Vket Service Terms of Use

These Vket Service General Terms of Use (hereinafter referred to as the “Terms of Use” or “General Terms of Use” to distinguish from individual terms of use or individual terms and conditions) set forth provisions, between HIKKY Co., Ltd. (hereinafter referred to as the “Company”) and customers (hereinafter referred to as “Users”), regarding the use of each Vket service and its relevant websites, services, applications, products, documents, and any other products and services provided to Users by the Company (each service is hereinafter collectively referred to as the "Service", and individual services are referred to as "Individual Services"). The Terms of Use constitute agreements between the Company and Users regarding the Service. Users are requested to read the entire text carefully before agreeing to these Terms of Use.

When using the Service, Users shall comply with the Terms of Use and other conditions or rules established by the Company. If the Company determines that a User has violated or may violate the Terms of Use or other conditions or rules, the Company shall be able to immediately take such measures as suspension or restriction of his/her/its use, cancellation or deletion of his/her/its account, and other measures deemed necessary by the Company. The Company shall not be liable nor responsible to compensate for any damages that may occur to the User and his/her/its relevant parties as a result of such measures.

In principle, the Service is free of charge unless otherwise specified by the Company, but usage fees may be charged for some services. Regarding the payment of usage fees, please check the terms and conditions separately specified by the Company.

By clicking "Agree" to the Terms of Use or using the Service, it is deemed that a User understands the contents of the Terms of Use and agrees to all of the conditions therein.

Article 1 (The Terms of Use, Basic Terms of Use, Individual Terms of Use, etc.)

  1. The basic terms of use, including the Terms of Use, generally apply to all persons who use the Service.
  2. In addition to the basic terms of use, each Individual Service may have its own usage conditions stipulated in terms and conditions such as individual terms of use or terms and conditions and guidelines. These individual terms and conditions or provisions, etc. (hereinafter referred to as the "Individual Terms of Use, etc.") constitute part of the Terms of Use, and the entirety of the Terms of Use including the Individual Terms of Use, etc. constitutes agreements between the Company and Users. In the event that the application of the Terms of Use is excluded under any Individual Terms of Use, etc., then only the Individual Terms of Use, etc. shall apply.
  3. Table 1 shows whether or not there are Individual Terms of Use, etc. for any Individual Services and whether or not Individual Terms of Use, etc. apply.
  4. In the event of a conflict between the provisions of the Terms of Use and Individual Terms of Use, etc., the provisions of the Individual Terms of Use, etc. shall prevail unless otherwise specified.
  5. Unless otherwise stipulated, the usage guide for the Service and other provisions for the Service offered by the Company, which are contained in the Individual Terms of Use, etc. also constitute a part of the Terms of Use, and the entirety of the Terms of Use shall be agreements between the Company and Users.

Table 1

Individual Services Individual Terms of Use or Terms and Conditions
My Vket My Vket Terms of Use
Virtual Market
Comic Vket
Game Vket
Music Vket
Terms and Conditions for Vket Event Exhibition [For Individuals]
※Terms and Conditions for Virtual Market Exhibition for Enterprises (Please contact us.)
Contact form
Vket Store Vket Store Website Terms of Use
Notations based on the Act on Specified Commercial Transactions
Vket Crew Vket Crew Service Terms of Use
Vket Crew Service Privacy Policy
Vket Cloud SDK Vket Cloud Engine Terms of Use
※Vket Cloud Engine License Terms and Conditions for Enterprises (Please contact us.)
Contact form

Article 2 Vket Account User Registration

  1. “Vket Account” means a common ID that can be used as the identity verification means or authentication means in relation to use of or subscription for services or applications compatible with Vket Account provided by the Company. While Users may be able to use limited features of the Service without having a Vket Account, a Vket Account is required for using all of the features of the Service. Users shall follow the procedures stipulated in this Terms of Use to register their Vket Accounts.
  2. When a minor registers to Vket Account, the minor must obtain the consent of a legal representative in advance. When a minor registers to Vket Account, 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, in accordance with the judgment of the Company.

Article 3 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 the failure to change their registered information.

Article 4 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.

Article 5 Notification to Users and Contact from Users

  1. Notices from the Company to Users shall be posted on the website, sent by email, 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 upon posting on the website. If a notice is given by email, the notice shall be deemed to have reached Users at the time the Company sends the email to Users.
  3. Users shall contact the Company in accordance with the method specified by the Company.

Article 6 Cancellation of Registration

  1. If Users wish to cancel his/her Vket Account registration, Users shall follow the procedures designated by the Company.
  2. When a user's Vket Account registration is cancelled, the User loses his/her status as a user and cannot use the Service. In addition, after the cancellation of Vket Account 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 the cancellation of registration.

Article 7 (Precautions Regarding Operating Environment, etc.)

  1. The preparation and maintenance of computers, software and other equipment, communication lines and other communication environments necessary for receiving the provision of the Service shall be conducted at Users’ own expense and responsibility.
  2. Users shall take security measures such as prevention of computer virus infection, unauthorized access and information leakage at their own expense and responsibility according to their own operating environment of the Service.
  3. Even if the Company stores messages and other information sent and received by Users for a certain period of time for its business operation, the Company shall not be obligated to store such information, and may delete such information at any time. The Company shall not be liable nor responsible for any damages, etc. incurred by Users due to the deletion of such information.
  4. When starting to use the Service or during the use of the Service, Users shall take sufficient care not to erase or alter the information held by the Users, nor to cause malfunction or damage to their equipment. The Company shall not be liable nor responsible for any of such damages, etc. incurred by Users.

Article 8 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.

Article 9 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, other users, the External Business Operators 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, other users, the External Business Operators or a 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. Acts of destroying or interfering with the functions of the servers or networks of the Company, other Users, External Business Operators or other third parties;
    8. Acts of altering or removing part or all of the Service;
    9. Acts of using the Service for inappropriate purposes that deviate from the original purpose of providing the Service;
    10. Acts of deleting, circumventing, disabling or attempting to remove, circumvent, or disable security or other technical protection measures in the Service;
    11. Acts that may interfere with the operation of the Service or damage the credibility of the Company;
    12. 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;
    13. Collecting or disclosing personal information or privacy information without the consent of the individual;
    14. Impersonating another individual or group or claiming false affiliation;
    15. Acts that are prohibited by the Individual Terms of Use or other acts that the Company determines 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 if the Company determines that the act by the user in the Service falls or is likely to fall under any of each item in the preceding paragraph, the Company may take necessary measures without providing prior notice to the user, including deletion of the relevant information, wholly or in part, suspension of the use, or any other measures deemed necessary and appropriate by the Company. (However, the Company shall not be obligated to take such measures, nor to disclose reasons for taking such measures.)
  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 any part of the terms of use.

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 determines that such actions are called for.
  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.

Article 11 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 Service by 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 User conducts and uses actions and words that, in terms of generally-accepted conventional wisdom, may significantly ruin or damage social credibility or image of the Company or of a third party;
    6. If the User do not respond to the Company’s request in good faith; and
    7. In the event that the Company otherwise deems inappropriate.
  2. The Company shall not be held 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 canceled 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.

Article 12 Interruption of Service

  1. The Company may suspend the provision of all or part of the Service without prior notice to Users under any of the following circumstances:
    1. When performing maintenance or inspection of the Service;
    2. In the event of an accident resulting in suspension of computers, networks, etc.;
    3. In the event of force majeure (which means any reasons attributed to third parties, suspension or interruption, etc. of external services, natural disasters, power outages, fires, cyberattack, epidemics, infectious diseases and all the other circumstances where the Company does not have any reasonable control. The same shall apply hereinafter.) occurs;
    4. In the event of trouble in external services, suspension or termination of service provision by, suspension of cooperation with the Service by, or specification changes, etc. in external services; or
    5. When the Company determines that suspension or abeyance are called for.
  2. The Company may immediately terminate the provision of the Service for its own convenience, even if there are no circumstances set forth in the preceding paragraph. In such a case, the Company shall strive to notify Users in advance, but such notification may be performed afterwards due to reasonable reasons.
  3. The Company shall not be liable nor responsible for any damages, etc. incurred by Users or any of their related persons due to the measures taken under either of the preceding two paragraphs.

Article 13 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.

Article 14 Disclaimer and Limitations

  1. The Company shall not warrant, either expressly nor implicitly, that there are no de facto or legal defects (including those regarding safety, reliability, accuracy, integrity, effectiveness, or suitability for a particular purpose, security defects, errors, bugs, infringement of rights, etc.) in the Service.
  2. The Company shall not be liable for any damages, etc. incurred by Users due to the Service, unless such damages, etc. are caused by intentional conduct or gross negligence by the Company; provided, however, that in the event that the agreement (including the Terms of Use) between the Company and a User regarding the Service is found to be a “consumer contract” stipulated in the Consumer Contract Act and the validity of this paragraph is restricted, the validity of this exemption clause shall be restricted in accordance with the Act and relevant regulations.
  3. Even in the case set forth in the proviso of the preceding paragraph, among the damages, etc. incurred by Users due to a tort by the Company or failure by the Company to perform obligations under the agreements, the Company shall not be liable or responsible for any damages, etc. arising from special circumstances (even if such damages are foreseen or could have been foreseen by the Company or by Users), incidental damages, indirect damages, or lost profits, unless such damages, etc. are caused by intentional conduct or gross negligence by the Company.
  4. The Company shall not be held liable or responsible for any transactions, communications, disputes, etc. that occur between a User and another User or between Users and third parties in relation to the Service.
  5. The Company may perform maintenance and updates to improve the quality of the Service, and as a result, the data being edited or created by a User may become temporarily unusable or, in exceptional cases, may be deleted. The Company shall exercise reasonable care in performing such maintenance or updates, but shall not be liable or responsible for any of the above.
  6. 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.
  7. The Company shall assume no obligations or responsibilities other than those specifically set forth in these General Terms of Use and any Individual Terms of Use, etc.

Article 15 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.
  3. 3. Users shall check the content of the basic terms and individual terms established by the Company for each service regarding intellectual property rights, and shall comply with the provisions.

Article 16 Displaying of Advertisements

The Company can post advertisements of the Company or third parties on the Service.

Article 17 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.

Article 18 Confidentiality

  1. Unless the prior written consent of the Company is obtained, Users may not disclose or divulge to third parties or use for any purpose other than those set forth in these Terms of Use , information which is disclosed as being confidential among any and all information on technology, finance, credit, sales or business of the Company disclosed from the Company (hereinafter collectively referred to as “Confidential Information”); provided, however, that this shall not apply to the following.
    1. Information which has already been obtained before acquiring it from the Company
    2. Information which has already been in the public domain before obtaining from the Company, or information which has become part of the public domain after acquiring it from the Company for reasons not attributable to the receiving party
    3. Information which is acquired from a duly authorized third party without assuming a confidentiality obligation
  2. Users need to restrict access to Confidential Information received from the Company only to Employees, etc., who reasonably need Confidential Information for the purpose of these Terms, and the professionals who assume legal confidentiality obligation such as lawyers, certified public accountants, and tax accountants. Users shall impose confidentiality obligations at least the same as these Terms on those persons, require them to comply with the obligations, and take necessary and appropriate preventive measures therefore.
  3. Notwithstanding the provision of this article, if Users are obligated to disclose Confidential Information by an order, etc., of a court or any other legally authorized public offices, they may disclose it to the minimum extent necessary. In such a case, Users shall notify the Company as promptly as legally possible.
  4. Users shall, when use of the Service ends for whatever reason, or when requested by the Company, stop using Confidential Information and promptly return it to the Company, or dispose of it according to the Company’s instructions.
  5. The Company shall be entitled to use the statistical figures of usage, etc., of the Service by Users or use such information by analyzing it for the purpose of improving, maintaining, or managing the Service. Users shall be deemed to have agreed to the statistical survey and/or use with this paragraph.

Article 19 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 canceled 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.

Article 20 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 agrees in advance to all such transfers.

Article 21 Users’ Liability for Compensation, etc.

  1. The user shall, in the event he/she inflicts damages on the Company or the Company’s related persons in breach of these Terms or for reasons attributable to him/her, compensate the Company or the Company’s related persons for the damages.
  2. In the event the user receives a claim from other users, the External Business Operators or other third parties in connection with the Service or a dispute arises with them, he/she shall immediately notify the Company of the content thereof and deal with the claim or the dispute at his/her expense and on his/her own responsibility and report the progress and the result to the Company.
  3. In the event the Company receives any claim for a reason of right infringement or for other reasons by other users, the External Business Operators or other third parties in connection with the use of the Service by the user, the user shall immediately compensate the Company for the expenditure of the responses including attorney's fee to a rational extent and for the amount the Company has paid to the relevant third parties should such payment arises based on the foregoing claim.

Article 22 Effectiveness

  1. 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.
  2. The headings in the Terms of Use are for reference only and do not affect the interpretation of the provisions provided for in the Terms of Use.
  3. These Terms constitute the entire agreement between the Company and the users, and supersede any prior agreement, representation negotiations, understandings, communications or advertising as to the matters contained in these Terms, irrespective of whether oral or written.

Article 23 Effective Term

  1. The Terms of Use shall become effective on the date a User completes Vket Account registration under Article 3, and shall continue to be effective between the Company and the User until the date the User's registration is canceled, the agreement is terminated, or the provision of the Service is terminated, whichever comes earlier.
  2. Even after termination of these Terms, provisions of Article 5 (Notification to Users and Contact from Users), Article 8(User's Responsibility), Article 9 (Prohibited Acts), Article 14 (Disclaimer and Limitations), Article 15 (Intellectual Property Rights), Article 17 (Handling of Personal Information) through Article 22 (Effectiveness), Section 2 of this Article (Effective Term), Article 25 (Language,Governing Law and Competent Court), and Article 26 (Consultation) shall remain in full force and effect.

Article 24 Changes in Terms of Use, etc.

  1. The Company may change the contents of the Service at its discretion based on its judgment.
  2. The Company may, at its own discretion, amend or revise the Terms of Use (including various provisions posted on the Company's Website; the same shall apply hereinafter in this Article.), and may newly set forth any matters not stated in the Terms of Use.
  3. In the event that the Company makes any change in the Terms of Use, such changes shall be posted on the Company's Website with their contents and effective date, be notified to Users by email, or be made known to Users by any other method that the Company determines appropriate. Such changes shall be effective from their effective date.
  4. In the event that the Company does not receive an expression of disagreement in writing (E-mails are also acceptable.) within 3 (three) days after notification of any changes to the Terms of Use, or that a User uses the Service after such changes are made known, the User is regarded to have agreed to the amended Terms of Use. In the event that the Company receives a manifestation of disapproval in writing as above, after the date of such receipt, the Company may, based on its discretionary judgment, suspend, terminate, or otherwise take measures that the Company determines appropriate by the date designated by the Company.

Article 25 Language,Governing Law and Competent Court

  1. These Terms of Use and various rules stipulated by the Company are agreed in Japanese. Even if a foreign language translation of these Terms is made, it is for reference purpose only, and the interpretation in the Japanese language takes priority over translations in any languages.
  2. These Terms of Use and various rules stipulated by the Company 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.
  3. The parties hereto consent to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court in the first instance with respect to a lawsuit in connection with or arising out of these Terms of Use and various rules stipulated by the Company.

Article 26 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.

Last updated: December, 13, 2022
This English version is provided solely for reference purposes. Should there be any discrepancy between the Japanese and English versions, the Japanese version will take precedence.

