CUSTOM CAST

Terms of service

Custom Cast Terms of Use

The Custom Cast terms of use (“the Terms of Use”) are applicable to all matters concerning utilization by the user (“the User”) of the Custom Cast app (“the App”) provided by Custom Cast, Inc. (“the Operating Company”). Before using the App, the User agrees to all the Terms of Use as displayed in the App.
The User must be at least 18 years of age to use the App. If the User is a minor in the country where the User resides, a parent or guardian must consent to the Terms of Use in relation to use by minors.

Article 1 App Usage
The User may create 3D characters by combining material data (“Content Data”) in the App. See the help page for details.

Article 2 Account
No account registration is required for App usage. User IDs are created automatically upon download.

Article 3 Handling of Personal Information
1. Personal information relating to the User is obtained by the Operating Company for use of the App, and shall be handled in accordance with the Operating Company’s Basic Policy on the Protection of Personal Information.
2. The Operating Company shall also obtain data on the User’s facial expressions for rendering of 3D characters, but will not save such data or provide the same to any third party.
3. The Operating Company conducts access analysis and other forms of service monitoring using the Google Analytics and Google Analytics 360 facilities provided by Google LLC as well as other tools for analysis of App usage. This may allow Google LLC to obtain device identification and other information on the User via cookies and other data issued by the Operating Company or Google LLC. By using the App, the User permits Google LLC to conduct such data processing via the method and for the purpose stated above. Such information does not include data allowing identification of individuals. Refer to the Google LLC privacy policy for details. Anybody not consenting to the use of cookies and other data by Google LLC should follow the opt-out procedure on the Google LLC website.

Article 4 Usage Information
1. All usage information on the App, including 3D characters and other items created by the User (“Usage Information”) will become unusable if the App is uninstalled, re-installed or transferred to another device/model, or if the device is re-initialized. Some Usage Information may be restored or transferred to other compatible devices via the designated procedures using the App’s data transfer function (“the Data Transfer Function”).
2. The Data Transfer Function shall be used voluntarily at the User’s own discretion. The Operating Company shall take no responsibility concerning Usage Information and the Data Transfer Function.

Article 5 Paid Content
1. Usage of the App involves virtual currency, virtual items and other forms of paid content (“Paid Content”).
Access to Paid Content requires payment of the unit price set for each paid item as displayed in the App (“the Purchase Fee”). Virtual items among Paid Content may have an expiry date.
2. Paid Content shall be paid for in accordance with the conditions stipulated separately by the Operating Company or the company handling the method of payment as designated by the Operating Company (the “Payment Service Provider”).
3. Communication charges shall apply to use of the App in addition to the Purchase Fee for Paid Content.
4. Paid Content may be changed or be discontinued for operational or other reasons.
5. The Operating Company shall not refund Purchase Fees for Paid Content except when required to do so by law.

Article 6 Prepaid Payment Instrument
For Paid Content, the virtual currency content (Cast Coin) indicated as a prepaid payment instrument on the Information Based on the Payment Services Act page shall be handled as such in accordance with the Payment Services Act. Other virtual content items purchased via this instrument shall be deemed to have been delivered upon provision, and shall not be considered part of the prepaid payment instrument.

Article 7 Damages and Disclaimers
1. The Operating Company provides no guarantee concerning the accuracy, legality, morality, recency, appropriateness or other properties of information and content included in the App, and shall not be responsible for any direct or indirect damage associated with competence using the App or any link therefrom, damage incurred by the User due to the violation of any provision of the Terms of Use, damage arising from disputes between users, or damage to the User in relation to the handling of matters by the Operating Company. The Operating Company shall also not be responsible for any disputes between the User and communications companies or Payment Service Providers concerning communication charges and other fees associated with the use of the App. However, related assistance shall be provided where the protection of the User is mandated by consumer protection laws or similar in the User’s country of residence.
2. The Operating Company offers no guarantees regarding App performance either outside or within the environments recommended on the service page. Certain User devices and communication environments may not be suitable for the services provided. Service may be partially or wholly discontinued due to power failure, defects in communication lines, acts of God or other unavoidable circumstances not attributable to the Operating Company. By using the App, the User indicates full awareness of the potential for such circumstances and shall not hold the Operating Company responsible for any damages incurred by such.
3. The User shall observe the Terms of Use and other regulations of external services linked with the App. The Operating Company shall not be responsible for any disputes arising from the use of such services.
4. Notwithstanding the provisions of this Article, the Operating Company may compensate for damages incurred by the User from the use of the App in cases where the Operating Company is at fault (excluding cases of gross negligence) up to in an amount equivalent to the Purchase Fee paid by the User for Paid Content in the month during which the damages occur. However, the Operating Company shall not be responsible for any such damage arising from particular circumstances (including cases in which the Operating Company or the User predicted or could have predicted the occurrence).

