Haru Totetsu (haru_totetsu) wrote in artists_beware,
Haru Totetsu
haru_totetsu
artists_beware

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Artists Beware - Eltalite/Elty/Demu/Rhey - RESOLVED (UPDATE 3)

WHO: Eltalite/Elty/Demu/Rhey

WHERE: FurAffinity (x3) - https://www.furaffinity.net/user/elty
https://www.furaffinity.net/user/demu/
https://www.furaffinity.net/user/rhey/
Weasyl: https://www.weasyl.com/~demu
DeviantART (x3) - https://eltalite.deviantart.com/
https://inkydemu.deviantart.com/
https://demu.deviantart.com/
DeviantART Group - https://whitevale.deviantart.com/
Tumblr - http://eltalite.tumblr.com/
Twitter - https://twitter.com/eltalite
Patreon - https://www.patreon.com/eltalite
(There may be others I am unaware of. I apologize for this.)

WHAT: An Original Species Adopt Found here: https://www.furaffinity.net/view/18744417/ was sold to me for $250 and has since been reclaimed. I was not given a refund for it, and the individuals that are aids to the seller as well as the seller in question all refuse to even speak to me.

WHEN: I bought the design on January 10th 2016. A dispute between me and the artist occurred sometime in October 2016 that got me blocked by them everywhere, including emails after an email exchange with the artist. The adopt was "reclaimed" on August 24th 2017 and after a brief attempt at an email exchange I was dismissed, and ignored. (Please note that I live in the UK which will cause time zone differences between me and the artist as they don't live in the UK)

EXPLAIN & PROOF: On January 10th 2016 me and the artist entered an exchange via notes that displays my interest in buying the adopt in question. The artist accepted and I sent them the payment without delay within the space of an hour. (Notes: https://drive.google.com/file/d/0BzhBESqCaxDiUDFVS3EydDlvSGs/view?usp=sharing, PayPal: https://drive.google.com/open?id=0BzhBESqCaxDiQUJHNFdFWi0yVjA)

On October 2nd 2016 Demu posted a journal concerning the his original species Ferrin, stating that female Ferrin no-longer had breasts as they lay eggs instead of producing live young, negating the need for the females to produce milk. I posted some comments on this journal and Demu took offence with them and blocked me, on every platform they knew or could discover I was on. Now when I purchased the adopt they make it a requirement that we adhere to an agreement called the Ferrin Adopt Agreement. this agreement is updated regularly and I can not provide the version that I initially agreed to or the version of it that was enforced at the time I was blocked. The current version is here: http://whitevalestudio.com/athenaeum/doku.php?id=documentation:adopt_agreement . The reason this is relevant is because it was last updated on November 2016, after October 2nd 2016 when this incident be
tween us took place. The oldest version I can find is here: https://sta.sh/0kw73r0l6sq which was updated October 2015

Now after being blocked initially I felt terrible and disgusted with myself to the point it had a negative consequence on my mental condition, so I panicked somewhat and emailed them to apologize (https://drive.google.com/file/d/0BzhBESqCaxDiaGR3RUxRT0FqVGs/view?usp=sharing) . This didn't go down well. But being in the panicked mood that I was and the overly emotional state that comes with my depression, I kept talking (https://drive.google.com/file/d/0BzhBESqCaxDiMnFveHFWY3pkem8/view?usp=sharing) because that's how I am. It's how I've been forged and is a sad factor of how I work no matter what. This I can explain, for those that wish to know.

That also did not go down well (https://drive.google.com/file/d/0BzhBESqCaxDiU1NQaXl1T2FTSEU/view?usp=sharing, https://drive.google.com/file/d/0BzhBESqCaxDicVlVVTNGVmt2QkE/view?usp=sharing), they blocked my email and I could not reach them (not sure how you "block" an email) so anything I sent to them after a certain point would not be seen by Demu, or anyone else with access to the email.

The reason this is important is because in the version of the Adopt Agreement I was bound to it stated that if I wanted to sell an adopt I needed to inform Demu of it first, with me being blocked, I could not do so in any way shape or form. So this for me potentially dissolved our agreement as that can happen when one makes it impossible for one party makes it impossible for the other party to fulfil their part of said agreement. So by blocking me everywhere, Demu essentially nullified the Adopt Agreement between us meaning it did not apply to me any longer or the Ferrin I adopted. But the opposite could also be true as the full legal depth of it is rather tricky as it's essentially impossible to copyright a species based on a design and words alone, because of how copyright law works. So for me I was left in a sort of limbo, and wasn't exactly sure how to progress. So I settled on a compromise. I would bind myself to the majority of the Agreement as it was written on
the date of me being blocked from contacting them via email, I would check Demu's account once a month to see if I'd been unblocked to establish that the Adopt Agreement would then be reestablished between us as the original issue was resolved, and in 1 year (October 2nd 2017) if I was not unblocked, I would check the new Agreement and decide if I wished to follow it, if not I would ask a friend to contact Demu and notify them of this and state I wish to sell the design to not cause a conflict of interest. i tried to illustate this ion the ferrin I adopted with the Artists Comment box that comes with everythign one uploads to FA and such sites (This screen shots were sent to me by Demu's staff as their evidence against me https://drive.google.com/file/d/0BzhBESqCaxDiUFhKQVg0M1RmN3hHNVZUcEhnNllseHJzWkpN/view?usp=sharing)That was the plan anyway.

