T.O.S

By obtaining ownership of a Cheruby you have read and agreed to the following terms.

I. General Terms

• "Cheruby" was founded by bingoisdying and Neyoba, and owned by Arkaingel.
• Cheruby is a closed species, meaning you are not allowed to make one without permission or without an MYO (Make Your Own) Slot.
• Adoptables, designs, and artworks under the Cheruby name are for personal use only, commercial use is prohibited.
• Cheruby does not condone the use of NFT’s (Non-Fungible Tokens), blockchains, or any other form of cryptocurrency. Any Cheruby design and artwork cannot be minted for any reason and will be reported if seen used as such.
• Cheruby does not condone the use of AI art or any other form of AI learning. Any Cheruby design and artwork cannot be used for AI learning for any reason and will be reported if seen used as such.
• Designers retain the rights to showcase their design. This includes all copyrights, rights to the intellectual property, and the rights to distribute, reproduce, and use in their online galleries. Artists will not reuse or resell the design again for personal and commercial projects, unless the design ownership has been traded or otherwise returned to them.
• Unauthorized use of Cheruby designs and artwork via copying, tracing, reposting without explicit credit/permission and other forms of infringement will not be tolerated.
• Plagiarism, theft and heavy referencing within the species will not be tolerated.
• Cheruby does not condone any harassment regarding "off-brand" design and does not care about "off-brand" designs that look similar to the Cheruby species as long as they aren't passing/claiming to be a Cheruby.
• Any form of discrimination, hate speech and otherwise inappropriate and harmful behavior will not be tolerated. This includes but is not limited to: racism, xenophobia, sexism, homophobia, transphobia or harassment in general. We do not allow people that engage or create harmful content in our community.
• Cheruby has a zero tolerance policy for content including: pedophilia, racism, sexism, incest, beastiality, etc. Any users found to have engaged in such content on any platform within or outside the species will be immediately banned and blacklisted.
• Failure to comply with the TOS will result in a strike and limitations with your participation with the species. Repeated or severe offenses will result in a blacklist and any applicable characters will be voided.

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II. MYO Slots & Adopt Sales

• Payments for MYO slots and designs are made in USD via Paypal invoices.
• Payments must be made within 48 hours of receiving the invoice. Failure to pay will result in sale reopening for purchase by other users.
• Backing out of payments will result in a strike.
• Do not file a chargeback, if there are major issues please let the staff team know.
• In the event of a chargeback, you will be blacklisted and lose all rights to the work that was filed on. We have the right to reclaim the design and resell it to a new owner as they have no longer been paid for.
• All sales are final and non-refundable.
• Please be aware of both the species and the individual artists’ TOS when purchasing.

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III. Trading & Reselling

• All parties of a transfer are responsible for knowing the species TOS, new owners must be made aware of this TOS, and will be held accountable if any terms are broken.
• Design co-ownerships are permitted, however Cheruby are not responsible for co-ownership politics.
• All Cheruby design and MYO slot ownership transfers are logged on the CherubyList. The masterlist must be updated with each change of ownership, please follow the form in the comments to have the ownership updated.
• Cheruby cannot be transferred without a masterlist entry.
• All Cheruby have a 2 week cooldown before they can be transferred.
  • Designs cannot be put up for offers/sales within the cooldown period.
  • If you transfer any design within the cooldown, you will be suspended from future purchases of any Cheruby items including adopts, MYO slots, and shop items for 4 months.
• All Cheruby designs and MYO slots cannot be resold, traded, or gifted for more than what they were obtained with unless additional assets were added after obtainment.
  • Cheruby obtained via sale cannot be resold for more than its purchased price without additional paid assets.
  • Cheruby obtained via trading cannot be resold without additional paid assets.
  • Cheruby obtained via gifting & free raffles cannot be traded without additional assets nor resold without additional paid assets.
  • Cheruby can only be sold for the monetary value spent after obtainment.
• Additional assets such as commissions and personal artwork can be appraised to add to a cheruby’s value. Please refer to the “appraisal” section for more information.
• A cheruby can only be sold up to the price listed on the masterlist’s appraised value.
  • It is recommended for buyers to check the masterlist entry’s appraised value and/or ask for proof of appraisal before purchasing any cheruby design.
• Cheruby with alternate forms must include the variants when being resold, traded, or gifted. Those alternate forms may not continue being used separately from the original form unless significant design changes are made so it no longer resembles the cheruby.
  • Cheruby made from pre-existing designs must be traded with the original design.
  • Cheruby with alternate AU’s must be traded with the alternate AU’s.
  • Owners are required to keep a record of previous design variants unless significant design changes have been made.

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IV. Value Appraisal

• To appraise a cheruby’s value, please send a message to CherubyList or submit a private help ticket in the discord server ticket desk.
  • Title: Appraisal for approval
    Body: Masterlist link and proof of value.
• For paid assets and artwork:
  • Send proof of purchase/invoice/etc with the prices.
  • Proof is required for each asset you wish to appraise.
• For personal assets and artwork:
  • Send proof of public commission prices.
  • Proof is required for each asset you wish to appraise.
  • If you do not have available commission prices but still wish to have your personal work appraised, you can suggest a value for the mod team to approve. Please be reasonable, the mod team can reject a proposed value for any reason.
  • This appraisal feature will be revoked if seen being abused.
• MYO submission art cannot be appraised if it is not a paid asset.
• Gift art cannot be appraised.

