Macromill "Secure File Share" Terms of Use
1 PURPOSE
The purpose of the terms of use shown here (hereinafter referred to as the "Terms of Use") is to set forth the contractual relationship between Macromill, Inc. (hereinafter referred to as the "Company") and the users (hereinafter referred to as "User" or "Users" depending upon context), concerning the use of "Secure File Share" (hereinafter referred to as the "Service"), which is the file transferring service operated by the Company.
2 APPLICATION OF THE TERMS OF USE
User shall be deemed to agree to and shall become subject to the Terms of Use at the time User has received the file to be sent to or received from other User via the Service (hereinafter referred to as the "Subject File" or "Subject Files" depending upon context) or User has completed the registration procedure for the Service.
3 APPLICATION OF OTHER RULES AND THE AMENDMENT OF THE TERMS OF USE
3.1 The Company may from time to time established rules in relation to the Service besides the Terms of Use in a manner it considers appropriate. In such event, the said rules constitute an integral part of the Terms of Use and Users shall comply with those as well as the Terms of Use.
3.2 The Company may in its sole discretion amend the Terms of Use and the rules set forth in the preceding paragraph without prior consent of Users.
3.3 In the event of resulting in a conflict between the Terms of Use and the rules which the Company sets forth separately, unless otherwise provided in such rules, the Terms of Use shall prevail.
4 APPROVAL OF SUBMISSION
In case where User conducts the submission of the Subject File via the Service for the first time, a prior approval by the Company shall be required. The Company may refuse to approve such submission if it considers that the usage of the Service by such User is inappropriate. The Company has no obligation to disclose the reason of refusal.
5 MANAGEMENT OF LOGIN IDS
5.1 Subsequent to the point in time specified in Article 2, the Company will issue the login ID and password for the use of the Service to the Users subject to such issuance.
5.2 Users shall be responsible for the management and use of their login ID, password and file download key which are issued by the Company according to the preceding paragraph (hereinafter collectively referred to as the "Login IDs." In the event that User changes its password, "password" refers to the changed password and the same applies thereinafter.) and shall manage them under their own responsibility with the due care of a prudent manager.
5.3 Users shall not provide their Login IDs which have been issued by the Company to any third parties regardless of manner such as transfer, lending, buying and selling or any other forms.
5.4 The Company shall bear no responsibility for the damages arising from negligence of Users in using the Login IDs or an unauthorized use by a third party such as the use of stolen Login IDs, regardless of whether such damages are attributable to Users or have been arisen from other causes.
6 REGISTRATION INFORMATION OF USERS
6.1 Users shall not provide any false information in making user registration.
6.2 Users shall promptly perform the procedures set forth by the Company for the change of the registration information in case where there is any change on the registered information after making a user registration.
7 PROTECTION OF THE USER INFORMATION
7.1 In the event that the Users' registration information contains individually identifiable information, such as personal name, company name, email address and the like, the Company shall properly treat such information according to the "Privacy Policy" set forth separately by the Company. The Company will use such information for the purposes provided in the following items and in the event of using it for the purpose other than those provided therein, the Company shall obtain a prior consent from User;
(1) Performance or operation of the Service
(2) Handling and supporting User matters such as inquiries regarding the Service
(3) Introduction of the Company's services such as services other than the Service, new services and promotions
(4) Other operations attached to the operation stipulated in each of the items above
7.2 The Company shall not disclose to any third party the information it has obtained through the Service in relation to User (sender name, receiver name, email address, company name, file name and the like) with the exception of cases applicable to any of the following items.
(1) In case where the Company has obtained the User's consent
(2) In case where it is necessary to use the said information to protect the life, body or property of the Company, User or a third party and also difficult to obtain the User's consent
(3) In case there is a request which is subject to laws and regulations
8 PROHIBITED ACTS
Users shall not perform any act which falls or may fall under the following items
(1) Offense against public order and morals
(2) Violation of laws, ordinances or other regulations
(3) Violation of the Terms of Use or other rules set forth by the Company in relation to the Service
(4) Infringement of the copyright or other intellectual properties of other Users or third parties
(5) Acts which unreasonably disadvantage the Company, other Users or third parties
(6) Acts which interfere the operation of the Service such as unauthorized access
(7) Registration of information which is false or against the fact
(8) Unauthorized use of the Login IDs or acts which allow unauthorized use of those
(9) Other acts which the Company considers inappropriate
9 HANDLING OF FILES
9.1 Users shall be fully responsible for the Subject Files. The Company shall bear no responsibility for trustworthiness, accuracy, completeness, usability, deletion, misdelivery, existence of computer virus regarding Subject Files and Users shall use Subject Files under their own responsibility and discretion.
