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min-kin — TERMS OF SERVICE
Published: 2015-02-08 23:06:04 +0000 UTC; Views: 5441; Favourites: 9; Downloads: 0
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Description Last Edited: November 18th, 2017



Terms of Service - Minkin / Vestibules
By purchasing, obtaining, or owning any Closed Species by edelilah or SA1B0T you are automatically agreeing to this contract. If the contract is broken or if these rules have not been read we have the right to refuse service to you. Please read over everything carefully but do not be afraid to ask questions.

 Adoptables are purchased designs which you can use to make your own character. You may name the character, create a personality and background information for the character as well as make minor design changes. However you may not edit/alter the original art for the design, or guidelines of the species you have purchased in any way. 

 Alterations to the design are allowed with approval however these alterations are not to be made to the original art and are limited to minor details so that the character still maintains the main features of the original design. All design changes must be PMed to min-kin  for approval before being publicly displayed.

 The design must be credited to the original artist the first time it is used. The original art for the design must be credited to the original artist the every time it is used. If you are planning to trade with a user who has not owned a Closed Species design by edelilah or SA1B0T before, please link them to the Terms of Service so they are aware of what to do.


Intellectual Propery & Adoptable Ownership
 By buying an adoptable by us you’re purchasing our labor and only a partial right to a design. We retain all copyrights over our work, which include but are not limited to the right to distribute, reproduce or use the image as a sample for sales/ self-promotion.
  • We claim all rights to the Intellectual Property, but we will not reuse/ resell the design again for personal and commercial projects.
  • We reserve the right to reject your custom proposal without question.
  • We reserve the right to modify and resell any rejected/ refunded designs to be sold at a later date. This includes custom designs.
  • We reserve the right to blacklist and ban anyone from owning any of our adoptables.


 The commissioner may upload the original artwork to your site(s) as long as it is credited and linked back to any of our galleries. You may use it for any personal use that you please, including but not limited to icons, signatures, layouts, wallpapers, themes and personal site display. 

  • You retain partial rights to the IP. You own the particular qualities of that character that exists in the world created for them. 
  • You may not claim the work or the IP to be your own or redistribute it. You may not use the design for any commercial projects.
  • Only our TOS applies to our Closed Species, and cannot be overwritten by somebody else.
  • You may change the character's qualities and design with approval as long as the fit under the guidelines of that particular species.
  • You may trade the character for other designs. 
  • Co-owning our species is strictly forbidden.
  • All information regarding Selling and Trading can be found here: TRADE RULES
  • All ownership changes must be alerted to us via notes.

Purchase & Payment Procedure
 All payment is to be in USD.
  • All payment should be made through PayPal, via invoice method. We will invoice you. Do not send us any money directly because we will refund you.
  • Payment is required immediately after your request has been accepted; failure to do so will result in your request for ownership of that particular design to be dropped and put back up for sale.


 We will not sell to accounts that are less than 2 months old.

 Regarding Refunds

  • If you bought your adoptable at auction / via flatsale you will be allowed to resell it, please visit the TRADE RULES  page for more information. We will not refund premade adoptables purchased at auction / via flatsale.
  • We will refund undesigned Make-Your-Own adoptables upon request.
  • We will refund illegitimate purchases or banishment / blacklistings on a case by case basis.
  • We will refund Custom adoptables that are not yet designed.
  • Refunds regarding Payment Plans will be available in the document linked below.


 If you would like to do a Payment Plan, those Terms can be found here: PAYMENT PLAN INFORMATION

 We have the right to refuse service if we feel uncomfortable selling to you. This includes instances of refusing to use Invoicing, suspicious behavior, blacklists referrals, history of prolonged payment or chargebacks, etc.

 We will have to refuse service to you if you are under the age of 18.

  • As of September 29th, 2016, PayPal has discontinued Student Accounts . This means that because of PayPal's own Terms of Service , we will no longer be allowed to take payments from users under the age of 18 until they implement features for minors to use again.
  • We will not sell to minors regardless of parental permission or involvement.
  • If you are not in a position to comply with those rules, you are still allowed to obtain Closed Species/ Minkin/ Vestibules by SA1B0T & edelilah through trades, gifts, raffles, or purchases from other users. We just cannot personally take money from you, we're very sorry for any inconvenience! 
  • If you are buying digital goods from us and have lied about being under the age of 18 after the date of September 29th, 2016, we reserve the right to refund you and issue banishment.

Custom Adoptable Procedure
Custom Adoptables can be either bought or traded for from either edelilah or SA1B0T . This is an adoptable made to your specifications that is also drawn by the creators. 

 You will be given both a written and visual form to fill out. We no longer take text-based instructions without some sort of image or rough sketch to accompany your order.

 We will not make designs with logos or identifiable marks based on existing IP.

 If your visual form does not include exact ideas, you can request that we make sample designs on unrefined bases.

