Terms of Use

These Terms of Use (hereinafter referred to as the “Terms of Use”) set forth the terms and conditions for use of Experience Sharing (hereinafter referred to as the “Service”) provided by Experience Sharing Inc. (hereinafter referred to as the “Experience Sharing”) between the user of the Service (hereinafter referred to as the “User”) and Experience Sharing.

Article 1 Agreement to Terms of Use

  1. The User shall be deemed accountable to have agreed to the Terms of Use by using or accessing any part of the Services.
  2. Any minor who desires to become a member of the Service shall obtain consent from his or her parent or guardian prior to membership registration and each use of the Service. Also, in the event that any User who has agreed to the Terms of Use for the minor that uses the Service after said minor becomes adult, the minor’s parent or guardian shall be deemed to ratify usage while the User while still a minor.

Article 2 Change of Terms of Use

  1. We reserve the right to revise, amend, change or update the Terms of Use according to what is needed without prior notice to the User, or prior consent from the User.
  2. We notify any revision, amendment, change or update of the Terms of Use by posting the latest version of the Terms of Use in the Service and notification of revision of Terms of Use on the Service.
  3. The revised Terms of Use shall be in effect once posted on the Service and the User shall be deemed to have agreed to the latest version of the Terms of Use upon his or her use of the Service.

Article 3 Service

  1. Through the User’s membership registration(hereinafter referred to as the “Member”)., the User shall be entitled to post and sell 360-degree movies with  one-minute or less duration (hereinafter referred to as the “Content”). And You can purchase support points (hereinafter referred to as "Points") which can use within this service and give points to your favorite Content..
  2. We are entitled to determine at our own discretion the sales method of the Content including but not limited to purchasers, prices, Points, calculation methods of royalties and the amount thereof and User shall agree to these conditions.
  3. We reserve the right to change, suspend or discontinue all or part of the Service without prior notice to the User, or prior consent from the User, and without any liability to the User.
  4. We reserve the right to delete or change the Content provided by the User or any information associated thereto, should we consider it necessary, without prior notice to the User, or prior consent from the User, and without any liability to the User.
  5. Experience Sharing cannot guarantee, or accept any responsibility or liability for the accuracy or completeness of the Content provided on the Service, titles, captions or information incidental thereto including but not limited to the indications about the status of copyright, portrait right, right of publicity, or any other proprietary rights in the Content. Upon submitting the Content and information to the Service, or upon purchasing and using the Content, each User, the User shall comply with the Terms of Use and take all responsibility.

Article 4 Right of the Service and Content

  1. All the rights including but not limited to copyright, patent, trademark, or any other intellectual property on the Service are the property of Experience Sharing.
  2. All the rights including but not limited to copyright, patent, trademark, or any other intellectual property on the Content provided by the Service are the property of its provider. Members shall grant Experience Sharing a non-exclusive and free license for all intellectual property rights concerning Content.

Article 5 Prohibition on Use of Service

User shall be prohibited from engaging in any of the following activities with respect to the use of the Service:

  1. to conduct any act which would infringe intellectual proprietary rights such as copyright, portrait right, right of privacy, honor or any other rights or interests, the User, the User or any other third party including but not limited to, unauthorized use of the Content on the Service, and submission to the Service of any contents the rights of which belong to any other persons;
  2. to enter fallacious or erroneous information in the Service;
  3. to interrupt operation of the Service by unlawful conducts or nuisance through the internet such as infecting with computer viruses, reverse engineering of the service;
  4. to use the Service without authorization by entering any fallacious information or impersonating other people in the process of the registration;
  5. to trouble others vis-à-vis a third party including the other Members such as slandering, abusing, harassing, or threatening;
  6. to conduct advertising, solicitation, surveys or request of competitors etc. with respect to product or service vis-à-vis a third party including the other Members;
  7. to conduct any act against public order and good morals, or any illegal, unlawful, or criminal act;
  8. to act in violation of laws such as criminal, civil, administrative laws
  9. to conduct any other acts which we deem inappropriate.

