Labellio - TERMS OF SERVICE

(Effective Date: January 19, 2016)

KYOCERA Communication Systems Co.,Ltd. (“Company,” “we”, “us” or “our”) maintains these Terms of Service (“TOS”) that describes the terms and conditions applicable to its machine learning training service (the “Service”). Your use of the Service is subject at all times to these TOS, our privacy policy (“Privacy Policy”) and any end user license agreements (the “EULA”) which may apply. Any inconsistencies between this TOS, the Privacy Policy or any EULA (if any) shall be resolved by the Company in its sole and absolute discretion.

EACH TIME YOU ACCESS OR USE THE SERVICE, YOU AGREE TO BE BOUND BY THESE TOS, THE PRIVACY POLICY AND EULA (IF ANY), AND REPRESENT THAT YOU HAVE READ AND UNDERSTAND THE APPLICABLE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN AND THEREIN AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) THESE TOS, THE PRIVACY POLICY AND EULA (IF ANY), DO NOT ACCESS OR USE THE SERVICE. YOUR CONTINUED ACCESS AND USE OF THE SERVICE SHALL BE DEEMED TO CONSTITUTE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TOS, THE PRIVACY POLICY AND EULA (IF ANY), AS THEY EACH MAY BE AMENDED FROM TIME TO TIME. ANY REFERENCES HEREIN TO “YOU” AND “YOUR” REFER TO BOTH YOU AND SUCH PERSON AND ENTITY ON WHOSE BEHALF YOU ACT, IF ANY. YOU SHOULD PRINT A COPY OF OUR TOS FOR FUTURE REFERENCE.

You may not use our Service if: (a) you cannot enter into a binding contract with the Company; (b) you are under 13 years of age, in which case you must not create an Account, use any part of the Service, or submit personal information through the Service or to the Company (for example, name, address, telephone number, email address); (c) you are not allowed to receive products, including services or software, from the United States, for example if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals; (d) you are a convicted sex offender; or (e) you have previously been banned from using the Service. If you are between the ages of 13 and 17, or under the age of majority where you live, you represent that your legal guardian has reviewed and agreed to these TOS.

In some instances, both these TOS and separate terms of service, rules, policies or guidelines set forth additional conditions that may apply to the Service (collectively, the “Additional Terms”). To the extent there is a conflict between the TOS and any Additional Terms, the Additional Terms will control unless the Company determines otherwise, in its sole and absolute discretion.

1. THE SERVICE

(a) Generally. Users (defined below) can upload User Content (defined below) to the Service to enable the Service to recognize patterns in the User Content and classify such content into certain categories based on such patterns (“Content Category”). With an increase in the number of uploaded User Content in a particular Content Category, the Service will more accurately and efficiently classify subsequently uploaded User Content within that Content Category and allow other Users to use the Content Category as part of their Service usage.

The Service may include an application programming interface through which a User can send requests and receive responses from the Service (an “API”). Any use of the API must be in accordance with these Terms, EULA and Additional Terms (if any). You acknowledge and agree that the Company may discontinue, suspend, throttle or otherwise limit usage of the API at any time, in its sole discretion and without notice. You are solely responsible at all times for any activities occurring through the API through a key or identifier issued to you, and you agree not to share such API key or identifier with any third party.

(b) License Grant. Subject to the terms and conditions of these TOS, the Privacy Policy, the EULA and any Additional Terms (each of which are hereby incorporated by this reference), the Company hereby grants to you a limited, non-exclusive, non-transferable and revocable right and license to: (i) use the Service for your personal and non-commercial purposes. The Company may terminate this license without notice in the event you fail to comply with these TOS, the Privacy Policy, the EULA, or any Additional Terms. Upon termination of the license, you must immediately cease accessing and using the Service.

