Terms of Service

Last Modified: November 20, 2012

Thank you for using Palu! These Terms of Service (“Terms”) govern your access to and use of our Service (as defined below). If you do access our Service, your use shall be deemed to accept the Terms and be a party to a legally binding contract with MetaMoJi Corporation (“MetaMoJi,” “we,” and sometimes “us”). So please carefully read this document before using the Service.

1. SERVICE DESCRIPTION

The MetaMoJi Service consists of computer programs, services and web sites hosted or made available by MetaMoJi, which you may use for storing, synchronizing and sharing any number of handwritten or imaged notes, and other data on network platforms, now known or hereafter developed (collectively, the “Service”).

2. USE OF SERVICE

Subject to the terms and conditions within, these Terms, MetaMoJi grants you a limited, non-exclusive license to utilize the Service so long as you are not barred from receiving the Service under the laws of Japan.

MetaMoJi may from time to time provide application software for this Service. Especially specified in this Terms, MetaMoJi may provide such application software under the terms and conditions separately to this Terms. You acknowledge and agree that you may use such application software under the terms and conditions applied to such application software.

3. SERVICE FEES

The Service may include paid services. When using such paid services, you shall pay service fees for use of such paid services. Details of the service fees shall be provided on our website.

We shall reserve the right at any time and at our sole discretion to change the service fees. A prior notice shall be provided to you before changing the service fee accordingly to the section 14 of these Terms.

4. YOUR RESPONSIBILITIES

You acknowledge and agree that all information, data, text, images, software, messages, and other materials, whether posted, transmitted or stored using the Service (“Contents”), are the sole responsibility of the person(s) originating such Content and introducing such Content into the Service. The Service provides features that allow you to share the Contents with any person you designated. And you further acknowledge that such person may use the Contents shared by you including but not limited to modify or re-share such Contents. Please consider carefully what you choose to share the Contents. We have no responsibility for that activity.

You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms, and all applicable laws and regulations in the relevant legal jurisdictions.

The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.

You further agree NOT to:

(a) license, sublicense, distribute or otherwise transfer the Software to any third party, or lease, rent or loan the Software to any third party;
(b) use our products or the Service for illegal purposes or for promotion of dangerous activities;
(c) 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;
(d) 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);
(e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) 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;
(g) 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;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Service;
(i) violate any applicable local, state, national or international law, and any regulations having the force of law;
(j) “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;
(k) collect or store personal data about other users for commercial purposes;
(l) 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;
(m) allow usage by others in such a way as to violate these Terms;
(n) solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
(o) 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.

If you encounter any of these prohibited uses, you may use the contact form at http://metamoji.com/en/contact.html and follow the instructions to submit the appropriate information to MetaMoJi.

5. PERSONAL INFORMATION AND PRIVACY POLICY

You acknowledge that MetaMoJi may not collect and/or transfer to MetaMoJi any personal information about a specific individual through the Service.

Our Privacy Policy is published at http://product.metamoji.com/privacy_i. By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use of your Content in accordance with such Privacy Policy.

6. PROPRIETARY RIGHTS

All right, title, and interest in and to the Service (excluding Contents provided by users) are and will remain the exclusive property of MetaMoJi and its licensors. The Service is protected by copyright, trademark, and other laws of both Japan and foreign countries. Nothing in the Terms gives you a right to use the MetaMoJi name or any of the MetaMoJi trademarks, logos, domain names, and other distinctive brand features.

Any feedback, comments, or suggestions you may provide regarding MetaMoJi, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

7. SERVICE COMPONENTS

We retain the right, at our sole discretion, to implement limits to the nature or size of storage available to you, the number of transmissions, or your continued ability to access Contents and other data, and impose other limitations at any time, with or without notice. You acknowledge that a variety of MetaMoJi actions may impair or prevent you from accessing your Contents or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that MetaMoJi has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Contents.

8. MODIFICATIONS

We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including Software), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. In connection with any modification of the Service, MetaMoJi may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit MetaMoJi to deliver these to you (and you to receive them) as part of your use of the Service.

9. TERMINATION

You may discontinue your use of the Service at any time, for any or no reason and with or without notice. You shall delete your data and Contents by yourself. We will provide no refund for your payment if you terminate the Service for any reason whatsoever. If you have an outstanding balance at the time of termination, you shall pay the amount immediately.

MetaMoJi may also terminate the Service, or your access to or use of the Service, with or without notice. Reasons for MetaMoJi terminating your access to the Service include, without limitation: (a) breach or violation of these Terms, (b) an extended period of inactivity (determined in MetaMoJi’s sole discretion), (c) your nonpayment of any fees or other sums due MetaMoJi or any other party related to your use of the Service, (d) requests by law enforcement or other government agencies, (e) the discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, or (g) anything which is deemed inappropriate by MetaMoJi in its sole discretion.

10. INDEMNITY

You agree to indemnify and hold MetaMoJi, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms or any other actions connected with your use of the Service.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, METAMOJI EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) METAMOJI DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM METAMOJI OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT METAMOJI, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF METAMOJI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (v) METAMOJI’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (viii) THE TERMINATION OF YOUR ACCESS IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (ix) ANY OTHER MATTER RELATING TO THE SERVICE.

13. EXCLUSIONS

NOTHING IN THIS TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS IN SECTIONS 11 AND 12 WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

14. NOTICES

You agree that we may provide you with notices hereunder by postings on the web site(s) related to the affected Service, in our discretion. We have no responsibility for any disadvantage or damage that you may receive by not confirming the notices we provide.

15. GENERAL TERMS

These Terms and any action related thereto will be governed by the laws of Japan without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in Japan, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a Japanese government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be governed by the laws of Japan and, in the absence of Japanese law and to the extent permitted under Japanese law, the laws of Japan.

We revise the right to change this Terms from time to time, whether or not we provide you any other notice of such changes. The most current version of the Terms will be posted at http://product.metamoji.com/en/palu/terms/service.html, and we will indicate the effective date of each update at the top of this Terms. Your continual use of the Service after any update will be deemed to represent your consent to be bound by, and agreement with, the new Terms.