Terms of Services

Table of Contents

Terms of Services

My TOS are present on the invoice in case a verification is necessary and to prevent any problems related to a modification of them.

If I modify my TOS after a purchase the version on the invoice prevails over the rest.

Purchasing a 2D or 3D model allows the customer to :

• The exclusive right to print the model.

• The exclusive right to establish a 3D model based on the 2D model (in the case of a 2D model).

• The exclusive right to create and sell physical products using the final 3D sculpture and the right to resell or transfer exclusive rights for that same use of the design.

• Make slight design modifications.

The client can do the following without any rules of this section : 

• Produce physical products using the final 3D sculpture.

• Selling physical products from the final 3D sculpture.

• Provide physical products from the final 3D sculpture to a third-party retailer who will sells them.

The client is not allowed to :

• Redistribute / share the models so that it can be downloaded by others, whether for free or not.

• Heavily modify the model without my permission.

• Use for commercial, promotional or personal purposes my work without crediting me.

Use permissions

• I reserve the right to show / post and share images of any models I design and / or sculpt on social networks and my personal websites as well as my own work. This may include renders of the model, drawings of the model etc.

• Exclusive rights mean that only one shop is allowed create and sell physical products using the model that was purchased and that I will not resell the model and that the buyer will not share or mass distribute the model.
  
  

• Contracting services for production assistance, like hiring someone to print the model or partnering with another shop for a temporary mold swap is permitted.
  
  

• Shops can partner with retailers to sell physical products from the final 3D sculpture.

Resale Rules

If, for any reason, a shop wishes to resell one of the models that I created and if the model was purchased without royalties plan, they can resell or give the exclusive rights as written in the invoice TOS to another shop or individual at the price that suits them or return it to me without charging me. In this case I will put it back on sale.

• You are obliged to credit me as the creator of the model to the new owner and to inform me in case of resale or donation.
  
  

• The obligation to provide my owed copies can't be transferred without consulting me first. I can choose to charge the original customer the equivalent in euro of any owed copies in case of failure to provide them.

• If I agree to the transferred obligation, the original customer is obliged to notify the new purchaser of these conditions.

• Anyone knowingly purchasing a model from me with intent to resell to a shop or individual that I refuse to work with will be blacklisted.

Payment

After discussion and with the agreement of the artis and the client, in the case of a custom-made design, a quotation will be sent which must be returned signed. For any purchase an invoice is sent, it includes the detail of the object, its price, the amount to be paid and a copy of the TOS in their current state at the moment of the purchase.

• Invoice TOS prevail over the current version present on my site.

• No files will be sent until payment is received. For the purchase of several models a payment plan can be set up. 

• Payment must be made via paypal or bank transfer.

• For most models I also ask for a physical silicone copy. The model file will be sent after receipt of payment, the sale will be finalized once the copy is received.

• The copy must be made of platinum body safe silicone.

I accept payment in royalties. For bigger shops I can ask for royalties in addition to the purchase price.

• Royalties can be paid every month, every two months, quarterly or once a year depending on what has been concluded with the customer as the percentage of them.

• Royalties will be transferred to the new owner in the case of a resale, donation or transfer of exclusive rights on the model even if the model has been modified.

All my prices are negociable.

To avoid theft problems, refunds will not be provided after I sent the file(s).

Toy copies

For each premade or custom design model purchased I request at least one custom copy of the final silicone product in the size, colors and firmness of my choice.

• This point can be negotiated just like the rest of the payment.

• All copies of the final product due to the artist must be created and shipped within a maximum of 3 months of receipt by the client of the file as well as the artist has given the expected specifications for the copy (size, firmness, colors) unless an extension is discussed and agreed upon by both parties.

• The purchaser also agrees to pay the full shipping and customs fees if necessary.

Global Permissions

• By buying a premade or custom-design model the buyer gets the right to manufacture and sell physical items using the 2D/3D model in question.

• All 2D/3D renderings or color models I create can be displayed instead of products on shop sites only until the physical products are created.

• For the continued use of these visuals for advertising purposes, for the use of my lineart, or for the use of these visuals as printed items (such as stickers or prints), you have an obligation to contact me so that we can discuss it. A fee can be applied.

• People are allowed to republish my visuals for non-commercial purposes only as long as these images include my logo, my name is quoted and the visuals are not modified.

Using my work in any form, visual, WIP, 2D, 3D for AI training, AI databases or AI generation is strictly prohibited.

In case of violation you will be blacklisted immediately.

Credits

Credit me as Lothaire Art or Lothaire_Art, preferably with a link to (or text mention of) this site or one of my social media.

Blacklist

As stated above, the purchase of one of my models in order to provide it to one of the shops or individual present in this list is strictly prohibited. 

Below, the blacklisted names and the reasons for their presence in this list :

(Added the 03/04/2023)

• Aphroditetoy - Design theft

• Bondara - Design theft

• Deep Fantasies - Design theft

• Effigy Parcels - Deeply aggressive with people, extremist, transphobic + harassing some creators

• John Thomas Toys - Threat / Doxing + Design theft + Not Safe For Use toys

• Leyuto - Design theft

• Nothosaur / SWISOK / Juliet Toys/Juliet & Martin Toys - Racism + animal abuse exploitation + Design theft

• Rexalpha - Use AI + block people asking if they're using AI.

• SheVibe - Transphobic design + Design theft

• XSJ-YuCheng - Design theft