1. These Terms and Conditions for Use of CATEYE Atlas (hereinafter referred to merely as "these Terms") shall apply to CATEYE CO., LTD. (hereinafter referred to as "the Company") and you as the user of CATEYE Atlas (hereinafter referred to merely as "the User") in connection with the use of CATEYE Atlas (hereinafter referred to as "this Service").
2. Any matter not specifically provided in these Terms shall be governed by the relevant guidelines or provisions which shall separately be laid down by the Company.
Article 2 (Registration of Use of CATEYE Atlas)
1. In case there exists any unknown or disagreed portion in these Terms, neither shall the User be allowed to use this Service, nor shall he/she be allowed to make registration in respect of the use of this Service.
2. The User shall, after indicating that he/she agrees to these Terms, effect registration of use of this Service in accordance with the prescribed procedures, provided, however, that in case the User falls under any of the following, the Company may make no such registration of use, or cancel such registration of use once effected:
(1) In case the applicant makes any false notification of any relevant fact;
(2) In case the applicant or the payer threatens to fail to pay royalties for use of any royalty-charging portion of this Service;
(3) In case the applicant were in the past subjected to the disposition by the Company of canceling his/her registration of use for any reason attributable to him/her in connection with any agreement with the Company;
(4) In case there exists any cause which may act as a hindrance to the performance of any of the Company's business, or as any other technical hindrance; or
(5) In case there occurs on the part of the User any other event which the Company deems inappropriate.
3. The User shall not again make any registration relating to the use of this Service, if and when he/she has once in the past effected such registration.
Article 3 (Management of Account)
1. The Company shall grant to the User who has already effected the registration of use of this Service the right to access or otherwise use this Service as required for the use of this Service (hereinafter referred to as "the account").
2. Any relevant password shall previously be fixed, if and when any such account is utilized. The User shall not utilize such account beyond the scope of utilization thereof as provided in these Terms. The User shall be obligated to store such password safely.
3. The password shall not be of such composition as may easily be guessed, The User shall be liable for any damage or loss caused by any inadequate management or negligent use of such password or any act to allow any third party to use such password or other inappropriate use of such password on his/her part, provided, however, that the Company shall not be liable for any such damage or loss.
4. The User shall in no event perform any act which leads to, or threatens to lead to, any illegal utilization of the relevant account, including any case of allowing any third party to utilize such account.
5. The User shall, if and when he/she forgets, divulges, or discloses to the public his/her password, or if and when he/she otherwise becomes aware of any case in which any third party is allowed to utilize any relevant account, not only promptly notify the Company thereof, but also act in accordance with any instruction as given by the Company.
6. Any one account shall in no event be utilized by a plural number of users.
Article 4 (Matters to be Attended to in Using this Service)
The User shall be allowed to use this Service, only if and when he/she confirms and agrees to each of the following:
(1) The User shall assume responsibility for any and all information which he/she personally registers, or publishes;
(2) The User shall understand and agree that any information furnished through this Service is sometimes published by any third party other than the Company, and that the contents of such information are not guaranteed in respect of whether they are true or not, or whether they are accurate or not;
(3) The User shall understand and agree that the Company makes efforts to secure that no information furnished by this Service shall include in it any inappropriate or illegal one, and that the Company shall not be obligated to comprehensively search for, or eliminate any such inappropriate or illegal information, and further that there may exist any such information as may cause the User to have any unpleasant or hateful feeling;
(4) The Company makes efforts to secure that no software or data furnished through this Service are affected by any other malicious software, such as computer viruses, provided, however, that since some software or data are undeniably affected by the route through which such software or data are furnished, the User shall personally conduct necessary anti-virus inspections in using any such software or data.
(5) This Service is delivered in principle in the shape and condition in which it exists at the time of conducting such delivery. Although there exists the possibility of any functional expansion or addition being made, no guaranty shall be made in respect of the contents and time of such expansion or addition.
(6) Access to the internet is required for the use of this Service, for which the User shall on his/her own responsibility and at his/her own expense make any and all preparations in respect of installation and operation of equipment, software, communication means and similar others as required for use of this Service. The Company shall play no part in such preparations, methods and other similar matters as required for such access to the internet.
