FreshVoice Webinar / FreshVoice Lite / DD Terms of Service
EFFECTIVE DATE OF TERMS OF SERVICE: AUGUST 21, 2017
Article 1 (Introduction)
1. These Terms of Use set forth the terms and conditions for using all the services (the “Services”) provided by Anet Co., Ltd (Anet) on this Website. All users (the “Users”) shall use the Services in accordance with these Terms of Use.
2. In addition to these Terms of Use, methods of use or notices of the Services are indicated in the “Help” section or various guidelines in the Services. These methods of use or notices also constitute a substantial part of these Terms of Use, and should be carefully read in conjunction therewith.
3. With respect to the applications, etc. that Anet Co., Ltd provides to promote the use of the Services, the terms of use of each application shall apply in conjunction with these Terms of Use.
Article 2 (Definition of and Registration as a User)
1. The term Users in the Services collectively refers to Registered Users and Guest Users.
2. Registered Users refers to an individual who has entered and transmitted necessary data in a User registration form and has been approved by Anet Co., Ltd.
3. Those who have completed the procedure for User registration and tentatively registered as a User shall complete a final registration within one (1) month after he/she has completed the tentative registration. If the User fails to complete the final registration within one (1) month after the completion of the tentative registration, such User’s tentative registration may become null and void.
4. Guest Users means any person who uses the services which are available to him/her without completing the User registration set forth in the preceding Paragraph, including viewing and searching, and includes any person who uses the services which are approved by Anet Co., Ltd via the authentication system of the external services, and any person who access the services through mechanical means including crawling by systems.
5. In any of the following circumstances, Anet Co., Ltd may, at its own discretion, (i) refuse to give approval for User registration in respect of any person who wishes to be registered as a User, or (ii) restrict the use of the Services, in whole or in part, or cancel a User registration and disallow the use of any and all the Services thereafter in respect of any person who has already been approved by Anet Co., Ltd for User registration. Anet Co., Ltd shall assume no liability for damages suffered by any User or any third party resulting therefrom.
a. Where any false information is provided in the User registration;
b. Where the User himself/herself fails to change the information on the User registration in the event of any changes thereto after the completion of the User registration;
c. Where the User breaches these Terms of Use;
d. Where the User fails to use the Services for a certain period of time notwithstanding that he/she has been registered as a User;
e. Where Anet Co., Ltd determines that the User falls under the category of anti-social forces (an organized crime group, a member of an organized crime group, a related company or association of an organized crime group or its related parties, or any other anti-social forces or persons equivalent thereto; hereinafter the same.), or determines that the User cooperates or is involved with anti-social forces by providing funds or by any other means; or
f. Where the User engages in any other act which is determined to be inappropriate by Anet Co., Ltd
6. In any of the following circumstances, Anet Co., Ltd may, at its own discretion, restrict the use or prohibit access by a Guest User. Anet Co., Ltd shall assume no liability for damages suffered by the User or any third party resulting therefrom.
a. Where the Guest User commits any illegal act including an unauthorized access;
b. Where the Guest User impedes the operation of the services such as by placing overloads;
c. Where the Guest User commits any prohibited act set forth in Article 6 (Prohibitions) of these Terms of Use, including sending of spam and involvement in harassment; or
d. Where the Guest User engages in any other act which is determined to be inappropriate by Anet Co., Ltd.
Article 3 (User's Name and Password)
1. A User who is registered as a User may hold a main account. A User's name and a password will be established for the account.
2. The User shall be responsible for managing his/her own User's names and passwords.
3. Any act conducted using the User's name and password shall be regarded as the act of the User who holds the user name.
4. A Registered User shall only be allowed to have one main account per person unless otherwise permitted by Anet Co., Ltd. Email address and other information registered by the User to obtain a User name and password must be accurate and legitimate.
5. User's names and passwords are for individual use, and the User is prohibited from transferring or lending them in any circumstances.
6. The User must contact Anet Co., Ltd immediately if the User's name or password is leaked to a third party or is used by a third party. Anet Co., Ltd shall assume no responsibility and shall not be liable for any and all loss and damage incurred by the User as a result of an unauthorized use of the User's name or password caused by the acts of the User.
7. Anet Co., Ltd may, when it deems necessary, delete the User's names and passwords, and prohibit the use of the Services in respect of a certain Registered User.
