Acerca de

Terms of Use

These Terms of Use (hereinafter referred to as the “Terms”) set forth the matters to be observed by the users of the Application,etc. (as defined in Article 2) provided by LiveMedia Corporation (hereinafter referred to as the “Company”) as well as the rights and obligations of the Company and such users with respect to the use of the Application,etc..  All persons intending to use the Application,etc. are required to review the entire text of the Terms before agreeing to the Terms.  

 

Article 1  Scope of Application

 

1.1  The Terms define the rights and obligations of the Company and the Registered Users (as defined in Article 2), and apply to any relationship between the Company and the Registered Users with respect to use of the Application,etc.

 

1.2  Rules and regulations concerning the Application,etc. posted by the Company on the Website (as defined in Article 2) from time to time (hereinafter referred to as the "Specific Provisions" in this Article) shall constitute part of the Terms.

 

1.3  In the event the provisions of the Terms conflict with the Specific Provisions, the Specific Provisions shall prevail unless otherwise specified in the Specific Provisions.

 

Article 2  Definitions

 

For the purposes of the Terms, the following terms shall have the meanings ascribed to them below:

 

(1)  The " Application" means the application relating to the Service (as defined in Item 2) which the Company is providing with the name of “LM-Cam”.  If the name or content of the application is changed for any reason, the application after the change shall be included in the Application.

 

(2)  The "Service" means video recording with camera functions, video transmission with communication functions, and related services provided by the Company to the Registered User (as defined in Item 9) through the Application.

 

(3)  The " Application,etc." means the Application and the Service collectively.

 

(4)  The "Fee-based Services" means the services included in the Service for which the Registered User shall pay consideration for use.

 

(5)  The " Service Agreement" means the " Service Agreement" defined in Article 3(4).

 

(6)  The “Website” means the website operated by the Company with the domain name “https://www.lm-cam.net”, including the website following any changes to the domain name or contents thereof for any reasons.

 

(7)  The “Applicant” has the meaning given to it in Article 3.

 

(8)  The “Registration Information” has the meaning given to it in Article 3.

 

(9)  The “Registered User” means a natural or legal person who is registered as a user of the Application,etc. in accordance with the provisions of Article 3.

 

(10)  The “Intellectual Property Rights" means copyrights, patents, utility model rights, trademark rights, and any other intellectual property rights, including, without limitation, the right to acquire such rights or to file an application for the registration of such rights.

 

(11)  The “Third Party Services” means the services provided by third parties which are used in relation to the Application,etc. .

 

(12)  The “Third Party Provider” means a person, company or entity that provides Third Party Services.

 

(13)  The “Third Party Terms of Use” means the terms that apply to the legal relationship between the Registered User and the Third Party Provider.

 

Article 3  Registration

 

3.1  Any person that intends to use the Application,etc. (hereinafter referred to as the “Applicant”) may apply to the Company for registration as a user of the Application,etc. by agreeing to abide by the Terms and providing the Company with the information required by the Company (hereinafter referred to as the “Registration Information”) in the manner specified by the Company.

 

3.2  The application for registration must be made by the natural or legal person that will use the Application,etc. and Application,etc. by proxy will not be accepted.  For each application for registration, the Applicant shall provide true, correct and current information to the Company.

 

3.3  The Company may reject an application for registration if:

 

(1)  the Company determines that the Applicant is likely to violate the Terms;

 

(2)  the Registration Information submitted to the Company contains, in whole or part, false or erroneous statements or omissions;

 

(3)  a previous registration of the Applicant for the use of the Application,etc. was cancelled;

 

(4)  the Applicant is a minor (miseinensha), an adult ward (seinen-hi-koukennin) , a person under curatorship (hi-hosanin) or a person under assistance (hi-hojonin) and has not obtained the necessary consent of its respective legal representative, guardian, curator or assistant;

 

(5)  the Company determines that the Applicant is an Antisocial Force (which means collectively organized crime groups (boryokudan), organized crime group members, quasi organized crime group members, organized crime group-associated companies, corporate extortionists (sokaiya), rogue persons proclaiming themselves as social activists (shakai undo to hyobo goro), organized special intellectual crime groups (tokushu chino boryoku shudan) and other groups or individuals seeking economic benefit by conducting or using violence, force or fraud), or the Company determines that the Applicant is associated with or involved with any Antisocial Force in any manner such as cooperating or engaging in the maintenance, operation or management of any Antisocial Force through funding or any other method; or

 

(6)  the Company otherwise reasonably determines that acceptance of the application for registration would be inappropriate.

