Terms of Use for Developers

These Terms of Use shall apply to all matters regarding the use of the SDK.

The conditions for using the services are stipulated in these Terms of Use and other rules, etc. provided by the Company. Regardless of their names, other terms of use, etc. shall constitute a part of these Terms of Use. If any of the provisions of these Terms of Use conflict with any of the provisions of other terms of use, etc., these Terms of Use shall prevail, unless otherwise specified by the Company.

If a developer uses Nakamap’s API and SDK (hereinafter “the SDK”), it shall be deemed to have agreed to all provisions of these Terms of Use.

These Terms of Use are written in both Japanese and English. However, if the meaning of a certain provision differs between the Japanese and English versions, the Japanese version shall prevail.

Article 1 (Purpose)

These Terms of Use stipulate the following basic conditions for a developer to develop web services and applications (hereinafter “Developer’s Applications”) which enable the SDK to be used by the developer’s end users (hereinafter “End Users”).

Article 2 (License)

The Company shall grant a developer a free-of-charge, non-exclusive license to use the SDK within the scope of these Terms of Use.

Article 3 (Ownership of Rights)

Intellectual property rights, including copyrights, on any information, trademarks, images, designs, etc. included in the SDK shall belong to the Company.

Article 4 (License Conditions)

  • 1. A developer shall agree that the Company has a right to place ads, etc. in Developer’s Applications through the SDK.
  • 2. A developer shall agree that any of these Terms of Use, etc. may be changed at the discretion of the Company.
  • 3. A developer shall state in its terms of use for its end users that it shall not take responsibility for any damage arising from the use of Developer’s Applications irrespective of the causes, and shall hold the Company harmless from disputes arising between the developer and its end users.

Article 5 (Prohibited Acts)

  • 1. A developer shall not, and shall not cause a third party to, modify, change, reverse assemble, reverse compile or reverse engineer the whole or part of the software in the SDK, including redistributable modules, which is disclosed to the developer in a form other than source code.
  • 2. A developer shall not, and shall not cause a third party to, change or remove any and all notices which are indicated or included in the SDK and which refer to patent rights, trademarks, copyrights or other intellectual property rights.
  • 3. A developer shall not use the SDK in a manner which induces users to misunderstand that the Developer’s Applications are applications of the Company or to believe that the Company recommends the Developer’s Applications.
  • 4. A developer shall be prohibited from using the SDK for the purpose of preparing applications containing any of the following:
    • ① Act which violates laws and regulations or is offensive to public order and morals;
    • ② Act which violates laws and regulations or is offensive to public order and morals;
    • ③ Act which infringes the patent right, utility model right, design right, trademark right, copyright, privacy, right of likeness, or other rights of the Company or a third party;
    • ④ Act which installs malicious, unfair or illegal source code;
    • ⑤ Act to embed computer viruses, etc. with the aim of obstructing, destroying or restricting the proper operation of software, hardware or telecommunication facilities, etc.;
    • ⑥ Act to encourage inappropriate associations, including seeking association with minors or meeting requests for association with minors;
    • ⑦ Act which imposes heavy loads on servers or networks;
    • ⑧ Act which results in inducements or transactions which are similar to multilevel marketing (multilevel distributorship, pyramid scheme, quasi-multilevel marketing); and
    • ⑨ Other act which is determined to be inappropriate by the Company.

Article 6 (Notices)

  • 1. A developer shall submit a notice informing its contact e-mail address in advance to enable the Company to contact it. Whenever such e-mail address is changed, the developer shall notify the Company.
  • 2. Notices from the Company to a developer shall be sent to the developer’s e-mail address specified in the preceding paragraph. When the Company issues a notice to a developer, the notice shall be deemed to have been delivered to the developer.
  • 3. The Company may send information on its other services, new services, etc. to the developer’s e-mail address specified in paragraph 1 of this article. If such information is not desired, please inform the Company at (info@lobi.co).

Article 7 (Scope of Guarantee and Responsibilities)

  • 1. The Company shall make no guarantee regarding the completeness, accuracy, reliability, usability, etc. of the information, etc. which is provided in connection with the SDK.
  • 2. The Company shall not take responsibility for any such damage to end users or third parties which arises in connection with the provision, delay, change, interruption, discontinuation, suspension, abolition of the SDK, or the leakage or disappearance of information, data, etc. which are sent, exchanged or accumulated through the SDK, or the infringement of rights of third parties, or in connection with the SDK.
  • 3. The Company may provide maintenance services for the SDK. Since these services are provided at the sole discretion of the Company, however, a developer’s request for maintenance services may not always be satisfied.

Article 8 (Confidentiality)

A developer shall not disclose or leak to a third party any of the confidential technical and business information which has been obtained in connection with the SDK or these Terms of Use without obtaining prior approval from the Company.

Article 9 (Damage Compensation)

Whether the statement of claim is default liability, tort liability or other legal liability, the Company shall not take responsibility for damage caused to a developer. The developer shall agree to the foregoing.

Article 10 (Suspension or Discontinuation of Services)

  • In any of the following cases, the Company may suspend or discontinue the provision of the SDK, and a developer shall agree to the foregoing in advance.
    • ①Suspension or discontinuation of services is necessary for maintenance or periodic inspection of the services.
    • ②Type I Telecommunications Carrier, etc. suspends or discontinues telecommunications services.
    • ③Emergencies, including fire, blackout, natural disaster, etc.
    • ④A computer system for providing the services fails, unauthorized access from a third party occurs, or a computer system becomes infected.
    • ⑤It is found that a developer is violating any of these Terms of Use.
  • 2. When the provision of the SDK is suspended or discontinued, the Company shall inform the developer in advance by the method designated by the Company, except in case of emergency.

Article 11 (Prohibition of Transfer of Rights and Obligations)

Without obtaining prior approval in writing from the Company, a developer shall not transfer or collateralize its status as a party to these Terms of Use and all rights and obligations under these Terms of Use.

Article 12 (Change, or Termination of Provision, of the SDK)

The Company may, at any time, add to, change, or suspend or terminate the provision of the SDK at its convenience and for any reason.

Article 13 (Revision of These Terms of Use)

Without obtaining approval from a developer, the Company may revise these Terms of Use for any causes, including management judgment or establishment, change or abolition of laws and regulations. In this case, the revised terms of use shall take effect from the time specified using the method designated by the Company.

Article 14 (Governing Law and Jurisdiction)

  • 1. These Terms of Use shall be interpreted under the laws of Japan.
  • 2. Any conflict arising between the Company and a developer shall be exclusively brought before a district court or summary court of first instance having jurisdiction over the geographical area in which the head office of the Company is located.

(Additional Clause)

These Terms of Use shall take effect from April 27, 2012.

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