Smart4me Agreement for use
Article 1 Application of the agreement
- This agreement for use (hereafter "agreement for use") shall be applied to all the actions when a user uses this service that Climarks Inc. (hereafter "our company) provides.
- This agreement for use provides the use conditions of this service. Users shall use this service according to this agreement for use.
- It is considered that the user agreed to all the contents of this agreement for use by using this service.
Article 2 Definitions
The definitions of the terms used in this agreement shall be as the following respective items.
- This service
- It means the service called "smart4me" that our company manages.
- It means a person who has been registered as a member for the use of this site.
- It means the character string to identify the user that the user has set to receive this service.
- It means the character string that will be checked with the account to identify the user when using this service.
- Information on the image and text data, etc.
- It means information that can be up-loaded by using this service like an image, a photograph, text data, etc.
- It means the action that the user preserves information of the image and the text data, etc., in the server through this service.
Article 3 Change in this agreement for use
- Our company shall retain the right to change this agreement for use at our own discretion at any time.
- The agreement for use after the change shall come into effect from the point displayed on this site unless our Company separately provides.
- When the user uses this service after a change in this agreement for use comes into effect, it is considered that the user agreed to all the contents of the agreement for use after the change.
Article 4 Registered information and personal information
- Our company shall use the registered information for the purposes of the respective items below.
- Management of this service (including an offer of information on various fields from our company to the user)
- Provision of a service of our company that we judge to be beneficial to the user (not limited to this service) or of information on an article for sale and/or service, etc., of an advertising client or a business partner.
- Questionnaire survey and analysis for quality control of this service.
- Communication to the users concerning the matters that exert a significant influence on the management of this service (including but not limited to a dramatic change and/or a temporary stop of this service).
- Communication with users to request agreement concerning handling of personal information.
- Our company shall not disclose the registered information to a third party other than the user himself or herself, except the cases provided by the following respective items.
- In the case we conduct aggregation and analysis, etc., of the registered information for the purpose of an improvement of this service, a related business development, marketing of a business partner, etc.
- In the case what was obtained by the aggregation and analysis, etc., of the preceding item shall be disclosed or provided to a third party in the form that it is impossible to identify or specify the individuals.
- In the case there is the user's agreement about the disclosure or use of personal information.
- In the case it is deemed necessary to disclose or use the personal information in order to provide a service that users want.
- In the case a third party such as our business partners need the personal information in order to provide users with service. (Note that such a company shall not use the personal information that our company provided beyond the scope necessary for the offer of the service.)
- In the case the user who was requested to answer a questionnaire, etc., about the service that our company offers provides to a third party the character, the figure, the still picture, the dynamic image and other information provided to our company as the answer information. (In such a case, the party our company provides the information to is limited to the party that placed the order of the questionnaire or a business partner. Furthermore, the offer shall be made in a form that it is impossible to specify the individuals. )
- In the case our company transmits to users the advertisement or the information on the service of our company or a third party such as a business partner.
- In the case our company is duly requested to disclose by a court, a prosecutors office, the police, or a public agency that has similar power to them.
- In the case it is deemed necessary in order to safeguard the rights, the property, and service, etc., of our company, users, and/or other third parties.
- In the case there is imminent danger to a person's life, body, or property, etc., and there is an urgent necessity.
- Users shall agree in advance to use of the registered information in accordance with the articles herein provided and shall make no objections to it.
- A user can make a request of disclosure, deletion, correction or suspension of use of the personal information registered for this service and our company shall handle such a request promptly as long as the request can be confirmed to be from the user himself or herself.
Article 5 User's registration
- The person who hopes for the use of this service shall finish the user's registration pursuant to the method provided by our company after agreeing to the details of this agreement for use.
- The person who finished the user's registration (hereafter "User's registration applicant") shall become the user when our company approves the application for the user's registration.
- Our company will provide users with notifications of new services, advertisements, office memos on the management of service, and other information. However, in the case a user makes notification of his or her hope of not receiving the information, pursuant to the method provided by our company, regardless of whether before or after the start of the service, our company shall stop providing such a user with the information except in the case where the information is necessary to continue providing this service.