 You will be given rough sketches and general progress until your adoptable is finished. When it is finished, please be as specific as you possibly can about what changes you want made so that they can be completed without multiple attempts to correct mistakes.
  • We can add a $5+ fee to excessive changes after the linework is complete.
  • We retain the right to refund or refuse service if the communication process is too difficult.

Make-Your-Own Adoptable Procedure
Make-Your-Own Adoptables (which will be referred to as MYO in the rest of this document) is the ability to create a design based on our IP, which will allow you to partake in the community and its many different facets. This ability must be purchased by edelilah or SA1B0T , or it can be awarded as a prize in group events, or be obtained via participation in Otherworld-ARPG .
  • MYOs obtained through Otherworld have a specific set of rules that can viewed here: OTHERWORLD MYOs


 MYOs cannot be traded or gifted until they are designed.
 
 MYOs that have not been designed can be refunded if no longer desired. If you wish to refund a MYO that you have personally bought, please contact the creator that sold it to you.

 Under no circumstances can MYOs ever be resold. This will result in banishment / blacklisting.

 You cannot make designs with logos or identifiable marks based on existing IP.

 Other rules specific to MYOs can be applied to the postings in which they are being sold by the creators.



Banishment / Blacklisting
The Banishment/Blacklisting section of this document is subject to change as newer methods are discussed.

 Before you are Banished / Blacklisted, you will be told for what reason. This status will be kept private unless requested by other content creators or if you are trying to engage in a situation you should not be in. Banishment / Blacklisting simply means that we no longer wish to do business with you.

 You must respond with a message signifying that you will comply with the new Terms being applied due to Banishment. You will be sent all the information detailed below, and all you must respond with acknowledgement and agreement.

 If you are Banished / Blacklisted and you own Closed Species by us, we will not force you to relinquish ownership (except in the cases of scams involving money, blocking, not complying, and ignoring; all of which will not be compensated). Instead, you will no longer be allowed to participate in any group functions (specifically: min-kin , vestibules , Otherworld-ARPG ) or be allowed to acquire anymore Closed Species by us. You are allowed to trade the designs you own, but you cannot obtain any more.

  • If you block us before all of our Closed Species have left your ownership, the original designs will be relinquished to us. Despite the banishment, we are still here to work with you and be civil. You are free to block us and cut off contact with us when the designs are gone.
  • If you have not responded to our initial note within a month's time, a second notice will be sent. If the second notice is not responded to for another month's time, the designs will be relinquished to us. 
  • Designs obtained this way will be redistributed by raffles, Draw-To-Adopt, etc. All methods will remain free for participants.


 If you wish to trade (or sell, under the right conditions detailed in our TRADE RULES ), you must do so in a public journal that is placed into the corresponding group. You do not need to mention the ban, but we will oversee the entire transaction.

 To reiterate: unless the situation involves money, you blocking us before the designs are no longer in your possession, ignoring the new Terms being applied for 2 months time, breaching any Blacklist rule another time, or not complying with or breaking those Terms, you are not in any way being forced to give up ownership of your designs. You will be restricted, but you are still allowed to own them, draw them, get commissioned work of them, and have them as characters.

 You can be Banished / Blacklisted in the following ways:

  • Not complying with the Terms of Service
  • Co-owning for money, points, other designs, or in general
  • Under the table transactions, meaning purchases of our Closed Species made in secret
  • Racist/ Homophobic/ Sexist / Transphobic/ Ableist/ etc depictions of our Closed Species
  • Sexual content of our Closed Species submitted to our groups
  • Uploading illegitimate MYO designs
  • Selling MYOs of our Closed Species
        (To clarify: you may commission someone to design your MYO, but the MYO itself cannot be sold).
  • Consistently not PMing the respective groups when a design of our Closed Species changes ownership
  • Chargebacks, or other PayPal disputes
  • Scamming other users or us
  • General rudeness, lying, and difficulty
  • Tracing or stealing art from us or other users in the community
  • Recommendations from other content creators


Other Pages
 Despite our information being hosted on the min-kin group, it is applicable to all Closed Species created by us.





These Terms can be edited at any time without notice.

Related content
Comments: 3

toadhops [2016-10-04 12:47:28 +0000 UTC]

I know it's supposed to mach the aesthetic, but is there any way you could darken the text? It's fairly hard for me (and I'm sure others) to read on top of the white background :c

👍: 0 ⏩: 1

edelilah In reply to toadhops [2016-10-04 20:24:19 +0000 UTC]

Would possibly taking the skin off this journal in particular help? 0:

EDIT: Regardless, I took the skin off! I hope this helps ;w;

👍: 0 ⏩: 1

toadhops In reply to edelilah [2016-10-05 18:19:37 +0000 UTC]

Yes that helps a whole ton! Thank you.

👍: 0 ⏩: 0