Terms of Service - Annies

When the Terms of service is updated, the new update is what counts, no matter what old version you agreed too earlier, no exceptions.

I. TERMS OF SERVICE.

When purchasing or creating a design/character from or for me, such as Annies, you are buying partial rights or giving the rights to a specific character design belonging to my Closed Species.

The official design artwork made by me, or others, is still my copyright/intellectual property. I have all the rights to the design, its original artwork form for promoting myself and my artwork.
Example: Posting it on social media, making and selling tangible items featuring the original design or produce artwork with the original design included for things such as prints, events and artbooks.
If a purchase of the commercial rights to a design would occur, the whole fee would be paid to Yamio, no matter who designed it, to avoid legal complications.

As a customer;
♣ You may give the design a name, story, alternative universe to live in, etc, for personal use.
♣ You may alter the design, such as giving it new clothes, hair styles, gender, body type, skin colour etc. But you may NOT change the features that characterize my species.
♣ You cannot use the design, old or new redesign, for commercial use, unless purchased through Yamio.
♣ You may not use Anniverse, Annie or Annies name commercially.
♣ You may trade the design away for other designs.
♣ You may sell the design for equal to or less than what you originally paid. 
♣ You may sell the design for equal or less than what you originally paid in real life currency equal to the amount of AP you purchased it as.
♣ However, you are allowed to sell an Annie MYO for the same value MYO prices are currently set as, for that specific rarity.

♣ You are allowed to sell an Annie that is not a MYO, for same price as the current sb (starting bid) for that specific rarity.
♣ If the rarity of the Annie is upgraded, the value of it is as well, if it was bought for less than that's rarity current SB or MYO Value.
♣ While you cannot include the price of a custom, commissioned art or gifts to the value of the Annie when selling, you are allowed to sell it as an extra on the side, separate from the Annie.
♣ Each Annie, MYO, creature or anything else sold, given or gifted has a set value in either AP or real life currency.
♣ You are  allowed to make a small profit off the design. This only includes small scale merchandise sales such as prints, buttons and charms for no more than 100$ in profits all together during lifetime.
♣ If you are planning to use the design for larger scale merchandise, where profit will be over 100$ lifetime, or a comic, manga, visual novel, game or anything alike, a commercial fee of 300% of the original purchase price must be purchased from Yamio. 
♣ Purchase of commercial rights does not remove Yamio's commercial rights.
♣ For selling and trading, you must always notify Yamio who the new owner is, to prevent fraud.
♣ You cannot claim an Annie|MYO on behalf of someone else.
♣ You can claim an Annie|MYO to gift to someone else.
♣ Co-owning a design is allowed, if both parties have an agreement.
♣ Both parts must pay 50|50. This is to assure nobody feel like they own it more than the other.
♣ If you have ABd two Annies in the same event, you have to wait the first 5 minutes to do so on the third release and onward, before you AB again within the same event.
♣ All bids must be under the "Bid here" comment.
♣ All claims must be under the specified comment provided unless otherwise is stated.
♣ If you are a mod, you are not allowed to AB within the first 5 minutes if you do the "bid here" comment, due to time advantage.
♣ If you are a GD, you have to wait 5 minutes before you AB an Annie in the same event you are in.
♣ You are not allowed to AB within the first 5 minutes if you buy it as a gift to a GD or a mod who did "Bid here" comment.
♣ You are not allowed to AB within the first 5 minutes if you buy it as a gift towards somebody who has ABd twice during the same event.
♣ The first time you use your design (such as in an artwork) you must credit Yamio for the species. 
♣ Credit for the species further on is recommended to prevent confusion, but is not required.
♣ The design may be used in events, books and other official merchandise without interference of your ownership.
♣ All designs and likeness may be used in official Anniverse events and competitions without your permission or interference of your ownership, this includes if you own the commercial rights.


