Terms of Use

RichFlyer Service Terms of Use

This agreement governs the use of the RichFlyer Sservice (hereinafter referred to as the "the Service") provided by INFOCITY, Inc. (hereinafter referred to as "the Company"). You may use the Service only if you agree to these Terms of Use. Article 1 (Definition) The terms used in this Agreement are defined as follows 1. The Service: RichFlyer Service that allows Operators to create, distribute and receive push notifications to mobilephones, tablet computers and web browsers, as well as create and post messages to social networking sites at the same time 2. Operators: Those who use the Service to create and distribute push notifications, create and post messages to SNS, and those who provide applications to users 3. Developers: To develop applications for mobilephones, tablet computers, and web applications using the RichFlyer SDK 4. Users: End users of the developed applications 5. The SDK: Software Development Kits for mobilephone applications, tablet computer applications and web applications libraries provided by the Company to developers in order to use this SDK 6. Developed Applications: Mobilephone applications, tablet computer applications and web applications developed using this SDK 7. Push notifications: A system for actively delivering information to mobilephones, tablet computers and web browsers 8. SNS Services: A Service that allow users to post and exchange messages via the Internet, such as Twitter, Facebook, LINE, and Instagram 9. Content: Text, sound, still images, and video created and distributed by the Operator on the Service, as well as software programs, code, etc. such as RichFlyer SDK, the Management Site, and the Management Site API provided by the Company 10. Posting: The act of the operator distributing information such as text, text strings, images, comments, etc. using push notifications and SNS Article 2 (Consent to these Terms) 1. The Operator and the Developer shall use the Service upon agreeing to this Agreement, and the use of the SDK is subject to the RichFlyer SDK Terms of Use, which are set forth separately. 2. The Operator shall be deemed to have agreed to this Agreement upon starting to use the Service or registering an account with the Service, whichever comes first, and a contract based on this Agreement shall be established and become effective between the Operator and the Company. Moreover, the rules of use notified by the Company to the Operator from time to time through online and other means shall also constitute a part of this Policy, regardless of the name, and the Operator shall accept such rules. If there is any substantial difference between the notified rules and this Agreement, the content of such rules shall take precedence. 3. In the event that the Operator is a minor, the Operator shall obtain the consent of a person with parental authority or other legal representative before using the Service. If an operator who is a minor uses the Service by falsely claiming to be a minor or falsifying his or her age in order to use the Service in spite of the absence of the consent of a legal representative, or by using fraudulent means in order to convince a person to believe that he or she has the capacity to act, any legal action related to the Service shall not be revoked. If an operator who was a minor at the time of agreeing to this agreement uses the service after reaching the age of majority, the operator shall be deemed to have approved all legal acts related to the service. 4. The Company reserves the right to refuse the use of the Service in the following cases in the Company’s judgement (1) The Operator declares a falsehood to the Operator. (2) When it is clear that the operator of a paid plan is likely to be negligent in paying the service fee. (3) When the Operator has had the Service cancelled or has been expelled from the Service (4) The operator is a minor and has not obtained the consent of a legal representative such as a person with parental authority. (5) When there is a problem with the execution of the Company's business or technology Article 3 (Amendments to the Terms and Conditions) 1. The Company shall be entitled to revise the contents of this Policy at any time without the Operator's consent, and the Operator shall agree to such revision without objection. 2. When the Company revises this Policy, the Company shall notify the Operator of the content of the revision by the method designated by the Company. The validity of the revision shall be deemed to be established when the Company notifies the Operator of the revision, and the Operator shall be deemed to have agreed to the amended Terms of Use without objection at the time of using the Service after the revision. Article 4 (Management of Account) 1. The Operator shall voluntarily register and manage the information registered for use of the Service (hereinafter referred to as "Registered Information") under its own responsibility. The Operator shall register and manage such information (including e-mail addresses, IDs, and passwords) at its own discretion and under its own responsibility. The Operator shall not allow a third party to use such information, nor shall it be lent, transferred, transferred, sold, nor otherwise transferred to a third party. 