Gatebox Terms and Conditions of Use
These terms and conditions of use (the "Terms") set forth the agreed terms between Gatebox, Inc. (“Gatebox”) and users of any of the Gatebox services (the “Service”).
1. Definitions
The following capitalized words and terms shall have the following meanings when used in these Terms:
1.1 "Contents" means information including, but not limited to, text, voice, music, images, videos, software, programs, and computer code.
1.2 "Service Contents" means Contents that you may access through the Service.
1.3 "Posted Contents" means Contents that users of the Service have posted, transmitted, or uploaded to the Service.
1.4 "Individual Terms" means documents related to the Service that Gatebox has distributed or posted, under the title such as "Terms and Conditions", "Guideline" and "Policy".
2. Consent to Terms
2.1 These terms shall apply to your usage for the Service. You may use the Service only with consent to these Terms.
2.2 If you are a minor, you may use the Service only with consent from your parents or person who have parental authority. If you use the Service on behalf of, or for the purposes of a judicial person, you may use the Service only with such consent from the judicial person as it will also comply with these Terms.
2.3 If Individual Terms apply to all or part of the Service, you shall comply with both these Terms and Individual Terms.
3. Changes to Terms
Gatebox may change these Terms and/or the Separate Terms and Conditions when Gatebox deems it to be necessary, within the scope of the purposes of the Service. In such case, Gatebox will indicate the contents of the changed version of these Terms or the Separate Terms and Conditions, as well as the effective date of the change, on the website operated by Gatebox, or will publicize the same to you through methods deemed appropriate by Gatebox. The changed version of these Terms or the Separate Terms and Conditions become effective as of the effective date thereof.
4. Account
4.1 If you provide your own information to Gatebox for using the Service, you shall provide true, accurate, and complete information. If such information is changed, you shall immediately provide the latest information to Gatebox.
4.2 If you register a password for using the Service, you shall strictly manage the password on your own responsibility in order for the password not to be used in wrongful manner. Gatebox may deem all act performed with using the registered password as your act.
4.3 Your right to use the Service expires when your account has been deleted for any reason. Gatebox will not restore your account even if you have accidentally deleted your account and login information related to the account.
4.4 Your account on the Service is exclusive and personal to you. You may not transfer or lend your account to any third party, nor may any third party acquire your account through inheritance.
5. Privacy
5.1 Gatebox respects your privacy.
5.2 Gatebox shall appropriately handle your privacy and personal information in accordance with Gatebox Privacy Policy.
5.3 Gatebox shall exercise utmost care and attention to security measures for safe security control of collected your information.
6. Provision of the Service
6.1 Gatebox shall provide the Service with you in accordance with these Terms and/or the Individual Terms. You shall use the Service in accordance with these Terms and/or the Individual Terms.
6.2 You shall, under your own responsibility and at your own expense, prepare the communication device(s), software, means of communication (e.g., internet connectivity), etc., necessary for using the Service.
6.3 Gatebox may provide all parts of the Service to you or may limit access to certain parts of the Service depending upon conditions such as age, identity verification, registration information, etc., that Gatebox deems necessary or appropriate to its provision of the Service.
7. Advertisements
Gatebox may place advertisements of Gatebox and/or third party on the Service.
8. Third Parties' Services
The Service may include Contents or services ("Third Parties’ Services") provided by third parties. Such third parties shall be responsible for their own Third Parties’ Services, and Gatebox shall not be responsible for the Third Parties’ Services. If you use the Third Parties’ Services, you shall comply with any and all terms and conditions of use provided by such third parties.
9. Contents
9.1 Gatebox grants you the non-transferable, non-re-licensable, non-exclusive license to use the Service Contents provided by the Gatebox, only for the purpose of using the Service.
9.2 If you use the Service Contents that are subject to conditions of use, such as usage fee and period of use, you shall comply with such conditions. Gatebox will not transfer intellectual property rights and other rights with respect to the Service Contents to you, and will grant only usage rights for the Service Contents, even if Gatebox displays languages such as "Purchase" and "Sales" of the Service Contents on screen of the Service.
