Species TOS

Created: 4 February 2021, 00:59:22 EST
Last updated: 4 February 2021, 05:14:45 EST

General

Chaimi are a Comfort Species, please keep this in mind and be respectful to other users, we want this to be a safe and welcoming place.

 

MYO Guidelines

"MYO" used here means "make your own", referring to a slot that allows a user to create their own design with clear written, permission from Chey to create a single design of a specified closed species. 

General MYO Guidelines

Chaimi, Littea, and Chailings are closed species. They are not free to make. Creation and public posting of unofficial designs is strictly prohibited

There is no time limit in which a MYO slot has to be completed. Free Event MYO are different in that they have a set period of time to be completed by, please contact Chey if an extention is required due to circumstances.

✦ MYO Slots by themselves CANNOT be traded or sold for any reason. Trading or selling of finished, approved designs from the slots will depend on the slot type.

✦ The owner of a slot is able to have another user design the slot's design for them. Please submit artist credit when sending in a MYO for approval.

✦ The owner of the slot must be the one to send in the finished design for approval. 

✦ Once a MYO design is approved and uploaded to the masterlist it will replace the slot, it CANNOT be returned to a slot for any reason. 
✦ Your design may not have a Blend Name that is the same as someone else's. Blend Names are FCFS.

 

Standard (Paid) myo Slots

Standard MYO slots of Chaimi, Littea, and Chailings can only be obtained through USD sale or trade with Chey

✦ If the initial slot was purchased for USD or points, the final design created from the slot can be gifted, traded, vouchered, or sold. Resale price should not exceed the original sale price. 

✦ If the initial slot was obtained via a trade originally. IE: Trading art to obtain said slot without any USD being paid, then the final design created from the slot can only be traded or gifted.

Shop Slots

Shop MYO slots of Chaimi, Littea, and Chailings are obtained through the Chaimi group store and are purchased with fictional "currency" called Tea Leaves and Chaimi Currency. 

✦ Slots purchased from the group store can be traded as unused slots, but ONLY for other Chaimi items, Tealeaves, Chaimi Currency, or Chaimi related artwork.

✦ As these slots were not purchased using real life currency, they cannot be sold for real life currency. The final designs created from these slots can only be traded or gifted.

Prize Slots / Raffle Slots / Gift Slots

Prize MYO slots of Chaimi and Littea are obtained for free via events in the group or given directly from Chey. They effectively have no resale value or trading value.

✦ As these slots are given to users for free, they cannot be traded or sold for any reason. The are only able to be given to another user for free. Outside of being given away for free, these slots and designs created from said slots are permanently owned by the user who obtains them.

Finished MYO Designs

To get your finished MYO design approved, send a note to Chey with a list of all traits.

 The finished MYO design must be approved before it is posted publically to deviantart or other websites. 

✦ MYO designs CANNOT be gifted, traded, or resold without their final design being present on the masterlist.

✦ There is no time limit on a finished MYO changing hands. Ex: If a user has a MYO design that has been approved and uploaded to the masterlist, they can trade it right away.

Reselling and Trading 

Trading, purchasing, and reselling closed species designs second hand is done so at the risk of the user. Do not do business with someone that you do not trust. Chaimis are not responsible for reimbursing users in the case of a scam or breaking of these terms by third-parties. Any issues are to be handled between the users conducting the trade or resale.

If you feel you have been scammed or that a user is violating the resale or trading terms, Contact Us privately.

A closed species design refers to any design sold as a Chaimi or Littea.

It is the responsibility of both the buyer and seller/both users participating in a trade to fully read and understand these terms. In the event of a broken term, BOTH users may be punished accordingly. 

 
All official designs, their resale value, and individual trading terms can be seen on the Masterlist.

(This is set up for dA I'm not sure how you want to handle this). All ownership transfers are handled by commenting on the corresponding design entry with a ping (@) to who the design is going to/who you are receiving the design from. In the case of the receiving user creating the comment, confirmation from the previous owner is required. 

