The following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions.
1."content(s)"means information such as text, audio files, music, images, videos, software, programs, computer code, and the like.
3. Registration and Agreement to Terms and Conditions
- All Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions. Such agreement is valid and irrevocable.
- By actually registering and/or using the Service, Users are deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
- Users, when providing information about him/herself to 3CLOUD, shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.
- Any registered User to the Service may withdraw from using the Service, at any time.
- 3CLOUD reserves the right to limit access to the whole or part of the Service depending upon conditions that 3CLOUD considers necessary, such as age, identification, current membership status, and the like.
4. User ID and Password
- If Users register a password while using the Service, Users shall exercise due care and responsibility in order for the password not to be used in an unlawful manner. 3CLOUD may treat all activities conducted with the password as activities that have been conducted by the holder of the password him/herself.
- Each account in the Service is for the exclusive use and belongs solely to the owner of the account. Users may not transfer or lend their accounts to any third party nor may their accounts be inherited by any third party.
5. Advertisements and Business Partners' Services
- 3CLOUD reserves the right to provide Users with advertisements for 3CLOUD or a third party, through the Service.
- Contents or other services offered by other business partners cooperating with 3CLOUD may be included within the Service. The business partners bear all responsibility regarding such contents and/or services offered. Furthermore, such contents and services may be governed by the explicit terms and conditions etc., which are set accordingly by the business partners.
6. Restrictions and Account termination
Users shall not engage in the following when using the Service.
- Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
- Activities that interfere with the servers and/or network systems of the Service.
- Activities that interfere with 3CLOUD operation and Service.
- Activities that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, user history, or the like.
- Activities pretending to be another User
- Activities that benefit or collaborate with anti-social groups.
- Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of 3CLOUD and/or a third party granted by the law or contract.
- Activities that post or transmit violent or sexual expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
- Activities that exchange the right to use the Contents into cash, property or other economic benefits without Company's authorization.
- Activities that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by 3CLOUD); use the Service for the purpose of sexual conducts or obscene acts; use the Service for the purpose of meeting a person for sexual encounters; use the Service for the purpose of harassments or libelous attacks against other Users; or use the Service for purposes other than the Service's true intent.
- Activities that are related to religious activities or invitations to certain religious groups.
- Activities that may hinder public order or customs.
- Other activities that are deemed by 3CLOUD to be inappropriate.
7. Service Shutdown
3CLOUD reserves the right to stop or temporarily shutdown all or partial services without prior notification to Users for the following reasons.
- Maintenance and updates of the systems related to the Service
- Earthquake, Lightning, power shutdown and other failures that arise from cause or causes beyond the reasonable control of parties involved.
- Computer Systems and/or Communication systems failure.
- Other reasons that are deemed by 3CLOUD to require Shutdown of Service.
3CLOUD shall not be responsible for any damages inflicted upon Users in relation to the use of the Service.
- 3CLOUD grants Users the non-transferable, non-re-licensable, non-exclusive license to use the Contents provided by 3CLOUD, only for the purpose of using the Service.
- Users shall not use the Contents beyond the scope of the intended use of the Contents in the Service(including but not limited to copying, transmission, reproduction, modification).
- If Users wish to back-up the whole or part of the Submitted Contents, they will need to do so themselves. 3CLOUD will not undertake the obligation of backing up any of the Submitted Contents.
- Users shall maintain the rights regarding their Submitted Contents just as before, and 3CLOUD shall not acquire any rights to such contents. However, if the Submitted Contents are visible to all Users, the User who posts the Submitted Content shall grant 3CLOUD a worldwide, non-exclusive, royalty-free license (with the right to sublicense such content to other third parties working together with 3CLOUD), for an indefinite period, to use (after modifying such content, if 3CLOUD believes it necessary and proper) such content for services and/or promotional purposes.
- 3CLOUD may check the details of the Submitted Contents, when 3CLOUD believes that the Submitted Contents may violate related laws or provisions set out in the Terms and Conditions. However, 3CLOUD is not obligated to conduct such investigations.
- If 3CLOUD believes that the User has violated or may violate applicable laws or provisions in the Terms and Conditions related to Submitted Contents, then 3CLOUD reserves the right to preclude the User's use of the Submitted Contents in certain manners, such as deleting the Submitted Content without providing the User with prior notice.
9. User Responsibility
- Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service.
- 3CLOUD may take measures that 3CLOUD considers necessary and appropriate, if 3CLOUD acknowledges that a User is using the service in a way which violates the Terms and Conditions. However, 3CLOUD shall not be responsible for correcting or preventing such violation towards Users or others.
- In the case where 3CLOUD has suffered loss/damage or has been charged an expense(including but not limited to lawyer's fees)directly or indirectly(including but not limited to cases where 3CLOUD has been sued for damages by a third party)due to the User violating applicable laws or the Terms and Conditions while using the Service, the User shall immediately compensate 3CLOUD upon its request.
10. 3CLOUD's Exemption of Liability
- 3CLOUD does not expressly or impliedly guarantee that the Service (including the Contents) are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). 3CLOUD shall not be responsible for providing the Service without such defects.
- 3CLOUD shall not be responsible for any damages inflicted upon Users in relation to the use of the Service. However, if the agreement (including but not limited to the Terms and Conditions)between 3CLOUD and Users regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.
- Notwithstanding the condition stated in clause 2. above, 3CLOUD shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that 3CLOUD or Users predicted or could have predicted) with respect to 3CLOUD's contractual default or act of tort due to 3CLOUD's negligence (except for gross negligence). The compensation for ordinary damages in respect to 3CLOUD's contractual default or act of tort due to 3CLOUD's negligence (except for gross negligence) shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.
11. Provision of the Service
3CLOUD reserves the right to modify or cease, at 3CLOUD's own discretion, the whole or part of the Service at anytime without any prior notice to the Users.
12. Modification of the Terms and Conditions
3CLOUD may modify the Terms and Conditions or Separate Terms and Conditions when 3CLOUD deems necessary, without providing prior notice to Users.
13. Notification and Contact
When 3CLOUD notifies or contacts Users regarding the Service, 3CLOUD may use a method that 3CLOUD considers appropriate, such as posting on the website operated by 3CLOUD.
14. Governing Law and Jurisdiction
Where 3CLOUD has provided Users with a translation of the Japanese language version of the Terms and Conditions("Japanese Version"), the Japanese Version will govern the relationship between Users and 3CLOUD. In the event of a contradiction between the Japanese Version and a translation, the provisions in the Japanese Version shall take precedence over any other translation. These Terms and Conditions will be governed by the laws of Japan.
Conflicts that arise from the Service or conflicts between Users and the 3CLOUD related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Yokohama.
Last updated on Jan 05, 2016