9.3 If you wish to back up the Posted Contents, you shall back up them on your own responsibility. Gatebox is not obliged to back up any of the Submitted Contents.
9.4 The Service may include functions where multiple users of the Service may make edits such as posts, modifications, and deletions to the Posted Contents. In the cases, you shall allow other users to make edits to your Posted Contents.
9.5 You grant Gatebox a worldwide, royalty-free license and perpetual right of use for the Posted Contents under which Gatebox may make use of Posted Contents that are opened to the public (including, but not limited to, making changes to the Posted Contents, and sublicensing use of the Posted Contents to Partners to the extent that Gatebox deems necessary and appropriate), for the development, provision, and improvement of services, as well as promotions. You shall not exercise author’s moral rights with respect to such use of the Posted Contents.
9.6 Gatebox may review the details of the Posted Contents, if Gatebox deems it necessary to confirm whether the Posted Contents comply with laws and regulations, these Terms, and/or the Individual Terms. Gatebox is not obligated to make such review.
9.7 If Gatebox deems that you have violated or threaten to violate laws and regulations, these Terms and/or the Individual Terms related to your Posted Content, or if Gatebox has business necessity, then Gatebox may limit your use for the Posted Contents in manners including, but not limited to, deleting the Posted Content, without prior notice to you.
10. Restrictions
Any of the following acts are prohibited when using the Service:
10.1 Violations of laws and regulations, court judgements, rulings, or orders, or legally binding administrative acts;
10.2 Criminal acts or illegal acts, or acts that induce or encourage them, or other acts that threaten to be against public policy;
10.3 Infringements of intellectual property rights such as copyrights, trademark rights and patent rights, fame, privacy, or other legal or contractual rights of Gatebox or third parties;
10.4 Posts or transmission of following expressions:(1) excessively violent expressions;(2) sexually explicit expressions;(3) expressions that amount to child pornography or child abuse(4) expressions involving discrimination based upon race, nationality, creed, sex, social status, family origin, etc.;(5) expressions that induce or encourage suicide, self-harm, drug abuse, etc.; or,(6) expressions that include antisocial contents or give a sense of displeasure to others;
10.5 Impersonation of Gatebox or third parties;
10.6 Intentional spread of false information;
10.7 Exchange Service Contents rights or benefits into cash, property or other economic benefits through means other than those provided by Gatebox;
10.8 Use of the Service for the purpose other than those that the Service assumes, including, but not limited to, acts for following purposes: (1) sales, marketing, advertisement, soliciting or other commercial purposes except for those approved by Gatebox; (2) sexual aor indecent acts; (3) dating a member of those who are not acquainted with you; (4) harassments, defamations, or disparagements; (5) religious acts or soliciting to religious organizations; and (6) provision of benefits with antisocial forces or other involvement with antisocial forces;
10.9 Wrongful collection, disclosure or provision of others' personal information, registered information, usage history, and etc.;
10.10 Acts that interfere with, or hinder operation of the Service or other users' use of the Service, including, but not limited to, following acts: (1) acts that hinder servers or network systems; (2) wrongful operation to the Service by using bots, cheat tools or other technological measures; (3) deliberate use of defects of the Service; and, (4) repetitive or improper inquires or claims to Gatebox.
10.11 Acts that induce or encourage any acts falling under any of acts in 10.1 to 10.10 above; or
10.12 Other acts that Gatebox resonably deems inappropriate.
11. Suspension, Change and Termination of the Service
11.1 Gatebox may suspend provision of the Services in case of the occurrence of any of the following:(1) where we, regularly or urgently, conduct inspections, maintenance, or construction, etc., relating to equipment used for the Service; (2) where failures of equipment used for the Service occur; (3) where national or local governments, or other public institutions, request Gatebox to suspend provision of the Service; (4) where we deem it difficult to provide the Service is difficult due to power outage, fire, earthquake, labor dispute or other force majeure; or (5) where we deem it necessary to suspend provision of the Service for operational or technical reasons.
