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 7 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
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 Fosgailas.
- Staff at Fosgailas 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 species.
- These designs include MYO and custom designs.
- For MYO designs, you must be the designer AND current owner, and 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.
No other designs can be retired from the species, period. If you wish to retire a design, you must show proof you removed all species traits from the design before we’ll approve design retirement. Voided designs are specific for banned/blacklisted members see section 1.3
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 Fosgailas 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 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 Fogailas staff on Discord & screenshot it 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.
Crediting the species is always required. You must list one of the following:
- Fosgailas
- SpiralDiColori, xXStarryPuffyDreamXx, acerbase12
Fosgailas must be listed as Creator if the design is posted on ToyHouse, as per ToyHouse’s
- TOS. Artists who actually created the designs should always be listed in the designer section.
Do not hide Fosgailas designs on ToyHouse without giving Fosgailas 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. 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 Fosgailas name.
- 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 Fosgailas, 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, SpiralDiColori, acerbase12, & xXStarryPuffyDreamXx retain partial rights over any design created for Fosgailas, be it created by ourselves or by guest artists.
- This means that new artwork may be made of designs included on the Fosgailas masterlist. Permission will always be sought before new artwork is created of designs.
- We retain the ability to retract the traits of the design that make the design specifically an Fosgailas 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 Fosgailas design/species.
All species under the Fosgailas umbrella are Closed Species.
- Only chocodanish, acerbase12, & Sleepy Lazy Starry Potato -3- can give others permission to create an Fosgailas 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 Fosgailas design, only the combination of traits and features as a whole.
- Creating designs similar to Fosgailas species does not make it a part of Fosgailas.
- 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 Fosgailas 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.