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. If you want an Upload- Join my server and request it! (extra fees apply). 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:
I have a designated person which can do the following commission work: Uploading, Quest Conversions, Unity Edits (color changes/toggles/adding gimmicks/etc), Blender Edits (adding clothing, accessories, ears/tails/etc), Making Green Optimized version of my avis, etc,- please join my server and ask if you want any of this done and more! (https://discord.gg/HrmJCQrJ6P)
The only person officially approved to do commissions regarding my avatars is Kitty!
Commission work is paid ofc! Review her prices in her link- price may vary depending on request.
NOTE: Exceptions can be made depending on situation/circumstances, to ask/discuss you can open a ticket in my server!
6. You can NOT take/reuse ANY parts/assets/textures/materials/bone settings/etc. from my avatars. Not even for personal use.
7. Price splitting 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/Ofans,etc. for MONETARY purposes (earning money using my work) you MUST credit me as the creator (Cupkake) and my shop with a link (https://cupkake.store) somewhere CLEARLY VISIBLE on your Page/Bio/Description/Video/Stream/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. You CANNOT make and sell/make profit from any kind of merch/items/etc using the imagery of my avatars, edited or not! Imagery includes ANY 3D and 2D depictions of my avatars, again edited or not in any way!
13. My models CAN be used in other VR games/platforms similar to VRchat (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.)
14. 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.
15. I am NOT responsible/liable for the kind of edits/kind of actions people do to/with my avatars. I do NOT support any kind of hateful/malicious/illegal/etc. or any kind of damaging imagery/actions.
16. 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.
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. You CAN edit the assets freely! Edit textures, edit meshes, etc, as long as i am still credited properly!
8. You CAN use ANY amount of assets from me! Just please do not make your whole avatar purely from my assets, that's just scummy.
9. The assets 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 be used on Free/Nitro models, Public models, Commercial models, Commissioned models!
12. My assets CANNOT be used in other games/platforms, they are PURELY made for and to be used for VRCHAT.
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. Also a MUST to PUBLICLY list my credit on your shop page!
(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).