Terms of Use


This Agreement stipulates the terms and conditions for using the services provided by RICOH COMPANY, LTD. ("Ricoh") including the services which provide (a) the information on the 360-degree camera RICOH THETA ("RICOH THETA"), (b) the technical tools such as API and SDK and (c) the Forum as defined in Article 2 ("Service"). The Service can only be available only upon the condition that you accept all of the terms below. Using any part of the Service indicates and constitutes your acceptance of the terms of the Service Agreement as defined in Article 1.

Scope

Article 1

  1. All provisions, supplementary rules, detailed rules, guidelines, privacy policy, special agreements etc. relating to the provision of the Service shown by Ricoh online or by other means ("Various Provisions") are effective along with this Agreement. "Service Agreement" is used as a general term to refer to both this Agreement and the Various Provisions.
  2. If there are any inconsistencies or contradictions between this Agreement and the Various Provisions, this Agreement shall prevail unless otherwise specifically stipulated.
  3. If any provision of the Service Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
  4. Ricoh may revise the terms and conditions of the Service Agreement without any consent of the User as defined in Article 2. Such revised terms and conditions will be announced on the Website as defined in Article 2 with an appropriate advance notice. The User who do not agree upon the revised terms and conditions of the Service Agreement must immediately cease using the Service. Any User using the Service after the change to the terms and conditions of the Service Agreement are considered and deemed to have agreed to the revised terms and conditions of the Service Agreement, and Ricoh will provide the Service according to such revised terms and conditions.

Definitions

Article 2

  1. "User" means any persons using any of the Service, including any persons who get any information on the Website, who use any tools provided by Ricoh such as AIP and SDK or who use the Form as defined below.
  2. "Website" means the website managed by Ricoh with the name "RICOH THETA" with the main purpose of allowing the Users to get the information for development of application software which runs in connection with RICOH THETA.
  3. "Forum" means the forum on the Website where the User and Ricoh may post comments.

Main Purpose of the Service

Article 3

  1. This Service allows the User to get the information for development of application software which runs in connection with RICOH THETA.
  2. Ricoh may specify required communication devices, hardware, Internet connection environment and other restrictions for using the Service ("System Conditions"). Notwithstanding the foregoing, Ricoh does not guarantee that the System Conditions will enable the User to use the Service without any problems. The User shall, at its own cost and expense, prepare those stipulated in the System Conditions by themselves and confirm its suitability.

Use of the Service

Article 4

  1. The User may be required to obtain its own account for the Internet services specified by Ricoh ("Specified Internet Service") in order to use the Service in whole or in part.
  2. If the User performs authentication using an account of a Specified Internet Service according to the previous provision, Ricoh may acquire the User's personal information, including without limitation, name and email address ("Personal Information") from the provider of the Specified Internet Service. The User's Personal Information acquired by Ricoh will be strictly treated according to applicable laws and regulations and the "Privacy Policy" separately stipulated by Ricoh.
  3. In the United States, the Service shall not be used by persons under 13 years of age.
  4. Ricoh may display advertisements for third parties on the Website or the Software (as defined in Article 10). Any transactions entered into between the User and an advertiser based on these advertisements are between the User and the advertiser, and Ricoh undertakes no responsibility for any losses incurred by the User as a result of such transaction.

Forum

Article 5

The User of the Forum agrees (a) to assign and transfer to Ricoh, without any restriction and compensation, any right, title and interest in and to the User's comment posted on the Forum, including without limitation, copyright, upon posting such comment and (b) not to exercise any of moral right in connection with such User's comment. Ricoh may, without restriction and payment to the User, use, delete, modify, reproduce and/or publish the User's comment and develop any application software or service based on User's comment.


Suspension, Changes to or Termination of the Service

Article 6

  1. The Service may be temporarily interrupted for reasons in the following categories:
    1. Cases in which interruption is unavoidable for maintenance or work on equipment.
    2. Cases in which unavoidable impediments to equipment occur through no fault of Ricoh.
    3. Natural disasters, terrestrial disasters and other emergency situations.
    4. Suspension of the login method or other parts of the Service provided by a third party (referring to the parts stipulated in Article 9).
    5. Other cases in which Ricoh deems interruption necessary or unavoidable for the operation of the Service or for technical purposes.
  2. Ricoh may terminate part or all of the Service at the sole discretion of Ricoh. In this case, this will be announced on the Website in advance.

