■Terms of Use

This terms of use for Model Data (hereinafter referred to as the “Terms”) set forth the terms and conditions for the use of all 3D model data and incidental data thereto (hereinafter referred to as the “Model”) provided by KOTOBUKIYA Co., Ltd. (hereinafter referred to as the “Company”) as the “pret-a-composite” Series (hereinafter referred to as the “Series”).

・The User shall be deemed to have agreed upon this Terms when the Users lawfully obtains the Model by purchasing or being provided by the Company, etc. or modify the Model.

・The Company may change this Terms due to the changes in laws and regulations, the changes in social circumstances or other circumstances. In such case, the Company will designate the effective date and announce the amendment of the Terms, contents of the Terms after amendment and the effective date by posting to the Company’s website or by other means by the effective date.

・Even when the Company prepares the translation of the Terms, the Japanese version of the Term shall be the original, and if there is any discrepancy between the translation and the Japanese version, the Japanese version shall prevail.

・TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

・TO THE FULL EXTENT PERMISSIBLE BY LAW, EVEN WHEN THE COMPANY IS LIABLE FOR ANY TROUBLE, DAMAGE, LOSS, DISADVANTAGE, ETC., CAUSED BY USING THE MODEL AND THE DERIVATIVE WORKS OF THE MODEL, THE SCOPE OF THE LIABILITY OF THE COMPANY IS LIMITED TO DIRECT AND ORDINARY DAMAGES; PROVIDED, HOWEVER, THAT THIS SHALL NOT APPLY IN CASE THE COMPANY IS WILLFUL OR WITH GROSS NEGLIGENCE.

・The rights under the Copyright Law or other equivalent law (including the rights under Articles 27 and 28 of the Japanese Copyright Law) of the Model and the derivative works relating to the Model shall belong to Company. Users shall not exercise the moral rights, etc., against the Company.


Established on: February 28, 2022
Revision date: April 19, 2023

Email:avatarbt2010@kotobukiya.co.jp


In providing the Model, the Company hereby permits to Users the following conduct:

■Use as avatars
The purchaser of the Model (i.e. a person who has lawfully obtained the Model, including those individually provided by Company in a campaign, etc. free of charge, hereinafter collectively referred to as the “Purchaser of the Model”) may use the Model and the derivative works of the Model as his or her own avatar. For example, the Purchaser of the Model can set and use the Model as their own avatars for VR communication services and similar game services.

■Processing conduct such as alteration, modification, or adjustment of avatars
The Purchaser of the Model can process (alter, modify, adjust, etc.; the same shall apply hereinafter) the Model to the conditions in which it is easier to use as avatar. The Purchaser of the Model may also use the Model for processing the model data of other series provided by the Company or the model data provided by third parties other than the Company. However, in the event the Model is used to modify the model data provided by third parties other than the Company, the Purchaser of the Model shall be responsible for the use of the Model in a manner that complies with the terms of use and other regulations provided by such third parties.

■Distribution and sale of custom data
Not only the Purchaser of the Model, but all Users may distribute or sell various types of data created for the decoration of the Model (excluding the data from which the Model or the derivative works of the Model can be restored by combining multiple data or using one data). Please distribute items such as tailor-made costumes, nails, and accessories that will further enhance avatar details. However, the Company may implement some regulation over such distribution or sales to keep the world view or image of the Model or the Series.

■Production of compatible data, indication and Declaration
Not only the Purchaser of the Model, but all Users may create compatible data that mimics the mesh object configuration and UV island realm configuration of the Series. In addition, unless otherwise breaching the provisions of the Terms, the Users may declare and indicate that the produced data is “Compatible with pret-a-composite”.

■Consignment of processing
Only between the Purchasers of the Model may consign or be consigned to process the Model to the condition in which it is easier to use as avatars free of charge or with charge, provide however, the Purchasers of the Model are solely responsible for such communication or consignment.

■Earning profit to the extent necessary to continue expressive activities
The Purchaser of the Model may use the Model or the processed version of the Model for activities expressing himself/herself through various media. The Purchaser of the Model may earn profit to the extent necessary for continuing video production, distribution, and various other expressive activities.

■Earning profit to the extent necessary to continue exploring avatar technology
The Purchaser of the Model may, by using the Model or the processed version of the Model, explore avatar technology including the activities to enhance the skills and knowledge required for avatar creation and play, such as learning 3D modeling, learning setup, learning game creation, etc. The Purchaser of the Model may earn profit based on such technology to the extent necessary to continue exploring avatar technology.


In providing the Model, Company prohibits the following conduct.

■Making part or all of the Models or the derivative works of the Model available to third parties in a manner not permitted by this Terms

■Use of the Model or the derivative works of the Model in a manner which may be mistaken as the Company’s activities

■Use of the Model or the derivative works of the Model in a manner which may be misunderstood as an official activity in relation to the Series, such as using the words of “official of the Series” or the name of the Elemental Character of the Model

■Earning profit from activities relating to block-chains and Non-Fungible Token technology by using the Model or the derivative works of the Model

■Use of the Models or the derivative works of the Model as a sexual or violent expression, or use of the Models or the derivative works of the Models in slander, coercion and stalking acts, or in any other manner which may be detrimental to the dignity of the Company or the Series.

■Soliciting participation in politics, religion, and multilevel marketing

■Any use of the Model or the derivative works of the Model in a manner which may interfere with any activities by any other Purchaser of the Model permitted hereunder.

■Use of the data of the Model or the derivative works of the Model for machine learning such as artificial intelligence or avatar generation tools

■Use of the Model or the derivative works of the Model in a manner that may lead to a criminal act

■Use of the Model or the derivative works of the Model in a potentially life-threatening manner

■Act contrary to public order and morality

■Any other act that the Company consider inappropriate.

[Others]

■Use of the Model or the derivative works of the Model by a corporation or an entity whether for profit or non-profit shall not be permitted without Company’s prior permission,.
　If any corporation or entity wishes to use the Model or the derivative works of the Model, please contact with the Company at the e-mail address above.

■The incorporation of the Model or the derivative works of the Model into software, games, apps, etc. shall not be permitted without Company’s prior consent.
If anyone wishes to incorporate the Model or the derivative works of the Model into such software, games, apps, etc., please contact with the Company at e-mail address above.

■Whether corporation, entity or individual, none may create, distribute, or sell three-dimensional objects, etc., including figures, using the Model or the derivative works of the Model, without the prior permission of the Company, whether for profit or non-profit.
　If anyone wishes to create, distribute or sell such three-dimensional objects etc., please contact with the Company at e-mail address above.

■If the Purchaser of the Model breaches any provisions of this Terms or commits conducts prohibited in this Terms, Company’s license to such Purchaser of the Model to use the Model and all license relating to the Model shall automatically terminate, and the Company shall be entitled to immediately suspend or eliminate the use of the Model and the derivative works of the Model by such Purchaser of the Model.

■In the event the Purchaser of the Model infringes any Company’s right including copyright due to any breach of this Terms or prohibited conducts, the Company shall be entitled to claim damages against such Purchaser of the Model for any damage suffered by the Company.


[Governing Law, Jurisdiction, etc.]
■The interpretation of this Terms shall be governed by the laws of Japan. In addition, any dispute arising out of or in connection with this Terms between the Company and the Purchaser of the Model shall be settled in the Tokyo District Court as the exclusive agreed jurisdictional court of the first instance.