These Terms of Service (hereinafter referred to as "these Terms") set forth the conditions for using the services (hereinafter referred to as "the Service") provided by "Cloud Identifier" on this application. All registered users (hereinafter referred to as "Users") are expected to use the Service in accordance with these Terms.
The primary purpose of the Service is to allow Users to identify cloud types from photos taken with a camera or selected from the gallery and to check cloud names and characteristics.
These Terms shall apply to all relationships between Users and the Company regarding the use of the Service.
In addition to these Terms, the Company may establish various rules and regulations (hereinafter referred to as "Individual Provisions") regarding the use of the Service. Regardless of their designation, these Individual Provisions shall constitute a part of these Terms.
In the event that the provisions of these Terms conflict with the Individual Provisions set forth in the preceding article, the Individual Provisions shall take precedence unless otherwise specified in the Individual Provisions.
Registration for the Service shall be completed when the applicant agrees to these Terms, applies for registration in the manner prescribed by the Company, and the Company notifies the applicant of its approval.
The Company may decline to approve a registration application if it determines that the applicant falls under any of the following reasons, and the Company shall have no obligation to disclose the reasons:
Users shall manage their User ID and password for the Service appropriately under their own responsibility.
Under no circumstances may Users transfer or lend their User ID and password to a third party, or share them with a third party. The Company shall deem that a login made with a User ID and password combination matching the registered information is made by the User who registered that User ID.
The Company shall not be liable for any damage caused by the use of a User ID and password by a third party, except in cases where the Company is found to have acted intentionally or with gross negligence.
Users shall not engage in any of the following activities when using the Service:
Activities that violate laws or public order and morals
Activities related to criminal acts
Activities that destroy or interfere with the functionality of the Company's servers or networks, or those of other Users or third parties of the Service
Activities that may disrupt the operation of the Company's services
Activities involving the collection or accumulation of personal information about other Users
Activities involving unauthorized access or attempts thereof
Activities involving impersonation of other Users
Activities that directly or indirectly provide benefits to antisocial forces in connection with the Company's services
Activities that infringe upon the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of the Company, other Users of the Service, or third parties
Posting or transmitting content on the Service that contains, or is determined by the Company to contain, the following expressions:
Excessively violent expressions
Explicit sexual expressions
Expressions that lead to discrimination based on race, nationality, creed, gender, social status, family origin, etc.
Expressions that induce or promote suicide, self-harm, or drug abuse
Other antisocial content that causes discomfort to others
Activities that are intended for, or determined by the Company to be intended for, the following purposes:
Business, advertising, promotion, solicitation, or other commercial activities (except those approved by the Company)
Activities intended for sexual or obscene purposes
Activities intended to meet or establish relationships with strangers of the opposite sex
Activities intended to harass or defame other Users
Activities intended to cause disadvantage, damage, or discomfort to the Company, other Users of the Service, or third parties
Activities that use the Service for purposes other than those intended by the Service
Activities involving religious proselytizing or recruitment to religious organizations
Other activities that the Company deems inappropriate
The Company may suspend or interrupt all or part of the Service without prior notice to Users if it determines that any of the following reasons exist:
When performing maintenance, inspection, or updates on the computer systems related to the Service
When the provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters
When computers or communication lines are stopped due to an accident
When the Company otherwise determines that the provision of the Service is difficult
The Company shall not be liable for any disadvantage or damage suffered by Users or third parties due to the suspension or interruption of the Service.
Users may only use the Service to post or upload text, images, videos, and other information for which they hold the necessary intellectual property rights, including copyrights, or for which they have obtained the necessary permission from the rights holders.
The copyrights of text, images, videos, and other content posted or uploaded by Users through the Service shall be reserved to the respective Users or other existing rights holders. However, the Company may use such content to the extent necessary for improving the Service, enhancing quality, correcting deficiencies, and promoting the Service, and Users shall not exercise moral rights of authorship with respect to such use.
Except as set forth in the preceding paragraph, all copyrights and other intellectual property rights related to the Service and all information associated with the Service belong to the Company or the rights holders who have licensed their use to the Company. Users shall not reproduce, transfer, lend, translate, modify, reprint, publicly transmit (including making transmittable), transmit, distribute, publish, or commercially use such content without authorization.
The Company may, without prior notice, delete posted data, restrict all or part of the use of the Service, or deregister a User if it determines that the User falls under any of the following:
If the User has violated any provision of these Terms
If it is found that false information was included in the registered information
If the credit card designated by the User as a payment method has been suspended
If there is a failure to fulfill payment obligations such as fees
If there is no response to contact from the Company for a certain period
If the Service has not been used for a certain period since the last use
If the Company otherwise determines that the use of the Service is inappropriate
If the User falls under any of the items in the preceding paragraph, the User shall automatically lose the benefit of time for all debts owed to the Company and shall immediately pay all outstanding debts in a lump sum.
The Company shall not be liable for any damage incurred by Users as a result of actions taken by the Company under this article.
Users may withdraw from the Service through the withdrawal procedure prescribed by the Company.
The Company does not warrant, either expressly or implicitly, that the Service is free from defects in fact or in law (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, and infringement of rights).
The Company shall not be liable for any damage incurred by Users arising from the Service, except in cases of intentional or gross negligence on the part of the Company. However, this disclaimer shall not apply if the contract between the Company and the User regarding the Service (including these Terms) constitutes a consumer contract as defined by the Consumer Contract Act.
Even in the cases set forth in the proviso of the preceding paragraph, the Company shall not be liable for any damage arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of damage) among damages incurred by Users due to the Company's negligence (excluding gross negligence) in breach of contract or tort. Furthermore, compensation for damages incurred by Users due to the Company's negligence (excluding gross negligence) in breach of contract or tort shall be limited to the amount of usage fees received from the User in the month in which the damage occurred.
The Company shall not be liable for any transactions, communications, or disputes that arise between Users and other Users or third parties in connection with the Service.
The Company may change, add to, or discontinue the content of the Service with prior notice to Users, and Users shall consent to this.
The Company may modify these Terms without obtaining individual consent from Users in the following cases:
When the modification of these Terms is in the general interest of Users.
When the modification of these Terms is not contrary to the purpose of the Service usage agreement, and is reasonable in light of the necessity of the modification, the appropriateness of the modified content, and other circumstances pertaining to the modification.
When modifying these Terms pursuant to the preceding paragraph, the Company shall notify Users in advance of the intent to modify these Terms, the content of the modified Terms, and the effective date of the modifications.
The Company shall handle personal information obtained through the use of the Service appropriately in accordance with the Company's "Privacy Policy."
Notices or communications between Users and the Company shall be made by the method prescribed by the Company. Unless the Company receives a change notification in the separately prescribed format from a User, the Company shall deem the currently registered contact information as valid and send notices or communications to that contact, which shall be deemed to have reached the User at the time of dispatch.
Users may not assign their contractual status or any rights or obligations under these Terms to a third party, or offer them as collateral, without prior written consent from the Company.
These Terms shall be governed by and construed in accordance with the laws of Japan.
In the event of any dispute arising in connection with the Service, the court having jurisdiction over the location of the Company's head office shall have exclusive agreed jurisdiction.