MakeAvatar Usage Guidelines
①Declaration
The "MakeAvatar Usage Guidelines" (hereinafter referred to as the "MA Guidelines") are established to formally set forth the conditions under which Gugenka Inc. (hereinafter referred to as "our company") authorizes users to engage in avatar-related activities through the MakeAvatar service.
The most recent version of the MA Guidelines shall always apply. Any updates shall be announced via official X and other channels. However, users are responsible for checking this site for the latest version prior to use.
For fundamental provisions related to the MA Guidelines, please refer to the XMarket Terms of Use（https://xr-marketplace.com/terms）(hereinafter referred to as "these Terms") operated by our company.
②Scope of Avatar Usage
The scope of permitted usage varies depending on the avatar brand. Please check the table below.
【Gugenka Brand】
- Provided by Gugenka:"Ketai" "Chibi Ketai" "Gokupoly"
【Collaboration Brands】
- Provided by Sanrio:"Mochipoly"
- Provided by TV Tokyo:"Miraffy"
Personal Use
※1 Individuals earning less than 10 million yen per year using MakeAvatar.
| Ketai | Chibi Ketai | Gokupoly | Mochipoly | Miraffy | |
|---|---|---|---|---|---|
| Avatar Use | ◯ | ◯ | ◯ | ◯ | ◯ |
| Streaming | ◯ | ◯ | ◯ | ◯ | ◯ |
| Commercial Streaming※1 | ◯ | ◯ | ◯ | × | × |
| Derivative Works※1 | ◯ | ◯ | ◯ | × | × |
| Commercialization | △ | △ | △ | × | × |
◯ = Allowed × = Not Allowed △ = Requires Inquiry
Use by Schools, Organizations, and Corporations
| Ketai | Chibi Ketai | Gokupoly | Mochipoly | Miraffy | |
|---|---|---|---|---|---|
| Avatar Use | ◯ | ◯ | ◯ | × | × |
| Streaming | ◯ | ◯ | ◯ | × | × |
| Commercial Streaming | △ | △ | △ | × | × |
| Derivative Works | △ | △ | △ | × | × |
| Commercialization | △ | △ | △ | × | × |
◯ = Allowed × = Not Allowed △ = Requires Inquiry
Regardless of usage, the following activities beyond personal enjoyment are strictly prohibited:
- Content against public morals (R18, adult, grotesque, etc.)
- Information promoting criminal activities
- Political or religious activities
- Expressions or information that degrade the original work
- Any other prohibited activities listed in XMarket Terms
③Collaboration Avatars and Costumes from Anime, etc.
When using collaboration avatars or collaboration costumes in MakeAvatar, the terms of use specified at the time of purchase take precedence over the MA Guidelines.
For instance, commercial use of anime collaboration costumes is generally restricted.
④Usage in Linked Services
Avatars may be used in various services linked to MakeAvatar, provided that users comply with the terms and conditions of those services. Please ensure that you comply with the terms and conditions of the linked services as well.
⑤Handling of Avatar Data
The following activities related to avatar and costume data are prohibited:
- Hacking MakeAvatar, XMarket, or other related services to download avatar or costume data
- Utilizing features in services linked to MakeAvatar or XMarket (whether official or unofficial) to download models or items for unauthorized use is strictly prohibited.
※ Always use only the download features officially provided by MakeAvatar or XMarket. - Conducting reverse engineering (analyzing data to examine its structure or specifications)
⑥Handling of App Data
The following activities related to app data are prohibited:
- Hacking MakeAvatar, XMarket, etc., to access or modify the source code
- Unless expressly authorized by a separate agreement with Gugenka, copying, distributing, or developing derivative services based on any part of MakeAvatar is strictly prohibited.
⑦Reporting Violations
If you become aware of any violations, please report them using the form below:
https://forms.gle/XUpP8D9Bz3rk18z16
⑧Agreement to Terms and Service Suspension
By using MakeAvatar, you are deemed to have agreed to these Terms and the MA Guidelines. In the event of a violation, the service may be suspended without regard to payment status. In severe cases, legal action may be taken. Please be aware of this in advance.
