メジャーバージョンアップのお知らせ
2024年3月26日(火)18:00 ~ 3月27日(水)12:00にかけて、メジャーバージョンアップ(Ver2.25へアップデート)を実施いたします(※終了予定時間は前後する可能性がございます)。 誠に勝手ながら、上記期間中は本システムをご利用いただけませんので、ご注意ください。 ご利用のお客様にはご不便をお掛けいたしますが、何卒ご理解いただきますようお願い申し上げます。 ------------------------------- Update to 2.25 and server maintenance March/26th/2024 (Tue) at 6:00pm ~ March/27th/2024 (Wed) 12:00pm in JST There will be a temporary suspension of all services and browsing during this period due to the service maintenance with the above schedule. We sincerely apologize for any inconvenience.

learningBOX TERMS OF SERVICE

 

Article 1. Application of the Terms

  1. In relation to use of the (learningBOX|Quizgenerator) (hereinafter referred to as the "Service"), these terms (hereinafter referred to as the "Terms") constitute an agreement (hereinafter referred to as this "Agreement") between a user of the Service (hereinafter referred to as the "User") and learningBOX, Inc. (hereinafter referred to as "We", "Us" or "Our").

  2. The User shall apply for use of the Service after agreeing to the Terms in advance. If a prospective User disagrees with the Terms, We may refuse an application for the use of the Service and offer of the Service.

  3. In the event that the User publishes the content created within the Service so that it can be used by persons other than the User (hereinafter referred to as "Public Disclosure"), the attached document "Special Agreement on the Use of the Associated Services” shall also apply.

 

Article 2. Change of the Terms

  1. In any of the following cases, We may change the content of this Agreement without individually reaching any agreement with the User and it shall be deemed that the User has agreed to the provisions of the Terms after the change of the Terms:

    1. If the change of the Terms conforms to the general interest of the User; and

    2. If the change of the Terms is not against the purpose for which this Agreement was concluded and is reasonable in light of the need for the change, the reasonability of the content after the change, or other circumstances relating to the change.

  2. If We change the Terms pursuant to the preceding paragraph, We will determine the effective date in which the change becomes effective. We will also place a notification in Our website that We will change the Terms and show the content of the Terms therein and its effective date after effecting the change.

 

Article 3. Term

  1. Unless otherwise agreed in writing by the parties, the term of this Agreement shall be one (1) year from the date that the User designates in the application as stipulated in Article 1.2 and We accept (in the absence of the designation by the User, one year from the date that We designate).

  2. If the User or We does not notify the other party that this Agreement will not be renewed within one (1) month prior to the date of the expiration of this Agreement, this Agreement shall be automatically renewed under the same condition of this Agreement for one (1) year from the next day of the date of the expiration of this Agreement. 

  3. Article 3.2 shall be applied mutatis mutandis in this Agreement which is renewed pursuant to Article 3.2.

 

Article 4. Content and Usage Charge of the Service

  1. When the User applies for the use of the Service, We will provide the User with the service specified in a usage plan that We will present to the User as the Service.

  2. If this Agreement is renewed pursuant to Article 3.2 (including the case where Article 3.2 is applied mutatis mutandis pursuant to Article 3.3), We will provide the service specified in a usage plan that We will present to the User in the renewal as the Service.

  3. The content of the Service does not include the following services, except where We present a usage plan containing all or a part of these service as the usage plan pursuant to the preceding two paragraphs:

  1. Various types of settings after the initial introduction of the Service;

  2. Preparing, creating, and/or composing any teaching materials, instructions, manuals and/or contents uploaded to the Service;

  3. Dealing with an inquiry about the Service from a third party who is not the User; and

  4. Dealing with an inquiry other than the inquiry about the method for using the Service.

  5. Maintaining and guaranteeing the screen design related to the design created by the user using the screen editing function of the Service (hereinafter referred to as "site customizer") and the screen design for which the User requested Us to modify.

  1. The User shall pay a license fee corresponding to a usage plan that We will present to the User when the User applies for the use of the Service. We do not need to return the license fee to the User for whatever reason, including the termination of the agreement.

