Terms of Service
These Terms set forth the conditions to be applied to the User in the User’s use of the “INTO by Shochiku Reverse Reality KABUKI Performance ‘Shakkyo’” service (the “Service”) provided by Shochiku Co., Ltd. (the “Company”). In using the Service, the User needs to confirm and agree to the contents of these Terms in advance without fail. The User’s act of commencing the use of the Service constitutes the User’s agreement with these Terms.
Article 1. Outline of the Service
1.1 The Service means the service of providing AR (augmented reality) or MR (mixed reality) contents (the “Contents”) in accordance with the conditions set forth in these Terms.
1.2 The territories where the Service is available are limited to Japan, the U.S., the U.K, Canada, France, Italy and Australia.
Article 2. Provision of the Service
2.2 The User needs to use the Service via the dedicated application “INTO by Shochiku ” (the “App”) provided by the Company.
2.3 The User shall prepare devices required to use the Service at his/her responsibility and expense. In order to use the Service, the User needs to connect to electronic communications services or a Wi-Fi network. The communication fees arising from such connection shall be borne by the User.
Article 3. Title Ownership
All of the intellectual property rights, portrait rights, and any other rights relating to the Service, Contents and App shall be owned by the Company or any third party who has granted rights to the Company. Granting the use of the Service in accordance with these Terms shall not mean any assignment or transfer of rights to the User.
Article 4. Prohibited Matters
In using the Service, the User must not engage in any acts falling under any of the following items or any other acts which the Company deems as falling under any of the following items:
(1) Any act of using the Contents for the purpose of commercial, political or religious activities;
(2) Any act of publishing, posting or transmitting expressions which fall under any of the following by using the Contents:
(i) Excessively violent expressions;
(ii) Obscene sexual expressions, and expressions equivalent to child pornography and child abuse;
(iii) Expressions resulting in causing discrimination based on race, nationality, creed, gender, social status or family origin;
(iv) Expressions inducing or encouraging suicide, self-injurious behavior, drug abuse or criminal acts;
(v) Expressions including contents in violation of public order and morals, or anti-social contents; or
(vi) Other than the foregoing, expressions deemed as inappropriate by the Company.
(3) Any act of altering, adapting, compiling, editing, making a database of, or otherwise conducting acts similar thereto, regarding the Contents, the App or the source codes thereof;
(4) Any act of reverse assembly, reverse compiling or reverse engineering of the App;
(5) Any act of transmitting to the public, distributing, assigning, sublicensing or otherwise using all or part of the App, whether with or without compensation;
(6) Any act of violating the Company’s or any third parties’ legitimate rights, such as any property rights, intellectual property rights including copyrights, portrait rights, or publicity rights;
(7) Any act of causing disadvantage or damage to the Company or any third party;
(8) Any act of violating public order and morals, laws or regulations, or these Terms;
(9) Any act of impeding the operation of the Service, or tarnishing or damaging the credibility/reputation of the Service;
(10) Other than the foregoing, any act otherwise deemed as inappropriate by the Company.
Article 5. Suspension of the Service
If any of the following occurs, the Company may suspend all or part of the Service without being required to provide notice to the User, and the Company shall in no way be liable if the User or any third party suffers damage due to such reason.
(1) If the User violates these Terms;
(2) If the Company conducts maintenance or inspection of a computer system to be used for providing the Service on a periodic or emergency basis;
(3) If the operation of the Service becomes impossible due to emergency situations, including but not limited to earthquakes, lightning, storm, flood damage, fire, power outage or natural disaster;
(4) If the operation of the Service becomes impossible due to force majeure, including but not limited to war, civil war, riot, disturbance, or labor dispute;
(5) If the Company cannot provide the Service due to failure in a computer system to be used for providing the Service, unauthorized access by any third party, or infection with a computer virus;
(6) If the Company cannot provide the Service due to any measures taken in accordance with the laws or regulations;
(7) Other than the foregoing, if the Company otherwise deems it necessary.
Article 6. Amendment and Discontinuation of the Service
6.1 The Company may, at any time, amend, add or delete the contents of the Service.
6.2 The Company may, at any time, discontinue the Service at the Company’s discretion.
6.3 If the Company amends or discontinues any important contents or functions relating to the Service, or terminates the Service, the Company shall inform the User to such effect in advance in an appropriate manner, including by way of publishing the same on the Company’s website or on the App.
6.4 The Company shall in no way be liable for any damage caused by the amendment or discontinuation of the Service in accordance with this Article 6.
Article 7. Disclaimer
7.1 THE COMPANY SHALL IN NO WAY BE LIABLE FOR COMPENSATION FOR ANY DAMAGE CAUSED AS A RESULT OF THE UNAVAILABILITY OF THE SERVICE DUE TO ANY DEFECTS, ERRORS, FAILURES, OCCURRING IN THE SERVICE.
