Term

Introduction

Thank you for downloading Lunascape product (“Software”).
The Software includes a Lunascape web browser, iLunascape browser, and all related services, including without limitation, any features, content, websites or applications created and offered from time to time by Lunascape Co., Ltd. (“Company”).

Please read through this document carefully and agree to the following Lunascape Terms of Use before using this Software. If the user activates this Software, such user will be deemed to have agreed to the Lunascape Terms of Use.

Lunascape Terms of Use

1.  Relationship between the User and the Company

1.1 When using the Software, the terms of this legal agreement will be applied to the relationship between the user and the Company.

1.2 Unless otherwise agreed in writing between the user and the Company, agreements executed between the user and the Company always include at least the terms of use indicated in these terms. Those terms are hereinafter referred to as the “General Terms.”

1.3 In addition to the General Terms, agreements executed between the user and the Company includes terms under legal notices, which will be applied to the Software. Those terms are hereinafter referred to as “Additional Terms.” When the Additional Terms are applied to the Software, the user may confirm the Additional Terms that were applied within or through the use of the Software.

1.4 As the General Terms and the Additional Terms are agreements that are legally binding on the user and the Company with respect to the use of the Software, please read the details carefully. The agreement comprised of the General Terms and the Additional Terms is hereinafter collectively referred to as these “Terms.” If there is any discrepancy between the Additional Terms and the General Terms, then the Additional Terms applied to the subject Software will prevail over the General Terms.

1.5 The user is recommended to print out or make a copy of the General Terms, and keep them before starting to use the Software.

 

2.  Agreement to these Terms

2.1 When using the Software, the user will first need to agree to these Terms. If the user cannot agree to these Terms, then he/she may not use the Software.

2.2 The user may agree to these Terms by:
(a) Clicking “Accept” or “Agree” to these Terms (if this option is available in the user interface of the subject Software);
(b) Actually using the Software. In this case, the user understands and agrees that he/she will be deemed to have accepted these Terms from the time he/she started to use the Software.

2.3 The user may neither use the Software nor accept these Terms if:
(a) The user has not reached the statutory age required to execute a binding agreement between the Company; or
(b) The user is prohibited from receiving the Software under the laws of Japan, or the laws of other countries, including a country in which the user resides or uses the Software.

 

3.  Provision of the Software by the Company

3.1 The Company’s subsidiaries (“Subsidiaries”) may provide the Software to the user on behalf of the Company. The user understands and agrees that the Subsidiaries have the right to provide the Software.

3.2 The Company is continuing to improve its services to provide the best services to the user. The user understands and agrees that the form and nature of the Software provided by the Company may be changed from time to time without prior notice. Further, the user understands and agrees that, as part of such continuous improvement of services, the Company may, at its own discretion, (perpetually or temporarily) stop providing the Software (or the Software’s functions) without any prior notice.

3.3 The user may stop using the Software at any time without informing the Company to that effect.

3.4 The user understands and agrees that if the Company nullifies the user’s access to his/her account, then the user cannot access the Software, his/her own account information, or any file or other contents included in the account, etc.

3.5 The user understands and agrees that even if the Company currently has not set a certain limit for the number of communications that the user can send or receive through the Software, or the amount of storage space that can be used to provide the Software, the Company may set a certain limit at its discretion.

 

4.  User’s Use of the Software

4.1 The user agrees to use the Software only for the purposes permitted by (a) these Terms, and (b) laws, regulations, generally accepted practices, guidelines, and the like applied in the relative jurisdictions (including laws relating to exporting data or software to and from Japan or other related countries).

4.2 Unless otherwise expressly approved under an agreement executed between the user and the Company, the user agrees not to access or attempt to access the Software by any means other than by the interface provided by the Company. In particular, the user agrees not to access or attempt to access the Software by any automatic means (including those using script or a web crawler), and to follow the instructions in the files indicated with respect to the Software. In addition, the user agrees not to perform any act that interferes with or suspends the Software (or the server or network connected to the Software).