  2. If this Agreement is renewed pursuant to Article 3(2) (including the case where Article 3.2 is applied mutatis mutandis pursuant to Article 3.3), the User shall pay a license fee corresponding to a usage plan specified in a written application for learningBOX that We will present to the User upon the renewal.

  3. In addition to the stipulations up to the preceding paragraph, the stipulations in the event that the User uses the AI-based services provided by the Company shall be as set forth in the attached “Special agreement on the use of AI”.

 

Article 5. Service Account

  1. When the User registers information relating to the User in using the Service, the User shall provide true, correct, and complete information and shall update the information to the latest information.

  2. If We give the User a notice in relation to the Service, We will transmit the notice to an email address that the User registered in advance. In this case, even if the notice fails to reach the User due to any circumstance, We may deem that the notice has reached the User by the time it should have normally been received.

  3. When the User registers a password when using the Service, the User shall have strict control over the password at the User's own risk so that it will not be used in an unauthorized manner. We may deem that any act which is performed with a registered password is the User's own act. We have a right to claim compensation from the User for damages caused to Us (including, but not limited to the amount equivalent to a license fee of a third party who unauthorizedly used the account) due to unauthorized use of the User's account.

  4. The User who registers for the Service has the right to delete its own account and to withdraw at any time. In this case, We are not obliged to return and reduce the license fee to the User.

  5. If We recognize that the User violates or is likely to violate the Terms, We have the right to suspend or delete the account without giving a prior notice to the User. In this case, We are not obliged to return and reduce the license fee to the User, and We are not obliged to compensate for damages caused to the User due to the suspension or deletion of the account.

  6. The User may make its affiliated companies use the User's account of the Service. The affiliated companies shall mean: (i) the User's parent companies (as stipulated in Article 8.3 of the Regulation on Terminology, Forms, and Preparation Methods of Financial Statements (1963, Ministerial Ordinance No. 59 of the Ministry of Finance)); (ii) subsidiary companies (as stipulated in Article 8.3 of the Regulation on Terminology, Forms, and Preparation Methods of Financial Statements); (iii) affiliated companies (as stipulated in Article 8.5 of the Regulation on Terminology, Forms, and Preparation Methods of Financial Statements); and (iv) the User's franchisors and franchisees. In this case, the User shall have these parties comply with the provision relating to the use of the User's account under this Agreement. Any act of these parties violating said provision shall be deemed as a violation by the User.

  7. We and the Service do not comply with the GDPR (General Data Protection Regulation) or other personal information protection laws based on the GDPR. The user shall use Service after confirming that it is not subject to the applicable personal information protection law.

 

Article 6. Change of the Content of the Service

  1. We maintain the right to change the contents of the Service for improvement of the Service, amelioration of the Service, or any other grounds that are recognized by Us to be reasonable.

  2. If We change the contents of the Service pursuant to the preceding paragraph, We will notify the User prior to the change at the latest.

 

Article 7. Cessation of Offer of the Service, etc.

  1. We maintain the right to cease providing the Service if We determine that We are not able to provide the Service in any of the following cases. In this case, We are not obliged to return and reduce the license fee to the User, and We are not obliged to compensate for damages caused to the User due to the cessation of the Service, except where it falls under the events as specified in Our Quality Assurance Rules: 

    1. If the maintenance or construction of the systems is required for providing the Service is performed;

    2. If earthquakes, typhoons, floods, or other natural disasters, wars, civil wars, riots, telecommunication service stop, or other unavoidable events occur;

    3. If attacks or other wrongful acts of a third party are performed;

    4. If the government or a public organization gives Us an order or other rulings to the effect that We must cease Our business; 

    5. If the User falls under any of the items restricted or prohibited in the attached "Special Agreement on Use of AI"; and

    6. If an event equivalent to those listed in the preceding items occurs.

  2. We maintain the right to cease providing the Service and terminate this Agreement directed to the Service if any of the following events happen to the User. In this case, We are not obliged to return and reduce the license fee to the User, and We are not obliged to compensate for damages caused to the User due to the termination of the agreements related to the Service:

    1. If an act as stipulated in any of the items under Article 8.2 is performed;

    2. If it turns out that the content in the application or any other notification provided to Us contains false information;

    3. If a bill or a check issued by the User is dishonored or the User, otherwise, becomes unable to make a payment;

    4. If the User is subjected to a petition for attachment, provisional attachment, provisional disposition, auction, or compulsory execution;

    5. If the User is subjected to a petition or the User makes a petition for commencement of bankruptcy proceedings, commencement of civil reorganization proceedings, or commencement of corporation reorganization proceedings.

