This kokosil license agreement (hereafter "this Agreement") sets forth
the conditions under which service is provided by Ubiquitous Computing
Technology Corporation (hereafter "the Company").
Article 1. Definition
- "kokosil" is a portal site and an application where the information
such as the location map and word of mouth can be viewed, and is provided
by the Company.
- "The Service" is adapted version of kokosil for specific areas and
facilities operated by the Operators who are stipulated in Article
1.4.
- "The Partner" is an operator of the Service for specific areas and
facilities. It may operate the Service with the Company, or independently
under the contract with.
- "The Operators" are the Company and the Partner in a collective
manner.
- "The User" is the user of the Service.
- "The Content" is information provided from the Users through the
Service including but not limited to word of mouth.
Article 2. Scope of Agreement
- This Agreement sets forth both the copyright and the terms of use
concerning the Service provided by the Operators and the Content.
- If the Users use all the functions of the Service including editing,
posting reviews and bookmarking, the User shall create a uID account
provided by TRON Forum in advance.
- By using the Service, the User shall be deemed to have agreed to the
terms of this Agreement.
Article 3. Consent for use
- The Operators shall grant without remuneration the license to use the
Service on a non-exclusive basis to the User.
- The cost for provider subscription fees, communication expenses, etc.
for accessing the Service by the User shall be borne by the User.
- This Agreement does not transfer or grant to the User either expressly
or impliedly any industrial property rights which mean patent right,
utility model right, design right, trademark, the right to obtain the
license of these rights, know-how, etc. (hereafter collectively "Industrial
property rights, etc.") other than those consented to under
this article.
Article 4. Copyright of the Service
- The copyright of all software, documents, images and any reproductions
thereof provided in the Service are owned by the Operators,
or their suppliers.
Article 5. Copyright of the Content
- When the User posts the Content to the Service, the User shall grant a
license to the rights (as mentioned in the Copyright Law of Japan and
including the right to sublicense the following acts to a third party) to
reproduce, publicly transmit, distribute, translate, adapt, publish the
said Content all over the world using web site, electronic media such as CD
and DVD, and print media such as magazines and books to the Operators
without remuneration. The period of grant of the right of the said Content
shall terminate when the copyright of the said Content expires.
- When the User posts the Content to the Service, the User shall
guarantee the Operators that the User owns all the rights mentioned in the
Copyright Law of Japan to reproduce, publicly transmit, distribute,
translate, adapt and publish the said Content. In case the User does not
own all or part of these rights, the User agrees that the User shall, at
the User's own liability and expense, prevent any problems from occurring,
and if they do, resolve any such problems when the Content is used by the
Operators and/or the third party who has been sublicensed the rights to use
it by the Operators.
- The User shall allow the Operators and/or the third party who has been
sublicensed the rights to use the Content by the Operators to modify it by
the following means.
- Summarizing and citing all or part of the Content available in text
form.
- Changing the size and trimming (and other means of editing) parts or
all of the Content available in still image and video form.
- Changing the volume or keys (and other means of audio editing) of all
or part of the Content in the case of the Content available in audio form
(such as sound and music, but not limited to them).
- The User shall agree that the User shall not exercise the moral rights
of the authors of the Content including but not limited to the modification
prescribed in the preceding paragraph to the Operators and/or the third
party who has been sublicensed the rights by the Operators.
Article 6. Prohibited actions
- The User shall not take any of the following acts without prior written
consent from the Operators.
- to reproduce, transfer, sale, distribute or modify in any manner of
all or any part of the documents, images, other content provided in the
Service.
- to reproduce, transfer, sale, distribute or place in a downloadable
format in a public place, modify, reverse engineer, decompile or
disassemble in any manner of all or any part of the software used in the
Service.
- to rent or lease of the Service.
- The User shall not provide the Content that includes the following
material.
- The material which harms the industrial property rights, etc.,
copyright, interest, etc. of the Operators, those who operate the
affiliate sites of the Service and other third parties.
- The material which slanders others, harms honor of the others, etc.,
or infringes privacy rights of others.
- The material which violates public order or morality.
- The material which leads to illegal behavior, criminal behavior and
risky behavior, and/or encourages them.