(c) Limitations. The license granted to you is subject to the following limitations. You shall not or permit any other person to:

(i) in whole or in part, (1) modify or create any derivative work of the Service, including Company Materials (defined below) or (2) copy, photocopy, reproduce, translate, disassemble, reverse engineer, decompile, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Service;

(ii) modify, alter or remove any copyright, patent, confidentiality, trademark and other notices, labels or legends displayed as part of the Service, including in any Company Materials;

(iii) sell, grant a security interest in or transfer reproductions of, duplicate, copy, trade or resell the Service, any Company Materials or any part thereof for any purposes in any way not expressly authorized herein;

(iv) assign, rent, lease, distribute or license any Company Materials or any part of the Service to others;

(v) exploit the Service, including any Company Materials or any of its parts, for any commercial purpose;

(vi) use any third-party software to modify the Service;

(vii) use the Service to access, copy, transfer, transcode or retransmit content in violation of third party intellectual property rights; or

(viii) create or maintain, under any circumstance, any unauthorized connections to the Service. All connections to the Service may only be made through methods and means expressly approved by the Company. Under no circumstances will you connect, or create tools that allow you or others to connect, to the proprietary interface or interfaces other than those expressly provided by the Company for public use.

(d) Additional Agreements.

(i) You agree to use the Service only in compliance with these TOS, the Privacy Policy, the EULA, Additional Terms and applicable rules, laws and regulations, including applicable tax laws.

(ii) By accessing and using the Service, you represent and warrant that you are not prohibited from receiving exports or services under Japan or other applicable export laws.

(iii) You agree that by accessing and using the Service you may be exposed to content that you may find offensive, indecent or objectionable and that you access and use the Service at your own risk.

Your failure to comply with the restrictions and limitations listed above and elsewhere in these TOS shall result in termination of the license granted hereunder with immediate effect and may subject you to civil and/or criminal liability.

2. OWNERSHIP

(a) Accounts and User Data. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, status, benefits and privileges, and all other data accumulated in connection with your access and use of the Service (collectively, “User Data”). You further acknowledge and agree that all rights, title and interest (including all intellectual property rights) in and to the Account and User Data (excluding User Content) are and shall be owned solely and exclusively by the Company. No rights conferred to you in connection with the Service (including any Company Materials) may be transferred or assigned by you (by operation of law or otherwise including at the time of cancellation of your Account) to any third party without the prior written consent of the Company. We reserve the right to remove or reclaim any user ID at any time and for any reason.

(b) Company Materials. The Company, its licensors and/or certain third parties (as applicable) retain exclusive right, title and interest (including all intellectual property rights) in and to all materials that are part of the Service (including past, present and future versions) (excluding User Content), including, without limitation: APIs; graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; and service marks; any and all copyrightable material; the “look and feel”; the compilation, assembly and arrangement of the materials of the Service; and all other materials or content made available in the Service (collectively, the “Company Materials”) and such Company Materials are protected from unauthorized use, copying and dissemination by applicable copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

(c) User Content. Subject to the ownership of the Account, User Data and Company Materials described above, trademark rights described below and other express ownership right set forth in these TOS, EULA and Additional Terms (if any), you and your licensors retain exclusive right, title and interest (including all intellectual property rights) in and to your User Content.

(d) Trademarks. All words and logos in the Service marked by the ™ or ® symbols are trademarks and service marks of the Company and/or its licensor(s). All rights are reserved. All other trademarks and service marks appearing in the Service are the property of their respective owners. All rights are reserved. Use of any of our trademarks, service marks or names as “metatags” for any purpose other than as expressly authorized in these TOS is strictly prohibited.

(e) Third Parties. The Service may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Service falls under the scope of these TOS. Any and all other third party software or technology that may be distributed together with the Service will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with the Company regarding such third party software or technology and you will look solely to the applicable third party and not to the Company to enforce any of your rights.

(f) No Additional Rights. Only those licenses expressly set forth in these TOS are granted. No other licenses are granted under these TOS, whether by implication, estoppel, course of conduct, or otherwise. Nothing in these TOS is intended to transfer any of the right, title and interest (including all intellectual property rights) from the Company and/or its licensors to you or any third party. If you are ever inadvertently or erroneous held or deemed to be the owner of any such rights, you agree to assign and hereby irrevocably assign to the Company or its licensors, as the case may be, all such rights as of the effective date of these TOS, and agree to execute all documents to implement and confirm the letter and intent of the foregoing.