    6. If the User is dissolved or the User transfers the whole or a significant part of the business; 

    7. If the User falls under any of the items restricted or prohibited in the attached "Special Agreement on Use of AI"; and

    8. If a serious event that damages the mutual trust between the User and Us so much that We are no longer able to provide the Service occurs, apart from the events as specified in each of the preceding items.

  3. If We cease providing the Service pursuant to Article 7.1, We will show to that effect beforehand on Our website, except in cases where We determine that We should do so in an emergency.

  4. We maintain the right to stop the offer of the Service perpetually when it is reasonably recognized that We are unable to continue providing the Service under any circumstances as specified in the items of Article 7.1. In this case, We are not obliged to return and reduce the license fee to the User, and We are not obliged to compensate for damages caused to the User due to the abolishment of the offer of the Service.

  5. If We decide that we will not provide the Service and perpetually abolish the offer of the Service pursuant to Article 7.4, We will show to that effect on Our website 30 days prior to the abolishment at latest.

  6. We shall be able to delete the information of the member who is registered for use by the User for the Service (hereinafter referred to as the "Members") when there is an act listed in the following article, paragraph 2, item 13.

 

Article 8. Terms and Conditions

  1. If an error to an email transmitted with the Service occurs due to undefined address or rejected reception by an email filtering and the like, the User shall process a returned error mail and perform any other control necessary for dealing with the error.

  2. The User shall not perform any of the following acts in using the Service:

  1. An act that infringes or is likely to infringe Our or a third party's intellectual property right (as stipulated in Article 2(2) of the Basic Act on Intellectual Property (Act No. 122 of 2002)), any other right and legally protected interest when the User uses the Service;

  2. An act of transferring, lending, or disclosing the documents, programs and the like that are provided to use the Service to a third party without a prior written consent from Us;

  3. An act of decompiling, disassembling, or reverse-engineering the Service or otherwise analyzing the Service;

  4. An act of transferring the right to use the Service to a third party;

  5. The User's unauthorized operation to the Service, an act that leads to or is likely to lead to failure of Our server or any other equipment, and an act that We determine to disturb the operation of the Service;

  6. An act of unauthorized use of a user ID or password;

  7. An act of utilizing the Service to a use which is legally prohibited to be used or provided, a computer virus, a program which disturbs or is likely to disturb Our or a third party's business, and any other thing which is likely to infringe Our or a third party's right or legally protected interest, or an act of utilizing the Service to provide the same to a third party;

  8. An act of putting undue burden on Our server or any other equipment for a purpose other than those normally expected in the use of the Service including the use of the Service by automatic operation;

  9. An act of using a payment function other than the payment function provided by the Service (only when the EC function of the Service is used);

  10. An act of damaging Our social credit;

  11. An act of transmitting an email to a person other than those who gave the User a notice to request to transmit an email that is a means to advertise or promote their business or business of others or a notice to agree to the transmission of the email in advance;

  12. An act against the public order and morality;

  13. An acts of registering or uploading Member information into the Service without obtaining the consent of the Member regarding Our Privacy Policy  in the Service; 

  14. An act  of falling under any of the items restricted or prohibited in the attached "Special Agreement on Use of AI"; and

  15. An act equivalent to each of the preceding (i) to (xii).

 

Article 9. User's Data and Contents

  1. We are not obliged to make a backup of data that the User stores in the server under Our control.

  2. We and the User confirm that the copyright of any content that the User uploads to the Service continues to belong to the person who owns the copyright of the content.

