Terms of Use for cameran
These Terms of Use for "cameran" (these "Terms of Use") set forth the conditions for using the Service of "cameran" ("Service") provided by Recruit Holdings Co., Ltd. ("Company") and the application software regarding the Service provided by the Company ("Software").
By downloading or installing the Software, or by using the Service ("User"), the User shall be deemed by the Company to have agreed with these Terms of Use, and these Terms of Use shall apply to the User.
In the event of any conflict or discrepancy between the Japanese version of these Terms of Use and the translation thereof in languages other than the Japanese, the terms and conditions of the Japanese version shall prevail.
Article 1. License of the Software
1.1 The Company grants to the User, free of charge, the right to use the Software in accordance with the conditions set forth in these Terms of Use on a non-exclusive basis.
1.2 The communication fees required in the use of the Software and the Service shall be borne by the User in full.
Article 2. Use of the Service
2.1 The User shall use the Service in accordance with the conditions set forth in these Terms of Use. The details of the contents and functions of the Service shall be separately indicated on the terminal screen on which the Service is provided.
2.2 The user shall comply with these Terms of Use as well as the notes and other items indicated on the terminal screen on which the Service is provided.
2.3 The User agree in advance that, depending on the communication environment and other circumstances, all or part of the functions of the Service may not be able to be used; and shall hold the Company harmless from any damage caused to the User arising therefrom.
2.4 The Company may entrust all or part of the Service to any third party; the User shall accept such entrustment.
Article 3. Acquisition of Information from Third Party Service
The Company may obtain information on the User from the services provided by any third party ("Third Party Service") if such User inputs any information into the Service such as an ID which can be used in such Third Party Service, and the User gives approval thereof in advance.
Article 4. Handling of Personal Information
In the event of the Company handling the personal information of the User on the Service, the Company shall properly handle the personal information of the User in accordance with the privacy policy separately established by the Company.
Article 5. Contents of User Postings
5.1 When the User posts images, texts, etc. on the websites designated by the Company ("Website(s)") by using the Service (such images, texts, etc. posted shall be referred to as "User Postings"), the User shall be deemed to have granted to the Company the right to engage in the following acts, and to duplicate, publicly transmit, distribute, lease, alter, edit, make into a film, adapt or otherwise use such User Postings free of charge. This grant shall be non-exclusive, sub-licensable, and assignable; the User shall not exercise the moral rights of an author relating to such User Postings (i.e. the right to determine the indication of the author’s name, the right to maintain the integrity of his/her work and its title):
(1) Examining the contents;
(2) Posting, or not posting the User Postings on the Websites;
(3) Modifying and posting the User Postings on the Websites (including determining the relevant posting period);
(4) Modifying or deleting the User Postings after the posting on the Websites; and
(5) Deleting the User Postings posted on the Websites without providing prior notice to the User.
5.2 The User represents and warrants that the copyrights and other rights for the User Postings shall be owned by the User unless otherwise set forth in these Terms of Use and that they do not infringe upon any rights of any third party.
5.3 Notwithstanding the preceding paragraph, if the User desires to post any images, texts, etc., whose copyrights and other rights are owned in whole or in part by any third party (for example, comments stated by any third party) ("Third Party Information") on the Websites, the User shall post the Third Party Information on the Websites only after obtaining consent from the relevant third party to the extent that the relevant third party shall assume the same obligations as those imposed on the User under these Terms of Use, and that the User will post the Third Party Information on the Websites.
5.4 If the User breaches the preceding paragraph, thereby causing any trouble between the Company or any other User, and a rights holder of the Third Party Information, the User shall settle such trouble at his/her own responsibility and expense, and shall not cause any inconvenience to the Company.
