THETA Terms of Service
Article 1 (Terms of Use)
This Terms of Use applies to when the Member, as defined by Article 3, Item 1 (hereinafter, "Member"), and the User, as defined by Article 3, Item 4 (hereinafter, "User"), use the "Tomei-shojo" site (hereinafter, "Tomei-shojo") selling the Virtual Reality content (hereinafter, "VR") operated by THETA Corporation (hereinafter, "Operator") or use the VR content distribution site and related software (hereinafter, "the Service") provided jointly by the Operator and VR content sales agents (hereinafter, "business partners"). However, any other separate terms, cautions, or user guide stipulated for the Service will also apply to the Member in conjunction with this Terms of Use.
Article 2 (Modifications to these Terms of Use)
1. Operator may modify the Terms of Use, etc., without the prior consent of Members and Users. In such a case, the modified Terms of Use, etc., shall apply to the Service. However, the Operator will use its website to inform Members as much as possible in advance about the modified Terms of Use. The modified Terms of Use, etc., shall take effect when it is displayed online unless otherwise stipulated by the Operator. Members and Users using the Service after the modification will be deemed to have agreed to the modified Terms of Use, etc.
2. Operator may expel from the Service any Members who do not agree to the modified Terms of Use, etc.
Article 3 (Members and Users)
1. A Member is a party who has a desire to join the Service and joined as a Member bearing an ID. To register as a Member, the party must agree to the Terms of Use, etc., and complete the required application procedure. A Member is one who has agreed to the Terms of Use, etc., upon the completion of the Member registration. Also, the Member's email address, among other information required by the Operator for the Member registration, shall be used as the Member's ID for using the Service.
2. An underage person registering as a Member must first receive the consent of a legal guardian. The Operator shall not be held liable for any detrimental health effects on the underage Member from viewing VR content. The Operator does not recommend having underage Users.
3. Underage Members must agree to restrictions on using or purchasing certain content.
4. A User is a party who uses the Services provided by Tomei-shojo. The term "uses" here is not limited to using the Service as a registered Member. It also refers to the act of accessing Tomei-shojo and browsing through the VR content's thumbnails and text. By accessing Tomei-shojo, the User automatically agrees to all the Terms of Use, etc.
Article 4 (Notice of Change in Personal Information)
1. If the Member's email address or other information submitted to the Operator has changed, the Member is to promptly submit the change to the Operator by following the stipulated procedure.
2. If the Member does not submit the change and the Member encounters a problem as a result, the Operator shall not be held liable.
Article 5 (Membership Termination)
1. To quit the Service, the Member is to follow the stipulated procedure to notify the Operator. After quitting the Service, the former Member will not be able to use any content purchased or downloaded from the Service.
2. Operator can expel any Member who has misused the Service, disturbed the public order, or violated the Terms of Use, etc. In such a case, the expelled Member will no longer be able to use any of the content purchased or downloaded from the Service.
3. If the Member quits the Service in accordance with Item 1 or is expelled in accordance with Item 2, the Operator shall not refund any amount paid for downloaded VR content.
4. The Service can only be used by the Member himself or herself. If the Member dies, the Member will be considered to have automatically quit the Service even without following any procedure. The content purchased or downloaded by the deceased Member cannot be inherited by anyone.
Article 6 (Prohibited Transfers)
1. A Member cannot transfer or lend his or her Member's status and rights to any third party.
2. A Member who has downloaded VR content from this website is prohibited from uploading the content to another online media or service without the permission of the Operator for viewing by anyone.
Article 7 (Technical Environment for Using the Service)
1. Members and Users are to use the Service with any of the devices and operating systems (hereinafter, "compatible devices") listed on the Service's user guide page and app download page. Using the Service with an unlisted device or operating system may partially or totally prevent the Member or User from using the Service. The Operator may change the list of compatible devices without prior notice. The Operator shall not be held responsible if the Member or User cannot totally or partially use the Service due to his or her technical environment.
2. Members and Users must understand that the devices compatible with the Service may continue to be limited in the future.
