Adoptable terms of service
By purchasing an adoptable from me, you confirm you understand and agree to these Terms of Service
Terminology
You are the buyer/client. I am Demitsorou, the artist. Artwork/adopt/design is the character purchased. These terms of use make a difference between "personal use" and "commercial use". Those terms are defined as:
Personal use:
Displaying the purchased design online, in places of free accessCreating stories, art and personalities for the characterCommissioning artwork of the characterPrinting it for yourselfNon-profitable
Commercial use:
Displaying the artwork in places of paid accessUsing the artwork as a mascot, for merchandise, or as a logoUsing the character as an official character in games and paid comicsPrinting, publishing, redistributingProfitable
When you buy a design from me, you buy it for your own personal use. You are given some displaying, sharing and editing rights over the finished artwork. Your rights over the character are limited and will be explained through this document.
The purchased designs are not allowed to be minted/sold as NFT (Non-Fungible Tokens).
For commercial use designs, a contract will need to be made. Contract must include things such as intended use, period said artwork and/or character will be used, agreement with my terms of service, deadline, values negotiated, etc. Please keep in mind that designs for commercial use have completely different price from personal use adopts since you will be buying rights upon the artwork and/or character.
PAyment and Availablity
Payments are done exclusively in USD, 100% upfront, and through PayPal invoice.
Adoptables' pricing varies based on time spent doing them, level of rendering, amount of detail, and additional content. Adoptables are posted to my Twitter, ToyHouse and FurAffinity. DM me or send me a note to claim them.
Upon purchase, I will send you the high res files through email. Transparent version is provided upon request.
MY RIGHTS
I keep all the rights over the design artwork I've made. This includes, but is not limited to:
Distributing my artwork on galleries, portfolios, printing on art books, using it as price samplesUsing it for self-promotionReproducing the design in altered form for my own needs or to create more adoptsI won't sell a character I've already sold to someone else
YOUR RIGHTS
Regarding the original artwork:
You cannot publish, make merchandise of, nor mass print the artwork or alterations of it for profitYou can print it, keeping it as a physical copy for yourself, but it must not be submitted to mass printing sitesThe artwork cannot be used in commercial or non-commercial projects/organizationsYou can share the artwork anywhere you want, with the exceptions of places where one would need to pay to view it (i.e. a paid tier of your patreon)You cannot edit, crop, or alter the artworkYou must always credit me as the artist of the picture and creator of the design wherever you display it. You can do so by leaving a link to one of my sites near/as the picture, or by stating my business name (Demitsorou) as the creator on a line next to it.You cannot claim the artwork as made by you.
Regarding the character:
You can use the character for personal use, such as drawing, creating stories, using as an avatar/icon, roleplaying, etc.You can make changes to the character (details outlined below)You can transfer the character to someone else (details outlined below)You can use the character in personal, free projects, however profitable projects will need a contract (details outlined below)You agree to never use the characters to advocate for hate speech or depict abuse
one-off adoptables
One-off adoptable is any adoptable that has undefined or fantasy/folklorical/mythological species, was sold through themed adopt batch, and is not specified to be a Closed Species adoptable. One-off adoptables have these limited rights on them:
You cannot buy an adoptable with the intention to re-sell it for a higher price immediately.You cannot make an NFT out of the original artwork or the adopt itself, and sell it for cryptocurrency. Doing this immediately revokes any rights to the adopt, and I am allowed to resell it.You may not use the adoptable in illegal, offensive, hateful, or harmful content.You can resell, gift or trade the character. When transferring the character to a new owner, you must let them know of my adoptable TOSYou cannot resell the character for more than the original price you purchased it for, unless you have commissioned more artwork. Please do not exceed the price by more than 150% of additional cost (i.e., you paid 100, and can sell it for no more than 250 if you got any art of them commissioned).Your own art/stories regarding the character may add up to 100% of additional cost (does not add to the commissioned art, meaning the total limit is +150% cost increase from the original, regardless of amount of commissioned or self-created works)You can create your own species out of the purchased design, for personal use only.You can assign any gender and pronouns to the adoptableYou can make changes to the design, such as anatomy, colors, features, etc. provided you do not alter the design to the point it is no longer recognizable as the one you have purchased.Exceptions to the above: You may not alter the adoptable as to whitewash it, make it thinner, remove disabilities, or change its gender for fetishization purposes.You can sell prints of your artwork featuring the character. You must give me credits for the character creation. If you feature more than 500$, I ask for 10% of incoming profits.
Closed species adoptables
Closed species adoptable is any adoptable that has strictly defined, named original species, existing within their own universe and possessing specific traits pertaining to the closed species. Closed species adoptables have these limited rights on them:
You can trade, gift, or resell them. Specific rules for each species are outlined on their Toyhouse page.You cannot use the character for branding.Your artwork of the character cannot be printed and sold.All alterations must follow trait and lore limitationsYou cannot buy an adoptable with the intention to re-sell it for a higher price immediately.You cannot make an NFT out of the original artwork or the adopt itself, and sell it for cryptocurrency. Doing this immediately revokes any rights to the adopt, and I am allowed to resell it.You may not use the adoptable in illegal, offensive, hateful, or harmful content.You may not alter the adoptable as to whitewash it, make it thinner, remove disabilities, or change its gender for fetishization purposes.
using the character in comics or games
You are allowed to upload the character as an avatar or make avatars of it in games
Using the character as an official game character (such as an NPC or a playable character in a game by you) can’t be done without a contract.
Featuring the character in non-profit animations, comics or stories available for free online is fine.
Using the character in stories that will be printed in large scale can’t be done without a contract.
The need for a contract is to proof that you have permission to use this character in those situations, avoiding legal issues. If you happen to someday want to publish your stories with the character or use it for profit, please contact me first and we can organise this to be done legally. Keep in mind though that you'll need to buy extra rights upon the character/artwork for this to happen.
© Demitsorou. All rights reserved.