Effective Date: [9] [25], 2023
Terms of Service
The following Terms of Service (the “Terms”) establish the terms and conditions governing the relationship between you and Overthehand Inc. (the “Company”, “we”, “us”, or “our”). The Terms outline the rules by which you may access and use the MASCOZ service and related websites, programs, software, applications, etc. (collectively, the “Services”).
It’s important to understand that the Terms constitute a legally binding agreement between you and us. Therefore, we urge you to review them carefully. If you are below 18 years of age (or the age of majority applicable in your jurisdiction of residence), have your parent or legal guardian review the Terms. If you disagree with any provision of the Terms, you should refrain from accessing or using the Services or any other information connected to the Services. By clicking “[Create Account]” or by using or continuing to use the Services, you indicate your agreement to comply with each of the terms set forth in this document. Please note that the Supplemental Terms at the end of this document and our Privacy Policy are in their entirety incorporated in the Terms by reference.
We may, at our sole discretion, make amendments to the Terms from time to time. Such amendments could occur when we introduce new features to our Services or in response to regulatory changes. The amended Terms will be made available on [this page]. You hereby acknowledge and agree that by doing so, we have provided you with sufficient notice of the amendment. While we will make reasonable efforts to inform you of material changes to the Terms, you should also periodically review the Terms for any such modifications. The “Effective Date” at the top of the Terms will be updated as well. You hereby understand and agree that continuing to access or use the Services after the Effective Date of the amended Terms constitutes your acceptance of and agreement to the amended Terms. If you disagree with the amended Terms, you must discontinue your access and/or use of the Services.
Restrictions
a. Age: The Services are intended solely for individuals aged 13 and above (or the minimum age applicable in your jurisdiction of residence). Should we become aware of a user under the specified age using the Services, we will terminate such user’s account.
If you are under 18 years of age (or the age of majority applicable in your jurisdiction of residence), you must have your parent’s or legal guardian’s permission to access and/or use the Service, as well as have them read and agree to the Terms. You hereby represent and affirm that you are at least 18 years old (or at least the age of majority applicable in your jurisdiction of residence) or that you are the parent or legal guardian of a user who is under such age of majority but is at least 13 years of age or the minimum age applicable in the user’s jurisdiction of residence (“minor”).
If you are the parent or legal guardian of a user who is a minor, you hereby represent and agree that you are agreeing to the Terms on behalf of the minor, and you further understand and agree that you will bind the minor to the Terms and, to the maximum extent permitted by law, indemnify and hold harmless the Company and its affiliates, directors, officers, employees, and agents against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with the minor’s breach of any provision of the Terms.
b. Availability Across Jurisdictions: The Services might not be accessible in all jurisdictions. The Company has the sole and absolute discretion in determining the jurisdictions in which the Services will be offered. Furthermore, the Company reserves the right to add or remove jurisdictions at any time, for any reason or no reason, and without prior notice or liability to you.
The Company may also employ measures to restrict access to the Services from jurisdictions where use of the Services is prohibited or limited. It is your responsibility to adhere to such restrictions, even if the measures implemented by the Company are ineffective or can be circumvented. For example, you must not use a Virtual Private Network (VPN) to avoid geographical restrictions imposed by us. You hereby understand and agree that the Company will not be liable for any damages arising from avoiding or circumventing geographically restrictive measures implemented by us.
Account Registration and Management
a. Creating an Account: To access and use our Services, you must create an account with us. During the account registration process, it is imperative that you provide us with accurate and up-to-date information. It remains your responsibility to uphold the accuracy and timeliness of your information, and to promptly update any details or other information you provide to us. You hereby understand and agree that the Company will not be liable for any damages arising in connection with the inaccuracy or falsity of the information you provide to us, including but not limited to your date of birth or age. We will process and manage the information you provide to us and other data pertaining to your use of the Services in accordance with our Privacy Policy.
b. Account Exclusive to You: Your account is intended exclusively for your use. Transferring or lending your account to any third party is prohibited, as is the inheritance of your account by any third party. You acknowledge and agree that you bear the responsibility of safeguarding the confidentiality of your account credentials, as well as overseeing all activities conducted under those credentials. If you know or suspect that any third party has accessed your account credentials or gained unauthorized access to your account, you should promptly notify us at cs@overthehand.com.
c. Account Suspension and Termination: You hereby understand and agree that the Company may, in its sole and absolute discretion, at any time, for any reason or no reason, without prior notice or liability to you, terminate or suspend your access to the Services, including instances where you breach the Terms.
d. Account Deletion: If you decide to discontinue use of the Services and wish to delete your account, please reach out to us at cs@overthehand.com. We will offer guidance and support throughout this process. Once you initiate the account deletion process, reactivation of your account will not be possible, and any content or information you have contributed will be irretrievable.
