Article 1 (Definitions) 

The definitions of terms used in these Terms of Use shall be as follows.

(1) This Service means the application software service called NICE CAMERA operated by the Company.

(2) This Site means the website on which this Service is posted.

(3) This Content means all avatars, stamps, and other content available for use on this Service.

(4) Users mean all users of this Service.

(5) Paid Users mean the users of this Service who pay the monthly subscription fees.

(6) Purchasers mean the users who have purchased the Content that can be purchased on this Service.

Article 2 (Consent to These Terms of Use)

1. Users may use this Service upon agreeing to these Terms of Use.

2. When Users download this Service to their PCs or other information terminals, and agree to these Terms of Use, the Users shall be deemed to have agreed to these Terms of Use.

3. Minor Users shall be required to obtain the parental or other legal representative consent before using this service.

4. Minor Users who use this Service without the legal representative consent or by falsely claiming the age as an adult, or commit other fraudulent means to make others to believe as a person with capacity to act may not revoke any legal act related to this Service. 

5. Minor Users at the time of agreeing to these Terms of Use who use this Service after reaching the adult age shall be deemed to have ratified any and all legal acts related to this service.

Article 3 (Amendment of Terms)

1. The Company may revise these Terms of Use at any time without obtaining the Users’ consent, and the Users shall agree to accept such revisions without objection.

2. When the Company revises these Terms of Use, the details of such revision shall be notified by the method prescribed by the Company to Users.

3. Users shall be deemed to have agreed to the modified Terms of Use without objection at the time of using this Service after the modification.

Article 4 (Available PC Specs)

The details of the “minimum specifications” that can be used and the “recommended specifications” that are recommended for use of this service are listed in the Recommended Specifications section. Please be forewarned that this does not mean that this Service will always work with specifications that correspond to these specifications, but this Service may not work properly if you use a model that falls below the minimum specifications.

Article 5 (Account Registration Procedures)

1. Those who wish to register an account with this Service (hereinafter referred to as “Registrant Applicant”) shall follow the prescribed procedure to register a new account upon agreeing to these Terms of Use.

2. New account registrants shall become registered Users from the time their account registration is completed.

3. Please note that the Company send email notifications, advertisements, and other information to account registrants. 

4. The Company may cancel an account registration at its discretion if any of the followings apply to a registrant applicant. 

(1) When a registrant applicant register an account without following the procedure specified by the Company.

(2) The registrant applicant has violated these Terms of Use or other terms of use stipulated by the Company in the past, which caused the disposition of his/her account revocation. 

(3) When the Company determine that any registrant applicant has registered by fraudulent means.

(4) When any registrant applicant has registered information other than his/her own.

(5) Any other cases that the Company deem inappropriate.

Article 6 (Account Management)

1. Users shall voluntarily register and manage the information they have registered for use (hereinafter referred to as “Registration Information”, and “account” includes email address, password, etc. ) at their own risk. Users shall not allow a third party to use such Registration Information, or lend, assign, change the name of, sell, or such act.

2. When the registered information is used for this Service, the Company may treat it as if the person who registered for this Service had used this Service, and the person who registered for this Service shall be responsible for any and all consequences and liabilities arising from such use.

3. In the event that any unauthorized use of registered information of any User causes damage to the Company or any third party, the User shall compensate the Company and the third party for such damage.

4. Users shall manage their registered information at their own risk, and the Company shall not be liable for any disadvantage or damage incurred by Users due to inaccurate or false registered information.

5. In the event that any User discovers that his/her registered information has been stolen or used by a third party, the User shall immediately notify the Company to that effect and follow the Company’s instructions.

Article 7 (Commercial and Group Use)

1. This Service shall be enjoyed by individuals based on the Terms of Use. For commercial or group use, please make inquiries about a separate agreement required, regardless if free or paid use, to the designated point of contact. Please note that if using this Service for commercial purpose without entering into a separate agreement for commercial use is discovered, the Company may delete such account with suspension of use and take legal action. 

