Dated : 12 September, 2023
THIS TERMS OF SERVICE (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU (“USER” OR “YOU“. IF YOU ENTER INTO THE AGREEMENT ON BEHALF OF THE COMPANY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BIND THE COMPANY YOU HAVE NAMED AS THE USER. ALL REFERENCES TO "YOU" IN THIS AGREEMENT THEREAFTER SHALL REFER TO YOUR COMPANY.) AND RICOH COMPANY, LTD. (“RCL”, “WE“, “OUR“, OR “US“) THAT WILL GOVERN USER’S INTERACTION WITH THE RICOH360 APPLICATION AND ITS RELATED SERVICE PROVIDED BY RCL (COLLECTIVELY, THE “SERVICE”).
RCL MAY ESTABLISH ADDITIONAL TERMS, SEPARATELY FROM THIS AGREEMENT, RULES, GUIDELINES, SPECIAL TERMS AND CONDITIONS THAT RCL MAY PROVIDE ONLINE OR BY OTHER MEANS IN CONNECTION WITH THE PROVISION OF THE SERVICES (COLLECTIVELY,“OTHER RULES”). ANY AND ALL OTHER RULES SHALL BE EFFECTIVE TOGETHER WITH THIS AGREEMENT. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THIS AGREEMENT AND THE OTHER RULES, THE OTHER RULES SHALL PREVAIL UNLESS OTHERWISE SPECIFIED.
Signing up for the service, or accessing or utilizing the service, you represent that;
(a)you have read, understand, and agree to be bound by this agreement;
(b)you are of legal age to form a binding contract with RCL or you have obtained the parental consent;
(c)you have the authority to enter into this agreement; and
(d) you are not subject to sanctions of
(i)Export Regulations specified by Japanese government agencies (Export Regulations include a list of foreign users specified by the Ministry of Economy, Trade and Industry of Japan.);
(ii)Export Regulations specified by U.S. government agencies. (Export Regulations include a list of foreign users specified by U.S. Export Administration Regulations (“EAR”), U.S. International Traffic in Arms Regulations (“ITAR”) and sanctions list of U.S. Office of Foreign Assets Control (“OFAC”)); and
(iii) Export Regulations specified by other government agencies.
If you do not agree to all of the terms and conditions of this Agreement, or do not fully understand any part of this Agreement, you are not authorized to use the Service and should immediately cease the signing up, any further attempt to access or use the Service.
2.1 Creation of Account.
In order to access and use the Service, User must create an account. When registering an account for the Services (“Account”), you agree to provide only true, accurate, current and complete information requested by the registration form (“Registration Data”) and to promptly update the Registration Data thereafter as necessary.
2.2Restrictions on use.
User may not access or use the Service for any purposes for commercial purposes. However, this does not apply to User who have the separate permission from RCL.
2.3 Responsibilities of Users.
(1)You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account.
(2)User shall comply the following condition;
(a)User shall not allow any other individual or legal entity to access or use User’s Account Information and Account Credentials (including, but not limited to, a combination of your ID and password and system-generated API Key) (collectively, "User’s Account-Related Information")
(b)User is responsible for taking reasonable steps to protect User’s Account-Related Information from unauthorized access or use.
(c)User (excluding the User who have obtained separate by RCL, such User is called “Authorized User”) is prohibited from using the Service for any entity but the User themselves. User(excluding Authorized User) is not permitted to create contents on behalf of other parties including but not limited to other real estate agents, photographers, agencies, etc.
(d) User must immediately notify RCL, if you become aware that someone else has accessed or used User’s Account-Related Information.
(e)User understand and agrees that RCL will provide the software, servers and other technology necessary to make the Services generally available, and you are solely responsible for supplying any computing equipment, peripherals, software, and internet connectivity necessary to access and use the Service.
3.1 Term of this Agreement.
The term of this Agreement is the period between when your Account is created and when this Agreement will be terminated pursuant to Section 3.2 or Section3.4.
3.2 Termination by RCL.
RCL may discontinue the Service, suspend User’s access to the Service or terminate this Agreement at any time if ;
(a)there is an unavoidable emergency;
(b)RCL believes it would be commercially beneficial to do so in RCL’s sole discretion, in this case RCL will provide User with advance notice of termination;
(c)RCL is required to do so by any applicable law or governmental authority;
(d)User have not used the Service for more than one year; or
(e)User violates any term of this Agreement or any other agreement between RCL and User.
In the case that this Agreement be terminated, your Account will be deleted.
