Terms of Service
This agreement sets forth the terms and conditions for the use of the MONOZIP service (hereinafter referred to as the "Service") provided by G.K. Monoid (hereinafter referred to as the "Company") by MONOZIP users (hereinafter referred to as "Users"). Please use the Service after agreeing to this agreement.
Article 1 (Definitions)
The definitions of terms used in this agreement shall be as follows:
|(1) The Service||The service operated by our company and related services.|
|(2) The Site||The website where the contents of this service are posted.|
|(3) The Content||A collective term for text, audio, still images, videos, software programs, code, etc., provided on this service (including posted information).|
|(4) The API||API (Application Programming Interface) used for integration with this service.|
|(5) User||Any person using this service.|
|(6) Registered User||A user who has completed the registration on this site.|
|(7) ID||A unique string that a registered user has for using this service.|
|(8) Password||A cipher set by a registered user corresponding to the ID.|
|(9) Personal Information||A collective term for information that can identify an individual, such as address, name, occupation, phone number, etc.|
|(10) Registration Information||A collective term for the information registered by a registered user on this site (excluding posted information).|
|(11) Intellectual Property||Inventions, designs, new varieties of plants, designs, works, and other creative activities produced by human beings (including discoveries or elucidations of natural laws or phenomena that are industrially applicable), trademarks, trade names, and other indications of goods or services used in business, and technical or business information useful for business activities, including trade secrets.|
|(12) Intellectual Property Rights||Rights prescribed by laws or legally protected interests related to patents, utility model rights, breeder's rights, design rights, copyright, trademark rights, and other intellectual property rights specified by laws and regulations.|
- Users shall be able to use the Service upon agreeing to this Terms of Service.
- When Users use the Service on a personal computer, smartphone, or other information device and complete the agreement procedure to this agreement, a usage contract based on the provisions of this agreement shall be established between the User and the Company.
- If a User is a minor, please use the Service after obtaining the consent of a legal guardian or other legal representative.
- In the case where a minor User falsely represents that they have obtained the consent of a legal representative or falsely represents their age as being of legal age without the consent of a legal representative and uses the Service, or engages in fraudulent acts to make others believe they have legal capacity, they cannot cancel any legal acts related to the Service.
- If a User who was a minor at the time of agreeing to this agreement uses the Service after reaching the age of majority, it shall be deemed that the User has retroactively approved all legal acts related to the Service.
Article 3 (Amendment to the Agreement)
- The Company may revise the contents of this agreement at any time without obtaining the consent of the User, and the User shall accept this without objection.
- When the Company revises this agreement, it shall notify the User of the contents in the manner specified by the Company.
- The revised terms of this agreement shall take effect from the time when the Company notifies the User as described in the preceding paragraph.
- By using the Service after the amendment to this agreement, the User shall be deemed to have agreed without objection to the amended Terms of Service.
Article 4 (Management of Account)
- Users shall voluntarily register and manage the information (referred to as "registration information," including email address, ID, password, etc.) when using the Service, at their own responsibility.
- If the use of the Service is made based on the registration information, the Company may assume that it was used by the person who performed the user registration, and the person who performed the user registration shall be responsible for all the consequences and associated responsibilities arising from such use.
- In the event that the Company or a third party incurs damages due to the unauthorized use of registration information by a User, the User shall compensate the Company and the third party for such damages.
- The User shall bear the responsibility for inadequate management of passwords or user IDs, operational errors, damages caused by third-party use, and the Company shall not be held liable for any such damages.
- The management of registration information shall be the sole responsibility of the User, and the Company shall not be responsible for any disadvantages or damages incurred by the User due to inaccurate or false registration information.
- In the event that the theft or unauthorized use of registration information by a third party is discovered, the User shall immediately notify the Company and follow the Company's instructions.
Article 5 (Handling of Personal Information, etc.)
Article 6: Prohibited Activities
When using the service, the Company prohibits Users from engaging in the following activities. If a User violates the prohibited activities as determined by the Company, the Company may take necessary measures, including usage restrictions, suspension of use, deletion of posts, and claims for damages, and the User shall agree to this without objection.
- Acts that infringe upon the Company's or third parties' intellectual property rights.
- Acts that defame, discriminate against, or slander the Company's or third parties' reputation or credibility.
- Acts that infringe upon or may infringe upon the Company's or third parties' property or have the potential to do so.
- Acts that cause economic damage to the Company or third parties.
- Threatening acts against the Company or third parties.
- Acts of selling or providing all or part of the service for a fee.