The followings shall be excluded from the definition of commercial use.

(1) Use (and monetization) by Vtubers and others who do not belong to any corporate-run organization, but are active as individuals or groups, etc.

(2) Personal use for internal and external online meetings, etc. by persons belonging to any corporation or organization (a separate license agreement is required for organizational operations).

*Special arrangements are available for corporations and organizations for trial operations. For inquiries, please contact the Company from here.

2. This application contains Live2D Cubism SDK developed by Live2D Inc. of which the copyrights are held by Live2D Inc.  If this application is utilized as a primary element of a business* and its annual sales made directly or indirectly by this application or content produced by this application exceed 20 million JPY, you shall be obliged to execute Publication License Agreement with Live2D Inc. and pay required license fee. You shall also be obliged to immediately notify Live2D Inc. when the annual sales exceed 20 million JPY.  Any violation of these obligations means the utilization of Live2D Cubism SDK beyond the scope permitted by Live2D Inc. with regard to this application and the infringement of intellectual property rights of Live2D Inc., and you may receive legal claims from Live2D Inc.

* “Utilizing this application as a primary element of a business” includes but not limited to operating a VTuber streaming business.  It does not include streaming video contents for sales promotion.

Article 8 (Subscription Plan)

Free use plans and paid use plans are available for this service. Details of the plans shall be posted in the Pricing Plan section.

Article 9 (Purchase and Use of the Content by Users)

1. Users may use this Service for free, but may use a paid subscription plan with many features by paying a set monthly fee for this Service.

2. Users may purchase this Content, which are distributed for a fee within this Service, through the payment system of this System.

3. Those who purchased this Content may not transfer or sublicense the Content to any third party.

4. Except for the right to use the Content within this Service, all rights to the Content as copyrighted works shall be attributed to the Company, the creator of them.

Article 10 (Fees and Payment)

1. Credit cards are the only method of payment for paid use of this Service and for purchase of this Content for a fee.

2. Paid use fees for this Service shall accrue from the commencement date of the paid subscription.

3. The paid subscription period for this Service shall be automatically renewed unless the paid subscription is cancelled, and the paid Users shall agree thereto.

4. Users may cancel their paid subscription at any time and change to a free subscription; provided, however, their paid plan may be used until the expiration date of paid subscription for the period left on their paid plan, if any.

5.Users may output the settled invoices and receipts of items on the system.

Article 11 (Refund)

1. Please note and consider carefully when upgrading this Service that no fee paid shall be refunded. Please try the free plan for free use first, and proceed the payment process for upgrading only if value in paid use is found. 

2. The fee paid for purchasing this Content through this Service is non-refundable. Please check the details of this Content carefully before purchasing.

Article 12 (Handling of Personal Information etc.)

Personal information and User information shall be handled appropriately in accordance with the “Privacy Policy” separately stipulated by the Company.

Article 13 (Prohibited Acts) 

In using this Service, the following acts shall be prohibited by the Company. If the Company deems that any User has violated any of the prohibited acts, the Company may temporarily suspend the use of this Service, delete such User’s account, or take other measures deemed necessary.

(1) Any act to infringe the intellectual property rights of the Company or any third party

(2) Any act to defame reputation/credibility of the Company or any third party, or unfairly discriminate against or slander the Company or any third party.

(3) Any act to infringe or may infringe properties of the Company or any third party.

(4) Any act to cause economic damage to the Company or any third party.

(5) Any act to threaten the Company or any third party.

(6) Any act to use or induce computer viruses or harmful programs.

(7) Any act to place undue stress on the infrastructure facilities for this service.

(8) Any act to attack on servers, systems, and/or security of this Site.

(9) Any act to attempt to access the Company’s services by any means other than through the interface provided by the Company.

(10) Any act by a single User to acquire multiple User accounts for mischief, fraud, or other abusive use.

