View Studio User Agreement

These Terms of Use (hereinafter referred to as the "Terms of Use") set forth the terms and conditions for providing View Studio (hereinafter referred to as the “Service") and the rights and conditions between you the User and Atmoph Inc. (hereinafter referred to as the “Company”).  In order to use this Service, these Terms of Use must be read in entirety and agreed to.

1. (Contents of the Service)

This Service processes and delivers video content uploaded by the User in order that it can be played on “Atmoph Window,” “Atmoph Window 2” or any compatible products (new models released in the future by the Company). It also provides the necessary functions for uploading this video content.

2. (Requirements for use of the Service)

You must be 18 years of age or older to use the Service.

3. (Privacy Policy)

Our Company Privacy Policy details how the information you provide to us when you use the Service will be handled, and you agree to this Privacy Policy on using the Service.

4. (On the Contents uploaded by the User and their reuse)

1. The copyright of the video uploaded by the customer belongs to the customer. However, the User grants the Company worldwide, non-exclusive, royalty-free license to, only by means possible through features of the Service, reproduce, distribute, create derivative works from, display, and perform the content.  
2. The User agrees that the Company, in order to process your video into a form suitable for use in the Service, may, at its discretion, reproduce and process (change video format, change size, crop, etc.)  User videos.
3. We the Company may distribute videos uploaded by you the User to other users. In this case, you also grant other users of the Service worldwide, non-exclusive, royalty-free license to access videos through the Service and to use the content only by means possible through features of the Service, including reproduction, distribution, creation of derivative works, display, and performance.
4. The User will not exercise moral rights as creator with respect to the use, utilization, or implementation of the video within the scope of the license granted to the Company (and granted to other users if the video is distributed to other users in accordance with the preceding paragraph).
5. The Company reserves the right to edit or modify the information accompanying the video, such as the video title and description, at our discretion, and you the User agree to this.

5. (Video Monitoring)

1. The Company and third parties entrusted by the Company shall have the right, in their sole discretion, to monitor whether you the User are using the Service in accordance with these Terms of Use and any and all terms and conditions stipulated by the Company (hereinafter referred to as the "Terms of Use, etc.”), to the extent that such monitoring does not violate confidentiality of information. 
2. The Company may ask you the User questions regarding video content, etc., as necessary, and the User agrees to cooperate with the Company in this case.

6. (Prohibited Items)

1. You the User must not upload any video content, text, etc. that falls under the following:
1. Infringes the property, copyright, or portrait rights of a third party.
2. That which unfairly discriminates or defames a third party.
3. That is offensive to public order and morals.
4. That contain programs not intended to be enjoyed as image content.
5. Content that is not video or still images.
6. That not deemed by the Company to be scenery.
7. Any other content that the Company deems unsuitable for playback.
2. If it is confirmed that a video or text has been uploaded that falls underhand of these listed items, the Company may suspend the distribution of the video or text uploaded by the User without prior notice to the customer, and may also suspend the User’s account.

7. (Disclaimer)

1. Except as required by law, the Service is provided on an "as is" basis and we make no specific promises or guarantees with respect to the Service. For example, we make no promises or guarantees regarding: (i) the videos provided through the Service; (ii) any specific features of the Services (including the time required to process uploads) or; (iii) that the uploaded videos by the User can be accessed by the Service.
2. We do not guarantee the permanent preservation of any video or text uploaded by the User. We will not be held responsible for any loss of video or text content for any reason.
3. In the event that content for which you hold the copyright is uploaded by a third party, we the Company will investigate and, if necessary, suspend distribution in response to your report, however the Company is not liable to compensate the User for any damages resulting from such an event.
4. Our total liability to the User shall be limited to the amount we the Company have received from you in the twelve (12) months prior to the date you notify us in writing of your claim.

8. (Changes to these Terms)

The Company reserves the right to modify these Terms of Use as deemed necessary by the Company. In the event of a change to the Terms, the Company shall notify the User of the effective date and content of the changed Terms by posting a notice on the Company's website or by other appropriate means. However, in the case of a change in the content that requires the consent of the User under law, User consent shall be obtained via a means prescribed by the Company.

9. (Contact/Notification)　

1. Inquiries and other communications or notifications from the User to the Company regarding the Service, as well as notifications regarding changes to the Terms and other communications or notifications from Company to the User, shall be undertaken by means determined by the Company.
2. When a contact or notice is sent to the email address or other contact information provided by the User to the Company, the User shall be deemed to have received said contact or notice.

10. (Assignment, etc. of Status under the Service Use Agreement)

1. You the User may not assign, transfer, grant a security interest in, or otherwise dispose of your position under the Service Agreement or your rights or obligations under these Terms of Use to any third party without the prior written consent of the Company.
2. In the event that the Company transfers the business related to this Service to another company, the Company may transfer the status of use and the rights and obligations under the Terms of Use, as well as the User’s registration information, videos, texts, and other User information to the transferee. The customer shall be deemed to have agreed in advance to any such a transfer. Moreover, the business transfer set forth in this section shall include not only ordinary business transfer, but also corporate divestiture or any other case in which business transference takes place.

11. (Severability)　

Even if any provision of these Terms of Use, or any part thereof, is determined to be invalid or unenforceable under consumer contractural laws or other laws and regulations, the remaining provisions of these Terms of Use and the remaining valid portions of any provision that is determined to be invalid or unenforceable shall continue to be in full force and effect.

12. (Governing Law and Court of Jurisdiction)

1. These Terms of Use and the Service User Agreement shall be governed by the laws of Japan.
2. While these Terms are provided in various languages, the Japanese version shall prevail.
3. The Kyoto District Court shall be the exclusive court of first instance for any and all disputes arising out of or related to these Terms of Use or the Service User Agreement.