Use of the Services
a. MASCOZ Content: “MASCOZ Content” refers to all forms of content, including but not limited to 3D models (avatars), items, videos, images, text, graphics, music, live broadcasts, and more, provided by the Company to establish and operate the Services. You hereby acknowledge and agree that the Company holds all ownership rights, titles, and interests in and to the Services and all materials included within the Services, including the MASCOZ Content, and all associated intellectual property rights such as copyrights, trademarks, design rights, trade dress, patents, and others.
Subject to your adherence to the Terms, the Company grants you a limited, personal, non-transferable, non-sublicensable, revocable, terminable, and non-exclusive license to use the Services, including customization and use of your avatar, in and only in accordance with the terms and conditions set forth in this Article 3. This license lasts until you delete your account or until we suspend or terminate your account or the Services, whichever is earlier, and we may suspend or revoke the license in whole or in part at any time. The Company reserves any and all rights not expressly granted to you in the Terms.
Aside from the license expressly granted in this Article 3, you understand and agree that you hold no right to modify, edit, copy, reproduce, create derivative works from, reverse engineer, alter, enhance, or exploit the Services or the MASCOZ Content in any manner. For the avoidance of doubt, the license granted in this paragraph does not give you any ownership rights, titles, or interests in or to the MASCOZ Content.
It is crucial to note that any breach of the Terms concerning intellectual property rights of the Company or a third party may expose you to both compensatory and punitive damages. Additionally, such violations shall entitle us or the third party to seek equitable remedies, including injunctive relief, in addition to (and not in substitution or replacement for) any other available remedies in law or equity.
b. User Content: You may create materials such as photos, videos, graphics, items, etc. (collectively, “User Content”) using your avatar (3D model) only within the scope designated by the Company. Unless expressly allowed under the Terms or otherwise approved by the Company beforehand, you must not use, reproduce, adapt, or publicly transmit your avatar or the MASCOZ Content.
(1) Non-Commercial Use. You are allowed to use your avatar and/or your User Content for non-commercial use (e.g., academic, artistic, educational, informational, personal, etc. and not for profit).
However, you are not allowed to create, possess, or distribute merchandise using your avatar, whether in 2-dimensional or 3-dimensional forms, even for a non-commercial use.
You also are not allowed to transform your avatar or other 3D models that we provide as part of our Services into any other 3D formats, or use the Services, the MASCOZ Content, your avatar, or other 3D models available within the Services to create an application, system, program, or services that generate avatars, 3D models, or items, whether by deforming or combining meshes or other methods, even for a non-commercial use.
(2) Streaming Platforms. You may use your avatar and/or your User Content on YouTube, AfreecaTV, Twitch, and other similar streaming services. You are permitted to generate revenue through the platforms’ monetization features, such as channel membership earnings, Super Chats, user donations transmitted through the platforms, and advertising revenue derived from ads displayed on your videos or livestreams (including paid promotions that are part of your videos or livestreams).
We remind you that these third-party streaming platforms have their own terms of service, and we encourage you to review them carefully. You understand and agree that we shall not be liable for any losses, liabilities, damages, costs, or expenses to you or a third party in connection with your use of these third-party streaming platforms.
(3) Other Commercial Use. For all other commercial or for-profit use (e.g., marketing, promotion, sale, etc.), you must submit an inquiry to us and enter into a commercial license agreement with us, or alternatively, secure our permission, prior to such use.
