This is the Terms of Service for the Pacapillars group, website, community and events. This Terms of Service document applies to all platforms on which Pacapillars related content is hosted. These terms override those of guests and affiliates to the Pacapillar brand group. Users, guests, moderators, and affiliates are held to abide by this document or face the consequences listed below.
This Terms of Service document is not finite and is undergoing changes as community updates occur. Buffer time for user agreement is up to two weeks. Users will be held to any terms updates two weeks after submission.
We reserve the right to refuse service or community access for those who break Terms of Service agreements. By participating in Pacapillar groups, adopts, or events, you are automatically agreeing to the terms listed below. Poor conduct or ignorance to the terms will still result in treatment based off of the Terms of Service.
We do not allow rewrites or traces of this document under any circumstances.
Section I. Adoption and Ownership Terms
Pacapillars are run as a closed species by toripng, Tori Apiradee, and Nokkelborth. As a closed species, the creator kindly requests that no one choose to make their own without expressed permission. Users do not have the rights to create their own official one. Pacapillars or mimics made without permission will not be admitted to the group or any community sites.They may also result in a ban or suspension from the group.
Pacapillar adopts are hosted on DeviantArt. Pacapillars can be received through adoptables sales and auctions as well as customs and MYOs and the occasional contest or raffle.
- Pacapillars received through sale are not officially owned by the customer until full payment is received. When purchased, the owner has full rights to the character’s artwork and autonomy over the character’s development. User has partial rights to the group and community activities. If the user fails to abide by TOS regulations after fair warning, their character may be (one or multiples of the following):
- Removed from the Pacapillars’ group protections.
- Removed from access to the Pacapillars’ group and events.
- Marked as “delegitimize,” or “retired” in the registered entry in the Pacadex masterlist.
- Removed from the Pacapillars’ brand and name.
- toripng does not reserve the right nor have the power to revoke a design legitimately purchased from them. This rule extends to all guest artists.
Users that receive a Pacapillar through legitimate means may not:
- Claim the Pacapillar as their own creation or claim the design as their own creation if not designed by them.
- Trace or recreate Pacapillar designs for any sort of public use or sale.
- Use Pacapillar designs for commercial purposes..
Violations of any of the above will result in moderator action and possible consequences following.
Ownership & Documentation
Pacapillars are logged and kept through the visual masterlist hosted in this website.
Masterlist documentation is the only acceptable proof of ownership of an official Pacapillar. If you are having issues with receipts/proof, follow the procedures listen on the Pacadex account. If further complications persist, contact a group moderator.
The Pacapillars group and the Pacapillars masterlist do not recognize co or multi ownership. Only one owner will be recognized by the on-siter masterlist. Co-ownership can happen in private without punishment or consequence from the group itself however, ownership disputes will not be dealt with by the Pacapillars team. The owner listed on the masterlist entry is the one that will be recognized.
Section II. Payment and Transfer Guidelines
Pacapillar sales will be available for USD and payments are processed through Paypal. Occasionally, Pacapillar sales will be available for purchase using DeviantArt points. Artists may accept point payment through the commissions widget tool offered by DeviantArt. Do not send points directly unless specified.
- Paypal transactions may be conducted via invoice. This is for proper archiving of purchase history and to send the Terms of Service for digital goods purchases from the Pacapillar Team.
- Point transactions may be done through the commissions widget tool for archiving purposes and for transferring funds.
Accounts under 2 months old or suspicions accounts may be refused service for seller protection from chargebacks and false payments. Point refunds are not offered. USD refunds are tentative. Do not use a shared paypal account for Pacapillar designs. It is your responsibility to compensate the artist if payment is stalled due to another party.
Payment methods will vary for other guest artists.
Payment for customs and MYO slots is always upfront and in full.
Payment plans are available for purchases of set amounts or more listed per auction or sale description. Purchases made on payment plans must abide by the payment plan rules set by the artist or seller.
If not paid within the required time limit, the user will be refunded anything they paid beyond any down payment listed, they will receive a warning, and the design will be resold. Grace periods can be worked out if the user is unable to pay.
Failed payment plans will result in a temporary auction ban. Attempted or successful chargebacks will result in a ban from the species. Please be sure you can pay before starting a payment plan.
