POLYGLOTS App Terms of Service
These Terms of Service set forth terms and conditions of our service (the "Service") provided by application software named "POLYGLOTS" that POLYGLOTS Inc. ("POLYGLOTS") offers as well as rights and duties relationship between POLYGLOTS and the Registered User. You need to agree to these Terms of Service to use the Service. In the event there is a discrepancy or a difference between a Japanese edition and a translation of these Terms of Service, the Japanese edition shall prevail.
Article 1 (Range of application of the Terms)
1. These Terms of Service (the "Terms") intend to set forth terms and conditions of the Service as well as rights and duties relationship between POLYGLOTS and the Registered User. The Terms are applied to all the relationships between POLYGLOTS and the Registered User concerning the use of the Service.
2. If POLYGLOTS sets forth an individual term and a rule concerning the use of the Service besides the Terms in providing the Service, such an individual term and a rule are also applied to all the relationships between POLYGLOTS and the Registered User as a part of the Terms.
3. If the individual term and the rule set forth in the preceding paragraph are different from the Terms, the individual term and the rule shall prevail and be applied.
Article 2 (Definitions)
1. "Service" means language study support services including display service of dictionary data necessary for reading articles of news papers, magazines and literatures provided by application software named "POLYGLOTS" as well as distribution service of character data and voice data of recited those articles.
2. "Service Agreement" means an agreement concerning the use of the Service pursuant to the provisions of the Terms to be formed between POLYGLOTS and the Registered User by completing registration as the Registered User of the Service pursuant to Article 5.
3. "Registered User" means a person who is registered with POLYGLOTS as a user of the Service pursuant to Article 5.
4. "Posted Data" means such data as texts, picture images and moving images that are posted and distributed by the Registered User in using the Service.
5. "Posted User" means the Registered User who posted the Posted Data in using the Service pursuant to Article 8.
Article 3 (Conditions of using the Service)
1. During the effective term of the user's registration, the Registered User may use the Service in accordance with the method that POLYGLOTS decided, in consistent with the purpose of the Terms and in compliance with the Terms.
2. The Registered User shall prepare and maintain telecommunication environment necessary to use the Service, such as computer, software and other devices, telecommunication line, at his/her own expense and risk.
3. The Registered User shall take security measures such as prevention of computer virus infections, unauthorized access and information leak appropriate for his/her own system to use the Service at his/her own expense and risk.
4. The Registered User shall use the Service in agreement on receiving advertisements inserted in information to be received in using the Service. Kinds and scales of the advertisements that POLYGLOTS may distribute in the Service are subjected to change from time to time, and POLYGLOTS has no obligation to inform the Registered User of such changes.
5. The Registered User shall use the Service with the understanding that POLYGLOTS may not deliver articles having offensive contents to public order and morals and inappropriate contents for the Registered User in the sole discretion of POLYGLOTS.
Article 4 (Dealing with personal information and the Usage History)
1. POLYGLOTS handles personal information of the Registered User adequately pursuant to a Privacy Policy that POLYGLOTS establishes separately.
2. By entering information such as identification data available for another service provided by a third party (the "Third Party Service") in using the Service, the Registered User shall authorize in advance POLYGLOTS to acquire the information about him/herself from the Third Party Service. 3. The Registered User shall agree in advance that his/her Posted Data and usage history of the Service (the "Usage History") could be disclosed in the Service and to the Third Party Service. The range of the disclosure of the Posted Data and the Usage History in the Service shall be decided by the Registered User upon his/her registration of using the Service with POLYGLOTS. The range of the disclosure of the Posted Data and the Usage History in the Third Party Service shall be decided by the Registered User in the Third Party Service pursuant to its rules.
4. The Registered User shall agree in advance that POLYGLOTS may create aggregated and analyzed statistical data and attribute information from the Usage History of the Registered User (including but not limited to page views and clicks of delivered articles) and registered information of the Registered User as being transformed into unidentifiable data; and that POLYGLOTS may review and utilize those Usage History, statistical data and attribute information to the extent of being necessary for its operation of the Service.
