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Adoptable Terms and Conditions (sample certificate) readdesc
My adoptable terms and conditions! give it a read if you're interested in adopting ^u^!
anyone who purchases an adoptable will get one of these certificates filled out! they're cute, but also informative! ^o^
this is a sample version that i wanted to post publicly so everyone can see the terms and conditions whenever they'd like to, plus the comments can act as an faq in case anyone has questions!
please let me know if you have any questions, i'd be more than happy to answer them ^U^
**update!**
i see in the comments that there is a bit on confusion around surrendering, so i wanted to make some clarifications here to hopefully answer any questions you may have!
Surrendering is a penalty put in place to protect my rights as the original designer of the adoptable characters. Those who purchase an adoptable are receiving non-commercial rights to the character and are agreeing to the rules laid out in this document. they are agreeing to use their character responsibly and follow the rules. some ways that a person might use their character would break the rules and violate the above agreement, and thus as a penalty for breaking those rules, their rights to continue using the character would be revoked. as written in the terms and conditions, these are the things which would be considered breaking the rules and result in a surrender:
1. Monetizing the character. this means to profit off the character. an example of this would be to put a picture of the character behind a paywall and charge people money to look at the picture. another example could be to sell a key chain of the character.
2. Reselling. this means to exchange the character for currency. an example of this would be selling the character to someone else in exchange for USD, or bitcoin.
3. Trading. this means to exchange your character for an object (physical or digital) or a favour. an example of this would be to trade your character in exchange for another character. another example could be trading your character in exchange for something like a pair of headphones, or someone offering to do your laundry for you.
4. Use in Prohibited Content. This means to depict your character in any illegal or hateful way. an example of this would be to use your character to harass, threaten or bully another person or group of people, or exploit vulnerable people.
If you never monetize, resell, trade, or draw your character doing something illegal or hateful, then you have nothing to worry about and will never face a penalty at all!
If you would like to use your character for monetization purposes, let me know and we can figure out a price for a commercial license! a commercial license would give you full copyright ownership of your character, and you would own them completely and be able to do whatever you'd like with them, including profit off them (such as, sell key chains of them)! with full copyright ownership your rights will never be surrendered, as you will have full and complete ownership of your adoptable!
Hopefully this helps to clear things up! thank you guys so much for reading!
anyone who purchases an adoptable will get one of these certificates filled out! they're cute, but also informative! ^o^
this is a sample version that i wanted to post publicly so everyone can see the terms and conditions whenever they'd like to, plus the comments can act as an faq in case anyone has questions!
please let me know if you have any questions, i'd be more than happy to answer them ^U^
**update!**
i see in the comments that there is a bit on confusion around surrendering, so i wanted to make some clarifications here to hopefully answer any questions you may have!
Surrendering is a penalty put in place to protect my rights as the original designer of the adoptable characters. Those who purchase an adoptable are receiving non-commercial rights to the character and are agreeing to the rules laid out in this document. they are agreeing to use their character responsibly and follow the rules. some ways that a person might use their character would break the rules and violate the above agreement, and thus as a penalty for breaking those rules, their rights to continue using the character would be revoked. as written in the terms and conditions, these are the things which would be considered breaking the rules and result in a surrender:
1. Monetizing the character. this means to profit off the character. an example of this would be to put a picture of the character behind a paywall and charge people money to look at the picture. another example could be to sell a key chain of the character.
2. Reselling. this means to exchange the character for currency. an example of this would be selling the character to someone else in exchange for USD, or bitcoin.
3. Trading. this means to exchange your character for an object (physical or digital) or a favour. an example of this would be to trade your character in exchange for another character. another example could be trading your character in exchange for something like a pair of headphones, or someone offering to do your laundry for you.
4. Use in Prohibited Content. This means to depict your character in any illegal or hateful way. an example of this would be to use your character to harass, threaten or bully another person or group of people, or exploit vulnerable people.
If you never monetize, resell, trade, or draw your character doing something illegal or hateful, then you have nothing to worry about and will never face a penalty at all!
If you would like to use your character for monetization purposes, let me know and we can figure out a price for a commercial license! a commercial license would give you full copyright ownership of your character, and you would own them completely and be able to do whatever you'd like with them, including profit off them (such as, sell key chains of them)! with full copyright ownership your rights will never be surrendered, as you will have full and complete ownership of your adoptable!