2. The Company shall be deemed to have been used by the individual who registered for the Service, and the Company shall be responsible for any and all consequences resulting from or associated with such use. 3. The Operator shall compensate the Company or a third party for any damage caused to the Company or a third party due to the unauthorized use of the registered information. 4. The Operator shall manage the registered information at its own risk, and the Company shall not be liable for any loss or damage incurred by the Operator due to inaccuracies or falsehoods in the registered information. If it is found that the registered information has been stolen or used by a third party, the Operator shall immediately notify the Company of such fact and shall comply with the Company's instructions. Article 5 ( Intellectual Rights) 1. The Operator and the Developer shall use the contents of the Service only in a manner that does not violate this Agreement and is determined by the Company. 2. The rights to the RichFlyer SDK, the management site API, and all content on the management site provided by the Company in the Service shall be owned by the Company, and the Company shall not be responsible for the implementation nor transfer the rights for use of the Company's patent rights, utility model rights, design rights, trademark rights, copyrights, and other intellectual property rights to the operator, developer and the third party except as expressly set forth in these Rules. It shall not constitute a license. 3. The Operator and the Developer shall not reproduce, transmit, transfer (including sales and purchases between the Operator and the Developer), lend, translate, adapt, reprint, use for commercial purposes, modify, disassemble, decompile, reverse engineer, etc., in any manner beyond the scope of the Company's control. It is prohibited. 4. Notwithstanding the preceding paragraph 3, if the Operator loses the qualification to use the Service due to withdrawal from the membership, etc., the right to use the provided contents shall also be terminated. 5. The copyrights (including all copyrights, including the rights stipulated in Article 21 or Article 28 of the Copyright Act) to the contents (still images, video, text, and all other information) created or posted on the Service by the Operator shall belong to the Operator. However, the Operator grants the Company a non-exclusive, royalty-free license to use the relevant Content through any form, medium, and technology, existing or hereafter developed within and outside of Japan at the time of transmission of the Content. 6. The Operator shall not exercise its moral rights of authorship in the Service. 7. The image content used in the postings may be optimized for delivery when uploaded to the Service. 8. If the Service infringes the intellectual property rights of any third party, or if the Company determines that the Service is likely to infringe on the intellectual property rights of any third party, we shall choose to either  (1) obtain a license to continue using the Software  (2) replace or modify the Software so as not to infringe any intellectual property rights and provide the Operator and the Developer with a copy of the Software  (3) Terminate the Service if the Company determines that (1) or (2) is not feasible 9. The preceding paragraph provides for the sole and complete responsibility of the Company for any infringement of third party intellectual property rights in connection with the Service, and in any case, the Company shall not be liable to the Operator or any third party for any damages or other liability. Article 6 (Handling of Personal Information, etc.) Personal information and operator information shall be handled properly in accordance with the "RichFlyer Privacy Policy"(URL ; https://richflyer.net/policy.html) that the Company set separately. Article 7 (Posting to SNS) 1. Operators are required to follow the rules and guidelines established by each SNS company when posting content on SNS. The Company shall not be held responsible for any consequences of violating the rules and guidelines. Please refer to the following for the rules of each SNS. Please refer to the following for the rules of each SNS. ・Twitter rules: https://help.twitter.com/ja/rules-and-policies/twitter-rules ・Facebook rules: https://www.facebook.com/terms.php 2. The Company shall not add location information to the Operator's postings on SNS using the Service. Article 8 (Paid Services) 1. the Service may be made available in its entirety for a fee. For paid services, the Operator shall enter into a service use agreement with the Company. 2. The Company may, at its discretion, change the price or specifications of any function of the Service that is free or charged. 