Article 7. Non-guaranteed matters and disclaimers
- The Operators make no guarantee, in relation to the Service, express or
implied, that the Service will be without defect, that it will be suitable
for specific purposes, that the use of the Service will not infringe on
third party rights, that use of the Service will not be interrupted, or for
any other issues.
- The Operators shall bear no responsibility for any kind of damages
(including but not limited to lost profit, disruption of business, loss of
business information and other pecuniary damages) occurring as a result of,
or in relation to, either the use or unavailability for use of the Service.
This shall apply even if the Operators have been informed of the
possibility of such damages.
- The Operators shall bear no responsibility for the details of the
Content and any illegal or injurious action of the User arising from the
Content.
Article 8. Responsibilities of the User
- The Operators shall use the Service at their own liability.
Article 9. Authority to delete information
- In cases cited below, the Operators may reserve the right, regardless
of the validity of illegality of the Content or a breach of this Agreement
to take measures including but not limited to the deletion of all or any
part of the Content or its related information without notifying the User
who supplied the Content.
- Cases in which a public organization or specialist identifies or
expresses the opinion that there exists illegality, a violation of public
order or morality, or an infringement of the rights of another person
with regards to the Content.
- Cases in which a third party has claimed the rights to the
Content.
- Cases in which it is judged by the Operators that the Content
infringes the copyright of a third party.
- Cases in which the Content is the result of action in Article 6.2.
of this Agreement.
Article 10. Termination and modification
- The Operators may terminate the Service and/or this Agreement without
prior notice.
- The Operators may terminate the use of the Service of a User without
prior notice when the User has breached the terms stipulated in this
Agreement.
- The Operators may modify all or part of this Agreement at any time
without obtaining the prior agreement of the User.
- It shall be deemed automatically that the User has agreed to this whole
Agreement as a whole by using the Service after this Agreement is modified
pursuant to the provision set forth in the preceding paragraph. However,
the User may be requested to agree to the terms of the modified Agreement
explicitly depending on the modification.
Article 11. Handling of personal information
- In using the Service, the User shall consent to Privacy Policy related
to uID account which is stipulated by TRON Forum and kokosil Privacy
Policy.
- The Operators shall use uID account information of the Users for the
purposes of contacting the Users regarding the Service.
- The Operators use the technologies such as cookie to monitor the state
of a user's Internet usage to operate and analyze the systems and services
in order to improve the convenience of kokosil including its applications,
web sites and servers. Also, the Operators obtain the traffic data between
web browsers and servers, and use statistically anonymized data, which does
not allow individual identification, for analysis.
- The Operators may obtain the location information of User's device to
provide the service to the User. Such location information may be used on
this website and application (including analysis for providing and
improving the Service, etc.) in the state in which the information is
statistically anonymized, which does not allow individual identification.
Such location information is not presented to other Users in the state in
which allows individual identification, provided to a third party other
than the Operators, and sent to an external server operated by a third
party on this website and application.
- Use of personal information for the Service not set forth in this
article shall be handled pursuant to the privacy policy separately
stipulated by the Operators. If there are any different provisions between
Privacy Policy related to uID account and Privacy Policy separately
stipulated by the Operators, Privacy Policy separately stipulated by the
Operators shall govern.
Article 12. Survival Clause
- Article 3.3, 4 to 9 and 11 to 14 shall survive the termination of this
Agreement pursuant to Article 10.
Article 13. Miscellaneous rules
- This Agreement does not oblige the Operators to provide any kind of
support (including but not limited to fixing of bugs, support and technical
service by telephone, fax or e-mail, etc.) or upgrades.
- The formation, validity and performance of this Agreement shall be, in
all aspects, governed by and interpreted under the laws of Japan.
- This Agreement is executed in Japanese language. This Agreement may be
translated in any language other than Japanese for the purpose of
reference. But the Japanese text shall govern the interpretation of this
Agreement.
- Any dispute relating to this Agreement or the Service shall be subject
to the exclusive jurisdiction of the Tokyo District Court as the first
instance
This agreement was created on and is effective as of April 17, 2010.
This agreement was revised on and is effective as of August 5, 2013.
This agreement was revised on and is effective as of December 4, 2013
This agreement was revised on and is effective as of October 22, 2014.