Sekai Camera Service Agreement

Sekai Camera Service Agreement

1.　Objectives

1.1　 This Service Agreement sets forth the legally binding terms and conditions for your use of any of the current and future “Sekai Camera” Service features, content, website, and applications (collectively, “Services”) provided by Tonchidot Corporation (“Tonchidot”, “we”, “us”, “our”), a legal entity incorporated in Japan.

By accessing, browsing, posting, uploading, or in any way using the Services, you acknowledge and agree to the following terms, our separate Privacy Policy, and all other guidelines and policies referenced herein (collectively, the “Agreement”).

2. Definitions

2.1      We define the words used in this Agreement as follows:

(1) “Services” is defined in Section 1.

(2) “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.

(3) “Registered User” is someone who uses the Services and obtains a Sekai Camera Account ID outlined in Section 4.

(4) “Unregistered User” is someone who uses the Services without obtaining a Sekai Camera Account ID.

(5) “Sekai Camera Account ID” is an alphanumeric character string that we use to identify Users to deliver our Services.

(6) “Password” is an alphanumeric character string that either we or our Users set up to authenticate users and to protect the privacy of Users.

(7) “User Information” is all information that we linked individually to each unique User.  These include information that you have registered with us to use our Services, and all other data that we obtain through your use of the Services.

(8) “Content” means text, photos, voice, audio, music, graphics, images, location, and all other forms of data.

(9) “User Content” means Content that you submit or transmit to or through the Services, such as comments, reviews, and information about your profile.

(10) “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.

(11) “Marketplace” means electronic commerce internet services operated by us or any other third-party, which enable downloading, payments, and various other transactions between Users and Tonchidot.

3. Eligibility

3.1      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.

3.2      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.

3.3      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 means to access various marketplaces and communication methods under your own liability and expense.

3.4      You express and guarantee that you are not a member of any organized crime group, and that you are not related to any organized crime group through supply of funds or any other form, and that you will not be connected to any organized crime group in the future.

4.　Sekai Camera Account ID registration and User Agreement

4.1      To use certain features of our Services, Users must take necessary steps to become a Registered User, and obtain a Sekai Camera Account ID.  Users understand that by becoming a Registered User, you enter into an Agreement between Tonchidot, and all activities conducted by the user of the Services will become the sole responsibility of the user.

4.2　Registered Users may be requested to provide additional information to those outlined in Section 4.1 to use certain features of the Service.

4.3　Registered Users must make necessary changes to their registration information within 30 days of changes in their personal information, such as changes in email address.  Tonchidot may send some important information regarding our Services by email and other means from time to time.  Registered Users fully agree that we will not be held responsible if email and other forms of communications sent to what we believe to be your correct address does not reach you.  This will apply regardless of whether you took appropriate registration measures, and emails and other communication methods will be deemed to have reached you at a reasonable time after they are sent.

4.4　Users understand that all activities conducted by the user of the Services are the sole responsibility of the user.  Registered Users understand that all activities conducted through their Registered Account IDs will be the sole responsibility of the Registered User.  Under no circumstances will we be held responsible for any damages caused by usage of your ID and password by a third party.  You are solely responsible for the protection and safety of your own ID and password.

4.5　You may opt to end your use of the Services, and terminate this Agreement by following specified procedures.  However, you understand and agree that once you have terminated your account, you will not be able to use the Services, or gain access to any contents that you may have created.

4.6　This Agreement shall continue until either Tonchidot or the User terminates this Agreement.

4.7　Even after termination of the Agreement and closure of Users’ Account IDs, we do not have an obligation to delete Users Contents associated to the cancelled Account ID.  Users therefore understand and agree that Users’ Contents may continue to be shown on our Services even after termination of the Agreement.

4.8　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.

5. Services provided by Tonchidot

5.1      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. In no event will we be liable to you for the change, suspension or stoppage of any or all of the Services.

5.2　We reserve the right, at any time without prior notice, to change, add or discontinue any or all of our Services. Furthermore, we will not be liable to you for any damage caused due to the changes to our Services outlined in this Section.

5.3      We reserve the right to terminate your Account, delete related information and saved files, and prohibit you to access information, files and other Services thereafter.

6. Your Use of the Services and your responsibilities

6.1　When we set age limitations on the use of the Services, it will be specified in the Services or in Marketplaces.

6.2      When you use our Services on your mobile phone or wireless device, you agree and understand that your wireless 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 wireless device you use to access our Services and that you are authorized to approve applicable charges.