✦ If a design is not on the masterlist, it cannot change hands for any reason.

✦ Designs with a price listed in their description can be resold for up to that price. 

✦ If there is no price listed in the masterlist description, a design cannot be sold or exchanged for vouchers for any reason.

✦ If a design is listed as being obtained via "gift", "prize", or "raffle" it cannot be traded or sold for any reason. These designs can only be given for free to another user, or returned to Chaimis in order to be regifted.

✦ If a design is being resold to another user, it cannot be sold for more than the price listed in its masterlist description. 
--> In the case of additional art that you, the owner, has paid for: The current owner can resell the design with the additional cost of any art that they have paid for directly.
--> In the case of a user purchasing a design via resale with additional art for over the design's initial sale price: The price resets to the initial sale price after the resale, and cannot be resold for more than the masterlist price unless you, as the new owner, purchase additional art. 
Essentially, unless the current owner commissioned the extra art, it should not add on to the price.
 
✦ All allowed rights to a design and any artwork created of that design instantly transfer to a new owner when traded unless the artist requests that art be discarded before the exchange is made.

✦ If a design has alternate forms, "alternate universe" designs created by you or commissioned from another user that borrow design elements from the original design, these designs also transfer along with the character. 

✦ Any companions, items, or additional designs that were included at the time of the initial sale or trade from Chaimis will always be included along with the design when it changes hands. 

✦ Designs that have been obtained second hand through trade, but have a price listed on the masterlist can still be resold for that price regardless of how you obtained them as the new owner

No additional rules or terms added on to trades or resales by individual users are officially supported by Chaimis and failure to abide by extra rules established by users is not a punishable offense by these terms.
 

Ownership 

Design and Art Usage

Any Designs, Adoptables, or Artwork are created and sold for non-profit, personal use. These designs and artworks cannot be used commercially without permissionIf you, as the design's owner, wish to obtain full commercial rights to a design, custom, or commission you must contact the artist directly to discuss compensation and contract to release rights for commercial usage.

✦ Personal use of design's original artwork or commissioned artwork (Ie: artwork not made by you) would be as follows: 
--> Roleplay, character development, writing personal stories.
--> Creating personal artworks, plushies, comics, or other visual art of the design.
--> Commissioning other artists to create artworks of the design.
--> Any printing done of the design as long as it is not being mass produced or sold for profit (Shirts, charms, buttons, ect).
--> Any personal projects that are not being created to make a profit.

✦ Personal use of Artwork made by you of designs you own that were created by others:
--> You, as creator of the artwork, are able to use artwork created by you of these designs in your portfolio and for your own promotional use for non-profit projects.
--> You, as creator of the artwork, are allowed to do limited runs of the piece featuring artwork of the designs so long as it was created by you. (Ex: Selling prints of the artwork at a convention) 


✦ Usage of designs based from a design owned by you, but not originally made by you.
Ex: Making a human "alternate universe" form for your Chaimi character
These new designs have ties to the original design that was not made by you, as the owner. Visible credit to the original artist should still be given if visual details are borrowed from the original design. 


✦ The owner of a design or artwork is able to post said design or artwork on other websites, if credit is given in the form of a link back to the original artist's account.


 In the case of artwork or designs being used for illegal or harmful content:
Illegal or harmful content would cover but is not limited to: Hate speech, nazism, pedophilia, racism, homophobia, transphobia, bestiality, noncon, slavery
--> While we cannot revoke designs that have been paid for, we as creators can revoke rights to use said artwork and remove your access to the species name/community. We do NOT support this type of content, do not allow our designs or intellectual properties to be used for said content, and do not allow users who support or create such content participate in our community. We will not do business with users involved with this sort of content in any capacity.

Please see the blacklisted section for more details on how violations are handled. 

Design Changes

 

✦ The owner can make changes to a design created for ChaimisAmount of editing possible varies based on design.

✦ If the owner of a design makes an edit to the original artwork not created by them, credit for the artwork is still required. Please specify if edits were made when re-posting said design. 

