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Terms of Service/Terms of Use/User Agreement

1. Do NOT redistribute/share my packages in any way, shape or form.(If you want to gift it to someone, use the GIFT CARD system!). Sharing a package is ONLY allowed if you purchase a Couple Pack and put in BOTH of your info and the other person's info in the fields (Discord name/VRC name)! You are ofc ONLY allowed to share that package to the person which you put down the info for, NO ONE ELSE!

2. Do NOT make any of the avatars public (edited or not), and do NOT wear/use any illegal public versions, if you want to use my models, you must purchase/obtain them from MY shops/discord ONLY! Making any of my avatars public is ILLEGAL, please report any public versions you see!

3. NO uploads to others accounts. The only way you can upload one of my avatars to someone else's account, is if BOTH parties have bought/own a license to the same avatar! You CAN upload your own avatar you have bought to your own alt accounts, if you are the ONLY person using those accounts!

4. Do NOT claim as your own (edited or not), please give credit if asked/or following rule 11!

5. Regarding commissions:
[IMPORTANT NOTE: I have a designated person which can do majority of what is listed, please join my server and ask if you want any of this done!]
If my avatars are involved in a commission, such as but not limited to - uploading, unity edits, blender edits, turning my model into a .vrm model for vtube streaming, etc. BOTH PARTIES MUST OWN A LICENSE TO THE SAME AVATAR. Both parties MUST contact me via my discord server ticket system (https://discord.gg/HrmJCQrJ6P) or if not accessible, via discord DM, SHOWING proof of purchase and/or proof of gifting the same avatar involved in the commission.

6. You can NOT take/reuse ANY parts/assets/textures/etc. from my avatars. Not even for personal use.

7. Price splitting my packages is NOT allowed.

8. Absolutely NO Refunds/Chargebacks/Disputes/etc. allowed, I only sell/provide digital products, they CANNOT be refunded.

9. You CAN edit my avatars, as long as it is still recognizable as my original avatar! Please nothing too heavy! <3
(This rule only applies to the outer appearance/design of the avatar, nothing else! Adding any unity gimmicks/gogo loco/props/etc is 100% fine!)

10. You can NOT make female/male/gender bent versions of my models, or edit/create other models to look like/match my models. My models are my designs/concepts, by doing that you will be plagiarizing my work.

11. If you wish to use my model/s for any kind of media/platform like Instagram/TikTok/Youtube/Vtube/Twitch/P0rnhub,etc. for MONETARY purposes (earning money using my work) you MUST credit me as the creator (Cupkake) and my shop with a link (https://cupkakes-haven.myshopify.com/) somewhere CLEARLY VISIBLE on your Page/Bio/Description/Video/etc!!
    •  Only valid for Instagram: You can tag my Instagram acc https://www.instagram.com/cupkakes_avatars/ 
    •  Only valid for TikTok: You can tag my Tiktok acc: https://www.tiktok.com/@cupkakesavatars

12. My models CAN be used in other games/platforms (such as CVR/NeosVR/Helios), as long as it is PERSONAL use only and NO ONE else will have access to the files ever. (All TOS is valid for those platforms as well.)

13. I am NOT responsible for any updates that break the avatars, OR any edits you have done that break the avatars in any way, it is up to the customer to update/fix their issues regarding that.

14. Your license (personal) is ONLY valid if you provide the appropriate information asked at check out (Discord name + VRC name). If that information is not provided, your purchase cannot be linked to you, and will NOT be valid, neither will your license. 

     

(Disclaimer: My scratch Body bases, Head base, and DLC Outfits have their own specific Terms of Use in their own descriptions! Please go READ THEM).


1. Can ONLY be used on finished products. (Models/Avatars specifically)

2. Do NOT redistribute/share my assets in any way, shape or form. (If you want to gift it to someone, use the GIFT CARD system!). If used for a commission, BOTH parties must own a license to the same asset/s!

3. Do NOT claim as your own.

4. Do NOT resell on their own, nor take parts of the mesh/texture in any form and try to re-sell those, combined or not with other mesh/texture, etc. in the form of an asset. That is PROHIBITED.

5. Resell on finished products(avatars/models) ONLY is allowed with proper credit to me.

6. Absolutely NO Refunds/Chargebacks/Disputes/etc. allowed, I only sell/provide digital products, they CANNOT be refunded.

7. The model/s being sold CANNOT cost less than the highest priced asset/s that is/are being used. That is only for asset/s made by me. (Eg. - If you bought an asset from me for 20$, the model you are using it on cannot cost less than 20$.)

8. You CANNOT use more than 2 items from my shop or discord server's nitro on the same avatar for COMMERCIAL use.(This excludes my base, head, small accessories like jewelry/piercings/pasties, and textures!) Disclaimer: That rule is NOT valid for PERSONAL models/Commissioned PERSONAL models!

9. The asset/s CANNOT be taken from another creator's model, you MUST buy it off my shop or my nitro first before you use it!

11. My assets can NOT be used on free models, public models, etc. Only for sale or private use. (Exception to this rule is if it's a FREE asset by me, CAN be used on commercial models, free models, public models. 2 Item limit still holds for FREE/PUBLIC models. (MUST link back to me in credits as said below.)

12. My assets CAN be used in other games/platforms, as long as it is PERSONAL use only and NO ONE else will have access to the files ever. (To clarify, you CANNOT take said asset, modified or not, and redistribute it, that is prohibited. Assets can only be obtained from my shop/server, and only used for STRICTLY personal use if you are wanting to use them as mods in a game.)

13. Your license (personal/commercial) is ONLY valid if you provide the appropriate information asked at check out (Discord name + VRC name). If that information is not provided, your purchase cannot be linked to you, and will NOT be valid, neither will your licenses.

How you MUST credit me: You MUST list each and every asset you have used by me, use my discord name (Cupkake) as well as MUST link to my shop (https://cupkakes-haven.myshopify.com/)/or directly link to the specific product page/s from my shop, if it is from my nitro section you MUST link my discord server (https://discord.gg/HrmJCQrJ6P). If you have used assets from both my nitro and my shop, you MUST link both.
(Example credit➤ Ears+Tail, Hair - Cupkake)

By purchasing any of my Models/Assets you agree to the following terms above, if said terms be broken, you are a subject to be taken action against according to the DMCA (Digital Millennium Copyright Act).

IMPORTANT DISCLAIMERS:

• To use the Avatars/Assets from my shop, you need at least some Unity or Blender knowledge/experience, please already have that knowledge/experience, or educate yourself on it, I do NOT take responsibility.

• If you fail to read information readily available on the products page or in my TOS/etc, I am NOT responsible nor liable, it is on the customer to pay attention and read! You can also always join my discord server, and ask before purchasing something if you are unsure.

• If you do not like/will not follow/abide or respect my Terms of Use, please do NOT buy/use my models/assets. Do not try to argue or bend my TOS, that is highly disrespectful.

• The TOS above is subject to change at any time, updated TOS must be followed regardless of purchase date or method of obtaining the asset/s or avatar/s (gifted or purchased for yourself).