Terms and Conditions of Exhibition

Virtual Market 2021 (hereinafter referred to as "Event") is operated by HIKKY Co., Ltd. (hereinafter referred to as "Company" or “we”). Please read the following terms and conditions of this Event's exhibition rules (hereinafter referred to as "Terms") carefully. Exhibitors must comply with these Terms and the rules established by the Company. If we determine that you have violated or may violate these Terms or the rules, we may order the refusal of the exhibit application, the cancellation of the exhibit, or the removal or change of the exhibit. In that case, the Company shall not be obliged to compensate the exhibitor and related parties for damages caused by refusal of exhibition application, cancellation of exhibition, or removal / change of exhibit.

By clicking "Agree" when applying for an exhibition, you are deemed to have understood and agreed to all of the Terms.

The application is completed by completing all three procedures: "Exhibition application", "Payment of exhibition fee", and "Submission of booth". Please note that if you do not complete all the procedures, your application will be incomplete and you will not be able to exhibit.

1. Exhibition Requirements

Being a VRChat player
Comply with the VRChat’s rules
Exhibitors must be individuals who have completed compulsory education
1. If the exhibitor is a minor, he / she can exhibit only if the legal representative (parental guardian, etc.) confirms these Terms and the consent of the legal representative is obtained. If a minor exhibits, we can deem that the exhibitor has the consent of its legal representative.
There must be at least one of the following items in the exhibits for the Event
1. 3D models, materials, tools, applications, etc., that are intended for use in VR space
Understand and agree to all items of these Terms

Even if the above exhibition requirements are met, the Company may refuse the exhibition application or cancel the exhibition if it is deemed reasonable at its discretion.

2. Items Prohibited From Exhibiting

Works that are offensive to public order and morals, including adult expressions (including, but not limited to, obscenity, child pornography or child abuse)
Derivative workRegarding so-called "derivative works"
1. it is not allowed to be exhibited unless you have obtained legal and complete permission from the organization or individual who holds the intellectual property rights of the creation that was the source of the derivative works.
Items that infringe or may infringe on a third-party copyright, moral rights, trademark rights, patent rights, design rights or other intellectual property rights, trade secrets, portrait rights, privacy rights, or other rights or interests etc., of a third party.
Items that are offensive to a specific individual or group, or that causes malicious or significant disgust (e.g., slander, racism, ethnic discrimination, religious dispute, defamation / credit damage, etc.)
Items that violate laws, ordinances, rules, or administrative guidance
Items that violate the VRChat’s rules
Items that the Company deems inappropriate due to an obstacle to the execution of this Event, operational improperness or for any other reasons.

For the avoidance of doubt, we are not obliged to confirm or judge the legality or appropriateness of the exhibit in any sense, and our approval to the exhibition application does not constitute confirmation of the legality or appropriateness of the exhibit.

3. Representation and Warranty of Exhibit

Exhibitors shall be responsible for their exhibits, and the exhibitors shall confirm, represent and warrant the following items to our company.

Exhibitor must be the creator and owner of its exhibit.
Exhibitor’s exhibit shall not fall under any of the prohibited items specified in 1 to 6 of the preceding article.

4. Consent Regarding of Exhibition and Exhibition Fee

Exhibitors shall agree to all the matters set forth below before exhibiting at this Event, and those who disagree with any of them must not exhibit at this Event. In addition, exhibitors are deemed to have agreed to all the matters stipulated below by exhibiting based on the Terms.

Exhibitors cannot choose the location of the space. We will decide the location. Please create a booth so that it can be placed anywhere.
For the purpose of promoting and publicizing this Event, the Company may use or permit a third party to use any images (photos), videos (movies), songs, and sounds in this Event, whether commercial or non-commercial, in various media such as broadcasting, publishing, the Internet, and personal distribution, etc. In addition, the Company reserves the right to permit general participants to take pictures, post on SNS, blogs, etc., and distribute videos. The space and audio (including content) being exhibited may be reflected or introduced in them, and the exhibitors shall not be able to object to this for any reason.
The venue of this Event, will be applied to be public on VRChat after the Event period ends. The booth of exhibitors cannot be changed at that time. Please note that you need to take measures such as changing the blueprint ID of the avatar pedestal to a try-on avatar.
Exhibitors shall pay the exhibition fee separately determined by the Company together with the consumption tax, etc., by the method specified by the Company. Exhibitors shall pay the exhibition fee within 7 days after the exhibiting is confirmed.

5. Cancellation or Termination to the Exhibition

In the following cases, we can cancel the exhibitor's exhibition. At this time, the exhibition fee already paid will not be returned.

When the Company determines that the exhibitor has violated the Terms
When we judge that the intention of exhibiting cannot be confirmed, such as not paying the exhibition fee within the deadline, we cannot contact the exhibitor for a week, or the like.
When Company determines that the exhibitor's exhibition interferes with the execution of the Event, or the exhibitor's exhibition is inappropriate.

After applying for an exhibition, cancellation of the exhibition at the request of the exhibitor will not be accepted without the consent of the Company.

