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#tos #adoptable #closedspecies
Published: 2023-10-02 02:04:56 +0000 UTC; Views: 555; Favourites: 3; Downloads: 0
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Description
By purchasing an original design that I have created, you are automatically agreeing to the conditions outlined below. Please read the TOS before deciding to purchase a design from me. There is no excuse to say you have not read the TOS as it is readily and easily accessible to find on any and all design auctions or group pages. If there are any questions or concerns, send me a note or comment. You may also contact me on Instagram or Twitter. These rules apply to every Species that I create.
What is a Closed Species?
A Closed Species is a creature concept created by a creator(s) who has chosen to restrict the availability of said creature to the public. Any individual not given explicit permission by the creator(s) may not create their own version of the species. Only the official creator(s) may create designs for the Species. The species may only be available as an adoptable for purchase or trade. Bootleg designs or designs not created by the original creator(s) are not considered official.
What is a Semi-Open Species?
A Semi-Open Species is a creature concept created by a creator(s) who has chosen to put limits on the ability of the public to make their own design of the Species. This means that you can make your own design, but you have to follow the specific guidelines that the creator(s) have set for them to be "Official." You may be able to design one, but only if you use common traits. Rarer traits may be reserved for designs that only the creator(s) can make and be used in official auctions/DTA's/OTA's ect… Designs not created by the original creator(s) or are not created using the official Species Design Guidelines are not considered official.
Disclaimer: While is it not possible to copyright an Species as a whole, it is possible to copyright each individual design the creator(s) make and to trade mark the name of the species in order to deter any copies, so please be aware of this when creating or naming a character that closely resembles an already existing character or character name. Creator(s) can take legal action against these types of offenses.
~General~
• I retain the copyright to the design, artwork, & -in case of Closed Species(CS)- intellectual property. This mean that the character is your but you were not the one to design it or the owner of the Species that it came from. I can also reuse the work for distribute, reproduce or use the image as a sample for sales/self-promotion, with proper credit to the owner. Once a design has been purchased from me, I will not re-sell it again unless I somehow get the design back.
• 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 CS. You must credit me whenever you post any sort of image containing them.
• My CS have a strict non breeding rule, to avoid the creation of more member of that CS not under my control. This is specified in the description of all my CS.
• You may not create your own Species design unless I have given you explicit permission. Getting my permission can mean one of a few things:
• Either I have given you the title of "Guest Artist" where you can design a character of the species for official auctions/DTA's/OTA's ect…
• You have purchased or won an official MYO (Make Your Own) or Custom slot.
• Or I have offered to create you a custom design.
• You are free to pick a name, personality, backstory, gender, accessories, etc... for any Species design obtained. You may not however completely change the coloring of the adopt, markings, etc. You are able to simplify the design. No big changes. It should look like the one you purchased.
• For example if a pattern or marking is too complex, you may simplify it a bit so that it is easier to draw. Or if you would like the coloring to be a shade lighter, you may do that.
• 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.
• Unless stated otherwise the Species are CS.
~Dos and Don’t~
• You can use/draw a design only after purchasing it.
• You can draw your bought design as many times as you want, in any way you wish.
• You can use your bought design in comics, books and such, as long as credit is given and CS status is made clear. You may also use the work for any personal use that you please, including but not limited to icons, signatures, layouts, wallpapers, themes and personal site display.
• You cannot use my original art to make prints/cups/merchandise in general. Personal use in novels/comics/etc is fine, mass production for profit is not
• Commercial rights are only available to purchase for one off adoptable designs I make, not for one of my existing Original Species. Consider these designs like pre-made commissions.
• Editing a design is possible, but ask me about it BEFORE claiming/purchasing. CS are allowed edits such as scars/tattoos, but anything that is not within the species' standard will be denied. Color changes of any kind are usually allowed, unless the CS has a rarity trait that concerns color. This does not apply to adoptables
• Editing my original art file in any way, including removing the watermark, is not allowed.
