Terms Of Service for Digital Assets

These terms of service (“Terms”) govern your use of the Digital Asset (“Product”) created by 42Phoenix (“Creator”). By using the Product, you agree to be bound by these Terms..

  1. License Grant. Subject to your compliance with these Terms, the Creator grants you a limited, non-exclusive, non-transferable, revocable license to use the Product solely for personal, non-commercial use in connection with virtual reality games and experiences. This license includes the right to use the Product on virtual avatars, such as "VTubers", as long as such use is solely for personal, non-commercial purposes. However, you may use the Product on virtual avatars in your online streams and videos, including those that generate revenue for you, as long as such use is still solely for personal, non-commercial purposes. You may not use the Product for any other purpose without the prior written consent of the Creator.

  2. Restrictions. You may not:

  • Reproduce, distribute, publicly display, or create derivative works of the Product;
  • Sell, rent, lease, license, sublicense, or otherwise transfer or convey the Product to any third party, whether for commercial or non-commercial purposes;
  • Use the Product for any illegal, unauthorized, or infringing purpose, including hate speech; or
  • Remove or alter any copyright, trademark, or other proprietary notices or legends appearing on or in the Product.

  1. Ownership. The Creator retains all right, title, and interest in and to the Product. You acknowledge that you have no ownership or other proprietary interest in the Product, and that these Terms do not grant you any such interest.

  2. Termination. The Creator may terminate this license and your use of the Product if you materially breach these Terms. In the event of such termination, you must immediately cease using the Product and delete all copies of the Product in your possession or control.

  3. Disclaimer of Warranties. The Product is provided “as is” and without warranty of any kind, whether express or implied. The Creator expressly disclaims all warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

  4. Limitation of Liability. In no event shall the Creator be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Product, whether based on warranty, contract, tort, or any other legal theory, even if the Creator has been advised of the possibility of such damages.

  5. Governing Law. These Terms shall be governed by and construed in accordance with the laws of Salt Lake City, Utah, USA, without giving effect to any choice of law or conflict of law provisions.

  6. Entire Agreement. These Terms constitute the entire agreement between you and the Creator with respect to the Product and may be updated by the Creator at any time without notice. Your continued use of the Product after any changes to these Terms constitutes your acceptance of the updated Terms. These Terms supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and the Creator.

By using the Product, you acknowledge that you have read and understood these Terms, and agree to be bound by them. If you do not agree to these Terms, do not use the Product.