The following terms are current as of August 12, 2022.

Payments

The following terms apply to payment, which may be required to obtain an EvoCrit adoptable:

  • Any payment must be made in full before an adoptable is considered "sold".
  • Acceptable payment types and amounts will be visible on the character's page. If paying in real life currency, United States Dollars (USD) are required.
  • If paying through PayPal, Stripe, or Square invoices, a valid email to send the invoice to is required.
  • If the required payment is over $100, the payment may be able to be made in installments.  This is determined on a case by case basis.

Ownership

The following terms apply to ownership of adoptables which have been purchased or otherwise obtained:

  • Designs are owned by the purchaser (or otherwise, user who obtains them), and can be transferred following the transfer rules (see "transfers") as long as both parties have a non-banned EvoCrit account.
  • Copyright belongs to aquapyrofan in the case of their designs and guest designs, and to the original designer in the case of MYOs or Design Slot designs.
  • Designs require a non-banned EvoCrit account to own:
    • In case of banning, aquapyrofan's designs and guest designs will revert to being unowned and will be redistributed as chosen by aquapyrofan.  MYOs and Design Slot designs are required to be voided (see "voiding" below).
  • Designs which are too closely based on copyrighted/trademarked materials will either need to have the inspiration stripped, genericized, or be voided, determined on a case by case basis.

Previous Designs

All EvoCrit-related designs which were obtained prior to these Terms will also be subject to them upon agreement. A design is EvoCrit-related if it is part of a project or species which is currently part of EvoCrit.

Usage

Characters created for EvoCrit projects are permitted to be used in:

  • The project they are created for
  • An ARPG or similar setting if allowed by that setting.
  • Authorization to consider interactions between characters from different species and/or projects canon to the character and/or setting is determined by EvoCrit administration.
  • For personal use (e.g. creating art of and use of the character which does not earn the user money)

World Status is used as a shorthand to denote whether such authorization may be granted:

  • Inaccessible World: Authorization will never be granted, under any circumstances.
  • Isolated World: Authorization may be granted, for specific settings. These specific settings will generally be listed on the project.
  • Restricted World: Authorization may be granted, pending certain criteria, and on direct request to EvoCrit administration.
  • Accessible World: Authorization is automatically assumed to be granted, however there will be rules about when this authorization is not granted, or if the authorization is changed.

Regardless of whether authorization is granted, you are able to commission or create images, etc. with other characters, just note that non-canon images will not count for project currency and images should still not contain content that is not allowed for the species/project.

Characters may not be used commercially (e.g. selling the character, or physical items or art with the character.  Commissions are exempt from this.).

You may not use an EvoCrit character which is not approved or was yours when your account was banned in any way.

Changes

Much of the characters' designs are set in stone at the time of their creation, to maintain consistency with the source material on their evocrit.com source. However, under certain circumstances, users may be permitted to make certain changes to the designs of the characters they own, limited to:

  • Minor wardrobe or outfit changes, if the outfit is not a key component of the project or species, and pending approval by EvoCrit administration.
  • Changing hairstyles, if the hairstyle is not a key aspect of the project or species, and pending approval by EvoCrit administration.
  • Addition or removal of accessories, if they do not play a key role in the project, species, or source material, and pending approval by EvoCrit staff.
  • Changing a part of the design which is a key aspect, where allowed in the project, and pending approval by EvoCrit staff.

Any changes not expressly listed are forbidden, unless explicitly pre-approved by EvoCrit administration.
Key aspect or role is defined as anything that affects the character's abilities, how they are perceived by those around them, or anything that is integral to the character's species (for example, a Hood Pup's hood). Changes can be requested by contacting aquapyrofan (or emailing admin@evocrit.com). Changes related to any project can be requested through the project, once the criteria listed for that change are met.

Characters may not be changed to the point where they are unrecognizable from the original design.

Should major changes to the traits or structure of a species or project occur, any characters related to that project or species will have their appearances adjusted accordingly, and all future materials involving such characters should reflect that.