5. POLYGLOTS uses such tools as Google Analytics or others similar to it in the Service to acquire and record the Usage History statistically for the purpose of investigating the Registered Users' behaviors. For detailed information about Google Analytics, please review the following site; http://www.google.com/analytics/
6. POLYGLOTS may provide third parties with the Usage History to the extent necessary for delivering appropriate advertisements to the Registered User. The third parties, however, do not acquire any personal information of the Registered User.
Article 5 (Registration as a User of the Service)
1. A person seeking to become a Registered User of the Service shall agree to the Terms and other rules on his/her own free will and at his/her own risk; then apply for the registration as a user of the Service in accordance with the way that POLYGLOTS decided in advance.
2. When a person seeking to become a Registered User applies for his/her registration as a user of the Service, s/he should transmit registration data through Internet connection in the format that POLYGLOTS designates from a user information registration screen provided in the Service.
3. POLYGLOTS decides whether or not the person can be approved for the registration as a user of the Service and when being approved POLYGLOTS informs the person of its approval on the user registration. A notice of approval on the user registration from POLYGLOTS completes the registration as a Registered User in the Service, whereupon a Service Agreement in accordance with terms and conditions of the Terms is concluded between the said Registered User and POLYGLOTS.
4. If the person who applied for the user registration based on the clause 1 herein falls within any of the following items, POLYGLOTS may refuse the registration and the re-registration without any obligation to disclose the reasons:
(1) the person is likely to violate the Terms in the sole discretion of POLYGLOTS;
(2) any or all of the user information provided by the person to POLYGLOTS is found to be false, inaccurate or omitted;
(3) the person has ever been canceled the registration to use the Service in the past;
(4) the person is a minor, an adult ward, or a person under curatorship or assistance, and an approval to apply for the registration has not been obtained from the person's legal representative, guardian, curator or assistant;
(5) the person is determined by POLYGLOTS to constitute an organized crime group or a member thereof, a member of rightist organization, anti-social force, or any other similar organization ("Antisocial Force"), to have any interaction or involvement with an Antisocial Force, or to assist or be involved in the maintenance, operation or management of an Antisocial Force by way of finance or any other means; or
(6) in addition to the foregoing, POLYGLOTS deems the registration inappropriate.
Article 6 (Changes in the registered information)
The Registered User shall promptly notify POLYGLOTS of any changes in the registered user information in accordance with such manner as prescribed by POLYGLOTS.
Article 7 (Management of the user information)
1. The Registered User shall be responsible for managing the user information registered with POLYGLOTS in an appropriate manner and may not allow any third parties to use, or provide, transfer, sell or otherwise dispose of the said user information in order for the third parties to give access to the Service.
2. POLYGLOTS shall in no event be liable for damages caused on the Registered User in using the Service arising out of the Registered User's inappropriate management or misuse of the user information, or use of the user information by any third parties.
Article 8 (Posting by the Registered User)
1. By the Registered User's posting any Posted Data in using the Service, the Posted User shall grant to POLYGLOTS free of charge license to reproduce, transmit publicly, distribute, lend, transform, edit, filmize or otherwise adapt the Posted Data as well as allow POLYGLOTS to deal with the Posted Data as specified in the following items. These licenses granted by the Posted User shall be non-exclusive, transferable and sublicenseable and the Posted User agrees not to exercise his/her author's moral rights against POLYGLOTS with regard to the Posted Data.
(1) to examine the contents;
(2) to publish or not as contents of the Service pursuant to criteria established by POLYGLOTS;
(3) to publish after revisions as contents of the Service (including decision on the period of publication) ;
(4) to modify or stop publication after publication as part of contents of the Service; and
(5) to delete the Posted Data without advance notice to the said Posted User.
2. The rights such as copyrights concerning the Posted Data (including rights specified in
Articles 27 and 28 of Copyright Law) posted by the Posted User in using the Service shall remain in
to modify or stop publication after publication as part of contents of the Service; and to delete the Posted Data without advance notice to the said Posted User.
