MYBEACON ADMINISTRATOR PORTAL
Terms of use
v.1.2
Effective Date: May 26, 2014; revised June 11, 2014
Your acceptance of these Terms is required in order for you to access and use the Site and its Services, and by registering on, or by using our Site or Services, you are entering into a legally binding agreement with AIP. Please read these Terms carefully. If you do not agree to these Terms, you cannot use the Services or access the Site. We provide the Services subject to your acceptance and ongoing compliance with these Terms. We reserve the right at our discretion to modify these Terms periodically. We will notify you of such changes via an email sent to the email address we have on file for you or via other notification mechanisms. We may require your assent to the modified terms as a condition of your continued access to the Services. Your continued use of the Services after the effective date of such modifications indicates your acceptance to the modified Terms. If you breach any of these Terms, your permission to use the Services and access the Site automatically terminates, unless such breach is waived by us in writing in our sole discretion.
You must be 18 years of age or older in order to use the Services. All use of the Services is for your Personal Use only.
You acknowledge that use of the Services requires connection to, and data transfers over, the network and therefore may impact your data usage charges imposed by your wireless operator or other service provider. It is your responsibility to obtain at your cost all equipment, software and Internet access necessary to use the Services.
DEFINED TERMS
"AIP": Aplix IP Holdings Corporation, organized under the laws of Japan. In these Terms, AIP is referred to by “us”, “we” or “our”, as applicable.
"Content": documents, photos, videos, audio, images, graphics, text, and any other information or data accessible via use of the Site or delivered as part of the Services, including any of the foregoing that we may make available to you from time to time for a separate fee ("Paid Content").
"Events": certain AIP developer conferences, technical talks, and other events (including online events).
"Personal Use": internal or personal use in furtherance of your own business or personal interests and not for the interests or benefit of another person or entity.
"Services": the MyBeacon management and administration functionality enabling you to be a MyBeacon administrator, and other services, features, functionality, Events and Content accessible via use of the Site, as may be modified by us from time-to-time.
"Site": the MyBeacon administrator portal available at https://account.mybeaconid.com/login and any web pages that are a part of https://account.mybeaconid.com/login.
"Terms": these MyBeacon Administrator Portal Terms of Use, as of the Effective Date stated above and as modified from time to time.
"You" or "your": the individual using the Site and Services, or clicking "accept" or "agree" where indicated, and thereby becoming bound by these Terms, and the company or other legal entity represented by such individual, and all affiliates thereto, also being bound by these Terms.
1.0 LICENSED RIGHTS TO THE SITE, SERVICES AND CONTENT
1.1 License to You. Subject to your compliance with these Terms, we hereby grant to you a non-exclusive, non-transferable, worldwide right and license to use the Services, access the Site, and use Content, solely and exclusively for your Personal Use. You may not sublicense, sell access, resell, transfer, distribute, make derivative works of, monetize or commercially exploit or make available, the Content, Site or Services in whole or in part. You may use the Services solely in connection with MyBeacon products sold exclusively by AIP. You may not use the Site or Services via any automated means, such as with a web crawler or other script or program.
1.2 License to Us. You hereby grant to us the perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, create derivative works of, and distribute Content you provide via the Site for purposes of providing, developing, improving, promoting and marketing the Services. Further, you agree that we are free to use and implement in perpetuity without compensation, attribution or obligation to you any feedback, benchmarks, requirements, suggestions, criticisms, improvements, recommendations, ideas, and error corrections provided by you to us relating to the Site, Services, Content, or our other products or services.
1.3 Scope of License. No other right or license to the Content, the Site or the Services is provided, and no other license shall be implied, by course of conduct or otherwise. You retain all right, title and interest in and to your Content, and all associated intellectual property rights, subject to these Terms. We retain all right, title and interest in and to the Site, Services, our Content, and all associated intellectual property rights. Except as expressly authorized by these Terms, you will not use, reproduce, or distribute Content contributed by others or us. You may not access the Site or use the Services or Content: (a) if you are a direct competitor of us or operating on behalf of such a direct competitor; or (b) for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes.
