Terms of Service
for Digital Reality Location
In order to use a service called Digital Reality Location (hereinafter referred to as the “Service”), which is provided by Geek Pictures Inc. (hereinafter referred to as the “Company”), you must agree to the following Terms of Service (hereinafter referred to as the “Terms”). By becoming a consumer of this Service (hereinafter referred to as the “User”), you are indicating that you have agreed to the contents of these Terms.
- Article 1 (Service details)
1. The Company shall grant the User the non-transferable and non-exclusive right to use the data
provided by the Company, which encompasses image and video data of cityscapes and other sceneries that
have been processed with 3D technology.
2. The data provided by this Service can only be used for the single project declared at the time of application. If the User wishes to use the data for another project, he/she must declare this project separately by applying for the use of this Service once again. Also, the extent to which the data can be used in the single project shall be determined by the Company.
- Article 2 (Data provided)
1. Through this Service, the Company shall provide video and image data (hereinafter referred to as
“Data Provided”) that is obtained by using 3D technology to edit, process, synthesize and perform
other alterations to image data of cityscapes and other sceneries based on the video and the purpose
of use. Alterations such as editing, processing, and synthesizing shall be undertaken by Visualman
Tokyo Inc. for an additional fee.
2. The quality, format and other details about the subject of the Data Provided shall be specified in advance by the User.
- Article 3 (Usage fee)
1. By using the payment method prescribed by the Company, the User shall pay the service usage fee
that is determined separately by the Company. The usage fee for the Data Provided shall be charged by
the Company, while the labor fee for alterations such as editing, processing, and synthesizing shall
be charged separately by Visualman Tokyo Inc.
2. If the User delays payment of the fees specified in the preceding paragraph, he/she must pay the delayed fees alongside a late fee, which is charged at the rate prescribed by the Civil Code, from the day immediately following the due date of the delayed fees until the settlement of said fees.
- Article 4 (Matters to be understood)
Before using this Service, the User must understand the contents of each of the following items.
① In relation to the portrait rights and other rights included in the Data Provided by this Service (hereinafter referred to as “Existing Rights”), there are copyrights for the creators of the objects photographed and various other intellectual property rights that concern the structures photographed such as buildings and signboards, as well as the people and products that these structures are designed for. The Company does not have the intellectual property rights or usage rights that are related to the Existing Rights included in the Data Provided, and the Service does not include the acquisition of rights or licenses from the holders of the Existing Rights and the costs associated with it. Depending on the conditions in which the Data Provided is used, the User may need to separately obtain licenses from the holders of the Existing Rights, under his/her own responsibility and judgment.
② For buildings and objects that are photographed as part of landscapes and scenes, licenses are generally not required according to the provisions of Article 30-2 of the Copyright Act. However, if certain buildings, stores, facilities, works copyrighted by third parties such as outdoor artworks, personal properties (including animals) and so forth are captured as the main object of photographs, then depending on the conditions behind this, problems may arise with the right holders once these photographs are used. Therefore, it is advisable for the User to obtain licenses from the right holders in advance.
[Examples of objects that require caution when photographed]
・ Famous buildings that are photographed as the main object, or are photographed on site.
・ Copyrighted works such as signboards and outdoor artworks that are photographed as the main object,
③ The intellectual property rights and portrait rights related to the copyrights and Existing Rights of the Data Provided by this Service belong to the Company and the holders of each Existing Right. In addition, these intellectual property rights including copyrights shall not be transferred to other parties.
- Article 5 (Prohibited items)
When using this Service, the User must not engage in any of the acts described in the following items
or acts that the Company deems to correspond to the following items.
① Acts that violate or may violate laws and regulations.
② Criminal acts, or acts that lead to or may lead to criminal acts.
③ The act of using this Service for illegal purposes such as slander, or damaging the reputation or credibility of the object photographed in the Data Provided.
④ The act of recording, registering, or using all or part of the object photographed in the Data Provided for display in all or part of a trademark, trade name, service mark, or other commodities.
⑤ The act of reselling videos and images created with this Service to third parties; however, this excludes delivering advertisements and other User-created deliverables to advertisers for use.
⑥ The act of using videos and images produced with this Service for purposes that are contrary to public order and morality (use for pornography (including child pornography), sex industry, fraudulent business practices, adult websites, dating websites, relations with crime syndicates, etc.)
⑦ Acts that infringe the copyrights and other intellectual property rights of the Company or a third party, and other rights.
⑧ The act of using videos and images produced with this Service to utilize or provide harmful programs such as computer viruses.
⑨ The act of modifying or processing the Data Provided without the Company’s permission.