- Acts of using or inducing the use of computer viruses or harmful programs.
- Acts of disassembling, decompiling, or reverse engineering the service, or deciphering the source code by any other means.
- Acts that excessively burden the infrastructure facilities for the service.
- Attacks on the servers, systems, or security of the site.
- Attempts to access the Company's service through methods other than the interfaces provided by the Company.
- Acts of acquiring multiple user IDs by a single user.
- Any other acts deemed inappropriate by the Company.
Article 7: Handling of the Service
- Users may use the contents and API of the service within the scope specified by the Company.
- All rights regarding the contents and API provided by the service belong to the Company and are not granted to Users as licenses for the exercise or use of the Company's patent rights, utility model rights, design rights, trademark rights, copyright, or any other intellectual property rights.
- Users are prohibited from reproducing, transmitting, transferring (including buying and selling among Users), lending, translating, adapting, reprinting without permission, secondary use, commercial use, modification, disassembling, decompiling, reverse engineering, or any other unauthorized reproduction, regardless of the method, beyond the usage scope determined by the Company.
- Notwithstanding the provisions of the preceding paragraph, if a User loses their user qualification due to the termination of the service, the right to use the provided service shall also cease.
Article 8: Fees
- The Service is a monthly subscription-based paid service. The amount of fees for the paid service, payment methods, and other matters shall be separately determined by the Company and displayed on the service or the Company's website.
- The Company may change the price of the contents designated as free or paid in the service at its discretion.
- In the event that a User delays payment for paid contents, the User shall pay the Company a late payment charge at an annual interest rate of 14.6%.
Article 9: Reporting Obligations
- Users shall report to the Company through the specified method anytime the Company requests it regarding the usage status and other matters related to The API.
- If the reported content specified in the preceding paragraph is found to be untrue or inaccurate, the User shall compensate the Company for any damages (including attorney fees) incurred as a result, and the Company may immediately terminate the usage agreement with the User by notifying them.
Article 10: Disclaimer
- The Company shall not be held responsible for any damages caused by changes, interruptions, or terminations of the Service.
- The Company shall not be involved in nor assume any responsibility for the User's usage environment of the Service.
- The Company and the Service do not guarantee that the Service meets the User's specific purposes, expected functions, product value, accuracy, usefulness, compliance with applicable laws or industry regulations applicable to the User's use of the Service, or that malfunctions will not occur.
- The Company does not guarantee that the Service is compatible with all information devices, and the User acknowledges in advance that malfunctions may occur in the operation of the Service due to updates of the information device's operating system used for The service. The Company does not guarantee that such malfunctions will be resolved by the Company's program modifications.
- The Company shall not be liable for any direct or indirect damages incurred by the User through the use of the Service.
- The Company shall not be liable for any loss of opportunity, business interruption, or other damages (including indirect damages and loss of profits) incurred by the User or any other third party, even if the possibility of such damages was notified to the Company in advance.
- The provisions of Paragraphs 1 to the preceding paragraph shall not apply in cases of intentional or gross negligence on the part of the Company or when the agreement falls under the scope of consumer contracts under consumer contract laws.
- Even in cases where the preceding paragraph applies, the Company shall not be liable for damages incurred by the User due to negligent acts, excluding damages arising from special circumstances.
- If the Company is liable for damages in relation to the use of The service, the Company's liability shall be limited to the amount of fees received from the User in the month in which the damages occurred.
- The Company shall not be held responsible for any disputes or troubles between Users or other Users. In the event of a dispute between Users, the parties involved shall resolve it at their own responsibility, and no claims shall be made against the Company.
- If the User causes damage to another User or is involved in a dispute with a third party related to the use of the Service, the User shall bear the responsibility and costs for compensating the damages or resolving the dispute at their own expense, without causing any inconvenience or damage to the Company.
- If the Company receives a claim for damages or the like from a third party due to the User's actions, the User shall resolve such claim at their own expense and responsibility (including attorney fees and other expenses). If the Company pays damages to such third party, the User shall reimburse the Company for all expenses (including attorney fees and loss of profits) including the damages paid.
- If the User causes damages to the Company in connection with the use of the Service, the User shall compensate the Company for the damages (including litigation costs and attorney fees) at their own expense and responsibility.
The Company may suspend or interrupt all or part of the use of The service without prior notice to the User if any of the following apply:
- Regular or emergency inspection or maintenance work on the computer system related to The API.
- Accidents causing the computer, communication lines, etc. to be temporarily unavailable.
- Natural disasters, power outages, or other force majeure events that prevent the provision of The API.
