- Minors should only use the App with the consent of their parents or guardians.
- Please refrain from disturbing other users. Please use sensible user names.
- You can take pictures of the App's screen and post them on social media within the scope of common sense!
Please observe the rules of this Terms, including the above, and enjoy the virtual world of VARP and the great music performances.
The purpose of this Terms is to set forth the rights and obligations between us and the User (as defined in Article 2) with respect to the use of the Service (as defined in Article 2), and it applies to all relationships between the User and us in connection with the use of the Service.
As used in these Terms and Conditions, the following terms have the meanings set forth below;
- (1)"Intellectual Property Rights" means copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration, etc. of such rights).
- (2)"App" means the iOS/Android application named "SHIN SEKAI" provided by us (including additional contents that is downloadable via this App or successor version).
- (3)"Service" means the service which, through the App, allows users to watch pictures (including movies and still images) of "Music Performance by RADWIMPS" in a virtual space, and accompanying service to such.
- (4)"User" means the person who opens the App and receives the Service.
- (5)"User-Created Avatar" means avatar data selected by the User on the App.
3. Use of Service
3.2. Some functions of this App (such as tickets, digital item for the User’s avatar, etc.) are charged. Users who wish to use such paid functions may purchase the right to use them in a manner designated by us. The User may not cancel, transfer to a third party, offer as collateral, or otherwise dispose of the right to use the paid functions.
3.3. The right to use the paid functions purchased by the user shall be extinguished when the User terminates the use of the Service. We are not required to compensate, refund, or redeem the User who purchase such extinguished right for any reason whatsoever.
4. Management of Account
4.1. The User shall, at their own responsibility, properly manage and store its user ID, user name, avatar, and other registered information for the Service (hereinafter referred to as "Account Information") so as to keep them up to date. The User shall not allow any third party to use the Account Information, nor shall the User lend, transfer, change the owner of, or sell the Account Information.
4.2. We shall not be held liable for any damages incurred by the User due to insufficient management of Account Information, errors in use, or use by a third party.
4.3. In the event that Account Information is found to be stolen or used by a third party, the User shall immediately notify us of such theft or use and follow our instructions.
5. Prohibited Actions
5.1. In connection with the use of the Services, the User shall not take any actions that fall into any of the categories below that;
- (1)Acts that violate this Terms;
- (2)the person was previously suspended from using the Service or any other service provided by us;
- (3)the person is either a minor, adult ward, conservatee, or person under assistance and use the Service without obtaining the consent, etc., of the legal representative, guardian, conservator, or assistant;
- (4)we determine that the User is a member of antisocial forces, etc. (meaning gangs, gangsters, right-wing organizations, antisocial forces, and other persons equivalent to this. The same shall apply hereinafter), or has some kind of interaction or involvement with antisocial forces, etc., such as cooperating or being involved in the maintenance, operation, or management of antisocial forces, etc. through the provision of funds or otherwise;
- (5)we determine that The User impersonates another User or the third party;
- (6)we determine that it interferes with the operation of the Service or is likely to damage our reputation;
- (7)the User obtained or attempted to obtain compensation from another User or the third party;
- (8)the User violates the intellectual property rights, rights of publicity, rights of privacy, honor, image rights, or any other right or interest of us, other Users, outside parties, or any other third parties (including any act that directly or indirectly causes such violation);
- (9)the User duplicate or transmit the pictures or music in the App, regardless of whether it is recorded or videotaped;
- (10)the User’s act is related to a criminal offense or is contrary to public order and morals;
- (11)the User transmits obscene information or information that is harmful to young people;
- (12)the User sends information about sexual relationships;
- (13)the User violates this Terms, any law or regulation, or the internal rules of any trade association to which we belong;
- (14)the User transmits information that contains computer viruses or other harmful computer programs; or
- (15)we deem the User’s action improper to do so otherwise.
5.2. If we determine that the User falls under any of the categoriesi in the preceding paragraph, we may take any measures against such User, including but not limited to the following;
- (1)suspension of the use of the Service; and
- (2)suspending or canceling the User’s account.
5.3. We shall not be held liable for any damages incurred by the User due to the measures we take under this section, except in the case of intentional or gross negligence on our part.
6. Suspension of the Service, etc.
6.1. We may suspend or discontinue all or part of the User’s use of the Service without prior notice to the User in any of the following cases:
- 1.when we are performing regular or emergency computer system checks or maintenance work related to the Service
- 2.in the event of a routine or emergency inspection or maintenance of the computer systems involved in the Service
- 3.in the event that the Service cannot be operated due to force majeure such as earthquake, fire, power outage, natural disaster, epidemic (including cancellation of events due to prevention of infection spread), or governmental order, declaration or direction.
- 4.in the event of any trouble, interruption, suspension, cessation of connecting to the Service, or specification changes to the external service
- 5.if we otherwise deem it necessary to stop or interrupt.
We may terminate the provision of the Service for our convenience.
We shall not be held liable for any damages caused to the User based on measures we take based on this section, unless we are intentional or grossly negligent.
7. Ownership of Rights, etc.
7.1. All proprietary and intellectual property rights in the App and the Service belong to us or to the person who has licensed it to us, and the license to use the Service shall not be construed as a transfer or license of our or our licensee's intellectual property rights in the App or the Service. The User, regardless of the reasons, shall not do anything that infringes or threatens to infringe the intellectual property rights of us or any person who has licensed it to us.
