Terms of Service – Help Center | Cluster

These Cluster Terms of Use (the “Terms”) stipulate matters that users must comply with when using the Service (as defined in Article 2) provided by Cluster, Inc. (“we,” “our,” “us,” or “Cluster”), and the rights and obligations between Cluster and users. All users who use the Service are requested to read the entire Terms carefully before agreeing to the Terms.

ARTICLE 1. APPLICATION

The purpose of these Terms is to stipulate the rights and obligations between Cluster and Users (as defined in Article 2) regarding the use of the Service (as defined in Article 2), and shall apply to any and all relationships between Users and Cluster with regard to the use of the Service.
Guidelines, rules, and other regulations, etc. regarding the Service that we publish from time to time on Our Websites (as defined in Article 2) or by other means shall constitute a part of these Terms.

ARTICLE 2. DEFINITIONS

The following terms used in these Terms shall have the following meanings respectively:

“Archive Ticket” means a ticket that allows a General Participant to view on the Service, using Archived Data, the content previously Streamed by a Paid Event Streamer for a limited period of time determined separately by Cluster;
“Archive Ticket Purchaser” means the “Archive Ticket Purchaser” defined in Article 9, Paragraph 1;
“Archived Data” means data of content previously Streamed on the Service by a Paid Event Streamer that we save in a manner prescribed by us;
“General Participant” means a User who views the content Streamed on the Service;
“Event” means an event in which General Participants can view the content Streamed by a Host in an area set by the Host within a World;
“Event Ticket” means a ticket necessary for a General Participant to view a Paid Event;
“Event Ticket Purchaser” means the “Event Ticket Purchaser” defined in Article 8, Paragraph 1;
“External Service” means a service provided by other service providers (including, without limitation, Google, Apple, Facebook, Amazon, and Microsoft), that is used for the implementation of the Service prescribed by Cluster.
“External Service Provider” means a provider of an External Service;
“External Terms of Use” means the terms and conditions that stipulate the rights between a User and an External Service Provider;
“Goods Seller” means the “Goods Seller” defined in Article 10, Paragraph 1;
“Cluster Coin” means coins that Users can purchase from us and use in the Service;
“Intellectual Property Rights” means copyrights, patent rights, utility model rights, trademark rights, design rights, and any other intellectual property rights (including the rights to acquire those rights and the rights to apply for registration, etc. of those rights);
“Our Websites” means the websites operated by us whose domain is “Cluster.mu” (including the websites after the change in the event that the domain or content of our website is changed for any reason);
“Applicant” means the “Applicant” defined in Article 3;
“Registration Information” means the “Registration Information” defined in Article 3;
“Stream” means a User’s act of Streaming content (including, without limitation, 3D contents and videos; the same shall apply hereinafter) on the Service;
“V-Point” means the “V-Point” defined in Article 6, Paragraph 1;
“Host” means a User who Streams on the Service;
“Service” means the service named “cluster” provided by us that allows Users to Stream and view Videos (including the services after the change in the event that the name or content of the service is changed for any reason);
“Messaging Function” means the “Messaging Function” defined in Article 11, Paragraph 1;
“User” means an individual or corporation registered as a user of the Service in accordance with Article 3 and a person designated by us as a user of the Service;
“User Content” means any and all content existing within a World, including videos, images, audio, text, information about Users, that is created by Users (including “Items” defined in Subparagraph (34) of this Article, “Avatar Products” defined in Subparagraph (39) of this Article and “Purchasable Item” defined in Subparagraph (42) of this Article), as well as User-Created Worlds and User-Created Avatars;
“User-Created Avatar” means the data of an avatar created and uploaded to the Service by a User;
“User-Created World” means the data of a World created and uploaded to the Service by a User;
“Paid Event” means an event that can be viewed only by Event Ticket Purchasers;
“Paid Event Streamer” means the “Paid Event Streamer” defined in Article 8, Paragraph 1;
“Paid World” means a World that can be entered only by World Ticket Purchasers;
“Paid World Streamer” means the “Paid World Streamer” defined in Article 8-2, Paragraph 1;
“Usage Contract” means the “Usage Contract” defined in Article 3, Paragraph 4;
“World” means a virtual space where Streamed content can be viewed by General Participants;
“World Ticket” means a ticket necessary for a General Participant to enter a Paid World;
“World Ticket Purchaser” means the “World Ticket Purchaser” defined in Article 8-2, Paragraph 1;
“Item” means an item created by a User and sold on the World Craft Store or the Accessory Store as being available only within Worlds;
“Item Seller” means the “Item Seller” defined in Article 10-2, Paragraph 1;
“Item Purchaser” means the “Item Purchaser” defined in Article 10-2, Paragraph 2;
“Cluster Point” means the points granted by us to Users in accordance with Article 7-2 that can be exchanged for Item Exchange Tickets in accordance with the same Article;
“Item Exchange Ticket” collectively means the tickets that can be exchanged for Items, Avatar Products, and other products designated by us in accordance with Article 7-3, which are electromagnetically recorded and displayed in the Service. Examples of Item Exchange Tickets include “Craft Item Exchange Ticket” that can be exchanged for Items sold on the World Craft Store, “Accessory Exchange Ticket” that can be exchanged for Items sold on the Accessory Store, and “Avatar Exchange Ticket” that can be exchanged for Avatar Products;
“Avatar Product” means avatars created by Users and sold on the Service that can be used only within Worlds;
“Avatar Product Seller” means the “Avatar Product Seller” defined in Article 10-3, Paragraph 1; and
“Avatar Product Purchaser” means the “Avatar Product Purchaser” defined in Article 10-3, Paragraph 2.
"Purchasable Item" means a product or service created by a User and sold in-world as being available only within the World designated by the User;
"Purchasable Item Seller" means the "Purchasable Item Seller" defined in Article 10-4, Paragraph 1;
"Purchasable Item Purchaser" means the "Purchasable Item Purchaser" defined in Article 10-4, Paragraph 2;

ARTICLE 3. REGISTRATION

A person who wishes to use the Service (“Applicant”) may apply for registration to use the Service with us by agreeing to comply with these Terms and providing certain information designated by us (“Registration Information”) to us in the manner designated by us.
The application for registration must be made by the individual or corporation who will use the Service themselves, and in principle, applications for registration by agents will not be accepted. In addition, the Applicant must provide true, accurate, and up-to-date information to us at the time of application for registration.
We may refuse registration if the person who has applied for registration in accordance with Paragraph 1 of this Article falls under any of the following Subparagraphs:

1. if we determine that the person may violate these Terms;
2. if all or part of the Registration Information provided to us is false, erroneous, or omitted;
3. if the person has previously had their registration for the Service or any other service provided by us cancelled;
4. if the person is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of their legal representative, guardian, curator, or assistant;
5. if we determine that the person is an antisocial force, etc. (meaning an organized crime group, a member of an organized crime group, a right-wing group, an antisocial force, or any other person equivalent thereto; the same shall apply hereinafter), or has any involvement or interaction with an antisocial force, etc., such as cooperating or participating in the maintenance, operation, or management of an antisocial force, etc. through funding or other means; or
6. any other cases where we deem registration to be inappropriate.
We will judge the acceptability of registration of an Applicant in accordance with the provisions of the preceding Paragraph and other standards of us, and if we approve the registration, we will notify the Applicant to that effect (if the Service becomes available to the Applicant on Our Website, the notification approving the registration shall be deemed to have been given). Upon such notification, the registration of the Applicant as a User shall be completed, and a contract for the use of the Service in accordance with the provisions of these Terms (“Usage Contract”) shall be established between the User and us.
In the event of any change to the Registration Information, the User shall promptly notify us of the change in the manner prescribed by us and submit the documents requested by us.

ARTICLE 4. USE OF THE SERVICE

During the term of the Usage Contract, the User may use the Service in accordance with these Terms and in the manner prescribed by us. The User may Stream on the Service as a Host and view the Streamed content as a General Participant.
If the User is a corporation, such User shall consult with us regarding the commencement of use of the Service in the manner prescribed by us before using the Service. If such User commences using the Service without prior consultation, we take necessary measures, including, without limitation, suspending the Streaming of User Content by such User, deleting the Worlds and Events that include the User Content.

