I'm always promoting how important Terms of Services are but I don't even have one yet, so I thought I'd finally flesh one out! Basically, don't be a bad person, don't try and make $500 off of a character I sold you for $5, don't try and sell the commercial rights to Pixar (ahahaha secretly my dream), don't assign my name to any explicit NSFW content you make of the character (I love NSFW stuff but just in case xD), etc. Please make sure you're comfortable with the terms below before buying an adoptable character off of me!
This is all written up kind of formally, and is mainly for my own protection from problems I'll probably never run in to (but might) and partially for your protection, but I'm honestly pretty relaxed about stuff so don't be afraid to hit me up with a note if you want permission to opt out of certain parts of the terms or want permission for things like limited commercial rights c:
You're also more than welcome to use this as a template for your own terms of service!
Definitions for this TOS
Terms of ServiceAdoptable:
Partial rights to a one of a kind exclusive design by kopicaYou/user:
Person who has bought, traded for or otherwise bartered for an adoptable from kopica
or someone owning partial rights to an adoptable from kopicaClosed species:
A combination of anatomy and character traits in a creature design by kopica
that when combined do not currently exist in a living species and do not infringe on the copyright of other artists.
- 1. Any adoptable purchased by you is available for the your own personal use in any way that is not intended for profit or mass production.
- 2. Adoptable use for profit and/or mass production must have written evidence of consent, in form of a legally binding contract, by kopica.
- 3. Any adoptable obtained for less than or the equivalent of $5usd must not be resold for more than $5usd (or equivalent) unless significant additional investment has been made (eg art commission, personal art, etc). If no investment has been made, the adoptable must be sold for the same amount purchased and kopica must be given first priority if they wish to buy the adoptable back. You may trade or gift this adoptable without consulting kopica, but the new user must abide by the TOS.
- 4. Any adoptable purchased for more than $5usd and is not a closed species adoptable can be sold, traded and/or gifted without consulting kopica, but the new user must abide by the TOS.
- 5. Regardless of how much is spent on the adoptable, only partial rights are being bought and kopica retains the full commercial rights unless given away in contract.
- 6. Your rights after payment for the adoptable include the right to draw the character, post the character on other sites without credit to kopica, commission art of the character, print the character, and include the character in any personal use projects. You also have the right to resell, trade or gift those partial rights in any way that does not contradict the TOS.
- 7. After re-sale of an adoptable, the new owner must abide by these Terms of Service and it is your responsibility as the party selling the rights to make sure they agree to it. (This can be done by telling them "by sending payment you are agreeing to the TOS linked below").
- 8. Any production of explicit NSFW depictions of the adoptable by you or for you must not be directly credited or linked to kopica, but production of NSFW material is welcome and may be displayed alongside the original adoptable depiction by kopica.
- 9. To report misuse of an adoptable created by kopica, please note kopica with evidence.
- 10. Any original art of the adoptable by kopica must be credited to kopica when uploaded for public viewing, but additional art of the character by you or another party does not require designer credit.
- 11. Co-owning an adoptable among two (2) people is considered reasonable without express permission from kopica Co-owing among than two (2) people may require permission via note unless otherwise given by kopica.
- 12. You agree to not use the adoptable to intentionally promote homophobic, racist, or otherwise hateful messages.
- 13. These terms (and any terms below unless otherwise dated) apply to any adoptable purchased after August 13th, 2015.
- 14. kopica reserves the right to amend this TOS at their discretion, but updates will only apply to adoptables bought after the update is made (updates will be dated).
Additional TOS for closed species
The terms below apply to closed species adoptables, in addition to the terms above.
- 15. A closed species may be produced as one adoptable, or may be produced as multiple adoptables of the same closed species, but no two adoptables will be identical.
- 16. Closed species adoptables must be bought traded or gifted from kopica or another user who owns the partial rights and may not be created by a user unless MYO rights have been bought.
- 17. Closed species adoptables may come with a world, back story and community. You are not obligated to apply these after buying the adoptable, but lack of application may restrict your access to associated groups or events.
- 18. No design changes to the biological anatomy may be made to a closed species adoptable without express permission from kopica. Hair style, accessories, age and clothing may be changed without permission as long as the changes do not imitate another adoptable of the same species or otherwise infringe on copyright.
- 19. kopica must be notified of any ownership transfer of a closed species so any masterlists can be kept up to date.
On MYO (make your own) rights
- 20. MYO rights gives a user the right to create one character of a particular closed species as outlined in the MYO journal (if the MYO journal exists) and must be given by kopica. MYO adoptables must abide by all TOS listed here.
- 21. MYO rights can not be sold, traded or gifted without express permission from kopica, but the final MYO design can be sold, traded or gifted in any way that does not contradict the TOS.
If you have any questions or concerns feel free to comment below!