Terms of Service
MediaClip Terms of Service. Please read in advance when using.
Commencing use of the Service constitutes acceptance of these terms.
Article 1 (Definitions)
The terms used by the Articles in the Agreement below refer to the definitions established below.
(1)"Mobile phone" means the smartphone; the smartphone in the user's possession that has the Android OS or IOS installed.
(2)"Google" means Google Inc., encompassing Google Incorporated, the subsidiaries of Google Incorporated, and its associated companies.
(3)"GooglePlay" means the application software website for mobile phones operated by Google.。
(4)"Facebook functionality" means the service of "Facebook" operated by Facebook, Inc. and the information disseminated using this software.
(5)"Apple" means Apple Inc., encompassing Apple Incorporated, the subsidiaries of Apple Incorporated, and its associated companies.
(6)"iTunes Store" and "App Store" mean the application software website for mobile phones operated by Apple.
(7)"Twitter functionality" means the information disseminated using the service of "twitter" operated by Twitter, Inc.
Article 2 (User Rights)
1. The user is entitled to perform the actions listed in the items below.
(1) Download the Software from GooglePlay or the App Store and install it on his or her device
(2) Launch the Software on a device connected to the network; transmit Data from the System to this device; and access the Data on that device
2. The user is entitled to use the Service for their personal, nonbusiness use.
Article 3 (Information Charges)
Fees for using the Service (henceforth "service fees") are free, except in the case of the paid portion of the Service. However, using the Service necessarily incurs certain charges from the user's telecommunications carrier. These fees are the complete responsibility of the user.
Article 4 (Conditions)
1. In using the Service, the user is subject to the conditions below.
(1) The user must abide by the Service's operation procedures, operational precautions, etc. specified by the Agreement and the Company.
(2) The user must not attempt to reverse engineer, reverse compile, disassemble, or otherwise the Data or the Software by any method.
(3) The user must not reproduce, post, extract, process, change, adapt, transmit, or otherwise the Data (including that which is stored on the mobile phone) or Software in whole or in part, except as explicitly permitted by the Agreement, or use the Data and Software on two or more mobile phones at once.
(4) The user may not transfer, lend, license, transmit, or otherwise grant use of this service to a third party by any method or in any way, for compensation or otherwise. Also, the user may not offer as collateral any rights or obligations whatsoever specified in the usage Contract.
(5) The user may not use the Service on a network capable of being used by multiple devices at once.
Article 5 (Prohibited Actions)
In addition to those actions specifically prohibited elsewhere in the Agreement, the user is barred from the actions specified in the items below while using the Service.
(1) Violating public morals or decency.
(2) Gaining unauthorized access to the System for the purpose of altering the Software.
(3) Gaining unauthorized access to the System for the purpose of disrupting System service from this company.
(4) Using, transmitting, or distributing harmful computer programs, etc., through the Software.
(5) Using the Service illegally.
(6) Engaging in slanderous conduct or conduct that may constitute slander against the Company or a third party.
(7) Infringing on the property rights, privacy rights, image rights, publicity rights, or other rights and privileges of the Company or those of a third party.
(8) Infringing on the intellectual property rights or other rights of this company or of a third party.
(9) Engaging in other illegal conduct.
(10) Using the Service while under 18 years of age.
(11) Engaging in conduct that violates laws or ordinances, court decisions or orders, or other legally-binding administrative measures.
(12) Engaging in conduct that may violate public order or morality (this includes the expression, posting, publication, exhibition, or transmission of excessively violent material, blatantly sexual material, or other antisocial content intended to instill discomfort in others).
(13) Infringing upon the rights (broadly including copyrights, trademarks, patents, or other intellectual property rights, anti-defamation rights, right to privacy, and other legal or contractual rights) of the Company or a third party.
(14) Knowingly circulating false information about the Company or a third party.
(15) Using the Service for commercial purposes or purposes other than those intended by the Company without the Company's explicit prior consent.
(16) Engaging in solicitation for religious activity or to join a religious group.
(17) Gathering, disclosing, or furnishing user personal information, registration information, or user history without the permission of the Company and the users.
(18) Disturbing or interfering with the administration of the Service by the Company or the other users' utilization of the Service.
(19) Engaging in other actions prohibited by the company.
The user may not input the following types of information if inputting information into the Service.
(1) Information that could be personally identifying on the service, such as the full name, address, phone number, or email address of the user or a third party (except information inputted by Company request)
(2) False or misleading information
Article 6 (Infringement on Third-Party Intellectual Property Rights)
The Company makes absolutely no guarantee either explicitly or implicitly that the Service (including the Data or Software) will not infringe upon the intellectual property rights of third parties, etc.
Article 7 (Disclaimers)
1. The Data and Software are offered by the Company to the user in their present state, which is not necessarily the latest version or complete. Additionally, it is not necessarily guaranteed to fulfill the user's specific purposes or demands.
2. This company takes no responsibility for any damages or losses resulting from the quality and functionality of this service or from being unable to access or use the service.
3. The Company is exempt from all responsibility and indemnity for losses sustained by the user or a third party caused by the situations listed in the items below.
