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Beware: Keryu/Keryu Okami/Sparckle~Butt

Before I start let me state that I have anxiety disorders, and even having to post this is putting me over the top. I have been dealing with this issue silently for over two years. I am literally shaking as I type this. This was my very first purchase in the furry fandom ever, and it could not have gone more wrong. I have been afraid to post a beware out of fear of receiving backlash from said "fursuit maker." I am scared to death that she will not give me the rest of what I paid for because of her new TOS (which I never agreed to btw.)

WHO: Keryu, Keryu O(o)kami, Sparckle~Butt

WHERE:   Old Account: http://www.furaffinity.net/user/keryu/  New Account: http://www.furaffinity.net/user/sparkle~butt/ Be warned she is also on the site GaiaOnline http://www.gaiaonline.com/profiles/keryu-okami/4174525/?_gaia_t_=718 She might even have alt accounts on there as well.

WHAT: A full fursuit: head, body, tail, paws, and feet paws for $670. Still owed Feet paws, and body suit.

WHEN: First payment was made in June of '10 of $300, second payment of $370 was sent in July. Commission was set for July-October 2010. The suit maker took on 5 commissions including mine.

PROOF: 
I have had to copy and paste the e-mails that were sent as yahoo makes them all jumbled, and they look rather confusing.

READ FROM BOTTOM TO TOP

It's all good~ I'll get you some pictures too when I get my camera back from my mom~

Along the lines of completion, the head has been foamed, the body suit has been cut out and the feet have been carved as well =3

On Thu, Sep 23, 2010 at 11:33 AM, ME wrote:

    Just making a quick check in to see how things are coming along. My mom has been nagging me about the suit and asking if I have had any word from you. So this is more of me being forced to bug you then anything. What is done? What still needs work? And how does the shipping work?


    --- On Sat, 8/28/10, HER wrote:


        From: HER
        Subject: Re: Fullsuit
        To: ME
        Date: Saturday, August 28, 2010, 12:10 AM


        I've actually ordered your fur a few days ago so I can get you body suit done~ as for progress pics, I'll be sure to send you some then I get the foam outline done and other mile stones =3

        On Thu, Aug 26, 2010 at 11:41 AM, ME wrote:

            How do things look? Gonna take any pictures once the suits are done? I hope to send you a few pictures of me in the suit.


            --- On Fri, 8/6/10, HER wrote:


                From: HER
                Subject: Re: Fullsuit
                To: ME
                Date: Friday, August 6, 2010, 7:23 PM


                Sounds great! Progress wise however, it's moving a bit slow but I've gotten started on everyone's head outline and feet bases so I can get the foaming bit out of the way <3 (the foam part is my fave -w- ) Anywho, I'll be making it to MFF as well! Your suit will be done in plenty of time as all suits will be done by sometime in October =3

                On Fri, Aug 6, 2010 at 5:38 PM, ME wrote:

                    Progress report time! The second half of the payment is on it's way to you with the +$20 for the fan.

                    Remember how we mentioned going to cons? Well this time I will be able to make it to MFF! I'm sure I'll have the suit by then. I'm so excited, I can't wait to see how things are going on your end.


                    --- On Sun, 7/11/10, HER wrote:


                        From: HER
                        Subject: Re: Fullsuit
                        To: ME
                        Date: Sunday, July 11, 2010, 4:02 PM


                        Yup, the parade was tons of fun >w< And you HAVE to make it to a con! It's so much freakin' fun -w-

                        On Sun, Jul 11, 2010 at 3:11 PM, ME wrote:

                            I saw Star in this one.

                            http://www.youtube.com/watch?v=WWThiskq5t8

                            I hope to be able to do a con some day.


                            --- On Sat, 7/10/10, HER wrote:


                                From: HER
                                Subject: Re: Fullsuit
                                To: ME
                                Date: Saturday, July 10, 2010, 4:25 PM


                                That's freakin' awesome >w< Which vid? >w< And yea! we had a great time <3

                                On Sat, Jul 10, 2010 at 8:30 AM, ME wrote:

                                    *squeals* OMG I totally saw you guys in this vid from AC! I hope you had a good time! Take care of the kittens!