(11) Any acts other than the above that the Company deems inappropriate.

Article 14 (Disclaimer)

1. The Company shall not be liable for any damages whatsoever resulting from any modification, suspension or termination of this Service.

2.The Company shall not involved in, and assume no responsibility for, the environment of Users for using the Service.

3. The company shall make no warranty that this Service is fit for a particular purpose, has the expected functionality, commercial value, accuracy, or usefulness, that use of this Service by Users complies with applicable laws, regulations, or internal rules of any industry organization applicable to Users, or occurrence of no defect. 

4. The Company shall make no guarantees that this Service is compatible with all information terminals, and Users shall acknowledge in advance that defects may occur in the operation of this Service as a result of OS upgrades, etc., of the information terminal used for this Service.

5. The Company shall not be liable for any damages incurred by Users, directly or indirectly, as a result of use of this Service by Users.

6. The Company shall not be liable for any lost opportunities, business interruption, or any other damages (including indirect damages or lost profits) incurred by Users or other third parties, even if the Company has been advised of the possibility of such damages in advance.

7. The provisions of Paragraph 1 through the preceding Paragraph shall not apply in the event of intentional or gross negligence on the part of the Company or in the event that the user is a consumer as defined under the Consumer Contract Law. 

8. Even if the preceding paragraph applies, the Company shall not be liable to compensate for damages arising from special circumstances among damages caused to Users due to any act of negligence (excluding gross negligence).

9. In the event that the Company is liable for damages in connection with the use of this Service, the Company shall be liable for damages up to the amount received from the User for use in the month in which the relevant damages occurred.

10. The Company shall not be liable for any disputes or problems among Users. In the event of any problem between any User and another User, both parties shall be responsible for resolving the problem and shall not make any claim against the Company.

11. In the event that any User causes damage to another User or has a dispute with a third party in connection with the use of this Service, the User shall compensate for such damage or resolve such dispute at the User’s own expense and responsibility, and shall not cause any trouble or damage to the Company.

12. In the event that the Company is demanded damages etc., by a third party as a result of the User’s conduct, the Company shall resolve such claims at the User’s expense (attorney’s fees) and responsibility. When the Company pays damages to such third party, the User shall pay all costs (including attorneys’ fees and lost profits) to the Company, including such damages.

13. In the event that any User causes damages to the Company in connection with the use of this Service, the User shall indemnify the Company, at the User’s expense and responsibility, against any damages (including legal and attorneys’ fees).

Article 15 (Posting Advertisements)

Users shall be deemed to acknowledge and agree that this Service may include any and all advertisements, and that the Company or its partners may place any and all advertisements on this Service. The form and scope of advertising on this Service shall be subject to change by the Company at any time.

Article 16 (No Assignment)

1. Users may not assign their positions pursuant to these Terms of Use, any rights or obligations hereunder, in whole or in part, to any third party without the Company’s prior written consent.

2. The Company may assign this Service, in whole or in part, to any third party at the Company’s discretion, in which case all rights of Users pertaining to this Service, including account of Users, shall be transferred to the assignee to the extent of the rights assigned.

Article 17 (Severability)

Even if any provision of these Terms of Use or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions hereof and the remaining portions of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect.

Article 18 (How to Contact the Company)

Users shall contact the Company with comments or inquiries regarding this Service by submitting them through the inquiry form provided on this Service or any other website operated by the Company, or by any other method separately designated by the Company.

Article 19 (Governing Law and Jurisdiction)

1. The validity, interpretation and performance of these Terms of Use shall be governed by and construed in accordance with the laws of Japan.

2. Any and all disputes, lawsuits, or other controversies between the Company and Users shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court, depending on the amount of the claim.

Enforced on October 26, 2021
Revised on December 22, 2021
Revised on March 15, 2022
Revised on June 27, 2022
Revised on August 16, 2022