Chapter 1 General rules
Article 1 (Purpose)
This Agreement stipulates the conditions for Customers to use this Service. In order for Customers to use this Service, it is necessary for them to agree to these Terms before the use of this Service. In addition, by agreeing to this Agreement, the customer acquires a non-exclusive right to use this Application free of charge.
Article 2 (Definition of Terms)
The terms in this Agreement are defined as follows.
(1) "Device registration" means that the customer installs this Application in the Target Device (defined below), or makes settings for using this Service from the state in which it is pre-installed in the Target Device.
(2) "Registration information" means the information registered by Device registration.
(3) "Target Device" means a target TV made by our Company or its affiliates that can be connected to a LAN and allows the customer to use this Service.
(4) "Content" means text, audio, images, videos and other information which we store in the “SHARP COCORO VISION”.
The following rules of interpretation shall apply:
(1) words importing the singular shall include the plural and vice versa; words importing a gender shall include all other genders; references to any person shall include any individual, firm, body corporate or un-incorporate (wherever established or incorporated);
(2) headings are inserted for ease of reference only and shall not affect the construction of this Agreement;
(3) references to “Company” or “we” shall include its assigns, successors in title, and persons deriving title under them, regardless of whether or not any of these persons are mentioned separately in the relevant provisions;
(4) words importing the whole shall be treated as including a reference to any part of the whole;
(5) the expressions “include” and “including” shall be construed without limitation to the words following; and
(6) words and expressions extend to their grammatical variations and cognate expressions where those words and expressions are defined in this Agreement or by reference to any other definition.
Chapter 2 About this Service
Article 3 (this Service)
This Service are as defined in the following items. Changes or additions to this Service will be posted on Google Play site at any time, unless otherwise specified in this Agreement.
(1) Display the Contents listed in “SHARP COCORO VISION”.
You can get some promotion advertisement or some recommended video/movie.
(2) Services associated with the use of SHARP COCORO VISION services.
Article 4 (Handling of customer information)
Chapter 4 About the use of this Service
Article 5 (Use of this Service)
1. Customers can use this Service free of charge.
2. In order to use this Service, the customer needs to make settings for using this Service. If you do not make the required settings, you will not be able to use this Service.
3. This Service can be used only on the Target Device. In addition, the Content of this Service that can be used may differ depending on the Target Device.
Article 6 (Equipment for using this Service, communication costs, etc.)
1. The use of the Target Device, communication line and other necessary equipment necessary for using this Service will be prepared or performed at the customer's expense and responsibility.
2. Customers are responsible for all costs required for Internet communication, such as Internet connection service provider fees and communication costs required to use Target Device. We are not responsible for any troubles in using this Service due to malfunctions of such devices, internet lines, etc.
Article 7 (Area where this Service is used)
This Service area is all areas of Indonesia, Malaysia, Philippines, Singapore, Thailand and Vietnam (hereinafter “Service Territory”). You shall only use this Service only in the Service Territory.
Article 8 (Distribution of information/advertisement)
We may display information or advertisements of our company and third parties on this Service.
Chapter 5 Customer's responsibility/end of use
Article 9 (Customer's responsibility)
1. The customer is solely responsible for the use of the Target Device and this Service.
2. If the customer causes damage to a third party or a dispute arises between the customer and the third party in using the Target Device and this Service, unless it is the responsibility of the Company, the Customer shall settle such damage or dispute at his own expense and responsibility.
3. If the customer causes damage to the Company in connection with the use of the Target Device and this Service, the Customer shall compensate the Company for the damage.
4. When the customer uses this Application and this Service jointly with a third party (hereinafter, such third party is referred to as "other user"), the Customer shall be responsible for the other user’s acts and omissions. Other users shall only be allowed to use this Application and this Service after agreeing to this Agreement. Other users who agree to this Agreement bear the same responsibilities as the Customer's responsibilities under this Agreement. In addition, you and other users shall be considered to be equivalent, and we can apply this Agreement to other users.
5. If the Customer is a minor, he shall obtain the prior consent of his legal representative (or the legal representative shall agree to this Agreement on behalf of the Customer), and the legal representative shall need to agree to the contents of this article before the Customer may start using this Service. The legal representative shall jointly bear the responsibility that the Customer shall bear as stipulated in this Agreement.