Transfers

The following terms apply to transfer of designs:

  • Characters are allowed to be sold for real world currency, (but not any currency which can be transferred to or purchased using real world currency).
  • This includes "vouchers", where the trade involves purchasing art, characters, or other goods or services to trade for the character.
  • The rules for this are as follows:
    • Value will be appraised at 80-120% of the value of the art and design.
    • Value can be appraised using receipts (for art purchased from others) and/or commission prices (for art created by the user trading the design) by sending an email to admin@evocrit.com or messaging aquapyrofan on Discord or Toyhouse.
  • Characters are not allowed to be sold or traded for any offsite currency, items, or goods of any kind where disallowed by TOS (i.e. Flight Rising).
  • Characters may be traded onsite or through EvoCrit-related communities, for any EvoCrit currency, character, or item, or offsite characters, as long as the trade rules are followed.
  • Characters may be traded or gifted offsite, as long as the trade rules are followed and aquapyrofan is notified of any ownership changes.
  • Characters must be traded or gifted to users of this site.
  • Trades may not break the TOS or rules of another website, artist, or other entity.
  • Unfair trades, or trades where the value of one side of the trade vastly exceeds the other are not allowed (including for EvoCrit items or currencies).  If considering an unfair trade to give someone items, characters, or currencies, gifting is a better option.
  • Breaking trade rules may result in administrative action.
  • In order to sell or transfer to a user, they must have a non-banned EvoCrit account and must disclose their username to the seller or previous owner before payment is obtained.
  • The seller/previous owner must inform aquapyrofan that the design has been sold or otherwise transferred, so that the masterlist can be updated.
  • The masterlist is considered the most up to date record of ownership - if a user is not listed on the masterlist as the owner, they do not own the design.
  • Designs may not be sold for cryptocurrency.

Guest Artists

The following terms apply to guest artists, users who have been approved to design and sell or otherwise distribute EvoCrit designs as an official designer:

  • Guest artists must have a non-banned EvoCrit account to be chosen.
  • If a guest artist is banned, their term as a guest artist immediately ends.
  • Guest designs may not be heavily based on copyrighted or trademarked materials, and will need edits if they are.
  • Designs must be approved by aquapyrofan in order to be sold or otherwise distributed as guest designs.
  • Guest artists come in two varieties:
    • Temporary guest artists are allowed to create designs for a limited period and are limited in the number of designs they can create within that period.  Temporary guest artists must send aquapyrofan 25% of any profits they make (if design is sold for real life currency).
    • Permanent guest artists are allowed to create designs for an indefinite period, and are limited in the number of designs they can create per month.  Permanent guest artists must send aquapyrofan 15% of any profits they make (if design is sold for real life currency).
  • Designs may not be sold for cryptocurrency or minted as NFTs.
  • Designs created as a guest artist must only follow these terms, and not have additional terms.

Account Termination/Banning

The following terms apply to account termination (deletion) and banning:

  • Banning or account termination are a result of Administrative Action.
  • Administrative Action may be taken for any of the following reasons:
    • TOS violation in any EvoCrit-related project.
    • TOS violation on any evocrit.com site
    • TOS violation in an offsite EvoCrit-related community.
    • Violations of conditions on continued use after EvoCrit administrative action.
    • Violations of intellectual property rights related to any EvoCrit or Aquapyron project.
    • Spamming, flooding, or botting.

MYOs

The following terms apply to designs created through the "Make Your Own" system:

