1. This agreement applies to the use of the service, “Vision Simulator EyesArc” (hereinafter “the Service,” including content provided thereof) provided by Non-Profit Organization, EyesArc for Protecting Eyes from Ultraviolet Rays (hereinafter “the Organization”), including the processing and managing of ophthalmology content, and platform services (including the providing and operation of a portal website, a smartphone app, and a distribution management server). This agreement shall apply to all users of the Service (hereinafter “Users”) and constitute the contract between Users and the Organization.
2. Users may use the Service on their devices for a fee, provided they accept, and faithfully observe, all the terms of this agreement. However, all equipment, software, and communication environments such as communication lines necessary for using the Service must be prepared by the Users at their own expense and responsibility. The Organization shall not be involved in any way whatsoever in providing the required environment for using the Service.
3. The Service may only be used by those who agree to the terms of this agreement, and register as Users on the Organization’s website.
4. The Service shall only be used for the purpose of giving explanations to patients, and not for providing any other medical service including examinations and treatments.
The definitions of the terminology used in this agreement shall be as follows:
(1) “This Site”: The portal website through which the Organization distributes this content.
(2) “This App”: The smartphone app through which the Organization distributes this content.
(3) “This Server”: The server onto which the Organization uploads content for the Service, and manages it, as well as distributes it via This Site and This App.
(4) “This System”: The system, including This Server, that the Organization has established and operates for the purpose of providing This Service.
(5) “This Content”: All computer graphics, images, programs, text, documents and any other information uploaded onto This Server by the Organization.
The details of this agreement are subject to amendments as necessary without notification to Users. Users are asked to check the latest terms of the agreement posted on This Site when using the Service.
When Users use the Service on a PC or tablet device (hereinafter “Devices”), they must not operate or focus on such Devices while driving a car, riding a motorcycle, riding a bicycle, or walking, as it is extremely dangerous. They must stop in a safe place before doing so. Moreover, note that focusing on the screen of a Device while driving or riding a vehicle may not only lead to accidents, but may violate the Road Traffic Law.
Users shall bear full responsibility for all actions and their consequences in using the Service. In the event of disputes or other issues arising from the actions of Users, the Users shall resolve them at their own expense and responsibility without inconveniencing the Organization in any way whatsoever.
1. All rights related to the Service (all intellectual property rights, property rights, publicity rights, etc., including ownership rights and copyrights) belong to the Organization or third parties that hold such rights (including municipalities).
2. Users are prohibited from using the Service for commercial purposes under all circumstances.
3. In the event of a problem arising due to a violation of the terms stipulated in paragraphs 2 and 3, Users must resolve the issue at their own expense and responsibility without causing inconvenience or damage to the Organization in any way whatsoever.
4. Users agree not to exercise the moral rights of authors (right of publication, right of attribution, and right to maintain integrity) against the Organization, third parties who have lawfully acquired rights from the Organization, or those who have inherited rights from such third parties, regarding any content that may constitute a copyrighted work.
Users are prohibited from engaging in the following acts or acts that may lead to the following in using the Service.
(1) Acts that infringe on the legitimate rights of the Organization or third parties, including copyrights, and all other intellectual property rights, portrait rights, and publicity rights (including acts of use such as reproduction, transcription, processing, modification, adaptation, and transmission).
(2) Acts involving the transfer, selling, renting, or sublicensing of This Content to third parties, regardless of whether for free or for a fee, without obtaining permission from the Organization.
(3) Unauthorized alteration or deletion of information relating to the Service.
(4) Reverse engineering, decompiling, or disassembling This Content, or engaging in similar acts.
(5) Removing, modifying, or bypassing technical protection measures that prevent unauthorized reproduction of This Content.
(6) Using or distributing malicious programs, such as computer viruses, through or in relation to the Service.
(7) All other acts deemed inappropriate by the Organization.
1. The Organization reserves the right to temporarily suspend or discontinue the provision or operation of all or a part of the Service or This System without prior notification to Users under any one of the following circumstances:
(1) In the event of a need for emergency inspections or maintenance work due to failures or malfunctions in the infrastructure, communication lines, etc., included in This System.
