Design/Adopts TOS

Authors

kanari

Published

2 years, 6 months ago

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By ordering a commission from me, kanari ("the Artist"), you ("the Client") affirm to have read and agree to be legally bound by the following Terms of Service listed below. Failure to abide by the Terms of Service may result in a rejected/cancelled commission with or without a refund, and/ or a blacklist/ public service announcement. Please note that these Terms of Service may be subject to change without prior notice.

If you find anything suspicious or see anyone breaking my rules, please contact me.

These Terms of Service are in effect as of DECEMBER 07, 2021.

Jump to:
Section 1 - General Rules
Section 2 - Purchasing
Section 3 - Usage
Section 4 - Reselling/Trading
Section 4.1 - Commercial Usage
Section 5 - Recoloring/Editing
Section 6 - Prohibited Contents
Section 7 - Blacklist

Section 1 - GENERAL RULES

The following rules refer to the general rules of how

I do retain the copyright to the artwork and, in case of Closed Species (CS), of intellectual property. This means that the character is yours, but you were not the one to design it, nor the owner of the species it belongs to.
1. This also means I have the right to use the design art made by myself as example of my portfolio.
If you own a design of mine, you can re-post it to other sites with proper credit. It must also be specified if it's a Closed Species.
Unless specified otherwise in the description, I do not give .psd files of any of my designs.
If you have ANY question or doubt about this TOS, or about what you can/cannot do with my designs, please ask so BEFORE claiming/purchasing.
If the adopt is "offer to adopt", please read the description and don't be offended if I don't choose your offer even if you think it's better than the other. I reserve the right to choose what has more value.
If asked, I'll try as much as I can to warn you if someone does an offer higher than yours , but it's beyond my capalities to have the absolute control of when bids/offers are being made. Please, be aware of the auction as much as you can and don't rely solely on me.
Snipe Guards are made to prevent sniping--which is when a person swoops in and wins things at the last second. With that in mind, the Snipe Guards will work for every last bid. When a bid is made right when the official deadline/countdown is over (which will be written in the post), the Snipe Guard will come into action. The design will still be up for bids for x hours. Once the time is up, the design will be officially sold to whoever bid last.
The Client must credit me as the owner of the original art design, however they can be credited as the owner of the design itself.

Section 2 - PURCHASING

No refunds.
Payment is expected upfront.
Payment must be done for USD through Paypal.
1. Only exceptions are if in the post description the following payments are being allowed: Game Currency, Art, Trades.
The Client cannot change their mind over the design they want once payment has been sent.
Once payment is sent, the Client cannot 'swap' the bought design for another one in my gallery, even if they have the same price.
Claim properly to start the adoption. 'I'll take him/her', 'I want to buy him/her', 'Can I have them?' are examples of acceptable claims. 'I'd really like him/her', 'Mine' and/or inquiries about price/status/etc are not acceptable claims. A claim starts when I have received a clear intention of purchase.
After my confirmation of your claim, the Client will receive a note with my payment information. The Client has 24 hours to complete the payment. After that time has passed, the client will receive a single warning of 2 (two) hours before the design will be considered open again.
The Client must have the payment in hands.
The Client can ask for a "Hold" for at most 3 (three) days. After that, the design will be automatically up for sale once again.
Claims cannot be converted into Holds.
After purchase, the Client will receive a unwatermarked full resolution with transparent background of the design.

