Terms of Use

These Terms of Use set forth the terms of use for providing the application and the services of Scene (the “Services”) provided by Ripplex Inc. (the “Company”), and the rights and obligations between the Company and the individual, the group of the individuals or the juridical person who use the Services (the “User”) of the Services. You must read and agree to the entire Terms of Use before using the Services.

1. APPLICABILITY

• a) The purpose of these Terms of Use is to set forth the terms of use for providing the Services and the rights and obligations between the Company and the User, and these Terms of Use shall apply to all aspects of the relationship between you and the Company in connection with the Services.
• b) Any rules for use of the Services posted on our website at http://www.scn.jp/ (the “Rules”) shall constitute an integral part of these Terms of Use.
• c) If there is any conflict between these Terms of Use and the Rules or any other description of the Services not provided for herein, these Terms of Use will prevail.

2. CONDITIONS OF USE

It is necessary to agree to these Terms of Use so that the User uses the Services. In the case where the User cannot agree to these Terms of Use, please stop the use of the Services. The User guarantees that the User has the qualification and authority to agree to these Terms of Use.

It is considered that the User agrees to these Terms of Use by any of the following acts

• a) Presses the "ACCEPT" button in the Terms of Use agreement screen displayed by the Services
• b) Turns on an "ACCEPT" checkmark in the Terms of Use agreement screen displayed by the Services
• c) Starts to use the Services

3. ACQUISITION AND THE USE OF THE INFORMATION

• a) The User agrees that the Company keeps the User’s e-mail address (the “Registered E-mail Address”), the password, the nickname, the gender, the icon image for the user identification and the date of birth.
• b) The User agrees that the application transmits the information described below (the “Service Improvement Information”) to the Scene server operated by the Company.
  • The image information used by the User in the Services (the “User Image Information”) and the subordinate meta information (including but not limited to, the date of photographing, the place of photographing, the camera used, the terms of photographing, tag information and comments given by the User).
  • The information for the environment of using the Services (including but not limited to, the version of the application, the date and time of operation, the version of OS, the screen resolution and the number of pictures).
  • The information regarding the failure of the Services (including but not limited to, the place where the application crashed in the program).
  • The information regarding the situation of use of the Services (including but not limited to, the use or non-use, the situation of making or sharing an album, the situation of using the memory).

4. RESPONSIBILITY OF USER

• a) The Registered E-mail Address which is used when the User logs in to use the Services, shall exist, be possible to receive messages from the Company, and be possible to be confirmed as receiving contents regularly by the User.
• b) The User bears the responsibility to protect the password for using the Services. The User shall not disclose the password to a third party.
• c) The User bears any responsibilities of the result of the act of using the Services.
• d) The User bears any responsibilities of copying, uploading, sharing, posting, and using the User Image Information and the subordinate meta information. The Company shall not bear any responsibilities for these.
• e) The User bears any responsibilities of maintaining and protecting the User Image Information and the subordinate meta information. The Company shall not bear any responsibility to assist the user in any way regarding the loss, the damage, the backup and the reconstruction of the User Image Information and the subordinate meta information.

5. USE OF THE APPLICATION

• a) The Company licenses to the User regarding using the application nonexclusive, nontransferable, revocable (the “Application License”) as a condition of the agreement to these Terms of Use.
• b) The Application License shall be canceled in the case where the User breaches these Terms of Use or infringes the Company’s intellectual properties.
• c) The User shall not copy, modify whole or a part of the application and make derivative works. The User shall not analyze the protocol of the Services. The User shall not make a third party to do these acts.
• d) The Company can confirm the contents of the User Image Information and the subordinate meta information in the case where the Company needs to confirm if the laws or these Terms of Use are abided by regarding use of the Services by the User.
• e) The User shall agree that any User Image Information and the subordinate meta information published via the Application's "Share on the Web" feature will be made publicly available on the Internet and may be accessible by search on sites operated by the Company or third parties.

