Adoptables T.O.S

  LAST UPDATED   15 November 2023
Subject to change without notice.

  DISCLAIMER  
By purchasing/bidding on, or otherwise obtaining an adoptable from me,
you automatically agree to the following terms.
When you purchase (or otherwise obtaining) an adoptable, you are acquiring a limited and non-exclusive licence to use that adopt for personal, non-commercial purposes.
To have commercial usage rights, you must purchase a commercial authorization from me.
Failure to comply with these terms will result in automatic and immediate termination of your usage rights, as well as the addition of your name to my blacklist indefinitely and without warning, and potential legal actions.If you have any questions, please contact me !


⟡ Terminology :

  • I (Vyzheia) am the artist/seller

  • You are the client/buyer

  • The Adoptable (''Adopt'') is the design I made and that you purchased (or otherwise obtained, through a resale, a trade or raffle for example) The adoptable can be a character design, outfit design, object/weapon design, tattoo design and more.

  • The adoptable's Artwork (''Artwork'') is the illustration I've made of the design/adopt.

  • Those terms of service make a difference between ''personal use'' and ''commercial use'', details outlined below.

⟡ GENERAL :

  • You MUST be 18 years or older to buy an adoptable from me.

  • All my adoptables are for personal, non-commercial use. To have commercial usage rights, you must purchase a commercial authorization from me. (details outlined below)

  • I prefer to sell my adoptables to people who have a toyhou.se account. If you don't have one but wish to, you can ask me for a code which will be offered to you with the purchase of one of my adopts.

  • I do not allow my art and adoptables to be used for AI (Artificial Intelligence) and/or for NFT (Non-Fungible Token) and alike.

  • Adoptables are digital purchases, meaning there won't be any shipping of physical goods.

⟡ MY RIGHTS :

  • I reserve the right to deny any sales to anyone for any reason.

  • As the Artist, I (Vyzheia) retain intellectual property rights to my Adoptables and their original artwork, which are protected by copyright and other applicable laws.

  • This includes, but is not limited to :
    - Showing my artwork on galleries/portfolios
    - Printing on art books
    - Using it as price samples
    - Using it for self promotion
    - Reproducing the design in altered forms for my own needs or to create more adopts.

  • I won't sell an adoptable I've already sold to someone else

  • I won't use the Adoptable itself, only the Artwork I've made of it.

⟡ YOUR RIGHTS :

These rules apply to all past and future adoptables, whether for personal or commercial use.

  • When you purchase (or otherwise obtaining) an adoptable, you are acquiring a limited and non-exclusive licence to use that adopt for personal, non-commercial purposes.

  • To have commercial usage rights, you must purchase a commercial authorization from me.

  • You must credit me as the creator of the Adoptable with a link back to this website or any of my socials.

  • You may not claim to be the creator of the Adoptable, only the current owner of the Adoptable.

  • You don't need to tag me in every instance of Adoptable appearance, only when you post my art and/or the first time you draw the adoptable (even if you optained it in a trade or resale). Otherwise a visible text credit on a design sheet or character profile will suffice.

  • You may not use my Art/Adoptables for AI (Artificial Intelligence) and/or for NFT (Non-Fungible Token) and alike.

  • My adoptable characters may not be aged down and must be kept above 18 years old.

  • Do not copy/trace my art, even if you own the Adoptable.

  • You may not use any of my art or adoptable in support of hateful images or ideas.

  • You may make minor changes on the design (editing rights outlined below) however I will retain credit to the design.

⟡ PERSONAL USE VS COMMERCIAL USE :

  • All my adoptables are for personal (non-commercial) use, you must purchase a commercial use authorization from me if you wish to use the adoptable for commercial purposes.

  • Personal use: refers to the use of an adoptable for personal enjoyment/recreation.

  • Commercial use: involves the use of and adoptable for business or profit-oriented activities (direct or indirect financial gain, promoting a product/service/brand...)

PERSONAL USECOMMERCIAL USE
Displaying the Adopt online, in place of free access (using it as an avatar/icon, banner picture, or displaying art you make/commission of them on socials)Displaying the adopt in place of paid access (like patreon for example)
Creating stories, art, personalities for the adoptable, roleplaying with the adopt.Selling merch (prints, stickers etc.) featuring the adoptable (must be your artworks or commissioned art if the artist has given you the right to do so)
Printing it for yourself (not for sale)Using the adoptable as a Mascot/Vtuber model (pngtuber/giftuber and a-like aswell) or for logo/branding.
Make minor changes to the design, giving them extra outfits/hairstyles/accessories.Using the adoptable as an official character/object/place etc... In games (NPC or main character), webcomic and/or published comics/books for example.
Re-doing your adoptable in games for non profitable purposes (examples : in FFXIV, Sims, IMVU, Second Life etc...)Using the adoptable as an official character/object/place etc... In games (NPC or main character), webcomic and/or published comics/books for example.
Commissioning art of the adoptable.Projects with ad revenue.
Anything non profitableProfitable purposes

⟡ COMMERCIAL USAGE :

  • Commercial rights usage can be purchased for a design starting from the claim message where the design is bought. From there, it can be purchased whenever the owner pleases during their ownership of the design, until the end of their period of ownership, which is when the design is traded/resold/gifted to another person.

