✔ (FOUND by kh4m4ri) Vivienne by Bakayo
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@Clowns Ironically most of this TOS doesn't stand up in court. If the creator decides to come after you. In the US that is. Avi's are protected under fair use, and right to repair laws. The only time any avi creator can realistically sue you is if you're hosting a website with the intent to Re-Sell their "Art"/"Work" but sharing files to a friend\friends is completely legal in every US State, and is protected under federal law. I'm not aware of how it works outside the US but yeah just know that these TOS's are only suggestions from the seller. The funniest one to me is the 18+ one. They'd be admitting to selling pornographic content, which they'd have to have a business license for (which they don't), and they'd have to have some level of age gating on their website (which they don't). So..... technically we could sue any avi creator that was making this claim for negligence, and malpractice.
@GayBonk Exactly that last part about the 18+ only buyers. If they were legally upholding this claim, then it would be like what most 18+ websites did and just make it not accessible to use in certain states where porn has been outlawed!!
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@Clowns Ironically most of this TOS doesn't stand up in court. If the creator decides to come after you. In the US that is. Avi's are protected under fair use, and right to repair laws. The only time any avi creator can realistically sue you is if you're hosting a website with the intent to Re-Sell their "Art"/"Work" but sharing files to a friend\friends is completely legal in every US State, and is protected under federal law. I'm not aware of how it works outside the US but yeah just know that these TOS's are only suggestions from the seller. The funniest one to me is the 18+ one. They'd be admitting to selling pornographic content, which they'd have to have a business license for (which they don't), and they'd have to have some level of age gating on their website (which they don't). So..... technically we could sue any avi creator that was making this claim for negligence, and malpractice.
GayBonk said:
@Clowns Ironically most of this TOS doesn't stand up in court. If the creator decides to come after you. In the US that is. Avi's are protected under fair use, and right to repair laws. The only time any avi creator can realistically sue you is if you're hosting a website with the intent to Re-Sell their "Art"/"Work" but sharing files to a friend\friends is completely legal in every US State, and is protected under federal law. I'm not aware of how it works outside the US but yeah just know that these TOS's are only suggestions from the seller. The funniest one to me is the 18+ one. They'd be admitting to selling pornographic content, which they'd have to have a business license for (which they don't), and they'd have to have some level of age gating on their website (which they don't). So..... technically we could sue any avi creator that was making this claim for negligence, and malpractice.
@avicollector you could also sue the website/website provider for hosting pornographic content that was available to minors without proper protections put into place.
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Just be aware that literally none of this is fully legal. Most of these avi creators are just random people making claims that they say you have to abide by. All of this only works if no one decides to sue each other, and we all just play nice, and understand that everyone is broke rn. Just pay what you want, when you want, to whoever you want. Times are rough, avi creators are not an essential part of the economy they should be grateful that they get a dime out of anyone right now. The bar is so low that it really doesn't take a highschool degree to figure out. The returns on this market are actually fucking insane compared to most Art related jobs. I think avi creators are going about this whole thing in the worst way possible.
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bump anime head pleaseee!!
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bump
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Bump
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Bump
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@kh4m4ri The highlighted part. She has banned people because of the edits they did to her avatars. Saying people are making fetish edit an such. It is just wild to me that people are being banned for making her avatars thicker?
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@LadyCeres
People should be able to do whatever they want to the avatar THEY bought. Shit is wild. -
@Clowns Yep, just like the time Remys put in her server that any edits had to be approved by her with a ticket and I flat out told her I wasnt doing that
@LadyCeres That is crazy work.
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@Clowns I simply asked why, didn't need to be disrespected.
And I have read her TOS as I am a frequent buyer and supporter of this avi creator.
I see nothing wrong with her TOS and if your only complaint is you can't make the body bigger and unproportinante in size then buy from someone else who likes making insanely unrealistic bodies. -
@Clowns I simply asked why, didn't need to be disrespected.
And I have read her TOS as I am a frequent buyer and supporter of this avi creator.
I see nothing wrong with her TOS and if your only complaint is you can't make the body bigger and unproportinante in size then buy from someone else who likes making insanely unrealistic bodies.You are so weird for that lol. Her avatars are not at all bad but the fact is people have made edits to her avis and made them bigger more plus sized or overall to their body shape and they get banned from buying from her? Good on you for supporting a person who is pretty much body shaming and fatphobic...?
Shouldn't get banned for simply making an avatar they bought to their liking. Can't even get a refund or download what they bought.
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You are so weird for that lol. Her avatars are not at all bad but the fact is people have made edits to her avis and made them bigger more plus sized or overall to their body shape and they get banned from buying from her? Good on you for supporting a person who is pretty much body shaming and fatphobic...?
Shouldn't get banned for simply making an avatar they bought to their liking. Can't even get a refund or download what they bought.
@Clowns I don't beleive that makes me wierd but ok.
It's literally a rule she has in her TOS, like any other avi creator has, you agree to those rules when you purchased the avi. If you don't like it then don't buy it. It's as simple as that. There are plenty of other plus size creators out there that will allow you to do what you want.
As for those that were banned then that's on them. Again it's in the TOS and they broke that so they got banned.
She also specified that she didn't want them to look exaggerated or fetishized which I think is completely reasonable becasue those don't accuretly represent plus size bodies.
People on this game for some reason love to make overly sized body parts that are not realisitic in anyway and are more for those people that fetishize infaltion stuff. I beleive thats what she's implying is that she doesn't want her avis to become like that and tbh that's a completlely reasonable request.again if you dont like the TOS then don't buy from them. There are others plus size avi creators out there.
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@Clowns I don't beleive that makes me wierd but ok.
It's literally a rule she has in her TOS, like any other avi creator has, you agree to those rules when you purchased the avi. If you don't like it then don't buy it. It's as simple as that. There are plenty of other plus size creators out there that will allow you to do what you want.
As for those that were banned then that's on them. Again it's in the TOS and they broke that so they got banned.
She also specified that she didn't want them to look exaggerated or fetishized which I think is completely reasonable becasue those don't accuretly represent plus size bodies.
People on this game for some reason love to make overly sized body parts that are not realisitic in anyway and are more for those people that fetishize infaltion stuff. I beleive thats what she's implying is that she doesn't want her avis to become like that and tbh that's a completlely reasonable request.again if you dont like the TOS then don't buy from them. There are others plus size avi creators out there.
@WeedFairy Don't buy from them over and over agian bro I can't lol I was one of those people who got banned! She had updated her tos and I never saw it as I had not bought anything from her in the longest time after the update just to have gotten banned simply because I had made edits to fit me and my plus sized self? You are reaching, going above and beyond for what? People should be able to make what ever edits they want to an avatar they bought. Fetish or not. Just because she didn't like it doesn't mean she should ban and block them from downloading what they had bought with NO REFUND?
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