⑩ Acts that correspond to the acts listed in the preceding items, and other acts that the Company deems inappropriate
- Article 6 (Unauthorized use)
1. If the User utilizes the Data Provided in a manner that exceeds the scope permitted based on the
Terms of the Company, without obtaining permission from the Company in advance, the User shall pay the
Company the full usage fee alongside a penalty fee that is ten times the full usage fee, while the
Company shall separately compensate for all damages (including legal fees and attorney fees) suffered
by the photographer and the objects photographed.
2. In the event of the scenario described in the preceding paragraph, the User shall provide all information requested by the Company, including the personal information (name, address, telephone number, name of the person in charge, etc.) of the persons involved in the unauthorized use of the Data Provided.
- Article 7 (Disclaimer)
The Company shall not be liable for any of the following damages or disputes.
① Damages or disputes with a third party caused by the User’s failure to confirm the details (quality of the subject, format of the Data Provided, etc.) of this Service beforehand under his/her own responsibility.
② Damages or disputes with a third party caused by the User’s failure to process the Existing Rights (including the processing of rights that is required when modifications or alterations are made as per the User’s instructions) concerning the objects photographed in the Data Provided by this Service, according to the conditions in which the said data is used.
③ Damages or disputes with a third party caused by various deliverables that are created by the User through this Service, or the contents and events related to these deliverables.
④ Damages or disputes with a third party that arise when the User utilizes this Service under a purpose or method that violates these Terms, or utilizes this Service or the Data Provided after the license is canceled by the Company.
⑤ The corruption of data and the impacts of computer viruses and other malfunctions on technologies such as terminal equipment, communication equipment, recording media, and software that arise or may arise due to the use of this Service.
- Article 8 (Compensation for damages)
1. Regarding the use of this Service, if the User suffers damages due to the Company’s intentional or
gross negligence, he/she shall be compensated by the Company for the damages suffered up to a maximum
of the usage fee paid for this Service.
2. If the User utilizes this Service or the Data Provided in a manner that violates these Terms, and causes the Company to suffer damages as a result, he/she shall compensate the Company for these damages (including legal fees and attorney fees).
- Article 9 (Discontinuation of the use of this Service)
If the User falls under any of the following items, the Company shall be able to revoke his/her
license for this Service without the need for any warning or notification, which shall completely
prevent him/her from using the Service and the Data Provided thereafter.
In the event of such circumstances, the User shall follow the instructions of the Company to destroy all the images, videos and duplicates that were produced from the Data Provided, and if there are any damages suffered by the Company or a third party due to the User’s actions, the User, the User’s employer or his/her affiliated organization shall agree to compensate for all the damages incurred (including legal fees and attorney fees).
In addition, in the unlikely event that the license is restricted, suspended, discontinued or terminated, the Company shall not be liable for any damage caused to a third party or any dispute that arises between the User and a third party, regardless of the reason.
① If the User violates Article 5 or falls under Paragraph 1 of Article 6 in these Terms.
② If the User violates these Terms and does not amend the violation despite having been notified to amend it for a considerable period of time.
③ If there is a serious misstatement in the content declared or reported to the Company.
④ If the User fails to pay with a bill or a check, or stops paying.
⑤ If the User receives a non-payment disposition, or a petition for compulsory execution, provisional seizure, provisional disposition or auction.
⑥ If there is a petition for bankruptcy, special liquidation, corporate reorganization or a decision to start civil rehabilitation.
⑦ If the business is suspended, or the business license or registration is canceled by regulatory bodies.
⑧ If the condition of the property deteriorates or is at risk of deteriorating.
⑨ If the User engages in an act that destroys the trust with the Company.
⑩ If the User is identified as a social force or an equivalent entity (hereinafter referred to as a “Anti-social Force”), or is found to be involved in illegal donations, threatening acts, acts that damage credibility, acts that obstruct businesses, fraudulent acts, acts of organized crime, or unreasonable demands that are beyond legal liability.
⑪ If it is found that the User or his/her staff, whether directly or indirectly, has some kind of financial or non-financial relationship with an Anti-social Force, or if it is found that the User or his/her staff is involved in providing funds or an act equivalent to providing funds to an Anti-social Force without questioning their pretext for receiving the funds.
⑫ If a person who belongs to an Anti-social Force or has a close relationship with them is appointed as the company director or is hired as an employee, or if an Anti-social Force is involved in the management of the company.
- Article 10 (Other)
1. These Terms are governed by the laws of Japan.
2. Even if some of the provisions in these Terms are rendered invalid, the remaining provisions shall continue to be valid and shall be applied to the Company and the User.
3. If a problem arises between the User and the Company in relation to the use of this Service provided by the Company, both parties shall discuss and resolve the problem with integrity by observing the principle of good faith.
4. The Tokyo District Court shall have exclusive primary jurisdiction for any disputes regarding this Service.
End of Terms of Service