  • If the design is resold or traded, the commercial rights will not be transferred to the next owner. The new owner must be informed of the loss of commercial rights upon sale/trade and must contact me, the artist, if they're interested in commercialisation of the character.

  • Please keep in mind that designs for commercial use have completely different price from personal use adopts since you are buying extra rights upon the design which need a specific contract to prove that you have the right to use this adoptable in those situations and avoiding legal issues.

  • Commercial usage applies to the design I have made, not the artwork itself.

  • The agreed-upon commercial fee must be paid off in full before the design can be used for any type of commercial activity.

  • Payment plan for commercial fees can be discussed, but a down payment that can cover the initial price of the design in full must be placed beforehand.

  • In the case where the buyer fails to pay for the commercial fees fully, refunds will not be issued. - Depending on the situation, I will decide whether commercial rights should be issued or not (partial or none)

⟡ EDITING RIGHTS :

You may make changes to the design to fit your needs, however you must respect these conditions :

  • I retain credit to the design and artwork.

  • The design must stay recognizable.

  • You may not edit the original file done by me : any design changes may be done in new artwork made by you or someone else.

  • My adoptable characters may not be aged down and must be kept above 18 years old.

  • One adoptable stays one adoptable (no twins or more, no multiple versions of a single outfit/place/object/tattoo and such)

  • You may make humanoids and/or furry forms to the adoptable, but please note that if you gave your design other forms and plan on resell/trade/gift the adoptable, the other forms must go with it !

  • An adoptable's gender interpretation is up to the owner unless otherwise specified.

  • Examples of what you can change : hair color/length, eye color, clothing/accessories, body shape, adding things like scars/tattoos/piercings, remove/exaggerate or add features etc.

  • You may not alter an adoptable character as to whitewash it, make it thinner, remove disabilities, making a transgender character cisgender etc...

  • You may not use any of my art or adoptable in support of hateful images or ideas.

  • You may not turn any of my designs into a closed specie (CS) as in you cannot make them a special species for yourself, nor can convert them into an existing closed species.

  • For outfit/place/objects/tattoo etc... adopts : if you change the colors, you may not change the structure / if you change the structure you may not change the colors.

⟡ PAYMENT PROCESS :

  • No refunds. All sales are final.

  • Payment through paypal in Euros or USD

  • You are responsible for making currency conversions.

  • Payment will always be upfront.

  • Please make sure to have the funds BEFORE offering/claiming an adoptable.

  • You must reply within 24 hours after offering/claiming an adoptable.

  • Payment should be made within 24 hours of the invoice being sent.

  • Failure to pay will result in the adopt/custom being relisted and you will be blacklisted.

  • Once full payment is received, you will get the adoptable.

⟡ PAYMENT PLANS :

  • Payment plans may be made for any offers over 150 Euros / USD

  • An upfront payment of 25% will be requested or can be discussed depending on the adoptable's worth.

  • The upfront payment will not be refunded if you backout. (to prevent abuse)

  • Payment plans can go towards 2 months maximum. This timeframe can be discussed depending on the adoptable's worth and prior discussion with me.

  • There is an exception to the no refund, and that is if within the alloted time you inform me that you are unable to complete the payment.

⟡ HOLDS :

  • Holds for adopts can be done only with a non-refundable upfront payment.

  • 50% will be requested or can be discussed depending on the adoptable's worth.

  • There is an exception to the no refund, and that is if within the alloted time you inform me that you are unable to complete the payment.

⟡ AUCTIONS/OFFER TO ADOPT (OTA) RULES :

  • Please reply to one another so people know when there's a higher offer.

  • Retracting your bid will result in being blacklisted.

  • Auctions/OTAs will end at a set date and the highest offer must pay upfront within 24 hours of the invoice being sent.

  • If there has been a backout of an offer/bid, the second highest offer/bid will be contacted for payment, this is still due within 24 hours of the invoice being sent.

⟡ RESELLING, TRADING, GIFTING :

Reselling, trading or gifting an adoptable is authorized under these conditions :

  • You still must credit me as the creator of the adoptable.