(1) Violation of the Agreement by the user
(2) Discrepancies between the Data and actual present conditions
(3) Adapting or changing the Data or the Software
(4) Connecting to other data, programs, or devices
(5) Service malfunctions caused by failing to use the smartphone communication services specified by the Company
(6) Natural disasters or other acts of God
(7) Other situations in which the Company has judged the user's actions to be improper or where the Company has judged there to be a failure to act by the user
(8) Other reasons not attributable to the Company
4. These provisos regulate in entirety the responsibilities of the Company regarding restitution in regards to the Service.
Article 8 (Handling of Personal Information)
1. The Company requests the user to provide personal information for the purposes of the Service. It is the user's responsibility to provide the appropriate personal information. In the event that the information is not provided, the user acknowledges that parts of the Service may not function properly.
2. The Company will use the user's personal information solely for the purposes of tendering the Service.
3. The Company may alter the handling of personal information as detailed in 1. and 2. to comply with revisions in the law and other legal actions.
Article 9 (User Consent, Etc.)
1. Due to the particular features of the Service, users consent to the items below upon use of the Service.
(1) The Service may not be usable on certain models of mobile phones specified by the Company.
(2) The Company may collect and use technological and other related information (information related to the user's mobile phone and assorted peripherals, location information (latitude and longitude), etc.).
(3) The technological and other related information specified in the preceding item may be collected on regular intervals for the purpose of providing updates to the Software and support to the user.
(4) The Company can use the information gathered in (2) to improve the quality of the Software and its other products.
(5) If the user enters outside the coverage area of their mobile phone's network provider while using the Service and thereby becomes disconnected from the network, they might temporarily be unable to use the Service.
(6) When using Facebook functionality, the user must abide by the terms of service specified by Facebook, Inc.
(7) In order to send users beneficial promotional information, the Service may display promotional information in the notification box or in an information screen that transitions from the notification box, or through displaying promotional information that creates shortcuts on the home screen.
(8) The Data and the Software copyrights and all other related rights and privileges belong to the Company or third parties whose permission the Company has received.
(9) If the user causes damages to the Company through violating the Agreement, the company is entitled to seek restitution for those damages.
(10) If an issue is encountered in downloading or installing the Software or in accessing Google Play or the App Store, the user will seek help at the GooglePlay or App Store help centers or user forums.
(11) When using Twitter functionality, the user must abide by the terms of service specified by Twitter, Inc.
2. The profile information registered by the user (name, ID, profile image, status messages, gender, birthdate), is collected for the purposes detailed below. The name must register his or her name (not necessarily one's real name) to be able to use the Service. In addition, profile information is displayed to other users. If the user does not consent to profile searches, other users will be unable to retrieve said information.
(1) To display profile information on the Service.
(2) To verify user identity to prevent unauthorized account access.
3. The Company retrieves the identification number of the user's mobile phone for the purposes detailed below. In addition, information collected for this purpose is not made available to third parties, including other users.
(1) To verify user identity to prevent unauthorized account access.
(2) To increase user convenience or provide improved Service quality through user trend analysis.
5. If the user provides information to the Company about himself or herself in the course of using the Service, that information must be truthful, accurate, and complete.
Article 10 (Software Revisions)
1. The Company may revise (update) the Software as needed.
2. The user may install the revised Software on his or her mobile phone as specified by the Company.
3. If the Company changes the Software and the user's mobile phone needs to be adjusted or otherwise as a result, the expense of that adjustment or otherwise is the complete responsibility of the user.
Article 11 (Cancellation of the Service Contract)
1. The user may cancel the Service Contract at any time through his or her mobile phone.
2. If the user violates the Contract, the company may immediately terminate the Service Contract.
Article 12 (Suspension, Interruption, Cancellation of Service)
1. In order to perform periodic inspections or maintenance of the service, the Company may temporarily interrupt the Service in total or in part without previous notice to the user.
2. In the following situations, the Company may temporarily interrupt the Service in total or in part without previous notice to the user:
(1) If urgent inspection or maintenance of the system is necessary
(2) If it is impossible to provide the Service due to an Act of God, damage to the system, etc.
(3) For other practical or technical reasons deemed unavoidable by the Company
3. The Company may cancel the Service without prior notice to the user.
4. The Company may change the contents of the Service in whole or in part without prior notice to the user.
Part 13. Revision of the Agreement
Part 14. General Clause
1. The user may not transfer to another party or offer as collateral the rights and obligations originating from the Agreement without prior written consent from the Company.
2. The Agreement regulates all agreements between the user and the Company regarding use of the Service and takes precedent over any and all terms of contract if there is no written agreement between the two parties.
3. In the event of any conflicts or disputes regarding the interpretation of the Agreement or otherwise between the user and the Company, both parties agree to make an effort to negotiate in good faith to reach a solution.
4. Situations not addressed in the Agreement will be handled at the company's discretion.
5. The Agreement shall be governed by the laws of Japan.
6. If the need for litigation arises regarding the Service, the initial hearing shall fall under the jurisdiction of the Tokyo District Court of Japan.