2.0 CONFIDENTIALITY
2.1 AIP Confidential Information. You agree that any AIP pre-release software and/or hardware (including related documentation and materials) provided to you in furtherance of your role as a MyBeacon administrator ("Pre-Release Materials"), Paid Content, and any information disclosed by AIP to you in connection with Events or Paid Content, will be considered and referred to as "AIP Confidential Information". Notwithstanding the foregoing, AIP Confidential Information will not include: (a) information that is generally and legitimately available to the public through no fault or breach of yours, (b) information that is generally made available to the public by AIP, (c) information that is independently developed by you without the use of any AIP Confidential Information, (d) information that was rightfully obtained from a third party who had the right to transfer or disclose it to you without limitation, or (e) any third party software and/or documentation provided to you by AIP and accompanied by licensing terms that do not impose confidentiality obligations on the use or disclosure of such software and/or documentation.
2.2 Duty of Non-Disclosure. Unless otherwise expressly agreed or permitted in writing by us, you agree not to disclose, publish, or disseminate any AIP Confidential Information to anyone other than to other MyBeacon administrators and then only to the extent that AIP does not otherwise prohibit such disclosure. Except for your authorized purposes as a MyBeacon administrator or as otherwise expressly agreed or permitted by us in writing, you agree not to use AIP Confidential Information in any way, including, without limitation, for your own or any third party's benefit without the prior written approval of an authorized representative of AIP in each instance. You further agree to take reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of AIP Confidential Information. You acknowledge that unauthorized disclosure or use of AIP Confidential Information could cause irreparable harm and significant injury to us that may be difficult to ascertain. Accordingly, you agree that we will have the right to seek immediate injunctive relief to enforce your obligations under this Agreement in addition to any other rights and remedies we may have. If you are required by law, regulation or pursuant to the valid binding order of a court of competent jurisdiction to disclose AIP Confidential Information, you may make such disclosure, but only if you have first notified AIP before making such disclosure and have used commercially reasonable efforts to limit the disclosure and to seek confidential, protective treatment of such information. A disclosure pursuant to the previous sentence will not relieve you of your obligations to hold such information as AIP Confidential Information.
2.3 Pre-Release Materials. You agree not to use the Pre-Release Materials for any purpose other than testing and/or development. These Terms do not grant you any right or license to incorporate or make use of any AIP intellectual property (including for example and without limitation, trade secrets, patents, copyrights, trademarks and industrial designs) in any product. Except as expressly set forth herein, no other rights or licenses are granted or to be implied under any AIP intellectual property. You agree not to decompile, reverse engineer, disassemble, or otherwise reduce the Pre-Release Materials to a human-perceivable form, and you will not modify, network, rent, lease, transmit, sell, or loan the Pre-Release Materials in whole or in part.
2.4 Paid Content. Paid Content will be considered AIP Confidential Information, unless otherwise agreed or permitted in writing by us. You may not share the Paid Content with anyone, including, without limitation, employees and contractors working for the same entity as you, regardless of whether they are MyBeacon administrators. Subject to these terms and conditions, AIP grants you a personal and non-transferable license to access and use the Paid Content for authorized purposes as a MyBeacon administrator; provided that you may only download one copy of the Paid Content and such download must be completed within the time period specified by us for such download. Except as expressly permitted by us, you will not modify, translate, reproduce, distribute, or create derivative works of the Paid Content or any part thereof. You shall not rent, lease, loan, sell, sublicense, assign or otherwise transfer any rights in the Paid Content. We and/or our licensor(s) retain ownership of the Paid Content itself and any copies or portions thereof.
