VirtualCast Terms of Use

These Virtual Cast Application Terms of Use (hereinafter referred to as "Terms of Use") are for the use of Virtual Cast application (hereinafter referred to as the “Application”) provided by Virtual Cast Inc. (hereinafter referred to as “Company”). These Terms of Use define the conditions of use and shall apply to all users of the Application (hereinafter referred to as “Users”). Users shall use the Application with the consent to these Terms of Use.
If Users is a minor, the person who has the parental authority of such minor is required to confirm these Terms of Use and the minor may use the Application with the consent of the person who has parental authority. A minor who uses the Application shall be deemed to use the Application with the consent of the person who has parental authority. However, notwithstanding the above, if there is any provision of law that restricts the use of the Application by a person under thirteen years of age in the country where that person resides, such person may not use the Application.

Article 1

The Application

• 1. The Application allows Users to share virtual space with themselves or other Users. In addition, Users may use the comprehensive platform service "Virtual Cast" (hereinafter referred to as the " Platform") through the Application by connecting to the Platform, and distribute a look of a virtual space to third parties by linking with niconico, YouTube, and other video distribution services (hereinafter collectively referred to as “External Services”). For more information about using the Application, please see the ‘help page’ and (https://wiki.virtualcast.jp/) for the terms of use of the Platform
• 2. Company uses the application program interface (API) provided by YouTube for linking with Application. Accordingly, to use this Application, Users should agree to these terms of use (https://www.youtube.com/t/terms?gl=US).
• 3. Users may use Application to profit from External Services. See the FAQ page for information on related corporations (https://corp.virtualcast.jp/enterprise/qa/)regarding the extent of use and other details.
• 4. Users selling the Application in combination with their own products and/or services should use the Enterprise Edition/Business Edition, which requires a separate agreement with the operating company (hereinafter referred to as an “Individual Agreement”) in addition to the terms of this agreement. In the event that the terms herein differ from those provided in an Individual Agreement, those of the Individual Agreement shall prevail. See the corporate page (https://corp.virtualcast.jp/enterprise/) for details of the Enterprise Edition/Business Edition.

Article 2

Account

No account registration is required to use the Application. However, if Users link the Application with the Platform, Users must register accounts for the Platform. Please refer to the corporate page (https://virtualcast.jp/guide/article/how-to make-account) for how to register accounts for the Platform. In addition, if the distribution of videos is performed through an external service, the account registration of such external service may be required. For information on how to register accounts for the corresponding external services, please refer to the website of each external services.

Article 3

Handling of Personal Information

• 1. The handling of personal information such as user information by the Company shall be in accordance with the privacy policy, separately established by company at (https://virtualcast.jp/policy). Users agree to the handling of their personal information by the Company.
• 2. Notwithstanding other provisions in these Terms of Use, the Company, at its discretion, will process the users’ personal information so that it cannot identify the users individually. The users agree that the processed information (including "anonymous processing information" as defined under Article 2, Paragraph 9 of the Japanese Personal Information Protection Law) may be used for the improvement and development of the services provided by the Company (including this Application) or to be disclosed to a third party.

Article 4

Recommended Environment

• 1. The whole or part of the services provided through the Application may not be available when Users use the Application on terminal devices in the environment other than those recommended by Company. In addition, the operation of the Application is not guaranteed when the access to the Application is made through the environment not recommended by Company. Further, Company may change the recommended environment without any prior notice to Users.
• 2. Users shall, at its own expenses and responsibilities, prepare the terminal device and recommended environment required to use the Application, and shall make the Application available. In addition, Users shall, at its own expenses and responsibilities, use the Application by connecting through a telecommunications service selected by such Users.