When creating, posting, or otherwise using your avatar and/or your User Content, whether within or outside the Services, you are prohibited from including or transmitting elements or messages that: i) discriminate based on nationality, age, political views, gender, sexual orientation, race, culture, religion, etc.; ii) contain explicit or suggestive content of a sexual or obscene nature; iii) promote hate speech or action; iv) convey threats or depict violence; v) violate laws and regulations application in your jurisdiction of residence; or vi) otherwise affect the Company’s reputation negatively.
For any queries related to the above or for use cases not explicitly mentioned in the above, please submit your inquiry to us at cs@overthehand.com. Should you use your avatar and/or your User Content in manners not expressly approved or otherwise stipulated in the Terms and without securing our permission, we reserve the right to assert legal liability against you. You hereby understand and agree that the Company has sole and absolute discretion in determining whether any use of the MASCOZ Content, including use of your avatar and/or your User Content) complies with the Terms.
c. The Company’s trademark and logo: Any use of the Company’s logos or trademarks, including those of Overthehand and MASCOZ, must be approved by the Company prior to such use.
d. User Responsibility: You hereby understand and agree that you bear the sole responsibility for, and the Company bears no responsibility for, the cost or fees associated with any cellular data, Wi-Fi, or other services or equipment (e.g., personal computer, laptop, etc.) that are necessary to use the Services or otherwise used by you in connection with the Services.
Furthermore, you bear sole responsibility for your User Content, and any issues or disputes arising from it. The Company assumes no responsibility, except in cases of willful misconduct or gross negligence on the Company’s part. You hereby represent and warrant that you either own or possess the requisite rights to create and/or use your User Content. You are prohibited from creating, posting, storing, or sharing any User Content that breaches the Terms or for which you lack the necessary rights to create or use said User Content.
Although we are not obligated to screen, edit, or monitor User Content, we retain the right to delete or remove User Content at any time, for any reason or no reason, and without prior notice or liability to you. In our sole discretion, we may also request that you discontinue using your avatar or User Content. Upon receipt of such a request, you must promptly cease using said avatar or the User Content.
Intellectual Property Rights
a. Services, MASCOZ Content, and Your Avatar: As stated in Article 3 and without limiting the language therein in any way, the Company holds all ownership rights, titles, and interests in and to the Services and all materials included within the Services, including the MASCOZ Content (including but not limited to your avatar), and all associated intellectual property rights such as copyrights, trademarks, design rights, trade dress, patents, and others.
For the avoidance of doubt, the Company holds all ownership rights, titles, and interests, including all associated intellectual property rights, in and to your avatar, and you hereby agree not to exercise your moral rights or any other personal rights in your avatar against the Company.
b. Your User Content: Intellectual property rights, including but not limited to copyrights, concerning your User Content, excluding any elements of the MASCOZ Content (including your avatar) contained therein, belong to you. You hereby understand and agree that as the creator of User Content, you do not acquire any other intellectual property rights in the MASCOZ Content.
You also hereby agree to grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide license to store, cache, reproduce, save, encode, play, record, sell, sub-license, distribute, display, perform, transmit, translate, broadcast, sync (or synchronize), edit, modify, adapt, make public, exhibit, post, publicize, use, and otherwise exploit your User Content and create derivative works of the User Content. You further agree that the preceding license also allows the Company to offer your User Content to service providers and other third parties with whom the Company has contractual arrangements for the aforementioned purposes.