6. The Customer shall use this Application within the scope of private use only.
Article 10 (Customer deletion of Registration information/termination of use)
1. The Customer can suspend or terminate the use of this Service at any time by performing the prescribed deregistration procedure for the Target Device for which this Application has been registered as a device. If the Customer cancels the registration, the Customer will not be able to use this Service. Cancellation will be effective immediately upon completion of the aforementioned deregistration procedure.
2. When the Customer terminates the use of the Target Device, such as when transferring the Target Device to another user, the Customer shall also terminate the use of this Service by performing the prescribed deregistration procedure for the Target Device for which this Application has been registered as a device.
3. When the Customer is using this Application and this Service jointly with other users and the prescribed deregistration procedure is performed by the Customer, the registration of the other user will also be considered as cancelled.
4. Any sections of this Agreement that, either explicitly or by their nature, must remain in effect even after termination of this Agreement shall survive termination.
Chapter 6 Discontinuation of this Service
Article 11 (Interruption and termination of provision of this Service, etc.)
1. Company may experience communication failure or equipment failure when natural disasters, force majeure such as war, pandemic, or other emergencies occur or are likely to occur, or when system maintenance or inspection needs to be performed urgently and if we are forced to act, or if any other unavoidable reason arises, we may temporarily suspend or suspend all or part of this Service without prior notice to the Customer. We shall not be responsible for any damage caused to you or a third party under such circumstances.
2. The Company may terminate all or part of this Service by notifying the Customer with a notice period of 60 days.
Chapter 7 Addition of Services / Contacting Customers
Article 12 (Changes and additions to this Service)
1. The Company may change or add all or part of this Service without prior notice to the Customer due to business reasons. In this case, the Company will notify thereof by the method stipulated in Article 13.
2. If any change or addition of all or part of this Service involves a significant change in the agreement details, the Customer shall follow the procedures prescribed by the Company by the date when the change becomes effective, and you may terminate the use of this Service. If this paragraph applies, we will notify you when this Agreement is changed.
3. Notwithstanding the provisions of the preceding two paragraphs, in the case of changes that require the consent of the Customer due to decree, etc., the consent of the Customer shall be obtained by the method prescribed by the Company.
Article 13 (Notification/contact to Customers)
1. As a general rule, notifications or communications regarding this Service may be displayed on the Target Device in use.
2. Regardless of whether or not the notices and notices stipulated in this Agreement have reached the Customer, they will be deemed to have arrived when they are displayed on the Target Device.
Chapter 8 Prohibitions / Disclaimers
Article 14 (Prohibited matters)
The Customer shall not do the following acts when using this Service. In addition, the Company may, in its sole discretion, suspend or terminate the use of this Service by the Customer or take other appropriate measures if it is determined that the Customer has performed or may perform any of the following acts regarding this Service.
(1) Acts that violate this Agreement.
(2) Acts that violate or may violate the law, public order or morals.
(3) Acts that cause or may cause damage to the Company or a third party.
(4) Acts that interfere with this Service or our activities, acts that damage the trust of Company or a third party, or acts that may cause such acts.
(5) Acts that interfere with or may interfere with facilities used by the Company or a third party to use this Service or the operation of this Service.
(6) Acts of using this Service by impersonating another person or logging into an account which the Customer is not authorized to access.
(7) Modification of this Service, reverse engineering (including analysing the Contents and converting them into a human-readable form), de-compilation, disassembly, etc. that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of this Application.
(8) The act of falsifying the information provided through this Service, or the act of disclosing it to a third party without the prior consent of the Company.
(9) Acts of using this Service for commercial purposes, etc.
(10) Acts of transferring or lending all or part of the rights and obligations related to the use of this Service to a third party, or acts equivalent thereto.
(11) Acts that infringe or may infringe the copyright or other intellectual property rights of the Company or a third party.
(12) Political activities, religious activities, criminal acts or acts that lead to them.
(13) Acts of using this Service unlawfully or for unlawful purposes.
(14) Acts equivalent to the preceding items.
(15) Other acts that the Company deems inappropriate.
Article 15 (Exemption from liability)
1. It is the Customer's responsibility to use this Service based on this Agreement, and the Company is not responsible for the use of this Service by the Customer and other third parties except as
explicitly provided in this Agreement. The Customer is solely responsible for his conduct while accessing or using this Service.
