Terms and Conditions
These Terms and Conditions (the “Terms”) set forth the terms and conditions for the use of FUTURE LIFE (the “Service”) and the rights and obligations between sensingnet Inc. (the “Company”) and its users. You must agree to these Terms by reading the entire Terms before using the Service.
The purpose of the Terms is to set forth the terms and conditions for the use of the Service and the rights and obligations between the Company and the Contributors (as defined below), and the Terms shall be applied to all aspects of the relationship between the Registered Users and the Company in connection with the Service.
These Terms apply to all contributors of FUTURE LIFE (hereinafter referred to as "You” or the “Contributor"). The Terms shall be applied to any relationship between the Company and the Contributors in relation with the Service.
Article 2Submission of Work
- When you submit your work (“Work”) to us, you grant us a worldwide, royalty-free, non-exclusive, sublicensable and transferable right and license (which we may also grant to affiliates and a third party) to use, copy, reproduce, process, display, distribute, publish, transmit, adapt, modify, translate, and perform derivative works (including via third parties) in any and all media or methods (now known or later developed) , of the Works and data files you upload through the site. You waive or, where that is not possible, agree not to assert, all moral rights (and all similar rights in other jurisdictions) which you have or will have now or in the future in respect of the Work.
For the avoidance of doubt, any and all rights and intellectual property of your Work belongs to the Contributor, and we do not claim ownership of any of the Work and data files you upload or post on our Services.
- Submissions and data files uploaded by other contributors may not be used for commercial purposes by other Contributors.
- You also agree that:
- this license will include the right for us to post your Work on our website, display your Work at art galleries (including our gallery “FICTION”) and other events with our partners, publish your Work in books and other media, use your Work on other activities conducted by the Company or our Group Companies. Such uses of your Work may be done with no compensation paid to you with respect to your Work that you upload to our website;
- you authorize us to report copyright infringement on your behalf to the designated agent, site owner, hosting provider or any other appropriate contact when we find your Work is infringed.
We may also use your Work for other purposes, provided however, that we will contact you and obtain your consent in such cases.
Article 3Prohibited items
- The following acts are prohibited when applying for this Service. If the Company determines that a Contributor has committed any of the following acts, the Company may, without prior notice, exclude the Contributor from the Service or temporarily remove the Contributor's posted data or Work or delete the Contributor's posted data or Work.
- Acts that interfere with the operation of this campaign
- Causing trouble, harm, damage, or discomfort to others.
- Acts that slander others or damage their honor or credibility
- Acts that infringe on the copyrights or other intellectual property rights of others
- Violation of another person's property, privacy, or portrait rights
- Provision of information, advertising or solicitation for commercial purposes
- Acts that are offensive to public order and morals
- Other acts that the Company deems inappropriate
If the Company determines that any of the aforesaid conditions applies to the Contributor, or related to Antisocial Forces (including without limitation, in any situation that the Contributor profits or benefit from antisocial forces), the Company may, without prior notice, exclude the Contributor from the Service or temporarily remove the Contributor's posted data or Work or delete the Contributor's posted data or Work.
Article 4Suspension of provision of the Service
- The Company may suspend or discontinue the Service without prior notice to the Contributor if we determine that any of the following reasons are present:
- When performing maintenance, inspection or updating of computer systems for the implementation of the Service
- If this Service becomes difficult due to force majeure such as earthquake, lightning, fire, power failure or natural disaster.
- When a computer or communication line is shut down due to an accident
- When the SNS service used for the application is interrupted or stopped
- In the event that the Company determines that it is otherwise difficult to implement this Service.
Article 5Warranty by Contributor
- The Contributor is solely responsible for the Work that you submit or transmit to the Company.
The Contributor hereby represents and warrants to the Company that it has lawful rights to post or otherwise transmit the Work and that the following statements are true, correct and accurate.
- Contributor owns, and is free and clear of any encumbrances, all the intellectual property which is necessary to the Work.
- All the intellectual property rights (including without limitation, patent rights, utility model rights, design rights, copyrights, trademarks, licenses, software, drawings and registered designs, distinctive signs, trade names, know-how, models, logos, brands, concepts, patents, domain names, and the requests and applications relating thereto, as well as any other exclusivity rights, including any other similar right provided or protected by the applicable law) in relation to the Work are valid, subsisting and enforceable, and, nothing has been done or, omitted to be done which is likely to affect adversely such validity, subsistence or enforceability, and there are facts, acts and circumstance which can prevent, delay, impair or impede such renewal.
- None of the intellectual property rights infringes upon or is in violation of any intellectual property rights of any other person or is the subject of any written notice of breach, default, termination or infringement.