3. Members and Users must possess at their own expense and means all the communication devices, software, and other devices required to use the Service. They must also bear the cost and responsibility of connecting to the Service through an electronic connection service.
Article 8 (User Responsibility)
1. Members under their own ID shall be responsible for all their actions and the results of their actions when using the Service, regardless of whether they actually conducted such actions themselves. The Operator shall not be held liable for any loss or damages incurred by the Member caused by the Member's actions or their results unless it was the fault of the Operator's deliberate act or gross negligence.
2. The Operator shall not be subject to provide any compensation or be held liable for any loss or damages incurred by Members and Users of the Service using or purchasing the content unless it was the fault of the Operator's deliberate act or gross negligence.
3. If a Member or User has a request, question, or complaint concerning another party's action, the Member or User is to contact that party directly to convey the request, question, or complaint and bear the personal responsibility and expense to resolve the matter.
4. If a Member or User inflicts any loss or damages to the Operator or another party by using the Service (or by not following the Terms of Use, etc.), the Member or User will bear the personal responsibility and expense to provide compensation.
5. If the Terms of Use, etc., does not define the Operator's responsibility and the Operator was at fault for loss or damages inflicted on a Member but not due to the Operator's deliberate act or gross negligence, the Operator shall compensate the Member no more than the amount the Member paid or within the actual or normal amount (cumulative limit) for the respective loss or damages.
Article 9 (Service Fee and Method of Use)
1. The fees and payment calculation for using or purchasing content shall be as stipulated separately by the Operator.
2. After the Member charges or purchases the VR content, the Member can view the content using the method specified by the Operator.
3. If the Member does not follow Item 2 and is unable to download or stream the purchased content to the Member's compatible device, the Operator shall not be held liable for the Member's loss.
4. The Operator can set a limited period for Members to download content or view streaming content. If the Member is unable to download or stream the purchased content during the limited period, the Operator shall not bear any responsibility.
Article 10 (Payment Methods)
The Member is to send payment or settle any charges using one of the following methods approved by the Operator.
1. Payment using a credit card from an Operator-approved credit card company in accordance with the credit card company's regulations. In this case, the name of the credit card holder, the name of the purchaser, and the name of the service user must match the Member's name.
2. Other Operator-approved payment methods stated separately.
Article 11 (Payments)
1. Each time the Member makes a purchase, the Operator shall add up the Member's total amount owed by the respective ID.
2. The Operator shall charge the Member's credit card or other payment method for the amount calculated in Item 1 together with the respective consumption tax.
3. The Member shall use the respective payment method, such as a credit card company, to pay the required amount in accordance with the payment conditions specified separately.
4. If there is a dispute between the Member and credit card company concerning the amount or bill, it is to be resolved between these two parties without any involvement of the Operator who cannot be held responsible for any dispute. The Service uses Strip Co. to handle credit card payments.
5. If there is a major problem with a credit card payment and the Member cannot properly download the VR content, the Operator shall not be held responsible.
Article 12 (Subcontractors)
1. To execute the operations described in the preceding Article, the Operator may entrust the Member's personal information to a specified third party. The personal information shall not be used for anything beyond the necessary purpose.
2. The personal information mentioned in the preceding Item to be entrusted shall be for the credit card payment settlement company. The personal information will include the credit card number, credit card holder's name, credit card expiration date, payment amount, and other information necessary to settle the credit card payment.
3. To facilitate the execution of the payment process, the Operator may disclose the Member's registered information and usage information to an entrusted third party as requested by the Member through the payment processor.
4. To execute support activities, the Operator shall keep the obtained information up to six months after it stops operating the website. After this period, the information will be properly deleted.
Article 13 (Non-refundable Fees)
1. Once the Member purchases VR content, the payment cannot be refunded. Also, payments already made for content purchased through the Service cannot be refunded regardless of the reason.
Article 14 (Password Management)
1. The Member is not to have any other party use his or her ID and password to use the Service. The Member is not to share his or her ID and password with anyone else nor allow it to be used by anyone else. To this end, the Member must take full responsibility for using and managing his or her ID and password.
