Vket Account Terms of Use

Article1 Purpose

  1. HIKKY Co., Ltd. (hereinafter referred to as the “Company”) provides the services operated by the Company (hereinafter referred to as the “Service”) to account users (hereinafter referred to as “Users”) in accordance with the Terms of Use of Vket Account (hereinafter referred to as the “Terms of Use”).
  2. The Company may stipulate individual terms for each Service (hereinafter referred to as the “Individual Terms”) in addition to the Terms of Use. In the event that the provisions of the Terms of Use and the Individual Terms differ, the provisions of the Individual Terms shall prevail.
  3. Unless otherwise specified, the Individual Terms, the service guide and other provisions of the Service by the Company shall also constitute a part of the Terms of Use, and the entirety of these together shall be the content of the agreement between the Company and Users. The Terms of Use correspond to the standard terms and conditions stipulated in Article 548-2 of the Civil Code of Japan.
  4. Users shall use the Service upon understanding and agreeing to all items of the Terms of Use. When Users use the Service, Users shall be deemed to have understood and agreed to all items of the Terms of Use.
  5. Users are permitted to use the Service on the condition that they comply with the provisions of the Terms of Use. In the event that Users violate the Terms of Use, the Company may suspend or restrict the use of the Service, terminate the registration, or take any other action deemed necessary by the Company.

Article2 Changes to the Terms of Use

The Company may, if it deems necessary, change the Terms of Use in accordance with the provisions of Article 548-4 of the Civil Code of Japan. The Company will notify Users of any changes to the Terms of Use, the content of the revised Terms of Use, and the effective date of the changes by posting a notice on the website, sending an e-mail, or any other method the Company deems appropriate before the effective date of such changes.

Article3 Account User Registration

  1. Those who wish to use the Service shall register for use in the manner designated by the Company.
  2. When a minor registers to use the Service, the minor must obtain the consent of a legal representative in advance. When a minor registers for use, the Company will assume that the minor has the consent of a legal representative.
  3. The Company may set an age limit for the use of certain services in the Service, which the Company deems appropriate.

Article4 Changes to the Registered Information

  1. Users shall be obligated to immediately change their registered information if there is any change in their e-mail address or other information registered with the Company.
  2. The Company shall not be liable for any disadvantages, burdens, costs, losses, damages, etc. (hereinafter referred to as “damages, etc.”) incurred by Users due to failure to change their registered information.

Article5 User ID/Password

  1. Users shall manage their own user IDs and passwords strictly at their own risk, and the Company shall not be held responsible for any unauthorized use by a third party.
  2. Users shall not allow any third parties to use their user IDs and passwords, and shall not transfer or lend them to any third parties.
  3. In the event that the Service is used with a registered user ID and password, the Company shall deem that the Service has been used by Users of said user ID and password, and the effects of such use shall belong to said Users.
  4. In the event that a user ID and password are known to a third party or suspected of being used by a third party, Users shall immediately report to the Company and follow the Company’s instructions.

Article6 Notification to Users and Contact from Users

  1. Notices from the Company to Users shall be posted on the website, sent by e-mail, or by any other method deemed appropriate by the Company.
  2. If a notice is posted on the website, the notice shall be deemed to have reached Users when it is posted on the website. If a notice is given by e-mail, the notice shall be deemed to have reached Users at the time the Company sends the e-mail to Users.
  3. Users shall contact the Company in accordance with the method specified by the Company.

Article7 Cancellation of Registration

  1. If Users wish to cancel his/her registration, Users shall follow the procedures in accordance with the method designated by the Company.
  2. When a user's registration is cancelled, the User loses his/her status as a user and cannot use the Service. In addition, after the cancellation of registration, the lost user status cannot be restored.
  3. In the event that a user owes monetary or other debts to the Company, the user shall not be exempted from such debts by cancellation of registration.

Article8 Service Usage Environment

  1. Users shall prepare terminals, electronic devices, communication devices, software, and Internet connection environment to use the Service at their own responsibility and expense, and shall bear the communication costs, etc. incurred in using the Service.
  2. When using the Service via a VPN server or certain other servers, the Service may not be available normally.

Article9 User's Responsibility

  1. In the event that a dispute arises between a user and a third party in relation to the use of the Service, the user shall resolve the dispute at the user's own responsibility and expense, and shall not cause any damage, etc. to the Company. The same shall apply in the event that the user suffers damage, etc. from a third party or makes a claim or other demand against a third party.
  2. In the event that a user causes damage, etc. to a third party in connection with the use of the Service, the user shall compensate for said damage, etc. at the user's own responsibility and expense.

