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Terms and Conditions for Use of CATEYE Atlas

Article 1 (Purpose)

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.

3. In case the Company separately presents to the User the relevant terms of use and other similar matters relating to this Service, the contents of such terms of use etc. shall apply to the conduct of this Service with priority over these Terms.

Article 2 (Registration of Use of CATEYE Atlas)

1. In case the User fails to understand or disagrees with any portion in these Terms, such User shall not be allowed to use this Service, nor shall he/she be allowed to register for the use of this Service.

2. The User shall, after indicating that he/she agrees to these Terms, register for 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 refuse such registration of use, or cancel such registration of use once effected:

1. (1) In case the User makes any false notification of any relevant fact;
2. (2) In case the User or the payer threatens to fail to pay royalties for use of any royalty-charging portion of this Service;
3. (3) In case the User was in the past subjected to a disposition by the Company of cancelation of his/her registration of use for any reason attributable to him/her in connection with any agreement with the Company;
4. (4) In case the User causes a hindrance to the performance of any of the Company's business, or as any other technical hindrance thereof; or
5. (5) In case the User engages in any other activity which the Company deems inappropriate.

3. The User shall not effect another registration relating to the use of this Service, if and when he/she has already 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 in which any third party is allowed 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 multiple 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. (1) The User shall assume responsibility for any and all information which he/she personally registers, or publishes;
2. (2) The User shall understand and agree that any information furnished through this Service may sometimes be published by a third party other than the Company, and that the factuality and accuracy of the contents of such information are not guaranteed;
3. (3) The User shall understand and agree that, while the Company makes efforts to ensure that no information furnished by this Service shall include in it any inappropriate or illegal content, the Company shall not be obligated to comprehensively search for, or eliminate any such inappropriate or illegal information, and further that information that may cause the User to have any unpleasant or hateful feeling may exist on this Service;
4. (4) The Company makes efforts to ensure that no software or data furnished through this Service are affected by any 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 when using any such software or data.
5. (5) This Service is delivered in principle in the shape and condition in which it exists at the time such delivery was conducted. Although it is possible that a functional expansion or addition will be added, no guaranty shall be made in respect of the contents and timing of such expansion or addition.
6. (6) Access to the internet is required for the use of this Service. 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, means of communication and others similar preparations as required for the use of this Service. The Company shall play no part in such preparations, methods and other similar matters that are required for access to the internet.
7. (7) The Company in some cases helps its users at large in using this Service or any of the Company's products by answering various questions asked by such users during their use of this Service or any such product. However, 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 occur, such as an inappropriate use or operation of this Service or any of the Company's products.
8. (8) The User may post his/her own personal information on this Service, although this is not recommended by the Company. In this case, however, the User shall, on his/her own responsibility, make a 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 posted information being misused. The User may be deemed to understand and agree that there exists such risk in making such post, when he/she makes such post.
9. (9) This Service shall not be operated for the purpose of continuous preservation or storage of information. The Company shall not assume any responsibility for the maintenance or management of such information posted by the User in this Service, and the User shall, therefore, on his/her own responsibility continuously maintain or manage any of his/her posted information, even if and after he/she effects such inclusion.
10. (10) This Service has a built-in function for sending 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 Specified Commercial Transactions Act, the Act on Regulation of Transmission of Specified Electronic Mail and other applicable laws, ordinances and regulations pertaining to electronic mail.
11. (11) This Service may at any time during the effective period of these Terms be shifted to a royalty-charging service. The extent of such shift to a royalty-charging service is 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 posted in such portion of this Service may accordingly be eliminated, or this Service may be made accordingly unavailable to a certain extent.
12. (12) This Service is equipped with a function to work with other specific services which are operated by third parties 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 cooperating 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 such cooperating party. Even if and when a cooperating party's activities are not performed appropriately due to any restriction on such cooperating party's activities, any inappropriate connection between this Service and such cooperating party's service or any other trouble with the route of communication, the Company shall assume no responsibility for any such inappropriate activities or other similar problems. In case any cooperating party's service is used through the use of any built-in cooperating function of this Service, the relevant regulations or agreements for the use of such cooperating service shall strictly be observed by the User.
13. (13) 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 User as occasion demands. Any such information which is connected with any specific individual shall be handled as personal information.

Article 5 (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 seven (7) days after the day on which such notice is posted on the home page, in case such notice is posted in the home page.

