Article 1 Purpose
Article 2 Definitions
The terms used herein shall have the corresponding meanings assigned to them below.
(1) "LINE" means the LINE messenger service and related services operated by the Company.
(3) "ID, etc." means ID and password of LINE account used by the Customers for use of the Service and other information necessary for use of the Service.
(4) "Customer(s)" means a person who develops and provides programs or systems which operate in conjunction with LINE (collectively, hereinafter referred to as the "Contents Provider Server") by using the Service.
(5) "User(s)" means a person who uses LINE via the Contents Provider Server provided by the Customers.
(6) "Development Environment" means the website of "LINE Developers" operated by the Company which provides necessary information for Customers to develop the Contents Provider Server etc.
Article 3 Contractual Relationship
2. The Company may modify the Terms by providing Customers with an announcement or notification to such effect, as needed. In case those Customers have continued to use the Service following a modification, such Customers shall be deemed to have consented to such modification of the Terms.
4. The initial period of use for the Service shall commence on the first day of use of the Service to the last day of the month that includes such date. Unless Customers propose cancellation of the Service via a method prescribed by the Company no later than expiration of the initial period of use, the period of use shall be extended for another month automatically, and the same shall apply thereafter.
5. Notwithstanding the preceding paragraph, in the event the agreement for use of the LINE Official Account Service related to use of the Service has been terminated or modified such that the Service cannot be used, the provision of the Service shall automatically terminate.
Article 4 Management of the Service
1. The Customers shall manage the ID etc., and use the Service with the responsibility of a prudent manager.
2. Customers will refer to or download the technical specifications and documents, etc. of API, etc. (hereinafter referred to as the "Company Documents, etc.") necessary for developing the Contents Provider Server via the Development Environment or via a method prescribed by the Company.
3. Customers may designate a person who will manage the development and operations of the Service (hereinafter referred to as the "Administrator") by entering necessary items in Development Environment. In such case, the Customers are liable for all acts performed by the Administrator in respect of the Service, and the Company will deem the acts performed by the relevant Administrator as performed by the Customers and hold the Customers responsible under individual contracts.
4. Without obtaining prior written consent, including consent through e-mail, of the Company, Customers shall not permit any third parties other than the Administrator to use ID, etc. (including access to the Development Environment and any other operation of the Service).
5. Customers shall handle all information obtained through the management screen and ID, etc. (including but not limited to personal information, and hereinafter collectively referred to as "Information") as confidential information and shall use the Information within the scope necessary for using the Service.
Article 5 Matters concerning the Contents Provider Server
1. Customers shall develop the Contents Provider Server and make it publicly accessible at their own expense and responsibility.
2. Customers shall, at the request of the Company, report the project and function, etc. with respect to the development of the Contents Provider Server (hereinafter referred to as the "Project Information") in advance in writing including by e-mail, and obtain prior consent from the Company, and when instructed by the Company to make any changes, etc., the Customers shall comply with such instruction. The Company shall handle the Project Information as confidential Customer information.
3. The Customers shall develop the Contents Provider Server so that the actions and operations of the Contents Provider Server on LINE (not limited to automatically-generated actions and operations, and including messages etc., which the Customers directly send to Users by operating the Development Environment) will not be contrary to the prohibited activities etc., as set forth in the LINE Terms and Conditions of Use. Links to web pages which the Customers do not substantially control and manage, must not be included in messages sent to Customers and Users.
4. The Customer shall implement functions on the Contents Provider Server screen that can be recognized by Users (including notification by messages etc.) to display the following items, and obtain consent from the Users where necessary. The Customer must also comply with the items shown to the Users pursuant to items (2) to (4) of this Article 5.4.
(1) Display the name or trade name (if any) of the Customer as the provider of the Contents Provider Server.
(2) Customers are responsible for managing any information of Users collected through the Contents Provider Server (including but not limited to personal information, and hereinafter referred to as the "User Information") and Customers shall, upon obtaining consent of the User, use such User Information within the scope necessary to use the Service.
(3) If the Customers have contracted to more than one LINE official account on LINE, Customers shall manage the User Information of each LINE official account separately, and will not use any User Information obtained through a particular LINE official account in another LINE official account which the Customers have not obtained the particular User Information, unless otherwise permitted by the Company.
5. In respect of the development and operations of the Contents Provider Server, Customers shall represent and warrant the matters listed in the following items.
(1) The development and operations of the Contents Provider Server meet the specifications and guidelines of the Contents Provider Server set forth in the Company Document, etc. (including any documents or notifications issued to the Customers for similar purposes regardless of their names, and hereinafter referred to as the "Guidelines, etc.") and do not fall under prohibited activities set forth in the Guidelines, etc.
