Terms and Conditions

The following terms of service (“Terms”) govern your access and use of the www.shiva.vu website and services. By accessing or using the website or services, you agree to be bound by these Terms. If you do not agree with these Terms, you may not access or use the website or services.

The following terms apply to all platform where Shiva.vu operates including www.shiva.vu, Etsy, Gumroad.

 

What is Shiva.vu?

Shiva.vu is an independent website that provides virtual goods, services, articles and documentation on IMVU and IMVU-related subjects. Shiva.vu is not part of, or related in any way with IMVU.com and/or its subdomains.

 

Shiva.vu provides access to a variety of services, including but not limited to, selling digital art, original articles and tutorials about IMVU, tips and tricks, business ideas and suggestions.

You are not allowed to use the services for any illegal or unauthorized purpose. You must not violate any applicable laws, rules, or regulations when using the services.

Articles and documentation on Shiva.vu

Information posted on Shiva.vu is completely original* and meant to be consumed on Shiva.vu.

*Information snippets might be included and referenced in articles from other websites such as IMVU Terms of Service, IMVU Creator Agreement etc. Every article documentation that is taken from a different source will be noted as such and it will have its source shared in the article.

Copying, re-distributing, and/or partly altering the content on other websites is strictly forbidden.

Referencing articles, tutorials, or parts of the articles (snippets) is allowed as long as the source/original Shiva.vu article is referenced.

Full article/documentation sharing/distribution is allowed on other websites only for (significant) added commentary. These must also include the original Shiva.vu article link.

Copy/pasting and/or partly editing full articles to other websites without (significant) added commentary is strictly forbidden.

Articles and documentation posted are strictly the author’s perspective and should not be taken as general rules over IMVU’s Terms of Service, or any other platform discussed.

Shiva.vu will not be held responsible for any actions that lead to having an account disabled and/or creator privileges removed on IMVU, or any website associated with your IMVU activity, including but not limited to Instagram.com, Facebook.com, YouTube.com, Twitter.com, TikTok.com, Pinterest.com, Tumblr.com etc. in case of applying the contents of the articles/tutorials available on www.shiva.vu.

Shiva.vu cannot provide legal advice for anyone. Anything regarding tax payment, account retrieval, creator issues, disputes etc. might be referenced as general knowledge and are not meant to be taken literally and applied to any specific case without authorized 

Shiva.vu articles and documentation should be seen as guidance, advice and best practice on how to grow your IMVU and/or creating knowledge and/or audience.

Shiva.vu owns all rights over the content provided on Shiva.vu. Claiming any articles/documentation/tutorials/products as your own is strictly forbidden.

Purchased goods & services

By visiting Shiva.vu and/or signing up for Shiva.vu and/or purchasing any goods/services on Shiva.vu, you agree to the Terms of Service presented in this document, as well as any other information available individually on each page of the product/service/article.

The products are sold “as is” without any warranties, express or implied. Shiva.vu does not guarantee that the products will meet your specific requirements. Shiva.vu is not responsible for any damages resulting from the use or inability to use the products.

1. License for virtual goods

Purchased virtual goods are for one IMVU/Second Life/Sims account/shop/website only. You may use as whole or in part, modify the texture resources purchased for the account on which you purchased the files. You have commercial rights for all files purchased on Shiva.vu (post on social media, include in commercial/derivative projects, use in banners, showcases etc., use for IMVU/Second Life/Sims/digital art products for an unlimited number of sales, use for IMVU/Second Life/Sims/digital art products for an unlimited time). You are strictly forbidden to share or distribute as whole or in part, unaltered or modified version of the virtual goods purchased. You may not share/distribute any of the virtual goods purchased, or include them in online/offline archives or resource websites. 

Note1: Builder products (shaders, stamps, brushes, etc.) that are characterized by varied customization where you are not being sold an actual end-product, but rather a means/resources which can help create/generate a multitude of customized products, can be used on multiple accounts/shops/artworks. 

Note2: Buying baby hair stamp brushes gives you the right to use the generated files anywhere – IMVU, Second Life, Sims, digital art, however none of the files provided are allowed to be sold in part or whole, nor can they be included in archives or databases.

Note3: Resulting works created with auxiliary items (baby hair stamps & gem brushes) may not be sold in part or whole, nor can they be included in archives or databases.

