Terms & Policies Archive

My Vket Terms of Use

These individual terms of use (hereinafter referred to as the “Individual Terms of Use”) set forth provisions, between HIKKY Co., Ltd. (hereinafter referred to as the “Company”) and Users (defined in Article 5), regarding the use of the Service (defined in Article 5). The Individual Terms of Use constitute agreements between the Company and Users regarding the Service. Users are requested to read the entire text carefully before agreeing to these Individual Terms of Use.

Introduction

Article 1 (Account Registration and Management)

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

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

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

Article 3 (Agreement to the Terms of Use)

Users may not use the Service if they do not agree to all provisions in the Basic Terms of Use, including the General Terms of Use, and the Individual Terms of Use. By clicking "Agree" upon subscribing for the use of the Service, or by browsing, entering, downloading, installing or using the Service, it is deemed that a User has understood and agrees to all the provisions of the Basic Terms of Use, including the General Terms of Use, and each individual terms of use or the Rules.

Article 4 (Measures upon Violation)

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

Chapter 1 Basic Matters

Article 5 (Definition)

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

Article 6 (Usage Fees)

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

Article 7 (Intellectual Property Rights of the Service)

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

Article 8 (Use of Third Party Services)

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

Article 9 (Limitation on Features)

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

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

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

    ※Examples of the Company’s usage:

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

Article 11 (Survival Clauses)

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

Chapter 2 Creation

Article 12 (Copyright of Products)

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

Article 13 (Licensing Conditions for the Company Contents)

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

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

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

Article 14 (Precautions for Uploading)

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

Chapter 3 Store

Article 15 (Overview of the Store)

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

Article 16 (Purchase of Contents)

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

Article 17 (Handling of Content with a Defect, etc.)

  1. All purchases of Contents are final and may not be returned. However, if the purchased Content is damaged, the description of the Content and the downloaded Content are clearly different, or otherwise there is a defect in the purchased Content, the Company may take such measures as exchanging the Content with a defect-free Content (hereinafter referred to as “Exchanging”) or refund for the Purchaser only when the Purchaser requests return in accordance with the method predetermined by the Company and when the Company approves it. In the event that the Company decides to solve the issue by Exchanging, the Seller who sold the relevant Content shall provide the Company with the Content without any defects.
  2. When the Company decides to refund for the Content with a defect, the Company may request the Seller to pay for the refund, and the Seller shall comply with the request.
  3. In a case where a defect in the Content is caused by equipment, software, or other environment use by the Purchaser, the Purchaser may not request the Company for Exchanging or refund. Even in such a case, the Seller who provided the Content shall provide support to the Purchaser as much as possible.

Article 18 （Sales Commission）

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

Article 19 (Prohibited Items for Sale)

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

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

Article 20 (Licensing Conditions of Exhibited Contents)

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

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

Article 21 (Disclaimer)

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

Article 22 (Handling of Problems)

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

Chapter 4 Playing, etc.

Article 23 (Communications in Virtual Space)

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

Article 24 (Medals)

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

Article 25 (Event)

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

Chapter 5 Prohibited Acts

Article 26 (Prohibited Acts)

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

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 a User regarding the Service, and the terms used in the Individual Terms of Use shall have the meanings defined in the General Terms of Use and Basic Terms of Use, etc., unless otherwise specified.

Scope of the General Terms of Use and Rule

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. With regard to matters not stipulated in the Individual Terms of Use, provisions such as 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, shall apply unless their application is excluded under the Individual Terms of Use.

Agreement to the Terms of Use

By agreeing the Individual Terms of Use or using the Service, it is deemed that a User understood and agrees to all the contents of the Basic Terms of Use, including the General Terms of Use, and the Individual Terms of Use and a contract for the use of the Service based on the Individual Terms of Use shall be concluded between the User and the Company.

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.