  • You must notify me of the new owner if an adoptable have been sold/traded/gifted on any social media other than toyhou.se so I can keep in track my designs, avoid confusion and/or theft in the future.

  • You must link the buyer back to these terms of service.

  • You may not impose additional rules onto the design, the only rules anyone is obligated to follow are my own.

  • You may not resell/trade/gift my adoptables with blacklisted users (list below), this will result in you being blacklisted aswell.

  • You may not resell an adoptable for more than you originally purchased them for, unless it comes with extra art you have commissioned/purchased.

  • You may resell a character you have gotten from a trade/gift but the same circumstances still stand as stated above, which means you may sold it for the price of the extra art purchased and no more.

  • Artworks of an adoptable gained in trades/gift does not count towards the design's worth.

⟡ BLACKLIST :

These people are banned from owning any designs/adopts I made.
Do not trade/resell/gift to any of these people on this list.
Do NOT go after them/witch hunt as I will also block and blacklist you to if you try to cause any drama.

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character title


  NAME.  name
  ALIASES.  titles, nicknames, etc.
  AGE.  age
  SPECIES.  species
  BIRTHDAY.  birthday
  GENDER.  gender (pronouns)
  ORIENTATION.  romantic / sexual
  LOCATION.  where are they?
  OCCUPATON.  what do they do?
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&

ooh look a cool quote can go here! feel free to make it whatever you think would fit your character! it can be as long as you'd like too.


personality

  MBTI.  mbti
  TEMPERMENT.  temperment
  ALIGNMENT.  alignment
  LIKES.  like, like, like, like
  DISLIKES.  dislike, dislike, dislike
  HOBBIES.  hobby, hobby, hobby

apperance

  HEIGHT.  feet / cm
  HAIR.  hair description
  EYES.  eye description
  BODY TYPE.  body build + other details
  OTHER.  any other physical features of
note, you can write out more here
just make sure to break your lines
with \n to fit it

history & more

Write whatever you'd like here! History, personality blurbs, whatever you feel you'd like to introduce to the reader about your character that's importantLorem ipsum dolor sit amet, consectetur adipiscing elit. Curabitur vehicula est enim, et tempus nunc aliquet quis. Donec sed lectus nulla. Aenean accumsan, lorem quis semper egestas, tortor diam pharetra ligula, vel tincidunt elit arcu in neque. Phasellus sit amet consectetur odio. Praesent ex lectus, semper quis augue ut, malesuada tincidunt magna. In gravida tortor vitae sem convallis faucibus. Aliquam cursus turpis sapien, eleifend feugiat metus tempor nec. Fusce urna nunc, porttitor at mattis et, pretium vel tortor.Proin tincidunt consequat lacinia. Proin in aliquet quam. Vestibulum vehicula elit ac malesuada faucibus. Morbi in erat vel velit venenatis finibus quis feugiat orci. Sed imperdiet enim ut erat maximus, non pulvinar felis mollis. Maecenas accumsan rutrum ex, aliquam commodo leo faucibus at. Cras varius erat eget elit dapibus, suscipit fringilla erat egestas.Donec vitae enim est. Sed eget diam ligula. Morbi aliquam vulputate nunc et vehicula. Integer sed cursus ipsum. Proin quis quam non diam congue elementum ac id urna. Morbi semper erat at condimentum dignissim. Phasellus ultrices et mauris ac auctor.Sed eget sapien nunc. Mauris risus nunc, auctor vel turpis ac, vestibulum eleifend nulla. Donec vestibulum sagittis hendrerit. Pellentesque feugiat massa urna, sed molestie erat feugiat ac. Sed pretium molestie tellus, quis pellentesque arcu tincidunt at. Ut mollis lacus at laoreet sagittis. Duis et lorem eu ante maximus semper.You can even add a little trivia blurb area like this: TRIVIA. 

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  • Lorem ipsum dolor sit amet, consectetur adipiscing elit.

  • Curabitur vehicula est enim, et tempus nunc aliquet quis.

  • Donec sed lectus nulla.

  • Aenean accumsan, lorem quis semper egestas, tortor diam pharetra ligula, vel tincidunt elit arcu in neque.

verses


 VERSE NAME.  — verse tag
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 VERSE NAME.  — verse tag
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 VERSE NAME.  — verse tag
Donec vitae enim est. Sed eget diam ligula. Morbi aliquam vulputate nunc et vehicula. Integer sed cursus ipsum. Proin quis quam non diam congue elementum ac id urna. Morbi semper erat at condimentum dignissim. Phasellus ultrices et mauris ac auctor.