IMPORTANT NOTICE! reselling rules have been relaxed further! you may resell finished myo designs, and event designs can be resold after a month has passed! 02/02/18

This terms of service has a changelog at the bottom, and any dates are in dd/mm/yy format

Commissions terms of service are located below the adoptables terms of service. For custom designs, both terms of service must be agreed with and followed.

Definitions of certain key words can be found at the bottom of this document.


1.1 This terms of service document applies to the purchase and ownership of any of my adoptables. By owning an adoptable or a myo design/slot of a species by from me, you are agreeing to the conditions outlined in this document. I may make changes to this document at any time without notice. You have the right to disagree with updates, however in this case you must relinquish ownership of your adoptables created by me through any means as soon as possible.

1.2 I reserve the right to reject any offer for sales/trades, etc, for any reason. I also reserve the right to revoke any adoptable or commission with a refund if I discover the funds used to purchase the product was obtained fraudulently. 

1.3 All rules on the adoptable's page must be followed like they are part of the terms of service, and the same penalties may apply for breaking them.

1.4 Any breach of this document can result in being banned from purchasing artworks or adoptables from me, limitations from purchasing my adoptables for any period of time, or being listed on a private blacklist that will be given to owners reselling or trading their adoptables by me (or myos of my species) upon request. You may also be banned from participating in the Magic-Sprites group and any events associated with the group or my account. Any breach of the (2) payment section of my terms may result in revoking your adoptable with a refund.

1.5 However, unless the offense is severe (breaching selling/purchasing rules), you may get up to three medium or seven minor warnings before being subject to any of the above clause. Minor warnings will disappear after a month, and medium warnings disappear after three months 

1.6 All adoptables won through "events" must not be resold! They can still be traded/gifted with notification. All "event" adoptables will be marked as such on the adoptable's page in my gallery, and on the masterlist!


2.1 All payment for adoptables are to be made in USD through Paypal unless otherwise stated on the adoptable sheet. I will direct your to the method of payment after the purchase of an adoptable.

2.2 Payments of up to $100 must be made in one lump sum. Payments above $100 can have a payment plan negotiated via notes. This plan will have an initial deposit of 25% of the full sum. Failing to abide by the agreed payment plan will cause me to revoke your ownership of the adoptable with refund, and I may resell adoptables revoked in this way. You will not have access to the unwatermarked image of the adoptable until the payment plan has been completed. 

2.3 After indicating that you will purchase an adoptable, payment must be made within two (2) days unless otherwise negotiated. After this time, the adoptable will be revoked. Flatsale adoptables will be re-offered and auctions will be sold to the next lowest bidder, or re-offered. 

2.4 Refunds for adoptables are available within three (3) days of purchase. Apart from this, adoptables are non-refundable (although you can re-sell it youself) so purchase carefully!

2.5 If you file any chargeback (even within the three day period) or any other form of revoking your payment for an adoptable outside of the three days grace period, I will revoke your adoptable and/or stop any services I am providing to you. You will also be blacklisted for this. 


3.1 When you obtain an adoptable by me, you are being granted a licence to use the creature in the image. This includes but is not limited to creating a character for them, drawing and writing a character with the creature and using the character in your personal, non-commercial projects without limitation.

3.2 You can also make minor or medium design changes. These design changes must retain the same amount and type of rare features, and the adoptable must still be recognizable as the same design. I will inform you if any changes you have made are too large, and inform you how to change them before any warnings are given.

3.3 You may create alternate, "non-canon" forms of your design, depict your design using "non-canon" abilities and use your design in any created universe you desire for personal use. All "non-canon" forms of your design is attached to your design for the purposes of passing on ownership of your design in any way; these extra forms must also be transferred to the new owner.

3.4 Edits to the adoptable design done on the original artwork of the adoptable must not be posted or shared online.

3.5 You may repost the original art for your adoptable to your deviantArt gallery, with linked credit to me. You will receive the full resolution image when you purchase an adoptable. Please watermark this image to protect your character from theft.

3.6 I retain all copyrights over my original work, which include but are not limited to the right to distribute, reproduce, or use the image as a sample for sales and self-promotion. I will not resell a sold design unless ownership has been returned to me in any way.

3.7 You must not claim the original artwork, species, or species lore as your own. You must not use the design for commercial purposes (apart from reselling the actual design).

3.8 Co-ownership of a design is not officially recognised by me or the magic sprite group. Full resale, trade, gifting and any events or contests held will only recognise the registered owner as the design owner. I am not liable for any damages, including but not limited to emotional and financial, caused by any action taken by the registered owner of a co-ownership. 


4.1 Trading, gifting, or reselling my designs is permitted. You may sell, trade or gift the design in any way you desire that does not breach the conditions above and below. 

4.2 To clarify, you may resell the design for any price, trade the design for anything you desire, and you may sell a design of mine that was traded to you. Adoptables from events and raffles may be sold after the event/raffle has been over for one (1) month.