11.2 We may change the contents of the Service without prior notification to you.
11.3 We may terminate the Service with prior publication to you.
12. Your Responsibility
12.1 You shall use the Service at your own risk, and shall be responsible for all acts and their results upon this Service.
12.2 Gatebox may take any measures that it deems reasonably necessary or appropriate, such as the deletions of the Posted Contents, the suspension of your use of the Service, and the deletions of your account of the Service in case of the occurrence of any of the following: (1) where you violate laws and regulations or these Terms; provided, however, that Gatebox is not obliged to prevent and/or rectify any such violations; (2) where you have not used the Service for one (1) year or more; (3) where you are a member of an anti-social group or have any relationship with party thereof; (4) where you tarnish Gatebox or third parties’ credibility by spreading false information, using fraudulent means or force, or other unlawful means; or (5) where the relationship of trust with you is lost or Gatebox otherwise reasonably deems it inappropriate to provide the Service to you.
12.3 If Gatebox suffers any damages (including, but not limited to, fees for attorneys) directly or indirectly due to your use of the Service, you shall immediately indemnify Gatebox for the damages upon its request.
13. No Warranty
Gatebox makes no warranties, whether express or implied, that: (i)the Service are free from errors or bugs, or defects with respect to security or any other defects; (ii) the Service has reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or security; or (iii) the Service does not infringe any third parties’ rights.
14. Gatebox Responsibility
14.1 Gatebox shall not be responsible for any damages arising from the Service experienced by you, except damages arising from attributable to the intentional or grossly negligent acts of Gatebox.
14.2 Where your damages arise from the intentional or grossly negligent acts of Gatebox, Gatebox shall be responsible only for any damages which would ordinarily arise from such acts, and shall not be responsible for damages which arise from any special circumstances, such as lost profits, loss of data, loss or interruption of business opportunities. In addition, if your damages arise from the fee-based Service, Gatebox shall be responsible only within the amount of usage fees for such Service received from you for the month in which such damage has been incurred.
14.3 In case where the agreement between you and Gatebox with respect to the Service falls under a consumer contract as defined under the Consumer Contract Act, Section 14.1 and 14.2 above shall not apply. In such case, Gatebox shall be responsible for your damages; provided, however, that this shall not apply if such damages arising not attributable to Gatebox.
14.4 Notwithstanding Section 14.3 above, where your damages arise not from the intentional or grossly negligent acts of Gatebox, Gatebox shall be responsible only for any damages which would ordinarily arise from such acts, and shall not be responsible for damages which arise from any special circumstances, such as lost profits, loss of data, loss or interruption of business opportunities. In addition, if your damages arise from the fee-based Service, Gatebox shall be responsible only within the amount of usage fees for such Service received from you for the month in which such damage has been incurred.
15. Contact
15.1 Gatebox will communicate with you regarding the Service through methods posted by Gatebox on its website or through other methods deemed appropriate by Gatebox.
15.2 You shall communicate with Gatebox regarding the Service through the contact form on the website operated by Gatebox or other methods designated by Gatebox.
16. Governing Law and Jurisdiction
If a term of these Terms and/or the Separate Terms and Conditions is deemed to violate the Consumer Contract Act or any other laws and regulations, such term, to the extent of such violation, shall not apply. In such case the other remaining terms of these Terms and/or the Separate Terms and Conditions shall not become invalid.
17. Governing Law and Jurisdiction
The governing language of these Terms shall be Japanese and the laws of Japan shall govern these Terms. Any disputes between you and Gatebox which may arise out of or in connection with the Service shall be adjudicated under the exclusive jurisdiction of the Tokyo District Court in the first instance.
End
Last Update on Mar 31, 2020