Terms of Service
These Terms of Service (hereinafter referred to as the "Terms") govern the relationship between you and Overthehand Co., Ltd. (hereinafter referred to as the "Company" or "we/us") and establish the terms regarding your access to and use of MASCOZ services and related websites, programs, software, applications, etc. (collectively, the "Service").
It is important to understand that these Terms constitute a legally binding agreement between you and the Company. Therefore, please review these Terms carefully. If you are under 19 years of age or below the age of majority in your jurisdiction, please request your parent or legal guardian to review these Terms. If you do not agree with any part of these Terms, you must not access or use the Service or access any information related to the Service. By clicking "[Create Account]" or by using or continuing to use the Service, you are deemed to agree to comply with each provision specified in these Terms. Please note that additional terms and the Privacy Policy referenced at the bottom of these Terms are incorporated in full by reference.
We may modify these Terms from time to time at our sole discretion. Such modifications may occur to introduce new features to the Service or to respond to regulatory changes. The modified Terms can be found at [this page]. By posting the modified Terms, you understand and agree that we have provided you with sufficient notice of the modification. While the Company will make reasonable efforts to notify you of significant changes to the Terms, you should also periodically review these Terms to check for any modifications and their content. The "Effective Date" at the top of these Terms will also be updated. You understand and agree that your continued access to or use of the Service after the effective date of the modified Terms constitutes your agreement to the modified Terms. If you do not agree to the modified Terms, you must discontinue your access to or use of the Service.
1. Usage Restrictions
a. Age
The Service is intended for individuals who are at least 14 years of age (or the minimum age applicable in your jurisdiction). If we become aware that a user below the minimum age is using the Service, we will permanently terminate that user's account.
If you are under 19 years of age or below the age of majority in your jurisdiction, you need permission from your parent or legal guardian before accessing or using the Service. You must also request that your parent or legal guardian review and agree to these Terms. You represent and warrant that you are either a user who is at least 19 years of age (or the age of majority applicable in your jurisdiction) or a parent or legal guardian of a minor user ("Minor User") who is at least the minimum age but below the age of majority in that jurisdiction.
If you are a parent or legal guardian of a Minor User, you agree to bind the Minor User to these Terms and agree that, to the maximum extent permitted by applicable law, you will indemnify and hold harmless the Company and its affiliates, directors, officers, employees, and agents from any claims, actions, suits, proceedings, losses, liabilities, damages, costs (including reasonable legal and accounting fees) arising from or related to any violation of these Terms by such Minor User.
b. Geographic Access Restrictions
The Service may not be accessible in certain regions. The Company maintains sole and absolute discretion in determining the jurisdictions in which it will provide the Service. Furthermore, the Company reserves the right to add or remove available regions at any time, for any reason or no reason whatsoever, without prior notice or liability.
The Company may implement measures to prevent access to the Service from regions where its use is prohibited or restricted. Even in cases where the Company's measures may be invalidated or circumvented, you remain responsible for complying with the applicable regional restrictions. For example, you must not use a Virtual Private Network (VPN) to circumvent the regional restrictions implemented by the Company. You understand and agree that the Company shall not be liable for any damages arising from your circumvention or bypassing of the Company's regional restrictions.
2. Account Registration and Management
a. Account Creation
You must create an account before using the Service. It is essential to provide accurate and current information during the account registration process. You are responsible for ensuring the accuracy and currency of the information you provide, and for promptly updating such information. You understand and agree that the Company shall not be liable for any damages arising from inaccuracies or misrepresentations in the information you provide (including your date of birth and age). Any personal information you provide and other personal information related to your use of the Service will be processed and managed in accordance with our Privacy Policy.
b. Exclusive Account Use
Your account is for your exclusive use only. You are prohibited from transferring or lending your account to any third party, and the inheritance of your account by third parties is also prohibited. You understand and agree that you are responsible for protecting your account password and monitoring all activities associated with your account. If you become aware of or suspect that a third party knows your account password or has unauthorized access to your account, you must immediately notify us at cs@overthehand.com.
c. Account Suspension and Termination
You understand and agree that the Company has the right, at its sole and absolute discretion, to suspend or permanently terminate your access to the Service at any time, for any reason or no reason whatsoever, without prior notice or liability. This includes cases where you violate these Terms.
d. Account Deletion
If you wish to discontinue using the Service and delete your account, please contact cs@overthehand.com. We will provide support and guidance throughout this process. Once the account deletion process begins, the account cannot be reactivated, and all content or information you have contributed will be irretrievable.
