1. Introduction
This User License Agreement ("Agreement") is a legally binding contract between you ("User" or "You") and ItsGuusy ("Creator") concerning the utilization of the digital virtual reality avatar asset referred to as "The Winterbold" ("Asset"). By purchasing, or utilizing the Asset, or marking agreement, you explicitly consent to adhere to the terms and conditions stipulated herein.
2. Permitted Use
2.1 Primary Use: The Asset is expressly intended for usage within virtual reality platforms such as VRChat and may be utilized in other social games and virtual reality environments, unless explicitly prohibited by the respective Terms of Service of those platforms.
2.2 Modification and Integration: Users are permitted to modify and integrate the Asset into other virtual reality games or environments, provided that such modifications do not contravene the Terms of Service of the specific platform or game. The Creator shall bear no liability for any violations of third-party Terms of Service.
2.3 Responsibility: Users assume full responsibility for their use of the Asset and must scrupulously adhere to the Terms of Service of any platform or game in which they employ it.
3. Redistribution and Usage Restrictions
3.1 Credit for VRChat: Users may generate their own publicly available versions of the Winterbold within VRChat, contingent upon maintaining proper credit to the Creator, ItsGuusy. This credit must include "Winterbold by ItsGuusy" in the title located within the radial menu and on a card situated inside the Winterbold's chest.
3.2 Redistribution Prohibition: Except as explicitly stated otherwise in this Agreement or upon prior written consent by the Creator, ItsGuusy, any form of redistribution of the Winterbold or its related parts, whether or not it involves revenue generation, is strictly prohibited.
3.3 Consent Requirement: Any exceptions to this general redistribution prohibition must be explicitly stated in writing by the Creator, and such exceptions shall be limited to the specific terms and conditions as outlined in the written consent.
4. Commissioned Customization of Winterbold
4.1 Commissioning Rights: Users who hold a valid and active license for the Winterbold asset are permitted to receive and request commissions for the customization of the Winterbold.
4.2 Compliance with this Agreement: All commissioned customizations of the Winterbold must comply with the terms and conditions outlined in this Agreement, including but not limited to the prohibition on redistribution, unless explicitly stated otherwise by the Creator.
4.3 Accountability: The User receiving the commission shall be held accountable for ensuring that any commissioned customizations do not infringe upon the rights of the Creator or violate any applicable laws.
4.4 No Transfer of Ownership: Commissioned customizations do not transfer ownership or rights to the Winterbold asset to the commissioning party, and the original Creator, ItsGuusy, retains all rights and ownership of the Winterbold.
4.5 Dispute Resolution: Any disputes or issues arising from commissioned customizations shall be the responsibility of the parties involved, and the Creator shall not be held liable for such matters.
5. Additional Exceptions and Conditions
5.1 Influencers, Online Content Creators, Streamers, and VTubers: Influencers, online content creators, streamers, and VTubers are granted permission to integrate the Winterbold species into their online personas. However, it is vital to acknowledge that ownership of the species unequivocally remains vested in the Creator, ItsGuusy. The Creator retains the unfettered rights to retroactively alter or define the species' history, background, and overall "Canon" as deemed necessary.
5.2 Creative Works: Individuals are permitted to incorporate the Winterbold species into their own creative works, subject to the condition that proper credit is attributed to the Creator, ItsGuusy. The individual explicitly renounces any claims of ownership over the species.
5.3 Commercial Usage: The utilization of the Winterbold species in any revenue-generating media or product, beyond the ambit of "low budget" online video content creation, online streaming / VTubing, asset creation as defined in this agreement, and social media imagery, necessitates prior agreement with the Creator, ItsGuusy. Such usage may demand a secondary commercial license, the terms of which are solely at the discretion of the Creator. For inquiries regarding commercial usage, please contact the Creator at [email protected].