The rights such as copyrights concerning the Posted Data (including rights specified in the said Posted User.
3. The Posted Data posted by the Registered User shall be limited to what the Posted User has any and all rights including copyrights in principle. In the event that the Registered User intends to post any images and texts, such as any statements by any third parties that contain rights of any third parties (the "Third Party Information"), the Registered User shall obtain consents to post from all the relevant rights holders including the copyrights holders of the Third Party Information in accordance with the Terms and post only such Third Party Information as approved to post.
Article 9 (Ownership of Intellectual Property Rights)
Any and all rights (proprietary right, intellectual property right, portrait right, publicity right, etc.) with regard to application software provided by POLYGLOTS in using the Service and texts, images, computer programs and any other data that are displayed and used by the application software are reserved by POLYGLOTS or any third parties who hold such rights, except the Posted Data by the Posted User. The Registered User shall not, regardless of the method, reproduce, copy, reprint, forward, accumulate, sell, publish, or use beyond the scope of private use by the Registered User.
Article 10 (Responsibility of the Registered User)
1. The Registered User shall use the Service at his/her own risk. The Registered User shall be solely liable for any and all acts and results (including any troubles caused between the Registered Users or on communications among the Registered Users and any other third parties) from using the Service and shall indemnify and save POLYGLOTS harmless from any disadvantages, burdens or damages. If POLYGLOTS is suffered any disadvantages, burdens or damages by any actions attributable to a Registered User, the Registered User shall compensate POLYGLOTS for such disadvantages, burdens or damages.
2. POLYGLOTS considers any use of the Service by any communication terminals of a Registered User as the use of the said Registered User. POLYGLOTS assumes no responsibility whatsoever for any damages resulting from the use of any communication terminals of the Registered User by any third parties.
Article 11 (Prohibited Actions)
The Registered User may not conduct any of the following acts in using the Service:
(1) to commit crimes such as fraud, compulsion or intimidation against POLYGLOTS or other Registered Users or any other third parties or any acts that are associated with or likely to be associated with those crimes;
(2) to infringe interests or copyrights, trademarks and any other intellectual property rights, rights to privacy and honor of POLYGLOTS or other Registered Users or any other third parties;
(3) to discriminate, defame or tarnish credibility of POLYGLOTS or a third party;
(4) to cause disadvantage, damages or uncomfortable feelings to POLYGLOTS or other Registered Users or any other third parties;
(5) to post the Posted Data that fall under the followings or POLYGLOTS determines as such, or to distribute the same to POLYGLOTS or other Registered Users in using the Service;
(a) infringing interests or copyrights, trademarks and any other intellectual property rights, rights to privacy and honor of POLYGLOTS or any third parties, or pretending to be someone else;
(b) making inquiries or complaints regarding functions or accuracy of the information of the Service; (c) distributing computer virus or any other hazardous computer programs;
(d) distributing spam e-mails, chain letters, or junk e-mails;
(e) any statements including inappropriate expressions (even being anonymized) that defame, tarnish credibility or honor, discriminate or invade privacy of POLYGLOTS or any other specific companies, corporations, organizations, communities or individuals;
(f) such contents as regarding election campaign for public office or invitation to specific thought or religion;
(g) porno novels, pornographic photography, solicitation for sexual intercourse, or any other obscene contents;
(h) any contents that inhibit sound development of children and young people by provoking and encouraging them to extreme violence, cruel acts and crimes or any other contents including excessively violent or cruel expressions;
(i) antisocial expressions, discriminatory expressions, or any expressions causing uncomfortable feelings or consist of nonsense or grotesque contents;
(j) expressions encouraging suicide or self-mutilation;
(k) expressions encouraging drug abuse;
(l) expressions that are or likely to be against laws and regulations or public order and good morals; or
(m) any other contents having inappropriate expressions for the Service.
