The terms and conditions of use shown here ( hereinafter referred to as the "Terms and Conditions" ） apply to all users（ hereinafter referred to as the "User" or "Users" depending upon context ）of any services or features of SkyPhone ( hereinafter referred to as the "Service," ） which is provided by QuadSystem Co. Ltd. ( hereinafter referred to as the "Company." ) 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.
1. Conditions of Use
- Connection to the Internet is necessary in using the Service.
- The quality of sound which is provided in the Service depends on User's devices, network environment or Internet environment. Therefore it is possible that the quality is not as high as Users expected.
- Users shall agree to use this Service at his / her own risk and shall bear all responsibility and expense in using the Service.
- The Company shall not be responsible for any damages which are caused by the use or disabling of the Service. The Company also shall not guarantee that the Service and / or its modified program runs without any problems or failure.
- The Company shall not have an obligation to fix bugs or support the fixation.
- Data communication takes place in the use of the Service. The Users are responsible for the data charges.
2. Termination of the Service
- The Company reserves the right to terminate, at the Company's own discretion, the Service at any time without any prior notice to the Users.
- The Company shall not be responsible for any damages and so forth to Users or any third parties caused by the termination of the Service.
3. Intellectual Property
- The Company shall own the intellectual property right ( including copyright ) of the materials displayed or performed or available on / through the Service, including, but not limited to, text, graphics, images, and so forth.
4. Protection of Personal Information
However, the Company may disclose the personal information of its User within the necessary scope, if the disclosure is required or ordered through the appropriate procedure in accordance with any applicable law.
5. Incapability of Emergency Calls and Outgoing Calls to non-Users
- The Service provides voice call function between the Users. Therefore the Service cannot be depended upon for emergency calls, such as ones made to the police, fire brigade or other emergency services.
- The Service does not include outgoing call function to landline or mobile phones.
- The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service.
- Users shall not engage in the following when using the Service.
- (1)Activities such as modification of this application, reverse engineering, decompiling, disassembling and other similar activities
- (2)Activities that infringe intellectual property of the Company and / or a third party
- (3)Activities that damage the reputation / trust of the Company and / or a third party as well as discriminate against, defame, or disparage the Company and / or a third party.
- (4)Activities that lead to the Company's and / or a third party's economic loss
- (5)Other activities that are deemed by the Company to be inappropriate
8. The Company's Exemption of Liability
- The Company shall not be involved with Users themselves or Users' devices and shall not be responsible for any effect / loss caused in users' devices in connection with the use of the Service.
- The Company shall not be involved with communication or activities between Users. In the case where a conflict arises between Users or between a User and a third party, the concerned parties shall be responsible for the resolution. The Company shall not be responsible for resolution.
- The Company shall not be responsible for any damages to User or a third party caused by modification, discontinuation, or termination of the Service.
- The Company shall not be responsible for any problems caused by unexpected factors.
- The Company shall not have an obligation to observe, check, or save the content of communication through the Service.
- The Company shall not have an obligation to compensate any damages to Users or a third party arising from the use of the Service.
- The Company shall not be responsible for the matters related to companies which provide advertisement to the Service.
9. Exclusive Jurisdiction and Governing Law
- Conflicts that arise from or are related to the Service between Users and the Company will be governed primarily under the exclusive jurisdiction of the District Court of Toyama or the Toyama Summary Court. These Terms and Conditions and conflict resolution will be governed by the laws of Japan.
In the event of a contradiction between the Japanese language version of the Terms and Conditions and a translation, the provisions in the Japanese language version shall take precedence over any other translation.
10. Modification of the Terms and Conditions
- The Company may modify the Terms and Conditions at any time without any prior notice to Users. After modification of the Terms and Conditions, the modified Terms and Conditions will become effective upon all matters related to the Service.
Date of Enactment: December 30, 2013
Date of Update: November 30, 2016
Date of Update: January 29, 2018