ARTICLE 5. STREAMING

During the term of the Usage Contract, the User may Stream content in accordance with these Terms.
We, as the operator of the Service, provides the Service to Users as a place to Stream, and is not involved in the content of the Streaming, and Hosts shall Stream at their own expense and responsibility.

ARTICLE 6. V-POINTS

Based on the standards prescribed by us (the “Point Standards”), we may grant Users points (“V-Points”) free of charge.
We determine whether User’s actions meet the Point Standards at our own discretion. Even if we determine that the Point Standards are not met, we shall not be obliged to explain the reason, and even if the User suffers damage due to not granting V Points, we shall not be liable therefor. However, if the contract between the User and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, we shall be liable in accordance with the provisions of Article 20 below.
Users may use V-Points in the manner prescribed by us by applying to us in the manner prescribed by us. We may change the usage of V-Points without prior notice to Users.
Users residing in Japan may apply for cashing V-Points at the rate of one (1) Japanese yen per V-Point by applying to us in the manner prescribed by us. However, the application for cashing must be for 10,000 V-Points or more, and cannot be made for less than 10,000 V-Points.
If an application for cashing is made in accordance with the preceding Paragraph, we shall pay the User the amount obtained by deducting the cashing fee (700 Japanese yen) from the redeemed amount by the end of the month following the month containing the date of the application for cashing, by means of remittance to the bank account (limited to a bank account in Japan) separately designated by the User.
V-Points held by a User shall expire immediately if the User fails to either (i) use the V-Points in accordance with Paragraph 3 or (ii) apply for cashing the V-Points in accordance with Paragraph 4 within 170 days from the date the V-Points were granted. In addition, if the Usage Contract between the User and us is terminated for any reason, the V-Points shall expire at the time of termination of the Usage Contract. We shall not be obliged to compensate Users for expired V-Points for any reason.
We may suspend the use and cashing of V-Points or invalidate V-Points if any of the following apply:

1. if the User acquires V-Points by fraudulent means, or uses or cashes V-Points knowing that they were acquired by fraudulent means;
2. if the V-Points are forged or altered;
3. if the User violates these Terms; or
4. in addition to the preceding Subparagraphs, if we determine that there are reasonable grounds for suspending the use or cashing of or invalidating V-Points.
If, after a User has used or applied for cashing V-Points under this Article, the V-Points are suspended or invalidated in accordance with the preceding Paragraph due to any reason that arose prior to such use or cashing application, the use or cashing application of the V-Points may be cancelled or suspended. In such case, we shall not be obligated to return the V-Points or provide any other compensation. If we have already paid the User the amount based on the cancelled cashing application, we may demand the User to return the full amount.
V-Points cannot be transferred or otherwise disposed of, pledged, or otherwise used as collateral.

ARTICLE 7. CLUSTER COINS

Users may purchase Cluster Coins in the Service in the manner prescribed by us.
Users may use Cluster Coins in the manner prescribed by us, and the Cluster Coins shall expire upon use. We may change the usage of Cluster Coins without prior notice to Users.
If the Usage Contract between the User and us is terminated for any reason, the Cluster Coins shall expire at the time of termination of the Usage Contract. We shall not be obliged to compensate the User for expired Cluster Coins for any reason.
We shall not cash or refund Cluster Coins for any reason (including, without limitation, inability to use the Cluster Coins due to the User’s environment or equipment regarding the use of the Service, the User’s knowledge or literacy related to the Service or the Internet, or any other reasons concerning the User).
We may suspend the use of Cluster Coins or invalidate Cluster Coins if any of the following apply:

1. if the User acquires Cluster Coins by fraudulent means or uses Cluster Coins knowing that they were acquired by fraudulent means;
2. if the Cluster Coins are forged or altered;
3. if the User violates these Terms; or
4. In addition to the preceding Subparagraphs, if we determine that there are reasonable grounds for suspending the use of or invalidating Cluster Coins.
If, after a User has used Cluster Coins under Paragraph 2 above, the Cluster Coins are suspended or invalidated in accordance with the preceding Paragraph due to any reason that arose prior to such use, the use of the Cluster Coins (including, without limitation, transactions in which the User acquires Items or Avatar Products in exchange for the Cluster Coins) may be cancelled or suspended. In such case, we shall not be obligated to return the Cluster Coins or provide any other compensation.
Cluster Coins cannot be transferred or otherwise disposed of, pledged, or otherwise used as collateral.

ARTICLE 7-2. CLUSTER POINTS

We may grant Cluster Points to Users free of charge when the User completes a mission or participate in Event as we designate, or otherwise meets the conditions prescribed by us in the Service. The conditions, quantity, and timing of granting Cluster Points, the means of use of Cluster Points, and any other matters shall be determined by us, and Users shall comply with them.
We determine whether User’s actions meet the conditions set forth in the preceding Paragraph at our own discretion. Even if we determine that such conditions are not met, we shall not be obliged to explain the reason, and even if the User suffers damage due to not granting Cluster Points, we shall not be liable therefor. However, if the contract between the User and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, we shall be liable in accordance with the provisions of Article 20 below.
Users may consume their Cluster Points in the manner prescribed by us to obtain Item Exchange Tickets and may use Cluster Points in other ways separately prescribed by us. The types of Item Exchange Tickets that can be exchanged for Cluster Points, the exchange rate of Cluster Points and Item Exchange Tickets for each type, and other conditions for using Cluster Points shall be determined by us from time to time and displayed in the Service.
The validity period of Cluster Points shall be one year from the date they were granted, and Cluster Points that are not used within the validity period (including the renewed validity period; hereinafter the same shall apply in this Paragraph) shall automatically expire upon the expiration of the validity period. However, each time new Cluster Points are granted to the User within the validity period, the validity period of the entire remaining balance of Cluster Points validly held by the User as of the date of such granting shall be renewed to one year from the date of such granting.
If the Usage Contract between the User and us is terminated for any reason, the Cluster Points shall all expire at the time of the termination. We shall not be obliged to compensate the User for expired Cluster Points for any reason.
We shall not cash or refund Cluster Points for any reason (including, without limitation, inability to use the Cluster Points due to the User’s environment or equipment regarding the use of the Service, the User’s knowledge or literacy related to the Service or the Internet, or any other reasons concerning the User).
We may suspend the use of Cluster Points or invalidate Cluster Points if any of the following apply:

1. if the User acquires Cluster Points by fraudulent means or uses Cluster Points knowing that they were acquired by fraudulent means;
2. if the Cluster Points are forged or altered;
3. if the User violates these Terms; or
4. in addition to the preceding Subparagraphs, if we determine that there are reasonable grounds for suspending the use of or invalidating Cluster Points.
If, after a User has used Cluster Points under Paragraph 3 above, the Cluster Points are suspended or invalidated in accordance with the preceding Paragraph due to any reason that arose prior to such use, the transaction in which the User acquires an Item Exchange Ticket in exchange for the Cluster Points or the transaction in which the User acquires an Item or an Avatar Product in exchange for such Item Exchange Tickets may be cancelled or suspended. In such a case, we shall not be obligated to return the Cluster Points or provide any other compensation.
Cluster Points cannot be transferred or otherwise disposed of, pledged, or otherwise used as collateral.
Cluster Points are granted free of charge. It is not any User’s obligation to complete a mission, participate in an Event, or perform other acts to meet the conditions set forth in Paragraph 1 above, and Cluster Points do not constitute consideration for such acts. In addition, even if Users are required to purchase certain products or receive the provision of services in order to meet the conditions set forth in Paragraph 1 above, and Users pay money, Cluster Coins, or other consideration for such products or services, such payment is made to receive the provision of such products or services and not to acquire Cluster Points.