3.0 RESPONSIBILITY FOR CONTENT, THIRD PARTY RESOURCES
3.1 Proper Use of Content. You are solely responsible for all Content, whether publicly posted on or privately transmitted via the Site, that you contribute, initiate or cause to display, and we have no responsibility for such Content. You agree not to transmit Content or otherwise conduct or participate in any activities on the Site and/or any Service which, in our sole judgment, is likely to be prohibited by law or breach of third party rights in any applicable jurisdiction, including, without limitation, laws governing libel and defamation, encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is hateful, offensive, libelous, defamatory, obscene, abusive, pornographic, lewd, erroneous, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise breach any applicable local, state, national, or foreign law or regulation; (c) constitutes infringement of the intellectual property rights of any party; (d) creates an impression that is incorrect, misleading, or deceptive, including, without limitation, by impersonating others or otherwise misrepresenting your identity or affiliation with a person or entity; and (e) publish or post other people's private or personally identifiable information without their express authorization and permission. You represent and warrant that all Content you submit is accurate and not misleading to the best of your knowledge, is not confidential, and is not in breach of third party rights. We may, in our sole discretion, terminate, degrade or slow down the Services, including as to any Content, or otherwise block the use or disclosure of Content, if we believe in our sole judgment that your use of the Site and Services, or your Content, is not in compliance with these Terms. We may preserve and disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or safety of AIP, other users, and/or the public.
3.2 Liability for Content. You may be, by using any Service, exposed to Content that is offensive, indecent, objectionable, false or erroneous. You must evaluate, and shall bear all risks associated with, the use of any Content, including any reliance on the quality, integrity, accuracy, completeness, or usefulness of such Content. We may refuse or delete any Content of which we become aware that fails to fulfill the purpose of the Services, is in breach of these Terms, is otherwise contrary to law, or is otherwise inappropriate in our discretion. We do not guarantee the accuracy, integrity or quality of any Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content. We shall have no obligation to license Content, protect and maintain Content owners' intellectual property rights, or to enforce these Terms. You hereby waive and release any claims you may have against us arising or resulting from use or misuse of your Content, failure to comply with these Terms, or for any act, omission, or conduct of any others via use of the Site.
3.3 Third-Party Resources. Mention of third parties and third party products in any materials, advertising, promotions or coupons provided to you is for informational purposes only and constitutes neither an endorsement nor a recommendation. That we may provide via the Services certain third party software, services, information or data (“Third-Party Resources") will not be construed as an endorsement, sponsorship, or affiliation by us. Third-Party Resources may be accompanied by their own licensing terms, in which case such terms will govern your use of that particular Third Party Resource. We will have no responsibility with regard to the selection, performance, or use of Third Party Resources. We are not responsible or liable for the availability of such Third-Party Resources or the content, advertising, products or other materials on such Third-Party Resources. We will not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered in connection with Third-Party Resources. Your access and use of Third-Party Resources, including information, material, products and services therein, is solely at your own risk. We recommend you read any terms of license, use and/or privacy policies applicable to such Third Party Resources.
4.0 REGISTRATION DATA AND SIGN-ON CREDENTIALS
4.1 Registration Data. You shall provide true, accurate, current and complete information on the Service's registration form if any ("Registration Data") and maintain and promptly update the Registration Data as necessary. Unless otherwise agreed or permitted by us in writing, you cannot share or transfer any benefits you receive from us in connection with being a MyBeacon administrator. If, after investigation, we have reasonable grounds to suspect that any Registration Data is untrue, inaccurate, not current or incomplete, we may suspend or terminate the applicable account and prohibit any and all current or future use of the Services (or any portion thereof) via that account. We handle Registration Data in accordance with the AIP Privacy Policy accessible at http://www.aplix-ip.com/privacypolicy/. The Privacy Policy is applicable only when you are on the Site.
4.2 Sign-On Credentials. When creating an account, you will receive or will be permitted to create online ID/user name and password information ("Sign-On Credentials") upon completing the registration process, and are wholly responsible for maintaining the confidentiality of, and for all activities occurring under, such Sign-On Credentials. You will not transfer to any party your Sign-On Credentials, or use the Sign-On Credentials of another, without our prior written consent. You will immediately notify us at mybeacon-support@aplix.co.jp of any unauthorized use of Sign-On Credentials or any other breach of security. We will not be liable for any loss or damage arising from failure to comply with this section or from unauthorized use of the Sign-On Credentials.