- Any other situation in which the Company deems suspension or interruption necessary.
Article 11 (Advertisement Placement)
Users understand and agree that the Service may include various advertisements and that the Company or its partners may place advertisements on the Service. The form and scope of advertisements on the Service may be changed by the Company from time to time.
Article 12 (Termination of Agreement)
- The Company may temporarily suspend the use of The API for a User or terminate the usage agreement without prior notice or warning if any of the following reasons apply:
(1) Violation of any provision of these Terms and Conditions.
(2) The User is determined by the Company to be providing services that compete with the Company.
(3) The User uses or attempts to use the Service for purposes that may cause damage to the Company, other Users, or third parties.
(4) Obstruction of the provision of the Service by any means.
(5) Payment suspension or inability to pay, initiation of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings have been filed.
(6) In the case where the User is deemed to be involved in or cooperating with antisocial forces (organized crime groups, gang members, right-wing groups, antisocial forces, or similar organizations).
(7) Any other situation where the Company deems the User unsuitable.
- The Company shall not be liable for any damages incurred by the User as a result of actions taken by the Company based on this Article.
- The Company and the User may terminate the usage agreement for the future by notifying the other party in the manner specified by the Company up to 60 days in advance.
- If the usage agreement is terminated based on these terms, the User shall return, dispose of, or take other necessary measures with respect to the software, manuals, and other items related to the Service provided by the Company, based on the Company's instructions.
Article 13 (Termination of Service)
- The Company may terminate the Service by notifying the User through an appropriate method.
- In the event of the termination of the Service, the User shall acknowledge and agree in advance that they will lose all rights to use the Service and associated content, and thereafter, they will no longer be able to use the said content.
- The Company shall not be held responsible for any damages incurred by the User or third parties resulting from the termination of The service, regardless of the cause.
Article 14 (Confidentiality)
- In these Terms and Conditions, "Confidential Information" refers to all information related to the User, which the User has obtained or learned from the Company in writing, orally, or through recorded media, regarding the Company's technology, business, operations, finance, organization, and other matters. However, the following shall be excluded from Confidential Information:
(1) Information that was already publicly known or known to the User before it was provided, disclosed, or learned from the Company.
(2) Information that became publicly known through publication or other means after being provided, disclosed, or learned from the Company, due to reasons not attributable to the User.
(3) Information that the User obtained appropriately without being subject to confidentiality obligations from a third party with the authority to provide or disclose it.
(4) Information developed or acquired independently without relying on Confidential Information.
(5) Information for which the necessity of confidentiality has been confirmed in writing by the Company.
- The User shall use Confidential Information solely for the purpose of using the Service under the usage agreement and shall not provide, disclose, or leak the Company's Confidential Information to third parties without prior written consent from the Company.
- Notwithstanding the provisions of the preceding paragraph, the User may disclose Confidential Information based on a legal, court, or governmental order, request, or demand. However, in the event of such an order, request, or demand, the User must promptly notify the Company thereof.
- If the User reproduces documents or magnetic media containing Confidential Information, prior written consent from the Company is required.
- Upon the Company's request, the User shall promptly return or dispose of all Confidential Information, including documents, records, and all copies thereof, containing or including Confidential Information, in accordance with the Company's instructions.
Article 15 (Prohibition of Assignment of Rights)
- Unless otherwise agreed upon in writing by the Company in advance, the User shall not assign to any third party, in whole or in part, its position under these Terms and Conditions or any rights or obligations based on these Terms and Conditions.
- The Company may transfer all or part of the Service to a third party at its discretion. In such a case, all rights of the User related to the Service, including the User's account, shall be transferred to the transferee within the scope of the transferred rights.
Article 16 (Contact and Notifications)
Inquiries or other communications or notifications from the User to the Company regarding the use of the Service, as well as notifications or other communications or notifications from the Company to the User regarding changes to these Terms and Conditions, shall be made in the manner specified by the Company.
Article 17 (Severability)
Even if any provision or part of these Terms and Conditions is determined to be invalid or unenforceable under the Consumer Contract Act or any other applicable law, the remaining provisions of these Terms and Conditions and the remaining part of the provision determined to be invalid or unenforceable shall continue to be fully effective.
Article 18 (Governing Law and Jurisdiction)
- The validity, interpretation, and performance of these Terms and Conditions shall be governed by Japanese law and shall be interpreted in accordance with Japanese law.
- The Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction over any disputes, lawsuits, or other disputes arising between the Company and the User or any other party, depending on the amount of the claim.