Prohibitions

Article 7

  1. The User, when using the Service, shall not:
    1. Infringe any party's intellectual property rights and any other rights, including without limitation, patent, copyrights, trademark rights, rights of publicity and privacy, portrait rights, trade secrets;
    2. Infringe any party's other rights, including without limitation, property rights;
    3. Defame or breach the trust of or violate the privacy of any party;
    4. Cause tangible or intangible detriment or damages to any party.
    5. Act against public order and decency.
    6. Commit crime or actions connected to criminal acts or that encourage crime.
    7. Use or provide harmful programs, including without limitation, computer viruses.
    8. Analyze or modify the security technology or software used by the Service.
    9. Use false information when using the Service.
    10. Make any misrepresentation which states, express or implied, that Ricoh is the developer, right holder or provider of the application software and its related services developed or provided by the User.
    11. Violate any of the laws and regulations of Japan or any other country or region, or act which cause a nuisance to other Users or Ricoh.
  2. Ricoh does not undertake the responsibility of checking whether Users' use of the Service fits the above categories.

Suspension of the Service by Ricoh

Article 8

Ricoh may suspend all or part of the Service in the event of;

  1. The User's violation of the Service Agreement; or
  2. Suspension or termination of the login method or other systems provided by third parties as part of the Service (under Article 9) through the fault of the User.

Outsource

Article 9

  1. Ricoh may subcontract or outsource the Service in whole or in part to a third party. Ricoh may disclose the User's Personal Information to such third party, provided, however, that Ricoh shall cause such third party to treat the User's Personal Information in accordance with the Privacy Policy.
  2. Ricoh may use a login system and other systems provided by third parties as part of the Service. In such case, the terms and conditions for such login system or other systems shall be subject to a contract or terms of use between the third party and the User. Ricoh undertakes no responsibility relating to the User's use of such login system or other systems.
  3. You acknowledge that the links to third party's website or materials may be posted on the Service. Ricoh undertakes no responsibility relating to the User's use of such linked website or materials.

Use of Software

Article 10

Ricoh may provide software program, including without limitation, API and SDK, as part of the Service ("Software"). In the event that the User uses the Software, the User shall comply with the terms of use for the Software separately specified by Ricoh.


Warranty and Indemnification

Article 11

  1. RICOH DO NOT PROMISE THAT THE SERVICE, ANY SOFTWARE (INCLUDING ITS FUNCTIONALITY OR FEATURES), OR ANY INFORMATION THAT YOU RECEIVE FROM RICOH WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE, THE SOFTWARE OR ANY INFORMATION IS AT YOUR SOLE RISK AND THAT THE SERVICE, THE SOFTWARE OR ANY INFORMATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND FROM RICOH. RICOH FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES, DUTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, DUTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENTIN CONNECTION WITH THE SERVICE, THE SOFTWARE OR INFORMATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY RICOH, ITS SUBSIDIARIES AND AFFILIATES OR A RICOH AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY, DUTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY, DUTY AND CONDITION.
  2. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Ricoh, its subsidiaries, affiliates and their respective directors, officers, employees and agents (“Indemnified Party(s)”) from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys' and experts' fees and settlement costs) arising out of or accruing from (a) your use or misuse of the Service, (b) any application software you design or develop using the Service or Software or any pictures or contents obtained through such application software that actually or allegedly infringes or misappropriates any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you with the Service Agreement or any law, rule or regulation. You and your counsel will cooperate as fully as reasonably required by the Indemnified Party(s) in defense or settlement of any claim. Ricoh and/or Indemnified Party(s) reserve the right, at its own expense, to assume the exclusive defense or settlement, and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to any judgment, settlement, attachment, or lien, or any other act adverse to the interest of any Indemnified Party without the prior written consent of Ricoh and/or Indemnified Party(s).

