Terms & Policies Archive

My Vket Terms of Use

These individual 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”) and Users (defined in Article 5), regarding the use of the Service (defined in Article 5). 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.

Introduction

Article 1 (Account Registration and Management)

While Users may be able to use limited features of the Service without registering for a Vket Account (defined in Article 5), Users shall register for a Vket Account in advance to use all of the features of the Service.

Article 2 (Scope of the General Terms of Use and Rules)

These Individual Terms of Use are those of the individual terms of use under the "Vket Service General Terms of Use" (hereinafter referred to as the "General Terms of Use"). Except for matters which the Individual Terms of Use specifically state that they are not applicable, guidelines and other rules (hereinafter referred to as the "Rules") stipulated by the Company under the Individual Terms of Use as well as the General Terms of Use are applicable for the matters not stipulated in the Individual Terms of Use.

Article 3 (Agreement to the Terms of Use)

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 the Individual Terms of Use. By clicking "Agree" upon subscribing for the use of the Service, or by browsing, entering, downloading, installing or using the Service, it is deemed that a User has understood and agrees to all the provisions of the Basic Terms of Use, including the General Terms of Use, and each individual terms of use or the Rules.

Article 4 (Measures upon Violation)

Users 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 of such terms of use and rules, 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 obligated to compensate for any damages, losses, etc. incurred by Users and/or their related parties that may arise as a result of such measures.

Chapter 1 Basic Matters

Article 5 (Definition)

  1. General Definition
    1. The “Service” means the service on “MyVket” and service related to “MyVket” on websites provided by the Company to Users for their use.
    2. A “User” means an individual or enterprise who uses the Service after agreeing to the Individual Terms of Use (including the General Terms of Use and Rules defined in Article 2).
    3. A “Vket Account” means a common ID that can be used as 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.
    4. "Third Party Services" mean services or platforms provided by other business operators (including, but not limited to, Google, Apple, Microsoft, Valve, VRChat, YouTube and MetaMask) and used to run or link the Service.
  2. Definition regarding Creation (Mainly in Chapter 2)
    1. "Content" means any type of data provided in digital form, including text, images, video, audio files, software, webpages, databases, etc.
    2. A ”Product” means an avatar, a virtual space and any other Contents created by using the Service.
    3. ”Company Content” means Content which the Company provides to Users in the Service, for which the Company owns the intellectual property rights, or has obtained a license to use from a third party.
  3. Definition regarding Store (Mainly in Chapter 3)
    1. A "Store" means a marketplace and all related services provided in the Service.
    2. A "Seller" means a User who has registered information necessary to exhibit Contents on the Store and whose registration has been approved by the Company.
    3. A "Purchaser" means a User who purchased Content at the Store.

Article 6 (Usage Fees)

The Service is free of charge. (Except for the purchase of paid products and/or services, and telecommunication charges for the Internet access.)

Article 7 (Intellectual Property Rights of the Service)

  1. The Service and any websites, products, programs, applications, logos, documents and any other information related to the Service, and their copyrights, trademark rights, and any other intellectual property rights shall be vested in the Company or third parties who have granted license of such information or rights to the Company. Users shall not engage in any acts that infringe on the rights of the Company or third parties.
  2. Users may not imitate the Service; may not use any know-how contained within the Service; may not copy, adapt, transmit to the public, nor otherwise use the information or intellectual property described in the preceding paragraph; nor use the information or intellectual property in any other way.

Article 8 (Use of Third Party Services)

  1. Users shall comply with the terms and conditions of Third Party Services when using such services linked to the Service.
  2. A User agrees that the Company forwards the data held by the User to Third Party Services when using such Third Party Services.
  3. The Company shall not be held liable nor responsible for a User’s use of any Third Party Services.

Article 9 (Limitation on Features)

Some Contents provided in the Service may not be available in certain regions or depending on a Vket Account usage status.

Article 10 (Advertising and Promoting of Contents by Users or Sellers)

  1. The Company reserves the right to use, modify, and otherwise make use of the Contents made public by Users and Sellers in the Service free of charge and on a non-exclusive basis, to the extent necessary for the smooth operation, promotion of use, and marketing and advertising of the Service; and for purposes of building, improving, and maintaining the Company’s systems. Users and Sellers shall grant permission for such use by the Company.