Article 6 General caution on the Service

  1. User is required to prepare devices that are necessary to use the Service such as PC, smartphone, head-mounted displays, and communication equipment at their own expense and liability. The costs incurred by the use of the Service such as communication and electricity costs are to be covered by the User, and Experience Sharing shall not be held liable for such expenses. Also, if the User is minor, the User shall use the devices which is allowed by his or her parent or guardian.
  2. Experience Sharing is entitled to change a part or all of the Service such as specification, design, visual and auditory representation and suspend to provide it.
  3. Experience Sharing is entitled to put advertisement of ours and any third party on the Service.
  4. Any minor under the age of thirteen (13) is forbidden to use the Service due to the risk to cause any health problems. Any User under the age of thirteen (13) shall stop using the Service immediately. If the user under the age of thirteen (13) uses the Service in violation of this paragraph, Experience Sharing shall not be liable for any health problems caused to the User.
  5. There is a risk that the use of the Service may cause the User to feel disoriented or experience any health problem due to the nature of 360-degree movie. The User is recommended to avoid using the Service for a long time and stop use immediately if the User begins to feel any irregular symptoms. Experience Sharing shall not be liable for any health problems caused to the User.
  6. If the User uses head-mounted displays, the User shall not use the Service while standing as there is a risk that the User may lose balance. Also, the User shall be careful for his or her surroundings and check there is no person nearby. If the User uses head-mounted displays suffers any injury incurred on the User or any third party, Experience Sharing shall not be liable for it.

Article 7 Membership Registration

  1. The User can enter an e-mail address and a member password on the prescribed screen of the service and register as a member by receiving an authentication or logging in via Facebook and Twitter accounts.
  2. The User shall forthwith notify us of any change of registered information such as e-mail address, home address, or telephone number. The User shall register with Experience Sharing
  3.  information which enables Experience Sharing to contact the User at any time, and at Experience Sharing’s inquiry, the User shall forthwith respond thereto.
  4. The membership registration procedure requires the User’s entry of registered e-mail address and password. If we recognize the match between such registered e-mail address and password, it shall be deemed by us that the login and use thereof has been conducted by the User who has been registered as the holder of the registered e-mail address and password. Each User shall keep their registration information strictly private and confidential such as e-mail address and password.
  5. The User has the right to delete his or her account and withdraw from the membership at any time, provided however, the withdrawal procedure shall be completed pursuant to Article 16.
  6. We reserve the right to suspend or delete the membership by any User if we deem inappropriate at our own discretion, or we acknowledge the User on the grounds that User has breached any provision of the Terms of Use or under suspicion the User would violate the Terms of Use, or any other reasons.
  7. All the grants of license on the Service to the User terminate at the deletion of the User’s account regardless of the reason. Please be aware that the restoration of a deleted account is not possible even if the account has been deleted by mistake.
  8. The User shall not transfer, rent, change the name of, grant security interest on or otherwise dispose of the registered e-mail address, password, the status as the User, the rights and obligations granted hereunder or the right to receive the Service.

Article 8 Personal Information

We shall take appropriate measures in its handling of personal information based on our Privacy Policy, and the User shall agree to the handling of his or her personal information in accordance with our Privacy Policy.

Article 9 Breach of the Terms of Use

The User shall not breach any provision as set forth in the Terms of Use, including but not limited to, provisions concerning prohibitions, prohibited acts and warranties hereof. In the event of the User’s breach of the Terms of Use, the User shall pay to us the penalty in the amount of One Hundred Thousand Yen (JPY100,000) per each of the Content relevant to such breach; provided, however, that we are entitled to claim against the User compensation for damages in exceeding of the amount of penalty.