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V. Design Guide

• To submit a design, please view the Approval Guide.
• All Cheruby designs must be an adult. Suggestive themes and elements are permitted under proper content warnings and image spoilers.
  • Explicit NSFW content is not allowed on the masterlist. Doll nudity is the required minimum.
• Pre-existing designs can be made into a Cheruby at the designer’s discretion.
• Commissioning another artist to design a Cheruby MYO is allowed with proper artist credit.
• Plagiarism, theft and heavy referencing of existing designs is strictly prohibited.
  • Designs based on copyright characters are not allowed, please reference Toyhouse’s rules on the matter under 5.1. Canon Characters.
  • Designs depicting existing real life people are not allowed.
  • Designs based on other peoples’ existing characters require explicit permission with proof of consent or are otherwise not tolerated.
• Crossbreed designs require a rare Corrupt slot and the corresponding CB-compatible item from the other species. Please be sure to abide by the design terms of both species, do not add other closed species traits without the necessary items.
  • Only affiliated species are eligible for CB at this time.

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VI. Redesign Guide

• To submit a design, please view the Approval Guide.
• All redesigns must be approved by a mod and are not considered active until the masterlist entry has been updated.
  • Previous iterations will be kept on the masterlist entry for recordkeeping purposes.
• Once a redesign is approved, the previous design must be archived and cannot be actively used. You can go back to a previous design with a redesign item.

VI.I Redesigning Without Items:

• Design must retain at least 70% resemblance to the original, as such redesigns should stick to minor changes.
• Traits cannot be upgraded or downgraded from any rarity.
• Hair style and color may be changed, alternate hairstyles are acceptable. If the hair covers the entire face, a shot of the face is included on the new reference.
• Clothing is not dictated, Cheruby can wear whatever they want to wear.
• For species traits, such as ears, tail and hooves, you are allowed one alteration.
  ie. You may change the ear type, but you cannot change the tail type as well.
• Minor color adjustments are allowed but the palette must remain recognizable.

VI.II Redesigning With Items:

• Design must retain at least 40% resemblance to the original.
• Traits can be downgraded in rarity with a full redesign item at the designer's discretion.
• Upgrade items can only change the aspects of a design that are being upgraded, you cannot also redesign other aspects.
  ie. You can use a rare upgrade to have rare ears on your cheruby, you cannot change the cheruby's tail at the same time.
• When redesigning a corrupt trait, the type of corruption has to remain the same. You cannot switch the corrupt trait for another corrupt trait.
  Allowed Examples:
  • An elemental tail of fire can be changed to the element of water.
  • Unnatural grey skin can be changed to unnatural blue skin.
  • Glass terrariums horns can change the appearance of the terrarium and the items inside.
  Not Allowed Examples:
  • An elemental tail of fire changed to a different animal tail like a snake.
  • Unnatural grey skin switched to glass terrarium limbs.
  • Organic bridle switched to large wings.
• Trait upgrades and redesigns must be submitted separately.

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VII. Voiding Process

• To void a design, please send the following information to CherubyList or submit a ticket in the discord server ticket desk.
  • Title: Voiding for approval
    Body: Masterlist link, designer’s approval and redesign image link.
• Cheruby can be voided by removing or changing their bridles, patterned ears/ID, and patterned eyes.
  • Additional traits may be requested on a case to case basis.
• All redesigns must be approved by a mod and are not considered inactive until the masterlist entry has been updated.
  • Voided designs will be kept on the masterlist entry for recordkeeping purposes but will be listed as voided.
  • Keeping a link to the masterlist entry is recommended but not required.
• The user is required to archive the voided design in case of future reinstatement.
• The respective artwork of a voided design cannot be actively used unless reinstated.
• The user will not be compensated in any way by voiding a design. They will not receive a MYO slot of similar rarity or any items.
• The appraised value of a voided cheruby may be included in the design’s total value but the design cannot be advertised as an active Cheruby.
  • Any unappraised work of the voided design may not be included in the design's total value.
• Voided Cheruby cannot use official species lore or traits and are unusable for species events.
• The user who voided the design cannot reinstate it, but a new owner can. Designs voided by blacklisting cannot be reinstated.
• To reinstate a design, please send the masterlist link to CherubyList stating you want to reinstate/make the design a cheruby again.
  • Title: Reinstatement for approval
    Body: Masterlist link, designer’s approval

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VIII. Strike System

• Cheruby uses a 3 strike system. Users have up to 3 strikes before being banned and blacklisted.
• Users will receive a strike for minor offenses. These include, but are not limited to:
  • Breaking TOS.
  • Repeatedly violating rules after sufficient warnings.
  • Inappropriate behavior within the species.
• Users will be banned/blacklisted on the fourth offense, or banned immediately for severe offenses.

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IX. Blacklisting

• Users can be blacklisted for the following reasons:
  • Repeatedly violating TOS after sufficient warnings.
  • Producing or engaging with harmful content, including, but not limited to: racism, xenophobia, sexism, homophobia, transphobia or harassment in general. This extends to content outside of the species that is public or otherwise easily accessible.
• Blacklisted users cannot participate in anything related to the species and are not allowed to own a Cheruby. Any cheruby owned and transferred to a blacklisted user will be voided from the masterlist.
• Users found trying to purposely give a cheruby to blacklisted users will be blacklisted as well.