Magazine House Magazine Subscription App
Article 1. Scope of application
Article 2. Display of the Terms; changes of the Terms
- The Terms are displayed on the App and on the Website of the Company as well as by other means for a customer to access at all times.
- The Company may make additions, changes, and deletions of the Terms (“Changes”) without the consent of a customer.
- The changed Terms will take effect from the time of their being posted on the App or the website of the Company.
- A customer who uses the Service after the changed Terms are posted on the App or on the website of the Company has by so doing accepted the provisions of the changed Terms. A customer who is unable to accept the changed Terms cannot use the Service.
Article 3. Use of e-books
- A customer can purchase for a fee the right to use the e-books offered by the Service within the scope specified in this article, and can download and peruse the e-books according to the method prescribed by the Company.
- A customer can peruse the e-books offered by the Service by saving e-books on a device such as a terminal, etc., used by a customer, and can also make repeat-downloads of an e-book using the Service. However, repeat-downloads of an e-book may become unavailable after a certain period has passed since the e-book was first offered.
- E-books offered a customer by the Service are for personal use only.
- A customer shall agree that if the App is deleted, uninstalled, or the device in use is changed by a customer, an e-book for which previously a right of use was acquired may cease to be available for use.
- The Company is not liable for any damage sustained by a customer or a third party because the App was deleted or uninstalled or because the device in use was changed.
Article 4. Service usage fees
Article 5. Copyrights, trademark rights
- Copyrights to all copyrighted works such as data, images including photographs, information, writings, spoken language, and software, etc., on e-books offered by the Service and on the App belong to the Company or a third party such as the provider, etc., of a copyrighted work.
- A customer may not use a copyrighted work as specified in the preceding paragraph beyond the scope permitted by the Terms, the respective conditions of use, and the scope of reproduction for private use permitted under the Copyright Act.
- All trademarks, service marks, and logos, etc., included in the Service are registered trademarks or brands of the Company or third parties such as e-books providers. None of the aforementioned may be used by a customer without permission.
- A customer may not permit a third party to perform any act contravening the above provisions.
Article 6. No transfer, etc.
Article 7. Prohibited matters
- Transfer, copy, lend, publicly transmit, or make any other use not permitted by the Company with respect to an e-book offered by the Service.
- Engage in an act that infringes or may infringe on an intellectual property right such as a copyright or trademark right, etc., of the Company or of a third party.
- Without the prior permission of the Company, engage with respect to an e-book offered by the Service in use beyond the scope of personal use, such as permitting perusal and use by an unspecified number of people at stores or business establishments, etc., commercial use such as for commercial purposes, and uses other than personal use.
- Infringe or potentially infringe on a property right, privacy right, portrait right, or any other right or interest of a third party.
- Send or display an image or document, etc., whose content constitutes obscenity, child pornography, or child abuse.
- Use the Service while impersonating a third party.
- Send a harmful computer program, etc., or keep a harmful computer program, etc., ready to be receivable by a third party.
- Without authorization, access equipment used for the Service (communication equipment, computers, other equipment, and software prepared by the Company to provide the Service; the same shall apply hereinafter), access equipment of a third party, and interfere (including potential interference) with operations.
- Reverse-engineer the App and use same for an improper purpose.
- Interfere with the operations of the Service.
- Cause damage to the reputation or the credibility of the Company.
- Cause disadvantage or damage to the Company or a third party.
- Engage in an act other than set forth in the above items that contravenes laws, regulations, the Terms, or public order and morals.
Article 8. Termination of use
- If any of the following matters applies to a customer, the Company may irrespective of a customer’s objection in part or in total suspend the use or restrict access to the Service. The Company is not liable for any damage arising to a customer or a third party as a consequence.
1) Failure to observe the Terms or any other rule established by the Company.
2) Failure to pay a fee related to the Service when due or other failure to perform a financial obligation.
3) Commission of a prohibited act pursuant to article 7.
4) Other finding by the Company to the effect that registration as a user is inappropriate.
- If the Company suffers damage due a customer’s failure to observe article 7 or because any of the conditions enumerated in paragraph 1 of this article applies to a customer, the Company shall be able with or without cancellation of this agreement to claim damage compensation from the customer.
Article 9. Self-payment for equipment, etc.
- A customer shall at a customer’s own expense and liability set up and maintain ready for use of the Service a terminal, communication equipment, a computer, software, and all other equipment necessary for using the Service.
- The Company will separately present information regarding the usage environment of the Service (“Usage Environment”).
