The following provisions of Vessk Application Terms and Condition (hereinafter referred to as “Terms”), set forth by Vessk LLC (hereinafter referred to as “Company”), the provider of virtual reality software platform service “Vessk” (hereinafter referred to as “Service”), shall apply to those who use the Service (hereinafter referred to as “User” or “Users”).

Whereas, VR games and other individual services (hereinafter referred to as “Individual Services”) are provided by their respective service providers (hereinafter referred to as “Individual Service Providers”) through the Service.

Whereas, these Terms also include the terms and conditions of membership service provided by the Company for the purpose of smoothly providing Individual Services to Users.

Article 1 (Application of Terms)

1.1 When using the Service, Users shall additionally comply with any agreements and terms of service with the relevant third parties, including terms and conditions, guidelines, agreements, conditions of transactions, and instructions and directions for use set forth by Individual Service Providers, issuers of prepaid payment instruments, or payment service providers.

1.2 Guidelines, agreements, terms and conditions, and instructions and directions for use in relation to these Terms (hereinafter referred to as “Individual Terms”) shall indicate the interpretation of these Terms and constitute a part thereof. In the event of any inconsistency between the provisions of the Individual Terms and these Terms, the latter shall prevail.

1.3 The Company shall have the right to, at any time, revise the contents of these Terms. In this case, the Company shall notify or post a notice to Users of the revised contents in a manner specified by the Company. The revised Terms shall take effect at the time when such notification or posting is made by the Company in accordance with the preceding paragraph.

1.4 If a User does not agree with the contents of these Terms or Individual Terms, the User shall stop using the Service immediately. The Company shall deem that a User has agreed to the revised Terms without objection at the time when the User made use of the Service.

1.5 Even if any part of these Terms and Individual Terms is determined to be invalid in accordance with laws and regulations, the validity of the remaining provisions shall not be affected.

Article 2 (Minor User)

2.1 A User under the age of majority as defined by the laws and regulations of the country/region in which the User resides (hereinafter referred to as “Minor User” or “Minor Users”) shall confirm these Terms together with a person with parental authority of the User or his/her legal representative (hereinafter referred to as “Legal Representative”) and obtain consent of such Legal Representative before agreeing to these Terms. Also, for the use of the paid contents included in the Service (hereinafter referred to as “Paid Contents”), Minor Users must obtain consent thereof.

2.2 In the event that a Minor User uses the Service by falsely claiming to have obtained consent of Legal Representative despite the lack thereof or, in terms of age, to have come of age, or otherwise uses fraudulent means to make others believe that he/she is capable of acting, the Minor User and Legal Representative shall not be able to cancel any and all legal acts conducted within the Service.

2.3 If a User who was a minor at the time of agreeing to these Terms uses the Service after coming of age, the User shall be deemed to have affirmed the acts of use before coming of age.

2.4 The Company may restrict the use of all or part of the Service depending on the age of Users. The subject and content of the restrictions shall be notified separately in the Service.

Article 3 (Account)

3.1 Upon commencement of use of the Service, the Company shall automatically grant a guest account to the User. This shall not apply if the User has already registered as a member as stipulated in Article 6.

3.2 All Users shall properly manage their own account for the Service (including the guest account as stipulated in the previous paragraph, the membership information as stipulated in Article 6, and the account data and password as stipulated in 4.1, hereinafter collectively referred to as “Account”), and shall bear all responsibility for its use and management. The same shall apply to the account granted by the services linked to the Service.

3.3 The Company shall grant a non-exclusive license to Users to use the Service and Account. Users shall use them only within the scope of use prescribed by the Company.

3.4 In the event that a User loses or leaks his/her own Account, the User shall immediately notify that effect to the Company and, if any, follow the instructions of the Company.

3.5 The Company shall deem the use of the Service made using the User’s Account as the use by the User in question. In addition, if the legitimate User of the Account is unknown, the Company shall deem the person actually using the Account to be its legitimate User. In this case, notwithstanding the notification as prescribed in the preceding paragraph, the Company shall not be responsible for any damages or consequences incurred by such User or third parties in relation to the use of such Account.

3.6 In the event that there is no actual use of all or part of the Service by the User for a period of time separately prescribed by the Company, the Company may delete all or part of its User’s Account. Unless specified otherwise, such period shall be one year.

