■ MusicVket Exhibition Terms (For Individual Exhibitors)

MusicVket (hereinafter referred to as “the EVENT”) is hosted by HIKKY Co., Ltd. (hereinafter referred to as “the Company”). Exhibitors shall follow rules and terms below (hereinafter referred to as “Terms”) defined by the Company. When the Company judges the exhibitor is in breach of Terms and the rules or is possible to be in breach of Terms and the rules, the Company may decline the exhibitors’ applications, cancel the exhibition, and remove or change the Spaces and display items. Also, the Company shall not be liable to compensate exhibitors and related parties and/or people for any losses or damages arising from declining the exhibitors’ applications, canceling the exhibition, and removal or change of the Spaces and display items.

By clicking the “Agree” button when submitting the exhibitor application, the user shall be regarded as understanding all sections of Terms and agreeing its contents. Exhibitors may exhibit at the EVENT by executing all three procedures: “exhibitors’ application”, “approval for exhibitors’ application from the Company”, and “submission to the Space”. Please note that unless all procedures have been completed, exhibitors may not exhibit at the EVENT.

1. Exhibitor Qualification

  1. Exhibitors should have completed compulsory education.

If the exhibitor is underage, the legal representative (such as parental authority) of the exhibitor shall understand Terms and shall agree with Terms to exhibit. When underage individuals exhibit, it shall be regarded as that the agreement from the legal representative is properly made.

  1. Exhibitors shall be individuals. (Refer here for Exhibition Application for Companies and Corporations).

  2. Exhibitors have an ability to read and communicate with either Japanese or English.

  3. Audio samples shall be sourced from “audio works” that are sold through downloads or mail orders such as compact disks (CD).

  4. The specified file can be created and submitted for uploading to the Space.

  5. Exhibitors shall understand the terms above and agree with terms above.

Even if exhibitors satisfy the qualifications above, in case the Company judges it as reasonable at its discretion, the Company may decline the exhibition applications or cancel the exhibition.

2. Explanation of Definition

  • Exhibitor: refers to an individual who applies for exhibition at MusicVket and submits to the space with the approval of the Company.
  • Circle: refers to a group (including single member group) consisting of individuals applying for exhibition.
  • Space: the place to set up and exhibit content introducing the work submitted by the exhibitors including the audio sample sources, promotional video and images or sales link URL, etc.
  • Exhibited Work:refers to musical works exhibited and sold at the spaces (including free handouts)

3. Requirements for Exhibiting Works

  1. Any items relevant to the following lists shall not be exhibited and distributed in the EVENT. In the event that the exhibitor is in breach of any of the following, the Company may modify or remove the relevant works or spaces without any notice.

(1) Adult content, obscenity, child pornography, and/or child abuse.

(2) Any items that infringe or may infringe on patent right, design right, trademarks, copyrights, other intellectual property rights, portrait right, privacy right, and other rights for the third parties or the interest.

(3) Any contents that offend certain individuals and/or groups, are malicious, or inspire a feel of repugnance. (Eg. Defamation, racial/ethnic discrimination, religious violence, damage to honor and/or credit, etc.).

(4) Any contents that are in breach of laws, local ordinance, rules, administrative guidance, or public order and morality in Japan.

(5) Those who are in breach of the terms of each platform where the EVENT is held.

(6) Anything else the Company determines to be obstructive to the execution of the EVENT or is inappropriate for operation at the EVENT.

  1. With respect to the so-called “derivative work”, it may not be exhibited or distributed except in the case where the exhibitor can judge at the exhibitor’s own risk that it complies with laws and regulations, etc. pursuant to the terms, guidelines or statements, etc. concerning the derivative work of an organization or an individual which/who retains the intellectual property right of the work which became the original source of the derivative work. The Company is not, in any sense, obligated to confirm or judge the legality of exhibited work. Even upon the Company’s approval of an application for exhibition, it may not be deemed that the legality of the exhibited work has been confirmed.