4.3 Unless otherwise expressly approved under an agreement executed between the user and the Company, the user agrees not to sell, trade, or resell the Software for any purpose whatsoever. The user may redistribute the Software in a form that does not alter the Software, including internal proxy servers or the like, and within specific entities or organizations targeting users who have no direct access to the internet. The user agrees, however, that if the Company does not approve such redistribution, the user will stop redistributing the Software promptly after receiving notice from the Company, and will not redistribute the Software without permission thereafter.

4.4 When using a part of the Software, the user may be asked to provide his/her information such as identification or contact information as part of a registration procedure or continued use of such service. The user agrees that the information that he/she provides to the Company is always correct and updated.

4.5 The user agrees to use all the Software at his/her own responsibility, that the user will be solely responsible, and that the Company will have no responsibility whatsoever to the user or any third party, for all loss and damage that may arise as a result of using the Software (including all loss and damage that the Company may incur).

4.6 The user understands and agrees that he/she is responsible for keeping confidential any passwords relating to any accounts that he/she uses to access the Software. Further, the user agrees that he/she is solely responsible to the Company for all activities and acts that occur in his/her account, and to immediately contact the Company if the user finds any unauthorized use of his/her password or account.

 

5.  Contents of the Software

5.1 The user accepts that he/she may be held solely responsible for the transmission of content which includes all information such as data files, documents, computer software, music, audio files, and other sounds, pictures, animation, and other images that can be accessed by users as part of the Software, or through the use of the Software. Hereinafter, all the information mentioned above will be referred to as the “Contents.”

Further, unless otherwise stated, as to add-ons that can be installed on the Software and are not made by the Company, but made by a third-party entity or individual, and are introduced and provided by the Company or Mozilla for convenience, the Company does not individually assure the quality of the add-ons, and will have no responsibility for any damage incurred by the user as a result of using the add-ons. The user will need to use them at his/her own responsibility. If the user has any questions or concerns regarding the add-ons, he/she will need to contact the relevant creator.

5.2 The user accepts that the Contents (including, but not limited to, the Contents with advertisements and sponsors within the Software) provided as part of the Software may be protected by intellectual property rights owned by a sponsor or advertiser providing the Contents to the Company, or an individual or company acting on behalf of such sponsor or advertiser. The user may not modify, lend, lease, loan, sell, or distribute the Contents, or create a secondary work based on all or part of the Contents. This does not apply, however, if expressly permitted by the Company or the owner of the Contents in a separate agreement.

5.3 The user accepts that, by using the Software, he/she might be exposed to the Contents that he/she believes to be uncomfortable, obscene, or objectionable, and that with respect to this, he/she will use the Software at his/her own risk.

5.4 The user agrees that he/she is solely responsible (and that the Company is not responsible to the user or any third party) for any loss or damage that arises as a result of the Contents created, sent, or displayed by the user, or through the actions of the user, in the course of using the Software (including loss or damage that may be incurred by the Company).

5.5 The Company has the right to screen, investigate, set a flag, filter, reject, or delete beforehand all or part of the Software’s Contents. Part of the Software may provide tools for excluding sexually explicit content, which includes inappropriate expressions.

 

6.  Proprietary Rights

6.1 The user understands and agrees that the Company (or the Company’s licensors) owns all legal rights, authority, and interests in the Software (including all intellectual property rights relating to the Software, regardless of whether the rights are registered, and regardless of the place in which the rights exist). Further, the user agrees that the Software might include information designated as confidential by the Company, and that he/she must not disclose such information without the Company’s prior written consent.

6.2 The Company understands and agrees that it will not obtain from the user or the user’s licensors under these Terms, any right or ownership to the Contents submitted, posted, sent, or displayed by the user by or through the Software, including intellectual property rights that exist in the Contents, regardless of whether the rights are registered, and regardless of the place in which the rights exist. Unless otherwise agreed in writing between the user and the Company, the user agrees that he/she is responsible to protect and enforce the rights, and that the Company will not be responsible to perform those acts on behalf of the user.