3. OWNERSHIP

(a) Accounts. By completing the Service registration process, you may establish a membership account (“Account”) and become a registered member (“User”), and access the Service. To create an Account, you must provide such information as may be requested during the registration process. You must provide truthful and accurate information during the Account registration process.

Notwithstanding anything to the contrary, Company may approve or reject your Account registration application for any reason or no reason in its sole and absolute discretion. All such decisions shall be final and under no circumstance shall Company be obligated to provide any information regarding its decision-making process. Upon approval of your registration, you will be granted access to the Service.

You are solely responsible for all activity on your Account and for the security of your personal computer and mobile device. You may not reveal your Account password to other users or permit others to access your Account. All acts performed using your Account (including User Data and User Content) shall be deemed to be your acts. You shall promptly notify the Company for any changes to your Account information or if such information has been improperly disclosed to a third party. You shall solely be responsible for any liability that arises from any improper third party disclosure and/or third party use of your Account (including User Data and User Content). If there is a risk of your Account (including User Data and User Content) being improperly used by a third party, you shall promptly take measures to limit such use, including, without limitation by changing your password and notifying the Company. Under no circumstances shall the Company be liable to you for any loss, including the loss of your User Data and User Content, arising from your loss of any Account information (including user name, user ID or password).

(b) Fees. You must pay the applicable fee (if applicable) to access and use the Service. All applicable fees are NON-REFUNDABLE except as otherwise agreed to in writing by the Company or pursuant to applicable law.

The Company, in its sole and absolute discretion, may, from time to time, modify, amend, or supplement the Service fee terms and billing methods, and post those changes on the TOS page or elsewhere on the Service. Such modifications, amendments or supplements shall be effective immediately upon posting on the Service. If any change is unacceptable to you, you may cancel your Account at any time, but the Company will not refund any fees that may have accrued to your Account before such cancellation, and we will not prorate the refund of any fees.

You must provide all equipment, software and other technologies necessary to access the Service, including, a personal computer or mobile device suitable to connect with the Service and an Internet connection. In addition, you hereby acknowledge and agree that you shall solely be responsible for and bear all telecommunication expenses, including, telephone charges, Internet connection charges and electricity charges, arising out of your access and use of the Service.

(c) Billing Methods. Subject to technical problems and revisions to payment policies which may be instituted by the Company and partners at any time without notice, you may pay for any applicable Service fees and other charges by major credit card or such other methods expressly authorized in writing by the Company and its partners.

When you provide credit card or other payment information to the Company, you represent to the Company that you are the authorized user of such credit card that is used to pay the fees and charges applicable to the subject Account. As the Account holder, you are responsible for all fees and charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.

Any dispute arising between you and any third party payment process service (including a credit card company) shall be resolved directly between you and such third party. Under no circumstances shall Company be liable for any obligations incurred by you to such third party in connection with your access and use of the Service. You agree to indemnify, defend and hold harmless Company, its licensors, affiliates, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such disputes.

(d) Termination. You have the right to terminate your Account and/or cease accessing and using the Service at any time. You understand and agree that unless otherwise expressly provided for in this TOS, terminating your Account and ceasing access and use of the Service are your sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (i) any term of this TOS, the Privacy Policy, EULA and/or any Additional Terms, or the Company’s enforcement or application thereof, (ii) the Company Materials, User Data, User Content and other content available through the Service, (iii) your ability to access and/or use the Service and/or (iv) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.

You may cancel your Account by following the termination procedure set forth in the Service. The Account cancellation shall become effective upon Company’s receipt of the authorized cancellation request. If applicable, Company reserves the right to collect accrued fees and charges and costs incurred by Company before the Account cancellation becomes effective. In addition, you are responsible for any fees, charges and costs incurred to third-party vendors or content providers before your cancellation.

Without limiting any other remedies, we may limit, suspend, cancel, terminate, modify or delete your Account and your access to and use of the Service (or any portion thereof, including any User Data and User Content) at any time for any reason or no reason in its sole and absolute discretion. Specifically, if you are, or we suspect that you are, failing to comply with any of this TOS, the Privacy Policy, the EULA and/or Additional Terms, we may terminate your Account with or without notice to you. The Company may also terminate your Account if the Company is required to do so by law or the Company decides to no longer offer the Service.

