JINS MEME Official App Terms of Use

This JINS MEME Official App Terms of Use (this “Terms of Use”) sets forth the terms and conditions for when the customer (the “User”) downloads to the User’s terminal (the “Device”) and uses the JINS MEME Official App (the “App”) provided by JIN CO., LTD. (“JINS”). This Terms of Use applies to the entire App.

Article 1. Terms of Use

  1. In order for the User to use the App, the User will need to agree to this Terms of Use upon reading and fully understanding the contents of this Terms of Use.
  2. If the User is a minor, please obtain the consent of a person who has parental authority when using the App.
  3. The User shall use the App by complying with this Terms of Use.
  4. This Terms of Use shall apply only to the App. If apps other than those provided by JINS are used, please confirm the terms of use, privacy policies and other provisions set forth by each app.

Article 2. Use of the App

  1. The User may use the App on the condition of registering for a JINS MEME account (the “User Account”) and logging in by using the registered e-mail address and password.
  2. The User must strictly safeguard the registered e-mail address and password at the User’s own responsibility and shall not allow the use thereof by a third party.

Article 3. Intellectual Property Rights concerning the App

The App is protected by the copyright laws and treaties concerning copyrights of Japan and various relevant countries, as well as by other laws and treaties concerning intellectual property rights, and such rights belong to JINS or the rights holders having lawful rights. JINS and the rights holders having lawful rights do not transfer or license to the User any copyrights, patent rights, trademark rights or other intellectual property rights regarding the App, except to the extent necessary for the use of the App.

Article 4. Prohibited Matters

The following acts are prohibited in regards to the use of the App:

  • ・ Acts of using the App in a manner or means to infringe the legal interests of others and violate public order and morals;
  • ・ Acts that violate the Road Traffic Act and other laws and regulations, criminal acts, unlawful acts or acts tied thereto, or acts that incite or aid and abet such acts;
  • ・ Acts of violent or sexual expressions, discriminatory acts based on race, nationality, creed, gender, social status, lineage, etc., acts that induce or encourage suicide, self-harming acts or drug abuse, or other acts that contain anti-social content and cause discomfort to others;
  • ・ Acts of campaigning for public office, solicitation to a particular belief or religion or acts similar thereto;
  • ・ Acts of offering illegal profits to Anti-social Forces (defined below) and other cooperative acts;
  • ・ Acts that infringe the reputation, trust, rights or property, etc. of JINS or a third party;
  • ・ Acts of impersonating another person, whether real or fictitious;
  • ・ Acts of unauthorized access;
  • ・ Acts of using the User Account of another person;
  • ・ Acts of allowing a third party use one’s own User Account;
  • ・ Acts that interfere the use of the App by another User;
  • ・ Acts of cheating;
  • ・ Acts of collecting, accumulating, disclosing or transferring personal information of another User or other third party without obtaining that person’s consent, or acts of attempting such acts;
  • ・ Acts of transmitting or writing-in computer viruses or other unlawful information;
  • ・ Acts of eliminating, modifying, reverse engineering, reverse compiling or reverse assembling the App or the official site, etc., or acts that are similar thereto;
  • ・ Acts of jamming communications, intercepting communications, invading servers or that cause other excessive burdens on the server;
  • ・ Acts that interfere with the operation of the App;
  • ・ Acts violating this Terms of Use and provisions such as of guidelines concerning the use of the App; and
  • ・ Other acts that JINS recognizes as inappropriate.

Article 5. Measures upon the violation of this Terms of Use

If JINS reasonably determines that the User has violated this Terms of Use, JINS may delete the User Account of such User immediately.

Article 6. Representations and Warranties of the User

The User shall represent and warrant that there is a possibility that the App will be subject to Export Controls of the United States Department of Commerce or similar export laws and regulations under the laws or regulations of Japan, the EU or relevant countries. In addition, the User shall represent and warrant that the User will not take out of the User’s country or provide to a third party outside of the country the App and the technical data and technical information relating thereto provided from JINS (including, but not limited to, any technical information, software, drawings, user manuals, data, documents, etc.), without obtaining a valid export license required by such laws or regulations.

Article 7. Exclusion of Liability

  1. JINS shall provide the App as-is to the User and does not make any warranty to the User for the App and the services incidental to the App, including the following, that:

    • ・ The App will accurately operate under the User’s usage environment or demonstrate all of the functions;
    • ・ The App conforms with the particular purpose of the User, is useful and has commercial usefulness;
    • ・ The assessment of the App and other displays are always accurate;
    • ・ A loss of data or any other failure or problems concerning the App will not occur as a result of updating the OS of the Device, firmware of the main body of the JINS MEME or apps, etc.;
    • ・ The App will always function correctly and meet sufficient qualities for all Users;
    • ・ A failure, malfunction or harm will not occur to the Device or other equipment due to the use of the App;
    • ・ The App can be used perpetually;
    • ・ An interruption or error will not occur in the use of the App; or
    • ・ Harmful items such as computer viruses are not included in e-mails, etc. transmitted in relation to the App.
  2. JINS will not be liable for any direct damages, indirect damages, incidental or consequential damages, special damages, lost profits and other damages (whether or not foreseeable) caused by the User using the App or the App not being able to be used or not functioning, except if due to the intent or gross negligence of JINS or if this Terms of Use corresponds to a consumer contract of Article 2(3) of the Consumer Contract Act.