Article 10 Measures to be Taken in the Event of Breach of Terms of Use

  1. In case of breach of the Terms of Use by the User, including but not limited to, unauthorized use of the Content and failure of payment, we shall be entitled to take necessary measures, at its sole discretion, against the breaching User, such as request for payment of penalty pursuant to the Article 9 hereof, ceasing and desisting use of the Content or the Service, withdrawal from the membership, claim for compensation for damages including reasonable attorney’s fees, and the like.
  2. We shall not be liable for any of claims or liabilities with any third party arising out of or in relation to the User’s breach of the Terms of Use including but not limited to unauthorized use of the Content. The breaching User shall be solely liable to deal with such claims or liabilities on his or her own and at his or her own expenses, and shall warrant and agree to keep and hold us accountable from and against any and all damage related thereto.
  3. In the event that we have incurred any damage out of or in relation to such legal demand filed against us as set forth in the preceding paragraph, the breaching User shall identify Experience Sharing for any and all damage and expenses related thereto incurred by Experience Sharing in order to deal with the same including any reasonable attorney’s fees.
  4. If Experience Sharing considers it necessary in case of the User’s breach of the Terms of Use, Experience Sharing reserves the right to disclose the breaching User’s contact information to the relevant third party.
  5. If Experience Sharing receives report about breach of the Terms of Use for any of Content or use thereof, Experience Sharing will make reasonable efforts to take the best measures in order to mend such breach and reserve the right to determine at our own discretion what measures to be taken by Experience Sharing.

Article 11 Purchase of Points

  1. The User shall pay for the Points with purchase price with 1P = 1 Japanese Yen (JPY1) by credit card in accordance with the instruction in the Service. Any and all the bank charges, settlement charges or other fees required for the payment shall be borne by the User.
  2. Within the range specified by Experience Sharing, users can give points to their favorite contents or use points to purchase content, and the expiration date for the Points will be 90 days.
  3. Experience Sharing may change the Points and the expiration date of Points as set forth in the preceding paragraph 2 at its discretion.

Article 12 Post and Sales of Contents

  1. The User is entitled to post and sell the Content by agreement to the Terms of Use and upload of Content.
  2. By posting content you can be awarded points by members. Points can also be specified when selling content. We set compensation for all earned points earned for content at 70%.
  3. Experience Sharing may change the Points and the royalty of the Content as set forth in the preceding paragraph 2 at its discretion.
  4. The User shall warrant that the Content submitted and uploaded by the User has been legally produced in accordance with any and all applicable laws. The User shall warrant that he or she legally obtains in writing appropriate permission or release of legitimate right holders, representatives, or licensors pertaining to any and all the rights existing in the Content uploaded by the User to the Service including but not limited to portrait right, right of publicity, trade mark right, copyright, related to the models and subjects of the Content, or any other rights of other third party, and that the User’s Content does not infringe any of such rights of third party. The User shall warrant that any and all the relevant information, including but not limited to, captions, keywords and titles, that he or she submits or uploads to the Service is true and accurate.
  5. The Content without such necessary permission of the rights as stipulated in the preceding paragraph 4, the relevant information that is not true or accurate or that is inappropriate including, but not limited to, unauthorized use of any other party’s name etc., and the Content falling under any one of the followings shall be deemed inappropriate Content, and Experience Sharing reserves the right to delete or change the same at its own discretion.
  1. The Content which includes graphic descriptions of obscenities or violence or which are against public policy and good morals;
  2. The Content in which trademarks, logos, brands, characters, pictures, posters, advertisements, CDs, DVDs, books and so forth are included as the Content's main subject or are recognizable;
  3. The Content in which art works including but not limited to paintings and sculptures under the copyright protection are included;
  4. The Content in which the identity of any individual can be recognized and for which appropriate model release has not been obtained;
  5. The Content which includes inappropriate alteration or addition of inappropriate symbols or text or any such inappropriate element for sale in the Service; or
  6. Any other Content which Experience Sharing considers to be inappropriate for sale in the Service.
  1. Experience Sharing is entitled to delete the Content which has never been viewed in one (1) month since it was uploaded at its sole discretion even if the Content does not fall under any one of the sub clause in the preceding paragraph 5.
  2. In the event that any claim, dispute, complaint of infringement, or request for compensation for damages incidental thereto from any third party, arises out of or in relation to the Content or the relevant information, the User of the Content in question shall be solely liable to deal with the same at his or her own expense, and warrants and agrees to keep Experience Sharing harmless against any and all liability and damage caused by such claim, dispute, complaint and request for compensation for damages.
  3. In the event that such claim, dispute, complaint, or request for compensation for damages are made against Experience Sharing and Experience Sharing incurs certain damage therefrom, the User of the Content in question shall indemnify for any and all the expenses incurred by Experience Sharing including reasonable attorney’s fees.
  4. In the event that any claim, dispute, complaint of infringement or request for compensation for damages from any third party in connection with the Content or the relevant information are made against Experience Sharing, Experience Sharing reserves the right to disclose to the relevant third party the contact information of the User who has posted and/or sold the Content in question.

