Boutique Designs Terms of Use
By commissioning a custom "Boutique Design" or purchasing a pre-made "Boutique Design", the customer agrees to only use the design as stated in the following "Terms of Use" and "Commercial License". (This does not apply to regular designs. For regular designs ToU click here.)
Boutique Designs are a special type of adoptable and are sold more than once.
If you purchase a license for Boutique Designs, you receive a non-exclusive right to use it. You do not purchase an exclusive right to use the design. The right to use the design (license) can be purchased multiple times/by multiple people. This is a special type of adoptable that is sold more than once.
The licensee receives the right to only use the purchased boutique design as stated in the following "Terms of Use" and "Commercial License". Ownership and Copyright of the design / artwork are NOT transferred to the licensee.
ADOPTABLE TERMS OF USE
Editing and Changing the Design
- You are allowed to adjust or change the design after your purchase as long as you do not edit my original artwork. Please create a new drawing if you want to make changes / edit the design. Exception (Editing): You may erase parts of my original drawing if parts of your character (for example: hair, horns, tails, wings, etc.) cannot be seen above the design otherwise.
- Do not take payment to edit on top of my artwork and do not pay others to edit my artwork. Please make / get new art if money for edits is involved. You can of course commission other artists to make changes on the design as long as they create their own art for it.
Re-Posting on Social Media
- You may re-post my original artwork of the design you’ve received to display the design, however you are required to downsize and watermark it for public display.
- My original, non-watermarked artwork should not be posted publicly for the sake of the protection of the art. Please always tag and credit me if you re-post my original artwork.
Reselling & Trading
- The design cannot be resold.
- It is NOT allowed to make/sell adoptables with the design.
- The design may be gifted to someone else.
- Designs may be traded for other designs and / or goods.
- Once you trade / gift the design, you cannot use the design commercially or personally anymore.
- By gifting/trading the design, the new licensee can use the design as described in the „Standard Commercial License“ and the „Terms of Use“. If they want to use the design commercially in a way that is not stated in the Standard Commercial License, they need to purchase an additional Premium Commercial License or an Extended Commercial License. Please always message me if you need any additional licenses.
- When transferring the license of the design to someone else, you must message me and provide me with the details of the new licensee. Due to the Privacy Policy, you must inform the new licensee of this term before transferring the license so they can agree to their information being forwarded to me.
Other
- The licensee receives the exclusive right to only use the design as stated in the "Premium Commercial License" and "Terms of Use". Ownership and Copyright of the design / artwork are NOT transferred to the licensee.
- I keep the right to upload my original art of the design to my social media accounts and my portfolio for advertisement of my art.
- I keep the right to show my original art of the designs in future (art)books or videos of mine for informational or educational purposes.
COMMERCIAL LICENSE
The Commercial License covers the licensee to use the licensed product in the following ways:
COVERED
- You are allowed to make unlimited physical and digital end products for your personal use.
Personal, or non-commercial, use is a use for solely personal purposes. For a use to be considered "personal" it must meet the following:
- The use must not involve an exchange of money
- The use must not directly or indirectly result in financial gain
- You are allowed to make and sell unlimited physical end products.
Such physical products include, but are not limited to, shirts, mugs, signs, posters, stickers, charms, books and other similar products.
Important! You are not allowed to use my original artwork for profit in any way. You are only allowed to use the design itself. To use the design for profit in any way, you need to draw your own art that displays the design. You must always credit me as the designer of the outfit in your print-publications such as books and comics. Do not falsely represent authorship and/or ownership of the licensed design.
- You are allowed to make and sell unlimited digital end products.
Such digital end products include, but are not limited to, e-books and other similar e-publications.
Important! You are not allowed to use my original artwork for profit in any way. You are only allowed to use the design itself. To use the design for profit in any way, you need to draw your own art that displays the design. You must always credit me as the designer of the outfit in your print-publications such as books and comics. Do not falsely represent authorship and/or ownership of the licensed design.
- Broadcast and streaming for unlimited lifetime viewers
via network, cable, internet, satellite, pay-per-view, video on demand or streaming of motion picture and /audio visual works, including advertisements, is permitted
- e.g. livestreams or VoD on Twitch, YouTube, etc.
- VTuber Livestreams: It is permitted to use my original artwork on a VTuber model. It is permitted to use my original artwork on a reference sheet for your model or directly on your character wearing it in a livestream. VTuber livestreams fall under commercial use and are the only exception to my Commercial ToS rule #6 regarding the use of my original artwork. In this particular case, the commercial use of my original artwork is allowed. For every other commercial use, you need to draw your own art that displays the design (more info in Commercial ToS rule #6 below).
- Webcomics for unlimited lifetime viewers
- You must always credit me as the designer of the character / outfit in your web-publication. Do not falsely represent authorship and/or ownership of the licensed design.
NOT COVERED:
- You are not allowed to use my original artwork for profit in any way. You are only allowed to use the design itself. To use the design for profit in any way, you need to draw your own art that displays the design.
- Exception to rule #6: VTuber Livestreams fall under commercial use and are the only exception to my Commercial ToS rule #6 regarding the use of my original artwork. In this particular case, the commercial use of my original artwork is allowed (e.g. my original artwork on a reference sheet for your model or directly on your character wearing it in a livestream). For every other commercial use, you need to draw your own art that displays the design.
- Website Software Development, Mobile App Development, Desktop Application Development, and Video Game Development is prohibited for commercial use or noncommercial use.
If you need any other license, e.g. when want to use my original artwork commercially or develop projects similar to (7), please message me for additional licensing.
Examples of permitted use / F.A.Q:
Can I use the outfit design for reference sheets or on my character wearing it?
- Yes, you can either draw your own art to display the design or use my original artwork.
Am I also allowed to use your original artwork of the design on my character and show it on a reference sheet?
- Yes, this use is allowed.
It is permitted to use my original artwork of the design to show it on a character reference sheet or on a character wearing it.
Can I upload your original artwork of the design to my social media accounts?
- Yes. You are allowed to upload my original artwork to social media when used on a reference sheet or on a character shown wearing it. However, do not upload the transparent Drag and Drop version anywhere to prevent other's from extracting the design. If you want to show my original artwork online, either put it on a character/artwork/reference sheet or use the reference sheet provided by me in the download folder of the design.
I want to create merchandise of my character wearing your design. Can I do that?
- Yes, but only if you draw your own art that displays the design. You are not allowed to use my original art for profit, only the design itself.
Am I allowed to use your original artwork on merchandise?
- No, you are not allowed to use my original art for profit, only the design itself. If you want to sell posters of your character wearing my design, you need to draw your own art that displays the design.
I am a Vtuber and want my model to wear your design, is this ok?
- Yes. You can either draw your own art that displays the design or use my original artwork on your model. If you use my original artwork for your model, please consider the ToS regarding editing and changing my art.
VTuber Livestreams fall under commercial use, but the commercial use of your original artwork is prohibited. Can I still use your original art of the design in livestreams?
- Yes, it is permitted to use my original artwork on a VTuber model. It is permitted to use my original artwork on a reference sheet for your model or directly on your character wearing it in a livestream. VTuber livestreams fall under commercial use and are the only exception to my Commercial ToS rule #6 regarding the use of my original artwork. In this particular case, the commercial use of my original artwork is allowed. For every other commercial uses, you need to draw your own art that displays the design.
Can I use your design or your original artwork of the design to make and sell adoptables?
- No, the design and my original artwork cannot be resold. It is NOT allowed to make/sell adoptables with the design.