Terms of Use | NICE CAMERA

Notice: This English version of the Terms of Use is created using translation software, so nuances may not be accurately conveyed. These Terms of Use are governed by Japanese law.

Article 1 (Purpose)

These Terms of Use define the handling of the application software service “NICE CAMERA” (hereinafter referred to as “the Service”) provided by Kids Plates Inc. (hereinafter referred to as “the Company”). The content and specifications of NICE CAMERA may be changed at the discretion of the Company.

Article 2 (Definitions)

The definitions of terms used in these Terms of Use shall be as follows.
(1) Refers to the application software service “NICE CAMERA” operated by the Company.
(2) This Site: Refers to the website operated by the Company that provides information related to the Service.
(3) This Content: Refers to all avatars, stamps, and other content available for use on this Service.
(4) User: Refers to all users of this Service.
(5) Paid User: Refers to the users of this Service who pay the monthly subscription fees.
(6) Purchasers: Refers to the users who have purchased the Content that can be purchased on this Service.

Article 3 (Consent to These Terms)

Users may only use the Service if they agree to these Terms of Use.
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.
Minor Users shall be required to obtain the parental or other legal representative consent before using this service.
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.
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 4 (Available PC Specs)

The details of 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 Management)

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.
Upon completion of account registration, the Registrant Applicant becomes a User.
Users shall manage the information registered for this Service (hereinafter referred to as “Registration Information”) at their own responsibility. Registration Information includes accounts (email addresses, passwords, etc.). Users are prohibited from allowing third parties to use, transfer, lend, or resell their Registration Information.
The Company will send email notifications, advertisements, and other information to Users.
The Company may cancel an account registration if any of the following apply to Users.
(1) The applicant did not follow the procedure specified by the Company.
(2) The applicant has previously violated these Terms of Use or other terms set by the Company and received a cancellation.
(3) The applicant registered by fraudulent means.
(4) The applicant registered information other than their own.
(5) Any other cases deemed inappropriate by the Company.

Article 6 (Unauthorized Use of Accounts)

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.
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.
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.
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 (AI Usage Conditions)

Users agree to the following conditions when using the Service.
(1) Users acknowledge that images may be read by AI and conversations may be recorded within the Service.
(2) Users understand that the information generated by AI may not always be accurate and agree that the Company assumes no responsibility for any consequences arising from such information.
(3) The Company is not liable for any damages incurred by users or third parties resulting from the use of AI-generated information.

Article 7 (Compliance with Terms of External Linked Services and APIs)

Users must comply with the terms of use and privacy policies of external services and APIs (hereinafter referred to as “External Linked Services and APIs”) when using them in connection with this Service. The Company assumes no responsibility for any issues arising from the use of External Linked Services and APIs. Users are responsible for appropriately handling any issues that may occur when using External Linked Services and APIs.

Article 8 (Intellectual Property Rights)

All intellectual property rights concerning the Service and all content provided through the Service (texts, images, videos, programs, etc.) belong to the Company or the rights holders who have granted licenses to the Company.
Users are prohibited from reproducing, reusing, redistributing, translating, modifying, publicly transmitting, displaying, or selling these contents without prior permission from the Company.
Users shall not infringe upon the intellectual property rights of the Company or third parties by using the Service.

Article 9 (Commercial and Group Use)

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.

Commercial use includes any of the following:
(1) Use for profit.
(2) Use by corporations, organizations, or schools as part of their business activities.

The following are 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, organization, or school (a separate license agreement is required for organizational operations).

*Special arrangements are available for trial operations by corporations, organizations, or schools. For inquiries, please contact the Company from here.
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 10 (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 11(Purchase and Use of the Content by Users)

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.
Users may purchase this Content, which are distributed for a fee within this Service, through the payment system of this System.
Those who purchased this Content may not transfer or sublicense the Content to any third party.
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 12 (Fees and Payment)

Credit cards are the only method of payment for paid use of this Service and for purchase of this Content for a fee.
Paid use fees for this Service shall accrue from the commencement date of the paid subscription.
The paid subscription period for this Service shall be automatically renewed unless the paid subscription is cancelled, and the paid Users shall agree thereto.
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 13 (Refund)

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

Article 14 (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 15 (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 16 (Disclaimer)

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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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 17 (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 18 (No Assignment)

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.
The Company may assign this Service, in whole or in part, to any third party at the Company’s discretion, in which case the rights and obligations of the Company related to this Service will be transferred to the assignee within the scope of the transferred rights.
Article 20 (Termination of Service)
The Company may terminate the Service at its own convenience by notifying users at least one month in advance.
Notification of service termination will be made through announcements within the Service or other methods deemed appropriate by the Company.
In the event of service termination, the Company will refund the unused portion of fees already paid by users in accordance with the Company’s policy. The method and procedure for refunds will be notified separately.

Article 19 (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 20 (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 21 (Amendment of Terms)

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.
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.
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 22 (Governing Law and Jurisdiction)
The validity, interpretation and performance of these Terms of Use shall be governed by and construed in accordance with the laws of Japan.
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
Revised on July 5, 2024