3. Service Usage
a. MASCOZ Content
"MASCOZ Content" refers to all forms of content provided by the Company to operate and deliver the Service, including but not limited to 3D models (avatars), items, videos, images, text, graphics, music, and live broadcasts. You understand and agree that the Company owns and retains all ownership rights and intellectual property rights (including copyrights, trademarks, design rights, trade dress, patents, etc.) in the Service and all materials contained within the Service (including MASCOZ Content).
As long as you comply with these Terms, the Company grants you a limited, personal, non-transferable, non-sublicensable, revocable, terminable, non-exclusive license to use the Service (including avatar customization and usage) in accordance with the terms and conditions specified in this Section 3. This license continues until the earlier of the date you delete your account or the date we suspend or terminate your account or the Service. The Company may suspend or revoke all or part of the license at any time. All rights not expressly granted to you are reserved by and vest in the Company.
Other than the license expressly granted in this Section 3, you understand and agree that you have no right to modify, edit, copy, reproduce, create derivative works, reverse engineer, alter, enhance or in any way exploit the Service or MASCOZ Content. For clarity, the license granted herein does not grant you any ownership or intellectual property rights in MASCOZ Content.
Please be aware that violations of these Terms relating to the intellectual property rights of the Company or third parties may expose you to compensatory and punitive damages. Additionally, such violations may enable the Company or third parties to seek remedies available at law or in equity.
b. User Content
You may create materials such as photographs, videos, graphics, and items (collectively, "User Content") using your avatar (3D model) only within the scope designated by the Company. Unless explicitly permitted under these Terms or pre-approved by the Company, you may not use, reproduce, modify, or publicly transmit your avatar or MASCOZ Content.
(1) Non-Commercial Use
You may use your avatar and/or User Content for non-commercial purposes (such as academic, artistic, educational, informational, personal purposes, or other non-profit purposes).
However, even for non-commercial purposes, you may not create, possess, or distribute merchandise using the avatar (regardless of whether 2D or 3D).
Furthermore, you may not convert your avatar or other 3D models provided as part of the Service into other 3D formats, or create or produce applications, systems, programs, or services that generate avatars, 3D models, or items by transforming or combining meshes, or using other methods with the Service, MASCOZ Content, your avatar, or other 3D models provided within the Service (this prohibition applies even to activities with non-commercial purposes).
(2) Streaming Platforms
You may use your avatar and/or User Content on YouTube, AfreecaTV, Twitch, and other similar streaming services. You may generate revenue through the monetization features of streaming platforms, such as channel membership income, Super Chat, donations from other users transmitted through the streaming platform, and advertising revenue derived from advertisements displayed in your videos or live streams (including paid promotions included in your videos or live streams).
Please note that these third-party streaming platforms have their own terms of service, which you should review carefully. You understand and agree that the Company shall not be liable for any loss, liability, damage, or costs to you or third parties related to your use of third-party streaming platforms.
(3) Other Commercial Use
For all other commercial or for-profit uses (such as marketing, promotion, sales, etc.), you must contact us and enter into a license agreement with us for commercial use or obtain our prior permission before such use.
When creating, posting, or otherwise using your avatar and/or User Content within or outside the Service, you are prohibited from including or transmitting any elements or messages that:
i) discriminate based on nationality, age, political views, gender, sexual orientation, race, culture, or religion; ii) include explicit or suggestive content of a sexual or obscene nature; iii) promote hate speech or behavior; iv) convey threats or depict violence; v) violate laws and regulations in your jurisdiction; or vi) negatively impact the Company's reputation.