(2) The rights of any third parties (including, but not limited to, copyrights, moral rights, patent rights, trademark rights, design rights, utility model rights, trade secrets, honor rights, rights of portrait, rights of privacy, and rights of publicity) are not infringed.
(3) It does not contain contents which may be contrary to public order or morality (including but not limited to excessively violent expressions and/or images, explicitly sexual expressions and/or images, and/or other antisocial content) or violate laws or regulations.
(4) Either the system developed, operated, and managed by the Customers satisfies the items set forth in any applicable laws, including but not limited to the "System Management Standards" prescribed by the Ministry of Economy, Trade and Industry of the government of Japan, or the Customers have established an equivalent management system.
(5) The information collected by the Contents Provider Server is restricted to only such information deemed necessary for the operation of the Contents Provider Server by the Company, and the Contents Provider Server shall not obtain any passwords or PIN numbers, credit card information and other highly confidential information, or deliberately obtain any information relating to User’s privacy.
(6) The Information shall not be provided or publicly disclosed to any third parties other than the Administrator and shall be managed separately with respect to each LINE official account.
7. In the event the Customers receive complaints etc. from a third party including the User, or a security incident or an accident such as the leakage of personal information etc., arises from the Contents Provider Server published by the Customers, the Customers shall notify such matter to the Company promptly in writing (including e-mail). If separately requested by the Company, the Customers are obliged to provide a reasonably detailed report of the claim or the event to the Company.
8. If a dispute caused by the Contents Provider Server developed by the Customers arises between the Customers and a third party including the User, such dispute shall be processed and resolved by the Customers at its own responsibility and cost. The Company shall not be involved in such dispute in any way, including mediation.
9. The Customers shall comply with the LINE User Data Policy for matters not set forth in the Terms regarding treatment of User information. In case the Terms conflict with the LINE User Data Policy, the Terms shall be given priority.
Article 6 Ownership and Use of Rights
1. Intellectual property rights, including copyrights to the Company Documents, etc. shall belong to the Company, and the Customers shall not reprint, transfer, copy, disclose, transmit, distribute, assign, lend, translate or adapt the Company Documents, etc. without the prior consent of the Company.
2. The rights of the information on LINE regarding the User obtained by the Customers through the use of the Service including the development environment (including, but not limited to, User's names, nicknames, LINE IDs, images for icons, status messages, images and identifier of the User, etc.), shall belong to the Company and the Customers may only use such information within the scope of the purpose of the Service.
3. The rights of the information obtained by the Customers through the Contents Provider Server (messages and other additional information sent and received between the User and the Contents Provider Server via LINE, but excluding those information stipulated under the preceding two paragraphs which right is obtained by the Company, hereinafter referred to as "Contents Provider Server Communicated Information") shall belong to the Customers, and the Company shall not be obliged to protect any Contents Provider Server Communicated Information.
4. In the event the Customers make any inventions, devices, or creations in connection with the development or operation of the Contents Provider Server (hereinafter referred to as the "Invention, etc."), the Customers shall notify the Company of such Invention, etc. in writing, and the parties shall separately discuss and decide the ownership of the right of the Invention, etc. (including patent rights, utility model rights, design rights, and copyrights, etc.). In the event of filing an application such as patent, etc. regarding Invention, etc. (which means filings of patents, utility models and designs, etc., including foreign applications), the Customers shall discuss with the Company in advance to determine the applicant who shall file the patent application.
5. Even if the right of the Invention, etc. is determined to belong to the Customers, the Customers shall, upon request of the Company, grant a perpetual right to exploit or use the Invention, etc. (including development and use of their own software, etc. by the Licensee (as defined below) or allowing other third party to use such software, etc.), without geographic or term limitation and free of charge to the Company or any other third party designated by the Company (hereinafter referred to as the "Licensee"), and the Customers shall not exercise the moral right of an author to the Invention, etc.
6. In the event that the development and operation management of the Service is to be conducted by the Administrator, the Customers shall set forth necessary provision in the contract between the Customers and the Administrator to avoid interference with operation pursuant to the preceding two paragraphs.
7. The Customers shall provide consent in advance to storage of the Contents Provider Server Communicated Information on the Users' devices, and usage on a continuous basis by the Users.
Article 7 Suspension and Discontinuance of Service
1. The Company does not provide any express or implied guarantee that the Service is free from actual or legal defect (including but not limited to safety, reliability, accuracy, completeness, validity, suitability for a certain purpose, legal compliance to use for certain purposes, defects related to security etc., errors and bugs, or infringements of rights).