6.3 The user agrees that he/she will not delete, alter, or conceal notices concerning the Software or proprietary rights relating to or included in the Software (including notices for copyrights and trademarks). Unless the Company expressly authorizes the user in writing, the user agrees not to use trademarks, service marks, trade names, and logos of any companies or organizations in a way that may cause confusion with respect to their owners while using the Software.

6.4 Unless agreed in writing between the user and the Company, nothing in these Terms grants the user any right to use the Company’s trade names, trademarks, service marks, logos, domain names, or other distinguishable brand characteristics (collectively, the “Lunascape Brand”).

6.5 If the user is granted an explicit right to use any of the Lunascape Brand in a separate written agreement between the user and the Company, the user agrees that his/her use of the Lunascape Brand will comply with such agreement, applicable terms and conditions of these Terms, and the Lunascape Brand Usage Guidelines, which will be updated from time to time. The above guidelines may be available at http://www/lunascape.tv/ (or other URLs provided by the Company from time to time for such purpose).

 

7.  License

7.1 The Company grants to the user free of charge, a nonassignable and nonexclusive universal individual and company license, to use the Software for the purpose of enabling the user to use the Software by a method permitted under these Terms, and to benefit from such use.

7.2 The user must not copy, modify, create a secondary work, reverse-engineer, or decompile the Software or any part of the Software, attempt to extract its source code by other means, or permit any third party to conduct such act. This does not apply, however, if such act is expressly permitted or required under laws, or the user is expressly permitted by the Company in writing to conduct such act.

7.3 Unless expressly permitted by the Company in writing, the user may not assign (or sublicense) his/her right to use the Software, furnish security for the right to use the Software, or transfer part of the right to use the Software.

7.4 The user will own the copyrights and other rights that are already obtained by the user with respect to the content that the user submits, posts or displays by or through the Software.

 

8.  Software Update

8.1 The Software may be updated by automatically downloading update data or programs from the Company from time to time. These updates are implemented to improve, strengthen, and further develop the Software, and may take the form of debugging programs, extended function programs, new software modules, or comprise an entirely new version of the Software. The user agrees to receive the above-mentioned updates as part of his/her own use of the Software (and to permit the Company to provide the user with the above-mentioned data or programs).

 

9.  Termination of Relationship between the User and the Company

9.1 These Terms apply until either the user or the Company terminates their relationship by any of the methods set forth below.

9.2 The user may cancel the legal agreement executed between the user and the Company by (a) notifying the Company in writing at any given point in time by sending such notice to the Company’s address, or (b) closing all the accounts of services the user is using (if the Company has made this option available to the user).

9.3 The Company has a right to terminate the legal agreement executed between the user and the Company any time if:
(a) The user breaches any of the provisions of these Terms (or acts in a way that clearly shows the user has no intention to follow, or the user cannot follow the provisions of these Terms);
(b) The Company has an obligation under law to terminate the agreement (e.g., if the provision of the Software to the user is illegal or constitutes an illegal act);
(c) A business partner that was providing the Software to the user together with the Company terminates its relationship with the Company, or stops providing the Software to the user.
(d) The Company is shifting to stop providing the Software to users of a country in which the user resides or is using the service;
(e) The Company deems that it is commercially impracticable to provide the Software to the user; or
(f) The Company otherwise determines that it should terminate the legal agreement executed between the user and the Company.

9.4 Nothing in this Article affects the Company’s right to provide the Software under Article 3 of these Terms.

9.5 Upon termination of these Terms, all legal rights, obligations, and liabilities from which the user and the Company have benefited, and which were applicable to the Company and the user (or arose in the course of the time during which these Terms were in effect), or which were clearly specified to continue for an indefinite period, will not be affected by the termination mentioned above, and the provisions of Article 17.7 will continue to be applied to the above-mentioned rights, obligations, and liabilities for an indefinite period.