RCL may temporarily suspend or disable the Service, or components of the Service, from time to time in order to perform routine or emergency maintenance. RCL will make reasonable efforts to provide User with notice in advance of performing maintenance service, and minimize the amount of time that the Service is unavailable to User while performing maintenance.
3.4 Termination of this Agreement by User.
User may terminate this Agreement at any time by deleting your Account.
3.5 Effect of Termination.
In case your Account will be deleted, you will not be able to access the Services. You agree that any termination of this Agreement may involve deletion of User Content(specified in Section 4.3). RCL will not have any liability whatsoever to you for any suspension or termination, including for deletion of User Content.
3.6 Beta Program.
RCL may offer Beta Versions of the Service(“Beta Program”) to selected users. Beta Program are subject to this Agreement as well as any additional terms defined and presented to users for acceptance prior to the Beta Program and will have a predetermined end date. RCL may terminate a Beta Program at any time, for any reason.
4.1 Ownership of Service.
(1)User acknowledges and agrees that the Service uses and contains confidential and proprietary information and technology of RCL and its affiliates and embodies trade secrets and intellectual property of RCL and its affiliates and/or its licensors protected under copyright and other laws of the United States of America, Canada, Japan and/or other countries, and by international treaty provisions (collectively referred to as “RCL Intellectual Property Rights”).
(2)As between the parties, except for the limited right to access and use the Service granted herein, RCL and/or its licensors retain all right, title, and interest in and to RCL Intellectual Property Rights, including but not limited to:
(a)all software code (source and object), functionality, technology, system or network architecture and user interfaces, CG contents and all modifications thereto;
(b)all ideas, trade secrets, inventions, patents, copyrights and other intellectual property rights with respect to the Service;
(c) all evaluations, comments, ideas and suggestions made by User regarding the Service, even if those are incorporated into subsequent versions; and
(d)any modifications or derivative works developed from RCL Intellectual Property Rights.
(3)User agrees to treat, protect and maintain, RCL Intellectual Property Rights as strictly confidential.
(4)The names “リコー,” “RICOH,” “Ricoh,” “RICOH THETA” “RICOH360 - Tours” “RICOH360” and other names and marks used in provision of the Service are trademarks or registered trademarks of RCL, its affiliates, or licensors, and User may not be used without permission of RCL.
4.2 License, Scope of Use and Restrictions.
Subject to the terms, conditions and restrictions of this Agreement, RCL grants User a limited, revocable, non-exclusive, non-transferable, non-sub licensable license to access and use the Service. Under no circumstances may User
(a)alter or create derivative works based upon all or part of the Service;
(b)reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or architecture of the Service;
(c)take or facilitate any action that might damage, degrade, impair, or compromise the Service in any respect, including but not limited to any hack, hijack, denial of service attack or any unreasonably excessive use of the Service;
(d)bypass or breach any security device or protection;
(e)use the Service or RCL Intellectual Property Rights (including CG contents) for any purpose other than as provided herein;
(f)use the Service for any fraudulent, harmful, illegal, immoral or unethical purpose;
(g)duplicate, sell, copy, loan, rent, transfer, lease, sublicense, assign, distribute, make available for timesharing or otherwise make available for the benefit of third parties (whether for a fee or otherwise) the Service, in whole or in part;
(h)remove, delete, alter or obscure any trademark, specifications, documentation, patent or other proprietary rights notices related to the Service; or
(i)commit any other acts or omissions which may adversely affect the Service or other operations, business or reputation of RCL or any third party
Furthermore, User shall not permit or facilitate any other person to undertake any of the foregoing.
4.3 User Content.
(1)User agrees and certifies that it is the sole and exclusive owner of any data, images, drawings or other content that are provided by User(including automatic uploads) in connection with its access or use of the Service, or contents derived from them (“User Content”). Authorized User may only provide third parties, only while its Account is active, with a license to use User Content.
(2) Furthermore, User agrees and certifies that;
(a)User owns all intellectual property rights to User Content, and that its use of User Content in connection with the Service will not violate any laws concerning intellectual property rights in the territory where you are located or elsewhere;
(b)User Content is not obscene, profane, defamatory or illegal; and
(c)User shall not provide any User Content containing sensitive personal information (“SPI”).
(d) User shall not provide any User Content containing personally identifiable information (“PII”), as those terms are generally defined, including but not limited to protected health information as defined under the health insurance portability and accounting act of 1996 (U.S.) and other applicable laws and regulations in the territory where you are located, without the consents of such person.