Privacy Policy

HIKKY Co., Ltd. (HIKKY, hereinafter, the “Company”) promotes the protection of personal information by stipulating the Personal Information Protection Policy as follows: constructing a mechanism of personal information protection and ensuring that all employees are aware of the importance of personal information protection and strive therefore. This Policy set forth matters regarding the handling of the information of those who use the services provided by the Company (including web services and application software; such services have the same meaning as that of the “Service” defined in the Vket Service General Terms of Use (hereinafter referred to as the “General Terms of Use”); for such services, hereinafter referred to as the “Service”; for such persons, hereinafter referred to as the “Users.”). Unless otherwise stipulated, the terms used in this Policy have the meanings defined in the General Terms of Use and Individual Terms of Use, etc.

Although this Policy is an individual terms and conditions under the "General Terms of Use" that apply to all services provided by the Company, it constitutes the basic terms and conditions of the Vket service together with the "General Terms of Use". With regard to matters not stated in this policy, provisions in guidelines, etc. (hereinafter referred to as the “Rules”) provided by the Company in this Policy, as well as the General Terms of Use, unless their application is excluded in this policy, shall apply.

Article 1 Definition of Personal Information

“Personal information” means personal information defined under Article 2, Paragraph 1 of the Act on the Protection of Personal Information.

Article 2 Control of personal information

The Company keeps personal information of the Users in accurate and updated conditions, takes necessary measures, such as maintenance of the security system, establishment of a control system and provision of thorough education to the employees, to prevent unauthorized access, loss, corruption, falsification and leakage to/of personal information and implements security measures to strictly control personal information.

Article 3 Collection of Personal Information

  1. In such cases when a User registers as a user, etc., the Company may collect the User's name, date of birth, address, telephone number, e-mail address, user name, account name, credit card number, history of communications (including text, voice chat and other communications) with the Company or between Users, and other information such as the data the User sent on the Service. The Company may also collect, from its business partners (including Exhibitors, information providers, advertisers, those to whom advertisements are distributed, e-commerce websites, etc.; hereinafter referred to as the "Partners"), record, information, etc., including personal information of Users, regarding transaction and/or payment which are conducted between Users and the Partners.
  2. The Company may collect information on devices (their type, OS information, ID information that can identify devices, etc.) used by a User to use the Company's Services. The Company may also collect IP addresses generated when a User uses the Company's services, login information, operation history within the services, and log information regarding the service usage (including action logs and spatial coordinates within VR spaces).

Article 4 Purpose of Use of Personal Information

The Company may use personal information collected from Users for the following purposes:

  1. Distribution of Contents, including videos such as motion videos or still images, musical compositions such as music or songs, and other contents such as games, and provision of their Related Services;
  2. Generating statistics, conducting analysis, etc. for the purpose of service development and service improvement;
  3. Marketing activities, etc. such as conducting surveys and providing information on various services;
  4. Payments, shipping of products or goods, and making contact with Users regarding these matters, etc.;
  5. Responding to inquiries and other consultations, etc.;
  6. Purposes, etc. incidental to the purposes of use above; and
  7. Other purposes permitted by the Act on Protection of Personal Information and other laws and regulations.

Article 5 Change in Purpose of Use

The Company may change the purposes of use of personal information only when it is reasonably recognized that a new purpose of use is relevant to those before such change. In the event that the purpose of use is changed, the purpose after the change shall be announced on the website by the method predetermined by the Company.

Article 6 Prohibition of Disclosure/Provision of Personal Information to Third Parties

The Company shall properly manage personal information collected from Users and shall not disclose personal information to third parties unless any of the following is applicable or it is permitted by laws or regulations:

  1. When a User gives consent to it;
  2. When such disclosure is made by the Company to a contractor in order to provide the service desired by the User;
  3. When it is necessary for considering new services, etc.;
  4. When outsourcing survey, research, analysis, etc. to a research institution;
  5. When such disclosure is required by laws or regulations;
  6. When it is necessary for the protection of life, bodily safety, or property of an individual, and it is difficult to obtain his/her consent;
  7. When it is particularly necessary to improve public health or promote the sound development of children, and it is difficult to obtain consent from the person concerned;
  8. When it is necessary for the Company to prevent or deal with unlawful conduct or infringement of rights;
  9. When it is necessary to cooperate with a national agency, a local government, or their contractors in performing tasks stipulated by laws or regulations, and obtaining consent from the person concerned may interfere with the execution of such tasks;
  10. When an inquiry is received from a person legally authorized to make such an inquiry, such as a police officer, public prosecutor, public prosecutor's assistant officer, national tax official, drug control officer, bar association, court, etc.;
  11. When the Company's business including Users’ personal information is transferred due to a merger, company split, business transfer, etc.; or
  12. Otherwise permitted by the Act on the Protection of Personal Information and other laws or regulations.

Article 7 Security measures of personal information

The Company has formulated thoroughgoing measures for security in order to ensure the accuracy and safety of personal information.

Article 8 Inquiry by a User

If a User desires to inquire, modify or delete his/her personal information, the Company will respond thereto after having confirmed the identification of the person.

Article 9 Amendment

This Policy may be amended by the Company. Upon such amendment, the Company shall publish the amended Policy on its website in the manner predetermined by the Company and shall make it known to Users.

Article 10 Use of Cookies, Advertising Identifiers, etc.

When a User uses or browses the Service, the Company may automatically acquire such information as advertisements and pages viewed by Users, apps, and Users’ operating environment by using Users’ cookie information, advertising identifiers, etc. (hereinafter referred to as "cookies and advertising identifiers, etc."), record such information on the Company’s servers, and use it for service improvement, advertisement distribution optimization, and for other purposes below:

  1. For saving basic settings, etc.;
  2. For login, account authentication, etc.;
  3. For keeping track of usage situation, considering service improvement, etc.;
  4. For conducting surveys, etc.;
  5. For showing advertisements, etc.; and
  6. When the Company deems it necessary for the maintenance or development of the Service.

Article 11 Regarding Cases When Users do not Permit Use of Cookies, Advertising Identifiers, etc.

Users may decide and configure their settings whether or not to permit the use of cookies, advertising identifiers, etc. However, if a User prohibits the use of cookies, advertising identifiers, etc., there is a possibility that settings within the services or use of the services, etc., that require cookies, advertising identifiers, etc., may become unusable.

Article 12 Use of Google Analytics

Company uses the Google Analytics service of Google LLC in order to improve the quality of the website run by Company (hereafter, “Company Website”). Google Analytics uses “cookies” to collect, record and analyze data about Web traffic to the Company Website. To learn about how Google Analytics collects, and processes data, as well as to read the Google Analytics terms of service and Google LLC privacy policy, please visit the following websites.

How Google uses information collected from websites and applications which use Google services:
https://policies.google.com/technologies/partner-sites?hl=en
Privacy policy of Google LLC:
https://policies.google.com/privacy?hl=en
Last updated:December 13, 2022
### Contact If you have any inquiries about this Policy, please contact the following department:

HIKKY Co., Ltd.
Ebisu Mitomi Building 4F, 1-20-22 , Ebisu , Shibuya-ku, Tokyo 150-0013
This English version is provided solely for reference purposes. Should there be any discrepancy between the Japanese and English versions, the Japanese version will take precedence.

Real-Time Communication Service Terms of Use

These Real-Time Communication Service Terms of Use (hereafter referred to as the “Basic Terms of Use”) set forth matters regarding the use of the real-time communication service (a general term for communication functions used for VR contents on web browsers provided by HIKKY Co., Ltd. (hereafter referred to as the “Company”); including the service after the change in the event that its service name or contents is changed for any reason.) of the Company, use of programs, software, etc. provided in relation to the real-time communication service, and accessing, viewing, experiencing and using of all CGs, graphics, music, texts, and other information uploaded, downloaded, or viewed by using the app under the applicable Basic Terms of Use (regardless of whether uploaded by Users or provided by the Company unless otherwise specified in the Basic Terms of Use; for such contents, hereinafter referred to as the “Contents”; for such service, hereinafter referred to as the "Service"). These Basic Terms of Use constitute agreements between the Company and Users regarding the Service, and the terms used in these Basic Terms of Use shall have the meanings defined in the General Terms of Use and Individual Terms of Use, etc., unless otherwise specified.

Although the Basic Terms of Use are individual terms and conditions under the "General Terms of Use" that apply to all services provided by the Company, they constitute the basic terms and conditions of the Vket service together with the "General Terms of Use". Regarding matters not stipulated in the Basic Terms of Use, provisions in guidelines, etc. (hereinafter referred to as the “Rules”) provided by the Company in the Basic Terms of Use, as well as the General Terms of Use, unless their application is excluded under the Basic Terms of Use, shall apply.

Article 1 Definition

  1. “External Services” shall mean the services or platforms to be used for implementation of the Company’s prescribed Service, which are provided by other business operators (including, but not limited to, Google, Apple, Microsoft, Valve, VRChat and YouTube).
  2. “External Business Operators” shall mean the service providers of the External Services.
  3. “External Terms of Use” shall mean the terms that define the relationship of rights between the users and the External Business Operators.
  4. “Exhibitors” shall mean those who apply for exhibition in the Service and submit data to the Service with the Company’s consent.
  5. “Company’s Website” shall mean the website operated by the Company (if the domain or contents of the Company’s Website are changed for whatever reason, including the website so changed).

Article 2 Use of the Service

  1. The users can, during the term of the Use Contract, use Content provided by the Company as well as Content exhibited by the Exhibitors in accordance with these General Terms of Use and the Basic Terms of Use and by the method prescribed by the Company.

  2. The Company provides the Space as a place to set up or exhibit the submitted data to the Exhibitors as an operator of the Service, and the Company shall not be involved in the content of such data. The users shall use the Service and the submitted data of the Exhibitors, and perform communication between the users on their own responsibility. Even if the user purchases or acquires Content from the Exhibitors or other persons in some way, the Company will not be involved in nor be liable for the contract between the users, the Exhibitors, or any other persons, defects of Content purchased or acquired, and any trouble, damages or other issues that may arise associated therewith.

Article 3 Chat Function

  1. The users can, during the term of the Use Contract, use chat function by voice or text (hereinafter referred to as the “Chat Function”) on the Service in accordance with these General Terms of Use and these Basic Terms of Use and by the method prescribed by the Company.
  2. The Chat Function is not intended to perform closed communication among the users but enable open communication in which the users transmit messages to other users and the Company. The users who use the Chat Function shall agree in advance that messages they transmit will be viewed or browsed by other users or the Company without objection pursuant to this paragraph.
  3. The Company may, when required by laws and regulations or ordered, demanded, or requested by judicial or administrative organs or any other public organizations, disclose the messages transmitted through the Chat Function by the users in order to comply with the said order, demand or the like. The users who use the Chat Function shall consent in advance to the disclosure without objection pursuant to this paragraph.
  4. The Company shall not be liable in any circumstances, if any damages should be incurred by the users due to the measures taken by the Company based on this article.

Article 4 Prohibited Acts

  1. The users shall be prohibited from conducting acts falling under any of each item below for using the Service:
    1. Acts of transmitting obscene information or information harmful to the juveniles
    2. Acts of transmitting information relating to sexual acts, dating with the opposite sex or matchmaking, etc.
    3. Significantly aggressive acts or acts that inspire a feeling of disgust against specific individuals or groups (e.g., racial/ethnic discrimination or religious disputes, etc.)
    4. Acts of solicitation or advertising of specific religions or any other religious uses
    5. Acts of breaching the General Terms of Use, Privacy Policy, the Basic Terms of Use, laws and regulations (including the Public Offices Election Act and others) or the internal rules of an industry organization to which the Company or the user belongs
    6. Acts of transmitting information that contains computer virus or any other harmful computer programs
    7. Acts of altering information sent and/or received in relation to the Service
    8. Acts conducted by impersonating another user or another third party
    9. Acts of transmitting data above the fixed data capacity prescribed by the Company through the Service
    10. Any other acts that the Company determines 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 if the Company determines that the act by the user in the Service falls or is likely to fall under any of each item in the preceding paragraph, the Company may take necessary measures without providing prior notice to the user, including deletion of the relevant information, wholly or in part. (However, the Company shall not be obligated to take such measures, nor to disclose reasons for taking such measures.)
  3. The Company shall bear no responsibility for any damages incurred by the users based on the measures it has taken under this article.

Article 5 Intellectual Property Rights, etc.

  1. The ownership and Intellectual Property Rights in relation to any and all Content that exists in the Company’s Website or virtual space and to the Service shall be vested in the Company or the persons who have granted a license to the Company, except for Content exhibited by the Exhibitors. Utilization permission for the Service based on the registration provided for in these Terms shall not, except for those clearly specified in these Terms, mean the assignment or licensing of, in relation to the Company’s Website or the Service, Intellectual Property Rights owned by the Company or the persons who have granted a license to the Company. The users shall not, for whatever reason, conduct any acts that are liable to infringe on Intellectual Property Rights of the Company or the persons who have granted a license to the Company.
  2. The users shall agree in advance that their activities in the Service (including, but not limited, the appearance of the user’s avatar, etc. and the user’s comments) will be viewable by other users or any other third parties through the Service or other Internet and shall not raise any objection thereto.
  3. The Company may, with respect to graphics, photos, images, compositions, sound or the like in the Service, use them for the purpose of the Company’s publicity or advertising of service using various media such as broadcasting, publication or Internet, or permit various media and individuals to distribute or use them in some cases. Furthermore, the Company permits the taking of photos, including screenshots, posting to SNS/blogs/YouTube, etc., distribution, or any other utilization in the Service by the participants in principle, except for cases where the Company refuses them. Therefore, please note that the avatar of the users or activities of the users can be reflected or presented in these works, and that the users and the Exhibitors may not raise any objection against such reflection, etc. and shall not exercise the author’s moral right against other users or the Company.
  4. The Company shall not be liable in any circumstances even if damages should be incurred by the users due to this article.
  5. This article shall remain effective even after the termination of these Basic Terms of Use.

Article 6 Denial of Warranties and Disclaimer

  1. The Company will not, in any means, provide warranty to any and all matters pertaining to the contents and legality of the Service, the contents, legality and completeness of Content provided by the Company, the contents and legality of Content exhibited by the Exhibitors, or any other matters relating to Content or the Service, nor be obligated to confirm or judge those matters.
  2. The Service shall be provided on an as-is basis and the Company shall not warrant any aspects of the Service, including but not limited to, fitness for any particular purpose, merchantability, completeness, or continuity.
  3. Even if the users acquire any information concerning the Service, the Company’s Website or other matters from the Company or the Company’s related persons, the Company will not provide the users with any warranty beyond the terms and conditions contained in these Terms.
  4. The Company sometimes links the Service with the External Services; however, the Company will not warrant implementation or continuation of the linkage and even if the users were unable to link with the External Services in the Service, the Company will bear no responsibility therefor.
  5. In the cases where the Service is linked with the External Services, the users shall comply with the External Terms of Use at their expense and on their own responsibility. Even if a dispute arises between the user and the External Business Operators operating the relevant External Services, the Company will bear no responsibility for the dispute, etc.
  6. The users shall investigate in advance whether using the Service is in breach of laws and regulations or internal rules, etc. of industry organizations applicable to the users at their expense and on their own responsibility and the Company will not warrant that the use of the Service by the users shall be in conformity to laws and regulations or internal rules, etc. of industry organizations applicable to the users.
  7. With respect to any transaction, communication, or dispute, etc. which have arisen between the user and other users, the External Business Operators or other thirds parties in connection with the Service or the Company’s Website, the user shall deal with and resolve it on his/her own responsibility and the Company shall bear no responsibility for those matters.
  8. The Company shall not be held liable for compensating damages suffered by the users in connection with the discontinuation, suspension, termination, unavailability, or change of the provision of the Service or Content provided by the Company or Content exhibited by the Exhibitors, deletion or disappearance of messages or information of the users, revocation of the registration of the users, disappearance of data caused by the use of the Service, breakdown or damage of devices or any others relating to the Service and Content.
  9. Even where the link from the Company’s Website to another website or the link from another website to the Company’s Website is provided, the Company will bear no responsibility, for whatever reason, for any websites other than the Company’s Website as well as any information obtained therefrom.
  10. The Company will not be held liable for compensating damages suffered by the users in connection with the Service, Content provided by the Company, Content exhibited by the Exhibitors, etc. or any acts, etc. of other users. Even if the Company is liable for the damages to the user based on application of the Consumer Contract Act or other laws and regulations, the scope of the Company’s liability for damages shall be, regardless of the legal statement of claim or causes such as liability for default or liability for damages, limited to ordinary damages actually incurred by the Exhibitors, which are caused directly by reasons attributable to the Company, and moreover, shall not exceed the total amount of monetary profits that the Company has actually gained from the relevant user during the past six (6) months retroactive from the time of the occurrence of causes for damages.
  11. In the event that a User is a “consumer” stipulated in the Consumer Contract Act and that the Basic Terms of Use is found to be a “consumer contract” stipulated in the Act, the provisions under the Basic Terms of Use which exempt a part of the Company’s liability to compensate for damages or which give the Company authority to determine the limitation on such liability shall not be applicable when damages, etc. are caused by intentional conduct or gross negligence by the Company.
Last updated: December, 13, 2022
This English version is provided solely for reference purposes. Should there be any discrepancy between the Japanese and English versions, the Japanese version will take precedence.