Chapter 1: General Provisions

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 Products of the Service, the registration as a Member is required.
  3. A “Seller” means the Member who has registers/lists the Product, either for free or for a fee, using the functions of the Service.
  4. “The Registered Information” means information of the Member, which the Member has provided to the Company.
  5. “The Product” means the items that the Seller of the Service registers or lists to the Member, either for free or for a fee.
  6. A “Child Item” means a derivative work created by a Seller, when registering self-made Products, by adapting the Products 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 “Purchaser” means a Member who has purchased the Products in the Service.
  8. A “Collaboration Setting” means a setting in which, when a Seller registers Products created by two or more Sellers, including himself/herself/itself, sales of such Products are divided among the two or more Sellers 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 Seller 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 Products with a defect-free Products in the event that there is a defect in the Products, that a Purchaser 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. The Members can register/list their own Products through the Service.
  2. The Members can use the Products by purchasing and downloading them through the Service.
  3. Obtaining the Vket Account of the Service and registering of the Member as specified in the Article 4, the Member may register/list the Product through the Service by the Company.

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 Products.
  2. 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 Individual Terms of Use. If any provisions of the Individual Terms of Use contradict or conflict with the explanations or other descriptions on the Service, the provisions of the Individual Terms of Use shall prevail, unless otherwise specified.

Article 4 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. The Company will not approve the registration of the Member from an applicant for the Service 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 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 Individual Terms of Use.
    1. In the case that the Member violates the Article 7 (Prohibited Matters).
    2. In the case that the Seller’s Product is determined to be inappropriate as specified in the Article 21 (Prohibited Items for Registration and Listing).
    3. In the case that the Member has been previously subjected to suspension or cancellation of the use of the Service under the Article 8.
    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 5 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 Seller 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 Seller 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 Individual Terms of Use.

Article 6 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 Products 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 Member shall be deemed to represent that the Member concerned has agreed to forward the information on the Seller 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 Seller 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 7 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. Sharing, duplicating, publicly posting or distributing the Product of other Sellers without permission.
  2. 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.
  3. Decrypting of the Products registered by Seller by reverse engineering, decompiling, or disassembling.
  4. Finding and plagiarizing arbitrary source codes of the Products of Sellers and the Service.
  5. 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.
  6. Trying to collect the personal information of other Members or a third party without obtaining consent.
  7. Insisting of a false affiliation by impersonating an individual or group.
  8. Posting of product descriptions, thumbnail images, etc. on a sales page or other pages that fail to represent details or realities of the Product accurately or are misleading.
  9. Selling, by a Seller, of the Product that is prohibited from being sold in the Service.
  10. Conducting fictitious transactions.
  11. 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.
  12. Other behaviors that the Company determines as inappropriate.

Article 8 Measures to Stop the Use and Compensation for Damages

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 the Member has violated the Article 21 (Prohibited Items for Registration and Listing).
  2. In the case that the Member has violated or the Company has determined that the Member is likely to violate Article 7 (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 Individual Terms of Use other than the cases described in the preceding subparagraphs.
  7. In other cases where the Company has determined as necessary.

Article 9 Action against Illegal Uploading

  1. If a Member believes that a Product registered in the Service infringes on the rights of a third party, such as copyright, he/she may report the Product to the Company, along with information about the original work.
  2. If a member suspects that a Product registered in the Service has been illegally uploaded to a website or service on the Internet, he/she may report the details of the suspected infringing website or service to the Company, along with information about the Product in question.
  3. If the Company determines that the Product registered in the Service infringes on the rights of a third party, such as copyright, the Company may delete the Product in question without prior notice to the Member.
  4. If there is a suspicion that the Products registered in the Service have been illegally uploaded to the Internet, the Company may request an investigation of the suspected infringing website or service, or the deletion of the relevant work, etc.
  5. The Company shall not be held liable for any damages incurred by the relevant Seller or any third party involved as a result of the deletion, etc. set forth in the preceding paragraph.

Article 10 Disclaimers

  1. The Company shall not guarantee that a Seller will obtain a certain amount of sales through the use of the Service.
  2. A Seller shall backup the necessary information for the sales of his/her own Products 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. 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.
  5. The Company shall not guarantee the operability of any equipment and software used by the Member during the use of the Service.

