GUIDELINE

Atchmo License Agreement

This Software License Agreement (hereinafter referred to as “this Agreement”) sets forth the terms and conditions regarding the use of the software “Atchmo” (hereinafter referred to as “this Software,” as defined in Article 1) provided by NTT QONOQ, Inc. (hereinafter referred to as “the Company”) between the Company and the customer using this Software (hereinafter referred to as “the User”).

The User who intends to use the Software must carefully read each provision of this Agreement before downloading and installing the Software.

If the user does not agree to these terms and conditions, the user may not use this software. By starting the installation of the Software, the User is deemed to have agreed to these Terms. If the User is a minor, the User must obtain the consent of a legal representative such as a person with parental authority (including consent to these Terms and Conditions) before downloading and using the Software. If the User is a minor, the User shall download and install the Software after obtaining the consent of a legal representative such as a person with parental authority (including consent to these Terms). If the User, who was a minor at the time of consenting to this Agreement, uses the Software after reaching the age of majority, the User shall be deemed to have given his/her consent to use the Software while still a minor.

1.Definitions

The following terms used in this Agreement shall have the meanings set forth below

  • (1) “Software” means the software “Atchmo” provided by the Company, including the Services and Contents provided through the Software.
  • (2) “Services” means the services provided through the Software.
  • (3) “Content” means text, symbols, text, sound, music, images, video, software, programs, code, and other information.
  • (4) “Content” means Content that can be accessed through the Services. This includes Live Events.
  • (5) “Live Event” means various events held on the Service.
  • (6) “Intellectual Property Rights” means patent rights, utility model rights, design rights, copyrights, trademark rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights). (9) “This Agreement” means “this Agreement”.
  • (7) “Agreement” means the agreement between the user and the Company concerning the use of the Software, including the terms and conditions of this Agreement.
  • (8) “Official Site” means https://atchmo.com/ (in case the URL is changed, the URL after the change) and the sites under https://atchmo.com/ where information regarding the Software is posted, as well as the Company's homepage https://www.nttqonoq.com/ and the sites under https://www.nttqonoq.com/. The Company's homepage and the sites under the homepage shall be considered as the Official Sites.
2.Modification of Terms of Use
  • (1) the Company may change these Terms of Use or individual terms and conditions by obtaining the consent of the User in a manner prescribed by the Company.
  • (2) in addition to the preceding paragraph, in the following cases, the Company may change the Terms of Use without agreeing with the user individually, in accordance with Article 548-4 of the Civil Code. In the event of modification of the Terms of Use pursuant to this paragraph, the Company shall publicize the fact that the Terms of Use have been modified, the contents of the modified Terms of Use, and the effective date of the modification by posting the modification on the official website or by other means determined by the Company. In the event that the Terms of Service are modified in accordance with the second item of this paragraph, the Company shall make this paragraph known to the public before the effective date of the modification arrives.
  • [1] When the modification of these Terms of Use is in the general interest of users.
  • [2] The modification of the Terms of Use is not contrary to the purpose of this Agreement and is reasonable in light of the necessity of the modification, the reasonableness of the modified contents, the details of the modification, and other circumstances pertaining to the modification.
3.Functions of the Software

The Software is software that provides functions for viewing VR contents provided by the Company (hereinafter referred to as “the Functions”). The Software is software that provides functions for viewing VR content provided by the Company (hereinafter referred to as the “Functions”). There may be limitations on the functions available depending on the performance of the terminal on which the software is installed, the performance of the VR device connected to the terminal, and the quality of the Internet connection.