Individual Terms of Use

My Vket Terms of Use

These Individual Terms of Use (herein referred to as the “Individual Terms of Use”) set forth provisions, between HIKKY Co., Ltd. (hereinafter referred to as the “Company”) and customers (hereinafter referred to as the “Users”), regarding the use of the Service (defined below), websites, services, apps, products, documents, and any other products and services (hereinafter referred to as "the Service") provided to Users in connection with the Service. The Individual Terms of Use constitute agreements between the Company and Users regarding the Service. Users are requested to read the entire text carefully before agreeing to these Individual Terms of Use.

In order to use the Service, a User may use some functions of the Service without registering a Vket Account (defined below), but a User is required to register a Vket Account in advance in order to use all functions. The Vket Service General Terms of Use (hereinafter referred to as the “General Terms of Use”) shall apply to matters common to all Vket services, including the Service, and matters regarding registration and management of Vket Accounts. Therefore, a User is required to agree to all of the Basic Terms of Use, including the General Terms of Use, and the Individual Terms of Use. By using the Service, a User shall be deemed to have read, understood, and agreed to all of the terms and conditions of these Individual Terms of Use.

The Individual Terms of Use constitute agreements between the Company and Users regarding the Service, and the terms used in the Individual Terms of Use shall have the meanings defined in the General and Basic Terms of Use, etc., unless otherwise specified. The Individual Terms of Use are individual terms and conditions under the "General Terms of Use" that apply to all services provided by the Company, and these Individual Terms of Use shall be excluded from application in these Individual Terms of Use. Regarding matters not stipulated in the Individual Terms of Use, provisions in guidelines, etc. (hereinafter referred to as the “Rules”) provided by the Company in the Individual Terms of Use, as well as the General Terms of Use, unless their application is excluded under the Individual Terms of Use, shall apply.

Users may not use the Service if they do not agree to all provisions in the Basic Terms of Use, including the General Terms of Use, and these Individual Terms of Use.

By clicking "Agree" to the Terms of Use or browsing, entering downloading, installing or using the Service, it is deemed that an Exhibitor understands and agrees to all the contents of the Basic Terms of Use, including the General Terms of Use and each individual terms of use or terms and conditions.

A User shall comply with the Basic Terms of Use, including the General Terms of Use, the Individual Terms of Use, and the Rules provided by the Company. In the event that the Company determines that there is a violation or a possibility of violation, the Company may immediately take measures such as suspension/restriction of use, cancellation/deletion of an account, and other measures deemed necessary by the Company. The Company shall not be liable or responsible for any damages, etc., incurred by Users and their related parties that may arise as a result of such measures.

Article 1 Definition

  1. The “Service” means a Vket-related portal service that enables creation/editing/management of My Page (defined below), which will be the base for an individual user in virtual space, creation/editing/registration of 3D models, etc. (defined below) such as avatars as activity subjects, creation/editing/registration of a “room” which will be a space for activities, and other activities.
  2. "My Page" means a User's personal base in the Service which enables the User's registration/editing of his/her/its profile, registration/management, etc. of his/her/its assets, such as my avatar, my room, etc. Users may register and manage their own profile (defined below), avatar, room, etc. through My Page.
  3. A “User” means an individual or enterprise who uses or intends to use the Service after agreeing to the Basic Terms of Use, including the General Terms of Use, and these Individual Terms of Use.
  4. "Profile" means a service which enables to set and make public information about a User along with the User's ID, user name, images (including photos, illustrations, etc.), etc. in the Service.
  5. “Vket Avatar” means a service which enables editing and creating of avatars, items, and other 3D models, etc. (hereinafter referred to as “3D Models, etc.”) that use any computer programs or data included in the “Avatar Maker” function of the Service. Users may edit and create their 3D Models, etc. in his/her/its choice by combining Components in Avatar Maker. Users may also upload (including URL links) VRM data, 3D model data that can be used as common avatars in 3D contents, image and text data, including data of 3D Models, etc. created by Avatar Maker (hereinafter collectively referred to as "Works").
  6. “Vket Room” means a service that uses any computer programs and data included in the “Room Maker” function of the Service to edit, create, and make public the registration/management of assets with spatial meanings.
  7. “Output” means all data output of 3D Models edited and created by agreeing to these Terms and using the Service.
  8. “Components” mean all of the 3D models, motions, images, text data, etc., which serve as materials for the editing and creation of 3D Models. Components provided by the Company and of which the Company holds the intellectual property rights are referred to as “Distributed Components.” Components provided by Users themselves are referred to as “User Components.” Components provided by third-parties and of which the third-parties hold the intellectual property rights are referred to as “Third-party Components.”
  9. “Contributor of User Components” means Users who have submitted Components to be used in the Service.
  10. “3D Model Data” means all Product Uploaded (defined below) to the Service by the Uploader (defined below) by agreeing to these Terms and using the Service.
  11. “Upload” means the act of uploading 3D Model Data to the Website. And “3D Model Data Uploader” means Users uploading 3D Model Data to the Service (defined below).
  12. “Resources of 3D Model Data” means the data, including 3D Models Data; and image, URL, and text data, entered to the Website through the Service upon Uploading Product created by the Uploader.
  13. “Vket Account ” means a common ID that can be used as the identity verification means or authentication means in relation to use of or subscription for services or applications corresponding to Vket Account provided by the Company.
  14. “Website” means My Vket(https://vket.com/) operated by the Company.
  15. “Related Services” means any and all services and websites which employ the account functions of Vket Account, operated by the Company. When using Related Services, the relevant individual terms of use or individual terms and conditions shall apply.

Article 2 Licensing Terms and Restrictions of the Service and Distributed Components, etc.

  1. The Company, unless stipulated otherwise by the Company, grants to the User a non-exclusive, perpetual, non-transferable, non-sublicensable, worldwide license to commonly use, copy, archive, modify, and display, for any purpose and use, subject to the restrictions common to all licenses, the data and Distributed Components constituting the Output, provided by the Company through the Service.
  2. Contributors of User Components grant usage rights to the Company and other Users by registering their User Components to the Website. Contributors of User Components may stipulate separate usage terms for each of their User Components when granting usage rights to other Users, however, unless different license terms are stipulated and indicated, Contributors of User Components grant to other Users a non-exclusive, perpetual, non-transferable, non-sublicensable, worldwide license to commonly use, copy, archive, modify, and display, for any purpose and use, the User Components.
  3. In the case that usage terms are separately stipulated for each data provided through the service by the Company or a third-party, Users may only use the provided data in accordance with said terms.
  4. Notwithstanding the provisions of the preceding paragraphs, Users are prohibited from developing applications which enable creation of 3D models by means of modifying of meshes or combining meshes and textures of any Distributed Components, Third-party Components, and the Output and/or 3D Models including any Distributed Components and Third-party Components. Any Users wishing to develop applications that include such functionality must obtain a separate license from the Company.

Article 3 Usage Rights and Terms of Use of Components

  1. Users may obtain, either free of charge or at a cost, the usage rights for Distributed Components and Third-party Components through the Service by complying to any fees, periods of use, means of transaction etc., stipulated thereto.
  2. Distributed Components and Third-party Components may only be used for the accounts for which their usage rights have been obtained. Users may not transfer, inherit, or license the usage rights for Distributed Components and Third-party Components to any third-parties.
  3. Some Distributed Components and third-party Components may have restrictions to the period of vending and/or use. In such cases, the Company or third-party may, without prior notice, terminate the period of vending and/or use.
  4. Users may not use Components in any manner (including copying, transmitting, reproducing, modifying, etc.) which exceeds the manner or method of use expressly permitted by these Terms or beyond the manner of use contemplated by the Service.
  5. Some Distributed Components and Third-party Components may not be available for purchasing or use in certain regions or depending on the account status.

Article 4 Scope of Use of Output

  1. Users may use Output for any purpose which is permitted by each license granted for Distributed Components used in 3D Models and that does not breach these Terms or any applicable laws and regulations.
  2. Users may, on their own responsibility, establish licenses for the VRM data they create as Output of the Service provided that it is in compliance with any licenses granted for Distributed Components used in 3D Models and that does not breach these Terms or any applicable laws and regulations.
  3. Notwithstanding the provisions of the preceding paragraphs, if Output contains any material of which a third-party owns a copyright or any other intellectual property rights, Users must comply with any regulations stipulated therein. The Company will not be liable for any losses incurred due to the breach of any regulations by the User, and the User shall hold the Company harmless with respect thereto.

Article 5 Revocation of Rights

  1. The Company may, if a User has breached these Terms, revoke usage rights to the Service and any licenses granted for the data used in Output without prior notice or warning.
  2. In the event that a User has their usage rights revoked by the Company, said User must immediately terminate usage of the Service and delete any Output, including any copies, obtained through the Service.

Article 6 Rights and Regulations Regarding 3D Models and Usage by the Company

  1. The copyright and other rights of the Components, including 3D Models created by Users, are stipulated as follows.
    1. No intellectual property rights and any other rights whatsoever of Distributed Components or Third-party Components, regardless of whether it is obtained free of charge or at a cost; or is displayed as being on sale, are transferred to the User. Users are granted the right to use the Components in compliance with these Terms only, and usage rights of any Distributed Components and Third-party Components may not be transferred, inherited, or licensed to any third-parties.
    2. The intellectual property rights and any other rights of the data, including image and text, comprising the Distributed Components and Third-party Components are vested in the Company or any third-parties licensing to the Company. If any regulations on usage are stipulated for individual Components by the Company or any third-party, Users must comply with these regulations in addition to these Terms. Users may not use Components unless licensed by the Company or third-parties with rights vested in them.
    3. The intellectual property rights and any other rights of User Components are vested in the Contributor, regardless of whether it is obtained free of charge or at a cost; or is displayed as being on sale. Contributors of the User Component may establish usage regulations for individual User Components. Contributors agree not to exercise their moral rights for any 3D Models that have been created by the Company or other Users using the User Components they have submitted, in compliance with any usage regulations stipulated by the Contributor.
  2. If 3D Models contain any material (including Distributed Components provided by the Company and any data related to the Service) of which a third-party other than the Company and User owns a copyright or any other intellectual property rights, Users must comply with any regulations stipulated therein. The Company will not be liable for any losses incurred due to the breach of any regulations by the User, and the User shall hold the Company harmless with respect thereto.
  3. If Users use 3D Models for any services linked to the Service, Users must comply with all terms and conditions of that service.
  4. Components submitted to the Service may be used for related services and services provided by third-parties, by means of downloading or through the VketAvatar service, in compliance with usage regulations established by the Company or Contributor of User Components. Usage regulations of any User Components that are used in related services or third-party services must be established at the responsibility of the Contributor in accordance with the terms and conditions of said services. Accordingly, Users must read and understand these terms beforehand.

Article 7 Matters to Be Noted for Uploading and Liabilities of the 3D Model Data Uploader

When uploading to the Website 3D Models Data including data that is publicly distributed or sold, etc., outside the Service or Avatar Maker(provisional designation), Users must check and comply with any regulations of use for the data related thereto. If any disputes arise with any third-parties from the use of said publicly distributed or sold data for the Service (and any services including Related Services), the User must resolve the dispute at their own expense and on their own responsibility, and hold the Company harmless from any damages or losses incurred due to the dispute.

Article 8 Intellectual Property Rights, etc.

  1. Copyrights, trademark rights, and any other intellectual property rights of the Website, the Service and any information, websites, products, programs, applications, logos, documents, etc., to be provided to Users under these Terms, shall be vested in the Company or third-parties licensed to the Company. Users shall not conduct any acts that infringe on the rights of the Company or third-parties.
  2. Users may use the information laid out in the preceding paragraph only for purposes of using the Service to produce and edit 3D Models, in compliance with these Terms. Users may not, without the written consent of the Company or third-parties licensed to the Company, imitate or use any know-how contained within the Service; or copy, adapt, publicly transmit, etc., any of the information laid out in the preceding paragraph, unless otherwise explicitly provided for in these Terms. Permission to use the Service based on registration as set forth in these Terms does not imply the transfer or license of any intellectual property rights belonging to the Company or third-parties licensed to the Company, unless otherwise explicitly provided for in these Terms. Users shall not conduct any acts that are liable to infringe on the rights of the Company or third-parties licensed to the Company.
  3. The Company reserves the right to use and modify, etc., free of charge and non-exclusively, Resources of 3D Model Data for the smooth operation, promotion of use, and marketing of the Service; for purposes of building, improving, and maintaining the Company’s system. Said uses, etc., include but are not limited to, displaying the Uploaded 3D Models Data on the Service Website; reflecting to 3D Models Data any modifications made by the 3D Model Data Uploader to the properties of 3D Model Data; and creating and trimming thumbnails in the properties of 3D Model Data.
  4. Upon the usage of data laid out in the preceding paragraph, the Company reserves the right to omit any part of said properties or name display.
  5. Usage rights stipulated in these Terms and granted to Users registered to the Service do not transfer or license the use of any intellectual property rights belonging to the Company or third-parties licensed by the Company, unless otherwise explicitly provided for in these Terms. Users shall not conduct any acts that are liable to infringe on the rights of the Company or third-parties licensed by the Company.
  6. Users shall agree without objection that the Company is entitled to seek an injunction or any other available remedies to exercise, protect, maintain, and preserve the rights that belong to the Company and that the Company has the right to obtain those remedies.

