❗IMPORTANT NOTE: If your payment is not going through, please contact your bank/card issuer, and make sure to confirm you want to make that payment.❗

Terms of Service/Terms of Use/User Agreement

【Term of Use/Service for my AVATARS】

1. Do NOT redistribute my packages in any way, shape or form. (If you want to gift it to someone, use the GIFT CARD system!)

2. Do NOT make any of the avatars public.

3. NO uploads to others accounts.

4. Do NOT claim as your own.

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

6. Price splitting my packages is NOT allowed.

7. The models/avatars you buy from my shop are NOT refundable.

8. You can NOT make big unrecognizable edits to my avatars. Small things like but not limited to:
    • a Hair swap
    • an Ear and/or Tail swap
    • 1 SMALL clothing/accessory change/or add (Eg. - Add a hat to the avi. Or add/swap out a jacket. It CANNOT be a main piece of clothing, and it can only be 1 smaller thing you add or swap out like: Hat/Jacket/Harness/etc. Also, the piece of clothing/accessory HAS to match the aesthetic of the avatar.)
    • Texture/Color edits
The edits listed are not to be made at the same time, only 1 or 2 at most at a time - For example, you can only choose to do Color/Texture edits+a Hair swap, nothing else. Any bigger edits beyond that, that risk making my avatar unrecognizable to it's original are NOT ok. My avatars are my OC's, and i want to keep their design as close to the original as possible, please respect that. (If you are unsure if the edit you want to do is ok or not, feel free to join my discord server and ask! https://discord.gg/HrmJCQrJ6P)

9. 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.

10. If you wish to use my model/s for any kind of media/platform like Instagram/TikTok/Youtube/Vtube/Twitch/P0rnhub,etc.(any kind of media that allows you to profit from it) you MUST credit my shop with a link (https://cupkakes-haven.myshopify.com/somewhere CLEARLY VISIBLE, on your page/description/video/etc!! (Only valid for instagram: You can tag my instagram acc https://www.instagram.com/cupkakes_avatars/ )

11. My models 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. (Unless they also obtain a license for said model/s., and again, credit must be given to me with a link to my shop!)

12. 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.

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

______________________________________________________________


【Term of Use/Service for my Scratch ASSETS】

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

2. Do NOT redistribute my assets in any way, shape or form. (If you want to gift it to someone, use the GIFT CARD system!)

3. Do NOT claim as your own.

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

5. Resell on finished products ONLY is allowed with proper credit to me.

6. The assets you buy from my shop are NOT refundable. 

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 and small accessories like jewelry/piercings/pasties.) Disclaimer: That rule is NOT valid for 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!

10. The assets you buy from my shop are NOT refundable.

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 (Full discord tag + 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, preferably use my full discord tag (Cupkake#6666) as well as MUST link to my shop (https://cupkakes-haven.myshopify.com/),or 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➤ Hair,Fox ears,Fox tail,Hoodie - Cupkake#6666 - https://cupkakes-haven.myshopify.com/)


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 DISCLAIMER: 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.


P.S - 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.