5.0 SITE INTEGRITY
5.1 Prohibited Activity. You shall not use the Site in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any use and enjoyment of the Site and Services, including falsifying or altering Content posted by others, except via normal and intended operation of the Services. You may not attempt to gain unauthorized access to other accounts, computer systems or networks connected to any of our servers or to any of the Services, through hacking, password mining or any other means, or exploit bugs or vulnerabilities in the Site or Services. You are prohibited from breaching or attempting to breach any security features of the Site and the Services, including, without limitation: (a) accessing Content not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with Services, user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or the Services to send unsolicited e-mail or messages, including, without limitation, promotions or advertisements for products or services; (e) publishing or linking to malicious content intended to damage or disrupt a browser or computer or to compromise privacy or anonymity; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; (g) accessing or tampering with non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (h) accessing or searching or attempting to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with us; (i) deep link to the Site for any purpose (ie, posting a link to a web page on the Site other than the home page); (j) aggregating Content in whole or in part with data, content, or information available from other websites or services; (k) removing or obscuring any form of advertising on the Site; or (l) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site or the Services except that, if you are a European resident, subject to your compliance with these Terms, you may decompile any computer software component of the Site or the Services that we make available to you for your use only to the extent permitted by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with such component or with another program and such information has not been provided by or is not available from us or elsewhere.
5.2 Data Scraping or Mining; Harvesting. You will not engage in harvesting or other unauthorized collection of information, including attempting to recover personal information. You agree not to “crawl” the Site or use or launch any automated system, including without limitation, "robots", "spiders", etc. that accesses the Site or Services, or pulls Content from the Site, including in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using conventional on-line web browsers.
5.3 No Automated Means. You will not use the features, services and functionality of the Site and Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using conventional on-line web browsers, except as we may otherwise agree in a separate written agreement.
5.4 Public Means of Access. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services on the Site. The Site and all Services on it are for your Personal Use only. Except in furtherance of your Personal Use, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content. Without limiting the generality of the foregoing, you shall not publish, distribute or transmit to the general public via any medium, whether via print, online, or otherwise, the Content or Services, except as otherwise authorized by us, and you shall not engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site. You shall not remove any copyright, trademark or other proprietary rights notices contained in or on the Site, including ours and our licensors’.
5.5 Backup; Use of Data. While we will endeavor to back up Site data and make such data available in the event of loss or deletion, we have no responsibility or liability for the deletion or failure to store any Content. We reserve the right to mark as "inactive" and archive accounts. Further, you acknowledge that we may monitor and collect information (including but not limited to technical and diagnostic information) about your usage of the Services in order to improve the Services and to verify compliance with these Terms.
5.6 Notice Requirement. If you believe that you are entitled or obligated to act contrary to these Terms under any mandatory or applicable law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you so act, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
5.7 Notifications. For purposes of service messages and notices about the Services to you, we may place a banner notice across Site pages to alert you to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you in relation to your account and otherwise in relation to these Terms through your account or through other contact information which you have provided to us, including email, mobile number, telephone, or delivery services including, but not limited to, the postal service. You acknowledge and agree that we will have no liability, including, but not limited to, for your failure to receive critical information about the Services associated with or arising from your failure to maintain accurate contact or other information.
5.8 Inherent Risks. Because no online system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured, you accept security risks associated with your use of the Site, the Services and the Content, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
6.0 DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
6.1 USE OF THE SITE AND SERVICES IS AT your SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND we ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, or MIS-DELIVERY of, OR FAILURE TO STORE OR DISPLAY ANY, content or services. to the MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title AND NON-INFRINGEMENT. Specifically, we make no warranty that (a) the Site or any Service will meet your requirements, goals or needs, (b) Site or Services access will be uninterrupted, timely, secure or error-free, or (c) any errors or deficiencies will be corrected. Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt Services or access to the Site.