Article 4 (Account Data)

4.1 All Users shall not be given any ownership rights, intellectual property rights and other relevant rights in or to the User’s Account for the Service, or any account data contained therein, including digital items, user name, level and other status and title (hereinafter referred to as “Account Data”). Account Data shall be merely digital data that the Company has the rights to and grants to Users on a non-exclusive basis, and shall not have any monetary value, including those provided for a fee, unless otherwise stipulated by laws and regulations.

4.2 If the content or quantity of User’s Account Data is found inconsistent with the usage of the Service, the Company may correct it without prior notice to the User in question.

4.3 The portion of User’s Account Data that has been separately agreed to be disclosed may be made available to other Users within the scope specified by the Company.

Article 5 (Inquiry)

Any inquiries from Users regarding the Service shall be accepted through the inquiry form provided separately by the Company (URL: https://vessk.co.jp/support-vessk/).

Article 6 (Vessk Membership and Registration)

6.1 The Company shall provide the membership services to those who have applied for membership registration to the Company in accordance with this Article, have had the application accepted by the Company, and have been granted eligibility to use members-only services (hereinafter referred to as “Membership Services”) of the Services (hereinafter, such person/persons shall be referred to as “Vessk Member” or “Vessk Members”).

6.2 Those who wish to become a Vessk Member (hereinafter referred to as “Applicant’”) shall apply for membership to the Company in accordance with the method specified by the Company, in addition to agreeing to these Terms and providing the Company with the information specified by the Company for registration (hereinafter referred to as “Registration Information”’) without omission on the information input screen.

6.3 Notwithstanding the preceding paragraph, any person who falls under any of the following items shall not have the right to apply for the membership. In addition, the Company may examine the application for membership made in accordance with the preceding paragraph, and as a result, may reject such application.

When the Applicant has already become a Vessk Member.
When the Applicant is a member of or has a relationship with a crime syndicate, a syndicate-affiliated company, an extortionist, or any other antisocial forces.
When the Applicant is a minor who has not yet obtained consent of his/her Legal Representative.
When all or part of Registration Information provided to the Company is false, misdescribed, or omitted.
When the Applicant violates or has violated any contract or agreement related to the use of services provided by the Company, its group companies and partners.
When it is found that the Applicant is likely to violate these Terms.
When the Company otherwise deems it inappropriate to provide the Applicant with the Service.

6.4 When the Company accepts an application for membership, the Company shall grant Account to the Applicant.

6.5 Even if the Company rejects an application for membership, it shall not disclose the details of the screening process. In addition, the Company shall not be responsible for any damages or consequences incurred by the Applicant or third parties as a result of such rejection.

Article 7 (Posted Information)

7.1 As a part of the Service, the Company may provide a service that allows Users to record and store their game play and purchase history, and to post comments such as evaluations for the applications (hereinafter collectively referred to as “Comments”).

7.2 Users shall bear all responsibility for the information and Comments transmitted or posted through the Service.

7.3 Users shall take into consideration that some Comments may be made available to the public, and shall not transmit or disclose the Account, password, trade secrets and any other personal information of their own and third parties (including, but not limited to, first name, last name, address, telephone number, e-mail address, school name, and personal information as defined in the Act on the Protection of Personal Information).

7.4 Users shall set forth and swear to the Company that they have the legal rights to transmit or post the Comments and that they do not infringe the rights of any third parties. When the consent of a third party is required to transmit or post them, the User must obtain consent thereof and abide by it under the responsibility and at the expense of the User.

7.5 The Company may use texts, images, ideas and Comments posted by Users (including any and all information related to the Service and transmitted by Users to the Company, hereinafter collectively referred to as “Posted Information”). Such use may be made in any manner, for an indefinite period of time and without compensation, and include any and all use such as reproduction, copying, editing, and alteration. Also, the Company may permit third parties to make such use.

7.6 If deemed necessary, the Company may, without prior notice, browse User’s Posted Information, regardless of whether before or after it is made public, modify or delete all or part of it or, as necessary, disclose it to public institutions or other third parties.

7.7 The Company shall not be obligated to investigate, monitor, modify, delete or take any other measures with regard to the content, use, or legality of Posted Information. Even in the event that the Company takes measures to investigate, monitor, modify, or delete Posted Information, the Company shall not explain the reasons and backgrounds that led to such measures. In addition, the Company shall not be responsible for any damages or consequences that may occur to Users or third parties in relation to the content of Posted Information or the failure to take action thereon.

Article 8 (Membership Information)

8.1 If there are any changes to the Registration Information, the Vessk Member shall promptly notify the Company to that effect in the manner prescribed by the Company. Unless such notification is made, the Company shall deem that the Registration Information has no modification. The Company shall not be liable for any damages or consequences incurred by Users or third parties as a result of Vessk Members failing to notify the Company of such changes.

