Sekai Camera Business Service Agreement
Issued on March 4, 2010
This document defines the Service Agreement for the following Services:
(a) Sekai Camera eX (which includes Air Tag Management System and WiFi Location Service)
(b) OpenAir API
(the above (a) and (b) collectively, the “Services”)
This Agreement is a legal agreement between you (either an individual or a single entity) and Tonchidot for the Services that accompany this Agreement. YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE AND SERVICES. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE AND SERVICES. The Services will be provided by Tonchidot Corporation on condition that you agree to the above.
You are required to agree to the following to use the Sekai Camera application and services:
(1) Service Agreement (This document)
(1) The terms “we”, “us”, “our”, and “We” refer to Tonchidot Corporation, a company incorporated in Japan.
(2) The term “Tonchidot Content” means Content that we create and make available on the Services.
(3) The term “user” is someone who accesses, browses, posts, uploads, or in any way uses the Services. “You” and “your” refer to you, the user of the Services.
(4) The term “Content” means text, photos, voice, audio, music, graphics, images, and all other forms of data.
(5) The term “Your Content” means Content that you submit or transmit to or through the Services, such as comments, reviews, and information about your profile. The term “User Content” means Content that users submit or transmit to or through the Services.
(6) The term “Third Party Content” means Content that is made available on the Services by parties other than Tonchidot or its users, such as data providers who license data to Tonchidot for use on the Services.
(7) The term “Service Content” means all of the Content that is made available on the Services, including Content made by Tonchidot, Your Content, User Content, and Third Party Content.
1.1 You must submit an application and provide us with certain information to use the Services. We reserve the right to deny your use of the Services for any or no reason.
1.2 By using the Services, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, we will not be able to provide you the Services.
1.3 We require that the Services be legally legitimate at your resident country or wherever the Services are used. If the Services are not permitted under local law, you may not use the Services, and we will not be able to provide Services to you.
1.4 We are not obliged to provide any preparation or methods for using the Services. You will be required to prepare, properly set up and operate the required equipment, software and communication methods under your own liability and expense.
1.5 You express and guarantee that you are not an anti-social organization, nor that you are related to any anti-social organization through supply of funds or any other form, and that you will not be connected to any anti-social organization in the future.
2. Account Registration
2.1 In order to access and use certain features of the Services, you will be required to register with our Services to create an Account (“Account”).
We will provide you with details regarding registration during the application process.
2.2 You are also responsible for any and all activities that occur with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.
3. Services provided by Tonchidot
3.1 We reserve the right to change, suspend or stop the Services by notifying on our official web site whenever we judge it to be necessary. Unless stated otherwise, in no event will we be liable to you for the change, suspension or stoppage of any or all of the Services.
3.2 You will accept and agree that we reserve the right to terminate your Account, in which case you shall not able to access the Services, your Account detail, or information/contents of your Account.
3.3 Unless stated otherwise, we reserve the right, at any time without prior notice, to change and create new rules of services usage, including but not limited to, limiting of storage space capacity, and permissible usage frequency of Services. Furthermore, we will not be liable for deleting, or failing to save any of your information or Your Content.
3.4 When we judge it necessary to stop providing Services to you, we may terminate your Account, delete related information and saved files, and will reserve the right to prohibit you to access information, files and other Services thereafter. In this case, we will not be liable to you or any other third party for the stoppage of the Services.
3.5 On the following occasions, Tonchidot reserves the right to delete your ID, password and account, prohibit use of the Services, and delete contents of the Services.
(a) When the payment of the use for the Services is delayed.
(b) When the paid contractual period of the Services has expired.
(c)When there is a breach of the Agreement.
4. Your Use of Services
4.1 We will grant you permission to use the Services subject to the restrictions in the Agreement. When you are using the Services, you will be exposed to Content that may be inaccurate, inappropriate, indecent, or even unlawful. We do not endorse such Content, and cannot assure the accuracy and appropriateness of such Content.
4.2 We provide our Services for use on your personal computer, mobile phone or wireless device. When you use our Services, you agree and understand that your internet provider’s standard data rates may apply to these Services. You also agree to be responsible for any fees that may be incurred as a result of your use of the Services. You represent that you are the owner or authorized user of the device you use to access our Services and that you are authorized to approve applicable charges.
4.3 You may at any time decide to stop using the Services. However, you will not be refunded for the service fees already paid, even if for prepaid fees for future services.
4.4 You agree that you may only use the Services for purposes permitted and outlined by (a) this Agreement, and (b) laws, regulations, common sense and guidelines of the applicable area of service.
