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 (“Bodyshaper”) 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”.
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 a variety of products with the BodyShaper kit, including, but not limited to:
- Animal/ Nonhuman/ Humanoid/ Robotic attachments: such as wings, ears, tails, robotic parts, skeletal anatomy, etc.
However, it is important to note that the creator must not manually edit the topology, modify or remove any part of the body mesh provided in the BodyShaper kit. The only modifications that can be done to the body are through the body shaper sliders/ panels/ API.
All products created using the BodyShaper 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:
Sweeteners Shop: https://www.imvu.com/shop/web_search.php?manufacturers_id=255980833
- Female Top Derive: https://www.imvu.com/shop/product.php?products_id=63467423
Female Bottoms Derive: https://www.imvu.com/shop/product.php?products_id=63467434
Female Shoe Derive: https://www.imvu.com/shop/product.php?products_id=63467441
- Female Accessory Derive: https://www.imvu.com/shop/product.php?products_id=63467448
Male Top Derive: https://www.imvu.com/shop/product.php?products_id=62947369
Male Pant Derive: https://www.imvu.com/shop/product.php?products_id=62947380
- Male Shoe Derive: https://www.imvu.com/shop/product.php?products_id=63365237
Male Accessory Derive: https://www.imvu.com/shop/product.php?products_id=63365251
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.
UV MAPS: As the content creator, you have the ability to alter the UV maps of the BodyShaper file to suit your needs. This includes adjusting the skintight layers and material IDs. However, it is important to note that adjusting the UV map of the anyskin layer could potentially break the file and is not recommended.
The watermark embedded within the BodyShaper 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 BodyShaper 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.
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, body 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):
- Using the contents of the creative files to create your own Devkit
- Using any of the contents within the devkit/ bodyshaper/ 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.)
- Using the creative files outside of the IMVU platform, and not deriving from Sweetener Derivables.
- Use the bodyshaper as a guide or silhouetting to create your own unique body mesh to then be reused, resold, or redistributed.
- 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.
Upon purchase of the BodyShaper Kit, you will receive a unique license key that is tied to your account. This license key is required to access and use the BodyShaper file.
The license key is non-transferable and may only be used by the individual who purchased the BodyShaper Kit. Sharing or distributing the license key to others is strictly prohibited and will result in a breach of these terms of service.
If you are a team, partnership, or any other collaboration, each individual must purchase their own BodyShaper Kit and obtain their own unique license key.
If the license key is lost or stolen, it is your responsibility to contact SHOPPREY.COM to request a new license key.
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.
By purchasing and using the BodyShaper 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 the kit to others is strictly prohibited and will result in a breach of the TOS agreement.
Exceptions: If all collaborators have purchased the Bodyshaper Kit using their own unique license key and account, they may share the body shape .FBX file and collaborate on projects. In short, hiring external help would require their own software license key.
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 BodyShaper file following any changes to this agreement constitutes your acceptance of the updated terms.
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.
Please note that refunds are not accepted under any circumstances, even if your license is deactivated, disabled, or access to the BodyShaper 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 BodyShaper Kit, you acknowledge and agree to this refund policy.
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.
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.
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.