OnlineObservationTerms of Use

Effected as of October 1, 2017
Arque Inc.

These terms and conditions (these “Terms of Use”) specify terms and conditions relating to the use of “OnlineObservation” (the “Service”), which is a web service and application software provided by Arque Inc. (the “Company”), and the rights and duties between the Company and users (“Users”) of the Service.
In order to use the Service, you must read the entirety of these Terms of Use and agree to these Terms of Use.

1. Defined Terms in these Terms of Use

  • 1.In these Terms of Use, the following terms will have the following definitions.
    • (1)“Problem”
      A group of routes set for a certain wall surface in climbing
    • (2)“Route Setter”
      A person who came up with and/or created a Problem
    • (3)“3D Model”
      Data in which a Problem is represented in 3D on the basis of photographs of the Problem taken by the Company or a User using a Company-prescribed method
    • (4)“Beta Video”
      A video of a Problem climb created by the Company on the basis of a video of scenes climbing a Problem or photographs of the Problem as set forth in the preceding item taken by the Company or a User using a Company-prescribed method
  • 2.Unless otherwise specified, the definitions specified in the preceding items shall also apply to terms of use other than these Terms of Use, privacy policies, and other agreements, etc. relating to the Service.

2. Agreement to Terms of Use

  • 1.Unless Users give valid and irrevocable agreement to these Terms of Use, Users cannot register for or log in to the Service to use the Service, or download or install the Service.
  • 2.When a minor uses the Service, the agreement of a parent, guardian or legal agent must be obtained.
  • 3.When a User commences use of the Service, such User will be deemed to have given valid and irrevocable agreement to these Terms of Use.
  • 4.If separate terms of use etc. other than these Terms of Use regarding the Service exist or are added, Users must comply with such terms of use etc. in the use of the Service.

3. Revisions to Terms of Use

  • 1.The Company may revise these Terms of Use at any time upon giving advance notice to Users by a method determined appropriate by Company. Users are responsible for confirming such revised Terms of Use.
  • 2.Users agree in advance that if they use the Service after receiving the notice set forth in the preceding paragraph, by the act of such use, the User will be deemed to have confirmed the revised Terms of Use. In such case, if Users continue using the Service, it will be deemed that they have agreed to the revised Terms of Use.

4. Privacy Policy

The Company will comply with the privacy policy separately set forth by the Company with respect to use of information that includes personal information obtained by the Company from Users.

5. User Registration, Account Management etc.

  • 1.When registering an account for the Service, Users must register accurate information.
  • 2.If it is necessary to change the registered information, Users have a duty to promptly change such information on the Service.
  • 3.Users may not transfer, lend, or sell to a third party information relating to their User account registered for the Service, and have a duty to strictly manage their password at their own responsibility so that it does not leak to a third party.
  • 4.If a User’s account is being used fraudulently or if there is a likelihood that it is being used fraudulently, such User has a duty to promptly contact the Company through the email address below:
    support@onlineobservation.com
  • 5.Each Service account belongs exclusively to the User. A User’s use rights to the Service cannot be transferred or lent to, or inherited by, a third party.

6. Use Environment

  • 1.When using, downloading, or installing the Service, Users must, at their own cost and responsibility, appropriately install and operate all devices, communication means, software etc. to connect to the internet. The Company owes no responsibility whatsoever for such operation.
  • 2.When using the Service, Users must procure their computer, mobile, or other communication device and software etc. with the specifications and of the versions recommended by the Company at their own cost and responsibility.

7. Use of Content

  • 1.In the Service, Users are entitled to use 3D Models, Beta Videos, text data etc. of the Problems (collectively, the “Content”) provided or posted by the Company or a third party in compliance with conditions separately identified by the Company.
  • 2.Users are entitled to use the following Content in accordance with the respective methods and terms set forth in the following items; provided, however, that Users cannot modify the Content or use the Content for commercial purposes. Users wishing to use the Content for commercial purposes must contact the Company’s support team.
    • (1)3D Models
      3D Models may be viewed on the Service using a Company-prescribed method. Users who provide to the Company photographs that are used as a basis for 3D Models using the method prescribed by the Company may download and use such 3D Models.
    • (2)Beta Videos
      Beta Videos may be viewed on the Service by a Company-prescribed method. Users who provide the Company data of videos and 3D scans used as the basis for a Beta Video in the manner prescribed by the Company are provided with data of the Beta Video in the manner prescribed by the Company.