(7) The Company in some cases helps its users at large in using this Service or any of the Company's products by answering to various questions as asked by them while it provides them with this Service or any such product, provided, however, that the Company does not individually provide each such user with any special assistance beyond the prescribed scope of such assistance. The Company shall assume no responsibility for any individual case which may sometimes occur, such as an inappropriate use or operation of this Service or any of the Company's products.
(8) The User may post his/her own personal information on this Service, which, however, is not recommended by the Company. In this case, however, the User shall on his/her own responsibility make judgment as to whether it is appropriate or not to make such post on this Service in due consideration of the probability of his/her such posted information being misused. The User may be deemed to understand and agree that there exists such risk in such post, when he/she makes such post.
(9) This Service is operated for the purpose of including in this Service any data and/or other related information as obtained out of, or in connection with any result of use of any of the Company's products. The User shall not be allowed to use this Service for any purpose other than the purpose as contemplated by this Service itself.
(10) This Service shall not be operated for the purpose of making a continuous preservation or storage of information. Neither shall the Company assume any responsibility for the maintenance or management of such information as is included by the User in this Service, and the User shall, therefore, on his/her own responsibility continuously maintain or manage any of his/her included information, even if and after he/she effects such inclusion.
(11) This Service has a built-in function for sending any information to any third party by electronic mail, and therefore the User shall, in case he/she sends any information by electronic mail through the use of such function, send such information under his/her own name, avoiding any outside appearance as if such information were sent by the Company or this Service. In sending information by electronic mail, the User shall observe the relevant provisions of the Specific Commercial Transaction Law, the Specific Electronic Mail Law and other applicable laws, ordinances and regulations pertaining to electronic mail.
(12) This Service may at any time during the effective period of these Terms be shifted to any other royalty-charging service. The extent of such shift to any other royalty-charging service is made are not fixed as yet at present. The User shall not be obligated to continuously use any royalty-charging service and pay expenses or considerations as required for use thereof, even if and after this Service is shifted to such royalty-charging service, except when he/she indicates to the Company his/her intention to use such royalty-charging service, provided, however, that in case any royalty-charging portion of this Service is not continuously used, any information included in such portion of this Service may accordingly be eliminated, or this Service may be made accordingly unavailable to certain extent.
(13) This Service is equipped with any function to work with any other specific service which is operated by any third party other than the Company, such as YouTube, Twitter and Facebook. The service item offered for use by this Service is limited to the sending of information to any tied-up party, and how any information is handled after it is sent by this Service shall be determined, depending upon the contents, policies, rules and standards of the service of any such tied-up party. Even if and when any tied-up party's activities are not performed appropriately due to any restriction to such tied-up party's activities, any inappropriate connecting specifications between this Service and such tied-up party's service or any other trouble with the route of communication, the Company shall assume no responsibility for any such inappropriate activities or similar others. In case any tied-up party's service is used through the use of any built-in tied-up function of this Service, the relevant regulations or agreements for the use of such tied-up service shall strictly be observed by the User.
(14) In this Service there shall be kept records of information relating to the date and hour of perusal, pages perused and connected IP (Internet Protocol) address of, or by the Use as occasion demands. Any such information which is connected with any specific individual shall be handled as personal information.
Article 5 (Modification of these Terms)
1. The contents of these Terms may be modified as occasion demands.
2. Any modification of these Terms shall become effective as of the day to come in fourteen (14) days after a notice of such modification is posted on this Service, or after a notice of such modification is otherwise given. The User shall, if and when he/she does not agree to such modification, notify the Company thereof not later than the last day of the above-mentioned fourteen-day period, and the registration of use of this Service shall be deemed to have been canceled as of the day such notice is given.
Article 6 (No Assignment or Transfer of Rights under these Terms)
The User shall not assign or transfer to any third party the whole or part of his/her right to use this Service without the Company's prior written approval.
Article 7 (Notices)
1. Any notice which shall be given by the Company to the User hereunder shall be given by mail, or by inclusion in this Service.
2. Any notice given by the Company to the User shall be deemed to have been served on the day on which such notice is posted, in case it is sent by mail, or on the day to come in seven (7) days after the day on which such notice is included in the home page, in case such notice is so given in the home page.
