Article 1. Applicability
The purpose of these TOU is to set forth the rights and obligations between the Account User (defined in Article 2) and the Company regarding the use of the Service (as defined in Article 2), and shall apply to any and all relationships between them. The rules and regulations relating to the Service posted on the Company Website (as defined in Article 2) from time to time shall constitute an integral part of these TOU.
Article 2. Definitions
The following terms shall have the meanings set forth below when they are used in these TOU.
"Account User" means the user as defined in Article 3.
"Intellectual Property" means copyrights, patents, utility model rights, trademark rights, design rights, and other intellectual property rights (includes the right to acquire those rights or apply for registration, etc. for those rights).
"Company Website" means the website operated by the Company (includes the website even after the domain or content is changed for any reason).
"Service" means the image manipulation and duplication checking service provided by the Company under the name of ImaChek (or if the name or content thereof is modified for any reason, such modified service).
"Service Contract" means the "Contract" as defined in Article 3.
Article 3. User Accounts
Only the individual who has been allowed to use the Service and granted a user account (“Account User”) by corporations and other organizations who have executed a service contract for ImaChek ("Service Contract") with the Company (“Users”) can use the Service. Individuals can be granted a user account and become an Account User only if they have agreed to these TOU.
Article 4. Using the Service
Account Users can use this Service during the validity period of the Service Contract, in accordance with these TOU and other conditions determined by the Company.
Article 5. Login Information Management
- The Account User shall manage and store the information necessary for logging in to the Service, including the email address and user ID ("Login Information") at the Account User's own risk. The Account User shall not lend, transfer, sell the Login Information to a third party, or change the name.
- The Account User is liable for the damages caused by insufficient management of the Login Information, errors in use and usage by third parties, and the Company assumes no responsibility for such damages.
- If an Account User finds that the Login Information has been stolen and used by a third party, the Account User shall immediately notify the Company and follow the instructions from the Company.
Article 6. Prohibited Activities
- The Account User must not conduct any of the following activities when using the Service.
- Engage in acts that infringe the intellectual property rights, portrait rights, privacy rights, honor, other rights or interests of the Company or other users of this Service or other third parties (includes acts that directly or indirectly cause such infringements)
- Engage in criminal acts or acts which go against public order and morals
- Send or disseminate computer viruses and other malicious computer programs
- Engage in acts that disrupt the Company's operation of the Service
- Restrict or hinder any third party’s use of the Service by hacking or rewriting part of the system
- Modify, alter, translate, reverse-engineer, reverse-compile or reverse-assemble the whole or part of the Service
- Obstruct the Company’s operation of the Service (includes placing an unreasonably or disproportionally massive load on the system, server or networks necessary to run the Service)
- Use the Service for illegal purposes
- Upload illegal images to the cloud
- Send false information
- Engage in other acts the Company deems inappropriate
- If the Company determines that the information sent by the Account User while using the Service falls under any of the items in the preceding paragraph, or has the possibility to fall under any of the items in the preceding paragraph, the Company can delete all or part of the information without prior notice to the Account User. The Company will not be liable for any damages caused to the Account User due to the measures taken under this section
Article 7. Service Termination
- The Company may suspend or terminate all or part of the Service without prior notice to the Account User in any of the following cases.
- When performing periodic or urgent inspections or maintenance of the computer system related to the Service
- When the computer or communication lines stop due to an accident
- When the Service cannot be operated due to force majeure caused by fire, power outages, and natural disasters
- In other circumstances when the Company determines that suspension or termination is necessary
- The Company may terminate the provision of this Service at the convenience of the Company. In this case, the Company will notify the Account User in advance.
- The Company shall not be liable for any damages caused to the Account User due to the measures taken by the Company under this section.
Article 8. Equipment for Service
- The preparation and maintenance of computers, software, equipment, communication lines
and other communication environments necessary to use the Service shall be performed at the expense and responsibility of the Account User.
- The Account User shall take security measures such as preventing the infection of computer
viruses, unauthorized access and information leakage at the Account User's own expense and responsibility, in accordance to the Account User's environment of the Service.
- If the Account User installs the software on the Account User's computer by downloading from the Company Website or by other means at the start of, or during the use of the Service, the Account User shall take measures to prevent the loss or alteration of the information, or failure or damage to the equipment, and the Company shall not be liable for such damages incurred by the Account User.
Article 9. Attribution
- All of the proprietary rights and intellectual property rights of the Company Website and the
Service belong to the Company or individuals who grants a license to the Company, and the availability of the Service to the Account User does not imply licensing of intellectual property rights of the Company or those who grants a license to the Company, with respect to the Website or the Service.
- The copyright of images, videos, texts and other data ("Content") posted or sent by the
Account User to the Company Website or the Service shall belong to the Account User or other existing right holders. However, even during the provision period of the Service and after the provision of the Service is terminated, the Company will use the Content for the purpose of research and development of other services, and use the Contents along with the content of the Service to post to the Company Website, magazines and other media free of charge.
- All rights regarding the image analysis data acquired by the Account User using this Service
shall belong to the Account User, and the Company may use it according to the provisions of these TOU.
Article 10. Deletion of User Accounts
- In the event that the Account User falls under any of the following items, the Company shall suspend the use of this Service by the Account User or delete the user account of the Account User without prior notice or warning.