If the Company terminates your Account and/or access and use of the Service, you may lose your user ID, User Data and User Content as well as any benefits and privileges associated with the Service, and we are under no obligation to compensate you for any such losses or results. In addition, no online time or other credits will be provided to you or converted to cash or other form of reimbursement, and you will have no further access to the Service (including all User Data and User Content). Also, you will not have the right to transfer, sell, or assign any User Data to anyone else. Under no circumstances shall Company be responsible for storing any User Data or User Content and other information following suspension, termination, modification or deletion of your Account and/or access to the Service.

We reserve the right to stop offering and/or supporting the Service at any time for any valid commercial reason, at which time your license to access and use the Service will automatically be terminated without further action. In such event, we shall not be required to provide refunds, benefits or other compensation to you except as otherwise agreed to in writing by the Company or pursuant to applicable law.

4. USER CONTENT AND LICENSE

(a) User Content. As part of the Service, Users can: (i) submit, upload, post, display, publish or broadcast content and materials, including, without limitation, photographs, graphics or images and (ii) use other User’s submitted, uploaded, posted, displayed, published or broadcasted content and materials, including, without limitation, photographs, graphics or images (collectively, “User Content”). You are solely responsible for ensuring that your submission, upload, posting, display, publishing or broadcast of your User Content and use of other User’s User Content conforms to these TOS, EULA and Additional Terms (if any).

You hereby affirm, represent, and/or warrant to the Company that: (i) you own, or have the necessary licenses, rights, consents, and permissions to: (A) use your User Content in accordance with these TOS and (B) grant the licenses to the Company as set forth herein, and (ii) you have the written consent, release, and/or permission of each and every identifiable person depicted in the User Content to use and exploit their names, persona and likeness included in any User Content without any consideration in accordance with these TOS and the licenses granted to the Company as set forth herein.

(b) License Grants. By registering to become a User, you hereby grant to other Users an unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid and royalty-free right and license to: (i) access and use your User Content in connection with such other User’s use of the Service and (ii) copy, reproduce, distribute, display, perform, transmit, publish, broadcast, modify, make derivative works of, your User Content solely as permitted by the functionality of the Service. Notwithstanding the foregoing, the license granted to other Users herein shall terminate upon the cancellation of such other Users’ Account and/or the termination of the Service.

You hereby grant to the Company the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, delete, make derivative works from, retitle, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your Permitted User Content (defined below), for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. For purposes of these TOS, the term “Permitted User Content” means any User Content which is User-generated or which the subject User has the right to sublicense the license rights granted to the Company herein.

You hereby grant to the Company the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid and royalty-free right and license to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content. Except as prohibited by applicable law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

(c) No Monitoring. The Company has no obligation to pre-screen, review, monitor, flag, filer or enforce your intellectual property rights to, your User Content but has the right to protect and enforce its licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at the Company’s cost and expense, to which you hereby consent and irrevocably appoint the Company as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest). You also agree and understand that the Company is not obligated to use User Content and that you will not receive any additional consideration or compensation for your User Content or for any exploitation thereof.

(d) No Expectation of Privacy or Confidentiality. You acknowledge and agree that any communications with other Users via any channel of communication in the Service is public and not private, and that you have no expectation of privacy or confidentiality concerning your access and use of the Service. Subject to the terms of the Privacy Policy, you acknowledge that Personal Information (as defined in the Privacy Policy) that you communicate via the Service and which may be included in the User Content may be seen and used by others and result in unsolicited communications, therefore we strongly encourage you not to disclose any Personal Information in your public communications in the Service. You are solely responsible for any public communications you make in the Service and their legality under all applicable laws and regulations. Company is not responsible for information that you choose to communicate to other Users, or for the actions of other Users. For further information regarding Company’s use of information collected in connection with the Service, please refer to the Privacy Policy.

In addition, you acknowledge and agree that any User Content you submit, upload, post, display, publish or broadcast in connection with the Service is public and not private, and subject to the terms of the Privacy Policy, that you have no expectation of privacy or confidentiality concerning your access and use of the Service.