Article 9 Prohibited Acts

  1. Users are prohibited from conducting any of the following acts in using the Service. In the event of a violation, the Company may take measures deemed necessary and appropriate, such as requiring an involuntary withdrawal, and suspension of service. (However, the Company will not be obligated to carry out measures, or disclose the reasoning for the measures carried out in response to the act.)
    1. Acts of analyzing the Service wholly or in part, by such means as reverse engineering, decompiling, and disassembling.
    2. Acts of reproducing Distributed Components or Third-party Components without the consent of the rights holder.
    3. Acts of submitting data or information that falls under any of the following as a User Component.
      1. Violates laws, ordinances, or other standards set by the Company (if any), such as that related to obscenity, child pornography, child abuse, or similar indecency that are contrary to socially accepted norms.Libels against others
      2. Information that slanders others (including avatars, etc.)
      3. Allows personal information, including that of the Contributor, such as name, address, place of work, and phone number, to be identified. (Includes cases in which collation of the information relating to the submitted 3D Models may lead to the identification of an individual.)
      4. Includes rumors, falsehoods, or content for which it is difficult to verify its authenticity.
      5. Data or information of any other nature deemed inappropriate by the Company.
    4. Acts of submitting User Components designed to be a commercial advertisement or other promotion or solicitation (except for that which the Company has explicitly allowed); content including or promoting affiliate links; pyramid schemes; chain mail; multi-level marketing; pay-to-read-email; adult and one-click fraud sites; sites which aim to disseminate viruses or harmful computer programs; any other sites which the Company determines as promoting inappropriate content (including posting links); and any other content which the Company determines as inappropriate.
    5. Using the Service for any purpose other than the production of Output; provided, however, that the following cases are allowed.
      1. Use by instructors and students for educational purposes at educational institutions.
      2. Use for the purpose of publicly exhibiting the process and/or method of use for producing Output, in compliance with these Terms; and any laws and regulations.
      3. Use for the sales promotion of such devices as pen tablets and PCs, in which the purpose is to demonstrate that the device is compatible with the Service.
      4. Any other uses that the Company specially permits.
    6. Acts of developing an application which enables the production of 3D Models, by such means as modification of meshes and texture combining, from the use of Distributed Components; Third-party Components; 3D Models including Distributed Components and Third-party Components; and Output.
    7. Infringing upon or conducting any acts that may infringe upon the intellectual property rights, image rights, privacy rights, honor, or any other interest or profits, etc., of the Company, other Users, external operators, and any other third-parties.
    8. Acts related to illegal activity or those violating public order and morals.
    9. Acts in violation of these Terms; laws and regulations (including the Public Offices Election Act); or acts in violation of the internal rules of the Company or an industry organization to which the User belongs; provided, however, that the use of Components in Output that requires an age limit is permitted, as long as the Output is in compliance with the licensing regulations stipulated in these Terms.
    10. Acts of transmitting information containing computer viruses or any other harmful computer programs.
    11. Acts conducted by impersonating other Users or third-parties.
    12. Acts of destroying or interfering with servers or network functions of the Company, other Users, or any other third-parties.
    13. Conducting commercial activities using the Service without the Company’s permission.
    14. Acts that threaten to interfere with operation of the Service or discredit the Company.
    15. Any other acts the Company deems to be 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. The Company may, if it deems that an act by a User in the Service falls under or is likely to fall under any acts stipulated in the items in the preceding paragraph, suspend the User’s use, take such measures as deletion of User Components provided under Article 10 (Authority to Delete User Components), or take other necessary measures without prior notice to the User. (However, the Company shall not be obligated to take such measures, nor to disclose reasons for taking such measures.)
  3. The Company will not take any responsibility for damage incurred by the User due to the measures taken by the Company pursuant to this article.

Article 10 Authority to Delete User Components

In the event of any of the following, the Company may take measures such as the deletion, entirely or in part; or the amendment of the public availability of the User Component regardless of whether or not the User Component is illegal or in violation of these Terms. (However, the Company shall not be obligated to take such measures, nor to disclose reasons for taking such measures.)

  1. Submission of a User Component deemed obscene by the Company.
  2. It has been identified or an opinion has been delivered by a public institution or specialist (including but not limited to national and local governments; credibility verification organizations designated by guidelines of the Japanese Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders; internet hotlines; and lawyers) expressing that a User Component is of illegal nature; is in violation of public order and morals; or is infringing upon the rights of others.
  3. A claim on the grounds of infringement of rights has been made against a User Component.
  4. The Company has determined that a User Component is infringing upon the copyright and/or any other intellectual property rights of a third-party.
  5. There is a breach or a liability for breach of the provisions of Section 1 of Article 9 (Prohibited Acts).

Article 11 Survival Clauses

Even after termination of these Terms, provisions of Article 7 (Matters to Be Noted for Uploading and Liabilities of the 3D Model Data Uploader), Article 8 (Intellectual Property Rights, etc.), shall remain in full force and effect.

[Precautions for Uploading Avatars] My Vket and Vket Cloud draws the 3D Model Data onto the browser by a technology called WebGL.

We have already encrypted the display of the 3D model, but due to the nature of the Service, it is necessary to upload the model data to memory, thus unauthorized extraction or use of the data by a malicious third party is technically possible, and there is such a risk.

Therefore, when uploading the model data, please use this service at your own risk after sufficiently understanding and considering the above-mentioned risk.

Version: 1
Created: December, 13, 2022
This English version is provided solely for reference purposes. Should there be any discrepancy between the Japanese and English versions, the Japanese version will take precedence.

Terms and Conditions for Vket Event Exhibition [For Individuals]

These Terms and Conditions for Vket Event Exhibition (hereinafter referred to as the “Individual Terms and Conditions”) set forth matters regarding Vket Events (a general term for events used in VR contents on web browsers or VRChat which are operated by HIKKY Co., Ltd. (hereinafter referred to as the “Company”) under such titles as Music Vket, Comic Vket, Game Vket and Virtual Markets; including the service after the change in the event that its service name or contents is changed for any reason.) provided by the Company, use of related programs, software, etc., and accessing viewing, experiencing and using of all CGs, graphics, music, texts, and other information uploaded, downloaded, or viewed using the app under the applicable Individual Terms and Conditions (regardless of whether uploaded by Users or provided by the Company, unless otherwise specified in the Individual Terms and Conditions; for such contents, hereinafter referred to as the “Contents”; for such service, hereinafter referred to as the "Service").

In order to use the Service, a Vket Account is required in advance. The Vket Service General Terms of Use (hereinafter referred to as the “General Terms of Use”) shall apply to matters common to Vket services, including the Service, and matters regarding registration and management of Vket Accounts. Therefore, an Exhibitor is required to agree to all of the Basic Terms of Use, including the General Terms of Use, and the Individual Terms and Conditions. If an Exhibitor does not agree to all the provisions in the Basic Terms of Use, including the General Terms of Use, and the Individual Terms and Conditions, the Exhibitor may not use the Service.

The Individual Terms of Use constitute agreements between the Company and Users regarding the Service, and the terms used in the Individual Terms of Use shall have the meanings defined in the General and Basic Terms of Use, etc., unless otherwise specified. The Individual Terms of Use are individual terms and conditions under the "General Terms of Use" that apply to all services provided by the Company, and these Individual Terms of Use shall be excluded from application in these Individual Terms of Use. With regard to matters not stipulated in the Individual Terms of Use, provisions in guidelines, etc. (hereinafter referred to as the “Rules”) provided by the Company in the Individual Terms of Use, as well as the General Terms of Use, unless their application is excluded under the Individual Terms of Use, shall apply.

By clicking "Agree" to the Terms of Use, it is deemed that an Exhibitor understands and agrees to all the contents of the Basic Terms of Use, including the General Terms of Use and each individual terms of use or terms and conditions.

An Exhibitor shall comply with the Basic Terms of Use, including the General Terms of Use, the Individual Terms of Use, and the Rules provided by the Company. In the event that the Company determines that there is a violation or a possibility of violation, the Company may immediately take measures such as suspension/restriction of use, cancellation/deletion of an account, and other measures deemed necessary by the Company. The Company shall not be held liable or responsible for any damages, etc., incurred by Users and their related parties that may arise as a result of such measures.

Exhibition is possible by completing all of the following three procedures: "exhibition application", "acceptance of such exhibition application by the Company", and "Transmission of the Contents Data to the Space". Please note that a User may not be able to exhibit unless all the procedures are completed.

Article 1 Definition

  1. An “Exhibitor” means an individual who applies for an exhibition at the applicable Vket event and transmits the Contents Data to the Space under the Company's approval.
  2. “Circle” means a group (including a single member group) consisting of individuals applying for exhibition.
  3. “Distribution Goods” means creative works (including free distribution) that are exhibited and sold in the Space.
  4. "Submission" means the transmission of data that constitutes content for the promotion and exhibition of Distribution Goods in spaces and event websites, such as videos, sounds, images, 3D models, their linked URLs, and scene setting data for setting them up in virtual space.
  5. “Space” means the place where the data submitted by the exhibitor is installed and displayed in the virtual space.
  6. “Vket Account ” means a common ID that can be used as the identity verification means or authentication means in relation to use of or subscription for services or applications corresponding to Vket Account provided by the Company.

Article 2 Exhibitor Qualification

Exhibitors shall meet the following qualifications: provided, however, that the Company may, at its discretion, refuse to accept an Exhibitor's application or cancel an Exhibitor’s exhibition if the Company deems it reasonable, even if the Exhibitor meets the following qualifications:

  1. Exhibitors should have completed compulsory education.
  2. If the exhibitor is underage, the legal representative (such as parental authority) of the exhibitor shall understand the Individual Terms of Use and shall agree to the Terms to exhibit. When underage individuals exhibit, the agreement from the legal representative is deemed to be properly made.
  3. Being an individual (including circles, game studios, etc.; the same shall apply hereinafter. *As a general rule, corporations or enterprises may not exhibit in the Spaces open to the regular exhibitors, but may be allowed to participate as "individuals" if they meet certain criteria. (For example, if they are startups within one (1) year from their foundation.)). Please contact the Company from here for exhibition for corporations/enterprises.
  4. When the Event is held on VRChat, being a VRChat player and comply with VRChat Terms of Service;
  5. Exhibitors have an ability to read and communicate in either Japanese or English.
  6. The specified file can be created and submitted for uploading to the Space.
  7. Exhibitors shall understand and agree to all the provisions in the Basic Terms of Use, including the General Terms of Use, and the Individual Terms and Conditions.
  8. Distribution Goods shall be either of the following:
Event Works that can be exhibited
Comic Vket "Doujin works" (self-publishing works) created in digital data or paper media
Game Vket Self-made "digital game works" that run on PCs and various devices, etc.
Music Vket "Music works" that are sold in digital downloads or by mail order in forms of media such as CDs
Virtual Market 3D models, materials, tools, applications, etc. that are intended for use in VR space

Article 3 Requirements for Exhibiting Works

  1. Any items relevant to the following lists shall not be exhibited or distributed in the EVENT. In the event that the exhibitor is in breach of any of the following, the Company may modify or remove the relevant works or spaces without any notice.
    1. Adult contents, obscene contents, child pornography, or contents that fall or are likely to fall under child abuse, and other relevants;.
    2. Any items that infringe or may infringe on patent right, design right, trademarks, copyrights, other intellectual property rights, portrait right, privacy right, and other rights for the third parties or the interests.
    3. Any contents that offend certain individuals and/or groups, are malicious, or inspire a feel of repugnance. (Eg. Defamation, racial/ethnic discrimination, religious violence, damage to honor and/or credit, etc.).
    4. Any contents that are in breach of laws, local ordinance, rules, administrative guidance, or public order and morality in Japan or Exhibitors’ country of residence;
    5. Those who are in breach of the terms of each platform where the EVENT is held.
    6. Anything else the Company determines to be obstructive to the execution of the EVENT or is inappropriate for operation at the EVENT.
  2. With respect to the so-called “fan arts”, it may not be exhibited or distributed except in the case where the exhibitor can judge at the exhibitor’s own risk that it complies with laws and regulations, etc. pursuant to the terms, guidelines or statements, etc. concerning the fan arts of an organization or an individual which/who retains the intellectual property right of the work which is the original source of the fan arts. The Company is not, in any sense, obligated to confirm or judge the legality of exhibited work. Even upon the Company’s approval of an application for exhibition, it may not be deemed that the legality of the exhibited work has been confirmed.

Article 4 About Postponement and Cancellation of the EVENT

  1. In the event of difficulty of holding the EVENT by the fixed date, the Company may postpone, change, shorten, and /or cancel the date based on the judge at its discretion.
  2. In the event of force majeure (which means any reasons attributed to third parties, suspension or interruption, etc. of External Services, natural disasters, power outages, fires, cyberattacks, epidemics, infectious diseases and all the other circumstances where the Company does not have any reasonable control. The same shall apply hereinafter.), the Event may be forced to be subject to cancellation.

Article 5 Agreements on Exhibition and Exhibition fee

  1. Exhibitors may not choose the position of the space. The placement shall be determined by the Company taking into account the genre of the Exhibited Work, etc.
  2. With respect to photos (images), pictures (videos), songs and sounds, etc. in the venue in preparation for or during the EVENT, the Company may sometimes use them in various media such as broadcasting, publication or Internet, or permit use of them by media or individual streamers for the purpose of advertising/publicity of the EVENT. In addition, the Company will permit the posting to social media or blogs, etc. and video streaming by the visitors. Therefore, there are cases in which exhibiting Spaces and/or sound (including contents) may be reflected in those or otherwise presented, and exhibitors shall not dispute this matter for any reason. Please understand in advance.
  3. If exhibitors are found by the Company to behave offensively or annoyingly towards visitors and other exhibitors before, during, or after the EVENT period, the Company may request the improvement of said behavior(s) and/or cancel the exhibition of the exhibitor or reject the exhibition application of the exhibitor for any following events.
  4. Due to unexpected specification changes, unknown bugs on each platform, and/or any other unforeseen circumstances, there is a possibility that the exhibit may be set up with incomplete Space functionality. Please understand in advance.
  5. The Company may suspend a part or the whole of the EVENT, cancel, or terminate the EVENT in the event of unavoidable functional and technical issues or maintenance due to the malfunctions of the EVENT equipment, etc. without needing prior notification to or agreement from exhibitors.
  6. The Company may use articles Submitted by the exhibitors such as the content introducing the work, including jacket image, POP image, menu image, promotional video, audio sample source or sales link URL, etc. for advertising and promotion of the Event (including every kind of utilization such as reproduction, copying, alteration or sub licensing to a third party).
  7. Each platform has no direct relationship with the content of this event. Please refrain from making inquiries regarding this event to each platform.
  8. In order to exhibit at this event, the exhibitor shall pay to the Company the exhibition fee separately determined by the Company, along with consumption tax, etc., within 7 days after the winner is determined, by the method designated by the Company. If payment is not made within the period, the exhibition may be canceled. In addition, the paid exhibition fee will not be refunded under any circumstances, including the cancellation of the exhibition under each item of Article 6.

Article 6 About Canceling Exhibition

  1. After applying for the exhibition, the cancellation for the EVENT exhibition desired by the exhibitor is not allowed without agreement from the Company.
  2. Notwithstanding the provisions of the preceding paragraph, exhibitors shall notify the Company in the event that the exhibitor needs to cancel the exhibition for unavoidable reasons.