But on August 24th 2017, a member of staff working for Demu contacted me and stated that they were reclaiming the mentioned adopt (https://drive.google.com/open?id=0BzhBESqCaxDibkJNRW14SlpMUnM). One reason for this is because of the above linked part of my Artists Comment box, where I say I will not follow it after the point of being blocked, and the others were because I keep a public list of the people that have blocked me (http://www.furaffinity.net/journal/8003830/, Print Screen provided by Demu's aid in case it gets deleted: https://drive.google.com/open?id=0BzhBESqCaxDicGlMbkJwelhFdnpqUmJUSUpjdFlYWXNWcHQ4) on an Announcement Board style Journal, this is to ensure anyone that follows me is aware that those artists shouldn't be recommend
ed to me since I'm blocked, I can't communicate with them. trying to would defeat the purpose of suggesting them, the other is because I have a journal entry entirely dedicated as an apology towards Demu (http://www.furaffinity.net/journal/7838301/, Print Screen provided by Demu's aid in case it gets deleted: https://drive.google.com/open?id=0BzhBESqCaxDiX0JCdi1WMzdEdUZFcl8tMGRZTUtURmM3LVV3). These are notices and a public apology which is in of itself an acknowledgement of wrongdoing. The apology itself was posted in September 2016 and in my previous emails to Demu I informed them about them, and yet are only now bringing it up as an apparent issue. So I responded, again panicking as that's just in my nature and as such it's not going to be very...elegant (https://drive.google.com/open?id=0BzhBESqCaxDiWGNvMUlCaEI0SU0). After that my mind started to swirl with the idea I'd been robbed blind and so I looked up about how PayPal deals with the issue. too late as it has a 180 general limit after the original exchange. This lead me to worry, but then a friend calmed me down and said that it might be best to file a dispute anyway so you have a filed objection but make it so Demu gets a chance to respond. So I did, but the options of what was "wrong" didn't fit the description of what was actually wrong so, i just picked one at random, and filed my complaint with some of my argument included as well as my suggestions on ways to resolve this (Link 1: https://drive.google.com/open?id=0BzhBESqCaxDiNzJobktUOWh6cHc, Link 2: https://drive.google.com/open?id=0BzhBESqCaxDiTUNlNlF0aTRQYkU).

This didn't go down well as I then received another email, that not only dismissed everything I've said but also made many accusations towards me as an individual (https://drive.google.com/open?id=0BzhBESqCaxDiYjl0LXpmOHFTcVE). So to this I responded, with my friend keeping me calm throughout the exchange so that I could put things more elegantly as shown here: https://drive.google.com/open?id=0BzhBESqCaxDiNnJFSloxM3ItQzA.

This email has been ignored and will likely continue to be ignored.

Throughout the exchange since being blocked Demu and their associate has made personal attacks against me as an individual, which for me adds insult to the injury of being left $250 worse off. So for me they have established themselves as a scam artist. I once had further evidence that would support this claim entirely, but I have lost it since my laptop broke and my bookmarks did not import entirely when I used a temporary one. Anything else would be conjecture at this point and I'd rather we all deal with facts.

I as an individual know my faults in this and can learn and grow from it, I can explain some of the issues Demu and his aid have with me but again that would be conjecture. If Artist Beware staff permit I will elaborate in response to any comments that inquire about it.

UPDATE 1:

The artist RamTheDragon has offered to do their own version of the design for me so I'm not using Elty's art anylonger. For free.
The finished image of said piece can be found here (https://drive.google.com/open?id=0BzhBESqCaxDiVXJZMy1xd04zTUU) and here (http://www.furaffinity.net/view/24790880/). They have expressed a willingness to be named, for their kind gesture.

Also in my upload of the image here (http://www.furaffinity.net/view/24790880/) which i have also Print Screen here (https://drive.google.com/open?id=0BzhBESqCaxDiMWpJZ3Zla0JJTVE).

I have also sent an email, shown here (https://drive.google.com/open?id=0BzhBESqCaxDiY3FpbDdaVmR5Rkk), to Elty/Demu, to express my intent on keeping the character.

UPDATE 2:

The artist (Elty) of said Character has contancted me via email here (https://drive.google.com/open?id=0BzhBESqCaxDiWlN2dm9mMHp5SzA) and here (https://drive.google.com/open?id=0BzhBESqCaxDiSkZ6YUtfTnVuT0U). The artist has commented below.

Any future conversations between the artisst and I share in private will either be expalined or shared here, to help anyone that see's this Beware in future be as aware of what has transpired as transparent as possible.

UPDATE 3:
The artist Elty, has been entire appologetic about what has happened. It seems that a friend they trusted to help them manage their emails abused their position of power. This is presumed to be because of issues in their personal life which has nothign to do with either I or Elty. Their original act of reclaiming the character was not a power they were granted by Elty and as such the official statement by Elty the Whitevale team is that it never should have been taken and that the act was more or less a type of theft on their part, caused by a singular member of the team (who has now lost their position). So the issue is resolved.

Tags: artist-demu/rhey/whitevale, resolved
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