Astrafluff's Terms of Use

Index - Misuse - Character Rights - Social Media - Streaming - Character Rights - Refunds

General

  • If you are to break any of these guidelines, you relinquish any and all rights to my work. This means you will not be allowed to continue to use or sell anything including my work in any way.

  • Guidelines written on a specific work's page may differ from what is written here, in such cases, the work's specific guidelines should be followed instead. Those guildelines only apply to work it is on.

  • Under no circumstances may you share my work's internal files with others without permission. This goes even for commissions. I will only deny the request if it is someone who has already broken this ToS, but it is important I know who has my work and who doesn't. Breaking this rule will result in complete denial of future service.

  • You must always properly credit me. Do not claim or imply any of my work (avatars, assets, artwork, etc.) is your own work. You're free to edit it and please take credit for those changes, but please make sure to never take full credit. The ways to properly credit me depend on how my work was used, and are not interchangable. They can be found under their respective categories.

  • If there is no issue in you receiving a downloadable product, no matter the circumstances I will not refund you. If there are any issues with receiving the downloadable product or using it properly, contact me.

  • You are free to use my work (avatars, characters, artwork) as inpiration or reference! I'd love it if you would show me as well, I love seeing what people can do with my work! I just ask you don't just copy anything, make your own spin on it!

  • My work may utilize third party software (ie. Blender, Unity...) to be used properly. I am under no obligation to teach you such software, I will only give advice and help on my work itself.

  • My work may utilize outdated software, shaders, or otherwise. I am under no obligation to continue to update old projects after their release unless they are completely unusable or unreadable. I am a one man army, it takes time.

  • I reserve the right to deny service, commissions, support, or sales to anyone for any reason. Please be respectful and this shouldn't be an issue. If you choose to be rude, dishonest, or otherwise difficult to work with, I do not owe you anything outside of what you have already purchased.

  • Even if my work or product is removed my shop or history, it is still my work and subject to this ToS/ToU.

Misuse

-- AI Training or Machine learning

  • Under no circumstances should my work, derivative or not, be used to feed into public or private artificial intelligence learning algorithms. This includes but is not limited to training, fine-tuning, dataset creation, model evaluation, synthetic data generation, image-to-image training, AI-assisted asset extraction, or any other machine learning purpose. My work is completely AI free and shall now be used for AI in any way.

-- NFT, Blockchain, Tokenization

  • My work may not be used for NFTs, blockchain projects, cryptocurrencies, tokenized assets, or similar technologies. This applies to both my original work and any edits, derivatives, or modifications made from it. You may not mint, sell, distribute, promote, or otherwise associate my work with any digital token or blockchain-based project under any circumstances.

-- Promoting Harmful, Illegal or Controversial ideologies

My work may not be used to promote, endorse, glorify, or support harmful, illegal, hateful, or otherwise controversial ideologies or activities. This includes, but is not limited to:

  • Depicting underage characters in adult, sexual, lewd, or pornographic material

  • Depicting physical self-harm in a glorifying light, such as flowery or overly exaggerated imagery. Visible scars or imagery otherwise not outright glorifying it are okay.

  • Depicting mental self-harm in a glorifying light. Textures depicting extreme weight loss are prohibited.

  • Depicting hateful or cruel ideologies directed toward a group of people because of their race, beliefs, identity, or similar characteristics.

  • Depicting hateful or cruel ideologies directed toward a specific person out of anger, harassment, or disrespect.

  • Anything else that could outright damage my reputation, community or brand name.

If for any reason you are unsure something falls under these categories, reach out to me directly. I am always happy to help or clarify. Controversial topics are allowed a lot of leeway, but I reserve the right to deny anything that could be damaging to others or my image.

-- Theft or Impersonation

  • My work should never be used to intentionally mislead others into believing you are another creator, represent another person's character as your own, or recreate someone else's product with only minor changes. Commercial edits and derivatives should involve clear originality and should not exist solely to imitate another creator's style, design, or identity.

  • Works depicting fanart (for example, copying another character's tattoos) are completely okay for personal use but under no circumstances should it be sold as original work.

Licenses and Ownership

-- File Usage

  • Under no circumstances may you share my work's internal files with others without permission, including pieces or parts. This goes even for commissions. I will only deny the request if it is someone who has already broken this ToS, but it is important that I know who has my work and who doesn't. Breaking this rule will result in complete denial of any and all future services on top of the revocation that is already included with ToS violations.

