Tweenster/Dev Kit TOS
The TWEENSTER dev kit is available for the sole purpose of assisting creators to create clothes and accessories for TWEENSTER.
By accepting and using the TWEENSTER dev kit, you agree to abide by the terms laid out below in the "License Agreement".
- You MUST NOT re-distribute the dev kit to any other person, even business partners, without the express permission of McKenzieKy Resident
- You MUST NOT use the dev kit to create or assist the creation of a competing body
- You MUST NOT post a link to the dev kit for others to download, or re-upload anywhere
- You MUST NOT use stolen copyrighted textures or any other stolen copyrighted content when creating items using the dev it
- You MUST take every reasonable precaution to secure access to the dev kit on your machine, which you've downloaded using the password tW33nst3r
- You MUST immediately inform McKenzieKy Resident if you are aware that an unauthorised person has gained access to the dev kit
Violation of these rules will result in you being removed as an authorised creator, and you will not receive an updated dev kit in the future.
Please note, that as a special precaution with this release, we've watermarked each unique download file so that we can trace any unauthorised sharing.
This agreement (this "Agreement") is a contract between yourself and Meshmerized. By accepting this agreement, you agree to the terms laid out below, and you represent and warrant that you have the right to enter into this Agreement. If you download the Tweenster assets ("the Work") on behalf of an entity, then this Agreement applies to such entity. In such case, you represent and warrant that you have the authority to bind such entity to this Agreement.
This Agreement does not effectuate any sale of the Work. Except as expressly granted in this Agreement, we retain all rights, title and interest in and to the Work. No title or ownership interest in or to the Work is transferred to you by virtue of this Agreement.
2. LICENSE TO THE WORK
Subject to your compliance with the terms of this Agreement, we hereby grant you a non-exclusive, perpetual, worldwide, non-sublicensable, non-transferable license to use the Work for the sole purpose of the creation of derivative assets based on the Work. You may not reproduce, modify, sell, transfer or display the Work itself, in whole or in part.
a. Download and use the work on any machine owned and operated solely by you. If you wish to allow others to access the Work, you must obtain permission from McKenzieKy Resident ("Meshmerized"), and the other persons will also be required to agree to these conditions. b. Use the Work as a guide to assist with the creation of third party assets for Tweenster. c. Continue to use the Work for the aforementioned purpose, while this agreement remains active. d. Use the Tweenster logo in accordance with the branding guidelines (supplied separately).
You MUST NOT misuse the work. Except as expressly permitted in Section 2 above, you MUST NOT:
a. Sublicense, sell, assign, convey or transfer or attempt to transfer any of your rights under this Agreement;
b. Sell, license or distribute the Work or any modified Work as stand-alone or as part of an online database or any other database, or any derivative product containing the work in such way that would allow a third party to use, download, extract or access the Work itself; c. Share the work with any other person or entity, or post the Work online in a downloadable format, post the Work on an electronic bulletin board; d. Use, reproduce, distribute, perform, modify or display the work (including, without limitation, by itself or in combination with any other work of authorship) in any manner that is libelous or slanderous or otherwise defamatory, obscene or indecent; e. Remove any copyright or proprietary notice or other information that may appear on, embedded in, or in connection with the Work in its original downloaded form f. Incorporate the Work into a logo, trademark or service mark; g. Take any action in connection with the Work that violates any applicable law; h. Take any action in connection with the Work that violates or infringes the intellectual property or other rights of any person or entity, including, without limitation, the moral rights of the creator of the Work i. Take any action in connection with the Work that would reasonably imply that the creator of the Work endorses any political, economic or other opinion-based movements or parties; j. Use the Work, or information or knowledge gained from the work, to create a DIRECTLY COMPETING product (you may not produce a competing "mesh body" which uses any part of the Work, or techniques learned from the Work. This does not impugn on your right to produce products which compete against other Meshmerized products, such as skins or clothing).
4. ADDITIONAL RESTRICTIONS
You may only distribute the Work as incorporated onto an item of merchandise if (i) the Work has been modified to the extent that the modification is not substantially similar to the original Work and can qualify as an original work of authorship or (ii) the primary value of the item of merchandise does not lie with the Work itself. For clarification, producing an unmodified Work in a different format is not permitted as the primary value would lie in the Work itself.
We may terminate this Agreement or with respect to any Work upon notice to you in the event of your breach of the terms this Agreement. You may terminate this Agreement at any time upon notice to us. We may deny the downloading of any Work from the Website.
6. EFFECT OF TERMINATION
Upon our termination for cause of this Agreement or with respect to any particular Work, you must cease using the Work and destroy all copies of the Work, and all derivative works and related materials (if any), in your possession or control. At our request, you will certify in writing to such destruction of the Work, derivative works and related materials. The provisions of Sections 1, 3, 4, 6, and 7 will survive the termination of this Agreement
Your relationship is with Meshmerized, and the Work and these terms are governed by the law of the United Kingdom. You may have additional rights under the law. We do not seek to limit those rights to the extent prohibited by law. The relationship between you and us under this Agreement is that of independent contractors. For clarification purposes, the parties are not joint ventures, partners, principal and agent, or employer and employee. Neither party shall have the power to bind or obligate the other in any manner. You are responsible for all use, sales, value-added and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with the license granted to you under this Agreement. Our failure to enforce or exercise any of these terms is not a waiver of that section. We have the right, in our sole discretion, to assign any or all of its rights or obligations under this Agreement. You have no right to assign any of your rights or obligations under this Agreement and any such attempt will be void. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms. We may modify this Agreement that apply to a Work to, for example, reflect changes to the law or changes to our services. We will provide notice of any such modifications. By continuing to use the Work after the revisions come into effect, you agree to be bound by the revised terms.