4.3 This document is the only terms of service that can apply to my adoptables. Owners who trade their adoptables are not permitted to add conditions to a trade that dictates how the new owner can use or trade the design 

4.4 Trading, gifting or reselling an adoptable is not permitted if you have an ongoing payment plan with me. The adoptable becomes available for these options after the payment plan has been completed 

4.5 You must notify me on the masterlist of the species (unless the species or one-off design does not have a masterlist) when you pass the rights of the design onto another person, and please direct them to this document, as they must agree to own one or more of my designs. Additionally, I will show them these terms upon obtaining one of my adoptables (No warnings will be issued for not showing them my terms, but it would be appreciated)

4.6 It is NOT my responsibility to compensate any user for any kinds of scams or bad trades. Please make sure to consult species masterlists to confirm the owners of designs being resold or traded!

4.7 Direct the new owner to these terms of service, as they automatically agree when they acquire one of my designs.


5.1 If any clause in the MYO section of the terms of service contradict anything above, for MYO designs this section of the terms of service override other statements.

5.2 A MYO slot is a one use licence to create your own magic sprite. Once the slot is used, your MYO design cannot be withdrawn and replaced with a completely different design. However, you may perform the same edits as stated in Clause 3.2.

5.3 Refunds are available for MYO slot(s) within three (3) days of purchase if you have not submitted your MYO design for approval.

5.4 The MYO design may be created either by you or by another artist. The other artist must abide by my species rules if they want the commissioned design to become an official Magic Sprite. A MYO design may not be traced or a direct copy of one of my official designs.

5.5 You give me permission to post your finished MYO design in the scrapbook section of my gallery for masterlist purposes. I will credit you as the original artist and provide a link to your page. The current owner of the sprite can swap this image with another one at any time (within reason).

5.6 All MYO designs must be noted to me at Glacial-Adopts and approved by me before being posted publically. I will ask you to redesign your design if your design breaks any of these rules:

  It must conform to the appearance guidelines of magic sprites, including subspecies' design rules.
  The design must be an original design, and must not be heavily referenced from other's designs or colour palettes unless you have explicit written permission to do so.
  The design must not heavily reference existing copyrighted works, including characters. 

5.7 I will inform you of the reason(s) if your magic sprite design has been rejected for public posting.

5.8 You have up to three (3) chances to revise your magic sprite MYO if it does not conform to the appearance of the species. After this, you'll receive a medium warning (refer to clause 1.5)

5.9 Your MYO slot will be instantly revoked without refund if you heavily reference other artworks or copyrighted works without explicit permission. You will also be banned from purchasing MYO slots in the future.

5.10 MYO slots may only be sold for their original price or under. A MYO slot that was obtained via other means cannot be sold. 

5.11 Finished MYO designs have the same reselling rules as official adoptables (refer to clauses 4.1 and 4.2)

5.12 If you trade, sell or gift an unused MYO slot you must inform me of their new owner on the MYO magic sprite masterlist

(6) Payment 

6.2 Payments of up to $100 must be made in one lump sum. Payments above $100 can have a payment plan negotiated via notes. Any amount of money paid into the plan will be non-refundable. I will not complete artwork beyond the current amount paid. For example, I will only half complete work that is half paid for. If a payment plan is terminated, I will not complete artwork beyond the amount that was paid for. You will not receive an unwatermarked version of your artwork until you have completed the payment plan or payment is terminated.

6.3 Artwork slots will not be started until payment is received. You will be removed from the slots list if you do not pay within two (2) days.

6.4 Refunds for artwork are available within three (3) days of purchase. However, refunds will not be given for services already rendered (if half the artwork was already completed you'll recieve the half-completed artwork and half refund)

6.5 If you file a chargeback or any other form of revoking your payment for your commission outside of the three days grace period, I will stop any services I am providing to you, current and future. Any artwork I have completed will not be given to you. You will also be blacklisted for this. 


7.1 I reserve the right to decline any commission. I will not, under any circumstances, take NSFW commissions of any sort, or commissions that make me feel uncomfortable.

7.2 I retain all of the rights to my artwork, including copyright and the right to publish my work in my galleries. However, I will refrain from doing so if you politely ask. 

7.3 My artwork will always be published with a watermark or signature (except for very small commissions, such as tiny portraits and pixels), and my works with backgrounds will always have my small, unobtrusive signature.

7.4 You have the right to publish a watermarked version of your commission to your galleries. You must provide linked credit in these submissions.

7.5 You do not have the right to use my artworks commercially, except using my artwork to increase the price an adoptable resells at.

7.6 You have the right to use my artwork for personal use, including creating prints/other physical items for personal use only.

