Terms of Use for Service

1. Services

This Terms of Use for Service and all supplemental terms (collectively, these “Terms”) govern the relationship between you and 360Channel, Inc. (“we/us") regarding your use of any of our applications (each an “Applications”), and related digital content and websites provided by us (collectively, the "Services").
By downloading and using any Applications or by using or accessing any part of the Services, you agree to these Terms, as updated from time to time in accordance with Section 4 below. If you do not agree or are not in compliance with this Term, you may not access or use our Services.

2. License

We hereby grant you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services, for your personal non-commercial use, subject to your compliance with these Terms and the platformer’s terms and conditions applicable to the platform you use.
The term of your license under this Terms shall commence on the date that you agree this Term in accordance with Section 1.2, and end on the earlier date of either your disposal of the Services or our termination of these Terms. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Services or you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us.

3. Use by Minors

If you are under the age of 20 or such other age as local law defines as a minor, you and your parent or guardian must acknowledge and agree that (A) you and your parent or guardian have reviewed and understand and agree to these Terms and (B) we may limit, in whole or in part, your use of the Services in our sole discretion.
The Services are intended solely for users who are 13 or older. Any use of, the Services by anyone under the age of 13 is unauthorized, unlicensed and in violation of these Terms.

4. Changes to Terms of Use

We may from time to time modify these Terms and such modifications will be posted on our website. Your use of any of the Services after posting of any such modification will mean that you have accepted the modified Terms.

5. Change or Discontinuation of the Services

We may at any time and from time to time modify, discontinue or abolish the Services or any part thereof without prior notice to you with no liability.
We reserve the right, in our sole discretion, to re-set, re-establish and change any part of the Services, including any specification, rule, design, audio-visual materials and effect, parameter, scenario or price, at any time with or without prior notice or explanation, and without any liability to you.

6. Your Account

As a registered user of the Services, you may establish an account (an “Account”) in accordance with these Terms. You may not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account. We shall not be responsible or liable for any losses arising out of the unauthorized use of your Account.

7. Privacy

Your privacy is very important to us. We designed our “Privacy Policy” to make important disclosures about how we collect and can use your content and information.

8. Ownership

All copyrights, trademark rights and any other intellectual property rights in connection with the Services and any related contents belong to us and/or content provider(s). The Services will be provided to you subject to your compliance with these Terms. The Services and any related content will be provided only for the purpose of your personal, non-commercial use in full compliance with these Terms.
No part or portion of the Services and any related content may be reproduced in any form or by any means, except as is expressly permitted in these Terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on any part or portion of the Services and any related content in any manner.

9. Paid Services

We may provide any fare-paying services (“Paid Services”), including purchasing a license to use contents within the Services (“Paid Contents”). In order to use our Paid Services, you may need to purchase certain points issued by us which can be used for payment for Paid Services ("Paid Points) by such method as we separately specify from time to time. Every time you place an order for a Paid Service, you enter into separate contracts for services based on this Terms.
In order to purchase Paid Contents or Paid Points, you may need to use third party’s settlement services. In such cases, you are subject to the terms and conditions, specified from time to time by third party settlement service providers (including but not limited to Sony Interactive Entertainment, Inc., Oculus VR, LLC and Vive Corporation, your mobile carrier and your credit card company. Same as follows.). You are solely responsible for all aspects of any such purchases through use of services provided by third party settlement service providers, and for resolving at your sole cost and expense any disputes that may arise, and we disclaim and shall have no obligation, responsibility or liability for any aspect of your dealings with such service providers or any disputes with any such service providers. You acknowledge that when you use services provided by third party settlement service providers, you enter into an agreement with such service providers with respect to such services.
We may set an upper limit on the amount of Paid Points that you may purchase or hold. You may not purchase or hold Paid Points in excess of an upper limit we set.
You agree to expend Paid Points for use of our Paid Services in compliance with such terms and conditions as are expressly designated from time to time in connection with the Services.
You understand that Paid Points is intended exclusively for use in our Paid Services and cannot be used for any other purpose, and that Paid Points cannot be refund or returned for a cash refund (except as required by law), exchange, resold, transferred, mortgaged or loaned to any third party.
If we need to collect or pay tax for your purchase of a Paid Service, that tax will be imposed on you at the time of each purchase. In addition, if required by law, you are responsible for declaring and paying tax on purchasing and using Paid Services.
You understand and agree that you cannot cancel a Paid Service after purchase.
You understand and agree that (A) a Paid Content may have certain viewing restrictions, and (B) provision of Paid Contents may be suspended or terminated in certain cases including without limitation you withdraw from the Services, when the sales of the Paid Content stopped and when we stop providing the Services. We will not be liable to you if Paid Content becomes unavailable for further download or streaming.
For details of available period of Paid Content, please see video page.