2. If the Member suffers any loss or damages due to another person using his or her Member's ID and password, whether or not it was due to the Member's act or fault, the Operator shall not be held liable unless it was the Operator's fault. If the Member forgot his or her password or if a third party found out the password, the Member is to immediately notify the Operator as stipulated by the Operator. All use of the Service under the Member's ID and password shall be deemed as use by the Member himself or herself. The Operator shall not take any responsibility for any use of the Service under the Member's ID and password.
3. The Member is obligated to change his or her password on a regular basis.
Article 15 (Limits on the Personal Use of Copyrighted Materials, Trademarks, etc.)
1. Copyrights to all the data, information, text, transmissions, software, etc., included in the Service belong to the Operator or the respective copyright holder, publisher, agent, or other third party. In accordance with copyright laws, Members and Users are not allowed to duplicate these works beyond personal use.
2. All the trademarks, service marks, logos, etc., found in the Service are registered trademarks or trademarks of the Operator or respective copyright holder, publisher, agent, or other third party. Members and Users cannot use them outside of using the Service.
3. Members and Users shall not have any third party do anything to violate Item 2.
4. Members and Users do not become the copyright holder of the data they download. Members and Users may save and keep the data on their compatible devices or recording media. However, the data's ownership and all other rights and intellectual property rights included in the data belong to the copyright holder.
Article 16 (Prohibited Conduct)
1. With regard to the Service, Members and Users are prohibited from doing any of the following.
i. Any acts that will or may violate the copyrights, trademark rights, and other intellectual property rights of the Operator or other party.
ii. Any acts that will or may violate or damage the property, privacy, or portrait rights of another party.
iii. Falsifying or deleting the Operator's information or other party's information accessible through the Service.
iv. Using the Service while masquerading as another party.
v. Sending or making available a harmful computer program, etc., to other people.
vi. Sending other people unsolicited email containing advertising, publicity message, invitations, etc., or any email containing hateful messages or potentially hateful messages. Obstructing another person from receiving email. Requesting people to forward chain letters via email or accepting such requests.
vii. Unauthorized access or use of another party's equipment or the equipment used by the Service (communication equipment, computers, and other apparatus and software used by the Operator to provide the Service) that disrupts (or may disrupt) the use or operation of the equipment.
viii. Downloading content to a device or recording media using a method other than what is specified by the Operator in Article 9.
ix. Duplicating the content into a file format other than what the Operator has stipulated.
x. Unauthorized modification or deletion of the information included in the content.
xi. Other than the above, any other violation of any laws, the Terms of Use, etc., or public morals. Obstruction of the operation of the Service, defaming the trust of the Operator, or causing damages or loss to the Operator's assets. Any actions causing another party or the Operator to suffer a loss.
xii. Any action to facilitate, teach, or promote any of the prohibited actions above.
xiii. Linking to a website or social media showing any of the prohibited acts above.
xiv. Any action that the Operator deems to be inappropriate or which may lead to any of the prohibited actions above.
2. If any Member or User has executed any of the prohibited actions stated in the preceding Item or in the preceding Article's Item 3, the Operator shall terminate the Service to the Member or User in question without notice at the Operator's discretion. The Operator can also expel the Member in question from the Service in accordance with Article 5, Item 2. Also, if the service termination or Member's expulsion causes any loss or damages to another Member or third party, the Operator shall not be held liable.
Article 17 (Temporary Stoppage of the Service)
1. The Operator may temporarily stop the Service partially or entirely without advance notice to Members and Users due to any of the following reasons:
i. Periodic or urgent maintenance of equipment used by the Service.
ii. The Service has been disrupted by fire, a power outage, etc.
iii. The Service has been disrupted by an earthquake, volcanic eruption, flood, tsunami, or other natural disaster.
iv. The Service can no longer be provided due to war, civil disturbance, rioting, labor disputes, etc.
v. The Operator needs to temporarily stop the Service due to environmental, operational, or technical reasons.
2. If the Operator delays or stops the operation of the Service due to any of the reasons above or any other reason, the Operator shall not be held liable for any losses incurred by the Member or other party as a result.