Article 5

Users’ Responsibilities

• 1. Users shall represent and warrant that when using the Application, it shall not infringe any rights of third parties including copyrights, trademark rights, patent rights, and design rights and shall not fall under any of the prohibited acts prescribed in Article 6.
• 2. Users shall acknowledge and confirm that it shall use the Application at Users’ own risk and Company shall not bear any liability to Users. In addition, in the event that any indication of infringement of right, claim or demand, etc. (hereinafter referred to as "Claims”) is made by a third party arising out of or in connection with the use of the Application by Users, Users shall resolve such Claims at its own responsibilities and expenses. Company shall not be liable for any Claims arising out of or in connection with the use of the Application by Users, and the Users agree to indemnify Company of any and all loss and damages incurred by Company; provided, however, that this provision shall not apply where the immediate cause of the damage is attributable to willful misconduct or gross negligence of Company.
• 3. While using the Application, Users should be aware of the surrounding and safely use the Application at its own responsibility. To the extent permitted by applicable laws, Company has no liability to any Users and any third party in connection with any property damage, personal injury, or death that may occur during Users’ use of the Application.

Article 6

Prohibited Acts

When using the Application, the following acts shall be prohibited. In the event that Company determines that Users conduct any of the following acts, Company may, at its discretion and without any prior notice, suspend the use of the Application by such Users or take other measures.

• 1. Acts that infringe or are likely to infringe copyrights, trademark rights or other intellectual property rights of Company or a third party.
• 2. Acts that infringe or are likely to infringe the property of Company or a third party, or a third party's privacy rights, publicity rights or portrait rights.
• 3. Acts of pretending to be somebody else by using another person's or company organization’s name or the like.
• 4. Acts that discriminates or slanders other Users or third parties, steals other Users’ or a third party’s identity or defames or likely to defames a third party.
• 5. Acts that lead to or are likely to lead to criminal acts such as fraud, abuse of controlled drugs, child prostitution, illegal trading of saving accounts or mobile phones.
• 6. Acts of transmitting or displaying images of obscenity, child pornography or related to child abuse, or contents that would cause discomfort to a third party, or the selling of material containing such images or discomfort contents, or acts of displaying or transmitting advertisements for the sale of such images or discomfort contents.
• 7. Acts that violate or is likely to violate the Japanese Anti-Stalking Act.
• 8. Acts related to trading, auction, payment of money or any other similar act, without obtaining the consent from Company (except when such trading or dealing is permitted by the external service).
• 9. Acts of advertising and promotion of goods or services without obtaining the consent from Company, or the solicitation of spam emails, chain mails, etc.
• 10. Act of disclosing or notifying Users’ own e-mail address or telephone number, etc. to a third party.
• 11. Acts that interfere or are likely to interfere with the use or operation of the telecommunication facilities of Company or a third party.
• 12. Acts of creating or soliciting for pyramid schemes.
• 13. Acts that falsify or remove information available through the Application.
• 14. Acts of analyzing, decompiling, disassembling, or reverse engineering the Application.
• 15. Acts that develop, distribute or use illegal tools, illegal applications, pirated copies of the Application, cheat tools or other programs for the unauthorized usage of the Application, or induce or encourage third parties to do so.
• 16. Acts of transmitting computer virus or other harmful computer programs.
• 17. Acts of collecting, disclosing, or providing personal information of a third party without his or her consent.
• 18. Acts of pre-election campaign, election campaign or similar activities, or acts in violation of the Japanese Public Office Election Act.
• 19. Acts related to religious activities or recruitment of a certain organization.
• 20. Acts of using the defect of the Application for illegal purposes or transmitting thereof to a third party
• 21. Acts of inducing or soliciting persons to commit suicide.
• 22. Acts that may interfere with Company’s operation of the Application.
• 23. Acts which are deemed by Company to be using the Application as a dating site, such as contributing a message for meeting a person for sexual encounters.
• 24. Acts which are deemed by Company to be violating public policy, violating the law, or infringing Company’s right or any third party’s right.
• 25. Acts that violate any of the provision of these Terms of Use
• 26. Acts of using the Application for purposes other than the intended purposes of the Application.
• 27. Acts to be deemed inappropriate by Company.

