CHARACTER DESIGN ADOPTABLES AND COMMISSIONED DESIGNS

GENERAL TOS | ORIGINAL SPECIES TOS | ADOPTS TOS | PRICE GUIDE

By purchasing a particular design meant for full IP ownership for non-commercial use, you automatically agree to the following conditions. Please read this entirely and carefully. I will deny your request if I see you didn't read this. If there are any questions or concerns, you can message me on any of my galleries (weasyl, deviantart, furaffinty, tumlbr, instagram, toyhouse) or by email at kandikyttyart@gmail.com with the title “TOS Question”.

◆ Commercial would be using it in or for a business or directly/indirectly for financial gain. Basically for profit. Anything else would fall under non-commercial.

◆ Adoptables are purchased designs which you can use to make your own character. You may name the character and create a personality and background information for the character.

◆ Alterations to the design are allowed. However, these alterations are not to be made to the original art and are limited to minor details so that the character still maintains the main features of the adopt. You can talk to me for any major changes.

◆ The design and art must be credited to me when used.

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PAYMENT

◆ All payments should be in USD and made through PayPal.
◆ Payments less than $15 should be made like so:
Login to paypal.com ▸ send and request ▸ pay for goods or services ▸ enter my email and the amount and click next ▸ select your payment method, NO SHIPPING, and write your username and what you are paying for in the note box and click send ▸ done!
◆ I will use the invoice method for payments $15 and over.
◆ Payment is due in full up front before you own the design or I start your custom.
◆ At least a partial payment is required within three days of your request being accepted; failure to do so will result in your request for ownership of that particular design to be dropped. If you need more time, let me know.
◆ I do not give refunds on premade adoptables. For custom adopts/designs, once our negotiation is done and I start your commission, I won't refund you the full amount. This is negotiable depending on the state of the commission and the reason for retracting payment (past an agreed due date, personal financial troubles, etc.). Refunds asked after 3 months will only get a max of 70% return depending on the circumstances. In the event that you truly hate your custom (upon completion), I will refund 50% on custom adoptables with a base but only 25% for those with a custom base. These refunds are not negotiable. However, you may sell the character for the same price you purchased it with. If you made art, you may increase the price for your work and development of that character! You must link the buyer back to this TOS.

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ARTIST

By buying one of my adopts/customs, you're purchasing my labor and fulls right to a design for personal use. I retain all copyrights over my work, which include but are not limited to the right to distribute, reproduce or use the image as a sample for sale/self-promotion.

◆ You will own the intellectual property for personal use, and I will not reuse/resell the design for personal or commercial projects.
◆ I reserve the right to reject your custom proposal without question.
◆ I reserve the right to resell and modify any rejected/refunded designs to be sold at a later date.

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COMMISSIONER

◆ The commissioner may upload the work done for you to your site as long as it is credited to me and linked back to any of my galleries (weasyl, deviantart, furaffinity, tumblr, instagram, toyhouse).
◆ You may use it for any personal use that you please, including but not limited to icons, signatures, layouts, wallpapers, themes, and personal site display. HOWEVER, the piece may not be edited in any way other than cropping and must retain my signature whenever possible.
◆ You may not claim the work as your own or set it up for redistribution. You may not use it for any external projects, commercial or non-commercial, unless royalties are agreed upon.
◆ You retain all rights to the IP for non-commercial use. You may use the character/design for non-commercial projects (rp, drawing, free comics, ect.). You may not make a profit with the character/design in any way other than reselling it (plus any art and/or development). If you are unsure if your request/use is non-commercial or not, feel free to ask! If you decide, at a later date, that you would like to use the character/design for commercial purposes, you can always come talk to me about royalty fees.
◆ You may change the character/design qualities to your liking.
◆ You may trade the character for other designs. You must link the new owner back to this TOS.
◆ You may sell the character for the same price you purchased it with. If you made art, you may increase the price for your work and development of that character! You must link the buyer back to this TOS. (This is the only instance you may make a profit off of the character/design).

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PROCEDURE

◆ After payment is received, I will send you a custom form or give you the full sized image of the already designed character/species.
◆You have two options for customs: a detailed form or five to ten word description. For the form, please fill it out entirely and provide as many visual references and detailed descriptions as you can. For the word description, make sure you choose them carefully and don't choose this option if you have something particular and defined in mind.
◆ The finished design may be sent to the commissioner via email and/or uploaded to one of my galleries for the commissioner to save. It is up to the commissioner to make sure they have a saved file of their design. I prefer email so that a copy is regularly obtainable as I reserve the right to remove any uploaded work at any time without notice.
◆ For customs, you may request minor tweaks if I missed any distinguishing features present in your references/descriptions. I reserve the right to add a $5+ fee for any edits not present in your references/descriptions. Anything that needs to be fixed on “my mistake”, on your references and I missed it, will always be fixed for free.

This document can and will be edited at any time without the need of further notice.
Last edited: 07/27/2014
Feel free to copy/edit and use this TOS!