linoit.com Terms of Service


linoit.com Terms of Service
Second edition, September 1, 2009 

Welcome to linoit.com!! Before applying for a linoit.com account, you must read the linoit.com Terms of Service and Infoteria Privacy Policy (referred to herein as “This Agreement,” including future revisions) and consent to the terms within. 

If there are any important changes to This Agreement, you will be notified via your linoit.com address. However, we recommend that you access this page periodically to check the rules. linoit.com may, based on its own discretion, amend or revise This Agreement as it deems necessary, and a user agrees that such amended or revised terms will be subjected to apply to him. If a user does not agree and comply with This Agreement, that user is not allowed to use linoit.com services. In the case wherein an inconsistency exists between the linoit.com Terms of Service and the Infoteria Privacy Policy (refer to http://www.infoteria.com/en/privacy), linoit.com Terms of Service will take precedence. No terms of This Agreement shall bestow rights or benefits upon third parties.

  1. Description of services: This service provides as-is information, contents, and data that exists on the Internet (herein referred to as “Information”) and information that users have entered, disclosed, supplied, or sent via this service (herein referred to as “Entered Information”). Users state herein that they understand that contents-targeted advertising and other related information is included within this service, and give consent to such. For details on such advertising and related information, refer to This Agreement. Infoteria bears no liability pertaining to the availability, timeliness, security, or reliability of this service. Infoteria reserves the right to change, halt, or terminate this service as it deems necessary without prior notice and with no liability to the user.

     

  2. Private Use: The usage purpose of this service is limited to private use by the user. This service is available only to individuals of 13 years and older. Current official identifying information, contact information, and other information must be provided for the registration procedures and ongoing use of this service. The user must manage the password and account for this service under the user’s liability and bear liability for all operations necessary for using such. Infoteria reserves the right to deny or terminate services without prior notice to any and all users regardless of reason.

     

  3. Appropriate use: The user herein agrees to bear liability for the user’s own transmissions and the results of such transmissions. Usage of this service is conditional on the agreement and compliance with This Agreement. The user herein agrees to use this service in compliance with applicable local government, regional government, national government, and international laws. This also includes laws pertaining to the forwarding of technical data from the country in which the user resides to another country. The user shall not commit the following acts, consent to such acts, or permit or encourage a third party to commit such acts: (a) uploading, forwarding, or distributing in any other method contents which are equivalent to violations of the law, slander, harassment, abuse, illicitness, or immorality, contents containing a virus or viruses, or contents reasonably determined by Infoteria to be adverse, (b) uploading, forwarding, or distributing in any other method contents which infringe upon the intellectual property rights of another individual or the monopolistic, contractual, or fiduciary rights of another individual, (c) hindering of usage of this service by another user, (d) committing the following violations.
    • Uploading, distribution, dissemination, or supply of unlawful, slanderous, abusive, libelous, illicit, infringing, obscene, or otherwise distasteful content.
    • Distribution with intent of a virus, worm, defect, Trojan horse, corrupt file, prank, or otherwise destructive or illicit item.
    • Creating or forwarding e-mail that possesses the characteristics of a chain letter.
    • Transmitting content that socially attacks the socially vulnerable.
    • Pretending to be another person by using the e-mail address of that individual, and camouflaging the source e-mail address.
    • Illicitly transmitting intellectual property or classified information of another person without obtaining permission from the owner or license holder.
    • Using a linoit.com account to encroach upon the legal rights (privacy, social status, etc.) of another.
    • Promoting or advocating illicit acts.
    • Interfere in the usage of services of another linoit.com account user.
    • Creating multiple user accounts via a method that violates policy or creating user accounts automatically or by fraudulent or illicit means.
    • Buying and selling, reselling, misusing, or transferring a linoit.com account for commercial purposes without permission.
    • Revising, altering, translating, or reverse engineering any portion of the linoit.com service.
    • Erasing any notations depicting the copyright, trademark, or other intellectual property rights of the linoit.com service.
    • Altering a portion of a linoit.com web page or displaying it within a frame.
    • Using linoit.com service via illegal peer to peer file sharing.

     
    Violations of this article may result in immediate termination of service without notification, and also may result in the violating user undergoing criminal punishment by the regional or national government as well as becoming the target of other legal action. Infoteria retains the right to investigate the usage of users regarding this service in order to confirm whether a violation has been committed against This Agreement and also in order to comply with laws, regulations, legal procedure, or orders from the government. However, Infoteria is not obligated to conduct such investigations.

