Terms of Service

Created: 13 May 2020, 17:03:50 UTC
Last updated: 23 December 2020, 23:46:25 UTC
DISCLAIMER

This ToS is for all things related to Val Shenn, an ARPG created by Ampmrm and manticorgi.
They apply on all platforms (DA, Discord, etc.) where Kemata content is created.
They may be updated at any time without prior notice; there is a one-week buffer for client agreement.
All users will be held accountable for any updates a week after they've been made.
We reserve the right to refuse service to anyone who breaks this ToS.
By officially owning a Kemata, you automatically agree to everything in this document.

 

ADOPTION & OWNERSHIP

As a closed species, Kematas cannot be made by the general public.
Users do not have the right to create an official one without written permission.
Kemata creation without permission will not be recognized by the community.
Attempts to do so may result in a ban from the group.

Adoption Process & Character Rights
  • You will not receive rights to the Kemata species itself.
  • Upon full payment, you will receive the rights to the character design only.
    • You will have full rights to the character's development.
    • You have partial rights to the group and community activities.
    • You have the ability to turn your Kemata into a non-closed species for personal use.
  • You may not claim the original design idea or artwork as yours.
  • You may not edit the original design artwork, except for watermarking and downsizing.
  • You may not trace or recreate existing designs for any sort of public use or sale.
  • You may not use Kemata designs for commercial purposes.
  • We retain all copyrights over any artwork, which includes the right to distribute, reproduce, or use the image for self-promotion unless otherwise agreed upon.
  • We cannot claim intellectual property over, reuse, or resell the character design for personal and commercial projects unless otherwise agreed upon.
Documentation of Ownership
  • Kematas are tracked via KemataDen (DA) and the on-site masterlist.
    • These pages are the only acceptable proof of ownership of an official Kemata.
    • You must be listed as the owner before receiving your rights.
  • We do not recognize co-ownership; each Kemata will only be registered to one user.
    • While co-ownership can happen in private, we are not responsible for any drama that arises.
    • Any punishments will be given to the user the Kemata is registered to.
  • If you are having issues with proof of ownership, please contact the group.
  • Any issues that arise in terms of ownership will be reviewed by the mod team; we will make the best decision we can with the information we are presented.

 

PAYMENT GUIDELINES

By default, all payments will be made in USD via PayPal.
The specific method of payment — ie: PP.me or invoicing — may vary.
However, other methods may be accepted at the designer's discretion.
Payment is due upfront before full ownership of the character's design is transferred to you.
Do not send payment until prompted; methods may vary depending on the guest artist.
All sales are final; requests for refunds will not be accepted.
We expect payment to be due in full within 48 hours of claiming; we do not do holds.
Failure to make a payment within this time frame will result in your claim being dropped.
This is applicable to all sale types (flat sale, auction, OTA, etc.) unless a payment plan is involved.
These official payment guidelines may only be overridden by an official designer's personal ToS.
Attempted or successful chargebacks may result in a permanent ban.

Payment Plans
  • Payment plans are available for purchases of at least $100.
  • If the sale qualifies and you are interested in one, you must notify us of your intent before claiming.
  • A 30%, non-refundable down payment is required for all payment plans, with a $5 convenience fee for each individual payment made.
  • Failure to pay will result in a warning and the design will be resold.
  • Grace periods can be worked out if the user is unable to pay, but again, please communicate.
  • Failed payment plans may result in a temporary ban.
Flat Sales
  • In terms of flat sales, please be ready to pay within 48 hours after contact.
  • Flat sales are first-come, first-serve, so please reply to the correct posting to claim.
  • If another user comments before you, please do not offer a higher amount in an attempt to outbid their claim.
  • They do not have time limits but do not offer or bargain on their set prices.
  • Please do not edit or hide comments, simply make a new one.
  • If you do not pay within the buffer time, we have the right to give the opportunity to the next user.
Auctions
  • In terms of auctions, please only bid with money you immediately have and will not spend until the auction is over.
  • Each auction will have its own specified end time, so be sure to read the description.
  • When bidding, please reply to the specified comment, then to the highest bidder.
  • Please refrain from making discouraging or guilt-tripping remarks at other bidders.
  • Please do not hide your bids; users who hide their bids may be banned from future auctions.
  • If you make a typo, please do not edit your comment or hide it, simply make a new comment.
  • You are not allowed to drop out of an auction if you are the highest bidder.
  • If you bid at all, you must retain the funds that you bid in case someone drops from the auction.
  • You are individually held responsible for what you offer!
OTAs
  • In terms of offer-to-adopts, please only make offers you will be able to complete.
  • Depending on the artist, they may be looking for different things, so please be sure to read each submission carefully.
  • When offering money, please make sure they are funds you immediately have and will not spend until the OTA is over.
  • When offering artwork, it is polite to state a specific amount and reasonable time frame in which you can get it done.
  • When offering characters, please only link those of equal value that you are definitely willing to part with.
  • Please do not edit or hide comments, simply make a new one.
  • A delay in response, failure to deliver, and/or lack of communication on multiple and/or continuous occasions are all fair grounds for the designer to drop your claim and put the design back up for offers; this is applicable even if the client has already completed part of their offer; any issues that arise in regards to this term will be reviewed by the mod team.

