LICENSE AGREEMENT

This License Agreement (the "Agreement") is entered into on the date of download between SHOPPREY.COM, a creative company specializing in virtual avatars (hereinafter "Shopprey"), and creative professionals interested in using the 3D models or creating content designed for Shopprey products. The Agreement becomes effective as of the date of download of the (“FaceShaper”) also known as the (“Devkit” or “Kit”).

Shopprey is a company that focuses on the development of virtual avatars for use in the virtual world of IMVU. In addition to creating these avatars, Shopprey allows designers, also referred to as "content creators/ developers/ devs/ creators," to produce content compatible with specific products designed by Shopprey. These content creators can then promote their creations as compatible with Shopprey & Sweetener (on IMVU) products.

The blend file, encompassing all its constituent elements, is subject to distinct ownership arrangements. Shopprey.com retains ownership of the blend file and 3D models within it, whereas MeshShaper.com possesses proprietary rights to all code, plugins, and libraries incorporated within. MeshShaper.com's services are engaged for the purposes of providing consistent updates and maintenance to these components.

By downloading and using Shoppreys’ “Devkit”, the Licensee agrees to be bound by the terms and conditions of this Agreement. If the Licensee does not agree to the terms of this Agreement, they are not permitted to use any aspect of the creative files provided in the “Devkit”.

 

LICENSE GRANT

Subject to the terms and conditions of this Agreement, SHOPPREY.COM hereby grants to the Licensee a non-exclusive and revocable license to create and advertise content as compatible with select Shopprey/ Sweetener products.

The creator is granted the right to create Faces with the FaceShaper kit.
However, it is important to note that the creator may not modify or remove any part of the face mesh, or base provided in the FaceShaper kit. The only modifications that can be done to the Face are through the Face shaper sliders/ panels/ API.

All products created using the FaceShaper kit (including the use of its auto rigging capabilities and features) MUST be derived from the Sweetener derivable links.

When using this Devkit the Licensee/ Content Creator is required to derive from one of the product links provided under the shop “Sweetener” on IMVU. Links below:

• Female Face Derive: https://www.imvu.com/shop/product.php?products_id=63837414
  
  
• Male Face Derive: https://www.imvu.com/shop/product.php?products_id=63837456
  
  

Failure to derive from any of the products from the users “Sweetener” shop on IMVU when using this Devkit is considered a breach of this license agreement.


You are permitted to set your products as derivable once you derive from the allocated links shown above. (For setting your products as derivable with shopprey "textures" attached. Please read the "shopprey texture permissions section.")

UV MAPS: You are permitted to provide to the public the UV maps (wireframes) for your face shaper head creations. This includes UV maps for the: face, lashes, brows, eyes, masks, and lips.

It is highly encouraged to always provide all of the wireframes for your heads on your IMVU product pages, so creators who derive from your head know how to use it.

You also have the ability to alter the UV maps of the FaceShaper file to suit your needs. This includes adjusting the mask layers and material IDs.

However, it is important to note that adjusting the UV map of could potentially break the file if you don't know what you are doing, and is not recommended. If you accidently save over the original file with changes to the UVs you will likely have to redownload the kit. 


WATERMARKS:

The watermark embedded within the FaceShaper file must remain unchanged and visible at all times. It serves to protect the proprietary nature of the content and identify its source. You are required to maintain the visibility of the original watermark in all derivative works created using the FaceShaper file. Attempting to remove or obscure the watermark is a violation of these terms of service and may result in the termination of your license and legal action taken to protect the intellectual property rights of the company.

• While you are permitted to add your own watermark, the original watermark must always remain visible and unaltered.
  
  

RESTRICTIONS

As a licensee of the Shopprey "Devkit," you understand that you are not granted full copyrights/ ownership to the content within this Devkit. The files provided include unique and proprietary information and content, such as: code, plugins, libraries, design, face shapes, 3D models, topology, weight-painting, and silhouettes related to the Shopprey Devkit.

- You may NOT distribute any form of the contents provided within the files you receive.

- You may NOT use the contents of the Devkit to recreate, use, alter, re-shape, transfer, alter, Frankenstein, or reference any part of the creative files to make your own.

Examples (but not limited to):

1. Using the contents of the creative files to create your own Devkit
2. Using any of the contents within the devkit/ FaceShaper/ 3D model to create your own 3D model, and/ or use it on other platforms such as (VrChat, Secondlife, Sims, Other 3D worlds, Games, etc.)
3. Using the creative files outside of the IMVU platform, and not deriving from Sweetener Derivables.
4. Use the FaceShaper as a guide or silhouetting to create your own unique face mesh to then be reused, resold, or redistributed.
5. Use or reference the 3D models topology or code.

Additionally, you may not use the contents created with the Devkit (or any derivatives) outside of IMVU. All derivatives using the Shopprey Devkit must derive from Sweetener (on IMVU) derivable links.

 

SHOPPREY TEXTURE PERMISSIONS

You are allowed to provide UV maps (wireframes) of your heads to the public and on your IMVU product pages. For more details about the UV permissions please see the section "UV Maps".

You may also use Shopprey textures in your face shaper kit head creations within the following terms and conditions:

1. Permission to Use: You are hereby granted permission to utilize Shopprey textures in your head creation derivables that use the face shaper kit. This permission extends to the files that were provided within the kit such as the: UVs/ Wireframes, lashes, brows, eyes, and masks shaders.
   
   

2. Usage Limitations: While Shopprey allows the usage of their textures on derivable products created by Prey, Sun, & Moon, it is important to note that you cannot set the Shopprey texture files as derivable when deriving from those creators.
   