     

  4. Contents of this service: Infoteria is not liable for third party contents (including, but not limited to, viruses and other inhibiting functions) and is not obligated to monitor such third party contents. Infoteria reserves the right to erase and/or disallow the providing of all contents related to this service, including contents that violate the stipulations of This Agreement. Infoteria reserves the right to access, reference, save, and disclose information included in the contents of this service if Infoteria reasonably determines that a necessity exists for the following purposes: (a) to comply with applicable laws, regulations, legal procedure, or orders from the government, (b) to enforce This Agreement (including inspections of regulation violation), (c) to detect, prevent, or take other measures against illicitness and security or technical problems, (d) to comply with support requests from users, and (e) to protect the rights, assets, and safety of Infoteria, Infoteria users, and the general public. Infoteria is not liable for the execution or non-execution of rights based on This Agreement.

     

  5. Intellectual property rights:
    1. Infoteria’s intellectual property rights
      The user acknowledges that all rights, titles, and benefits (including but not limited to all intellectual rights, and herein referred to as “Infoteria’s Rights”) pertaining to this service are vested to Infoteria, and that Infoteria’s Rights are protected by the intellectual property rights laws of Japan and other countries. Based on this, the user agrees to refrain from copying, reproducing, revising, and altering this service and to refrain from creating a derivation of the service. The user agrees to refrain from monitoring or copying any and all contents of this service manually or by a robot, spider, or other automated device. Infoteria’s Rights extend to (a) services developed and offered by Infoteria and (b) all software related to this service. Infoteria’s Rights do not extend to contents of third parties used as a portion of this service which includes transmitted contents displayed via this service.
       
    2. User’s intellectual property rights
      Infoteria shall not claim rights to contents that the user uploads to, transfers in, or saves to linoit.com, including text, data, information, images, photographs, music, sounds, video, and other material. Infoteria shall not use user contents for any purpose other than the providing of this service.

     

  6. Pledges: The user pledges to the following. (a) All information provided by the customer to Infoteria in order to participate in this service is accurate and current. (b) The user possesses all rights, ability, and authorization necessary in order to be bound by This Agreement and fulfill the acts required by This Agreement.

     

  7. Privacy: As a usage condition for this service, the user consents to the provisions of the Infoteria Privacy Policy, which may be updated as necessary. Infoteria realizes that user privacy is extremely important to the user. However, the user agrees that in the event in which it is necessary to comply with valid legal procedures or orders from the government (search warrant, summons, law, court ruling, etc.) or when stipulated separately in This Agreement, Infoteria may monitor, compile, and disclose personal information of the user including user contents. The personal information which Infoteria has compiled shall be saved and managed in Japan, Infoteria, or another country in which a facility representative of Infoteria is located. By using linoit.com, the user consents to such information being transferred outside the country in which the user resides.

     

  8. Advertisements:As a condition for using this service, if the user contents are displayed, the user understands and consents to the displaying of advertisements related to such contents and other information. User content shall not be read by unauthorized individuals in order to refine the target of advertising and other information without customer consent. Also, user contents or other information which can identify the user shall not be offered to advertisers as a portion of this service.

     

  9. Account disuse: If the user’s account is not used for a period of 6 months, Infoteria reserves the right to invalidate or freeze the account. If an account becomes invalid due to disuse for a 6 month period, the linoit.com account may be offered to another user. In such a case, the original user shall not be notified of such.

     

  10. Public relations: In order to use Infoteria and Infoteria’s trade name, trademark, service mark, logo, domain name, and other identifying marks (herein referred to as “Infoteria Brand”) compliance with This Agreement and the contents and excerpts from the guidelines on using the Infoteria Brand valid at the time of usage is required. Refer to Infoteria or another URL which Infoterai or Infoteria may provide temporarily) to view the guidelines.

     

  11. Refund policy for paid contents: Due to the nature of the product, refunds and cancellations after purchase are generally not serviced. This site also does not provide warranties even for the case wherein the product cannot be used due to the user’s computer or OS type. Please be aware of this before making any purchases.

     

  12. Other matters:
    1. In the event wherein Infoteria sends notification to the user, such notification shall be individual notification for that user or notification matters listed (this includes links placed on the Infoteria website which connect to pages with notification matters) on the linoit.com website (http://www.linoit.com). In the case of individual notification, notification will be viewed as sufficient when sent by Infoteria to an e-mail address or other contact source which the user previously registered or notified to Infoteria. And, in the case of notification on the Infoteria website, user’s shall be deemed as notified after 24 hours passes from the time which the information was listed.
    2. This Agreement shall be interpreted and applied under Japanese law. In the case wherein a dispute arises between a user and Infoteria regarding this service or This Agreement, the Tokyo District Court shall possess exclusive jurisdiction.