Terms of Service

Created: 29 December 2020, 19:35:39 EST
Last updated: 11 March 2021, 17:33:02 EST

The information below is our Terms of Service. By creating an account you are automatically adhering to our TOS. We hold the right to also revise and adjust the TOS if needed
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PURCHASING A SCARFOX (AUCTION, CUSTOMS, MYOs)

1.During a sale, a bidder is not allowed to hide, edit or remove their comments. If you have made a mistake, please notify the Administrative Artist hosting the sale to remove it for you if they have not done so already. If you are caught hiding your comment with the means of withdrawing your bid without notifying the host you will receive a warning. If such occurrences persist on 3 separate occasions, you will no longer be allowed to participate in sales.

2.Back-charging will result in an Automatic Ban

3. All sales that require purchase with real currency will require that the buyer is of legal age to own a personal Paypal. (18+ Years)

4. The price of all Official Scarfox designs will never exceed $500 unless there is an OTA event.

5. All payments will be made in USD unless stated otherwise and must be made via Paypal. Invoices will be sent by Official artists.

6. You are only allowed to be committed to 1 payment plan at a time. You must complete a previous payment plan if you wish to participate in a new one.

7. All Scarfox events (Auctions, Flatsales, Resales, Trades, Etc) will only be made and organized through Deviantart! Scarfoxs that are being sold/traded/swapped on others sites or media are not considered official and we urge all members and non-members to take caution. All transactions must also be notified by our Masterlist for them to be considered an official transaction. This rule will be altered when the official website is completed and all Scarfox events can be hosted on the site.

8. Scarfoxes are a closed species. You may not make your own without explicit permission or without an MYO Slot (Make your own) given by the Creator or Authorized Mod. The design will be considered unofficial and will not be allowed in the group or be allowed to participate in group activities.


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Payment Plans

1. We will make NO exceptions to these rules.

2. We can offer a payment plan option on all sales exceeding $250 unless stated otherwise.

3. Please make sure you are not bidding more than what you can pay within the allowed time frame:
 - Payment plans must be completed within a month unless stated otherwise.
 - Payment plans exceeding $500 are allowed to take up to 2 months.

4. A minimum down payment of $100, must be provided within 24h from the auction ending.

5. Do not send any direct payments, we will send you the invoices.

6. You are only allowed to be committed to 1 payment plan at a time. You must complete a previous payment plan if you wish to participate in a new one.

7. If you are unable to complete a payment plan for any reason:
 - You will be refunded, however, 20% of the amount you currently paid will be deducted from your refund to cover fees and damages.
 - You will receive a strike (3rd strike results in a ban), and won't be allowed to commit to a payment plan for the next 6 months.



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Custom procedures

1. If you have received a custom slot you will be required to fill out an order form which will be provided to you by the individual artist.

2. Progress work on a Custom will only begin when the full payment has been received.

3. The prices for Customs are the same across all Official Artists that are permitted to create customs. No customs must exceed $500. If the price of a custom is quoted to exceed over $500. Please notify a mod.

4. After you will receive a sketch for approval where changes can be made to the appearance of the design regarding the accessories, design, and concept components ONLY. Once this is approved the designated artist will go on to provide a colored sketch or image for you to look at. Here you may request changes to the colors ONLY. (The Patterns, Marking placement, Color additions or changes). Afterward, the design will be completed, approved, and uploaded to the master list. If there were any missed details or features you may make minor tweaks to your own personal artwork. These will have to be approved later however and do not include adding entire traits. (Ex: Claws on a Scarfox)

5. You may NOT sell a custom/slot that has not been completed yet. If you have purchased or are waiting for a custom that is yet to be completed by either Administrative artist you must wait for the design to be completed before selling or trading it. Please be aware that there is a cooldown period. Visit the "Selling and Trading" section for that information.

6. We reserve the right to Refuse and or Cancel your Custom for any reason at any time if we are met with an unfavorable, uncomfortable, or pressuring situation. Rejected, Refused, or Canceled customs that were paid for will be refunded. Customs for trades will not be compensated in any way and your end of the trade will be returned to you.

 

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Myo (Make Your Own) Guidelines

1. Upon receiving an MYO Slot, you have been authorized to create 1 Scarfox per slot.

2. Unused MYO slots may NOT be Resold, Traded, or Vouchered for. They are bound to their owner until the design is approved and uploaded to the masterlist. If they are found out to be Resold, Traded, or Vouchered for the Slot will be automatically voided.

3. There is a maximum of 4 Traits upon the completion of an MYO Scarfox or a Custom Scarfox. Potions can be used to exceed the maximum traits that can be used after creation and approval.