Article 7

Intellectual Property Rights

Any and all copyrights and other intellectual property rights of images, texts, information etc. (except those created by Users) provided or acquired by or from the Application (hereinafter referred to as "Intellectual Property Rights") shall belong to Company or the third party who has granted the right of use to Company. The terms of use of the Intellectual Property Rights shall be in accordance with the guidelines separately provided by Company. The right granted to Users to use the Application under these Terms of Use does not mean that any right of the Application is transferred to Users. In addition, the Intellectual Property Rights of images and other items distributed through the Application in cooperation with external services shall be in accordance with the terms and conditions of use of the relevant external services.

Article 8

Discontinuation or Suspension

Company may discontinue or suspend the provision of the Application for any reason without prior notice. Company shall not be liable for any direct or indirect damages caused to Users arising out of or in connection with (i) the use of or inability to use the Application or relevant external services in coordination with the Application by Users, (ii) the breach of any of the provisions of these Terms of Use by the User or other Users, and (iii) the discontinuation or suspension prescribed in the preceding paragraph. In addition, Company shall not be responsible for any dispute between Users and any telecommunication company over a dispute on communication charges arising from the use of the Application by Users.

Article 9

Disclaimer

• 1. Company do not make any express or implied warranty as to the accuracy, legality, morality, up-to-date, appropriateness, etc. of the information contained in the Application.
• 2. Company recommend Users to use the Application through using the recommended environment prescribed in the service page, however, Company makes no warranty for the operational use of the Application in any circumstance, even when using such prescribed recommended environment. Depending on the terminal device and the telecommunication environment of Users, it may cause a problem to the use of the Application or it may cause the terminal device malfunction. In addition, Company may suspend the provision of the Application in whole or in part due to power outages, abnormalities in communication lines, acts of God, or other force majeure. Users shall acknowledge that there is a possibility for malfunction or suspension or other force majeure, as prescribed herein, and Users shall agree to hold Company harmless from and against any and all damages arising out of or in connection of such malfunction, suspension or other force majeure.
• 3. When using external services in coordination with the Application, Users shall comply with the terms and conditions for the use of such external services, and Company shall not be responsible for any and all disputes arising out of the use of such external services by Users.

Article 10

Change of the Application etc.

Company may, at its sole discretion, (i) change the content of the Application (including changes to functions or specifications and version upgrades of the Application), or (ii) terminate the provision of the Application. In the event that Company terminates the provision of the Application, Company will, in principle, inform Users in advance by notice or public announcement on the website of the Application or within the Application. Company shall not be liable for any damage suffered by Users arising out of the changes made to the content of the Application or termination of the provision of the Application.

Article 11

Assignment

Users shall not, assign, transfer, grant security interests, or otherwise dispose of its status, rights or obligations under these Terms of Use to any third party, without the prior written consent of Company. In the event that Company assigns the whole or part of the business relating to the Application to a third party, Company, as part of such assignment, may transfer Users’ status, rights and obligations under these Terms of Use to the assignee of such business, and Users shall be deemed to have agreed to such transfer in advance.

Article 12

Amendment of these Terms of Use

Company may amend any provisions of these Terms of Use at its sole discretion. In the event that any amendment are made to these Terms of Use, Company shall, in principle, inform Users the details of such amendments, and the effective date thereof by way of notice or public announcement on the website of the Application or within the Application, and Users shall be deemed to have agreed to such amendments if Users continue using the Application even after such amendments are made.

Article 13

Severability

If any provision of these Terms of Use is held invalid or unenforceable under any applicable laws or regulations, the remainder of these Terms of Use shall continue in full force and effect. In such event, Users shall be deemed to have agreed in advance that the invalidated or unenforceable provisions shall be replaced to the extent necessary to make such provision valid and enforceable and bring the same legal and economic effects initially intended or contemplated based on the original provision.

Article 14

Governing Law, Jurisdiction and Language

• 1. These Terms of Use shall be governed and construed in accordance with the laws of Japan.
• 2. Any and all disputes arising out of or in connection with these Terms of Use shall be exclusively brought before the Tokyo District Court of the first instance.

The official version of these Terms of Use is the Japanese version, and the English version is a translation from the Japanese version. In case of conflict or discrepancy between this English translation and the Japanese version, the Japanese version shall prevail.

Revised on April 9th, 2021
Revised on March 2th, 2023