ARTICLE 7-3. ITEM EXCHANGE TICKETS

Users may acquire Item Exchange Tickets in the manner prescribed in Paragraph 3 of the preceding Article or in other manners separately prescribed by us. The conditions, types, quantity, and timing of grant of Item Exchange Tickets, the manners of use of the Item Exchange Tickets, and other matters shall be determined by us in addition to the provisions of this Article, and Users shall comply with them.
We determine whether User’s actions meet the conditions for acquiring Item Exchange Tickets at our own discretion. Even if we determine that such conditions are not met, we shall not be obliged to explain the reason, and even if the User suffers damage due to not granting Item Exchange Tickets, we shall not be liable therefor. However, if the contract between the User and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, we shall be liable in accordance with the provisions of Article 20 below.
Users may consume their Item Exchange Tickets in the manner prescribed by us to acquire Items or Avatar Products. The Items or Avatar Products that can be exchanged for each Item Exchange Ticket and their contents, quantity, and other conditions for using Item Exchange Tickets shall be determined by us from time to time and displayed in the Service based on the designation by the Item Seller or Avatar Product Seller in accordance with the following Paragraph.
Item Sellers and Avatar Product Sellers may designate the Items or Avatar Products they have listed on the Service that are sold for a fee as Items or Avatar Products that can be acquired by Users in exchange for Item Exchange Tickets in the manner prescribed by us. The number of Items and Avatar Products for which such designation may be made are limited to the number determined by us for each type of Items, i.e., Items sold on the World Craft Store, Items sold on the Accessory Store, and Avatar Products. For the avoidance of doubt, any Item and Avatar Product for which the designation under this Paragraph is made can be purchased by payment of Cluster Coins or other methods prescribed by us in addition to the exchange for Item Exchange Tickets.
Notwithstanding the provisions of Article 10-2, Paragraph 3, Item Sellers and Avatar Product Sellers shall not be entitled to receive V-Points for the reason that their Items or Avatar Products are exchanged for Item Exchange Tickets.
The validity period of Item Exchange Tickets shall be unlimited.
If the Usage Contract between the User and us is terminated for any reason, the Item Exchange Tickets shall all expire at the time of termination of the Usage Contract. We shall not be obliged to compensate the User for expired Item Exchange Tickets for any reason.
We shall not cash or refund Item Exchange Tickets for any reason (including, without limitation, inability to use the Item Exchange Tickets due to the User’s environment or equipment regarding the use of the Service, the User’s knowledge or literacy related to the Service or the Internet, or any other reasons concerning the User).
We may suspend the use of Item Exchange Tickets or invalidate Item Exchange Tickets if any of the following apply:

1. if the User acquires Item Exchange Tickets by fraudulent means or uses Item Exchange Tickets knowing that they were acquired by fraudulent means;
2. if the Item Exchange Tickets are forged or altered;
3. if the User violates these Terms; or
4. in addition to the preceding Subparagraphs, if we determine that there are reasonable grounds for suspending the use of or invalidating Item Exchange Tickets.
If, after a User has used Item Exchange Tickets under Paragraph 3 above, the Item Exchange Tickets are suspended or invalidated in accordance with the preceding Paragraph due to any reason that arose prior to such use, the transaction in which the User acquires Items or Avatar Products in exchange for the Item Exchange Tickets may be cancelled or suspended. In such case, we shall not be obligated to return the Item Exchange Tickets or provide any other compensation.
Item Exchange Tickets cannot be transferred or otherwise disposed of, pledged, or otherwise used as collateral.
Item Exchange Tickets are granted free of charge in accordance with the conditions prescribed by us such as consuming Cluster Points in exchange for them. It is not any User’s obligation to perform any acts to meet the conditions set forth in Paragraph 1 above, and Item Exchange Tickets do not constitute consideration for such acts. In addition, even if Users are required to purchase certain products or receive the provision of services in order to meet the condition set forth in Paragraph 1 above, and Users pay money, Cluster Coins, or other consideration for such products or services, such payment is made to receive the provision of such products or services and not to acquire Item Exchange Tickets.

ARTICLE 8. PURCHASE OF EVENT TICKETS

General Participants may purchase Event Tickets sold by the Host designated by us who Streams the Paid Event (“Paid Event Streamer”) from us in the manner prescribed by us. Any General Participant who purchases an Event Ticket (“Event Ticket Purchaser”) may not pay the consideration for the Event Ticket by any means other than those prescribed by us.
At the time when the Event Ticket Purchaser completes the purchase procedure for the Event Ticket in the manner prescribed by us, a sales contract for the Event Ticket (“Event Ticket Sales Contract”) shall be established between the Event Ticket Purchaser and us, and between us and the Paid Event Streamer, respectively. The Event Ticket Purchaser and the Paid Event Streamer may not assign, provide as security, or otherwise dispose of the rights against and obligations owed to us that arise under the Event Ticket Sales Contract to a third party.
If an Event Ticket Sales Contract is established, the Event Ticket Purchaser shall pay us the price of the Event Ticket and the consumption tax amount thereon (“Event Ticket Price”) in the manner prescribed by us.
The Event Ticket Purchaser may not terminate the Event Ticket Sales Contract for the Event Ticket they have purchased under any circumstances. However, this shall not apply if the contract between the Event Ticket Purchaser and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, and the Event Ticket cannot be used due to reasons attributable to us such as a defect in the Event Ticket.
Event Ticket Purchasers hereby acknowledge in advance that the Paid Event Streamer may cancel the Streaming of the Paid Event in accordance with the procedures prescribed by us.
If the Usage Contract between the Event Ticket Purchaser and us is terminated for any reason, the Event Ticket shall expire at the time of termination of the Usage Contract. We shall not be obliged to compensate the Event Ticket Purchaser for expired Event Tickets for any reason.
We shall not cash any Even Ticket or refund Event Ticket Price for any reason (including, without limitation, the Event Ticket Purchaser’s inability to view the Paid Event due to the Event Ticket Purchaser’s environment or equipment regarding the use of the Service, the Event Ticket Purchaser’s knowledge or literacy related to the Service or the Internet, or any other reasons concerning the Event Ticket Purchaser). However, this shall not apply in the case of the proviso of Paragraph 4 above.

ARTICLE 8-2. PURCHASE OF WORLD TICKETS

General Participants may purchase World Tickets sold by the Host designated by us who Streams the Paid World (“Paid World Streamer”) from us in the manner prescribed by the us. Any General Participant who purchases a World Ticket (“World Ticket Purchaser”) shall not pay the consideration for the World Ticket by any means other than those prescribed by us.
At the time when the World Ticket Purchaser completes the purchase procedure for the World Ticket in the manner prescribed by us, a sales contract for the World Ticket (“World Ticket Sales Contract”) shall be established between the World Ticket Purchaser and us, and between us and the Paid World Streamer, respectively. The World Ticket Purchaser and the Paid World Streamer shall not assign, provide as security, or otherwise dispose of the rights against and obligations owed to us that arise under the World Ticket Sales Contract to a third party.
If a World Ticket Sales Contract is established, the World Ticket Purchaser shall pay us the price of the World Ticket and the consumption tax amount thereon (“World Ticket Price”) in the manner prescribed by us.
The World Ticket Purchaser may not terminate the World Ticket Sales Contract for the World Ticket they have purchased under any circumstances. However, this shall not apply if the contract between the World Ticket Purchaser and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, and the World Ticket cannot be used due to reasons attributable to us such as a defect in the World Ticket.
World Ticket Purchasers hereby acknowledge in advance that the Paid World Streamer may cancel the Streaming of the Paid World in accordance with the procedures prescribed by us.
If the Usage Contract between the World Ticket Purchaser and us is terminated for any reason, the World Ticket shall expire at the time of termination of the Usage Contract. We shall not be obliged to compensate the World Ticket Purchaser for expired World Tickets for any reason.
We shall not cash any World Ticket or refund the World Ticket Price for any reason (including, without limitation, the World Ticket Purchaser’s inability to enter the Paid World due to the World Ticket Purchaser’s environment or equipment regarding the use of the Service, the World Ticket Purchaser’s knowledge or literacy related to the Service or the Internet, or any other reasons concerning the World Ticket Purchaser).
World Ticket Purchasers hereby acknowledge in advance that the Paid World Streamer may stop Streaming the Paid World without notice, and in the case where an expiration date is set for the Streaming of the Paid World, the Streaming may be stopped upon the arrival of the expiration date, and that once the Streaming is stopped, the World Ticket Purchaser will no longer be able to enter the Paid World. We do not guarantee the permanence of the Paid World in any way, and even if the World Ticket Purchaser becomes unable to enter the Paid World due to the stoppage of Streaming, We shall not cash the World Ticket or refund the World Ticket Price. However, this shall not apply in the case of the proviso of Paragraph 4 above.

