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DEITYVE'S

TERMS OF SERVICE
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TOS


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LAST UPDATE:
JULY 30TH, 2022
RULES ARE SUBJECT TO CHANGE ANYTIME.
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Read through these terms carefully.
By buying / owning anything made by me you immediately agree to follow all of these rules.

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I don't take responsibility in case my TOS has not been read.
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DISCLAIMERS
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The terms presented apply to all art, designs and general crafts made by me
Yve Melo / @DEITYVE .
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The terms presented must be followed by: commissioners, previous, current and future owner⟮s⟯ of anything made by me and anyone involved with any of my creations in any way.
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I don't work with physical products nor shipping.
All creations are digital only.
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The terms presented below apply to both art and designs made by me.
More specific terms can be found through clicking any of the buttons below.
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These terms were made with the purpose of protecting both me and the commissioners in the case of any issues, to state the rules regarding the usage of my work, as well as to explain the whole commissioning process.
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Breaking any of these rules may result in: blocking, publicly blacklisting, having a public warning made and / or having legal action taken, depending on the severity of the infringement.
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I. PAYMENT
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Payment is received only via PayPal or Ko-Fi.
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Payment is accepted upfront only, usually via invoicing.
Payment should be done within 48 hours from the confirmation of the commission.
No work will be done until full payment is received.
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The PayPal email used for invoicing must be the same as on the form.
In case the email needs to be changed, the commissioner must edit the form to update the email used.
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The main currency accepted is USD.
Other currencies can be accepted as long as the value is equivalent to the USD price of the commission at the time of the payment.
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⬝ Refunds / Chargebacks are absolutely prohibited for any reason whatsoever.
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Having the statement above in mind, the commissioner must have permission to use the money for the payment
⬝ Example: the commissioner must either be the owner of the PayPal account used to transfer the money or have permission to use it.
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I don't take responsibility for any issues involving money.
It's the commissioner's sole responsibility to manage their finances, and no situation will be accepted as excuse for a refund.
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Complex designs, poses, objects, backgrounds, etc. are subject to increase in the total value of the commission "Complexity fee".
If a complexity fee is applicable, the commissioner will be told beforehand.
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Tips are received via Ko-Fi.
They're incredibly appreciated and can be as small as $1
They can be as small as $0.50 through the "Gem Tier".
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II. ORDERING
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Google forms are provided for the commissioner to fill for better understanding of the commission request.
Formal commissions requested without the filling of the forms won't be accepted.
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The filled form will be privately kept for up to one year in case proof of order made / commission delivered is necessary for personal or legal matters.
Commissioners may request to have the filled form sent to their email in the form itself or have screenshots of it sent to them anytime.
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In case of full queue or closed commissions, any potential commissioner who fills a form will be automatically added to a waitlist.
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People on the waitlist will be contacted in order of request whenever current slots are emptied.
People on the waitlist are free to request to be removed from it anytime.
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Potential commissioners / people on my waitlist must have in mind that the reopening of my commissions is not immediate and does take some time.
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Commissioners may freely change their order, only if their previous order hasn't started being drawn yet.
⬝ Order change examples: changing which character is going to be drawn or changing poses, clothing, etc.
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If the previous order has already started being worked on, commissioners may request their order to be changed only upon the payment of a fee accordingly to the time spent and work done by me.
Orders changed on the sketch stage will have a lower fee than those changed in the middle of the lining or coloring process, for example.
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Commissions with deadlines must be discussed beforehand and may only accepted upon the payment of a fee.
It's recommended the commissioner contact me at least one month before the deadline.
Tight deadlines are unlikely to be accepted.
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III. PROCESS
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⬝ Colors and shapes may vary from the original references provided due to my art style.
All commissions have at least one example of finished pieces so the commissioner can have an estimate of how their commission will turn out.
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The progress of the commission will be shared with the commissioner.
⬝ This usually includes:
1. Sketch
2. Lining
3. Any requested changes
4. The finished commission.

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My workflow varies. Commissions are not worked on by request order, but rather by inspiration and motivation.
The request order is somewhat followed, though simpler commissions and inspiring designs are more likely to get done faster.
To guarantee a faster turnaround, it's recommended the commissioner send multiple character options for me to pick the one I feel inspired by the most
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Turnaround time usually varies between one day to a week or a month.
It can get extended to a couple of months in certain cases.
Commissions will always be completed.
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⬝ All approvals are final.
Simple adjustments can be made freely, with the exception of large scale fixings.
⬝ Example: if the sketch was approved, the pose cannot be changed anymore.
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It's adivised the commissioner state all changes needed to be made at once to prevent delaying of the community.
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Commissioners may request for approved steps to be redone only upon the payment of a fee accordingly to the time spent and work done by me.
Changes requested on the sketch stage will have a lower fee than changes requested in the middle of the lining or coloring process, for example.
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I reserve the right to use discarded poses, expressions and designs on other art pieces or designs.
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I reserve the right to use the finished piece as an example and post them on my social medias.
The commissioner is free to request not to have their commission posted publicly or to have a post with their commission taken down.
⬝ Lack of request to maintain the piece private will lead to the assumption that posting is allowed.
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I reserve the right to reuse features present in designs made by me on the creation of other designs, usually for personal usage.
⬝ Including, but not limited to: palettes, shapes, patterns, etc.