- The breach of any of the Articles in the TOU
- Instances where the Company deems that it is not appropriate for the Account User to use the Service.
- The Company shall not be liable for any damages caused to the Account Users due to the actions performed by the Company based on the preceding paragraph.
Article 11. Disclaimers and Warranties
- The Company provides the Service on an "as-is" basis, and the Company assures no guarantee of the Service, including but not limited to suitability for a particular purpose, commercial utility, completeness, or continuity.
- Even if the Account User obtains, directly or indirectly, any information about the Service, the Company Website, other users of the Service, or other matters, the Company will not provide the Account User with any guarantee beyond what is stated in these TOU.
- The Account User shall investigate whether the use of this Service violates the laws and regulations applicable to the Account User and the internal rules of industry associations, etc. based on the Account User's own responsibility and cost. There is no guarantee that the use of this Service by the Account User will comply with the laws and regulations applicable to the Account User and the internal rules of industry associations, etc.
- Transactions, communications and disputes that occur between the Account User, other users or third parties in connection with the Service or the Company Website shall be handled and resolved at the Account User's responsibility, and the Company shall not be responsible for such matters.
- The Company will not be liable for any damages incurred by Account Users in connection with the Service, which come from suspending, terminating, disabling or changing the provision of the Service, deletion or loss of the Account User's message or information, loss of data due to the use of the Service, malfunction or damage of equipment.
- In cases where the Company Website is linked to another website, or when another website is linked to the Company Website, apart from the Company Website, the Company will not assume responsibility for other websites and the content provided therein.
- The Company shall not be liable for any damages incurred by Account Users in connection with the Service. Even if the Company is liable for damages to the Account User due to the Consumer Contract Law or for any other reason, the Company's liability shall be limited to the total usage fee of the Service actually received from the Account User in the past month from the time the damage was done.
Article 12. Account User Liabilities
The Account User must indemnify the Company for any damages caused by violating the TOU, or in connection with the use of the Service.
Article 13. Confidential Information
- "Confidential Information" as used in the TOU means, in connection with the Services, all information related to the operations, finances, organization and other matters provided or disclosed by the Company to the Account User in writing, verbal or recorded media, provided, however, that (1) when provided or disclosed by the Company or when it is known, information that has already been publicly known or has already been known; (2) when provided or disclosed or known by the Company later, information which has become publicly known through publications or other reasons due to reasons not attributable to one's own responsibility; (3) items developed independently without Confidential Information, and (5) items that have been confirmed by the Company in writing that no confidentiality is required, shall be excluded from Confidential Information.
- The Account User shall use the Confidential Information only for the purpose of using this Service, and shall not provide, disclose or leak the Company's Confidential Information to third parties without the Company's written consent.
- Notwithstanding the provisions of Section 2, Account Users may disclose Confidential Information based on law, court or governmental order or request. However, if there is such an order, the Account User must promptly notify the Company.
- The Account User shall return or destroy any Confidential Information and any written or other recorded media containing the Confidential Information and any copies thereof, without delay, whenever requested by the Company and in accordance with the Company's instructions.
Article 14. Effective Period
The Account User can use the Service during the validity period of the Service Contract for this Service, as long as the user account of the Account User is valid, unless otherwise specified in these TOU.
Article 15. Modifications to the TOU
- The Company shall be able to freely change the content of this Service.
- The Company may change these TOU (including the rules and regulations related to the Service posted on the Company Website; the same shall apply hereinafter in this section). The Company shall notify the Account User of the change in the event that any provisions of these TOU are changed, and if the Account User uses the Service after notifying the changes, the Account User will be deemed to have accepted the changes.
Article 16. Notifications
Inquiries regarding this Service and other communications or notices from Account Users to the Company, and notices regarding changes to these TOU and other communications or notices from the Company to Account Users, shall be made in accordance with the method specified by the Company.
Article 17. Assignment
- The Account User may not assign, transfer, set security, or otherwise dispose with respect to the Account User's status or obligations under these TOU to any third party without the prior written consent of the Company.
- If the Company transfers the business related to the Service to another company, the Company may transfer the status, rights, and obligations based on these TOU to the assignee of the business transfer in connection with the business transfer, and the Account User agrees in advance to this transfer in this section. The business transfer specified in this section shall include not only normal business transfer but also any Company split or any other business transfer.
Article 18. Severability
Even if any provision of these TOU or any part of it is determined to be invalid or unenforceable by the Consumer Contract Act or other laws and regulations, the remaining provisions and part of these TOU are invalid or unenforceable. The remaining part of the provisions determined to be effective shall continue to be fully effective, and the Company and the Account User shall make the invalid or unenforceable provisions or parts legal and enforceable to the extent necessary to make them enforceable, and make efforts to ensure the purpose of the invalid or unenforceable provisions or parts, and the legally and economically equivalent effect.
Article 19. Survival of Certain Provisions
Article 5(2), Article 6(2), Article 7(3), Article 8, Article 9, Article 10(2) and (3), Articles 11 to 13, and Articles 17 to 20 shall survive the termination of the Service Contract.
Article 20. Governing Law and Jurisdiction
These TOU shall be governed by the laws of Japan. Conflicts that arise from the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.
Article 21. Dispute Resolution
The Company and Account Users shall promptly resolve any matter not stipulated in these TOU or any interpretation of these TOU by mutual consultation in accordance with the principle of good faith.
【Last updated: October 1, 2019】