  • I may use assets or create work that I do not wish to be redistributed, or assets given to me by other creators who I have explicitly promised would not be given to more than my personal clients. Sharing such files puts both of us at risk and could hurt other creators who have trusted me with their work. Do not share my files with others, even if commissioned, unless you have received permission first.

  • For partners, you may share the files as long as they also agree to this ToS/ToU. Please still request permission beforehand.

  • If permission is granted for you to share the files, you are then responsible for how those files are used, and if used incorrectly, will fall back onto your shoulders.

  • If your files are lost or otherwise inaccessible, I will try my best to return them to you, but I am under no obligation to hold onto your files for you after your work is complete and you have successfully received them the first time. My stuff becomes corrupted sometimes, too. It happens.

  • You are free to store the files on online services as long as they remain solely accessible to you and you alone.

  • Using tools, software, or exploits to intentionally retrieve files you are not supposed to have access to, or have had access to but lost, is prohibited. Please always contact me first, as it is still very likely I will have access to them.

  • Any assets or otherwise made for my avatars must include absolutely no parts of my original work. Texture edits must be added to the original texture to work or be entirely original. Editing parts is not allowed. Face tracking must not include my mesh, even if stripped. As long as it retains my work, even if edited, it is still my work and cannot be shared.

-- Reselling

  • The reselling of any of my avatars, assets, artwork, or characters is strictly prohibited. You do not gain any rights to the files themselves and therefore cannot claim ownership for selling. If you wish to resell a commission or character, please speak to me privately about it, as without doing so, it is strictly prohibited.

  • Requests to resell within an indecent amount of time will be automatically rejected. Please consider commissions and purchases carefully.

  • Relinquishing without payment is still considered sharing files and falls under the guidelines above.

  • If you wish to regain the money spent on your commission, consider speaking to me so I may refund you and retrieve my work, so I may therefore resell it myself. Only I reserve the right to resell my work.

  • Commissions or personal work done by me will never be resold without permission beforehand and after making certain the work shall no longer be used by the original owner.

  • A commission, edit, or customization of my work does not grant ownership of the original files, assets, or characters involved. Only the specific work performed may be transferred between the parties involved, and must follow the guidelines above.

-- For Third Party Commissions

  • Please make absolutely certain you have read all licensing rules before seeking a commission, or creating a commission for another party using my work. If you are a creator yourself, I expect you to do your due diligence before accepting work involving my products. You will be held to a higher standard regarding licensing, redistribution, and usage rules, as these are things you should already be familiar with. Claiming ignorance of the licensing terms after the fact will not excuse violations of this ToS/ToU.

  • If you seek a commission from a third party, it is your responsibility to make them aware of the terms of my work.

  • If any commission features my files, both parties must have purchased the designated rights to use them.

-- Commercial License

-- Personal License

-- Kitbash Licenses

Character Rights

-- I retain all rights to my character in its original state

  • The character depicted by the avatar in its original state shall remain mine. Purchasing does not grant you any rights or ownership over the character in its original depiction. You are purchasing the model and the rights associated with that specific product, not the character itself.

  • For a character to no longer be considered mine, substantial changes must be made to its visual identity, presentation, and overall design. Until those changes have been made, the character should still be considered my character regardless of who owns the avatar.

  • Until the avatar has been adjusted enough to no longer depict my character, it may not be used, likeness or otherwise, in a way that violates my Misuse policies.

  • Please do not commission artwork, merchandise, or derivative work featuring my character without permission. You must include me in the process and make sure you are giving proper credit where it is due.

-- Ways to change the character

Please keep in mind that it often takes multiple or different adjustments to properly change the character. Every situation is circumstantial, and I reserve the final say on whether the adjustments leave it too similar to my character. Please remember it's always okay to ask.General ideas that may help:

  • Changing the species of the avatar, especially from natural animal to mythical or vice versa.

  • Changing the body proportions in a noticeable way (for example, slim to chubby, tall to short, athletic to soft).

  • Creating an entirely new color palette.

  • Adjusting the style of clothing (casual comfy to sporty)

  • Removing defining features of the original (if an avatar has paw feet naturally, give them normal feet)

  • Change the character's gender presentation.

  • Give your character a unique name, background, or personality.

  • Give your character tattoo's, piercings, scars, or unique patterns.

