Aermerea Terms Of Service

Aermerea Sanctuary - AermereaHaven - GalaxyBabies - Stargaras

TERMS OF SERVICE

(Last Update: August 2020)

NOTICE: The T.O.S. is subject to minor updates without notice.
Major updates will be given a notice and give affected members a grace period of at least 15 days.
Any and all updates are applied to all currently existing and pending designs.

By participating in the species, you are agreeing to these Terms of Service.

1.0 GENERAL & PAYMENT

• Species under the Aermerea name include:
  • GalaxyBabies, Bloompuffs, Stargaras, Amorapuffs, Vaniwisps, Amorablooms, Adorawisps, Galawisps, Cherishes, Ceros,  & Florettes and all crossbreeds or hybrids herein mixed with our species. As well as familiar/pet species Kanjos/TeruTeru, Puffit, Florion, Fluffles, TeaBlossoms, TeaBanes, Pateasseries, Galaxteas, Galababs and all crossbreeds or hybrids herein mixed with familiar species.
• You are purchasing partial rights to a design & a digital file. There is no physical product.
  • Only  Personal use is included in the purchase. Commercial use is not permitted except in instances where artists are advertising their commission services or using it in their portfolios.
• The original design will always exist in Aermerea.
  • Staff at Aermerea are not obligated to update images to reflect changes you’ve made, but we typically will update them if big changes or edits are made. Make sure you ask/approve these changes with us first.
• Only certain designs can be retired, voided, or otherwise by definition "removed in some way" from the any of the species listed above/under our care.
  • These designs include MYO designs and custom designs. These  designs include MYO and custom designs. For MYO designs, you must be  the original designer, or in case you aren't the original designer gain permission from the original MYO designer.
    For customs, you must have proof of permission from the original designer and be the current owner. To pull a  custom, you must provide proof it is a custom and not an official  adopt. (Typically there should be a ticket number attached to your custom where an adopt wouldn't have one)
    No other designs can be retired from the species, period.  You can however make alternate versions of your design, in alternate universes. They can not bear Aermerean traits. If you  wish to retire a design, you must show proof you removed all distinctive species traits from the design before we’ll approve design's retirement. Voided designs are specific only for banned/blacklisted members (See Section 1.3)
• Members  of the community (a part of the discord server, deviantArt group, or  ToyHouse world) may have their Godly designs listed in the official  Aermerea Pantheon with approval from the species owner(s).
  • If  at any point you leave the community, then the design will be unlisted from the Pantheon. This is a privilege for the community only. A “Do Not  Draw” stamp will be placed over the design.
  • Godly designs, even MYOs, may not be retired or removed from the species in any way. So think carefully before purchasing one.
• All staff and members should be treated with respect at all times. 
  • Slander, gossip, stalking, harassment, or hassling for designs is not permitted.
  • Scamming,  theft, and ban evasion, or otherwise bending the rules for malicious  purposes are treated very seriously in this community and warrant  instant bans/blacklisting.
• You may not use any of Aermerea’s names, lore, or systems for commercial purposes.
• All sales of designs and tickets are final. No refunds. No chargebacks.
  • If  you are banned/blacklisted from the species, your unredeemed tickets  and nursery adopts will remain unredeemable by you, but may still be  sold, traded, or gifted to others, who may then again redeem them.
• Payment may be made by paying Paypal invoices or utilizing Paypal’s “transfer money” system (NOT “friends/family”).
• Failure to pay on time cancels any orders made.
  • Chargebacks count as failure to pay.
  • If the order is cancelled or a chargeback occurs, then you have no right to anything in the purchase.
• Payment plans and the terms of payment plans are at the seller’s discretion.
  • You will not receive your rights to the design until the payment plan is completed.

1.2 OWNERSHIP & CREDITS

• You may co-own a design with someone else.
  • Only two people maximum may co-own a design.
  • There must be proof of co-ownership noted to the group.
  • You cannot give away your co-ownership without approval from your co-owner.
  • Co-owning is only allowed if both parties are in agreement.
• You may resell, trade, or gift designs you purchased.
  • Always check the original listing before accepting new designs. Any questions can be directed to staff.
  • You must report the transfer to Aermerea staff (on AermereaHaven ) so it can be properly recorded and to avoid possible consequences of breaking this agreement. 
  • You  have seven days to report transfers. If a transfer is not reported,  it’s considered void. Failure to report will result in a strike, and  repeated failures to report transfers can result in a temporary or  permanent ban.
  • Once you transfer the design away, your personal rights to that design are gone.
• Resells must be the price you paid or less.
  • You can increase the price by adding art (that you’ve paid for) to the  total cost of the sale, but we must have proof of commission cost.
  • You can also increase the value by adding your own art and showing us proof of commission prices for the value. 
• We have a cooldown on selling and trading adopts and tickets.
  • There is a two-week cooldown on selling/trading/vouchering premade adopts.
  • There is a month cooldown on trading MYOs and nursery adopts.
  • There is a week cooldown on gift transfers. This does not apply to gacha purchases immediately following initial sale.
• If you received the design through a trade, you can only trade, voucher, or gift it.
• If you were gifted the design or otherwise received it for free, you can only gift it. With the exception on Free MYO's if the free myo has a design attached to it, it may be traded or vouchered but never sold. You can not however trade or voucher a free myo without a design. If you pay for your free myo to be designed it has value so please let us know.
• Crediting the species is always required. You must list one of the following:
  • Aermerea Haven
  • Aermerea Sanctuary
  • KizunaYui-Studios & KiraKiraBunnii
• AermereaHaven must be listed as Creator if the design is posted on ToyHouse, as per ToyHouse’s TOS. The only exception to this is GalaxyBabies which will be listed with the creator as GalaxyBabies
  • Artists who actually created the designs should always be listed in the designer section.
• Do  not hide Aermerea designs on ToyHouse without giving AermereaHaven or GalaxyBabies permission to view to the character. Art depicting the design must be  visible. You can DM us a key to accomplish this.

