WhimsiTsuki
Adoptables ToS
General Terms of service
Welcome to my Terms of Service page.Please read carefully. This ToS is for the Adoptables purchased from me. These Adopts are NOT for commercial use.Each adopt will come with a copy of this ToS and a Certificate of Adoption (Authentication).*If you wish to create Merch of or use these Adoptables for Commercial use then head on over to my Commercial Use ToS.**Or you can contact me to request an Extended Commercial Use License for the desired Adopt.
(My Commercial Use Adopts are a more detailed design and include an extra outfit and an Extended Commercial Use License)What is an adoptable?In general Adopts are Original Characters used to inspire writing, drawing, role-play, and much more.
In simple terms, Adoptables (or Adopts) are Original Characters an artist creates and puts up for sale.Once bought the new ‘owner’ can use that character for anything they want within the artists ToS. But there’s a little more to it.Adopts are often viewed as collectibles, similar to characters in Gacha (toy vending machine type mechanic) games, though in this case you often get to choose which character you want, it’s just a matter of claiming it before anyone else.Most Artists state that their characters are NOT for Commercial use. This is common as many artists don’t want to give up their rights to the characters they’ve created or let others receive money from selling products that feature their characters but will allow another person to use the design for personal use only. This is why it’s important to read the ToS from the artist you are buying an Adopt from.*Learn more about Adoptables here:
The BasicsYou are free to alter certain aspects of my designs!This includes:Most of my designs are genderless by default, so you have the freedom to choose, regardless of how they are presented.Give them a name, personality, and description. Think of them as a blank slate, they were all born as they are and have yet to experience the world.Remove, exaggerate, or add features.Change the design into an animal, furry, or human.You may also alter my designs to fit another closed species or ARPG setting, so long as you follow the rules and terms for that species or ARPG.Things you CAN’T change: Age (if stated), height (if stated) and main color pallet (hair, skin, eyes and /or markings)Please remember to credit me as the Character’s Original Designer with a link back to my website or any of my socials or use the #WhimsitsukiArt. (links found at the bottom of this page.)TwitchYouTubeTumblrInstagramDiscordYou don’t have to tag me in every appearance the Character makes but a visible text credit on a design sheet or character profile will be enough. Thank you!
Eggs
Most of my Adopts will be in this format. You will receive an Original Character, whose design will match the design of the Egg. In the egg is a baby photo, Full Character Reference sheet and certificate of authenticity. the more expensive Eggs will also include a companion/pet and digital wallpaper.
common
These are the common type of Adopts that are simpler in design and are purely for personal use and adding to your collection.
Commercial use
These Adopts have a more elaborate design and cost a little more due to the fact they are designed to be use by Vtubers and Merch. they come with a digital Extended Commercial Use Licence and are not free to trade.
Personal Use Only
Adoptable ArtworkUse, Editing and PostingUse of my original adoptable artwork (commissioned or otherwise purchased) is limited in a few ways. If you own any of my designs, you may:Crop, rotate, and resize the original artwork for use in banners, icons, design sheets, etc.Post the original artwork on websites, character pages, image reference libraries, toyhouse profiles, etc.Please do not draw over the original artwork! Any design changes may be done in new artwork drawn by you or someone else.Print the design for personal, non-commercial use.
(print-res files are available upon request at time of commission or sale.)You may NOT use these Characters for Commercial Use.Creation VS OwnershipAs the creator of an adopt design I retain the rights to the intellectual property, to my original artwork and designs, as well as their use. This means:I may make bases, species, or other characters based on my own existing designs.I may post the design on my portfolio website, socials, or other art-sharing platforms for promotional purposes.As the owner of an adopt design you may write, draw, role-play, collaborate, and create new work based on any designs you have purchased from me.You retain ownership and responsibility of all text, images, and other original content you make based on any designs you have purchased from me.Trades and SalesCreation VS OwnershipYou can trade, sell, and gift the design to anyone. You can sell it even if you got it in a trade.If selling, ideally at least the cost of the original price + any commissioned work + your own art.Please let me know who the new owner is!If you bought an Extended Commercial Use Licence for any of my Adoptable Characters, then please refer to the Terms below.You may NOT freely trade, sell, swap, or gift any of my Adoptable Characters with an Extended Commercial Use License!If you wish to no longer use my Original Character(s), please let me know, the character will remain yours if you wish to use them again in the future but you may not give it to another person.Please contact me if you wish to give the Original Character to someone else, to transfer the rights to the new owner, so that I may update my records. This will include buying a new Extended Commercial License with the new owner’s name on it.
For Commercial Use
Adoptable ArtworkUse, Editing and PostingUse of my original adoptable artwork (commissioned or otherwise purchased) is limited in a few ways. If you own any of my designs, you may:Crop, rotate, and resize the original artwork for use in banners, icons, design sheets, etc.Post the original artwork on websites, character pages, image reference libraries, toyhouse profiles, etc.Please do not draw over the original artwork! Use your own art work for Commercial Use or abide by the artist’s ToS if you choose to commission artwork, for Merch, using the Character.Print the design for personal, non-commercial use.
(print-res files are available upon request at time of commission or sale.)Creation VS OwnershipAs the creator of an adopt design I retain the rights to the intellectual property, to my original artwork and designs, as well as their use. This means:I may make bases, species, or other characters based on my own existing designs.I may post the design on my portfolio website, socials, or other art-sharing platforms for promotional purposes.As the owner of an adopt design you may write, draw, role-play, collaborate, and create new work based on any designs you have purchased from me.You retain ownership and responsibility of all text, images, and other original content you make based on any designs you have purchased from me.Trades and SalesCreation VS OwnershipYou may NOT freely trade, sell, swap, and gift any of myCommercial Use Characters you own!If you wish to no longer use my Original Character(s), please let me know, the character will remain yours if you wish to use them again in the future but you may not give it to another person.Please contact me if you wish to give the Original Character to someone else then please contact me to transfer the rights to the new owner, so that I may update my records. This will include buying a new Extended Commercial License with the new owner’s name on it.
Conclusion
Thank you for reading, if you have any further questions about my ToS, please don’t hesitate to contact me!Contact InformationDM Me on Discord: @minteawhimsitsukiofficialOrEmail me at
[email protected]