(e) Feedback. The Company does not solicit feedback, ideas or suggestions regarding the Service other than those the Company may specifically request. Any communications or materials you transmit to the Company by e-mail or otherwise including, without limitation, data, questions, feedback, comments, ideas, suggestions, concepts, notes or postings, will be treated as non-confidential and non-proprietary.

5. CONDUCT

You agree that you will be personally responsible for your access and use of the Service and for all of your User Content and online activity in connection with the Service, and that you will indemnify and hold harmless the Company, its licensors, affiliates, employees, and their respective officers, directors and agents from all claims for liabilities, losses and expenses, including reasonable attorneys’ fees, from third parties arising from such use, User Content and activity. Specifically, you agree to comply with these TOS, all applicable laws, rules and regulations governing the disclosure and use of third party property, including, without limitation, any and all intellectual property rights. Moreover, you agree not to engage in any of the following:

(a) Post, transmit, promote, or distribute illegal content.

(b) Harass, threaten, abuse, disparage, libel, slander, embarrass, or engage in any other disruptive behavior involving another user or Company or affiliate’s employee or agent.

(c) Transmit or facilitate distribution of content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person's view, objectionable.

(d) Infringe upon the intellectual property rights or rights of confidential information of Company or any third party.

(e) Alter, delete or cancel any other user’s profile information or User Content.

(f) Impersonate another person, indicate that you are a Company or affiliate employee or agent, or attempt to mislead users by indicating that you represent Company or any of Company’s licensors or affiliates.

(g) Use any robot, spider, scraper, or other automated means (other than the API in accordance with these Terms, EULA and any Additional Terms) to access the Service for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service.

(h) Attempt to get a user ID, password, or other user information, or any other private information from a user. Company employees will NEVER ask for your password. DO NOT give your password, secret answers, or billing information out to anyone.

(i) Upload any content, including User Content, that you do not own, have the right to freely use in connection with the Service and/or have the right to license to the Company in accordance with these Terms.

(j) Engage in or promote or encourage any illegal or fraudulent activity including hacking, cracking or distribution of counterfeit software, or identity theft.

(k) Upload files or display URLs that contain a virus or corrupted data.

(l) Post messages for any purpose other than personal communication, including, without limitation, advertising, promotional materials, chain letters, pyramid schemes.

(m) Make any commercial use of the Service.

(n) Improperly use support or complaint buttons or make false reports to Company.

(o) Modify, reproduce, distribute, delete or create derivative works of the Service, Company Materials or any third party User Content displayed therein, or any component thereof.

(p) Solicit or attempt to solicit, and post or communicate any user’s personal information without such user’s consent or outside the scope of the Service.

(q) Interfere with, hack into or decipher any transmissions to or from the servers running the Service.

(r) Exploit any bug in the Service or in any Company product to gain unfair advantage or exploit it for commercial purposes. You agree not to communicate the existence of any such bug (either directly or through the public posting) to any other user or third party.

(s) Do anything that interferes with the ability of other users to enjoy the Service or that materially increases the expense or difficulty of Company in maintaining the Service for the enjoyment of all its users.

(t) Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by this TOS.

(u) Use the Service in connection with any violation of any applicable laws, rules or regulations, or do anything that promotes the violation of any applicable laws, rules or regulations.

(v) Submit, upload, post, display, publish or broadcast User Content: (A) which constitutes Personal Information (as defined in the Privacy Policy), healthcare-related information (including without limitation “protected health information” under the Health Insurance Portability and Accountability Act of 1996) or any consumer financial information (including information governed by the Gramm-Leach-Bliley Act), (B) for which the disclosure, transmission, receipt, storage or use of which is subject to any restrictions under, or may result in any obligation under, any law, rule or regulation; (C) which would reasonably be considered to be sensitive or where the loss or unauthorized use thereof could reasonably be expected to result in any loss, damage or liability to any person or entity.

(w) Use the API in connection with any software or service that does not provide significant additional features and functionality such that the functionality provided through the Service constitutes an incidental component of such software or service.

If you encounter another user who is violating any of the items described in the Online Conduct list above, please go to airc@kccs.co.jp to report the violation.

