Last Updated: June, 2018
This Agreement stipulates the terms and conditions of the User (as defined in Article 2) providing 360-degree camera RICOH THETA (“RICOH THETA”) plug-in applications on the RICOH THETA PLUG-IN application-site (“Service”), the application-site provided by RICOH COMPANY, LTD (“Ricoh”).
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.
1.2 If there are any inconsistencies or contradictions between this Agreement and the Various Provisions, this Agreement shall prevail unless otherwise specifically stipulated.
1.3 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.
1.4 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 App-site 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.
2.1 “User” means any person providing RICOH THETA plug-in applications on the RICOH THETA PLUG-IN application-site.
2.2 “App” means a RICOH THETA plug-in application made by User, using Ricoh’s THETA plug-in API and SDK provided separately from Ricoh.
2.3 “App-site” means an application site managed by Ricoh, mainly used for sharing and/or selling Apps developed to operate the RICOH THETA.
2.4 “Purchaser” means any person whom downloads an App from the App-site, regardless of whether compensation has been paid.
3.1 This Service allows the User to sell on Ricoh’s application site, with or with out consideration, apps which the user has developed. Ricoh’s THETA plug-in API and SDK for developing the Apps are available at : https://api.ricoh/docs/theta-plugin/
3.2 Ricoh may specify required 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.
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.
4.3 In the United States, the Service shall not be used by persons under 13 years of age.
4.4 Ricoh may display advertisements for third parties on the App-site. 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.
5.1 The Service may be temporarily interrupted for reasons in the following categories:
(a) Cases in which interruption is unavoidable for maintenance or work on equipment.
(b) Cases in which unavoidable impediments to equipment occur through no fault of Ricoh.
(c) Natural disasters, terrestrial disasters and other emergency situations.
(d) Suspension of the login method or other parts of the Service provided by a third party (referring to the parts stipulated in Article 9).
(e) Other cases in which Ricoh deems interruption necessary or unavoidable for the operation of the Service or for technical purposes.
5.2 Ricoh may terminate part or all of the Service at the sole discretion of Ricoh. In this case, this will be announced on the App-site in advance.
6.1 The User, when using the Service, shall not:
(a) 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;
(b) Infringe any party’s other rights, including without limitation, property rights;
(c) Defame or breach the trust of or violate the privacy of any party;
(d) Cause tangible or intangible detriment or damages to any party.
(e) Act against public order and decency.
(f) Commit crime or actions connected to criminal acts or that encourage crime.
(g) Use or provide harmful programs, including without limitation, computer viruses.
(h) Analyze or modify the security technology or software used by the Service.
(i) Use false information when using the Service.
(j) 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.
(k) 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.
6.2 Ricoh does not undertake the responsibility of checking whether Users’ use of the Service fits the above categories.
Ricoh may suspend all or part of the Service in the event of;
(a) The User’s violation of the Service Agreement; or
(b) Suspension or termination of the login method or other systems provided by third parties as part of the Service (under Article 8) through the fault of the User.
8.3 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.
9.1 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.
9.2 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).
10.1 The App-site, 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.
10.2 Nothing in this 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.
10.3 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.
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.
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.
13.1 Ricoh does not undertake any responsibility for any damages to the User caused by interruptions, suspensions, changes to or termination of the Service.
13.2 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.
13.3 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.