  3. Regardless of the cause of the claim, if JINS is liable for compensation of damages in relation to the provision of the App, the maximum of that amount will the highest of (i) the purchase price of the App, (ii) the usage fee amount received for the month in which such damages occur, or (iii) JPY 100, provided, however, this does not apply if there is the intent or gross negligence of JINS.

Article 8. Precautions concerning the Use of Apps for Driving

  1. Of the App, the app for driving does not warrant that accidents due to falling asleep while driving, etc. will be prevented.
  2. In using the app for driving, please do not install the Device in places that are unstable, that obstruct the field of vision or that impede safe driving.
  3. Operating apps or keeping a sharp eye on the screen while driving is dangerous. Please operate the apps after stopping your vehicle and confirming your safety.
  4. JINS is not liable for any vehicle accidents of the User.

Article 9. Suspension of Operation

  1. If a failure, etc. in the system operating the App is discovered, if maintenance inspection of such system is to be made, if the operation of the App becomes difficult due to an event of force majeure such as an earthquake, lightning, fire, flood, natural disaster, war and terrorism and for which JINS is not negligent, or if JINS otherwise determines as necessary, JINS may suspend the entire or partial operation of the App without notifying the User in advance. JINS will not be liable for damages incurred by the User due to the suspension of operation of the App in accordance with this paragraph.
  2. JINS may suspend the entire or partial operation of the App based on JINS’s judgment upon notifying the User in advance (examples may include, but are not limited to, suspension due to suspension of the operating business of the App, transfer to a third party, or corporate split, share exchange, share transfer or dissolution). JINS will not be liable for damages incurred by the User due to the suspension of operation of the App in accordance with this paragraph.

Article 10. Discontinuation of Use

  1. If a defect of the App or a possibility of infringement of the rights or interests of a third party is discovered, or if JINS otherwise determines as necessary, JINS may request User to discontinue the use of the App. In this instance, the User shall promptly comply with the discontinuation of the use of the App. Damages incurred by the User due to the discontinuation of the use of the App according to this paragraph will be in accordance with Article 7, Paragraphs 2 and 3.
  2. The User may discontinue the use of the App at any time by uninstalling, destroying or erasing the App.

Article 11. Exclusion of Anti-social Forces

  1. The User represents that the User does not correspond to an organized crime group, organized crime group member, organized crime group quasi-member, organized crime group-related business, corporate extortionist or the like, racketeer advocating a social/political movement or special intelligence organized crime group and others corresponding thereto (collectively, “Anti-social Forces”) and that the User does not have any direct or indirect relations with Anti-social Forces, and affirms that the User will not correspond thereto in the future.

  2. The User affirms that the User will not, nor will the User use a third party to, engage in acts that correspond to any one of the following:

    • ・ Violent acts of demand;
    • ・ Unjust acts of demand that exceed legal responsibility;
    • ・ Acts of making threatening behavior or using violence in regards to a transaction;
    • ・ Acts of spreading rumors, deceiving or using power to damage JINS’s confidence or to interfere with JINS’s business; and
    • ・ Other acts corresponding to each item above.

Article 12. Personal Information

Personal information provided from the User in using the App shall be handled pursuant to the JINS MEME Privacy Policy. Since the User will need to consent to the JINS MEME Privacy Policy in order to use the App, please confirm the JINS MEME Privacy Policy without any fail. If the User consents to this Terms of Use, the User shall be deemed to have consented to the JINS MEME Privacy Policy.

Article 13. Amendment of the Terms

  1. There may be instances where JINS will amend this Terms of Use pursuant to this Article at JINS’s own discretion. In such instance, JINS will announce the amended terms of use (the “New Terms of Use”) on the JINS MEME official website.
  2. After the amendment of this Terms of Use pursuant to the preceding paragraph, the User will need to consent to the New Terms of Use in order to use the App. If the App is used after the amendment of this Terms of Use, the User shall be deemed to have consented to the New Terms of Use.

Article 14. Notice

JINS may give notice of important notifications such as update information concerning JINS MEME, including firmware of the main body of JINS MEME and the App, to the e-mail address registered by the User.

Article 15. Severability

Even if a part of this Terms of Use is declared to be invalid due to the laws and regulations or a decision of a court, etc., the other parts shall continue to remain in effect.

Article 16. Governing Law

Disputes concerning this Terms of Use and the App shall be governed by Japanese law.

Article 17. Jurisdiction

The Tokyo District Court shall be the exclusive court with jurisdiction of the first instance for disputes concerning this Terms of Use and the App.

Effective Date: November 3, 2015