Article 13 Payment of Royalties

  1. Experience Sharing shall pay the User whose Content has received Points 70% of the points as royalties. The User agrees that depending on the payment method, conversion fees may be required and deducted from the amount to be paid to the User.
  2. Experience Sharing may change the terms and conditions for the payment of royalties to the User in either of the following events, and the User shall accept and agree to such changes:
  1. Improvement or change of the service system of the Service; or
  2. Introduction of new services or new systems.
  1. Experience Sharing may use the Content freely at Experience Sharing’s discretion for the purpose of notification, promotion or advertisement related to the services operated by Experience Sharing including the Service and/or Experience Sharing without any compensation payable to the User.
  2. When the Points exceed over 1,000 Points,  the User may apply for the conversion payment at the cost of 100 Points, which shall be made on or before the last day of the second month following the month the application was filed.
  3. When applying for a conversion, the User shall duly notify Experience Sharing of his or her bank account information and/or Paypal account for payment and information required for payment of withholding tax. In the event that payment procedure by Experience Sharing is not completed due to insufficient information, the said application for conversion may be cancelled if insufficiency is not resolved within two (2) weeks of Experience Sharing’s notice via e-mail.
  4. The Credits that the User possesses may not be assigned or transferred, rented, or pledged to any third party.
  5. Even if the Content is sold, royalties payable to the User may be cancelled in the following cases:
  1. that the purchaser requests for Return etc. due to the any defect or obstacle found in the Content;
  2. that any inappropriate settlement such as duplicated purchase occurs due to temporary server error or line failure;
  3. that Experience Sharing considers any purchase amount uncollectible due to the purchaser’s insolvency or any improper transaction conducted; or
  4. that Experience Sharing considers any transaction improper or not payable due to the User’s breach of the Terms of Use or other reasons.

Article 14 Disclaimer

  1. Experience Sharing grants no warranty of correctness or completeness regarding information material related and incidental to the Content such as captions, titles or keywords in the Service.
  2. In the event that the User has incurred any damage directly caused by infringement of copyright, portrait right, or any other third party’s right found in the Content, Experience Sharing shall not be liable for any of the User’s direct damage, regardless of the presence of any reason attributable to it. Experience Sharing shall not be liable in any way for damage arising out of or in relation to error or trouble of technical environment related to the Service including but not limited to computer system trouble and false display incidental thereto.
  3. Experience Sharing shall not be liable for any loss or damage of data of the Content submitted to Experience Sharing including but not limited to the data of images, footage and text, and data of information incidental thereto. Each User shall prepare and maintain the backup of such data by him or herself.
  4. Experience Sharing shall not warrant that the Service, its Server, the Content and any e-mails transmitted from the Service do not transmit any of computer virus, spams or any other harmful element.
  5. In no event shall Experience Sharing be liable for any dispute with any third party or any damage related thereto arising out of or in relation to the Terms of Use, the Service, the Content, license granted hereunder, trust, access, use, non-use, delay related thereto and the like.
  6. There may be cases in which Experience Sharing provides the Service with external Services provided by other companies. In such case, the User agrees to use such external Services on his or her own risk and agrees that Experience Sharing shall not be liable to any damage arising out of or in relation to the User’s Use of such external Services. In using such external Services, the User shall comply with any of Terms and conditions provided by such external Services.
  7. If any provision of the Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms of Use shall remain in full force and shall not be impaired.