5.5 The User shall assume responsibility to provide compensation for any damage arising out of the content of the User Postings, and shall not engage in the following postings, or any postings which might constitute any of the following postings on the Websites:
(1) The posting of any content infringing upon the rights of a third party, including copyrights, trademark rights, or other intellectual property rights, privacy rights or honor, of the Company or any third party;
(2) Impersonated postings;
(3) The posting of content damaging the confidence in and/or reputation of the Company;
(4) The posting of inquiries or complaints relating to the contents or functions of the Software and the Service or the accuracy of the information provided regarding the Service;
(5) Any posting involving the transmission of harmful computer programs, spam mail, chain letters, junk mail, etc.;
(6) The posting of any content defaming, slandering, or damaging the honor or privacy of, the Company or specified companies, corporations, organizations, areas or individuals, or containing improper expressions such as discriminatory statements (including statements in the form of unprintable words);
(7) The posting of electoral campaigning for public office, inducement into a specified thought or religion, or other similar content;
(8) The posting of pornographic novels, photos, inducement to engage in sexual intercourse, or other obscene content;
(9) The posting of content inducing or fostering acts of violence, or acts of an atrocious nature, or crimes by children and juveniles, or content impeding the sound growth and development of children and juveniles;
(10) Any posting containing discriminatory expressions, or nonsensical or grotesque content;
(11) The posting of content which breaches the laws and regulations, or the public order and morals; and
(12) Other than the foregoing, the posting of content which the Company considers to be or to include inappropriate content or expressions.
5.6 The user agrees in advance that the User Postings and the usage history of the Service ("History") may be publicized on the Service and on any Third Party Service. The scope of publication on the Service with regard to the User Postings and History shall be determined by the settings made by the user in accordance with the indications displayed in the Service. In addition, the scope of publication on a Third Party Service with regard to the User Postings and History shall be determined by the settings made by the User in accordance with the rules set forth by such Third Party Service.
Article 6. Intellectual Property Rights, Etc.
6.1 Any rights to the content, including the texts, images, programs, or other data provided by the Company on the Software and the Service ("Content") (proprietary rights, intellectual property rights, portrait rights, publicity rights, etc.), excluding the User Postings, shall be owned by the Company or a third party possessing the relevant rights. The copyrights and any other rights to or in the part of the contents included in the Product are owned by Lucky Star Co., Ltd. The User shall not, irrespective of the method or manner thereof, duplicate, copy, transcribe, transfer, accumulate, sell, publish, or use such rights beyond the scope of personal use of the User as an individual, without obtaining the permission of the Company.
6.2 The Company does not provide any guarantee, whether explicit or implicit, that the Software and the Content have not infringed upon any intellectual property rights or other rights of any third party.
Article 7. Responsibilities of User
7.1 The User shall download, install, update the versions of, and uninstall the Software, and use the Software and the Service, at his/her own responsibility and expense.
7.2 The User shall not cause any disadvantage, burden, or damage to the Company arising from any of his/her own acts conducted by using the Software and the Service and the results thereof (including any troubles arising from communication between Users). If the Company suffers any disadvantage, burden, or damage due to any act of the User or the results thereof, the User shall compensate the Company for such disadvantage, burden, or damage.
7.3 The Company shall assume no liability for any damage suffered by the User caused by any third party’s use of the terminal of the User on which the Software has been downloaded or installed. The Company shall deem any use of the Service by using the relevant terminal to have been made by the User who holds the relevant terminal; the User shall assume liability to provide compensation for any damage caused arising from such use.
7.4 The Company shall assume no liability for any damage caused arising from any third party’s impersonation of the User and use of the Software and the Service; the User shall assume liability to provide compensation for any damage caused by the User’s willful intention or negligence.
