Terms and Conditions

These Terms and Conditions set forth the terms and conditions for providing the Services (as defined below), and the rights and obligations between the Company and Registered Developers (as defined below) of the Services. You must read and agree to the entire Terms and Conditions before using the Services.

1. Applicability

The purpose of these Terms and Conditions is to set forth the terms and conditions for providing the Services and the rights and obligations between the Company and the Registered Developers, and these Terms and Conditions shall apply to all aspects of the relationship between you and the Company in connection with the Services.

2. Definitions

For purposes of these Terms and Conditions, the following terms have the following meanings:

  1. "Company" means Studio Ousia Inc.
  2. "Registered Developer" means any person or entity that has been registered as a developer of the Services pursuant to Article 3 (Registration).
  3. "Services" means any and all services provided by the Company under the name [Linkify].
  4. "Website" means such website(s) as may be from time to time operated by the Company, whose domain name is [Linkify.mobi].
3. Registration
  1. A person wishing to use the Services may apply to the Company for registration to use the Services by agreeing to comply herewith and providing certain information as specified by the Company and in such manner as may be prescribed by the Company.
  2. A developer's account will be registered using a third party web service such as Facebook, Twitter, GitHub or Google. The authority acquired by cooperation with these third party web services is used only for the developer account creation in these Services.
  3. The developer name and mail address which our company acquired in a developer's registration shall be handled according to the Privacy Policy of our company, and the developer's agreement to these Terms and Conditions indicates the developer's consent to this.
  4. The company shall provide notices to developers via its choice of e-mail or a predetermined website (henceforth "the site for a notice"), and the developer's agreement to these Terms and Conditions indicates the developer's consent to this.
4. Application ID
  1. After the company checks the registration mentioned in the preceding article, an ID (henceforth "application ID") for identifying the website or client application (named generically below as "application") which a Registered Developer is going to make using the Services is published to a developer.
  2. The Registered Developer shall be responsible for keeping and maintaining its application ID for the Services in an appropriate manner, and may not cause or allow a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.
5. Prohibited Actions

When using the Services hereunder, the Registered Developer may not conduct any of the following acts or any act that the Company determines falls under any of the following:

  1. acts that violate any laws or regulations or that are associated with criminal activity;
  2. acts that defraud or threaten the Company, other Registered Developer(s) or other third parties;
  3. acts against public order and good morals;
  4. acts that infringe any IP rights, portrait rights, privacy rights, reputation or other rights or profits of the Company.
6. Rule and Regulations in use of the Services

The Registered Developer has the responsibility to inform the users of the Registered Developer’s applications that the Registered Developer's application will send text data that the user has been viewing on the Registered Developer’s application to The Company’s server, in such a form that the individual will not be specified, and that the data will be stored on The Company’s server.

7. Suspension of the Services

The Company shall be entitled to, without any advance notice to the Registered Developer, suspend or discontinue the Services, in whole or in part, in the event that:

  1. An unscheduled or urgent inspection or maintenance of the computer system for the Services needs to be performed;
  2. Computer or communication lines have been disrupted for any reason;
  3. The Company becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm or flood damage, power blackout or any other disaster;
  4. The Company determines that suspension or discontinuance is required for other reasons.

Under no circumstances shall the Company be liable for any damages incurred by the Registered Developer arising out of any measures taken by the Company pursuant to this Article 7.

8. Ownership of Rights
  1. Any and all IP Rights related to the Website and the Services are expressly reserved by the Company. Nothing contained herein shall be construed as granting to the Registered Developer a license of the IP Rights owned by the Company.
  2. The Registered Developer hereby agrees not to exercise moral rights identified in copyright law in Japan and other regions against the Company.
9. Registration Cancellation

The Company may, without prior notice or demand, delete all the data, the Registered Developer input, temporarily suspend the use by the Registered Developer of the Services and/or cancel the Registered Developer’s registration, in the event of any the following:

  1. The Registered Developer failed to comply with any of provisions hereof;
  2. The Registered Developer has not responded to inquiries from the Company or other communications requiring its response for 30 days or more;
  3. In addition to the foregoing, the Company judges continuation of use of the Services not to be suitable.

The Company shall not be liable for any damages incurred by the Registered Developer arising out of, or in connection with, any actions taken by the Company pursuant to this Article 9.

10. Services Modification and Termination
  1. The Company shall be entitled to at any time modify or terminate the Services at its discretion. The Company shall notify in advance the Registered Developer of any intended termination by the Company of the Services.
  2. The Company shall not be liable for any damages incurred by the Registered Developer arising out of, or in connection with, any actions taken by the Company pursuant to this Article 10.
11. Disclaimer and Waiver of Warranties
  1. The Company makes no representation or warranty of any kind, express or implied, with respect to the Services ( including but not limited to any representation or warranty (ⅰ) of fitness or suitability for a particular purpose contemplated by the Registered Developer, (ⅱ) that the Services have expected functions, commercial value, accuracy, or usefulness, (ⅲ) that the use by the Registered Developer of the Services complies with the laws and regulations applicable to the Registered Developer or any internal rules established by industrial organizations, and (ⅳ) that the Services will be free of interruption or defects).
  2. The Company shall not in any way be liable for transactions, communications or disputes arising between the Registered Developer and other Registered Developer or a third party in connection with the Services or the Website.
12. Treatment of User Information

The Company may, at its sole discretion, use or make public any information or data provided by the Registered Developer to the Company as statistical information in a form that cannot identify an individual, and the Registered Developer may not challenge or dispute such use.

13. Amendments

The Company reserves the right to amend or change these Terms and Conditions at its sole discretion. The Registered Developer shall be deemed to have agreed to such amendment or change to these Terms and Conditions.

14. Governing Law and Jurisdiction
  1. These Terms and Conditions shall be governed by the laws of Japan.
  2. Any and all disputes arising out of or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Tokyo District Court of first instance.

These Terms and Conditions shall be executed in the Japanese language. Japanese shall be the governing language and any translation of these Terms and Conditions into any other language(s) is for convenience only and shall not bind the parties hereto.

Implemented on 11/26/2013