mieruka cloud Terms of Service

Chapter 1 (General Rules)

Article 1 (Application of Agreement)

1. These SOBA Terms of Service (the "TOS") govern the usage of the portal site "SOBA mieruka cloud" (the "Service") which is operated and offered by SOBA Project Inc. (the "Company").

2. Other regulations which are separate from the TOS and established by the Company from time to time, including the "Privacy Policy", are deemed to be incorporated into the TOS.

3. If there are any inconsistencies or contradictions between the provisions of these TOS and the various regulations mentioned in the preceding paragraph, the various regulations are deemed to have priority. In any case other than that in which there are any inconsistencies or contradictions between the provisions of these TOS and the various regulations mentioned in the preceding paragraph, the TOS and other agreements, etc. shall be applied cumulatively.

4. Notices given by the Company to users of the Service ("User" or "Users") as prescribed by Article 3 are deemed to be part of the TOS.

Article 2 (Amendment of Agreement)

1. The Company may amend this agreement without obtaining the consent of the Users. In such a case, the terms of use of the Service are deemed to be the TOS after amendment.

2. Unless the Company determines otherwise, the amended agreement is deemed to be effective from the time when notice is posted on the Service's website.

Article 3 (Notice from the Company)

1. From time to time the Company shall provide notice to the Users of items as necessary by posting on the Service's website, by email or by other methods determined by the Company to be appropriate.

2. In the case that the notice referred to in the previous paragraph is posted on the Service's website, such notice is deemed to be effective from the time when the notice is posted on the website, and in the case that notice is sent by email, then from the time when the email is sent.

Chapter 2 (About Usage)

Article 4 (ID and Password Management Obligations)

1. Each User shall bear full responsibility for the use and management of the ID and password that are assigned by the Company to the User at the time of application for registration as a User.

2. Users are prohibited from lending, transferring, selling, etc. or allowing third parties to use their IDs and passwords.

3. Users shall personally bear full responsibility for any losses caused by inadequate management, mistakes in usage or use by third parties, etc. of their IDs and passwords.

4. If the ID or password of a User is stolen or if a User becomes aware that their ID and password are being used by a third party, the User shall immediately inform the Company of that fact by a direct and prompt method and shall follow any directions given by the Company.

Article 5 (Prohibitions)

1. The following acts are prohibited when using the Service. If such violations occur, the Company may suspend provision of the Service to the involved User or refuse to continue to provide the Service to the involved User. Also, if a violation by the User causes damage or loss to the Company, the User shall promptly provide full compensation to the Company.

1-1. Acts that harm the rights, profit or reputation, etc. of the Company, other Users or other third parties.
1-2. Impersonation of another person while using the Service, entering false information or other improper acts
1-3. Using the Service to collect personal information including email addresses without permission of the concerned party
1-4. Acts involving the furtherance of pyramid schemes or the sending of chain mail, solicitation mail, spam mail or the like
1-5. Acts that violate the law
1-6. Acts that are against public order and morals
1-7. Use of the Service to infringe upon the copyright or intellectual property rights of other companies
1-8. Other acts that the Company recognizes as improper

Article 6 (Intellectual Property Rights)

1. The Service and the information provided to Users by the Company are protected by copyright, trademark, patent rights, or other intellectual property rights and the law. Thus, Users are deemed to acknowledge the following items in connection with the use of the Service. In the case of a violation of these points, the Company may suspend provision of the Service to the involved User or refuse to continue to provide the Service to the involved User. Also, if a violation by the User causes damage or loss to the Company, the User shall promptly provide full compensation to the Company.

1-1. Ownership of information that is provided to a User by the Company through the Service (including images, sounds, text, photos and software) belongs to the Company.
1-2. Decoding, analyzing or reconstructing the software used by the Service without permission is prohibited regardless of the reason or means used.
1-3. Users are prohibited from reproducing, distributing, lending or reposting all or part of the Service or software without permission.

Chapter 3 (Suspension and Termination of the Service)

Article 7 (Suspension of Provision of the Service)

1. The Company may temporarily suspend provision of the Service in any of the following cases without providing advance notice to Users.
1-1. If it is unavoidable due to maintenance or construction of the equipment or facilities used by the Service.
1-2. If it is unavoidable due to a malfunction of the equipment used by the Service.
1-3. If telecommunications services cannot be used due to some reason associated with the telecommunications service provided by type I carriers or other telecommunications carriers.
1-4. If the Company determines that it is necessary to temporarily suspend the Service for some other reason.

Article 8 (Termination of the Service)

1. The Company may terminate provision of the Service to Users or terminate part of the Service without providing advance notice to Users.

2. The Company is excluded from any liability to pay compensation or reparations for any damage, loss or other costs arising from termination of the Service even if the Service is terminated without providing advance notice to Users.

Chapter 4 (Protection)

Article 9 (Confidentiality of Transmissions)

1. The Company will not disclose or divulge to third parties the personal information of Users acquired through provision of the Service except in the following situations.

1. When personal information is provided in order to outsource to a subcontractor, who is bound by contract, etc. to appropriately manage personal information, work required to provide the Service.

2. Aggregation, analysis, etc. of personal information in order to improve, etc. the Service.

3. When the rights relating to part of the Service are transferred and the legal rights and obligations relating thereto are completely assumed by the transferee. 

4. Other cases in which discretion is exercised to disclose or use personal information after obtaining the agreement of Users, etc.

5. When disclosure occurs in compliance with a warrant or other decision or order of a court or in compliance with laws or regulations.

6. If there is a request for information by a prosecutor, the police or competent authorities in accordance with law or duly established procedures.

7. When the Company determines is necessary to protect the rights or reputation of the Company.

Article 10 (Compliance with Privacy Policy)

1. The Company shall take adequate measures to protect personal information and shall comply with the privacy policy posted on the Service's website.

Article 11 (Disclaimer)

1. The Company shall not bear any responsibility whatsoever for any damage, loss, etc. suffered by Users in connection with use of the Service.

2. The Company shall not bear any responsibility whatsoever for any damage, loss, etc. suffered by Users in the case that situations described in Article 2 (Amendment of Agreement), Article 7 (Suspension of Provision of the Service) or Article 8 (Termination of the Service) arise during use of the Service.

3. The Company shall not bear any responsibility whatsoever in the case that a User causes damage to or suffers damage from another User or a third party through use of the Service.

4. The Company does not provide any guarantee whatsoever of the completeness, accuracy, reliability or usefulness of information, etc. that a User obtains through the Service from other Users or third parties.

5. The Company shall not bear any responsibility whatsoever for any damage caused by system interruptions, delays or stoppages, data loss, unauthorized access to data or any other damage caused to Users that is related to the Service.

6. The Company does not provide any guarantees regarding the operation of any kind of devices or software used by Users.

7. Users shall bear full responsibility for any charges demanded by telephone companies or any type of communications carrier that are incurred while using the Service and the Company does not provide any guarantees relating thereto.

Article 12 (Claims for Damages)

1. If a User commits an act that violates the TOS, acts in bad faith or uses the Service illegally, and thereby causes the Company to suffer damage or loss, the Company may demand the payment of appropriate damages (including legal fees) from the concerned User.

Article 13 (Governing Law)

1. The TOS shall be governed by the laws of Japan.

Article 14 (Court of Competent Jurisdiction)

1. The parties to the TOS hereby agree that disputes that arise in connection with the TOS shall be under the exclusive jurisdiction in the first instance of, according to the amount claimed, the Kyoto Summary Court or the Kyoto District Court.

Article 15 (Supplementary Provisions)
*Enacted and in force as of May 5, 2013