    ※Examples of the Company’s usage:

    • Displaying the published Contents on the Service;
    • Reflecting any modifications made to the information of the published Contents on the Service;
    • Creating thumbnails from the published Contents or trimming thumbnails already created for such Contents and displaying them on the Service;
    • When advertising and promoting the Service, the published Contents may be used to create visual materials and videos. Please be assured, however, that the Company will not commoditize nor otherwise put the Contents on a commercial basis without obtaining permission from the User and/or Seller of such Contents.
  2. Upon the usage, modification, etc. of the information described in the preceding paragraph, the Company reserves the right to omit any part of such information or to omit name display.

Article 11 (Survival Clauses)

Even after termination and expiration of the Individual Terms of Use, provisions of Article 7 (Intellectual Property Rights of the Service), Article 10 (Advertising and Promoting Contents by Users or Sellers), Article 12 (Copyright of Products) and Article 14 (Precautions for Uploading) shall remain in full force and effect.

Chapter 2 Creation

Article 12 (Copyright of Products)

  1. Copyrights (including the rights defined in the Articles 27 and 28 of the Copyright Act of Japan. The same shall apply hereinafter.) of the Products shall belong to Users. However, when any Company Contents or the Contents of a third party is contained in such Products, their copyrights belong to the Company or such a third party.
  2. In relation to the second sentence in the preceding paragraph, if a Product contains any Company Contents, Users shall comply with the licensing conditions for such Company Contents as provided in the following article; and any Content of a third party is contained, Users shall comply with the licensing conditions provided by the third party.
  3. Users may, in their own discretion, determine the terms and conditions of use of their own Products to the extent that they do not violate laws, regulations, the Individual Terms of Use, and the licensing conditions provided by the Company or any third parties for the Content contained in the Products.

Article 13 (Licensing Conditions for the Company Contents)

  1. The Company grants to Users a non-exclusive license to use Company Contents in accordance with the conditions described in each item below. However, if different conditions are specified for any of the Company Contents, Users shall comply with such different conditions.

    1. Manner and purpose of use: No restriction
    2. Region: Worldwide
    3. Period of use: Perpetual
    4. Authorship attribution: Not specified
    5. Special conditions: Non-transferable;
      Non-sublicensable (in a case where paid Company Content is contained)

  2. Notwithstanding the preceding paragraph, Users may not use Company Contents to develop any service or software which create avatars and/or virtual spaces which are similar to those in the Service.

Article 14 (Precautions for Uploading)

Virtual spaces in the Service use a technology called WebGL with which 3D Contents are drawn on browsers. While 3D Contents are displayed with encryption, since it is necessary to upload the 3D Contents onto memory due to the nature of the Service, unauthorized extraction or use of the data by a malicious third party is technically possible, and there is such a risk. Therefore, when uploading any 3D Contents, please use the Service at your own risk after sufficiently understanding and considering the above-mentioned risk.

Chapter 3 Store

Article 15 (Overview of the Store)

  1. Sellers may register their own Contents through a Store and exhibit them for sale for a fee or free of charge. Licensing conditions for the exhibited Contents shall be in accordance with the provisions of Article 20 (Licensing Conditions for Exhibited Contents).
  2. Purchasers may use Contents purchased through a Store in accordance with the provisions of Article 20 (Licensing Conditions for Exhibited Contents). Purchasers may download and use only such Content that allows secondary and commercial uses.

Article 16 (Purchase of Contents)

  1. When selling and/or purchasing Contents in a Store, Sellers must follow the transaction method, the payment methods, and the terms of payment as specified by the Company within the functions of the Service.
  2. The price of Contents shall be displayed for each Content on its sales page and payment page.
  3. When a Seller completes a purchase process for a specific Content exhibited by the Seller, it shall be deemed that a sales contract for the Content has become effective between (i) the Seller and the Company (consignment purchase) and (ii) the Company and the Purchaser. The Seller and the Purchaser may not transfer or pledge as collateral to a third party, or otherwise make any change in the ownership of, the rights and obligations arising from the sales contract.

Article 17 (Handling of 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 the Content with a defect-free Content (hereinafter referred to as “Exchanging”) or refund for the Purchaser only when the Purchaser requests 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 by Exchanging, the Seller who sold the relevant Content shall provide the Company with the Content without any defects.
  2. When the Company decides to refund for the Content with a defect, the Company may request the Seller to pay for the refund, and the Seller shall comply with the request.
  3. In a case where a defect in the Content is caused by equipment, software, or other environment use by the Purchaser, the Purchaser may not request the Company for Exchanging or refund. Even in such a case, the Seller who provided the Content shall provide support to the Purchaser as much as possible.