2. The Customer understands and agrees that, to the maximum extent permitted by applicable law, this Service is provided “as is” and “as available”, without express or implied warranty or condition of any kind. The Customer uses this Service at his own risk. To the maximum extent permitted by applicable law, the Company makes no representation and disclaim all warranties and conditions with respect to this Application and this Service, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of satisfactory quality, or merchantability.
3. The Company does not guarantee that the service provided by the Company will operate normally, that it will operate normally in the future, and that the service can be used on TVs made by the Company other than the Target Device. In addition, if the Customer suffers damage due to this Service not operating normally or this Service not being available, the Company will not be liable for such damage.
4. The Company does not warrant that this Service is free of malware or other harmful components. We do not guarantee that the Target Device will operate normally or will operate normally in the future by using this Service. In addition, we are not responsible for the result of using this Service.
5. If the Customer or a third party suffers damage due to an error in this Service or the Target Device by the Customer, insufficient management, or unauthorized use by a third party, the Company shall not be liable for the damage. If the Company receives a claim for damages from a third party, etc., the Customer shall indemnify the Company and compensate for the damage suffered by the Company.
6. When the Customer uses this Service, if the Target Device is damaged or malfunctions, or the Registration information or other information or data registered in the Target Device or the Target Device required for using this Service is damaged, lost, or changed, we will not take any responsibility.
7. The Company does not guarantee the accuracy of the information, etc. obtained by the Customer through this Service and the suitability for a specific purpose. In addition, if the Customer or a third party suffers damage due to the use of such information, etc., the Company shall not be liable for the damage unless there is a reason for the responsibility of the Company. If a request for damages is received from a third party, etc., the Customer shall indemnify the Company and compensate for the damage suffered by the Company.
8. The Company shall not be liable for any dispute such as infringement of rights caused by the use of this Service by the Customer and the information provided through this Service with a third party.
9. If the owner changes due to resale of the Target Device, etc., the Customer who registered the Target Device shall promptly delete (initialize) the registered information before the owner change, the Company shall not be liable for any damages caused by the Customer's failure to initialize the system, and if the Company receives a claim for damages from a third party, etc., the Customer shall indemnify the Company and compensate for the damage suffered by the Company.
10. When this Service is linked with a service provided by another company, the content of the service provided by the other companies and the Content posted to the service provided by the other companies are managed by the company that provides the service, we are not responsible or liable for it. In addition, we make no representation nor do we warrant, endorse, guarantee, or assume responsibility for any third party application (or the content thereof), or any other product or service advertised or offered by a third party on or through this Service or any hyperlinked website, or featured in any banner or other advertising.
11. The Company shall not be liable for any damages caused to other users or other third parties due to the use of this Service by the Customer without obtaining the consent of this Agreement from other users. If the Customer receives a claim for damages from another user or other third party, the Customer shall indemnify the Company and compensate for the damage suffered by the Company.
12. We do not guarantee that this Service does not infringe the intellectual property rights and other rights of third parties. We are not responsible for any indirect, incidental, special, consequential, punitive, or multiple damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (1) the Customer’s use of this Service or inability to use this Service; (2) the Customer’s access or inability to access this Service; (3) the conduct or content of other users of their parties on or through this Service; (4) unauthorized access, use or alteration of the Customer’s Content, regardless of the theory of liability (contract, tort, or otherwise) and even if the Company has been advised of the possibility of such damages. In no event shall the Company and its affiliates’ aggregate liability for all claims relating to this Service exceed the amount the Customers paid the Company in the last twelve (12) months for any paid service.
If the law of the country where you live does not allow any limitation of liability provided for in this article, that limitation will not apply.
13. We are not responsible for any loss, damage or harm related to your inability to access or use this Service based on suspension or termination of your right to access or use this Service due to your breach of this Agreement.
14. Notwithstanding the preceding paragraphs, if there is a reason for liability to the Company, the Company will suffer damages that are normally caused by default or tort according to the social conventions suffered by the Customer in using this Service. We will only be liable for compensation (normal damage). However, this paragraph does not apply if the Company has intentional or gross negligence.
