GnG (Get and Go ) Terms of Service
“GnG (Get and Go) Services” are AR (Augmented Reality) application services which Koozyt, Inc. (hereinafter referred to as the “Company”) provides as services enabling users to obtain information associated with a CyberCode* (a two dimensional AR code) by holding a mobile terminal over the CyberCode (“GnG (Get and Go) Services” are hereinafter referred to as the “Services”). The Company provides The Services to subjecting individuals using them for non-profit purposes. In order to use the Services, you must first agree to be bound by these “GnG (Get and Go) Terms of Service” (hereinafter referred to as “The Terms”).
Article 1 (Purpose of The Terms)
The Terms establish rules for use of the Services and software necessary for use of the Services. Users of the Services (hereinafter referred to as “Users”) shall comply with The Terms.
Article 2 (Definitions)
For the purpose of The Terms, the following terms have the meanings set forth below:
(1) “Contents” means any and all information that may be generated through use of the Services (including but not limited to pictures, images, voices and writing);
(2) “Koozyt Contents” means the Company-prepared Contents available in the Services;
(3) “Third Party Contents” means Contents prepared by a third party and provided in the Services; such a third party is referred to as “Third Party Contents Provider”; and
(4) “Third Party Services” means services provided by a third party for use of the Services; such a third party is hereinafter referred to as “Third Party Services Provider”.
Article 3 (Scope of Services)
1. The Company shall provide the Services to Users free of charge. The substance of Services shall be determined at the Company’s sole discretion.
2. Software which the Company provides for use of the Services shall be limited to such software named “GnG” as is made downloadable or installable for Users by their consenting to The Terms (hereinafter referred to as the “Software”), no other software provided for use of the Services. The operating and using environment of the Services including but not limited to the Software is set forth in the website prepared by the Company in terms of the Services.
3. Users need to establish their using environments of the Services at their own responsibility and expenses.
Article 4 (Modifications of Substance of Services, The Terms, etc.)
The Company has the right to, in response to need, modify the substance of the Services, The Terms or the operator of the Services, without Users’ approval. Any such modification shall be notified Users of in the manner of notification in the Company’s website involving the Services or other manner the Company judges appropriate. If a User continues to use the Services after such notification of a modification, the User shall be regarded as having approved the modification.
Article 5 (Termination of Provision of Services)
The Company may terminate the provision of the Services, without owing any liability to Users, by giving the termination notice to Users in a manner of posting notice on the Company’s website involving the Services or other manner the Company judges appropriate.
Article 6 (Belonging of Rights, etc.)
1. The Company grants to Users a non-exclusive right and license to use the Software only for the purpose of avail themselves of Services.
2. The copyrights (inclusive of the rights provided for in Articles 27 and 28 of the Copyright Law), morale rights, patent rights, trade mark rights, know-how and all other intellectual property rights on the Software and the Koozyt Contents shall belong to the Company or its licensors . The Company shall not give any of such rights to Users except as otherwise specifically provided in The Terms.
3. Copyrights and other intellectual property rights on Third Party Contents shall belong to relevant Third Party Contents Providers. As to Third Party Services, which need to be used in terms of use of the Services, Users acknowledge that copyrights and other intellectual property rights on them shall belong to relevant Third Party Services Providers or licensors having granted licenses to the Third Party Services Providers. In addition, Users agree that they will consent to and comply with terms, policies, etc. which Third Party Services Providers may establish and propose in terms of use of Third Party Services. Any User’s noncompliance with or breach of any such term or policy established by a Third Party Services Provider shall constitute a breach of The Terms.
Article 7 (Prohibited Matters)
In using the Services or the Software, each User shall be prohibited to:
(1) use the Software for any purpose other than availing himself or herself of Services;
(2) copy, take to pieces, add to, compile, erase, delete, alter, remodel or otherwise modify the Software in whatsoever manner or method;
(3) reverse-engineer, decompile, disassemble or otherwise modify the Software in whatsoever manner or method;
(4) assign, grant a security interest in, sublicense or otherwise dispose of the Software, whether for charge or free of charge;
(5) assign, resell, grant a security interest in , sublicense or otherwise dispose of the right to receive the Services, whether for charge or free of charge;
(6) delete, remove or otherwise alter the indication of copyright, ownership label or the like of the Software, in whatsoever manner or method;
(7) infringe a property right, privacy, honor or other interest of the Company or a third party;
(8) make use of Services for any purpose prohibited by law;
(9) intentionally transmit any erroneous information, harmful computer program or the like in relation to Services;
(10) perform any conduct threatening to interfere with provision of Services or the Company otherwise operating its business;
(11) perform any conduct in violation of a law, The Terms or the public order and morals, conduct injuring the Company’s or a third party’s reputation or conduct causing disadvantage on the Company or a third party; or
(12) perform any conduct which may fall under or equivalent to any of the foregoing.
Article 8 (Discontinuance or Suspension of Services)
1. The Company may discontinue or suspend provision of all or part of the Services at its sole discretion if:
(1) there occurs or threatens to occur a fire, earthquake, flood or other natural disaster, war, rebellion, commotion or other similar incident, power failure, strike, or other emergency event;
(2) regular or emergency maintenance is performed on the server or other equipment the Company uses, operates or manages in relation to the Services;
(3) there occurs any event making the provision of all or part Services impossible including but not limited to abnormality or breakdown of or interference with the server, other equipment, software or other the Company uses, operates or manages in relation to the Services; or
(4) otherwise the Company considers total or partial discontinuance or suspension of the Services desirable.