8. Intellectual Property Rights for Content Posted by Users

  • 1.With respect to Problem-related videos, photographs, and text data (“User Content”) transmitted or posted by a User on the Service, unless stipulated in these Terms of Use, or unless rights to such User Content belong to a third party in whole or in part, all copyrights (including rights set forth in Articles 27 and 28 of the Copyright Act and all other rights; the same applies below), patent rights, utility model rights, design rights, trademark rights, other intellectual property rights (including the right to acquire such rights or apply for registration etc. of such rights; below, collectively, “Intellectual Property Rights”), and all other rights shall belong to such User.
  • 2.If a third party has Intellectual Property Rights or other rights (including portrait rights) in any User Content transmitted or posted on the Service in whole or in part, or if consent by a third party is necessary for photographing or posting such User Content, Users shall obtain the third party consent necessary for use on the Service at their own cost and responsibility prior to posting on the Service, and otherwise perform all necessary conduct at their own cost and responsibility.
  • 3.When transmitting or posting User Content, Users must provide true, accurate, and complete information, and must revise such information to keep it up-to-date.

9.License to the Company and other Users

  • 1.Users hereby agree to license to the Company the right to use, free of charge and with no geographical or time restrictions, all Content transmitted or posted by Users, including User Content (including the right to modify and adapt as necessary to create Problem 3D scan data and Beta Videos, and the right to cut and otherwise modify to the extent deemed necessary and appropriate by the Company; further, this license also includes the right to sublicense such use rights to a third party partnering with the Company).
  • 2.The license specified in the preceding paragraph shall include the Company’s right to sublicense to other Users to the extent necessary for such other Users to use the Service and the right to allow other Users to download data relating to User Content.
  • 3.Users agree in advance that regarding the use pursuant to the Company’s license specified in the preceding two paragraphs and use by a third party sublicensee, they will not exercise moral rights, portrait rights, or other rights.
  • 4.If a User receives a license for User Content pursuant to these Terms of Use, such User only obtains a license to use such User Content in accordance with these Terms of Use, and no Intellectual Property Rights or any other rights to such User Content will be transferred to the User. A User who has received a use license for User Content does not have the right to use such User Content or derivative works thereof for the purpose of applying for patent rights, utility model rights, design rights, or trademark rights.

10.Intellectual Property Rights of the Company etc.

  • 1.Except for cases specified in Section 8.1, Intellectual Property Rights and all other rights relating to 3D Models and their data, Beta Videos and their data, text, photographs, images, data, programs, and all other Content included in the Service belong to the Company or duly authorized third parties that licensed use of Content to the Company.
  • 2.If 3D Models or Beta Videos created by the Company fall under derivative works of User Content, the User having the copyright for such User Content shall not exercise rights as the creator of the original work serving as the basis for the derivative work against the Company or any third party, and Users agree in advance that the Company and any third parties licensed by the Company will be permitted to independently use such 3D Models and Beta Videos pursuant to these Terms of Use.

11.Respecting Route Setters

In their use of the Service, Users acknowledge and respect that Problems are created by the efforts of a Route Setter, and shall not create any Problem that is substantially the same as a Problem viewable through the Service in a manner that harms the interests of the applicable Route Setter.

12.Changes to and Support Regarding the Service

  • 1.The Company may end the Service in whole or in part, or revise the Service in whole or in part, and may end support for the Service. In such case, the Company shall notify Users in advance.
  • 2.The Company shall owe no liability for damage incurred by Users as a result of the measures set forth in the preceding paragraph unless otherwise specified in these Terms of Use.

13.Prohibition on Transfer of Rights

  • 1.Users shall not, whether in whole or in part, transfer to a third party, grant license to use, lend, transfer title to, pledge or create other security interests on the User rights specified in these Terms of Use, including ID etc. Further, Users shall not allow a third party to use their ID etc.
  • 2.If a third party has used a User ID etc., the Company shall owe no responsibility whatsoever for any damage incurred by such User.
  • 3.Users shall owe a duty to compensate for any damage to the Company or to a third party that arises in the case of the preceding paragraph.

14.Business Transfer etc.

  • 1.In the case where the Company transfers its business relating to the Service to a third party, or experiences a corporate split, merger or other reorganization (“Business Transfer”), the Company may transfer to such third party its status under its agreements (including these Terms of Use) between Users and the Company and information provided by Users to the Company during use of the Service.
  • 2.In the case of the preceding paragraph, Users agree in advance to such Business Transfer.