                                    --- On Tue, 7/6/10, HER wrote:


                                        From: HER
                                        Subject: Re: Fullsuit
                                        To: ME
                                        Date: Tuesday, July 6, 2010, 7:11 PM


                                        No problem =3 And nope, no work has been started just yet, but when I do start working on them, I'll say so on Twitter so everyone will be updated~ If you don't know my Twitter, then here it is =D   KeryuOkami that should be what ya need to look me up =3

                                        On Tue, Jul 6, 2010 at 2:16 PM, ME wrote:

                                            Hihi, just touching base with you to see how things are going, and if anything has gotten started on any of the suits?


                                            --- On Mon, 6/21/10, HER wrote:


                                                From: HER
                                                Subject: Re: Fullsuit
                                                To: ME
                                                Date: Monday, June 21, 2010, 3:26 PM


                                                I believe I got it yesterday and it's in the front office of my apartment complex. I couldn't get it though cause when I got the notice, they were closed for the day so I'll check when I get home >w<

                                                On Mon, Jun 21, 2010 at 2:17 PM, ME wrote:

                                                    You might be getting the DTD today or tomorrow! Eeee! I'm so excited.


                                                    --- On Thu, 6/17/10, HER wrote:


                                                        From: HER
                                                        Subject: Re: Fullsuit
                                                        To: ME
                                                        Date: Thursday, June 17, 2010, 5:46 PM


                                                        Oh lawds! Alright then~ I normally do a fixing to it before I use it anyways =3 believe me, I've gotten worse XDDD I'm just gonna end up cutting it up into a million pieces anyways XDD

                                                        On Thu, Jun 17, 2010 at 2:11 PM, ME wrote:

                                                            Oh good, I was so worried about the MO getting to you. I think I will also order a fan to go in the suit as well. I talked to my mom about it and she said "what ever little bit helps." So I will add the fan to the final total.

                                                            I hope the DTD stands up in this weather, I'd hate to have to make another one. @.@ MY friend taped me up, unfortunatly for my DTD he was high and drunk at the time. ^^; that did not bold well for the dummy.


                                                            --- On Thu, 6/17/10, HER wrote:


                                                                From: HER
                                                                Subject: Re: Fullsuit
                                                                To: ME
                                                                Date: Thursday, June 17, 2010, 1:13 PM


                                                                I actually JUST got it, your email reminded me to go check the mail today so yup, I've got it! And I'll be ordering the fur possibly tomorrow, or the 21st at the latest~ and I'll let you know when I get the DTD~

 On Thu, Jun 17, 2010 at 10:55 AM, ME wrote:

Got the DTD in the mail. did you get the money order yet? I sent it on monday. On Tue Jun 15th, 2010 7:38 PM EDT Keryu Okami wrote:
Yea, for the follow me eyes, the head needs to be built up bigger since that have to go deeper into the head, the toony eyes just require them to sit on top. So toony it is >w<

On Tue, Jun 15, 2010 at 4:48 PM, ME wrote:

Then I'll probably go toony. I like what follow me can do but 1) I have bad eye sight. 2) I do wear glasses and contacts 3) the follow me don't seem to be as toony as the toony eyes are. XD Also don't you have to inset them more into the head then you do the toony eyes?


 --- On *Tue, 6/15/10, HER* wrote:

From: HER
Subject: Re: Fullsuit
To: ME
Date: Tuesday, June 15, 2010, 12:10 AM

It's all good! Anything you spend any kind of money on, ya always wanna make sure you get what you want~ As for the picture, their all toony =3

On Mon, Jun 14, 2010 at 10:14 PM, ME wrote:

Question are all of the eyes in this picture toony or follow me? http://www.furaffinity.net/view/2537396/
Depending on the answer I'll go with that one. Sorry! I know I'm being a pain.
 --- On *Sun, 6/13/10, HER* wrote:
 From: HER
Subject: Re: Fullsuit
 To: ME
 Date: Sunday, June 13, 2010, 5:25 PM

it's all good, I'll just use my own to alter the suit =3 and I'm glad you like the fur! I just discovered this place not too long ago <3


On Sun, Jun 13, 2010 at 4:21 PM, MEwrote:

They all look perfect! I need to tweak the DTD because my friend squished me DDs into Bs. That is unless you are able to add extra padding to it.