10. Risk and Responsibility

The Services are provided on condition that use is at your own responsibility, manner and moderation.
Use of the Services and all activities related thereto will be at your sole risk and responsibility, and shall not be attributable to us (including but not limited to the following items).
- a. You should use the Services in a safe place in a safe manner considering the surroundings. Damages to third party’s life, body or property cause by your use of the Services shall be at your sole responsibility.
- b. When you are pregnant, taking medication, drunk, hypertensive, suffering from heart disease, respiratory disease, dizziness, claustrophobia, noise hypersensitivity, darkness phobia, or other diseases, using medical devices such as cardiac pacemaker, or at a risk of deteriorating your health condition by using the Services, you must use or stop using the Services according to the doctor's diagnosis. You should stop using the Service immediately if you have rough skin, eyestrain, discomfort to the visual field, motion sickness, other deterioration of health condition or physical condition.
- c. You need to take a moderate rest while using the Services.
- d. You acknowledge that there may contain violence or horror expression in the Services.
- e. You acknowledge that we don’t warrant the availability of the content purchased outside the Services even if the same content is offered in the Services.
- f. You are responsible for completing the download, if you choose to download, and for all risk of loss of the content including Paid Content. If you are unable to complete a download, please contact our customer service.
You hereby agree to indemnify, defend and hold us and all relevant third parties harmless from any and all damages, losses, costs and expenses (including but not limited to the legal fees and costs) caused by or arising out of your use of the Services.
You shall handle and resolve any inquiries, claims and/or disputes from other users or any third parties arising from your use of the Services at your sole cost and expense, and you agree that we shall have no obligation or liability to you or any other person or entity in relation thereto.
We highly recommend that you not carelessly make public or provide to other users or third parties through the Services your personal information, including but not limited to, your real name, birth date, address or other personally identifiable information. You are solely responsible for handling and resolving at your sole cost and expense, any inquiries, claims and/or disputes arising in relation to your personal information that you voluntarily make public or provide to other users or third parties through the services, and you agree that we shall have no obligation or liability to you or any other person or entity in relation thereto.
You are responsible for preparing and maintaining the necessary environment (PC, communication device, playing device etc.), and arranging for the necessary communication services or internet-access services to make use of the Services, and to pay and discharge all costs and fees in relation thereto, and you agree that we shall have no obligation or liability to you or any other person or entity in relation thereto, including but not limited to damages to clothes, accessories, or other personal belongings.
You understand that by using the Services, you may encounter material that you may deem to be offensive, indecent, or objectionable. Nevertheless, you agree to use the Services at your sole risk and we shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.
You agree to defend, indemnify and hold us harmless from all damages, liabilities, claims, losses and expenses, including fees of legal counsel, that arise from or relate to a breach of this Term for which you are responsible or in connection with your distribution of any User Content (or other material) on or through the Services.

11. Usage Rules

You agree to use the Services in compliance with the following usage rules.

a. You may not use the Services for any purpose other than personal and non- commercial purposes.
b. You agree not to change, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the Applications and/or the Services.
c. You may not upload, download, post, email, transmit, store or otherwise make available any content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially, religiously or ethnically offensive, or otherwise objectionable.
d. You may not stalk, harass, threaten or harm another.
e. You may not request personal or other information from a minor (any under person under the age of 20 or such other age as local law defines as a minor).
f. You may not post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements.
g. You may not upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere with or limit the normal operation of the Applications, the Services, or any other computer software or hardware.
h. You may not impersonate or misrepresent yourself as another person or entity.
i. You may not have more than one account, at any given time, and may not create an account using a false identity or information, or on behalf of someone other than yourself.
j. You shall not share or let anyone else access your Account or the login information. You shall not share or let anyone else use or play the Applications by allowing him/or her using the VR device in which the Applications is installed and playable on your Account or login information.
k. You may not misrepresent your location information when using the Services.
l. You may not cheat or otherwise modify the Services to gain an advantage for one user over another.
m. You may not modify or interfere with or disrupt the Services and may not use any unauthorized third party software designed to do so.
n. You may not transfer, sell, mortgage, exchange or trade, or attempt, solicit or offer to transfer, sell, mortgage, exchange or trade, in any services other than the Services or in “real world”, anything originating in the Services, including Paid Points or Paid Contents or other content or material provided in the Services unless otherwise expressly authorized by us.
o. You may not make improper use of our support services, including by submitting false or abusive reports or using profane language in your communications with our support personnel.
p. You shall in any event comply with all applicable law in the use of the Services. Without limiting the foregoing, any and all software related to the Services may be subject to export controls of Japan, the United States, the European Union or other jurisdictions. By making use of the Services, you warrant that you are not located in any country, or exporting any software or other technology to any person or place, to which Japan, the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to comply with all applicable export control laws and not to transfer, by electronic transmission or otherwise, any material subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload any User Content (or other content or software) to our system that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms.
q. You may not use the Services in a manner that violates the usage rules designated by us.