  3. When the User uploads content to the Service through the User's choice, the User may designate the disclosure restriction function of the content (limited to the content for which the User has a right to disclose it to the public) to "disclosure to the public". In this case, it shall be deemed that the User gives Us the non-exclusive license to a right required to disclose the content to the public for free, and the User will not exercise the moral right of author of the content to Us.

  4. When the User uploads content to the Service, the User shall not designate the disclosure restriction function to "disclosure to the public" for content for which the User does not have a right to disclose it to the public.

  5. We may duplicate any data that the User stores in the server under Our control or take other necessary measures only to the extent that it is recognized as necessary for maintenance or improvement of the Service.

 

Article 10. Confidentiality

We will properly maintain the confidentiality of information provided by the User in accordance with the Act on the Protection of Personal Information (Act No. 57 of 2003) and the privacy policy contained in Our website and other related rules.

 

Article 11. Advertisement

  1. In providing the Service, We may insert Our advertisement or an advertisement of a third party who requests Us to insert it on a software or other indications.

  2. Notwithstanding the preceding paragraph, We will not insert an advertisement as stipulated in the preceding paragraph for the User who utilizes the Service with a license fee.

 

Article 12. Customization of Design, etc.

If the User wishes to request the Service of modification of the design and the wording to Us, a separate contract shall be concluded.

 

Article 13. Our Responsibility

  1. In providing the Service, We shall take reasonable efforts to effect security measures, excluding the measures that We need an extra charge apart from the license fee of the Service.

  2. We are not liable to compensate for damages caused to the User due to a third party's malicious act or any other event that is not due to Our willful misconduct or gross negligence despite Our security measures pursuant to Article 13.1.

  3. We will make an effort to sufficiently provide the Service. However, We are not liable to compensate for damages caused to the User in relation to the use of the Service, with the exception of the cases as specified in the Terms and the Service Quality Assurance Rules. In the case that We are liable to compensate for damages, We will be liable for damages only to the extent of the amount equivalent to the license fee for one (1) month.

  4. We will not be liable for damages with respect to a dispute between the User and a third party in relation to the use of the Service.

  5. Notwithstanding the preceding three paragraphs, if this Agreement falls under a consumer contract (as stipulated in Article 2(3) of the Consumer Contract Act (Act No. 6 of 2000)), We will compensate for damages caused to the User of this Agreement in relation to the offer of the Service as stipulated in this Agreement (We will pay an amount up to the amount equivalent to the license fee for one (1) month as specified in this Agreement when the damage is not due to Our willful misconduct or gross negligence).

  6. In no event shall We be liable for the design of the Service for users with the Site Customizer enabled.

  7. In no event shall We be liable for the design changes of the Service for users made by the Site Customizers.

  8. The Service uses Google Translate for language translations other than Japanese and English. Applying the exemption from the attached "Google Translate Disclaimer" to the Service, We will not be liable for damages to User caused by misunderstanding of translation results. 

 

Article 14. Compliance

The User shall comply with all applicable laws, regulations, statutes, and codes, and not engage in any conduct which would constitute an offense under such laws and regulations

 

Article 15. Governing Law

  1. The Terms (including this Agreement; the same applies to the next article) shall be governed by the laws of Japan without regard to the Act on General Rules for Application (Act No. 78 of 200) and other provisions of laws relating to governing laws.

  2. This agreement is written in Japanese and shall be the official text. The original text of these Terms will supersede any translation of these Terms into any other language.

 

Article 16. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be under the sole and exclusive jurisdiction of the district court having jurisdiction over the location of Our principal office of business. 

 

Article 17. Miscellaneous

  1. Waiver. Waiver by any party of a breach or a default of any provision of this Agreement by any other party shall not be construed as a waiver of any succeeding breach of the same or any other provision, nor shall any delay or omission on the part of a party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any right, power or privilege by such party.

  2. No Agency. Nothing herein shall be deemed to constitute each party as the agent or representative of the other party, or to create a joint venture or partnership for any purpose. Neither party shall be responsible for the acts or omissions of the other. No party will have authority to speak for, represent or obligate the other party in any way without prior written authorization from such other party.