Note4: Resulting works created with auxiliary items may not be offered as textures on products left as derivable.*

*With the exception of belts, shaders, eyebrows integrated directly on the mesh head/skin (and not offerred as an opacity map/brush pack), as long as the files are integrated with a full texture and NOT offerred as stock in any way).

a) Baby hair meshes

You are strictly forbidden to hide the 3D watermark embedded in the mesh. You may set hairs as derivable, as long as you include the website “www.shiva.vu” in the product description AND you do not offer sample baby hair opacity maps. You may not fill in DMCA claims for the baby hair mesh file. By purchasing a custom watermark for the baby hair mesh, Shiva.vu grants you the right to fill in DMCA takedown notices solely against products that have the Shiva Baby Hair mesh with your exact name inside of the mesh as provided by Shiva.vu and only after Shiva.vu has been contacted of such actions taking place (inform Shiva.vu by sending an e-mail of the content theft and that you will be filling a DMCA takedown notice). Shiva.vu is not responsible for any clipping issues that might occur between baby hair meshes and other IMVU products.

b) Baby hair textures/opacity maps

Opacity maps which result from parts of the bundle cannot be resold or distributed in any way. You can make unlimited baby hair opacity maps with the bundle provided, as long as every texture resulted from using the bundle in whole or part will be used on the account the files were purchased without redistributing, reselling, giving away the resulted opacity maps. You may not share or distribute the UV maps provided for the Baby hair meshes.

You may not file DMCA against another creator that has created a similar opacity map using shiva.vu baby hair stamps/DIY textures. You can only file DMCAs against someone else if you are absolutely sure that the resulting baby hair opacity map/texture is 100% identical to yours. Only in the case of identical textures, pixel by pixel (or slightly positioned in a different direction), where there is 100% similarity or very high similarity beyond a reasonable doubt, only then may you file a DMCA.

Clarification with an example:

If you are creating a baby hair opacity map with a curly hair strand that you place in 5 places on the texture, any other customer/person who has access to the same license purchased that contains the curly hair strand you used MAY create the exact same style like you did. In this case, you are not allowed to file a DMCA, as the idea of babyhair is not copyrighted, only the work you create. However, for the second person creating the same style of baby hair texture like you (e.g. doing the exact same drag and drops and rotations and placing the hair strand similarly to your original creation), it is impossible to make a pixel-by-pixel inspired opacity map. In case of identical textures or very similar (your exact texture slightly blurred or moved slightly up/down/left/right or used as a base for adding some other hair – which can be original or not) it must be proven beyond a reasonable doubt that the person used the EXACT texture you made without your consent – in such cases, you can file a DMCA (remember, the DMCA you are filing is for the full generated baby hair opacity map after using your valid license from www.shiva.vu).

If the person has your consent to use the baby hair texture, but does not have a valid www.shiva.vu license to use the baby hair stamps/texture, regardless how these are arranged, positioned, edited, etc., – as long as it is proven/determined beyond a reasonable doubt that the files are from Shiva.vu – Shiva.vu has the right to file a DMCA takedown against the targeted product/shop/website that is not complying with Shiva.vu’s terms for Purchased Goods & Services (remember, the DMCA Shiva.vu would be filing in this case would be for the misuse of the individual baby hair stamps/textures for which the person using them does not have a license).

c) Meshes

Mesh products may only be used on one IMVU account (final availability).

Meshes purchased from www.shiva.vu may be set as derivable.

UV maps, textures, shaders included in the bundle of the purchased mesh may be shared for derivation (e.g. post the images in the product description).

You are allowed to make unlimited hidden derivation chains, as long as the final, derivable, visible product is connected to the account for which the file/s were purchased.

Meshes may not be redistributed, sold, shared as whole or part in any way.

Crediting is not required.

Meshes may be bundled together with other meshes (e.g. adding a skirt to a top mesh purchased from Shiva.vu) and added to the catalog and may be set as derivable.

Shiva.vu cannot impose terms on the final price in the catalog. However, for fair market competition, Shiva.vu recommends to set a profit of at least 50 IMVU credits.

d) Brushes

Brushes are made and tested in Photoshop CC. Shiva.vu does not guarantee, nor will it refund consumers who purchase brushes for which it is not written in the product description of the product page the compatibility with a specific software.

Brushes might not be fully compatible in terms of customization (e.g. brush settings) with Procreate.

You do not need multiple licenses to use the brushes on multiple accounts/shops/websites/artworks.

 

2. Services

As the services provided on www.shiva.vu result in the creation of a virtual product (e.g. Custom Mesh Head), in case of a dispute, there will be no refunds issued, instead, the buyer has unlimited revisions to change the custom product requested, as long as the feedback is shared within maximum 24 hours after each delivery (delivery means the original creation of the custom product and then every single edit which will be announced by Shiva in writing on the platform the customer and Shiva are exchanging information for the service – custom product – desired, which can include, but are not limited to: www.imvu.com, email, Instagram, Discord, etc.