Article 18 （Sales Commission）

  1. The Sales Commission for the Service shall be 5.6% of the amount of sales (including the consumption tax) of the Contents registered by a Seller, with an additional fixed value of 22 JPY.
  2. A Seller shall grant the Company the authority to receive the amount paid by a Purchaser. The Company shall receive the amount equivalent to the payments by the Purchaser from payment service providers (including PayPal, etc.).
  3. The payments shall be made by payment service providers designated by the Company. If the payment service providers separately present their payment settlement rules, etc., the provisions of those rules shall be complied with.
  4. If the amount calculated by subtracting the Sales Commission from the sales amount of Contents registered by a Seller is 1,500 JPY (including the consumption tax. Hereinafter referred to as the “Minimum Payment Amount”) or more, the Company shall transfer the amount, minus the bank transfer fee, to the bank account designated by the Seller by the last day (or on the next business day if such last day is a bank holiday) of the second month following the month of the sale.
  5. The deadline for carrying over sales amounts that do not meet the Minimum Payment Amount shall be the last day of the twelfth month following the month in which the last unsettled sales occurred, and the Company may pay to the Seller such sales amount as of that time, which do not reach the Minimum Payment Amount by the deadline.
  6. A Seller shall pay the consumption tax and other taxes to be imposed on his/her Contents.
  7. In any of the following cases, the Company may deem that the Seller waived his/her right to receive the sales amount and may claim for such amount:
    1. If a bank transfer is not completed successfully even though the Company has completed the procedures for a bank transfer according to Paragraphs 4 and 5 of this article, the Company shall notify the Seller to that effect in such a manner as the Company deems appropriate. When the Seller does not take necessary measures (including, but not limited to, confirmation and correction of his/her bank account information) nor notify the Company of such measures within three (3) months after the notice from the Company;
    2. When the Seller is in violation of the Individual Term of Use;
    3. When the Vket account of the Seller is deleted;
    4. When the sales amount to be transferred by the Company under Paragraph 5 of this article is less than bank transfer fee; or
    5. When the Company closes the Store, and the sales amount of the Seller is less than the Minimum Payment Amount and is less than bank transfer fee.

Article 19 (Prohibited Items for Sale)

A Seller may not sell any of the Contents described below. Note that the Company determines whether a Content falls under any one of the items described in the following subparagraphs.

  1. Contents that may violate other person’s right or interest;
  2. Contents that violates public order, standards of decency or morals;
  3. Contents that is illegal, generally offensive, pornographic, threatening, libelous, defamatory, or perceived to contain malicious intent, inaccurate, or otherwise likely to be considered inappropriate;
  4. Contents whose transfer or resale is prohibited by a contract or other agreement for the Content;
  5. Contents that may be exploited;
  6. Contents whose selling or possession is restricted by law or regulation; or
  7. Other Contents that the Company determines as inappropriate

Article 20 (Licensing Conditions of Exhibited Contents)

The Seller shall grant the following non-exclusive licenses regarding his/her exhibited Contents, unless different licensing conditions are specified and indicated:

  1. Manner and purpose of use: No restriction
  2. Region: Worldwide
  3. Period of use: Perpetual
  4. Authorship attribution: Not specified
  5. Special conditions: Non-transferable, non-sublicensable

Article 21 (Disclaimer)

A Seller shall backup the necessary information for the sale of his/her own Contents on his/her own responsibilities during the use of the Service. The Company shall not be held liable nor responsible for any loss or missing of such information.

Article 22 (Handling of Problems)

If a problem arises for a Purchaser due to the purchased the Contents, the Company shall receive inquiries from the Purchaser and shall use commercially reasonable efforts to resolve the problem. If the problem arises due to the Contents, the Company may instruct the Seller to resolve the problem using a method specified by the Company, and the Seller shall comply with this instruction.

Chapter 4 Playing, etc.

