(Version as of May 19, 2023)
This Terms of Use (hereinafter referred to as "these Terms") sets the terms of use for the video streaming system "OneStream" operated by ROOTTEAM, Inc. (hereinafter referred to as "the Company").
Applicants for the use of "OneStream" (hereinafter referred to as "the User") agree to these Terms when applying to use the video streaming system "OneStream".
Article 1 (Service Content)
1.
Based on these terms and conditions, the Company shall provide the following services (hereinafter referred to as "the Service") to the User:
a.
The service of converting video files, which the User holds the right to distribute over the Internet and has uploaded to the server designated by the Company, into a format that can be distributed on the web.
b.
The service of providing HTML embed tags for pasting a player onto a website specified by the User for viewing the video files converted by the above service.
c.
The service of streaming videos from a server designated by the Company on a website where the User has pasted HTML embed tags.
d.
The service of enabling the User to distribute videos to registered third parties only.
2.
When using the Service, the Company will issue a dedicated Master Administrator ID and password to the User in a predetermined manner. The User shall manage the issued Master Administrator ID and passwords at their own responsibility. Also, when using the Service, the User shall also manage the registration information of administrators and viewers set by the User at their own responsibility. The User shall be responsible for preparing necessary equipment, software, and communication means, and the Company shall not be involved in these installations, preparations, operations, etc., and shall not be liable for them.
3.
The capacity of the file that can be registered and the maximum monthly distribution volume shall be in accordance with the capacity stipulated in each contract plan defined in Article 4 of these Terms.
4.
If access exceeding the allowable capacity of the system provided by the Company to the User based on the defined upper limit is concentrated and affects the Company's other services, the Company can stop the distribution.
5.
For the Internet access necessary for using the Service, the User shall prepare necessary equipment, software, and communication means at their own responsibility and expense, and the Company shall not be involved in these installations, preparations, operations, etc., and shall not be liable for them.
Article 2 (Establishment of Usage Contract)
1.
The user (hereinafter referred to as "the party B") shall apply to use this service through the methods specified by us (hereinafter referred to as "the party A").
2.
When applying to use this service, the agreement of the party B to these terms and conditions is a prerequisite, and the usage contract for this service under these terms and conditions is established when the party A accepts the application for the use of this service from the party B.
3.
When the party A changes these terms and other usage conditions of this service, the party A shall notify the party B in advance by ① posting on the party A's website or ② by e-mail. However, in case of changes in usage fees and conditions, a separate effective date will be set.
Article 3 (Cancellation of Application)
The Company can reject the application for use by the user if any of the following reasons are recognized. Even if the application has been accepted once and an ID & password have been issued to the user, if any of the following reasons become apparent at a later date, the acceptance of the application can be canceled and the use of this service by the user can be suspended.
1.
If there are false statements in the registration content
2.
If it is recognized that the user has violated these terms in the past
3.
If it is recognized that the user has been delinquent in the payment of the usage fee for this service in the past
4.
If the user has caused disadvantage or damage to the company
5.
In other cases where the company judges that the purpose of use is improper or inappropriate
Article 4 (Fees and Payment Methods)
1.
The user (hereinafter referred to as "Party B") must select one of the contract plans set by us (hereinafter referred to as "Party A") when applying to use this service.
2.
The obligation to pay the usage fee (including optional fees) for this service continues as long as the service usage contract is valid.
Article 5 (Contract Period)
1.
The effective period of the contract for the use of this service is from the day the company (hereinafter referred to as "Party A") accepts the application for the use of this service by the user (hereinafter referred to as "Party B"), until the expiration date chosen by Party B at the time of the application. However, unless there is a change or cancellation request by Party B by the said expiration date, the service usage contract will be automatically renewed under the same conditions, and the same will apply thereafter.
2.
If the usage contract is not renewed, Party A can immediately stop providing the service and, after notifying Party B, can erase Party B's information within the server. Party A will not be responsible for any damage caused by such information erasure.
Article 6 (Switching Contract Plans)
The user (hereinafter referred to as "Party B") can change the contract plans and options during the term of this service agreement, according to the methods and conditions specified by us (hereinafter referred to as "Party A").
Article 7 (Prohibited Acts)
1.
The user (hereinafter referred to as "Party B") must not engage in the following actions when using this service:
a.
Actions that infringe or may infringe on the copyright of the Company (hereinafter referred to as "Party A") or a third party.
b.