6.3     You may at any time decide to stop using the Services.

6.4     You agree that you may only use the Services for purposes permitted and outlined by (i) this Agreement, and (ii) laws, regulations, common sense and guidelines of the applicable area of service.

6.5　Users shall be held responsible for any and all resulting consequences from using the Services, and shall compensate Tonchidot or any other third party in the case that Users cause any damage as a result of use that infringes this Agreement.

6.6　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.

6.7      We may, at our sole discretion, and without prior notice, delete any and all Users’ contents.

6.8      We may, at our sole discretion, decide to pre-screen any and all content generated by Users, and restrict certain content that we determine to be in violation with the Agreement from being shown on the Services.

7. Restrictions on Use

7.1      In addition to this Agreement, users must fully comply with certain rules and agreements of third parties with whom we collaborate to provide our Services.  Such rules include all applicable regulations of various marketplaces, and of companies whom we have consigned to administer parts of our Service.

7.2      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 any acts that harm, or may harm us or 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 individual or 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 of having sexual encounters with other users whom you have no previous acquaintance

(13) use the Services with the intention of having sexual intercourse or otherwise conduct sexual acts with other users

(14)　develop, distribute, use, or promote in any way to any third party, any utilities or programs that are associated with our Services that we have not authorized, use, attempt to use, access, or attempt to access the Services in a way we have not permitted,

(15)    access any and all parts of the Services through interfaces other than those 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.

(16)    avoid, remove, deactivate, or otherwise circumvent any technological measure implemented in the Services by us to protect the Services or Content.

(17)    attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content.

(18)    collect or store any personally identifiable information from the Services from other users of the Services without their permission.

(19)    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.

(20)　use some other person or a fictitious persons information, falsify, or misrepresent yourself when registering and or correcting your Account ID to our Services, whether intentional or unintentional,

(21)　lend, trade, sell, pledge, or otherwise allow a third party to use your Sekai Camera Account ID, use a Sekai Camera Account ID that does not belong to you, falsify, delete, or otherwise attempt to access in an unauthorized manner, data stored within our Services,

(22)     use some other User’s Account ID to access and use the Services,

(23)     attempt to change, erase, gain unauthorized access, to information contained in the Services,

(24)   encourage or enable any other individual to do any of the foregoing,

8. Privacy

8.1　Personal information and all other forms of information that registered users submit to us, and any information that we may collect from users’ use of the Services, will be handled according to our separate“Privacy Policy.”All Users are deemed to have understood and agreed to the“Privacy Policy.”

8.2　Tonchidot reserves the right, under guidelines provided in our “Privacy Policy”, to commission third-party service providers to perform certain services that access personal information.

9. Tonchidot Ownership

9.1      You approve and agree that Tonchidot (and licensees of Tonchidot Services) owns all 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 Content and the Services, which are protected by copyright, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.

9.2      We authorize you to view and use any of our Content for personal and non-commercial purposes. You may not use any of our 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 our Content are retained by us.

9.3      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.

10. User Content Ownership

10.1   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.

10.2   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.

11. User Content License

11.1   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.

11.2   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.

11.3   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 User 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.

11.4   You agree that when we carry out technical measures in implementing the Services for your use, that (i) Tonchidot shall send or distribute your User Contents on various public networks or media, and (ii) Tonchidot may conduct needed changes to your User 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.

12. Responsibility of your User Content

12.1   You acknowledge and agree that you are solely responsible for all of your User Content that you make available through the Services. You assume all risks associated with your User 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 User Content that makes you personally identifiable.

12.2   Accordingly, you represent and warrant that you either are the sole and exclusive owner of all of your User Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary.

12.3   You also represent and warrant that neither your User 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.

12.4   You should be aware that you may be subject to liability if your User Content violates any of the aforementioned third party rights. You may also expose yourself to liability if for example; your User Content contains material that is false, fraudulent, misleading, deceptive, offensive or defamatory. You may also expose yourself to liability if your User 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.

12.5   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.

13. Use and Retention of User Content

13.1   Tonchidot or any other third-party to whom we have authorized, may without your permission, utilize any and all User Contents for use for any purpose in any place, within our Services or any other media, such as showing advertisement along with User Content.  Regarding User Content, we furthermore retain rights to freely use, edit, and change User Contents, provide to third-parties, examine contents, and also edit and display in advertisements within and outside our Services. You agree that you will not be entitled any form of compensation for such advertisements or any revenue that is derived from our Services. Moreover, any decision to utilize advertising, and the manner, mode, extent and terms of any advertising, presented with the Services, are subject to change.