  • There are two types of MYO:
    • Turn-in events, where users are given a specific timeframe to complete and turn in a design, then pay after the design is turned in.
    • Slots, where users have a slot in their MYO Slot inventory and turn it and the design in to be approved.  Slots never expire, and can be bought with USD.
  • Turn-In Specific Terms:
    • Designs which are not paid for within 24 hours after the invoice is sent will not be approved.
    • Allowed traits will be listed in the turn-in event post, and may include options to buy additional traits.
  • Slot Specific Terms:
    • Slots can be transferred similarly to finished designs.
    • Allowed traits will be listed on the slot itself, this may include a specific rarity or be as specific as a list of traits.
  • General terms:
    • Finished designs can be voided, in which case all species identifying traits must be stripped; the design's masterlist entry and associated slot will be deleted from this site.
    • Voided designs cannot be reinstated.
    • Designs must not be heavily based on any extant character or non-EvoCrit intellectual property.
    • "MYO" designs are not permitted to be posted publicly outside of EvoCrit approval or help channels until they are approved.
    • Users are permitted to use the characters they create through these "MYOs" in the Aquapyron or EvoCrit project they were created for, as well as any related projects and non-Aquapyron projects per EvoCrit rules (see "Use").
    • Characters must not violate intellectual property rights of any individual or company and must not be based on existing characters.
    • All other EvoCrit Terms apply.

Design Slots

Design Slots follow similar terms to MYOs.

Customs/Semi-Customs

In the case of customs and semi-customs, where a design is created with some input from a user:

  • Anything heavily based on or using the name of a trademarked or copyrighted property will be stripped or, if possible, genericized.
  • Anything breaking the Content Guidelines will be stripped.
  • Anything impossible for or contradicting guidelines of the species or project will be stripped.
  • EvoCrit administration reserves the right to take minor creative liberties with requested details in a semi-custom, or custom.

Offsite Usage

Owners are allowed to create or commission art or literature of any character at any stage of development that the character has reached or passed.

Proper credit must be given for designs, art, and other materials. This is in the format of "Art by (Username)", "species owned by (Username)", etc. Any posting of such materials should not imply ownership beyond the scope of these terms (for example, "character © me", for an aquapyrofan-created design as the copyright is owned by aquapyrofan). Where possible, you must ping aquapyrofan in the credits. This is so it's easier to keep track of what has been posted where.

Posting the original art or materials, including materials from EvoCrit and materials posted by EvoCrit administration on other sites, on any site aside from Toyhou.se or Art Fight can result in administrative action on the account in violation of these rules, but will generally result in a warning first (unless several pieces have been uploaded). Exceptions may be granted, with the explicit pre-approval of EvoCrit administration.

Licensees can freely post EvoCrit characters to Toyhou.se, provided they list aquapyrofan in the "Creator" field (through the "On-Site Creator" option) and credit any art properly.  Owners may also freely post EvoCrit characters to Art Fight, provided they credit correctly, link accurate species sheets where available, and tag them with the "evocrit" tag. Failure to properly credit may result in administrative action.

Content Guidelines

The following content is barred from EvoCrit in all forms, with no exceptions:

  • Drug references and drug use
  • Illegal content (including intellectual property violations)
  • Mature content, including but not limited to sexually explicit content
  • Hate speech or symbols
  • Harassing content, public call-outs or "PSAs", and drama-inciting content

Certain projects may restrict the following content, which will be listed in their rules:

  • Alcohol references or use
  • Gore
  • Violence

Content which breaks these rules, depending on type, severity, and number of infractions, may receive the following administrative actions (or others not listed) as applicable:

  • Removal of a user's submission
  • Removal of all of a user's submissions
  • Removal of a user's avatar
  • On-site warnings
  • EvoCrit account suspension, banning, or termination
  • Legal action or reporting to legal authorities

To report someone in violation of these rules, please send an email to admin@evocrit.com with any relevant information.

Exploits and Loopholes

Using glitches, bugs, or unexpected effects from code ("exploits") to deliberately gain items, project currency, or any form of unfair advantage is forbidden. Exploits will be patched when possible, and can be reported (along with suspected abuse) to admin@evocrit.com or through a ticket in the EvoCrit Discord server.  Additionally, other methods of gaining an unfair advantage or doing things which are unintended, such as cheating, scamming, or abusing loopholes in the rules are forbidden. If a user is found to be cheating, scamming, or intentionally using exploits to gain advantages, their account will be banned or terminated.

We reserve the right to update these terms without advance notice.
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