9.2 Users shall understand that, when using the Service, Subject Files sent or received via the Service may go through various networks and devices which the Company has no concern with and, in certain instances, there is a risk of corruption of such Subject Files or being unwillingly seen or used by unexpected third parties.
9.3 The Company may disclose or browse Subject Files in cases applicable to any of the following items.
(1) In case where the Company has obtained the User's consent
(2) In case where it is necessary to protect the life, body or property of the Company, User or a third party and also difficult to obtain the User's consent
(3) In case there is a request which is subject to laws and regulations
(4) In case where the Company considers it necessary for a proper operation of the Service
10 DELETION OF FILES
10.1 The Company may delete the Subject File which is stored in the server providing the Service in cases applicable to any of the following items.
(1) In case where User violates the Terms of Use
(2) In case where the number of download stipulated by the Company regarding Subject Files is exceeded.
(3) In case where the storage period stipulated by the Company expires
(4) In case where the Company considers it necessary for a proper operation of the Service
10.2 Users shall prepare for the loss or corruption of Subject Files, and regardless of whether such Users are in the duration of using the Service or the term of the Agreement has been already terminated, Users themselves shall be responsible for keeping records of Subject Files such as taking backups. Irrespective of the reason, the Company shall bear no responsibility for the case that Subject Files become lost or corrupted for any cause.
10.3 The Company shall not restore Subject Files which has exceeded the number of download and the storage period both stipulated by the Company irrespective of the reason.
11 ATTRIBUTION OF RIGHTS AND SCOPE OF RIGHT TO USE
11.1 Copyright on the data provided by the Company through the Service, and copyright, trademark right and other intellectual property rights on the systems, software, applications and modules, etc.(hereinafter collectively referred to as the "Systems") for the Service shall attribute to the Company.
11.2 Users shall not process, modify, edit, replicate, reproduce, reprint, sell or lend the Systems to third parties without prior consent of the Company.
11.3 Users shall not reverse-engineer, decompile or disassemble the Systems.
12 SUSPENSION OR DELETION OF USER QUALIFICATION
The Company may suspend or delete a user qualification without any notice in case where any act of User is applicable to the following items.
(1) In case of violating Article8
(2) In case where there is an unauthorized or improper act on using the Service
(3) In cases other than above which the Company considers it reasonable to suspend or delete user qualification
13 MODIFICATION, CEASING OR SUSPENSION OF THE SERVICE
13.1 In case applicable to the following items, the Company may modify the content of the Service in whole or in part or cease providing the Service in whole or in part, without prior notice to Users.
(1) In case where there is the necessity of maintenance and inspection or update of the equipment and systems for providing the Service, and it is also difficult to give advance notice to Users.
(2) In case where it becomes difficult to provide the Service due to fire, electrical power outage or sabotage by a third party, and the like.
(3) In case where provision of the Service become difficult since the telecommunication carrier interrupts or suspends providing the telecommunication line for the Service.
(4) In case where the Company needs to interrupt, suspend or cease the provision of the Service in whole or in part due to an order from the court or other public authorities or a requirement of laws.
(5) In case other than above where the Company considers it unavoidable to interrupt, suspend or cease the Service in whole or in part.
13.2 The Company shall bear no responsibility for any damage suffered by Users in relation to a change of the content of the Service or interruption, suspension or ceasing of the Service according to the previous paragraph.
14 IMMUNITY
14.1 The Company shall bear no responsibility for any loss or damage suffered by Users due to interruption, delay, ceasing of the Service, loss of the data, unauthorized access to the data and the like which are caused by a failure of the telecommunication line or computers.
14.2 The Company shall bear no responsibility for any disadvantage or damage arising from the User's use or non-availability of the Service.
15 GOVERNING LAW AND JURISDICTION
15.1 The Terms of Use shall be governed by and construed in accordance with the laws of Japan.
15.2 The Company and Users consent to and confer exclusive jurisdiction upon the court having the jurisdiction over the location of the head office of the Company for any difference or disputes arising out of or relating to the Service.
16 LANGUAGES
The formal language of the Terms of Use is Japanese. English version is provided for the User's convenience only and in the event of any contradictions between the contents in Japanese and English version, the content in Japanese shall govern.
END
(Notes)
Establishment: April 1st, 2008
Enforcement: April 1st, 2008
Amendment: June 18th, 2021