If company name, trading name, address, and so on of the User is changed, the User shall immediately notify the Provider of this change in writing.
If the User delays payment, the User shall pay delay damages multiplying these Fees by the annual rate of 14.6%, from the following day of the payment due date to the completion day of the Fee concerned, to the Provider.
If an article is sent or received for providing this Service, or if the article concerned is lost or damaged not attributable to any of the party before the article is delivered to the place specified by the User, damages incurred by such loss or damage shall be borne by the Provider and damages after delivery shall be borne by the User.
The User and the Provider shall not be responsible for non-execution or delay in execution of this Service or this Agreement to the other party due to disasters (including earthquakes, tsunamis, floods, typhoons, tornadoes and fires), war, riots, terrorism, strikes, administrative actions, legislative amendments or any reason that is not controlled by the parties of this Agreement.
Regarding this Service, if any dispute on infringement of third party's rights arises between the User and the third party, the Provider shall resolve it at its own responsibility and expense provided that the User gives cooperation for resolution of the dispute according to the request of the Provider or the Provider's contractor. However, this shall not apply to the case attributable to the User such as explanation and instruction by the User, the part based on the information for this Service provided from the User to the Provider, and so on. Where applicable, the User shall resolve it at the responsibility and expense of the User.
The User shall not assign all or part of rights and obligations arising from this Agreement to a third party. However, this does not apply to prior written approval by the Provider.
The governing laws for conclusion, effectiveness and understanding of this Agreement and acquisition/forfeiture of rights are Japanese laws.
The User and the Provider shall discuss items not specified in this Agreement or doubts in interpretation as necessary before determination.
If dispute in relation to this Agreement may arise, the Tokyo District Court shall be the exclusive court of first instance.
Even if any provision in this Agreement is considered ineffective, illegal or unenforceable regardless of the reason, effectiveness, legality and enforceability of the remaining provisions in this Agreement shall not be affected. Provisions which are considered ineffective, illegal or unenforceable shall have effectiveness within the allowable range of the law.
The Provider may revise this Agreement at any time without prior approval of the User. In revision, the Provider shall notify the User of the applicable revisions with an adequate measure considered appropriate by the Provider (including a notice on the Provider's website). If the User uses this Service after the applicable revision is activated, the User is considered to have agreed with the applicable revision and this Agreement after revision shall be applied.
Article 20 Disclaimer
Article 22 Termination of This Agreement
End of document
Appendix Individual Service Terms
The Provider shall provide the following services to the User as "THETA 360.biz" (hereinafter referred to as "This Service").
Using this Software installed in the device, PC, smartphone or tablet specified by the Provider, the Provider shall provide a service that allows the website user of the User to gain access to the spherical image data taken.
* The Provider does not guarantee that this Service and this Software supports all Web browsers, OSes, terminals, and their updates.
Monthly operation rate of this Service is 98.00% or more
* When the service level above is satisfied, the Provider shall not assume any responsibility for correction of faults or damage to the User.
* The operation rate shall be based on the calculation formula specified by the Provider.
* Problems not attributable to the Provider shall be excluded.
The contact for this Service shall be as follows:
|Operating Hours||9:00 to 17:30 (weekdays, Monday to Friday)
10:00 to 17:00 (Saturday, Sunday, and holidays)
* Closed for year end/beginning and building facility maintenance days.
* The Provider shall endeavor to answer questions from the User faithfully, but a definitive answer, and integrity or usefulness of the answer is not guaranteed.
* We are not able to respond to inquiries that are not attributable to the Provider.
End of document