  3. Entire Agreement. This Agreement contains the full understanding of the parties with respect to the subject matter hereof and supersede all prior understandings and writings relating thereto. No waiver, alteration or modification of any of the provisions hereof shall be binding unless made in writing and signed by the parties.

  4. Headings. The headings contained in this Agreement are for convenience of reference only and shall not be considered in construing this Agreement.

  5. Severability. In the event that any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable because it is invalid or in conflict with any law of any relevant jurisdiction, the validity of the remaining provisions shall not be affected.

  6. Assignment. No party to this Agreement may assign its rights or obligations hereunder without the prior written consent of each other party; provided, however, that each party may assign its rights and obligations hereunder without the prior written consent of the other party in connection with the sale of all or substantially all of the business or assets of the assigning party. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns.

  7. Language. This Agreement shall be prepared and executed in English and if translated into a language other than English for any purpose, the English version shall in all events prevail and be paramount in the event of any differences, questions or disputes concerning the meaning, form, validity, or interpretation of this Agreement.

 

Supplemental Provision

The Terms shall be effective from April 16, 2016.

 

Supplemental Provision (revised on August 16, 2018)

The Terms after the revision dated August 16, 2018 shall be effective from August 16, 2018.

 

Supplemental Provision (revised on August 23, 2018)

The Terms after the revision dated August 23, 2018 shall be effective from August 23, 2018.

 

Supplemental Provision (revised on September 10, 2019)

The Terms after the revision dated September 10, 2019 shall be effective from September 10, 2019.

 

Supplemental Provision (revised on July 7, 2021)

  1. The Terms after the revision dated July 15, 2021 shall be effective from August 1, 2021.

  2. The Terms before the revision shall apply to this Agreement that was established prior to July 31, 2021 during the duration thereof (except where this Agreement is renewed after July 31, 2021).

 

Supplemental Provision

The Terms shall be effective from July 1, 2022.

 

Supplemental Provision (revised on November 16, 2022)

The Terms after the revision dated November 16, 2022 shall be effective from November 16, 2022.

 

Supplemental Provision (revised on January 25, 2023)

The Terms after the revision dated January 25, 2023 shall be effective from January 25, 2023.

 

Supplemental Provision (revised on June 15, 2023)

The Terms after the revision dated June 15, 2023 shall be effective from June 15, 2023.

 

Supplemental Provision (revised on September 13, 2023)

The Terms after the revision dated September 13, 2023 shall be effective from September 13, 2023.

 

END

Appendix Google Translate Disclaimer

 

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

 

The learningBOX website has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the learningBOX website, and are provided "as is." No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from Japanese into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

 

The official text is the Japanese version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, refer to the Japanese version of the website which is the official version.

 

 

Special Agreement on the Use of the Associated Services 

 

Article 1 (Application of these Terms and Conditions)

  1. These terms and conditions apply between the user (hereinafter referred to as the "user") and learningBOX, Inc, (hereinafter referred to as the "Company") of the services associated with learningBOX (QuizGenerator, CardGenerator, etc.) provided by Company (hereinafter referred to as the "Services").

  2. Users shall apply for use of the Services upon agreeing to the Terms of Use in advance.

  3. If the user is a minor, please obtain the consent of a person with parental authority or other legal representative before using the Services.

  4. In the event that a minor user uses the Service by falsely claiming to have the consent of a legal representative even though he/she does not have such consent, by falsely claiming to be of legal age, or by using other fraudulent means to make the user believe that he/she is of legal capacity, all legal acts related to the Service cannot be revoked.

  5. If a user who was a minor at the time of agreeing to these Terms of Use uses the Service after reaching the age of majority, such user shall be deemed to have ratified all legal acts related to the Service.

  6. Users shall be subject to the application of the separate "Special agreement on the use of AI" when the user uses the service utilizing AI provided by the Company.

 

Article 2 (Modification of these Terms and Conditions)

1. In the following cases, we may change the contents of this Agreement without agreeing with the user individually, by amending this Agreement, we deem that there is an agreement on the provisions of this Agreement after the change.

(i) when the modification of these Terms and Conditions is compatible with the general interests of the Users

(ii) the modification of the Terms and Conditions is not contrary to the purpose for which this Agreement was made and is reasonable in light of the necessity of the modification, the reasonableness of the modified contents, and other circumstances pertaining to the modification.

2. When modifying the Terms of Service pursuant to the preceding paragraph, the Company shall specify the effective date of the modification and indicate on the Company's website the fact that the Terms of Service are being modified, the content of the modified Terms of Service, and the effective date of the modification.

 

Article 3 (Suspension of Service Provision)

  1. In any of the following cases, the Company may suspend the provision of the Service.

(1) When maintenance or construction of the system for providing this service is unavoidable

(2) When the Company determines that the Service cannot be provided due to fire, power outage, etc.

(3) When the Company deems it impossible to provide the Service due to natural disasters such as earthquakes, eruptions, floods, and tsunamis, or due to war, disturbance, riot, civil commotion, labor disputes, etc.

(4) When a telecommunications carrier suspends telecommunications service

(5) When the Company deems it necessary to suspend the Service for other operational or technical reasons

  1. In the event of any of the following events, the Company may suspend provision of the Service and terminate the contract with the user.

(1) When it is found that there is a falsehood in the application or contact details, etc. with the Company

(2) When payment has been suspended or payment has become impossible

(3) When a disposition of seizure or provisional seizure has been made, or when an auction or provisional disposition has been filed

(4) When a petition for commencement of bankruptcy proceedings, special liquidation, corporate reorganization proceedings or civil rehabilitation proceedings is filed

(5) When the Company dissolves or transfers all or a significant part of its business to a third party

(6) Other violations of these Terms and Conditions and the attached "Special Agreement on the use of AI".

  1. In the event that Minebea suspends provision of this service pursuant to the provisions of Paragraphs 1 and 2, Minebea will post a notice to that effect on its website in advance. However, this shall not apply in cases where the Company deems such suspension to be urgent and unavoidable.

 

Article 4 (Change or Discontinuation of Service)

  1. The Company may change or discontinue the Service as it deems necessary.

  2. In the event of modification or discontinuance of the Service pursuant to the preceding paragraph, the Company shall notify the User of such modification or discontinuance prior to the date of such modification or discontinuance.

  3. In the event of modification or discontinuation of the Service pursuant to the preceding paragraph, the Company will provide a program to the user free of charge to continue providing the user's service, and will set it up so that it can begin operation. The user shall bear the costs necessary for this setup work.

 

Article 5 (Copyrights, etc.)

Users may not use or disclose information provided through the Service beyond the scope of personal use by the user as stipulated by the Copyright Act without the consent of the copyright holder or other right holder.

When publishing information provided through the Service, users shall confirm that they are not infringing on the copyrights or other intellectual property rights of third parties before publishing it.

The Company prohibits users from reprinting, copying, storing, or forwarding the contents of this service without the Company's permission.

 

Article 6 (Prohibited Acts)

In using the Service, Users shall not engage in any of the following acts

(1) Infringing or threatening to infringe any rights, including copyrights and other intellectual property rights, of the Company or any third party with respect to any document or program provided for use of the Service.

(2) Transfer, lend, or disclose to a third party any document or program provided for the use of this Service without our prior written consent.

(3) Decompiling, disassembling, reverse engineering, or otherwise analyzing, duplicating, editing, altering, or adapting the data, programs, etc. of this Service

(4) Transferring the right to receive this Service to a third party

(5) Acts that the Company deems to interfere with the operation of the Service

(6) Unauthorized use of user IDs or passwords

(7) Use of computer programs that interfere or may interfere with the business of others, such as computer viruses, through the use of the Service, or provide such computer programs to a third party.

(8) Any action that places an excessive load on our servers or other facilities for any purpose other than the original purpose.

(9) Profiting from a third party by using the Service. However, this paragraph does not apply to the use of the payment function and payment function API provided by the Service.

 (10) Acts that damage the Company's social reputation

(11) Sending advertisements, promotional or solicitation e-mails (unsolicited advertisements, spam e-mails, or e-mails that the recipient does not wish to receive) without the recipient's permission.