   However, there is an exception for Sweetener Derivable Heads that utilize the face shaper kit, where you are granted permission to use Shopprey textures and set them as derivable. It is crucial to follow this condition. 
   
   Additionally any textures provided within the face shaper kit can only be applied to heads that have been created using the face shaper kit, and are derived from Sweetener's allocated head derivables.
   
   

3. Restricted Distribution: It is strictly prohibited to distribute, share, or give away the Shopprey texture files. These files must not be made available for download to the public or shared in any form. This includes sharing them on but not limited to: IMVU product pages, within the IMVU photo album, IMVU feed, Google Drive, Dropbox, and/or other similar platforms.
   
   

4. Derivability Limitations: You are strictly prohibited from setting Shopprey textures as derivable when deriving/ creating derivatives from other creators or heads; even if the texture is edited, altered, or frankienstiened. 
   
   

5. Watermarks: Any watermarks provided in the Shopprey texture files must not be altered, hidden, or removed.
   
   
   

LICENSE KEYS

1. Upon purchase of the FaceShaper Kit, you will receive a unique license key that is tied to your account. This license key is required to access and use the FaceShaper file.

2. The license key is non-transferable and may only be used by the individual who purchased the FaceShaper Kit. Sharing or distributing the license key to others is strictly prohibited and will result in a breach of these terms of service.

3. If you are a team, partnership, or any other collaboration, each individual must purchase their own FaceShaper Kit and obtain their own unique license key.

4. If the license key is lost or stolen, it is your responsibility to contact SHOPPREY.COM to request a new license key.

5. SHOPPREY.COM reserves the right to revoke or terminate a license key at any time, for any reason, including but not limited to violation of these terms of service.

6. By purchasing and using the FaceShaper Kit, you acknowledge and agree to these terms and conditions regarding the use of license keys.
   
   
   

Secondary Accounts/ Alt Accounts:

Every License is linked to a single creator catalog ID (CID). For secondary accounts you need a new License. You may not share one license across multipole accounts.

COLLABORATION/ FILE SHARING:

Individuals who work in a team, partnership, or any other collaboration must each obtain their own Devkit (including, but not limited to, riggers, 3D modelers, texture artists, etc.). Sharing or redistributing any part of the FaceShaper kit to others is strictly prohibited and will result in a breach of the TOS agreement.

 

CONFIDENTIALITY

The Licensee agrees to keep the 3D Models and any associated files confidential and to take reasonable measures to prevent unauthorized access or use.

If the licensee/ content creator violates the terms of the license agreement, they will be required to pay a minimum fine of $100,000 USD to Shopprey.com as a result of their breach of the Agreement. The user takes full responsibility of all use and misuse, by not following this agreement, the user agrees to pay the penalty charge and legal cost.

 

TERMS OF SERVICE UPDATES

You acknowledge and agree that Shopprey.com reserves the right to change and alter this agreement at any time, without prior notice. It is your responsibility to regularly review these terms of service to stay informed of any changes. Your continued use of the FaceShaper file following any changes to this agreement constitutes your acceptance of the updated terms.

 

TERMINATION

This Agreement and the license granted hereunder will terminate automatically if the Licensee breaches any of the terms and conditions of this Agreement. Upon termination, the Licensee must destroy all copies of the Devkit & any 3D Models in their possession, and hide any products created with the files from their IMVU shop. Failure to hide products from their shop (and if necessary, any derivations) will result in DMCA and the possible loss of your IMVU account upon IMVU’s digression.

 

NO LICENSOR LIABILITY 

Shopprey shall not be held liable for any damages or loss resulting from the use of the Creative Files, including but not limited to errors or omissions in the Creative Files, or any loss of profits, business interruption, or loss of data. Shopprey makes no warranty or representation, express or implied, with respect to the creative files, including without limitation any warranty of merchantability or fitness for a particular purpose. Shopprey does not assume any liability for any claims or damages arising out of the use of the Creative Files, even if Shopprey has been advised of the possibility of such claims or damages.

 

REFUNDS

Please note that refunds are not accepted under any circumstances, even if your license is deactivated, disabled, or access to the FaceShaper Kit is limited or removed. Once the purchase has been made, all sales are final. It is your responsibility to ensure compliance with the terms of service and maintain the appropriate usage rights. In the event of license deactivation, disabled access, or any limitations imposed, no refund or compensation will be provided. By purchasing the FaceShaper Kit, you acknowledge and agree to this refund policy.

NO WARRANTIES

Shopprey makes no warranties or guarantees, express or implied, with respect to the Creative Files provided to the Content Creator. The Creative Files are provided "as is" and Shopprey specifically disclaims any warranty of merchantability or fitness for a particular purpose. Shopprey will not be held liable for any damages resulting from the use of the Creative Files, including but not limited to any direct, indirect, special, incidental, or consequential damages. The Content Creator assumes all risk and responsibility for any loss or damage resulting from the use of the Creative Files.

 

LAW ENFORCEMENT

Depending on the seriousness of the offense, SHOPPREY.COM reserves the right to invoke the law without prior notice if the Licensee breaches any of the terms and conditions of this Agreement.

GOVERNING LAW

This Agreement and any disputes arising out of or related to this Agreement shall be governed by and construed in accordance with the laws of the [Mississippi/USA].

By downloading this product, the Licensee/ Content Creator confirms that they have fully read and understood all the terms listed in this agreement and agree to be bound by them upon the date of download. They also agree to be held responsible for any breach of these terms as outlined in the agreement.