1. Terminology definitions
The terminology used in this agreement is defined as follows.
- "the Company" - Kayac Inc.
- "the Service" - Services offered through "jsdo.it"
- "the Site" – the "jsdo.it" website (http://jsdo.it/)
- "the Users" – all individuals who visited the Service
- "Contributor" – an individual who contributed code after registering on the Service based on the terms set forth in Article 2
- "Contributed data" – Various types of data contributed by a Contributor to the Service or to a contribution (code, code titles, tags)
- Registration information – Information registered by a Contributor for the purpose of receiving the Service offerings
- "Personal information" - Information contained within registration information that can be identified with a specific individual (e-mail addresses, etc.)
2. Registration, etc.
- Users who contribute to the Service shall submit a Contributor registration application by entering and transmitting the required information according to the Company’s specified procedure after agreeing to this Agreement.
- The Company may decline said Contributor registration application in any of the cases listed hereinafter.
- If the applicant’s User privileges were temporarily suspended or cancelled in the past
- When new Contributor applications are restricted at the discretion of the Company
- Under other circumstances, when the Company deems the applicant inappropriate to register as a Contributor
3. Contributed data
- The Contributor consents to the use of a system by the Service that may not always completely save all Contributor data. The Company assumes no liability whatsoever for unforeseen circumstances or for suspensions, etc., set forth in Article 10, that result in disappearance, alteration, destruction, or damage of Contributor data stored during the time period the Service was provided.
- In the event the Contributor revises or duplicates Contributor data, the Contributor agrees to continue the previously noted indication of consent to use on the relevant Contributor data that existed prior to the revision. In the event of any problem whatsoever, the relevant Contributor agrees to resolve it under his own responsibility and at his own expense, and will not inconvenience the Company about it in any way whatsoever.
- The Contributor agrees to take responsibility for his own judgment as to the authenticity of any information contained in the Service.
- The Contributor agrees to accept full responsibility for all acts and their outcomes while using the Service, including contribution of comments. In the event of any problem whatsoever, the relevant Contributor agrees to resolve it under his own responsibility and at his own expense, and will not inconvenience the Company about it in any way whatsoever.
- The Contributor agrees to provide suitable equipment, software, and communication means under his own responsibility and at his own expense in order to use the Service.
5. Copyright, etc.
- The Contributor warrants that he holds the intellectual property rights including copyright for any contributed data. However, the scope of the use consent for copyrighted contributed data publicly disclosed on the Service shall be determined by the Contributor at his discretion.
- The Contributor consents in advance to other Contributors revising or duplicating the contributed data via the Service, regardless of the scope of the use consent.
- The Contributor grants to the Company rights to duplicate, publicly transmit, communicate by word-of-mouth, distribute, hand over, display, translate, adapt, modify, publish in print, lend, or exercise other copyright related rights pertaining to the data contributed via the Service and the generated binary [code], from the point in time in which it is posted or displayed on the Site, without compensation and on a non-exclusive basis. In addition, the Company may reauthorize the exercise of said rights to a third party specified by the Company.
- The Contributor shall not exercise the copyright holder rights (public display rights・name display rights・rights of integrity) pertaining to the use of these rights by the Company and a party that received reauthorization based on the preceding item in this Agreement.
6. Use of the Service
- The copyrights, patent rights, trademarks, design rights, and other intellectual property rights related to the Service’s information written on the equipment and the Site as necessary in the course of offering the Service are the property of the Company. Users are prohibited from acting in any way that violates these intellectual property rights.
- Irrespective of a Contributor’s cancelling his membership, the contributed data contributed by that Contributor shall continue to be publicly available on the Service unless there is a special application to remove it.
7. Membership revocation by the Company
In the event a Contributor commits any of the acts listed hereinafter, or the Company determined that there is a concern that a Contributor might commit any of the acts listed hereinafter, the Company at its discretion may immediately revoke the relevant Contributor’s membership without prior announcement or notification, and without obtaining the Contributor’s consent, or may delete the relevant Contributor’s data.
