Outputz

Term of use

Terms of use of Outputz service Cybozu Labs, Inc.

Customer (hereinafter called "Customer") who intends to use Outputz services (hereinafter called "Services") provided by Cybozu Labs, Inc. (hereinafter called "Cybozu Labs") can make use of Services in accordance with the terms of use (hereinafter called "the Terms of Use). Once you (Customer) use Services, your such act constitutes your agreeing to information in the Terms of Use. The Terms of Use is subject to change without notice. We recommend you to make sure and use updated Terms of Use.


If you do not agree to The Terms of Use or the change in The Terms of Use, you are ineligible for  Services, so, please stop the use of Services immediately.

To use Services, Customer will need to install "Outputz Extension". Please check up on and make sure Licensing agreement of " Outputz Extension" before you begin to use " Outputz Extension".
When you use Services, another bylaws, guideline, policy, etc. may be added to the Terms of Use according to each specific service. So, please make sure this point before you begin to use each of Services. Please note that said bylaws, guideline and policy will constitute part of the Terms of Use.
In addition, it applies to the agreement for  The Terms of Use etc. provided on the site each link ahead for the use of the site linking ahead.
Please confirm it on the site each link ahead.

Article 1. Definitions
As used in the Terms of Use, the following terms shall have the following meaning:

"Contents" shall mean all pieces of information received and collected by Services, and information provided in Services including but not limited to photographic image and text data.
"Partner(s)" shall mean the person who licenses the use of his or her own Contents in Services to Cybozu Labs.


Article 2. Purpose of the Use
Customer may use Services solely for the purpose of viewing and using Services. Customer may not use Services in whole or in part for any commercial purposes (whatever be the form of use, reproduction, duplicating and/or copying).

Article 3.
1.Intellectual Property Rights, etc.
Copyright, trademark right, design right, patent right, utility model right, know-how and other rights concerning Services and Services' individual contents (hereinafter called "Intellectual Property Rights, etc.") will belong to Cybozu Labs and its partner(s) with the exception of contents which are sent or transmitted by Customer (hereinafter called "Posted Information"). Intellectual Property Rights, etc. concerning contents Customer has sent or transmitted on Services website will belong to Customer or its provider.
These Intellectual Property Rights, etc. are protected by law and treaty concerning copyright law, trademark law and other intangible property right. Therefore, Customer is supposed to handle these just the same as other copy right works.

2.Customer may not perform replication, reproduction, alteration, translation, adaptation, public transmission, transmittability, leasing, transfer, licensing and the right to put a film on the screen without the prior consent of the right holders for the individual contents (such as Cybozu Labs, its partner(s) and Customer who has sent or transmitted the contents).

3.In case Customer infringes on individual contents holder's intellectual property rights or information sent or transmitted by Customer infringes on a third party's intellectual property rights, portrait rights, privacy rights and any other rights, Customer is immediately responsible for such infringement, whereas Cybozu Labs assumes no responsibility for that. If Cybozu Labs suffers damage in this case, the violating Customer will be liable to Cybozu Labs for paying in full in damages.



Article 4. Prohibited Matters
Customer may not engage in acts listed below or post information or use contents that could lead to those listed:
Act offending public order and morals (antisocial activities and its propaganda activities);
Criminal action (including delivery of infected or junk or spam mail and/or chain letters or uploading and/or distributing harmful files, assisted murder, abduction of a minor and act corresponding to pyramid scheme) and action encouraging such criminal action or suggestive of its execution;
Act violating intellectual property rights held by Cybozu Labs, its partner(s), fellow Customer or a third party;
Act that is detrimental to property held by, tarnish credibility or honor of Cybozu Labs, its partner(s), fellow Customer or a third party as well as any act violating privacy rights, portrait rights or any other rights;
Offense against law or treaty whatever it may be intentional or accidental;
Act putting Cybozu Labs, its partner(s), fellow Customer or a third party at a financial or mental disadvantage;
Act giving Cybozu Labs, its partner(s), fellow Customer or a third party mental abuse and/or harassment;
Pre-election campaign, election campaign or action similar to these as well as act violating the Public Offices Election Law;
Act using Services for commercial purposes including publicity for his/her own or a third person's business operation with the exception of the case accepted by Cybozu Labs separately;
Act which is deemed to have a malign influence upon minors;
Act which is deemed to be social action relative to sex morals, religion or politics;
Act hampering the operation of Services and all other services provided by Cybozu Labs or act which Cybozu Labs considers as the one that could lead to do so;
Act which tarnishes credibility or honor of Services and all other services provided by Cybozu Labs or act which, according to Cybozu Labs, is suspected to do so;
Act infringing on provisions of the Terms of Use;
Act collecting and/or accumulating personal information;
Act which Cybozu Labs deems to be inappropriate.