ARTICLE 9. PURCHASE OF ARCHIVE TICKETS

General Participants may purchase Archive Tickets sold by the Paid Event Streamer on the Service from us in the manner prescribed by us. Any General Participant who purchases an Archive Ticket (“Archive Ticket Purchaser”) shall not pay the consideration for the Archive Ticket without using the Service.
At the time when the Archive Ticket Purchaser completes the purchase procedure for the Archive Ticket in the manner prescribed by us, a sales contract for the Archive Ticket (“Archive Ticket Sales Contract”) shall be established between the Archive Ticket Purchaser and us, and between us and the Paid Event Streamer, respectively. The Archive Ticket Purchaser and the Paid Event Streamer may not assign, provide as security, or otherwise dispose of the rights against and obligations owed to us that arise under the Archive Ticket Sales Contract to a third party.
If an Archive Ticket Sales Contract is established, the Archive Ticket Purchaser shall pay us the price of the Archive Ticket and the consumption tax amount thereon (“Archive Ticket Price”) in the manner prescribed by us.
Archive Ticket Purchasers may not cancel the Archive Ticket Sales Contract for the Archive Ticket they have purchased under any circumstances. However, this shall not apply if the contract between the Archive Ticket Purchaser and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, and the Archive Ticket cannot be used due to reasons attributable to us such as a defect in the Archive Ticket.
If the Usage Contract between the Archive Ticket Purchaser and us is terminated for any reason, the Archive Ticket shall expire at the time of termination of the Usage Contract. We shall not be obliged to compensate the Archive Ticket Purchaser for expired Archive Tickets for any reason.
We shall not cash any Archive Ticket or refund the Archive Ticket Price for any reason (including, without limitation, inability of viewing using the Archive Ticket due to the Archive Ticket Purchaser’s environment or equipment regarding the use of the Service, the Archive Ticket Purchaser’s knowledge or literacy related to the Service or the Internet, or any other reasons concerning the Archive Ticket Purchaser). However, this shall not apply in the case of the proviso of Paragraph 4.

ARTICLE 10. SALE OF GOODS

Users may purchase products from the person designated by us (“Goods Seller”) in the manner prescribed by us based on the details of the products, price, payment due date, payment method, delivery date, and other terms and conditions posted by the Goods Seller on the Service.
The contract for the purchase of products based on the preceding Paragraph shall be directly established between the purchasing User and the Goods Seller based on the contents stated on the product purchase page on the Service, and we shall not be a party to such contract. In addition, any damages incurred by the User or the Goods Seller in relation to the conclusion and performance of such contract shall be resolved between the purchasing User and the Goods Seller, and we shall not be liable therefor. However, if the contract between the User and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, we shall be liable in accordance with the provisions of Article 20 below.

ARTICLE 10-2. WORLD CRAFT STORE AND ACCESSORY STORE

When a User lists an Item for sale in the manner designated by us (the User who makes such listing shall be hereinafter referred to as the “Item Seller”), we may sublicense the use of the Item to other Users in accordance with the terms and conditions entered by the Item Seller at the time of listing (including, without limitation, the amount of the Item price, payment due date and method, and way and period of use of the Item), and the Item Seller grants us the license to do so.
Users may use the Item in accordance with the terms and conditions stated on the purchase page for the Item on the Service by purchasing the Item in the manner designated by us (the User who purchases the Item in accordance with this Paragraph shall be hereinafter referred to as the “Item Purchaser”). We may take measures to make the Item unavailable if we determine that the Item violates these Terms or any guidelines, etc. established by us.
If the Item Purchaser purchases an Item in accordance with the preceding Paragraph, the Item Purchaser shall pay us the price of the Item and the consumption tax amount thereon (“Item Price”) in the manner prescribed by us. The Item Seller’s license to us under Paragraph 1 of this Article shall be free of charge, but we may grant V-Points to the Item Seller at our discretion. We may freely determine and change whether or not we grant V-Points to the Item Seller, the number of the V-Points granted, the manner of the granting, and other necessary matters.
Item Purchasers may not terminate any contract with us regarding the use of the purchased Item under any circumstances. However, this shall not apply if the contract between the Item Purchaser and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, and the Item cannot be used due to reasons attributable to us such as a defect in the Item.
Item Purchasers hereby acknowledge in advance that we may cancel the Streaming of the Item in accordance with the procedures prescribed by us.
If the Usage Contract between the Item Purchaser and us is terminated for any reason, the Item shall expire at the time of termination of the Usage Contract. We shall not be obliged to compensate the Item Purchaser for expired Items for any reason.
Except in the case where the Item becomes unavailable based on Paragraph 2 of this Article, we shall not cash the Item or refund the Item Price for any reason (including, without limitation, inability to use the Item due to the Item Purchaser’s environment or equipment regarding the use of the Service, the Item Purchaser’s knowledge or literacy related to the Service or the Internet, or any other reasons concerning the Item Purchaser). However, this shall not apply in the case of the proviso of Paragraph 4.
The contents of the transaction between us and the Item Purchaser based on Paragraph 2 of this Article shall be, in addition to the provisions of these Terms being applicable, the grant of license to use the Item in accordance with the terms and conditions expressly stated on the purchase page for the Item, and the payment of the Item Price. Therefore, even if terms such as “purchase,” “sale,” “trade,” or other similar terms are stated in these Terms or other rules, manuals, guidelines, or regulations related to the Service, unless otherwise expressly stipulated on the purchase page for the Item, we shall not have any obligation other than granting the above license to the Item Purchaser, and shall not transfer, license, or otherwise grant the Item Purchaser any other rights (including, without limitation, ownership rights, possession rights, Intellectual Property Rights, rights to exploit, use, or utilize intellectual property, and rights to receive dividends or distributions of property such as stocks and equity).

ARTICLE 10-3. AVATAR PRODUCTS

When a User lists an Avatar Product for sale in the manner designated by us (the User who makes such listing shall be hereinafter referred to as the “Avatar Product Seller”), we may sublicense the use of the Avatar Product to other Users in accordance with the terms and conditions entered by the Avatar Product Seller at the time of listing (including, without limitation, the amount of the Avatar Product price, payment due date and method, and way and period of use of the Item), and the Avatar Product Seller grants us the license to do so.
Users may use the Avatar Product in accordance with the terms and conditions stated on the purchase page for the Avatar Product on the Service by purchasing the Avatar Product in the manner designated by us (the User who purchases an Avatar Product in accordance with this Paragraph shall be hereinafter referred to as the “Avatar Product Purchaser”). We may take measures to make the Avatar Product unavailable if we determine that the Avatar Product violates these Terms or the guidelines, etc. established by us. However, if the User is a corporation or an individual engaged in a business and pays salaries, etc. (meaning remunerations, payrolls, wages, allowances, and bonuses, as well as other salaries equivalent thereto in the nature) to others, such User may not purchase any Avatar Product.
If the Avatar Product Purchaser purchases an Avatar Product in accordance with the preceding Paragraph, the Avatar Product Purchaser shall pay us the price of the Avatar Product and the consumption tax amount thereon (“Avatar Product Price”) in the manner prescribed by us. The Avatar Product Seller’s license to us under Paragraph 1 of this Article shall be free of charge, but we may grant V-Points to the Avatar Product Seller at our discretion. We may freely determine and change whether or not we grant V-Points to the Avatar Product Seller, the number of the V-Points granted, the manner of the granting, and other necessary matters.
Avatar Product Purchasers may not terminate any contract with us regarding the use of the purchased Avatar Product under any circumstances. However, this shall not apply if the contract between the Avatar Product Purchaser and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, and the Avatar Product cannot be used due to reasons attributable to us such as a defect in the Avatar Product.
Avatar Product Purchasers hereby acknowledge in advance that we may cancel the Streaming of the Avatar Product in accordance with the procedures prescribed by us.
If the Usage Contract between the Avatar Product Purchaser and us is terminated for any reason, the Avatar Product shall expire at the time of termination of the Usage Contract. We shall not be obliged to compensate the Avatar Product Purchaser for expired Avatar Products for any reason.
Except in the case where the Avatar Product becomes unavailable based on Paragraph 2 of this Article, we shall not cash the Avatar Product or refund the Avatar Product Price for any reason (including, without limitation, inability to use the Avatar Product due to the Avatar Product Purchaser’s environment or equipment regarding the use of the Service, the Avatar Product Purchaser’s knowledge or literacy related to the Service or the Internet, or any other reasons concerning the Avatar Product Purchaser). However, this shall not apply in the case of the proviso of Paragraph 4.
The contents of the transaction between us and the Avatar Product Purchaser based on Paragraph 2 of this Article shall be, in addition to the provisions of these Terms being applicable, the grant of license to use the Avatar Product in accordance with the terms and conditions expressly stated on the purchase page for the Avatar Product, and the payment of the Avatar Product Price. Therefore, even if terms such as “purchase,” “sale,” “trade,” or other similar terms are stated in these Terms and other rules, manuals, guidelines, and regulations related to the Service, unless otherwise expressly stipulated on the purchase page for the Avatar Product, we shall not have any obligation other than granting the above license to the Avatar Product Purchaser, and shall not transfer, license, or otherwise grant the Avatar Product Purchaser any other rights (including, without limitation, ownership rights, possession rights, Intellectual Property Rights, rights to exploit, use, or utilize intellectual property, and rights to receive dividends or distributions of property such as stocks and equity).
Avatar Product Sellers may not engage in any of the following acts:

1. listing or selling any Avatar Product that infringes or is likely to infringe any Intellectual Property Right, portrait right, privacy, reputation, or other right or interest of Cluster, or any other User or other third party;
2. listing or selling any Avatar Product for the purpose of sexual acts, relationships, or dating with the opposite sex;
3. listing or selling any Avatar Product for any purpose, method, or content that constitutes a crime or are contrary to public order and morality;
4. listing or selling any Avatar Product that violate these Terms, laws and regulations, or internal rules of the industry association to which Cluster or the Avatar Product Seller belongs;
5. listing or selling any Avatar Product that uses any phonogram for which the Avatar Product Seller does not have rights and has not obtained the license from all rights holders;
6. listing or selling any Avatar Product by impersonating any other Avatar Product Seller or other third party;
7. providing false information or failing to provide material facts to Cluster or other Users regarding the type, quality, quantity, or other terms and conditions of the license for any Avatar Product when listing and selling it;
8. listing or selling any Avatar Product that may hinder the operation of the Service or may damage the reputation, credibility, or image of Cluster;
9. listing or selling any Avatar Product for any purpose, method, or content that conflicts with the Public Offices Election Act of Japan;
10. listing or selling any Avatar Product without following the procedures on the Service;
11. listing or selling any Avatar Product that may cause discomfort or unpleasant feelings to other Users or other third parties; or
12. listing or selling any Avatar Product that is otherwise deemed inappropriate by us.
If the listing or sale of an Avatar Product falls under any of the Subparagraphs of the preceding Paragraph, we may take necessary measures such as canceling the listing of the Avatar Product, suspending the sale of the Avatar Product, and deleting the Avatar Product, without prior notice to the Avatar Product Seller.
We shall not be liable for any damages incurred by Avatar Product Sellers due to the measures taken by us pursuant to this Article.

ARTICLE 10-4. IN-WORLD PURCHASES

When a User lists an in-world purchasable item for sale in the manner designated by us (the User who makes such listing shall be hereinafter referred to as the "Purchasable Item Seller"), we may sublicense the use of the purchasable item to other Users in accordance with the terms and conditions entered by the Purchasable Item Seller at the time of listing (including, without limitation, the amount of the purchasable item price, payment due date and method, and way and period of use of the purchasable item), and the Purchasable Item Seller grants us the license to do so.
Users may use the purchasable item in accordance with the terms and conditions stated on the purchase page for the purchasable item on the Service by purchasing the purchasable item in the manner designated by us (the User who purchases the purchasable item in accordance with this Paragraph shall be hereinafter referred to as the "Purchasable Item Purchaser"). We may take measures to make the purchasable item unavailable if we determine that the purchasable item violates these Terms or any guidelines, etc. established by us.
If the Purchasable Item Purchaser purchases a purchasable item in accordance with the preceding Paragraph, the Purchasable Item Purchaser shall pay us the price of the purchasable item and the consumption tax amount thereon ("Purchasable Item Price") in the manner prescribed by us. The Purchasable Item Seller's license to us under Paragraph 1 of this Article shall be free of charge, but we may grant V-Points to the Purchasable Item Seller at our discretion. We may freely determine and change whether or not we grant V-Points to the Purchasable Item Seller, the number of the V-Points granted, the manner of the granting, and other necessary matters.
Purchasable Item Purchasers may not terminate any contract with us regarding the use of the purchased item under any circumstances. However, this shall not apply if the contract between the Purchasable Item Purchaser and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, and the purchasable item cannot be used due to reasons attributable to us such as a defect in the purchasable item.
Purchasable Item Purchasers hereby acknowledge in advance that we may cancel the Streaming of the purchasable item in accordance with the procedures prescribed by us.
If the Usage Contract between the Purchasable Item Purchaser and us is terminated for any reason, the purchasable item shall expire at the time of termination of the Usage Contract. We shall not be obliged to compensate the Purchasable Item Purchaser for expired purchasable items for any reason.
Except in the case where the purchasable item becomes unavailable based on Paragraph 2 of this Article and in cases specially approved by us, we shall not cash the purchasable item or refund the Purchasable Item Price for any reason (including, without limitation, inability to use the purchasable item due to the Purchasable Item Purchaser's environment or equipment regarding the use of the Service, the Purchasable Item Purchaser's knowledge or literacy related to the Service or the Internet, or any other reasons concerning the Purchasable Item Purchaser). However, this shall not apply in the case of the proviso of Paragraph 4.
The contents of the transaction between us and the Purchasable Item Purchaser based on Paragraph 2 of this Article shall be, in addition to the provisions of these Terms being applicable, the grant of license to use the purchasable item in accordance with the terms and conditions expressly stated on the purchase page for the purchasable item, and the payment of the Purchasable Item Price. Therefore, even if terms such as "purchase," "sale," "trade," or other similar terms are stated in these Terms or other rules, manuals, guidelines, or regulations related to the Service, unless otherwise expressly stipulated on the purchase page for the purchasable item, we shall not have any obligation other than granting the above license to the Purchasable Item Purchaser, and shall not transfer, license, or otherwise grant the Purchasable Item Purchaser any other rights (including, without limitation, ownership rights, possession rights, Intellectual Property Rights, rights to exploit, use, or utilize intellectual property, and rights to receive dividends or distributions of property such as stocks and equity).

ARTICLE 11. MESSAGING FUNCTION

Users may use the messaging function on the Service (“Messaging Function”) in the manner prescribed by us.
The Messaging Function is not intended for closed communication between Users, but for three-party communication in which one User sends the message content to Cluster and the other User. Users who use the Messaging Function hereby acknowledge in advance that the content of the messages they send may be viewed by a limited number of authorized staff of Cluster only for the purpose of conducting sound operational activities of the Service, such as responding to violations of these Terms.
If required by law or by an order, demand, or request from a court, government agency, or other public agency, we may disclose the content of the messages sent through the Messaging Function to the extent necessary to comply with such orders, etc. Users who use the Messaging Function hereby acknowledge that in advance.
We shall not be liable for any damages incurred by Users due to the measures taken by us pursuant to this Article. However, if the contract between the User and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, we shall be liable in accordance with the provisions of Article 20 below.

ARTICLE 12. MANAGEMENT OF ACCOUNT INFORMATION

Users shall manage and store the user ID and password for the Service (“Account Information”) at their own responsibility, and shall not allow any third party to use the Account Information or lend, transfer, change the name, sell, or otherwise dispose of the Account Information.
The responsibility for damages caused by insufficient management, errors in use, or use by a third party of the Account Information shall be borne by the User, and we shall not be liable therefor. However, if the contract between the User and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, we shall be liable in accordance with the provisions of Article 20 below.
If a User discovers that the Account Information has been stolen or is being used by a third party, the User shall immediately notify us to that effect and follow our instructions.