8.2 Vessk Members shall agree that, in accordance with the Act on the Protection of Personal Information and other laws and regulations, acts, orders established pursuant to acts and prefectural or municipal ordinances (hereinafter collectively referred to as “laws and regulations”), and these Terms and privacy policy separately stipulated by the Company, the Company shall handle Account Data as defined in Article 4, membership and personal information as defined in Article 6 and Comments and Posted Information as defined in Article 7. These information shall include, but not limited to, first name and last name, address, telephone number, email address, school name and other personal information as defined by the Act on the Protection of Personal Information, purchase history, information related to the Account, information of the possessing digital items, nickname of the Vessk Member and contents of profile, and other Posted Information (hereinafter collectively referred to as “Member Data”).

8.3 Vessk Members may withdraw from Vessk Membership by notifying the Company to that effect in accordance with the method specified by the Company.

8.4 A Vessk Member may be deemed to have withdrawn from Vessk Membership without prior notice if he/she has not used the Services as a Member for more than 365 days from the last date of use.

8.5 The Company shall not be liable for any damages or consequences incurred by the Vessk Member or third parties due to the withdrawal of Vessk Membership or the Company’s deletion of whole Member Data or any part thereof.

Article 9 (Rights)

9.1 The intellectual property rights and all other rights relating to the Services, including those relating to inventions, devices, designs, trademarks, emblems, images, videos, texts, programs and all other information contained in the Services, shall belong to the Company or the third party whom the Company have granted permission to use them.

9.2 Any Users shall not lend, exchange, transfer, sell, or pledge any rights or obligations that have arisen between the Company and the User with respect to the Service, and shall not allow any third parties to use the Service regardless of the method. In addition, any Users shall not inherit his/her rights and obligations and Account to other Users or third parties.

Article 10 (Vessk Coins)

10.1 Vessk Members may purchase Vessk Coins using the payment instrument and method and in the amount specified by the company. Information of Vessk Coins such as the price, purchase unit, purchase limit, and terms of validity shall be displayed on the purchase procedure in the Service.

10.2 Paid services within the Service shall require Vessk Members to use a specific number of Vessk Coins, and such Vessk Coins shall be consumed upon acceptance to use the paid service in question.

10.3 The Company shall reserve the right to set maximum purchase and holding limits for Vessk Coins.

10.4 Vessk Coins shall be valid for 365 days starting from the last date when Vessk Coins were used (the date of purchase or consumption, whichever is later). If there are any Vessk Coins provided free of charge, they shall be consumed in priority to the purchased Vessk Coins.

10.5 When a User’s license to use the Service is terminated, Vessk Coins shall expire with the termination of the license.

10.6 Vessk Coins shall not be transferred to, loaned to, or shared with any third parties.

10.7 The Company shall not issue refunds for Vessk Coins unless required by laws and regulations or deemed unavoidable by the Company.

Article 11 (Changes of the Service)

11.1 The Company shall reserve the right to change the content and specifications of the Service and Member Data, as well as the prices of paid content, without prior notice to Users. Such changes may result in changes to the performance, effectiveness, or usefulness of the paid content purchased by the User.

11.2 The Company may suspend, discontinue, or terminate the provision of the Services without prior notice to Users.

11.3 The Company may transfer the business related to the provision of the Service to a third party without the consent of Users. In this case, the Company may transfer its contractual position in relation to the Service, rights, obligations, data and all other items based on the Service and these Terms to the assignee of the transfer in order for Users to continuously use the Service. The Company shall, without delay, notify or post a notice of such transfer to Users in a manner specified by the Company.

Article 12 (Prohibited Acts)

12.1 Any Users shall not commit any of the following acts or acts that may fall under the items. The Company shall determine whether the User’s act falls under such items.

Violation of Laws and Regulations

An act that violates laws and regulations, court judgments, decisions, orders, or legally binding administrative measures
An act against public order and morals
Provision of benefits to antisocial forces
An infringement action on the intellectual property rights, portrait rights, privacy, dignity, or other rights or interests of the Company or any third parties.