6. LIMITED ACTIONS

The Company shall be able to set the upper limit anytime even if the Company do not set the constant upper limit as per the number of the User Image Information that the User can use, quantity of the User Image Information and the subordinate meta information kept in the Company’s server, and the total number of the User at present. In this case the Company shall be able to delete the User Image Information and the subordinate meta information more than the upper limit from a server subject to the prior notice to the User. The User shall agree that the Company starts the pay service after the prior notice to the User about some or all of the functions of the Services offered at present and some or all of the new features accompanying the Services in the future. However the Company shall not claim payment for using the Services before the pay service starts from the User.

7. ADVERTISEMENT

The User shall agree that the Company or a third party authorized by the Company may display advertisements on the display of the Services.

8. PROHIBITED ACTIONS

When using the Services hereunder, the User may not conduct any of the following acts or any act that the Company determines falls under any of the following; the User shall notify the Company if the User finds any of the following acts or any act that the Company determines falls under any of the following.

• a) acts that violate any laws or regulations or that are associated with criminal activity;
• b) acts that defraud or threaten the Company, other users or other third parties;
• c) acts against public order and good morals;
• d) acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or profit of the Company, other users or other third parties as the User Image Information or the subordinate meta information;
• e) acts to use any of the following or any use that the Company determines as the User Image Information and the subordinate meta information including under any of the following;
  • excessively violent or cruel content;
  • computer viruses or other hazardous computer programs;
  • content that damage the reputation or the credit of the Company, other users of the Services or other third parties;
  • excessively indecent content;
  • content that encourages discrimination;
  • content that encourages suicide or self-mutilation;
  • content that encourages drug abuse;
  • antisocial content;
  • content for the purpose of disbursing information, such as chain mails;
  • content that causes uncomfortable feelings to third parties;
  • content for the purpose of encountering unacquainted persons of the opposite sex;
• f) acts that place an excessive burden on the network or system of the Services;
• g) acts that threaten to interrupt the operation of the Services;
• h) acts to access or attempt to access the system network of the Services improperly;
• i) acts to impersonate a third party;
• j) acts to use the user ID or password of other users of the Services;
• k) acts of exploitation, advertisement, soliciting or marketing;
• l) acts that cause disadvantage, damage or uncomfortable feelings to other users of the Services or other third parties;
• m) acts that cause the private information of third parties to be made public on the Internet, including via User Image Information or its subordinate meta information;
• n) acts that violate the Rules;
• o) acts to provide Antisocial Forces with profit;
• p) acts that are intended to encounter unacquainted persons of the opposite sex;
• q) acts that, directly or indirectly, evoke or facilitate acts listed in the preceding items; or
• r) other acts that the Company deems to be inappropriate.

9. TERMINATION, SUSPENSION AND DISCONTINUANCE OF THE SERVICES

• a) The User may withdraw from the Services and cancel its registration as the User without giving notice to the Company.
• b) In the case the User withdraws from the Services and cancels its registration as the User, the Company shall not be subject to the obligation of deleting the User Image Information and the subordinate meta information or archiving them.
• c) In the case the User withdraws from the Services and cancels its registration as a User, the Company can delete the User Image Information and the subordinate meta information from the server of the Company.
• d) The Company shall be entitled to or terminate, without any advance notice to the User, suspend or discontinue the Services, in whole or in part.
• e) The Company may, without prior notice or demand, delete the User Image Information and the subordinate meta information, temporarily suspend the use by the User of the Services, cancel the User’s registration as such or terminate these Terms of Use, in the event of any of the following;
  • i. The User failed to comply with any of the provisions hereof;
  • ii. Any of the registration information is found to be false;
  • iii. The User has not used the Services for 2 months or more;
  • iv. In addition to the foregoing, if the Company determined that it is inappropriate for the User to use the Services, maintain its registration as a User, or have these Terms of Use remain in effect.
• f) The Company shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Company pursuant to this Article 9.

10. OWNERSHIP OF RIGHTS

• a) Any and all IP Rights related to the Services are expressly reserved by the Company. Nothing contained herein shall be construed as granting to the User a license of the IP Rights owned by the Company.
• b) The User hereby represents and warrants to the Company that it has lawful rights to post or otherwise transmit the User Image Information and the subordinate meta information, and that the User Image Information and the subordinate meta information so posted do not infringe any third party’s rights.