4.Fees
  • (1) the Software is subject to the terms and conditions of this Agreement or the platform of a third party used to provide the Software (hereinafter referred to as the “Providing Platform,” which refers to “STEAM” and “Valve Corporation,” the operator of STEAM). You may install and use the Software free of charge, except as otherwise provided or indicated in this Agreement.
  • (2) If you use the Services or the Content provided for a fee (the “Paid Content”), you must pay for the use of the Paid Content in accordance with our terms and conditions. In the event that the User uses the Service or the Content (“Paid Content”) provided for a fee, the User shall pay the fee in the amount determined by the Company by the time determined by the Company, and shall not pay the fee by any other method other than the method determined by the Company. In addition, the Company will not refund any usage fees already paid, regardless of the reason.
  • (3) If a dispute arises between a user and a payment processor regarding payment of usage fees for paid content, the dispute shall be handled and resolved between the user and the processor, and we shall not be liable for any damages or other disadvantages suffered by the user in connection with the dispute. However, in cases where the provisions of Article 15 apply, the provisions of Article 15 shall apply.
  • (4) If you are a minor, you must obtain the prior consent of your legal representative before purchasing, consuming, or otherwise using the Paid Content. 5.
  • (5) the price, specifications, and other details of the Paid Content, as well as the termination of the provision of the Paid Content, may be determined by the Company or a third party designated by the Company at its discretion, and may be changed at any time. The Company shall not be liable for any damage or other disadvantage incurred by the User in connection with such changes.
  • (6) User shall not transfer, lend, share, etc. the paid content to any third party except in the manner designated by the Company.
5.Use of the Software
  • (1) the Usage Agreement between the User and the Company shall come into effect when the User downloads and installs the Software in accordance with the instructions and provisions of the Platform.
  • (2) The Company grants the User a non-exclusive, non-transferable, and non-sublicensable right to install and use the Software on one or more computer devices that are compatible with the Software during the term of this Agreement.
  • (3) You may view or otherwise use the Software only under the terms and conditions set forth herein and within the scope of the functions and services currently provided by the Software, and you may not reproduce (except for personal use), adapt, publicly transmit or otherwise use the Software except as otherwise permitted by us. You may not reproduce (except for personal use), adapt, publicly transmit, or otherwise use (including posting on any SNS or other service or website provided by a third party) the Software in any manner whatsoever, except as otherwise permitted by the Company. You may not use the Software for any purpose other than your own personal use.
  • (4) All rights of the User pertaining to the SOFTWARE shall terminate, regardless of the reason, upon termination of the user account of the Platform, restriction of the functions to use the SOFTWARE in the user account of the Platform, or termination of this User Agreement. In the event that a user account on the Provided Platform is inadvertently deleted or otherwise terminated, or for any other reason, the Company shall not be obligated to retain the user account or any other data, and shall not be obligated or otherwise liable to restore such data.
  • (5) Users shall use the Software in accordance with the terms and conditions of use and privacy policy stipulated by the Platform, as well as the terms and conditions of this Agreement, privacy policy, and other regulations stipulated by the Company.
6.Network Authentication
  • (1) User shall perform network authentication of the SOFTWARE in accordance with the method separately stipulated by the Company.
  • (2) User agrees in advance that if the network authentication in the preceding paragraph is not completed successfully, User will not be able to start up or use the Software for any reason whatsoever.
  • (3) The Company shall not be liable for any damage incurred by the User due to the inability to start up or use the Software in accordance with the preceding paragraph. However, in the event that the provisions of Article 15 apply, the provisions of Article 15 shall apply.
7.Update of the Software
  • (1) the Company may provide updated versions of the Software for the purpose of changing the contents of the Software, expanding its functions, adding contents, or fixing bugs. In such cases, this Agreement shall also apply to such updated version.
  • (2) In principle, the updated version of the Software will be provided free of charge, but if we, at our discretion, decide to provide the updated version for a fee, the updated version will be provided for a fee.
  • (3) The updated version of the Software may be installed automatically, and the User agrees to this in advance.
  • (4) The provision of updated versions of the Software shall be made at the sole discretion of the Company, and the Company shall not be obligated to provide updated versions to the User.
8.Advertisements

The Company may place advertisements regarding the Company's or a third party's products or services on the Service, and the User agrees to such advertisements in advance.