6.2 EXCLUDING ONLY DAMAGES ARISING OUT OF GROSS NEGLIGENCE OR intentional tortious conduct, our LIABILITY FOR OUR FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, OR ANY OTHER LOSS FOR WHICH WE CANNOT LAWFULLY EXCLUDE LIABILITY, we SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF we HAve BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), arising out of RESULTING FROM the provision or failure to deliver services, ANY USE OR INABILITY TO USE the content, site OR ANY SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF a content; third party resources or STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON the site OR ANY SERVICE; OR ANY OTHER MATTER RELATING TO US, the site, content OR ANY SERVICE. EXCLUDING ONLY our LIABILITY FOR our fraud, DEATH OR PERSONAL INJURY CAUSED BY OUR GROSS NEGLIGENCE OR ANY OTHER LOSS FOR WHICH WE CANNOT LAWFULLY limit LIABILITY, OUR MAXIMUM AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE FOR ANY CAUSE, LOSS OR LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES OR THE SITE IS LIMITED TO $10. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6.3 You agree to defend, indemnify (ie compensate in full), release and hold harmless us, our suppliers, and all officers, directors, employees, consultants, agents, and representatives of any of the foregoing (collectively "Protected Parties") in full from and against any and all claims (including third party claims), losses, liability, damages, and/or costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with: (a) your unauthorized access to, or use of, the Content, Site or Services, (b) your breach of these Terms, (c) your use of Content or conduct engendered thereby, and any activities you conduct on or through the Site, or (d) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Further, in the event you have a dispute with any third party, you hereby release the Protected Parties from claims, demands and damages (actual, direct and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, foreseeable and unforeseeable, arising out of or in any way connected with such disputes.
FOR CALIFORNIA RESIDENTS: You further agree that these Terms waive and release any claims that would otherwise be preserved by operation of section 1542 of the California Civil Code, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her must have materially affected his or her settlement with the debtor. You understand that you are releasing us from all claims, whether known or unknown to you, and whether or not you suspect that those claims may exist at this time.
7.0 GENERAL PROVISIONS
7.1 Service Discontinuance. We may from time to time modify or discontinue, temporarily or permanently, access to the Site or any Service thereon (or any part, feature, or functionality thereof). We shall not be liable for any such modification, suspension or discontinuance.
7.2 Account & Service Termination. We may terminate our contract with you under these Terms for cause, including for: (a) your breach of these Terms; (b) your abuse of Site resources or any attempt to gain unauthorized entry to the Site or Services; (c) your use of the Site or any Service in a manner inconsistent with the purpose of the Services. We may terminate our contract with you under these Terms at will: (d) on your request for such termination; and (e) for requirements of applicable law, regulation, court or governing agency order. We may in addition terminate the availability of the Site and Services for our own business reasons, including if we elect to cease being in the business of providing the Services. We will not be liable for any termination of our contract with you under these Terms and/or your access to the Site or Services. After any such termination, you shall not attempt to register a new account without our permission.
7.3 US Government Restricted Rights. Services are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Services and related materials by the U.S. Government constitutes acknowledgment of our proprietary rights in same. Certain AIP Confidential Information may be considered "Commercial Items", as that term is defined at 48 C.F.R. S2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. S12.212 or 48 C.F.R. S227.7202, as applicable. Consistent with 48 C.F.R. S12.212 or 48 C.F.R. S227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights are reserved under copyright law.
7.4 Trademarks. You are granted no right, title or license to any third party trademarks by these Terms, or to any of our trademarks or servicemarks except as expressly set forth in these Terms. We reserve all right, title and interest in and to our trademarks, servicemarks, trade names, domain names, and similar identifiers ("Marks"). If we provide permission to you for the use of our Marks, such permission must be in writing, and will be subject to your compliance with our then-current trademark and logo usage guidelines, to be provided separately upon request. You shall not: (a) challenge our ownership or use of the Marks; (b) attempt to register any Marks; or (c) incorporate any Marks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations. Any and all use of the Marks by or for you inures to our benefit. If you acquire any rights in any Marks by operation of law or otherwise, you will immediately and at no expense to us, assign such rights to us along with any associated goodwill, applications and registrations.