Shiva.vu WILL always have to announce the implementation of the feedback in writing and only after the written notification will the 24h countdown start.

In rare cases, in Shiva.vu’s sole discretion, the 24-hour rule might be extended (never shortened), due to unforseen events on the customer’s side such as unresponsiveness, personal events that make it unavailable for the customer to check the delivered custom product, IMVU maintenance, etc. In such cases, Shiva.vu will extend the feedback in writing to the customer on the platform where the communication was taking place.

 

DELIVERY TIME FOR CUSTOM PRODUCTS

For custom mesh heads and custom lips, the delivery time is 20 working days. Shiva.vu’s working days are Monday, Tuesday, Wednesday, Thursday, Friday.

Shiva.vu does not take into account Peer Review time.

Delivery time for feedback implementations has no deadline.

UNLIMITED FEEDBACK POLICY

Shiva.vu offers unlimited revisions for custom products such as mesh heads and lips. However, this process is subject to a 24-hour rule in which after being notified in written (the customer) by Shiva that the feedback has been implemented, the customer has 24 hours to request any additional changes.

To limit potential abuse, Shiva will change the head base only once (e.g. if you initially want the mesh head to have the Zell base, but then decide to switch to Diane, Shiva.vu will create a new head using the new head base with your requirements and gift you the new head that goes through the same feedback loop process, but without the possibility of switching the head base any longer, with the exception of rolling back to the initial head base chosen, “Zell” in our example). In its sole discretion, Shiva can also limit the number of feedback sessions if there is enough reason to believe that the person requesting the custom product is asking for updates abusively, as in to have a new mesh head every day. This will be on a case-by-case situation in obvious situations where the initial custom request description starts drastically changing with each feedback session.

E.g. If you want a mesh head with natural makeup, soft pink lips, slight eyeshadow, then request a full gothic look with dark lips, dark eyes, skin tone highly different than the base request, Shiva WILL implement your feedback. However, if after the implementation of the feedback, the customer asks again for drastic changes, Shiva has the right to deny the drastic changes if she believes the request is neither similar to the initial request of natural makeup, nor is it an actual continuation of the gothic look, but rather a completely third new look that the customer would be asking for. In such cases, the person will be notified in writing and both the customer and Shiva.vu will continue either finishing the initial request (as per the example, the soft glam makeup), or the second major request (as per the example, the gothic makeup).

By purchasing a custom mesh head, you agree with the full terms described in this article and you acknowledge that Shiva.vu will not refund you in any way if the custom request is not completed to your liking due to Shiva.vu flagging the feedback requests as suspicious and potentially abusing the “Unlimited Feedback Policy” offerred, as to gain various benefits such as unlimited customization, posting on social media every implementation of the feedback requested and any other actions that Shiva.vu redeems in its sole discretion as potentially abusive.

3. Artwork

Shiva.vu owns all the copyrights to the AI art & artwork showcased on the website and available for sale.

Image generations are made by Shiva.vu and altered in Photoshop/PaintTool SAI.

 

Refund policy on virtual goods

Due to the nature of virtual goods, Shiva.vu will not give any refunds for virtual resources: textures, virtual products, meshes, builders, shaders or any type of virtual content. Shiva.vu shall offer full refunds on virtual goods only if the information provided on the product page does not correspond with the downloaded file (e.g. file upload mistake), or in the case of corrupt download links (that have never worked). Refunds will not be given if the site is down for any reason or if the download link for the files is unavailable. Shiva.vu will inform customers and will provide support to anyone affected in case they cannot access their download links for various reasons (internet connection, maintenance on Shiva.vu, unknown errors, etc.).

Name changing on IMVU

In the event of having your name changed on IMVU.com for the purchased files that are exclusive to your IMVU catalog (one license per account), you have 90 days to notify Shiva.vu in writing of the change at support@shiva.vu.

Miscellaneous

In the event of becoming permanently disabled, Shiva.vu will grant you a free license to reuse all goods purchased on a second account, which will become the primary account holder of the files. Shiva.vu will need proof of the type of ban sent to contact@shiva.vu, along with the request for a free license to reuse all the purchased virtual goods.

Re-licensing will only be done for one disabled account only.

This is available for custom products as well, such as custom mesh heads and custom lips.

Shiva.vu can deny re-licensing of the files if Shiva.vu believes the request is done in a malicious way to bypass purchasing multiple licenses, or doesn’t comply with the Terms of Service of www.shiva.vu.

