The terms and conditions of use shown here (hereinafter referred to as the "Terms and Conditions") set forth the terms between LINE Corporation (hereinafter referred to as the "Company") and users (hereinafter referred to as the "User" or "Users" depending upon context) of video-on-demand streaming service called LINE TV (hereinafter referred to as the "Service"), which is provided by the Company.
1. Definitions
The following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions.
1.1. "content(s)" means information such as text, audio files, music, images, videos, software, programs, computer code, and the like.
1.2. "Content(s)" means content(s) that may be accessed through the Service.
1.3. "LINE Account" means an account created by Users in order to use services, including the Service, provided by the Company.
1.4. "Submitted Content(s)" means content(s) that Users have submitted, transmitted, or uploaded.
2. Agreement to Terms and Conditions
2.1. All Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions. Such agreement is valid and irrevocable.
2.2. Minors may use the Service only with consent from their parents or legal guardian. Furthermore, if Users use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
2.3. By actually using the Service, Users are deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
3. Modification of the Terms and Conditions
The Company may modify the Terms and Conditions when the Company deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms and Conditions are posted on an appropriate location within the website operated by the Company or the application for the Service through the link to such website. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions by continuing to use the Service. Users shall refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification to Terms and Conditions may not be provided.
4. Account
Users need to create a LINE Account to use the Service. Users must not use other's account without permission.
5. Privacy
The Company promises to protect the privacy and personal information of its Users in accordance with the LINE TV Service -Privacy Policy.
6. Provision of the Service
6.1. Users shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under Users' own responsibility and at Users' own expense.
6.2. The Company reserves the right to limit access to the whole or part of the Service depending upon conditions that the Company considers necessary, such as age, identification, current membership status, and the like.
6.3. The Company reserves the right to modify or cease, at the Company's own discretion, the whole or part of the Service at any time without any prior notice to the Users.
7. Advertisements
The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service.
8. Contents
8.1. The Service is video-on-demand streaming service, and Users shall not sell, distribute, or download any Contents, in whole or in part, by any means. Users shall not use the Contents beyond the scope of the intended use of the Contents in the Service (including but not limited to copying, transmission, reproduction, modification).
8.2. Users can only use the Service within the permitted territory by the Company.
8.3. Users agree not to circumvent, disable or otherwise interfere with security related features of the Service.
8.4. If Users wish to back-up the whole or part of the Submitted Contents, they will need to do so themselves. The Company will not undertake the obligation of backing up any of the Submitted Contents.
8.5. Users shall be or have obtained permission from the rightful owner of any Submitted Contents Users submit. Users shall maintain the rights regarding their Submitted Contents just as before, and the Company shall not acquire any rights to such contents. However, the User who posts the Submitted Content shall grant the Company a worldwide, non-exclusive, royalty-free license (with the right to sublicense such content to other third parties working together with the Company), for an indefinite period, to use (after modifying such content, if the Company believes it necessary and proper) such content for services and/or promotional purposes. Users covenants not to exercise all moral rights Users might have in the Submitted Content.
8.6. The Company may check the details of the Submitted Contents, when the Company believes that the Submitted Contents may violate related laws or provisions set out in the Terms and Conditions. However, the Company is not obligated to conduct such investigations.
8.7. If the Company believes that the User has violated or may violate applicable laws or provisions in the Terms and Conditions related to Submitted Contents, then the Company reserves the right to preclude the User's use of the Submitted Contents in certain manners, such as deleting the Submitted Content, or to suspend, restrict or terminate User’s LINE Account, without providing the User with prior notice.
9. Restrictions
Users shall not engage in the following when using the Service.
9.1. Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
9.2. Activities that may hinder public order or customs.
9.3. Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract. The prohibited activities include, but are not limited to, the following activities, (1) reproducing, copying, modifying, ripping, downloading, transmitting, recording, making available to the public, creating derivative works, in part or in whole, of the Service or Contents delivered via the Service by any means, or otherwise any making use of the Service which is not expressly permitted under the Terms and Conditions; or (2) removing or modifying any copyright, trademark, other intellectual property notices, or other notice of ownership of the Company and/or the third party, contained on or provided through the Service.
9.4. Activities that post or transmit violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
9.5. Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
9.6. Activities such as submitting contents through the Service immoderately, or any other activities deemed to be spamming by the Company.
9.7. Activities that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by the Company); use the Service for the purpose of sexual conducts or obscene acts; use the Service for the purpose of meeting a person for sexual encounters; use the Service for the purpose of harassments or libelous attacks against other Users; or use the Service for purposes other than the Service's true intent.
9.8. Activities that benefit or collaborate with anti-social groups.
9.9. Activities that are related to religious activities or invitations to certain religious groups.
9.10. Activities that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, user history, or the like.
9.11. Activities that interfere with the servers and/or network systems of the Service; that abuse the Service by means of BOTs, cheat tools, or other technical measures; that deliberately use defects of the Service; that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with the Company's operation of the Service or Users' use of the Service.
9.12. Activities that decompile, reverse engineer or disassemble any software or application for the Service.
9.13. Activities that aid or encourage any activity stated in Clauses 1 to 12 above.
9.14. Other activities that are deemed by the Company to be inappropriate.
10. User Responsibility
10.1. Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service.
10.2. The Company may take measures that the Company considers necessary and appropriate, if the Company acknowledges that a User is using the Service in a way which violates the Terms and Conditions, the local law, or any rights of the Company and/or any third party. However, the Company shall not be responsible for correcting or preventing such violation towards Users or others.
10.3. Subject to clause 10.2, in case of violation of intellectual property rights of the Company and/or the third party, the Company and/or the third party reserves the rights to seek all available remedies and take any legal action, both criminal and civil, to the fullest extent permitted by law.
10.4. In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly (including but not limited to cases where the Company has been sued for damages by a third party) due to the User violating applicable laws or the Terms and Conditions while using the Service, the User shall immediately compensate the Company upon its request.
11. The Company's Exemption of Liability
11.1. The Company does not expressly or impliedly guarantee that the Service (including the Contents) are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
11.2. The Company shall not be responsible for any damages inflicted upon Users in relation to the use of the Service. To the extent that the jurisdiction of the territory does not allow the exemption clause, portions of the exemptions may not apply.
11.3. Notwithstanding the condition stated in clause 11.2 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or Users predicted or could have predicted) with respect to the Company's contractual default or act of tort due to the Company's negligence (except for gross negligence).
12. Notification and Contact
12.1. When the Company notifies or contacts Users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting on the website operated by the Company.
12.2. When Users notifies or contacts the Company in regard to the Service, Users shall use the customer inquiry form available on the website operated by the Company or other means designated by the Company.
13. General
If any provision of the Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect. No waiver of any term of the Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under the Terms and Conditions shall not constitute a waiver of such right or provision.
14. Governing Law and Jurisdiction
Where the Company has provided Users with a translation of the English language version of the Terms and Conditions (hereinafter referred to as "English Version"), the English Version will govern the relationship between Users and the Company. In the event of a contradiction between the English Version and a translation, the provisions in the English Version shall take precedence over any other translation. These Terms and Conditions will be governed by the laws of Japan. Conflicts that arise from the Service or conflicts between Users and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.
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