Article 7 Disclaimer

  1. The EVENT is not intended to recommend the quality or performance, etc. of the Exhibited Work and the Company will not be responsible for any Exhibited Work. Any information provided by the exhibitor through the EVENT shall be provided with full responsibility falling to the exhibitor, and the Company makes no warranties with respect to the content etc. Also, regardless of the intent of the exhibitor, the Company shall not take any responsibility for any troubles and/or damages caused by Spaces and/or distribution files.
  2. In the event that a certain space or Distributed Goods is in breach of exhibitor terms or other critical issues are revealed after Submission to the space or during the EVENT, the Company may modify or remove the space in question without any notice to the exhibitor. The Company shall not take any responsibility for any troubles or damages by the modifications and removals.
  3. The Company shall not take any responsibility for the contracts etc., between exhibitors and visitors during the EVENT or after the EVENT.
  4. For any damages to exhibitors, exhibitors’ customers, and/or other relevant persons caused from force majeure (which mean any reasons attributed to third parties, suspension or interruption, etc. of External Services, natural disasters, power outages, fires, cyberattack, epidemics, infectious diseases and all the other circumstances where the Company does not have any reasonable control. The same shall apply hereinafter.) or the agreements defined in article 5 (Agreements on Exhibition and Exhibition Fee), the Company shall not take any responsibility for the compensation with any legal compositions.
  5. Regardless of the legal statement of claim or causes such as liability for default or liability for damages, concerning the EVENT or Terms, the scope of the Company’s liability for damages to the exhibitors shall be limited to ordinary damages actually incurred by the exhibitors, which are caused directly by reasons attributable to the Company (not including the lost profits), and the amount of compensation shall not exceed the amount of monetary profits the Company has actually gained through the EVENT owing to participation in the EVENT by the relevant exhibitor.
  6. In the event that an Exhibitor is a “consumer” stipulated in the Consumer Contract Act and that the Individual Terms and Conditions is found to be a “consumer contract” stipulated in the Act, the provisions under the Individual Terms and Conditions which exempt a part of the Company’s liability to compensate for damages or which give the Company authority to determine the limitation on such liability shall not be applicable when damages, etc. are caused by intentional conduct or gross negligence by the Company.
Version1
Created: December, 13, 2022
This English version is provided solely for reference purposes. Should there be any discrepancy between the Japanese and English versions, the Japanese version will take precedence.

Vket Store Website Terms of Use

Vket Store Website Terms of Use (hereinafter referred to as the “Individual Terms of Use”) set forth provisions about the registration and the use of Vket Store (hereinafter referred to as the “Service”) provided by HIKKY Co., Ltd. (hereinafter referred to as the “Company”) as follows.

In order to use the Service, a Vket Account is required in advance. The Vket Service General Terms of Use (hereinafter referred to as the “General Terms of Use”) shall apply to matters common to Vket services, including the Service, and matters regarding registration and management of Vket Accounts. Therefore, an Exhibitor is required to agree to all of the Basic Terms of Use, including the General Terms of Use, and the Individual Terms and Use. If a registered member (hereinafter referred to as the "Member") does not agree to all the provisions in the Basic Terms of Use, including the General Terms of Use, and the Individual Terms and Use, the Member may not use the Service.

The Individual Terms of Use constitute agreements between the Company and the Member regarding the Service, and the terms used in the Individual Terms of Use shall have the meanings defined in the General and Basic Terms of Use, etc., unless otherwise specified. The Individual Terms of Use are individual terms and conditions under the "General Terms of Use" that apply to all services provided by the Company, and these Individual Terms of Use shall be excluded from application in these Individual Terms of Use. With regard to matters not stipulated in the Individual Terms of Use,, provisions in guidelines, etc. (hereinafter referred to as the “Rules”) provided by the Company in the Individual Terms of Use, as well as the General Terms of Use, unless their application is excluded under the Individual Terms of Use, shall apply.

By clicking "Agree" to the Terms of Use it is deemed that a Member understood and agrees to all the contents of the Basic Terms of Use, including the General Terms of Use and each individual terms of use or terms and conditions.

A Member shall comply with the Basic Terms of Use, including the General Terms of Use, the Individual Terms of Use, and the Rules provided by the Company. In the event that the Company determines that there is a violation or a possibility of violation, the Company may immediately take measures such as suspension/restriction of use, cancellation/deletion of an account, and other measures deemed necessary by the Company. The Company shall not be liable or responsible for any damages, etc., incurred by Users and their related parties that may arise as a result of such measures.

Article 1 Definition of Terms

  1. “The Service” means all the Internet-based digital data sales platforms and the associated services provided under the name of “Vket Store” by the Company.
  2. “The Member” means an individual who has registered the necessary information for the continuous use of the Service and who has been approved by the Company. To purchase the Contents of the Service, the registration as a Member is required.
  3. “Shop Function Registered Member” means the Member who has opened his/her own shop by using the Shop Function of the Service.
  4. “The Registered Information” means information of the Member, which the Member has provided to the Company.
  5. “The Content” means to modeling data of avatars, accessories, and other items and other digital data to be sold by a Shop Function Registered Member of the Service to the Member.
  6. A “Child Item” means a derivative work created by a Shop Function Registered Member, when registering self-made Contents, by adapting the Contents in whole or in part. The original work shall be referred to as the "Parent Item", and the Parent Item and the Child Item together shall be referred to as the "Related Items".
  7. A “Customer” means a Member who has purchased the Contents in the Service.
  8. A “Collaboration Setting” means a setting in which, when a Shop Function Registered Member registers Contents created by two or more Shop Function Registered Members, including himself/herself/itself, sales of such Contents are divided among the two or more Shop Function Registered Members on behalf of relevant parties only when a necessary and appropriate agreement has been reached in advance among the relevant parties. Collaboration Settings may be made in accordance with the method predetermined by the Company, and the Shop Function Registered Member who has made such settings on behalf of other relevant parties shall be referred to as the "Representative for Collaboration Setting".
  9. “Exchanging” means a measure in which the Company exchanges the Contents with a defect-free Contents in the event that there is a defect in the Contents, that a Customer requests a return according to the method predetermined by the Company, and that the Company approves such a measure. A measure in which the Company pays money in such circumstances shall be referred to as the “Refunding”.
  10. "Third Party Services" mean services or platforms provided by other business operators (including, but not limited to, Google, Apple, Microsoft, Valve, VRChat, and YouTube) and used to run the Service predetermined by the Company.

Article 2 Overview of the Service

  1. Shop Function Registered Members can register and sell their own Contents through the Service.
  2. The Members can use the Contents by purchasing and downloading them through the Service.
  3. Obtaining the Account of the Service and registering of the Content as specified in the Article 5 by a Shop Function Registered Member shall be deemed to represent that the sales agency service by the Company for the Content through the Service has become effective.

Article 3 Application of the Terms of Use

  1. The Terms of Use have been established to stipulate all the relationships regarding the use of the Service and shall apply to all matters related to the use of the Service and the Contents.
  2. The Member needs to ensure that he/she has read and agreed to the Terms of Use prior to using the Service. Use of the Service shall be deemed to represent that the Member has understood and agreed the provisions of the Terms of Use.
  3. The rules regarding the use of the Service posted by the Company on the Service, under any name of rules whether it be a guideline or another title, shall constitute a part of the Terms of Use. If any provisions of the Terms of Use contradict or conflict with the explanations or other descriptions on the Service, the provisions of the Terms of Use shall prevail, unless otherwise specified.

Article 4 Changing of the Terms of Use

  1. The Company may add, change or delete the items of the Service and shall also have the right to change the Terms of Use anytime in the future at its own discretion. Regarding such changes, the Members need to periodically check the Terms of Use.
  2. When the Terms of Use have been changed, the Member who continues to use the Service needs to agree to the changed Terms of Use. The Member who does not agree to the revised Terms of Use needs to stop the use of the Service.

Article 5 Registering of the Account

  1. In order to use the Service, a User is required to register a Vket Account . When registering a Vket Account , please comply with the General Terms of Use.
  2. Upon the approval by the Company for the registration of the applicant, the contract on the use of the Service according to the Terms of Use shall be concluded between the Member and the Company.
  3. The Company will not approve the application of registration from an applicant falling under any one of the following subparagraphs, and shall be able to cancel the approval for such an applicant even after the applicant has been registered as the Member. Note that the cancellation by the Company of the registration approval shall not release or discharge the Member from his/her obligation of payment incurred by the use of the Service and any other his/her responsibilities to fulfill the Terms of Use.
    1. In the case that the Content provided by a Shop Function Registered Member is determined to be inappropriate as specified later in the Article 13 (Prohibited Items for Sale).
    2. In the case that the Member violates the Article 18 (Prohibited Matters) to be specified later.
    3. In the case that the Member has been previously subjected to suspension or cancellation of the use of the Service under the Article 19 to be specified later.
    4. In the case that all or a part of the Registered Information provided to the Company has any false statement, error or missing in the contents.
    5. In the case that the Company has determined that the Member is a part of, cooperates, or is involved in the maintenance, operation or management of antisocial forces, etc. through funding or other activities.
    6. In the case that the Member under 18 years old has not obtained the consent or other appropriate approval from his/her legal representative, guardian or assistant. Note that the Company may demand the submission of a document showing such consent, etc. and that the Company may reject the registration even after the submission of such a document.
    7. In the case that the Company has determined that there is a possibility of occurrence of the cases described in the subparagraphs above, or in the case that the Company has determined otherwise as inappropriate.

Article 6 Membership Withdrawal

  1. When the Member wants to withdraw from the membership, the Member shall apply for the withdrawal to the Company according to the procedures specified by the Company.
  2. In the case that the Member conducts any one of the behaviors described in the following subparagraphs, the Company shall be able to have the Member concerned forcibly withdraw from the membership to reject the Member’s use of the Service. i. In the case that the Member violates the Terms of Use, other conditions for use, etc. ii. In the case that the Company determines otherwise as inappropriate.
  3. Note that a Shop Function Registered Member shall not be able to withdraw from the membership if he/she is in the middle of the procedure for the transaction through the use of the Service at the time of membership withdrawal procedure which is made by him/her. In this case, the Shop Function Registered Member shall be able to proceed to the withdrawal procedure after the procedure for the transaction has been established as a transaction concluded or a transaction rejected in accordance with the Terms of Use.

Article 7 Purchasing of the Content

  1. When purchasing a Content of the Service, the Member shall follow the method of transaction, the method of payment and the deadline for payment as specified below.
    1. Method of placing of an order: Restricted to a transaction on the website
    2. Method of payment: Payment by credit card or PayPal
    3. Deadline of payment: Advance payment
  2. Price of the Contents is indicated for each Content on the product page and on the payment settlement page.
  3. The contract of transaction of the Content concerned shall be deemed to be concluded at the time when the specific purchase procedure for the Content on sale is completed by the Member. The Member shall not transfer to a third party, provide as security, or make other dispositions of any rights and/or obligations under the transaction contract.

Article 8 Related Items

  1. A Shop Function Registered Member, when he/she registers the Content created by himself/herself, can set a license to allow the Content concerned to be used as a Parent Item of a Child Item. Note that the Content to be registered as a Child Item in the application submitted is not allowed to be set as a Parent Item. When setting the Item created originally as a Parent Item, it is necessary to set the following conditions.
    1. “Return ratio” means the rate of the amount of money to be returned to a registrant of a Parent Item for each Child Item sold. When setting the Content created as a Parent Item, it is necessary to set the return ratio between 0% and 30%.
    2. “Review of a Child Item” means the review conducted by the registrant of a Parent Item as to whether the Content concerned is regarded as a Child Item, when a registrant of a Parent Item receives the application of registration from a Shop Function Registered Member to use the Content on sale as a Child Item of the registrant’s Parent Item. The registrant of the Parent Item can select: either the registrant performs a review of whether the Content concerned is regarded as a Child Item; or the registrant approves the Content concerned as a Child Item at the same time as the application of registration is submitted.
  2. A Shop Function Registered Member, when registering the Content created by himself/herself, can register the Content concerned as a Child Item by designating a Parent Item.
    1. In the case that a registrant of the designated Parent Item has activated the setting to approve any registration application submitted for the Content as a Child Item without conducting judgment, it shall be deemed that the registrant of the Parent Item has provided the registrant of the Child Item with a license to use the Parent Item within the Service at the time of submission of registration application for the Content as the Child Item. The Child Item concerned will be immediately registered as the Related Item and will be displayed on the Parent Item sales page as the Related Item.
    2. In the case that a registrant of the designated Parent Item has activated the setting to conduct judgment to determine whether the Child Item applied for the registration falls under the Child Item of the Parent Item, the registrant of the Parent Item receives a message to notify the submission of the registration application for the Child Item. The registrant of the Child Item can start selling regardless of the judgment status concerned; however, the registration as the Child Item will be temporarily suspended. At the time when the registrant of the Parent Item approves the registration of the Child Item as the Related Item, the registrant of the Parent Item shall be deemed to grant the registrant of the Child Item a license to use the Parent Item within the Service. The Child Item concerned will be immediately registered as the Related Item and will be displayed on the Parent Item sales page as the Related Item.
  3. After a Child Item is on sale and it is sold, a part of the amount of sales, which is determined according to the return ratio specified by the registrant of the Parent Item in advance, will be paid to the registrant of the Parent Item. The amount of money to be returned is calculated by multiplying the return ratio specified by the registrant of the Parent Item in advance with the amount after subtracting the sales agency commission for the Service from the amount of sales for the Content. In this calculation, the fractions shall be treated as the amount to be paid to the seller of the Child Item.

Article9 Collaboration Setting

  1. A Shop Function Registered Member may configure a Collaboration Setting in accordance with the method predetermined by the Company when registering Contents created by two or more Shop Function Registered Members, including himself/herself/itself.
  2. When making a Collaboration Setting for the Content, the persons concerned must make a necessary agreement appropriately in advance and then set the following conditions when registering the Content. The Company has the right to take any actions the Company deems necessary, such as making inquiries about setting items, to Shop Function Registered Members concerned as well as the Representative for Collaboration Setting, but shall not assume any obligation for the Collaboration Setting.
    1. Persons eligible for collaboration
      Persons eligible for collaboration is a Shop Function Registered Member who will receive a share of the sales proceeds directly from the Company when the Content with the Collaboration Setting is sold.
    2. Return ratio
      Return ratio is the rate of the amount of money to be distributed to the Persons eligible for collaboration when the Content with the Collaboration Setting is sold.
  3. After the Content with the Collaboration Setting is on sale and it is sold, a portion of the sales, determined by the Return ratio specified in advance by the Representative for Collaboration Setting, will be paid to the Persons eligible for collaboration. The amount of money to be returned is calculated by subtracting the Sales Agency Commission for the Service from the sales of the Content, then multiplying the remainder by the Return ratio specified in advance by the Representative for Collaboration. In this case, any fractions after the decimal point will be rounded down.
  4. The Company may distribute the sales of the Content upon deeming the Persons eligible for collaboration and the Return ratio specified by the Representative for Collaboration Setting as appropriate. The Company shall not bear any responsibility for any error or propriety of the said Setting and shall not assume any obligation to conduct its own investigation or confirmation concerning the said Setting.

Article 10 Handling of the Content with a Defect, etc.

  1. All purchases of Contents are final and may not be returned. However, if the purchased Content is damaged, the description of the Content and the downloaded Content are clearly different, or otherwise there is a defect in the purchased Content, the Company may take such measures as Exchanging or Refunding for the Customer only when the Customer request return in accordance with the method predetermined by the Company and when the Company approves it. In the event that the Company decides to solve the issue with Exchanging, the Shop Function Registered Member who sold the relevant Content shall provide the Company with the Content without any defects.
  2. When the Company handles the matter by Exchanging, the Shop Function Registered Member who sold the Content concerned shall cooperate with the Company for providing the non-defective Content. And when the Company handles the matter by Refunding, the Company may demand the payment of the amount of refunding concerned to the Shop Function Registered Member concerned and the Shop Function Registered member shall comply with the demand. Also, when a Child Item sold is handled by Refunding, the Company may demand the payment of the amount of refunding concerned to the registrant of the Parent Item and the Shop Function Registered Member who is the registrant of the Parent Item shall comply with the demand.
  3. In the case that a defect in the Content is caused by equipment, software, or other environment on the side of the customer, the Company will not handle the matter by Exchanging or Refunding. Even in such a case, the Shop Function Registered Member who provided the Content concerned shall provide support to the customer concerned as much as possible.