Article10 Prohibited Acts

  1. The Company prohibits the following acts when Users use the Service:
    1. Infringement on the copyrights, trademarks, design rights, patent rights, utility model rights or other intellectual property rights of the Company or a third party;
    2. Infringement of the property rights, portrait rights, publicity rights, personal rights, honor rights, privacy rights or other rights of the Company or any third party;
    3. Actions that violate laws and regulations, and actions that are offensive to public order and morals;
    4. Criminal acts, acts that lead to criminal acts, and acts that encourage criminal acts;
    5. Registering or posting false information;
    6. Actions that place an excessive burden on the Company’s server, or other actions that interfere with the operation of the Service or interfere with the Company’s business;
    7. Use of the Service for any improper purpose that deviates from the original purpose of providing the Service;
    8. Remove, circumvent or disable security or other technical protection measures in the Service, or attempt to do so;
    9. Actions that slander, threaten, harass, or discriminate against the Company or a third party, or actions that encourage such acts, or other actions that cause disadvantage or undue burden to the Company or a third party;
    10. Collecting or disclosing personal information or privacy information without the consent of the individual;
    11. Use of the Service for the purpose of advertising the business of Users or a third party; and
    12. Actions prohibited by the Individual Terms, and other actions that the Company deems inappropriate.
  2. The Company shall, at its sole discretion, determine whether or not any of the prohibited acts described in the preceding paragraph apply to Users, and shall not be obligated to explain the details of such determination.
  3. In the event that the Company deems that a User falls under the prohibited acts in Paragraph 1, the Company may take any or all of the following measures without prior notice to the User:
    1. Suspension or restriction of use of the Service;
    2. Cancellation of registration; and
    3. Any other actions that the Company deems necessary.
  4. The Company shall not be liable for any damages, etc. incurred by the User or the User's related parties due to the measures described in the preceding paragraph.
  5. The Company shall have the right to demand compensation from Users for any and all damages, etc. incurred by the Company due to the Users’ acts in violation of the Terms of Use.

Article11 Suspension or Restriction of Use of the Service

  1. The Company may suspend or restrict the use of the Service by the User in any of the following cases:
    1. When there is a suspicion that the User's ID or password is being used by a third party;
    2. When there is a suspicion that the registered information contains false information;
    3. When the Company is unable to contact the User; and
    4. When the Company deems it necessary to do so.
  2. The Company shall not be liable for any damages, etc. incurred by the User or the User's related parties due to the measures described in the preceding paragraph.

Article12 Cancellation and Deletion of Registration by the Company

  1. In the event that a User falls under any of the following items, the Company shall be able to cancel the contractual relationship with the User and delete the registration without any notice:
    1. If the User violates the Terms of Use and does not correct the violation within a reasonable period of time after receiving a notice from the Company;
    2. If the registered information contains false information;
    3. If the User has been expelled from the Company in the past;
    4. If there is a notification from the User's heir, etc. to the effect that the User has died, or when the Company is able to confirm the fact of the User's death;
    5. If the Company determines that the User falls under the category of antisocial forces, etc. (organized crime groups, organized crime group members, quasi-constituents, companies related to organized crime groups, corporate racketeers, social campaigns racketeers, political campaigns racketeers, crime groups specialized in intellectual crimes, etc., or persons equivalent thereto);
    6. If the User is subjected to provisional attachment, provisional disposition, seizure, compulsory execution, a petition for auction, attachment due to delinquency in payment of taxes or when a petition for bankruptcy, rehabilitation procedures, corporate reorganization or special liquidation is filed against or filed by the User, or any other event that the User’s credit status deteriorates significantly;
    7. If the User conducts and uses actions and words that may, in terms of generally-accepted conventional wisdom, significantly ruin or damage social credibility or image of the Company or of a third party;
    8. If the User do not respond to the Company’s request in good faith; and
    9. In the event that the Company otherwise deems inappropriate.
  2. The Company shall not be liable for any damages, etc. incurred by the User or the User's related parties due to the measures described in the preceding paragraph.
  3. Users whose registration has been cancelled due to the measures in Paragraph 1 shall forfeit the benefit of time and shall immediately fulfill all obligations owed to the Company.
  4. The provisions of Paragraphs 2 and 3 of Article 7 shall apply mutatis mutandis to the case of cancellation of registration under this Article.
  5. Cancellation of registration in accordance with Paragraph 1 shall not preclude the Company from claiming compensation for damages from the User.

Article13 Interruption of Service

  1. The Company reserves the right to suspend the Service in the following cases:
    1. When performing maintenance or inspection of the Service;
    2. In the event of an accident such as a fire or power failure;
    3. In the event of force majeure (meaning natural disasters, epidemics, infectious diseases, and any other circumstances beyond the Company’s reasonable control. The same shall apply hereinafter) occurs;
    4. In the event of a system or network failure;
    5. In the event of unavoidable circumstances in the course of the Company’s business; and
    6. When the Company deems it necessary.
  2. The Company shall not be liable for any damage, etc. caused to the User or the User's related parties by the measures described in the preceding paragraph.

Article14 Change, Addition, or Discontinuation of Service

  1. The Company may change, add, or discontinue all or part of the Service at any time.
  2. The Company shall not be responsible for any changes, additions, or discontinuation of all or part of the Service in accordance with the preceding paragraph.
  3. When changing, adding, or discontinuing all or a significant part of the Service in accordance with the provisions of Paragraph 1, the Company will notify Users in advance to that effect. However, this shall not apply in case of emergency or unavoidable circumstances.

