Terms of Service of My Record

infuse digital, Inc. (hereinafter referred to as “we”, “us”, or “our”) specifies the conditions that shall be met by the users of My Record, an application designed for smartphones and provided by us (hereinafter referred to as the “app”), as “Terms of Service of My Record” (hereinafter referred to as the “Terms of Service”).

Article 1 (Introduction)

1. The users shall agree with the Terms of Service before installing or using the app. If you do not agree with the Terms of Service, you are not allowed to use the app and must immediately stop downloading, installing, or using the app. By installing or using the app, the users are deemed to have agreed with the Terms of Service.
2. The Terms of Service are subject to change. The revised Terms of Service shall come into effect when they appear on this web page. The users who do not agree with the revised Terms of Service shall immediately delete the app from the mobile phones concerned. By using the app after revision of the Terms of Service, the users are deemed to have agreed with the revised Terms of Service.

Article 2 (Copyright)

1. All the rights regarding the app are held by us or the third parties who have a lawful right to do so. Unless otherwise specified in the Terms of Service, any infringement, in connection with the app, of the rights held by us or the third parties who have the copyright is prohibited, including but not limited to, reproducing, editing, modifying, analyzing, disclosing, broadcasting, exhibiting, distributing, assigning, lending, translating, adapting, sending, reprinting, recording, or re-licensed the app, registration of rights, and application without our prior consent.
2. We do not discourage the users from exercising the copyright or moral right of author related to the contents or photographs the users create by the use of the app, but the users shall observe the Terms of Service.

Article 3 (Liability of the users)

1. The users shall use the app at their own risk and agree that they are fully responsible for all the actions they take by the use of the app, their consequence, and any damage caused.
2. If a user, in association with the use of the app, defames other person, infringes other person's right to privacy, discloses a third party's personal information without permission, or otherwise infringes other person's rights (including but not limited to copyright, right of trademark, and portrait right), the said user must settle the matter at his/her own responsibility and expense and we assume no responsibility regarding the matter.

Article 4 (Prohibition)

When using the app, the users shall not commit any of the acts listed below. If a user's violating act inflicts damage on us, the said user shall be liable for the damage caused.

1. Use or creation, on the app, of information or content containing any of the following:
(1) What infringes or may infringe a third party's rights, including but not limited to copyright, right of trademark, right to privacy, portrait right, and reputation
(2) What affects a third party's privacy
(3) A third party's personal information (that can identify a specific individual, such as name, e-mail address, address, and phone number) (including but not limited to the case where such information is used as part of poster name or posting)
(4) A pornographic picture or any other lewd content
(5) What makes general users uncomfortable, such as a violent or grotesque picture
(6) What incites or encourages schoolchildren and young people to commit acts of rudeness, brutality, or crime to affect their healthy growth
(7) What violates or may violate laws and regulations or what offends or may offend public order and morals
(8) Discriminatory expressions
(9) An inappropriate expression such as a slander, calumny, complaint, or discriminatory comment on a third party (including signs used in place of politically incorrect words)

2. Use of the app in any way other than approved by us
3. Modification, disassembly, decompilation, or reverse engineering of the app
4. Use of the app for a commercial purpose or profit beyond personal use
5. Any act that infringes or may infringe our or a third party's rights, including but not limited to copyright, right of trademark, right to privacy, portrait right, and reputation
6. Any act that violates or may violate laws and regulations or the Terms of Use or that offends or may offend public order and morals
7. Any other acts that we consider inappropriate

Article 5 (Disclaimer)

1. We do not guarantee the app against infringement of third parties' rights. If it is found that the app infringes or may infringe a third party' rights, the users shall delete the app immediately.
2. We do not provide warranty of any kind about the app, including but not limited to its correctness, validity, applicability, usefulness, operability, and fitness for intended use and the devices used with the app. Even if the users suffer damage in association with the app, we assume no responsibility whatsoever for any damage the users or third parties incur in association with the app, unless such damage is attributed to our intentional act or gross negligence.

Article 6 (Responsibility of the users)

1. The users shall observe the laws and regulations relevant to the app (including the Foreign Exchange and Foreign Trade Law and its related laws and regulations).
2. If a user violates the Terms of Use and thereby inflicts damage on us or a third party, the said user shall be liable for the damage.
3. The users shall download, install, or use the app of their own will. If a user has a dispute with a third party concerning the app, the said user shall settle it completely at his/her own responsibility and expense without inflicting damage on us.

Article 7 (Non-assignability of rights and obligations)

The users shall not assign to a third party or offer as collateral the position as the users of the app or their rights or obligations based on such position without our prior approval.

Article 8 (Applicable laws)

The laws of Japan shall apply to the establishment, force and effect, implementation, and interpretation of the Terms of Service.

Article 9 (Court of jurisdiction)

The Tokyo District Court shall be the exclusive jurisdictional court of the first instance for any lawsuit arising in connection with the Terms of Service.


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Established: March 1, 2012