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 (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 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 8 (Prohibited 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 the compensation for any damage or loss as caused by such act may be demanded in proportion to the degree of failure in the performance of these Terms:

1. (1) Any act to prevent the operation of this Service;
2. (2) Any act to violate any provision of these Terms;
3. (3) Any act to make any false statement as to any registered information;
4. (4) Any act contrary to public policy or good morals;
5. (5) Any act which is linked to, or threatens to be linked to any criminal act;
6. (6) Any act which violates, or threatens to violate, any law or any other regulation;
7. (7) Any act which defames, or injures the reputation of any other user, any third party or the Company;
8. (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 covered by mosaic, obscured, or otherwise artistic or not;
9. (9) Any act which threatens to fall under any definition of child abuse;
10. (10) Any act which is intended to lead to a meeting with a strange person of the opposite sex;
11. (11) Any act which threatens to adversely affect the mind and body of any underage person;
12. (12) Any act to post any information which is deemed, or threatens to be deemed, to be harmful to any person under age;
13. (13) Any act to assist, or otherwise encourage juveniles to run away from home;
14. (14) Any act to encourage any illegal betting or gambling;
15. (15) Any act to encourage any person to commit suicide;
16. (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 covered by mosaic, obscured, or otherwise artistic or not;
17. (17) Any act to induce any person to any one-click fraud site;
18. (18) Any act identical to, or similar to any act for medical treatment;
19. (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. (20) Any act which is, or threatens to be, in conflict with the Public Office Election Act or any other similar act;
21. (21) Any act to use this Service for the purpose of conducting any political or religious activities;
22. (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. (23) Any act to publish any third party's personal or privacy-related information;
24. (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. (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. (26) Any act which may cause the Company, any other user or any third party to have any trouble or any unpleasant feeling;
27. (27) Any act which is intentionally performed for the purpose of collecting any information on any other user:
28. (28) Any act to stalk any person in actual life or on the internet;
29. (29) Any act to illegally access the Company's server or other computer;
30. (30) Any act to send any harmful sentence, data, mail or computer program to the Company, any other user or any third party;
31. (31) Any act to use or notify any other user of the existence of any computer bug or other similar factor;
32. (32) Any act of creating/sending SPAM (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. (33) Any act to indiscriminately make friend applications;
34. (34) Any act to impose any remarkable burden on any server or network;
35. (35) Any act to accelerate, or encourage each action as mentioned above;
36. (36) Any act to post any link or address to a site where any forbidden matter under this Article is performed; or
37. (37) Any other act which the Company deems inappropriate

Article 9 (Notification of Changes)

In case any change or changes arise 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 prescribed 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 prescribed 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 paid by the Company (including attorneys' fees paid by the Company) in connection with the Company’s response to such claims or demands described 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 use of this Service, or likewise cancel the registration of use thereof without giving any notice to the User:

1. (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. (2) In case the User is subjected to any disposition, such as attachment, provisional attachment, provisional disposition or disposition for failure to pay taxes;
3. (3) In case a petition for commencement of procedures for bankruptcy, corporate rehabilitation. special liquidation, corporate reorganization and rehabilitation, specific mediation or other insolvency is filed against, or by the User;
4. (4) In case it is found that the User falls under any prohibited matter as specified in these Terms;
5. (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. (6) In case the Company deems it difficult for the User to operate, manage, and otherwise maintain his/her business hereunder; or
7. (7) In the case the User otherwise fails to discharge any of his/her obligations hereunder, and 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 posting of any information posted in this Service or the use of any account, or otherwise change the posting settings of such post, so that it may confirm that such posted information of the User is not in conflict with these Terms. Even if it is not confirmed that such posted information is in conflict herewith, such posted information may be deleted when the Company deems at its discretion that such posted information is probably in conflict with these Terms.

Article 14 (Deletion of Data etc., when Use of this Service is Terminated）

In case the use by the User of this Service is terminated, including any case where registration of the use of this Service is canceled at the User's request, or where use by the User of any account is suspended by the Company, or where this Service is ended or terminated, or where 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 deleted, 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 on 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 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 operation 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 of 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 of use of this Service:

1. (1) In case it is unavoidable for the maintenance or construction of any equipment needed to offer the use of this Service;
2. (2) In case it is deemed impossible to offer this Service for reasons due to any telecommunications company or for any other unavoidable reason of the Company;
3. (3) In case there arises any trouble with any of the User's terminals or connecting lines, or with any part of the Company's systems;
4. (4) In case it is required to make any system-, software- or program-related amendment, improvement or renewal of this Service; or
5. (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)

The User shall accept and understand in advance that the Company shall handle any personal information of the User in accordance with the Company's Privacy Policy.

Article 19 (Use of Information)

1. The Company may as occasion demands inspect any of the User's registered or various posted information.

2. The Company may use any of the User's registered or various posted information for the purpose of promoting and improving the use of this Service and introducing the use of any of the Company's products, and further for the purpose of using it as part of 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 or other applicable laws and ordinances.

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 conditions that suggest as if such information had been developed personally by the Company.

4. The Company may, if and when it is requested by a 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 posted 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 the contents included therein (no matter whether in whole or in part).

4. The User shall agree in advance 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 from using any of the contents, including 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 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 the expiration of the effective period, refusal of renewal of registration, termination of registration, forfeiture of qualification, cancellation of registration, or for any other reason whatsoever, 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. (1) Use or non-use of this Service;
2. (2) Expenses payable for transactions which have been conducted 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. (3) Any illegal access or change to any of the User's contents;
4. (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. (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 grounds for which the User is 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, the 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 the 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.

Supplementary provisions

These Terms were implemented on April 9, 2019.