* TERMS OF SERVICE *
ADOPTS & CUSTOM DESIGNS
When buying, trading for, or otherwise obtaining a character design made by me, NACHTKERN, you agree to the following rules:
- Credit & Usage: credit me as NACHTKERN (neocities/Toyhou.se/Tumblr) or boblitt (Art Fight), preferably with linkback or tag, for the design and original artwork. You can otherwise share, use, and edit the original artwork however you want, with the exception of commercially/for-profit. You can use the design itself commercially/for-profit (ex. in a game or monetized video) with clear credit; but not my artwork without explicit written consent. Don't use my character designs in a Pokémon(-inspired) project or as 'fakemon' without my explicit written consent (but feel free to ask). Don't alter or use my artwork with genAI or other machine learning models, nor use it to train one. Don't remove my signature from the original artwork.
- Ownership & Transferrals: once the design is yours, you're free to sell, trade, or gift it away to someone else. You don't need to let me know. I ask* that you don't sell the design for more than you originally bought it for, but I can't realistically require or enforce this. When transferring the design to someone else, make sure to include credits for the design itself and any art that comes with it. It would be appreciated if you show this TOS to the new owner, too.
- Changes: once yours, you are free to change the design however you want. You may draw on the original artwork I made for the design. I can give you the original working files for editing if you ask (if I still have them).
- Refunds & Returns: my regular commission terms on refunds apply to designs/reference sheets made in commission. I don't refund or buy back premade designs/adopts, but you can try reselling it to someone else if you want your money back. You can return a design you no longer want to me (if you really want), and I retain the right to resell/trade/gift it, including for more than you originally bought it for.
- Exceptions: if you received a design as part of something that has its own set of terms (ex. an event, Art Fight), those terms take precedence over this TOS. If you received a design under an older TOS, you can choose to follow the old TOS or use the new one. (The new TOS is less strict.)
These terms are in effect as of June 2026 and apply to any adopt/design obtained from me from that point on. When selling/trading/gifting one of my designs to someone else, these terms also apply to the new owner.
If you don't agree with the terms, please don't get a character design from me. If you already have a design but no longer agree with the TOS, I'd appreciate if you gave away or sold the design to someone else, or don't use it. I obviously can't demand or enforce that though. I'm just asking nicely. :p
--NACHTKERN
* I agree that if additional art is made for a character design (whether by you or others), that affects its value; the next person to buy it is getting more than what you got when you originally bought it. And I generally believe that people are free to ask whatever they want for something they now own, regardless of additional art; if you bought it for $5 and want to ask $200 it, and someone else wants to spend $200 on it, that's a fair exchange and doesn't really have anything to do with me.
The reason I still ask you don't resell for more than you originally paid is that as much as possible, I want my designs to go to people that will like and enjoy them. I don't want them to go up in value and end up turning to currency passed around against other, more expensive designs, or only be for people who can afford to spend lots of money on adopts. My artwork and designs were meant for fun, not for profit.