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  1. Babbage's Terms of Service
  2. Version 0.3, created  and active on January 19th 2020
  3. Copyright Babbage 2020
  4.  
  5.  
  6.  
  7. Preamble
  8.  
  9. This is Babbage's Terms of Service. The aim of these Terms is to make commissions, trades, request, and other things go smoothly both for myself and for whoever wants my art. Please read through carefully, as I am not liable if you don't and decide to commission, trade for, or request my services anyways. I should also mention that any words that seem capitalized unusually are subject to their definition as defined in the first section (1. Definitions), with the exception of "my", "your", and "yourself", which apply to their definitions in their lowercase state.
  10.  
  11.  
  12.  
  13. 1. Definitions
  14.  
  15. "Adopt" means a specific piece of Work that was created with the intention of selling only one Work and or Work's license to one individual. It does not necessarily need to be made on a Base, but it is not Commissioned, Requested, or obtained in an Art Trade, and is a pre-existing Good rather than a Service.
  16.  
  17. "Art Trade" means the exchange of one Creator's Services for another Creator's Services, rather than exchanging Services for Pay.
  18.  
  19. "Auction" means that rather than selling a YCH, Adopt, or other Work at a predetermined price, the Creator who made the Work instead will Auction it to whoever is willing and able to pay the most. The Creator includes details such as a starting bid or starting price, a minimum increase by which each new bid must surpass the last, and an auto-buy, which enables potential buyers to skip the auction and take the Work and or Work's license immediately.
  20.  
  21. "Babbage", "I", "Me", "my", or "Myself", etc. means the creator and holder of these Terms of Service, who goes by Babbage online and provides artistic Services under terms of which these Terms of Service outline and clarify.
  22.  
  23. "Base" means a specific piece of Work that is meant to be edited by Creators other than the one who made it, or edited by the Creator who made it, in order for the editors to sell Adopts or Your Character Heres. Base almost always implies that there will be more than one Work made on the same Base. Bases are not a Service, and are a Good.
  24.  
  25. "Blacklist" means a list of individuals and or groups that are forbidden from interaction and or receiving services from a Creator. It is sometimes but not always public. Blacklisting can be temporary or permanent.
  26.  
  27. "Chargeback" means the revoking of Payment after Services have already been completed.
  28.  
  29. "Commercial Purposes" means that a Creator's Work is used for financial gain in a significant and often repeatable way. This often involves printing the work onto an object and selling it, or reselling particular work for others to edit.
  30.  
  31. "Commissio" means a Platform that was created to make it easier for Creators to provide Services and receive Payment through, and to help people who would like their Services find them and Pay them. Commissio also acts as an arbiter if there is a disagreement. Commissio also uses Stripe as a payment processor. Commissio can be found here: https://commiss.io/
  32.  
  33. "Commission" means to Pay a Creator in exchange for their Services.
  34.  
  35. "Creator" means any individual who creates physical items or digital files for their artistic value as a Service or for personal enjoyment.
  36.  
  37. "Character Trade" or "Design Trade" means the exchange of one Creator's Work's license for another Creator's Work's license. This is done in the context that the new owner of the license can do as the license allows with the Work, but the former owner still owns a license to the specific Work they had created.
  38.  
  39. "Deadline" means the specified date of which a Creator agrees they will have their Work completed.
  40.  
  41. "FlightRising Gems" means the premium currency of the online browser game FlightRising. They are used to purchase special items and account upgrades on FlightRising. FlightRising can be found here: https://www1.flightrising.com/
  42.  
  43. "Furcadia Digo" means a premade avatar or costume sold at digomarket.com for use in an online game known as Furcadia. Furcadia can be found here: https://cms.furcadia.com/
  44.  
  45. "Furcadia DragonScale" means any one of the units of online currency used in an online game known as Furcadia, typically sold at digomarket.com. Copper DragonScales are worth $0.01 USD each, Silver DragonScales are worth $0.10 USD each, and Golden DragonScales are worth $1.00 USD each at full value. Furcadia can be found here: https://cms.furcadia.com/
  46.  
  47. "Good" or "Goods" means any item, physical or digital, that is not necessarily artistically related, as a Work is.
  48.  
  49. "Pay" or "Payment" means a predetermined and agreed upon amount of real-life currency (such as United States Dollars or Japanese Yen), online currency, cryptocurrency, licenses, and or digital Goods and files, in the context that they are being used to Commission a Creator for their Services.
  50.  