 

TRANSFER GUIDELINES

Kemata owners are free to transfer their Kematas to other users.
If both parties have an on-site account, this can be done from the Kemata's profile page under Settings > Transfer.
If one or more parties do not have an on-site account, please email us, note the DA group, or ping us in the Discord help-me channel.
When purchasing a Kemata from a second party, you are responsible for making sure they're the official owner.
You may check by searching our on-site masterlist and looking at the entry's Stats > Owner.
We do not "owe" you a design if you were scammed by any second parties.
However, we would appreciate being informed about scammers so we may warn others and blacklist them.
Methods of transfer include resale, trading, and gifting.
These official transfer guidelines will always override a designer's personal terms.

Resales
  • You may only resell a Kemata at what you purchased it for or lower.
  • They may only be sold at a higher price if they come with commissioned artwork.
    • This means you paid for additional art to be made of them; you must provide proof of purchase of any artwork.
  • However, the additional resale value can only be equal to or less than the money spent on commissions.
  • Please note the group with said proofs of purchase in order to receive the new resale value.
  • Art purchased by someone on your behalf does not count.
  • If resold at higher or lower than it was originally bought for, the Kemata still retains its highest price point.
Trading & Gifting
  • If you submit a trade journal to advertise, it must include the Kemata's masterlist entry.
  • After successful trades, the on-site masterlist should be updated ASAP.
  • You may trade your Kematas for other items deemed of equal or lesser value.
    • This includes character designs, artwork, merchandise, etc.
  • If you trade for or are gifted a Kemata, it still retains its current resale value.
  • All Kematas received via trade or gift have a 30-day cooldown.

 

ADDITIONAL SERVICES & RIGHTS

Aside from auctions and flat sales, there are also other methods of obtaining Kematas.
As a result of obtaining the design rights, you are also privy to redesigns.

Redesigning
  • You are allowed to redesign your Kemata.
  • Minor color and pattern changes are always allowed.
  • Slight redesigns must look similar to the original.
  • Overhauls require a 25% payment of the original purchase fee to the original designer; you must also have their permission.
  • Redesigns must be approved before being officially recognized.
Customs
  • Custom orders for Kematas may only be taken by Ampmrm, manticorgi, and anyone they authorize.
  • Availability, pricing, and required information will vary depending on the designer and opening.
    • Generally speaking, payment must be made upfront before a custom is started.
  • Please do not request a custom based on an already-existing design unless you have full rights to the design.
  • You may request a Kemata version of another closed species only if it does not break that species' ToS.
MYOs
  • MYO slots are only allowed to be sold and offered by Ampmrm, manticorgi, and anyone they authorize.
  • MYO openings will be announced on-site, via group journal, and/or in the Discord server.
  • Specific information about each opening may vary, so please refer to the opening post.
  • MYO slots are sold based on rarity, meaning designers can only create Kematas with traits of said rarity or lower.
  • MYO slots do not expire unless otherwise specified.
  • Do not base an MYO off an existing character unless you own its character rights.
    • While you may be inspired by copyrighted characters, it may not be an exact rip-off.
    • Please also be aware that others may be inspired by the same characters, which may result in similar designs.
    • We are not responsible for disputes that arise from drawing inspiration from the same sources.
  • You may transfer MYO slots following the same guidelines from the "Transfer Guidelines" section.
  • You may commission others to design your MYO slot.
  • MYO designs must be approved before they will be officially recognized by the group.
DTAs
  • DTA (draw-to-offer) contests may be hosted and run through the Kemata group.
  • Rules may vary per DTA, so please read any provided information.
  • DTA designs cannot be resold without additional commissioned artwork.
  • Do not harass any judges or participants.
  • If you do not want your contest entry to be received by the winner as gift art, please state that beforehand.
Raffles
  • Raffles may be hosted and run through the Kemata group.
  • Rules may vary per raffle, so please read the provided information carefully.
  • Raffle designs cannot be resold without additional commissioned artwork.
  • Raffle winners are chosen by RNG, so please do not harass the hosts/participants.
  • We will not count entries made on "giveaway accounts" that have no other content on them.
  • Do not create multiple accounts to gain more tickets.

 

REFUSAL OF SERVICE

The Val Shenn team reserves the right to refuse purchase or services without question.
We do not reserve the right nor have the power to revoke a design that has already been purchased.
We can remove the Kemata from group protections, delegitimize it from the masterlist, and revoke access to the community.

Banning & Suspension
  • Ampmrm, manticorgi, and "Main Mods" are the only people with the power to officially ban or suspend you from the group.
  • However, "Modlings" and designers can still personally ban or suspend you from their services.
  • Bans and suspensions are a result of breakage of contract and will depend on the severity of the situation.
  • You will be notified if you are banned and will be given reasons along with proof.
  • Your case may be re-evaluated with good behavior but it is not a guarantee.
  • You may be placed on a public blacklist should you be banned as a warning for other users and groups.
Possible Offenses
Things that are considered grounds for banning include but are not limited to:
  • continuous harassment of other users
  • purposefully inciting drama
  • attempted or successful scamming
  • dishonesty in terms of payment or identity
  • cheating of any ARPG gameplay aspects
  • any breakage of this contract
  • any breakage of the Rules & FAQ