Article15 Disclaimer and Limitations

  1. The Company shall not be liable for any damages, etc. that Users or other related parties may suffer due to reasons attributable to a third party or force majeure.
  2. The Company does not guarantee in any way that the Service will be suitable for the specific purpose of Users, or that it will have the quality and value expected by Users.
  3. The Company does not guarantee the completeness, accuracy, certainty, reliability, or usefulness of the Service in any way. The Company does not warrant that the Service will be free from defects in fact or in law.
  4. The Company shall not be liable for any damage, etc. caused by the use of the Service by the User.
  5. The Company shall not be liable for any damage, etc. caused by the User's inability to use the Service.
  6. The Company shall not be held responsible for any linked sites managed by third parties, as the Company does not manage such sites.
  7. The scope of compensation for damages that the Company may incur against the User in relation to the Service or the Terms of Use shall be limited to ordinary damages actually incurred by the User as a direct result of reasons attributable to the Company, and the total amount of compensation for damages shall be limited to 100,000 yen, regardless of the reason and legal structure.
  8. In the event that the contract between the Company and the User regarding the use of the Service falls under a consumer contract as defined in the Consumer Contract Act of Japan, the provision in the Terms of Use that completely exempts the Company from liability for damages shall not apply.
  9. The Company shall assume no obligations or responsibilities other than those specifically set forth in the Terms of Use.

Article16 Intellectual Property Rights

  1. The copyright, neighboring rights, trademark rights, design rights, and other intellectual property rights of CG, video, audio, programs, text, images, illustrations, designs, trademarks, logo marks, and all other information (hereinafter referred to as the “Contents”) provided by the Service belong to the Company or to third parties who have licensed the use of the Contents to the Company.
  2. Users shall not engage in any act that infringes on the rights of the Company or any third party with respect to the Contents.

Article17 Outsourcing

  1. The Company may entrust all or part of the performance of the Service to a third party, and Users hereby agree to this in advance.
  2. In the case of the preceding paragraph, if the Company deems it necessary, the Company may provide personal information to a third party, and Users hereby agree to this in advance.

Article18 Handling of Personal Information

The Company will handle the personal information of Users in accordance with the Terms of Use and the Privacy Policy established by the Company.

Article19 Elimination of Anti-Social Forces

  1. Users covenant to the Company that the Users, or their officers or employees do not currently and shall not in the future fall under any of each item below:
    1. An organized crime group;
    2. A member of an organized crime group (including a person for whom less than five 5. years have elapsed since he/she has stopped being a member of an organized crime group);
    3. A quasi-member of an organized crime group;
    4. A company involved with an organized crime group;
    5. A corporate racketeer, etc., a social campaigns racketeer or a crime group specialized in intellectual crimes, etc.; or
    6. Any other persons equivalent to the foregoing items.
  2. Users covenant to the Company that Users shall not, by themselves or through the use of third parties, conduct any acts in each item below:
    1. Violent demands;
    2. Unjust demands that go beyond the legal liability;
    3. Acts of using threatening actions and words or violence in relation to the use of the Service or transactions with the Company;
    4. Acts of discrediting the Company or interfering with the Company’s business by spreading a rumor or using fraudulent means or force; or
    5. Any other acts equivalent to the foregoing items.
  3. If Users breach any of the preceding two 2. paragraphs, the Company may immediately terminate the contractual relationship with the Users and cancel the Users’ registration without requiring demand and may claim for compensation of the full amount of damages incurred due to the said breach. Users who have been cancelled or deregistered in accordance with this paragraph may not make any claim for compensation for damages or any other reason for such cancellation or deregistration.

Article20 Assignment of Rights and Obligations

  1. Users shall not, without the written consent of the Company, transfer, sell, lend, succeed, license to a third party, cause a third party to assume, or offer as collateral or otherwise dispose of Users’ rights, obligations or positions under the Terms of Use.
  2. In the event that the Company transfers its business related to the Service to a third party, the Company may transfer its position as the operator of the Service, its rights and obligations under the Terms of Use, as well as the User's registered information and other information, to the transferee of the transfer, and User hereby agree in advance to all such transfers.

Article21 Effectiveness

If any provision of the Terms of Use shall be invalid, the remaining provisions shall not be affected thereby and shall be effective and enforceable to the maximum extent permitted by laws and regulations, and the provision determined to be invalid shall be modified to the minimum necessary extent to correct thereof. The headings in the Terms of Use are for reference only and do not affect the interpretation of provisions provided for in the Terms of Use.

Article22 Governing Law and Competent Court

The Terms of Use shall be governed by the laws of Japan, without reference to principles of conflicts of laws, under which any law other than the laws of Japan is set as the governing law. The parties hereto consent to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court in the first instance depending on the amount sued with respect to a lawsuit in connection with or arising out of the Terms of Use.

Article23 Consultation

Matters not stipulated in the Terms of Use or doubts arising therefrom shall be tried to be amicably resolved through consultations in accordance with the principle of good faith.