  51. "Paypal" means an online banking Platform that can be used to pay for Goods and Services and receive payments for Goods and Services. They accept most major currencies. Paypal can be found here: https://www.paypal.com/
  52.  
  53. "Personal Work" means Work of which is not done as a Service, nor for profit in general. It is usually done for personal enjoyment or learning.
  54.  
  55. "Platform" means a website which is hosted as a public or private service, of which others may interact socially, conduct business, and or share Work.
  56.  
  57. "Refund" means that after You have provided Payment for my Services, I return the Payment, either fully or partially.
  58.  
  59. "Service" means the performance of any duties of work by one individual for another in the context of helpful and or professional activity, and in relation to creating Work.
  60.  
  61. "Square" means an online banking Platform than can be used by businesses to receive Payment for their Goods and Services. They accept most major currencies, and have gift cards. Square can be found here: https://squareup.com/
  62.  
  63. "Watermarking" means laying a special image or text onto a Creator's Work, either done by the Creator or someone else in order to deter theft. This mostly applies to .pdf files and regular image files such as .png, .jpg, .gif, and other image files.
  64.  
  65. "Work" means the product or outcome of one or more Creators' Services or unrelated artistic work, which includes physical items or digital files.
  66.  
  67. "You", "your", "yours", "Yourself", etc. means any individual or entity exercising rights under these Terms of Service who has not previously violated the terms of these Terms of Service, or who has received express permission from Babbage to exercise rights under these Terms of Service despite a previous violation.
  68.  
  69. "Your Character Here" or "YCH" means a Work that is like a Base but is valued more for its pose rather than its lineart and being able to color it in. YCHs are often redrawn by their Creator to look like the character or design that a buyer would like it to look like. This includes changing weight, clothing, gender, etc. to suit the character or design the Creator is told to make it look like.
  70.  
  71.  
  72.  
  73. 2. Discrimination Definitions
  74.  
  75. "Ableism" means discrimination and or social prejudice against people with disabilities or who are perceived to have disabilities.
  76.  
  77. "Ageism" means discrimination and social prejudice against people on the basis of their age.
  78.  
  79. "Acephobia" or "Aphobia" means discrimination and or social prejudice against asexuality and or people who are part of the asexual spectrum.
  80.  
  81. "Biphobia" means discrimination and or social prejudice against bisexuality and or people who are bisexual.
  82.  
  83. "Fatphobia" means discrimination and or social prejudice against people on the basis of their weight, specifically against fat and obese people.
  84.  
  85. "Homophobia" means discrimination and or social prejudice against homosexuality and or people who are gay.
  86.  
  87. "Intersex Discrimination" means discrimination and or social prejudice against intersex people.
  88.  
  89. "Nonbinary-phobia" means discrimination and or social prejudice against nonbinary people.
  90.  
  91. "Non-Monogamous Discrimination" means discrimination and or social prejudice against people who are not monogamous (ie. people who are polyamorous or in open relationships).
  92.  
  93. "Purposeful Deadnaming" means the act of calling a person by a name they used to go by, often a former legal name.
  94.  
  95. "Purposeful Misgendering/Deadnaming" means two things. Misgendering is addressing someone who is of one gender as one they are not and do not identify with, repeatedly and or on purpose. Deadnaming is when you call a person by a name they used to go by, often their former legal name.
  96.  
  97. "Queerphobia" means discrimination and or social prejudice against queerness or people who are queer. It is also a general term for LGBTQ+ phobia, without being specific.
  98.  
  99. "Racism" means discrimination and or social prejudice against people because they are of a different race or ethnicity. It is also a systematic issue that has been in place for hundreds of years and disproportionately affects the health and well-being of anyone who isn't white than anyone who is.
  100.  
  101. "Religious Discrimination" means discrimination and or social prejudice against people on the basis of their religion. This includes Islamophobia and anti-Semitism, as well as discrimination and or social prejudice against Paganism and magic.
  102.  
  103. "Revenge Pornography" or "Image Based Sexual Abuse" means the showing and displaying of pornography without one or more participants' consent in showing and displaying the image. This is often done as a means of blackmail, punishment, or means of attaining fame. It is also illegal in many jurisdictions.
  104.  
  105. "Serophobia" means discrimination and or social prejudice against people afflicted with HIV/AIDS.
  106.  
  107. "Sexism" means discrimination and or social prejudice against people on the basis of their sex or gender. It can affect anyone, but it primarily affects women and girls.
  108.  