 

3.4  The acceptance or rejection of Application,etc. for registration shall be determined by the Company in accordance with criteria established by the Company, including, without limitation, the items of Article 3.3.  The registration of an Applicant as a Registered User shall be deemed to have been completed when the Company issues to the Applicant a notice stating that the application has been accepted.  The completion of the registration constitutes the execution of the agreement (the “Service Agreement”) between the Registered User and the Company with respect to the use of the Application,etc. in accordance with the Terms

 

3.5  In the event of any change in its Registration Information, the Registered User shall promptly notify the Company of the updated information in accordance with the procedure specified by the Company and submit to the Company the materials as required by the Company.

 

Article 4  Use of the Application,etc.

 

4.1  The Company hereby grant to the Registered User a non-transferable, non-exclusive right to use the Application,etc. in a manner specified by the Company during the term of the Service Agreement in accordance under the Terms.

 

4.2  The Terms do not grant you any right to use upgrades of the Application,etc. that may be developed in the future.

 

4.3  The Registered User shall acknowledge and shall not object to, the following matters with regard to the use of the Application,etc.

 

(1)  Application,etc. may not be available depending on the communication status of the Registered User, such as moving out of the communication area.

 

(2)  The switching system that receives video and audio signals from the Application,etc. may inhibit the Registered User from receiving video correctly.

 

Article 5  Fee

 

5.1  The Registered User shall pay to the Company the fee for the Fee-based Services specified by the Company on the Website (hereinafter referred to as the “Fee”).

 

5.2  The Fee shall be calculated at the end of every month and the Registered User shall pay the Fee to the Company by the end of the following month in accordance with the method specified by the Company.  The costs for the wire transfer and any other expenses concerning the payment shall be borne by the Registered User.

 

5.3  In the event that the Registered User fails to pay the Fee, the Registered User shall pay to the Company default interest on any unpaid amounts at a rate of 14.6% per annum.

 

5.4  The Registered User shall not request cancellation or refund of purchased Fee-based Services.  In addition, The Company shall not be responsible or liable for multiple charges due to errors in the input, defects in the communication environment, or other circumstances of the Registered User, except in case of willful misconduct or gross negligence on the part of the Company.

 

Article 6 Management of User ID and Password

 

6.1  The Registered User shall be fully responsible for the security and safekeeping of its user ID and password regarding the Application,etc. (the “Account Information”).  The Registered User shall not cause or permit any third party to use the Account Information, and shall not loan, assign, change the registered name of, transfer, sell or otherwise dispose of the Account Information.

 

6.2  The Registered User shall be responsible and liable for any damage incurred as a result of inadequate management, wrong or improper use or use by a third party of the Account Information, or other similar events.  In no event shall the Company be responsible or liable for such damage.

 

6.3  If the Registered User finds that its Account Information has been stolen or is used by a third party, the Registered User shall immediately notify the Company of such fact and follow the instructions provided by the Company.

 

Article 7  Prohibited Activities

 

7.1  The Registered User shall be prohibited from engaging in any of the following acts with respect to use of the Application,etc.:

 

(1)  performing any act which would infringe any Intellectual Property Rights, portrait rights, privacy rights, credits, or other rights or interests of the Company, other Registered Users, the Third Party Providers or other third parties (including, without limitation, any act which causes such infringement directly or indirectly);

 

(2)  performing an act associated with a criminal act, or an act against public order and good morals;

 

(3)  performing any act which violates any law or regulation, or the internal rules of the entity of which the Company or the Registered User is a member;

 

(4)  transmitting information containing computer viruses or other harmful computer programs;

 

(5)  using the Application,etc. for an unauthorized purpose

 

(6)  reproduction, reprinting, redistribution, etc. of the information of the Application,etc. without prior written consent of the Company.