 --- On *Sun, 6/13/10, HER* wrote:
 From: HER
Subject: Re: Fullsuit
To: ME
Date: Sunday, June 13, 2010, 4:02 PM

It varies on the animal, color or preference that you'd like~ Unfortunatly, I'm limited to what the internet has to offer to me but here are the options I have to make your suit <3

                                                                    >>>> http://www.crscraft.com/images/big/I90350.jpg
                                                                    >>>> http://www.crscraft.com/images/big/I91051.jpg
                                                                    >>>> http://www.crscraft.com/images/big/I91050.jpg
                                                                    >>>> http://www.crscraft.com/images/big/I90042.jpg
All of these are extremely close to an inch except the blue fur, that one's slightly longer then 3 inches for the hair~


On Sun, Jun 13, 2010 at 2:38 PM, ME wrote:

 Another question, what is the phile of fur you use? I'm guessing 1.0 for my suit. Let me know if you are thinking something different. Also Money order is going in the mail today, going out tomorrow.


 --- On *Thu, 6/10/10, HER* wrote:
From: HER
Subject: Re: Fullsuit
To: ME
Date: Thursday, June 10, 2010, 7:11 PM

Sounds good =3


On Thu, Jun 10, 2010 at 5:11 PM, ME wrote:
I'll say go with the follow me eyes.


 --- On *Thu, 6/10/10, HER* wrote:
 From: HER
Subject: Re: Fullsuit
To: ME
Date: Thursday, June 10, 2010, 4:56 PM
I sure do~
http://www.furaffinity.net/view/3680404/  <-- This is a toony style of eyes
http://www.furaffinity.net/view/3729233/   <-- This is an example of Follow-me (Basically, the eyes look like their looking at you at almost any angle)

On Thu, Jun 10, 2010 at 10:32 AM, ME wrote:
Five fingers, four toes, static jaw, and may I ask what the difference is between follow me and toony is? Do you have reference pictures of the two?

 --- On *Mon, 6/7/10, HER* wrote:
From: HER
Subject: Re: Fullsuit
To: ME
Date: Monday, June 7, 2010, 6:00 PM
 A check or a money order are perfectly fine~ It'll be all together $650 + shipping later on down the road when I'm ready to ship her out. And yes, I'll need a DTD + a tracing of your hand for accurate measurements for your gloves. I need your shoe size and also a measurement around your head at it's widest point.
How many fingers? (I see 5 but I just want to make sure) same with
toes:
what type of jaw? (moving or static)
Eyes?: (follow-me or toony?)
And That's it for now =3
 My address:


On Mon, Jun 7, 2010 at 10:19 AM, ME
wrote:
 
I'm ready to commission a full suit from you. Does a check or money order work as the down payment?
Here are my character sheets.

[removed links]

Just imagine the body with the head that is on the other sheet, not the head that is on it. Do I need to make a DTD for you?
----

As proof that the C&P is legit here is a screen cap of some of it.
http://img.photobucket.com/albums/v172/CatZero/Proofofe-mail.png

She never took any pictures of the full suit, only two of the head.

A whole lot of drama that centered around her being kicked out of her house by her mom, and stuff happened that October- her due date. So we came to an agreement that she would give me part of the suit at MWFF and the other part later. I do have my head, handpaws, and tail. She sent them to a friend who met up with me at MWFF and gave me the items.

Here she acknowledges that she still has yet to make the full suit. http://www.furaffinity.net/journal/2016548/ Also I saw HiFi later last year at AC '11. He had his full suit, and even mentioned how he did not like what Keryu was doing to me. I know that is heresay, but it did happen.

Even around the time of AC I talked to Keryu through PM:
http://img.photobucket.com/albums/v172/CatZero/KeryuJuneJuly.png

I really wanted to know how much it would cost to just send feet paws and a body suit. $15-$20? I was actually considering sending her more money! I realize now how crazy that would have been, but I was desperate. I wanted my suit.

I can only assume that the suit is complete at this point as she has NEVER sent any pictures of the full product. Only the head shots that are in her Keryu gallery.