When the terms of the Agreement were violated
- When an individual registered as a Contributor by impersonating another
- When any of the prohibited acts listed in Article 8 were committed
Under other circumstances that caused the Company to determine the individual is inappropriate as a User.
In the event the Company incurred damages due to any of the aforementioned circumstances, the Contributor shall compensate the Company for said damages.
- The Company assumes no obligation to disclose to the Contributor the reason for revoking the Contributor’s membership.
8. Prohibited acts
Users are prohibited from the following acts or any act that may cause concern that any of the following acts might be committed, in the course of using the Service.
- Acts that violate the legitimate rights of the Company or third parties, such as ownership rights, all intellectual property rights including copyrights, portrait likeness rights, publicity rights, etc., or acts that raise a concern that such violations will occur
- Acts that cause disadvantage or damage to other Contributors, to the Company, or to third parties
- Acts that prejudice, slander, or defame the name or credit of other Contributors or third parties
- Acts counter to the public welfare or that the Company deems to be counter to the public welfare
- Acts that violate or that foment, entice, or solicit violations of laws and ordinances
- Acts of improper solicitation using the Service
- Acts intended to profit commercially in relation to the Service, despite the lack of the Company approval.
- Acts that use this service as a part of a corporate activities such as recruitment activities, despite the lack of the Company approval.
- Acts of contacting the contributors, despite the lack of the Company approval.
- Acts of headhunting involving contributors such as scouting them for new jobs.
- Acts derogatory or defamatory to the Service’s credit
- Registering false information
- Acts of improper use of the registration information of Contributor registration applicants or of Contributors
- Acts of displaying content that a third party can identify with an individual
- Acts that interfere with the operation of the Service or that cause a concern of possible interference with the Service
- Acts that foster any act that becomes known as an act to which any of the aforementioned descriptions apply
Any other acts that the Company deems inappropriate
The Company may temporarily suspend providing all or part of the Service under any of the circumstances described hereinafter, without prior notice to the Users.
Periodic or emergency maintenance of facilities, etc., used by the Service.
- When the Service could no longer be provided due to fire, power outage, earthquake, volcanic eruption, flood, tsunami, or similar force majeure.
- When the Service could no longer be provided due to political circumstances such as war, riots, terror, civil disorder, and labor disputes.
Under other circumstances that the Company deemed to require the temporary suspension of the Service.
The Company assumes no responsibility whatsoever for damages incurred by a Contributor or third parties caused by delay or interruption of all or part of the Service under any of the aforementioned circumstances or other circumstances.
10. Termination of the provided Service
The Company may add, change, cancel, or terminate the Service, outsource the operation of this Service to a third party, or sell and transfer this Service to a third party after notifying Users on this website in advance. In this case, the Company is exempt from any liabilities for damages occurring to Users or third parties.
- The company makes no guarantees or assumes no responsibility whatsoever for damages arising from or caused by the Service content, events that occurred through the use of information, legality or morality of the information itself, rights consents, or authenticity.
- The Company assumes no responsibility whatsoever for issues (proposals of illegal acts or acts contrary to public welfare, defamation, insults, privacy violations, threats, slander, harassment, etc.) arising between Contributors using the Service, and if the Company receives notice of these, or a dispute arose, the Contributors will resolve it on their own responsibility and at their own expense.
- In the event the Company or a third party incurred damages caused by acts of a User in the course of his use, the Company or the third party may make a claim for damages compensation against the relevant Contributor, and that Contributor is obligated to make compensation under his own responsibility and at his own expense.
- The Company has no obligation whatsoever to make compensation for damages associated with delayed distribution, non-distribution, incorrect display on the Site, or any other problem caused by malfunctions of the computer systems used to provide the Service. In addition, the Company may from time to time use other means determined separately, to report to Users regarding information about the relevant environment, etc.
