ICONIT User Agreement (IUA)
You shall be acknowledged that you agree to this IUA on your usage of the ICONIT service (the "Service"), or by using the ICONIT software (the "Software"). IUA shall be changed by MEDIASEEK, inc. without prior notice.
1. ICONIT User Agreement ("IUA")
- The ICONIT service (the "Service") is provided by MEDIASEEK, inc. ("MEDIASEEK"). The person who uses the Service ("User") shall agree to this IUA before using the Software. User shall be given a qualification (collectively "User Qualification") to use "ICONIT", an application software for Android and iOS device ("Software") and the Service when MEDIASEEK accepts the registration of User.
- User shall use the Service according to IUA and also several additional agreements ("Individual Regulation") set by MEDIASEEK. When IUA conflicts with Individual Regulation, Individual Regulation shall prevail.
- IUA and Individual Regulation (collectively "AGREEMENT") might be changed by MEDIASEEK without prior notice to User. When User uses the Service after the change of AGREEMENT, such change shall apply to the usage of the User and the User shall be deemed to have agreed to such change.
1. Licensing of the Software
- MEDIASEEK grants, under the conditions provided in AGREEMENT, the non-transferable, non-exclusive license to User who downloaded the Software to use the Software for personal and non-commercial purpose.
- AGREEMENT shall not be construed as to grant User to use the upgraded version of Software in future.
2. Upon the usage of Software User shall acknowledge as written below
- Information on certain products or services recommended for User by MEDIASEEK or other users with whom User exchanged User's profile (collectively "Recommend Info") and advertisements, may be delivered and displayed on the Software. Telecommunication might be occurred for getting and updating Recommend Info. and advertisements.
- Any computer code, files or programs designed for the Service may be changed or updated automatically without prior notice.
- Some functions of the Software may be limited or not applicable depending on each User's environment.
- Notices, including What's New, may be delivered and displayed on User device. Telecommunication might be occurred for getting and updating notices.
3. Notice on the Software usage
- The Software may be connected automatically, particularly at start-up or updating Recommend Info, to the network. User shall be acknowledged that various data will be exchanged and transferred automatically between the Software and servers on the network.
- The Software is designed to connect automatically to internal/external memories or storage devices connected to the Software. User accepts that some system files and other related document files on the memories or the storage devices will be written or updated automatically by the Software.
- User shall bear all the expenses, including the cost of data-communication or internet-access fees, required for downloading and using the Software.
- MEDIASEEK may, at its discretion, stop providing all or some part of the Service, or may terminate or disable User's account without any compensation to User.
- MEDIASEEK may, without any prior notice, require User to cease using the Software when User violates any one of conditions provided in AGREEMENT.
3. Cautions on usage
- User shall, with its own responsibility and User's own risk, register and manage User's information submitted for registration ("RegInfo", including e-mail address and password).
- User agrees to keep the password secure and confidential.
- User agrees that it is User's responsibility to make and keep the password NOT easily presumed by others.
- User shall NOT disclose the password to any others.
- MEDIASEEK may treat the usage of the Service by the third person or entity with the password of User as the usage of the User oneself. User shall be responsible for all outcomes and responsibilities resulted by activities of others who used the Service with registered password of User.
- User shall be responsible for any damages, losses and costs suffered by MEDIASEEK or a third party when such the damages, losses or costs are invoked due to the unauthorized use of User's password.
- User agrees that it is User's responsibility to keep and manage User's RegInfo accurate and updated. MEDIASEEK shall not be responsible to any damage orcosts suffered by User accrued by or in connection with inaccuracy or falsehood of RegInfo.
- User shall be acknowledged that MEDIASEEK may, at its own discretion, observe or monitor User's RegInfo for management of the Service. MEDIASEEK may, without prior notice to User, remove, delete, or disable any RegInfo of User if MEDIASEEK believes there is violation of AGREEMENT. MEDIASEEK may, at its own discretion, disclose User's RegInfo to public institutions such as court or police when MEDIASEEK judges that it is appropriate for the purpose of protecting life, body or property of a third party, or the purpose of protecting rights, service or property of MEDIASEEK.