Hopefully this helps to clear things up! thank you guys so much for reading!
Category Adoptables / All
Species Unspecified / Any
Size 1687 x 2184px
File Size 883.7 kB
Listed in Folders
Im curious how you think youd be able to stop people what doing anything they want with their character?
Or how you think your going to make them "surrender " the character without refund. Sounds more like Scam attempt. " you paid for ownership of this design, but i dont like what your doing therefore im taking it back and keeping your money"
Or how you think your going to make them "surrender " the character without refund. Sounds more like Scam attempt. " you paid for ownership of this design, but i dont like what your doing therefore im taking it back and keeping your money"
as stated in the above agreement, the purchaser is purchasing noncommercial rights to use the design, not full copyright. unless (again, as written in the agreement) they let me know that they'd prefer to negotiate a different type of deal. if someone purchases the full copyright of their character then they are completely free to do with the character whatever they see fit, at that point it would no longer be up to me. the standard, non-commercial license however still permits me (original designer) rights to the design.
In most cases it is true that i cannot truly stop someone from misusing the character or violating on the agreed upon license. I cannot enforce rules if i do not know they are broken. however, if it does come to my attention that a violation has occurred, i have a way to protect my rights, and surrendering is this protection. surrender would be automatic if i discovered a violation of the terms and requires no input from the person who violated the agreed upon terms. this would not occur through any means not explicitly detailed in this agreement, as the list of acceptable and non-acceptable uses are listed in detail above.
purchasing an adoptable would mean the purchaser has agreed to these rules, which they would receive a personal copy of, and are publicly displayed here for ease of access. any person, of course, is free to not purchase an adoptable if they do not agree with the listed terms and conditions.
In most cases it is true that i cannot truly stop someone from misusing the character or violating on the agreed upon license. I cannot enforce rules if i do not know they are broken. however, if it does come to my attention that a violation has occurred, i have a way to protect my rights, and surrendering is this protection. surrender would be automatic if i discovered a violation of the terms and requires no input from the person who violated the agreed upon terms. this would not occur through any means not explicitly detailed in this agreement, as the list of acceptable and non-acceptable uses are listed in detail above.
purchasing an adoptable would mean the purchaser has agreed to these rules, which they would receive a personal copy of, and are publicly displayed here for ease of access. any person, of course, is free to not purchase an adoptable if they do not agree with the listed terms and conditions.
This kind of contradicts itself, and feels misleading
General understanding when purchasing adopts is ownership of said character, maybe not the specific art which is artist can claim as their work. But the character itself , the artist has no say over.
It even says so in your own writting "when purchasing you become the sole owner" which mean you are the creator have given up any right to say what happens.
Then to say that some one is "Purchasing" the character, when really they are leasing the character design with no guarantee of ownership is misleading.
You might as well just just drawing other people characters, without them knowing, selling said art as an "adoptable"
General understanding when purchasing adopts is ownership of said character, maybe not the specific art which is artist can claim as their work. But the character itself , the artist has no say over.
It even says so in your own writting "when purchasing you become the sole owner" which mean you are the creator have given up any right to say what happens.
Then to say that some one is "Purchasing" the character, when really they are leasing the character design with no guarantee of ownership is misleading.
You might as well just just drawing other people characters, without them knowing, selling said art as an "adoptable"
The agreement is laid out clear on what kind of license the adopter is receiving, though i understand your confusion on 'sole owner'. the document states clearly that with your purchase you are receiving a non-commercial licence to use the character and thus you are the sole owner of that license, not the sole owner of the character. the above agreement lays out exactly what the potential buyer would be receiving fully and clearly. it also clearly states (under ownership and usage rights) that if the buyer would like to own the character fully (like you have mentioned), they need only ask me and i will provide that to them.
What other artists do with their own license agreements is not up to me, and not something i have control over, thus what they do does not affect me or my agreement, or any potential buyer who agrees to that agreement. I will only hold myself and the buyer to the agreement I have written and posted publicly here. In my personal experience scammers tend to try and conceal their terms in order to trick or take advantage of people, or do not specify in detail what their agreements are. For the buyer's, and any interested person's peace of mind, I have posted my agreement in clear terms publicly so it is available to read at any time. should anyone have questions, they are free to ask them. they are also free to read these comments which clarify the terms further.
