Terms of Use
MetaMoJi Corporation (“MetaMoJi”) provides you “Share Note” data for “Share Anytime” (“Share Notes”) under the following terms and conditions.
1. MetaMoJi may provide you Share Notes only for evaluating Share Anytime and Share Notes. You may use Share Anytime and Share Notes under this Terms of Use and the license agreement of Share Anytime.
2. You agree that when you upload, submit or post the information, text, graphics, or other materials to Share Notes ("Content"), such Content becomes accessible and available immediately for all users who use the Share Notes.
3. You agree that other users of the same Share Notes may modify, alternate, or delete your Content of the same Share Notes. You shall grant to all users of the Share Notes to modify, alternate or delete your Content of the same Share Notes.
4. You may not
- (a) use the Share Notes for purposes other than evaluating the Share Anytime and Share Notes;
- (b) license, sublicense, distribute or otherwise transfer the Software to any third party, or lease, rent or loan the Software to any third party;
- (c) use the Share Notes for illegal purposes or for promotion of dangerous activities;
- (d) impersonate any person or entity, including, but not limited to, an MetaMoJi staff member, or falsely state or otherwise misrepresent your affiliation with MetaMoJi or any other person or entity;
- (e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- (f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- (g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation;
- (h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- (i) interfere with or disrupt the Share Anytime or Share Notes or networks connected to the sharing feature of Share Anytime, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Share Anytime or Share Notes;
- (j) violate any applicable local, state, national or international law, and any regulations having the force of law;
- (k) “stalk” or otherwise harass another person or company, or take any action invasive to another’s privacy (by posting, for example, another’s photograph, address, email, phone number or any other contact information) without permission from such other person;
- (l) collect or store personal data about other users;
- (m) promote or provide instructional information about illegal activities, promote physical harm or injury against any government, legal entity, group or individual, or promote any act of cruelty to animals, including, but not limited to, providing instructions on how to assemble explosive device or other weapons or incendiary devices;
- (n) allow usage by others in such a way as to violate these Terms of Use;
- (o) solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
- (p) upload or display Content that:
- (i) contains nudity, sexually graphic material, or material that is otherwise deemed explicit by MetaMoJi; or
- (ii) contains threatening, abusive, harassing, defamatory, libelous, invasive, hateful, or racially, ethnically or otherwise objectionable.
5. MetaMoJi reserves the right to terminate for your use of the Share Notes and to delete for your Content from the Share Notes without notice if (a) you violate any term of this Terms of Use or (b) MetaMoJi judges your action or Content is inappropriate or incorrect.
6. THE SHARE NOTES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. METAMOJI, ITS LICENSORS AND PARTNERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SHARE NOTES, WHETHER SUCH WARRANTIES ARE EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, METAMOJI, ITS LICENSORS AND PARTNERS MAKE NO WARRANTY OR REPRESENTATION THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, NOR WITH RESPECT TO THE CORRECTNESS, ACCURACY, OR RELIABILITY OF THE SHARE NOTES. YOU FURTHER ACKNOWLEDGE THAT THE SHARE NOTE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE COMPUTER SOFTWARE, HARDWARE, AND SYSTEM FAILURES OR LOSS OF DATA. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SHARE NOTES IS AT YOUR SOLE RISK.
7. UNDER NO CIRCUMSTANCES WILL METAMOJI BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF METAMOJI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. You agrees to indemnify and hold harmless MetaMoJi, its licensors, its partners, and any third party against any demands, damages, loss, liability, claims or expenses (including attorneys' fees) arising out of or in connection with any your conduct.
9. MetaMoJi may also terminate the sharing features of Share Anytime, or your access to or use of the Share Notes, with or without prior notice.
10. This Terms of Use will be governed by and construed in accordance with the laws of Japan, except for its conflict of laws principles. You and MetaMoJi also agree that the Tokyo Direct Court shall have the exclusive jurisdiction for the first instance over any lawsuit and any other disputes involving you and MetaMoJi in connection with this Terms of Use.