I. Acknowledgements

• You MUST be 18+ to purchase any of my designs or commission me. No exceptions
• I reserve the rights to my art and may use them as I see fit to display myself and my designs publically. I will not claim or use the character itself or claim any rights to it
• I reserve the right to deny any design commission based on my own judgment and reasoning
• You acknowledge and are understanding of any setbacks when it comes to commissions due to my own personal and professional life. 
• I will try to finish commissions in a timely manner, but you acknowledge that you are prepared to wait several months for a finished commission
• You have read this article and are aware of my all my terms before commissioning me or acquiring/buying any of my open adoptables
• Subjects not specifically stated in this article are subject to my approval on a case-by-case basis
• I will not draw or tolerate any form of hate speech or otherwise offensive topics being used in association with my artwork. These banned topics are discussed in-depth in Genekit TOS. If you are found violating this it will result in an automatic ban from my adopts and commissions
• I reserve the right to use discarded/unused design concepts for personal use, adopts, or commission
• In the case I am unable to complete your design commission due to extenuating circumstances, I will provide a refund
• If you harass me or treat me with disrespect, I will stop the commission, refund you, and you will be banned from my adopts and commissions

II. Payments

• All payments must be made up front and are non-refundable before a character is transferred or any work begins on a design commission
• All payments must be made in a timely manner, within 48 hours of me accepting a design commission/offer/bid or you posting a claim on a premade adopt
• Payments will be made through Paypal in USD only, and will be discussed through Discord DM, Deviantart note, or other agreed upon forms of communication
• Refunds will not be issued for premade adopts. I will only provide a refund for a design commission if I have not begun work on it
• If a chargeback is filed, this results in an automatic ban from my adopts and commissions
• Payment plans may be offered if the price is over $50 USD, and the terms must be discussed BEFORE bidding on/claiming any adopt of mine. I may not accept a payment plan depending on my own circumstances

III. Distribution

• You will not copy, repost, redistribute, sell, manufacture, or in any shape or form reproduce my artwork unless the art is of your character and/or you have express written permission from me to do so
• You may not use my designs/artwork for commercial use. Private use is fine, but any fursuit, plushies, figures, etc. must be disclosed to anyone buying said adopt off of you
• You are allowed to display a design of mine on any website or character hub with proper credit as long as you own the design
• You will not use my design/art advertise or otherwise make you money unless you are selling the design for the cost of what you paid for it plus commissioned artwork plus proof of payment

IV. Adoptables and Custom Designs

• You are allowed to resell any custom and adopt for the amount you paid for it originally plus any commissioned art with proof of payment
• You may trade or gift free designs. You are NOT allowed to resell any custom or adopt you received from me for free, unless it has commissioned art with proof of payment.
• You may edit a design’s colors, markings, or traits, but it MUST resemble the original, and I MUST be credited for the original. Please approach me with any revamp of my designs so I can approve or deny it. Revamping the design to be unrecognizable is not allowed and will result in being banned from acquiring any designs/adopts from me.
• You are allowed to create alternate forms of my designs but they must still be recognizable and must be owned by the same person at all times
• Do not use a character without crediting me properly
  • Toyhouse @ Fallenfishy
  • Deviantart @ FallenDownIntoShadow
• For custom designs, a formal sketch will be provided and at that time you may request any changes you would like to see. After that, I will complete the commission at my discretion taking whatever amount of time I deem necessary to complete the commission, unless otherwise stated or agreed upon by myself

GatorGummy/Thunderous-Roar TOS

My tos is combined with genekit tos unless stated otherwise. It is the buyer’s responsibility to be aware of genekit rules along with my own tos. Failure to follow both may result in warnings or escalate depending on the situation.

Payment - 

1) For legal reasons you must be 18+ for transactions - No exceptions.

2) Payments are in USD only via Paypal. Alternatives can be spoken about BEFORE one purchases or bid on an adopt. Failure to do so will lead to your bid/claim post being skipped and onto second best.

3)  ALL SALES ARE FINAL. I will not issue a refund to a user regardless, as I will only create premade adopts. Subject to change if customs are taken.

4) If a chargeback is filed, you are auto banned from my adopts and can no longer obtain them. Failure to follow will lead to action towards said user and anyone who aids in ‘holding’ for them including possible ban depending on the situation.

5) I allow payment plans if it is over 50 dollars, but time is dependent on said amount and time between payments. Please clear with me before you bid on an adopt of mine as I may need the money asap.  

My right

1) I reserve the right to use my designs and artwork for commission advertisements/information.

2) I have the right to prevent a user from owning, purchasing, or entering for my adopts as I see fit. A user will be notified by staff if this is the case. If my design is transferred to a user on my ‘blacklist’, the design will return to the original owner and cannot be gifted/sold/traded to the blacklisted user. Alt forms also fall under this as well.

3) I will never revoke a design from a user, but I can ask genekit staff to revoke its genekit status if I feel the user is using my design in a matter I have not deem appropriate. This would be a warning/strike issue and would only escalate to this if the user ignores warnings. I will never revoke the genekit status of a design without speaking to staff, Sunny, and the user in question. 

Things you can do with design -

1) Alter colors, markings, traits of said design, but must retain aspects of the original. I do not allow complete defacing of my designs to change into one completely unrecognizable.

2) Make sibling designs that are NOT twins, but be aware these are subjected to the same process as any other design and if found to be too close, will need to be adjusted.

3) Breed the design be it genekits, outside such as another cs, or one off. HOWEVER, any breedings outside the genekit space cannot be called genekits.

4)  Make alt forms of said genekits be it human, another cs, or vice versa. If it is a CS, as per genekit tos, you MUST report to staff and must report to me about which cs to see if I agree with their own tos.  

On Alt forms - Humans are case by case separating from the genekit design. If I feel the designs are too close to each other, you must sell them together. If I feel they are different enough, you may separate them and do as you please (keep one, sell the other, sell both, or just separate them,etc)

5) Write or draw said design however you please. HOWEVER, any hateful speech is an auto ban from my designs. These banned topics are listed on genekit tos.

6) Sell it for what you paid for it UNLESS it is a free design with art with proof of purchase, you can then ONLY sell the design for that money you put into it.

7) Make a fursuit, plushies, figures,etc out of my designs! I love seeing how people use them, but keep in mind you MUST disclose this information to anyone buying said adopt off you. THIS IS STRICTLY PRIVATE USE.

Things you cannot do -

1. You cannot sell a free design, with no proof of purchased art, for profit. You may TRADE free designs, but unless proof is shown a user has value they have 0 USD value. 
2. Deface my design, if I cannot recognize the design as my own, the revamp will be denied and you are able to resubmit with feedback from me or staff. 
3. You cannot use my designs for commercials or make commercialized plushies,figures,etc out of them.  Private use is fine and I’d love to see them!
   

Anything not listed is subjected to case by case bases or update as time goes on. This TOS is subject to change as I continue to design so if any questions arise, my dms are open.