Kidsmap Service Terms of Use

Final Revision: November 4th, 2014

Thank you for using Kidsmap Service (hereinafter referred to as the “Service”).
This Service is provided by NC Japan K.K. (hereinafter referred to as “Company”).

Article 1 (Purpose)

The purpose of this Service Terms of Use (hereinafter referred to as the “Terms") is to prescribe basic matters about the Service that the Company provides using the internet on mobile devices. And by agreeing to this agreement and using the Service provided by the Company, you consent to the terms of the Privacy Policy for this Service designated separately by the Company.

Article 2 (Definition of Terms)

The terms used in this agreement are as follows:

  • "Service" refers to the Kidsmap Service provided by the Company via the internet on mobile devices.
  • "Application" refers to the application software required to use the Service.
  • "Device" refers to mobile device on which the Kidsmap application software is installed to use the Service.
  • "Customer" or “you” refers to anyone who, in order to use the Service, confirms and consents to this agreement before installing the Application, and approves the provision of their phone details and personal information.

Article 3 (Use of Service)

You shall comply with every policy that applies within the Service.
You may not interrupt the Service or access the Service in any way other than with the interface and instructions provided by the Service. You are permitted to use the Service only to the extent permitted by law, including applicable export and re-export rules and regulations. If you violate the Terms or policy of the Service, the Company may temporarily suspend or cease making available the Service.
While using the Service, you do not own the intellectual property rights of the Service or its contents. You may not use the Service or its contents unless permission has been given by the owners of the contents and recognized by applicable law.
This agreement does not give you the right to use the brand and logs used in the Service for private or public purposes. Every legal notice provided within the Service prohibits any erasure or modification.
The Service physically enables display of third party copyrighted materials of which the Company does not hold the rights. A Customer who uses the copyright materials bears the sole responsibility for the display of such third party copyrights. The Company may review these contents to determine their legality or if there is any violation of the Service policy, and if it is reasonably deemed that the content is in violation of law or the Service policy, the Company may delete or refuse its posting. However, such a review shall be deemed an obligation vested in the Company.

Article 4 (Customer Responsibilities)

You are responsible for preparation of devices and communication equipment as well as services and installation of programs needed to enable internet connection required for using this Service or installation of the Application at your own cost.

Article 5 (Information Collected by the Company)

In order to provide better service to every Customer, the Company may collect basic information such as the Customer’s language and location data of service user as approved by each Customer.
The Company may collect information in the following two ways.

1. Information Provided by Customer

The Company receives personal information such as mobile device information and your name from you when you start using the Service.

2. Information Collected During the Use of Service

The Company collects information when you use the Service.
This information includes the following:

  • Device Information: The Company collects the information of your mobile device including hardware model, OS version, unique device identifier and mobile network information.
  • Log Data: When you use the Service or view any contents provided by the Company, the information in the server log is automatically collected and stored.
    It includes the following:
    • Log data during the use of the Service;
    • Internet protocol address;
    • Situational information.
      (Server downs, system activation, hardware setting, browser type, browser language, request date and time, reference URL)
  • Location Data: The Company collects and processes your actual location data (GPS signals transmitted by your mobile device). Also, the Company may use the nearest Wi-Fi access point or sensor data from devices that can provide base station information.
  • Unique Application Number: You will receive a unique application number when you install the Application. The unique application number, type of OS, Application version details and other installation related information are regularly sent to the Company’s server, including when the Application is uninstalled or automatically updated.
  • Storage of Information: The Company uses the Application’s data cache etc to collect your information (including personal information) and store locally in your device.
  • Cookies and Anonymous Identifiers: When you use the Service, the Company uses a technology that transmits one or more cookies or anonymous identifiers from your device to collect and store information. And the Company uses cookies and anonymous identifiers when there is a mutual interaction between you and one of the Company’s affiliates (e.g. Service functions and advertising services displayed in other sites).

Article 6 (Protection of Privacy)

The separately prescribed Privacy Policy describes how the Company handles and protects your personal information when you use the Service. By using the Service, you consent to the use of your personal information in accordance with the Privacy Policy. Moreover, this agreement utilizes information to the extent permitted by the Personal Information Protection Act in Japan.

Article 7 (Copyright Protection)

The Company may respond to reports of copyright infringement and temporarily suspend or cease making the Service available to repeat offenders in accordance with the procedures prescribed in the copyright law.