15.Prohibited Matters

  • 1.Users shall not engage in the following conduct when using the Service:
    • (1)Conduct that violates laws and regulations, court rulings, determinations or orders, or administrative measures having legal force;
    • (2)Conduct likely to harm public order or morals;
    • (3)Conduct that infringes on the Company’s or a third party’s Intellectual Property Rights, portrait rights, honor rights, privacy rights, or any other legal or contractual rights;
    • (4)Posts or transmissions of excessively violent expressions, sexually explicit expressions, expressions that lead to discrimination on the basis of race, nationality, beliefs, gender, social status, lineage etc., expressions that incite or promote suicide, self-harm, or drug abuse, or other expressions of an antisocial nature and that cause unpleasantness for others;
    • (5)Impersonation of the Company or a third party or intentional dissemination of false information;
    • (6)Conduct for the purpose of business, promotion, advertisement, solicitation, or other profit-related purpose (excluding conduct permitted by the Company), conduct for the purpose of sexual behavior or obscene behavior, conduct for the purpose of harassing or slandering other Users, and other uses of the Service that differ from the use purpose intended for the Service;
    • (7)Provision of benefits to or other cooperation with anti-social forces;
    • (8)Religious activities or solicitation to a religious organization;
    • (9)Improper collection, disclosure, or provision of another person’s personal information, registered information, use history information etc.;
    • (10)Reverse assembling, reverse compilation, reverse engineering etc. of technology and knowhow used in the Service;
    • (11)Improper operation of the Service using technological means, intentional exploitation of flaws in the Service, unnecessary repetition of the same question or other illegitimate inquiry to or demand of the Company, or other conduct that obstructs or hinders the Company’s provision of the Service or other Users’ use of the Service;
    • (12)Modification or use for commercial purposes of Content on the Service, except in cases where permitted by these Terms of Use;
    • (13)Use of Content on the Service that violates the licenses set forth in these Terms of Use;
    • (14)Conduct that supports or promotes conduct identified in (1) to (13) above; and
    • (15)Other conduct determined by the Company to be inappropriate.
  • 2.The act of a User using the Service to post etc. or transmit to a SNS etc. operated by another company carries the possibility that in addition to the matters of the preceding paragraph, the terms of use of such SNS might also apply, and therefore such User must themselves confirm conduct prohibited under any such applicable terms of use etc. Regarding posting etc. or transmission to an SNS etc. operated by another company, the Company shall owe no liability for compliance with terms of use of etc. of such SNS etc., or for any disputes including disputes regarding accuracy of posted etc. or transmitted particulars, or damage arising therefrom.

16.Suspension of Use

  • 1.If the Company determines that a User has engaged in any of the conduct listed in Section 15.1, the Company may, in accordance with the severity of the conduct, suspend or cancel provision of the Service or support regarding the Service to such User, or may delete such User’s account.
  • 2.In the case where a third party’s Intellectual Property Rights, publicity rights, or other rights have been infringed upon and the Company has received a claim from such third party regarding such infringement, the Company may, in accordance with the particulars, mode, apparentness, and severity of such infringement on rights, delete the User-posted Content constituting such infringing conduct with or without advance notice to such User, whichever is determined most appropriate by the Company.

17.User Warranties and Responsibilities

  • 1.Users warrant to the Company that the Content they post to the Service do not infringe on a third party’s Intellectual Property Rights, portrait rights, or any other rights.
  • 2.Users shall use the Service at their own responsibility, and shall bear all responsibility for the act of using the Service and consequences arising from such use.
  • 3.If the Company finds that a User is using the Service in violation of these Terms of Use, the Company shall take the measures it determines to be necessary and appropriate; provided, however, that the Company shall owe no duty to prevent or correct conduct that violates these Terms of Use.
  • 4.If the Company incurs damage (including attorney fees) as a result of the act of a User using the Service or the consequences arising from such use, such User must immediately compensate for such damage in accordance with the Company’s claim.