11. DISCLAIMER AND WAIVER OF WARRANTIES

• a) The Company makes no representation or warranty of any kind, express or implied, with respect to the Services (including but not limited to any representation or warranty (i) of fitness or suitability for a particular purpose contemplated by the User, (ii) that the Services have expected functions, commercial value, accuracy, or usefulness, (iii) that the use by the User of the Services complies with the laws and regulations applicable to the User or any internal rules established by industrial organizations, and (iv) that the Services will be free of interruption or defects). The User understands that the Services shall be supplied as is.
• b) Under no circumstances shall the Company be liable for any damages incurred by the User arising out of discontinuance, suspension, termination, unavailability, or modification by the Company of the Services, cancellation or loss of messages or information transmitted by the User to the Services, deletion of the registration of the User, loss of registered data or failure of or damage to equipment through the use of the Services, or otherwise in connection with the Services (the “Damages”).
• c) The Company shall not be liable for any amount exceeding the consideration paid by the User to the Company for the immediately previous 6 months in relation to Damages incurred by the User that are attributable to the Company for any reasons whatsoever under no circumstances shall the Company be liable for incidental, indirect, special, future damages and lost profits.
• d) The Company shall not in any way be liable for transactions, communications or disputes arising between the User and other users or a third party in connection with the Services.
• e) The Company shall not be obliged to monitor the User Image Information and the subordinate meta information and makes no representation or warranty of their legitimacy, reliability, accuracy and morality.

12. CONFIDENTIALITY

The User shall keep confidential any and all non-public information disclosed by the Company to the User for which the Company has imposed on the User a confidentiality obligation in connection with the Services, unless the User has obtained prior written approval from the Company.

13. TREATMENT OF USER INFORMATION

• a) Treatment by the Company of the Registered E-mail Address, the password, the date of birth and Service Improvement Information shall be subject to the provisions of our Privacy Policy, which are separately prescribed, and the User hereby agrees that the above information to be treated by the Company shall be subject to such Privacy Policy.
• b) The Company may, in its sole discretion, use or make public any information or data provided by the User to the Company as statistical information in a form that cannot identify an individual, and the User may not challenge or dispute such use.

14. AMENDMENTS

The Company reserves the right to amend or change these Terms of Use. In the event of any amendment or change to these Terms of Use, the Company shall notify the User by posting on the Company’s website. If the User uses the Services, or fails to take steps to cancel its registration within the time specified by the Company after the notice set forth above, the User shall be deemed to have agreed to such amendment or change to these Terms of Use.

15. NOTICE

Any inquiries with respect to the Services or other communications or notices from the User to the Company, or the notices concerning any amendment to these Terms of Use or other communications or notices from the Company to the User shall be made in accordance with the procedures specified by the Company.

16. ASSIGNMENT

• a) The User shall not assign, transfer, grant security interests in or otherwise dispose of its status under these Terms of Use or its right or obligation under these Terms of Use without the prior written consent of the Company.
• b) In the cases where the Company has assigned the business regarding the Services to a third party, the Company may, as part of such assignment, assign to such third party its status under these Terms of Use, its rights or obligations under these Terms of Use, and the registration information and other information relating to the User, and the User hereby agrees to such assignment in advance. For the purpose of this Article 16, the business assignment referred to above shall include, in addition to the usual form of business assignment, a split of the Company or any other form of restructuring of the Company that would result in a business transfer.

17. SEVERABILITY

In any provision of these Terms of Use or part thereof is held to be invalid or unenforceable under any laws of Japan or regulations, the remaining provisions hereof shall remain in full force and effect.

18. GOVERNING LAW AND JURISDICTION

• a) These Terms of Use shall be governed by the laws of Japan.
• b) Any and all disputes arising out of or in connection with these Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.

These Terms of Use shall be executed in the Japanese language. Japanese shall be the governing language and any translation of these Terms of Use into any other language is for convenience of reference only and shall not bind the parties hereto.