Article 8 (Handling of Customer Created Contents)

You may use the Service to create contents which are your own intellectual properties. However, the Company may delete, remove or refuse registration of customer created contents if any of the following applies. Furthermore, against the Customer who posts such contents, the Company may take appropriate measures under Article 7.

  • If the Company deems that the content is or possibly offensive or libelous to another Customer or a third party;
  • If you have posted pornographic materials;
  • If the content infringes on any type of rights, including copyrights or other intellectual property rights, of the Company, other Customers or third parties;
  • If you have distributed or linked offensive materials that are against public morals;
  • If the content is an advertisement for commercial purposes;
  • If the content is deemed objectively to be linked with a crime;
  • If the content contains personal information prohibited by the Company;
  • If the content is deemed to be in violation of other applicable laws.

You shall own all necessary rights to contents released to the Service.

Article 9 (Handling of Application)

The Application may be automatically updated on your device when a new version or function of the Application is released. In certain devices, you are able to set the auto update settings directly.
The Company provides you with a non-transferable or non-exclusive license for the Application to use the Service for free of charge. This license is only provided under the premise that you use the Service in accordance with the Terms of the Service provided by the Company.
You may not copy, modify, distribute, sell or lease any portion of the Service unless exempt of such legal restrictions or given the Company’s permission. And you may not disassemble, modify or reverse engineer to derive the source code of the Application.

Article 10 (Modification and Termination of Service)

You may cease using the Service at any time.
The Company will continue to modify and improve the Service. The Company reserves the right to add or remove functions of the Service and temporarily suspend or permanently cease the Service itself. If the Service is temporarily suspended or permanently ceased, the Company will notify you in advance as necessary.
If you make suggestions or proposals about the Service, the Company may review your suggestions or proposals without your consent.

Article 11 (Violation of the Terms)

If you violate this agreement or the Privacy Policy, the Company may issue you with an alert or a warning, close or remove the contents created by you, or temporarily suspend or permanently cease making the Service available to you. The Company disclaims all responsibility for any losses or damages caused by these measures. If the Company incurs losses due to your violation of the Terms, the Company may request a claim for damages from you regardless of the measures taken.

Article 12 (Guarantee of Service)

The Company strives to provide Customers with a smooth Service and give satisfaction for using the Service through the use of technology at commercially reasonable level. However, the Company does not promise satisfaction to every Customer. Unless expressively stipulated in this agreement or supplementary agreement, the Company does not guarantee any additional functions beyond the functions of the Service provided by the Company. The Company does not make any promises whatsoever concerning contents absent in the Service, specific functions or reliability of the Service, Service accessibility, or any Customer requests. The Company disclaims all warranties to the extent permitted by law.

Article 13 (Liability of Service)

To the extent permitted by law, the Company will have no liability whatsoever for any loss of profits, sales or data, and indirect, consequential, disciplinary or punitive damages.
To the extent permitted by law, the Company’s full liability for any claims including implied warranties that pertain to this agreement shall be limited to the amount you pay the Company to use the Service (or to the resupply of the Service to you by the Company’s choice).
In any case whatsoever, the Company will have no responsibility for losses and damages that cannot be reasonably predicted.
When you use the Service for personal purposes, no provisions in this agreement or supplementary agreement may limit your legal consumer rights not withdrawn by the contract.

Article 14 (About this Agreement)

The Company reserves the right to modify this agreement and supplementary agreement applied to the Service for the purpose of reflecting changes to law and the Service. It is your responsibility to check the agreement at the right time. When the agreement is changed, the Company will make an announcement at least 7 days in advance. However, changes due to a new function of the Service or legal reasons will take effect immediately. If you do not consent to the changed agreement for the Service, you must cease using the Service.
If this agreement and supplementary agreement are contrary to each another, a supplementary agreement shall be applied for the contrary item.
This agreement prescribes the Service usage relationship between the Company and the Customer, and no third party acquires a right of beneficiary under this agreement. When the Customer does not comply with the agreement and the Company does not take an immediate action, it does not mean that the Company neglected its rights (to take necessary after measures) or failed to fulfill its obligations.
If a certain article is deemed impossible to enforce, this will not affect other provisions.
Any litigations arising from disputes between the Company and the Customer are governed by the laws of Japan. Tokyo District Court will have exclusive jurisdiction over all disputes between the Company and the Customer arising from or related to the Service.