Article 2. Use of the App
- The User may use the App after first registering for a JINS MEME account and obtaining a password therefor (the “User Account”) and then logging in by using the registered e-mail address and password each time the App is used.
- The User is responsible for strictly safeguarding the registered e-mail address and password 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 thereof having lawful rights. JINS and the rights holders thereof having lawful rights do not, and shall not be implied to, 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 or which, or are intended to, violate public order and morals;
- Acts that violate the Road Traffic Act of Japan, similar laws or regulations of other jurisdictions, and other laws and regulations, criminal acts, unlawful acts or acts associated therewith , or acts that incite or aid and abet such violations;
- Acts of violent or sexual expression, discriminatory acts based on race, nationality, creed, gender, social status, marriage status, lineage or other legally protected or recognized classes, acts that induce or encourage suicide, self-harm or drug, alcohol or substance abuse, or other acts that contain anti-social content and cause discomfort to others;
- Acts of campaigning for public office or solicitation to a particular belief or religion, or acts similar thereto;
- Acts of offering illegal profits to Anti-Social Forces (defined below) and other acts cooperating with Anti-Social Forces;
- Acts that infringe the reputation, trust, rights, assets or property, or similar attributes, of JINS or any 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 any third party without obtaining that person’s consent, or acts of attempting such acts;
- Acts of transmitting or writing-in computer viruses, “Trojan horses”, trapdoors, phishing, malware or means seeking to control the Devices of another person, or acts of transmitting unlawful information;
- Acts of eliminating, modifying, reverse engineering, reverse compiling or reverse assembling the App or JINS’ official site or social media pages or presence., or acts that are similar thereto;
- Acts of jamming communications, intercepting communications, invading servers or that cause other excessive burdens on a server;
- Acts that interfere with the operation of the App;
- Other acts that JINS considers in its sole and absolute discretion to be inappropriate or prohibited.
Article 6. Representations and Warranties of the User
The User represents and warrants that the App may be subject to Export Controls of the United States Department of Commerce and other departments or agencies of the U.S. Government, similar export laws and regulations under the laws or regulations of Japan, the EU and other jurisdictions. As a result, the User understands that its use of the App may be subject to such laws and regulations. In addition, the User shall be obliged not to remove from the User’s jurisdiction of domicile or residence or provide to a third party outside of the User’s jurisdiction of domicile or residence 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 if so required by such laws or regulations.
Article 7. Exclusion of Liability
JINS SHALL PROVIDE THE APP “AS-IS” AND “AS AVAILABLE” TO THE USER, AT THE USER’S OWN SOLE RISK AND DOES NOT MAKE ANY WARRANTY, EXPRESS, IMPLIED OR STATUTORITY, OF ANY KIND (INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF MERCHANTABILITY) TO THE USER FOR THE APP AND THE SERVICES INCIDENTAL TO THE APP, INCLUDING (WHERE PERMITTED BY LAW) THE FOLLOWING,THAT:
- The App will accurately operate under the User’s usage environment or demonstrate all of the functions, at all times or at any time;
- The App conforms with any general or particular purpose of the User, is useful or has commercial usefulness;
- The assessment of the App and other displays are always or at any time accurate and complete;
- A loss of data or any other failure or problems concerning the App will not occur as a result of updating, revisions to or changes in the OS of the Device, firmware of the main body of the JINS MEME or apps, etc.;
- The App will always or at any time function correctly and meet sufficient qualities for all Users or any particular User;
- A failure, malfunction or harm will not occur to the Device or other equipment due to the downloading, installation, access or use of the App;
- The App can be used perpetually or in any jurisdiction;
- The App does not infringe any rights of third parties, including but not limited to any intellectual property rights;
- An interruption or error will not occur in the downloading, installation, access or use of the App; or
- Harmful items such as computer viruses are not included in e-mails, etc. transmitted in relation to the App.
3. Regardless of the cause of the claim, if JINS is determined by a non-appealable judgment by a court having competent jurisdiction to be liable for damages in relation to the provision of the App, the maximum of any such damages will be the highest of (i) the purchase price of the App, (ii) the usage fee amount received by JINS for the month in which such damages occur, or (iii) JPY 100 (or its equivalent in another currency), provided, however, this limitation does not apply if JINS is found to have acted with intentional misconduct or gross negligence or if not permitted under the laws or regulation of a particular jurisdiction.
Article 8. Precautions concerning the Use of the App When Driving
- The functionality of the App with respect to its driving feature does not represent, warrant or covenant, and shall not be implied to so represent, warrant or covenant, that accidents due to falling asleep while driving or similar causes will be prevented, minimized or avoided, or will not occur.
- In using the App’s functionality with respect to driving, the Device must not be installed in places that are unstable, that obstruct the field of vision, or that impede or reduce safe driving.
- Operating apps (including the App) and/or or keeping a sharp eye on the screen while driving is dangerous. Users should operate all apps (including the App) after stopping their vehicle and confirming their, and their passengers (if any), safety.
- JINS is not, and shall not be, liable for any vehicle accidents of, involving or affecting the User.
Article 9. Suspension of Operation
- If a failure or other circumstance in the system operating the App is discovered or found, if maintenance or other inspection of such system is to be conducted, if the operation of the App (or of its operating system) becomes or may become difficult due to an event of force majeure (such as an earthquake, lightning, fire, flood, natural disaster, war, civil strife, terrorism, labor unrest and strike, governmental action, epidemic, or unavailability of utility or computer systems) for which JINS does not control or is not responsible , or if JINS otherwise determines in its sole and absolute discretion to be necessary, appropriate or advisable, JINS may suspend all or partial operation of the App for whatever period of time JINS determines without warning and without notifying the User in advance. JINS will not be responsible or liable for any damages caused or incurred by the User due to any suspension of operation of the App in accordance with this paragraph.
- Without limiting its rights set forth in paragraph 1 above, JINS may suspend all or partial operation of the App in certain circumstances based on JINS’s judgment by notifying the User in advance (examples may include, but are not limited to, suspensions resulting from the suspension of the operating business of the App or a corporate transaction or reorganization involving JINS, any of its, subsidiaries, parents or affiliates). Such notification may be made by e-mail to the User at its registered e-mail address, by publication or posting on the JINS MEME site, through the use of social media, or otherwise. JINS will not be responsible or liable for damages caused or incurred by the User due to any suspension of operation of the App in accordance with this paragraph.
Article 10. Discontinuation of Use
- If a defect with respect to the App or a possibility of infringement of the rights or interests of a third party resulting from the use of the App or of its operating system is discovered or found, or if JINS otherwise determines as necessary, JINS may request Users to discontinue their downloading, installation, access or use of the App. Upon receiving this request, each the User shall promptly comply with its discontinuation of the use of the App. Any damages caused or incurred by the User due to discontinuation of the use of the App in accordance with this paragraph will treated in the same fashion as in Article 7, Paragraphs 2 and 3.
- The User may discontinue the use of the App at any time by uninstalling, removing, destroying or erasing the App from its Device.
Article 11. Exclusion of Anti-Social Forces
The User represents and warrants 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 covenants and affirms that the User will not correspond thereto in the future.
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, business or reputation or to interfere with JINS’s business; and
- Other acts corresponding to each item above.
Article 12. Personal Information
Article 13. Amendment of the Terms
Article 14. Notices
JINS may give notice of important matters, 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
Article 16. Governing Law
Article 17. Jurisdiction
Effective Date: 10 February, 2017