Conversion rights clarification;
♣ Converting a character into an Annie is free of charge but it still requires a MYO slot.
♣ You may convert the Annie to another species, if permission from the other species owner persist.
♣ You must gain Yamio's approval for converting an Annie into another species.
♣ Yamio Must review the 'terms of service' the character is being converted from.
♣ Yamio Must review the 'terms of service' the character is being converted to.
♣ Yamio has the right to deny conversion at any time.
♣ Even if the Annie is converted, the original design and it's Annie form will always exist.
♣ Even if you alter or change the design, the original design will always exist.
♣ Even if you alter or change the design, the original design will always remain an Annie.
♣ If you convert an original character into an Annie through a MYO ticket, it will then forth always remain an Annie.
♣ You cannot remove the Annie label from any character you've then made through a MYO ticket.
♣ You cannot remove the Annie label from any character you've bought as an Annie.
♣ You cannot remove the Annie label from any character you've converted into an Annie.
♣ You cannot remove the Annie label from any character you've converted into another species.

Commercial rights clarification;
♣ You may not use Anniverse, Annie or Annies name commercially.
♣ If a purchase of the commercial rights to a design would occur, the whole fee would be paid to Yamio, no matter who designed it, to avoid legal complications.
♣ You cannot use the design, old or new redesign, for commercial use, unless purchased through Yamio.
♣ If you are planning to use the design for larger scale merchandise, where profit will be over 100$ lifetime, or a comic, manga, visual novel, game or anything alike, a commercial fee of 300% of the original purchase price must be purchased from Yamio. 
♣ You are  allowed to make a small profit of the design. This only includes small scale merchandise sales such as prints, buttons and charms for no more than 100$ in profits all together during lifetime.
♣ All designs and likeness may be used in official Anniverse events and competitions without your permission or interference of your ownership, this includes if you own the commercial rights.
♣ Purchase of commercial rights does not remove Yamio's commercial rights.
♣ The design still falls under Anniverse's terms of service.
♣ Commercial rights for an Annie, can be purchased with Anniverse's fake currency, AP. (Annie  petals)
♣ Once you have purchased Commercial rights, they are bound to the purchaser.
♣ If you sell the character, you have option to sell or gift the commercial rights to the new owner. The commercial rights will otherwise be voided when the ownership of the character changes.
♣ Only one of the co-owners of an Annie design, will be able to own commercial rights.
♣ The purchaser of the commercial rights decides in what way their co-owner can use the Annie commercially, as long as they still co-own it together.

Co-ownership clarification;
♣ Co-owning a design is allowed, if both parties have an agreement.
♣ Both parts must pay 50|50. This is to assure nobody feel like they own it more than the other.
♣ You are required to have your co-owners approval before selling/gifting/trading your half of a co-ownership. Exceptions do apply; please refer to ´Non responseive Co-owner´.
♣ Gifting a co-ownership can only happen if the Annie is already split with two owners.

Non responsive Co-owner;
♣ If it has gone a full year, without being able to contact your co-owner, with proof of trying to reach them on two different occasions with at least a month in between, you will be able to trade in your part of the co-ownership to Anniverse.
♣ If you decide to trade in your co-ownership to Anniverse, you will receive a MYO of equal rarity value, up to an SR, as a compensation.
♣ This will void your part of the co-ownership and the Annie will now be owned in full by your previous co-owner.

I retain partial rights over every Annie that is sold, and therefore I have the right to ban a person/ give penalties/ redistribute ownership over a design if they are blatantly breaking my Terms of Service and therefore terminating their rights to the species. This includes, but is not limited to;

♣ Selling/offering/auctioning and/or buying an Annie for more than its original purchase price or current value.
♣ Harassing other members of the Annie community.
♣ Scamming/theft of Annies.
♣ Unacceptable/rude behaviour towards partner(s) in a co-ownership of an Annie.
♣ Unacceptable/rude behaviour towards people in the Anniverse community.
♣ Slander of the Anniverse.
♣ Filing a refund/chargeback (results in a reclaim of the designs from the user to make up for lost monetary damages. The buyer is then forbidden from using the reclaimed Annie(s), and further use will be considered character theft and copyright infringement)
♣ Failing to pay me/someone else for an Annie in either an auction or a trade/sale.
♣ Retracting or hiding any bid(s) made.