4. You MAY pay someone to design your Scarfox MYO. (This will add to the Scarfoxes "Original Value" a receipt with a clear indication of the date of payment will be required for proof.)

5. All MYOs MUST be approved before you upload them to DeviantArt. DO NOT UPLOAD YOUR UNAPPROVED OR PENDING APPROVAL DESIGNS TO THE PUBLIC. Failure to abide by this rule will result in a firm warning and a request will be made to remove the image until the approval process is finished.

6. MYOs will need to go through an approval process. We highly suggest NOT merging your layers in the case that we ask for changes to be made. To have the approval process go as smoothly as possible providing 2 WIPS to the Team (A Sketch then a Colored Image) would potentially cut the number of revisions needed to be made.

7. Please make sure to view the trait sheet to choose the traits available for you. (MYO Slots will list the number of traits and the tier rarity you have access to).

8. You ARE allowed to make your own personal Pre-Existing OC into an MYO Scarfox if you are in ownership of a slot. HOWEVER, you agree and are aware that both designs are PERMANENTLY locked together. You absolutely may NOT sell one design and keep the other. If one design is sold, both designs are sold. Alternate forms will be registered and listed in the Masterlist entry where they can be displayed for record purposes and to the public. If one design is sold and the other is kept, the Scarfox form will be voided and it will no longer be considered an official design. [Disclaimer: The Scarfox-Realm will NOT attempt to obtain the ownership of your own personal character if the Scarfox version is sold separately. You retain all rights to the original character you created. The Scarfox version will be voided to avoid the circulation of replica designs. For clarification purposes, the voided Scarfox design will no longer be recognized or usable within group activities or events.]

9. Designs that are very likely to be rejected if not automatically rejected are:
  - Designs based on Official copyright characters. (Disney Characters, Anime Characters, TV show Characters, Etc.)
  - Designs containing Trademarked Names or Logos. (Video Games, Music Bands, Etc.)
  - Any MYO that is traced or heavily referencing a pre-existing design. Do not trace people's existing artwork that is not free to use to create your MYO, you will be asked to redraw it.
  - Any designs portraying offensive material or content. ( Racism, Homophobia, Transphobia, Nazism, Supremacy of any kind and potentially more )

10. Scarfox bases can be used to create MYOs, but please provide proper credit of the base when submitting your MYO for approval

 

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Owning a scarfox

1. You may give your purchased adoptable/ design personality, history, and name and make MINOR changes to the design. All Design changes MUST be approved by Darci or the moderators.

2. Alterations must remain insignificant enough to where the original adopt is still recognizable. The main concept and traits of the adopt MUST still be present.

3. Your account must be six months old to participate in sales.

4. Any redesign approvals must be noted to the Scarfox Masterlist account. Please do not note a mod directly.

5. You understand that you only have Partial Rights to a design. Darci (or applicable guest artists) still retains copyright over their work. Such things may not be limited to the right to distribute, reproduce or use images for self-promotion. Rights to intellectual property will be maintained, however, a specific design will not be resold for personal or commercial projects.

6. You may NOT use Scarfox for commercial projects that will result in a personal profit. This includes, but is not limited to Books, Comics, TV shows, and games. You are not allowed to make a profit from owning a design in any way, shape, or form.

7. When trading or receiving a design, the masterlist MUST be contacted. We really would like to keep track of all the Scarfoxes!

8. Commonly Scarfoxes are given powers and ability after being purchased. However to keep things equally fair between the community we do not allow "God Mod" in any way while participating in group activates. More information about powers and abilities will be explained at a later date.

9. Co-owning is allowed but the primary owner is the only one allowed to determine sale/trade/change of ownership. If two owners split the payment then the secondary owner is allowed to resell their portion of value to another but only for that amount (i.e. Fox is worth 400 but they only paid $200, then you can only resell your side for $200). Consent must be given by both owners.

10. Any NSFW content is not allowed on the website. NSFW art/literature is strictly prohibited from being submitted for crystal count

 

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Offbrander vs. unknowning bystander

 The definition of an Offbrander is someone who creates designs based on pre-existing CS and sells them for profit and/or personal intent. Offbranders will also go against Rules/TOS in creating and selling "Offbrand" designs knowing the consequences.

 The definition of an Unknowing bystander is someone who is unaware of the existence of the Scarfox CS and finds it through google images, Pinterest, or any other media where CS has little prevalence. "Offbrand" scarfoxes created by sheer interest are created by an Unknowing Bystander are not considered an Offbrander.

