Terms of Service Top Jewelry– 3D Asset Store
By purchasing, downloading, or using any 3D assets from Top Prospect, you agree to comply with the following terms and conditions. These terms are legally binding and designed to protect both parties while ensuring the ethical use of our products.
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1. Ownership and Licensing
a. All 3D assets sold by Top Prospect are the exclusive property of Top Jewelry. You are granted a non-exclusive, non-transferable license to use these assets under the restrictions detailed in this agreement.
b. Permitted Use: You may incorporate these assets into your projects (e.g., games, applications, animations, and digital media) for commercial or personal use.
c. Prohibited Use: The assets cannot be transferred, sublicensed, or resold in any form, whether as-is, modified, or combined into a collection.
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2. Restrictions on Use
a. No Redistribution: You are prohibited from reselling, redistributing, or remarketing the 3D assets (standalone or in part) under any circumstances.
b. No Flipping or Transfer: You may not “flip” or use the assets to create derivative works for resale to others.
c. Embedded Rules: All files and content within the purchased zip file are subject to these restrictions. Violations will be pursued to the fullest extent of the law.
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3. Commercial Use Policy
a. Top Prospect permits the use of its assets in commercial projects, such as in VRChat avatars, provided that the assets are integrated into larger works and not redistributed as standalone products.
b. Resale of avatars or projects containing Top Prospect assets must ensure the assets cannot be extracted and used independently.
c. The use of Top Prospect assets requires proper credit. Attribution must include a visible HTML link referencing Top Jewelry as the source of the asset.
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4. Copyright and Intellectual Property
a. All 3D designs, models, and embedded files provided by Top Prospect are protected by copyright law. Unauthorized reproduction, distribution, or modification is strictly prohibited.
b. While Top Prospect designs its own textures and assets, any third-party textures or design elements used within assets are modified for artistic purposes and remain the intellectual property of their respective owners. Top Prospect does not claim ownership over third-party elements.
c. DMCA Compliance: Top Prospect will pursue DMCA takedowns and other legal remedies against violations, including unauthorized use, redistribution, or resale of its intellectual property.
d. All digital models, textures, and assets offered by Top Prospect are intended strictly as artistic and expressive works. Some assets may contain visual references, motifs, or recognizable symbols used as part of a broader cultural commentary, parody, or critique. These references are transformative in nature and are not intended to imply affiliation with, sponsorship by, or endorsement from any third-party brands or trademark holders.
e. If you are a rights holder and believe your intellectual property has been used improperly, please contact us directly for resolution.
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5. Enforcement of Terms
a. Top Prospect actively monitors for unauthorized use, including reselling, flipping, or redistributing its assets.
b. Violations will result in legal action, which may include:
- Engagement of the Epstein Law Firm to pursue damages.
- Penalties up to $250,000 and/or up to 5 years of imprisonment, in accordance with U.S. Federal law.
c. Offending users will face immediate suspension of their license and possible legal recourse.
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6. Warranty Disclaimer
a. Top Prospect assets are provided “as-is,” with no guarantees, warranties, or representations regarding their performance, accuracy, or fitness for any particular purpose.
b. You acknowledge that using Top Prospect assets is entirely at your own risk.
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7. Limitation of Liability
a. Top Prospect shall not be held responsible for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use its assets.
b. In jurisdictions where liability limitations are not enforceable, Top Prospect's liability shall be limited to the maximum extent permitted by law.
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8. No Refunds Policy
a. All sales are final. By purchasing an asset, you acknowledge that no refunds, exchanges, or returns will be provided under any circumstances.
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9. Governing Law and Jurisdiction
a. This agreement is governed by the laws of the United States.
b. All disputes arising under this agreement shall be resolved in the courts of Tennessee, which shall have exclusive jurisdiction.
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