This past November I even tried getting into contact with her again. To which I have not gotten a reply. So at this point I also have a "lost contact" greivence.
http://img.photobucket.com/albums/v172/CatZero/KeryuNov.png

Here is the point where I have another problem. She has changed her ToS FOUR times since I first commissioned her. I no longer can find the original for screen cap, (a friend might have it) but I can assure you that the one I do have I NEVER got to agree to (sign and mail in.) I also don't know which ToS I am to abide by, the one I agreed to, or this new one.

Allow me to show you where all of this fear stems from.
http://img.photobucket.com/albums/v172/CatZero/KeryuTOS1.png
http://img.photobucket.com/albums/v172/CatZero/KeryuTOS2.png

So what exactly does she consider herassment? As far as I know of the law it is not called herassment if you owe someone something, and they try to get in touch with you to get it. Also regardless of this new ToS she has still broken her side of the contract. Ten months total for a full suit no matter it's complexity. It has been well over two years now. Even longer for some people who commissioned her.

For anything else I might have missed here are her journals list. http://www.furaffinity.net/journals/keryu/#jid:2163494
Note all of the conventions that she likes to go to after taking on commissions. I guess we know where the money really goes.



EXPLAIN:  I don't know what else to do, or where I can go. I only hope that what we (me and others) have gone through happens to no one else. Please heed this beware, and save yourself the heartache.
Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.
https://artistsbeware.info/

Comments

( 16 comments — Leave a comment )
snowhawk
Feb. 12th, 2012 03:29 am (UTC)
I also don't know which ToS I am to abide by, the one I agreed to, or this new one.

You should abide by the one you agreed to when the commission process started.

I really hope this works out for you. I'm not too fond of her wording in that latest ToS, and I think the time frame with lack of updates has dragged on far, far too long.
catzero
Feb. 12th, 2012 06:58 pm (UTC)
Thanks, I wasn't completely sure on that one. I thought that would be the case though.
celarania
Feb. 12th, 2012 03:36 am (UTC)
I would not worry about harassing the artist by poking her every now and then. If nothing else, the artist should speak up if she feels you are harassing her by bothering more than you should.

In addition the clause about holding onto the commission and reselling it is illegal. She doesn't get to keep your money and your suit/the profit from your suit. The most she could do is resell and refund you the price she got from it. If she doesn't sell it, she would be obligated to refund you or send you the suit as is.

I don't know much about suits, so I can't help you much there.

I only wonder - when was the last time you contacted the artist? It wouldn't hurt to poke them again.

Edit: Also as snowhawk said, you're not under her new TOS unless you agreed to it. Once the contract is in place, it can't be changed unless both parties agree to it.

Edit 2: I'm really not liking the idea that legal threats constitute harassment. While blackmail can be harassment, legal threats cannot be blackmail.

Edited at 2012-02-12 03:42 am (UTC)
catzero
Feb. 12th, 2012 07:00 pm (UTC)
I'd try to get a hold of her again if I could, but my last note still sits unread. It's as if she completely walked away without a care in the world that she still owes people their paid products.
celarania
Feb. 12th, 2012 07:41 pm (UTC)
Even if your last note is unread, send another one. It might be buried way back there, accidentally deleted, or it may just be an FA error.

It's as if she completely walked away without a care in the world that she still owes people their paid products.

I understand your frustration here 100%, but that attitude won't help resolve the situation. The artist is not right, and what they did is not okay, but contacting them again will not hurt and can help you get your money's worth.
copper_curls
Feb. 12th, 2012 05:46 am (UTC)
I agree with snowhawk and celarania You didn't sign the new TOS, therefore you are not bound by it.

Also, as celarania says, inquiring about your suit, especially since it's been well over the 8 months she mentions in her TOS, does not in any way constitute harassment. Harassment would be if, a month after commissioning it, you were noting or emailing her daily to ask. By all means contact her and ask what the hold-up is.

Also, have you talked to anyone else who has commissioned a fursuit from her, other than HiFi? It might be worthwhile to ask them whether they received what they paid for and generally what their experience was like.

ETA: Also, if you still have your carbon copy of the money orders, it might be useful to scan and post them here as further proof? Not sure if that's necessary, as the cut-n-paste indicates she acknowledges receiving payment.

Edited at 2012-02-12 05:50 am (UTC)
catzero
Feb. 12th, 2012 06:55 pm (UTC)
Yes, I have talked to other people who commissioned her. One being the top shout on her new FA account. He was the one who sent a trouble ticket on Keryu to Dragoneer. Dragoneer then pointed here telling us to make a post.