- There is no written threat of judicial proceedings alleging that Contributor has infringed, or made unauthorized use of, intellectual property owned or used by a third party and there is no written communication or written claim in relation to the violation (or alleged violation) by Contributor of any intellectual property owned or used by a third party. Contributor has not received any written information on the fact that any third party has infringed or made unauthorized use of, or is currently infringing or making unauthorized use of, any intellectual property rights regarding the Work. There has been no pending or threatened (in writing) proceedings alleging that any third party has infringed or made unauthorized use of, or is currently infringing or making unauthorized use of any intellectual property rights.
- If the Company and/or Contributor receives any claims from third parties regarding the Work (including without limitation, claims that the Work infringes a third-parties intellectual property rights), such Party shall promptly notify the other Party. In the event, the Contributor will take all necessary steps to defend the Company against such claim. The Contributor shall bear all costs and expense on the defense, as well as any and all damages deriving from such claim.
Article 6Our Intellectual Property
Except for your Work, all intellectual property rights in the Service and all materials on our website including design, graphics, text, pictures, software, other files and the selection and arrangement thereof are owned by the Company and/or our licensors.
Article 7No Warranty by the Company
- THE COMPANY MAKES DOES NOT MAKE WARRANTIES, EXPRESS OR IMPLIED, (i) that the Service fits or is suitable for a particular purpose contemplated by the Contributor, (ii) that the Service has expected functions, commercial value, accuracy or usefulness, (iii) that the use by the Contributor of the Service complies with the laws and regulations or internal rules of industrial organizations that are applicable to the Contributor, or (iv) that the Service will be free of interruption or defects.
- In the event that the Company incurs any damage arising out of or in connection any actions by you, the Company may claim such damages against you, and you shall indemnify the Company for such damages, as well as any cost and expenses related to such damages (including without limitation, attorneys’ fees and cost).
Article 8Limitation of Liability
- The Company shall not be liable for any damage caused by Contributors in relation to this service. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR FUTURE DAMAGES, OR LOST PROFITS.
- The Company shall not be liable for any trouble between contributors or between contributors and third parties arising in connection with this campaign.
- The Company shall not be liable for any losses or damages suffered by the Contributors that: (i) were not reasonably foreseeable at the time you accepted these Terms (for the sake of clarity, loss or damage is reasonably foreseeable if either it is obvious at the time you accepted these Terms that it may happen, or both you and the Company knew it might happen); or (ii) are not caused by the Company breaching a term of these Terms.
- The Company will not be liable for:
- any defect or infringement on the Works;
- use of any Works displayed on our Site;
- any unauthorized access to or use of our servers or any and all personal information;
- virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Service or websites, or on any website linked to it;
- the content of websites linked on our websites; or
- third party demands, assertions, claims, suits, actions or other proceedings brought against you from other users, alleging that your Work infringes any third party’s intellectual property rights, or misappropriates a third party’s confidential information;
Article 9Changes to the Service
The Company reserves the right to change all or part of the Service, or to discontinue the provision of this Service, without prior notice to the contributor. The Company shall not be liable for any damage caused to applicants as a result of such changes or discontinuation.
The Company reserves the right to amend or change the Terms when the Company finds it necessary. In the event of any amendment or change to the Terms, the Company shall inform the effective time and content of the amended or changed Terms by posting on the Website or other appropriate way, or notify the Contributor of the same.
Article 11Handling of Personal Information
Article 12Notice or Communication
- Any communications or notices from the Registered User to the Company, including but not limited to inquiries with respect to the Service, and any communications or notices from the Company to the Registered User, including but not limited to notices concerning any amendment to the Terms shall be made in accordance with the procedures specified by the Company.
- Any communication or notice made by the Company that is addressed to the e-mail address included in the Registration Information of a Registered User shall be deemed to be received by the Registered User. If the notification or communication does not reach you due to the inadequacy of your email address or other reasons, you may not be eligible for this campaign.
- The Contributor shall not assign, transfer, grant security interests on or otherwise dispose of the rights or obligations under the Terms without the prior written consent of the Company.
- In cases where the Company transfers the business regarding the Service to a third party, the Company may, as part of such transfer, assign to the third party the Service, the rights and obligations of the Company under the Terms. The Contributor hereby agrees to such transfer in advance. The business transfer referred to above in this Paragraph shall include, in addition to the usual form of business transfer, a company split or any other form that would result in a business transfer.
If any provision of the Terms or a part thereof is held to be invalid or unenforceable under the laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.
Article 15Governing Law and Jurisdiction
- The Terms shall be governed by the laws of Japan without regard to conflict of laws principles.
- Any and all disputes arising out of or in connection with the Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan.