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.

Measures upon Violation

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.

Fee and Payment Method

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.

Use of Service

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

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.

Article 10 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 Information

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 18 Handling of Personal Information

1. The Company will handle the personal information of Users in accordance with the Terms of Use and the Privacy Policy established by the Company.
2. Users shall handle personal information obtained through the Service in accordance with laws and regulations concerning the protection of personal information, if applicable.

Article 19 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.

Article 20 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 21 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 22 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 23 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 24 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 25 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 26 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 27 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.

Article 28 Beta Service

1. The Company may, at its sole discretion, invite partners to use potential new services or features that are under development and not yet available to all Users on a trial basis (hereinafter referred to as “Beta Service”).
2. Users shall agree to additional terms and conditions (if any) set forth by the Company prior to using the Beta Service. The Beta Service and all information related thereto shall be considered confidential information of the Company and shall be subject to the confidentiality provisions of the Terms of Use.
3. The Company makes no representation or warranty that the Beta Service will function. The Company reserves the right to discontinue the Beta Service at any time in its sole discretion. The Company shall not be liable for any damages arising out of or in connection with the Beta Service.

Vket Service Usage Guidelines

Through the web browser-based virtual spaces and VR contents, Vket services provide a world in which people can be liberated from age, gender, and physical distance and restrictions, to pursue their favorite things in any appearances of their choice. These guidelines are made for ensuring comfortable, enjoyable and safe usage of our services.

Based on the Vket Service General Terms of Use and respective Individual Terms of Use, these guidelines lists matters that require attention when you use the programs and softwares of or related to Vket services or when you upload, download, develop, distribute, sell, and use contents, including computer graphics, images, audio, text, and other information.

We would like to ask the users to abide by these guidelines so as to keep the Vket services safe and enjoyable places. Note that these guidelines could be amended afterwards in conjunction with the provided services.

Reporting inappropriate contents and acts:

Should you find contents and acts that are deemed in violation of these guidelines, please send the report. The users’ cooperation helps us maintain the sound environment.
Report form

Service policy and prohibited acts and contents

While users are encouraged to freely enjoy the virtual spaces, Vket service prohibits the registration, usage, development, distribution, and selling of the following acts and contents, to protect the safety and security of many users.

Acts and contents that undermine trusts

• Impersonation to other existing people, whether the person is in the real world or the virtual space, not limited to celebrities and influencers.
• Acts that may obstruct the operation of the services or tarnish the trust of the Company, HIKKY, or insisting false affiliation by impersonating as an individual or entity.
• All other misinformation or information that is hard to prove its authenticity in an objective manner, or things that include false information.
• Acts and contents that defame others, including avatars.

Sexually explicit acts and contents:

*Please note that sexually explicit contents are currently prohibited to be registered or distributed on Stores of My Vket and Vket services.

Discriminative acts and contents:

• Acts of intimidation and extortion
• Acts, invitations, or solicitations of harassment or bullying
• Invitation or solicitation of murder, burglary, injury, human or organ trafficking, suicide, or any other acts harmful to the life or body
• Invitation or solicitation of dangerous drugs such as prohibited drugs, scheduled drugs, and unapproved drugs
• Fraud, password theft, illegal access, and luring to phishing websites
• Any other contents inviting, soliciting, or inciting illegal acts

Acts and contents infringing the rights of the Company or others:

• Infringement on the rights of the Company or others, including the copyrights, trademarks, patent rights, privacy rights, rights of portrait
• Acts of unauthorized collection and dissemination of personal information and privacy information

Acts and contents with the objective of luring into harmful programs:

• Luring to harmful programs, including but not limited to phishing, malware, illicit downloads or contents, and fraudulent advertising, and luring to adult websites in non-age-restricted spaces and contents.

About fan arts

With respect to the so-called “fan arts”, it may not be registered, used, developed, exhibited, distributed, and sold, 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.

Should we find infringement of any part of these guidelines, we may take measures such as user or creator entitlement restriction and account suspension. To provide a safe and secure environment of virtual space as Vket services, we would appreciate users’ understanding and cooperation.

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

1. 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.
2. The Company may disclose personal information collected from Users to the implementers of each function to provide Users with each function of the Service. This shall not be limited to the functions listed in the table below.

▼Reservation function

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.

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 and virtual spaces 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").

Terminology Uniformity

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.

Scope of Terms of Use

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.

Use of Service

Users may not use the Service if they do not agree to all provisions in the Basic Terms of Use. By clicking “Agree” to the Basic Terms of Use or using the Service, it is deemed that a User understands the contents of the Basic Terms of Use and agrees to all of the conditions therein.

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), or platforms (including, but not limited to, Youtube and MetaMask).
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. “Users” shall mean any individual, corporation or other organization that uses the Service.
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 may, during the Basic term of the Use, use Content provided by the Company and Users as well as Services or Content 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 communication functions used for VR content and virtual space on web browsers to the Users as an system operator of the Service, and the Company shall not be involved in the content and service provided by Users within the Service and Users act within the Service. The Users shall use the Service and Users’ service or Content, and communication among Users on their own responsibility. Even if the User purchases or acquires Content or service from the Users or other persons in some way, the Company will not be involved in, and not be liable for, any contract with Users, or any other persons, defects of Content or service purchased or acquired, nor any trouble, damages or other issues that may arise therefrom.

Article 3 Chat Function

1. The Users may, during the Basic Terms of the Use, 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 Screen Sharing Function

1. The Users may, during the Basic Terms of the Use, use the function to display or upload the User’s contents, such as the screen of the User’s device, on the Service (hereinafter referred to as the “Screen Sharing Function”) in accordance with these General Terms of Use and these Basic Terms of Use and by the method prescribed by the Company.
2. The Users, upon displaying or uploading the User’s contents by using this Screen Sharing Function, shall represent and warrant that they do not interfere with or infringe on laws, regulations, or the rights of a third party.
3. This Screen Sharing Function is not intended to perform a closed communication among the Users but to enable an open communication wherein the Users display or upload the screen of their devices, etc., to other Users and the Company. The Users who use the Screen Sharing Function shall agree in advance that the screen of their devices, etc., displayed or uploaded will be viewed, browsed, or recorded by other Users or the Company without objection pursuant to this paragraph.
4. The Company shall not be held liable in any circumstances for any losses and damages incurred by the Users due to (a) the Contents the Users have sent, accessed, used, viewed, or experienced during the use of the Service, (b) errors and outages of the Contents, or (c) the uses of the Content, access to the Content, and access refusal to the Content.
5. While the Company is not liable for the use of the Screen Sharing Function by Users and the Contents that the Users display or upload, if the Company should find that the Contents infringe upon the provisions of these Basic Terms of Use or the laws and regulations, the Company retains the right to remove the Contents at any time without notifying the User.
6. 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 Users' contents displayed or uploaded by the Screen Sharing Function without notifying the User. The Users who use the Screen Sharing Function shall consent in advance to the disclosure without objection pursuant to this paragraph.
7. The Company shall not be held 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 5 Camera Function

1. The Users may, during the term of the Basic Terms of Use, use the function to take photographs of the screen in the Service (hereinafter referred to as the “Camera Function”) in accordance with these General Terms of Use and these Basic Terms of Use and by the method prescribed by the Company.
2. The Users may, during the term of the Basic Terms of Use, by means of this Camera Function, screenshots, or other methods, copy the screen of this Service and post or stream it on web services such as social media, blogs, YouTube, and others, in accordance with these General Terms of Use and these Basic Terms of Use and by the method prescribed by the Company; provided, however, that no action can be taken that amounts to any of the following prohibited items:
   1. the act of copying, posting, or streaming the Contents that the Company or the content provider prohibits copying, posting, and streaming.
   2. the act of copying, posting, or streaming in a method or state that is prohibited by the Company or the content provider.
   3. the act that will or is likely to significantly degrade the trust, reputation, or public perception of the Company, the content provider, or the Contents.
   4. the act of copying, posting, or streaming the Contents against the explicit or implicit will of the Company or the content provider. When you are going to copy, post, or stream the Contents provided by other Users, please make sure that it is not against the explicit or implicit will of the content provider. To avoid troubles, please obtain prior consent from the content provider and, if there were a request from the content provider afterwards, stop the copying, posting, or streaming.
   5. the act that will or is likely to cause misunderstanding that the copying, posting, or streaming by the User is made by the Company or the content provider.
   6. the act of using the Contents for paid streams and other commercial purposes(However, this item does not prohibit the Users from obtaining advertising fees or other revenue from External Services through monetization methods authorized by such External Services. When using External Services, please abide by the terms and conditions of those External Services.）
   7. any other acts that the Company prohibits individually.
3. The Company and the entities designated by the Company may use copies, which are created from this Camera Function, screenshots, screen recordings, or other methods, and expressions by Users in this Service for advertising and other purposes after removing personal information of the Users.

Article 6 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 7 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 provided by the Users. 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 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 8 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 provided by the Users, 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 providedexhibited by the UsersExhibitors, 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 providedexhibited by the UsersExhibitors, 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.

Article 9 Effective Term

This Basic Terms of Use shall become effective on the date when a User use this service with agreement to General Terms of Use and these basic Terms of Use 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.

Brand and logo guidelines

Logos and icons of HIKKY Co., Ltd. (hereinafter referred to as the “Company”) and HIKKY’s services are owned by the Company. The Company grants permission to use the Company’s corporate logo and service logo/icon (hereinafter referred to as “our logos, etc.”) for free, to the extent that the user abides by the following Terms of Use. The users may use them for various ways of expression, including 3D and animations.

Terms of Use

Our logos, etc. can be used for such objectives as introduction of the Company and its services, introduction, promotion, or advertisement of products and services developed with our services, and others, unless the usage violates the following Prohibited Uses.

Prohibited Uses

• Uses that are likely to make people falsely believe that the Company’s services are provided by someone other than the Company.
• Uses that are likely to make people falsely believe that the user or a third party has pseudo-relationships like employment, consignment, approval, or others even though such a relationship does not exist.
• Uses that unnecessarily modify or alter our logos, etc. While you are permitted to make necessary modifications such as size changes, transparency, or lighting on the 3D model, please refrain from uses that will change how the logo looks like.
• Any other expressions or notations that are deemed by the Company to be inappropriate.

Examples of permitted uses

Introduce the Company and its services in blogs, social media, video streams, and others operated by an individual.

Examples of prohibited uses

Use the design of our logos, etc. as part of the app icon or logo. Use the whole or a part of logos, etc. as a profile image or background on social media.

Special Notes for logo and icon of Vket Cloud

Terms of Use of Vket Cloud logo

For the logo and icon of Vket Cloud, in addition to the Terms of Use denoted above, registrants or registered companies of the Partner Program can use them for sales, promotions, and advertisements of products and services developed with Vket Cloud. Individuals and companies that are not registered on the Partner Program may not use the logo to make people falsely believe that the user can cater for commissioned development of metaverse spaces for third-party clients using the Vket Cloud engine.

Examples of permitted uses

In addition to blogs, social media, video streams, and other activities by individuals, as long as the users are registrants or registered companies of the Partner Program, they can be used for introducing Vket Cloud on the users’ own websites and in their own sales materials.

Examples of prohibited uses

Sell products and services using Vket Cloud logo without the permission of the Company.

Notes

• If you want to use our logos, etc. for uses not covered by these guidelines, please contact our PR team, with a visual sample of the intended design attached.
• Even under the Terms of Use above, when you use our logos, etc., for media materials such as TV, newspapers, magazines, online articles, and others, please inform our PR team beforehand.

Inquiry

Logo design guidelines and logo data

• HIKKY corporate logo

  

  HIKKY logo design guidelines

  Download the logo data

• VketStore

  

  Vket Store logo design guidelines

  Download the logo data

• My Vket

  

  My Vket logo design guidelines

  Download the logo data

• Vket Cloud

  

  Vket Cloud logo design guidelines

  Download the logo data

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.

• Table of Contents

  Chapters	Main Topics
  Introduction	Account; Agreement to the Terms of Use and their application; Measures upon Violation
  Chapter 1: Basic Matters	Definitions; Usage fees; General Provisions, etc.
  Chapter 2: Creation	Intellectual Property Rights of Created Avatars, Virtual Spaces, etc.
  Chapter 3: Store	Conditions for Using Marketplace
  Chapter 4: Playing, etc.	Conditions for Using Features available on the Service
  Chapter 5: Prohibited Acts	Prohibited Acts; Measures Against such Prohibited Acts

• Help Page
  Describes recommended environments, features, manner or method of use, etc.
• Inquiry
  If you have any questions, please contact our support team.

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 Terms of Use and Order of Priority)

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 (Conditions to use the Service and Agreement)

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 and Liability)

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)
   • ※FAQs for this article are provided on a separate page. For further details or questions, please refer to that page.

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.
3. When a Seller obtains a Vket Account and registers his/her Content, it shall be deemed that the sales agency service by the Company through the Store has become effective.

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 set forth in the following:
   1. Transaction method: transactions must happen on the website only
   2. Payment methods: credit card payment or PayPal payment
   3. Terms of payment: payment in advance
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. The Seller 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 Agency Commission）

1. The Sales Agency 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 on behalf of the Seller. The Company shall receive the amount equivalent to the payments by the Purchaser from payment service providers (including PayPal, etc.) according to such authority to receive the amount on behalf of the Seller.
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 Agency 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)

1. 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.
2. Any troubles caused between a Seller and a Purchaser or a third party shall be handled and solved under the responsibilities of the Seller, and the Company shall not be held liable nor responsible for any of such troubles.

Chapter 4　Playing, etc.

Article 22 (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 23 (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 24 (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 25 (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.

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").

Account

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.

Terminology Uniformity

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.

Scope of Terms of Use

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.

Use of Service

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.

Measures upon Violation

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.

Other Notes

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:

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.

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.

Terminology Uniformity

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.

Scope of Terms of Use

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.

Use of Service

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.

Measures upon Violation

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. When a Shop Function Registered Member sets the Item created by himself/herself as a Parent Item, the registrant of the Parent Item shall be deemed to grant the registrant of the Child Item a license to make secondary use of the Parent Item within the Service. A registrant of a Parent Item is required 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. 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. In that case, at the time of registration of a 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.
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.
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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. Copyrights and other rights of the Resources of 3D Model Data and User World registered or published using this Service shall be vested in the 3D model producer who has legally created the product or the producer of the User World. This does not apply, however, if the rights are vested in the Company of third-parties. The Company reserves the right to use and modify, etc., free of charge and non-exclusively, Resources of 3D Model Data or User World for the smooth operation, promotion of use, and marketing of the Service; for purposes of building, improving, and maintaining the Company’s system.
   

   *Examples of the Company’s usage:

   • Displaying the Uploaded 3D Models Data or User World on this Service;
   • Reflecting to 3D Models Data any modifications made by the 3D Model Data Uploader or User World publisher to the properties of 3D Model Data;
   • Creating and trimming thumbnails from the Resources of 3D Model Data and displaying them on this Service;
   • When advertising and promoting this Service, the Uploaded 3D Models Data or User World may be used to create visual materials and videos. In the case of the 3D Models Data, this applies only to those created and Uploaded using Avatar Maker of this Service.

   Please be assured, however, that the Company will not commercialize them such as merchandise without obtaining permission from the producer of the 3D Model or the producer of the User World.

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.

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.

Account

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.

Terminology uniformity

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.

Scope of Terms of Use

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.

Use of Service

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.

Measures upon Violation

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.

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.

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

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 for the licensing of the Engine as defined below, the Asset Store and related services (hereinafter collectively referred to as the “Services”), 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 Service. Subscribers must read the entire text carefully before agreeing to these Terms.

Terminology uniformity

The Individual Terms of Use constitute agreements between the Company and Subscribers 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.

Scope of Terms of Use

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.

Use of Service

Subscribers may not use the Service if he/she does not agree to all the terms of the Basic Terms of Use, including the General Terms of Use, and the 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 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.

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.
11. “Asset Store” means a marketplace (Vket Cloud Asset Store) where assets registered by the Company and Subscribers can be distributed and sold to other users thereof.
12. “Asset(s)” means various software and content data (including but not limited to worlds, 3D assets, activities, scripts and site templates) and ancillaries thereof distributed and sold through the Asset Store.

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 Service shall be borne by Subscribers.

Article 3 Scope of Application of These Terms

1. Subscribers may not install the Service on any Compatible Environments of a third party, or have a third party use the Service. If a Subscriber allows a third party to use a Compatible Environment in which the Service 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 Service.

Article 4 Intellectual Property Rights

1. Copyrights, trademark rights, and any other intellectual property rights of the Service, 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 Service; 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 Service 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 Service. 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 Service, in data which pertains to the Service, or in data which is referred by the Service, 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, etc., of the Service and resource files, Source Codes, binary files of the Service, included therein shall be held by the Company.
4. The names and logos of VIRTUAL MARKET, Vket, and HIKKY as well as names contained in the Service 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

1. Subscribers shall be prohibited from conducting acts provided in the next paragraphs and below when using the Service. Subscribers shall be allowed to use the Service 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 Service and relevant materials, such as manuals and help tools, etc., provided incidental to the Service; port anything to; nor make modifications, porting, adaptations, translations, alterations, etc., to the Service. In addition, Subscribers may not alter, modify, or delete any descriptions concerning a license included in the Service.
   2. Subscribers may not distribute or re-distribute the Service, 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. Without the Company’s prior written consent, Subscribers may not, and may not permit others to, combine, distribute or otherwise use the Engine with any code or other content which is covered by a license that would directly or indirectly requires that all or part of the Engine be governed under any terms other than these Terms.
      ※ This means, for example, that Subscribers may not combine the Engine with any code or content that is licensed under any of the following licenses:
      1. GNU General Public License (GPL);
      2. GNU Lesser General Public License (LGPL) (unless Subscribers are merely dynamically linking a shared library);
      3. GNU Affero General Public License (AGPL); or
      4. Creative Commons Attribution-ShareAlike License.
   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 Service to a third party, or allow copying of any part of the Service to a Compatibility Environment of another individual or corporation. When a Subscriber outsources operations using the Service 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 Service such as output service, or any other services equivalent thereto.
   7. Other prohibited matters
      1. Releasing codes or contents of the Service, wholly or in part, which are included in the Service, 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 Service.
      3. Using the Service 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 Service, 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 Service 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 Service 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 Service such as the manuals and help tools, wholly or in part.
      9. Usage of the Service 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 or suspend, wholly or in part, these Terms and other agreements with them or utilization of the Service 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) or Paragraph 6 of Article 14 (Individual Regulations for Asset Store)
   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 Service
   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 Service and its reproductions, and stop publishing Developed Content and any others derived from use of the Service.

Article 7 Improvement, etc. of the Service

The Company may, if deemed necessary, improve, change, add to or suspend all or part of the Service’s functions at its discretion. The Company does not guarantee that all previous functions and performance of the Service 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 Service

1. The Company may, in any of the cases below, suspend the provision of the Service.
   1. When conducting maintenance or inspection of the Service
   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.) occurs
   4. When system failure or network failure occurs
   5. When unavoidable reason in relation to the Company’s business arises
   6. 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, except as set forth in the SLA separately specified by the Company, not concerned with the purpose of use of the Service 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 Service and Developed Content. Even if the performance and functions of the Service 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 Service 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 Service 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 Service 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 Service; 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 Service or Developed Content as well as the recommended terminal devices. Subscribers shall understand and agree that a function or expression pertaining to the Service 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 Service. In addition, when using the Engine via VPN server or certain other servers, the Service may not perform properly.
7. If any unexpected error, defect (bug) of the Service, 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 Service, 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 Service.
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 Service is not performed, or when the Company determines that the Service has been illegally used or used without permission, the Company may take actions, including suspension of utilization of the Service; 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 Service 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.
   1. 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.
   2. 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 Individual Regulations for Asset Store

1. Subscribers grant a non-exclusive, perpetual, worldwide, non-transferable, non-sublicensable license to use, reproduce, archive, modify and display any data of the Asset (1) for any purpose and (2) for any use, subject to the limitations common to all licenses, except where different license terms are specified and indicated.
2. If a third party has established and indicated license terms for each data of the Asset provided through the Asset Store, Subscribers may use such data only in accordance with such terms.
3. Subscribers may purchase asset licenses for free or for a fee in the Asset Store and shall process payment according to the system in the Asset Store.
4. Assets may only be used under the team ID under which the license was purchased. To any other extent, the license of the Asset may not be transferred, succeeded, licensed or inherited by any third party.
5. In principle, purchased Assets cannot be returned. However, if (i) the purchased asset is defective, for example if the purchased Asset is damaged, or if there is a clear difference between the description of the Asset and the downloaded Asset, and (ii) the Subscriber requests a return in accordance with the Company’s specified method and the Company approves the request, the Company may replace or pay for the Asset to the Subscriber (when the Company is the provider of the Asset, the Company may take these actions). If the Company decides to replace the Asset, the Subscriber who has distributed the Asset shall provide the Company with Assets free of defects.
6. Subscribers affirms, represents and warrants that Subscribers will not do any of the followings when registering in the Asset Store and using the Asset. The Company will determine the applicability of each of the following items.
   1. Infringes or misappropriates any copyright, trademark, patent or other intellectual property right, right of privacy, right of publicity, proprietary right or other right of any third party
   2. Register in the Asset Store any Asset that is illegal, generally offensive, pornographic, threatening, libelous, defamatory, or perceived to contain malicious intent, inaccurate, or otherwise likely to be considered inappropriate
   3. Sell Assets purchased through the Asset Store to third parties (including the sale of modifications or copies of such Assets), unless the seller of the Asset stipulates different license terms
   4. Violate the relevant laws and regulations, when submitting for sale, applicable to the place of residence, including the Act on Specified Commercial Transactions, the Act Against Unjustifiable Premiums and Misleading Representations, the Unfair Competition Prevention Act, the Trademark Act, the Copyright Act, and other laws and regulations of Japan.
   5. Deciphering the Assets registered by other Subscribers by reverse engineering, decompiling or disassembling
   6. Discover and plagiarize the source code of other Subscribers’ Assets or any part of the Service
   7. Upload software code, etc., to the Asset Store that interferes with or attempts to interfere with the operation of the Service or hardware
   8. Any other activity that the Company deems inappropriate
7. If the Company determines that the Subscriber falls under or is likely to fall under any of the provisions of the preceding paragraph, the Company may take the measures stipulated in Articles 6 and 11 of the Individual Terms of Use, and delete the Assets. In addition, if a claim or demand is made to the Company by a third party in connection with the Subscriber’s use of the Service and the Company deems it necessary, the Company may request the Subscriber’s cooperation in investigating the claim or demand, and the Subscriber shall cooperate with the Company’s request.

8. All information and copyrights, etc., of Assets registered or published using the Asset Store belong to the sellers of such Assets. However, this shall not apply to Assets for which the rights belong to the Company or a third party. The Company may use, modify, etc., information on Assets free of charge and on a non-exclusive basis to the extent necessary for the smooth provision, promotion of use, advertising and marketing of the Service, and construction, improvement and maintenance of the Company’s systems, and the Subscriber grants permission for this. The Subscriber grants these rights. ※

   ※ Examples of the Company’s use

   1. Display published Assets on the Service
   2. Reflect a change on the Service when a subscriber changes information
   3. Generate thumbnails from Asset’s information, etc., or trim already-generated thumbnails and display them on the Service
   4. Use registered Assets to create visual materials and videos when advertising and promoting the Service
      • Please be assured that the Company will not use the information on the Asset for merchandising goods, etc., without obtaining permission from the Subscriber.

9. The Subscriber shall be responsible for handling and resolving any troubles arising between the Subscriber and the purchaser of the Asset or any third party, or between the Subscriber and other Subscribers, and the Company shall not be held liable for any such troubles.

10. Matters not stated herein shall be governed by the other provisions of the Individual Terms of Use, the General Terms of Use and Rules.

Article 15 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) and Article 14 (Individual Regulations for Asset Store) shall remain in full force and effect.

Guidelines for the usage, publications, and operations of Vket Cloud Service

These guidelines concern the usage and publication and commercial use, etc. of the product, or world, of the Vket Cloud service. The guidelines contain our interpretation and policy on the relevant articles of terms for Vket Cloud Engine (Vket Cloud Engine Terms of Use、Vket Service Terms of Use、My Vket Terms of Use,etc.). If considered by the Company to be in violation of, or likely to violate, these guidelines, the Company can immediately take measures such as suspension or limitation of usage, cancelation or termination, and any other responses deemed necessary by the Company.

For usage, all users of any kind of subscription plan must understand and comply with the guidelines. Please note that we may revise this guideline for service improvement. We do not guarantee the continued validity of them.

List of plans and eligible users

* Schools and municipal governments are regarded as entities.

Domains and servers for world publications

• vket.com domain: Allowed for all plans
  For all plans, it is allowed to publish the worlds made by oneself (or one’s entity) on the domain of vket.com or its subdomain

• Own server: Individual Consultation Required
  For publishing worlds made by oneself (or one’s entity) on your own server, each case must be consulted beforehand and will be handled by the Company on a separate fee.

Website Links inside the Worlds

• Fraudulent or malicious websites: Links prohibited for all plans
  Websites links that we consider to be inappropriate, such as links to malicious websites like scamming, infecting viruses, etc., websites with the objective of disseminating harmful computer programs, etc., websites with the objective of phishing, websites inducing unjust or illegal activities, and others, are prohibited.

• Adult websites and age-restricted websites: Links allowed for all plans under certain conditions
  When you place links to adult websites and age-restricted websites, please answer Yes to "NSFW Content Contained" on the Edit World Information page. Note that all linked contents must not violate Vket Cloud Engine Terms of Use. Also, please make sure to put up an NSFW warning sign in a conspicuous way at somewhere between the world entrance and the adult contents.

  • Example of NSFW warning sign:

    

    Please use it freely

Commercial Use

• Promotion, advertisement, or event holding of your own products: Allowed for all plans
  For all plans, displaying, advertising, retailing, or holding events of products or services made by oneself (or own entity) is allowed.

• Promotion, advertisement, or space allocation such as affiliates of third party products: Allowed for paid plans
  e.g. Posting affiliate links, placing advertisement contents for profit
  For Business plans, displaying, advertising, retailing, exhibiting booths, or space allocation of products or services made by a third party for profit or compensation are allowed, as long as you notify us of the information of the third party contents to be placed. This kind of commercial use is not allowed for the Free plan.

  • * About notification of third party contents
    If you want to display, exhibit booths, advertise, or retail goods and services of a third party in the world, please notify us the name of the entity or individual, entity contact (email address), description of the contents to be exhibited, and the duration of exhibition.

• For commissioned production services with compensation, please contact us beforehand
  If you want to create worlds requested by third party users for a fee, you need to register to the Partnership Program separately. Please contact us beforehand regardless of your plan.

Vket Cloud Engine Service Level Agreement (SLA)

HIKKY Co., Ltd.（hereinafter referred to as the “Company”) is to provide the service using the metaverse development engine “Vket Cloud” (hereinafter referred to as the “Service”) under the conditions of the SLA (“Service Level Agreement”) , effective from April 20, 2023.

Commitments

• Service Availability
  Vket Cloud and its Service will operate 24 hours a day, seven days a week. *Excluding scheduled maintenances and pre scheduled closures

• Pre Scheduled Closures
  If service closures are needed due to updates, version upgrades, server maintenance etc., it will be announced beforehand by official social media accounts on Discord and Twitter.

• Online Support Operation
  The customer support will operate 24 hours a day, seven days a week.

Compensation Inclusions

The Service will provide the environments defined as follows; 1) Environment for development and controlling developments, and 2) Play environment, which is the server environment for providing interaction with the website and metaverse (hereinafter referred to as the “Products”) developed by the user using the develop environment. The service will include the said environments applicable for compensation. However, functionality of the Products will not be applicable for compensation regarding service availability.

Compensation Exclusions

Should the Service availability be uncompleted due to the reasons or to the relating factors as below, compensation will not be applicable.

• Service unavailability caused by reasons outside the company’s rational control, such as using devices and internet access not applicable to the compensation, or its related factors, etc.
• Service unavailability due to the cause of the user intentionally or unintentionally.
• Service unavailability caused by factors which the Company is unaccountable, such as malfunction of services provided by the user or other companies (e.g. network failures), etc.
• Scheduled service closures announced beforehand, such as scheduled maintenance, etc.
• Ostensible access failure, caused by browser or DNS cache, when the Service is in fact accessible

Scheduled Maintenances

When service closure is needed due to server maintenance, besides updates and version upgrades, closure date is to be announced 5 business days prior by social media accounts. The Company will schedule the closure date when service usage rate is low, decided in cooperation with the users.

Service Quality Definitions

The Company will guarantee to provide the Service at a monthly availability rate of 98% at least, during the period of the agreement (or “Contract” if applicable) to provide the Service to the user. Should the monthly availability rate underwhelm the guaranteed rate, the user will be eligible for compensation. If a claim eligible for compensation has occurred, convey the information to the Company’s customer support with all information defined below, within 1 to 30 business days during the next month of the occurrence date. The following content must be included in the claim: 1) Headline as “Compensation request regarding SLA” 2) Date and time when service was unavailable 3) Proof or references indicating the error causing service unavailability, such as logs, etc. Should the service monthly availability rate have underwhelmed the regarding service commitment, and the claim has been qualified by the Company, compensation will be receivable. However, the claim to receive compensation will expire after the duration of the application period.

Term Definitions

“Error Rate” is defined as the rate calculated by the total of internal server errors divided by the total of corresponding client requests within the span of 5 minutes. “Monthly Availability Rate” is defined as the subtraction of the billing month’s average of error rate per 5 minutes from 100%.

Disclaimer

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.

Partner Terms of Use

These Partner Terms of Use (hereinafter referred to as “these Terms of Use” or “these Terms”) sets forth provisions, between HIKKY Co., Ltd.（hereinafter referred to as the “Company”) and the Partner, regarding the use of Partner Program (hereinafter referred to as “this program”). These Terms of Use constitute agreements between the Company and the Partner regarding the usage. These Terms of Use consist of the Partner Basic Terms of Use, as will be described later, and Individual Terms of Use provided for each kind of Partner. Partners are requested to read the entire text carefully before agreeing to these Terms of Use-.

• Partner
  Partner means any individual, corporation, or group that participates in this program as set forth in Article 4 (Partner Registration).

• Vket Account
  A Vket Account is required for participating in this program. The Vket Service General Terms of Use (hereinafter referred to as “General Terms of Use”) is applicable to the registration and management of the Vket Account.

Chapter 1: General Terms

Terms applicable to all Partners are as set forth below.

Article 1 (Definition)

1. “Client” means the third party that is the subject of the service provision for value by the Partner using Vket Cloud.
2. “Vket Cloud License” means the usage permission for each plan of Vket Cloud and the Vket Cloud SDK (Software Development Kit).
3. “Vket Cloud” and “Vket Cloud engine” means the software developed by the Company, including the whole or a part of the program.

Article 2 (Scope of Terms of Use)

These Terms of Use are one of the Individual Terms of Use included as a part of the Basic Terms of Use that includes "General Terms of Use". Regarding matters not stipulated in these Terms of Use, provisions in guidelines, etc. provided by the Company, as well as the General Terms of Use, unless their application is excluded under these Terms of Use, shall apply.

Article 3 （Changes in Terms of Use）

1. The Company may change the contents of this program and guidelines (hereinafter referred to as “this program, etc.”) at its discretion.
2. If Partners disagree with the changes of this program, etc., the partners must stop their participation in the Company’s Partner Program and terminate this program.
3. In the event that the Company makes important changes in this program, etc., such changes shall be notified by email to the Partners by email, etc., or other means specified by the Company, posted on the Company's website terms page, or made known to Partners 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 this program, etc., or that a Partner uses this program after such changes are made known, the Partner is regarded as having agreed to the amended version of this program, etc. 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 to this program with regard to the sender by the date designated by the Company.

Article 4 (Partner Registration)

1. Those who wish to participate in this program are to make the application via the Partner Program application form or any other methods designated by the Company. Note that the applicant is regarded as having agreed to all the contents of these Terms of Use. If the applicant to this program is an individual, the applicant must have reached adult age in the country that the applicant resides in.
2. The Company will notify, the applicant who has been approved to register to this program after the examination of the application in the manner specified by the Company, or make a contract regarding registration, wherein the date of notification or the date determined under the contract will be the contract start date of this program.
3. The applicant to this program becomes a Partner on the date of notice of registration completion or the date determined under the contract.
4. Partners agree that the email address provided at the time of partner registration shall be used as the principal email address for the Company to send email messages.