18.Disclaimers

  • 1.The Company does not warrant explicitly or implicitly that the Service or Content and data etc. provided in the Service have no actual or legal defects (including flaws relating to safety, credibility, accuracy, completeness, validity, complicity with a specific purpose, security, etc., or errors, bugs, infringement on rights, etc.). The Company owes no duty to Users to provide the Service with such defects removed.
  • 2.The Company owes no duty to store Content posted by Users on the Service.
  • 3.If, with respect to Content provided in the Service, data once downloaded by a User disappears etc., the Company owes no duty to allow such User to download such data again at no charge or to re-grant use rights to such Content again.
  • 4.The Company bears no liability for any damage incurred by a User or a third party resulting from the Service; provided, however, that if an agreement between the Company and Users regarding the Service (including these Terms of Use) is a consumer contract as specified in the Consumer Contract Act, this disclaimer clause will not apply.
  • 5.Even in the case specified in the proviso of the preceding paragraph or in any separate writing, the Company will bear no liability whatsoever for any damage incurred by a User as a result of nonfulfillment of obligation or unlawful conduct resulting from the Company’s negligence (excluding gross negligence) that arises from special circumstances (including cases where the occurrence of damage was or could have been predicted by the Company or the User).
  • 6.The maximum compensation to be paid to a User for damage caused by nonfulfillment of obligation or unlawful conduct resulting from Company’s negligence (excluding gross negligence) shall be 500 yen.
  • 7.The Company shall bear no liability whatsoever to compensate for damage incurred by a User as a result of the Company’s interruption, suspension or cancellation of provision of, unusability of, or modifications to, support for the Service, or as a result of deletion or disappearance of Content posted by a User using the Service, or other damage incurred by a User in relation to the Service.

19.Suspension of the Service for Maintenance Inspections etc.

  • 1.After posting notice in advance in a location on the Service determined appropriate by the Company, the Company may stop or suspend provision of the Service in whole or in part for maintenance inspections etc. for the Service systems etc.
  • 2.Notwithstanding the preceding paragraph, in the case of any of the following items, the Company may stop or suspend provision of the Service in whole or in part with no advance notice to Users:
    • (1)When performing urgent maintenance inspection etc. of the Service systems etc.;
    • (2)When computers, and communication lines etc. relating to Service systems etc. stop because of an accident;
    • (3)When operation of the Service becomes impossible because of earthquake, lightning, fire, wind or water damage, power outage, natural disaster or other force majeure event; or
    • (4)When the Company otherwise determines that stoppage or suspension is necessary.
  • 3.The Company shall bear no liability whatsoever for damage incurred by Users as a result of measures performed pursuant to the preceding two paragraphs.

20.Withdrawal from Membership

  • 1.Users may cancel their User registration for the Service (“Withdraw”) by notifying the Company in the manner specified separately by the Company.
  • 2.Even if a User Withdraws, data and other information transmitted, posted, or registered on the Service by such User shall be kept and used by the Company to the extent necessary for operation of the Service; provided, however, that if such User requests deletion in the manner specified separately by the Company, the Company shall comply with deletion, unless deletion of such information will hinder operation of the Service.
  • 3.If a User who Withdraws has obligations to the Company, the obligations of such User will become immediately due and payable with no warning of any kind.

21.Severability

If any of the clauses of these Terms of Use, or any part thereof, is determined to be invalid or unenforceable because of the Consumer Contract Act or other laws and regulations etc., the remaining clauses of these Terms of Use, and remaining portions of the provisions that have been otherwise determined to be invalid or unenforceable, shall survive and have complete binding force.

22.Communication Method

  • 1.The Company shall communicate to Users regarding the Service by posting notification to appropriate locations on the Service and other methods determined by the Company to be appropriate.
  • 2.Users shall communicate to the Company regarding the Service by transmission of an inquiry form placed at an appropriate location on the Service or by a method designated by the Company.
  • 3.The Company shall use Users’ personal information provided through any communications from Users specified in the preceding paragraph only to the extent necessary for the purpose of responding to the inquiry etc., and shall not use such information for any other purpose.

23.Use Outside of Japan

In the case where Users use the Service outside of Japan, Users represent and warrant to the Company that such use complies with laws, regulations and government ordinances of such use location, and the Company shall bear no liability whatsoever to Users with respect to use outside of Japan unless otherwise specified in these Terms of Use.

24.Governing Law and Jurisdiction

  • 1.The Japanese text is the official text of these Terms of Use.
  • 2.These Terms of Use are governed by the laws of Japan.
  • 3.Depending on the contested amount, the Tokyo District Court or Tokyo Summary Court shall be the exclusive court of first instance for any disputes that result from or relate to these Terms of Use.

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