Actions that infringe or may infringe on the property, privacy, etc. of Party A or a third party.
c.
Actions that defame, insult or harm the honor or credit of Party A or a third party, or actions that may do so.
d.
Uploading videos to the server provided by Party A that are obscene, violent, nuisance, criminal or against public order and morals, or actions that may do so.
e.
Actions that cause or may cause disadvantage or damage to Party A or a third party.
f.
Actions that violate the law on prevention of unauthorized access, etc., actions that correspond to crimes of damaging electronic computers, etc. and obstructing business (Penal Code Article 234, paragraph 2), actions that violate laws or lead to violation of laws, or actions that may do so.
g.
Actions that perform unauthorized operations on computers owned by Party A and others.
h.
Registering false information.
i.
Using this service with a user ID other than the dedicated user ID issued by Party A to Party B.
j.
Providing all or part of this service to a third party without the written consent of Party A.
k.
Actions that lend, transfer, pledge to a third party, or similar actions, regardless of whether they are for profit.
l.
Deliberately modifying HTML embed tags and tampering with other information that can be used in this service.
m.
Uploading video files intended for subliminal effects.
n.
Uploading video files exceeding a certain data capacity set by Party A and actions that put excessive load on the server provided by Party A, or actions that may do so.
o.
Using the service in the same way as after the conclusion of this contract while in trial use.
2.
If Party B performs any of the prohibited acts in the preceding paragraph, Party A may stop providing the service to Party B, and Party A shall not be responsible for any damage caused to Party B by this.
Article 8 (Temporary Suspension or Termination of Service)
1.
The Company (hereinafter referred to as "Party A") may temporarily suspend or terminate all or part of this service for the user (hereinafter referred to as "Party B") in the following cases:
a.
When it is necessary for the retention of equipment or unavoidable due to construction for the provision of this service.
b.
When a disruption or interruption has occurred in the provision of communication lines, electricity, etc. that Party A uses.
c.
When the provision of service has become significantly difficult due to natural disasters or other force majeure.
d.
In other cases where Party A determines it is desirable to stop all or part of the service provision.
2.
If the provision of this service is stopped for more than 24 hours, this state will be referred to as a "service stoppage state", and when a service stoppage state occurs due to a reason attributable to Party A, the equivalent amount of the usage fee during the service stoppage state (the amount calculated on a prorated basis from the usage contract fee) will be deducted from the basic monthly fee that Party B should pay to Party A.
Article 9 (Representation, Warranty, and Disclaimer)
1.
Both Party A and Party B represent and warrant to each other the following matters:
a.
They are not organized crime groups, affiliated companies, or those equivalent to them (hereinafter collectively referred to as "antisocial forces").
b.
Their own officers (referring to employees executing business, directors, executive officers, or those equivalent) are not antisocial forces.
c.
They do not allow antisocial forces to use their name in concluding this contract.
d.
They will not engage in threatening behavior or violent acts against the other party, either by themselves or through a third party, or obstruct the other party's business with fraud or force, or act to damage the other party's credit.
2.
Party B shall represent and warrant that, in the case of copyrighted works distributed on this service, if the rights pertaining to the said works belong to a third party, Party B has obtained full permission from the said third party to distribute the said works under this service ag
Article 10 (Information Deletion)
1.
The Party B shall be responsible for all actions related to the use of this service by Party B, and shall manage the information transmitted via Party B's website. Party A is not obligated to investigate the content of such information.
a.
Despite the preceding clause, if Party A deems that the information or other content provided via Party B's website falls under any of the items listed below, Party A may, at its own discretion, delete them after notifying Party B (except in emergencies), and Party A shall not be responsible for any damage caused by this.
b.
If it falls under any of the items in each clause of Article 7
c.
If Party A deems it necessary for maintenance management
d.
If the amount of information and the like exceeds the specified recording capacity
e.
In other cases where Party A deems necessary
Article 11 (Ownership of Rights)
The intellectual property rights related to this service, excluding copyrights or neighboring rights, etc. of the content uploaded by the user (Party B), including content converted by us (Party A) according to Article 1, Clause 1, Item 1, belong to us (Party A). This includes intellectual property rights related to feature developments, customizations, etc. that Party B commissions to us and we undertake. Except for rights explicitly granted under these Terms, no rights related to this service of Party A are granted or transferred to Party B.