9.Prohibited Acts

Users shall not engage in any of the following acts in connection with the Service

  • (1) Acts that violate laws, regulations, or public order and morals.
  • (2) Acts that cause disadvantage or damage to the Company or third parties.
  • (3) Re-providing the Service to a third party, whether for a fee or free of charge, without the prior permission of the Company.
  • (4) infringes the intellectual property rights or other rights of the Company or a third party
  • (5) Unauthorized access to computers, websites, telecommunications equipment, etc. operated by the Company or a third party, cracking, attacking, obstructing communications, intercepting communications, or using the Service in a manner that interferes with computers, websites, telecommunications equipment, etc. operated by the Company or a third party. Acts of using the Service in a manner or manner that interferes with computers, websites, telecommunications facilities, etc. operated by the Company or a third party, or acts such as posting information that recommends, solicits, benefits, cooperates, facilitates, promotes, or abets such acts.
  • (6) Unauthorized use or theft of user information, registration information, or account information.
  • (7) Use of the Software by impersonating another person (including, but not limited to, the use of another person's user account on the provision platform).
  • (8) Acts of collecting, duplicating, falsifying, or deleting information accessible from the Service beyond the intended use of the Service.
  • (9) Actions that place an excessive burden on the operation of this service or otherwise interfere with the operation of this service.
  • (10) Disassembling, disassembling, decompiling, reverse engineering, or otherwise deciphering the source code of any program included in the Service.
  • (11) Use of the Service for a purpose different from the intended use of the Service, or use of the Contents beyond the intended use of the Service (including acts of reproduction, transmission, reprinting, modification, etc.). Any other act that is not reasonably necessary for the Company's operation.
  • (12) Any other acts that the Company reasonably deems inappropriate.
10.Interruption or Suspension of the Software
  • (1) the Company may interrupt or suspend the provision of all or part of the Software when the Company determines that any of the following events has occurred
    • [1] In the event of earthquake, fire, lightning, wind, flood, tsunami, snow or other natural disaster, power outage, power failure, inevitable accident, legal regulation, administrative guidance, administrative disposition, court order, war, terrorism, civil war, riot, epidemic, or other causes beyond our control or other force majeure, it is difficult to continue providing this SOFTWARE. If it is difficult to continue to provide the Software due to force majeure.
    • [2] When it is necessary to perform maintenance or construction work on the SOFTWARE or on facilities, equipment, systems, programs, etc. necessary for the provision of the SOFTWARE.
    • [3] In the event of failure or malfunction of the Software or facilities, equipment, systems, programs, etc. necessary for the provision of the Software; or
    • [4] In any other cases where the Company deems it necessary to suspend provision of all or part of the SOFTWARE. 2.
  • (2) In the event of interruption or suspension of provision of all or part of the SOFTWARE in accordance with the preceding paragraph, the Company shall notify the User in advance. However, this shall not apply in case of emergency.
  • (3) Except as otherwise provided by law or otherwise in these Terms and Conditions, the Company shall not be liable to the User or any other party for the suspension or discontinuation of the Software.
11.Change and Abolition of the Software
  • (1) User acknowledges that the specifications, functions and other contents of the Company's services (including but not limited to the Live Ticket, the same hereinafter in this Article), including the Software, are subject to change without notice.
  • (2) User shall not make any monetary or other claim against the Company in the event of any change in the specifications, functions or other content of the Company's services, including the Software, regardless of the name of such change.
  • (3) the Company may discontinue all or part of the Software. In this case, the Company shall notify or make known the date of discontinuance to the User in advance by any method the Company deems appropriate. However, this shall not apply in case of emergency or unavoidable circumstances.
  • (4) In the case of the preceding paragraph, this Service Agreement shall naturally terminate on the date of discontinuance as far as such discontinuance is concerned.
  • (5) SOFTWARE shall not be liable for any damages incurred by the User due to modification or discontinuation of all or part of the SOFTWARE, or termination of this Service Agreement in accordance with this Article.
12.Burden of Equipment, etc.
  • (1) the preparation and maintenance of computers, VR glasses and other equipment, software, communication lines and other communication environment, etc. necessary to receive the Software shall be at the User's own expense and responsibility.
  • (2) User shall, at User's own cost and responsibility, take security measures to prevent computer virus infection, unauthorized access, and information leakage according to User's environment for using the Software.