- User can use the Service in accordance with the rules and conditions provided by MEDIASEEK and applied to User depending on User's condition including age and user environment.
- The Service consists of free service and paid service. User shall bear all the expenses of data-communication or internet-access fees, required for using the Software.
- Information, including text, sound, picture and movie which User inputs, posts or edits (including registration as profile image or self-introduction and disclosure/submission to other user) ("Upload Information") may be open or submitted to other user(s) depending on functional settings. So please input, post or edit such information after considering the possibility of loss or damage on User or the third party caused by such being open or submission on User's own responsibility and decision.
- Upload Information may be erased after elapse of protected period depending on functional settings or specification set by MEDIASEEK.
- The function for User to download Upload Information to User device is not provided.
- Information which User stores in clipboard or external storage device, including SD card, may be accessed or acquired by services or applications other than the Service or the Software. So please use clipboard or external storage device, including SD card, after considering the possibility of loss or damage on User or the third party caused by such access or acquisition on User's own responsibility and decision.
4. On personal information and user data
5. Intellectual Property
- User shall input, post or edit (including registration as profile image or self-introduction and disclosure/submission to other user. Same in this section 5) the only information, including text, sound, picture and movie, which User holds intellectual property right such as copyright etc. needed to do so, or which User is licensed by rights holder to do so.
- The copy rights of Upload Information shall be reserved to the user or other rights holders. However, MEDIASEEK shall be entitled to use Upload Information for free in sites of MEDIASEEK or sites which affiliate to MEDIASEEK or in any other sites, medium or services. User shall not exercise its moral rights of authors for such usage by MEDIASEEK based on this section.
- Except the copyrights of Upload Information, all copyrights or any other intellectual property rights of all information relating to the Service, any related document/materials, including helps and manuals, and any content information and Recommend Info displayed on Software, shall vest in MEDIASEEK or rights holder who licensed to MEDIASEEK. User shall not duplicate, ownership transfer, rental, translation, modification, reproduce, public transmission (including making transmittable), communicate, distribute, publication, or commercial use, etc. without prior permission.
6. Withdrawal from Service (Account deletion)
- When User wishes to quit Service and to waive a User Qualification, please delete User account. User shall be deemed withdrawn from the Service upon the deletion of User account.
- Any Icons or other items User set or acquired, including purchased one, shall be deleted upon such withdrawal and shall not be recovered.
- MEDIASEEK shall not be obligated to subsequently hold any information relating to withdrawn User, such as personal information or Upload Information.
- User shall be deemed withdrawn from the Service upon his/her death, any rights and duties which had been belonged to such User shall be personal and exclusive to such User, and shall not be succeeded to through inheritance.
MEDIASEEK prohibits following behaviors related with the usage of Service and Software regardless of User is intentional or negligent. (These behaviors are prohibited irrespective of using what kind of function of Service). MEDIASEEK may delete a corresponding section, stop the usage of Service, or deprive User of User Qualification without prior notice, when User performed any one of prohibited behaviors.
In that case, MEDIASEEK shall accept no question or no complaint about a result or stop measure. MEDIASEEK may make such prior such notice to User. Whether User send back any replies or objections to such notice or not, or whether such notice really reached to User or not do make no effect on MEDIASEEK to take such measurement as described above (to delete a corresponding section, to stop the usage of Service, or to deprive User of User Qualification).