2. When the Company discontinues or suspends provision of all or part of the Services based on the preceding paragraph, it shall in advance post notice of the discontinuance or suspension on the top page of the Company’s website involving the Services as it considers appropriate; provided, however, that, in emergency, the Company may totally or partially discontinue or suspend provision of the Services without such notice .
3. The Company shall not be liable to Users or third parties for any damage sustained by them arising from the above-stated discontinuance or suspension of provision of the Services.
Article 9 (Handling of Location Information and Other User Information)
1. In the Services, the Company may provide location information produced by the Company, telecommunications carriers, location information providers, etc. (hereinafter collectively referred to as “Location Information Providers Etc.”) (such services are hereinafter referred to as “Location Information Services ”).
2. In using Location Information Services , Users shall consent to and comply with terms, policies, etc. which Location Information Providers Etc. may establish and propose in terms of Location Information Services.
3. In using Location Information Services, Users shall in advance agree that the location information of mobile terminals they use will be obtained by Location Information Providers Etc.
4. The Company shall not be responsible for accuracy etc. of location information provided in the Location Information Services.
5. In the Services, the Company may obtain location information from the Location-based Services as well as CyberCode usage log information, access logs such as a log of viewed contents, etc. (such information and logs are hereinafter referred to as "User Information").
6. Users shall in advance agree that the Company will use for itself or provide to third parties User Information on condition of and after having altered or modified such information in the manner of making it impossible to identify Users from such information.
Article 10 (Handling of Device Identifiers)
In terms of the Services, users agree to provide the unique device identifiers issued by the Services to the Company. The device identifiers shall be made use of in order to improve the user friendliness, enhance the quality of the Services, and to collect usage statistics. The device identifier issued by the Services can be changed by the user in the Settings screen by resetting all contents. The device identifier issued by the Services is not associated with any information unique to the device, including but not limited to: Unique Device Identifier (UDID), serial number, MAC address, IC Card ID, International Mobile Equipment Identity (IMEI), International Mobile Subscriber Identity (IMSI), Exclusive Chip Identification(ECID).
Article 11 (Treatment after Termination of Services)
1. If the Company’s provision of the Services terminates in accordance with The Terms, Users shall perform the procedure involving the termination in accordance with the Company’s directions.
2. If the Company judges any User has violated any provisions of The Terms, it may prohibit the User from using the Services and the Software.
3. The preceding paragraph shall not prevent the Company from claiming to the User for damages sustained by the Company arising from the User’s breach of The Terms.
4. Even after the agreement between the Company and a User incorporating the provisions of The Terms terminates due to expiry or any other reason or the Company discontinues provision of the Services, Article 6 (Belonging of Rights, etc.), Article 9 (Handling of Location Information and Other User Information), this Article (Treatment after Termination of Services), Article 12 (Limitation of Liability), Article 14 (Severability), Article 15 (Governing Law) and Article 16 (Solution of Disputes) shall remain in force and effect.
Article 12 (Limitation of Liability)
1. The Company does not and will not make any warranty to any User or third party with respect to the Software, the Services or information obtained through the Services, including but not limited to the integrity, accuracy, certainty, usefulness, non-defectiveness and infallibleness.
2. If a User causes damage, loss and/or expenses on a third party (including but not limited to another User) arising from use of the Services or the Software, the User shall solve it at its responsibility and hold the Company harmless from any and all damages.
3. The Company shall not be liable to any User for any damage, loss and/or expenses incurred by the User arising from use of the Services or the Software or any conduct performed by the User or the Company in accordance with The Terms(including but not limited to malfunctioning or breakdown of the Software, malfunctioning or breakdown of the User’s mobile terminal arising from a defect in the Software or installation of the Software in the terminal, damage arising from the User’s carelessness in using the Services or the Software, alteration, interruption or stoppage of the Services, and transaction-related disputes).
4. Third Party Contents provided by the Company in the Services will be ones which third parties prepare at their responsibility, so the Company make any warranty to any User or third party with respect to the Third Party Contents including but not limited to the trueness, integrity, accuracy, certainty, usefulness, non-defectiveness, infallibleness non-infringement and the absence of latent or other defects(hereinafter referred to as “trueness etc”), and shall not be obliged to confirm their trueness etc.
Article 13 (Advertisement)
Users approve that Contents may include advertisement and publicity. Users agree that they are not be entitled to any compensation by the Company for any such advertisement and publicity.
Article 14 (Severability)
Even if any provisions of The Terms are held invalid, all the remaining terms shall remain in full force and effect.
Article 15 (Governing Law)
The Terms shall be governed by and construed in accordance with the laws of Japan.
Article 16 (Solution of Disputes)
1. As for any and all questions and disputes which may arise between the Company and Users in relation to provisions of or matters not provided for in The Terms, the Company and Users concerned shall endeavor to solve them in good faith through mutual consultation.
2. Any and all disputes arising in relation to The Terms shall be subject to the exclusive jurisdiction of 1st instance of the Tokyo Summary Court or the Tokyo District Court.
* CyberCode was developed by Sony Computer Science Laboratories, Inc. and is licensed by Koozyt, Inc. CyberCode technology is incorporated in Koozyt AR Technology (KART) solutions.
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