 

10.  Exclusion of Warranties

10.1 Nothing (including this Article and Article 11) in these Terms will exclude or limit the Company’s warranty or liability against loss that cannot be lawfully excluded or limited under applicable law. Further, some jurisdictions do not allow for the limitation or exemption of liability for damages for the loss or damage attributable to an exemption of specific warranty or provision, negligence, contractual default, breach of implied terms, or for incidental or indirect damage. Accordingly, limitations that are lawful in the user’s jurisdiction will only be applied, and the Company’s liability will be limited to the fullest extent permitted by law.

10.2 The user expressly understands and agrees that the user will solely bear the risk arising from the use of the Software, and that the Software is being provided on an “as-is basis” and “within the scope available.”

10.3 The Company, its Subsidiaries, and its licensors neither represent nor warrant that:
(a) The user’s needs will be satisfied by using the Software;
(b) There will be no interruption while using the Software, and that the Software will be timely, safe and cause no errors;
(c) The information obtained as a result of using the Software is accurate or reliable; or
(d) Any operational or functional defect in the Software provided to the user as part of the Software will be corrected.

10.4 Any downloads conducted through the use of the Software or any acquisition by other means will be performed at the user’s own discretion and risk, and the user will be solely responsible for any damage or data loss in the user’s computer system or other equipment that results from such downloading or acquisition.

10.5 No oral or written advice or information that the user obtained from the Company or through the Software will make any warranty that is not expressly set forth in these Terms.

10.6 The Company expressly denies all warranties and conditions of any type, express or implied, (including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.)

 

11.  Limitation of Liability

11.1 Subject to the provisions in Article 10.1, the user understands and agrees that the Company, its Subsidiaries, and its licensors are not liable to the user for:
(a) Direct, indirect, incidental, special, consequential or punitive damages incurred by the user because of some cause of action or under a warranty theory. These damages include loss of profit (whether direct or indirect), loss of business trust or reputation, damage caused by data loss, procurement cost of substitute goods or services, or any other intangible loss, etc.; or
(b) Loss or damage incurred by the user, including:
(i) Loss or damage attributable to the fact that the user relied on the integrity, accuracy, or existence of any advertisement, or attributable to the relationship or transaction between the user and the advertiser or sponsor of the advertisement posted on the Software;
(ii) Loss or damage attributable to a change made to the Software by the Company, or attributable to the perpetual or temporary suspension of the provision of the Software (or any function within the scope of the Software);
(iii) Loss or damage attributable to the deletion, damage or storage failure of the Contents or other communication data that the user preserved, sent using, or sent through the use of, the Software;
(iv) Loss or damage attributable to the fact that the user failed to submit accurate account information to the Company; or
(v) Loss or damage attributable to the fact that the user failed to protect or keep confidential his/her own password or account details.

11.2 The Company’s limitation of liability to users mentioned in the preceding Paragraph will apply regardless of whether the user was notified of the possibility of the relevant loss, or whether the Company should have acknowledged such a possibility.

 

12.  Advertisements

12.1 Some of the services provided by the Software are supported by advertisement revenue, and therefore advertisements or promotional programs may be displayed while the Software is being used. These advertisements may be aimed at the content of the information saved on the Software, a query performed through the Software, or other information.

12.2 The user agrees that, in consideration for the Company’s granting to him/her the right to access and use the Software, the Company may run advertisements such as those mentioned above on the Software, and that the style, form, and scope of the advertisements run by the Company on the Software may be changed without any notice to the users.

 

13.  Other Contents and Third Party Services

13.1 The Software may include other websites, contents, or hyperlinks to resources. The Company may not have any administrative control authority with respect to the above-mentioned information sources since they are provided by companies or individuals other than the Company.

