These Terms of Service ("Terms") govern your access to and use of the services provided by NEC BIGLOBE Ltd. ("BIGLOBE") with the name of "RingReef" (collectively with the Software (as defined below), the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). The details of the Services will be separately provided by BIGLOBE. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
In order for you to use the Services, you need to download, in advance, application software separately designated by BIGLOBE ("Software") onto your personal computers, smart phones or other devices through which you will use the Services. You must use the Software so downloaded in accordance with Section 2 below.
You are responsible for (i) your use of the Services, (ii ) any content you submit, post or display on or through the Services ("Your Content"), and (iii) any consequences thereof. Your Content will be able to be viewed by other users of the Services and through third party services and websites. You should only so submit, post or display content that you are comfortable sharing with others under these Terms.
BIGLOBE will not be required to upload onto the Services any content you submit which BIGLOBE considers inappropriate for the Services, and may at any time cease to upload onto the Services Your Content once uploaded which BIGLOBE later comes to consider inappropriate for the Services.
You may use the Services only if you accept and comply with these Terms. Further, your use of the Services must comply with all applicable local, state, national, and international laws, rules and regulations.
BIGLOBE may enhance, update and otherwise change the contents, form and nature of the Services at any time without prior notice to you. In addition, BIGLOBE may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users of the Services generally without any notice (prior or post) to you. BIGLOBE also retains the right to create limits on use of the Services and storage available in the Services at BIGLOBE sole discretion at any time without prior notice to you. BIGLOBE will not have any liability to you through these actions by BIGLOBE.
The Services may include advertisements, which may be targeted to the Content or information on the Services or other information. The types and extent of such advertisements are subject to change. In consideration for BIGLOBE granting you access to and use of the Services, you agree that BIGLOBE and its third party providers and partners may place such advertisements on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You must agree to, or use the Software in accordance with, the following terms and conditions:
(i) only a personal, nontransferable and nonexclusive right to use the Software on one device of your own at a time is granted to you;
(ii) no title to the intellectual property in the Software is transferred to you;
(iii) You will use the Software solely for using the Services in accordance with these Terms;
(iv) You will not copy the Software except as necessary to use the Software on such one device;
(v) You will not transfer the Software to any other party;
(vi) You will not export or re-export the Software from the country where you downloaded the Software, without the appropriate approvals from government of the country and other governments;
(vii) You will not reverse compile or disassemble the Software; and
(viii) BIGLOBE does not make any representation or warranty as to the Software.
You understand that through your use of the Services you consent to collection and use by BIGLOBE of your information, including, without limitation, the transfer of such information to other countries for storage, processing and use by BIGLOBE. As part of providing you the Services, BIGLOBE may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account for the Service, which you may not be able to opt-out from receiving.
Four your use of the Services, you need to login the Services with the ID and password (i) which will be issued by BIGLOBE to you through your following the process for acquisition thereof separately designated by BIGLOBE or (ii) issued to you by a provider of social networking service separately designated by BIGLOBE for your use of such service provide by such provider. You are responsible for safeguarding the ID and password that you use to access the Services and for any activities or actions under your ID and password, including, without limitation, for compliance with such provider's rules and regulations for use of the ID and password. BIGLOBE encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) for such login. BIGLOBE will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Any responsibility for any Content remains solely with the person who originated any such Content. BIGLOBE may not monitor or control the Content submitted, posted or displayed on or through the Services and BIGLOBE cannot take any responsibility for such Content. Any use or reliance on any Content or materials submitted, posted or displayed on or through the Services or obtained by you through the Services is at your own risk.
BIGLOBE does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications submitted, posted or displayed on or through the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, that have been mislabeled or that are otherwise deceptive. Under no circumstances will BIGLOBE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content submitted, posted, displayed, emailed, transmitted or otherwise made available on or through the Services or broadcast elsewhere.
You retain your rights to any of Your Content. By submitting, posting or displaying any information, text, graphics, or other materials on or through the Services, you grant to BIGLOBE a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute any such information, text, graphics, or other materials (i.e., Your Content) in any and all media or distribution methods (now known or later developed).
Such uses of Your Content by BIGLOBE, BIGLOBE's sublicensees or other companies, organizations or individuals who partner with BIGLOBE, may be made with no compensation paid to you.
BIGLOBE may modify or adapt Your Content in order to transmit, display or distribute the same over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt Your Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any of Your Content, and for any consequences thereof, including the use of Your Content by other users. You understand that Your Content may be rebroadcasted by other users of the Services and if you do not have the right to submit, post or display on or through the Services as Your Content for such use, it may subject you to liability. BIGLOBE will not be responsible or liable for any use of Your Content by BIGLOBE in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights and licenses granted herein as to any of Your Content.
All right, title, and interest in and to the Services (excluding Content provided by users of the Services) are and will remain the exclusive property of BIGLOBE and its licensors. The Services are protected by copyright, trademark, and other laws of Japan and foreign countries, and international treaties. Nothing in the Terms gives you a right to use the BIGLOBE name or any of the BIGLOBE trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding BIGLOBE or the Services is entirely voluntary and BIGLOBE will be free to use such feedback, comments or suggestions as BIGLOBE sees fit and without any obligation to you.
BIGLOBE reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate use of any Content or Services by users. BIGLOBE also reserves the right to access, read, preserve, and disclose any information as BIGLOBE reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of BIGLOBE, its users and the public.
You may not do any of the following while accessing or using the Services: (i) violate any law or regulation; (ii) violate or infringe other people's intellectual property, privacy, or other rights; (iii) transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable in our reasonable opinion; (iv) send unwanted messages or any unauthorized advertising or commercial communications, such as spam; (v) transmit any malicious or unsolicited software; (vi) stalk, harass, or harm another individual; (vii) impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity; (viii) violate any requirements, procedures, policies or regulations of networks connected to the Services; (ix) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; or (x) interfere with or disrupt the Services, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services.
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, BIGLOBE AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BIGLOBE makes no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content thereon. BIGLOBE will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that BIGLOBE has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. BIGLOBE makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from BIGLOBE or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that BIGLOBE is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BIGLOBE of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIGLOBE AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT BIGLOBe HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
The failure of BIGLOBE to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of Japan without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Tokyo, Japan, and you consent to submit to the exclusive jurisdiction of Tokyo District Court and waive any objection as to inconvenient forum.
These Terms are the entire and exclusive agreement between BIGLOBE and you regarding the Services (excluding any services for which you have a separate agreement with BIGLOBE that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between BIGLOBE and you regarding the Services.
BIGLOBE will have the right to revise these Terms from time to time by posting the revised Terms on the BIGLOBE's website for the Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Effective: October 30, 2011