7.5 US DMCA. If you believe that your work has been copied and is accessible on Site in a way that constitutes copyright infringement in the United States of America, you may notify us by providing our copyright agent with the following in writing:
a) identification of the copyrighted work that you claim has been infringed;
b) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
c) your name, address, telephone number, and email address;
d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
e) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
The above writing must be electronically or physically signed by you. If we receive such a claim, we may refuse or delete Content as described under this section, or terminate access in accordance with these Terms. Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 (DMCA Agent) can be contacted via email sent to mybeacon-dmca@aplix.co.jp. We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion.
7.6 Governing Law. These Terms, the Services, the Site and Content, and any disputes related to or concerning any of the foregoing (including tort as well as contract claims, and whether pre-contractual or extra-contractual) shall be governed by the laws of California and controlling US law. The choice of law rules of any jurisdiction shall not apply and shall not be invoked in any proceeding between the parties. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Services, the Site or Content must be filed within one year after such claim or cause of action arose, or be forever barred.
7.7 Dispute Resolution. Any disputes between or claims brought by you or us arising out of or related to these Terms, the Services, the Site or Content (including tort as well as contract claims, and whether pre-contractual or extra-contractual, as well as the arbitrability of any disputes) will be referred to and finally settled by binding arbitration before the International Court of Arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce ("ICC") in effect at the time of arbitration except as inconsistent with this section. The arbitration shall be conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required by the arbitrator. If in-person appearance is required, such hearings shall be held in San Francisco, California. The arbitrator shall apply the law specified in section 7.6 above. All awards may if necessary be enforced by any court having jurisdiction. The existence of any dispute, the existence or details of the arbitration proceeding, and all related documents, materials, evidence, judgments and awards therein, shall be kept confidential. Except as required by law, no party shall make any public announcements with respect to the proceeding or the award, except as required to enforce same. You and we agree that by agreeing to these Terms, the parties hereby waive the right to a trial by jury and agree to only bring claims in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Notwithstanding the foregoing, nothing in this section shall preclude the right and ability to file and maintain at any time an action for recovery of injunctive or provisional relief in any court of competent jurisdiction under the laws applicable thereto. All claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using arbitration in accordance with this section. Should either party file an action contrary to this section, the other party may recover lawyers' fees and costs, provided that the party seeking the award has notified the other party in writing of the improperly filed claim, and the other party has failed to withdraw the claim in a timely manner.
7.8 Assignment. These Terms may not be assigned, delegated, or transferred by you, in whole or in part, whether voluntarily, involuntarily, by merger, consolidation, dissolution, sale of assets, or otherwise, without our prior written consent. Any such purported assignment, delegation or transfer without such written consent shall be void. We may at any time assign these Terms without prior consent or notice. These Terms shall be binding on, and inure to the benefit of, the parties and their respective and permitted successors and assigns.
7.9 Injunctive Relief. You acknowledge and agree that breach of these Terms, or any unauthorized use, disclosure or distribution of the Content, may cause irreparable harm to us, the extent of which would be difficult to ascertain, and that we will be entitled to seek immediate injunctive relief (in addition to any other available remedies), in any court of competent jurisdiction under the applicable laws thereto.
7.10 Export Control. You may not use or otherwise export or re-export any AIP Confidential Information except as authorized by United States law and the laws of the jurisdiction(s) in which the AIP Confidential Information was obtained. In particular, but without limitation, AIP Confidential Information may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use any AIP Confidential Information for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, chemical or biological weapons.
7.11 Miscellaneous. The Terms constitute the entire agreement between you and us and govern use of the Site and Services, superseding any prior agreements. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No waiver of any provision of these Terms shall be deemed a further waiver or continuing waiver or such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between us and any user or other person or entity, nor do these terms extend rights to any third party. The parties hereto confirm that they have requested that this Agreement and all attachments and related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais.
END OF TERMS OF USE
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