13.Our Responsibility
  • (1) The Software, the Services, and the Content are provided on an “AS IS” and “AS AVAILABLE” basis. We make no warranty of fitness for a particular purpose, commercial usefulness, completeness, reliability, accuracy, continuity, safety, or any other kind with respect to any of these items.
  • (2) Although the Software is intended to operate as long as it meets the specifications for the terminal and other specifications separately set forth by the Company on its official website, the Company does not guarantee that the Software will operate in an environment that meets such specifications. We also do not guarantee that the Software will operate properly in other hardware or other operating environments.
  • (3) Even if you have obtained any information directly or indirectly from us regarding the Service, the Official Site, other users of the Service, or other matters, we make no warranty of any kind to you beyond what is stipulated in these Terms of Use.
  • (4) The Service may be linked with services provided by third parties (hereinafter referred to as “External Services”). However, such linkage is not guaranteed, and the Company shall not be liable for any failure of the Service to link with External Services.
  • (5) The Company does not guarantee in any way that the use of the Service by the User will conform to the laws and regulations applicable to the User.
  • (6) Any transactions, communications, disputes, etc. arising between a user and another user, a provider platform, or any other third party in connection with the Service or the Company's website shall be handled and resolved at the responsibility of the user, and the Company shall not be liable for any such matters. However, if this Service Agreement between a user and the Company constitutes a consumer contract as defined in the Consumer Contract Act, the Company shall assume responsibility in accordance with the provisions of Article 14.
  • (7) The Company shall not be liable for any interruption, suspension, termination, unavailability, or modification of the Service by the Company, deletion or loss of user messages or other information, cancellation of user registration, loss of data or breakdown or damage to equipment due to use of the Service, or any other damages incurred by the user in connection with the Service, The Company shall not be liable for any compensation for damages incurred by the User in connection with the Service.
  • (8) Even if the Service provides links to other websites (excluding official websites) or services, or links from other websites or services to the Service, we shall not be liable for any information obtained from such websites or services. or services from the Service, or links to the Service from other websites or services, the Company shall not be liable for any information obtained from such websites or services or information obtained from such websites or services.
  • (9) The Company shall not be liable for any damages incurred by the User in connection with the Software, the Service, or the Contents. However, in the event that the provisions of Article 15 apply, the provisions of Article 15 shall apply.
14.User's Liability for Compensation, etc.
  • (1) User shall indemnify and hold Company harmless from any damages caused by User's violation of these Terms of Use or in connection with User's use of the SOFTWARE.
  • (2) in the event that User receives a claim from, or has a dispute with, another User, a provider platform, or any other third party in relation to the Services, User shall immediately notify the Company of the details of such claim or dispute, handle such claim or dispute at User's expense and responsibility, and report the progress and results thereof upon request from the Company; and 3. in connection with User's use of the Service, User shall immediately notify the Company of the details of such claim or dispute.
  • (3) In the event that SBM receives any claim from another user, provision platform, or any other third party for infringement of rights or any other reason in connection with the use of the Service by a user, the user shall indemnify SBM for any amount that SBM is forced to pay to said third party based on said claim.
15.Application of Consumer Contract Law
  • (1) even if this agreement limits our liability for damages incurred by the user in relation to the software, the service, or the contents, if this agreement between the user and our company constitutes a consumer contract as defined in the consumer contract law, and if our company intentionally or negligently causes the user to suffer damages, our company shall not be liable to the user for such damages. In the event that a user suffers damages due to the intentional or negligent conduct of the Company, the Company shall be liable to compensate the user for such damages.
  • (2) Even in the case of the preceding paragraph, if the damage was caused by our company's slight negligence, our company's liability for compensation shall be limited to the higher of the total amount of usage fees actually received by our company from the relevant user as compensation under this agreement during the past 6 months from the time the damage occurred, or 500 yen. The maximum amount shall be the higher of the total amount of usage fees actually received by the Company from the relevant User as consideration under these Terms and Conditions or 500 yen.
16.Ownership of Rights