4. About Canceling Exhibition

  1. After applying for the exhibition, the cancellation for the EVENT exhibition desired by the exhibitor is not allowed without agreement from the Company.

  2. Notwithstanding the provisions of the preceding paragraph, exhibitors shall send a document (Email is allowed) to notify the Company in the event that the exhibitor needs to cancel the exhibition for unavoidable reasons.

5. About Postponement and Cancellation of the EVENT

  1. In the event of difficulty of holding the EVENT by the fixed date, the Company may postpone, change, shorten, and /or cancel the date based on the judge at its discretion.

  2. In the event of unavoidable reasons, (any reasons attributed to third parties, suspension or interruption of each platform etc., natural disasters, and all the other situations where the Company does not have any reasonable control. The same as below.) the EVENT can unavoidably be canceled.

6. Agreements on Exhibition

Exhibitor shall agree with all the terms in this document including below to exhibit the EVENT, and any exhibitor who fails to agree to even a part thereof may not exhibit at the Event. Also, the exhibitor shall be regarded as agreeing all terms in this document including below by exhibiting at the EVENT based on Terms.

(1) Exhibitor may not choose the position of the space. The placement shall be determined by the Company according to the genre of the Exhibited Work, etc.

(2) With respect to photos (images), pictures (videos), songs and sounds, etc. in the venue in preparation for or during the EVENT, the Company may sometimes use them in various media such as broadcasting, publication or Internet, or permit use of them by media or individual streamers for the purpose of advertising/publicity of the EVENT. In addition, the Company will permit the posting to SNS or blogs, etc. and video streaming by the visitors. Therefore, there are cases in which exhibiting Spaces and/or sound (including contents) may be reflected in those or otherwise introduced, and exhibitors shall not dispute this matter for any reasons. Please understand in advance.

(3) If exhibitors are found by the Company to behave offensively or annoyingly towards visitors and other exhibitors before, during, or after the EVENT period, the Company may request the improvement of said behavior(s) and/or cancel the exhibition of the exhibitor or reject the exhibition application of the exhibitor for any following events.

(4) Due to unexpected specification changes, unknown bugs on each platform, and/or any other unforeseen circumstances, there is a possibility that the exhibit may be set up with incomplete Space functionality. Please understand in advance.

(5) The Company may suspend a part or the whole of the EVENT, cancel, or terminate the EVENT in the event of unavoidable functional and technical issues or maintenance due to the malfunctions of the EVENT equipment, etc. without needing prior notification to or agreement from exhibitors.

(6) The venue of the EVENT will be published again after the end of event period. The Company is not obliged to modify the booths of exhibitors at that time.

(7) The Company may use articles submitted such as the content introducing the work submitted by the exhibitors including jacket image, life-size panel image, menu image, promotional video, audio sample source or sales link URL, etc. for advertising and promotion of the Event (including every kind of utilization such as reproduction, copying, alteration or sublicensing to a third party).

7. Other Notes

  1. The content of the EVENT and each platform does not have any direct relationship. Please do not contact each platform for this EVENT.

  2. Companies and corporates shall not exhibit as an individual exhibitor. Please contact the Company here for Company and Corporate applications.

*The Company will examine whether the exhibition applicant falls under a “company/corporation” given the actual condition of development system or organization, and funding, etc. Please see the Exhibitor Guidelines or inquire individually.

  1. Exhibitor shall not transfer a portion or the whole of the status of the Terms and the rights and obligations based on the Terms to the third parties unless there is an approval from the Company by document in advance.

  2. In the event that the exhibitor causes damage to the third parties for any reason attributed to the exhibitor him/herself, or in the event of complaints or requests from third parties, they shall be settled upon his/her full responsibility and his/her expenses. In the event that the exhibitor is caused damage by third parties due to the EVENT exhibition or in the event that the exhibitor complains and requests to the third parties, the same shall apply.

  3. In the event that exhibitor causes damage to the Company or the relevant persons to the Company for any reason attributed to the exhibitor, exhibitor shall be liable for any and all damages against the Company or the relevant persons of the Company.