For inquiries related to the above or use cases not explicitly mentioned above, please contact cs@overthehand.com. If you use your avatar and/or your User Content in ways not explicitly permitted by or specified in these Terms and without obtaining our permission, we reserve the right to assert legal liability against you. You understand and agree that the Company has sole and absolute discretion in determining whether the use of MASCOZ Content, including the use of your avatar and/or User Content, complies with these Terms.
c. Company Trademarks and Logos
Prior permission from the Company is required to use any Company logos or trademarks, including Overthehand and MASCOZ.
d. User Responsibilities
You understand and agree that you are solely responsible for, and the Company bears no responsibility for, any costs or fees associated with mobile data, WiFi, or other services or equipment (such as personal computers, laptops, etc.) necessary for or used in connection with the Service.
Furthermore, you assume full responsibility for your User Content and any issues or disputes arising therefrom. The Company shall not bear any responsibility except in cases of willful misconduct or gross negligence on the Company's part. You represent and warrant that you own or hold the necessary rights to create and/or use your User Content. You are prohibited from creating, posting, storing, or sharing User Content that violates these Terms or for which you do not hold the necessary rights for creation or use.
While we have no obligation to review, edit, or monitor User Content, we reserve the right to delete or remove your User Content at any time, for any reason or no reason, without prior notice or liability to you. We may, at our sole discretion, request that you cease using your avatar or User Content. Upon receiving such a request, you must immediately discontinue use of the relevant avatar or User Content.
4. Intellectual Property Rights
a. Service, MASCOZ Content, and Your Avatar
As specified in Section 3 of these Terms, and without limiting Section 3 in any way, the Company owns all ownership rights and related intellectual property rights (including copyrights, trademarks, design rights, trade dress, patents, etc.) in the Service and all materials contained within the Service (including but not limited to MASCOZ Content and your avatar).
For clarity, the Company retains all ownership rights, including all related intellectual property rights, in your avatar, and you agree not to exercise any moral rights or other personal rights against the Company with respect to your avatar.
b. Your User Content
With respect to your User Content, intellectual property rights (including but not limited to copyrights) in portions excluding all elements of MASCOZ Content (including your avatar) shall vest in you. You understand and agree that as a creator of User Content, you do not acquire any other intellectual property rights in MASCOZ Content.
You agree to grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide license to store, cache, reproduce, store, encode, play, record, sell, sublicense, distribute, display, perform, transmit, translate, broadcast, synchronize, edit, modify, adapt, publish, exhibit, post, promote, use and otherwise exploit your User Content and create derivative works therefrom. You agree that through this license, the Company may provide your User Content to service providers and other third parties with whom the Company has contracted for the aforementioned licensed activities.
5. Prohibited Activities
The following activities are strictly prohibited when using your avatar and/or User Content outside the MASCOZ platform, and when accessing and using the Service:
a. Accessing or using the Service in any manner not explicitly permitted under these Terms
b. Using the Service, MASCOZ Content, and/or your User Content in a manner that competes with the Company
c. Violating any applicable laws or regulations in connection with your use of or access to the Service
d. Investigating, scanning, or testing security vulnerabilities of the Service or related systems or networks
e. Circumventing our content filtering technology or attempting unauthorized access to any area or functionality of the Service
f. Introducing viruses, malicious code, or any form of destructive elements to the Service, or attempting to damage, bypass, or circumvent the Service's security mechanisms
g. Using the Service in a way that interferes with or negatively impacts other users' full enjoyment of the Service, or using the Service in a manner that harms, disables, overburdens, or impairs any Service functionality
h. Developing or using third-party applications that interact with the Service or other users' content or information in ways not explicitly permitted under these Terms without our written consent
i. Using robots, spiders, crawlers, scrapers, or other automated mechanisms to access the Service or extract information from other users
j. Reverse engineering, copying, decompiling, disassembling, decoding (including underlying concepts or algorithms), or extracting the source code of the Service's software
k. Using the Service abnormally, unauthorized modification of related programs, hacking programs, or modifying any part or all of our website or posted information
l. Creating additional accounts after your account has been deactivated, suspended, or terminated by us, attempting to access the Service through unauthorized third-party applications, or seeking, selling, purchasing, or renting login information from other users
m. Copying, modifying, storing, downloading, uploading, publishing, distributing, selling, renting, syndicating, broadcasting, performing, displaying, making available, creating derivative works from, or otherwise using the Service or MASCOZ Content in ways not explicitly permitted by these Terms, approved by us in writing, or enabled by intended Service functionality
n. Infringing, damaging, or defaming the intellectual property rights, publicity rights, privacy or data protection rights, or other legally granted rights of the Company or others
o. Using any branding, logos, icons, user interface elements, designs, photographs, videos, or other materials provided through the Service except as explicitly permitted by these Terms, related policies, and other guidelines
p. The use of MASCOZ avatars in VRChat's public mode is strictly prohibited. Use of public mode may result in service restrictions. MASCOZ avatars must be used in private mode on VRChat. This provision is clearly displayed in the MASCOZ client UI and is explicitly agreed to during VRChat upload.