  109. "Transmedicalism" means the broadly defined belief that being transgender is dependent upon experiencing gender dysphoria and undergoing medical treatment in transitioning, and that those who do not have dysphoria or wish to seek medical treatment in transitioning are fake and not transgender. This is incredibly harmful to both nonbinary people and binary trans people for many reasons.
  110.  
  111. "Transphobia" means discrimination and or social prejudice against people who are transgender. This also includes hate crimes against people on the basis of them being trans.
  112.  
  113. "Xenophobia" means the fear or hatred of that of which is perceived to be foreign or strange. It is closely linked to Racism, but usually different in that it's aimed at anyone who isn't of one's state or country, and sometimes even people who one perceives not to be of their state or country despite being such.
  114.  
  115.  
  116.  
  117. 3. Commissions
  118.  
  119. a. I cannot guarantee when or if I will be available for Commissions at any time.
  120.  
  121. b. I reserve the right to refund You at any time, for any reason.
  122.  
  123. c. I accept Paypal, Commissio, and Square as payment methods for receiving United States Dollars (USD).
  124.  
  125. d. I also accept Furcadia Digos (at approximate secondhand sales price), Furcadia DragonScales (at full value), FlightRising Gems (100 gems = $1 USD), and character/design licenses.
  126.  
  127. e. You may choose which payment method You would like to Pay Me with, or I will do so if You have no preference.
  128.  
  129. f. I will begin my Services and Work after Payment has been received in full.
  130.  
  131. g. I will finish my Work within 30 days of receiving your Payment unless otherwise agreed upon.
  132.  
  133. h. If I have an emergency of any kind, I will let you know as soon as I am able to. I will need to extend my Deadline, and I reserve the right to.
  134.  
  135. i. You may request a Refund at any time, except for when I have completed the Work.
  136.  
  137. j. You may only receive a full Refund if I have not already begun creating the Work.
  138.  
  139. k. A partial Refund will be issued if I have begun the Work, but not finished it.
  140.  
  141. l. In the event that I issue a partial Refund, You retain usage rights for the unfinished Work.
  142.  
  143. m. If you issue a Chargeback, You forfeit all usage rights.
  144.  
  145. n. I cannot partially Refund Furcadia Digos and character/design licenses. If I must Refund this sort of Payment, I will do so in full, and You forfeit all usage rights of partially completed work.
  146.  
  147. o. If your due Payment is $20 USD or more (or equivalent in different currency) and You are providing Payment through Paypal, I will give you an Invoice. You may not Pay me with the "Send Money" feature in this scenario.
  148.  
  149. p. If You are sending your Payment through Paypal and your total is less than $20 USD, you may not use the "Friends & Family"/"Sending to a friend" option to do so. It is against Paypal's Terms of Service to pay for my Services in this manner, as well as any other Creator's Services. You and the Creator doing this can be banned from the Platform, and it is impossible to get a Refund or Chargeback if you use this option. I am not responsible for your decision if you use "Friends & Family"/"Sending to a friend", nor will I begin my Services and Work if You decide to.
  150.  
  151.  
  152. 4. Trades
  153.  
  154. a. I cannot guarantee when or if I will be available for Trades at any time.
  155.  
  156. b. I reserve the right to cancel Trades at any point before You start your side of the Trade, for any reason.
  157.  
  158. c. I accept Art Trades and Character Trades/Design Trades. Exchanging your character or design license for my Services is a Commission.
  159.  
  160. d. I will begin my Services and Work as soon as possible for Art Trades.
  161.  
  162. e. I will finish my Work within 30 days of commencing the trade unless otherwise agreed upon.
  163.  
  164. f. You will finish your Work within 30 days of commencing the trade unless otherwise agreed upon.
  165.  
  166. g. If I finish my Work before You, I will submit a smaller, Watermarked version of my Work. I will submit the full sized, unmarked version after You have completed your Work.
  167.  
  168. h. If you have an emergency of any kind, please let me know as soon as you are able to so that I can extend your Deadline.
  169.  
  170. i. If I have an emergency of any kind, I will let you know as soon as I am able to. I will need to extend my Deadline, and I reserve the right to.
  171.  
  172.  
  173.  
  174. 5. Requests
  175.  
  176. a. I cannot guarantee when or if I will be available for Requests at any time.
  177.  
  178. b. I reserve the right to reject your Request for any reason.
  179.  
  180. c. I reserve the right to cancel Requests at any time, for any reason.
  181.  
  182. d. You may cancel your Request at any time, for any reason.
  183.  
  184. e. You do not Pay or exchange anything for Requests.
  185.  