Article 11 Sales Agency Commission for the Service

  1. The Sales Agency Commission for the Service shall be 4.9% of the amount of sales (including the consumption tax) of the Contents registered by a Shop Function Registered Member.
  2. A Shop Function Registered Member shall grant the Company the right to receive as a proxy the amount paid by Customer. The Company shall receive the amount equivalent to the payments by the Customer from settlement agents (including PayPal etc.) according to the right to receive as a proxy.
  3. A Shop Function Registered Member shall grant the Company the right to receive as a proxy the amount of return to be paid for Child Items sold and the Content with Collaboration Setting sold.
  4. The payments shall be settled by the payment settlement contractor designated by the Company. If the payment settlement contractor has separately presented the payment settlement rules, etc., the provisions of those rules shall be complied with.
    JCB 加盟店規約
    JCB 加盟店特約
  5. The amount calculated by subtracting the Sales Agency Commission from the sales amount of the Content registered by a Shop Function Registered Member and the amount of money to be returned shall be treated as the amount of sales that has not been transferred until the application for transfer is made. The Company shall transfer the amount calculated by subtracting the bank transfer fee from the amount applied to the bank account designated by a Shop Function Registered Member by the last day (or on the next business day if the date of transfer is a bank holiday) of the second month following the month of the application.
  6. The deadline for the application for transfer shall be the last day of the month three months after the month in which the amount of sales that has not been transferred occurred. Amounts for which the application for transfer has not been completed even after the said deadline for the application, the Company may deem that the application for transfer was made in the month of the said deadline for the application. In such a case, the Company shall be able to transfer the amount to the bank account designated by a Shop Function Registered Member by the last day of the second month following the month in which the application for transfer is deemed to be made according to the preceding paragraph.
  7. A Shop Function Registered Member shall pay the consumption tax and other appropriate taxes to be imposed on the Contents.
  8. If a bank transfer is not completed successfully even though the Company has completed the procedures for a bank transfer according to the Article 11-5, the Company shall notify a Shop Function Registered Member concerned to that effect in such manner as the Company deems appropriate. If, after sending such notice, the Shop Function Registered Member concerned does not take necessary measures (including, but not limited to, confirmation and correction of his/her account information) and notify the Company to that effect within a time limit for the application for transfer specified in the Article 11-6, or if the transfer made according to the Article 11-6 is not completed successfully, the Company may deem that the Shop Function Registered Member concerned waived his/her right to claim payment of the amount of sales that has not been transferred.

Article 12.Representations and Warranties for the Content

  1. Regarding the Content registered by a Shop Function Registered Member and the result of posting or disclosing of the Content, a Shop Function Registered Member shall assume the responsibilities by himself/herself, and confirms, represents and warrants that:
    1. he/she is the creator and owner of the Content; or
    2. he/she has the license, the right, the consent, the permission and other appropriate authority to use and distribute the Content as needed to the users of the Service.
  2. Regarding selling of the Content and using of the Content expected by the Terms of Use, a Shop Function Registered Member confirms, represents and warrants that:
    1. he/she does not violate or misappropriate any copyrights, trademarks, patents or other intellectual property rights, privacy rights, publicity rights, ownerships and other rights of a third party;
    2. he/she does not violate, damage the privacy of other people or defame other people;
    3. when selling items, he/she complies with the Specified Commercial Transaction Act, the Act against Unjustifiable Premiums and Misleading Representations, the Unfair Competition Prevention Act, the Trademark Act, the Copyright Act and other appropriate acts and ordinances; and
    4. when selling items, he/she does not sell any goods that he/she does not actually intend to sell, does not sell any items whose product descriptions are insufficient for the correct understanding of the Content or whose product descriptions can lead to confusion, or does not sell without providing sufficient explanations, etc.
  3. A Shop Function Registered Member involved with the Content with Collaboration Setting (including a Representative for Collaboration Setting and a Persons eligible for collaboration) confirms, represents and warrants all items specified in the Articles 12-1 and 12-2.

Article 13 Prohibited Items for Sale

A Shop Function Registered Member shall not sell the Contents described below. Note that the Company judges whether the item falls under any one of the items described in the following subparagraphs.

  1. The item that can violate other person’s right or interest
  2. The item that violates public order, standards of decency and morals
  3. The item whose transfer or resale is prohibited by the contract or other appropriate agreement for the Content
  4. The item that can be abused
  5. The item whose selling or owning is restricted by a law or an ordinance
  6. The item that the Company determines otherwise as inappropriate

Article 14 Ownership of Rights and Actions to be Taken for Violations

  1. Regarding the Content registered by a Shop Function Registered Member, the copyright and all other rights owned by the Shop Function Registered Member shall belong to the Shop Function Registered Member.
  2. A Shop Function Registered Member shall grant a license to the Company and the contractors individually permitted by the Company to provide the services, promote the use, perform hosting on the server side for improvements of the Service, store, migrate, arrange and duplicate the registered contents.
  3. When posting on the Service any work licensed to a Shop Function Registered Member from a third party who is the owner of the copyright, the trademark right, the design right or other appropriate intellectual property rights of the work concerned, the Shop Function Registered Member concerned needs to take responsibilities for obtaining the permission from the intellectual property right owner concerned and the Company shall not bear any responsibility for that.
  4. If any problem occurs in violation of the preceding paragraphs, the Shop Function Registered Member concerned shall solve the problem at his/her expenses and responsibilities and the Company shall not bear any responsibilities.
  5. When a user of the Service judges that the Content registered to the Service violates the copyright or other rights of a third party, the user concerned can report to the Service about the Content concerned along with the information on the original work.
  6. When a user of the Service suspects that the Content registered to the Service is illegally uploaded to any Internet site or service, the user concerned can report to the Service about the details of the site or the service suspected of violating the rights along with the information on the Content concerned.
  7. When the Company determines that the Content registered to the Service violated the copyright or other rights of a third party, the Company can delete the Content concerned without prior notification.
  8. When the Company suspects that a work owned by a Shop Function Registered Member is illegally uploaded on the Internet, the Company can demand the website or the service suspected of violating the right to investigate, delete the work concerned or take other appropriate measures.
  9. The Company shall not bear any responsibilities for a loss caused to the Shop Function Registered Member or the associated third party due to the deletion or other measures specified in the preceding paragraphs.
  10. The Company can stop or delete the Account of the Member concerned according to the extent of violation by the Shop Function Registered Member concerned.

Article 15 Link to a Service and a Website of a Third Party

  1. The Company may provide a tool which can export the information including the registered contents to Third Party Service. This is provided by a function to link Vket Account of the Service to an account of a Third Party Service or by the implementation of a button of a Third Party Service (such as the "Like" button or a "Share" button). Using any one of these tools by the user of the Service shall be deemed to represent that the user concerned has agreed to forward the information on the Shop Function Registered Member to the Third Party Service concerned.
  2. Third Party Services are not under control of the Company and the Company shall not bear any responsibilities for the use of exported information on Sup Function Registered Members by Third Party Services. The Service may include a link to a website of a Third Party Service. The linked websites are not under the control of the Company and the Company shall not bear any responsibilities for the contents of such websites.

Article 16 Prohibited Matters

The Member shall agree that they will not conduct the following behaviors when using the Service. Note that the Company shall judge whether the Member falls under the following subparagraphs.

  1. Registering, by a Shop Function Registered Member, of the Content that seems to contain an illegal item, a generally offensive item, a pornography, intimidation, defamation, slander, malice, etc. or that is possibly considered as incorrect or otherwise inappropriate.
  2. Sharing, duplicating, publicly posting or distributing the Content of other Shop Function Registered Members without permission.
  3. Accessing to the Service or extracting of data by using a robot, a spambot, a spider, a crawler, a scraper, or other automated means not provided by the Company.
  4. Decrypting of the Contents registered by Shop Function Registered Members by reverse engineering, decompiling, or disassembling.
  5. Finding and plagiarizing arbitrary source codes of the Contents of Shop Function Registered Members and the Service.
  6. Uploading of any software codes or other similar codes to obstruct or try to obstruct the operation of the Service such as uploading, receiving of the Service and the operation of hardware by other Members.
  7. Trying to collect the personal information of other Members or a third party without obtaining consent.
  8. Insisting of a false affiliation by impersonating an individual or group.
  9. Posting of product descriptions, thumbnail images, etc. on a sales page or other pages that fail to represent details or realities of the Content accurately or are misleading.
  10. Selling, by a Shop Function Registered Member, of the Content whose registration is prohibited in the Service.
  11. Conducting fictitious transactions.
  12. Conducting any behaviors to obstruct the operation of the Service and other services provided by the Company, or any behaviors to damage the Company’s trust, fame, etc.
  13. Other behaviors that the Company determines as inappropriate.

Article 17 Measures to Stop the Use and Compensation for Damages

  1. If the Company determines that the Member falls under any one of the following subparagraphs, the Company can stop the use of the Service, cancel the contract of use, or take other necessary measures for the Company, without any prior notice or demand to the user concerned. Note that the Company determines whether the Member falls under any one of the following subparagraphs.
    1. In the case that a Shop Function Registered Member has violated the Article 13 (Prohibited Items for Sale),
    2. In the case that the Member has violated or the Company has determined that the Member is likely to violate Article 16 (Prohibited Matters).
    3. In the case that the Member has received a criminal penalty, etc. due to violation of law, ordinance, etc.
    4. In the case that a third party has filed a complaint, claim, etc. with the Company regarding the use of the Service by the Member and the Company has approved the necessity.
    5. In the case that the Member belongs to, falls under, or is involved in antisocial forces such as an organized crime group.
    6. In the case of violation of the Terms of Use other than the cases described in the preceding subparagraphs.
    7. In other cases where the Company has determined as necessary.
  2. In the case that the Company has determined that the Member falls under or is likely to fall under any one of the provisions of the preceding subparagraphs, or in the case that a third party has filed a complaint, claim, etc. to the Company regarding the use of the Service by a Shop Function Registered Member and the Company has approved the necessity, the Company can demand the Member concerned to cooperate in the investigation and the Member concerned shall cooperate in this.
  3. In the case that the measure to stop the use has been taken, the Member concerned shall forfeit the benefit of time, and all the debts that have occurred as of the time concerned, regardless of the title, to the customers who have transactions with the Shop Function Registered Member concerned and to the Company shall be paid in a lump sum.
  4. In the case that the Company has suffered any damage because the Member falls under any one of the subparagraphs of the Article 19-1, the Company can claim compensation of the incurred damages to the Member concerned, regardless of whether the measure to stop the use has been taken or not.
  5. The Company shall not bear any responsibilities for the damage caused to the Member due to the stop or termination of the use of the Service.
  6. Any questions or complaints about the measure taken for the Member to stop the use shall not be accepted.

Article 18 Disclaimers

  1. The Company shall not guarantee that a Shop Function Registered Member will obtain a certain amount of sales through the use of the Service.
  2. A Shop Function Registered Member shall backup the necessary information for the sales of his/her own Contents on his/her own responsibilities during the use of the Service. The Company shall not bear any responsibilities for any loss or missing of the information concerned.
  3. The Member shall check the user manuals presented on the website by the Company when using the Service on his/her own responsibilities and the Company shall not bear any responsibilities for any damage, etc. caused by an error made by the Member.
  4. Any troubles caused between a Shop Function Registered Member and a Customer or a third party or between Shop Function Registered Members shall be handled and solved under the responsibilities of the Shop Function Registered Member(s) concerned and the Company shall not bear any responsibilities.
  5. The Company shall not guarantee that the Member will not suffer damage from a computer virus, harmful program, etc. during the use of the Service.
  6. The Company shall not guarantee the operability of any equipment and software used by the Member during the use of the Service.
Last updated; December, 13, 2022
This English version is provided solely for reference purposes. Should there be any discrepancy between the Japanese and English versions, the Japanese version will take precedence.

Notation based on the Specified Commercial Transaction Act

Service Provider Name

HIKKY Co., Ltd.

Address

Mitomi Building 4F, 1-20-22 Ebisu Shibuya-ku, Tokyo, 150-0013, Japan

Representative

Representative Director, Yasushi Funakoshi

Contact Information

hikky.info@hikky.life

Phone Number

03-6277-3906

Service Details

Digital contents sales agency service This website offers the service to provide a place where members registered to this website can sell the products produced by themselves. We are not concerned in any commercial transactions concluded between a member who sells his/her product and a member who purchases the product. As stipulated in the Website Terms of Use (Article 17,18, etc.), members concerned shall handle inquiries, discuss and solve troubles such as complaints about the details of the product provided in the commercial transaction.

Method of Selling

Online

Selling Price

Price (including consumption tax) determined by the member who sells the product. Please see the details of products registered.

Method of Payment by Purchaser

Payment settled by credit card, PayPal

Deadline of Payment by Purchaser

Payment is settled upon purchasing. Please confirm your credit card company for the date of billing.

Delivery of Product

Immediately after the payment settled by credit card or immediately after the completion of appropriate procedures

Service Provision Cost

Commission for the price which is set by a seller stipulated in the Article 11 of Website Terms of Use

Method of Payment of Service Provision Cost

Automatically deducted upon the payment settled by a purchaser’s credit card, etc.

Time of Payment of Service Provision Cost

At the time of conclusion of a commercial transaction between a seller and a purchaser

Time of Service Provision

Immediately after the completion of appropriate procedures

Method of Handling of Refunds

Refunds are not provided due to the nature of this service.
In the case that a product is not downloadable, we will investigate and determine whether the charge concerned should be canceled. In this case, the deadline to accept the refund of a product shall be within 10 days after purchasing.

This English version is provided solely for reference purposes. Should there be any discrepancy between the Japanese and English versions, the Japanese version will take precedence.

Vket Crew Service Terms of Use

The Vket Crew Service Terms of Use (hereinafter referred to as the “Individual Terms of Use”) set forth provisions, between HIKKY Co., Ltd. (hereinafter referred to as the “Company”), creators, engineers and collaborators of various Vket Events of the Company (hereinafter referred to as “Users”), regarding the use of the Vket Crew service (hereinafter referred to as the “Service”), and constitute agreements between the Company and Users. Users are requested to read the entire text carefully before agreeing to these Individual Terms of Use.

In order to use the Service, a Vket Account is required in advance. The Vket Service General Terms of Use (hereinafter referred to as the “General Terms of Use”) shall apply to matters common to Vket services, including the Service, and matters regarding registration and management of Vket Accounts. Therefore, a User is required to agree to all of the Basic Terms of Use, including the General Terms of Use, and the Individual Terms and Conditions. The Individual Terms of Use constitute agreements between the Company and Users regarding the Service, and the terms used in the Individual Terms of Use shall have the meanings defined in the General and Basic Terms of Use, etc., unless otherwise specified. The Individual Terms of Use are individual terms and conditions under the "General Terms of Use" that apply to all services provided by the Company, and these Individual Terms of Use shall be excluded from application in these Individual Terms of Use. With regard to matters not stipulated in the Individual Terms of Use, provisions in guidelines, etc. (hereinafter referred to as the “Rules”) provided by the Company in the Individual Terms of Use, as well as the General Terms of Use, unless their application is excluded under the Individual Terms of Use, shall apply.

Users may not use the Service if they do not agree to all provisions in the Basic Terms of Use, including the General Terms of Use, and these Individual Terms of Use.

By clicking "Agree" to the Terms of Use or browsing, entering downloading, installing or using the Service, it is deemed that an Exhibitor has understood and agrees to all the contents of the Basic Terms of Use, including the General Terms of Use and each individual terms of use or terms and conditions.

A user shall comply with the Basic Terms of Use, including the General Terms of Use, the Individual Terms of Use, and the Rules provided by the Company. In the event that the Company determines that there is a violation or a possibility of violation, the Company may immediately take measures such as suspension/restriction of use, cancellation/deletion of an account, and other measures deemed necessary by the Company. The Company shall not be liable or responsible for any damages, etc., incurred by Users and their related parties that may arise as a result of such measures.