Article 5 (Partner Rules to be Observed)

1. The Partner must observe all applicable laws and regulations when engaging in this program.
2. The Partner, when engaging in this program, such as sales, promotions, and other activities, shall not conduct the following actions:
   1. Acts of using malwares, spywares, or other offensive ads or marketing methods with regard to any transactions related to the Company or this program
   2. Acts of making false, misleading, or defamatory expressions with regard to the Company, the Company’s service, or any other things accompanying this program
   3. Acts of disobeying separate notices or instructions by the Company about the methods of this program such as Partner sales, promotional activities, and others.
   4. Acts of engaging in any other activities that threaten to harm the trust of the Company or this program or their reputations.
   5. Acts of discrimination based on sexual expressions, violence, race, gender, religion, nationality, disabilities, sexual orientation, or age, or solicitation of illegal activities or activities that are against public policy.
   6. Acts that infringe intellectual property rights, ownership rights, and other rights of third parties
   7. Acts which violate laws and regulations applicable to the activity
3. Partners must, when the Company discloses the below information, irrespective of the media or format, for the sake of the introduction of this program’s achievements or advertisement of this program, agree to it beforehand and cooperate.
   1. The name of the registering corporation to this program, as well as its corporate logo mark
   2. The name of the client that ordered the production of worlds and booths through this program, as well as its corporate logo mark
   3. Captured images of worlds and booths created with this program
4. Partners must, when subcontracting some part of the execution of this program to external parties, make sure to have the contractor abide by these Terms of Use and be held responsible for its execution.
5. The preparation and maintenance of computers, software and other equipment, communication lines and other communication environments necessary for executing this program shall be conducted at the Partner’s own expense and responsibility.

Article 6 (Ownership of Rights)

In relation to the information posted on this program and the provision of this program, all intellectual property rights, including documents rented or provided by the Company to the Partner, such as systems, softwares, SDK, API, world template, sales materials, promotional materials, study session materials, seminar materials, and any other documents, or ownership rights, copyrights including the rights defined in the Article 27 and 28 of the Copyright Act, and the moral rights defined in Article 18 to 20 of the Copyright Act, as well as all know-hows, etc. included, shall belong to the Company or the owner with legitimate authority, to which the Partner shall agree without objection beforehand.

Article 7 (Treatment of the Company’s trademarks, etc.)

1. Partners may, in accordance with the provisions of these Terms, use the trademarks and logo marks provided by the Company separately (hereinafter referred to as “the Company’s trademarks”) only for the objective of using this program. When using the Company’s trademarks not provided in the Brand Guidelines, however, Partners must inform the Company of the place and method of use beforehand and obtain the written consent of the Company.
2. The copyrights of the Company’s trademarks including the rights defined in the Article 27 and 28 of the Copyright Act and the moral rights defined in Article 18 to 20 of the Copyright Act, as well as other intellectual property rights and the beneficiary rights, including the right to apply for trademark registration, shall belong to the Company.
3. Partners shall not conduct any acts that infringe the Company’s trademarks, copyright works, and other rights and social reputation. The Partners shall, in the event they inflict damages to the Company due to the Partners’ acts, compensate the Company for the damages.
4. The Company may, when it is deemed by the Company that the usage is or is likely to be applicable to the preceding paragraph, cancel the permission to use the Company’s trademarks, whence the Partner must immediately stop the use of the Company’s trademarks.
5. Partners shall not, in regards to their own trade names, logos, branding, advertisements, social media, domain names including but not limited to the top-level domain, subdomain, and page URL, products, or services, use the Company’s trademarks or expressions that may lead to false recognition of the Company’s trademarks, unless otherwise explicitly permitted in writing by the Company before each usage.
6. Partners shall not, in regards to purchases or registrations on search engines and other cost-per-click keywords such as Google ads, trademarks, email addresses, domain names, and others, use the Company’s trademarks or expressions that may lead to false recognition of the Company’s trademarks, unless otherwise explicitly permitted in writing by the Company before each usage.

Article 8 (Non-exclusivity)

This program does not in any sense grant exclusivity, exclusive rights, or any other rights or benefits not explicitly provided for in these Terms from the Company to the Partner.

Article 9 (Termination)

1. Unless otherwise stipulated, the Company and the Partner may, for whatever reason, terminate this program at anytime after notifying the other party. However, if there is an ongoing project still in progress, without special instructions by the Company, this program will continue only for the scope of that project.
2. The Company may, upon acts of obstruction and fraud or other acts that are not acceptable for the sound operation of this program or the validity of the partner, including the Partner’s violation of these Terms of Use, suspend or terminate any or a whole part of this program. In the event of any damages to the Partner due to the suspension or termination, the Company is not held liable for the damages, and the Partner may not make any claim for compensation for damages.
3. The termination of this program shall be treated in the following manner:
   1. Partners shall return to the Company or dispose of, with the proof of disposal if asked by the Company, all assets owned or managed by the Company, including but not limited to the Company’s own assets, the contents whose rights are owned by the Company, the Company’s trademarks, and all secret information.
   2. Partners shall immediately stop displaying the Company’s own assets, the contents whose rights are owned by the Company, and the Company’s trademarks on their website or others.
   3. All rights granted to the Partner based on this program shall be immediately terminated, unless otherwise stipulated.
   4. With the exception of cases where there occur reasons specified in Paragraph 2 of this Article or violations of this program, etc., Partners are eligible to receive the payment for the remunerations to be paid by the Company to the Partner outstanding at the moment of the termination date. This, however, does not include remuneration payments that are going to arise after the termination date.
   5. If the termination is caused by reasons set forth in the Paragrah 2 of this Article or violations of this program, etc., the Company shall not make the payment for the remuneration arising for the month of judgment by the Company and afterwards. Also, if it was found that the aforementioned situation arises after the remuneration is paid by the Company, the Partner must return the applicable part of the remuneration.
   6. The following articles shall remain in full force and effect after the termination of this Program:
      Chapter 1 General Terms
      Article 2 (Scope of Terms of Use), Article 5 (Partner Rules to be Observed), Article 6 (Ownership of rights), Article 7 (Treatment of the Company’s trademarks, etc.), Article 9 (Termination), Article 10 (Confidentiality), Article 11 (Limitation of liability and compensation)
      Chapter 2 Work Regulation
      Article 12 (Scope of Terms of Use) and Article 13 (Remuneration)