(3)User will defend, indemnify and hold RCL and RCL’s affiliates harmless from and against any and all claims that are inconsistent with the above agreements and certifications.
(4)Without limiting the foregoing, RCL shall have the right, but not the obligation, to remove any User Content that violates this Agreement or is otherwise objectionable.
4.4 Use of User Content by RCL.
(1)You hereby grant to RCL, RCL’s affiliates, their subcontractors and business partners non-exclusive, worldwide, royalty-free rights to collect, use, copy, store, transmit, distribute, display, modify and create derivative works of User Content both during the Term and thereafter for;
(a)our performance of the Service;
(b)our analysis of the Service;
(c)our promotion of the Service;
(d)our improvement of the Service; or
(e)our development of our new products or services,
(2) You hereby acknowledge and agree that:
(a)The Service will collect, retain and utilize statistical data regarding User Content and User’s interactions with the Service, including but not limited to statistical information about images uploaded by User, as well as portions of User Content (“Technical Data”). Technical Data may be collected from or transmitted to locations outside of the territory where you are located.
(b)RCL has the continuing right to collect Technical Data in this manner, and to use Technical Data for its reasonable, business purposes, including but not limited to further development and improvement of the Service, to provide services other than the Services or third-party services incorporating the Company's services (including, but not limited to, the Services) or to improve the new products or services, both during the Term and beyond.
(c)RCL may subcontract to a third party the collection or use of, or permit its business partners to collect or use, Technical Data solely for those purposes.
(3)User acknowledges and agrees that User Content may be replicated and stored by RCL, RCL’s affiliates, their subcontractors and business partners for back-up purposes, and that User Content may be stored on servers or other information assets located outside of the territory where you are located.
4.5 Interactions with Other Users.
(1) You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that RCL reserves the right, but has no obligation, to intercede in such disputes. You agree that RCL will not be responsible for any liability incurred as the result of such interactions.
(2) The Service may contain User Content provided by other Users. RCL is not responsible for and does not control User Content. RCL has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
4.6 Integration with Third-Party Services.
(1)You are solely responsible for your use of services provided by third parties other than RCL (“Third-Party Service”). The agreement between you and the provider of Third-Party Services ("Service Provider" and such agreement is referred to as a " Third-Party Service Agreement") governs your use of the Third-Party Services, and you must refer to that Third-Party Service Agreement and not this Agreement to determine your rights and liabilities. You agree that RCL will not be responsible for any liability incurred as the result of such use of the Third-Party Services.
(2) The handling of User Content by the Service Provider shall be governed by the Third-Party Service Agreement. You agree that RCL will not be responsible for any liability incurred as the result of such handling of your User Content by the Service Providers.
(1)User agrees to indemnify and hold the RCL Parties harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of;
(b)your use of, or inability to use, the Service;
(c)your violation of this Agreement;
(d)your violation of any rights of another party, including any Users; or
(e)your violation of any applicable laws, rules or regulations.
Above provisions do not require you to indemnify any of the RCL Parties for any intentional and/or gross negligence of such party.
(2)RCL reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with RCL in asserting any available defenses.
(1)USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE SERVICE IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.
(2)RCL DOES NOT GUARANTEE THAT THE SERVICE COMPLIES WITH ANY LEGAL REQUIREMENT THAT MAY APPLY TO USER OR USER CONTENT.
(3)THE RCL PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE. RCL DOES NOT WARRANT THAT THE SERVICE WILL MEET USER’S REQUIREMENTS; THAT IT WILL SUCCESSFULLY PERFORM AS INTENDED; THAT ITS OPERATION WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; OR THAT ALL ERRORS WILL BE CORRECTED.
(4)USER ACKNOWLEDGES THAT IT IS SOLELY RESPONSIBLE FOR APPROPRIATELY BACKING UP ITS USER CONTENT, AND ACCORDINGLY RCL WILL HAVE NO LIABILITY FOR ANY DATA LOSS THAT OCCURS IN CONNECTION WITH USER’S INTERACTION WITH THE SERVICE.
(5)SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF WARRANTIES OR CONDITIONS, SO SOME OR ALL OF THE DISCLAIMERS ABOVE MAY NOT APPLY IF PROHIBITED BY LAW.
(1)NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS AGREEMENT, RCL SHALL BE LIABLE FOR DAMAGES INCURRED BY YOU IN CONNECTION WITH THE SERVICE DUE TO REASONS ATTRIBUTABLE TO RCL("CUSTOMER DAMAGES") ONLY TO THE EXTENT SPECIFIED BELOW.