6. MODIFICATIONS

(a) Terms of Service. The Company may, from time to time, modify, amend, or supplement these TOS and post those changes on the TOS page. Such modifications or supplements shall be effective immediately upon posting in the Service. You are responsible for periodically checking the Service for changes to the TOS. You can determine when the TOS were last revised by referring to the “Effective Date” legend at the top of these TOS. If you do not agree to be bound by (or cannot comply with) the TOS as modified or supplemented, you must cease accessing and using the Service. Your continued access and use of the Service constitutes your agreement to be bound by the modified TOS.

(b) Changes to Service. The Company reserves the exclusive right and may, at any time and without notice and liability to you, modify, supplement, suspend or discontinue (collectively, “Changes”) the Service (or any portion thereof, including any User Data and User Content), whether temporarily or permanently, in whole or in part, for valid commercial reasons and/or as required by applicable law. Any such Change shall be effective immediately upon notice by posting in the Service or these TOS, or by any other method of notice the Company deems appropriate. We shall not be required to provide refunds, benefits or other compensation to you for any Changes, including, without limitation, the suspension or discontinuation of the Service. Any access or use of the Service after such notice of Change, constitutes acceptance by you of such Change. Temporary interruptions in the availability of the Service may occur from time to time as normal events. You agree that neither the Company nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Service, and termination of any license. The Service may include technical inaccuracies, typographical errors or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Service is made available internationally and may contain references to products, programs and services of the Company /or its licensors that are not available in your location. Such references do not imply that the Company or its licensors intend to make available such products, programs or services in your location.

7. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, LOSS OF DATA OR ANY OTHER DAMAGES THAT RESULTS FROM SUCH ACCESS OR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

8. LIMITATIONS OF LIABILITIES

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP ACCESSING AND USING THE SERVICE, AND CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT IN THE SERVICE OR THE ACCESS OR USE THEREOF. MOREOVER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT, IN NO CASE SHALL THE COMPANY’S OR ITS LICENSORS', AFFILIATES’, EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, “COMPANY AFFILIATES”) LIABILITY TO YOU IN RESPECT TO ANY ACT OR FAILURE TO ACT IN RELATION TO THE SERVICE EXCEED THE HIGHER OF US$50 OR THE AMOUNT PAID BY YOU IN CONNECTION WITH YOUR ACCESS AND USE OF THE SERVICE. FURTHERMORE, IN NO CASE SHALL THE COMPANY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER COMPARABLE LOSS) ARISING FROM YOUR ACCESS AND USE OF THE SERVICE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS AND USE OF OR MEMBERSHIP, WHETHER BASED ON WARRANTY, PRODUCT LIABILITY, PERSONAL INJURY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY OR ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH JURISDICTIONS, THE COMPANY’S AND COMPANY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

9. LINKS

For the convenience of our user, the Service may provide certain links to other applications, services and websites provided by third parties. The Company is not responsible for the content of any other applications, services or websites linked to or from the Service. If you follow any such links, you leave the Service and you do so entirely at your own risk. The Company provides links from the Service solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other applications, services and/or websites. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED APPLICATIONS, SERVICES OR WEBSITES.

10. INDEMNIFICATION/RELEAS

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, and their respective employees, officers, directors and agents from any and all claims for liabilities, losses and expenses, including reasonable attorneys' fees and costs, from third parties arising from: (a) any breach of these TOS, the Privacy Policy, the EULA, Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (b) in connection with your access and use of the Service in breach of these TOS, the Privacy Policy, the EULA, the Additional Terms or any applicable rules, laws or regulations, whether or not referenced herein, (c) violation of any rights of any third party, including, without limitation, any third party intellectual property rights under any applicable laws, rules or regulations, or (d) any interaction you may have with other users of the Service, and any dispute arising in relation thereto. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to the Company in that matter. The obligations set forth herein shall survive termination of these TOS.

You are solely responsible for your interactions with other users of the Service. If you have a dispute with one or more users of the Service, in addition to any other remedies reserved for the Company herein, you release us (and its licensors, affiliates, employees, officers, directors, contractors, agents, third party suppliers, licensors and third party partners) from claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in connection with such disputes. If you are a California resident, you waive the rights afforded to you under California Civil Code §1542.