13.2 The user understands and agrees that the Company is not responsible for the availability of the above-mentioned information sources, and that the Company will not warrant any advertisements, products, or anything else that is on or is available from the websites or information sources mentioned above. Furthermore, the user understands and agrees that the Company will not be responsible for any loss or damage incurred by the user that is attributable to the availability of the above-mentioned information sources, or attributable to the fact that the user relied upon the integrity, accuracy, or existence of advertisements, services, products or anything else that is on or available from the websites or information sources mentioned above.

13.3 The user may enable various online services to be directly integrated into the Software. To take advantage of such services, the Company may ask him/her to register for or log into the services on the websites of their respective providers. By enabling third party services within the Software, the user is allowing the Company to pass his/her log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and the Company’s use, storage, and disclosure of information related to the user and his/her use of such services within the Software, please refer to Privacy Policy. However, please note that the manner in which third party services use, store, and disclose the user’s information is governed solely by the policies of such third parties, and the Company shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Software.

 

14.  Privacy and Personal Information

14.1 Please view the Company’s privacy policy at http://www.lunascape.tv/ for the Company’s approach to information protection.

14.2 The user agrees that the personal information that he/she provides may be used in compliance with the Company’s privacy policy.

 

15.  Language of these Terms

15.1 If the Company provides a translation of these Terms, such translation is for the sole purpose of the user’s convenience, and the user agrees that the Japanese version of these Terms applies to the relationship between the user and the Company, and that, if any difference or discrepancy arises with respect to the Japanese version and the translated version of these Terms, the Japanese version prevails.

 

16.  Changes to these Terms

16.1 The Company might change from time to time the General Terms and the Additional Terms. When changing the General Terms or the Additional Terms, the Company will create a new version of the General Terms, and make them available at http://www.lunascape.tv/, or make the Additional Terms available in or through the affected Software.

16.2 The user understands and agrees that if he/she uses the Software after the moment at which the General Terms or the Additional Terms are changed, then the Company will deem that the user has accepted the updated General Terms or Additional Terms by such use.

 

17.  General Legal Terms and Conditions

17.1 As a result of, or through the use of, the Software, the user might use a service, download software, or purchase goods provided by another individual or company. In the event of the use of such other service, software, or goods, separate contract terms may apply to such use and new obligations and rights might arise between the user and such other company or individual. In this case, these Terms will not affect the legal relationship between the user and such other company or individual.

17.2 These Terms constitute the entire legal agreement between the user and the Company, set forth the user’s permissible use of the Software (excluding, however, services that the Company provides to the user based on a separate written agreement), and entirely supersede any prior agreements regarding the Software between the user and the Company.

17.3 The user agrees that the Company may send to the user notices (including notices on changes to these Terms) with respect to the Software by sending e-mails or posts, or posting it on the Software.

17.4 The user agrees that even if the Company fails to exercise or enforce any of its legal rights or remedies as specified in these Terms (or in which the user has an interest under the applicable law), the Company will not be deemed to have waived its rights, and that such rights and remedies will continue to be available to the Company in all respects.

17.5 If a court of competent jurisdiction rules that any terms or conditions contained in these Terms are invalid, such ruling will not affect the remaining terms and conditions contained in these Terms, and only such term as adjudicated as being invalid will be deleted from these Terms. The remaining terms and conditions contained in these Terms will remain in full effect and be completely enforceable.

17.6 The user understands and agrees that every member of the group of companies of which the Company is a parent company is a third-party beneficiary of these Terms, and, therefore, that those other companies have the right to directly implement or apply the terms and conditions contained in these Terms that are advantageous to them. Except as those mentioned above, no other individual or company is a third-party beneficiary to these Terms.

17.7 These Terms, and the relationship between the user and the Company under these Terms, will be governed by the laws of Japan without regard to its conflict of laws principles. The user and the Company hereby grant the Tokyo courts exclusive jurisdiction when resolving any legal matters arising out of these Terms. In addition, and notwithstanding the aforementioned provisions, the user agrees that the Company may seek provisional disposition and injunctive relief (or any similar urgent legal relief) in any jurisdiction.

For Terms of Service that is specific to Online Sync, please refer to About Online Sync.

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