Article 6 Nonacceptance of user's registration
When it corresponds to one of the following respective items, our company might not approve the user's registration of the user's registration applicant by our judgment.
- In the case the user's registration applicant applied for the admission not based on the method of the preceding article item 1.
- In the case the user's registration applicant has ever received a compulsory withdrawal from membership for a reason of a violation of this agreement for use or another agreement for use, etc.
- In other cases our company judges as being improper.
Article 7 Holding of account
- A user shall hold one account per person. However, it is not the case when our company separately authorizes.
- Our company shall not approve of any lending or transfer of an account and/or password if not within the constituent members of the same group that has been admitted by our company to be a holder of an account and password. Our company shall never be responsible for any damage caused by a user's lending or transferring of an account or password.
Article 8 Maintenance of use environment
- A user shall appropriately maintain all equipment, software, and means of communication necessary to use this service on his or her own responsibility and charge.
- A user shall take security countermeasures to prevent computer virus infections and unlawful computer accesses as well as leakage of information, etc., responding to his or her own use environment.
- Our company will not be involved at all in a user's use environment and not take any responsibility at all.
Article 9 User's responsibility
- A user shall use this service for the self-responsibility and shall assume all the responsibilities for all their actions and their results by using this service.
- When a user damages others' honor, infringes on a person's privacy, discloses a third party's personal information without permission, makes an action that violates the copyright law (Law No.48 in 1970), or in other forms infringes on the right of others, the user in question shall solve the probem(s) on his or her own responsibility and charge, and our company will never assume such a responsibility at all.
- A user recognizes that our company has no duty of preservation about information on the images and the text data, etc., that the user has uploaded by this service, and shall take the backup data of the information such as the images or the text data, etc., from time to time as deemed necessary.
- A user shall judge by his or her own responsibility the relevance of the remarks offered through this service and the accuracy, completeness, and benefit of other information.
Article 10 Prohibited matters
A user must not do the following actions in using this service. When you violate the prohibited matter, you may receive a penalty such as suspension, deletion of a part of, or all of, the information of the image and/or the text data, etc., or change of the scope of the disclosure, etc.
- Action that violates or has the possibility of violating an intellectual property right such as copyright or trademark of our company or another party.
- Action that violates or has the possibility of violating a property, privacy or right of portrait of our company or another party.
- Action that discriminates or puts down our company or other party in an unjustified way or an action that helps discrimination or libel and slander
- Action of using another person's name or abusing a representation right or a power of attorney or pretending to be in collaboration or cooperation with other people or organizations, for the sake of using this service.
- Action that is related to or is likely to be related with a crime such as cheating, abuse of controlled substances, child-sex trade, illegal buying and selling of a deposit/saving account or a cellular phone.
- Action listed in one of the following 3 items in relation to information on the image and text data, etc., that corresponds to indecency, child pornography or child abuse (hereinafter "this infomation").
- Action of uploading or displaying this information.
- Action of selling a medium that contains this information.
- Action of transmitting or displaying a medium that contains this information, or of uploading or displaying an advertisement that evokes purchasing of such a medium.
- Action that aim at sexual behavior or indecency, etc.
- Action that aims at meeting a member of the opposite sex who is not an acquaintance, etc.
- Action that evokes or promotes a youth leaving home.
- Action of running an illegal gambling, or of soliciting for the participation in illegal gambling.
- Action of undertaking, intermediating or provoking an illegal action (assignment of a gun, etc., manufacturing of explosives, offer of kiddie porn, forgery of official documents, homicide, threats, etc.)
- Action of provoking or inviting others to commit suicide.
- Action of uploading or displaying information of images and/or text data that corresponds to one of the following.
- Information of an image and/or text data, etc., of the scene of criminal homicide or injury.
- Information of image and/or text data, etc., of a picture of a corpse.
- Information of image and/or text data, etc., of a picture of other act of brutality.