 The difference between an Offbrander and Unknowing Bystanders is awareness and intent.

1. Scarfoxes are not responsible for all second-hand transactions (sales, trades, swaps) with Offbranders or Unknowing Bystanders. We encourage everyone to check the Scarfox Masterlist for the status of a Scarfox in Question

2. Unofficial Scarfoxes can be made official with the purchase of an MYO slot and approval by the Staff. Approvals are case by case to prevent Offbranders from entering the community and yet giving chances to Unknown Bystanders.

3. If a Scarfox Community Member has an Offbrand and an Official Scarfox, please refrain from showing any part of your Offbrand within the species group and discord including in art events.

4. Scarfox members (including Mods), please refrain from interacting with Offbranders if you spot them selling or making designs. This is to prevent any complications with the Offbrand community. If you're seen attacking an Offbrander or causing a problem you will receive a warning and if it persists you will receive a strike. We do not want another repeat of what recently happened. **Any harassment will be punished. ** If you are approached you have the right to block.

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Trading and selling a scarfox

DUE TO REPORTS OF MEMBERS BREAKING TRADING/SELLING RULES, WE WILL NO LONGER GIVE ANY WARNINGS AND ALL PARTIES INVOLVED IN THE TRANSFER WILL RECEIVE A STRIKE. IF YOU HAPPEN TO GET THREE STRIKES, YOU WILL BE TEMPORARILY BANNED FROM ALL ACTIVITIES IN THE ARPG INCLUDING THE DISCORD FOR SIX MONTHS.
BREAKING THE RULES AGAIN WILL CAUSE YOU TO RECEIVE A PERMANENT BAN FROM THE GROUP, DISCORD, AND ARPG WEBSITE. IF YOU OWN A SCARFOX AND YOU'RE PERMANENTLY BANNED, YOU WILL NOT BE ABLE TO TRADE FOR ANOTHER SCARFOX AND YOU WILL NOT BE ABLE TO SOULBIND THE SCARFOX YOU ARE CURRENTLY OWNING. 

 

1. When selling, the asking price may NOT exceed the total resale price of the Scarfoxes sale. The prices of each Scarfox are listed in their Masterlist entry for record purposes and to prevent scalping and scamming. Please resale accordingly.

2. You MAY sell a Scarfox you received in a Trade, However you must still abide by the previous rule which states the sale price may not exceed the Scarfoxes original price.

3. When exchanging a Scarfox for Real Life items, the above rules still stand. You may only ask for items that are less than or equal to the amount you paid for your Scarfox. Please be considerate and refrain from asking for excessive amounts of items that are obviously not the same value as the purchased design. Vouchers are considered exchanges and should not exceed the Scarfoxes original amount.

4. Completed commissioned content may be added to the "Original Value" of the Scarfox. To do this, you must provide proof of all commissioned items to be added. Any items without proof will not be accepted and will not be added. Personal artwork, art received from DTAs/DTR's, art trades or gifts will NOT be added to the overall value.

5. If you are having issues that include but are not limited to: being solicited, bullied, harassed, or pressured about selling or trading your design please send a note to the group.

6. Referring back to the previous term: Do not harass, whine or beg, solicit others for a Scarfox that is not for sale or trade! If you are reported to any Admin about this you will receive a warning. If this persists more than 3 times you will be banned from any future Scarfox related content. Do not beg the admins for a scarfox.

7. All Exchanges with others are considered final. Admins are not responsible for trades or sales with other members that are no longer desired. Please take deep consideration when Selling or Trading your Scarfox! (However, if a Sale or Trade violates any of the ToS it will be voided and all characters will be returned to their original owners. If the situation pertains to it, the party/individual at fault will be banned.)

8. Scarfoxes will now have a trading cool down. This rule has been implemented to tone down designs being used as trade fodder:
  - Trading Cooldown:  Any Scarfox obtained secondhand or from official auctions, FTOs, MYOs and Customs will now have 2 months cool down. This rule has been adjusted to tone down designs being used as trade fodder, scalping, and potential scamming. Now that Scarfox has to potential to be sold for more than the original price, this adjustment was necessary. Please take this cool down into consideration when purchasing/trading a Scarfox! Understand this is to keep the sales and auctions fair and safe for everyone! Each trading cooldown will be listed on the masterlist and will show when they can be transferred.

9. Do not transfer your scarfox on other platforms such as Instagram, Toyhou.se, Facebook, etc, BEFORE sending in a transfer request. The Staff does have different social media and if found doing such a thing, parties will end up getting a strike. 