(a) ANY INTENTIONAL AND/OR GROSS NEGLIGENCE OF RCL: ALL OF THE CUSTOMER DAMAGES.
(b) ANY SLIGHT NEGLIGENCE OF RCL: GENERAL LOSS OR DAMAGE(EXCLUDE ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, THE FOLLOWING TYPES OF DAMAGES: LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PROFITS OR REVENUE, ATTORNEYS’ FEES, DOWNTIME COSTS, AND LOSS OF USE OF EQUIPMENT) AND UP TO ￥ 10,000.
(2)NOTWITHSTANDING THE FORGOING, IF YOU USE THIS SERVICE FOR COMMERCIAL PURPOSE, RCL SHALL NOT BE LIABLE FOR ANY CUSTOMER DAMAGES UNLESS THERE ARE ANY INTENTIONAL AND/OR GROSS NEGLIGENCE OF RCL . IN ADDITION, IF RCL COMPENSATES YOU FOR YOUR CUSTOMER DAMAGES, THE MAXIMUM AMOUNT SHALL BE ￥ 10,000.
(3) NOTWITHSTANDING THE FORGOING TWO PARAGRAPH IF YOU USE THE PAID VERSION OF THIS SERVICE, THE RCL’S TOTAL AGGREGATE LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNTS ACTUALLY PAID BY USER FOR ITS USE OF THE SERVICE PURSUANT TO THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DAY WHEN THE CAUSE OF ACTION ARISES.
Please read the following arbitration agreement in this Section (“Dispute Resolution Agreement”) carefully. It requires you to arbitrate disputes with RCL and limits the manner in which you can seek relief from us.
[FOR USERS IN THE UNITED STATES ONLY]
PLEASE BE AWARE THAT DISPUTE RESOLUTION AGREEMENT CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN DISPUTE RESOLUTION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THIS DISPUTE RESOLUTION AGREEMENT:
(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND
(2)YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
Unless otherwise mutually agreed by the parties hereto, all disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement, including any breach of this Agreement, shall be finally settled by arbitration in Tokyo, Japan pursuant to the Commercial Arbitration Rules of the Japan Commercial Arbitration Association. The arbitration shall be conducted in Japanese. The arbitral award shall be final and binding on both parties and the judgments upon the award may be entered in any court of competent jurisdiction.
If any part or parts of this Dispute Resolution Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Dispute Resolution Agreement shall continue in full force and effect.
Notwithstanding any provision in this Agreement to the contrary, you agree that if RCL makes any future material change to this Dispute Resolution Agreement, it will not apply to any individual claim(s) that you had already provided notice of to RCL.
9.1 Infringement of copyright.
It is RCL’s policy to terminate this Agreement between we and the User who repeatedly infringes copyright upon prompt notification to RCL by the copyright owner or the copyright owner’s legal agent.
9.2 Procedure for making claims.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information to https://help.ricoh360.com/hc/requests/new;
(a)an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b)a description of the copyrighted work that you claim has been infringed;
(c)a description of the location on Service of the material that you claim is infringing;
(d)your address, telephone number and e-mail address;
(e)a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f)a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
10.1 Governing Law.
This Agreement is made under and shall be interpreted in accordance with the laws of Japan, without giving effect to any principles that provide for the application of the law of another jurisdiction excluding its choice of law and conflict of law provisions. The parties hereto expressly agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded, and it shall not apply to this Agreement.
10.2 Entire Agreement.
This Agreement sets forth the complete and final understanding of RCL and User with respect to the subject matter of this Agreement, and supersedes all other agreements or understandings on the topic.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Failure of RCL to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce such provision.
10.5 Third Party Beneficiaries.
All of the RCL Parties and RCL’s licensors are direct and intended third-party beneficiaries of this Agreement and may enforce it against User.
10.6 Export Control and Compliance.
Goods, software, services or technical information made available to User in connection with the Service or otherwise under or in relation to this Agreement may be controlled by export regulations of User’s jurisdiction, or any other jurisdiction that apply to User or User’s business (Collectively the “Export Regulations”). User shall ensure that all activities involving distribution and export/re-export of those goods, software, services or technical information are in compliance with all laws, regulations, including without limitation EAR, ITAR and OFAC, orders or other restrictions of the Export Regulations.
10.7 Assignment; Subcontracts.
(1)Neither this Agreement nor the rights or licenses granted under this Agreement may be assigned, sublicensed or otherwise transferred by User.
