Terms of Service - Annies
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Yamio's avatar
By Yamio   |   Watch
70 87 16K (4 Today)
Published: August 31, 2015
By purchasing/selling a design from or for me in any kind of way, you are choosing to agree to the terms of service below.
Failure to read this before a purchase or creation of an Annie will break the TOS and the rights to own, purchase or the usage of Annies.
If you break the TOS your Annies will or might be retracted.
I will not be held responsible for any complications.
It is your responsibility to see if the ToS have been updated.
When the Terms of service is updated, the new update is what counts, no matter what old version you agreed too earlier, no exceptions.


I. TERMS OF SERVICE.

When purchasing or creating a design/character from or for me, such as Annies, you are buying partial rights or giving the rights to a specific character design belonging to my Closed Species.

The official design artwork made by me, or others, is still my copyright/intellectual property. I have all the rights to the design, its original artwork form for promoting myself and my artwork.
Example: Posting it on social media, making and selling tangible items featuring the original design or produce artwork with the original design included for things such as prints, events and artbooks.
If a purchase of the commercial rights to a design would occur, the whole fee would be paid to Yamio to avoid legal complications.

As a customer;
♣ You may give the design a name, story, alternative universe to live in, etc, for personal use.
♣ You may alter the design, such as giving it new clothes, hair styles, gender, body type, skin colour etc. But you may NOT change the features that characterize my species.
♣ You may convert the Annie to another species, if permission from the other species owner persist.
♣ Even if the Annie is converted, the original design and it's Annie form will always exist.
♣ Even if you alter the design, the original design will always exist.
♣ You may not use Anniverse, Annie or Annies name commercially.
♣ You may trade the design away for other designs.
♣ You may sell the design for equal to or less than what you originally paid.
♣ You are  allowed to make a small profit of the design. This only includes small scale merchandise sales such as prints, buttons and charms for no more than 100$ in profits all together during lifetime.
♣ If you are planning to use the design for larger scale merchandise, where profit will be over 100$ lifetime, or a comic, manga, visual novel, game or anything alike, a commercial fee of 300% of the original purchase price must be purchased from Yamio
♣ For selling and trading, you must always notify Yamio who the new owner is, to prevent fraud.
♣ You cannot claim an Annie|MYO on behalf of someone else.
♣ You can claim an Annie|MYO to gift to someone else.
♣ Co-owning a design is allowed, if both parties have an agreement.
♣ Both parts must pay 50|50. This is to assure nobody feel like they own it more than the other.
♣ If you are a mod, you are not allowed to AB within the first 5 minutes if you do the "bid here" comment, due to time advantage.
♣ If not a GD or a mod who did "bid here comment", you are not allowed to AB within the first 5 minutes if you buy it as a gift to a GD or a mod who did "Bid here" comment.
♣ The first time you use your design (such as in an artwork) you must credit Yamio for the species.
♣ Credit for the species further on is recommended to prevent confusion, but is not required.
♣ The design may be used in events, books and other merchandise without interference of your ownership.
♣ All designs and likeness may be used in official Anniverse events and competitions without your permission or interference of your ownership, this includes if you own the commercial rights.

Co-ownership clarification;
♣ Co-owning a design is allowed, if both parties have an agreement.
♣ Both parts must pay 50|50. This is to assure nobody feel like they own it more than the other.
♣ Gifting a co-ownership can only happen if the Annie is already split with two owners.
♣ You are required to have your co-owners approval before selling/gifting/trading your half of a co-ownership.


I retain partial rights over every Annie I sell, and therefore I have the right to ban a person/redistribute ownership over a design if they are blatantly breaking my Terms of Service and therefore terminating their rights to the species. This includes, but is not limited to;

♣ Selling/offering/auctioning and/or buying an Annie for more than its original purchase price/value.
♣ Harassing other members of the Annie community.
♣ Scamming/theft of Annies.
♣ Unacceptable/rude behaviour towards partner(s) in a co-ownership of an Annie.
♣ Unacceptable/rude behaviour towards people in the Anniverse community.
♣ Slander of the Anniverse.
♣ Filing a refund/chargeback (results in a reclaim of the designs from the user to make up for lost monetary damages. The buyer is then forbidden from using the reclaimed Annie(s), and further use will be considered character theft and copyright infringement)
♣ Failing to pay me/someone else for an Annie in either an auction or a trade/sale.
♣ Retracting or hiding any bid(s) made.