  186. f. I will begin my Services and Work as soon as possible for Requests. However, they are the least prioritized compared to Commissions and Trades and will only be completed when all Commissions and Trades are finished.
  187.  
  188. g. I do not keep Deadlines for Requests, nor is there a guarantee that they will be finished.
  189.  
  190.  
  191.  
  192. 6. Bases, Adopts, & YCHs
  193.  
  194. a. I cannot guarantee when or if Bases, Adopts, and YCHs are available at any time.
  195.  
  196. b. I reserve the right to reject your YCH Commission for any reason.
  197.  
  198. c. I will always hold copyright and usage rights (listed in section 6) to any Base or Adopt that I create.
  199.  
  200. d. When You purchase a Adopt, You are purchasing a license to that Adopt and you obtain the same usage rights as listed in section 7 (7. Your Usage Rights).
  201.  
  202. e. When You purchase a Base, You are purchasing a license to that Base and you obtain the same usage rights as listed in section 7 (7. Your Usage Rights), with the exceptions that You may edit Bases in any way You wish (except for removing my signature), and You may not show and display the unedited Base, nor give third parties permission to show and display the unedited Base. You may also not sell, exchange, or gift your Base license(s).
  203.  
  204. f. When You purchase a YCH, You are purchasing a regular Commission, but the base image shown is a preview as to what you will get. You do not hold any rights to the preview image or YCH. Section 1., Section 2., Section 6., Section 7., and Section 9. all apply. I may (but am not required to) distribute unlimited Works and licenses based upon the same YCH.
  205.  
  206. g. I may (but am not required to) distribute unlimited licenses for any Base that I create unless otherwise agreed upon.
  207.  
  208. h. I may only distribute one license for any Adopt that I create, with the exception of if the license is sold back to Myself unless otherwise agreed upon.
  209.  
  210. i. You may sell, exchange, and gift edited Bases as your own Adopts. You may show and display the edited Base(s), as well as give third parties permission to show and display edited Base(s).
  211.  
  212. j. You may not minimally edit Bases in order to circumvent 5.e. and 5.i. in order to sell and show them anyways.
  213.  
  214. k. I may not Auction Bases, but I may Auction Adopts and YCHs.
  215.  
  216. l. I do not offer refunds for Bases and Adopts.
  217.  
  218.  
  219.  
  220. 7. My Usage Rights
  221.  
  222. a. Upon creation of my Work that You have Commissioned, Traded for, or Requested, I obtain a usage license for the Work. The usage license is made up of this section (5. My Usage Rights) as well as the first section (1. Definitions), and the last section (9. Miscellaneous).
  223.  
  224. b. I am allowed to show and display my Work both online and in person.
  225.  
  226. c. I will respect your request of anonymity if You choose to be anonymous when I display my Work.
  227.  
  228. d. I may only use my Work for Commercial Purposes if You have explicitly agreed to such and have given Myself digitally and or physically signed permission to do so.
  229.  
  230. e. I may grant permission for third parties to show and display my Work.
  231.  
  232. f. I cannot sell, exchange, or gift my usage license.
  233.  
  234.  
  235.  
  236. 8. Your Usage Rights
  237.  
  238. a. Upon creation of my Work that You have Commissioned, Traded for, or Requested, You obtain a usage license for the work. The usage license is made up of this section (7. Your Usage Rights) as well as the first section (1. Definitions), and the last section (9. Miscellaneous).
  239.  
  240. b. You are allowed to show and display my Work both online and in person, except for on the websites specifically listed in Section 9, Point o.
  241.  
  242. c. You may ask to be anonymous when I show and display Work that You have Commissioned, Traded for, or Requested.
  243.  
  244. d. You may only use my Work for Commercial Purposes if I have explicitly agreed to such and have given You digitally and or physically signed permission to do so.
  245.  
  246. e. You may grant permission for third parties to show and display my Work.
  247.  
  248. f. You may not edit my Work without my permission, save for resizing it, Watermarking it, or changing the file extension (from .png to .jpg, for example).
  249.  
  250. g. You may not remove my signature from my Work.
  251.  
  252. h. You may not claim that You made my Work, or that any third party made my Work.
  253.  
  254. i. You must always credit Me if You post my Work online or display it in person. This credit must take place in the form of a link to my website (https://babbage.carrd.co/), as well as a link to my presence on the Platform You are displaying my Work on if applicable.
  255.  
