TERMS OF SERVICE & FAQ

LAST UPDATED: 21/11/2022

DISCLAIMER:
- TOS (Terms of service) applies to all current and future content (Including unreleased/commissioned models.)
- TOS is subject to change without prior notice and apply to all content regardless of user purchase date.
- Once an item is purchased, the purchaser has automatically agreed to all related TOS
- If you have obtained my content through other means than my discord server or store pages, please consider supporting me to continue making content. Please note that commerical use of illegally obtained content faces the risk of receiving a DMCA takedown.

GENERAL & FAQ

Refunds

Refunds are generally not applicable for digital content.

Refunds however can be made if requested within 5 minutes of the purchase time on a case by case basis.

TOS: FREE ASSETS/AVATARS

AVATARS:

- Cannot upload avatars for public use, such as on avatar pedastals.
- Redistribution permitted, however it is prefered that you redirect users to my discord server or this website to obtain the content.
- Resale prohibited
- Credit required when displaying edits on social media or using for commercial streaming.

ASSETS:

- Credit required when selling on finished models.
- Redistribution permitted, however it is prefered that you redirect users to my discord server or this website to obtain the content.
- Resale prohibited
- Credit required when displaying edits on social media or using for commercial streaming.

TOS: DISCORD SERVER NITRO CONTENT

TOS for assets and models found in the discord nitro section of nikkie's server follow the same TOS as commercial use assets and avatar & humanoid modes unless stated otherwise.

FOR BASE ASSETS: Heads & body bases cannot be sold on models below 15 USD

All head and body bases, including content no longer for sale, must have a price point of 15 USD or more.

NOTE: (Please also note this as a sign to stop underselling your hard work)

Uploading NIKKIE's models to friends/significant others

This is permitted as long as permission is asked for before uploading. Uploading is limited to 1 other individual besides the purchaser once.

It is prohibited to upload Nikkie's content to numerous individuals or publically.

Outsourcing of the editing process

The outsourcing of the editing process (giving model/asset contents to a third party for editing purposes, free or commissioned editing) is prohibited. The outsourcing of the editing process is permitted on these grounds:

The third party must purchase the content themselves/be gifted the content from this store before outsourcing of editing begins.

Quest Compatibility

All content is permitted to be used on the oculus quest. All content is PC only unless stated otherwise, please refer to individual product descriptions for information on this

- Converting content to quest is permitted. (Nikkie does not convert to quest on request)
- The outsource of uploading for quest individuals is permitted, Please create a ticket in the Discord Server for permission or assistance before doing so. (Limited to ready made quest content.)

AVATARS & HUMANOID MODELS

PERMITTED: Use of models for streaming/videography

- Permitted only when credit is given
- Models are allowed to be used for monetary gain through streaming on platforms such as but not limited to Twitch, TikTok, and youtube.
- The assigning personalities and rights and obligations to Nikkie's OCs (all models) is prohibited.

PERMITTED: Editing for personal use

The editing of models for personal use is not restricted in any way.

PERMITTED: Use of models for personal expression

This includes: sexual(Private use only), political and religious expressions

PROHIBITED: Resale of full models and their parts

Any monetary gain from distributing models and their files is strictly prohibited, including:

- Edits (by yourself or other individuals)
- Direct resale
- Avatar trading (avatar for another avatar)
- Redistribution of the model behind service gateways (discord nitro, paid access servers, file sharing sites)

PROHIBITED: Redistribution of models and their parts

Redistribution, leaking, or trading of models is strictly prohibited. This includes: 

- The sharing of packages and its contents with friends/significant others
- The trading of other models/assets to obtain this asset
- The trading of this model to obtain other models/assets
- Uploading or submitting models and its parts to illegal model distribution websites or file-sharing websites.

PROHIBITED: Taking parts from models for redistribution/resale

Parts of models created directly by nikkie is permitted to be used on PERSONAL projects. This is limited to:
- Assets smaller than 4,000 polygons

Commercial use or redistribution of assets through asset mining (the taking assets from finished models) is prohibited.

PROHIBITED: Setting models as publically available/clonable

This includes:
- Making the avatar and its contents public on your or other's VRChat account
- Being placed in VRChat world avatar pedestals.

PROHIBITED: Use of my models to cause harm or perform malicious acts

The use of modification of my models to inflict or cause intentional and wrongful action or actions of one or more persons is strictly prohibited. This includes the creation of malicious content target towards persons or groups.

PROHIBITED: Claiming models and Nikkie's OCs as your own

This includes:

- Claiming the model as your own after making edits/heavy edits.
Purchasing Nikkie's content and creating heavy edits does not remove my copyrights or allow you to disregard my TOS

ASSETS (COMMERCIAL USE)

MUST credit NIKKIE (nikkie#0088) on for sale products

Credit is required either to my store or discord username. You are not required to credit the store if crediting my discord.

Discord: nikkie#0088
Discord Server: https://discord.gg/nikkie
Store: https://nikkiepng.com/

USAGE (For full models): Personal, Commercial and Public (VRChat Pedistal)

My Commercial license assets can be used for the following:

- Private and personal avatars/projects
- Commercial kitbashed avatars/projects
- Giveaways of your own kitbashed avatars/projects
- Upload of your own kitbashed creations to VRChat as a public model/available on a world avatar pedistal

It may not be used for:

- Free avatars/projects, including those locked behind Discord benefit services such as discord nitro

PERMITTED: Editing assets for commercial kitbashing or personal use

Kitbashing(In the context of VR social game creation): The use of other's premade assets/content to create a new full model/avatar.

This includes:

- Editing assets for personal use
- Editing assets in order to use them on commercial projects

PERMITTED: The sale of full 3D avatar packages using assets

The use of Nikkie's assets when creating 3D avatars/models is permitted.

- The seller MUST first purchase the content themselves before using
- Permitted for general selling on platforms (gumroad, shopify, sellfy, payhip, booth etc)
- Permitted for use in commissioned model creation (artist's customer does not need to purchase the assets themselves if only receiving a finished model)

PROHIBITED: Resale of assets as is

Any monetary gain from distributing this asset is strictly prohibited. This includes:

- Edits (by yourself or other individuals)
- Direct resale
- Asset trading (asset for another asset)
- Redistribution of the model behind service gateways (discord nitro, paid access servers, file sharing sites)

PROHIBITED: Redistribution of assets as is

Redistribution, leaking, or trading of assets is strictly prohibited. This includes: 

- The sharing of packages and its contents with friends/significant others
- The trading of other models/assets to obtain this asset
- The trading of this model to obtain other models/assets
- Uploading or submitting models and its parts to illegal model distribution websites or file-sharing websites.

PROHIBITED: Use of paid assets on FREE model packages/content

The use of paid assets on models which are distributed for free is prohibited

PROHIBITED: Claiming the asset or parts as your own

You may credit yourself for edits of the asset, as long as you do not claim it as your own creation. Credit to Nikkie must still be given upon resale of models using Nikkie's assets/parts of assets.