 

(7)  transmitting through the Application,etc. a volume of data which is larger than the size of data specified by the Company;

 

(8)  performing any act that is reasonably recognized to be likely to interfere with the operation of the Application,etc. by the Company; or

 

(9)  performing any other acts that are reasonably determined by the Company to be inappropriate.

 

7.2  In cases where the Company reasonably determines that an act involving transmission of information conducted by the Registered User falls or is likely to fall under any of the items listed in Article 7.1, the Company may delete all or part of such information without any prior notice to the Registered User.  The Company shall in no event be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company pursuant to this Article 7.2.

 

Article 8  Discontinuation or Suspension of the Application,etc.

 

8.1  In the event of any of the following circumstances, the Company shall reserve the right to permanently discontinue or temporarily suspend all or part of the Application,etc. without prior notice to the Registered User:

 

(1)  when the Company conducts scheduled or unscheduled inspections or maintenance of the computer systems relating to the Application,etc.;

 

(2)  when a computer or telecommunications network ceases to operate or function as a result of an accident;

(3)  when the Application,etc. becomes inoperable due to fire, power failure, natural disaster, or any other cause of force majeure;

 

(4)  when trouble, discontinuation or suspension of Application,etc., discontinuation of association with the Application,etc., changes of specifications, etc. occur with respect to the Third Party Services; or

 

(5)  when for any other reason the Company reasonably determines that discontinuation or suspension is necessary.

 

8.2  The Company may, by its reasonable determination, terminate the Application,etc.  In such case, the Company shall give prior notice to the Registered User.

 

8.3  The Company shall not be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with this Article 8.

 

Article 9  Preparation of Equipment

 

9.1  Since the Application,etc. is always connected to the network for communication for the use of the Application,etc., communication charges will be incurred and such communication charges shall be borne by the Registered User.  The Registered User shall, at its own cost and responsibility, prepare and maintain computers, smartphones, software and other devices and communication lines and other equipment and services relating to network that are necessary to enable it to use the Application,etc.

 

9.2  The Registered User shall, at its own cost and responsibility, prepare and maintain security systems suitable for its settings and conditions for use of the Application,etc. to avoid attacks by computer viruses, unauthorized access, information leakage, etc.

 

9.3  The Company is under no obligation to retain messages or other information transmitted by or to the Registered User through the Application,etc. even in cases where such information has been retained by the Company for a certain period for operational reasons, and the Company may delete such information at any time at its discretion. 

 

9.4  If the Registered User, at the commencement of or during the use of the Application,etc., installs software or programs from the Website onto its computers by way of downloading or other means, the Registered User shall exercise due care in order to prevent any loss or alteration of information held by it, or any fault or damage to its equipment.

 

Article 10  Ownership and Intellectual Property Rights

 

10.1  All ownership rights and Intellectual Property Rights in and to the Application,etc. and the Website shall vest in the Company or its licensors, and unless otherwise provided for expressly herein, the use of the Application,etc. permitted through the registration under the Terms shall not be construed as assigning, or granting any license with respect to, any Intellectual Property Rights relating to the Website or the Application,etc. held by the Company or its licensors.  The Registered User shall not, for any reason whatsoever, perform any act which would infringe any Intellectual Property Rights of the Company or its licensors, including, without limitation, disassembling, decompiling, or reverse engineering. 

 

10.2  The Registered Users shall grant to the Company a non-exclusive, sublicensable and royalty-free license to copy, reproduce, modify or otherwise use, without any restriction, the texts, graphics, videos and other data uploaded to or transmitted via the Website or the Application,etc. by the Registered User.