10. Do not do any trades during the months that the ARPG is on break. The transfer request will be closed and we will not respond to any e-mails requesting trade transfers, your message will be ignored. 

11. All loopholes in order to trade MYOs will be accounted for now as a strike. Loopholing the rules is not allowed, due to this constant issue we are now watching out for loopholes in our rules especially our trade rules. 

 

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Updating the Masterlist 

 Every single owner is REQUIRED to update the Masterlist after any transaction.

1. The only person authorized to Trade or Sell a certain Scarfox is the owner listed on the Scarfoxes Masterlist entry. There is no leeway for this rule. Do not put up journals or posts selling your friend's Scarfoxes and whatnot. Please allow them to do it.

2. Steps to updating a Master list entry.
  ↳ 1) Both parties (primary owner) and the person re-purchasing/trading must both comment on the masterlist section: SALE/TRADE LOG
  ↳ 2) Both parties when commenting to confirm and authorize resale and/trade they must provide proof of resale/trade & original proof of purchase (if available)

 Failure to comply with the rules:
 Please understand these rules are to protect our community and future members. We do hope the rules above are taken seriously so no individuals have to experience the consequences below. We do understand that species, such as scarfoxes, are dealt with under the table and rules like this are to avoid those behaviors and to protect our members.
  ↳1) If a journal containing an Official Scarfox is put up and you are not the listed owner, you get an authorization warning by the Masterlist account saying that they do not have the authorization to sell that fox and that whoever bought/traded the Scarfox will not be recognized as the owner.
  ↳2) Failure to comply **more than 3 times** will result in a ban. Do not attempt to sell or trade someone else Scarfox for any reason.

 

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Masterlist Label guide

  • Every design will have a label of some type that describes the Scarfoxes monetary worth and tradability. Please refer to the following examples if you are confused.

    1."Original Value: $"- This is the original recorded value of the scarfox obtained through the sale.

    2. "Commissioned Value: $" - This is the content that was commissioned and was provided with PROOF that the amount could be added.."No

    3. "Value/Cannot be Resold" - This Scarfox has been obtained via a free or ulterior method and does not have any commissioned content added to the overall value. It may be Traded Only.

    4. "Bound to Owner" - This Scarfox is not allowed to leave the owner's possession by ANY MEANS. No Resale, No Vouchers, No Trading. To request soul bound you must:
    • Have owned the Scarfox for a minimum of six months
    • Ask the original artist for the request
    • Know that this is bound - you will not be able to resell the fox at a later date it is permanently banned to you
    • The rules still apply above that you only have partial rights to the design and will not be allowed to use them for commercial profit (books, video games, etc).
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Intellectual property rights

1. Darci maintains all Intellectual Rights to the Scarfox Species. You are not allowed to create, sell or provide Scarfox Content without her permission.

2. When purchasing, you are only purchasing labor and content. The customer does not receive rights to the species itself. Only towards that specific character.

3. Whenever using official artwork anywhere, please credit and provide a link to the proper Administrative Artist!

4. Any attempts to create, sell or provide non-official content to the public without being approved will result in being ban.

5. The Closed species, website, and community are for ages 16 and up. Any NSFW or 18+ content is strictly prohibited on any Scarfox species platform

The team will no longer be responsible for handling reports about character similarities. Please refrain from writing a report about these occurrences as the best advice we can offer is to pay no heed to them. However, If you have concerns about someone tracing or stealing a pre-existing design in any way, shape, or form please message the group. We take theft seriously.

 

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Code of Conduct

 In order to make the community a fun and safe space for everyone, please follow our Code of Conduct. Our Code of Conduct includes behavior in mediums were Scarfoxes are (Deviantart, Website, Discord, TH) and aren't (Twitter, instagram, etc.)

1. Do not harass, stalk, or dox anyone

2. Do not use transphobic, sexist, racist, bigoted, or any words, terms, conversations, attitudes, etc.

3. No rude, hateful language directed any anyone

4. Please be mindful of spoilers, trigger warnings, etc.



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Warnings & Bans

 We want an enjoyable community for everyone and do not wish to blacklist anyone. Please understand that the warnings and ban are to protect our community members and administrators. Thus we reserve the right to do the following and by owning or purchasing a Scarfox in the future and you agree to all possible consequences or confiscations if the ToS is Violated. Each situation is handled on a case by case basis backed up by proof and evidence.

Any violates against our TOS + Code of Conduct on any media (our website, discord, dA, instagram, twitter, etc) will subject you to warnings or bans

1. If a user has been banned or under warning, PLEASE do not harass them, contact them, attempt to stir up trouble, or be rude to them in any way. A banned or warned user is the result of a situation admins have already taken care of. There is no need to personally involve yourself in any way. Users who are reported or caught "adding fuel to the fire" will receive a warning. If repeated harassment is continued said User will result being banned as well.

