Terms of Services
1. Scope of application of the terms and conditions
1.1 These terms and conditions apply to all purchase orders of entrepreneurs and consumers (hereinafter referred to as the customers) at the online shop Nadeshiko3D of Real Avatar, Inc., registered in Japan as リアルアバター株式会社, (hereinafter referred to as Nadeshiko3D).
1.2 The 3D models offered at the Nadeshiko3D online shop are digital 3D data. A computer program which is interoperable with the 3D data format acquired by the customer is required for processing of the 3D data.
2. Services of Nadeshiko3D
Customers can buy the following products from Nadeshiko3D: Digital data for the agreed purpose of use by providing an electronic link to download the data from the Internet. We are not obliged to deliver any other format of the 3D data than the format selected by the customer in the order.
3. Rights of 3D data bought at Nadeshiko3D
3.1 Rights of use of the 3D data:
3.1.1 Nadeshiko3D grants the customer a non-exclusive right of use to the contractual 3D data. Nadeshiko3D grants the customer the following rights: s/he may use the data for the following purposes: Rendering still images and animations for commercial or private purposes, such as avatar in virtual world, video production, broadcasting, print, movies, advertising, illustrations and presentations.
3.1.2 The customer is entitled to store the downloaded 3D data within his/her company.
3.2 Special License required for Resale / Redistribute
The customer must not make the 3D data available to third parties in such a way that the 3D data can be downloaded, extracted, distributed or accessed by third parties as single files. A customized special license agreement is required for the use of the 3D data for resale or redistribute.
3.3 Legal reservation
3D data must neither be used for illegal purposes nor in a manner that violates statutory provisions or thirdparty property rights. The following restrictions apply to the use of Nadeshiko3D products: No content may be sublicensed, resold or be redistributed; neither in their original form, in parts, modified, or a form created solely to facilitate redistribution. The customer may not transfer Nadeshiko3D products to anyone not working for him/her. Pornographic, violent, defamatory or libelous use or use that is otherwise unlawful is prohibited. Also, no content created with Nadeshiko3D products which is similar to or competes with Nadeshiko3D products is to be distributed or sold.
4. Quotation and contract conclusion
4.1 Amendments Quotations of Nadeshiko3D are non-binding and subject to change. A contract is concluded with Nadeshiko3D as follows:
The customer selects the file format and adds the requested product to the virtual cart of the Nadeshiko3D online shop by clicking the “ADD TO CART” button. As soon as all the products the customer requires are in the cart, the customer clicks the “CHECKOUT” button. After filling in the form the customer selects the payment method. Up to this step, the process is non-binding and does not constitute an offer to buy. No binding offer to buy is submitted until the customer ticks the box “I’ve read and accept the terms & conditions” and clicks the “Place order” or “Proceed to PayPal” button. When the order process is completed, the customer will receive an email containing the contract data and the order confirmation. A purchase contract is concluded with this email.
4.2 The customer can store or print the content of the order at any time by clicking the appropriate button. After the customer has left the order platform, the order can only be called up in the online shop if the customer registered with a user account and by selecting the function “My account”.
4.3 The customer assures that all information provided during ordering or registration is truthful (for example the name, email address etc.). Nadeshiko3D must be notified of any changes immediately.
5. Prices
The prices in the online shop of Nadeshiko3D do not include statutory sales tax. If applicable, sales taxes are added during the checkout process.
6. Delivery
6.1 Delivery:
Digital data is delivered by email, containing an electronic link to download the data from the Internet.
6.2 False Delivery/Broken links:
In case of the delivery of wrong files or broken links Nadeshiko3D will replace the order and send new functional download links for the originally ordered files.
7. Terms of payment
Invoices of Nadeshiko3D are due for payment immediately without deductions. Payments can be made in advance via PayPal, credit/debit card. Nadeshiko3D reserves the right to perform delivery only against cash on delivery.
8. Retention of title
8.1 Nadeshiko3D reserves the right to revoke all the customer’s rights of use to the data as appropriate until payment has been received in full.
8.2 In the event of conduct in violation of the contract by the customer, Nadeshiko3D is entitled – after having set an appropriate period – to demand the customer to refrain from using the contractual data. When Nadeshiko3D demands the data not to be used, it is always accompanied by Nadeshiko3D rescinding the respective contract.
8.3 In the event of pledges or other interventions by third parties in the aforementioned legal positions of
Nadeshiko3D, the customer must immediately notify Nadeshiko3D in writing so that Nadeshiko3D can decide whether to take action against the pledge or not. If the third party is not able to reimburse Nadeshiko3D for costs of such action, the customer is liable for the loss incurred by Nadeshiko3D.
9. Managing defects of title and alleged violations of third-party property rights
9.1 Nadeshiko3D undertakes to indemnify the customer against any claims due to any violations of third-party property rights based on the contractual use of 3D data the customer has bought from Nadeshiko3D. The indemnification requires that Nadeshiko3D is provided with all the information the customer received from the third party with regard to the alleged violation of property rights immediately and without being asked. The customer is not authorized to make any legally binding statements towards the third party without the prior written consent of Nadeshiko3D.
9.2 The customer is obliged to indemnify Nadeshiko3D against all claims, expenses and costs and to reimburse Nadeshiko3D for the damage based on the non-contractual use of the 3D data by the customer, in particular if third-party rights are violated due to the alteration of the 3D data or due to the type of use intended and exercised by the customer.
9.3 In addition, Nadeshiko3D will do their utmost to create the conditions required for a contractual use of the 3D data to the exclusion of a violation of property rights in question. In this respect, Nadeshiko3D can – at their option – try to either be granted the contested right of use to the item disputed by the third party or to edit or replace the 3D data so that the contested property right is not affected and the purpose of use of the 3D data is not changed substantially or only in an extent reasonable for the customer. If, thereafter, the violation of the third-party property right cannot be avoided with reasonable economic effort, Nadeshiko3D is entitled to rescind the contract with the customer. Claims for damages of the customer remain unaffected hereof.
10. Data protection
Nadeshiko3D collects and processes the customer’s personal data only to the extent necessary to execute the order.