6. Exhibition Precautions

There is no direct relationship between this Event and VRChat. Please refrain from making inquiries about this Event to VRChat.
Please refrain from any inconvenience, trolling or vandalism to exhibitors and visitors. If the Company determines that the exhibitor has committed trolling, vandalism, inconvenience, etc., to the visitors or other exhibitors during, before or after the exhibition period, the Company reserve the right to request the exhibitor to improve the act and exhibit, and cancel or refuse exhibition applications from the next time onwards.
If it becomes difficult to hold this Event on the specified date, the Company may postpone, change, shorten or cancel the date based on the judgment at its discretion. In addition, due to force majeure (meaning reasons attributable to a third party, interruption or suspension, etc., of VRChat, natural disasters, or any other situation beyond the reasonable control of the Company. The same shall apply hereinafter), the Event may be canceled. Please be forewarned.
Companies and corporations cannot exhibit in spaces for the general public. For exhibiting in the corporate space, please contact us from the inquiry form for companies. *Even if you are a "startup company in the first period of establishment", there are cases we may permit to exhibit in the exhibition frame for the general public, so please contact us.
Exhibitors shall not assign all or part of the status, or the rights or obligations under these Terms to any other party without the prior written consent of the Company.
In the event that, regarding exhibiting at this Event, exhibitors cause damage to a third party or receives a claim or other demand from a third party due to reasons attributable to the exhibitors, the exhibitors shall be responsible for handling and resolving the matter at their own responsibility and expense. The same shall apply in the event that exhibitors suffer damage from a third party or makes a claim or other demand against a third party in connection with exhibiting at this Event.
If exhibitors cause damage to the Company or its affiliates due to reasons attributable to themselves, the exhibitors shall compensate the Company or its affiliates for all damages.
Regardless of default liability, tort liability, or any other legal claim, cause or reason,

the scope of liability for damages we owe to exhibitors with respect to this Event or these Terms shall be limited to ordinary damages incurred by exhibitors as a direct result of reasons attributable to the Company, and the amount of compensation for damages shall not exceed the amount of monetary profit actually obtained by the Company from the Event exhibited by the relevant exhibitors.

7. Disclaimer

This Event does not recommend exhibitions and is not responsible for any exhibitions. Exhibitors are responsible for the content provided by exhibitors using this Event, and the Company does not in any sense guarantee any content, etc., of exhibits. Regardless of the exhibitor's intention or negligence, the Company is not responsible for any trouble caused by an exhibit that infringes the rights of a third party or an exhibit that violates the law, or trouble or damage caused by allegations of defamation or slander.
Due to unexpected specification changes on the VRChat side, unknown bugs, or other unforeseen circumstances, the booth may be placed in an insufficiently functional state. Please be forewarned.
After the final submission deadline has passed, if the booth has a fatal bug or is in a state where the appearance is clearly abnormal, etc., we will notify the exhibitor and the Company may modify the booth or remove the entire booth. In that case, we will not be liable for any changes, corrections, defects, etc., regarding the function or appearance of the booth.
If a booth or exhibit is found to violate the Terms or have other serious problems after submission or during this Event, the Company may modify or remove the booth without prior notice to the exhibitor. The Company shall not be liable for any damages or troubles caused by this.
If it is unavoidable due to operational or technical reasons, or if maintenance is performed due to a failure of the equipment for this Event, etc., the Company may interrupt, cancel or terminate all or part of the Event without prior notice or consent to the exhibitors. The Company shall not be liable for any damages caused by this.
The Company shall not be liable for any and all damages under any legal structure that may be incurred by the exhibitors or the exhibitors' customers or other related parties due to the suspension of the VRChat service, natural disasters or other force majeure, or the agreement stipulated in these Terms.

8. Governing Law and Jurisdiction

The Terms and other rules established by the Company shall be governed and construed in accordance with the laws of Japan without giving effect to any conflict of law rules. The Tokyo Summary Court or the Tokyo District Court shall be the exclusive court of first instance for any litigation based on or related to the Terms and other rules established by the Company.

9. Elimination of Antisocial Forces

Exhibitors pledge that they are not antisocial forces (organized crime groups, member of organized crime groups, those who have not been members of organized crime group for less than five years, associate members of organized crime groups, companies related to organized crime groups, corporate extortionists, racketeers or blackmailers , and others who are equivalent to these. The same shall apply hereinafter.) by themselves, and not involved in providing funds or convenience to those antisocial forces.
Exhibitors shall not use themselves or a third party to perform any act such as (1) violent demands, (2) unreasonable demands beyond legal responsibility, (3) threatening words and actions or using violence regarding transactions, (4) disseminating rumors, using counterfeiting or power to damage the credibility of the other party, or interfere with the other party's business, (5) other acts equivalent to these.
If the exhibitor violates any of the provisions of this article, the Company shall be able to cancel any and all contractual relationships concluded with the exhibitor without any procedure such as notification. In this case, the Company shall not be required to compensate or indemnify the exhibitor for any damages incurred. In addition, in the event of damage to the Company, the exhibitor shall compensate for the damage

10. Changes to terms and conditions

We may set or modify the Terms and other various rules at any time without prior notice in order to carry out the business smoothly. In addition, at any time, we may make new arrangements, or make various additions or changes to matters not described in the Terms.

If we change the Terms, we will inform you by any method we deem appropriate such as posting the change on this page to show the content and effective date, or notifying those who have already applied for exhibition by e-mail, etc. If you do not send a written declaration of disagreement to us within 3 days thereafter, we may deem that you have agreed to the changed Terms.

If we receive a written declaration of disagreement in the above document, we may make cancel / end the exhibition and remove / change the exhibit related to the person who indicated such disagreement on the date designated by us after the date of receipt based on our discretion.

*The Terms are subject to change without notice. Please check regularly for any changes.