Article 8. Prohibited Matters
In using the Software and the Service, the User shall not engage in any of the following acts, or any acts which may constitute any of the following acts:
(1) Engaging in a criminal act or any other act that leads to a criminal act;
(2) Infringing upon any rights of a third party including the copyrights, trademark rights, other intellectual property rights, privacy rights or honor of the Company or any third party;
(3) Discriminating, defaming or slandering the Company or any third party;
(4) Using the Software or the Service for profit or for commercial purposes (excluding the case where such use is permitted by the Company);
(5) Interfering with the operation of the Service, including making illegal access to the system which provides the Service;
(6) Duplicating, copying, reprinting, transmitting, storing, selling, publishing or otherwise using beyond the scope of private use by an individual User, all or part of the Software or the Content without obtaining authorization from the Company;
(7) Sublicensing, transferring, or otherwise collateralizing the right to use the Software;
(8) Reverse engineering, reverse compiling, reverse assembling of the Software, or any other acts similar thereto;
(9) Damaging the confidence and/or reputation of the Company or any third party;
(10) Using the Software or the Service by impersonating another person;
(11) Engaging in an act that breaches the laws, regulations, public order or morals, or these Terms of Use;
(12) Using the Software or the Service in a manner other than approved by the Company;
(13) Causing nuisance to the Company or any third party; or
(14) Other than the foregoing, any act deemed by the Company as inappropriate.
Article 9. Company’s Exemption, Etc.
9.1 The Company does not provide any guarantee as to any matter, including the accuracy, updatedness, completeness, or validity of the Software, the Service, or any information provided thereby.
9.2 Even if the terminal of the User is not suitable for the use of the Software and the Service, the Company shall not assume any obligation to take measures to render the terminal, the Software and the Service suitable with each other for such use, including amending, altering or otherwise changing the Software and the Service.
9.3 Even if the User is not able to use the Software and the Service in connection with the deletion of an account for a Third Party Service account by the User, the Company shall not be liable for such unavailability.
9.4 The Company will not, in any way, be involved in the communication or activities by the User; nor assume any liability to provide compensation for any damage caused arising from the contents of the User Postings. Even if there is any dispute occurring between the User and a third party arising from the contents of the User Postings, the Company shall not assume any obligation to handle such dispute.
9.5 The Company shall not assume any liability to provide compensation for any damage caused arising from any slowdown in the indicated speed or failure in the Service or the like due to excess access levels or other unexpected reasons.
9.6 The Company shall not assume any obligation to oversee or retain the contents of the User Postings.
9.7 If any of the following items occurs, the Company may disclose the contents of a User Posting to a third party. The Company shall not assume any liability to provide compensation for any damage caused by such disclosure.
(1) If accepted by the User;
(2) If required for ascertaining and resolving the causes of technical defects in the Software and the Service;
(3) If officially required by a public agency, including the court and the police, in accordance with the laws and regulations;
(4) If the Company considers that there has been any breach or any act which is likely to breach these Terms of Use;
(5) If the Company considers that there is an imminent danger to the life, limb, property or the like of a person such that there is an urgent necessity for such disclosure;
(6) If the Company considers that the requirements for disclosure stipulated in the laws or regulations are satisfied; or
(7) Other than the foregoing, if the Company considers it necessary in order to properly provide the Software and the Service.
9.8 If the User breaches these Terms of Use, or if the User engages in any act which the Company considers inappropriate for the operation of the Service, the Company may take necessary measures to prevent the User from engaging in such acts (including legal measures) including discontinuation of the use of the Software and the Service or demanding compensation for damage against the User without providing any notice, demand, or disclosure of the reasons therefor; the Company shall assume no liability to provide compensation for such damage caused to the User thereby.
Article 10 Change, Discontinuation or Termination of the Service
10.1 If any of the following occurs, the Company may discontinue all or part of the Service without prior notice to the User; if any damage is caused to the User or any third party due to such discontinuation, the Company shall assume no liability to provide compensation for such damage.
(1) When a periodic or emergency maintenance or check of the system for providing the Service is conducted (including any case in connection with an amendment to the specifications of a Third Party Service);
(2) When the provision of the Service becomes difficult or impossible due to an emergency, including fires, power outages, natural disasters, etc.;
(3) When the provision of the Service becomes difficult or impossible due to war, civil commotion, insurgency, riot, labor dispute, etc.;
(4) When the provision of the Service becomes difficult or impossible due to a failure in the system for providing the Service, illegal access by a third party, or infection by a computer virus, etc.;
(5) When the provision of the Service becomes difficult or impossible due to measures taken in accordance with the laws, regulations, etc.;
(6) When the provision of the Service becomes difficult or impossible due to the discontinuation or termination of the provision of a Third Party Service (including, but not limited to, discontinuation due to maintenance, amendment to the specifications, or repair of defects); or
(7) Other than the foregoing, when the Company determines it to be unavoidable.