  256. j. You may sell, exchange, or gift your license if You had Commissioned or Traded for my Services to obtain it. It is assumed that when you sell, trade, or gift your design or character, the usage license I granted you goes along with it. The license does not possess any value beyond what You had Commissioned or Traded for.
  257.  
  258. k. You may gift your license if You had Requested my Services to obtain it. It is assumed that when you sell, trade, or gift your design or character, the usage license I granted you goes along with it. The license does not possess any value.
  259.  
  260.  
  261.  
  262. 9. My Personal Work & Commissions to Others
  263.  
  264. a. Only I hold the copyright and license to my Personal Work unless otherwise stated.
  265.  
  266. b. If I Commission, Trade for, or Request Services from You, or buy your Bases and or Adopts, I will abide by your Terms of Service.
  267.  
  268. c. If you approach Me for my Commissions, Trades, Requests, or Adopts, I will not abide by your Terms of Service. You must follow my Terms of Service.
  269.  
  270.  
  271.  
  272. 10. Miscellaneous
  273.  
  274. a. By Commissioning, Trading for, or Requesting my Services, or participating in a Design Trade, you verify that you have read this entire Terms of Service.
  275.  
  276. b. By Commissioning, Trading for, or Requesting my Services, or participating in a Design Trade, you verify that you are of 18 years of age or the age of majority in your jurisdiction and are not a minor, nor acting on the behalf of a minor.
  277.  
  278. c. I reserve the right to refuse a Commission, Trade, or Request from You for any reason.
  279.  
  280. d. I reserve the right to change this Terms of Service at any time for any reason, with public notification.
  281.  
  282. e. The version of these Terms of Service that was active when you Commissioned, Traded for, or Requested my Services is the Terms of Service by which You agree to abide by for those specific Works by default. You may agree to updated versions of my Terms of Service if you prefer.
  283.  
  284. f. Breaking any of my Terms of Service may result in Me posting a Beware about your actions and adding You to my public Blacklist.
  285.  
  286. g. You may not Commission, Trade for, or Request my Services if You have been notified that you are Blacklisted.
  287.  
  288. h. You may not contact me if you have been notified that You are Blacklisted.
  289.  
  290. i. You may not aid Blacklisted individuals attain additional licenses to my Work, nor Commission, Trade for, and or Request my Services on their behalf.
  291.  
  292. j. You will not lose your license(s) to my Work for being Blacklisted.
  293.  
  294. k. You will be immediately Refunded as soon as possible if you are Blacklisted before a Commission or Trade is completed. You forfeit all usage rights. In the case of a Trade, I forfeit my own usage rights of your Work if You had finished it or sent incomplete Work.
  295.  
  296. l. You forfeit all usage rights if you are Blacklisted before a Request is completed.
  297.  
  298. m. You may be Blacklisted for displaying the following behaviors and refusing to change these specific behaviors: Ableism, Ageism, Acephobia/Aphobia, Biphobia, Fatphobia, Homophobia, Intersex Discrimination, Nonbinary-phobia, Non-Monogamous Discrimination, Purposeful Misgendering/Deadnaming, Queerphobia, Racism, Religious Discrimination, Revenge Pornography/Image Based Sexual Abuse, Serophobia, Sexism, Transmedicalism, Transphobia, Xenophobia.
  299.  
  300. n. You may not show and display my Work anywhere if you do not possess a license to my Work or have explicit permission from Myself or the other license holder of the Work. You must always credit Me if you post my Work online or display it in person. This credit must take place in the form of a link to my website (https://babbage.carrd.co/), as well as a link to my presence on the Platform You are displaying my Work on if applicable.
  301.  
  302. o. You may not use my Work for Commercial Purposes if you do not have a license to the Work, and or if you do not have my consent.
  303.  
  304. p. You may not submit my Work directly to the following websites, subdomains of these websites, and websites owned by companies and or individuals associated with these websites: 4chan.org, 8kun.top, bad-dragon.com, e621.net, f-list.net, furrynetwork.com, gab.com, kiwifarms.net, spinster.xyz
  305.  
  306. q. You may not resize, convert file types of, Watermark, or otherwise alter my Work if you are not a license holder, and if a license holder did not submit my Work to your website or Platform which automatically resizes, converts, and or adds Watermarks to files as a part of the submission process.
  307.  
  308. r. You may not copy or alter this Terms of Service for your own use without Babbage's permission.
  309.  
  310. s. Your sole intentions of interacting with Babbage, Babbage's Work, and this Terms of Service is to find out about Babbage or Babbage's Work and or how to get some of Babbage's Work, and you are engaging in good faith.
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