3. The Operator may stop or limit access to the content provided by the Service without the prior consent of Members. The Operator may also change the content. If the Member or other party suffers a loss as a result, the Operator shall not be held liable.
Article 18 (Jurisdiction)
If a lawsuit is to be filed between a Member or User and the Operator, it shall be filed in the Tokyo District Court within the applicable jurisdiction for the first trial.
Article 19 (Governing Law)
This Terms of Use, etc., shall be governed by the laws of Japan.
Software License Agreement
Article 1 (Software License)
Tomei-shojo shall deem that the Member or User has agreed to this Software License Agreement at the point when the Member or User has saved the Software after downloading it to his or her device, hard disk, or other storage device as specified by the Service's user guide page and the Service's app download page. This shall apply regardless of whether or not the download was temporary. A license to use the Software will thereby be granted to the Member or User.
Article 2 (Copyrights)
The copyrights and intellectual property rights to the Software belongs to Tomei-shojo or third parties that granted our company rights related to the use of the Software. This Software License Agreement does not transfer any rights to Members and Users.
Article 3 (Prohibited Conduct)
With regard to using the Software, Members and Users are prohibited from doing any of the following.
1. Distributing (uploading to a website, etc.), renting, leasing, selling, or licensing the Software (partially or wholly; this definition hereinafter applies to "Software") to a third party without Tomei-shojo's permission.
2. Disassembly of the Software by reverse assembly or reverse engineering.
3. Using the Software for commercial purposes.
4. Using online methods such as the World Wide Web, FTP, and LAN to distribute the Software to specific or non-specific third parties.
5. Violating the Software's copyright or other intellectual property rights by altering, revising, or changing the Software.
Article 4 (Handling of Members and Users' Usage Information, etc.)
1. When the Member or User starts using the Software, Tomei-shojo will collect the following information: The history and condition of using the Software's content, the condition and environment of using the Software's functions (including statistical data on which functions Members and Users use and other related data) and access history. (Hereinafter, "Information" shall refer to all this information.)
2. Tomei-shojo may use this Information and disclose this Information to third parties for the following purposes:
i. To manage Software errors and bugs.
ii. To manage Software functions for providing Software updates.
iii. To improve the information and services provided according to the usage and interests of Members and Users.
iv. To survey, collect data, and analyze the Information to improve services.
3. This Information may be sent outside Japan to be processed and stored.
4. This Information, by itself, on Software use collected by Tomei-shojo and third parties cannot specifically identify any individual Member or User. Also, Tomei-shojo and third parties shall not use or combine this Information with other information to identify any individual Member or User.
Article 5 (Disclaimers of Warranties)
1. This Software is provided by Tomei-shojo without any warranties and liabilities for its quality, performance, operation, defects, fitness, and compatibility with any device.
2. Whether Tomei-shojo clearly indicates it or not, it provides this Software without any warranties for the Software's completeness, correctness, usefulness, fitness for any particular purpose, violation of a third party's rights, and any other issues.
3. In no event shall Tomei-shojo be responsible for any loss or damages (including but not limited to the damage of any devices and software settings used, profit loss, disruption of a business, information loss, and any other financial loss; also applicable to the next Article) arising from the installation, use, imperfect use, or distribution of the Software to a third party.
Article 6 (Termination)
1. If a Member or User wants to terminate the use of this Software, he or she can delete the Software from the device and thereby terminate this Software License Agreement.
2. If the Member or User violates the terms of this Software License Agreement, Tomei-shojo can immediately terminate this Software License Agreement. In such a case, the Member or User must immediately delete this Software from their devices. In no event shall Tomei-shojo be responsible for any loss or damages arising from the deletion of the Software in accordance with this Article.
3. The Software is for use only by Members and Users. If the Member or User is an individual person, this Software License Agreement shall be automatically terminated upon the death of the Member or User without requiring any notification procedures.
Article 7 (Other Terms)
1. Tomei-shojo may modify, stop providing, or terminate the Software without advance notice to Members and Users.
2. This Software License Agreement shall be governed by the laws of Japan.
3. Any lawsuit related to this Software License Agreement is to be filed in the Tokyo District Court within the applicable jurisdiction for the first trial.