Section 3 - USAGE

The client have the following rights of usage of the design/art purchased:

The Client may make minor edits to the original design art for personal use (ex. icons, banners, profile picture, signature picture, etc), but only if proper credit to the Artist (kanari) and a linkback to any of the Artist's social media (Toyhou.se, Twitter, Tumblr, Instagram, in order of preference) is provided.
The Client may use/reupload the original design art for personal/non-commercial use, but only if, again, proper credit to the Artist (kanari). See rule above.
The Client may use/draw a design only after purchasing it.
The Client may give the purchased design a name, a personality, a backstory, change their gender, etc.
(Please see Section 5 - Recoloring/Editing for appearance and physical changes.)
The Client may draw, write stories, RP and commission art of the purchased design as many times as they want, in any way they wish* as long as they credit me (kanari) as the owner of the original design.
The Client may use the design for personal use.
1. That includes: personal stories with no profit; roleplay; free games; personal stickers (for the Client's own self), personal prints, personal shirts, etc. The Client must credit me (kanari) as the creator of the original design (and art, if it applies) in any of those uses.
2. This also includes usage of design in small paid serializations (webtoons, comics, books, animations, patreon, etc), as long as credit to kanari is properly given at all times. By small it's meant to be in small scales, where the product shouldn't be meant to have its profit go over $50 USD per month.
The Client may not claim the design as their own work, whether they did or did not make any edits to the design
󠀠󠀠(Please see Section 6 - Prohibited Contents for more information on what cannot be done.)
The Client may not use the design for any commercial use unless discussed with the Artist beforehand.
1. Designs for commercial use will be charged more than personal/non-commercial designs. Prices are negoatiable.
2. That includes: usage of design in big paid serializations (webtoons, comics, books, animations, patreon, etc); sale of products (keychains, stickers, prints, shirts, etc); paid games; vtubing if accepting donations, or any other mass media consumed materials for profit.
3. The rule applies even if it's another Artist's art being used, including if you have permission from the Artist who did the art. The permission must be given and purchased from myself, kanari, the designer. Otherwise, the design cannot be used for any commercial purpose.
  󠀠󠀠(Please see Section 4.1 - Commercial Usage for more information on what can be done with commercial usage.)
The Client may not make "copies" of the character with the intention to resell for profit. (i.e. creating an alternate form and selling both, or turning it into a closed/open species to sell).
󠀠󠀠(Please see Section 5 - Recoloring/Editing for more information on what cannot be done when editing.)

Section 4 - RESELLING/TRADING

The Client may trade/gift/resell the design after 1 week purchase.
There is no ownership cap. That means anybody can own as many designs as they wish. That also includes closed species.
The Client may resell the design for the price they got that for. The only exception is if additional art and stories are attached, including personal and commissioned content. If so, the value of the reselling can be the original price of the design plus the value of the additional content.
1. Pretty bios do not count as stories of value. By that, it means actual story, with several words and context, not status and brief explanation about personality, past, dreams or relationship with other characters.
2. Free art does not count to be added to the value.
3. Please, be mindful of the value of the additional art/stories. The price must be coherent and honest. Abuse of this rule to overprice the design because of several content with minimum effort will be treated as rule-breaker.
4. With above rules being said, a design cannot have its reselling value based on emotional attachment, or any other abstract reason. It must be based solely on their original value plus additional art/literature.
The Client may trade and gift the design, so long as they credit me (kanari) as the owner of the original design..
Designs received in a trade may be resold following the above rule. Do not calculate a trade resale's value based on anything but the adopt's original sale value + commissioned/personal content added.
1. It's the Client's responsability to repass the post where they got the design from to have the next owner know of the original price.
2. It's the Client's responsability to repass the value of the additional content, including the permission to have the content from other Artists's to be resold.
3. It's the Client's responsability to repass the unwatermarked/higher resolution version to the next owner. I cannot pass that on in the Client's place.
4. The next owner is free to contact me to ask about a design made by me. Be it to ask if the sale/trade is legit or anything else related to the design.
5. I cannot be blamed if the previous owner doesn't abid to these rules, however. I reserve the right to be of assistance within my capabilites, and I cannot be hold responsible for other people's actions.
The Client must pass this TOS to the next owner. Every break of the rules written in this article may result in being added to the blacklist.