8.Disclaimer

  1. The EVENT is not intended to recommend the quality or performance, etc. of the Exhibited Work and the Company will not be responsible for any Exhibited Work. Any information provided by the exhibitor through the EVENT shall be provided with full responsibility falling to the exhibitor, and the Company makes no warranties with respect to the content etc. Also, regardless of intent of the exhibitor, the Company shall not take any responsibility for any troubles and/or damages caused by Spaces and/or distribution files.

  2. In the event that a certain space or distribution file is in breach of exhibitor terms or other critical issues are revealed after submission to the space or during the EVENT, the Company may modify or remove the space in question without any notice to the exhibitor. The Company shall not take any responsibility for any troubles or damages by the modifications and removals.

  3. The Company shall not take any responsibility for the contracts etc., between exhibitors and visitors during the EVENT or after the EVENT.

  4. For any damages to exhibitors, exhibitors’ customers, and/or other relevant persons caused from unavoidable events (meaning discontinuation and suspension of the platform, Act of God, epidemics/infections, or any other circumstances beyond the reasonable control of the Company) or the agreements defined in article 6 (Agreements on Exhibition), the Company shall not take any responsibility for the compensation with any legal compositions.

  5. Regardless of the legal statement of claim or causes such as liability for default or liability for damages, concerning the EVENT or Terms, the scope of the Company’s liability for damages to the exhibitors shall be limited to ordinary damages actually incurred by the exhibitors, which are caused directly by reasons attributable to the Company (not including the lost profits), and the amount of compensation shall not exceed the amount of monetary profits the Company has actually gained through the EVENT owing to participation in the EVENT by the relevant exhibitor.

9. Governing Law and Jurisdiction by Agreement

The Terms and other rules the Company defines are governed by in accordance with the laws of Japan and reference to principles of conflict of laws other than the laws of Japan shall be eliminated. Any dispute arising out of or in connection with the Terms shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court according to the jurisdictional amount as the court of first instance.

10. Exclusion of Anti-Social Forces

  1. Exhibitor represents and warrants that exhibitor is not and shall not fall under any of the anti-social forces (an organized crime group, a member of an organized crime group, a related company or association of an organized crime group, a person who was a member of an organized crime group within the past 5 years, a semi-regulars of an organized crime group, a so-called Sokaiya (corporate racketeer) etc., a group engaging in criminal activities under the pretext of conducting social campaigns or political activities, a criminal group specialized in intellectual crimes, and any other person or group engaged or involved in organized crimes. The same as below) and provide funds or convenience, etc. to the anti-social forces.

  2. Exhibitor shall not conduct to themselves or through the use of third parties 1) a demand with violence, 2) an unreasonable demand beyond its legal entitlement, 3) use of intimidating words or actions for trades, 4) damages the credit or obstructs the business of the other party by spreading false rumors or by the use of fraudulent, or 5) any other equivalent actions of above.

  3. In the event that the exhibitor is in breach of the provision of this article, the Company shall be entitled to terminate all the agreements without any notice. In this case, the Company shall not compensate any of the damages even if the exhibitor receives damages. Also, the exhibitor shall compensate the damages if the Company receives damages.

11. Modification of Exhibitor Terms

The Company may set and revise each rule, etc. at any time in order to perform business smoothly. Also, the Company may decide new matters not mentioned in the Terms, add and/or change each at any time. In the event for the Company to change the Terms, the Company shall publish the concerned changes with the content in this page and the effective date. Also, the Company shall take an appropriate method such as sending an email to notify persons who have applied for the exhibition. In the event that no document (email is allowed) of disagreement within three days after the notification of the change in the Terms is received by the Company, it shall be regarded as an agreement after the changes. In the event that the Company receives a document of disagreement above, after the receive date of the document and with the date the Company specifies, the Company, at its discretion, may cancel or terminate the exhibition of the concerned exhibitor, and may remove or change the spaces and display items of the concerned exhibitor.

I hereby agree to comply with the Exhibitor Terms and apply for participation in the EVENT.

(Consent button)