4.5 You agree only to access any and all parts of the Services through the interface provided by us, and will not attempt access through any other means, except for cases where clear permission is received from us though a separate contract.
4.6 You agree not to perform any action which will interfere, confuse, or stop the Services and servers and networks connected to the Services.
4.7 You agree not to avoid, remove, deactivate, or otherwise circumvent any technological measure implemented in the Services by us to protect the Services or Content.
4.8 You agree not to attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content.
4.9 You agree not to collect or store any personally identifiable information from the Services from other users of the Services without their permission.
4.10 You agree not to reproduce, copy, sell, trade or resell the Services for any purpose except for cases where clear permission is received from us through a separate contract.
4.11 You will take full independent responsibility and solve at your own expense and responsibility in the case any loss, damage and claim (including any loss, damage and claim against us) is caused by your violation of this Agreement, or by your infringement of third party rights, or any other related matters.
4.12 The Services may provide links to outside web sites and contents not controlled by us. In these cases, we do not endorse, nor are we liable or responsible for the availability of these linked web sites or outside contents, and we will not be held responsible for any damage (direct or indirect) related to these sites or contents. You agree that we are not responsible for the availability or contents of such Third Party Services.
5. Restrictions on Use
You agree not to undertake any of the following while using the Services, or Content:
(1) conduct acts that may be harmful to children and the under-aged,
(2) conduct acts that harm the regular use of Services,
(3) place, release, provide or send Content that will infringe, misappropriate or violate any third party’s intellectual property rights (such as patents, designs, trademarks, copyrights), or rights of publicity or privacy,
(4) place, release, provide or send Content that violate, or encourage any acts that would violate, any applicable law or regulation, or acts that may be subject to civil liability, or acts that promote illegal or harmful activities or substances,
(5) place, release, provide or send Content that is fraudulent, false, misleading or deceptive,
(6) place, release, provide or send Content that is defamatory, obscene, pornographic, sexually offensive, immoral, vulgar, violent, threatening or anything that promotes violence or actions that are threatening to any other person,
(7) place, release, provide or send Content that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group,
(8) place, release, provide or send Content that are spam messages, chain letters, infinite chain schemes, and any other forms of invitation (except for cases where we permit them),
(9) place, release, provide or send Content which include computer viruses, computer codes, files and programs that will interfere, destruct and limit the function of any computer’s software, hardware and communications equipment,
(10) conduct acts that misrepresent your own name or organization, or falsely claim to represent any organization,
(11) use the Services, or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by the Agreement,
(12) use the Services with the intention to meet other users with whom you have no previous acquaintance,
(13) use the Services with the intention to have sexual intercourse or otherwise conduct sexual acts with other users,
(14) Encourage or enable any other individual to do any of the foregoing,
We reserve the right, at any time and without prior notice, to remove or disable access to any Content, including any User Content, that we consider to be in violation of the Agreement or otherwise harmful to the Services.
6. Security of your Account
6.1 You understand and agree to take responsibility to maintain and manage every Account and access password responsibly and in secrecy. Any action undertaken through your Account and password will be considered your responsibility. We will not guarantee you for any damage due to leakage, loss, or abuse of your Account.
6.2 You shall immediately contact us if you notice any illegal usage of your password and Account.
7.2 We will use the registered email addresses to administer our servers and to communicate with you when required.
8. Tonchidot Ownership
8.1 You approve and agree that Tonchidot (and licensees of Tonchidot Services) owns the Tonchidot Content, including but not limited to design, visual interface, features, graphics, software, and all other elements of the Services, except for User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Tonchidot Content and the Services, which are protected by copyright, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.
8.2 We authorize you to view and use any Tonchidot Content for personal and non-commercial purposes. You may not use any of the Tonchidot Content in whole or in part except as expressly permitted in the Agreement, or otherwise authorized by us in writing. As such, except for cases we expressly grant them, we do not award you any express or implied rights and all rights of the Services and the Tonchidot Content are retained by us.
8.3 In using the Services, you agree not to use our name or organization’s trademark, service mark, trade name or logo in ways that may cause confusion over its ownership, except when we clearly award you rights to do so in writing.
9. User Content Ownership
9.1 We will not claim intellectual property rights over the Content you provide to the Services. You will retain ownership rights to your User Content. You may post, upload, or submit your User Content to be made available to other users through the Services.
9.2 You agree to protect and enforce your own rights, and recognize that Tonchidot is not obligated to protect your rights on behalf of you, except for cases when you and Tonchidot agree in writing.
