Article 1 Acceptance of Agreement
This agreement relates to the use of the services (hereafter the Services) of the Monaca development platform, which is operated by the Asial Co. Ltd. (hereafter the Company).
The user of the Services may use the Services after agreeing to the terms of this agreement.
Article 2 Compliance
The following acts (including any actions leading to or in preparation of) as defined below are prohibited when using the Services.
(1) Any action that transgresses the laws or ordinances of Japan or the country/region where the user is, or is contrary to the public order and morals thereof,
(2) any act that jams or crashes any software, hardware or network functions used in operating the Services,
(3) any act that may hinder the smooth operation of the Services,
(4) any act in using the Services for purposes other than the purpose the Services are provided,
(5) pretending to be another user and using the Services,
(6) any act that harms, has potential to harm or puts the Company or any third party at a disadvantage, or
(7) any other act that the Company judges to be inappropriate.
Article 3 Trademark and Copyrights
The trademark and copyrights to the content (text, images, audio, etc.) within the Services are retained by the Company and/or the appropriate content providers.
Any reproduction, repurposing, sale, modification, alteration, adaptation, etc., of such content, beyond the extent allowed by law, is prohibited without the express consent of the copyright holder, regardless of whether for commercial purposes or not.
Article 4 Application and Termination of Use
Persons wishing to use the Services shall follow the procedures laid out by the Company and apply for use of the Services.
The Company consents to the use of the Services by a party that wishes to use them only insofar as we judge the use of the Services to be appropriate.
Further, if the Company judges that a user is using the Services inappropriately, or if the Company judges there to be a concern that the use may be inappropriate, the Company may terminate such users' use of the Services without prior warning.
Please note that the Company shall bear no responsibility for damages arising from the termination or lack of consent for use of the Services.
Article 5 Handling of User's Personal Information, Data and Content
The personal information collected by the Company via the Services shall be handled in accordance with the Monaca Privacy Policy.
The Company shall have no obligation to backup any of the personal information, data or content (hereafter, User Data) of the user that is saved via the Services on the servers the Company manages.
Further, the Company shall bear no responsibility for any damages arising from the damage or corruption of User Data.
Please note, the Company may reproduce and/or analyze User Data in the range necessary for the purposes of improving upon and operating the Services smoothly.
Article 6 Alteration and Termination of Services
The Company may change or terminate the Services.
After acknowledging this in advance, Users may use the Services and the Company shall bear no responsibility for any damages arising from alterations to or termination of the Services.
Article 7 Indemnification
Except as provided otherwise by special regulations, the Company shall bear no responsibility for any damages arising from or caused by the Services, such as system failures or due to other reasons.
Article 8 Alterations to the Agreement
If it deems it necessary, the Company may alter this agreement without prior notice to the user.
If this agreement is altered, all the stipulations in the agreement after said alteration related to the Service must be followed.
Article 9 Jurisdiction and Venue
The interpretation and application of these Terms of Use shall be based on Japanese law.
The Tokyo District Court shall have exclusive jurisdiction in the first instance over any disputes related to the Services.
August 22, 2011
Asial Corporation