1.3 BLACKLIST

• The  blacklist is private for a reason. If you have concerns about a certain  user being included on the blacklist, please DM staff the username for  clarification.
• Breaking the T.O.S. in any way leaves you susceptible to anything on the list below.
  • Your designs will be voided. (If you decide to pull them from the species, they will be retired). See section 1.0 for more information on retiring designs. (The  definition of a voided design is that the traits are void and it can  not be used or posted anywhere with the traits, but you still have  rights to the base design you purchased.) Voiding only happens in case  of ban or blacklisting of a member. Said member can choose to retire  designs before punishment is dealt, but only if they are MYO's or  Customs as listed in Section 1.0. Any retired designs outside that case  will be dealt with on a case by case basis at the sole discretion of the  admin team. The definition of retired as listed above is you yourself  pulled it and proved the traits were removed, and admins approved it.  See also section 1.4
  • You  cannot redeem MYO tickets or nursery adopts. Nursery adopts in  particular will be repossessed by the group, as there is no way to pull  them from the species. See section 1.0 for more clarification.
  • You will not be able to receive any designs under the Aermerea name. This includes any and all crossbreeds.
  • You  may be blocked from the discord server, TH world, and/or dA group, as  well as our Masterlist Account, or any other accounts directly  affiliated with our group, such as Patreon, Ko-fi, etc.
  • You may be disqualified from events held by Aermerea, including events in conjunction with other species collabing with us.
• Involving a third party to get around these restrictions may result in the third party getting blacklisted as well.
  
  

1.4 DISCLAIMER

We,  KizunaYui & KiraKiraBunnii, retain partial rights over any design(s) created for Aermerea, be it created by ourselves or by official or guest artists. As well as any other assets herein done for the Aermerea group, including but not limited to: banners, shop art, items, event art, icons, emblems.... etc. These can not be removed or reproduced, as they are exclusive to the Aermerea group.

• This means that new artwork may be made of designs included on the Aermerea masterlist. Permission will always be sought before new artwork is created of designs. This also means that we reserve the right to add all aermerean designs to our masterlist. Please be aware of this.
• We retain the ability to  retract the traits of the design that make the design specifically an Aermerean design. All retracted designs will become simply void. (The  definition of a voided design, as listed above, is that the traits are  void and it can not be used or posted anywhere with the traits, but you  still have rights to the base design you purchased.) Please message us  for more information on what traits constitute an Aermerea  design/species.

All species under the Aermerea umbrella are Closed Species.

• Only  KizunaYui and @HunniBunnii can give others permission to create an  Aermerea design. Members may also purchase the right to make one with  tickets.
• We do not copyright or trademark  the individual traits and features of an Aermerean design, only the  combination of traits and features as a whole.
• Creating designs similar to Aermerea species does not make it a part of Aermerea.
• While  all trades and sales are conducted at your own risk, please bring all  issues with trades and sales gone wrong to the attention of Aermerea  staff as soon as possible. We are always happy to try and help resolve  the situation in a peaceful manner and may possibly be able to provide  species-specific compensation for your loss.
  
  Link to the DA Posted TOS - https://www.deviantart.com/aermereahaven/journal/Official-Aermerea-Terms-of-Service-800446665 - it very likely its out of date as we are no longer on DA and the most current version will always be on Toyhou.se / attached to your character
  
  
  
• 1.5 NFTS
  
  -Aermerea does not and never will condone or approve  of NFTS in any way. This includes buying, selling, trading... anything  at all.  We want nothing to do with NFTS as they are bad for the  environment and for the artist and adoptable communities.  Aermerea does  not allow any of our properties, or assets to be made into nfts. This  includes but is not limited to website assets, icons, banners, designs,  pixels, adopts, myos, customs, tickets, items, etc. This includes all  the properties and species under the Aermerea Umbrella as well as, pets  everything.
  -Furthermore, if a design originated in Aermerea but  was retired it still can not be made an nft. We 100% want to make it  clear again we do not in any way support NFTs and want nothing to do  with them.
  - If you were scammed into buying an NFT of an  Aermerean design or ticket, we will not be providing any exchanges for  legit ways of joining our community. We thank you for your interest but  we wholeheartedly suggest you seek a refund. No official Aermerean  designs are or will, ever be minted/made into nfts, as said above its  not even allowed.
  - We keep our own masterlists of our species to  protect our users, and the legitimate owner information is always  accessible for lookup.
  - If you suspect you've obtained a stolen  design, please inform us so we may take action against whoever minted  the NFT with stolen art. Only the legitimate owner found in our  masterlist will be officially acknowledged by our community.
  -Furthermore,  users are not permitted to mint their Aermereans for resale as NFTs,  even if they are the original artist or owner. Doing so will result in  the immediate voiding of the design on our masterlist and a thorough  investigation into if it was the member who minted the NFT. Proper steps  will be taken after the investigation has conclusive results.
  -Once  again Aermerea does not in any way support NFTs and they are not in any  way allowed in our group at all, in any form, for any reason.