Article 1 Definition

  1. “Service” collectively means services that provide information, regarding business operations, etc.,the Company desires to entrust or outsource, with or without charge, on the website and related applications operated by the Company as well as by email services and the like, or any other relevant services. “Service” targets those who have reached the working age stipulated in the Labor Standards Act, etc.
  2. “Users” mean persons who apply for use of the Service and to whom the Company has accepted the application and started providing the Service. Users shall be deemed to have accepted all of these Terms and the “Vket Crew Privacy Policy” at the time when they registered with the Service or started using the Service. Manifestation of intention of non-acceptance shall be acknowledged only by not registering with the Service or not using it.
  3. “Vket Account ” means a common ID that can be used as the identity verification means or authentication means in relation to use of or subscription for services or applications corresponding to Vket Account provided by the Company.

Article 2 Use of the Service

  1. Those who desire to use the Service (hereinafter referred to as the “Registration Applicants”) may, subject to consent to compliance with these Terms and various rules stipulated by the Company, apply to the Company for registration of use of the Service.
  2. Notwithstanding the provision of the preceding paragraph, if Registration Applicants fall under any of the events set forth in the following, they shall be prohibited from applying for registration of use of the Service.
    1. When the Company determines that the Registration Applicant is an anti-social force, etc., (meaning an organized crime group; a member of an organized crime group; a person for whom less than five (5) years have elapsed since they have stopped being a member of an organized crime group; a quasi-member of an organized crime group; a company involved with an organized crime group; a corporate racketeer, etc.; a violent social movement, etc. racketeer; a crime group specialized in intellectual crimes; or any other persons equivalent thereto; the same shall apply hereinafter), or that a Registration Applicant has certain interaction or involvement with anti-social forces, etc., cooperating in or being involved with the maintenance, operation, or management of anti-social forces, etc., through the provision of funds or otherwise.
    2. When registration of use of the Service or other services provided by the Company was rejected or rescinded in the past, or any other cases where the Company deems the registration is not appropriate.
  3. Upon becoming able to use the Service, the user registration of the Registration Applicant shall complete and a contract pertaining to use of the Service in accordance with these Terms (hereinafter referred to as the “ Contract”) shall be formed between the User and the Company. Users shall promptly submit the following documents if requested by the Company.
    1. Identity verification documents to identify and/or confirm identity of a User such as name and address
    2. A residence card or a work qualification certificate, etc., to confirm the resident status
    3. If a User is any of a minor, an adult ward, a person under curatorship or a person under assistance, a written consent of the statutory agent, guardian, curator, or assistant
    4. Any other certification documents required to be submitted by the recruitment staff
  4. The Company may occasionally provide Users with information on the content, function or utilization, etc., of an individual service managed and/or operated by the Company based on a discretionary judgment of the Company’s person in charge in the context of registration information, etc., and the Service usage history of Users (including, but not limited to, viewing of the website related to the Service; application history; contact history from the Company; the process, mode, or the status of success or failure of job seeking activities through the Service).
  5. The Company will collate the application content received from a User and the Company’s desired conditions; however, it may not convey selection standards or reasons of judgment, etc. In addition, applications are not always treated in order of arrival, and even when the Company accepts a User’s application, the Company may sometimes notify the User that it will not offer a job or employment, or that the User fails to meet the conditions as a result of judgment based on the Company’s selection standards, etc.
  6. The Company may, at its discretion, change the content and/or conditions, etc., of jobs to be informed in the Service at any time; or discontinue, terminate, or resume recruitment.
  7. Users shall, for acceptance of jobs consigned by the Company, separately conclude an agreement prescribed by the Company concerning the content of the job or conditions, etc. If such agreement is not promptly executed, the Company may rescind the User’s application or will not place an order for the job.

Article 3 Prohibited Matters

  1. Users shall be prohibited from conducting acts that fall under any of the following when using the Service.
    1. Acts of providing false or incorrect personal information to the Company
    2. Acts of defaming, slandering, or insulting other Users, the Company, or any related persons involved with the business of the Company (hereinafter referred to as the “Related Persons”)
    3. Acts that infringe or threaten to infringe intellectual property rights, portrait rights, rights of privacy, honor, other rights or interests of the Company, other Users, external business operators, or any other third parties
    4. Acts of using information obtained through the Service for the purposes other than consignment of business activities or job seeking activities, or acts of divulging or disclosing such information to third parties without the Company’s consent
    5. Acts of not attending a recruitment discussion, screening test, or interview without prior communication, or acts of declining the job ordered after accepting it
    6. Acts related to criminal conduct or acts which are contrary to public order and moral
    7. Acts which violate these Terms, laws and regulations (including the Public Offices Election Act and so forth) or acts which violate the internal rules of the Company or an industry organization to which the User belongs
    8. Acts of transmitting information containing computer viruses or other harmful computer programs
    9. Acts of falsifying information that can be used in relation to the Service
    10. Acts conducted by impersonating other Users or third parties
    11. Acts of destroying or interfering with servers or network functions of the Company, other Users, or any other third parties
    12. Commercial activities using the Service without the Company’s permission
    13. Acts that threaten to interfere with operation of the Service or discredit the Company
    14. Any other acts the Company deems inappropriate
  2. The Company may, if it deems that an act by a User in the Service falls or is liable to fall under any of the items in the preceding paragraph, delete all or part of the relevant information or take necessary measures without providing the User with prior notice.
  3. The Company will not take any responsibility for damage incurred by the User due to the measures taken by the Company pursuant to this article.

Article 4 Intellectual Property Rights, etc.

  1. Copyrights, trademark rights and any other intellectual property rights of information relating to the Company’s website or the Service and any other information to be provided to Users pursuant to these Terms shall be vested in the Company or third parties who grant to the Company a license. Users shall not conduct any acts that infringe on the rights of the Company or third parties.
  2. Permission for use of the Service based on registration provided for in these Terms shall not, except for those explicitly specified in these Terms, mean assignment or licensing of intellectual property rights of the Company or third parties who grant to the Company a license for use pertaining to the Company’s website or the Service. Users shall not conduct any acts that are liable to infringe on intellectual property rights of the Company or persons who grant to the Company a license, for whatever reason.
  3. Users shall agree that the Company is entitled to seek an injunction or any other available remedies to exercise, protect, maintain, and preserve the rights that belong to the Company and that the Company has the right to obtain those remedies
  4. This article shall remain effective even after the termination of these Individual Terms of Use.

以上

Version: 2
Created: May 18, 2022
Modified: December, 13, 2022

This English version is provided solely for reference purposes. Should there be any discrepancy between the Japanese and English versions, the Japanese version will take precedence.

Vket Crew Privacy Policy

HIKKY Co., Ltd. (“Company”) has established this Privacy Policy (“Policy”) to ensure the protection of Personal Information concerning users of its Vket Crew Service (“Users ”).

Relationship to Privacy Policy

This Policy constitutes a part of the HIKKY Privacy Policy and, unless provided otherwise herein, this Policy shall apply along with the HIKKY Privacy Policy.

Article 1 Scope of Personal Information

In this Policy, the term “Personal Information” means to the following information directly or indirectly acquired by the Company during the course of the Vket Crew Service based on which Users can be identified, regardless of the medium by which it is obtained: - Information provided on resumes, Curricula Vitae or other information listed (e.g., name, age, nationality, status of residence, telephone number, and email address) - Communications between the Company and Users for selection activities. - Information that can be easily cross-checked with other pieces of information to identify a particular User.

Article 2 Purposes of Use

The Company uses Personal Information concerning Users to provide job information, carry out selection activities, confirm the identification of individuals, review usage records, and provide information on the Company services. For Users who have been accepted and are employed by the Company, the Company will also use Personal Information to notify them of what steps they must take to begin working for the Company and for purposes of managing their work.

Article 3 Provision of Personal Information to Third Parties

The Company may provide Personal Information to third parties only in the following cases: - The Company has obtained the User’s consent to provide their Personal Information to third parties; - Such provision is required by laws or regulations; or - The handling of Personal Information is outsourced in whole or in part.

Article 4 Security Control Measures

The Company takes appropriate security control measures to safeguard Personal Information, concerning Users, against unauthorized access, loss, unauthorized alteration and divulgence.

Article 5 Disclosure, Correction and Deletion of Personal Information

At the request of Users, the Company will disclose, correct or delete their Personal Information in the Company’s possession to a reasonable extent. Please note that the Company is unable to answer inquiries concerning information related to its selection activities since such disclosure would have material adverse effects on the appropriate conduct of business.

Article 6 Revisions

This Policy may be revised by the Company. Upon revision, the Company will publish the revised policy on the website by the method prescribed by the Company and inform the users of the revised policy.

Last updated: August 1, 2022

Contact

If you have any inquiries about this Policy, please contact the following:

HIKKY Co., Ltd.
Ebisu Mitomi Building 4F, 1-20-22 , Ebisu , Shibuya-ku, Tokyo 150-0013
Contact form

This English version is provided solely for reference purposes. Should there be any discrepancy between the Japanese and English versions, the Japanese version will take precedence.

Vket Cloud Engine Terms of Use

Vket Cloud Engine Terms of Use (hereinafter referred to as the“Individual Terms of Use” or “Terms”) set forth provisions, between HIKKY Co.,Ltd. (hereinafter referred to as the “Company”) and customers (hereinafter referred to as the“Subscriber(s)”) and these Individual Terms of Use constitute the terms and conditions of an agreement between the Company and Subscribers with respect to the Engine. Subscribers must read the entire text carefully before agreeing to these Terms.

The Individual Terms of Use constitute agreements between the Company and Users regarding the Service, and the terms used in the Individual Terms of Use shall have the meanings defined in the General and Basic Terms of Use, etc., unless otherwise specified. The Individual Terms of Use are individual terms and conditions under the "General Terms of Use" that apply to all services provided by the Company, and these Individual Terms of Use shall be excluded from application in these Individual Terms of Use. With regard to matters not stipulated in the Individual Terms of Use, provisions in guidelines, etc. (hereinafter referred to as the “Rules”) provided by the Company in the Individual Terms of Use, as well as the General Terms of Use, unless their application is excluded under the Individual Terms of Use, shall apply.

By clicking "Agree" to the Terms of Use or browsing, entering downloading, installing or using the Service, it is deemed that a Subscribers understood and agrees to all the contents of the Basic Terms of Use, including the General Terms of Use and each individual terms of use or terms and conditions.

Article 1 Definition

  1. “Engine” means all of the programs of the client application and server application; embedded unique scripts; source codes; images; videos; 3D models; documents; modifications; copies; upgrades; updates; and additional information constituting Vket Cloud, that are provided to Subscribers. For the purpose of adding functions, improvements, etc., the Company may partially add to or change the Engine at its discretion. The Company does not guarantee that all functions and performance of the Engine before the change will be maintained by such additions, changes, etc.
  2. “Server Environment” means all of the server environment, communication services and network environment supplied by the Company to run the server application part of the Engine.
  3. “Employees” include the corporate officers of Subscribers (in the case that Subscriber is a corporation or other organization), employees (regardless of whether full-time, part-time, fixed-term or indefinite-term employment), contract employees, dispatched employees, part-timers, or any other persons engaged in business with the Subscribers.
  4. “Developed Content” includes all of the applications, games, events, services, etc., that are developed by using all or part of the Engine.
  5. “Publish” means making a Subscriber’s Developed Content, which are developed using the Engine, and any other content derived from using the Engine browsable or available personally; internally; for profit or non-profit; or otherwise, by means of distribution, assignment, broadcasting, advertising, publication, and sharing, etc. The Company reserves the right to determine at its discretion whether an action falls under Publish or not.
  6. “End Users” mean individuals or organizations that ultimately use Developed Content or content derived from use of the Engine.
  7. “Source Code” means a program of the engine in human-readable format, which is included in the Engine, or separately designated by the Company to Subscribers. It includes all modules included in the program of that engine, definition files of related interfaces and scripts to be used for controlling compilation and installation of an executable file (object code).
  8. “Compatible Environment” means the environment of the operating system, hardware and network service or cloud service, etc. (including, but not limited to, desktop personal computers, laptop computers, tablets, mobile devices, head-mounted displays, game hardware, communication devices, internet access devices, various productivity applications, cloud services, entertainment applications, or hardware products that can execute other engine applications) recommended for use of the Engine.
  9. “Feedback” includes ideas, feedback, proposal, materials, information, opinions, or other input from Subscribers to the Company.
  10. “Contributions” mean all or part of various programs (irrespective of whether source code form or object code form) that Subscribers create in relation to the Engine through certain means (including, but not limited to, forum, wiki, source code repository, e-mail or blog), other information or content; provided, however, that programs or content, etc., used by Subscribers together with the Engine in any form which is inaccessible by the Company shall not fall under Contributions.

Article 2 Licensing, etc. of Engine

  1. Subject to Subscribers’ compliance with all terms and conditions herein and to payment of the Company’s prescribed consideration by the due date designated by the Company, the Company will grant to Subscribers a limited, non-exclusive, non-sublicensable, and non-transferable right to use the Engine only for the purpose of publishing Developed Content (hereinafter referred to as the “License”).
  2. If a Subscriber fails to perform consideration provided for in the preceding paragraph or other obligations based on these Terms after the prescribed due date, the Subscriber must pay a default interest calculated at the rate of fourteen point six percent (14.6%) per annum. The transfer fee for payment related to Subscribers’ obligations under these Terms shall be borne by Subscribers.
  3. The Company has the right to release to the public, as the Company’s achievements, the adoption of the Engine by Subscribers.
  4. Subscribers shall, when publishing Developed Content, have an obligation to post the credit logo of Vket Cloud, based on the guidelines, on Developed Content or websites including URL links to the Developed Content.
  5. Subscribers shall, when publishing Developed Content, have obligation to require End Users using Developed Content to agree to the Real Time Communication Service Terms of Use for Developed Content provided by the Company, as well as any Terms of Use separately stipulated by Subscribers in relation to the use of said Developed Content.
  6. Subscribers shall prepare at their expense and on their own responsibility, terminal devices, electronic equipment, communication devices, internet connection, cloud services and the like for using the Engine, excluding the Server Environment prepared by the Company. Communication expenses, etc., to be incurred when Subscribers use the Engine shall be borne by Subscribers.

Article 3 Scope of Application of These Terms

  1. Subscribers may not install the Engine on any Compatible Environments of a third party, or have a third party use the Engine. If a Subscriber allows a third party to use a Compatible Environment in which the Engine is installed, the Subscriber shall require the third party to comply with the provisions of this paragraph and moreover, be liable for its fulfillment.
  2. If a Subscriber executes these Terms on behalf of a corporation, the Subscriber shall represent and warrant that they have the authority to bind such corporation and its Employees to the terms and conditions of these Terms.
  3. Subscribers shall comply with the copyright laws; treaties on the rights of authors and the rights neighboring thereto; laws and regulations relating to other intellectual property rights; and any other laws and regulations in Japan and abroad when using the Engine.