Article 4 (Privacy)
1. Anet Co., Ltd shall acquire from the User minimum information required for the provision of the Services. Anet Co., Ltd shall pay utmost care to the protection of privacy information acquired from the User. For the details of Anet Co., Ltd's policy on privacy, see Anet Co., Ltd's Privacy Policy.
Article 5 (User's Responsibility)
1. The User is required to access the Internet in order to use the Services, and is required, at his/her own responsibility and expense, to prepare, install and operate any and all equipment, software, communication tools necessary therefor in an appropriate manner. Anet Co., Ltd shall not be involved in the Internet access environment of the User, and shall not be responsible for the preparation and operation therefor.
2. If Anet Co., Ltd needs to contact the Registered User, it shall contact the User by means of sending emails to the User's registered email address. The Registered User shall properly update his/her information in respect of his/her registered email address so that he/she can receive emails from Anet Co., Ltd. The Registered User must promptly change his/her registered email address in an appropriate manner if he/she can no longer receive emails at such email address for any reason. The User shall be responsible for any detriment suffered by him/her resulting from the failure to receive emails from Anet Co., Ltd, and Anet Co., Ltd shall not be liable therefor.
3. Each User shall be liable for all information disclosed by him/her under the Services including text, sound, video, images, information attached to images, personal information and location information. Anet Co., Ltd shall assume no liability for the details of information disclosed by the User under the Services.
4. If the User defames others, infringes any privacy right of others, engages in any act in violation of the Copyright Act, or otherwise infringes any right of others, such User shall, at his/her own responsibility and expense, settle the issue, and Anet Co., Ltd shall not be liable therefor.
5. If there appears to be any person who claims to have suffered inconvenience as a result of the information disclosed by the User, such User shall, at his/her own responsibility and expense, settle the issue, and Anet Co., Ltd shall not be liable therefor.
Article 6 (Prohibitions)
1. In using the Services, the User may not engage in any the illegal acts, including but not limited to the following:
a. Any act which infringes intellectual property rights including copyrights and patent rights;
b. Any act which infringes the privacy of others;
c. Any act that is defamatory, libelous or impedes the business of others;
d. Any fraudulent act;
e. Any act to establish a Ponzi scheme (pyramid scheme) or solicit and/or operate the same;
f. Any act in violation of the Act on the Prevention of Unauthorized Computer Access, any act defined in the Obstruction of Business by Damaging a Computer (Penal Code Article 234-2), and illegal access and manipulation of data in computers owned by Anet Co., Ltd and others; and
g. Any other criminal acts or acts in violation of laws and regulations.
2. When using the Services, the User shall not engage in socially inappropriate acts, including but not limited to the following:
a. Giving an advance notice of a crime, providing instructional information about criminal activities, or taking actions that may initiate a crime;
b. Using any discriminatory expression based on race, nationality, religious belief, gender, social status, place of residence, physical characteristics, medical history, education, assets, income or the like;
c. Disclosing any ethically vulgar, harmful, or rude contents or offensive subject matter that promotes hatred, or information pertaining to pornography, prostitution or adult entertainment businesses;
d. Causing nuisance, harassment, slander or defamation of another person, or mental anguish or financial loss without legitimate right;
e. Impersonating another person, company or group, or using the name of a particular company or group without permission. Claiming to be a fictitious person, company or group, or falsely claiming to have a business association or cooperative relationship with a person, company, or group despite there being no such fact;
f. Pretending to be another person to use the services, or falsification of information;
g. Promoting the activities of anti-social forces, or providing benefits to anti-social forces; and
h. Such other acts, in addition to the above, which disturbs public order and morals or is perceived as socially inappropriate.
3. In using the Services, the User shall not engage in any inappropriate act, including but not limited to the following:
a. Making advertisements or solicitations for promotional or commercial purposes, except as separately set forth by Anet Co., Ltd in the Help section of each Service;
b. Performing search engine optimization by means not allowed by search engines;
c. Sharing the User's name, holding multiple main accounts without permission of Anet Co., Ltd.
d. Using a User name that is offensive or misleading to the others, or using a User name that is identical with or similar to Anet Co., Ltd or others, or a company's name, group's name or product name generally known and that could be misleading;
e. Continuing the use of the Services without reasonable grounds notwithstanding that he/she has been warned and cautioned by Anet Co., Ltd for acts which are against the guidelines of the use of the Services, inappropriate under general social convention or which may trouble a third party;
f. Diverting, selling, or re-selling the Services without the consent of the Company;
4. In addition to the acts set forth in each Paragraph above, the User shall not engage in acts which are determined to be inappropriate by Anet Co., Ltd.