ARTICLE 13. PROHIBITED ACTS

Users shall not Stream, upload, or transmit (“Streaming, etc.” in this Article) any User Content that falls under any of the following Subparagraphs on the Service:

1. Streaming, etc. of any User Content that infringes or is likely to infringe any Intellectual Property Right, portrait right, privacy right, reputation, or other right or interest of Cluster, or any other User or other third party;
2. Streaming, etc. of any User Content for the purpose of sexual acts, relationships, or dating with the opposite sex;
3. Streaming, etc. or any User Content related to criminal acts or contrary to public order and morality;
4. Streaming, etc. of any User Content that violates these Terms, laws and regulations, or internal rules of the industry association to which Cluster or the User belongs;
5. Streaming, etc. of any User Content that uses any phonogram for which the User does not have rights and has not obtained the license from the rights holders;
6. Streaming, etc. of any User Content by impersonating any other User or other third party;
7. Streaming, etc. of any User Content that contains false information in the description, etc. of the User Content;
8. Streaming, etc. of any User Content that may hinder the operation of the Service or may damage our credibility;
9. Streaming, etc. of any User Content that conflicts with the Public Offices Election Act of Japan;
10. Streaming, etc. of any User Content for consideration without our permission;
11. Streaming, etc. of any User Content that may cause discomfort or unpleasant feelings to other Users or other third parties; or
12. Streaming, etc. of any User Content that is otherwise deemed objectively and reasonably inappropriate.

If the Streaming, etc. of User Content falls under any of the Subparagraphs of the preceding Paragraph, we may take necessary measures such as suspending the Streaming, etc. of the User Content, deleting the Worlds and Events that include the User Content, and other necessary measures without prior notice to the User.
In using the Service, Users shall not engage in any of the following acts:

1. any act that infringes or is likely to infringe any Intellectual Property Right, portrait right, privacy right, reputation, or other right or interest of Cluster, or any other User, External Service Provider, or other third party;
2. any act related to a criminal act or contrary to public order and morality;
3. any act of improperly acquiring or attempting to improperly acquire V-Points, Cluster Coins, Cluster Points, or Item Exchange Tickets;
4. any act of transmitting obscene information or information harmful to minors;
5. any act of transmitting information related to dating with the opposite sex;
6. any act that violates these Terms, laws and regulations, or internal rules of the industry association to which Cluster or the User belongs;
7. any act of transmitting information containing computer viruses or other harmful computer programs;
8. any act of altering information available in relation to the Service;
9. any act of transmitting data exceeding a certain data capacity prescribed by us through the Service.
10. any profit-making activities related to the Service without our permission;
11. any act that may interfere with our operation of the Service;
12. any act that is suspected of using the Service as a means of money laundering or substantial money transfer (including the purchase of the User’s User Content by the User themselves or any person related to the User, or the listing of User Content for such purchase, and the listing of User Content for an unreasonably high price or the purchase of User Content listed in such a manner);or
13. any other acts that are deemed objectively and reasonably inappropriate.
If a User’s act of transmitting information on the Service falls under or is likely to fall under any of the Subparagraphs of the preceding Paragraph, we may delete all or part of such information without prior notice to the User.
We shall not be liable for any damages incurred by the User due to the measures taken by us pursuant to this Article.

ARTICLE 14. SUSPENSION, ETC. OF THE SERVICE

We may suspend or interrupt all or part of the use of the Service without prior notice to Users when:

1. we perform periodic or urgent inspection or maintenance work on the computer system related to the Service;
2. the computer or communication lines, etc. are stopped due to an accident;
3. the operation of the Service becomes impossible due to a force majeure event, including, without limitation, fire, power outage, or natural disaster;
4. any trouble, suspension or discontinuation of service provision, suspension of linkage with the Service, change of specifications, or any other circumstances similar thereto occur with regard to the External Service; or
5. otherwise we deem the suspension or interruption necessary.
We may terminate the provision of the Service at our convenience. In such case, we will notify Users to that effect in advance.
We shall not be liable for any damages incurred due to the measures taken by us pursuant to this Article.

ARTICLE 15. BURDEN OF EQUIPMENTS, ETC.

The preparation and maintenance of computers, software, and other equipment, communication lines, and other communication environments necessary for receiving the provision of the Service shall be carried out by the User at their own expense and responsibility.
Users shall take security measures such as preventing infection by computer viruses, unauthorized access, and information leakage in accordance with each User’s usage environment of the Service at their own expense and responsibility.
Even if we temporarily store messages sent or received by Users or other information for operational purposes, we shall not be obligated to store such information, and we may delete such information at any time. We shall not be liable for any damages incurred by Users due to the deletion of such information.
If a User installs software, etc. on the User’s computer, etc. by downloading from Our Website or by other means at the commencement of or during the use of the Service, the User shall take sufficient care to ensure that the User’s information is not lost or altered or that the User’s equipment is not malfunctioned or damaged, and we shall not be liable for any such damages incurred by the User. However, if the contract between the User and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, we shall be liable in accordance with the provisions of Article 20 below.

ARTICLE 16. OWNERSHIP OF RIGHTS

Except for the User Content stipulated in the following Article, all ownership rights and Intellectual Property Rights related to Our Website and the Service belong to us or the parties that grant the licenses to us. The license to use the Service based on the registration stipulated in these Terms does not mean the transfer or license of the Intellectual Property Rights related to Our Website or the Service of Cluster or the parties that grant the licenses to us, except as expressly stated in these Terms. Users shall not engage in any act that is likely to infringe the Intellectual Property Rights of Cluster or the parties that grant the licenses to us for any reason.

ARTICLE 16-2. USER CONTENT

The Intellectual Property Rights related to the User Content shall belong to the User who created the User Content. However, the User grants us the royalty-free right to freely use the User Content for the purpose of providing and advertising the Service, and shall not exercise moral rights against us or any third parties granted by us the license to use the User Content. Whether or not the User has made the public setting stipulated in Paragraph 4 shall not affect the User’s grant of the license to use the User Content to us under this Paragraph. We may license the use of User Content to third parties such as operators of other services that are linked to the Service for the purpose of using such other services, but we will not license the use of User Content to third parties apart from the Service, merchandize User Content, or use User Content for purposes other than providing and advertising the Service without the User’s consent.
Users shall take care not to infringe any rights of third parties when creating User Content, and Users shall confirm by themselves that the User Content they have created does not infringe any rights of third parties. If the User incorporates copyrighted works, etc. created by a third party into the User Content, the User shall confirm that incorporating such copyrighted works, etc. into the User Content and using them on the Service and our use thereof based on the preceding Paragraph do not violate the contract , terms of use, etc. with the third party, and if any procedures such as obtaining license from the third party are required, the User shall appropriately carry out such procedures at their own responsibility.
Except as stipulated in Paragraph 1, all Intellectual Property Rights related to Worlds, Events, all content existing in any World or Event, and archived data shall belong to us.
Users shall set the User-Created Worlds and User-Created Avatars that they uploaded to the Service as public or private (“public setting” and “private setting” respectively in this Article, and Users who have made a public setting shall be hereinafter referred to as “Public Users”) in the manner prescribed by us. Public Users grant other Users the right to use the User-Created Worlds and User-Created Avatars for which a public setting has been made on the Service in accordance with the method prescribed by us only while the public setting is maintained.
Users may use the User-Created Worlds and User-Created Avatars for which a public setting has been made by a Public User on the Service in accordance with the method prescribed by us only while the public setting is maintained. However, Public Users may change the User-Created Worlds and User-Created Avatars to a private setting or delete them from the Service at any time, and after the private setting or deletion from the Service, other Users may no longer use the User-Created Worlds and User-Created Avatars.
In the case of a change to a private setting or deletion from the Service, we may take measures to replace the User-Created Worlds and User-Created Avatars used by other Users during the period when they were set to private with the worlds and avatars separately set by us, but we shall not be obligated to take such measures, and even if such measures are not taken and the User incurs damages as a result, we shall not be liable for such damages.
Users acknowledge in advance that even if they incur damages due to the change to a private setting or deletion from the Service based on Paragraph 5, neither the Public User who made such change or deletion nor Cluster shall not be liable for the damages in any way.
Users may freely take videos and screenshots in any Worlds (excluding Paid Worlds and Events) and may freely use such videos and screenshot images (“In-World Screenshots, etc.”). Users grant other Users and Cluster the rights to take and freely use In-World Screenshots, etc. that include the User’s User Content, and shall not exercise moral rights against such other Users nor Cluster. However, any use of In-World Screenshots, etc. for the primary purpose of using the User Content itself, including, without limitation, licensing to a third party the use only of the User Content that appears in the In-World Screenshots, etc. and merchandising of the User Content so appearing, shall be excluded from the scope of the license under this Paragraph.
Users may freely take screenshots in Paid Worlds and Events and may freely use such screenshot images (“Paid World/Event Screenshots”). Users grant other Users and Cluster the rights to take and freely use Paid World/Event Screenshots that include the User’s User Content, and shall not exercise moral rights against such other Users nor Cluster. However, any use of Paid World/Event Screenshots for the primary purpose of using the User Content itself, including, without limitation, licensing to a third party the use only of the User Content that appears in the Paid World/Event Screenshots and merchandising of the User Content so appearing, shall be excluded from the scope of the license under this Paragraph.
Users may not take videos in any Paid World or Event without the consent of the Host who Streams the Paid World or Event. However, when a User becomes the Host who Streams a Paid World or Event, the User may freely take videos in the Paid World or Event and may freely use such videos. Any use of User Content itself included in such videos for the primary purpose shall be excluded from the scope of the license under this Paragraph.
Users agrees in advance and shall not raise any objection to the fact that their activities in the Worlds (including Events) (including, without limitation, the appearance, etc. of their avatar (including not only User-Created Avatars but also avatars prescribed by us selected by them) and their comments) will be viewable by other Users and other third parties through the Service and the Internet. In addition, we shall not be liable for any damages incurred by Users as a result.
Even if any User-Created Avatar or User-Created World created by a General Participant is used in a Streaming or a General Participant makes comments and other actions in a Streaming, the General Participant agrees that all V-Points and any other benefits of whatever name obtained in connection with such Streaming shall belong to the Host who performs the Streaming, and shall not raise any objection thereto.