Prohibited Conduct
While accessing and using the Services, as well as using your avatar and/or User Content beyond the MASCOZ platform, you are strictly prohibited from engaging in the following actions:
a. accessing or utilizing the Services in any manner not explicitly permitted by the Terms
b. using the Services, the MASCOZ Content, and/or your User Content in any manner that competes with the Company
c. violating any relevant laws or regulations in connection with your use of or access to the Services
d. probing, scanning, or testing the security vulnerabilities of the Services or any associated system or network
e. attempting to bypass any content-filtering techniques employed by us or trying to gain unauthorized access to areas or features of the Services
f. introducing viruses, malicious code, or any form of disruptive elements, or attempting to compromise, evade, or circumvent the security mechanisms of the Services
g. using the Services in a way that could disrupt, hinder, negatively impact, or obstruct other users from fully enjoying the Services, or that might harm, disable, overburden, or impair the functioning of the Services
h. developing or using third-party applications that interact with the Services or the content or information of other users in ways not explicitly allowed by the Terms, without our written consent
i. using robots, spiders, crawlers, scrapers, or any other automated mechanisms to access the Services or extract information from other users
j. engaging in reverse engineering, duplication, decompiling, disassembly, or decoding (including any underlying concepts or algorithms), or extracting the source code of the software of the Services
k. making unusual use of the Services or unauthorized changes to the associated program, hacking into the program, or modifying part or all of our website or published information
l. creating an additional account after your account has been deactivated, suspended, or terminated by us, attempting to access the Services through unauthorized third-party applications, soliciting login credentials from other users, or engaging in the sale, purchase, rental, or leasing of account access
m. copying, altering, archiving, downloading, uploading, disclosing, distributing, selling, leasing, syndicating, broadcasting, performing, displaying, making available, creating derivatives of, or otherwise using the Services or the MASCOZ Content, as is otherwise explicitly permitted within the Terms, authorized in writing by us, or enabled by the intended functionality of the Services
n. infringing upon, impairing, or defaming our or any other person’s intellectual property rights, image rights, privacy or data protection rights, or any other rights conferred by applicable laws
o. using branding, logos, icons, user interface elements, designs, photographs, videos, or any other materials we make available via the Services, except as expressly permitted by these Terms, applicable policies, and other guidelines.
Although we reserve the right to review and remove any content that violates the Terms, the responsibility for such content lies solely with the user who creates, uploads, posts, or displays it. We cannot guarantee that all content on the Services will adhere to the Terms. If you come across any content on the Services that violates the Terms, please promptly notify us at cs@overthehand.com.
Third-Party Websites and Content
The Services may provide links or connections to third-party websites or services. Such links or connections are provided for your convenience only and should be used at your own risk. It is important to recognize that the Company does not exert control over these external websites or services, their content, or the products, services, or policies they present, including their availability or unavailability.
The presence of any link or connection does not suggest any form of affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification, or monitoring by the Company, or create any liability on the part of the Company concerning such links or connections. You hereby understand and agree that the Company shall bear no responsibility for any losses or damages arising from your use of, or the content, privacy practices, or unavailability of, any third-party websites or services referred from the Services.
Modification and Termination of Services
The Company may, in its sole and absolute discretion, at any time, without prior notice or liability to you, introduce or remove features, products, or functionalities within the Services, and also suspend or halt the entirety or certain aspects of the Services, as it deems appropriate. The Company reserves the right to discontinue providing the Services altogether, at any time, for any reason or no reason, and without prior notice or liability to you.
You can terminate the Terms at your discretion, at any time, and for any reason or no reason, by deleting your account. In the event that we suspect or confirm that you are in violation of, or have violated, the Terms, we may terminate or temporarily suspend your access to the Services. Irrespective of which party initiates the termination of the Terms, your right to use the Services, including your avatar, will promptly expire, and your deactivated account will not be recoverable.
Indemnification
To the maximum extent permitted by law, you hereby agree to defend, indemnify, and hold harmless the Company, along with its affiliates, directors, officers, employees, and agents, against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your use of the Services, the MASCOZ Content, or services furnished by third parties in connection with the Services or the MASCOZ Content, even if such services are recommended, made available, or approved by us; (b) the MASCOZ Content, including claims of infringement related to your User Content; (c) any violation on your part of the Terms, as well as any applicable laws or regulations; or (d) your negligence, fraud, willful misconduct, or misrepresentations.
DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES ARE SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE, ALONG WITH OUR AFFILIATES AND LICENSORS, MAKE NO EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL IMPLIED WARRANTIES CONCERNING THE SERVICES AND ANY PART THEREOF, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, CORRECTNESS, OR RELIABILITY.
WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL REMAIN UNINTERRUPTED, SECURE, OR FREE FROM ERRORS OR VIRUSES, (B) ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (C) THE CONTENT OR INFORMATION YOU ACQUIRE ON OR VIA THE SERVICES WILL BE ACCURATE. WE ASSUME NO RESPONSIBILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, AND THAT WE AND OUR AFFILIATES ARE NOT RESPONSIBLE FOR ANY SUCH CONTENT.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR LOSS OF DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR AFTER UTILIZING THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF THE SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT THAT YOU PAID, IF ANY, TO THE COMPANY FOR THE SERVICES WHILE MAINTAINING AN ACCOUNT.
