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༒TOS༒

ROSARIUM — TERMS OF SERVICE

By purchasing, downloading, commissioning, or otherwise using any product or service provided by Rosarium, you acknowledge that you have read, understood, and agreed to these Terms of Service (“TOS”).

These terms apply to all avatars, assets, textures, commissions, edits, files, and other digital products or services provided by Rosarium.



1. GENERAL TERMS

  • All products and services provided by Rosarium are subject to these Terms of Service.
  • You are responsible for reading and understanding these terms before making a purchase or submitting a commission request.
  • Purchasing a product or service constitutes your agreement to these terms.
  • Rosarium reserves the right to update these terms when necessary. Continued use of Rosarium's products after an update constitutes acceptance of the revised terms.
  • Rosarium reserves the right to refuse, suspend, or terminate a commission or service when necessary, including in cases involving false or misleading information, violations of these terms, harassment, fraud, abusive behavior, or other inappropriate conduct.
  • Rosarium is not obligated to provide services to any individual who violates these terms or whose conduct creates a reasonable concern regarding the safety, legality, or integrity of Rosarium's business.

2. AVATAR TERMS

Personal Use Only

Unless explicitly stated otherwise by Rosarium, all Rosarium avatars are for personal use only.

You may not:

  • Resell the avatar or any portion of it.
  • Redistribute the avatar or its files.
  • Share, leak, or publicly upload the original avatar files.
  • Give the avatar files to another person.
  • Use the avatar or its included files as a base for another commercial product.
  • Claim the avatar, artwork, assets, or other included content as your own.

Purchasing an avatar grants you a license to use the product, not ownership of Rosarium's intellectual property.



3. AVATAR EDITS

You are allowed to commission another person to edit a Rosarium model, provided that both you and the person performing the edit legally own or have a valid license to use the model being edited.

The person performing the edit must have legitimate access to and appropriate licensing rights for the model.


Prohibited Hard Edits

Hard edits are not permitted unless Rosarium has given explicit written permission.

Hard edits include, but are not limited to:

  • Sculpting or substantially reshaping the model.
  • Head swaps.
  • Body swaps.
  • Major mesh alterations.
  • Substantial changes to the original model's topology or proportions.
  • Using an Rosarium model as a base for creating or selling another model.

If you are unsure whether an edit qualifies as a hard edit, contact Rosarium through a support ticket before performing or commissioning the edit.

Do not assume that an edit is permitted simply because it can technically be performed.



4. ASSET & TEXTURE TERMS

Unless specifically stated otherwise:

  • Assets included with Rosarium products may only be used according to the license associated with the product.
  • Assets may not be redistributed, resold, leaked, or uploaded separately.
  • Textures, materials, meshes, and other files may not be extracted and repackaged for distribution.
  • You may not claim Rosarium's original work as your own.
  • You may not use Rosarium's work to create competing commercial products without written permission.

If an asset has additional creator-specific restrictions, those restrictions remain applicable.



5. COMMISSIONS

By purchasing a commission from Rosarium, you agree to provide accurate and complete information regarding your requested project.

Rosarium reserves the right to refuse or terminate a commission if:

  • The client provides materially false or misleading information.
  • The client violates these TOS.
  • The client engages in harassment, threats, discrimination, hate speech, fraud, or other abusive behavior.
  • The requested work violates applicable law or third-party rights.
  • The client attempts to circumvent Rosarium's licensing restrictions.
  • Completing the commission becomes impractical or impossible.
  • The client engages in conduct that materially interferes with the commission process.
  • The client engages in conduct that Rosarium reasonably determines creates a serious safety, legal, or reputational concern.

Rosarium may also refuse work involving prohibited or inappropriate content.