Article 8 (Forbidden Matters)
In case the User performs any act which falls under any of the following for whatever reason, not only may the registration of use of this Service as effected under his/her name be canceled, but also may the compensation for any damage or loss as caused by such act be demanded in proportion to the degree of failure in the performance of these Terms:
(1) Any act to prevent the operation of this Service;
(2) Any act to violate any provision of these Terms;
(3) Any act to make any false statement as to any registered information;
(4) Any act contrary to public policy or good morals;
(5) Any act which is linked to, or threatens to be linked to any criminal act;
(6) Any act which violates, or threatens to violate, any law or any other regulation;
(7) Any act which defames, or injures the reputation of any other user, any third party or the Company;
(8) Any act to publish any picture, image, photograph or document which falls under any adult, indecent or obscene work, including any child pornography, no matter whether such work is mosaic, obscure, or otherwise artistic or not;
(9) Any act which threatens to fall under any child abuse;
(10) Any act which is intended to meet any strange person of the opposite sex;
(11) Any act which threatens to adversely affect the mind and body of any underage person;
(12) Any act to post any information which is deemed, or threatens to be deemed, to be harmful to any person under age;
(13) Any act to assist, or otherwise encourage juveniles to run away from home;
(14) Any act to encourage any illegal betting or gambling;
(15) Any act to encourage any person to commit suicide;
(16) Any act to publish any picture, image, photograph or document which may cause any person to have a hateful feeling due to any dead body, filthy thing, sick or injured part of person or other grotesque article included therein, or for any other reason, no matter whether such work is mosaic, obscure, or otherwise artistic or not;
(17) Any act to induce any person to any one-click fraud site;
(18) Any act identical to, or similar to any act for medical treatment;
(19) Any act to open a Ponzi Scheme (usually referred to as 'nezumi-ko (rat-club)' in Japan), or invite as many persons as possible to such scheme;
(20) Any act which is, or threatens to be, in conflict with the Public Office Election Law or any other similar act;
(21) Any act to use this Service for the purpose of conducting any political or religious activities;
(22) Any act to use this Service for the purpose of performing commercial activities (including any act to induce, motivate, or encourage people to offer for sale or use any product or service by making advertisements or otherwise;
(23) Any act to publish any third party's personal or privacy-related information;
(24) Any act to perform any act under any false name, including the name of the Company, any other user or any third party, or under the disguise of any third party;
(25) Any act to infringe, or otherwise injure any intellectual property right, portrait right or privacy or other right or any property, honor or reputation which the Company, any other user or any third party is entitled to;
(26) Any act which may cause the Company, any other user or any third party to have any trouble or any unpleasant feeling;
(27) Any act which is intentionally performed for the purpose of collecting any information as to any other user:
(28) Any act to haunt any person or article as often observed in actual life or on the internet;
(29) Any act to make an illegal access to the Company's server or other computer;
(30) Any act to send any harmful sentence, data, mail or computer program to the Company, any other user or any third party;
(31) Any act to use or notify any other user of the existence of any computer bug or other similar factor;
(32) Any of SPAM acts (including any act to write news, key words, URL publications, message transmissions and friend applications having no direct relation with any act to use this Service for the purpose of performing any act to obstruct any advertisement-, publicity- or operation-related activities or other similar activities;
(33) Any act to make friend applications indiscriminately;
(34) Any act to impose any remarkable burden on any server or network;
(35) Any act to accelerate, or encourage each action as mentioned above;
(36) Any act to include any link or address in the site where any forbidden matter under this Article is performed; or
(37) Any other act which the Company deems inappropriate
Article 9 (Notification of Changes)
In case there arise a change or changes in the contents of his/her registration of use of this Service, the User shall promptly go through the prescribed procedures to effect such change or changes in accordance with the method as laid down by the Company.
Article 10 (Cancellation of Registration of Use)
The User may, if and when he/she desires to eliminate his/her account, cancel his/her registration of use in accordance with the method as laid down by the Company.
Article 11 (Compensation to the Company)
1. The User shall, if and when he/she causes any damage or loss to the Company due to his/her failure to discharge any duty hereunder, be obligated to fully compensate the Company for such damage or loss.
2. The User shall at his/her own expense and on his/her own responsibility settle any and all claims or demands which he/she may cause out of, or in connection with his/her failure to observe these Terms, or his/her infringement upon any third party's right.
3. Any and all of such expenses or damages as are payable by the Company (including attorneys' fees payable by the Company) in connection with any measure which the Company may take to cope with any of such claims or demands under the preceding Sub-Article shall be borne by the User.