Copyright and other rights

Article 12

  1. The Website, the Software, any materials, any technical information and other works in relation to the Service (collectively, "Works") are intellectual property of Ricoh or third parties, and are protected by the copyright laws and/or other laws and regulations of each country. Unless otherwise specified by Ricoh, the Works may not be copied, modified, uploaded, posted, publicly transmitted, transferred, distributed, licensed, sold, published or used without prior permission from Ricoh or the third party.
  2. Nothing in this License Agreement grants you a right to use any of Ricoh's trademark, service mark, company logo, trade name, domain names, or other distinctive brand features.
  3. Except as specifically provided by Ricoh, nothing contained herein shall be construed as granting, to the User any licenses, rights of any present or future patents, patent applications, utility models, trademarks, designs, copyright, know-how, trade secret or other industrial or intellectual property rights.

Governing Laws and Arbitration

Article 13

The Service Agreement shall be governed by, construed and enforced in accordance with the laws of Japan, without regard to the principles of conflict of law thereof. All disputes, out of or in relation to or in connection with the Service Agreement shall be finally settled by arbitration in Tokyo, Japan, in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association. You agree that any violation of or non-compliance with any term or condition the Service Agreement by you will constitute an unlawful and unfair business practice, and will cause irreparable harm to Ricoh, its affiliates or third party licensors for which monetary damages would be inadequate, and you consent to Ricoh obtaining any injunctive or equitable relief that Ricoh deems necessary or appropriate in such circumstances.


Support

Article 14

In no event shall Ricoh be obligated to provide any support services, including without limitation, any services to answer any inquiries form the User or any entity.


Disclaimer

Article 15

  1. Ricoh does not undertake any responsibility for any damages to the User caused by interruptions, suspensions, changes to or termination of the Service.
  2. In the event that any dispute occurs between the Users or between the User and a third party (including negotiations, claims, problems and legal action), Ricoh undertakes no responsibility to resolve the dispute or for any damages in connection therewith.
  3. Ricoh will not be liable for any failure of or delay in the provision of the Service for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders, cyber-terrorism, or any other force majeure event.

Established and enforced November 2014


This Agreement stipulates the basic terms for using the services provided by Ricoh Company, Limited (hereinafter "this Company") under the name "RICOH THETA" and the Individual Functions defined in Article 2 (hereinafter "this Service"). This Service can only be used after confirming and agreeing to the terms below. Any customers using this Service are considered to have agreed to all of the provisions in this Service Agreement as defined in Article 1.

Scope of and Changes to This Agreement

Article 1

  1. All provisions, supplementary rules, detailed rules, guidelines, special agreements etc. relating to the provision of this Service shown by this Company online or by other means (hereinafter "various provisions") are effective along with this Agreement. "The Service Agreement" is used as a general term to refer to both this Agreement and the various provisions.
  2. If there are any inconsistencies or contradictions between this Agreement and the various provisions, this Agreement shall take precedence unless specifically stipulated otherwise.
  3. Even if there is a flaw in part of the Service Agreement, the other sections of this Agreement and the various provisions shall remain effective.
  4. This Company may change the Service Agreement without the consent of the Customer. In such a case, this will be announced on the website stipulated in the next article with an appropriate amount of advance notice. Customers who do not agree to the change to the Service Agreement must cease using this Service. Customers using this Service after the change to the Service Agreement are considered to have agreed to the new version of the Service Agreement, and this Company will provide this Service according to the new version of the Service Agreement.

Definitions

Article 2

  1. "User" refers to persons using this Service. It includes posters of photos and videos (collectively, "photos, etc."), viewers who view photos, etc., commenters who post comments on photos, etc., and raters who enter ratings on photos, etc.
  2. "This Website" refers to the website managed by this Company with the name "RICOH THETA" with the main purpose of allowing Users to share their own photos, etc. that they have taken.
  3. "Content" refers to photos, etc. posted by Users, comments posted to photos, etc., and ratings posted to either of these.
  4. "Individual Functions" refers to specific functions provided to the User according to the Service Agreement as part of this Service, such as the use of this Software (referring to the software stipulated in Article 10) and sale of products. Refer to this Website for details on the Individual Functions.

Functions and Restrictions of This Service

Article 3

  1. This Service allows the User to upload their own Content to a server managed by this Company via the Internet, and to share this Content with other persons on this Website (post photos, etc., or comments to photos, etc., enter ratings of photos, etc., and view all of these).
  2. This Company may specify required communication devices, hardware, Internet connection environment and other restrictions for using this Service (hereinafter "the System Conditions"). However, this Company does not guarantee that the specifications of the System Conditions made by this Company according to this article will allow use of this Service without problems. The User must prepare the equipment stipulated in the System Conditions by themselves and confirm its suitability. The User bears all costs required to meet the System Conditions, such as communication costs.

