VR Gallery Space Service
Terms of Use
This Agreement is made in Japanese and translated into English. The Japanese text is the original and the English text is for reference purposes. If there is any conflict or inconsistency between these two texts, the Japanese text shall prevail.
These the Terms of Use govern the use of the " VR GALLERY SPACE" service (hereinafter referred to as the "Service") provided by Tomo Creations, Inc. (hereinafter referred to as "Company ") Please use the Service upon agreeing to the Terms of Use.
Article 1 Definitions
The definitions of terms used in this Agreement are as follows.
(1)The service | Services operated by the Company and related services. |
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(2)The site | Websites on which the contents of this service are posted. |
(3)The content | Collective term for text, sound, still and moving images, software programs, code, etc., provided on the Service. |
(4) User | All users of the service. |
(5)Registered user | Those who have completed user registration for this service. |
(6)ID | A character string that is unique to the registered user for the use of this service. |
(7)Password | Encryption uniquely set by the registered user corresponding to the ID. |
(8)Personal information | A generic term for information that can be used to identify an individual, such as an e-mail address. |
(9)Registered Information | A generic term for information registered by a Registered User with the Service. |
(10) Intellectual property | Inventions, devices, new varieties of plants, designs, works and other items produced by human creative activity (including laws or phenomena of nature that have been discovered or elucidated and have industrial applicability), trademarks, trade names and other items indicating goods or services used in business activities and trade secrets and other Technical or business information useful for business activities. |
(11) Intellectual property rights | Patent rights, utility model rights, breeder's rights, design rights, copyrights, trademark rights, and other rights provided by law with respect to intellectual property or rights pertaining to legally protected interests. |
Article 2 Agreement to the Terms of Use
- Users may use the Service upon agreeing to the Terms of Use.
- When a user downloads the Service to a smartphone or other information terminal and goes through the procedures for agreeing to the Terms of Use, a contract of use in accordance with the various provisions of the Terms of Use shall be established between the user and the Company.
- If the user is a minor, please obtain the consent of a person with parental authority or other legal representative before using the Service.
- If a minor user uses the Service by falsely claiming to have the consent of a legal representative even though he/she does not have such consent, or by falsely claiming to be an adult with respect to age, or by using other fraudulent means to make the user believe that he/she is competent to act, any legal action related to the Service cannot be revoked.
- If a user who was a minor at the time of agreeing to the Terms of Use uses the Service after reaching the age of majority, said user shall be deemed to have ratified all legal acts related to the Service.
Article 3 Modification of The Terms of Use
- The Company may revise the Terms of Use at any time without obtaining the User's consent, and the User agrees to such revisions without objection.
- When the Company revises the Terms of Use, it will send the revised Terms of Use by e-mail or through our VR Gallery Web site ( https://vr-gallery-j.com/).
- The revision of the preceding The Terms of Use shall take effect from the time when the Company gives notice in accordance with the preceding paragraph.
- Users will be deemed to have agreed to the modified Terms of Service without objection at the time of using the Service after the modification of the Terms of Service.
Article 4 Membership Registration Procedures for Users
- Those who wish to register as a member of the Service (hereinafter referred to as "prospective member") must agree to the the Terms of Use and register as a member in the prescribed manner.
- A person who has registered as a member becomes a registered user from the time the Company accepts the application and the ID registration is completed.
- The company will send email notifications, new information, and other information to registered users.
- The company reserve the right to refuse registration if any of the following conditions apply to a prospective member.
(i) When a prospective member registers for membership without following the method specified by the Company.
(ii) If the prospective member has been removed from membership for violating the Terms of Use or other terms of use stipulated by the Company in the past.
(iii) When the Company deem that the prospective member is registering by fraudulent means.
(iv) When a prospective member has registered information other than his/her own.
(v) In any other case that the Company deem inappropriate.
Article 5 Account Management
- Users shall voluntarily register and manage the information they have registered for use (hereinafter referred to as "Registered Information") at their own risk. 1 Users shall voluntarily register and manage the information registered for use (including e-mail addresses, IDs, passwords, etc.) at their own risk. Users shall not allow any third party to use the information, or lend, assign, transfer, change the ownership of, sell, or otherwise dispose of the information.
- When the registered information is used for the Service, the Company may treat it as if the person who registered for the Service had used the Service, and the person who registered for the Service shall be responsible for any and all consequences and liabilities arising from such use.
- Users shall compensate us and third parties for any damages incurred to the Company or third parties as a result of unauthorized use of Registered Information.
- Users shall manage their Registered Information at their own risk, and the Company shall not be liable for any disadvantage or damage incurred by users due to inaccurate or false Registered Information.
- In the event that a user discovers that his/her Registered Information has been stolen or used by a third party, the user shall immediately notify the Company to that effect and follow the Company's instructions.
Article 6 (Handling of Personal Information, etc.)
Personal information and user information shall be handled appropriately in accordance with the "VR Gallery Service Privacy Policy" separately established by the Company.
Article 7 Contents
- Users are allowed to save screens using the basic functions of information communication devices or post to SNS using their own accounts within the scope of personal enjoyment.
The User shall not illegally use (including duplication, transmission, reprinting, modification, etc.) of the Content beyond the manner of use approved by the Company and the manner of use planned by the Service. - All rights to the Contents are reserved by the Company or third parties authorized by the Company. The Service does not license the user to use any patents, utility model rights, design rights, trademark rights, copyrights, or other intellectual property rights owned by the Company or third parties authorized by the Company.
Article 8 Termination of Service
- The Company may terminate the Service by giving notice to the User in an appropriate manner.