Chapter 2: Rules for Purchasers

Article 11 Purchasing of the Product

  1. When purchasing a Product, the Purchaser shall follow the method of transaction, the method of payment and the deadline for payment as specified by the Company within the functions of the Service.
  2. Price of the Products is indicated for each Product on the product page and on the payment settlement page.
  3. It is assumed that a sales contract for the relevant Product has been concluded between (i) the Seller and the company (consignment purchase) and (ii) the Company and the Purchase at the time when the specific purchase procedure for the Product on sale is completed by the Purchaser. The Purchaser shall not transfer to a third party, provide as security, or make other dispositions of any rights and/or obligations under the sales contract.

Article 12 Ownership of Rights and Actions to be Taken for Violations

  1. The Purchaser may use the Product in accordance with the terms and conditions of use stipulated in the Product.
  2. The information and copyrights for the Product that is registered or published using the Service belong to the Seller of the Product. However, this does not apply to items for which the rights belong to the Company or a third party.

Article 13 Handling of the Product with a Defect, etc.

  1. All purchases of the Products, which are digital contents, are final and the Products may not be returned as a general rule. However, the Company may take such measures as Exchanging or Refunding for the Purchaser if the purchased Product is damaged, the description of the Product is clearly different, or otherwise there is a defect in the purchased Product and the Purchaser requests return in accordance with the method predetermined by the Company and when the Company approves it.
  2. The deadline for making a request for a return, etc., as mentioned in the preceding paragraph, shall be the period specified by the Company in the indication based on the Act on Specified Commercial Transactions. However, for defects that the Company reasonably deems cannot be discovered immediately, the Company may take a different course of action, regardless of the above deadline for making a request.

Chapter 3: Rules for Sellers

Article 14 Purchasing of the Product

  1. When purchasing a Product, the Seller shall follow the method of transaction, the method of payment and the deadline for payment as specified by the Company within the functions of the Service.
  2. Price of the Products includes consumption tax, and the Seller shall bear the consumption tax and other taxes levied on the Product.
  3. It is assumed that a sales contract for the relevant Product has been concluded between (i) the Seller and the company (consignment purchase) and (ii) the Company and the Purchaser at the time when the specific purchase procedure for the Product on sale is completed by the Purchaser. The Seller shall not transfer to a third party, provide as security, or make other dispositions of any rights and/or obligations under the sales contract.

Article 15 Sales Agency Commission for the Service

  1. The Sales Commission for the Service shall be 4.9% of the amount of sales (including the consumption tax) of the Products registered by a Seller.
  2. The Company shall be authorized to receive the payment from the Purchaser, and will receive the equivalent amount of the payment from the settlement company or agency (including PayPal, etc.).
  3. The Company shall be authorized to receive the amount of return to be paid for Child Items sold and the Product 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.
  5. The Company will pay the Seller the amount obtained by deducting the Sales Commission from the sales amount of the Product registered by the Seller (if there is a distribution amount under Articles 16 and 17, the amount obtained by adding the distribution amount).
  6. When the Seller receives the sales amount as per the preceding paragraph, the Seller must apply for the transfer as specified by the Company. Until the transfer application is made, the sales amount will not be transferred.
  7. If the Seller applies for a transfer, the Company shall transfer the balance calculated by subtracting the bank transfer fee from the amount applied to the bank account designated by a Seller 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.
  8. 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 Seller 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.
  9. If a bank transfer is not completed successfully even though the Company has completed the procedures for a bank transfer according to the paragraph 7 of this Article, the Company shall notify a Seller concerned to that effect in such manner as the Company deems appropriate. If, after sending such notice, the Seller concerned does not notify the Company after taking necessary measures (including, but not limited to, confirmation and correction of his/her account information), or if the transfer made according to the paragraph 8 of this Article is not completed successfully, the Company may deem that the Seller concerned waived his/her right to claim payment of the amount of sales that has not been transferred.

Article 16 Related Items

  1. When a Seller sets the Product 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. “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 Product created as a Parent Item, it is necessary to set the return ratio between 0% and 30%.
  2. A Seller, when registering the Product created by himself/herself, can register the Product 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 commission for the Service from the amount of sales for the Product. In this calculation, the fractions shall be treated as the amount to be paid to the seller of the Child Item.

