The terms and conditions of use shown here (hereinafter referred to as the “Terms and Conditions”)set forth the terms between Shared System Corporation(hereinafter referred to as the “Company”)and users(hereinafter referred to as the “user” or “users” depending upon context)of any services or features of Imma (hereinafter referred to as the “Service”), which is provided by the Company.
The following words will be used in this Terms and Conditions.
1.1.”Content(s)”means information such as text, audio files, music, images, location information, software, programs, computer code, etc.
1.2.”Content(s)”means content(s)that may be accessed through the Service.
1.3.”Submitted Content(s)”means content(s)that users have submitted, transmitted, or uploaded.
1.4.”Point(s)”refers to the virtual currency which users may be redeemed for contents and services offered by the Company, which are not free of charge.
1.5.”Separate Terms and Conditions” are documents released or posted by the Company under the title “agreement,” “guideline,” “policy,” etc. other than this Terms and Conditions regarding the service.
2. Agreement to Terms and Conditions
2.1. All users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they give valid and irrevocable agreement to the Terms and Conditions.
2.2. Minors may use the Service only with consent from their parents or legal guardian. Furthermore, if users use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise must also agreed to the Terms and Conditions.
2.3. By actually using the Service, users are deemed to have given valid and irrevocable agreement to the Terms and Conditions.
2.4. If there are Separate Terms and Conditions for the Service, users must also comply with such Separate Terms and Conditions as well as the Terms and Conditions.
3. Modification of the Terms and Conditions
The Company may modify the Terms and Conditions or Separate Terms and Conditions when the Company deems necessary, without providing prior notice to users. The modification will become effective once the modified Terms and Conditions or Separate Terms and Conditions are posted on an appropriate location within the website operated by the Company. Users shall be deemed to have given valid and irrevocable consent to the modified Terms and Conditions or Separate Terms and Conditions by continuing to use the Service. Personal notification regarding the modification to Terms and Conditions may not be provided, users should refer to the Terms and Conditions on a regular basis when using the Service,.
4.1. Users, when providing information about him/herself to the Company, must provide the rue, accurate, and complete information while using the Service, and keep such information up-to-date at all times.
4.2. When users register a password upon using the Service, users are fully responsible for taking care of the password from having it used illegally. The Company may treat all activities conducted with the password as activities that have been conducted by the holder of the password.
4.3. Any registered user to the Service may delete his/her account and withdraw from using the Service at any time.
4.4. The Company may suspend or delete a user’s account without giving prior notice to the user if the Company believes that the uis violating or has violated the Terms and Conditions.
4.5. The Company reserves the right to delete any account that has been inactive for over a year since its last activation, without any prior notice to the user.
4.6. Users’ rights to use the service will lapse when their account is deleted for any reason. Please be aware that the account cannot be retrieved even if users have accidentally deleted their account.
4.7. Account in the Service belongs solely to the owner of the account. Users may not transfer or lend their accounts to any third party nor may be inherited by any third party.
5.1. The Company respects the users’ privacy.
5.3. The Company exercise the utmost care and attention regarding security measures in order to securely mange information collected from the users.
6. Provision of the Service
6.1. Users shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under Users’ own responsibility and at Users’ own expense.
6.2. The Company reserves the right to limit access to the whole or part of the Service to those who meet the necessary condition given by the company such as users’ age, identification, current membership status, etc.
6.3. The Company reserves the right to modify or cease the whole or part of the Service at anytime without any prior notice to the users at the Company’s own discretion,.
7. Incapability of Emergency Calls
The Service cannot be used for emergency calls to police, marine security department, fire department, or other emergency services.
The Company reserves the right to provide users with advertisements for the Company or a third party, through the Service.
9. Business Partners’Services
Contents or other services offered by other business partners cooperating with the Company may be included within the Service. The business partners bear all responsibility regarding such contents and/or services offered. Furthermore, such contents and services may be governed by the explicit terms and conditions etc., which are set accordingly by the business partners.
10.1. The Company grants users the non-transferable, non-re-licensable, non-exclusive license to use the Contents provided by the Company, only for the purpose of using the Service.
10.2. Users shall abide by the noted conditions when using the Contents that are subject to additional fees and periods of use. Notwithstanding situations where phrases such as “Purchase”, “Sales,”etc., appear on the Service screens, the Company shall remain as the holder of all intellectual property rights as well as all other rights in the Contents offered to Users by the Company, and such rights shall not be transferred to Users.
10.3. Users shall not use the Contents beyond the terms of the intended use of the Contents in the Service (including but not limited to copying, transmission, reproduction, modification).
10.4. The Company is not responsible on backing up the submitted contents. It must be done by the users if necessary.
10.5. The Service may include functions where multiple users can post, correct, edit, and delete items. In such cases, the user who posted his/her Submitted Contents has to allow other Users to perform any editing in relation to the Submitted Contents.