Article 15 Withdrawal from Membership

  1. The User shall be entitled to cease the use of the Service in accordance with the membership withdrawal procedure which has been separately designated by Experience Sharing. The User agrees that Experience Sharing may require a prescribed amount of time after withdrawal procedure has been completed for those changes to be reflected on the system.
  2. Upon the application for withdrawal, the User’s account is closed and any and all the functions therein including but not limited to request of the deletion of the Content and application for the conversion payment of the Points become unavailable to the User.
  3. In the event that the User falls or may fall under any of the following in Experience Sharing’s judgment, Experience Sharing may, at its sole discretion, enact the withdrawal procedure of such User without prior notice to, or approval of such User:
  1. If the User breaches any provisions of the Terms of Use;
  2. If the User becomes deceased;
  3. If the account of the User remains inactive for more than one (1) year;
  4. If the User is found to be or to have been involved in antisocial forces or any equivalent thereof;
  5. If the User uploads adult content or contents against public policy and good morals;
  6. If the User interrupts operation of the Service;
  7. If otherwise Experience Sharing considers the User to be inappropriate as a User.
  1. In the event of the User’s falling under any of the above items that results in damage incurred by Experience Sharing, the User shall compensate for the whole damages incurred by Experience Sharing including reasonable attorney’s fees.
  2. Experience Sharing shall not be obligated to disclose to the User the reason why his or her membership has been withdrawn pursuant to the preceding paragraph 3.
  3. As a result of withdrawal of membership occurring in accordance with the provisions in this Article, the agreement existing between the User and Experience Sharing shall be terminated and the User shall forfeit all rights to use the Service. The User shall additionally forfeit all the Credits. In case of the membership being terminated, Experience Sharing shall have no liability to refund money collected by Experience Sharing related to the User, and Experience Sharing may retain and exploit the data of the User’s Content involved in any transaction or information related thereto in the Service for a certain period.

Article 16 Suspension or Discontinuation of Service

Experience Sharing reserves the right to suspend or discontinue operation of the Service without prior notice to the User for any of the following reasons. Experience Sharing shall have no liability for any damage caused to the User as a result of such suspension or discontinuation conducted in accordance with the following reasons:

  1. Periodic or emergency maintenance of equipment or system used in provision of the Service;
  2. Breakdown of equipment or system used in provision of the Service;
  3. Natural disasters such as earthquakes, volcanic eruptions, floods or tsunamis, wars, conflicts, riots, civil commotions, labor disputes, fires, blackout and other unexpected incidents or accidents, or force majeure which prevents the Service from being provided; or
  4. Other causes in which suspension or discontinuation of the Service is deemed necessary for operational or technical reasons.

Article 17 Communication / Notice

Any and all the notices provided by Experience Sharing to the User hereunder shall be made by posting in the Service or by e-mails and so forth. Such notices shall be deemed to have been effectively delivered upon the timings as designated below respectively:

  1. When Experience Sharing posts the notice in the Service;
  2. When Experience Sharing dispatches the notice by e-mail to the address registered upon membership registration.

Article 18 Business Transfer etc.

If Experience Sharing has assigned and transferred the business regarding the Service to a third party, Experience Sharing may assign and transfer the contractual status, rights and obligations under the Terms of Use as well as information of the User including other clients’ information to the assignee of such business transfers, and the User shall hereby agree to such transfers in advance. As used herein, the business transfer as referred to above includes a split of the company or any other form of restructuring of company that would result in a business transfer, in addition to the usual form of a business transfer.

Article 19 Consultation

The User, Experience Sharing and any third party shall enter into good faith consultation and negotiation with each other for resolution of any questions relating to, or problems arising from the Service.

Article 20 Language

If there is any contradiction between what the other language version of the Terms says and Japanese language version says, then the Japanese language version shall take precedence.

Article 21 Governing Law and Court of Jurisdiction

  1. Any legal problems relating to the Service shall be governed by the laws of Japan;
  2. In the event of doubts or disputes not being resolved through consultation as described in the preceding Article 20, all lawsuits arising in connection with the Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court of Japan in the first instance.

As of July 11, 2018