For Guest Designers;
♣ All designs created for the Anniverse, Yamio hold the partial rights to, together with the customer.
♣ You are not allowed to stream or show WIPs of Annie designs without Yamio's consent.
♣ You no longer have the rights to the design.
♣ If commercial fee is purchased, you will not receive a cut due to legal precautions. 
♣ The payment fee for creating designs under the name of Anniverse, is 20% for the first timer. 15% afterwards.
♣ You have the rights to claim yourself as the creator of the design you made.
♣ You have to wait 5 minutes before you AB an Annie in the same event you are in.
♣ You are not allowed to bid on your own design in an event.

II. PAYMENT

♣ All payment must all be made in full upfront after a purchase of a design.
♣ If you are a Guest Designer, the payment fee will be paid after you have received your payment from the customer.  
♣ The currency accepted is deviantART points and USD.
♣ Points shall only be paid through the commission widget unless stated otherwise.
♣ USD is paid through PayPal only with an invoice from Yamio.
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♣ Payments plan are accepted for 100$ and up.
♣ A deposit of 25% is required. However 50$ is the minimum. 
♣ Maximum duration of a payment plan is 3 months.
♣ If you fail to complete the payment through the payment plan, no money will be refunded. The same rules as a normal payment still applies.
♣ The characters does not belong to you until payment is fully complete.
♣ FTO (First time owners) can only do one payment at a time.
♣ If you already own an Annie, you can have two payment plans at a time.


III. CANCELLING/REFUNDING POLICY

If you file a chargeback against me, your right to everything I have ever made for you will be retracted and I have the right to re-sell the copyrighted design artwork to new buyers.
You will forbidden to ever purchase from me, Yamio, ever again.
Your name will be publicly posted everywhere I want for others to watch out for.
I also have every right to file a complaint and I retain all rights to the money you have given me.


IV. DISCLAIMER

If you, the purchaser, or Guest designer, have not read the ToS thoroughly, I am not to be held responsible for your own misconception.
This is a closed species, not an original species.
Closed species means only I, Yamio, or people I give written permission to, are allowed to create an Annie.
I cannot be held responsible if you sell/trade an Annie away, and suffer chargeback or fraud from a third party.
However, you have the right to ask for help to spread this information.
I do not put copyright on animal/plant features for others to use, however I do put copyright on the designs I create, the specified lore and the specific details that makes up the species as a whole, and they are not to be reproduced in any way.
Creating a design that have features alike to my species does not mean that said character/design belongs to Annies, Yamio´s species.
Intentional heavy referencing of designs is not allowed and you will be asked to alter a design to make it less alike if it occurs.

For any questions, please ask below.

Comments87
anonymous's avatar
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Yamio's avatar
YamioProfessional Digital ArtistFeatured
Mini update 11|11|2019
♣ Added "If not a GD or a mod who did "bid here comment", you are not allowed to AB within the first 5 minutes if you buy it as a gift to a GD or a mod who did "Bid here" comment."
PDStevenson's avatar
PDStevensonHobbyist General Artist
"When the Terms of service is updated, the new update is what counts, no matter what old version you agreed too earlier, no exceptions." 

you know, legally speaking - it doesn't work like that, terms of service can only be changed post-sale if both parties agree to it and as it stands, because you haven't used your legal name while laying out these TOS, no one can actually agree to anything.
as for the rest of it, I'd consider removing some of this stuff because you can't legally enforce it so whats to stop anyone from breaking these terms? 

as for merchandising and making declarations about what profits people can and cannot make - I would really consider being very careful with what you're saying there in fact I would be very careful with all of the financial stuff because I doubt any of this is declared and it takes just 1 person to report you after you sell them art and then start slagging them off all over the internet/"retaining the rights to the money they have given you" because they made a bit too much money for your liking. 

just some friendly advice.
Yamio's avatar
YamioProfessional Digital Artist
It works differently from country to country! ♥
It works because when I, or my GDs send an invoice, they also send the ToS with the Invoice.
So it is connected through our legal names.
As well when I send the ToS to my GDs in notes, I use my real legal name, as well they have to use theirs.
Example "I Steve Stevenson agree to these Terms of Service".

While yes it is harder to enforce it without these two steps above, I have made sure to protect myself by any means necessary when it comes to this. ♥

As well this ToS is applicable in court as well.
A contract is one person agreeing to something someone else states.
It can be enough to do it through a text message and it would still count in court.

Also to add on, several companies upgrade their ToS constantly, and send up updates that they are updated.
While we cannot back pedal and change things that already happened, it will count from the day it was updated and onwards!
Basically they cannot breach the ToS retroactively.