(6) to advertise, solicit or market for other Registered Users in the Service, or using the Service for profit or commercial purposes (except with prior approval by POLYGLOTS);
(7) to impersonate another person in using the Service;
(8) to place an excessive burden on the system or network for providing the Service, or to interrupt, or threaten to interrupt, operations of the Service;
(9) to gain, or attempt to gain, unauthorized access to the system or network for providing the Service and alter the system without permission;
(10) to sublicense or transfer applications software that POLYGLOTS provided with for using the Service to a third party, or to alter, translate, decompile, disassemble and any other reverse engineer; (11) to provide Antisocial Forces with profits;
(12) to act against or likely to be against laws and regulations, public order and good morals, the Terms or any other individual terms and rules;
(13) to use the Service with the intention of encountering unacquainted persons of the opposite sex, or any other use of the Service by means other than POLYGLOTS approves;
(14) to do things that annoy POLYGLOTS or other Registered Users or any other third parties; or (15) to act in the way that POLYGLOTS regards as inappropriate.
Article 12 (Cancellation of the registration as a user of the Service)
1. POLYGLOTS may, without prior notice or demand, temporarily suspend the use of the Service by a Registered User, or cancel the registration as a Registered User, in the event of any of the following events:
(1) the Registered User failed to comply with any of provisions hereof;
(2) any of the user information of the Registered User is found to be false;
(3) the Registered User use, or tried to use, the Service with the purpose of or by means of likely to cause damages on POLYGLOTS, other Registered Users, other SNS business operators, or any other third parties;
(4) any other SNS business operator ceases to provide the Registered User with its service and coordination for connection to the Service for the reasons of breach of the terms and conditions of the other SNS business operator or any other reasons;
(5) the Registered User interrupted operations of the Service regardless of the means;
(6) the Registered User has become suspension of payment or insolvent, or a petition for bankruptcy, civil rehabilitation or other similar procedure has been filed against the Registered User;
(7) any drafts or checks that the Registered User had drawn or accepted were dishonored, or a clearinghouse made a disposition by suspension of business or the like against the Registered User; (8) attachment, provisional attachment, provisional disposition, compulsory execution or sale by official auction has been filed against the Registered User;
(9) the Registered User has received a disposition of delinquency;
(10) the Registered User died or has become subject to a court's ruling for commencement of guardianship, curatorship or assistance;
(11) the Registered User has not used the Service more than 12 months and failed to respond to contacts from POLYGLOTS;
(12) the Registered User has not responded to inquiry or any other communication from POLYGLOTS requesting response for more than 30 days;
(13) the Registered User is found to be fall under one of the items listed in clause 4 of Article 5 or the items listed in clause 1 of Article 16; or did any acts fall under one of the items listed in clause 2 of Article 16; or
(14) POLYGLOTS determines keeping the registration of the Registered User for using the Service to be inappropriate.
2. If one or more of events specified in the above preceding paragraph occurred with regard to a Registered User, all amounts owed to POLYGLOTS by the said Registered User shall be automatically accelerated, and the said Registered User shall immediately pay to POLYGLOTS such amounts in full.
3. POLYGLOTS shall not be liable for any damages incurred by the said Registered User arising out of, or in connection with, any actions taken by POLYGLOTS pursuant to this Article.
Article 13 (Withdrawal from the Service)
1. The Registered User may withdraw from the Service and cancel his/her registration as a Registered User by giving notice to POLYGLOTS to that effect and pursuant to such manner as specified by POLYGLOTS.
2. Upon withdrawal from the Service, all amounts owed to POLYGLOTS by the said Registered User, if any, shall be automatically accelerated, and the said Registered User shall immediately pay to POLYGLOTS such amounts in full.
3. Treatment of the Usage History and any other user information after the withdrawal of the said Registered User shall be subject to the provisions of Article 4.