Article 17 Collaboration Setting

  1. A Seller may configure a Collaboration Setting in accordance with the method predetermined by the Company when registering Products created by two or more Sellers, including himself/herself/itself.
  2. When making a Collaboration Setting for the Product, the persons concerned must make a necessary agreement appropriately in advance and then set the following conditions when registering the Product. The Company has the right to take any actions the Company deems necessary, such as making inquiries about setting items, to Seller 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 Seller who will receive a share of the sales proceeds directly from the Company when the Product 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 Product with the Collaboration Setting is sold.
  3. After the Product 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 Commission for the Service from the sales of the Product, 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 Product 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 18 Handling of the Product with a Defect, etc.

  1. If the Company decides to carry out the Exchanging as stipulated in Article 13, the Seller of the Product in question shall provide the non-defective Product by the deadline specified by the Company in accordance with the method specified by the Company.
  2. When the Company handles the matter by Refunding, the Company may demand the payment of the amount of refunding concerned to the Seller concerned and the Seller 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 Seller who is the registrant of the Parent Item shall comply with the demand.
  3. In the case that a defect in the Product is caused by equipment, software, or other environment on the side of the Purchaser, the Company will not handle the matter by Exchanging or Refunding. Even in such a case, the Seller who provided the Product concerned shall provide support to the Purchaser concerned as much as possible.

Article 19 Handling of Problems

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

Article 20 Representations, Warranties and Other Obligations

  1. Regarding the Product listed by a Seller and the result of posting or disclosing of the Product, a Seller shall assume the responsibilities by himself/herself, and confirms, represents and warrants that:
    1. he/she is the creator, owner and have the right to dispose of the Product; or
    2. he/she has the license, the right, the consent, the permission and other appropriate authority to use and distribute the Product as needed to the Member who uses the Service.
  2. Regarding registering/listing of the Product and expected use of the Product, a Seller 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 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 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 Product or whose product descriptions can lead to confusion, or does not sell without providing sufficient explanations, etc.
  3. A Seller involved with the Product with Collaboration Setting (including a Representative for Collaboration Setting and a Persons eligible for collaboration) confirms, represents and warrants all items specified in the paragraphs 1 and 2 of this Article.
  4. If the Seller posts on the Service a work for which the Seller has obtained permission from a third party who owns intellectual property rights such as copyrights, trademark rights, or design rights, the Seller must obtain permission from the rights holder of the relevant intellectual property rights at its own responsibility, and the Company shall not be liable for this in any way.
  5. If a problem arises as a result of a violation of the preceding paragraph, the Sellers shall resolve the problem at their own expense and responsibility, and the Company shall not be held responsible in any way.

Article 21 Prohibited Items for Registration and Listing

A Seller shall not register/list the Products 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 that contains an illegal item, a generally offensive item, a pornography, intimidation, defamation, slander, malice, etc., or that is possibly considered as incorrect or otherwise inappropriate.
  4. The item whose transfer or resale is prohibited by the contract or other appropriate agreement for the Product.
  5. The item that can be abused.
  6. The item whose selling or owning is restricted by a law or an ordinance.
  7. The item that the Company determines otherwise as inappropriate.

Article 22 Ownership of Rights for the Product

The information and rights such as copyrights, etc., for the Product that is registered or listed using the Service belong to the Seller of the Product. However, this does not apply to items for which the rights belong to the Company or a third party.

Article 23 Use of Product Information, etc.

The Company shall be able to use, free of charge and without conditions, the images and information of the Products that Members have made public on the Service for the purpose of advertising and promoting the Service. In this case, the information of the Seller and the author indication for the relevant Product may be omitted.

Version: 5
Updated: December 13, 2022
March 15, 2023
May 31, 2023
Last updated; January 15, 2025
This English version is provided solely for reference purposes. Should there be any discrepancy between the Japanese and English versions, the Japanese version will take precedence.