⬝ In case of a custom commission, permission of the commissioner will be requested when doing so.
⬝ In case of an adoptable, a disclaimer will be put on the character's profile.
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⬝ The commissioner must remain respectful and friendly throughout the whole commissioning process.
Rudeness or lack of respect will not be tolerated and may result in:
1. The commissioner being blocked
2. The commissioner being publicly blacklisted
3. Having the access to art, design and commissions made by me banned
4. Have a public warning made about them.
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IV. CREDITING
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Designs, bases, art and any other thing made by me can't have its creation claimed by someone else.
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⬝ Never erase, blur or alter my watermarks and signatures in any way.
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Crediting me is not necessary on every usage or post made with an art piece or design made by me, but is appreciated.
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⬝ Crediting may be done via:
1. Tagging me
2. Linking my Carrd / any of my social medias somewhere visible

Only mentioning my username without directly tagging or linking back to me is not an accepted form of crediting.
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V. EDITS
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Art made by me can be slightly edited.
⬝ Examples: alternative colors, small adjusts to designs, adding filters, etc.
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If editing my work, be sure to keep the original, unaltered art available somewhere.
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⬝ Any and all edits of my work are still under the rules of my TOS.
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Any and all edits of my work are still considered to be under my creation, though the editer can claim the edits made as their creation.
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Crediting edits should be similar to the following:
Art / Design by Yve, edits by name.
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VI. USAGE
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⬝ Don't steal, copy, trace, take heavy inspiration from or heavily reference anything created by me.
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All art / designs made by me are for personal usage only.
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⬝ Profiting in any way from anything made by me is prohibited.
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Commercial use is not allowed, though it can be discussed.
If commercial use is allowed by me, all rules I impose must be followed.
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The use of anything made by me for hateful / illegal content is prohibited.
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No designs / art made by me should be put on Amino or sold in any places other than Toyhouse without explicit permission from me.
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It's prohibited to involve anything made by me in:
1. NFTs
2. Cryptocurrency
3. Blockchains
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Owners of art / designs created by me are encouraged not to transfer my creations to people:
1. With a history of breaking others' TOS.
2. Who condone or partake in illegal or hateful actions.
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Users on my blacklist cannot use or be on possession of anything made by me in any circumstances.
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ART


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VII.I. GENERAL RULES
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Commissioned art and fanart made by me can be used as:
1. Icons
2. Headers
3. Dollpages
4. Wallpapers
5. Similar uses as the above examples.
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Credit is required when using anything created by me
⬝ Example: tagging me or putting a link to any of my social medias somewhere visible.
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Art made by me cannot be used in similar way as following, without explicit permission from me:
1. Zines
2. Covers for albums, books, etc
3. Fancams / edits
4. Thumbnails
5. Logos
6. Pamphlets, advertisments, etc.
7. Similar uses as the above examples.
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The current owner is allowed to make physical objects out of art / designs made by me, as long as none of the objects made are sold, being for personal usage only.
⬝ Object examples: stickers, plushies, keychains, etc.