Use of this Service

Article 4

  1. This Service can be used for personal purposes only. Use for commercial purposes, use for advertising, posting, provision of information, etc. for commercial business, and other uses that this Company judges to be commercial purposes are not permitted.
  2. Registration is not required to use this Service. However, the user must have their own account with one of the Internet services specified by this Company (hereinafter "Specified Internet Service") in order to post Content using this Service.
  3. If the User performs authentication using an account with a Specified Internet Service according the previous provision, this Company may acquire personal information belonging to the User, such as their name or email address (hereinafter "Personal Information") from the provider of the Specified Internet Service. Personal Information belonging to the User that is acquired by this Company will be strictly managed according to laws and regulations and the separate "'RICOH THETA' Privacy Policy" stipulated by this Company.
  4. In the United States, this Service cannot be used by persons under 13 years of age.
  5. This Company may display advertisements for third parties on this Website or this Software (referring to the software stipulated in Article 10). Any transactions etc. entered into between the User and an advertiser based on these advertisements are between the User and the advertiser, and this Company accepts no responsibility for any losses incurred by the User as a result of the transaction, etc.

Rights and Management of Content

Article 5

  1. All rights to Content belong to the user who posted the Content or to the right holder who gave the user permission to use the Content. By posting Content, the User gives this Company usage rights to the Content, including permission to copy, process, modify, display and/or send the Content, and may not exercise moral rights of the author against this company for processing, modification, etc. of the Content.
  2. By posting Content, the User gives consent for the Content to be displayed publicly.
  3. Posting, deletion, backup, maintenance, management and sharing of the Content is the responsibility of the User. This Company will not monitor or manage posted photos, etc. or comments, and will not participate in exchanges between Users.
  4. If the User commits actions such as those which infringe upon the rights of a third party or is in violation of a law or regulation during use of this Service, this is the responsibility of the User, and this Company accepts no responsibility. Required permissions for Content posted by the User (such as usage permission from copyright holders or posting permission from portrait right holders) shall be acquired by the User.
  5. If the User discovers copyright violations etc. of content that they have posted, the User shall report this to this Company and attach the required information and evidence, such as the fact that they are the rightful copyright holder and their reasons for believing that copyright etc. has been violated. If it is deemed that the copyright etc. of the Content has been violated according to the report, this Company can delete the Content. The following emails addresses are used for reporting to this Company.

    csd.support@ricoh-imaging.co.jp

  6. This Company exercises all due care of a good manager to prevent damage, loss or alteration of posted Content, infection by computer viruses, etc. (hereinafter "Damages, etc.") when providing this Service. However, this does not guarantee total prevention of Damages, etc.

Suspension, Changes to or Termination of This Service

Article 6

  1. While this Company will exercise all due care of a good manager in an effort to continue provision of this Service, provision of this Service may be temporarily interrupted for reasons in the following categories:
    1. Cases in which interruption is unavoidable for maintenance or work on equipment.
    2. Cases in which unavoidable impediments to equipment occur through no fault of this Company.
    3. Natural disasters, terrestrial disasters and other emergency situations.
    4. Suspension of the login method or other parts of this Service provided by a third party (referring to the parts stipulated in Article 9).
    5. Other cases in which this Company deems interruption necessary for the operation of this Service or for technical purposes.
  2. This Company may terminate part or all of this Service or Individual Functions at the discretion of this Company. In this case, this will be announced on this Website in advance.

Prohibitions

Article 7

  1. The User must not commit actions in any of the following categories when using this Service:
    1. Actions that violate copyrights of other parties, intellectual property rights such as trademark rights, portrait rights, trade secrets, etc.
    2. Actions that violate property rights of other parties.
    3. Actions that defame, breach the trust of or violate the privacy of another party.
    4. Actions that cause tangible or intangible detriment or damages to another party.
    5. Actions that are against public order and decency.
    6. Criminal acts, actions connected to criminal acts, or actions that encourage crime.
    7. Use or provision of harmful programs, such as computer viruses.
    8. Actions such as analysis or modification of the security technology or software used by this Service.
    9. Using false information when using this Service.
    10. Other actions that violate the laws, regulations etc. of Japan or the country or region in which the User resides, or which cause a nuisance to other Users or this Company.
  2. This Company does not accept the responsibility of checking whether Users' use of this Service fits the above categories.