I do not really understand your last paragraph about merchandise though, but not to worry! Commercial rights can be purchased.
And it has happened that people have wrongfully used Annies in different situations, and both through Paypal and DMCA, due to my ToS, I've been protected.

Thank you for the friendly advice though!
PDStevenson's avatar
PDStevensonHobbyist General Artist
"Also to add on, several companies upgrade their ToS constantly, and send up updates that they are updated." - you're right, they do but they have to send out a notice which people typically will agree/sign without reading it but it covers the company and their changes. 

I know the way I say things probably sounds like I'm berating you etc. I just have bad communication skills and it was meant as friendly advice; I'm an electrical engineer and I've seen many colleagues royally screwed over in that field due to something as simple as a misplaced word in a contract.
Yamio's avatar
YamioProfessional Digital Artist
Yessu! I see what you mean! No worries about it! ♥
I know it can be hard with communication! 
I've gone through this ToS with many people in the art business, and from what I've learned, I'm pretty secure.
But then I just have to hope I do not end up in such a fate!
As I've done what I can and what I've learned from other professionals, and so far it has helped me a great deal when I've run into legal issues!
But I will take your advice to heart and make a clickable button people have to click to agree, in the future, if I make a website! ♥
However for now, people signing with their real names or through Paypal, has been enough to be legally binding in my case!
Thank you again! .:Tiny flower:. 
Yamio's avatar
YamioProfessional Digital ArtistFeatured
Mini update 29|9|2019
♣ Clarified how long GDs has to wait until they AB an Annie in the same event they are in.
♣ Clarified how long a Mod has to wait to AB if they do the "bid here" comment.
SgtCicada's avatar
SgtCicadaHobbyist Digital Artist
I agree to your Terms of Service !
I read them a long time ago, but here I am now lol
SCCRLM2's avatar
Hi Yamio! I have a question to ask, but just wondering if it is okay at your discretion to note you?
Yamio's avatar
YamioProfessional Digital Artist
You can always note me or DM me on discord if you have any questions. ♥
SCCRLM2's avatar
Thank you Yamio for the response! >-<
Yamio's avatar
YamioProfessional Digital Artist
Hi! According to that journal I'm doing it correctly and it's still applicable in court.
As when I send the Invoice of the adoptable, they ToS is linked there stating "If you purchase this adopt you agree to the ToS".
They then have to click a button to purchase, and the ToS will always be attached to do that invoice.

As well when I invite GDs I send private Notes to collect agreements to the Terms of Service.
As well the court and law differs from country to country. 
But I've gone in depth to make sure to protect myself.

And the adoptable is never taken back without a warning or a means to try to solve the issue first.
It demands a lot for me retract an adopt. Usually it would have to be that they did not pay in full after the decided time, or that they walked over someone else in a co-ownership.

Also this is the 2nd time you try to post anti-ToS here with your placebo account. As well as harassing Sasucchi and protecting tracers.
If you do not like the ToS, feel free to never buy an adopt from me!
Nobody is forcing you nor anyone else.

But it is important to protect ourselves, both as sellers and as customers!
I buy adopts myself and I always look through the ToS before I do, or ask If I have questions, so I know the terms are clear. ♥
Yamio's avatar
YamioProfessional Digital ArtistFeatured
Mini update 17|7|2019
♣ Put up the co-ownership clarification section. These were already set rules, just now collected in one place for easier understanding.
♣ Clarified the rule about selling|trading|gifting a co-ownership.
SCCRLM2's avatar
I agreed with this update ToS!
Chiinoe's avatar
ChiinoeHobbyist Digital Artist
I am in agreement with these updated terms!! <33
121GWJolt's avatar
I am in agreement with these updated terms!
mino-erika's avatar
mino-erikaStudent Digital Artist
I agree to the updated Tos!!
Yamio's avatar
YamioProfessional Digital ArtistFeatured
Mini update 2|7|2019
♣ Clarified the rules about small scale merchandise
♣ Shortened the payment plans from 5 months to 3 months.
----This will not affect currently ongoing payment plans. Only the ones made after this date.
SCCRLM2's avatar
I am late and I agree to the ToS.
meridiancore's avatar
meridiancoreHobbyist Digital Artist
I agree to the TOS~
xMelonDrop's avatar
xMelonDropHobbyist Digital Artist
I agree to these TOS
Aspintacular's avatar
I am also super late but I agree to TOS <3
Kiromei's avatar
KiromeiStudent Digital Artist
I have fully read and agree to the Terms of Service.
s-gillie's avatar
s-gillieHobbyist Digital Artist
i agree to the t.o.s. <3
anonymous's avatar
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