Terms of Service

9 min read

Deviation Actions

junijwi's avatar
By junijwi


2/24/19: added buyer's rights that allows anyone who AB'd a one-off adoptable to use that design freely in commercial works.

You have the choice of following a) the newest ToS or b) the ToS that applies to the time period where you purchased the adoptable/commission/etc.

OLD TERMS OF SERVICE:
Terms of Service (2/24/16 - 3/22/16)
Terms of Service (3/22/16 - 2/25/19)

By purchasing works or services from me, you are agreeing to abide by the following conditions.

Commissions

Transactions are processed by default through PayPal.com. Work will be started once payment or half payment (set by me and agreed upon by the commissioner) has been received.

Once completed, a preview will be sent; the commissioner may request changes or edits, but otherwise has 3 days to contact me about edits or pay the rest of the agreed price. Upon payment, the final piece will be transferred digitally. Late fees may be applied ($10 per week).

An edit fee of $5 USD may be applied for intricate edits and especially edits that are the result of a lack of information provided by the commissioner.

FOR PAYMENT PLANS: I am not obligated to send reminders or notifications for upcoming payment dates. I reserve the right to charge late fees (up to $10 USD each week) if I deem it an issue.

There are no refunds on any payments made. The commissioner has rights to use the commissioned work, and is allowed to redistribute it as they see fit AS LONG AS they do not mean to resell the work and credit is given as due. The commission is not to be used for commercial means.
EXAMPLES:
>The commissioner can use the art as a character reference/application
>The commissioner can use the art on a website banner
>The commissioner can put the art on a t-shirt
>The commissioner can put the art in a resource package, for free
>The commissioner cannot sell the art as a print
>The commissioner cannot sell t-shirts with the art
>The commissioner cannot include the art in a resource package, for sale

Adoptables

Rights to using the design are given once payment is complete. Artwork may be used non-commercially by the buyer, but the art still remains the artists' (and can be used as examples, portfolio pieces, etc). You agree to follow any additional ToS that a closed species has.

Refunds are not accepted. Full resolution images and alternate versions (lineart, b&w, unshaded, etc) will be provided upon request, but are not guaranteed 15 days after the original transfer of artwork. The buyer is allowed to redistribute visual references or artwork AS LONG AS they do not mean to resell the work and credit is given as due.

For publishing work, you can use the design in any personal creative work OR use the design in free works (personal stories, webcomics, fiction, etc, that are AVAILABLE FOR FREE. For example, you can sell a comic book including the design, HOWEVER a free copy of the comic must be available somewhere publically, such as on a website or as a .psd download).

For derivative work, you may create a species based off of a one-off (not closed species) design, as long as you are not earning income off of it. For example, you may create an open species. You may NOT sell derivative works (aka adopt designs based off this species) but you may give them away for free via raffle, DTA, etc. You can use this species in your personal work as long as that work is available for free in some way, shape, or form.

Adoptables may be gifted or traded, but may not be resold for more than their resell value. By default, resell value is the monetary amount it was gained for (ex: $0 if free, $10 if purchased for $10, etc). Resell value CAN be raised with art, merchandise, etc, however in order to raise resell value, I must personally appraise the design and its derivatives. You agree to trust my judgement in deciding resale value for added art. I should be contacted in the case of any transfer, to prevent faulty sales. Ownership can be tracked through CrowCouncil (the masterlist), this is the buyer's tool against scams and I am not responsible for refunding re-sales that are not legitimate.

Designs for may be tweaked in the following ways (this can be overridden by the species' ToS):
>renaming the character
>changing the biography
>creating/changing the personality
>editing accessories/clothing
>changing markings
>changing physical appearance as much as you want
>changing the design's species  (if changing to a CS, you must have the CS owner's permission aka myo slot)
>Create alternate forms/versions of the designs

Designs can be majorly changed, however you should keep the original design art files as I cannot guarantee redistribution of art files 15 days after the original transfer of work.

My closed species designs can be used outside of their home worlds, but all said interactions are considered non-canon (unless the species specifically is able to travel between worlds/universes). It is encouraged for these designs to be altered to resemble one-offs/less resemble their species, and will mainly be considered AU.

I will not forcefully reclaim a design without reasonable cause. I do not give refunds if a design is reclaimed for reasonable cause. Reasonable cause is as follows:
>The current owner broke my Terms of Service
>The current owner is proven to have scammed someone else, even if the scam has nothing to do with my personal property, art, or designs

Breaking my ToS is grounds for being blacklisted or blocked by me. It is grounds for losing ownership of intellectual properties (such as adoptables) obtained from me.

Commercial Use

Any design that meets the all of the following criteria is automatically considered intellectual property of the buyer available for commercial use.
>The design is a one-off (not a closed species)
>The design was autobought by a buyer

These adoptables may be used in the following way:
>Change the design in any way
>Change the story, world, genre, etc that the design is used in
>Use the designs in creative works (webcomics, novels, or other forms of income-earning work)
>create other characters based off the design
>Sell the design on merchandise
>Use the design in a for-profit manner
>Create a species based off the design, for profit

For designs that do not meet the criteria for commercial use, a commercial use fee may be paid to allow commercial rights. This fee is to be discussed with me, and may vary depending on intention and the design. 

Privitization

Permanently changing a species design made by me into a one-off or another species can be done, but must be done with permission from me (and also permission from the other species owner, if they're involved). In the case of changing one species of mine into another also owned by me, I have the right to charge for an MYO slot as it'll be considered a new character rather than a transfer.

Payment

YOU HAVE 3 DAYS TO REQUEST A REFUND FOR A REASONABLE CAUSE (determined by myself) but refunds are not a guarantee. Unless I make an exception, payments are non-refundable. Payment will be processed through PayPal.com. I will send an invoice to the buyer, which should be paid by the listed date. Please do not send payments prior to receiving an invoice.

Payment Plans

Payment Plans are available for works over the value of $100 USD.

A non-refundable down payment (to the my discretion depending on the piece, but most likely either 20% or $50 (whichever is lower) for adoptables or 50% of the price for commissions) is to be forfeit upfront, where the rest of the amount owed may be paid later.

For every $100 of total worth, the buyer/commissioner has 7 days to pay the cost, to a maximum of 1 month.

Original Skin by SimplySilent, edited by junijwi
_
Published:
© 2015 - 2021 junijwi
Comments5
Join the community to add your comment. Already a deviant? Log In
LordSnipe's avatar
and you always got pissed at me for paying you in advance

what is this change of heart
junijwi's avatar
ShhHHH my commission work is only partially prepaid bc i still like having that motivation- NOTHING HAS CHANGED RLY
Relevancies's avatar
that reminds me tho.

I never did commission you. ;)
junijwi's avatar
Relevancies's avatar