Article 14 (Suspension, Change or Termination of the Service)
1. POLYGLOTS may suspend all or part of the Service without prior notice in the event of any of the following events and shall not be liable for any damages incurred by the Registered User or any third party arising out of such suspension of the Service:
(1) to carry out a periodic or an emergency maintenance or inspection of the system for providing the Service (including the case due to change in the Third Party Service);
(2) to be unable to operate the Service due to an emergency circumstances such as fire, interruption of power supply, natural disasters;
(3) to be unable to operate the Service due to war, civil war, disorder, riot, labor dispute or strike;
(4) to be unable to provide the Service due to problems in the system for providing the Service, unauthorized access to the system from a third party or infection by computer viruses;
(5) to be unable to provide the Service subject to any measures being implemented based on laws and regulations;
(6) when the Third Party Service is suspended or has been terminated (including, but not limited to, the reasons of maintenance, change of its system, suspension for repair of defects); or
(7) when POLYGLOTS determines that the suspension of the Service is unavoidable.
2. POLYGLOTS may modify, add, change or terminate all or part of the Service without prior notice and shall not be liable for any damages incurred by the Registered User or any third party arising out of such events. POLYGLOTS shall notify in advance the Registered User of its any intended termination of the Service.
Article 15 (Disclaimer and Waiver of Warranties)
1. POLYGLOTS makes no representation or warranty of any kind with respect to the Service including but not limited to accuracy, recency, integrity, and usefulness of the Service.
2. POLYGLOTS assumes no obligation for change or alteration of the Service even if the equipments, facilities and software that the Registered User is using are not available for use in the Service.
3. POLYGLOTS shall not take responsibility for the Service being unavailable to a Registered User due to the said Registered User having deleted his/her account for a Third Party Service.
4. POLYGLOTS shall have no involvement in communications and activities by the Registered User, assume no obligation for monitoring or storing Posted Data posted by the Registered User and assume no responsibility whatsoever for the contents of the Posted Data.
5. POLYGLOTS shall not be liable for any damages incurred by the Registered User or any third party resulting from a slowdown in the speed of displaying or a system failure on the Service caused by an unexpected factor, such as excessive access to the system.
6. POLYGLOTS may disclose the contents of the Posted Data to a third party in the following cases without any liability to the Posted User for any damages caused by such disclosure: (1) when the Posted User who posted the Posted Data agreed;
(2) when the disclosure is necessary for analyzing and resolution of any technical failures occurred in the Service;
(3) when POLYGLOTS is officially required to disclose from any public agencies, such as a court or a police, pursuant to laws and regulations, or any other cases when POLYGLOTS determines the disclosure requirements specified in laws and regulations are satisfied;
(4) when POLYGLOTS determines the Posted User acted in any manner contrary to or likely to be contrary to the Terms;
(5) when POLYGLOTS determines the urgent disclosure is necessary due to the life, body and property of the Posted User be facing imminent danger; or
(6) when POLYGLOTS determines the disclosure is necessary for its providing the Service properly. 7. In the event that a Registered User breaches the Terms or acts improperly for operation of the Service at its discretion, POLYGLOTS may take any necessary measures (including legal actions), such as suspension of using the Service, claiming for damages, without notice, demand or disclosure of the reason to the said Registered User. POLYGLOTS shall not be liable for any damages incurred by the said Registered User resulting from those measures.
8. In the event that any provisions of the Terms or any individual terms or rules with regard to providing the Service (the "Terms and others") meet the "Consumer Contract" defined by paragraph 3 in Article 2 of Consumer Contracts Act, any provisions among the Terms and others to discharge POLYGLOTS's liability for damages entirely shall not be applied. In this case, POLYGLOTS shall be responsible for damages up to the amounts that were directly incurred by the Registered User from its breach of contracts or torts caused by willful intent or gross negligence.