All ownership and intellectual property rights pertaining to the Software, the Services, the Contents, all websites related to the Software, the contents that comprise the Software, and any other elements belong to the Company or a third party. The license to use the Software under this Agreement does not imply the transfer of intellectual property rights or the granting of any license other than to the Software, except as expressly provided in this Agreement. User shall not, for any reason whatsoever, engage in any conduct that may infringe upon the intellectual property rights of the Company or any third party.

17.Entire Agreement

This Agreement constitutes the entire agreement between the Company and the User with respect to the matters contained herein and supersedes all prior agreements, representations, and understandings between the Company and the User with respect to the matters contained herein.

18.Severability

If any provision of this Agreement or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of this Agreement and the remaining portion of any provision that is determined to be invalid or unenforceable shall remain in full force and effect, and neither the Company nor the User shall be liable for any damages arising from such invalidity or unenforceability. The Company and the User shall endeavor to amend the invalid or unenforceable provision or portion to the extent necessary to make it legal and enforceable, and to ensure that the intent and legal and economic effect of such invalid or unenforceable provision or portion are equivalent thereto.

19.Exclusion of Anti-Social Forces
  • (1) User represents and warrants that it does not, and will not in the future, fall into any one of the following categories.
    • [1] He/she is a Mafia, a Mafia member, a person who has been a Mafia member for less than 5 years, a Mafia associate member, a Mafia-related company, a special intelligence violent group, or any other person similar thereto (hereinafter collectively referred to as “Mafia Members, etc.”).
    • [2] In the case where the User is a corporation or other organization, the User must have a relationship in which it is deemed that a Mafia member, etc. controls the management of the User.
    • [3] Having a relationship with a Mafia member, etc. that is recognized as taking advantage of the Mafia member, etc., such as conducting transactions with the intent to gain an unfair advantage for oneself or a third party, or with the intent to cause damage to a third party.
    • [4] Having a relationship that is recognized as being involved, such as providing funds, etc., or offering favors, etc., to a Mafia member, etc.
    • [5] In the case of a juridical person or other organization, its own officers or persons substantially involved in its management must have a socially reprehensible relationship with a Mafia member, etc.
  • (2) The User warrants that he/she or a third party will not engage in any of the following acts.
    • [1] Violent demanding behavior.
    • [2] Unreasonable demands beyond legal responsibility.
    • [3] Acts of threatening words or deeds or using violence in connection with transactions.
    • [4] Any act to damage the Company's credibility or obstruct the Company's business by spreading false rumors, using deceptive means, or using force.
    • [5] Any other acts similar to the preceding items.
20.Governing Law and Dispute Resolution
  • (1) The Terms of Use and this User Agreement shall be governed by and construed in accordance with the laws of Japan.
  • (2) The original version of these Terms and Conditions is the Japanese version. The Japanese version shall prevail even if an English version or other translated version has been prepared for reference.
  • (3) In the event of any dispute arising between a user and the Company in connection with or relating to the Terms of Use or the User Agreement, the Tokyo District Court or the district court having jurisdiction over the address of the user shall be the court of exclusive jurisdiction of the first instance.
21.Other Precautions

It is said that viewing VR contents may affect the development of vision, such as strabismus, etc. If you are under 13 years old, please refrain from using this service, or at least obtain the consent of a parent or guardian and take appropriate breaks while using the service under the responsibility of the parent or guardian. We ask that you refrain from using this service if you are under 13 years of age.