License removal

Shiva.vu reserves the right to remove the license to any items/files a person has purchased, only if the person is found to have deliberately misused the files purchased by breaking Shiva.vu’s Terms of Service. 

Important: Shiva.vu owns all rights to all the content provided on www.shiva.vu. 

USER ACCOUNT

To use certain features of the services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account login information and for any activities that occur under your account. Shiva.vu reserves the right to suspend or terminate your account if you violate these Terms.

Downloads of purchased files

You may download the purchased files for an unlimted number of times.*

*Unlimited is bond to the life expectancy of the domain www.shiva.vu.

PAYMENT

Shiva.vu accepts payment through PayPal. All payments are processed through PayPal’s secure payment system. You are responsible for providing accurate billing and payment information. Shiva.vu reserves the right to cancel any order if it suspects fraud or if the payment is declined.

Disclaimer of Warranties

Shiva.vu makes no warranties, express or implied, regarding the website or services. The website and services are provided “as is” without any warranties. Shiva.vu does not warrant that the website or services will be uninterrupted or error-free. Shiva.vu is not responsible for any damages resulting from the use or inability to use the website or services.

Limitation of Liability

Shiva.vu is not liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the website or services. This includes but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use or inability to use the website or services.

Indemnification

You agree to indemnify and hold Shiva.vu, its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website or services, your violation of these Terms, or your violation of any rights of another.

Modifications

Shiva.vu reserves the right to modify these Terms at any time without prior notice. Any changes to the Terms will be effective immediately upon posting on the website. Your continued use of the website or services after the posting of the modified Terms constitutes your acceptance of the changes.

DMCA Takedowns of Purchased Goods/Services

If you have purchased goods or services from Shiva.vu, you agree not to file a DMCA takedown notice for such goods or services.

You acknowledge that Shiva.vu is the owner of the intellectual property rights in the goods and services that it offers for sale and that any unauthorized use of such intellectual property constitutes infringement.

You acknowledge that filing a DMCA takedown notice for goods or services purchased from Shiva.vu constitutes a material breach of these Terms and may subject you to liability for damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from Shiva.vu’s inability to sell or distribute the goods or services.

ERRORS, INACCURACIES, AND OMISSIONS IN INFORMATION

Shiva.vu strives to provide accurate and up-to-date information on its website and through its services, but errors, inaccuracies, and omissions may occur from time to time. Shiva.vu does not warrant that any of the information provided is accurate, complete, reliable, current, or error-free.

At times, there may be errors, inaccuracies, or omissions in the information presented on our website or through our services. Such errors, inaccuracies, or omissions may include but are not limited to product descriptions, pricing, promotions, offers and availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We may also cancel orders if any information on the website or through our services is inaccurate, even after you have submitted your order.

We do not undertake any obligation to update, amend, or clarify information on our website or through our services, including pricing information, except as required by law. Any updates or refresh dates on the website or through our services should not be interpreted as an indication that all information has been modified or updated.

We are not liable for any damages or losses that may arise from or in connection with errors, inaccuracies, or omissions in any information provided on our website or through our services. You are responsible for verifying the accuracy and completeness of any information provided before relying on it.

Third-party links

Shiva.vu may provide links to third-party websites or resources on its website or through its services. You acknowledge and agree that Shiva.vu is not responsible for the availability or accuracy of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.

You acknowledge and agree that your use of any third-party websites or resources is at your own risk and that Shiva.vu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such website or resource.

Shiva.vu does not endorse any third-party websites or resources, or the content, advertising, products, or other materials available on or through such websites or resources. You acknowledge and agree that Shiva.vu is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such website or resource.

You acknowledge and agree that Shiva.vu is not responsible or liable for any transactions you may enter into with third parties, including the purchase of goods or services. You should use your own judgment and exercise caution where appropriate.

You acknowledge and agree that Shiva.vu is not responsible or liable for any third-party content that may be accessed through the website or services, including but not limited to user-generated content, and that you use such content at your own risk.

You acknowledge and agree that any third-party websites or resources may be subject to their own terms and conditions, and that you are solely responsible for reviewing and complying with such terms and conditions.

Shiva.vu reserves the right to modify or remove any third-party links at any time without prior notice.

The presence of any third-party links on the website or through the services does not imply endorsement by Shiva.vu of the linked website or resource, or any association with its operators.

Entire Agreement

These Terms constitute the entire agreement between you and Shiva.vu regarding the use of the website and services. Any failure by Shiva.vu to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions shall remain in full force and effect.

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