Article 10 (Confidentiality)

1. Unless the prior written consent of the Company is obtained, Partners shall not disclose or divulge to third parties or copy or use for any purposes other than the execution of this program, the Company’s technology, software, business information, client information, personal information, prospective client information, financial information, marketing data, know-how, and all other information and data (hereinafter collectively referred to as “Confidential Information”). Partners shall follow applicable laws and regulations when managing personal information.
2. For all other Confidential Information, Partners shall comply with the provisions of the General Terms of Use about Confidentiality.

Article 11 (Limitation of liability and compensation)

1. In regards to the execution of this program by the Partner, with the exception of reasons directly attributable to the Company, the Company shall not take any responsibility in the event of complaints by the Client or other third parties or subsequent conflicts, where the Partner shall indemnify the Company and shall not place damages or liabilities on the Company. If such an event arises, the Partner shall, at its own expense and responsibility, deal with the complaints or conflicts and, according to requests by the Company, report to the Company about the proceedings and results.
2. The Company shall not be held liable for any damages, complaints, or conflicts inflicted upon the Partner, Client, and other third parties due to Vket Cloud, with the exceptions of Compensation Inclusions defined in the Vket Cloud Engine Terms of Use and its Service Level Agreement.
3. The Company shall not take any responsibility when the Company did not reach an agreement during a business negotiation with the Client introduced by the Partner.
4. The scope of the Company’s liability for damages to the Partner about this program shall be limited up to the amount of remunerations paid to the Partner from the Company after the damage has been inflicted, or the start of the damage if the damage is continuous, within the past 1-year period. The scope of damages shall be limited to the ordinary damages actually incurred by the Partner, which are caused directly by reasons attributable to the Company. Regardless of possibility or presence or absence of foresight, the Company shall not be held liable to damages caused by special situations.
5. The Company and the Partner shall be, with regard to their own obligations based on this program, exempted from such obligations if the execution of the obligations is obstructed, delayed, or made impossible due to fires, earthquakes, natural disasters, enactment, amendment, and abolition of laws and regulations, cyberattacks, DoS attacks, and any other reasons of force majeure.

Chapter 2: Work Regulation

The conditions applicable to the partners who carry out production and development works (hereinafter referred to as the “Works”) are as set forth below: Partners can take on the following works from Clients with active Vket Cloud license contract. If in doubt, the Partner should consult the Company beforehand and make the necessary arrangements between the Company and the Partner.

【Works】

1. Production works
   Production of the world and 3D model, building on Vket Cloud environment, etc., and their maintenance
2. Development works
   Development of software system using Vket Cloud and their maintenance/

Appendix 1

Article 12 (Scope of Terms of Use)

1. Sales and business negotiations
   1. The Partner shall notify the Company of information about the Client and their businesses with whom they will hold sales and business negotiations, including the corporate name, etc.
   2. After the notice in the preceding item and during sales and business negotiations, if there is a concerned issue for the sound process of the project, such as the inclusion of development works and other reasons, the Company may impose restrictions on taking the project.
   3. The Partner shall provide a quote to the client for the production of the virtual space.For the development works, the Company shall provide a quote.
   4. The Partner shall inform the Client of the plans and usage guidelines for the Vket Cloud license.
2. Contract
   1. The contracting parties of the Vket Cloud license agreement shall be the Company and the Client, where the contract should be signed between these two parties. The payment of Vket Cloud license fee shall be made between the Company and the Client.
   2. Once the Vket Cloud license agreement in the preceding item is signed, the Partner will become the main constituent of the contract about the production work, thereby forming a contract with the Client about the work.
   3. If there is any development work involved, the method of the contract shall be as instructed by the Company, such as a trilateral contract with the Partner, the Client, and the Company included as the constituents.
3. Production, development and maintenance service
   1. For the implementation of the Work, the Partner can use the Vket Cloud license contracted by the Client for the work. Note that the scope of license permission shall be limited to the scope of this program for the Client.
   2. The Partner shall perform this program in accordance with the Vket Cloud Engine Terms of Use and relevant regulations.
   3. The Partner shall engage in handling defects, maintenance, and inquiries about the deliverables, etc., that it has delivered. For the Vket Cloud license and related systems provided to the Client by the Company, the Company shall handle these matters.

Article 13 (Remuneration)

1. The conditions of the remuneration is as set forth below:
   1. The Client must have an active contract of Vket Cloud license.
   2. The scope of Work is Permitted under Appendix 1.
2. Partners shall be able to receive fees for their production works according to the contract entered by the Partner and the Client. Note that the transaction of the fees shall be handled between the Partner and the Client, where the Company is not held liable.
3. The paid plan usage fee for the Vket Cloud license shall belong to the Company.