2. The Company may suspend or discontinue all or part of the Service if any of the items listed below occur. In such event, the Company will notify the Customers of the fact of suspension or discontinuance of the Service and the expected period, etc. of such suspension or discontinuance, as soon as practicable via e-mails or announcements on the development environment, etc. The Company shall make reasonable efforts to minimize the effect of the suspension or discontinuance of the Service to the Customers and the Users.
(1) Inspection, maintenance, or construction, etc. of the equipment used for the Service
(2) Occurrence of a failure of the equipment used for the Service
(3) In case it becomes impossible to use telecommunications services for reasons attributable to the services provided by telecommunications carriers
3. In the event that the Company determines that the Contents Provider Server provided to the public by the Customers, falls under any of the following items, the Company may suspend or discontinue the provision of the Service after providing a prior written notice, including notice by e-mail, to the Customers. Notwithstanding the foregoing, the Company may immediately suspend or discontinue the provision of the Service in exigent circumstances, and provide a written notice, including notice by e-mail, promptly thereafter.
(2) In the event that the Users' information is improperly collected by the Contents Provider Server
(3) In the event that the Contents Provider Server is not in compliance with the Guidelines, etc.
(4) In the event that the Company otherwise determines the Contents Provider Server to be inappropriate
4. In the event that a User cannot send or receive a message or any other correspondence into the Contents Provider Server due to the congestion or disruption of communications between LINE and the Contents Provider Server due to the Contents Provider Server or telecommunications equipment of Customers which works in collaboration with the Contents Provider Server, the Company may, at its discretion, delete all or a portion of the relevant correspondence, and may suspend or discontinue the provision of the Service without prior notice to the Customers.
5. The Customers acknowledge and provide consent in advance that the suspension or discontinuance of the provision of the Service to the Customers may have an effect on the communications between LINE and the Contents Provider Server, and that the Contents Provider Server may not function properly due to such suspension or discontinuance.
6. The Company shall not be liable for any damages to the Customers or the Users caused by the suspension or discontinuance of the provision of the Service, including LINE services, regardless of the reason for such suspension or discontinuance.
Article 8 Confirmation of Compliance
The Customers represent and warrant that the Customers have made inquiries in advance to the governmental organizations which may be reasonably be foreseen to, or do in fact regulate the certain services, and have confirmed that the provision of the relevant services through this Service to the Users do not violate any laws and regulations. Notwithstanding the foregoing, the Customers are not obliged to conduct such inquiry or confirmation to the extent that no law which regulates the service exists. After the commencement of the Service, the Customers will continuously confirm the compliance of the use of this Service for providing certain services to the Users. In the event that the Customers breach the obligations under this Article or that the provision of certain services through the Service is deemed illegal, the Company may forthwith suspend or discontinue the Service, and shall bear no responsibility for any damages incurred by the Customers caused by such suspension or discontinuance. In addition, in case that the provision of certain services through this Service is deemed illegal, the Customers will immediately compensate the Company for any and all damages incurred by the Company, as well as adequate amounts for damages the Company is required to make a payment to a third party (including but not limited to attorney’s fees).
Article 9 Termination of Provision of Service
1. The Company may suspend, discontinue or terminate the provision of the Service to the Customers by providing prior written notice, including notice by e-mail, to the Customers in the event that either of the following events has occurred with respect to the Customers and the Customers fail to make the requested corrections within a reasonable period of time specified by the Company.
(1) The occurrence of a situation set forth in Article 7.2 or 7.3
(2) In the event of a violation by the Customers of any provision of the Terms
2. Notwithstanding the provision of Article 9.1, in case that either of the following events is applicable to the Customers, the Company may suspend, discontinue or terminate the provision of the Service to the Customers after the lapse of thirty days from the day on which it provided a prior written notice, including notice by e-mail, to the Customers, only to the extent that the Customers have not raised particular objections within such thirty-day notice period.
(1) The Contents Provider Server developed and released by the Customers has not accessed LINE for a period of six months or longer.
(2) The Customers have not logged on to the development screen for a period of six months or longer.
Article 10 Measures after Termination
Upon the termination of the use of the Service by the Customers or the termination of the provision of the Service to the Customers, the Customers will forthwith destroy the information to which the Company has rights as provided for in Article 6.2, the information to which the Customers have rights as provided for in Article 6.3, and the Company Documents, etc. The details of procedures for the destruction of the information as provided for in Articles 6.2 and 6.3 shall be subject to the LINE User Data Policy.
Date of Establishment: April, 18, 2019