Design Terms of Service
This Terms of Service Agreement ("Agreement") is entered between the Artist and the Client for the use, purchase, and or commission of a Design/Adopt. By owning, purchasing and or commissioning Design/Adopt from the Artist, Client agrees to abide by the following terms. Breaching of any terms described will result in rejection and/or blacklist.Last updated: 19 Aug 2024.
Terms are subject to change without any prior notice.
Term | Definition |
---|---|
Design | Concept of a character, i.e. character design. Generally limited to only visual appearance. Comes in the form of artworks be it a full illustration or a reference sheet. |
Adopt | Premade design or character that is obtained either from the Artist or other means. |
Artwork | Visual representation of Design, separate from the Design itself. |
I. General
All Adopts will strictly be on toyhou.se ONLY. Should Client not have a toyhou.se account, Artist is able to provide code for account creation. Else, it is the Client's responsibility to notify Artist should there be any ownership changes.
Artist reserve the right to decline requests for any reason.
By obtaining Design from Artist, Client agrees that Artwork will be in the respective artist's styles such as, proportions, colours, and any other artistic choices. Artist can refuse any related revision requests.
Client may not trace, remove, edit or alter Artist's signature in any form from Artwork. It is not possible to obtain Artwork without a signature.
Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
Agreement date is upon first inquiry/communication or first transaction.
Usage of Work for AI (artificial intelligence) tools, platforms or programs; ML (machine learning) tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.
II. Bidding & offering
All auctions will only be held on toyhou.se. Auctions held on platforms other than toyhou.se is illegitimate and may be scams.
Reply to highest bidder. Private bids are allowed.
Deleting or editing bids without notifying Artist is prohibited and will put Client on blacklist.
Person doing payments should be the only one placing bids. Using another's money to bid is not allowed, neither is letting others use your money to bid.
Bidding in another's place is allowed only if person placing bid is paying.
When bidding, Client must make sure to have necessary funds beforehand.
Holds are only allowed for trusted Clients. I.e., Those who have good track record with previous purchases from Artist, regardless of Artwork, Designs or Adopts.
Holds should be mentioned in the initial offer. Holds will not be accepted after bid is closed, and will be considered "unable to complete payment".
If holds required, inform Artist of the estimated time. Else by default, holds will be for a maximum of 2 weeks (14 days).
If unable to complete payment without communications for more than 3 occasions, Client will be blacklisted and Design will be re-listed for offer. For Design auctions, design will go to the 2nd highest bidder.
Physical items will never be accepted as an offer.
If offering non-monetary items such as other designs or art, it is recommended to view wishlist / preference before proceeding.
III. Payment
All prices are in USD through Stripe(preferred), Paypal, Wise, or as methods provided by the Artist.
Payments are required to be completed upfront.
Payment plans allowed if bid goes over $250, timeframe negotiable. Else by default, A down payment of 50% is paid first and remaining must be paid off within 1 month (30 days) either in full or in increments.
Design will be reserved for Client during the payment plan timeframe.
Should Client back out of payment plans, Artist must be notified of this decision with valid reason. Any payments made up to this point is refundable except down payment.
Insufficient reason may result in a strike or blacklist.
Invoices, proposal or payment link will be sent to the Client when Artist is ready to accept offer. Clients must not send money before these requests for payment from the Artist.
Invoices must be paid within 48 hours, or transaction may be cancelled.
Once Design has been transferred or payments have been made, the Client acknowledges Work and deliverables are digital and there are no physically shipped goods to receive.
Client warrants they will not issue chargebacks.
There will be strictly no refunds for any reason unless Design is a commission, in which refund policy in Commission Terms of Service will be followed.
IV. Usage
The Artist retains copyright, ownership, redistribution and intellectual property rights of ARTWORK, which includes but is not limited to display, advertising, printing, the Artwork and work in progress on websites, social media, portfolios, public broadcast channels (i.e. Twitch) and more.
If Client requires NDA of Work, privatisation fee may incur.
Clients receive exclusive, non-transferable usage rights to the DESIGN for personal use.
Personal use: means display on social media accounts for promotional purposes with no direct monetization, such as profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels, excluding use in content of these websites or channels.
Client must not claim Design as their own and must credit Artist using their social tag/username/link at the instance of display of the Design or permanently on their websites, social media profiles, broadcast channels and so on.
Client must not edit or modify Artwork in any way without prior permission from the Artist. Design however can be modified, see section VII. Redesign for further details.
Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites or as agreed upon.
Commercial rights: means usage of Work on streams, videos and other content, or any monetized instances, or selling or reselling Artwork to another party, as a part of any product, or on another platform.
See section VI. Resell & Trade for details about reselling Design.
Additional charges will be required for commercial usage if not included, typically ~200% or more of the original cost.
Any commercial rights purchased by Client only applies to Design and not the Artwork. I.e., Client purchases commercial rights of Design and wants to sell merch of it. Original Artwork of Design CANNOT be used unless Artwork by Artist or other artist has the appropriate use license.
V. Ownership
Deleting the character toyhou.se profile is prohibited for logging purposes.
When transferring characters on toyhou.se, method and or value of trade must be listed in ownership logs.
Privating the character's toyhou.se profile is allowed, but be sure to authorise Artist to their profile.
Co-ownership is not allowed for any reason.
VI. Resell & trade
Resell and trading outside of toyhou.se is not allowed.
Do not resell at higher price than the Design was obtained at, unless additional art is commissioned.
Any Artworks of the Design regardless done by Artist or other artists is tied to the Design. By transferring ownership of Design, Artworks are also transferred.
Any alternate forms of the Design is tied to original Design. By transferring ownership of Design, alternate Designs are also transferred.
If additional art is obtained through non-monetary means, it is not counted towards the total worth.
If Adopt is obtained through non-monetary means, its starting USD worth will be $0.
If Adopt is obtained as a gift, it is non-tradeable unless additional art is added.
VII. Redesign
Design changes may be made as long as the original Artwork is intact. I.e., Editing Artwork is not allowed but Client can use Artwork as reference and create a new Design.
If using edited Design, Artist must still be credited for the original Design and any edits made by other artists should be credited accordingly as well.
Turning Adopts into other species/closed species is allowed.
It is Client's responsibility to notify Artist of any changes made to the Design beforehand.
If Client commissions Artist to make revisions to their own Design, a 20% discount is applicable.
VIII. Miscellaneous
Making twin characters of the intial Design is allowed.
Any twin characters made must be traded together with the initial Design. Keeping only one/separating the Designs is not allowed.