DESIGN


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VII.II. GENERAL RULES
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All designs made by me will be uploaded to Toyhouse so their whereabouts can be easily tracked.
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⬝ Owners of designs made by me are prohibited from deleting them from Toyhouse.
In case an owner of a design made by me is leaving the site or needs to have their account closed for any reason, they must contact me to discuss the the character's destination.
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⬝ Designs made by me can't be used commercially in any way nor for any kind of profit.
⬝ It includes, but is not limited to:
1. Brand mascots
2. VTubers
3. Franchise characters
4. Similar uses as the above examples.
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No merch of designs made by me can be produced / sold.
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The current owner of designs made by me may use them personally only.
⬝ Examples include, but are not limited to:
1. Personal stories
2. Personal roleplaying / Worldbuilding
3. Personal webcomics
4. Personal, unmonetized animatics or animations
5. Personal mascots / Personas
6. Similar uses as the above examples.
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Involving designs made by me in hateful / illegal content is prohibited.
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Designs made by me may have more than one owner.
⬝ I don't take any responsibility in co-ownership matters.
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VII.III. REDESIGNS
VII.III. ALTERNATIVE FORMS
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Redesigns and alternative forms of characters created by me are allowed having in mind that:
1. All redesigns / alt. forms of a design made by me still abide by the rules of my TOS.2. The redesign / alt. form must still be recognizable as the original design made by me.3. The original design and all redesigns / alt. forms can't be treated as different characters.4. All redesigns and alt. forms of a design made by me must be kept together / have the same owners.5. The credit for the original design is still assigned to me.
The redesigner may only claim the redesign / alt. form made by them.
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A design made by me may have its species changed and even made into a Closed Species.
Example: making an originally humanoid character into an anthropomorphic one
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Creating a Closed Species based on or inspired by designs made by me is prohibited.
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Colorpicking / taking slight inspiration from designs made by me is allowed as long as the current owner allows it.
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VII.IV. OWNERSHIP TRANSFER
VII.IV. RESELL / RETRADE
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Desings made by me cannot be traded, gifted, sold or similarly transferred to people outside of Toyhouse.
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All current / new owners must have a Toyhouse account to own designs made by me.
In case a future owner doesn't have a Toyhouse account, they are free to contact me to acquire an invite code.
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⬝ I don't take responsibility for any transactions other than the original sale / trade made by me.
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Designs made by me may be resold only if:
1. They were bought from me
2. Self-made arts / crafts were made of the design
3. Arts / crafts of the design were commissioned.
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The reselling price cannot be higher than what it was bought for, unless:
It has extra arts / crafts and the value is equivalent to their worth.
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Free art and art obtained in trades do not increase the reselling value.
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Vouchers, gift cards and such are considered as having monetary value, therefore are not allowed in trades.
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All transfers of designs made by me must be under the law, which means:
1. If it includes NSFW content it can't be owned by minors
2. The transfer can't involve anything illegal
3. The transfer must be done through lawful methods / sites.
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Designs made by me cannot be put for offers / sale on Amino nor any sites other than Toyhouse without explicit permission from me.

MEMBERSHIP


▸ MONTHLY RAFFLES

Only active members can participate in monthly raffles.
If a member unsubscribes before a raffle happens, they will not enter it.
The type of art raffled will be determined by the amount of active members in its specific tier — the more members, the higher the quality of the raffled art will be. Members of higher tiers will also enter raffles from lower tiers. A member may only win up to one raffle per month. Raffled art and designs, too, abide by the rules of my TOS. Raffle winners must reply to the winner announcement message within 24 hours.
If no answer is received in this timespan, another winner will be picked.

FANART REQUESTS

Requests are not guaranteed to be drawn.
Requests will be drawn at my own pace.
Requests are not commissions.
Requests do not belong to the requester.
All requests drawn will be posted publicly on my social medias.
The requester may ask to be tagged / credited for the requested piece's idea.
Requests are not limited, active members may request as many pieces as they want. I reserve the right not to draw a request for a franchise I dislike / am not familiar with.

▸ ADOPT PREVIEWS
▸ EARLY BIDDING

Only active members can see and bid on adopt previews. Closed Species adoptables may not be revealed earlier depending on the rules of its species. Designs will be revealed to members at least 24 hours before being publicly uploaded to Toyhouse.
Active members will have access to the design, its price and general information.
Active members may offer for or AB the design earlier.
Active members may have exclusive AB options that include extra art.
With the exception of ABs, bidding earlier does not guarantee winning any auctions or OTAs. Members are prohibited from sharing the design before it's officially uploaded to Toyhouse.
be it screenshots, describing the adopt or by any other mean
⬝ By breaking the rule above, the member will be blocked, publicly blacklisted and have their membership ended.

TUTORIALS
EXCLUSIVE CONTENT

Only active members can get access to exclusive content and request tutorials. Exclusive content includes, but is not limited to:.
1. WIPs / Sketches
2. Studies
3. Timelapses
4. Scraps / things I generally don't post publicly
Exclusive content and tutorials will be done and posted at my own pace. Timelapses may vary depending on the software used at the time. Tutorial requests can be done via google forms.
Tutorials may vary in length, detail and explanation depending on the request.
Active members may request any type of tutorial and ask anything related to my drawing or designing process. Any tutorials done by me solely reflect my personal experiences and processes, and by no means must be taken as "rules". Members are prohibited from sharing any of the exclusive content / tutorials posted.
be it screenshots, describing the content or by any other mean
⬝ By breaking the rule above, the member will be blocked, publicly blacklisted and have their membership ended.

BLACKLIST

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Bacellar / Jaymonio
Gaari / Gaart Marcymall0w Sweetpeterr LOVEHOSPITAL Lanmoy3 Moonesaiky
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Don't harass these users.
Don't involve us in drama.
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Not having users on this blacklist does not mean I condone their actions.
This blacklist is merely a personal precaution to avoid specific users.
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Being blocked by me generally does not equal being blacklisted.
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All users blocked by me are strongly discouraged from interacting with me or evade my block contacting me with other accounts or having other people contacting me in their place.
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An IP block is used by me, which can result in accidental blocking.
If a person suspects they may have been blocked by mistake, they may inquire me about their blocking, to which I can check and unblock if I see fit.