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<sub>Terms and services definitions

I, me: Refers to myself, Glacial-Adopts 

You, yours: Refers to you, the consumer and person who is reading my terms of service

Document: The terms of service as a whole unit and refers to all the conditions stated within

Adoptables, design: Refers to the rights granted in clause 3.1, as well as the original artwork, features and colours of the depicted creature, and the species lore and content which are included 

"Event": Refers to several ways in which I distribute my adoptables and MYO slots/designs through non-monetary giveaways and contests. Includes but is not limited to draw-to-adopt (DTA), raffles and contest prizes

MYO slot: A licence which I have given that allows the creation of one (1) common Magic Sprite

MYO design: An official Magic Sprite design that was created through the use of a MYO slot

Commission: Refers to my services when creating an artwork and the finished image</sub>



In this section I will maintain an archive of the alterations to my terms of service. Dates are listed in dd/mm/yy format.

<sub>15/12/15: Terms of service were created

19/01/16: Clause 4.4 was added

20/01/16: Information on bans from future purchases added to clause 2.3

15/02/16: Clause 4.3 was added

23/03/16: Added exception for using someone elses artwork on a MYO slot if it's my official sketchy MYO base

16/12/16: 
  Clause 1.5 was added
  Clause 4.2 was added
  Clarifications in brackets were added to Clause 4.5
  Re-sale restrictions on designs that have been traded were removed

13/01/17:
  Added centre alignment on headings  

  Added identifying numbers to the titles and the clauses within the terms of service

  Clarification added to clause 1.3 (rules to be followed like tos)

  Clarification about your rights to disagree with tos updates added to clause 1.1

  Removed the ability for me to revoke adoptables for breaking any term. Clarified revoking to only be used when full payment is not recieved.

  Payment plan deposits can now be refunded if you back out (clause 2.2)

  Refunds on payments may now be given within three days instead of one, and you no longer need a reason to want a refund (clause 2.4)

  Removed the different payment exception on chargebacks and clarified that any chargeback whatsoever is against the terms, as these will not be tolerated (clause 2.5)

  Re-worded clause 3.1 to clarify that your adoptable is a licenced design and there is no limitations on what non-commercial projects you can use the design for

  Clause 3.2 changed to allow medium level design changes and changes do not need direct approval. Also expanded on what happens if design changes are too large.

  Swapped positions of clause 3.4 and 3.5

  Clarified clause 3.4 to state that alterations to my original artwork is not to be shared online instead of outright banning it

  Clarified clause 3.6 to state that I can resell any design of mine that I currently own, even if it was already sold previously

  Clarified in clause 4.2 that adoptables given out by me for free are "event" adoptables and cannot be resold

  I will now be showing the terms of service to people who have recently obtained one of my designs via trade/gift/resale (added to clause 4.5)

  Changed wording from "them" to "new owner" in clause 4.7

  Removed "non-tradeable and non-refundable" restrictions from clause 5.2

  Added design editing rights to completed and approved MYO designs in clause 5.2

  Removed the clause "the finished MYO design is tradeable and giftable", as the clarification was no longer needed

  Added clause 5.3

  Removed the limitation that the MYO's artwork must be yours. You may commission others for a MYO magic sprite design now. Also added that MYOs can't be traced or plagerized off my own work (clause 5.4)

  Edited clause 5.8 to say you will recieve warnings if you fail multiple times to revise your MYO correctly

  Added being banned from future MYO slot purchases if you don't follow clause 5.9

  Added being able to add artwork value to the price of a MYO design to clause 5.10 Also clarified that MYO slots that are obtained as prizes or at raffles are the ones that can't be resold

  Added clause 5.11

  Commissions payment timeframe brought into line with adoptables timeframe (clause 6.3)

  Refunds on commissions have been made partially available, depending on time frame and services rendered (clause 6.4)

  Clause 6.5 added

  Added the ability to use my artwork to increase an adoptable's re-sale value into clause 7.5

15/01/17

  Added clause 3.3 and moved the position of all other 3.x clauses to reflect this. 13/01/17 changelog was also updated to reflect this

  Expanded clause 3.8 to expressly state that co-ownerships are not recognised and will not be compensated for

  Added being able to be banned from group content and events for disobeying my terms of service to clause 1.4

  Added fraud-based revoking facilitated by me into clause 1.2

  Clarified clause 1.1 to better state that all owners of my adoptables are bound by the terms of service. Also added a statement of removing my adoptables from your possession as soon as possible if you do not agree.

  Added the definitions list

02/02/18

Removed "However, designs that were given out for free by me ("event" adoptables) must not be resold" from clause 4.2 and added "Adoptables from events and raffles may be sold after the event/raffle has been over for one (1) month."

Clause 5.10 was split into two, and the rules changed so finished MYO designs can be resold in the same way as official adoptables, but slots still have the restrictions that were in place. 

Clause 5.11 was renamed Clause 5.12</sub>
 

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Feel free to ask any questions about my terms of service, especially if you want to understand something about a term, whether it's what I'm saying or why it's in there! If you don't agree to the terms of service, you may not purchase or own any adoptables, or take commissions from me.