- Antisocial behavior
- A behavior which violates laws and regulations or public orders and good morals;
- A criminal behavior or a behavior which announces, participates, or facilitates crime;
- An act to publish, register or post information including contents which invite a falsehood or misunderstanding;
- A behavior which applies a burden to a server exceeding the range of use or facilitates it, or which blocks use of management, supply, or usage of other Users, or interferes with them;
- A behavior which infringements on intellectual property rights, including but not limited to third party's industrial property rights (patents, trademarks, etc.), copyright, or trade secrets;
- A behavior which infringements on a third party's trust or reputation, or on a privacy, portrait rights, or all other right of a third party, regardless of whether such third party is a person or a corporate, private or official and of whether specification method of such third party is user ID, nickname, real name, or link for the third party, etc...
- A behavior which publishes a language or other expressions with risk of glorifying, encouraging or inducing suicide, self-injuries, drug abuse, etc.;
- Harassment to a third party in any method including stalking.
- A behavior which publishes an expression which leads to discriminatory treatment based on a ethnicity, race, sex, age, etc.;
- Indecent behavior, violent expression, and a behavior on the purpose of meeting opposite sex
- A behavior which publishes pictures, images, movies, the illustration, and paintings which is judged to be indecent, such as nude with the high degree of exposure that includes an underwear figure, photograph which close-up breasts, buttocks, etc. or sexual organs exposed, irrespective of whether or not existence of a mosaic, shading off, or antistatic, and which publishes a language related to sexual intercourse or sexual organs, or other indecent expressions;
- A behavior which publishes expression, such as a violent or grotesque photograph, a picture or language which other general users feel unpleasant;
- A behavior which publishes expression of sexual intercourse or expression which meant sexual intercourse within Service;
- A behavior which links or other methods which guide to an adult site;
- A behavior which publishes the link to the download site of child prostitution, pornography, or an uncorrected video image, etc.;
- A behavior which introduces adult-related goods by direct message or using Service;
- Any behavior which MEDIASEEK judges which have a main purpose of wishing to meet opposite sex or guiding others into meeting opposite sex;
- Other behaviors which are judged to have bad influence on minors' personality and character, etc. (such as tattoo, alcohol consumption or smoking of minors, etc.);
- Commercial behavior
- A behavior which publishes information or transmits e-mail (except for which MEDIASEEK permitted) for the purpose to trade or exchange goods or service (including advertisement, notice, solicitation thereof), regardless of for profit or not; Even if information for seminars, such as free, where goods are sold or participants may conclude contracts at that seminar shall be deemed as a information prohibited in this section.
- A behavior which takes advantage from all or a part of Service, provided by MEDIASEEK, for the commercial purpose (including use, replay, reproduce, copy, sale or resale in any forms, except for which MEDIASEEK permitted);
- A behavior which takes advantage from all acquired information through Service except for User's private use by the following methods, such as reproduce, sell, publish, or disclose to public etc., let others do so, or let third parties do so;
- Multiple transmission or publication using such as message or e-mail function for the purpose of advertisement, notice, or solicitation etc. (including multiple posting, spam mail, or chain mail, etc.);
- To publish or transmit following information
- Information which solicits third party such as pyramid selling, chain mail, MLM (multilevel marketing), or lead mail;
- Information guiding to the site where people get the advantage, such as a point, from an affiliate or introducing (except for which MEDIASEEK permitted);
- Information containing information quotient material;
- All medical treatments or acts similar to medical treatments (in any form including use of a medicine or some other treatment material, spiritual treatments, power stone, counseling, fortune-telling) regardless of with profit or non-profit (except for which MEDIASEEK permitted);
- To corrects or accumulates personal information of other User's, or tries to do so;
- A behavior to publish personal information;
- To publish information with which specific individual can be identified, such as personal e-mail address or telephone number regardless of such information is of User oneself or others;
- A behavior to pretend to be another person by publish or register false information, or to use Service with another User's RegInfo (mail address or passwords, etc.), even if under permission of such another User;
- A behavior to reproduces, reprints, or redistributes Software or any works including pictures, movies, sounds, or music used in Software (except for which MEDIASEEK permitted);
- To Correct, alter, modify, reverse engineer, decompile, disassemble, etc. the Software;
- A behavior to transmit an e-mail or post a message in discriminate way;
- Political activities or religious activities (except for which MEDIASEEK permitted);
- Re registration by Ex-user who was stopped Service or deprived of User Qualification for violation of AGREEMENT;
- Usage of one User Qualification by two or more persons;
- A behavior to transfer User's qualification, function, right, privilege in the Service through methods other than MEDIASEEK defined;
- A behavior to exchanges transaction with User's qualification, function, right, privilege in the Service and cash, any property, or property benefits, or advertise, make a notice, or solicit etc. of exchange transaction with such;
- In addition, behaviors which MEDIASEEK judges to be unsuitable.