6. COMMISSION FILES & RIGHTS

Unless otherwise agreed to in writing:

  • Commissioned work remains subject to the applicable licensing terms.
  • Payment for a commission does not automatically transfer copyright or intellectual-property ownership to the client.
  • The client may not resell, redistribute, or commercially exploit commissioned files beyond the rights specifically granted by Rosarium.
  • Any third-party assets used in a commission remain subject to their respective creators' licenses.

If a commission is canceled, abandoned, or otherwise terminated, the rights to any unfinished or completed work will depend on the circumstances of the termination, applicable licenses, and any written agreement between Rosarium and the client.




7. REFUNDS & CANCELLATIONS

All sales are final unless otherwise required by applicable law or the applicable payment provider's rules.

Because digital products and commissioned services may involve files, labor, time, and resources that cannot be returned once provided or performed, refunds are generally not offered.

However, nothing in this section is intended to waive any rights that cannot legally be waived.

Rosarium may determine whether a refund is appropriate based on the circumstances of a cancellation or termination.


Payment Providers

Payment processors such as PayPal may have their own policies, dispute procedures, and consumer protections.

These external policies operate separately from Rosarium's TOS and may independently affect a transaction.




8. INTELLECTUAL PROPERTY

All original content created by Rosarium, including but not limited to:

  • Avatars
  • 3D models
  • Meshes
  • Textures
  • Materials
  • Artwork
  • Logos
  • Branding
  • Promotional images
  • Product files
  • Written content

remains the intellectual property of its respective owner unless ownership has been explicitly transferred in writing.

Purchasing a product does not transfer copyright or intellectual-property ownership.

You may not reproduce, distribute, sell, sublicense, or claim ownership of Rosarium's original work without appropriate authorization.




9. PROHIBITED BEHAVIOR

Users may not use Rosarium's products or services to facilitate:

  • Fraud or deception.
  • Unauthorized redistribution.
  • Copyright infringement.
  • Harassment or threats toward Rosarium or other individuals.
  • Hate speech or discriminatory conduct.
  • Sexual exploitation of minors or child sexual abuse material.
  • Unauthorized commercial redistribution of Rosarium's work.
  • Attempts to bypass licensing restrictions.
  • Any activity that violates applicable law.
  • The illegal distribution of Rosarium's or other creators avatars/assets/ and other works created by on to be sold.

Rosarium may also take action against individuals who engage in serious harmful conduct outside of Rosarium's products or services when such conduct is reasonably relevant to Rosarium's decision to provide, continue, or terminate a business relationship.




10. MISCONDUCT, LICENSE REVOCATION & COMMISSION RESALE

Rosarium reserves the right to terminate a client's license, cancel services, and/or revoke access to commissioned work if the client violates these Terms of Service or engages in conduct that Rosarium reasonably determines to be seriously harmful, unlawful, abusive, or otherwise incompatible with Rosarium's standards.

This provision may apply to conduct occurring before or after a purchase or commission.

Examples of conduct that may result in termination or revocation include, but are not limited to:

  • Pedophilia, child sexual exploitation, or the promotion, support, facilitation, or normalization of sexual abuse involving minors.
  • Hate speech or participation in hateful or discriminatory conduct.
  • Criminal activity or serious unlawful conduct.
  • Harassment, threats, stalking, intimidation, or targeted abuse.
  • Fraud, scams, theft, or deceptive conduct.
  • Sexual exploitation or other harmful exploitation of individuals.
  • Supporting, facilitating, or materially contributing to harmful or abusive conduct.
  • Deliberately concealing material information from Rosarium in order to obtain services or products.
  • Serious violations of these Terms of Service or the licensing terms associated with an Rosarium product.
  • The illegal distribution of Rosarium's or other creators avatars/assets/ and other works created by on to be sold.

Commissioned Work Following a TOS Violation

If a client materially violates these Terms of Service, Rosarium reserves the right, to the extent permitted by applicable law and subject to any third-party licenses or intellectual-property rights, to terminate the client's license to the commissioned work and discontinue the client's right to receive or use the work.

Where Rosarium owns the applicable.