10.2 The Company may revise, add to, amend or discontinue all or part of the Service without providing any prior notice to the User; even if the User or any third party suffers any damage caused thereby, the Company shall assume no liability to provide compensation for such damage.
Article 11. Anti-social Forces
11.1 The User represents and provides his/her assurance that, both at present and in the future, he/she is not and will not become a crime syndicate, a crime syndicate member, a person for whom five years have not yet passed after ceasing to be a crime syndicate member, an associate member of a crime syndicate, a corporation associated with a crime syndicate, a sokaiya (corporate racketeer), a political racketeer advocating social change, a special white-collar criminal group, etc., or other persons similar to any of the foregoing (collectively, "Crime Syndicate Member(s)"); and that none of the following applies or will apply to the User:
(1) Having relations with an entity which is deemed to be controlled by or subject to the substantial involvement of a Crime Syndicate Member, or a person similar thereto;
(2) Having relations which are deemed to have unduly used Crime Syndicate Members, including having the purpose of illegally benefiting himself/herself or any third party, or causing any damage to any third party;
(3) Having relations which are deemed to have had involvements with, including providing funds to or favoring Crime Syndicate Members.
11.2 The User provides his/her assurance that he/she shall not engage in or cause any third party to engage in any one of the following acts:
(1) Making a violent demand;
(2) Making an unreasonable demand in excess of legal responsibility;
(3) Engaging in violence or threatening words or deeds in relation to a transaction;
(4) Disseminating rumors, damaging the confidence and/or reputation of the other party by exercising fraudulent means or force, or obstructing the business of the other party; or
(5) Any other acts similar to any of the foregoing.
Article 12. Modification of the Software
12.1 The Company may modify (update) the Software if necessary; and shall assume no liability to provide compensation for any damage caused to the User or any third party arising therefrom.
12.2 The User shall install the modified Software on the terminal held by the User in accordance with the manner separately designated by the Company.
12.3 All the expenses required for installing the modified Software shall be borne by the User; the Company shall not bear any such expenses.
Article 13. Amendment to these Terms of Use
13.1 The Company may, at its own discretion, amend these Terms of Use at any time for any reason.
13.2 Unless otherwise set forth by the Company, the amended Terms of Use shall become effective from the time when such amended Terms of Use are indicated on the terminal screen on which the Service is provided.
13.3 If the User does not agree with these Terms of Use after amendment, the User shall terminate the use of the Software and the Service; if the User has continued using the Software and the Service after the amended Terms of Use become effective, the User shall be deemed to have agreed with the contents of the amended Terms of Use.
Article 14. Validity of these Terms of Use and other terms of use, etc.
14.1 Even if part of these Terms of Use is held invalid in accordance with the laws or regulations, the remaining part of these Terms of Use shall remain valid.
14.2 Even if all or part of these Terms of Use is held invalid or cancelled in relation to a particular User, these Terms of Use shall remain valid in relation to other Users.
Article 15. Non-assignment of Rights and Obligations
15.1 Unless otherwise set forth in these Terms of Use, the User shall not assign or lease to any third party, or collateralize, his/her rights and obligations arising under these Terms of Use without the prior written approval of the Company.
15.2 If the Company assigns any business relating to the Service to another company or to other companies, the Company may assign its status under these Terms of Use, its rights and obligations under these Terms of Use, and the information of the User in connection with such business assignment to an assignee under such business assignment; the User shall be deemed to have agreed with such assignment in advance. The business assignment set forth in this paragraph shall include normal business assignments as well as any case where there is a company split or other type of transfer of business.
Article 16. Governing Law and Jurisdiction
16.1 These Terms of Use shall be governed by the laws of Japan.
16.2 Any litigation which becomes necessary between the User and the Company shall be exclusively submitted to the Tokyo District Court in the first instance.
End
Supplementary Provisions
Revised on June 20, 2013