Article 12 (Personal Information)
The company (hereinafter referred to as "Party A") shall handle the personal information of the user (hereinafter referred to as "Party B") and Party B's customers as necessary for providing this service, acting as an agent for Party B. Party A will implement necessary safety measures for handling such personal information.
Article 13 (Disclaimer)
1.
The company (hereinafter referred to as "Party A") shall not be held responsible for any damage resulting from the elimination of all information, including video files uploaded by the user (hereinafter referred to as "Party B"), regardless of the reason.
2.
In relation to the use of this service, should Party B cause damage to a third party, or a dispute arises between Party B and a third party, Party A shall not assume responsibility towards Party B and the third party. However, this does not apply when the damage or dispute arises from a cause attributable to Party A.
3.
Party A shall not be held responsible towards Party B in the event of any of the following occurrences:
a.
Modification, interruption, suspension, stopping, or discontinuation of this service.
b.
Delays, non-delivery, loss, disappearance, alteration, or character corruption, etc., of emails sent via this service.
c.
Loss, leakage, alteration, or character corruption, etc., of email, email addresses, and other various data registered on the server specified by Party A.
d.
Leakage of the Master Administrator ID, password, and registration information set by Party B for administrators and viewers to a third party, and the use of this by a third party, resulting in loss or damage to Party B.
e.
Any other damage occurring to Party B and a third party in relation to this service.
4.
Party A is not obligated to respond to complaints and inquiries from third parties regarding this service. However, Party B may request cooperation from Party A in order to respond to complaints and inquiries from third parties regarding this service.
Article 14 (Prohibition of Transfer of Rights)
The user (Party B) shall not lend, transfer, provide as security, or engage in similar acts to a third party involving rights to use this service, without written consent from us (Party A).
Article 15 (Notification of Changes)
Both parties (hereinafter referred to as "Party A" and "Party B") must promptly notify each other of any changes to their name, address, or other details registered at the time of application.
Article 16 (Termination without Notice)
1.
Either Party A or Party B may immediately terminate the service usage contract during its validity period without notice if the other party falls under any of the following:
a.
When the payment for the use of this service is not made, or the creditworthiness of the other party has significantly declined.
b.
When they receive a business license cancellation, business suspension, or similar disposition from regulatory authorities.
c.
When they have received dishonor of a bill or a check they have issued or when they have reached a state of payment suspension.
d.
When they have initiated bankruptcy proceedings, civil rehabilitation proceedings, special liquidation proceedings, corporate rehabilitation proceedings, or when facts related to similar proceedings have arisen.
e.
When their asset condition has drastically deteriorated due to provisional attachment, provisional disposition, or forced execution by a third party.
f.
When they have dissolved.
2.
Both Party A and Party B, when the other party violates these terms (excluding when Party B does not pay for the use of this service), can set a reasonable period to correct the violation and can terminate the service usage contract if the violation is not corrected even after the period has passed.
3.
If the termination cause specified in the two preceding paragraphs is due to a reason attributable to Party B, all debts Party B owes to Party A will be naturally due.
Article 17 (Measures after Contract Termination)
1.
Party B, when the service usage contract is terminated, must delete the content uploaded up to the contract termination. Even after contract termination, if the content is not deleted, Party A may delete it at their discretion.
2.
Party B's obligations under the usage contract do not cease even when the usage contract is terminated until all obligations are fully performed.
Article 18 (Damages)
1.
If the Company (hereinafter referred to as "Party A") causes damage to the User (hereinafter referred to as "Party B") due to reasons attributable to Party A in providing this service, Party A shall be responsible for compensating for such damage unless otherwise stipulated in these Terms.
2.
The maximum amount of compensation for the damage in the previous clause shall be the total amount of the monthly service fee and optional usage fee that Party B has paid to Party A within six months from the day the said cause occurred.
3.
The provision of the previous clause does not apply if there is intentional or gross negligence on the part of Party A.
Article 19 (Governing Law)
These Terms shall be governed by and construed in accordance with the laws of Japan.
Article 20 (Jurisdiction)
In case of any dispute arising out of these Terms between Party A and Party B, the Tokyo District Court or the Tokyo Summary Court shall be the exclusive court of first instance.
The End
ROOTTEAM, Inc.
Postal Code: 164-0013, Address: 2-41-17 Yayoi-cho, Nakano-ku, Tokyo, Tokyo Contents Incubation Center 208
CEO, Hiroki Sawai