Transmission of Inappropriate Information

Transmission, posting, or disclosure of the following information. Such information shall include homonyms and obscure and guessing characters and such act includes transmitting, posting, or disclosing links.
Information that violates laws and regulations (including, but not limited to, information related to crimes)
Excessively violent, cruel, or discriminatory depictions or information that may offer the feeling of discomfort to others
Information that slanders the Company or third parties or causes disadvantage thereto
Information that contains obscene expressions which the Company deems are reminiscent of sexual matters, regardless of its artistry
Information for the purpose of meeting, dating, or engaging in obscene behavior with an unacquainted third party, regardless of gender
Information that may have an adverse effect on Minor Users
Information that includes expressions to induce, solicit, or encourage suicide or self-injury
Information that includes expressions to encourage the sale or inappropriate use of any dangerous drugs
Information regarding religious or political activities
Information related to the promotion, publicity, or solicitation of religious, political or other organizations
Promotional information for the purpose of profit-taking
Information related to the promotion, publicity, or solicitation of Pyramid Schemes or network businesses
Spam or similar information
Information that promotes the spread of computer viruses and other harmful programs
Personal information of a User or a third party
Information related to problems with or illegal activities of the Service
False Information
Other information that the Company deems inappropriate
An act of collecting personal information, passwords, credit card numbers or account information, or soliciting the provision of such information.

Profit-taking Activities

Profit-taking activities on the Service.
An act of transferring, lending, exchanging, selling, sharing, or pledging all or part of Member Data, including Account and Account Data.
An Act of soliciting, giving, or receiving donations, contributions, or offerings.

Unauthorized Access

An actual act or attempt that disables or breaks through the encryption or security measures applied by the Company
An act of illegally acquiring or using all or part of an Account, including conducting such an act by taking advantage of defects in the Service
Unauthorized access to the Service’s server, data theft, use of programs that cause the software to perform unauthorized processing, use of tools to obtain information, or use of tools to gain an unfair advantage in the game
An act that takes advantage of defects in the Service to bring benefits to oneself or a third party or disadvantages to the Company or a third party
An act that places an excessive burden on the servers of the Service, including the one that uses tools to access the Service to do so
Decompiling, disassembling, reverse engineering or other analysis of the data or programs of the Service, or duplicating (including reprinting), editing, modifying or adapting them
Creation of multiple accounts
An evasive action against the above-mentioned items by recreating an account despite having been subjected to restrictions on account functions or suspension of use

Acts of Obstruction

An act that interferes with the use of the Service by other Users, or that poses a problem for the said use
Unreasonable inquiry and request in excess of the legal responsibility to the Company, its customer service representative or third parties, including repeating the acts similar or identical thereto more than necessary
Stalking and other acts of annoyance or harassment toward other Users, the Company, or third parties
An act of solicitation or guiding other Users to the service outside the Service

Other Illegal Acts

Request of the refund of the usage fee without any justifiable reason.
An act of impersonating the Company, its officers or employees, or any third party.
An act against the intent or purpose of these Terms, Individual Terms and the Service
An act against these Terms and Individual Terms
An act that requests, encourages, aids or abets the activities forbidden by these Terms or Individual Terms
Any other acts the Company deems inappropriate

12.2 When the Company confirms the prohibited acts of a User, the Company shall take one or more of the following measures to the User without prior notice.

Temporal suspension to use the Service
Modification of Account Data and Member Data, including deletion of digital items
Temporal suspension to use the Account
Other measures such as suspension or modification deemed necessary by the Company

In addition, if the User has repeated the prohibited act, or it is determined that a particularly malicious prohibited act has been committed even once, the Company shall add the following stricter measures.

Revocation of membership qualification
Indefinite account suspension and refusal to register a new account.

Even if these actions are taken, the Company shall not respond to any questions from the said User including the one regarding the reasons and circumstances that led to these actions.

12.3 In the event that a User’s membership is revoked or his/her Account is suspended indefinitely, the User shall be denied the use of the Service at all thereafter. Vessk Coins and other digital items shall not be refunded in cash or exchanged for money, including when the Service is terminated. In addition, once the User’s membership has been revoked, Member Data shall not be restored.

12.4 The Company shall not be liable for any damages incurred by the User as a result of measures taken by the Company in accordance with the preceding two paragraphs.

Article 13 (Termination)

13.1 In the event that a User violates these Terms, Individual Terms, or the terms of use of other services provided separately by the Company, the Company may, without any notice, terminate the contract for the Service, or suspend, discontinue or terminate the provision of the Service to the User. Whether or not such act constitutes a violation shall be determined at the discretion of the Company.

13.2 Even when the Company terminates the contract in accordance with the preceding paragraph, the User shall continue to be liable for all debts that have become payable up to and including the date of termination.