- A customer shall agree that the Service may be unavailable if a customer’s equipment fails to conform to the Usage Environment indicated by the Company. Furthermore, a customer agrees that depending on a customer’s specific Usage Environment and computer settings, etc., the Service may be unavailable even though access occurs in the Usage Environment indicated by the Company.
- A customer shall connect to the Service via a communication service at the customer’s own expense and liability.
- A customer shall at the customer’s own expense and liability take security measures in accordance with a customer’s Usage Environment.
Article 10. Principle of personal responsibility
- A customer shall use the Service at a customer’s own risk. The Company is not be liable for any damage sustained by a customer when using the Service except in case of gross negligence on the part of the Company.
- If a problem in connection with the use of Service arises, such as a legal dispute, etc., with a third party, a customer shall directly take charge of and resolve the matter without any involvement of the Company.
- If a customer in connection with the use of the Service causes damage to the Company or a third party (including damage sustained by the Company or a third party due to a customer’s failure to perform a duty under the Terms), a customer shall at a customer’s own expense and liability reimburse the Company or the third party for incurred damage, loss, and expenses (including litigation costs and lawyer costs).
- The Company offers no warranty for the complete safety of the content of the Service such as the elimination of computer virus infection, spam mail dissemination, or cracking and other attacks.
Article 11. Temporary suspension of the Service
- In any of the following cases, the Company may temporarily suspend the Service without advance notice to a customer.
1) When performing maintenance or inspections of equipment, etc., used for providing the Service.
2) In case the Service is rendered unavailable due to natural disaster such as fire, earthquake, volcanic eruption, flood, or tsunami.
3) In case the Service is rendered unavailable due to war, civil unrest, riot, disturbance, labor dispute, terrorist act, or large-scale hacking, etc.
4) In case the Company determines that the Service needs to be temporarily suspended due to an operational or technical reason other than set forth above.
- The Company endeavors to operate the Service continuously in accordance with the specifications established by the Company, but offers no warranty that the Service will be available at all times.
- The Company is not liable for any damage sustained by a customer or a third party due to delay, interruption, or unavailability of the Service due to any of the reasons enumerated in the preceding two paragraphs or due to any other reason.
Article 12. Privacy protection, etc.
Article 13. Acquisition and use of usage information
- The Company may under the Service acquire automatically the following usage information for the smooth provision, maintenance, improvement, marketing, and dissemination of targeted advertising, etc., of the Service, and to offer the usage information by transmission to content providers.
1) Terminal model type
2) OS information
3) Geographical latitude and longitude
4) Browsing informationa) Page browsing time
b) Hyperlink (URL) click information
c) Search strings
d) Enlarged page sections
e) Display language
- A customer can block the acquisition of usage information at or after the commencement of Service usage by a customer. In such a case, a customer can still commence and continue the usage of the Service.
- The Company manages usage information strictly separately from a customer’s personal information, and in its use of information establishes no direct association between usage information and personal information.
- A customer can with respect to usage information ask questions and make inquiries by e-mail to the Company (email@example.com).
Article 14. Termination of the Service
Article 15. Dispute resolution
Article 16. Exclusive jurisdiction
Article 17. Governing law
Article 18. Platform disclaimer
2) A license for the Service granted by the Company to a customer under the Terms shall be non-transferable within the scope of the Apple Usage Terms.
3) A customer agrees that Apple is not obligated to provide maintenance or support services for the Service.
4) A customer can notify Apple if despite conformity with all warranties applicable to the Service a failure arises to the Service. Any damage that a customer may have sustained in such a case can be addressed by Apple only through a refund of the usage fee. To the extent permitted by law, Apple incurs no damage compensation liability.
5) Apple is not liable if a complaint is brought by a customer or a third party regarding the Service or the use of the Service, including but not limited to the following cases.
b) A complaint concerning failure of the Service to meet a legal requirement
c) A complaint under a statute concerning consumer protection, privacy protection, or similar statute
6) If a third party brings a complaint asserting that the Service or the use of the Service by a customer infringes on an intellectual property right of a third party, Apple will not investigate, defend against, resolve, or fulfill any obligation with respect to such complaint.
7) A customer makes the following representations and warranties.
b) That a customer is not mentioned on any list of bans or restrictions of the United States government
8) Customer inquiries concerning the Service can be made at the subscription app support desk of the Company (Magazine House Co., Ltd., Head Office, 3-13-10 Ginza, Chuo-ku, Tokyo 104-8003).
10) A customer agrees that Apple and its subsidiaries are third party beneficiaries under the Terms, and that Apple, based on a customer’s acceptance of the provisions of the Terms, has the right as a third party beneficiary under the Terms to enforce the Terms upon a customer, and that a customer will be deemed to have agreed to such right.