3. The use of paid services shall be permitted only for the registered information of the Operator. Article 9 (Prohibited Acts) In using the Service, the Company shall prohibit the following acts against the Operator and Developer 1. Infringing on the intellectual property rights of the Company or a third party, defaming the reputation or credibility of the Company or a third party, or unfairly discriminating against or slandering the Company or a third party. 2. An act that infringes or may infringe on the property of the Company or a third party 3. Any act that causes economic damage to the Company or a third party, or any threatening act 4. The operator posts the following information  (1) Information that poses a risk of causing damage to the rights or property of a third party, information that is harmful to a third party, or information that physically or psychologically harms a third party  (2) Information that constitutes a crime or illegal or dangerous activity, as well as information that abets or assists in these activities  (3) Information that is unlawful, harmful, threatening, abusive, racist, defamatory, libelous, defamatory, insulting, harassing, inciting, intended to cause offense, or has the potential to cause such a result.  (4) Information that is known to be untrue or non-existent, information over which the operator has no right to control himself  (5) Information that infringes on the intellectual property rights, including copyrights, or other property rights of a third party, or information that violates the public interest or the rights of an individual  (6) Information such as images or documents that are obscene, child pornography or child abuse, or information that violates the Medical Practitioners Act or other laws and regulations.  (7) Any other information that the Company deems inappropriate. 5. Use or induce computer viruses or harmful programs 6. Any act that places undue stress on the infrastructure for the Service, or any attack on the servers or systems of the Service Site, or on the security of the Service 7. Attempting to access the Service through a method other than the interface provided by the Company 8. An act of a single operator to obtain multiple user IDs 9. Actions that violate the guidelines set forth in each SNS. 10. Any other act that the Company deems inappropriate in addition to the above Article 10 (Disclaimer) 1. The Company shall not be liable for any direct or indirect damages to the Operator or users resulting from the use of the Service. The Company shall not be involved in and shall not be responsible for any damage or loss of or damage to the information recorded or stored on the server or the environment in which the Service is used, and shall not be liable for any loss or damage caused by the modification, suspension, or termination of the Service. Furthermore, the Company shall not be liable for any loss of opportunity, business interruption, or any other damages (including indirect damages and lost profits) caused to the operator or any other third party, even if the Company has been notified of the possibility of such damages in advance. 2. This service is provided on an "as is" basis and the Company shall not warrant that such defects may be corrected by the Company in the event of the occurrence of such defects. The Company shall not warrant that such defects may be resolved by the Company's modification of the Program in the event of such defects. The Company shall not warrant that the Service may be compatible with the specific purposes of the Operator or the user, that the Service may have the expected functions, commercial value, accuracy, and usefulness, that the use of the Service by the Operator or the user shall be in compliance with the laws and regulations or internal rules of any industry organization applicable to the Operator, or that there may be no defects. 3. The Operator shall acknowledge in advance that the use of the Service may be restricted in whole or in part due to changes in the terms of use, providing features and operational policies of push notification services such as Apple Push Notification Service and Firebase Cloud Messaging and that the changes in the terms of use, providing features and operational policies of the SNS companies may limit the use of the Service in whole or in part. The Company shall not be held responsible for any suspension of the Operator's SNS account due to violations of the terms of use or guidelines of the SNS companies. 4. The Company shall not be responsible for any disputes or problems between the Operator and users. If the Operator causes damage to another Operator or a dispute with a third party in relation to the use of the Service, the Operator shall compensate for the damage or resolve the dispute at its own expense and responsibility, without causing any trouble or damage to the Company. In the event of a dispute between the Operator and a user, the parties shall resolve the dispute at their own expense and responsibility, and shall not make any claim against the Company. 5. In the event that the Company is claimed by a third party for damages, etc. as a result of the Operator's conduct, the Operator shall settle the claim at its own expense (legal fees) and responsibility, and the Company pays any compensation for damages to the third party, the Operator shall pay all expenses (including legal fees and lost profits) including such compensation for damages to the Company. 