15. By using this Service, the Customer agrees, to the extent permitted by law, to indemnify and hold the Company, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of the Customer’s breach of this Agreement, the Customer’s use of this Service, or any action taken by the Company as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. The Customer agrees that the Customer shall not sue or recover any damages from the Company, its directors, officers, employees, affiliates, agents, contractors, and licensors as a result of the Company’s decision to remove or refuse to process any information or content, to warn the Customer, to suspend or terminate the Customer’s access to this Service, or to
take any other action during the investigation of a suspected violation or as a result of the Company's conclusion that a violation of this Agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this Agreement.
Chapter 9 Others
Article 16 (Inquiries)
For inquiries regarding this Service, please use the inquiry page below.
Article 17 (Restrictions on transfer of rights and obligations, etc.)
The Customer may not transfer the rights and obligations related to the use of this Service based on this Agreement with the Company to a third party, or act in a similar manner.
Article 18 (Intellectual Property Rights)
The intellectual property rights related to this Service belong to us or a third party to whom we are licensed. The provision of this Service to the Customer under this Agreement does not mean any transfer of rights to the Customer. Except as expressly granted in this Agreement, we reserve all rights not expressly granted to the Customer.
Subject to the Customer’s agreement to and compliance with this Agreement, we grant to the Customer a personal, non-exclusive, non-transferrable, revocable, limited license to use this Service (including this Application in connection with this Service) solely for your personal, non-commercial use to this Service in accordance with this Agreement. This license does not include any right to, and the Customer shall not: (1) sell, resell or commercially use this Application; (2) copy, reproduce, distribute, publicly perform or publicly display this Application; (3) modify this Application, remove any proprietary rights notices or markings, or otherwise make any derivative uses of this Application; (4) use any data mining, robots or similar data gathering or extraction methods on this Application; and (5) use this Application other than for its intended purposes.
Article 19 (Anti-social forces)
We do not allow the use of this Service by anti-social forces (gangsters, members of gangsters, etc.) or those involved. If you become or are found to be an anti-social force or a related party, we may delete your Registration information and suspend or terminate the use of this Service.
Article 20 (Change of this Agreement)
1. The Company may, at its discretion, change this Agreement if any of the following applies. The Terms of provision of this Service after this Agreement has been changed are based on the changed agreement.
(1) When it meets the general interests of the Customer.
(2) When it does not violate the purpose of this Agreement and is reasonable in light of the necessity of change, the legitimacy of the changed content, and other circumstances related to the change.
2. Unless otherwise specified by the Company, the changed content of this Agreement will be displayed on the Target Device to the effect that the agreement will be changed. The content of the changed agreement and the effective date of the changed content will be notified to the Customer. The Customer should check this change displayed on the Target Device.
3. If the change of this Agreement involves a significant change of the agreement contents, the Customer may terminate the use of this Service by performing the prescribed deregistration procedure for the Target Device for which this Application has been registered as a device by the date when the change becomes effective. In addition, if this paragraph applies, we will notify the user by notification when this Agreement is changed.
4. Notwithstanding the provisions of the preceding three paragraphs, in the case of changes that require the consent of the Customer due to decree, etc., the consent of the Customer shall be obtained by the method prescribed by the Company.
Article 21 (Governing law and Jurisdiction)
1. This Agreement shall be governed by the laws of Japan and shall be interpreted according to Japanese law.
2. For any disputes between the Customer and us regarding this Agreement or the service, the Osaka District Court shall be the exclusive court of the first instance.
Article 22 (Severability)
If any provision of this Agreement becomes void or unenforceable, this shall not render any other part of this Agreement void or unenforceable. If a court deems a provision of this Agreement to be void or unenforceable, such provision shall be narrowly interpreted to the extent necessary for it to become valid and enforceable.
Article 23 (Force Majeure)
We shall in no way be liable for any delay or failure in the performance of our obligations hereunder to the extent such delay or failure is caused or is a result of acts beyond our reasonable control, including, but not limited to, acts of God, fire, flood, earthquake, accident, riot, war, government intervention, terrorism, embargoes, strikes, labour difficulties, equipment failures, or any other causes beyond the control of the company.
Article 24 (Entire Agreement)
These terms and conditions constitute the entire agreement between you and us concerning the use of this Service and supersede any and all statements or other agreements, whether oral or written, between you and us. These terms and conditions may not be altered, edited, supplemented or amended in any manner and any such alteration, edit, supplement or amendment shall be null and void, unless first agreed to by you and an authorized representative of us in writing.