- The Company has no obligation whatsoever to compensate for damages to computers, circuits, software, or other property arising from infections of computer viruses downloaded from the Websites of any third parties, including the Service, partner media, and advertisers.
- From time to time the Company may modify the Service content, name, specifications, etc., without prior notice to Users. The Company assumes no responsibility whatsoever for events arising in connection with these modifications.
- The Company has no obligation to monitor the Service, but in the event the Company deemed any of the prohibited acts described in Article 8 applies to information contributed by a Contributor, and the Contributor has acted or displayed information in violation of or there is a concern there may be a violation of this Agreement, the Company may delete the relevant comments without obtaining the consent of the relevant User or explanation of the reason to the relevant User, or may restrict the use of the Service by the relevant User. The relevant User may not file a petition of objection or make a claim for damages compensation in relation to these actions by the Company.
- The Company pays the maximum level of attention to the protection of personal information gained from users.
The Company can utilize users’ personal information for the following purposes and users shall agree with this in advance.
(1) In order to check identity, provide identity authentication service (2) In order to provide customer service and handle inquiries (3) In order to contact users from supporting companies of the event.
(4) In order to contact users about issues that seriously influence on the operation of this service.
(5) In order to contact users to ask for their agreement on personal information handling.
(6) In order to conduct a survey.
(7) In order to send bills and calculate payments.
(8) In order to conduct sweepstakes and campaigns.
(9) In order to provide affiliated and point services.
(10) In order to sell, solicit, send, and provide information on products and services of the Company or third parties.
The Company can provide third parties with users’ personal information in the following cases and users shall agree with this in advance.
(1) In case where the user agrees with the disclosure and use of personal information.
(2) In case where personal information provision to a third party is deemed necessary in order to provide services desired by users.
(3) In case where advertisements and information on the Company and third parties such as partner companies et cetera are sent to users.
(4) In case where registered information is calculated and analyzed for the purpose of the improvement of this service, related business developments and marketing for partner companies et cetera.
(5) In case where personal information is shared with a financial institute, credit card company, credit collection agent, and other companies that settle payments or work on behalf of it in order to settle the fee to be paid by users to the Company and other payments.
(6) In case where personal information handling is outsourced to other companies.
(7) In case where personal information disclosure is officially required by the Court, Public Prosecutor’s Office, Police, or other public organizations that have an equivalent authority.
(8) In case where it is necessary to cooperate with tasks carried out by national organizations or local governments or their agents and there is a possibility that a smooth performance of the tasks may be interfered by gaining an agreement from the user.
(9) In case where there is an immediate risk for people’s lives, health, and properties and there is an urgent need of information.
(10) In case where it is particularly necessary in order to promote public health improvement and sound development of children.
(11) In case where it is deemed necessary in order to protect rights, properties, and services of the Company, users, and other third parties.
(12) In case where it is necessary in executing the rights of the Company.
(13) In case where it is disclosed to business successors in the event of a merger, transfer of operation, and business transfer due to other factors.
The Company may partially outsource personal information handling tasks.
- The Company is managing personal information under the supervision of a Personal Information Protection Administrator (Koji Fujikawa, privacy@kayac,com).
- It is optional for users to register their personal information. However, there may be some inconvenience in providing the service if necessary personal information is not registered.
13 Revisions to the Agreement
- The Company may revise this Agreement from time to time, and its new provisions shall be effective from the point in time when the revised Agreement is displayed on the Site.
- The User may not object to the revised content on the basis he did not know or did not consent to it.
14 Court of competent jurisdiction and applicable law
- Litigation of disputes arising between the Company and a User in relation to use of the Service will be heard in the court of first instance of exclusive agreement in the jurisdiction in which the Company is located.
- This Agreement will be governed by the laws of Japan.
Stipulated July 8, 2009
Revised September 28, 2012