12. General Prohibition

We prohibit any of the following activities (or any activities which could correspond to the following) to the Services.

a. Activities which infringe copyrights, trademark rights and any other intellectual property rights (including moral rights of authors and/or performers) of us or third parties.
b. Activities which infringe privacy, image rights, or publicity rights of us or third parties.
c. Activities which discriminate or defame us or third parties or harm the reputation, honor or trust of us or any third party.
d. Activities which may relate to or could relate to crime, prostitution, atrocity, terrorism or other act offensive to public order and morals.

13. User-Generated Content

You are solely responsible for all text, user profiles, messages, photographs, graphics, audio, video, applications, and other content (“User Content”) that you post to, transmit or share with other users through the Services.
Although you retain ownership of all of your rights in your User Content, by posting User Content to, transmitting User Content or sharing User Content with other users through the Services, you grant to us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid, transferable, and sublicensable license to use, reproduce, distribute, publish, publicly perform, publicly display, broadcast, publicly transmit, translate, excerpt, modify, and create derivative works of your User Content for any purpose (commercial or non-commercial), including without limitation use in connection with the Services.
We reserve the right, in our sole discretion, to remove, disable access to, or refuse to post or transmit, any of your User Content, in whole or in part, at any time with or without prior notice or explanation, for any or no reason, and without any liability to you, including where we determine or believe, in our sole discretion, that you have violated these Terms.

14. Termination

If (A) we determine or believe, in our sole discretion, that you have violated these Terms, or (B) we decide to suspend or terminate the Services in accordance with Clause 5.1 above, we reserve the right, in our sole discretion, to deny, restrict, suspend, discontinue or terminate these Terms between you and us, and/or your Account for the Services, in whole or in part, at any time with or without prior notice or explanation, without any liability to you.
When these Terms between you and us, and/or your Account is terminated, whether such termination was voluntary or involuntary, we shall have no liability to provide a refund for any reason, and you will not receive money or other compensation for unused Paid Points and/or Paid Contents (except as required by law).

15. Third Party Materials

Our Service may include materials from third parties. We may provide links to third-party web sites as a convenience to you. You understand that the inclusion of any link does not imply endorsement by us of these linked sites. You agree that we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability for any third-party materials or web sites, or for any other materials, products, engines, modules, or services of third parties.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, VR DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES.
NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
IF (A) YOU LOSE OR FORGET YOUR ACCOUNT OR LOGIN INFORMATION FOR THE APPLICTIONS AND/OR THE SERVICES, OR (B) YOUR VR DEVICE IN WHICH THE APPLICATIONS IS INSTALLED AND PLAYABLE ON YOUR ACCOUNT OR LOGIN INFORMATION IS LOST, STOLEN OR BROKEN, WE WILL NOT RESTORE OR RECOVER YOUR FORMER ACCOUNT, LOGIN INFORMATION, PAID POINTS, PAID CONTENTS, OTHER DATA REGARDING STATUS AS USER OF THE SERVICES, AND WE SHALL HAVE NO LIABILITY TO YOU FOR YOUR DAMAGES OR LOSSES.
WE SHALL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM RESULTING FROM CAUSES OUTSIDE OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION ANY FAILURE TO PERFORM HEREUNDER DUE TO UNFORESEEN CIRCUMSTANCES OR CAUSES BEYOND OUR CONTROL SUCH AS ACTS OF GOD, WAR, TERRORISM, RIOTS, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, NETWORK INFRASTRUCTURE FAILURES, STRIKES, OR SHORTAGES OF TRANSPORTATION FACILITIES, FUEL, ENERGY, LABOR OR MATERIALS.

17. LIMITATION OF LIBILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US ARISING OUT OF OR RELATING TO THE SERVICES IS TO STOP USING THE SERVICES, AND TO CANCEL YOUR ACCOUNT. IN NO CASE SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU HAVE PAID TO US FOR THE SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICES, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT WE OR OUR REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

18. Miscellaneous

You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
If any court of law having jurisdiction to decide on any matter rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms of Use. The remaining provisions of these Terms will continue to be valid and enforceable.
These Terms your relationship with us under these Terms shall be governed by the laws of Japan without regard to its conflict of law principles. You and we agree to submit to the exclusive jurisdiction of Tokyo District Court of Japan to resolve any legal issues arising from these Terms.
These Terms were written in English. To the extent any translated version of These Terms conflicts with the English version, the English version controls.

Established: April 1st, 2016
Revised: April 24th, 2018