(2) In the event of the possibility of damage being incurred by the Organization, Users, or third parties, or damage being exacerbated as the result of continued provision or operation of the Service or This System.
(3) In the event of being unable to continue providing the Service or This System due to unavoidable circumstances, such as natural disasters or public health issues.
(4) In the event of the Organization deeming it necessary for operational or technical reasons.
2. Users shall not raise any objections whatsoever regarding the measures taken by the Organization concerning This Content. Furthermore, Users shall agree not to seek compensation for any damage incurred as the result of measures implemented by the Organization.
The Organization reserves the right to change the details of, or terminate, the Service at its own discretion. Furthermore, in the event of making significant changes to the details of, or terminating, the Service, the Organization shall notify Users at least one month prior to the effective date.
The Organization makes no warranties whatsoever regarding the matters described below. Furthermore, the Organization shall not be held liable for any responsibility related to the exchange or repair of information, This Content, etc., based on the following:
(1) That the Service meets the purposes or requirements of Users
(2) That the information provided through the Service is timely, accurate, legal, useful and complete (including This Content, posts made by Users, information stored on This Site)
(3) That interruptions, errors, bugs, defects, etc., shall not affect the functions of This App.
(4) That This App has not been infected by computer viruses or other harmful elements.
2. The Organization may suspend or discontinue the operation of the Service without prior notification under the following circumstances.
(1) Upon making regular or urgent changes to information, functions, or the system.
(2) Upon conducting regular or urgent inspections on the system or equipment.
(3) When provision of the Service cannot be maintained due to natural disasters, earthquakes, blackouts, public health issues, etc.
(4) When other unforeseen circumstances necessitate the suspension or termination of the Service.
3. In the event of suspending the Service based on the circumstances describe in the preceding paragraph, the Organization shall notify Users in advance on This Site. However, this may not be the case in the event of an emergency.
4. The Organization shall not be held liable for any of the following whatsoever:
(1) Damages incurred by Users due to discontinuation or suspension of the Service, or changes made to its details.
(2) Damages due to the devices, connections, software, and other environmental conditions of Users.
(3) Accidents or damages incurred by Users as the result of using This App.
(4) Damages incurred by Users due to damage to their devices, connections, software, etc., caused by downloads or viral infections from third party websites, including those of advertisers, via the Service.
(5) Damages incurred due to delays, changes, suspensions, terminations or discontinuation of the Service, or loss of information provided through the Service, and any other damages related to the Service.
(6) Damages incurred as the result of Users using third-party websites (including but not limited to charging, and purchasing goods) linked to the Service, operated by entities other than the Organization (including but not limited to advertisers).
(7) Other damages deemed inevitable by the Organization.
5. Other than the damages described in the preceding paragraph, the Organization shall not be held liable whatsoever for any physical or property damage incurred by Users in connection with use of the Service, except in cases of intentional or gross negligence by the Organization.
1. In the event of Users violating the terms of this agreement, or engaging in activities deemed inappropriate by the Organization in operating the Service, resulting in the incurring of damages by the Organization or a third party, the Organization may claim compensation (including legal fees) as required from Users, who must indemnify the Organization for all such damages at their own expense and responsibility.
2. The Organization reserves the right to seek an injunction against the Users’ actions based on the copyright law or other applicable laws and ordinances in the event of Users violating the terms of Article 6.
This agreement shall be governed by Japanese law, and all disputes arising from it or the Service shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court as the court of first instance.Furthermore, in the event of this agreement being translated into another language resulting in discrepancies between it and the Japanese version, the Japanese version shall take precedence.
1. Unless otherwise specified by the Organization, changes to the agreement shall become effective after a specified notification period upon being posted onto This Site, and the conditions of use of the Service shall be governed by the revised terms from that point onward.
2. If Users continue using the Service after the revisions come into effect, it shall be deemed by the Organization that they agreed to the changes made.
3. All other matters not explicitly stated in this agreement shall be reserved for the judgment of the Organization.
Enacted: September 1, 2020
Specified non-profit organization, EyesArc for Protecting Eyes from Ultraviolet Rays