10. User Content License
10.1 We may use User Content in various ways, such as displaying it on the Services, modifying it, and promoting it. By making available any User Content through the Services, you hereby grant to us a perpetual, non-cancellable, worldwide, irrevocable, non-exclusive, transferrable, royalty-free license, with the right to display, use, copy, modify, distribute, license, translate, sell, transfer, transmit, broadcast and otherwise exploit such User Content on, through or by means of the Services.
10.2 By making available any User Content you also grant each and any user of the Services the right to view, access, display, store and reproduce your User Content for personal use. We do not claim any ownership rights in any such User Content.
10.3 We enable Users to post to third party web sites and services, text and other content on our Services. If you decide to show Your Content to third party web sites and Services, you do so at your own risk. You acknowledge and agree that we are not responsible or liable for any third party web sites or resources, and links to such web sites or resources do not imply any endorsement by Tonchidot. You acknowledge sole responsibility for and assume all risk arising from your use of any such web sites or resources.
10.4 You agree that when we carry out technical measures in implementing the Services for your use, that (a) Tonchidot shall send or distribute your Contents on various public networks or media, and (b) Tonchidot may conduct needed changes to your Contents to conform and adapt to network connections, equipment, service and media. You also agree that this Agreement permits us to take the above steps.
11. Responsibility of Your Content
11.1 You acknowledge and agree that you are solely responsible for all of Your Content that you make available through the Services. You assume all risks associated with Your Content, including anyone’s reliance on its accuracy, completeness or usefulness. Moreover, you will assume risks of any disclosure by you of information in Your Content that makes you personally identifiable.
11.2 Accordingly, you represent and warrant that you either are the sole and exclusive owner of all of Your Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary.
11.3 You also represent and warrant that neither Your Content itself, nor its use by users and Tonchidot, on, or through the Services will infringe, or violate a third party’s patent, trademark, copyright, trade secret, or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
11.4 You should be aware that you may be subject to liability if Your Content violates any of the aforementioned third party rights. You may also expose yourself to liability if for example; Your Content contains material that is false, fraudulent, misleading, deceptive, offensive or defamatory. You may also expose yourself to liability if Your Content contains material that is unlawful, such as illegal hate speech, pornography, content that harm minors, or anything that violates or advocates the violation of any law or regulation.
11.5 You agree to take sole responsibility (and we will not be responsible to you or any other third party) regarding losses and damage (including damages to Tonchidot) caused by contents that you made, sent or showed.
12. Use and Retention of User Content
12.1 We may use Your Content to generate revenue, such as displaying advertisements and other information with Your Content on the Services and any other media. You will not be entitled any form of compensation for such advertisements. Moreover, any decision to utilize advertising, and the manner, mode, extent and terms of any advertising, presented with the Services, are subject to change.
12.2 We have the right to remove User Content at any time, for any reason, at our sole discretion. For example, we may remove any User Content if we believe it violates this Service Agreement. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality regarding Your Content.
13. Special Clause for Paid Services
13.1 Unless otherwise agreed upon in writing, some or all parts of the Services and Content that we provide to you will incur a fee. We reserve the right to charge any fees for your use of the Services, or Tonchidot Content. These Services and Content are hereinafter referred to as “Paid Services”.
13.2 The Paid Services are available to the user only within the boundaries of the Services, and is not for sale. We shall reserve all rights that are not explicitly given to you.
13.3 The Paid Services provided through the Services are only permitted for use on your own Account. We do not guarantee the access and availability to the Paid Services from the particular device and/or browser that you may use.
13.4 You agree to pay for all the Paid Services which you have subscribed to and have been permitted to use, and also that Tonchidot will be able to charge to your Account for the fees of the Paid Services and any additional fees (including tax and late charges). You take full responsibility to pay all fees within terms of payment.
13.5 We may change the price of the Paid Services and its availability at any time through notification.
13.6 Technical problems may cause delays or disturb Paid Services delivery, and the offering of the Paid Services may become impossible. If and when the Service is available for less than 80% of any single month due to the responsibility of Tonchidot (except regular maintenance of advance notice), Tonchidot will refund upon request, your applicable Service fee for that single month as the only and exclusive remedy.
13.7 Consumption tax (in Japan) and other local taxes may be applicable and be charged in delivering the Paid Services. The effective tax rate will depend on the location and time the deal is completed.
13.8 We may terminate your use of the Paid Services whenever there is a breech of the Agreement. In this case, you agree that we will not be liable to make any refunds whatsoever.
14. Paid Service Availability
14.1 We reserve the right to modify, update, or discontinue the Services at our sole discretion, at any time, for any or no reason, and without liability. In the case of discontinuing the Paid Services, Tonchidot will refund your applicable Service fee for the period following the discontinuation, as the only and exclusive remedy.
