Terms of Service

Otterpelago (“we”, “us”, “our”) grants you a non-exclusive, non-transferable, revocable limited license to access and use our website and any related content or features (collectively, the “Services”) for your own non-commercial entertainment purposes. You agree not to use our website or services for any other purpose. These Terms of Service ("ToS") apply to:

• Our website at www.otterpelago.com, or any presence of ours that links to these ToS
• Engaging with our community (including participation in sales, trades, or events) on Discord or other social media platforms

By accessing or using the Services, you agree to be bound by these ToS and all applicable laws and regulations. If you disagree with any part of the ToS, do not access our website or services.

You must be 18 years of age or older to use the Services. If you are under the age of 18, you may not participate in the Otterpelago community or use the Services under any circumstances. If we become aware that a user is under the age of 18, we will terminate their account and delete any associated data.

By registering an account, using the Services, or otherwise participating in the Otterpelago community, you attest that:

• You are 18 years of age or older
• You agree to provide accurate information upon registration, and to update this information if your circumstances change
• Your username is not vulgar, offensive, hateful, defamatory, or otherwise unlawful or objectionable; at our sole discretion, we reserve the right to modify or void offending usernames.
• You will not impersonate or imply that you are another person or a staff member
• You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise
• You agree to operate only one account per person; the creation of alternative accounts (“mules” or “puppets”) or shared/joint accounts is not permitted.
• You agree not to share your account details with any other user (including “account-sitting”), and that it is your responsibility to protect your password and account security
• You are solely responsible and liable for all activity conducted through your account
• Your account is non-transferrable and cannot be sold, traded, or otherwise given away
• You acknowledge that the staff can deactivate or ban any account at any time for any reason, with or without notice
• If your account is deactivated or banned, you may not register a new account

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Services, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.

Otterpelago is a closed species concept and art roleplaying game ("ARPG") created, owned, and operated by Ziirahdane. "Closed species" means that you are not allowed to create your own official Otterpelago characters without permission. Official Otterpelago characters can only be created by Ziirahdane, designated official Guest Artists, or by using an official Make Your Own ("MYO") slot, and must be uploaded to the website for recordkeeping.

While Otterpelago is a closed species community, we do not claim ownership of "otter" or "otter-like" species concepts. You are free to create your own otter characters and designs. However, to avoid confusion and maintain the integrity of Otterpelago, please do not associate unofficial creations with the species name "Ottagi" or the world of "Makai", the Otterpelago ARPG or community, or with Ziirahdane.

Except for content that you own and may have submitted, Ziirahdane owns all rights to the intellectual property and material contained in this website. You are granted a non-exclusive, non-transferable, revocable limited license to use our Services for your own non-commercial entertainment purposes. You may not use our Services for any other purpose, nor may you copy, modify, distribute, use, exploit, or make derivative works from any of Otterpelago's properties except as explicitly permitted by Otterpelago. Any content provided through our Services may not be used with AI generators or to produce AI-generated or AI-asssisted content. No part of the Otterpelago world may be used for commercial profit without express permission from Ziirahdane.

Website Framework

The base framework of the Otterpelago website is based on the openly available Lorekeeper framework by Corowne. We do not claim to have created or own any of the base framework or any extensions or modifications except where explicitly stated.

Community Content

Please be aware that the Otterpelago community is a PG-13 space. Content may feature some NSFW imagery, language, themes, and topics such as mild gore or violence, body horror, alcohol and drug mentions, gambling, or other potentially triggering content.

User-submitted Content

By submitting any content ("Contributions") to the Website or community, including participation in chat, forums, designs, prompt and gallery uploads, and suggestions or feedback, you attest that:

• You are the creator and/or owner of or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us and other users to view or use your Contributions
• You have not used any AI-generated content in your Contributions
• You will not sell or offer any of your Contributions as NFTs (Non-Fungible Tokens) or with cryptocurrency
• Your Contributions do not and will not infringe the proprietary rights of any other user or third party
• Your Contributions are not false, inaccurate, or misleading
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation
• Your Contributions do not include any hateful, discriminatory, defamatory, threatening, or otherwise offensive content
• Your Contributions do not depict or glorify explicit sexualization, substance abuse, or gratuitious violence
• Your Contributions do not violate any applicable law, regulation, or rule.

Otterpelago does not claim ownership of any user-submitted content, and any Contributions uploaded to the website or community remains the property of the respective owners. We are not required to remove, rework, or void any Contributions provided to us with the intent of being used as part of the Services, and we reserve the right to remove any of your Contributions from the Services at any time, and for any reason, without notice.

Designing for Others

You are welcome to offer design services to other community members, such as designing a character for another's MYO slot or creating lineart bases, whether for free or for sale. These activities are considered private transactions, and the parties involved are solely responsible for agreeing upon their terms for payment, delivery, and edits. All resulting designs must still comply with Otterpelago's species guidelines and overall ToS, and Otterpelago staff will not mediate in any disputes arising from these private user agreements.

You receive a partial, personal, non-commercial license to use, display, and create derivative works of your character's design. The intellectual property of the Ottagi species and the world of Makai remains with Otterpelago.

Use of Official Artwork and Character

You receive the original, unwatermarked artwork and the right to use the character for all personal, non-commercial purposes. This includes creating your own art, commissioning art from others, roleplaying, developing a backstory, and sharing on other sites with proper credit. You may not use your Otterpelago character designs for commercial profit without express written permission from Ziirahdane.

Use in other ARPGs/Closed-Species Worlds

You are free to use your character's identity in other settings and alternate universes outside of Otterpelago. You may also use the character design for other closed species, provided you have permission from that species' owners. If you rehome the character, all related designs across different species must be transferred together.

