[identity profile] rhyn ghye posting in [community profile] artistsbeware2_archive
I'm currently setting up a new TOS for when I open my services again once my space is renovated.
I haven't posted a lot on A_B but I've been a long-time post stalker and I've seen countless times commenters say how TOS's aren't a legally binding contract.
My TOS in its current state says what a person requesting my services can't do after I've completed and publicly posted said service.
With that in mind, how do I protect myself with my TOS from people who figure out I can't legally hold them to it?
On a side note, no money is passing hands, it's there for more of a protection of my good name online.

The TOS: (It's for character reviews and this fandom I'm doing them for is "particular" about characters and reviews)

1) By submitting you OC (Original Character) in the comment section below and specifying for review you are agreeing to the rest of this T.O.S.
2) All reviews are posted publicly, you may not ask for a review to be private.
3) In the case of a W.I.P. (Work-in-progress) character, you will not send me updates on the character after you have submitted the character to me.
4) I am not responsible for any unwanted comments or extra critiques by third parties after or before the post of the review.
5) You have asked me specifically to review your character, I have not randomly chosen a character to review without your permission.
6) This is a character that you want a critique and honest opinion on.
7) I own nothing in the review except my own words and any drawings that I myself have made for the video or thumbnail.
8) I do not attack, favor, or hold grudges against people, reviews are neutral and I do not rate a character depending on my relationship with the character's creator.
9) The character that you submit to me is your original character (not a friend's character) created on original or credited lines and is not heavily influenced by another character or copies one completely.
10) You will not rush me or ask that I make your review priority.

Date: 2016-06-19 04:10 am (UTC)
From: [identity profile] honeynuggets.livejournal.com
I think this is more like behaviour guidelines than a TOS. I agree with sableantelope, from a legal standpoint most of these guidelines would likely already be covered by most user agreements. That being said, I've done big raffles and such before and I totally get that you might need these!

I think they could be a little more condensed -- #3 and #10 could be combined (something like "You may not contact me to give me updates on the character you have submitted, or to ask me to finish your review faster."), #5 could be combined with #6 and #9 ("The OC you submit must be your own (not your friend's or a heavily influenced/copied character), and by submitting an OC you are giving me permission to give you an honest critique and opinion on it.").

I think that #2, #4, and #8 are fine as-is. I kind of question the need for #7 but if you feel like you need the disclaimer then it's fine as-is.

I don't know if you have any guidelines for after the review is given, but you might want to add something like "You are under no obligation to edit your character following my review. If you do choose to edit your character, there is no need to credit me for the edits I've suggested." Maybe consider making a rule about whether people can re-submit a character that you've already reviewed?

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