Adoptables Terms of Service by Railguns on DeviantArt (original) (raw)

By purchasing any design(s) (adoptables) or customs from myself, you are acknowledging that you have read, understand, and agree to the following:

♦ That you will not resell for a higher price than what you paid, unless commissions were bought of the character -- in which case, the amount you are selling it for must not exceed the price of the adoptable + the cost of all commissions purchased (unless the person you commissioned does not allow this).
♦ That you will not resell the character for cash/paypal transfer unless you bought it for cash/via paypal transfer
♦ That you will notify me before selling the character (which gives me the chance to purchase it back from you)
♦ That you will notify me telling me who the design was traded/sold/gifted to
♦ That you will not repost the image anywhere except for private sites (sta.sh, photobucket)
♦ That, when you repost privately, you will have my name on the sheet and file name, itself
♦ That you will not sell to anyone on my blacklist, and that selling, gifting, or trading a character to someone on my blacklist may get you placed on my blacklist
♦ That you will change anything specified; OR; not change anything specified during the time you own the character
♦ That you will pass on this TOS to anyone who you may resell, trade, or gift the design to
♦ That in the case of obtaining a design via trade, that you will only trade the design
♦ That I, the seller, have every right to not sell to you for any reason I so choose, however rare this may be
♦ That I, the seller, must and will be credited for the creation of the character design in

every

reference sheet you create,

as well as

the first drawn image of the character (if it is not a reference sheet).
♦ That you, the buyer, will never take credit for the character design
♦ That you, the buyer, will never use the design for commercial purposes
♦ That any problems or drama you may create on either the adoptable sheet itself, another piece of artwork, or anywhere else (even if it is on someone else's adoptables entirely) stains my view of you and I am less willing to sell to you in the future
♦ That any problems or drama you may create on my adoptables, art, offsite, or another user's page may get you blacklisted from my sales completely
♦ That names placed on my blacklist/no-sell list may be either temporary or permanent based on my discretion
♦ That you agree to follow any additional terms stated in the adoptable sheet's description
♦ The character is not yours to use until you have completed payment
♦ That you will pay where and how I tell you to pay regarding both points and paypal
♦ That if you order a custom, I will not copy, rip the palette, or otherwise gain "inspiration" from another design
♦ That if you are not specific enough when asking for a custom, whether initially or not, and it is not to your liking, that it is on you.
♦ That you may not use the art of the adoptable for anything besides a private reference for yourself (and to link to others as a reference until you make one yourself), unless you gain my explicit written permission beforehand
♦ That I, the seller, have an unpredictable schedule and so production amount may vary depending on said schedule

**PAYMENTS:**♦ Payment must be done either USD via paypal, or the points/commissions widget. Failure to complete payment in the way requested will result in me possibly refunding you and not completing the sale or commission AND/OR adding you to a blacklist, either temporarily or permanently.
♦ I will send you an invoice via Paypal. Only pay using that.
♦ I will work with payment plans, but you must ask ahead of time.
♦ I have every right to cancel the sale if payments are not made on a timely basis.
♦ You have 24 hours after I request payment in order to send it. Time extensions may or may not be available if you ask.
♦ Failure to pay will have you placed on my blacklist + any character made as a custom will be sold or auctioned off to another buyer.
♦ Once payment for a design has been made, there are strictly

NO REFUNDS

given out on request by the buyer.

CHARGEBACKS:

♦ If I receive a chargeback or dispute claim from the commissioner/buyer using paypal, the commissioner/buyer will be blacklisted from further transactions, will lose

ALL

rights the design/character, and will be named and shamed on areas of public interest (for example, Artists Beware).
♦ Legal action and dispute claims may also be filed depending on the severity.
♦ If I have points taken away because the points you paid with were obtained in an illegal manner, I retain the right to reclaim the design and resell/auction it off to another buyer.

Failure to do any of the above can and will result in me blacklisting you from any future sales.