Regarding design changes to closed species designs
This would be all Chaimi, Litteas, and Chailings.
--> Certain smaller scale edits are possible without permission.
--> These designs must go through approvals to be edited for larger scale edits. Ie: color changes, trait changes.
--> Traits of higher rarity cannot be added without permission (permission includes using a trait slot you have, these changes need to be submitted for approval).
--> Species cannot be changed.

 

Payment

 
All payments for designs, MYO slots, commissions, and custom slots are made in USD through paypalThe buyer will be invoiced for all payments. Any payments sent outside of an official invoice will be refunded and will not count towards the purchase.

General

✦  A claimed design or custom slot must be paid for within 24 hours of the invoice being sent unless otherwise discussed with the artist. If payment is not sent within this time, the design or slot will be put up for sale again for another user to purchase.


 After all required payments are complete, you will receive the full resolution image of your adoptable.
Be prepared to wait up to 24 hours to receive your full resolution images of the initial purchase. Please confirm with seller when you have received your full resolution image, and any additional files.


✦ Any transactions involving USD or other real-life currency will not be conducted with users under the age of 18.

Minors are able to participate in other events not involving the exchange of real-life currency over paypal. Including raffles, DTAs, gifting, MYOs (not including USD slots), anything involving Chaimi Currency sales, group activities, and trades with other users. 

If you are having someone over 18 purchase a design for you, contact must be made with the seller before claiming the design or slot. 

Refunds

✦ Refunds will not be given for any purchased adoptables, designs, artwork, custom slots, or MYO slots. All sales are final.


 Full refunds will not be given out for any custom designs that have been started unless the work cannot be completed. In this case, a partial refund can be discussed with the buyer.

OTAs, Flatsales & Auctions 


This section only covers designs, artwork, custom slots, and MYO slots sold or traded for through Chaimis. 

 It is the buyers responsibility to fully read and understand the TOS and any rules listed at the time of a sale or trade on the sale post or journal. 
 
✦ Disrespecting or harassing other participants in an OTA or sale will have the offender barred from participating in that OTA or sale. 

✦ All bids, offers, and claims on any sale posts or journals should be made seriously. Bids, claims, or chosen offers cannot be retracted and are final. 

✦ Retracting bids or claims after you, the buyer, are the top bidder or have been chosen as the winner of the design or slot could potentially see you banned from participating in future sales or trades. 
 
In the case that you, as the bidder, DO need to back out of a sale it must be done at least 24 hours before the end of the sale to let the seller know. Backing out of an AB will have the offending user banned regardless on reason.

Failure to contact the artist to warn of a cancelled bid or claim (Ie: if a bid or claim comment is hidden without warning) will result in the offending user being banned from participating in future sales. 
 

Artist Rights

 

These artists rights cover Chey, any artists selling through Chaimis, and all artists who create MYO designs of closed species.

✦ Artists of designs under the Chaimi name or sold through Chaimis are able to post designs they create to any of their online galleries. 

✦ It is the artist's right to decline any sale, auction purchase, or commission for any reason.

✦ Artists of said designs are able to use the artwork of designs created by them for commission examples, self promotion, and portfolios.

✦ Artists of said designs should always be credited when their work is posted by the design's owner.
 
 

Customs Information


✦  Unfinished custom slots cannot be traded or resold while they are in progress.

✦  It is the responsibility of the buyer to read all given information at the time of a custom slot purchase. 

✦ If for any reason there is a chargeback filed during the time a custom is being worked on, that custom will instead be sold as a regular adoptable design.

✦ When purchasing a custom slot, you are buying a design that is not yet completed. Time for completion of custom varies based on complexity and communication between the commissioner and the artist. When purchasing a custom slot, you are agreeing to the wait times involved with custom design creation.

✦  Work in progress shots (WIPS) can be requested at any time once a custom has been started. WIPS are sent normally at the sketch, line, color, and partway through the painting phase by default. 
 

Species ToS made with the help of AgentCorrina's ToS.

If you have any questions or are having trouble understanding anything in this ToS please Contact Us.