Article 16 (Not being Antisocial Forces)
1. The Registered User shall represent that s/he does not constitute or is not a member or an associate member of an organized crime group; is not a person who has not passed five years since s/he resigned from an organized crime group; does not operate any companies related to an organized crime group; is not a corporate racketeer, a rogue proclaiming a social activist, a member of a violent mob with special intelligence, or any other person similar to such persons (the "Member of Organized Crime Group and others"). The Registered User further shall represent and commit him/herself not to fall within any of the following items both now and in the future:
(1) to have any relationships with any organization that is controlled by or substantially engaged in by Member of Organized Crime Group and others or anyone associate with them;
(2) to have any relationships with Member of Organized Crime Group and others in the way to be assumed as exploiting them for the purpose of earning unjust profits for him/herself or a third party or causing damages on a third party; or
(3) to have any relationships with Member of Organized Crime Group and others in the way to be assumed as funding and extending facilities to them.
2. The Registered User shall commit him/herself not to do any actions that fall within any of the following items to POLYGLOTS or other Registered User or any other third party by him/herself or by using a third party:
(1) to make a demand violently;
(2) to make an unreasonable demand beyond any legal responsibilities;
(3) to behave in a threatening way or use violence with regard to any transactions;
(4) to spread false information, tarnish the other party's credibility by the use of fraudulent means or force, or interfere with the other party's business; or
(5) to do any other actions similar to the preceding items.
Article 17 (Confidentiality)
The Registered User shall keep any and all non-public information that was disclosed by POLYGLOTS in relation to the Service with an obligation of confidentiality confidential from any third parties including other Registered Users, unless the Registered User has obtained prior written approval from POLYGLOTS.
Article 18 (Change of the Terms)
POLYGLOTS may change the Terms anytime by its sole discretion by any reasons. When POLYGLOTS has changed any provisions of the Terms, POLYGLOTS will inform the Registered User of the Service of such changes by sending a notice displaying a link to its website where the changed contents are posted. If the Registered User of the Service uses the Service or fails to take steps to cancel his/her registration within the time specified by POLYGLOTS after receiving the above notice of change of the Terms, the Registered User shall be deemed to have agreed to all the provisions set forth in the Terms after such changes.
Article 19 (Communication or Notice concerning the Service)
Any inquiries with respect to the Service or other communications or notices from the Registered User to POLYGLOTS shall be made in accordance with the procedures specified by POLYGLOTS. Any notices concerning any changes to the Terms or other communications or notices from POLYGLOTS to the Registered User shall be made to a contact point where the Registered User provided POLYGLOTS with as contact information upon his/her registration as a user of the Service.
Article 20 (Severability)
1. If any provision of the Terms or part thereof is held to be invalid under laws or regulations, the remaining provisions hereof and the rest of the partially invalid provision shall remain in full force and effect.
2. If any provision of the Terms or part thereof is found invalid or rescinded in relationship with a Registered User, the Terms shall remain in full force and effect in relationship with other Registered Users.
Article 21 (Assignment)
1. The Registered User shall not assign, transfer, pledge, encumber or otherwise dispose of its contractual status under the Service Agreement or its rights or obligations under the Terms without the prior written consent of POLYGLOTS.
2. In cases where POLYGLOTS has assigned the business regarding the Service to a third party, POLYGLOTS may, as part of such assignment, assign to such third party its contractual status under the Service Agreement, its rights and obligations under the Terms, and the registered information and other information relating to the Registered User, and the Registered User hereby agrees to such assignment in advance. For the purposes of this Article 21.2, the business assignment referred to in the above shall include, in addition to the usual form of business assignment, a split of the Company or any other form of restructuring of the Company that would result in a business transfer.
Article 22 (Governing Law and Jurisdiction)
1. The Terms and the Service Agreement in accordance with terms and conditions of the Terms shall be governed by the laws of Japan. If the Service includes sales of goods, the United Nations Convention on Contracts for the International Sales of Goods (CISG) shall not apply to those sales of goods.
2. Any and all disputes arising out of or in connection with the Terms and the Service Agreement shall be submitted to the exclusive jurisdiction of Tokyo District Court in the first instance, if POLYGLOTS and a Registered User cannot resolve the disputes by making efforts to reach an agreement through sincere consultations.
Prescribed on 28 May, 2015