If you use the social media service or the services ancillary to it (the “Service”), provided by Cloud Testing Service Inc. (“CTS”), you are deemed to have agreed to the following terms and conditions (the “Agreement”). Please read this Agreement carefully before using the Service.
ARTICLE 1 Scope of this Agreement
This Agreement shall apply to all users of the Service (“Users”) regardless of whether Users register as a user of the Service. The Service will be provided on the homepage operated by CTS (the “CTS Homepage”) and on social media sites operated by third parties specified by CTS (the “Third Party Sites”, together with the CTS Homepage, the “Site”). This Agreement shall apply to the Service which is provided on the CTS Homepage. The terms and conditions governing the Third Party Sites (the “Third Party Site Rules”) and the terms and conditions in this Agreement shall apply to the Service provided on the Third Party Sites. If there is any discrepancy between this Agreement and the Third Party Site Rules, the latter shall prevail.
ARTICLE 2 Compliance, Consent and Prohibited Acts
1. In connection with use of the Services, Users shall comply with and agree to all of the followings:
- Users shall be responsible for any and all results arising out of Users’ posting, publishing, displaying or otherwise providing content, images, moving images, and other information (collectively, “Information”) in connection with use of the Service. The phrase “use of the Service” means posting, publishing, displaying, providing or sending any Information, or otherwise receiving any benefit from the Service. For the avoidance of doubt, merely viewing the Site shall constitute use of the Service.
- If Users cause a third party to suffer any damages in connection with the use of the Service, Users shall compensate the third party for any such damages and settle, with Users’ full responsibilities and costs, all disputes with the third party without doing any harm to CTS.
- CTS shall be in no event liable for any damages incurred by Users in connection with the use of the Service except for damages arising out of or in connection with CTS’s willful misconduct or gross negligence.
- If Users breach Articles 2 or 3, Users shall be liable for any damages incurred by CTS arising from such breach.
- CTS may delete Information provided by Users on the Site or take any other necessary measures without providing notice.
- CTS will not provide support, representation or any warranties on the accuracy, completeness, legality or any other matters regarding the Information provided by users of the Service or third parties on the Site. Further, there is a possibility that Users find unpleasant, harmful, incorrect or inappropriate Information in connection with the use of the Service, and CTS shall in no event be liable for any damage incurred by Users or a third party arising from Users or the third party finding such Information.
2\. In connection with the use of the Service, Users shall not commit any of the following acts:
- Acts which infringe or are likely to infringe any right or property of CTS, other users of the Service or third parties.
- Acts which defame or slander CTS, other users of the Service, or third parties or their products or services.
- Acts which publish the name, telephone number or other personal information of other users of the Service or third parties or otherwise infringe their rights of privacy.
- Acts which constitute election campaigning or similar.
- Acts which constitute propagation of or inducement towards a specific religion, organization or entity.
- Acts which constitute use or copying of the Information, where such exceeds personal use. For the avoidance of doubt, use by or publication to a third party of copied Information shall not be considered personal use.
- Acts which constitute use of the Information for a commercial purpose.
- Acts which constitute the transmission or posting of any content including software, viruses, or other computer code, files or programs which are designed to interfere with, destroy or restrict computer software, hardware or communication equipment.
- Acts which constitute use of a copyright, trademark, service mark, logo or image of the Service without the prior written consent of CTS.
- Acts which disadvantage CTS, other users of the Service or third parties.
- Acts which are or are likely to be contrary to the public order and morality or in breach of any applicable law or regulation.
- Acts which constitute the provision of Information that is harmful, obscene, violent or similar.
- Acts which lead or may lead to the commission of a crime.
- Acts which are vicious, discriminatory or unpleasant to other users of the Service or third parties.
- Acts which disturb the operation of the Service or defame CTS.
- Acts which provide of Information concerning others by using false personal information, masquerading as other people or otherwise.
- Other acts which CTS determines are inappropriate.
3. Users represent and warrant that the Information provided by Users on the Site shall not infringe any rights of third parties including, but not limited to, intellectual property rights, rights of privacy, rights of publicity, portrait rights and rights of honor.
ARTICLE 3 Rules on Intellectual Property Rights
- Users shall transfer to CTS free of charge, i) all rights including intellectual property rights (including copyrights (including the rights set forth in Articles 27 and 28 of the Copyright Act of Japan), patent rights, trademark rights, design rights, utility model rights, layout-design exploitation rights and equivalent rights set forth in the laws and regulations of foreign countries; the same shall apply hereinafter, as well as including but not limited to the necessary rights for the development, manufacture, sale and maintenance of CTS products and the delivery of CTS services) on all Information which Users have posted, published, displayed or provided on the Site, or transmitted to CTS by emails or otherwise in connection with use of the Service; and ii) the rights to obtain such rights. Users shall not i) exercise the moral rights of authorship (including the rights set forth in the laws and regulations of foreign countries which are equivalent to them; the same shall apply hereinafter) or any other rights for use of the Information by CTS or any person appointed by CTS (including but not limited to use for development, manufacture, sale, maintenance of CTS products and delivery of CTS services) or ii) prevent CTS and any person appointed by CTS from the use of the Information.
- Users shall not copy, distribute, publish or transmit to the public, any Information acquired in connection with the Service for any purpose other than personal and private use. Unless otherwise allowed under the Copyright Act of Japan or other laws and regulations of Japan regarding intellectual property rights, Users shall not use any Information under the Service without the consent of CTS.
ARTICLE 4 Amendment
ARTICLE 5 Applicable law and jurisdiction
- This Agreement shall be governed by the laws of Japan.
- The Tokyo District Court shall have the exclusive jurisdiction for the first instance over any and all disputes arising out of this Agreement or in connection with the Service between CTS and Users.
ARTICLE 6 Language
Should there be any differences in the interpretation of the Japanese- and English-language versions of this Agreement, the Japanese version shall have priority.
This Agreement shall take effect on July 1, 2013.