For Guest Designers;
♣ All designs created for the Anniverse, Yamio hold the partial rights to, together with the customer.
♣ You are not allowed to stream or show WIPs of Annie designs without Yamio's consent.
♣ You no longer have the rights to the design.
♣ If commercial fee is purchased, you will not receive a cut due to legal precautions. 
♣ The payment fee for creating designs under the name of Anniverse, is 20% for the first timer. 15% afterwards.
♣ You have the rights to claim yourself as the creator of the design you made.
♣ You have to wait 5 minutes before you AB an Annie in the same event you are in.
♣ You are not allowed to bid on your own design in an event.

II. PAYMENT

♣ All payment must be made in full upfront after a purchase of a design.
♣ If you are a Guest Designer, the payment fee will be paid after you have received your payment from the customer.  
♣ The currency accepted is deviantART points and USD.
♣ Points shall only be paid through the commission widget unless stated otherwise.
♣ USD is paid through PayPal only with an invoice from Yamio.
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♣ Payment plan are accepted for 100$ and up.
♣ A deposit of 25% is required. However 50$ is the minimum. 
♣ Maximum duration of a payment plan is 3 months.
♣ If you fail to complete the payment through the payment plan, no money will be refunded. The same rules as a normal payment still applies.
♣ The characters does not belong to you until payment is fully complete.
♣ FTO (First time owners) can only do one payment at a time.
♣ If you already own an Annie, you can have two payment plans at a time.

III. SELLING RIGHTS CLARIFICATION

♣ You may trade the design away for other designs.
♣ You may sell the design for equal to or less than what you originally paid. 
♣ You may sell the design for equal or less than what you originally paid in real life currency equal to the amount of AP you purchased it as.
♣ However, you are allowed to sell an Annie MYO for the same value MYO prices are currently set as, for that specific rarity.
♣ You are allowed to sell an Annie that is not a MYO, for same price as the current sb (starting bid) for that specific rarity.
♣ If the rarity of the Annie is upgraded, the value of it is as well, if it was bought for less than that's rarity current SB or MYO Value.
♣ While you cannot include the price of a custom, commissioned art or gifts to the value of the Annie when selling, you are allowed to sell it as an extra on the side, separate from the Annie.
♣ Each Annie, MYO, creature or anything else sold, given or gifted has a set value in either AP or real life currency.
♣ For selling and trading, you must always notify Yamio who the new owner is, to prevent fraud.
♣ Co-owning a design is allowed, if both parties have an agreement.

IV. CANCELLING/REFUNDING POLICY

If you file a chargeback against me, your right to everything I have ever made for you will be retracted and I have the right to re-sell the copyrighted design artwork to new buyers.
You will be forbidden to ever purchase from me, Yamio, ever again.
Your name will be publicly posted everywhere I want for others to watch out for. 
I also have every right to file a complaint and I retain all rights to the money you have given me.


V. DISCLAIMER

If you, the purchaser, or Guest designer, have not read the ToS thoroughly, I am not to be held responsible for your own misconception.
This is a closed species, not an original species.
Closed species means only I, Yamio, or people I give written permission to, are allowed to create an Annie.
I cannot be held responsible if you sell/trade an Annie away, and suffer chargeback or fraud from a third party.
However, you have the right to ask for help to spread this information.
I do not put copyright on animal/plant features for others to use, however I do put copyright on the designs I create, the specified lore and the specific details that makes up the species as a whole, and they are not to be reproduced in any way.
Creating a design that have features alike to my species does not mean that said character/design belongs to Annies, Yamio´s species.
Intentional heavy referencing of designs is not allowed and you will be asked to alter a design to make it less alike if it occurs.

For any questions, please ask below.