ARTICLE 17. CANCELLATION OF REGISTRATION, ETC.

We may temporarily suspend the User’s use of the Service or cancel their registration as a User without prior notice or demand if the User falls under any of the following Subparagraphs:

1. if the User violates any of the provisions of these Terms;
2. if it is found that there is a false fact in the Registration Information;
3. if the User uses or attempted to use the Service for a purpose or in a manner that is likely to cause damage to Cluster, other Users, External Service Providers, or other third parties;
4. if the User becomes unable to receive the provision of or linkage with the service from an External Service Provider due to a violation of the External Terms of Use or for other reasons;
5. if the User interferes with the operation of the Service by any means;
6. if the User becomes insolvent or unable to pay, or if a petition for the User’s bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or similar proceedings is filed;
7. if the User dishonors a bill or note drawn or endorsed by the User, or if the User is subject to a disposition of suspension of transactions by a clearing house or other similar measures;
8. if a petition for attachment, provisional attachment, provisional disposition, compulsory execution, or auction is filed against the User;
9. if the User is subject to a disposition of delinquency in the payment of taxes and public charges;
10. if the User dies or is subject to a ruling for the commencement of guardianship, curatorship, or assistance;
11. if the User has not used the Service for 6 months or more and does not respond to contact from us;
12. if the User falls under any of the Subparagraphs of Article 3, Paragraph 3; or
13. in other cases where we deem it inappropriate to continue the registration as a User.
If the User falls under any of the Subparagraphs of the preceding Paragraph, all obligations owed by the User to us shall be automatically accelerated and become immediately due and payable.
Users may cancel their registration by notifying us in the manner prescribed by us.
We shall not be liable for any damages incurred by Users due to the actions taken by us pursuant to this Article.

ARTICLE 17-2. PROCESSING AFTER WITHDRAWAL OF TERMINATION OF THE SERVICE USAGE CONTRACT

Users may withdraw by following the procedures prescribed by us. If a User withdraws, the Usage Contract between the User and us shall be terminated.
If the Usage Contract of the Service is terminated for any reason, including, without limitation, the case where the registration of the User is cancelled or the User withdraws, we may delete such User’s Registration Information, the Archive Tickets, Event Tickets, World Tickets, Item Exchange Tickets, Items, Avatar Products, Cluster Coins, V-points, and Cluster Points purchased or acquired by such User, avatars, Worlds, Items, and other User Content uploaded by such User to the Service, and all other data related to such User (however, information that is technically impossible or extremely difficult to delete and information that is required to be retained under laws and regulations will not be deleted). We shall not be obligated to delete any User Content.
We shall not be liable for any damages incurred by Users due to the deletion of data related to Users based on the preceding Paragraph.
Users agree in advance that even if the User newly registers with the same ID after the Usage Contract is terminated, the User will not be able to restore, recover, or use any of the User’s past canceled registration, related Registration Information, User Content, or any other information.
Upon termination of the Usage Contract, all Items and Avatar Products that were publicly available on the World Craft Store or Accessory Store will become private and sales will be suspended. However, Users who have already purchased those Items and Avatar Products will continue to be able to use the purchased Items and Avatar Products, and the handling of the User Content shall be as stipulated in these Terms.

ARTICLE 18. DISCLAIMER AND EXEMPTION FROM LIABILITY

We do not make any warranty regarding any matters related to Streaming, including, without limitation, the content of Streaming, the legality of Streaming, the content of User Content, and the legality of User Content. The Service is provided as is, and we do not make any warranty regarding the Service, including, without limitation, its suitability for a specific purpose, commercial utility, completeness, or continuity.
Even if a User directly or indirectly obtains any information from us regarding the Service, Our Website, other Users of the Service, or other matters, we do not make any warranty to Users beyond what is stipulated in these Terms.
The Service may be linked to External Services, but we do not guarantee such linkage, and we shall not be liable even if the Service cannot be linked to External Services.
If the Service is linked to an External Service, Users shall comply with the External Terms of Use at their own expense and responsibility, and even if a dispute, etc. arises between a User and an External Service Provider operating the External Service, we shall not be liable for such dispute, etc. However, if the contract between the User and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, we shall be liable in accordance with the provisions of Article 20 below.
Users shall investigate at their own responsibility and expense whether the use of the Service violates the laws, regulations, internal rules of the industry association, etc. applicable to the User, and we do not guarantee in any way that the User’s use of the Service complies with the laws, regulations, internal rules of the industry association, etc. applicable to the User.
Transactions, communications, disputes, etc. that arise between a User and other Users, External Service Providers, or other third parties in relation to the Service or Our Website shall be handled and resolved by the User at their own responsibility, and we shall not be liable for such matters. However, if the contract between the User and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, we shall be liable in accordance with the provisions of Article 20 below.
We shall not be liable for any damages incurred by Users in relation to the Service, including, without limitation, the interruption, suspension, termination, unavailability or change of the provision of the Service by us, deletion or loss of any User’s messages or information, cancellation of any User’s registration, loss of data or malfunction or damage of equipment due to the use of the Service.
Even if a link from Our Website to another website or a link from another website to Our Website is provided, we shall not be liable for any reason for websites other than Our Website and information obtained therefrom.
We shall not be liable for any damages incurred by Users in relation to the Service; provided, however, that this shall not apply to cases where such damages arise due to our willful misconduct or gross negligence, unless otherwise set forth in these Terms. In the event that we are liable to compensate a User for damages related to the Service, our liability for damages shall be limited to the total amount of the price of Cluster Coins actually received by us from such User for the past 6 months retroactively from the time when the cause of such damages occurred.
Notwithstanding the provisions of the preceding Paragraph, if the contract between the User and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan, we shall be liable in accordance with the provisions of Article 20 below.

ARTICLE 19. USER’S LIABILITY FOR DAMAGES, ETC.

If a User causes damage to Cluster by violating these Terms or in relation to the use of the Service, such User shall compensate Cluster for such damages.
If a User receives a claim from or has a dispute with another User, External Service Provider, or other third party in relation to the Service, such User shall immediately notify us of the content thereof, handle such claim or dispute at such User’s expense and responsibility, and report the progress and results thereof to us upon our request.
If we receive any claim from another User, External Service Provider, or other third party for infringement of rights or any other reason in connection with the User’s use of the Service, the User must indemnify us for any amount we are forced to pay to such third party based on such claim.