I've also added a clarification section to the description of this post to explain in detail, with examples, how surrendering works and what is acceptable and non-acceptable in terms of using the character, and how to obtain full copyright ownership of a character. give it a read if you're interested in knowing more on those subjects!
and of course as stated in my last reply, if anyone who reads my publicly posted terms and conditions finds them unfair, then they are, of course, more than welcome not to enter an agreement with me.
What other artists do with their own license agreements is not up to me, and not something i have control over, thus what they do does not affect me or my agreement, or any potential buyer who agrees to that agreement. I will only hold myself and the buyer to the agreement I have written and posted publicly here. In my personal experience scammers tend to try and conceal their terms in order to trick or take advantage of people, or do not specify in detail what their agreements are. For the buyer's, and any interested person's peace of mind, I have posted my agreement in clear terms publicly so it is available to read at any time. should anyone have questions, they are free to ask them. they are also free to read these comments which clarify the terms further.
I've also added a clarification section to the description of this post to explain in detail, with examples, how surrendering works and what is acceptable and non-acceptable in terms of using the character, and how to obtain full copyright ownership of a character. give it a read if you're interested in knowing more on those subjects!
and of course as stated in my last reply, if anyone who reads my publicly posted terms and conditions finds them unfair, then they are, of course, more than welcome not to enter an agreement with me.
What you are attempting here is artistic licensing, not running an adopt.
When people BUY their characters, they want to OWN their characters and have full control over them.
To run an analogy, lets imagine you need a specific wrench so you go to the department store and pay up for the wrench.
You use it for a few projects, then it just sits around collecting dust. You don't need it anymore, but you find out your neighbor is in need of such a wrench.
You talk about a trade - maybe their spanner for your wrench, since they don't use it anymore - or just offer to sell it to them at a reduced price.
As the transaction happens, the store you bought it from comes along, bonks you on the head with 'no, you're not allowed to do that' and then takes the wrench back, and puts it back on their shelf to sell.
Sorry Octo, I'll always support your artwork - you draw amazing stuff - but this isn't how adopts work. If these conditions were for 'art licensing' and not 'character adopts' then they'd make sense.
When people BUY their characters, they want to OWN their characters and have full control over them.
To run an analogy, lets imagine you need a specific wrench so you go to the department store and pay up for the wrench.
You use it for a few projects, then it just sits around collecting dust. You don't need it anymore, but you find out your neighbor is in need of such a wrench.
You talk about a trade - maybe their spanner for your wrench, since they don't use it anymore - or just offer to sell it to them at a reduced price.
As the transaction happens, the store you bought it from comes along, bonks you on the head with 'no, you're not allowed to do that' and then takes the wrench back, and puts it back on their shelf to sell.
Sorry Octo, I'll always support your artwork - you draw amazing stuff - but this isn't how adopts work. If these conditions were for 'art licensing' and not 'character adopts' then they'd make sense.
As stated above, buyers can indeed purchase full rights to their characters.
quote from certificate: "if you would like to use your adoptable for monetized purposes, a commercial license cost can be negotiated upon request."
quote from my first reply: "unless (again, as written in the agreement) they let me know that they'd prefer to negotiate a different type of deal. if someone purchases the full copyright of their character then they are completely free to do with the character whatever they see fit, at that point it would no longer be up to me."
quote from my second reply: "it also clearly states (under ownership and usage rights) that if the buyer would like to own the character fully (like you have mentioned), they need only ask me and i will provide that to them."
quote from this post's updated description: "If you would like to use your character for monetization purposes, let me know and we can figure out a price for a commercial license! a commercial license would give you full copyright ownership of your character, and you would own them completely and be able to do whatever you'd like with them, including profit off them (such as, sell key chains of them)! with full copyright ownership your rights will never be surrendered, as you will have full and complete ownership of your adoptable!"
unfortunately i am not selling wrenches, I am selling a license to use a character design, something that i have created. something which i have made, unlike a wrench, which is produced in a factory and sold to a store to sell. something which, also unlike a wrench, can unfortunately be taken advantage of in several unique ways. because they can be wrongfully used i had to specify what the license is in order to protect my own rights. your analogy would have been slightly more applicable to this situation if the person had purchased a sort of patent to produce more wrenches. also in your example, the person did not agree to anything before. unlike with my agreement, where a person would knowingly be agreeing to something ahead of time, thus any violation of the rules would be made while knowing that it is a violation.
so long as a person does not resell, trade, monetize or use the character in illegal or hateful content, they will never have their licence revoked. if a person wishes to resell, trade, monetize, or create hateful content, then they are more then welcome not to participate.