Suspension of Service Provision by This Company

Article 8

This company can suspend all or part of this Service if the User fits any of the following categories.

  1. In the event of a violation of the Service Agreement.
  2. In the event of suspension or termination of the login method or other systems etc. provided by third parties as part of this Service (referring to the parts stipulated in Article 9) through the fault of the User.

Collaboration with Third Parties

Article 9

  1. This Company may subcontract or outsource part of this Service to a third party specified by this Company in order to provide this Service. If this requires Personal Information belonging to the User to be disclosed to the subcontractor or outsourcing contractor, this Company will allow the subcontractor or outsourcing contractor to manage the Personal Information according to the Privacy Policy.
  2. This Company may use a login method and other systems etc. provided by third parties as part of this Service when providing this Service. In this case, the usage conditions of these systems etc. provided by third parties may be determined by a contract or terms of use between the third party and the User. This Company accepts no responsibility relating to the User's use of the system provided by a third party.
  3. Links to the third party's website or materials may be posted on this Service. This Company accepts no responsibility relating to the User's use of the linked website or materials.

Use of Software

Article 10

Part of this Service includes Individual Functions provided using software provided separately by this Company (hereinafter "this Software"). The User shall follow terms of use stipulated separately by this Company when using this Software as applicable.


Copyrights and Other Rights

Article 11

  1. This Website, this Software, service materials, technical information and other works that can be used in relation to this Service (hereinafter "this Company's Works") are intellectual property of this Company or third parties who have given permission to this Company, and are protected by the copyright laws and/or other laws and regulations of each country. All or part of these works may not be copied, modified, uploaded, posted, publicly transmitted, transferred, distributed, licensed, sold, published or used by any other method without permission from this Company or the third party holding the rights.
  2. "RICOH", "Ricoh", "RICOH THETA", other names used in the provision of this Service and names of this Company's products displayed on this Company's Works are trademarks or registered trademarks of this Company, and may not be used without permission from this Company. Additionally, trademarks, service marks and logos displayed in relation to this Service may be registered trademarks or trademarks of a third party other than this Company.
  3. Use of this Company's Works does not mean that this Company or a third party has transferred or licensed rights such as patent rights, trademark rights or copyrights except when explicit permission has been given by this Company.

Governing Laws and Jurisdictional Court

Article 12

The governing laws of the Service Agreement, including this Agreement, are the laws of Japan. Additionally, the Tokyo District Court or Tokyo Summary Court is the primary exclusive agreement jurisdictional court for applying and interpreting the Service Agreement including this Agreement, and for all disputes relating to the use of this Service. Which court is used depends on the amount of money sought.


Language

Article 13

Inquiries relating to this Service can only be made in Japanese, English, German and French. This Company cannot respond to inquiries in any other language.


Disclaimer

Article 14

  1. This Company does not make any guarantees for this Service except for those explicitly stipulated in its various provisions.
  2. This Service is affected by the User's hardware, network environment, etc., and is dependent on the User's communication equipment, communication line, etc. This Company does not guarantee faultlessness or availability of this Service.
  3. This Company does not accept responsibility for any damages to the User caused by interruptions, suspensions, changes to or termination of this Service according to the Service Agreement.
  4. This Company does not accept responsibility for any damages occurring as a result of deletion, access restrictions, viewing or third-party disclosure of Content according to the Service Agreement.
  5. This Company does not accept responsibility for any damages occurring as a result of damage etc. to posted Content that occurs for reasons that are not the fault of this Company.
  6. If a dispute occurs between Users or between the User and a third party (including negotiations, claims, problems and legal action), this Company accepts no responsibility to resolve the dispute or for any damages that occur.
  7. This Company does not accept responsibility for any damages that occur as a result of non-sending or delay of emails occurring as a result of circumstances such as system failures or disconnection of communication equipment that are not the fault of this Company.
  8. This Company does not accept responsibility in the event that it is unable to provide all or part of this Service for reasons that are not the fault of this Company, including natural and terrestrial disasters, measures ordered by public authorities, strikes and cyber-terrorism.

Established and implemented: September 2013
Revised: January 2016
Revised: March 2016


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