Creating or Modifying Your Design

• When creating a design for a MYO character, you may use the official free lineart base, create your own lineart, or use other paid or free bases if the base artist's terms allow.
• You may create designs inspired by other characters ("character-based characters", "CBCs"), but if based on an existing IP, the design must be transformative and not infringe on copyright; Otterpelago reserves the right to reject any design that too closely resembles existing copyrighted material.
• You may use a pre-existing character design that you already own the rights to (e.g., from another ARPG/CS or your own original art, an "import") to create an official Otterpelago character
• You have the right to edit an existing character's design ("redesign"); to be made official, all redesigns must follow the on-site Redesign Guidelines and be approved by staff.

Original Artist's Rights

You must always adhere to the terms of the character's original artist(s). The original artist(s) of the character's design retains the right to use their artwork for the purposes of self-promotion (e.g., in portfolios or on social media).

No Co-Ownership

Characters cannot be co-owned. Otterpelago will only recognize the single owner listed on the official masterlist entry for all activities and transfers.

You may rehome your official Otterpelago characters, provided they are eligible for transfer. Rehoming methods include trading, gifting, selling, and surrendering.

Transfer Eligibility

• The character must be officially approved and on the masterlist to be considered for any type of transfer
• The character must be eligible for transfer, as indicated on its masterlist entry (e.g., "Can be Traded/Gifted/Sold"), and not on cooldown; please be aware that all characters will have a temporary cooldown period after they are created and after each time they are transferred.
• The transfer must be completed through our official website to be considered valid; while transfers may also be reflected on third-party sites like ToyHouse, the Otterpelago masterlist is the only official record of ownership we will recognize

Player Responsibility

You are solely responsible for conducting safe transactions. Sellers must provide a direct link to the character's masterlist entry in all advertisements. Buyers are responsible for checking this entry to confirm a character's official status and transfer eligibility. Please note that Otterpelago staff will not mediate in any disputes that arise from private user transactions.

Transferring MYO Slots

MYO slots can be traded, gifted, or resold. If resold, a slot may only be sold for its original purchase price or less, as no value can be added to an unused slot. All transfers must be logged on-site. The only exception is the starter MYO slot you receive when you join, which is account-bound and cannot be transferred.

Selling a character

A character's eligibility for resale is primarily determined by how the original item (either the pre-made character or the MYO Slot) was obtained.

• If a character or MYO Slot was originally purchased with real-world currency, it can be resold for currency.
  • A newly created character with no additional commissioned art cannot be sold for more than the original purchase price. You may only sell it for more than its base price by adding the value of commissioned artwork or other purchased upgrades (proof of value may be required).
• If a character was obtained for free (e.g., from events, raffles, or gifts), it cannot be resold. It may only be traded or gifted.
  • An exception is if a freely-obtained character has accumulated additional value through purchased artwork or upgrades. In this case, it may be sold, but only for the total value of the art and upgrades added (proof is required).
• When selling any character, you must adhere to the original artist's individual terms regarding resale; it is your responsibility to be aware of and follow these terms. For official Guest Artist designs, we will provide a link to their terms on the masterlist where available.

Trading and Gifting

You are free to trade or gift a character to another user, provided its eligibility status allows it. All general eligibility rules and cooldowns apply.

Surrendering

You may surrender a character back to Otterpelago at any time and without compensation. We reserve the right to discard, redesign, or redistribute any characters that are surrendered to us. This action is permanent.

Voiding

Voiding a character is the act of permanently removing it from the Otterpelago species and masterlist. This allows you to use the design as a non-species character, completely separate from our game and community. This action is permanent and cannot be reversed. Once voided, the character cannot participate in any site activities and cannot be traded or sold as an official Otterpelago character. If you'd like to void your character, contact Ziirahdane on Discord.

We reserve the right to investigate any suspected violation of our ToS. The action we take will be determined on a case-by-case basis, depending on the severity and frequency of the offense. All decisions regarding disciplinary action are at the sole discretion of Otterpelago staff. Any disciplinary action may also be accompanied by the removal of offending content from our Services.

Warnings and Strikes

For most minor infractions, a formal warning ("strike") will be issued privately to your account. This serves as an official notice that you have violated a rule and that further infractions may lead to more severe consequences. Accumulating three strikes will typically result in a temporary suspension.

Suspensions and Bans

More serious or repeated violations may result in a suspension or permanent ban.

• A suspension involves a temporary loss of access to the Services, or to specific features like trading and community participation, for a set period of time
• A permanent ban ("Blacklist") is the permanent termination of your account and revocation of all access to the Services, and may also be accompanied by the voiding or confiscation of any characters, items, or currency obtained through fraudulent means.

Zero-tolerance Policy

We have a zero-tolerance policy for serious offenses such as harassment, scamming, theft, or hate speech. Such actions may result in an immediate permanent ban without prior warning. If your account is terminated, you forfeit any right to refunds for purchases made. Attempting to evade a suspension or ban by creating a new account will result in the immediate termination of the new account.

Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. Otterpelago reserves the right to modify, suspend, or discontinue the Services, in whole or in part, at any time and without notice, in its sole discretion. You agree that Otterpelago, including its owners and staff, will not be liable to you for any modification, suspension, or discontinuance of the Services, or for any damages, losses, expenses, and/or costs, including attorney's fees, arising out of or relating to your use of or inability to use the Services.

Disputes with other users

Otterpelago cannot be held responsible for the actions of the community or players. You are solely responsible for resolving any disputes you may have with other Otterpelago players. Otterpelago may, but is not obligated to, assist you with this. Otterpelago will have no liability whatsoever to you in connection with any such dispute, regardless of whether or not Otterpelago assists you with that dispute.

Otterpelago may revise these ToS at any time. We encourage you to check this page periodically for any updates. Your continued use of the Services after any changes to these ToS constitutes your acceptance of such changes.