Things that do not help:

  • Changing to a base that is visually similar, even if completely new in topology.

  • Solely giving them a new outfit.

  • Adding small accessories that do not intrude upon the design

  • Modifying the hairstyle without fully changing it

  • Hue shifting instead of using new colors.

As a general rule, if someone can immediately recognize the character as mine, it is probably still my character.

--

  • These avatars include work that is not solely mine. You may not take any parts from this avatar to use for pesonal use unless clearly stated that I am the one who made it. If you aren't sure, don't use it.

-- Free Avatars

  • These avatars are for personal or nonprofit use only. You cannot use the avatar or any parts of it for commercial purposes. You must purchase the rights to the assets or whole avatar seperately.

  • This avatar may be uploaded to VRChat and set as public as long as long as proper credit is still given when possible. This means you may upload them on VRChat as public, or even put them in your worlds. If you do put them in a world, direct credit with my discord tag or links to me store, discord server, or shop are still required to be somewhere clear in the world. As stated above though, the files themselves cannot be uploaded anywhere publicly. Please always refer them to my page to get it themselves.

Assets

-- Personal Use Assets

  • The asset can be used on avatars uploaded to VRChat as long as long as proper credit is still given when possible. This means you may upload avatars that use the asset as public, or even put the avatar in your worlds. If you do put the avatar with my asset in a world, direct credit with my discord tag or links to me store, discord server, or shop are still required to be somewhere clear in the world.

  • The asset files cannot be shared to anyone who has not purchased it themself. This does means you may share edits for free as long as you have direct proof the person receiving it has purchased it as well.

  • You cannot profit off of edits to the asset. This means you cannot paygate your edits, even if the other party has purchased the original as well, and you cannot take commissions to edit the avatar.

  • Additions to the asset that you have made may be sold separately from my work, as long as it does not contain any aspect of the original.

-- Commercial Use Assets

  • The asset can be used on avatars uploaded to VRChat as long as long as proper credit is still given when possible. This means you may upload avatars that use the asset as public, or even put the avatar in your worlds. If you do put the avatar with my asset in a world, direct credit with my discord tag or links to me store, discord server, or shop are still required to be somewhere clear in the world.

  • The asset files cannot be shared to anyone who has not purchased it themself. This does means you may share edits for free as long as you have direct proof the person receiving it has purchased it as well.

  • You can profit of edits done to the avatar in the form of commissions as long you have direct proof the person receiving it has purchased it as well.

  • Additions to the asset that you have made may be sold publicly separate from my work, as long as it does not contain any aspect of the original.

Videos & Streaming

-- Social Media

  • Images of my avatar you have taken, wearing it or not, can be uploaded publicly. If uploaded to social media (Instagram, Twitter, etc.) You must include credit to me on the post, in the comments/replies, or in your bio. This can be in the form of my Discord tag, shop link, or just my name.

  • Videos taken wearing my avatar can be uploaded publicly, but you must include credit to me in the direct bio of the video. This can be in the form of my Discord tag or my shop link. You cannot just credit my name.  If the focus of the video is not wearing my avatar, but someone in a secondary or other role is, you do not have to credit me unless you are asked.

  • My avatar cannot be a focal point in your social media presence. Only if you have done correct measures to change the avatar enough that it has little likeness to my original character.

  • Assets, if used on avatars featured in images or videos, does not need to be directly credited unless asked. If the asset is the focal point of the video, you must credit me in the form of my Discord tag or my shop link. You cannot just credit my name.

-- VTubing

  • My avatars can be used for private or personal VTubing (ie. rigging practice, for discord calls)

  • My avatars cannot be used for public VTubing (ie. twitch or youtube streaming) unless sufficient effort has been made to change the avatars enough that it has little likeness to my original character.

  • My assets are free to be used on and VTubing model, as long as proper credit is given in the description or bio. Credit must be either my Carrd or shop link, and must be present at all times if the model is present on your channel.

Refunds

If there is no issue in you receiving a downloadable product, no matter the circumstances I will not refund you. If there are any issues with receiving the downloadable product or using it properly, contact me and I will help you receive the downloadable product.
(This is to prevent false chargebacks)I will accept artwork as a form of payment for an avatar if discussed beforehand. This can only be done before you receive the avatar. You will also have to provide the completed piece before I hand the avatar over.

Everything on this page is subject to change.