Article 12 (Immediate Termination)
In case the User falls under any of the following, the Company may forthwith temporarily suspend the offering of this Service for use, or likewise cancel the registration of use thereof without giving any notice to the User:
(1) In case any bill or check as drawn personally by the User is dishonored, or subjected to any disposition for suspension of payment;
(2) In case the User is subjected to any disposition, such as attachment, provisional attachment, provisional disposition or disposition for failure to pay taxes;
In case a petition for commencement of the procedure for bankruptcy, corporate rehabilitation. special liquidation, corporate reorganization and rehabilitation, specific mediation or other insolvency is filed against, or by the User;
(4) In case it is found that the User falls under any forbidden case as specified in these Terms;
(5) In case the User falls under any case which the Company deems inappropriate, and for which the Company deems that the User is responsible;
(6) In case the Company deems it difficult for the User to operate, manage, and otherwise maintain his/her business hereunder; or
(7) In the case that the User otherwise fails to discharge any of his/her obligations hereunder, and that he/she fails to cure such failure not later than the time limit as designated by the Company in its notice demanding such cure.
Article 13 (Suspension of Use of Account etc.)
The Company may temporarily suspend the publication of any information included in this Service or the use of any account, or otherwise change the publication settings of such publication, so that it may confirm that such included information of the User is not in conflict with these Terms. Even if it is not confirmed that such included information is in conflict herewith, such included information may be eliminated, when the Company deems at its discretion that such included information is probably in conflict with these Terms.
Article 14 (Elimination of Data etc., when Use of this Service is）
In case the use by the User of this Service is completed, including any case in which registration of the use of this Service is canceled by the User's application, or in which use by the User of any account is suspended by the Company, or in which this Service is completed or terminated, or in which use by the User of this Service is otherwise completed, any portion of the contents, data, images, logs and/or notes (including any third party's comment) as included in this Service or as otherwise preserved by the User shall be eliminated, and shall as a result become inaccessible. In this case, the Company shall assume no responsibility for any damage or loss which may be caused to the User by such inaccessibility to such contents etc.
Article 15 (Restrictions to Use of this Service)
The Company shall have the right to prepare and establish various kinds of regulations relating to the use by the User of this Service for the purpose of restricting the use thereof. The Company shall also have the right to eliminate any account which has not been used for a period exceeding one year without giving a notice of such elimination to any user thereof.
Article 16 (Modification of Contents of this Service etc.)
The Company may, if and when it deems necessary, make changes in the contents of this Service, or suspend, or discontinue the conduct thereof without giving any notice thereof to any user thereof. The Company shall, even if and when it changes any of the contents of this Service, or suspend or discontinue the conduct thereof, assume no responsibility to any user thereof and any other third party for such change, suspension or discontinuance.
Article 17 (Suspension of Offering for Use of this Service, Discontinuance of Use thereof, etc.)
1. The Company may, in case it falls under any of the following cases, temporarily suspend the offering for use of this Service:
(1) In case it is unavoidable for the maintenance or construction of any equipment for use in the offering of this Service;
(2) In case it is deemed impossible to offer this Service for reasons of any electric transmitting agent or for any other unavoidable reason of the Company;
(3) In case there arises any trouble with any of the User's terminals or jointing circuits, or with any part of the Company's systems;
(4) In case it is required to make any system-, software- or program-related amendment, improvement or renewal of this Service; or
(5) In case there arises, or threatens to arise any emergent accident, such as fires, earthquakes, floods and other natural calamities, wars, riots, disturbances and other disasters, power failure and similar others;
2. The Company shall, if and when it temporarily suspends the offering of this Service in accordance with the preceding Sub-Article, make efforts to previously notify the User thereof, except when the use of this Service is suspended for so short a time that the Company deems that such short suspension will not affect an ordinary use of this Service, or for any other emergent and unavoidable reason.
3. The Company shall assume no responsibility for any damage or loss as caused by such suspension of conduct of this Service to the User or any third party. Provided that in case there arises any such cause as may make it difficult to conduct this Service, the Company may suspend the conduct of this Service without giving any prior notice to the User,
Article 18 (Protection of Personal Information)
Article 19 (Use of Information)
1. The Company may as occasion demands inspect any of the User's registered or included information of various kinds.
2. The Company may use any of the User's registered or included information of various kinds for the purpose of promoting and improving the use of this Site and introducing the condition of use of any of the Company's products, and further for the purpose of using the Company's statistical information, provided, however, that any such personal information shall be used by the Company exclusively within the scope as allowed under the Company's privacy-related policy and other applicable laws and ordinances as well as within the restriction settings as set by the User in connection with the use of such information.