I do genuinely appreciate your support and I'm sorry If this has been a bit confusing.
quote from certificate: "if you would like to use your adoptable for monetized purposes, a commercial license cost can be negotiated upon request."
quote from my first reply: "unless (again, as written in the agreement) they let me know that they'd prefer to negotiate a different type of deal. if someone purchases the full copyright of their character then they are completely free to do with the character whatever they see fit, at that point it would no longer be up to me."
quote from my second reply: "it also clearly states (under ownership and usage rights) that if the buyer would like to own the character fully (like you have mentioned), they need only ask me and i will provide that to them."
quote from this post's updated description: "If you would like to use your character for monetization purposes, let me know and we can figure out a price for a commercial license! a commercial license would give you full copyright ownership of your character, and you would own them completely and be able to do whatever you'd like with them, including profit off them (such as, sell key chains of them)! with full copyright ownership your rights will never be surrendered, as you will have full and complete ownership of your adoptable!"
unfortunately i am not selling wrenches, I am selling a license to use a character design, something that i have created. something which i have made, unlike a wrench, which is produced in a factory and sold to a store to sell. something which, also unlike a wrench, can unfortunately be taken advantage of in several unique ways. because they can be wrongfully used i had to specify what the license is in order to protect my own rights. your analogy would have been slightly more applicable to this situation if the person had purchased a sort of patent to produce more wrenches. also in your example, the person did not agree to anything before. unlike with my agreement, where a person would knowingly be agreeing to something ahead of time, thus any violation of the rules would be made while knowing that it is a violation.
so long as a person does not resell, trade, monetize or use the character in illegal or hateful content, they will never have their licence revoked. if a person wishes to resell, trade, monetize, or create hateful content, then they are more then welcome not to participate.
I do genuinely appreciate your support and I'm sorry If this has been a bit confusing.
Contracts can be any stipulation if it isn't illegal. Voiding if reselling for profit is absolutely allowed.
Also in regards to your analogy...im so sorry but John Deere is my counterpoint because it's literally that.
In regards to why Octo specifically is doing this, it's just to cover their ass because of those old deviantart adoptable dramas. This would prevent someone from like recoloring the adoptable and keep reselling it. Hope that makes sense!
Also in regards to your analogy...im so sorry but John Deere is my counterpoint because it's literally that.
In regards to why Octo specifically is doing this, it's just to cover their ass because of those old deviantart adoptable dramas. This would prevent someone from like recoloring the adoptable and keep reselling it. Hope that makes sense!
hey after looking at my first reply to you i realize now that it might've come off rude which wasn't my intention.
I've been witness to a lot of instances of other artists doing adoptables and getting in legal trouble or drama by not being specific enough on their agreements, not having things in writing. things like people reselling an adoptable then trying to charge back the artist, or someone trading away an adoptable that they change their mind on and want returned but end up with no way to get them back. I've even seen people's designs get used to bully others and that's what i wanted to avoid with an agreement like this. you don't have to agree to my terms if you don't want to, but i'd written my terms in order to protect myself and possible buyers from the abuse that i've seen with other adoptables. I hope you understand and I'm sorry if i came off a bit rude.
I've been witness to a lot of instances of other artists doing adoptables and getting in legal trouble or drama by not being specific enough on their agreements, not having things in writing. things like people reselling an adoptable then trying to charge back the artist, or someone trading away an adoptable that they change their mind on and want returned but end up with no way to get them back. I've even seen people's designs get used to bully others and that's what i wanted to avoid with an agreement like this. you don't have to agree to my terms if you don't want to, but i'd written my terms in order to protect myself and possible buyers from the abuse that i've seen with other adoptables. I hope you understand and I'm sorry if i came off a bit rude.
All good, not rude at all. It's good to have genuine conversation and clear up confusion or mistakes on either side of the party. Rude would have been blocking me just for providing an argument addressing concerns - which I've gotten from other artists in the past.
Cleared up the issues I personally had, and while I still think this falls under 'character licensing' than 'character adopt', it is your call ultimately.
Cleared up the issues I personally had, and while I still think this falls under 'character licensing' than 'character adopt', it is your call ultimately.
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