- Effected as of October 1, 2017
- Arque Inc.
A group of routes set for a certain wall surface in climbing
A person who came up with and/or created a Problem
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
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.When a minor uses the Service, the agreement of a parent, guardian or legal agent must be obtained.
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:
- 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.
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.
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.
- (1)3D Models
8. Intellectual Property Rights for Content Posted by Users
- 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.
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.
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.
13.Prohibition on Transfer of Rights
- 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.
- 2.In the case of the preceding paragraph, Users agree in advance to such Business Transfer.
- 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;
- (14)Conduct that supports or promotes conduct identified in (1) to (13) above; and
- (15)Other conduct determined by the Company to be inappropriate.
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.
- 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.
- 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.
- 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.
- 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
24.Governing Law and Jurisdiction