ARTICLE 20. APPLICATION OF THE CONSUMER CONTRACT ACT

Even in cases where we are not liable for damages incurred by Users in relation to the Service based on the provisions of these Terms, if the contract between the User and us falls under a consumer contract as stipulated in the Consumer Contract Act of Japan and the User incurs damages due to our willful misconduct or negligence, we shall be liable to compensate the User for such damages.
Even in the case of the preceding Paragraph, if such damages are caused by our slight negligence, our liability for damages shall be limited to the total amount of the price of Cluster Coins actually received by us from such User for the past 6 months retroactively from the time when the cause of such damages occurred.

ARTICLE 21. TERM OF VALIDITY

The Usage Contract shall become effective on the date when the registration of the User is completed in accordance with Article 3, and shall remain valid between Cluster and the User until the earlier of the date when the registration of the User is canceled or the date when the provision of the Service is terminated.

ARTICLE 22. AMENDMENT OF THESE TERMS, ETC.

We may freely change the content of the Service.
We may amend these Terms (including guidelines, rules, and other regulations, etc. related to the Service that are published on Our Website or by other means from time to time; the same shall apply hereinafter in this Article) by obtaining the User’s consent in the manner prescribed by us.
In addition to the provisions of the preceding Paragraph, we may amend these Terms based on the provisions of Article 548-4 of the Civil Code of Japan in the following cases. When amending these Terms based on this Paragraph, we shall make public the intention to amend these Terms, the details of the amended Terms, and the effective date of the amendment by posting on the Service or by other means prescribed by us. When amending these Terms based on Subparagraph (2) of this Paragraph, we shall make those matters public by the effective date.

1. If the amendment to these Terms conforms to the general interests of Users; or
2. if the amendment to these Terms does not run afoul of the purpose of the Usage Contract between the User and us and is reasonable.

ARTICLE 23. CONTACT / NOTIFICATION

Notifications regarding amendments to these Terms and other communications or notifications in connection with the Service from us to Users shall be made in the manner prescribed by us.
Inquiries regarding the Service and other communications or notifications from Users to us shall be made through our contact form or in manner prescribed by us.

ARTICLE 24. ASSIGNMENT OF THESE TERMS, ETC.

Users may not assign, transfer, provide as security, or otherwise dispose of their status as a party to the Usage Contract or their rights or obligations under these Terms to a third party without the prior written consent of Cluster.
If we assign the business related to the Service to a third party (regardless of the form of business transfer, company split, or otherwise), we may assign the status as a party to the Usage Contract, the rights and obligations under these Terms, and Users’ Registration Information and other customer information to the assignee of such assignment, and Users hereby agrees to such assignment in this Paragraph.

ARTICLE 25. ENTIRE AGREEMENT

These Terms constitute the entire agreement between Cluster and Users regarding the matters contained in these Terms and supersede all prior agreements, representations, and understandings between Cluster and Users regarding the matters contained in these Terms, whether oral or written.

ARTICLE 26. SEVERABILITY

Even if any provision of these Terms or a part thereof is held to be invalid or unenforceable by the Consumer Contract Act of Japan or other laws and regulations, etc., the remaining provisions of these Terms and the remaining parts of the provision that is held to be invalid or unenforceable in part shall continue to be fully valid and effective, and we and the User shall amend such invalid or unenforceable provision or part to the extent necessary to make it legal and enforceable, and shall endeavor to ensure the same effect legally and economically as the intent of such invalid or unenforceable provision or part.

ARTICLE 27. NO WAIVER

No failure or delay of us to require performance of any provision hereof will in any way adversely affect such provision or our right to require performance thereof at any time thereafter. No waiver by us of any breach or default of these Terms, or any provision of these Terms, will be a waiver of any subsequent breach or default or a waiver of the provision itself. No waiver by us of any right under these Terms against one User will be a waiver of any right against other Users.

ARTICLE 28. SURVIVAL PROVISIONS

The provisions of Article 6, Paragraphs 2, 6, and 8; Article 7, Paragraphs 3, 4, and 6; Article 7-2, Paragraphs 2, 5, 6, and 8; Article 7-3, Paragraphs 2, 7, 8, and 10; Article 8, Paragraphs 2, 3, 6, and 7; Article 9, Paragraphs 2, 3, 5, and 6; Article 10, Paragraph 2; Article 10-2, Paragraphs 6 and 7; Article 10-3, Paragraphs 6, 7, and 11; Article 10-4, Paragraphs 6 and 7; Article 11, Paragraph 4; Article 12, Paragraph 2; Article 13, Paragraph 5; Article 14, Paragraph 3; Article 15; Article 16; Article 16-2; Article 17, Paragraphs 2 and 4; Article 17-2; Article 18; Article 19; Article 20; and Articles 23 to 29 shall survive the termination of the Usage Contract.

ARTICLE 29 GOVERNING LAW AND JURISDICTION

These Terms shall be governed by the laws of Japan, and any and all disputes arising from or related to these Terms shall be subject to the exclusive agreed jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.

ARTICLE 30. CONSULTATION FOR RESOLUTION

Cluster and the User shall, in the case of any matter not stipulated in these Terms or any doubt in the interpretation of these Terms, promptly resolve such matter through mutual consultation in good faith.

ARTICLE 31. TERMS FOR USERS IN THE UNITED STATES

Application.

The provisions of this Article apply to Users residing in the United States in addition to the provisions of the Article 1 through the preceding Article. If there is any conflict or inconsistency between the provisions of this Article and the provisions of Articles other than this Article, the provisions of this Article shall prevail to the extent applicable to the User residing in the United States.

Eligibility.

1. Users must be at least 13 years of age to use the Service. By agreeing to these Terms, Users represent and warrant to us that: (a) they are at least 13 years of age; (b) they have not previously been suspended or removed from the Service; and (c) their registration and their use of the Service complies with all applicable laws and regulations. If Users are at least 13 but are under the age of 18, they may only use the Service with their parent’s or guardian’s consent and their parent or guardian must provide consent after having read these Terms. In such a case, Users represent and warrant and covenant that both the User and their parent or guardian have read and consent to these Terms (including all the conditions, limitations, disclaimers, and waivers provided herein). Users further acknowledge and agree that by using the Service they are accepting a benefit that they cannot return or disgorge and that we are relying on their representations regarding their ability to accept and perform the Terms, and they therefore waive any right they may have under applicable law to void, rescind, or otherwise avoid these Terms. If Users are a parent or guardian consenting to these Terms on behalf of a child between the ages of 13 and 18, they additionally agree to guarantee and be fully responsible for that person’s performance hereunder, including all financial obligations or liability they may incur, and all disclaimers and waivers of applicable legal protections provided herein, and Users agree to take all actions (including executing such additional documents or agreements) necessary to effect and perfect the foregoing. In all other cases, Users represent that they are 18 years or older and fully competent to enter into the Terms, and Users hereby agree and acknowledge that they have read, understood, and agree to be bound by the Terms without modification.
2. Users further represent and warrant that they are not listed on or covered by any sanctioned person lists administered by the United States government or United Nations, including but not limited to the United States Department of Treasury’s List of Specially Designated Nationals and Blocked Persons, the United States Department of Commerce’s List of Denied Persons or Entity List, and the United Nations Security Council Sanctions. Users further represent that they are not located in a country subject to comprehensive United States sanctions, including Iran, Syria, Cuba, North Korea, or the Crimea region of Ukraine. Should a User become listed on or otherwise subject to any such list or are in a country subject to comprehensive United States sanctions, then such User agrees to immediately cease use of the Service.

Communications.

1. Consent to Electronic Communications. By using the Service, Users consent to receiving certain electronic communications from us. Users agree that any notices, agreements, disclosures, or other communications that we send to them electronically will satisfy any legal communication requirements, including that those communications be in writing.
2. Emails. We may send Users emails concerning our products and services, as well as those of third parties.
Complaints from California Residents. If a User is a California resident, under California Civil Code Section 1789.3, such User may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

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