We reserve the right to review and remove any content that violates these Terms, but responsibility for such content lies solely with the user who creates, uploads, posts, or displays it. We cannot guarantee that all content in the Service complies with these Terms. If you find content that violates these Terms in the Service, please notify us immediately at cs@overthehand.com.
6. Third-Party Websites and Content
The Service may provide links or connections to third-party websites or services. These links or connections are provided solely for your convenience, and you are responsible for their use. It is important to understand that the Company has no control over such external websites or services, and their content, products, services, or policies (including availability of websites or services).
The existence of any links or connections does not imply any form of affiliation, sponsorship, endorsement, approval, investigation, representation, warranty, verification, or monitoring by the Company, and no liability arises for the Company in connection with such links or connections. You understand and agree that the Company shall not be responsible for any loss or damage arising from the use, content, privacy practices, or unavailability of third-party websites or services mentioned in the Service.
7. Service Modifications and Termination
The Company may, at its sole and absolute discretion, introduce or remove features, products, or functionality within the Service at any time without prior notice or liability, and may suspend or discontinue any part or all of the Service as the Company deems appropriate. The Company reserves the right to completely cease providing the Service at any time, for any reason, without prior notice or liability.
You may terminate these Terms by deleting your account at any time, for any reason or no reason, at your discretion. If you have violated or are suspected or found to have violated these Terms, we may terminate or temporarily suspend your access to the Service. Regardless of which party initiates the termination of these Terms, your right to use the Service, including your avatar, expires immediately, and deactivated accounts cannot be restored.
8. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless the Company and its affiliates, directors, officers, employees, and agents from any claims, actions, suits, or proceedings arising from or related to: (a) your use of the Service, MASCOZ Content, or services provided by third parties in connection with the Service or MASCOZ Content (even if such services were recommended, made available, or approved by us); (b) MASCOZ Content (including claims of intellectual property rights infringement relating to your User Content); (c) your violation of these Terms and any laws or regulations; (d) your negligence, fraud, willful misconduct, or misrepresentation; or (e) service interruptions during use of VRChat and other companies' platforms that are not MASCOZ services, and service suspension or contract termination due to member's fault.
9. Disclaimer of Warranties
You expressly understand and agree that your access to and use of the Service is entirely at your own risk. The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express or implied.
To the maximum extent permitted by applicable law, we and our affiliates and licensors make no express warranties and disclaim all implied warranties regarding the Service or any part thereof, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights, accuracy, and reliability.
We make no representations or warranties that: (A) the Service will be uninterrupted, secure, or free from errors or viruses, (B) defects or errors in the Service will be corrected, or (C) content or information you obtain through or from the Service will be accurate. We are not responsible for any content that you, other users, or third parties create, upload, post, transmit, receive, or store on or through the Service. You understand and agree that you may be exposed to content that is offensive, illegal, misleading, or otherwise inappropriate, and that we and our affiliates are not responsible for such content.