Article 7 (Anet Co., Ltd's Property Rights)
1. Anet Co., Ltd shall hold the property rights for the information, services and software included in the Services.
2. All the software used in the Services includes property rights and trade secrets protected under the laws and regulations in relation to intellectual property rights.
3. The User shall have the copyright in respect of any article created by him/her in FreshVoice Webinar.
4. For the purpose of providing the Services, promoting the use, and advertising and promoting the Services, Anet Co., Ltd may, on a non-exclusive basis and at no charge, post and distribute the information sent by a User holding the copyrights to the Services in a manner described below, and the User shall accept Anet Co., Ltd doing so.
a. Posting on the Website;
b. Posting on the client software by using the Internet;
c. Disclosing and distributing as an API or RSS feed; and
d. Providing as academic research data.
5. If the User intends to transfer any copyright of the information sent to the Services held by such User to a third party, the User shall have such third party to agree with the details of this Article, and may not transfer the copyrights unless the User obtains the consent from the third party.
Article 8 (Disclaimer)
1. Anet Co., Ltd shall exert its utmost efforts to make the Services useful to all Users. Anet Co., Ltd shall not be liable for any and all damages incurred by the User or others resulting from or due to defects, suspension, partial deletion, changes and termination of the contents of the Services, unless it is caused by a willful act or gross negligence on the part of Anet Co., Ltd.
2. A significant portion of the information disclosed on the Services is disclosed by the Users, and Anet Co., Ltd shall not be responsible for monitoring the Services. Anet Co., Ltd shall not be liable for any and all damage incurred by a User or others resulting from the use of the Services by the User, unless it is caused by a willful act or gross negligence on the part of Anet Co., Ltd.
3. Notwithstanding that Anet Co., Ltd is not responsible for monitoring the Services, if a User commits any act or discloses any information which is in breach or likely to be in breach of these Terms of Use, Anet Co., Ltd may delete such information, change the place of information being posted, exclude such information from the target of the crawler patrol of external websites, or cancel the registration of the Registered User who committed the relevant act. In addition, Anet Co., Ltd may notify the police when the User discloses any information which is likely to cause imminent danger, in particular, to the life, health, or property of an individual including disclosing advance notice of crime. In such cases, the User may not make any objection to the measures taken by Anet Co., Ltd.
4. Anet Co., Ltd shall not be responsible for the legality, morality, copyright permission, credibility or accuracy of the information disclosed in the Services and the services provided by the links contained in such information. Furthermore, Anet Co., Ltd shall not
be responsible for the availability of the links contained in the said information.
5. Anet Co., Ltd shall not be liable for any and all damage suffered by the User including any disputes with the other Users or any third party, slandering and defaming, harassment, fraud and stalking behavior as a result of the User disclosing information at his/her discretion, unless it is caused by a willful act or gross negligence on the part of Anet Co., Ltd. Each User shall pay the utmost care and exchange information with the other Users or any third party at his/her own responsibility.
Article 9 (Changes to Terms of Use and Services)
1. Anet Co., Ltd may revise these Terms of Use without prior notice. Anet Co., Ltd does not notify the User of the changes individually. When using the Services, the User should refer to the latest version of these Terms of Use on a timely basis.
2. The contents of the Services are subject to future changes, additions, or deletions without prior notice.
Article 10 (Contact with Anet Co., Ltd)
1. Should the User lose his/her User's name and password, find others in breach of the User's compliance requirements in connection with the use of the Services, or otherwise need to make an inquiry to Anet Co., Ltd, please contact at the following email address. Should the User request for the deletion of the descriptions in the Services, please follow the claim procedure linked below:
Email address: info@worksho-live.com
Article 11 (Governing Law and Jurisdiction)
1. These Terms of Use shall be governed by the laws of Japan, and all the disputes in relation thereto shall be submitted to the exclusive agreed jurisdiction of the Tokyo District Court.
（ Established on August 21, 2017 ）