11. GOVERNING LAW

The Service is made accessible, operated and controlled from the Company in Japan. It can be accessed from various countries of the world. The laws of Japan, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Service and your access and use thereof. By accessing and using the Service, you submit and consent to the exclusive jurisdiction of the Tokyo District Court of Japan with respect to any dispute or cause of action (whether contractual or non-contractual) arising out of or in connection with these TOS, the Privacy Policy, the EULA, Additional Terms and/or your access and use of the Service.

12. INJUNCTIVE RELIEF

You acknowledge that the rights granted and obligations made hereunder to the Company are of a unique and irreplaceable nature, the loss of which shall irreparably harm the Company and which cannot be replaced by monetary damages alone so that the Company shall be entitled to injunctive or other equitably relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. To the fullest extent permitted under applicable law, you irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).

13. VOID WHERE PROHIBITED

The information provided through the Service is not intended for distribution to or use by any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. The Company makes no representation or warranty that any material in the Service is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Service from a jurisdiction outside Japan you are responsible for compliance with all applicable local laws. THE SERVICE IS INTENDED FOR USE BY PERSONS OVER THE AGE OF 13. BY ACCESSING AND USING THE SERVICE, YOU REPRESENT AND WARRANT THAT YOU ARE 13 OR OLDER, AND THAT YOU AGREE TO AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TOS, THE PRIVACY POLICY, THE EULA AND ADDITIONAL TERMS. MOREOVER, IF YOU ARE BETWEEN 13 AND 17 YEARS OF AGE, YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO ACCESS AND USE THE SERVICE. IF YOU ARE UNDER THE AGE OF 13 OR BETWEEN THE AGE OF 13 AND 17 BUT DID NOT HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION TO THE ACCESS AND USE THE SERVICE, THE COMPANY WILL CANCEL YOUR ACCOUNT WITH IMMEDIATE EFFECT.

14. COMPLAINTS, NOTICE AND CONTACT INFORMATION

The Company takes claims of infringement of intellectual property rights and violation of rights including rights of privacy or publicity very seriously. If you believe that any of the material that is or was in the Service infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact us at airc@kccs.co.jp.

15. PRIVACY POLICY

The Company is committed to respecting your privacy and the confidentiality of your personal data. The Privacy Policy sets out how the Company may use your personal data, the traffic data and the content contained in your communication(s). If you object to your information being used in the way set out in the Privacy Policy, your sole remedy is to cease accessing and using the Service by canceling your Account.

16. NOTICE

In the event the Company decides, in its sole and absolute discretion, to give notice to a user regarding the termination of the licenses granted herein, revisions to payment policies, or any Changes, it may do so via email, telephone call, posting in the Service or these TOS, or such other electronic method of notice the Company deems appropriate. Where Company decides to give such electronic notice, you agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Moreover, your access or use of the Service after delivery of such notice constitutes acceptance by you of the noticed action.

17. LANGUAGE

The parties hereto confirm their express wish that these TOS as well as all other documents related to them, including notices, be drawn up in the English language only and declare themselves satisfied therewith.

18. MISCELLANEOUS

If any provision of these TOS, the Privacy Policy, the EULA and/or Additional Terms (if applicable) is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the TOS will remain in full force and effect. The TOS, the Privacy Policy, the EULA and Additional Terms (if applicable) constitute the entire agreement between you and the Company with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation. Any waiver of any provision of the TOS will be effective only if in writing and signed by the Company. The failure of either you or the Company to assert any right under these TOS shall not be considered a waiver of that party's right will remain in full force and effect. The original English version of these TOS may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. You are not allowed to assign the TOS or any rights hereunder. Neither these TOS nor any right hereunder may be assigned by either Party (by operation of law or otherwise) without the prior written consent of the other Party. Any assignment by a Party in violation of this provision shall be null and void. Products available through the Service may be subject to export controls or restrictions by Japan or other countries or territories. You agree to comply with all applicable Japanese and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.

If you have any questions, complaints, or comments regarding these TOS, or have other questions or suggestions about the Service, please contact us at airc@kccs.co.jp.