10.6. Users maintain the rights regarding their Submitted Contents just as before, and the Company shall not acquire any rights to such contents. However, regarding the Submitted Contents which can be seen by not only by the user’s “friends”, but to all the other users, the user who posts the Submitted Content shall grant the Company a worldwide, non-exclusive, royalty-free license, for an indefinite period, to use (the Company has the rights on modifying the contents and the right to after modifying such content, also the right to sublicense such content to other third parties working together with the Company) such content for services and/or promotional purposes.
10.7. The Company may check the details of the Submitted Contents, when the Company believes that the Submitted Contents may violate related laws or provisions set out in the Terms and Conditions. However, the Company is not obligated to conduct such investigations.
10.8. If the Company believes that the User has violated or may violate applicable laws or provisions in the Terms and Conditions related to Submitted Contents, then the Company reserves the right to preclude the user’s use of the Submitted Contents in certain manners, such as deleting the Submitted Content without giving User a prior notice.
11.1. Points will be provided to users by the means specified by the Company such as purchases, special offers, etc. Details regarding the payment methods, purchasing units, and all other conditions regarding point will be decided by the Company and will be noted accordingly upon the service.
11.2. Points cannot be exchanged or used for any other purposes other than the ones offered by the Service. The number of points required for receiving the offered services, contents, and other conditions regarding point usage will be decided by the Company and noted accordingly upon the Service.
11.3. Points cannot be refunded for any reason. However, this does not apply if required by applicable laws. In such case, the refund process will be determined by the Company in accordance with the relevant laws, and will be notified on the Company’s website, etc.
Users shall not engage in the following when using the Service.
12.1. Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
12.2. Activities that may hinder public order or customs.
12.3. Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract.
12.4. Activities that post or transmit violent or sexual expressions, expressions that lead to discrimination by race, nationality, creed, sex, social status, family origin, etc. expressions that induce or encourage suicide, self-injury behavior, or drug abuse, or anti-social expressions that include anti-social content and lead to the discomfort of others.
12.5. Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
12.6. Activities such as sending messages indiscriminately to numerous Users (except for those approved by the Company), indiscriminately adding Users as Friends or to Group Chats, or any other activities deemed as spams by the Company.
12.7. Activities that exchange the right to use the contents into cash, property or other economic benefits without Company’s authorization.
12.8. Activities that use the Service for sales, marketing, advertisement, and soliciting or other commercial purposes (except for those approved by the Company); use the Service for the purpose of sexual conducts or obscene acts. Using the Service for the purpose of meeting a person for sexual encounters. Using the Service for the purpose of harassments or libelous attacks against other Users; or using the Service for purposes other than the Service’s true intent.
12.9. Activities that benefit or collaborate with anti-social groups.
12.10. Activities that are related to religious activities or invitations to certain religious groups.
12.11. Activities that illegally or improperly lead to the collection, disclosure, or provision of other’s personal information, registered information, user history, etc.
12.12. Activities that interfere with the servers and/or network systems of the Service; that abuse the Service by means of BOTs, cheat tools, or other technical measures. Activities that deliberately uses the defects of the Service; that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with the Company’s operation of the Service or users’ use of the Service.
12.13. Activities that aid or encourage any activity stated in Clauses 12.1 to 12.12 above.
12.14. Other activities that are deemed by the Company to be inappropriate.
13. User Responsibility
13.1. Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and the results upon this Service.
13.2. In cases which the Company decides that the User is violating the Terms and Conditions, the Company may take appropriate measures when necessary. However, the Company shall not be responsible for correcting or preventing such violation towards Users or others.
13.3. In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer’s fees)directly or indirectly(including but not limited to cases where the Company has been sued for damages by a third party)due to the user violating applicable laws or the Terms and Conditions while using the Service, the user shall immediately compensate the Company upon its request.
14. The Company’s Exemption of Liability
14.1. The Company does not expressly or impliedly guarantee that the Service (including this Contents) are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company is not responsible for providing the Service without such defects.
14.2. The Company shall not be responsible for any damages inflicted upon users in relation to the use of the Service. However, if the agreement (including but not limited to the Terms and Conditions) between the Company and Users regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause will not be applied.
14.3. Notwithstanding the condition stated in clause 14.2 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or Users predicted or could have predicted) with respect to the Company’s contractual default or act of tort due to the Company’s negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company’s contractual default or act of tort due to the Company’s negligence (except for gross negligence) shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.
15. Notifications and Contact
15.1. Notifications or contacts to the users regarding the Service will be posted on the website operated by the Company, or in a method that the Company considers appropriate.
15.2. Notification from the Users to the company in regard to the Service should be made by customer inquiry form available on the website operated by the company or other means designated by the Company.
16.Governing Law and Jurisdiction
Terms and conditions in Japanese will be the official document and the applicable law will be the Japanese law.
Conflicts that arise from the Service or conflicts between Users and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.
Written on Aug 30, 2014