10. Limitation of Liability
To the maximum extent permitted by applicable law, the Company and its affiliates, directors, officers, employees, and agents shall in no event be liable for any indirect, consequential, exemplary, incidental, punitive, or special damages (including but not limited to loss of profits, data, use, goodwill, or other intangible losses) related to: (A) your access, use, or inability to access or use the Service; (B) any conduct or content of other users on, through, or following use of the Service; or (C) unauthorized access, use, or alteration of the Service.
In no event shall the Company's total liability to you for all claims related to the Service exceed the amount you have paid to the Company for the Service during the period of your account maintenance.
11. Your Feedback
You understand and agree that any feedback, suggestions, ideas, or other information or materials ("Feedback") you provide to us about the Company or the Service through email or other means is not confidential. Furthermore, we have no obligation to refrain from using or disclosing your Feedback in any way.
You grant us an irrevocable, perpetual, unlimited right to reproduce, distribute, create derivative works from, modify, publicly perform, communicate to the public, disclose, publicly display, and otherwise use and exploit your Feedback and derivatives thereof (including the right to create, use, sell, offer for sale, import, and promote commercial products and services incorporating or implementing any or all of the Feedback as submitted or as modified) for any purpose, without restriction, free of charge, and without attribution. You may not exercise any rights, including copyright, moral rights, ownership rights, or other monetary compensation or rights related to the Feedback against the Company.
12. Miscellaneous
a. Language
This document is originally written in Korean, with an English translation provided for reference purposes. In the event of any conflict between the Korean original and English translation, to the extent not prohibited by the laws of your jurisdiction, the Korean version shall prevail.
b. Severability
If any provision of these Terms is deemed invalid, such provision shall be severed from these 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 authority under these Terms shall not be deemed a waiver of such right, privilege, or authority. These Terms shall not be interpreted as waiving any rights that cannot be waived under applicable law.
d. Survival
Sections 4 (Intellectual Property Rights), 8 (Indemnification), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Your Feedback), and 12 (Miscellaneous) shall survive the termination or expiration of these Terms.
e. Assignment
You understand and agree that you may not assign, delegate, subcontract, or otherwise transfer your rights and obligations under these Terms without the Company's prior written consent. The Company may assign, delegate, subcontract, or otherwise transfer its rights and obligations under these Terms without prior notice to you or obtaining your consent.
f. Governing Law
To the maximum extent permitted by applicable law, these Terms and their interpretation, and any claims or disputes arising from or related to these Terms shall be governed by and construed in accordance with the laws of the Republic of Korea, without regard to principles of conflicts of law. You and the Company agree to disclaim any rights and responsibilities under the United Nations Convention on Contracts for the International Sale of Goods and agree not to apply it to the use of the Service.
g. Dispute Resolution
To the maximum extent permitted by applicable law, you and the Company agree to the exclusive jurisdiction of the Seoul Central District Court for resolution of any claims or disputes arising from or relating to these Terms or the Service.
h. Entire Agreement
These Terms (including the Privacy Policy, Additional Terms, and all notices and warranties provided through the MASCOZ platform) constitute the complete understanding and agreement between you and the Company regarding the subject matter of these Terms and supersede all prior discussions, agreements, and understandings (including previous versions of these Terms).
13. Contact
Additional Terms for Users Residing in the Republic of Korea
If you use the Service within the Republic of Korea, the following additional terms shall apply. In the event of any conflict between these Terms and the Additional Terms, the Additional Terms shall prevail.
a. Age
Regarding the age restrictions specified in Section 1.a, the minimum age and age of majority applicable in the Republic of Korea are 14 years of age and 19 years of age, respectively. Therefore, if you are under 14 years of age, you may not use the Service and must obtain consent from your legal representative. If you are under 14 or 19 years of age, your parent or legal guardian must review and agree to these Terms before you use the Service.
b. Notice of Amended Terms
When the Company amends these Terms, we will provide notice of the amended Terms (including the effective date and reasons for changes) along with the current Terms. Notice will be posted from 7 days prior to the effective date of the amended Terms until the day before. However, for significant changes, notice will be posted from 30 days prior to the new effective date, and you will be individually notified of significant changes via email or other means. If you do not express your rejection of the amended Terms within 7 or 30 days, you will be deemed to have agreed to the amendments.