15. Unauthorized Access
15.1 We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
17.1 This agreement is applied until you or Tonchidot terminate the relationship.
17.2 We may terminate or suspend your Account or ability to use the Services, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your Account or ability to use the Services if you breach the Agreement or are suspected of involvement in illegal activity. We may also terminate the use of the Services and Contents if you repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
17.3 Any such termination or suspension could prevent you from accessing your Account, the Services, Your Content, Service Content, or any other related information.
17.4 You may terminate the Agreement at any time by closing your Account, which will disable your use of the Services. Please contact us to close your Account. Even if you close your Account, we will not be obligated to delete any or all of Your Content, and they may continue to be displayed on the Services.
17.5 Even when this agreement is terminated, all legal rights, duty and debt to which you and Tonchidot explicitly agreed (or those that were derived while this agreement was effective) shall continue indefinitely.
18. Disclaimer of Warranties
18.1 You expressly acknowledge and agree that the use of the Services is at your sole risk and that the entire risk lies with you, and that the Services will be offered on an “as is” basis.
18.2 We shall not express or guarantee that:
(1) use of the Services may fulfill any of your certain needs,
(2) the Services shall not be suspended, or that it will always be timely and safe, and that no errors will occur,
(3) information acquired through the Services is correct and reliable,
(4) any malfunction of software offered to you as a part of the Services will be corrected,
18.3 You shall download or otherwise use the Services at your sole risk and you will take sole responsibility should any downloads cause any damage or loss of data to your computer system or any other equipment.
18.4 Regardless of whether it is verbal or by documentation, no advice or information which you acquired from us or through the Services shall bear any guarantee that is not clearly indicated in this agreement.
18.5 Tonchidot clearly denies, regardless of whether it is stated or implied, any and all kinds of guarantees.
19. Limitation of Liability
19.1 You agree that Tonchidot shall not have an obligation to compensate you for any damage occurred or related to (a) using the Services or not being able to use the Services, (b) any expense occurred from dealing or exchanging products for the Services, (c) any unwanted access or changes to your correspondence and data, (d) comments and remarks and other acts by any third party during the Services, and (e) any other issues related to the Services.
19.2 Limitation of our responsibility to you in the foregoing paragraph shall be applied regardless of whether or not we should have recognized the possibility that such damage may occur.
20.1 You agree that advertisements and other material may be inserted as part of the Services. You agree that you will not be entitled any form of compensation for such advertisements.
20.2 Forms, manner, mode, extent and terms of any advertising presented with the Services, and range of advertisements on the Services may change without notification.
21. Notice and Contact Methods
21.1 You agree that we may contact you through e-mail and other methods, when we judge it to be necessary.
21.2 As a general rule, when you need to contact someone regarding usage of application and the Services, you shall contact the agency that has been assigned to you by Tonchidot. When it is necessary for you to contact us directly, you will contact by e-mail. We will not accept contacts by phone calls or physical visits to our offices.
22. Language of this Agreement
22.1 You agree that if we offer translations of this agreement, the translation is only for your convenience, and that the legal relationship between you and Tonchidot shall be defined solely by the Japanese version of this Agreement.
22.2 If any contradictions or inconsistencies occur between the translated version and the Japanese version of this agreement, the Japanese version will take priority.
23.1 Tonchidot may change this Agreement at any time at our own discretion. If any change is made, we will make the revised version available on our web site.
23.2 Any such modification will be effective upon our posting of a new Agreement.
23.3 You acknowledge and agree in advance that if and when you use Services after this Agreement is been changed, we will consider that you have agreed with the newest changes to the Agreement. If the modified Agreement is not acceptable to you, your only recourse is to cease using the Services.
24. General Legal Terms
24.1 This Agreement constitutes the complete legal agreement between you and Tonchidot, and establishes the rules of Services (except for services we provide to you based on a separate documented contract), and supersedes any prior Agreement between you and Tonchidot regarding the Services.
24.2 You agree that we may not be considered to have formally abandoned our rights even if we do not use or execute our legal rights written in this Agreement (or benefits under applicable law), and that those rights will be continuously valid and enforceable.
24.3 If for any reason a court of competent jurisdiction finds anything ineffectual to any terms of this agreement, the terms will be excluded without effecting any other terms of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
24.4 This Agreement and the relationship between you and Tonchidot based on this Agreement shall be governed by the laws of Japan regardless of the conflicting laws. If any disputes occur between Tonchidot and you regarding the Services and this Agreement, the dispute shall be applied to the Tokyo District Court as the court of first instance.
25. Contact and Violations.
25.1 Please contact us with any questions regarding the Agreement. Please report any violations of the Agreement to us.