 

Article 11  Cancellation of Registration

 

11.1  The Company may temporarily suspend use by the Registered User of the Application,etc. or deregister the Registered User without any prior notice if:

 

(1)  the Registered User violates any provision of the Terms;

 

(2)  the Registration Information is found to contain false information;

 

(3)  the Registered User uses or attempts to use the Service for such purposes or in such a manner that may cause damage to the Company, other Registered Users, the Third Party Providers or other third parties;

 

(4)  any Third Party Service or its association with the Service is made unavailable to the Registered User by the Third Party Provider due to violation by the Registered User of the Third Party Terms of Use or other reasons;

 

(5)  the Registered User interferes with the operation of the Application,etc. by any means;

 

(6)  payment by the Registered User is suspended, or the Registered User becomes insolvent, or an application for a proceeding for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar proceedings is made with respect to the Registered User;

 

(7)  the Registered User dishonors any note or check issued or accepted by it;

 

(8)  a petition is filed against the Registered User for attachment, provisional attachment, provisional disposition, judicial enforcement or an auction sale;

 

(9)  the Registered User becomes subject to the procedures for tax delinquency;

 

(10)  the Registered User dies or is subject to an order for the commencement of guardianship, curatorship or assistance;

 

(11)  the Registered User has not used the Application,etc. for a period of 6 months or more and has not responded to any communication from the Company;

 

(12)  the Registered User falls under any of the items listed in Article 3.3; or

 

(13)  the Company reasonably determines that the continuation of the registration of the Registered User would be inappropriate.

 

11.2  In cases where the Registered User falls under any of items listed in Article 11.1, any and all monetary debt of the Registered User to the Company shall become forthwith due and payable and the Registered User shall immediately settle such monetary debt.

 

11.3  Each of the Company and the Registered User may cancel the Registered User’s registration as a Registered User by sending 30 days’ prior notice to the other party in accordance with the procedures specified by the Company.

 

11.4  The Company shall in no event be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with the provisions of this Article 11.

 

11.5  In the event of the cancellation of the registration pursuant to this Article 11, the Registered User shall return, destroy or otherwise dispose of the software, manuals or any other materials supplied by the Company in connection with the Application,etc., in accordance with the instructions provided by the Company.

 

 

Article 12  Disclaimer and Limitation of Liability

 

12.1  The Application,etc. is provided “as is”, and the Company makes no warranty of any kind, including, without limitation, warranty of fitness for particular purpose, merchantability, completeness or consistency, with respect to the Application,etc.. 

 

12.2  The Company does not make any warranty which is not expressly provided for in the Terms even in cases where the Registered User has acquired from the Company, directly or indirectly, any information concerning the Application,etc., the Website, other Registered Users or any other matter.

 

12.3  Although the Application,etc. may be associated with the Third Party Services, the Company makes no warranty regarding such associations.  The Company shall not be responsible or liable for failure or unavailability of such associations except those that shall are attributable to the Company.

 

12.4  In cases where the Application,etc. is associated with the Third Party Services, the Registered User shall comply with the Third Party Terms of Use at its own cost and responsibility.  In no event shall the Company be responsible or liable for disputes, etc. that arise between the Registered User and the Third Party Providers due to the Registered User’s incompliance with the Third Party Terms of Use.

 

12.5  The Registered User shall investigate at its own cost and responsibility  to determine whether or not its use of the Application,etc. will violate any law or regulation applicable to the Registered User or the internal rules of the entity of which the Registered User is a member, and the Company makes no warranty that the use of the Application,etc. by the Registered User will comply with the laws and regulations applicable to the Registered User and the internal rules of the entity of which the Registered User is a member.

 

12.6  The Registered User shall, at its full responsibility, treat and resolve all transactions, communications, disputes, etc. in connection with the Application,etc. or the Website which arise between the Registered User and other Registered Users, the Third Party Providers or other third parties.  In no event shall the Company be responsible or liable for such matters except those that are attributable to the Company.