Article 23 (Communications in Virtual Space)

Users shall comply with the Real-Time Communication Service Terms of Use when communicating, chatting, or otherwise engaging in communication within the virtual space through the Service

Article 24 (Medals)

  1. The Company provides Users with “Medals (Achievements)” as a commemorative badge to encourage Users’ achieving a certain goal during the use of the Service.
  2. Depending on the subject of the Medals (Achievements) and/or category of items, there can be different conditions, criteria, methods, scopes, and duration, etc. for obtaining such Medals (Achievements). Users may obtain Medals (Achievements) in the Service to the scope determined by the Company in accordance with the criteria and methods that the Company determines at its sole discretion. The subject of Medals (Achievements), category of items, and the conditions, criteria, methods, scopes, and duration, etc., of obtaining a Medal (Achievement) can be changed, added, suspended, or terminated at any time without prior notice by the Company’s decision, for which Users may not raise any objections.
  3. A User may not lend, give, sell, pledge as collateral, or in any other ways let other Users or third parties use Medals (Achievements) acquired and possessed by the User and/or the qualifications accompanying such Medals (Achievements).
  4. The Company may, if it determines that the acquisition or possession of a Medal (Achievement) by a User is unauthorized or otherwise inappropriate, revoke a part or the whole of the Medal (Achievement) without prior notice to the User.
  5. Notwithstanding the preceding paragraphs of this article, if a User loses the qualifications to use the Service due to membership withdrawal or other reasons, all Medals (Achievements) and relevant qualifications acquired or possessed by the User shall also be revoked.
  6. The Company shall not be held liable nor responsible for any damages or losses incurred by Users due to the measures described in this article.。

Article 25 (Event)

  1. Users may organize, play or engage in gatherings, performances, content streams, etc. held real time in the Service through Event feature of the Service.
  2. Users shall purchase Event tickets according to the participation conditions such as ticket fees and payment methods set by Event organizers in order to participate in paid Events held in the Service.
  3. Prospective Event participants are deemed to acknowledge and agree in advance hereunder that, regardless of User-Organized Events or Company-Organized Events, Event organizers may change the schedule or contents of Events or cancel them by following the procedure specified by the Company. Prospective Event participants are deemed to acknowledge and agree in advance hereunder that User-Organized Events are held under the responsibility of an organizing User and that the Company is not held liable nor responsible for any change in the schedule, contents, or progress status of the Events, or troubles occurred during the Events, etc.

Chapter 5 Prohibited Acts

Article 26 (Prohibited Acts)

  1. Users are prohibited from engaging in any of the following acts upon using the Service:
    1. Acts that violates laws or regulations, criminal acts or other related acts, or acts that are offensive to public order or morals;
    2. Act that does or may infringe upon intellectual property rights, publicity rights, personal rights, honor, privacy rights or other rights of the Company, other Users, External Business Operators or a third party;
    3. Act of creating, distributing, etc. of Contents which violate “Vket Service Usage Guidelines” and other acts prohibited in the guidelines;
    4. Acts of analyzing the Service wholly or in part, by such means as reverse engineering, decompiling, and disassembling;
    5. Act of engaging in commercial activities using the Service without the Company’s permission;
    6. Acts of distributing Users’ Contents designed to be a commercial advertisement or other promotion or solicitation (excluding those which the Company has explicitly allowed); Users’ Contents including affiliate links; and any other Users’ Contents designed to solicit other Users and persons such as multi-level marketing and pay-to-read-emails;
    7. Acts that are prohibited under Article 9 (Prohibited Acts) of the General Terms of Use;
    8. Act of aiding or abetting Users of virtual spaces within the Service to engage in prohibited acts described in Article 6 (Prohibited Acts) of “Real-Time Communication Service Terms of Use”;
    9. Act that does or may violate the Individual Terms of Use; and
    10. Other acts that the Company determines inappropriate.
  2. The Company will, at its sole discretion, determine whether or not any of Users’ acts fall under any of the prohibited acts described in the preceding paragraph. 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 subparagraphs in the preceding paragraph, take measures deemed necessary, such as requiring an involuntary membership withdrawal, suspension of use of the Service as well as deletion of Products described in the following paragraph, without any notice to the User in advance. (However, the Company is not obligated to take such measures, nor disclose the reason for the measures taken in response to the act.)
  3. In the event that a User violates the Individual Terms of Use, the Company may, without any notice, immediately revoke the license to use the Company Contents provided to the User and suspend use of the Service. In such a case, the User shall immediately cease use of the Service and immediately delete his/her Products, Company Contents, and any copies thereof.
  4. The Company shall not be held liable nor responsible for any damages or losses incurred by a User due to the measures taken by the Company pursuant to this article.
Version: 10
Created: December 13, 2022
Updated: February 16, 2023
March 15, 2023
April 7, 2023
April 20, 2023
June 21, 2023
August 9, 2023
November 15, 2023
April 17, 2024
Last updated: January 15, 2025
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.