⑨Usage of Logos and Branding
When using MakeAvatar in accordance with the MA Guidelines, users must include the appropriate copyright notation for MakeAvatar. Credit notation for collaboration products is not required unless specifically requested.
When using the MakeAvatar logo or brand name, please follow the guidelines below:
Brand Name: MakeAvatar® or MakeAvatar
Logo:[Download Here]
Official Website Link:https://makeavatar.jp/
E-commerce Site Link:https://xr-marketplace.com/makeavatar
Logo and Brand Usage Guidelines
- Do not alter the logo’s design or colors.
- Ensure that it is not misunderstood as official content from our company.
- Use it primarily for introducing MakeAvatar.
⑩Governing Law and Jurisdiction
- The interpretation of the MA Guidelines shall be governed by Japanese law.
- In case of disputes related to MakeAvatar, the court having exclusive jurisdiction over our company’s head office location shall be the designated court of jurisdiction.
3DCG Avatar Terms of Use
These Terms of Use apply separately to each 3DCG avatar (hereinafter referred to as 'Avatar') you purchase and the 3DCG costumes attached to the Avatar (hereinafter referred to as 'Data') (hereinafter collectively referred to as 'Terms').
Please read carefully before purchase. Regardless of the method, by purchasing, receiving as a gift from a third party, or obtaining through free distribution, and starting use such as downloading or installing the Avatar, you are deemed to have agreed to these Terms.
Use of the Avatar
| 1. Personal Use | ||
|---|---|---|
| Non-profit | Use without profit | ◯ |
| Streaming revenue | Video streaming revenue such as YouTube | ◯ |
| Distribution of derivative works (paid or free) | Distribution of avatar costumes, items, or doujin goods | ◯ |
| Export of Data | ◯ | |
| Sale of original costumes made for this Data | ◯ | |
| Commercial advertising using the Avatar | Using the Avatar in promotional projects for companies | △See Supplementary Note 3 |
| Commercial sales use of the Avatar | Resale or merchandise sales using the Avatar as-is | △See Supplementary Note 3 |
| 2. Corporate/organizational use | ||
| Non-profit | Use without profit | ✕ |
| Commercial streaming | Streaming revenue such as YouTube | ✕ |
| Commercial advertising | Corporate promotional projects | ✕ |
| Commercial product sales | Sale of goods, etc. | ✕ |
| 3. Avatar modification | ||
| Modification with MakeAvatar | ◯ | |
| Modification by exporting VRM data from MakeAvatar | ◯ | |
| Modification of downloaded data | ◯ | |
| 4. Scope of modification | ||
| Minor modifications to face or body | Color or pattern changes | ◯ |
| Excessive modifications to face or body | Modifications that damage the dignity of the character are prohibited. | △ |
| Hair replacement | ◯ | |
| Costume replacement | ◯ | |
| Minor costume modifications | Color or pattern changes | ◯ |
| Excessive costume modifications | Modifications that damage the dignity of the character are prohibited. | △ |
| 5. Upload to online services | ||
| Upload to social communication platforms | VRChat, Virtual Cast, VRoid Hub, cluster, etc. | ◯ |
| Upload to online game platforms | ◯ | |
| Permission for third-party use within online services | ✕ | |
| 6. Sensitive expressions | ||
| Sexual expressions | ✕ | |
| Violent expressions | ✕ | |
| Political or religious activities | ✕ | |
| 7. Redistribution/Distribution | ||
| Distribution in unmodified form | ✕ | |
| Distribution of modified data | ✕ | |
| 8. Use in media/products | ||
| Use in video works, streaming, or broadcasting | ◯ ※See Supplementary Note 2 | |
| Use in publications or e-publications | Contact the rights holder individually | |
| Use in physical goods | Contact the rights holder individually | |
| Incorporation into software for product development, etc. | Contact the rights holder individually | |
| 9. Derivative Works | ||
| Copying meshes or weights from this Data to create costume data for this Data (except when modifications are extremely minimal) | ◯ ※See conditions | |
| Creating new costume or texture data conforming to this Data’s specifications without using its meshes or weights | ◯ | |
| Creating derivative works based on this Data without using it as-is | ◯ | |
| 10. Others | ||
| Credit | Not required but appreciated. | |
| Transfer of rights and obligations | ✕ | |
※Conditions apply
The following parts may be reused when creating Data-compatible costumes for distribution purposes:
- Bone structure
- Material settings
- Weight values of each object
- Base body mesh excluding the face
Reuse is only permitted if necessary modifications/adjustments for costume creation are applied.