Section 4.1 - COMMERCIAL USAGE

Commercial use only applies to original designs. Closed Species do not enter this category, and so they are not available for commercial purchases.
Commercial use applies to the design itself, and not the original design art made by me (kanari). The original design art must remain non-commercial. The design drawn by other people (as long as the Client have the permission to do so from the commissioned Artists) can be used for commercial purposes.
The Client interested in using the bought design for commercial purposes can do so by purchasing the commercial license from me (kanari).
The commercial license can only be provided from me (kanari). Until then, nobody can use the design for commercial use of any kind.
1. That includes, but is not restricted to: keychains; prints; stickers; shirts; vtubing accepting donations, etc.
After purchase, you may use your design commercially be it for books, comics, games, merchandise, etc.
This authorization is not transferable. That means the next owner cannot make use of the commercial usage license from previous owner.
The Client may not gift/trade/resell this authorization to a new user.
The Client may not raise the resale price of an adopt if they decide to purchase commercial use authorization and then decide to get rid of the adopt later.
Once the Client has purchased the commercial use, they may:
1. Sell either a small or large amount of keychains, prints, stickers, shirts, etc.
2. Use the design either in a small or big time indie game/book/plush/toy etc.
3. Use the design as a persona while streaming and receive donations.
4. Make a single painting of the design, but potentially making a large sum of money from selling the painting.
5. The profit may go over the $50 USD budget per month.
The Client must still credit me (kanari) as the original designer, even if a commercial license is purchased. It does not matter in what way the design will be used. The Client may never claim the design as their own.

Section 5 - RECOLORING/EDITING

The Client may not make edits to the original purchased art made by me (kanari) without permission.
The Client may change the design's species (race/animal/species/change to human, feral or anthro form), clothes, add accessories, add limbs, add wings, add markings, change patterns, change colors, etc. These alterations won't need approval.
1. The design must still be recognizable, and the credits for the original design must still be given to the Original Artist kanari (myself).
2. Major changes to the design may not be made, and are discouraged.
3. However, the design can be changed to an original species of another designer (for example: closed species), but it must be first discussed with the Original Artist kanari (myself). The Client must accept that in some cases their request may be declined, though it's very unlikely. After approval, a proof that the other species' owner is alright with it as well is required.
4. When trading/gifting/selling the altered design, even if it's another species, you must include the altered design plus the original design. It's prohibited to sell both designs separately.
The Client may make minor edits to the original design art made by the Original Artist kanari (myself). Ex. Cropping, Adding text/ borders, Changing Brightness/ Contrast/ Hue/ Saturation, etc.

Section 6 - PROHIBITED CONTENTS

The Client must be respectful and must not use my designs to promote violence, hatred, or discrimination. If I feel you are using my adopts/designs in a harmful way, you will be blacklisted permanently from future commissions/adoptions.
Nobody is permitted to steal, repost and redistribute any of my designs that do not belong to the Client themselves without my consent. Anybody will only have permission to reupload the design's art with credit if they're the owner of the design.
It's strictly prohibited to make a species or designs off the one bought or any of the designs sold/created.
Co-ownership is not allowed.

Section 7 - BLACKLIST

This section is reserved for all those who have broken the rules of my TOS. I request that anyone who obtains my designs that they do not sell/gift/trade any of my designs to the people mentioned here.

Those Blacklisted cannot resell their acquired designs without my consent whatsoever, but can trade/gift freely. Once the design is no longer under their ownership, they cannot obtain them again or any other design ever. To any potential buyers: please also refrain from buying my designs from them.

If any Client has gotten the design from someone from this Blacklist, they may use the design within the normal TOS rules. That means the new owner has all rights over the character and can edit/resell/trade as long as they respect the TOS. The character they have acquired won't be "voided", and so they still have the original value.

Any Client can also get Blacklisted if:

The Client fails to pay for the design more than twice.
The Client harass other buyers or myself.
The Client is disrespectful.
The Client is caught helping another Blacklisted person to obtain my work.

Current Blacklisted people

Blot - Toyhouse - Flight Rising Account - Twitter - Deviantart - Discord Blot#7855

daffodilcentric/Cas. - Toyhouse - Chicken Smoothie Account - Flight Rising Account