2. Banning will work on a 3 warning system.
  - You will receive a warning from an admin or moderator to stop any behavior or actions that violate the terms of service and rules. Repeated actions such as public/private harassment of any kind will result in being banned.

3. The following are examples of what actions will result in receiving a Warning ( Note on Deviant Art):
  ↳ 1) Soliciting members for their characters that are not up for trade or sale.

  ↳ 2) Soliciting members publicly requesting them to purchase things for you.

  ↳ 3) Tracing Existing artwork.

  ↳ 4) Stealing an existing design. (If this is done more than once, you will be automatically banned)

  ↳ 5) Creating a Scarfox (without an MYO) and attempting to pass it off as an official design.

  ↳ 6) Attempting to proxy content specifically meant for FTO's which includes creating new accounts to purchase FTO Designs or participate in future FTO Raffles, DTAs, or FTO Events. (If this is done more than once, you will be automatically banned).


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Backcharging

Back-Charging an Administrative Artist or another member will result in that specific character being unlisted or void as the owner on the official scarfox masterlist. You are not allowed to keep a character you didn't pay for. A character originating from an auction or sale will be resold accordingly. If you Back-charge or scam a member in any way the character will be returned to them at no compensation to the scammer.

This is the ONLY event in which we will unlist or void a character. If you are banned for alternate reasons you are still allowed to keep, trade, or resell your fox, however, you will be unable to come into ownership of a new scarfox.

 

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Mental Health & Wellness

 Scarfoxes and its staff are creating an initiative to combat issues in the Closed Species communities that affect mental health and therefore the Staff open and aware of mental health. We understand that there is only so much that we can do to help, but below our points will be resources that anyone can access if they feel they need help.

1. If you feel that the group or a staff member or any event within the group is affecting your mental health, please note the group so we can help you and can provide help.

2. If you feel that a member of the community or the community itself is affecting your mental health, please note the group with your story so we can help you

3. If you feel that a possible spending addiction is development or dependencies with the group please feel free to note the group or contact one of the many sources below:
   - SAMHSA National Helpline: 1-800-662-4357 This hotline can refer you and give you information for you to get help. This hotline is also for mental health support as well.
   - Debtor's Anonymous (https://debtorsanonymous.org/): this service is free and you can find groups that are online to help you if you don't have access to transportation if you are simply too shy.
   - Mental Health Apps: If you have access to a smartphone, there are free apps that help support and alleviate those who are hurting mentally. Some are chatrooms while others can link you with professionals to help you in a moment of crisis or hurt.

 

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nfsw content

This is a PG -16 group, meaning that there should NOT be NSFW content share within the site, DeviantArt group, Furaffinity, etc. If you have NSFW content please keep it away from peering eyes. Toyhou.se has the ability to hide your art. If you are caught sharing NSFW content within the group or towards a younger age member, it will be a permanent ban and you will be blacklisted. If an underage member is seeking out NSFW content you will also be banned from the community as well as a blacklist. Our blacklist from now on will be made public to make sure that others are being warned about your behavior. 

Please do not be afraid to reach out to a mod if someone is making you uncomfortable regarding this type of content. We are here to make it safe for our members to enjoy their characters. We do not support this type of content within our species and we will crack down if something is to be reported from anyone. 

 

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CRYSTAL COUNT

1. DO NOT POST ANY NSFW CONTENT

2. If there is a character that doesn't belong to you or if there is more than one character, please make sure that you link your Scarfox's masterlist. 

3. Don't submit art or literature that isn't Scarfox related, there should be at least one Scarfox within the art piece in order for it to count as a Scarfox artwork or written piece. 

4. Prompt and Event art can be submitted to the Crystal Count gallery in order to receive Crystals for that piece. 

5. If you plan to use a x2 Ticket for an event or prompt piece, submit a claim with a link to the artwork you want the x2 Ticket to be applied.  

6. If you purchase a commission you cannot submit that piece, only the artist of the commission can submit the piece for Crystal count. This is to prevent duplicated submission meaning commissioned work will not count for the commissioner but for the commissioned artist only.

 

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Website & Data

By using our service, the Scarfox-Realm website, you agree to the storage of data such as public IP, cookies, and other identifying information to enhance user experience and site performance. Per GDPR, users residing within the European Economic Community may request deletion of all user-related data or request a "package" including all currently stored data. For more information please see our Privacy Policy.