Article 14 (Disclaimer)

14.1 The Company shall not be responsible for any effects on the User caused by the Company’s measures based on these Terms and Individual Terms including the suspension of use of the Account, modification of Account Data and Member Data. Such responsibility shall include the refund of the usage fee to the User and the same shall apply hereinafter.

14.2 The Company shall not be responsible for any effects on the User caused by natural disasters, social upheavals, strikes, fires, power outages, stoppage of communication infrastructure or any other reasons beyond the control of the Company.

14.3 With respect to the Service and the information provided by the Company within the Service, the Company shall not, express or implied, provide any warranties to completeness, accuracy, merchantability, fitness for a particular purpose and non-infringement. Such warranty shall include the usability of Services in any environment, retency of the registered account data and Member Data of Users and the absence of defects and errors in the Services. The Company also shall not assume any responsibilities for them, either.

14.4 The Company shall not be responsible for the loss of User’s whole or part of Accounts or the inaccessibility to the Service due to the damage, data deletion, loss, theft, change or malfunction of the User’s communication device, or disclosure, loss or forgetting of the password, including the failure to set the password or inadequate setting thereof.

14.5 The Company shall have no concern with or no responsibility for any disputes arising between a User and a third party, including other Users, Individual Service Provider, platform provider, payment service providers and, if any, the provider of advertisements displayed within the Services on certain platforms. The Company also shall not be responsible whatsoever for information posted by third parties, services provided thereby (including Individual Services, advertisements that may be displayed within the Service on specific platforms, and services that are the subject of such advertisements) or activities conducted thereby.

14.6 In the case of using the Services, Users shall avoid excessive use that may disturb a good life environment and shall pay attention to making a safe use of the Services with consideration to the immediate environment. The Company shall not be responsible for any social, mental or physical damages incurred by the User due to the use of the Service that deviates from the socially appropriate scope, or due to an accident during its use.

14.7 The Company may provide information and advice to Users from time to time. Users shall handle them at their own risk, and the Company shall not be responsible for the results derived therefrom.

14.8 In the event that a third party lays a right, makes a complaint, or demands compensation for damages (hereinafter referred to as “Claims”) against the Company in relation to the use of the Service, the User shall handle such Claims at the User’s responsibility and expense.

Article 15 (Compensation for Damages)

15.1 Notwithstanding the preceding Article and other provisions of these Terms, the Company’s liability for damages incurred by a User in relation to the Services (excluding the paid content for Individual Services and in-app currency issued by the Company for a fee and dedicated for Individual Services) for reasons attributable to the Company shall be limited to the amounts stipulated below. However, this shall not apply to the cases where the User suffers damage due to the intentional act or gross negligence of the Company.

Paid Vessk Coins

The amount equivalent to the amount of the paid Vessk Coins lost by the User due to such damage.

The content purchased through the Service

The amount equivalent to the amount of the paid content lost by the User due to such damage.

15.2 In the event that a User causes damage to the Company due to a violation of these Terms or Individual Terms or for any other reason attributable to the User, or the Company covers the related costs on behalf of a User, including reasonable legal fees borne by the Company in response to the Claims, the User shall indemnify the Company for such losses and fees.

Article 16 (Governing Law and Agreement Management)

16.1 The Services, these Terms and Individual Terms shall be governed by the laws of Japan.

16.2 The Tokyo District Court shall be the court of exclusive jurisdiction in the first instance in the event that a lawsuit arises between a User and the Company regarding the Service, these Terms or Individual Terms.

Article 17 (Non-waiver)

Even in cases where the Company does not exercise its rights under these Terms and laws and regulations, this shall not constitute a waiver of such rights, and the Company may still exercise them.

Article 18 (Language)

18.1 Even if these Terms are translated into a language other than Japanese, the translated version shall be provided for the sake of convenience of Users, and only these Terms written in Japanese shall apply to the contractual relationship between Users and the Company.

18.2 In the event of any discrepancy between the content of these Terms in the original language and the translated version, these Terms in the original Japanese language shall prevail.

Article 19 (Confidentiality)

Users shall handle, in confidence, any non-public information disclosed by the Company to Users in relation to the Service, with the request that it be handled in confidence. This shall not apply if there is prior written consent from the Company.

Article 20 (Privacy Policy)

The Company shall, in a strict manner, handle the personal information provided by Users or obtained by the Company through the Service in accordance with the separately stipulated Privacy Policy. The Company shall use such information for the purpose of operating the Service, including customer support and marketing. In addition, the Company may provide it to Individual Service Providers to the extent necessary for the provision of Individual Services.

Last update: May 12, 2021

Vessk Application Terms and Conditions