7.2. All intellectual property rights in the User-created Avatar belong to us. Users shall not claim their rights to the Avatar they made against us or any third parties.
7.3. The User shall not record, duplicate or transmit the pictures and music in this App without our prior consent. However, the act of taking pictures in this App and posting them to his or her own social network services (except for paid viewing of such postings) is permitted, except in cases where we reasonably believe that such acts infringe on our rights or interests.
7.4. The User acknowledges that the User’s activities on the App (including, but not limited to, the appearance and name of the User-Created Avatar) will be viewable by other Users and other third parties through the Service, and that we will create and use (including reproduction, distribution, sale, rental, adaptation, public transmission, and all other uses) images or videos containing the User’s activities in the App, either by ourselves or through a third party. We shall not be held liable for any damages caused to the User in connection with the above-mentioned use of the User’s activities by us.
8. Protection of Personal Information
9. Warranty and Liability
9.1. We do not warrant the content, legality, or any other matters related to the content and legality of the video/music to be distributed. The service is provided on an "as is" basis, and we make no warranties of any kind with respect to the service, including but not limited to its fitness for a particular purpose, commercial utility, completeness, or continuity.
9.2. If the User learns directly or indirectly from us any information about the service, other Users, or any other matter, we make no warranties to the User beyond what is set forth in this Terms.
9.3. The User shall investigate at its own risk and expense whether or not the User’s use of the Service violates any laws, regulations, or internal rules of any trade association, and we make no warranty that the User’s use of the Service will comply with any laws, regulations, or internal rules of any trade association that may apply to the User.
9.4. The User is solely responsible for handling and resolving any transactions, communications, or disputes between the User and the other User, external service providers, or other third parties in connection with the Service, and we shall not be held responsible for any such matters.
9.5. We shall not be held liable for any interruption, suspension, termination, unavailability or modification of the Service by us, loss of data or malfunction or damage to equipment due to use of the Service, or any other damages suffered by Users in connection with the Service.
9.6. In the event that a link from our website to another website or a link from another website to our website is provided, we shall not be held responsible for any websites other than our website and any information obtained from such other website for any reason.
9.7. We shall not be held liable for any damages suffered by Users in connection with the Service. In the event that we are liable to the User for damages due to the application of the Consumer Contract Act or any other reason, our liability for damages shall be limited to the total amount of payment actually received from the claiming User in past 3 months since the occurrence of the damage.
10. User's Liability for Compensation, etc.
10.1. The User shall compensate us for any damage caused to us by violation of this Terms or in connection with the use of the Service.
10.2. If the User receives a claim from or has a dispute with another User, external provider, or other third party in connection with the Service, the User shall immediately notify us of the nature of the claim or dispute, handle the claim or dispute at the User's expense and responsibility, and respond to our request. The User shall report to us on the progress and results of the claim based on the User’s use of the Service.
10.3. If we receive any claim from another User, external entity, or other third party for infringement of rights or otherwise in connection with the User’s use of the Service, the User shall indemnify us for any amount we are forced to pay the third party based on such claim.
11. Effective Period
This Terms takes effect on the date the User begins to use the App and will remain in effect between us and the User until the date the Service is no longer provided.
12. Changes to this Terms
12.1. We may modify this Terms and the Services.
12.2. In case of modification of this Terms, we shall notify Users of the modifications to this Terms, the effective date of such modified Terms with notice period in advance. Users who use the Service after notification of such modifications shall be deemed to have agreed to the modifications.
13. Contact / Notification
Any inquiry or other communication or notice from the User to us regarding the Service, and any other communication or notice from us to the User regarding a change in this Terms, may be made in the manner set forth by us.
14. Assignment of Rights and Obligations, etc.
14.1. The User may not assign, transfer, pledge, or otherwise dispose of his or her position in this Terms or any rights or obligations under this Terms to any third party without our prior written consent.
14.2. The User agrees in advance that, in the event that we transfer our business to a third party, we may transfer our position in this Terms and our rights and obligations under this Terms to the transferee of such transfer.
This Terms constitute the entire terms between us and the User with respect to the matters contained in this Terms, and supersede any prior terms, representations and understandings, whether oral or written, between us and the User.
If any provision of this Terms, or part thereof, is held invalid or unenforceable under the Consumer Contract Act or any other law or regulation, the remaining provisions of this Terms and the remainder of the provision held invalid or unenforceable in part will continue in full force and effect. We and the User will endeavor to modify such invalid or unenforceable provision or portions to the extent necessary to make it legal and enforceable, so as to ensure that the intent of such invalid or unenforceable provision or portion and its legal and economic equivalence will be the same.
17. Surviving provisions
Section 3.3, 4.2, 5.3, 6.3, 7, 9, 10.3, 14, 15, 16 and 18 shall survive the expiration of the Terms and remain effective after the end of the effective period.
18. Governing Law and Jurisdiction
19. Consultative Resolution
We and the User will attempt to resolve any matter not covered by this Terms or any question of interpretation of this Terms as soon as possible by consultation with each other in accordance with the principle of good faith.
Enacted on 21/6/2021
SHIN SEKAI Production Committee
voque ting Co., Ltd.