6. If the Operator causes damage to the Company in relation to the use of the Service, the Operator shall compensate the Company for the damage (including the cost of lawsuits and legal fees) at the Operator's cost and responsibility. If the Company is liable for damages in relation to the use of the Service, the Company shall be liable for damages up to the amount of use received from the Operator in the month in which the damages are incurred. 7. If the Company is unable to provide the Service due to (but not limited to) acts of God, natural disasters, labor disputes, civil disturbances, terrorist acts, power outages, epidemics, and other reasons beyond the Company's control, the Company shall not be obligated to compensate the Operator and the User for any damages caused by the inability to use the Service. Article 11 (Prohibition of Transfer of Rights) 1. The Operator shall not assign its position in this Agreement or its rights or obligations under this Agreement, in whole or in part, to any third party without the prior written consent of the Company. 2. The Company may, at its discretion, assign all or part of the Service to any third party. The Company may transfer all or part of the Service to a third party at the Company's discretion, and in such case, all of the Operator's rights relating to the Service, including the Operator's account, shall be transferred to the third party to the extent of the transferred rights. Article 12 (Cancellation) 1. The Operator may terminate the use of the Service at any time by deleting the account. 2. The Company may terminate the Operator's use of the Service in the event that the Operator does any of the following. In addition, the Operator shall forfeit the benefit of time in respect of any and all obligations owed to the Company under the User Agreement at the time the Operator falls under any one of the following circumstances  (1) If the Operator uses the account illegally, falsifies information that may be used by the service, or interferes with the operation of the service.  (2) When an application for provisional attachment, foreclosure, or auction is filed, or a petition for bankruptcy, composition, corporate liquidation, or reorganization is filed, or the company enters liquidation.  (3) When the Operator fails to pay the taxes and dues and is subject to a provisional garnishment, stops payment, or issues a single dishonor that causes the bill exchange to suspend transactions.  (4) When it is determined that there is a risk that a material change in the business, such as a transfer of assets, credit, or business, or a merger, may make it difficult to perform obligations under these Terms and Conditions.  (5) When the Operator make a false declaration at the time of application for the use of this system.  (6) When the Operator delay or refuse to pay the fee for using the service.  (7) If the Operator violate all or part of this Agreement 3. If the Company suffers any damage due to the Operator's violation of the preceding paragraph, the Company shall be entitled to demand compensation from the Operator for the damage, regardless of whether or not the User Agreement has been cancelled. Article 13 (Termination) 1. the Company shall notify the Operator in advance when the provision of the Service is terminated. However, this provision shall not apply in case of an emergency. 2. A notice of the preceding paragraph shall be posted on the homepage of the Service. One month after the notice is posted, the Operator shall be deemed to have given notice to all operators. 3. The Company shall not be held liable for any damage suffered by the Operator as a result of the termination of the System, regardless of the reason, as a result of the notice in paragraph 1. Article 14 (Severability) Even if any provision of this Agreement or any part thereof is deemed invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of this Agreement and the remaining portions of the provisions deemed invalid or unenforceable shall continue to be in full force and effect. Article 15 (Method of Contacting the Company) The Operator shall contact the Company regarding the Service by sending the inquiry form located at an appropriate place in the Service or the website operated by the Company or by a method separately designated by the Company. Article 16 (Survival Clause) Articles 1, 5, 6, and 9 to 17 shall remain in effect even after the termination of this Agreement. Article 17 (Governing Law, Court of Jurisdiction) All disputes regarding the Terms and Conditions (including disputes of interpretation of the Terms and Conditions) shall be governed by the laws of Japan and the Tokyo District Court shall have exclusive jurisdiction of the first instance. In addition, the Terms and Conditions shall be in Japanese and shall be interpreted at all times in Japanese only. Effective on December 1, 2018 November 22, 2019 Revised. November 28, 2019 Revised. January 31, 2020 Revised. December 14, 2020 Revised. 日本語版

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