7.2 IF AN AGREEMENT ENTERED INTO WITH THE USER IN ACCORDANCE WITH THESE TERMS FALLS UNDER A “CONSUMER CONTRACT” AS DEFINED IN THE CONSUMER CONTRACT ACT OF JAPAN, THE PROVISIONS PURPORTING TO FULLY EXEMPT THE COMPANY FROM ITS LIABILITIES WHICH ARE INCLUDED IN THESE TERMS SHALL NOT APPLY. IF AN AGREEMENT IN ACCORDANCE WITH THESE TERMS FALLS UNDER A CONSUMER CONTRACT, AND THE COMPANY SHALL ASSUME LIABILITY TO PROVIDE COMPENSATORY DAMAGES DUE TO DEFAULT OR TORT, UNLESS SUCH DAMAGES ARE CAUSED BY THE COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, THE COMPANY SHALL ONLY ASSUME LIABILITY TO PROVIDE COMPENSATION UP TO THE LIMIT OF THE DAMAGE DIRECTLY AND ACTUALLY INCURRED BY THE USER, AND THE COMPANY SHALL NOT ASSUME ANY LIABILITY FOR DAMAGE CAUSED BY SPECIAL CIRCUMSTANCES (INCLUDING CASES WHERE THE OCCURRENCE OF SUCH DAMAGE WAS OR COULD HAVE BEEN FORESEEN).
7.3 ALL AND ANY DISPUTES ARISING BETWEEN THE USER AND ANY THIRD PARTY IN RELATION TO THE SERVICE SHALL BE SETTLED BY THE USER AT HIS/HER OWN RESPONSIBILITY.
Article 8. No Warranty
8.1 THE COMPANY PROVIDES NO WARRANTY, EXPLICITLY OR IMPLICITLY, WITH RESPECT TO THE SERVICE, CONTENTS AND APP, THAT: (I) THE SERVICE, CONTENTS AND APP FIT OR IS SUITABLE FOR A PARTICULAR PURPOSES; (II) THE SERVICE, CONTENTS AND APP HAVE EXPECTED FUNCTIONS, COMMERCIAL VALUE, ACCURACY, COMPLETENESS, USEFULNESS; (III) THE USE OF THE SERVICE COMPLIES WITH THE LAWS AND REGULATIONS, AND INTERNAL REGULATIONS ESTABLISHED BY THE INDUSTRY ORGANIZATIONS WHICH ARE APPLICABLE TO THE USER; (IV) THE SERVICE, CONTENTS AND APP WILL CONTINUOUSLY BE ABLE TO BE USED; (V) THE SERVICE, CONTENTS AND APP HAVE NO DEFECTS IN OPERATIONS, FUNCTIONS; OR THAT (VI) THE SERVICE, CONTENTS AND APP HAVE NOT INFRINGED UPON ANY RIGHTS OF ANY THIRD PARTIES.
8.2 THE COMPANY PROVIDES NO WARRANTY, EXPLICITLY OR IMPLICITLY, THAT THE CONTENTS WHICH ARE SCHEDULED TO BE PROVIDED IN THE SERVICE WILL BE PROVIDED, OR THAT THE CONTENTS ARE GUARANTEED TO BE VISIBLE, AUDIBLE AND AVAILABLE FOR INSPECTION.
8.3 THE COMPANY IN NO WAY ASSUMES ANY OBLIGATIONS TO PROVIDE THE USER WITH ANY OTHER SERVICES INCLUDING ANY TECHNICAL SUPPORT, MAINTENANCE, DEBUGGING, UPGRADING, RELATING TO THE APP.
Article 9. Communication and Notice
Any inquiries, or other communications or notices by the User to the Company regarding the Service, and any notices regarding amendments to these Terms, and other communications or notices by the Company to the User, shall be made in a manner designated by the Company.
Article 10. Assignment
10.1 The User shall not, without prior written approval from the Company, assign, transfer to any third party, establish security rights on, or otherwise dispose of, the User’s contractual status with the Company in accordance with these Terms, or any of the rights or obligations in accordance with these Terms.
10.2 If the Company assigns any business relating to the Service to another company, then the Company may, in connection with such business assignment, assign the contractual status with the User in accordance with these Terms, or any of the rights or obligations in accordance with these Terms, to the assignee of such business assignment, and the User shall be deemed to have given its advance agreement to such assignment in accordance with this paragraph. The business assignment set forth in this paragraph shall include normal business assignments as well as company splits, and any cases where there is any business transfer.
Article 11. Severability
If any provision of these Terms or any part thereof is considered to be invalid or unenforceable in accordance with the Consumer Contract Act of Japan or other laws, or regulations, the remaining provisions of these Terms and the remaining part of any provisions held to be partly invalid or unenforceable, shall remain in full force and effect.
Article 12. Amendment
12.1 The Company may amend these Terms at its discretion if:
(1) the amendment to these Terms conforms to the general interests of the User; or
(2) the amendment to these Terms is not in violation of the purpose of execution, and is reasonable in light of the necessity of the amendment, the reasonableness of the amended contents, the contents of the amendment, or other circumstances relating to the amendment.
12.2 In amending these Terms in accordance with the preceding paragraph, the Company shall inform the User in advance to the effect that the Terms will be amended, the contents of the Terms after amendment, and the effective date, by way of publishing the same on the Company’s website, the App or other media similar thereto.
12.3 If the User uses the Service after the effective date of these Terms after amendment, the User shall be deemed to have agreed with the amendment to these Terms. 12.4 Notwithstanding the preceding three (3) paragraphs, in the event of any amendment to these Terms requiring the User’s consent in accordance with the laws and/or regulations, the User’s consent shall be obtained in a manner designated by the Company.
Article 13. Governing Law and Jurisdiction
13.1 These Terms shall be governed by the law of Japan without regard to conflict of laws principles.
13.2 All and any disputes arising out of or in relation to these Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance, depending on the amount in dispute.
【Established on January 15, 2021】