(2)RCL may assign this Agreement or any of its rights under this Agreement, without prior notice to User. RCL may subcontract any or all of its obligations under this Agreement without prior written notice to User.
User shall not divulge to any third party any of RCL's business secrets (including confidential communications) obtained in connection with the Services. User shall not assume any obligation of confidentiality set forth in the preceding sentence to the extent that a court order or compulsory disposition is made in accordance with laws and regulations. Notwithstanding the foregoing, User shall not assume any obligation of confidentiality under this paragraph with respect to any information falling under any one of the following;
(a)Information already in the possession of User,
(b)Information received from a third party with due authority for disclosure without obligation of confidentiality,
(c)Information that is in the public domain or in the public domain at the time of receipt,
(d)Information that is in the public domain or becomes available to the public through no fault of User after receipt, and
(e)Any information independently invented or developed by User without the use of or reference to RCL's confidential information.
10.9【For Users in Japan only】Exclusion from Relationship with Anti-Social Forces.
(1)User and RCL covenant that each party, their officer (any person who is substantially involved in management and business regardless of name) or any person engaged in business does not fall under any of the following:
(a)Being an organized crime group, a member of an organized crime group, a person who has ceased to be a member of an organized crime group within five years, a quasi-member of an organized crime group, a company/organization affiliated with an organized crime group, a corporate extortionist, a social movement/political activity sign, a special intelligent violent group, or other similar anti-social forces (collectively "Anti-social Forces"),
(b)Anti-social Forces have a dominant influence on each party’s business activities through investment, loans, transactions and other relationships,
(c)An Anti-social Force is found to be substantially involved in management,
(d)Having a relationship that is recognized to be unjustly using Anti-social Forces, such as for the purpose of improperly benefiting oneself, oneself, or a third party, or harming a third party,
(e)Have a relationship that is recognized to provide funds or facilities to Anti-social Forces, and
(f)Possess a relationship that should be criticized socially against Anti-social Forces.
(2)User and RCL covenant that the fulfillment of the Agreement will not contribute to the operation of any Anti-social Forces or will not encourage such activities.
(3)User and RCL shall not conduct any matter falling under any of the following items;
(a)Connection with Anti-social Forces, such as using anti-social forces or engaging in the provision of funds, benefits, or capital contributions to anti-social forces,
(b)Each party engages in the following acts by himself/herself or by using a person engaged in the business or a third party,
(b-1)use fraudulent, violent, or threatening words,
(b-2)Communicate that he or she is an Anti-social Forces, or inform the relevant organizations or related parties that he or she is an Anti-social Forces,
(b-3) Degrading or likely to damage the other party’s reputation or reputation, and
(b-4) Conduct any act that interferes with or is likely to interfere with the other party’s business.
10.10 Force Majeure.
RCL shall not be liable for any failure to provide the Service, or otherwise perform its obligations under this Agreement, to the extent resulting from fire, flood, earthquake, storm, riot, insurrection, acts of terrorism or a foreign enemy, epidemic or any other cause that is not caused by RCL.
10.11 Equitable Relief.
User acknowledge that the unauthorized disclosure or use of the Service, any related documentation or of RCL’s Intellectual Property Rights or breach of User’s confidentiality undertaking in violation of this Agreement would cause irreparable injury to RCL for which remedies at law would be inadequate. Accordingly, RCL may seek immediate injunctive or other equitable relief in a court of competent jurisdiction in connection with any breach or alleged breach of the provisions of this Agreement.
10.12 Change of Terms.
PLEASE NOTE THAT THIS AGREEMENT AND OTHER RULES ARE SUBJECT TO CHANGE BY RCL IN ITS SOLE DISCRETION AT ANY TIME. We may change this Agreement and Other Rules from time to time, and will always provide to you the most current version. If we make any material changes, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. If you do not agree to the changes, you shall stop using the Service pursuant to Section 3.4. Otherwise, your continued use of the Services constitutes your acceptance of such changes
The provisions of Section 3.5 (Effect of Termination), Section 4 (Intellectual Property), Section 5 (Indemnification), Section 6 (Disclaimers & Exclusion of Warranties and Conditions), Section 7 (Limitation of Liability), Section 8 (Dispute Resolution) and Section 10 (General Provisions) shall survive any termination for whatever reason of this Agreement and regardless of who terminates this Agreement.
10.14 Controlling Text.
The governing language of this Agreement is Japanese. Only the original Japanese language version of this Agreement has the effect of a contract, and any translation of this Agreement has no contractual or any other effect.
END OF AGREEMENT
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