- Information of image and/or text data, etc., of an endless money chain (or a pyramid scheme), chain mail, MLM, a lead mail, etc., that solicits others.
- Information of image and/or text data, etc., that solicits to a site judged by our company to be improper, such as an adult site, one click cheat site, a site that aims at circulation of harmful computer programs, etc., exemplified by a virus (including a simple action of establishing a link).
- Information of image and/or text data, etc., that our company judges that the possibility that other users will feel is offensive and unpleasant such as a grotesque image.
- Information of image and/or text data, etc., that contains the privacy of the user's own personal information or of the third party (name, address, telephone number, or e-mail address, etc.)
- Information of image and/or text data, etc., that violates laws regulating stalking, etc.
- Information of image and/or text data, etc., that contains false information and aims at creating misbelief by people of a fact.
- Information of image and/or text data, etc., that aims at spreading of false information, imposture, confidence damage, or service obstruction, etc.
- Information of image and/or text data, etc., that is deemed harmful for minors.
- Other information of image and/or text data, etc., that our company judges to be improper.
- Action of embedding a script, etc., in the information of image and/or text data, etc., that a user has up-loaded.
- Action of collecting a third party's personal information.
- Action of unrighteously rewriting or deleting the information that has been accumulated in our company's facilities.
- Action of transmitting or publishing a harmful computer program, etc., such as a virus.
- Action that puts a strain on the server of our company or of others, or an action that gives or is likely to give an obstacle to the management of this service or the network system.
- Action of pasting a link to promote an action, with the knowledge that such an action corresponds to one of the preceding items.
- Action that violates a law, public order and morality, or this agreement for use or other agreement for uses etc., or an action judged by our company to be violating the right of others.
- Any other actions judged by our company to be improper.
Article 11 Change in service, etc.
Our company shall retain the right at any time at our own discretion for an arbitrary reason to make an addition to, change, suspend or end this service. Users shall lose the right to use this service when our company ends the offer of this service. When our company ends the offer of this service, our company shall not bear the duty of maintaining the remarks or the materials displayed in relation to this service.
Article 12 Use charge
- User's registration and the basic service shall be free of charge.
- The rate of the use charge and the method of payment, etc., of the pay service shall be as stipulated by the agreement for service use.
Article 13 About up-loading of an image and/or a photograph, etc.
A user is considered to have guaranteed and declared the following by uploading graphical material (hereafter "the image") in the use of this service.
- The user himself or herself is the copyright holder of this image, or the copyright holder of the image has permitted the user to use the image or the contents included in the image in the way the user is using and in accordance with the purpose.
- The user has the right to permit the use or sub-license of the image in accordance with the conditions stated in this agreement for use.
- In the case a person is drawn in the image, the person in question agrees to the use of the image in accordance with this agreement for use, including but not limited to its distribution, public display and duplication.
Article 14 Use permission, etc., of information of image and/or text data, etc.
- The right of information of image and/or text data, etc., that a user has up-loaded (copyright and peripheral rights such as moral rights, etc.) belongs to the person who created it.
- Our company shall have the right to use the information of image and/or text data, etc., that a user has up-loaded, provided that it is within the scope deemed necessary for smooth provision of this service, and construction, improvement and maintenance of our company's system.
- 3. Users acknowledge that this service as well as the remarks and materials our company publicize by this service and the design, layout, function and management of the website provided by this service are protected by laws in relation to intellectual properties such as copyrights, trademarks, patents, etc., and all other properties, and that our company and the party who licensed the use to our company own all the rights to the intellectual properties and that the rights are in no way transferable.
Article 15 Disclaimer
- Our company will not be involved in the users' communication and activities. Even when there is a dispute between users by any chance, it shall be solved among users concerned and our company shall not assume any responsibility.
- Our company shall not assume any responsibility about any of the damages caused by addition,,change, suspension or termination of this service. Our company shall also not assume any responsibility about any of the damages caused by a decrease of display speed or an encumbrance, etc., due to excessive accesses and/or other unanticipated factors.