11. Your Feedback
You hereby acknowledge and agree that any feedback, suggestions, concepts, or other information or materials regarding the Company or the Services, which you provide via email or other means (“Feedback”), are not of a confidential nature. Furthermore, we bear no obligation to refrain from using or disclosing your Feedback in any manner.
You hereby grant us an irrevocable, perpetual, and unrestricted permission to reproduce, distribute, create derivatives from, modify, publicly perform, communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and its derivatives for any purpose, without restriction, free of charge, and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody the Feedback, whether in whole or in part, and whether as provided or as modified. You may not exercise any rights relating to the Feedback, including copyright, moral rights, ownership claims, or any other monetary compensation, or rights pertaining to the Feedback, against the Company.
12. Miscellaneous
a. Languages: The original version of this document is written in Korean, and this document is an English translation of the original version for reference purposes only. In the event of a conflict between the original Korean version and the English version, the original Korean version shall prevail to the extent it is not prohibited by applicable laws in your jurisdiction of residence.
b. Severability: If any provision of the Terms is deemed invalid, that provision will be severed from the Terms without affecting the validity and enforceability of the remaining provisions.
c. No Waiver: The Company's failure or delay in exercising any right, privilege, or power under the Terms does not constitute a waiver of that right, privilege, or power. The Terms shall not be interpreted as waiving any rights that cannot be waived under applicable laws.
d. Survival: Articles 4 (Intellectual Property Rights), 8 (Indemnification), 9 (Disclaimer), 10 (Limitation of Liability), 11 (Feedback), and 12 (Miscellaneous) shall survive termination or expiration of the Terms and remain effective.
e. Assignment: You hereby understand and agree that you may not assign, delegate, subcontract, or otherwise transfer your rights and obligations under the Terms without a prior written consent of the Company. The Company may assign, delegate, subcontract, or otherwise transfer its rights and obligations under the Terms without giving you prior notice or obtaining your consent.
f. Governing Law: To the maximum extent permitted by law, the Terms, their interpretation, as well as any claims or disputes arising from or related to the Terms, shall be governed in all respects in accordance with the laws of the Republic of Korea, regardless of conflict of laws principles. Both you and the Company disclaim any liabilities and rights under the U.N. Convention on Contracts for the International Sale of Goods and agree not to apply them to the use of the Services.
g. Dispute Resolution: To the maximum extent permitted by law, you and the Company agree that any claims or disputes arising from or related to the Terms or the Services shall be subject to the exclusive jurisdiction of the Seoul Central District Court of the Republic of Korea.
h. Entire Agreement: The Terms, including the Privacy Policy, Supplemental Terms, and any notices and disclaimers on the MASCOZ platform, constitute the entire understanding and agreement between you and the Company as to the subject matter hereof, and supersede any and all prior discussions, agreements, and understandings of any kind, including any prior versions of the Terms.
13. How to Contact Us
If you have any inquiries regarding the Terms, you can reach us at cs@overthehand.com.
Supplemental Terms for Users in South Korea
If you are using the Services in South Korea, the following additional terms apply. In the event of any inconsistency between these Supplemental Terms and the provisions in the main body of the Terms, the following Supplemental Terms shall prevail.
a. Age: In connection with the age restrictions set forth in Article 1, paragraph a, the applicable minimum age and age of majority are 14 and 19, respectively. Therefore if you are younger than 14 years old, you shall not use the Services. If you are 14 years of age or older but younger than 19 years of age, you must have your parent or legal guardian review the Terms and agree to them prior to using the Services.
b. Notice Regarding Amended Terms: Should the Company make amendments to the Terms, we will provide you with notice of the amended Terms, alongside the current Terms, indicating the effective date and reason for the changes. We will provide notification from 7 days before the amended Terms take effect until the day prior to the new effective date. However, if the change is material, we will announce it 30 days ahead of the new effective date, and individually notify you of such significant changes via email or other means. If you do not express your intention to reject the amendment within 7 or 30 days, you will be regarded as having consented to the amendment.