Parts of this Data cannot be reused in works not compatible with this Data.
The following parts are prohibited from reuse:
- Textures
- Other parts not listed as reusable
【Supplementary Notes】
Permitted Data
Among the 3D models sold by Gugenka, those that the user has legitimately obtained and owns, along with the accompanying data set.
1. The following types of works may not be published:
・Those that significantly damage the image of the Avatar or this Content, or harm the honor/dignity of third parties
2. Expressions that may cause misunderstanding as if they are official works of Gugenka®︎ are prohibited.
Impersonation, such as streaming or engaging in SNS activities with the same appearance and name as the character, is prohibited. (Credit notation of the Avatar name used in works or streams is not subject to this restriction.)
3. Regarding profit-making activities
1. In non-profit activities, whether paid or free, publication and distribution of derivative works of this Content are permitted.
2. The following activities are considered non-profit if used to recover actual costs required for creation or to sustain creative activities, and are permitted:
- (1) Distribution of doujin works for a fee
- (2) Earning revenue by streaming/broadcasting using paid Avatars
- (3) Selling 3D costume models compatible with paid Avatars
As stipulated in 3 and 2, expressions or displays that may cause misunderstanding as official works are prohibited.
3. Use for highly commercial purposes requires a separate license.
(Examples) Considered highly commercial:
① Beyond hobby-level use
② Earning profit exceeding the cost of materials or tools used in production
4. Disclaimer
1. Gugenka bears no responsibility for the use of this Data or Avatar by the user. The user shall use them at their own discretion.
2. Gugenka bears no responsibility for any issues arising from data obtained by the user from third parties, as Gugenka is not a contracting party, and the user must resolve such issues directly with the third party.
3. Gugenka shall not be liable for damages incurred by the user in connection with the use of this Data or Avatar, unless otherwise specified in these Terms.
5. Compensation for damages
If Gugenka suffers damages due to reasons attributable to the user, Gugenka may claim compensation from the user.
6. Ownership of rights
1. All rights regarding the Content comprising this Data and Avatar belong to Gugenka or third parties licensed by Gugenka.
2. Users must not engage in any act that infringes on the rights of Gugenka or third parties regarding this Content.
7. Suspension/Termination of Service
1. Gugenka may suspend or terminate this Content at any time at its discretion, and bears no responsibility for damages incurred by the user as a result.
2. 3D models downloaded by the user prior to suspension/termination may continue to be used in accordance with these Terms.
8. Language, Governing Law, and Jurisdiction
1. These Terms shall be interpreted in Japanese.
2. These Terms shall be governed by Japanese law.
3. In the event of a dispute regarding these Terms, the Data, or the Avatar, the customer and our company shall resolve it through a court proceeding at the Tokyo District Court, which shall have exclusive jurisdiction as the court of first instance.
9. Other Notes
The contents of these Terms may be changed without prior notice.
Always check the latest contents when engaging in derivative or creative activities.
We bear no responsibility for any damages caused by revisions.
10. Rights holder and contact information
Rights holder: Gugenka Co., Ltd.
Contact:https://gugenka.jp/contact