 

12.7  In no event shall the Company be responsible or liable for any suspension, discontinuation, unavailability or modification of the Application,etc. caused by the Company, deletion or loss of any message or information of the Registered User, cancellation of the registration of the Registered User, loss of data or failure of or damage to equipment through use of the Application,etc., or any other damage incurred by the Registered User in connection with the Application,etc., except those that are attributable to the Company.

 

12.8  Even if the Website contains links to and from other websites on the Internet, the Company shall not be responsible for any websites other than the Website or any information obtained therefrom, except where the reason for the responsibility are attributable to the Company.

 

12.9  The Company shall not be liable to the Registered User for any failure to perform the obligations under the Application,etc. Agreement to the extent that and so long as such performance is prevented due to any cause beyond the Company’s reasonable control (including, without limitation, fires, power failures, hacks, computer virus infections, earthquakes, floods, wars, epidemics, embargoes, strikes, riots, impossibility to secure supplies and transit facilities, interventions, instructions or requests by governments and any enactment, revision or abolition of domestic and foreign laws and regulations).

 

12.10  Even if the Company shall be responsible or liable for the damage by the application of compulsory provisions in laws including, without limitation, the Consumer Contract Law of Japan, or other reasons, the responsibility and liability of the Company for such damage shall be limited to the higher of the total amount that the Company actually receives from the Registered User during the  1 months preceding the date on which the cause of such damage occurs or ¥500. .

 

Article 13  Indemnification by the User

 

13.1  The Registered User shall indemnify and hold harmless the Company from and against any damage incurred by the Company resulting from any breach by the Registered User of any provision of the Terms or in relation to use by the Registered User of the Application,etc..

 

13.2  The Registered User shall immediately notify the Company of any claim against the Registered User brought by other Registered Users, any Third Party Providers or other third parties in connection with the Application,etc. or of any dispute arising between the Registered User and any of the other Registered Users or other third parties, and shall settle such claim or dispute at its own cost and responsibility and, upon the Company’s request, report the processes and results of the settlement to the Company .

 

13.3  In cases where a claim is brought against the Company by other Registered Users, the Third Party Providers or other third parties for infringement of rights or for any other reason with respect to the use of the Application,etc. by the Registered User, the Registered User shall compensate the Company for any amounts that the Company is required to pay to such other Registered Users, the Third Party Providers or other third parties as a result of such claim.

 

Article 14  Confidentiality

 

14.1  For the purposes of the Terms, the “Confidential Information” means any and all information related to technology, business, operation, finance, organization, etc. of the Company which may be provided or disclosed by the Company to, or comes to the knowledge of, the Registered User in connection with the Terms or the Application,etc. in writing, orally or in storage media, etc., but excluding information (1) which is generally available to the public or known to the Registered User at the time when the information is provided or disclosed by the Company to or comes to the knowledge of the Registered User; (2) which becomes publicly known through publication or otherwise without fault of the Registered User after the information is provided or disclosed by the Company to or comes to the knowledge of the Registered User; (3) which the Registered User has lawfully acquired without any obligation of confidentiality from a third party authorized to provide or disclose the information; (4) which the Registered User has developed independently of the Confidential Information, or (5) which is confirmed by the Company in writing to be excluded from the obligation of confidentiality.

 

14.2  The Registered User shall use the Confidential Information solely for the purpose of using the Application,etc. hereunder, and shall not provide, disclose or divulge the Confidential Information to any third party without the Company’s prior written consent.

 

14.3  Notwithstanding Article 14.2, the Registered User may disclose the Confidential Information when such disclosure is required by law or by an order, requirement or request of a court or governmental authority; provided, however, that such order, requirement or request shall be promptly notified to the Company by the Registered User.

 

14.4  The Registered User shall first obtain the prior written consent of the Company if it intends to reproduce any document or magnetic storage media containing the Confidential Information, and shall keep the reproductions under strict control in the same manner as provided for in Article 14.2.