• If you create or bought a design for any of my species, you are not allowed to claim that you created the Original Species concept as a whole, just that character.
• Any Closed Species design obtained from me must be credited to me the every time it is used. When using the original art of the design, it must be credited to me every time it's used. Which means you may upload the original work done to your site as long as it is credited and linked back to any of my galleries.
~Purchasing~
• When a claim is made, most stated if it just for the .png file or for the .psd file. Unless stated the defult will be the .png file and price
• Once payment has been sent, you cannot change your mind over the adoptable you want. Nor can you 'swap' it with another one in my gallery, even if they have the same price.
• Pre-sets follow the rule of 'First come, first serve' for the first two days.
• You must 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.
• I currently only accept cash (USD) payments through Paypal. I just don't purchase anything on DA so points are useless to me.
• After I confirmed of your claim, you'll be asked to send a note with your paypal address for an invoice. You have 24 hours to complete the invoice. After that time has passed, you'll get a 24 hours warning before the adoptable will be considered open again.
• If you purchase a design from me I will invoice you. DO NOT send me any payments before hand, it will be refunded if you do so.
• After two days, holds can be put in place. If you need more time to get the payment please let me know before or at the time of claim and we will work something out.
• No Refund
• If you are truly unhappy with a design, you may re-sell it for the same price you bought it for. If you find you do not actually have the funds to purchase the design then, DO NOT PURCHASE THE DESIGN! I do not do refunds on pre-made designs.
~Re-selling~
• Gifting, trading and re-selling are allowed. If you are going to resell an adopt, or gift it to someone else, please talk to me first. For closed species, I will need to try and keep track of who owns what. That way there is no blaming someone for stealing an adopt if it was gifted to them, etc.
• Reselling must not be at a higher price than what was paid for it in the beginning, unless extra art is present. If you have created more art of the design though, you may increase the price according to the amount of extra art you have created and it's worth.
• When re-selling, the old owner must warn the new one to contact me so I can change the character's status description.
• When re-selling a CS, old owner must alert the new buyer of the character's status.
• If you purchased a character that has an un-watermarked/higher resolution version and you decide to re-sell it, it is your responsibility to deliver such file to the new adopter.
• Re-sold designs will not be eligible for commercial use.
• You CAN'T sell or trade a design unless you've owned it for at least a week (Due to Masterlist updates being updated each week.)
~Auction~
• Whoever puts the most money into the auctions, wins.
• Do not edit or hide your bid.
• The Auction will end 48 hours after the last bid.
• No fighting over the adopts. If someone auto buys, or if the time runs out, then it's final.
• You will be required to send the payment before I give you the adopt. If you do not pay for the adopt within 48 hours, and I do not hear from you, I will give the second highest bidder the chance to buy the adopt. If there are no second highest bidders, the adopt will be left open for adoption.
• If there is a problem with getting the payment to me, please tell me and I will hold it for you for a set amount of days.
• Ex. you get payed Friday and it's Wednesday. I'll hold it for you until Saturday. Etc.)
• When purchased, I will send the buyer the un-watermarked version of the adopt.
~Blacklist~
• If you fail to follow these rules properly, I'm afraid you'll be banned from the group and future auctions or events regarding any of the species.
• You will still keep your species character and may still be able to participate in the community, depending on your behavior. However, before taking real action we will do our best to talk to you and resolve the issue, you won't be immediately banned for doing a minor mistake that could have been a little confusion about a rule or statement.
• I reserve the right to take back adoptables...
• If you have been blacklisted, steal adopts
• Art from me or others, hoard adopts but never seem to use them, etc.
• If you bid and then back out for no reason, “Fake Bidding”, then you will be blacklisted.
• Harassing other buyers who bought an adopt or outbid you, then you will be blacklisted.
• Stealing adopts or art from me or others will result in being blacklisted.
• Re-selling an adopt for a higher price than it was originally purchased will result in being blacklisted.
• If you are blacklisted, you will not be allowed to purchase adaptables from me.