The Company shall be responsible for the following. - In the event of termination of this service for any cause, the Company shall not be liable for any damages incurred by the user or any third party resulting from such termination.
Article 9 Prohibited Acts
When using the Service, the following actions are prohibited by the Company. If the Company finds that a user has violated any of the prohibitions, the Company may temporarily suspend the user's ID ,cancel the user's membership, or take any other action deemed necessary by the Company.
- Infringement of the intellectual property rights of the Company or any third party
- Any act that defames or slanders the reputation or credibility of the Company or any third party, or that unfairly discriminates against or slanders the Company or any third party
- Actions that infringe or may infringe the property of the Company or a third party
- Any act that causes economic damage to the Company or a third party
- Threatening acts against the Company or third parties
- Actions that specify or induce computer viruses or harmful programs
- Actions that place an excessive burden of stress on the infrastructure equipment for this service
- Attacks on our servers, systems or security
- Attempting to access our services by a method other than the interface provided by us
- A single user acquires multiple user IDs.
- Other than the above, actions that the Company deems inappropriate
Article 10 Liability disclaimer
- The Company shall not be liable for any damages whatsoever resulting from changes in the content, interruption, or termination of this service.
- The Company is not involved in, nor is it responsible for, the user's environment for using the Service.
- The Company makes no warranty that the Service will be suitable for the user's specific purpose, that it will have the expected functions, commercial value, accuracy, or usefulness, that the user's use of the Service will conform to the laws and regulations applicable to the user or the internal rules of any industry organization, or that defects will not occur. The Company makes no warranty of any kind.
- The Company does not guarantee that the Service is compatible with all information terminals, and there is a possibility that malfunctions may occur in the operation of the Service due to upgrades, etc. of the OS of the information terminals used to use the Service. The user shall acknowledge in advance that there is The Company does not guarantee that the problem will be resolved by modifying the program, etc. that the Company makes in the event of such a problem.
- The user acknowledges in advance that use of part or all of the Service may be restricted due to changes in the terms of service and operating policies of service stores such as App Store, Google Play, etc. The user agrees to abide by the terms of service and operating policies of such stores.
- The Company shall not be liable for any damages incurred by users directly or indirectly as a result of using the Service.
- The Company shall not be liable for any loss of opportunity, business interruption, or any other damages (including indirect damages and lost profits) incurred by users or other third parties, even if the Company have been notified of the possibility of such damages in advance.
- The provisions of Paragraph 1 through Paragraph 2 shall not apply in the event of intentional or gross negligence on the part of the Company or in the event that the contract falls under the category of consumer under the Consumer Contract Act.
- Even if the preceding paragraph applies, the Company shall not be liable to compensate for damages arising from special circumstances among damages caused to users due to acts of negligence (excluding gross negligence).
- In the event that the Company is liable for damages in connection with the use of the Service, the Company shall be liable for damages up to the amount of usage received from the user in the month in which the relevant damages occurred.
- The Company shall not be responsible for any disputes or troubles between users and other users. In the event that a dispute arises between a user and another user, both parties shall be responsible for resolving the dispute and shall not make any claim against the Company.
- In the event that a user causes damage to another user or has a dispute with a third party in connection with the use of the Service, the user shall compensate for such damage or resolve such dispute at the user's own expense and responsibility, and shall not cause any trouble or damage to the Company.
- In the event that the Company receives a claim for damages, etc. from a third party as a result of a User's conduct, the User shall settle such claim at the User's expense (attorney's fees) and responsibility. In the event that this company pays compensation for damages to said third party, the user shall pay all expenses (including attorney's fees and lost profits) including said compensation for damages to this company.
- In the event that a User causes damage to the Company in relation to the use of the Service, the User shall compensate the Company for the damage (including legal costs and attorney's fees) at the User's expense and responsibility.
Article 11 Publication of Advertisements
Users understand and agree that the Service may include any and all advertisements, and that the Company or its partners may place any and all advertisements on the Service. The form and scope of advertisements on the Service may be changed by the Company from time to time.
Article 12 Management and Use of Information
- Statistical data that the Company can obtain in providing this service (meaning the usage status of this service by users, frequency of use of each screen/item, etc., does not include personal information.) may be used for improving the Service, advertising, sales promotion and business development. The user shall consent in advance to such use by the Company.
- The Company may disclose statistical data to third parties for the purpose of improving the Service, advertising, sales promotion, and business development.
Article 13 Prohibition of Assignment of Rights
- The Subscriber shall not transfer all or part of his/her position under these The Terms of Use and rights or obligations under these The Terms of Use to any third party without the prior written consent of the Company.
- The Company may transfer all or part of the Service to a third party at our discretion, in which case all rights of the user pertaining to the Service, including the user's account, shall be transferred to the transferee to the extent of the rights transferred.
Article 14 Severability
Even if any provision of these The Terms of Use or part thereof is determined to be invalid under the Consumer Contract Act or other laws and regulations, the remaining provisions of these The Terms of Use and the remaining portions of the provisions that are determined to be invalid in part shall remain in full force and effect.
Article 15 Method of Contacting the Company
Users' communications and inquiries to us regarding the Service shall be made by sending them through the Service or through an inquiry form that is set up at an appropriate location on the Site operated by us, or through a method separately designated by us.
Article 16 Governing Law, Court of Jurisdiction
- The validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of Japan.
- The Yokohama District Court shall be the court of exclusive jurisdiction for all disputes, lawsuits, and other controversies between the Company and users.
April 1, 2023 Effective date