- Our company will not owe the duty of monitoring or preserving the information of images and/or text data etc., up-loaded by users.
- Our company will not guarantee this service, availability of information provided as part of this service, or the resultant accuracy, timeliness or other credibility of the information.
- The users shall acknowledge that our company will assume no responsibility in relation to any threatening, insulting, anti-moral, offensive or illegal remark or action, or a violation of the rights of others such as an intellectual property, by a third party including other users.
- Users shall acknowledge that in the case of making a transaction with a third party about an article for sale or service information, etc., that a user published on the web by this service, the user who makes such a transaction will do so by its own responsibility and burden, and that our company shall in no way be involved in such a transaction.
- In the following cases, our company shall retain the right to inspect, preserve or disclose to a third party the information of image and/or text data, etc., up-loaded by a user(s). Our company will assume no responsibility about any damage caused by it.
- In the case our company transmitted an e-mail to the registered e-mail address of a user who had contributed the information of image and/or text data, etc., in order to seek consensus on an inspection etc., and it corresponds to one of the cases in the following respective items.
- When a user concerned agrees to the inspection, etc
- When the answer by an e-mail from the user in question to the effect of rejection has not reached the mail server of our company within 7 days after our company's transmission of the e-mail to seek consensus on an inspection, etc. However, it is not the case when an emergent and inevitable reason has occurred.
- When it is necessary to clarify the reason of and give solution to a technical problem.
- When our company receives a formal request to do so based on the laws or regulations from a public agency such as the court or the police.
- When our company judges that an action that violates or is likely to be violating this agreement for use has occurred and there is a necessity to confirm the details of the information of image and/or text data etc.
- When our company judges that there is an imminent danger to a person life, body or property, etc., and there is a pressing necessity.
- When it is necessary for a legal procedure
- When it becomes necessary to do so in order to manage this site appropriately, other than the above-mentioned cases.
Article 16 Deletion of information
In the following cases, our company shall retain the right to delete the information, based on its own rational judgement, without making a prior notice to the user(s).
- When our company judges that the published details correspond to the provisions of Article 10 of this agreement for use (prohibited matters).
- When the volume of information registered by the user exceeds the capacity predetermined by our company.
- When our company judges that there is a necessity to delete the information in accordance with the law(s) and the conventional wisdom, other than the above-mentioned cases.
Note that the user or the third party shall take all the responsibility about any information that the user or the third party transmitted, and that our company shall not assume any responsibility for the damage at the user or the third party caused by our company not deleting the information since our company does not bear duty of monitoring and/or deleting the information in relation to this article.
Article 17 Effectiveness of this agreement for use
- Even if a part of the provisions of this agreement for use is judged to be not in effect based on the laws and regulations, this agreement for use shall be assumed to be effective.
- Even in the case a part of the provisions of this agreement for use is judged to be not in effect or has been canceled in relation to a certain user, this agreement for use shall remain in effect in relation to other users.
Article 18 How to deal with actions, etc., that violate this agreement for use.
- In the case that a user is recognized to have violated this agreement for use or that our company judges there is a necessity to do so, our company may take one or more of the following countermeasures to the user in question.
- To request a discontinuance of the action, etc., that violates this agreement for use and no repetition of the same or similar actions in the future.
- To request a voluntary deletion or correction of the information of image and/or text data, etc.
- To delete all or a part of the information of image and/or text data etc., and change the scope of the disclosure to the public or make it in a state that cannot be inspected (closed-door).
- To force the user to withdraw from membership.
- Not to approve the user's registration of the applicant.
- The user cannot protest to our company about the penalty to the action, etc., that violates this agreement for use in accordance with Article 6, 10, 16 and the item 1 of this article.
Article 19 Applicable law and jurisdiction
The applicable law of this agreement for use is Japanese law. Tokyo District Court or Tokyo Summary Court shall be the exclusive jurisdictional court of the first instance for all the disputes caused in connection with this agreement for use.
This agreement for use will take effect on May 18, 2011.