13.2   We have the right to remove User Content at any time, for any reason, at our sole discretion. We have no obligation to retain or provide you with copies of your User Content, nor do we guarantee any confidentiality regarding your User Content.

14. Paid Services and Fees

14.1   Some or all parts of the Services that we provide to you may incur a fee. Information regarding fees and payment methods will be notified on our website. We reserve the right to charge any fees for your use of the Services, at any time. These additional Services and Content are hereinafter referred to as “Paid Services”.

14.2   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.

14.3　            Users shall use and comply with the rules of whatever payment method is provided by our services or by any of the marketplaces where our paid contents are made available. We will not be responsible in any way for any conflicts that may occur between you and payment service providers (and any other third-parties), and you agree to resolve all conflicts amongst the parties concerned.

14.4   The Paid Services provided through the Services are only permitted for use on your own Account. Access to Paid Services from two or more separate devices, compatibility, and re-downloads are not guaranteed.

14.5   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.

14.6   We may change the price of the Paid Services and its availability at any time.

14.7   Technical problems may cause delays or disturb Paid Services delivery, and the offering of the Paid Services may become impossible. If the Paid Services is not delivered within a reasonable period, or the offering of the Paid Services is deemed impossible due to our responsibility, we will refund the applicable fee of the Paid Services, as the only and exclusive remedy.

14.8   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.

15.　Termination of use

15.1　            We reserve the right to immediately terminate your use of the Services and the Agreement if we believe the following cases apply:

(1) You violate, or we believe there is a reasonable risk that you will violate this Agreement.

(2) You violate, or we believe there is a reasonable risk that you will violate the Restrictions on Use outlined in Section 7 of this Agreement.

(3) You do not pay for all the Paid Services which you have subscribed to.

(4) You violate the usage of any of the payment methods which we have provided.

(5) You have had your payment account stopped or terminated for any reason, by third-party payment service companies with which we partner to provide Paid Services.

(6) Your Sekai Camera Account ID and password have been misused, or there is a risk of it being misused by a third-party.

(7) Other circumstances when we determine it appropriate to terminate certain accounts, in order to maintain the sound operation of our Services.

15.2　 If you violate Section 15.1 of this Agreement, we will terminate all Account IDs that we believe belong to the same user. This may happen in the case that you possess multiple Account IDs.

15.3    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 notice or liability.

15.4    Any such termination or suspension could prevent you from accessing your Account, the Services, your User Content, Service Content, or any other related information.

16. Disclaimer of Warranties

16.1   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.

16.2   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,

16.3   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.

16.4   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.

16.5   Tonchidot clearly denies, regardless of whether it is stated or implied, any and all kinds of guarantees.

17. Limitation of Liability

17.1   You agree that Tonchidot shall not have an obligation to compensate you for any damage occurred or related to (i) using the Services or not being able to use the Services, (ii) any expense occurred from dealing or exchanging products for the Services, (iii) any unwanted access or changes to your correspondence and data, (iv) comments and remarks and other acts by any third party during the Services, and (v) any other issues related to the Services.

17.2   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.

18. Language of this Agreement

18.1   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 as outlined in Section 19 of this Agreement.

18.2   If any contradictions or inconsistencies occur between the translated version and the Japanese version of this agreement, the Japanese version will take priority.

19. Agreement application and modifications

19.1　This Agreement applies to Tonchidot and all users of our Services. All Users agree to comply with the terms outlined in this agreement. You also agree to comply with separately provided user agreements and similar documents and rules that our partners, commissioned third-parties and marketplaces may require users of our Service to observe.

19.2　When using the Services, you will be subject to additional guidelines, individually posted rules and agreements. These constitute a part of this User Agreement, and are hereby incorporated into this Agreement. If there are any discrepancies between these additional rules and this Agreement, then the additional rules will take priority.

19.3　The above notwithstanding, if there are discrepancies between this Agreement and what is presented on any other parts of the Services, then this Agreement will take priority.

19.4    If there are any discrepancies between this Agreement and those provided by our service partners and third-parties, then this Agreement will take priority.

19.5    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.

19.6    Any such modification will be effective upon our posting of a new Agreement.

19.7    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. We retain the right to refuse and to stop providing Services, to anyone who cannot agree to this Agreement, and any changes thereof. In such cases, we shall terminate the Agreement, and close your User Account.

20. General Legal Terms

20.1   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.

20.2   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.

20.3   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.

20.4   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.

Issued on September 24th, 2009

Revised on December 21st, 2009

Revised on June 8th, 2010

Revised on September 22th, 2010

Revised on March 9th, 2011

Revised on November 2nd, 2011

Revised on November 28th, 2011

End