I would scan the money orders, but I just moved, and everything is still in boxes.
obsidianwolfess
Feb. 12th, 2012 08:38 pm (UTC)
"I will not tolerate any form of harassment, including legal threats." ---I'm pretty sure there's no way that would ever hold up in court. (Confirm/deny???)

Either way, I hope this gets resolved. I wouldn't worry about continuing to poke her. That's not technically harassment as far as I'm aware. Her lack of response since November is definitely troubling, too. :C
iinkwell
Feb. 13th, 2012 10:10 pm (UTC)
As far as legalities go, no this would not stand up in court (had to ask my mom the paralegal just in case before I posted this). A policy like that is asking someone to give up full rights to their property, and is basically coercing clients to 'agree' to having no deadline, no way of getting their money back, and is the equivalent of a scam setup. If anything, the law would heavily scrutinize her, and she'd have to provide MULTIPLE commissions with lots of paperwork tracking to get any backup in court, not just the one that was pressing legal charges.

Courts don't take scamming or false advertising lightly, ESPECIALLY with independent contractors & businesses.
Lonnie Duckett
Feb. 14th, 2012 01:22 am (UTC)
No fursuit updat for a year
I did a down payment for half. of $350
Other half for when it was suppose to be done.
The last update she did was a year ago saying she
got everyone's materials. Just needed to sew them all up.

I first commissioned this 2 years ago when I seen
her post from FA.(Furaffinity)
I would like to know whats going on about this, as if it will be done
or not. If not I would like to know if a refund would be possible. 2 years is a long time to wait, also a year with no update has me concerned to if my money is lost.
enter_data_here
Feb. 14th, 2012 03:11 am (UTC)
She posted this journal 7 months ago so it's not like she isn't aware of what she's done: http://www.furaffinity.net/journal/2536850/

Seems like a lot of people are giving her butt pats, if it were me I'd be more aggressive about getting at least a refund at this point.

I hope you can get a hold of her soon and get this resolved!
frazzled_niya
Feb. 14th, 2012 08:15 am (UTC)
You are well within your rights to start legal action if you wish to go down to avenue. You spent the money and haven't gotten the goods you were paying for.

It may pay to let this person know they have been posted here and that you either want the product finished/unfinished with the materials that are still to be used that she bought with your money. Or a full refund.

Snowhawk is correct in saying that you need not abide by the new TOS.

I know with the anxiety that you have doing some of this may be hard, but at the end of the day the money you spent wasn't just pocket change. I hope this works out for you. (give your anxiety a good kick in the pants too.)
keryugami
Feb. 14th, 2012 03:24 pm (UTC)
I can't say I have an excuse or a reason. Plain and Simple, I bit off more then I could chew. I believe I was in High school when I took on your commission? That was a bad move on my part.

Regardless, my behavior and complete disregard for your commission has been deplorable.

I want to rest some People at ease though, I've found a new partner (Who I will not name because he does not need to be flamed for my mistakes) And he is helping me with my sewing that I have. I can't give you a proper time frame of when it will be done but it WILL be done in the next two weeks since I've finally made a set schedule on when I am working on my commissions. I Know What I'm saying won't hold water but I know my actions will speak much louder for me.

Again, I have no excuses for why I completely ignored everyone, I just felt like I was trapped and needed to feel like I wasn't loaded down. A selfish move, I know but it helped me.

So honestly, what would you like from me? I can finish your suit and have it shipped in no more then two weeks, or I can have you a refund.

(Also, just to clear up the air, It is not this Artist Beware that kicked my rear in gear. I have been working on commissions for a short while again.)
keryugami
Feb. 14th, 2012 03:38 pm (UTC)
I actually need to make it to class, but I'll be back later.
catzero
Feb. 15th, 2012 04:43 am (UTC)
In all honesty I still just want my suit. The body suit and the feet paws. I can PM you on here with the new address.
keryugami
Feb. 15th, 2012 02:58 pm (UTC)
I'm dropping off the fur to be sewn before I go to school today. He said he should be done in the next day or two. I'll get your address as soon as it's boxed up.
( 16 comments — Leave a comment )

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