User must first understand and agree to the following terms on limitation of liability of MEDIASEEK before start to use Service.
- MEDIASEEK MAY CHANGE, HALT OR CEASE TO OFFER SERVICE TO USER ANYTIME WITHOUT NOTIFICATION TO USER WHEN MEDIASEEK DECIDE IT IS NECESSARY WITH MEDIASEEK'S OWN DISCRETION. WHEN MEDIASEEK CHANGE, HALT OR CEASE TO OFFER SERVICE WITH MEDIASEEK'S OWN DISCRETION OR DUE TO COMPELLING REASONS INCLUDING INCIDENT AND ACCIDENT, MEDIASEEK SHALL TAKE NO RESPONSIBILITY TO USER. SOME PART OF SERVICE MAY BE OFFERED WITH EXPIRATION DATE. WHEN MEDIASEEK CEASES TO OFFER SUCH PART UPON EXPIRATION, MEDIASEEK SHALL TAKE NO RESPONSIBILITY TO USER.
- TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MEDIASEEK DOES NOT GUARANTEE THAT THE SERVICE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. THE OPERATION OF THE SERVICE MAY BE INTERRUPTED OR UNAVAILABLE DUE TO UNDEFINED INCIDENTS. USER SHALL USE THE SERVICE AT USERS OWN RISK AND AGREE THAT THE USE OF THE SOFTWARE AND/OR SERVICE IS ON AN "AS-IS" BASIS WITHOUT ANY WARRANTY.
- TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MEDIASEEK DISCLAIMS ALL LIABILITY TO CORRECT ANY ERRORS OR MALFUNCTIONING OF THE SOFTWARE.
- TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL MEDIASEEK BE LIABLE FOR ANY NORMAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, INDIRECT OR EXEMPLARY DAMAGES WHATSOEVER, WHETHER RELATED TO OR ARISING OUT OF (1) USAGE OF SERVICE OR UNAVAILABILITY OF SERVICE, (2) UNLAWFUL ACCESS OR UNJUST CHANGE, (3) OTHER USER'S REMARK, COMMENT, POSTING AND TRANSMITTING (DISPATCH) ACT IN SERVICE, (4) ANY OTHER ACTS MADE BY OTHER USER(S) IN SERVICE OR A THIRD PARTY'S SPOOFING ACT, OR (5) ANY AFFAIR WHICH HAS REASONABLE CONNECTION WITH SERVICE, EVEN IF MEDIASEEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MEDIASEEK SHALL NOT BE RESPONSIBLE FOR AND SHALL NOT ENDORSE ANY FEATURES, CONTENT, INCLUDING INFORMATION INPUT OR POSTED BY OTHER USER(S), RECOMMEND INFO, OR ADVERTISEMENT PROVIDED AND AVAILABLE ON SOFTWARE. MEDIASEEK DISCLAIMS ALL DAMAGES SUFFERED BY USER ARISING OUT OF OR IN CONNECTION WITH ANY FEATURES, CONTENT, OR RECOMMEND INFO. MEDIASEEK ALSO DISCLAIMS ALL DAMAGES SUFFERED BY USER ARISING OUT OF OR IN CONNECTION WITH SITES LINKED FROM SUCH FEATURES, CONTENT, OR RECOMMEND INFO.
- TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MEDIASEEK DISCLAIMS ALL DAMAGES SUFFERED BY USER ARISING OUT OF OR IN CONNECTION WITH THE CHANGE OR UPDATE OF ANY FEATURES, CONTENT, INCLUDING INFORMATION INPUT OR POSTED BY OTHER USER(S), RECOMMEND INFO OR ADVERTISEMENT PROVIDED ON THE SOFTWARE.
- WHEN THE CONTENT OF INFORMATION WHICH USER INPUT, REGISTER OR POST IS VIOLATING IUA OR IS, DETERMINED REASONABLY BY MEDIASEEK, LIKELY TO VIOLATE IUA, MEDIASEEK MAY DELETE OR REJECT SUCH INPUT, REGISTRATION OR POST. MEDIASEEK DISCLAIMS ALL DAMAGES SUFFERED BY USER ARISING OUT OF OR IN CONNECTION WITH SUCH DELETE OR REJECTION.
- NOTWITHSTANDING THE FOREGOING, REGARDING DEFAULT AND DAMAGES, SECTION 8.1 TO SECTION 8.7 OF THIS IUA STIPULATING THE FULL DISCRIMINATION OF MEDIASEEK SHALL NOT BE APPLIED PROVIDED THAT THIS IUA IS DEEMED AS "CONSUMER CONTRACT" DESIGNATED IN CONSUMER CONTRACT ACT (ACT NO. 61 of 2000) ART. 2, PARA. 3. IN RELATION BETWEEN USER AND MEDIASEEK. IN THIS CASE, MEDIASEEK SHALL BE RESPONSIBLE ONLY FOR DIRECT AND ORDINAL DAMAGES DIRECTORY RESULTING FROM THE CAUSE IMPUTABLE TO MEDIASEEK AND ACTUALLY INCURRED TO AND SUFFERED BY USER, ONLY WHEN MEDIASEEK MADE WILLFUL FAILURE OR GROSS NEGLIGENCE.
9. User's Responsibility
- When a dispute occurs between User and other user(s), User shall settle such dispute with User's own cost and responsibility. User also shall be responsible to and compensate any damages caused from such dispute suffered by MEDIASEEK, other irrelevant user(s) and any other third parties.
- When a dispute occurs between User and other party(is) other than user of Service, User shall settle such dispute with User's own cost and responsibility. User also shall be responsible to and compensate any damages caused from such dispute suffered by MEDIASEEK, other irrelevant user(s) and any other third parties.
- In addition to settings in 9-1 and 9-2, User shall settle, with User's own cost and responsibility, any claims or disputes arise from or occurred in connection with User's access to or act in Service, breach of AGREEMENT or violation of third party right.
- When User violates third party right and MEDIASEEK indemnifies to such third party or bear any expenses in connection with dealing claim or dispute made by such third party, User shall be responsible to and compensate such indemnification and expenses including, but not limited to, attorney's fee.
10. Governing law and Jurisdiction
- All dispute between MEDIASEEK and User related to the subject matter herein shall be submitted to the sole and exclusive jurisdiction of the Tokyo District Court in Japan.
- All legal relationship between MEDIASEEK and User, including AGREEMENT, shall be governed and construed in accordance with the laws of Japan in all aspects of validity, construction and performance thereof without reference to conflicts of laws principles.
- If it turns out that a particular term of AGREEMENT is not enforceable, this will not affect any other terms.
- User shall not assign or transfer, by operation of law or otherwise, any of its rights under this Agreement (including your licenses with respect to the Software) to any third party. User expressly agrees that MEDIASEEK may assign its rights and delegate its obligations to any third party any time without restrictions.
- If User does not comply with any terms of AGREEMENT, and MEDIASEEK does not take action right away, this doesn't mean that MEDIASEEK is giving up any rights that MEDIASEEK may have. MEDIASEEK may take some actions in the future for such incompliance by User.
Last Modified: May, 14, 2018