(12) Acts against public order and morals

(13)Items restricted or prohibited by the attached "Special agreement on the use of AI".



Article 7 (Handling of Users' Data and Contents)

  1. The Company shall not be obligated to back up the data stored by the user on the server managed by the Company, and the user shall back up his/her own data. In the event that maintenance or improvement of our services becomes necessary, we may duplicate the data stored by users on the servers managed by us to the extent necessary for maintenance or improvement of services.

  2. Copyrights to Content uploaded to the Service by users belong to the users or copyright holders of such Content. However, only with regard to content uploaded to the Service with the content publication restriction function set to "general publication" when uploading content to the Service, or content that is made available to unspecified persons through the Service, the user grants us a free and non-exclusive license to use (including reproduction, screening, public transmission, exhibition, distribution, transfer, loan, translation, adaptation, and publication) in Japan and abroad, The user shall be deemed to have granted us the right (including the right to sublicense) to use (including reproduction, screening, public transmission, exhibition, distribution, transfer, lending, translation, adaptation, and publication) the Content in Japan and abroad free of charge and on a non-exclusive basis without limitation. The user shall not exercise moral rights.

 

Article 8 (Confidentiality)

  1. In providing the Service, the Company shall maintain the confidentiality of information or materials provided by the User that are clearly designated as confidential, with the care of a good manager.

  2. Any personal information about members belonging to the user that is recorded by the user using the service shall be deemed to be clearly designated as confidential as stipulated in the preceding paragraph.

  3. Notwithstanding the provisions of Paragraph 1, information or materials that fall under any of the following items need not be treated as confidential.

(1) Generally available to the public

(2) Items already held by the Company

(3) Items developed independently by the Company outside of the Service

(4) Legally obtained by the Company from a third party

  1. The Company shall also handle personal information regarding members belonging to the user that is recorded by the user using the Service in accordance with Section 1.

  2. The provisions of this Article shall remain in effect even after the Service is terminated due to cancellation or otherwise.

  3. Upon termination of the provision of the Service, the Company shall destroy all information recorded by the user using the Service.

 

Article 9 (Advertisements)

The Company may place advertisements of the Company or third parties that have requested the Company to place advertisements on the services and software it provides. However, advertisements on the Service shall be limited to free-of-charge users of the Service.

 

Article 10 (Liability of the Company)

  1. Although we provide this service with all possible security measures, please understand that we are not responsible for any damage to our facilities or customer data caused by malicious acts of a third party, and that we are not responsible for compensation, restoration, etc.

  2. The Company shall not be liable for any disputes that may arise between users and third parties in connection with the use of the Service.

3. MCC shall not be liable for any damages whatsoever resulting from changes in the content, interruption, or termination of this service.

4. When we receive a request from another user or a third party to delete public content, we may decide whether or not to delete the content at our discretion, and we shall not be held responsible for any and all liability arising from such decision.

5. The Company does not guarantee the accuracy of information published by other users on the Service. The Company shall not be liable for any disputes or troubles regarding the information published on the Service.

6. The user acknowledges in advance that the Company does not guarantee that the Service is compatible with all information terminals, and that malfunctions may occur in the operation of the Service as a result of OS upgrades, etc. of the information terminal used for use of the Service. The Company does not guarantee that such defects will be resolved by the Company's modification of the program, etc. in the event of such defects.

7. In addition to the provisions up to the preceding paragraphs, the "Special Agreement on the use of AI" attached hereto shall apply.

 

Article 11 (Exclusion of Antisocial Forces)

1. The Company and the User represent and warrant to the other party that neither the Company nor the User falls under any of the following items and will not fall under any of the following items in the future.

(1) The company itself, its officers, or any person substantially involved in its management is a member of a crime syndicate, a member of a crime syndicate, a person who has not been a member of a crime syndicate for five years, a quasi-organized crime syndicate member, a company affiliated with a crime syndicate, a general assembly dealer, a person who is a target of social movements, etc., or a special intelligence crime group or other anti-social force (hereinafter collectively referred to as "anti-social forces"). (hereinafter collectively referred to as "Anti-Social Forces").