Auctions will be made available for paypal payment and occasionally dA point payment. Do not bid if you do not have static funds to pay equivalent to your highest bid. Once an auction ends (or if you autobuy), you will be noted or replied to for payment. You will not receive full-res, unmarked art until you have paid.
- Courtesy: It is preferred that when bidding, you list only your bid in the comment. Making discouraging or guilting remarks at other bidders is not tolerated and is grounds for a warning due to harassment.
- “Dropping out”: Dropping out of an auction if you are the highest bidder is not allowed. This will result in a temporary ban from Pacapillar adopts. If you are not the highest bidder, IF YOU BID AT ALL you must retain the funds that you bid in the case that someone drops from the auction. You are individually held responsible for what you offer!
Flat sales may also be paypal and point purchasable unless otherwise specified. Do not offer or bargain on set price adopts. Flat sales are first come, first served unless otherwise specified.
- Edited comments: edited comments will be strictly ignored on dA flatsales as they come off as deceptive.
- Claim buffer: when claimed, a design will be held for the person who claimed for a period of time specified in the description of the flatsale. This buffer time is for the customer to send payment. If payment is not received before the time limit expires, the seller has the right to give the opportunity to the next claim.
- Trading, Transfers, and Resales
Pacapillar owners are free to trade and transfer their Pacapillars to other users. Ownership changes must be made through our website, using the "Transfer" feature.
You may submit a trade journal to the group to advertise. Your trade journal or post MUST include the masterlist entry of your design for proof! For buyer and seller protection, please update the entry's ownership log promptly.
Resales of Pacapillar designs bought are allowed at no higher than the price they were bought for. This is to prevent “scalping” or buying designs with the intention to sell them for more soon after. A user can choose to trade their Pacapillar away for characters OR resell them for the value that they bought them for.
A user cannot receive the full resale price and more UNLESS they have commissioned art of the design. Users can choose to resell up to the price they paid for the design and commissioned art. Proofs of purchase for commissioned art must be provided. Users cannot resell their design for more than they paid adding on commissioned art if they themselves did not purchase the commissioned art (they can only resell the design at the value it was purchased at).
Raffle, DTA, and gift Pacapillars cannot be resold. MYO slots and MYO Pacapillars can be resold so long as they were purchased originally and not a result of contest winnings. Proofs of purchase must be provided to the user who receives the slot.
After a resale transaction, the person who purchases the resold Pacapillar or MYO slot cannot resell it for any more than what it was purchased for.
If you receive a Pacapillar through a trade you are not allowed to resell it.
Pacapillars can only be traded for merchandise that is equivalent or less than the total price of the design that it was last sold at. If the design did not begin with monetary value OR if you did not purchase the design, you may not trade for merchandise that is for sale. You may still trade for physical goods so long as it is not something that another user would have to purchase at the time of trade.
- Cooldown: all Pacapillars and MYO slots have a trade cooldown of one week. This is from when the Pacapillar was received. If yours is not listed in the @pacadex, you are still free to trade it if the cooldown period has ended, however, you might be tagged as the owner of the design in the @pacadex. Follow the instructions listed to update the ownership log with the new owner.
Co-owns are not recognized by the group or masterlist. In the event that someone would like to cut off an existing private co-ownership, the Pacapillars group and moderators are restricted from aiding in the ownership dispute. The owner listed on the masterlist is what will be considered valid unless they are found breaking the Pacapillar’s group rules or TOS.
Section III. Services and Specialties
Customs are occasionally available from Pacapillar staff members.
- Customs will change in price periodically based on demand.
- Do not request a custom to resemble an already existing design.
When ordering a custom, you’re free to choose any sorts of themes so long as they are appropriate. You can send palettes and specify traits you want. For anything you don’t specify, it will be taken as creative freedom. Works in progress will be sent throughout the process.
- Guest artists are not allowed to do customs unless granted permission, however, if they are available to do design commissions, they are more than allowed to design your MYO slot.
Check availability before requesting! MYO slot sales will be conducted through group journals.
- Rarity Tier System: MYO slots are sold in tiers allowing the designer to use any number of traits that are within the rarity of said slot. For example: a Rare MYO slot would allow for any rare traits and below (common) to be used/available when designing.