Article 8 Prohibitions
The following acts are prohibited during the use of the App. The Operating Company may discontinue provision of the App to anybody deemed to have engaged in any such acts, and may take other measures without prior notice or demand.
(1) Actual or potential violation of copyrights, trademarks or other intellectual property rights of the Operating Company or a third party
(2) Actual or potential violation of the assets of the Operating Company or a third party, or the privacy or portrait rights of a third party
(3) Impersonation of another individual, company or other organization
(4) Discrimination or false claims against a third party, theft of identity from a third party or other acts that damage or may damage the reputation or credibility of a third party
(5) Transmission or display of content offensive to a third party, such as images, documents or other data representing obscenity, child pornography or child abuse, sale of media containing such content and advertising associated with the transmission, display or sale of such
(6) Purchase/sale, auctioning, monetary payment and similar without the permission of the Operating Company
(7) Solicitation, including advertising/promotion of merchandise and the use of spam e-mail and chain e-mails without the permission of the Operating Company
(8) Disclosure of User e-mail addresses, telephone numbers or other personal information to a third party
(9) Hindrance or potential hindrance of the use of telecommunications equipment by the Operating Company or a third party
(10) Falsification or deletion information usable on the App
(11) Unauthorized analysis, decompilation, disassembly or reverse engineering of apps provided by the Operating Company
(12) Development, distribution or use of programs for the purpose of illegal use of the App, including illegal tools, illegal applications, bootlegs and cheat tools, and solicitation or recommendation of such to a third party
(13) Transmission of computer viruses or other harmful content
(14) Leveraging of App issues for illegal purposes or provision of information on such issues to a third party
(15) Hindrance of App operation by the Operating Company
(16) Any other act deemed to contravene public policy, laws or the rights of the Operating Company or others
(17) Violation of any provision of the Terms of Use
(18) Use of the App for purposes other than those intended
(19) Any other act deemed inappropriate by the Operating Company

Article 9 Intellectual Property Rights
Copyrights for the App and for other intellectual property rights to images, text, information and all other content provided by or obtained from the App shall belong to the Operating Company or third parties authorized by the Operating Company. The User shall not reproduce, assign, loan, translate, alter, reprint, publicly transmit (or enable transmission), deliver, distribute, publish or commercially use the App without the permission of the Operating Company. Use of the App is subject to the conditions and to the extent indicated in the Terms of Use. Usage of the App under the User Agreement shall not constitute the transfer of any related rights to the User.

Article 10 App Suspension/Discontinuation
The Operating Company may partially or wholly suspend provision of the App for any reason without prior notification. The Operating Company shall not be responsible for any direct or indirect damages incurred by the User in relation to the usability of the App or external services linked to the App, to violations of any of the Terms of Use, or to issues relating to the handling of matters by the Operating Company as provided in the preceding paragraph, nor shall it be responsible for any dispute between the User and communications companies or Payment Service Providers concerning communication charges or other fees arising from the use of the App.

Article 11 App Service Changes
The Operating Company may change or discontinue the App service, including alterations or upgrades of related functions or specifications, and shall in principle provide advance notification of any plans for discontinuation on the App website or within the App itself. The Operating Company shall assume no responsibility for any damages incurred due to alteration or discontinuation of the service.

Article 12 Assignment of Status Provided by the Terms of Use and Related Matters
The User shall not dispose of any rights or obligations based on the status provided under the Terms of Use to any third party by assignment, transfer, collateral setting or other means without written consent from the Operating Company. When assigning all or part of its App-related business to another company, the Operating Company may assign the status provided by the Terms of Use and related rights and obligations to the assignee, and the User shall consent to such assignment.

Article 13 Changes to the Terms of Use
The Operating Company may change the Terms of Use at its discretion. Any such change and the effective timing thereof shall in principle be detailed on the App website or in the App itself, and the User shall be deemed to have agreed to the change by using the App thereafter.

Article 14 Severability
If any provision of the Terms of Use is nullified due to the infringement of a mandatory provision or other factors, the other provisions shall remain in force. The nullified provision shall naturally be replaced with another effective provision by which the originally intended economic purposes can be attained, and the User shall consent to the new provision.

Article 15 Governing Law, Competent Court and Language
1. The Terms of Use shall be governed by and interpreted in accordance with the laws of Japan.
2. Any disputes or issues arising out of or in connection with the Terms of Use or the use of the App shall be handled under the exclusive jurisdiction of the Tokyo District Court in the first instance. The Japanese version of the Terms of Use shall be the original, and shall be interpreted only in Japanese. Translation into other languages shall be provided solely for the convenience of the User, and shall not be referred to for interpretation of the Terms of Use.

Valid as of March 30, 2020