Article 4 Intellectual Property Rights

  1. Copyrights, trademark rights, and any other intellectual property rights of the Engine, as well as all information to be provided to Subscribers under these Terms, shall be vested in the Company or third parties licensed by the Company. The structure and composition of the Engine; and Source Code are confidential information vested in the Company. Subscribers shall not conduct any acts that infringe on the rights of the Company or third parties.
  2. Unless otherwise explicitly provided for in these Terms, licensing of the Engine or entering into these Terms by the Company will not operate as the Company’s permission of or assignment to Subscribers the implementation, utilization, and the like of intellectual property rights of the Engine. All rights which are not explicitly granted to Subscribers shall be vested in the Company. If anything to which a third party owns an intellectual property right is included in the Engine, in data which pertains to the Engine, or in data which is referred by the Engine, Subscribers shall not infringe the said intellectual property right.
  3. Copyrights and other intellectual property rights of Developed Content independently developed by Subscribers shall be held by Subscribers; however, all intellectual property rights, including patent rights and copyright of resource files, Source Codes, binary files, included therein the Engine shall be held by the Company.
  4. The names and logos of VIRTUAL MARKET, Vket, and HIKKY as well as names contained in the Engine or related titles and logos shall belong to the Company.
  5. Subscribers shall agree that the Company is entitled to seek an injunction or any other available remedies to exercise, protect, maintain, and preserve the rights that belong to the Company and that the Company has the right to obtain those remedies.

Article 5 Prohibited Matters

Subscribers shall be prohibited from conducting acts provided in the next paragraphs and below when using the Engine. Subscribers shall be allowed to use the Engine only by the method explicitly permitted by these Terms, unless otherwise provided for in laws.

  1. Except for cases where it is explicitly permitted in these Terms, Subscribers may neither use or reproduce the Engine and relevant materials, such as manuals and help tools, etc., provided incidental to the Engine; port anything to; nor make modifications, porting, adaptations, translations, alterations, etc., to the Engine. In addition, Subscribers may not alter, modify, or delete any descriptions concerning a license included in the Engine.
  2. Subscribers may not distribute or re-distribute the Engine, wholly or in part; provided, however, that a part of any resource files, Source Codes, binary files of and included in the Engine is indispensable for publishing Developed Content, these shall not be deemed as distribution or re-distribution of the Engine.
  3. Subscribers may not attempt to decrypt Source Code of the Engine by conducting reverse engineering, decompiling, or disassembling the Engine.
  4. Except for cases where it is explicitly permitted in these Terms, Subscribers may not lease, sell, sublicense, assign or transfer their rights in relation to the Engine to a third party, or allow copying of any part of the Engine to a Compatibility Environment of another individual or corporation. When a Subscriber outsources operations using the Engine to a third party, the third party is required to directly execute an agreement with the Company.
  5. Except for cases where it is explicitly permitted in these Terms, Subscribers may not assign or transfer to a third party or require a third party to assume the contractual status, rights and obligations granted to Subscribers based on these Terms.
  6. Subscribers may not provide a third party who does not have the License with services, etc., whose content of duties are substitutional use of the Engine such as output service, or any other services equivalent thereto.
  7. Other prohibited matters
    1. Releasing codes or contents of the Engine, wholly or in part, which are included in the Engine, in accordance with any license other than that of the Company.
    2. Deleting, altering, etc., of these Terms; the product identification display; and any displays, codes, and labels pertaining to trademarks, copyright, or ownership, of the Engine.
    3. Using the Engine in order to develop, publish or distribute material that will be illegal under the law of the country in which a Subscriber resides, installs, and/or uses the Engine, especially, to conduct acts such as terrorism; selling and purchasing of illegal drugs; defamation; involvement in child pornography (child pornography, or contents that fall or likely to fall under child abuse, and other relevants), obscenity, prostitution; etc.
    4. Using the Engine in ways that may infringe upon the rights of others.
    5. Any misleading use that may result in appearing to be as a product of the Company or a product officially recognized by the Company.
    6. Conducting acts which interfere with the provision of the Engine or services by the Company; the management and operation of devices, equipment and other facilities required for the provision. Conducting any other acts that defame or are liable to defame the Company.
    7. Breaching the guidelines, related license agreements, etc., for Web browsers or platforms (e.g., Safari, Chrome, iOS, Android, and Windows) applicable to Developed Content.
    8. Reproducing materials provided incidental to the Engine such as the manuals and help tools, wholly or in part.
    9. Usage of the Engine by a Subscriber who is affiliated, or has been in the past, with anti-social forces (any criminal organization, members of any criminal organizations, individuals for whom less than five (5) years have elapsed since they have stopped being a member of any criminal organization, quasi-members of any criminal organizations, companies affiliated with any criminal organizations, corporate racketeers, any violent social movements, criminal organizations specialized in intellectual crimes, or any other groups or individuals equivalent thereto), or a Subscriber who is in cooperation or has involvement in the maintenance, operation or management of any criminal organizations through provision of funds or the like, or a Subscriber whose business activities are recognized to have been substantively controlled by any criminal organizations.
    10. Conducting acts that go against the principle of good faith, including an unjust or false statement in connection with these Terms, or a behavior or statement which may harm the trust relationship between the parties.
    11. Conducting any other acts deemed inappropriate by the Company, such as acts that may go against the public order or good morals.

Article 6 Termination, etc.

  1. The Company may, if a Subscriber (including their Employees) falls under each item below, terminate the whole or part of these Terms and other agreements with them with immediate effect without warning. Even if damages are caused in such an event, the Company will not be required to compensate or indemnify for the Subscriber or their related parties.
    1. When a Subscriber commits a prohibited act stipulated in Article 5 (Prohibited Matters)
    2. When a Subscriber breaches any provisions provided for herein and notwithstanding the demand given to the Subscriber, if the breach has not been corrected within a reasonable period
    3. When a Subscriber unjustifiably damages interests of other customers or clients and so forth of the Company, or when they discredit the Company, hurt the Company’s social prestige or status, or interfere with the Company’s business
    4. When a Subscriber is found to be, or have been, affiliated with anti-social forces, or is found to have or have had a capital relationship, business relationship, or personal relationship, etc. with anti-social forces regardless of the purpose
    5. When a Subscriber is subjected to revocation of license or suspension of business, etc. by the supervisory authorities
    6. When a Subscriber suspends payment or goes into the state of insolvency, or when a bill or a check is dishonored
    7. When a petition for attachment, provisional attachment, provisional disposition, or auction is filed by a third party, or when a Subscriber is subjected to disposition of delinquency in payment of taxes
    8. When a petition for commencement of bankruptcy procedures, commencement of civil rehabilitation procedures, commencement of corporate reorganization procedures, or commencement of special liquidation procedures is filed against or filed by a Subscriber
    9. When a Subscriber adopts a resolution of dissolution, company split, business transfer or merger
    10. When there is a material change in assets or credit standing, whereby it is recognized that performance of obligations under these Terms threatens to become difficult
    11. When a Subscriber inflicts a damage on the Company due to a breach of these Terms, or infringement of intellectual property rights relating to the Engine
    12. When the Company determines the usage of the Service by a Subscriber is against public order and morals or is inappropriate
    13. When a Subscriber, by themselves or through the use of third parties, conducts an act that falls under any of the following
      1. Violent demands
      2. Unjust demands that go beyond the legal liability
      3. Acts of using threatening words and behaviors or violence in relation to transactions
      4. Acts of discrediting the other party or interfering with the other party’s business by spreading rumors or using fraudulent means or force
      5. Any other acts equivalent to the foregoing
  2. If a Subscriber falls under any of the events in each item of the preceding paragraph, the Subscriber shall forfeit the benefit of time with respect to all obligations owed to the Company by operation of law, and shall immediately pay all obligations to the Company.
  3. Even if these Terms are terminated, the Company shall not be prevented from exercising the right to seek damages against the Subscriber.
  4. When these Terms terminate for whatever reasons, Subscribers shall immediately dispose of the Engine and its reproductions, and stop publishing Developed Content and any others derived from use of the Engine.

Article 7 Improvement, etc. of the Engine

The Company may, if deemed necessary, improve, change, add to or suspend all or part of the Engine’s functions at its discretion. The Company does not guarantee that all previous functions and performance of the Engine will be maintained by the said measures, and will not take any responsibility to Subscribers in regard to the measures.

Article 8 Suspension of Provision of the Engine

  1. The Company may, in any of the cases below, suspend the provision of the Engine.
    1. When conducting maintenance or inspection of the Engine
    2. When an accident, including a fire or power outage, occurs
    3. In the event of force majeure (which means any reasons attributed to third parties, suspension or interruption, etc. of External Services, natural disasters, power outages, fires, cyberattack, epidemics, infectious diseases and all the other circumstances where the Company does not have any reasonable control. The same shall apply hereinafter.) occursWhen system failure or network failure occurs
    4. When unavoidable reason in relation to the Company’s business arises
    5. When the Company deems necessary
  2. The Company will not be liable for damages, etc., that have been incurred by Subscribers or their related parties due to the measures in the preceding paragraph.

Article 9 Limited Warranties

  1. The Company is not concerned with the purpose of use of the Engine by Subscribers, and it gives no warranty of performance, compatibility, non-infringement, completeness, absence of errors, fitness for any particular purpose, merchantability, or continuity of the Engine and Developed Content. Even if the performance and functions of the Engine and Developed Content displayed by the Company fail to conform to the purpose of use of Subscribers, the Company will not be responsible for refunding money or providing substitutes.
  2. Even if Subscribers acquire certain information concerning the Engine or other matters from the Company or its related parties, the Company will not provide any warranty beyond the terms and conditions of these Terms to Subscribers.
  3. Subscribers shall investigate at their expense and on their own responsibility in advance whether utilization of the Engine is in breach of laws and regulations of internal rules, etc., of industry groups applicable to Subscribers. The Company will not warrant that utilization of the Engine by Subscribers conform to laws and regulations of internal rules, etc., of industry groups applicable to Subscribers.
  4. The Company will not be liable for damages suffered by Subscribers in connection with the Engine; Developed Content of Subscribers; and other content or acts, etc., of third parties.
  5. The Company will not undertake any obligations or responsibility for the contents other than those clearly set forth in these Terms.
  6. The Company will not guarantee the compatibility or performance in relation to all devices, including Web browsers, platforms (e.g., Safari, Chrome, iOS, Android, and Windows) applicable to the Engine or Developed Content as well as the recommended terminal devices. Subscribers shall understand and agree that a function or expression pertaining to the Engine and Developed Content may not sometimes operate on the applicable Web browser, platform, or device, and that a function or expression pertaining to the applicable Web browser, platform or device may not sometimes operate on the Engine. In addition, when using the Engine via VPN server or certain other servers, the Engine may not perform properly.
  7. If any unexpected error, defect (bug) of the Engine, or a problem relating to compatibility with the applicable Web browser, platform or device is discovered, the Company will disclose information thereon to Subscribers as necessary, and endeavor to modify defects, etc. within the reasonable range; provided, however, that the necessity, timing, method, etc., of provision of information or modification may be determined by the Company based solely on its discretion.

Article 10 Limitation on Liability

  1. Except for remedies that may not be legally excluded or restricted, the Company will not be liable for any losses, damages, claims or expenses, including without limitation, direct damage, extended damage, consequential damage, indirect damage, incidental damage, loss of profits, loss of savings, suspension or damage to business, or all damages based on claims by third parties, to Subscribers with respect to a problem arising out of use of the Engine, directly or indirectly. The total amount of liability to be borne by the Company in any cases where the Company assumes liability due to or in connection with these Terms shall be limited to, regardless of whether it is liability for default or liability for tort, and any other legal cause of the claim and regardless of the reasons, ordinary damages actually occurred to Subscribers due directly to reasons attributable to the Company, and be up to the amount which the Company has actually gained from Subscribers as consideration for licensing of the Engine.
  2. In the event that a Subscribers is a “consumer” stipulated in the Consumer Contract Act and that the Basic Terms of Use is found to be a “consumer contract” stipulated in the Act, the provisions under the Basic Terms of Use which exempt a part of the Company’s liability to compensate for damages or which give the Company authority to determine the limitation on such liability shall not be applicable when damages, etc. are caused by intentional conduct or gross negligence by the Company.

Article 11 Compensation for Damages

  1. If a Subscriber commits a prohibited act stipulated in Article 5 (Prohibited Matters) or if a Subscriber breaches any provisions herein, the Company shall be entitled to claim compensation for damages (including reasonable attorney fees) it suffers against the Subscriber.
  2. A transaction, communication, dispute, and the like that has arisen between a Subscriber and a third party shall be dealt with and resolved on the Subscriber’s responsibility, whereas the Company will not take any responsibility for the matter. If the Company receives any claim relating to the said matter on the grounds of infringement of right or for other reasons, the Subscriber shall immediately indemnify the Company for the amount the Company has paid to the third party based on the claim.

Article 12 Privacy

  1. The Company may occasionally use Subscribers’ information to detect or prevent unauthorized use or unpermitted use, which is not based on an effective license. When activation or registration of the Engine is not performed, or when the Company determines that the Engine has been illegally used or used without permission, the Company may take actions, including suspension of utilization of the Engine; restriction or suspension of functions; and so forth. The Company will not assume liability for damages incurred by Subscribers due to the actions taken by the Company described in this paragraph.
  2. The Company may, based on its judgment, sometimes transmit e-mail to the registered addresses of Subscribers for announcement in connection with the Engine or as a part of service functions.
  3. The Company reserves the right to reprint the content of or a reply to a support request delivered by Subscribers on places open to the public such as a forum, Q&A or FAQ in the form that eliminates privacy or information that can identify an individual.
  4. For details on privacy, please refer to the Company’s Privacy Policy.

Article 13 Feedback and Contributions

  1. Even when Feedback is provided by Subscribers, the Company is not obligated to examine or address the Feedback of Subscribers, regardless of whether an explanatory text, etc. is attached or not, and the Feedback shall not be treated as confidential. Subscribers shall agree that the Company (including its successors and assignees) has the right to use, reproduce, alter, and disclose the Feedback without remunerations to Subscribers or attributiveness, and Subscribers will waive the rights relating to Feedback and not assert them.
  2. Subscribers shall understand and agree that the Company is not obligated to use Feedback provided by Subscribers.
  3. Subscribers shall represent and warrant as follows with respect to Feedback to be provided by Subscribers to the Company. i. That the right relating to Feedback to be provided by Subscribers is owned by Subscribers or Subscribers have the legitimate authority thereto, and no security interest, licensing, or any kind of encumbrance exists. ii. That Feedback to be provided by Subscribers shall not infringe or breach any rights of third parties (including patent rights, copyrights, or other intellectual property rights).
  4. The Company and Subscribers shall determine utilization of Contributions and legal rights thereof through separate consultation.

Article 14 Survival Clauses

Even after termination of these Terms, provisions of Article 4 (Intellectual Property Rights), Article 9 (Limited Warranties), Article 10 (Limitation on Liability), Article 11(Compensation for Damages), Article 13 (Feedback and Contributions) shall remain in full force and effect.

Article 15 Individual Provision Concerning Prerelease Version Engine

  1. If the Engine is a product before official release, an alpha version, or beta version (hereinafter referred to as the “Prerelease Version Engine”), this article applies, and if the provision of this article and other provisions of these Terms conflict, this article shall prevail. The Prerelease Version Engine is not equivalent to the final product to be provided by the Company and it is possible that it includes bugs, errors, system failures, etc., or other defects that may lead to loss of data. If a Subscriber received the Prerelease Version Engine based on another contract, use of the Engine shall simultaneously be subject to that contract.
  2. The Prerelease Version Engine is not equivalent to the final product to be provided by the Company and it is possible that it includes bugs, errors, system failures, etc., or other defects that may lead to loss of data.
  3. If a Subscriber received the Prerelease Version Engine based on a contract or the terms of use different from these Terms, and a license to enable the use, use of the Engine shall simultaneously be subject to that contract.

以上

Version: 2
Created: April 18, 2022
Modified: December 13, 2022
This English version is provided solely for reference purposes. Should there be any discrepancy between the Japanese and English versions, the Japanese version will take precedence.
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