Article 5. Storage and inspection of contents
Setting of retention period and that of available-for-viewing period for the individual contents are left up to Cybozu Labs' discretion.
Cybozu Labs shall assume no responsibility whatsoever for any dispute, claim or damage arising out of deletion of Posted Information and disclosure of information relative to Posted Information and Customer shall consent to this clause. Therefore, if Cybozu Labs suffers damage from any of these cases, Customer will be liable to Cybozu Labs for paying in full in damages.

Article 6. Exclusion of Liability
In operating Services, Cybozu Labs stipulates exclusion clause as listed below. Please note that Customer will use Services on his or her own responsibility and that Customer hereby confirms and gives consent that Customer will be liable for all risks relating to the use.
Waiver of contents' reliability, accuracy, usefulness, integrity and safety:
There are times Cybozu Labs will grant Customer who has consented to the Terms of Use visiting Services, followed by posting his or her contents, but Cybozu Labs does not warrant the contents and/or certain supply of Services, result of his/her access and information security;
Use of Services on Customer's own liability:
With regard to contents including Posted Information, Cybozu Labs does not warrant the reliability of its contents, accuracy, usefulness (benefits) and integrity, including the points whether of having a necessary legal right as to voluntary use method by Customer such as storage and/or duplicating of data by Customer. Therefore, Cybozu Labs does not assume liability for any trouble and/or dispute arising out of the use of Services. Use Services on your (Customer's) own responsibility. Please check up on and make sure such matters as copyright, confidentiality, defamation, preservation of decency, export law and compliance with his/her legal obligation on your own responsibility.
Liability arising from temporary interruption:
Cybozu Labs may temporarily discontinue provision of its service without notice to Customer by reason of the following and in such case, Cybozu Labs will assume no liability for the discontinuation of such service:
[1]when Cybozu Labs provides maintenance, checkup and/or repair of the system;
[2]when Cybozu Labs is rendered unable to provide its service due to fire or failure of power supply;
[3]when Cybozu Labs is rendered unable to provide its service due to act of God and so on;
[4]when operation or technology prevents Cybozu Labs' supplying Services temporarily.

Article 7. Customer Liability
Cybozu Labs will never be involved in any complaint or claim arising out of use of Services by Customer or in relation to Customer's connecting to Services, a violation of the Terms of Use or an infringement of a third person's rights by Customer. In such case, Customer shall solve the issue at his/her expense and on his/her own responsibility. In case any expense is incurred in Cybozu Labs for the purpose of coping with said complaint or claim or Cybozu Labs was obliged to pay monetary damages, Customer shall pay to Cybozu Labs to reimburse said expense and/or monetary damages (including attorney's fee which Cybozu Labs advanced on behalf of Customer).

Article 8. Change or Termination of Services
Cybozu Labs may change the details of Services without notice to Customer, and Customer shall consent to such change.
Cybozu Labs shall not be liable for any disbenefit or damage caused to Customer resulting from deletion of contents denial of access to contents and/or Posted Information, termination of a specific service.
Cybozu Labs may bring Services to a stop or end it without notice to Customer. And in the event Cybozu Labs stops or ends Services, Cybozu Labs will not be liable to Customer for any damages.


Article 9. Halt and/or Discontinuation of Use
Cybozu Labs may bring the supply of Services to a halt without notice to Customer in case Customer falls within any of the following categories:
when Customer infringes on any of the provisions of the Terms of Use;
when Customer is in danger of causing damages or defamation to Cybozu Labs, linked site and a third party.
Services may be changed or discontinued without notice to Customer. Please note that Cybozu Labs shall assume no liability for any damage (either directly or indirectly) arising thereby.


Article 10. Governing Law and Jurisdiction
The Terms of Use is governed under the laws of Japan without giving effect to any principles of conflicts of laws. If any dispute should arise in relation to the Terms of Use, the Tokyo Summary Court or Tokyo District Court has competent jurisdiction of the first instance depending on the amount claimed.

2008
Cybozu Labs, Inc.