 

14.5  At any time upon request by the Company, the Registered User shall promptly return to the Company or destroy the Confidential Information and the documents or other storage media containing or including the Confidential Information along with all reproductions thereof in accordance with the instructions of the Company.

 

Article 15  Treatment of Personal Information

 

15.1  Treatment by the Company of the Registered User's personal information (as defined in Article 2, Paragraph 1 of Act on the Protection of Personal Information) shall be subject to the provisions of our privacy policy, which is separately prescribed by the Company, and the Registered User hereby agrees to treatment by the Company of the Registered User's personal information pursuant to such privacy policy.

 

15.2  The Company may, in its sole discretion, use or make public any information or data provided by the Registered User to the Company as statistical information in a form that cannot identify individuals, and the Registered User may not raise any objection to such use or publication.

 

Article 16  Effective Term

 

The Application,etc. Agreement shall become effective on the date of the completion of the registration pursuant to Article 3 in respect of the Registered User, and remain in force and effect between the Company and the Registered User until the earlier of the termination of the registration or the cessation of the provision of the Application,etc..

 

Article 17  Amendment and Changes to Terms, etc.

 

17.1  The Company reserves the right to make changes to the contents of the Application,etc. without restriction.

 

17.2  The Company reserves the right to make amendments to the Terms (including, without limitation, the rules and regulations concerning the Application,etc. which may be posted on the Website; the same shall apply hereinafter in this Article 17).  In the event of any amendment to the Terms, the Company shall notify the content and effective date of such amendment in a manner specified by the Company before such effective date.  If the Registered User uses the Application,etc. after such notified effective date,[ or fails to take steps to cancel the registration within the time specified by the Company], the Registered User shall be deemed to have agreed to such amendment made to the Terms.

 

Article 18  Notice

 

Any inquiries with respect to the Application,etc. or other communications or notices from the Registered Users to the Company, or the notices concerning any amendment to the Terms or other communications or notices from the Company to the Registered User shall be made in accordance with the procedures specified by the Company.

 

Article 19  Assignment of Terms

 

19.1  The Registered User shall not assign, transfer, grant security interests on or otherwise dispose of its status under the Application,etc. Agreement or rights or obligations under the Terms without the prior written consent of the Company.

 

19.2  In cases where the Company assigns the business related to the provision of the Application,etc. to a third party by any means, such as through a business transfer or company split, the Company may, as a part of such assignment of business, assign to the third party assignee its status under the Application,etc. Agreement, its rights and obligations under the Terms, and the Registration Information and other information relating to the Registered User, and the Registered User hereby agrees to such assignment in advance. 

 

Article 20  Entire Agreement

The Terms constitute the entire agreement between the Company and the Registered User with respect to the matters contained herein, and supersede all prior agreements, representations and understandings, whether oral or in writing, between the Company and the Registered User with respect to the matters contained herein.

 

Article 21  Severability

 

If any provision of the Terms or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect, and the Company and the Registered User shall endeavor to agree to an amendment thereof to the extent necessary to make such invalid or unenforceable provision or part thereof legally operative in order to achieve the same purpose and same legal and economic effect as originally contemplated by such invalid or unenforceable provision or part thereof.

 

Article 22  Survival of Provisions

 

The provisions of Articles 5 (to the extent that the Fee is unpaid), 6.2, 7.2, 8.3, 9, 10, 11.2, 11.4, 11.5, 12 through 15, and 19 through 23 shall survive the expiration or termination of the Terms and remain in full force and effect; provide, however, that Article 14 shall survive only for 3  years from the expiration or termination of the Terms.

Article 23  Governing Law and Jurisdiction

The Terms shall be governed by the laws of Japan without regard to conflict of laws principles.  Any and all disputes arising out of or in connection with the Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance.

Article 24  Resolution Through Discussion

Any matters not provided for in the Terms or those giving rise to any doubts with respect to the interpretation of the Terms shall be promptly resolved through good faith discussions between the Company and the Registered User.

Effective as of September 1 , 2021