- MYO slots do not expire unless specified otherwise. Be sure to follow the group journals in case that may change.
- Please do not base a Pacapillar off of an existing character unless you own that character. This is an honor-code system, the Pacapillars Team has not seen every copyrighted character in existence. If you are reported later on for designing based off a character you do not own the rights to, you will be given a warning and will be required to alter the design.
- Please do not create a MYO design to mimic or resemble an already existing design.
If you create an MYO design, please know that it will be auto-registered in our visual masterlist. If you would like to opt-out of registration, please let us know ahead of time! Do note that if your Pacapillar is not registered in the visual masterlist, we cannot intervene in trade disputes.
- Generally, it is preferred that you create a design not based on the theme of an already existing one. Themes do not become closed off once someone has used it though.
- Designing a MYO to imitate or copy an already existing design is not allowed and is grounds for a warning or ban based off of previous offenses.
- You may commission someone or get help from other users with designing your MYO. We encourage you to commission staff members or guest artists.
Redesigns of Pacapillars are allowed! There are a few guidelines you should follow if you decide to do so:
- The redesign must still look similar to the original (it can't be a completely different look).
- You may not change texture without the use of the respective item.
- You may not add traits regardless of the rarity tier of the design without the use of an item. A Psidium Berry is to be used to add traits within the same rarity tier of the Pacapillar it's used on.
- You may not swap traits for others (like one extra trait to a different one).
- Minor color and pattern changes are definitely allowed!
- You may change present traits (besides texture) but only to things of the same or lower rarity.
- Mutations cannot be changed to others and the design cannot switch its type of subspecies.
- If you change the design of your Pacapillar, please submit aa "Design Update" request in the Pacapillar's masterlist entry.
The rights to the species is not being sold. Permanent staff on the team are allowed to create adopts under written circumstances. They are not allowed to sell customs (unless granted permission) or sell MYO slots.
Section IV. Rejection and Refusal of Service
If you find you are being harassed for a design that you own, contact the @pacapillars group. If you are found harassing another deviant for or about a Pacapillar design, you will be given a warning, second offense will result in a ban from groups as well as adopts. If you are found harassing or being rude towards group moderators, you may be subject to a warning or a temporary ban. Further offenses may result in a permanent ban.
Do not harass or bully other users on this site or other sites for supposedly copying toripng’s designs and concepts, whether that be Pacapillars or not. If you have a concern, please note the group. If you are caught harassing another user for that reason, you will receive a warning.
Claiming to speak on the team’s behalf will result in a warning and a possible ban.
- What warrants a response? Moderators can intervene in Pacapillar related issues and conflicts but if the issue you have with another user doesn’t relate to the group or to the species, we cannot intervene as moderators of the group. Serious issues should be redirected to deviantArt staff or other site report systems.
Bans outside of temporary auction bans or temporary conduct bans are permanent. Permanent bans are generally from the Pacapillars group as well as adopts. You will be notified if you are banned and you will be given reasons along with any provided proof if available or if allowed by other parties. If you would like to file for an appeal, respond with your rebuttal and we will re-evaluate the case IF the option is given. If there is no option for repeal, it will be stated in the note.
Ban notices will only be sent by group admins and moderators or @pacadmin account. If someone sends a fake ban notice, notify a moderator and we will deal with it promptly.
Within Reason: Things that are considered grounds for banning are not limited to but include the following.
- Continuous harassment/bullying of users or mods
- Purposefully inciting drama
- Disobedience towards warnings for TOS breakage
- Continuous scalping attempts or successful scalping
- Dishonesty such as faking receipts or faking identity
- Ban evasion
Serious or repeated cases will result in blacklisting. Users are only added to the blacklist if they become a threat to others in the community (generally for scamming or dishonesty). Proofs are not provided publicly to protect the victims, reportees, and/or moderators or the privacy of the offender.
Harassing blacklisted users will result in a warning and a possible ban from the group. The purpose of the blacklist is to warn members of the possible dangers to the community.
If you are banned, you may not use your Pacapillar designs in the group or any group activities. You are still able to trade them away or resell them but breaking trade/resale rules in the TOS will result in blacklisting.
All questions regarding the terms should be directed to the group notes.