3. In using any of the User's information, the Company may partially modify any included portion of such information, or make partial extracts from such information, or otherwise omit any nickname included in such information, provided, however, that the Company shall not handle such information under any disguised external appearance as if such information had been developed personally by the Company.
4. The Company may, if and when it is requested by the competent court, public prosecutors' office, police station, bar association and/or other public institution, provide such public institution with any of the User's information after it has examined any and all grounds and necessities underlying such request.
Article 20 (The Company's Property Rights)
1. Except for the User's registered or included information, any and all property rights to any and all accumulations of individual contents and information as included in this Service shall be owned by the Company.
2. Any and all software as used in connection with this Service (hereinafter referred to merely as "the software") shall contain such property rights and trade secrets as shall be protected by the laws and ordinances pertaining to intellectual property rights.
3. Except when previously approved by the Company in writing, the User shall agree not to reproduce, publish, transmit, distribute, assign, lend, translate, adapt, license, reprint or otherwise reuse this Service or the software or contents included therein (no matter whether in whole or in part).
4. The User shall previously approve that in case the User fails to act in accordance with these Terms, the Company shall have not only the right to forbid the User to use any of the contents as included in its information, accumulation thereof, software and other articles as reproduced, published, transmitted, distributed, assigned, lent, translated, adapted, licensed, reprinted or reused, based thereon, but also the right to require the User to pay an amount equal to the profit which the User has earned by performing any of such acts.
5. The User shall be prohibited from reproducing, revising, altering, making a secondary use of, or decoding by means of reverse engineering, reverse assembling or otherwise, assigning, or sub-licensing any of the software or source codes thereof.
6. The User shall not access this Service by any method other than that which shall be provided with by the Company to the User.
Article 21 (Trademarks)
The User shall, if and when it uses the trade name, symbol mark, trademark and/or other emblem of the Company or this Service, obtain the Company's prior written approval.
Article 22 (The Company's Responsibilities)
1. The Company shall make efforts to operate this Service so that the User may use this Service without hindrance, provided, however, that the Company shall assume no responsibility for any damage or loss which the User may receive out of, or in connection with the use of this Service, non-use thereof, outflow of information or other similar factor.
2. The Company shall not be obligated to answer to, or convey to the User or any other party designated thereby, or otherwise personally cope with any complaint, inquiry or other similar action which may be initiated by any third party in connection with the use by the User of this Service.
3. In case the User loses his/her right to use this Service due to expiration of the effective period, refusal of registration renewal, termination of registration, forfeiture of qualification, cancellation of registration, or for any other reason whatever, the Company shall not be obligated to effect any indemnification, vicarious compensation, support or other assistance which it then owes to the User, except for its obligation to clear up any and all arrears of debts then due to the User.
Article 23 (Limitations of the Company's Liability of Compensation)
The User shall agree that the Company shall have no liability to compensate the User for any damage or loss which may arise on the part of the User out of, or in connection with any of the following:
(1) Use or non-use of this Service;
(2) Expenses payable for transactions which have been dealt in through the use of this Service, or for use of products and service of which information is acquired through the use of this Service;
(3) Any illegal access or change to any contents of the User's;
(4) Any proposal, transmission (dispatch) or other similar action as made by any third party during the course of use of this Service; or
(5) Any other matter relating to this Service.
Neither shall the Company have any liability to compensate
for any damage which may arise out of any ground for which the User shall be responsible, or for any damage or lost profit which may arise out of, or in connection with any special situation, no matter whether such situation is foreseeable or not.
Article 24 (Settlement of Disputes and Jurisdiction)
Any dispute or difference of opinions which may arise between the User and the Company out of, or in connection with use of this Service shall, if and when such dispute or difference of opinions cannot be amicably settled by and between both parties concerned, be referred to Osaka Summary Court or Osaka District Court as the agreed competent court of first instance with exclusive jurisdiction.
Article 25 (Governing Laws)
All matters between the User and the Company regarding these Terms shall be governed by the laws of Japan.