(2) Having a relationship in which antisocial forces are deemed to control the management of the company.

(3) Having a relationship in which antisocial forces are deemed to be substantially involved in the management of the company.

(4)To have a relationship that is deemed to involve the use of antisocial forces, such as for the purpose of making unjust profits for oneself or a third party, or for the purpose of inflicting damage on a third party.

(5) Having a relationship that is deemed to involve antisocial forces, such as providing funds, etc. or benefits to antisocial forces.

(6)The company's own officers or persons substantially involved in the management of the company have a socially reprehensible relationship with antisocial forces.

2. The Company and the user represent and warrant to the other party that they will not commit any of the following acts or cause a third party to commit any of the following acts.

(1) Unreasonable demands that use violent or threatening language or behavior.

(2) Any act that defames the other party's honor, credit, etc.

(3) Interfering with the other party's business by using deceptive means or force.

(4) Other similar activities.

3. If it is found that the other party has violated any of the preceding two clauses or has made a false declaration, the Company or the user may immediately terminate this agreement upon written notice (including electromagnetic methods such as e-mail) of the intent to terminate the agreement. In such a case, the Company may immediately terminate the Agreement upon written notice of intent to terminate the Agreement (including by e-mail or other electromagnetic means). In such a case, the other party who has violated either of the preceding two paragraphs or made a false declaration may not claim damages based on such cancellation against the other party who exercised the right of cancellation.

4. The cancellation provided for in the preceding paragraph shall not preclude the party who exercised the right of cancellation from claiming damages from the other party.

 

Article 12 (Agreed Jurisdiction)

In the event of a dispute between the Company and a user, the Kobe District Court shall be the court of exclusive jurisdiction of the first instance.

 

Article 13 (Governing Law, etc.)

  1. These Terms and Conditions shall be governed by the laws of Japan, notwithstanding the provisions of the General Rules for the Application of Laws and any other applicable laws.

  2. These Terms of Use are written in Japanese and shall be considered the official text of these Terms of Use. The original text of these Terms and Conditions shall prevail over any translation of these Terms and Conditions into any other language.

Date of enactment: September 13, 2023

 

Special Agreement on AI use

 

Article 1 (Application)

1.These Special Terms and Conditions apply to the use of artificial intelligence (including all algorithms and programs that generate prediction results as new products from past learning data) provided by Us. The same applies hereinafter. The provisions of the preceding paragraph shall apply to all services (hereinafter referred to as "AI Services") using artificial intelligence (including all algorithms and programs that generate predictions from past learning data as new products) provided by Us.

2.The provisions of the preceding paragraph shall also apply to the use of AI and services that behave in a similar manner to AI (hereinafter referred to as "AI Collaboration") by other companies through API collaboration, etc.

 

Article 2 (Disclaimer)

1. We may terminate the AI Service without prior notice to the User.

2.We shall not be liable for any AI-generated products (hereinafter referred to as "AI products"), and the use of AI products shall be at the user's own risk.

3. We do not guarantee the accuracy, authenticity, etc. of the information in the AI products.

4.We shall not be responsible for any backup or other data storage when the User uses the AI Service.

5.We shall suspend or restrict the use of services using AI in the event of changes in the terms and conditions by the AI provider, amendments to the law, or requests from the state or other administrative authorities.

6.Even if the user suffers damage in accordance with the provisions up to the preceding paragraph, We shall not be liable for compensation, etc. in relation to this.

 

Article 3 (Response to excessive use)

We shall restrict the use of the AI Service when the User uses the AI Service more frequently than expected by Us or when We deem the use of the AI Service inappropriate.

 

Article 4 (Use of learning data)

We shall take measures to prevent the data entered by the User in the use of AI from being used for machine learning.

 

Article 5 (Response to copyright infringement)

1. We shall suspend the user's AI service and delete AI products when it is clear that AI products generated by the AI service infringe the copyright of a third party, or when the copyright holder makes a claim.

2.Even if the AI products are deleted in accordance with the preceding paragraph, We shall not guarantee the backup of the data or the preservation of the data, nor shall We compensate for any damage caused.

 

Date of enactment: 2 August 2023