This agreement (hereinafter referred to as “Agreement”) details the terms and conditions between users and BitMeister Inc. (hereinafter referred to as “Company”) for the use of the smartphone application muBe (hereinafter referred to as “Application”), all content (hereinafter referred to as “Contents”) related to the Application such as writings and audio-visual media, and the service (hereinafter referred to as “Service”) provided by the Company.
1.1 The Service provides, through the Application, information related to exhibitions to users of facilities that hold exhibitions such as museums, art galleries, zoos, and science museums. Said information is provided to users as Content.
2.1 The Application provides the Service to users by (i) having users download the Contents, (ii) having users upload the user information described in Article 3, and (iii) having users communicate the above-mentioned information to a server on the Internet from users' mobile devices such as smartphones.
2.2 Users shall make the necessary arrangements such as means of communication and power in order to enjoy the Service.
2.3 The Company reserves the right to suspend, terminate, or modify part of or the entire Service when deemed necessary any time without previous notification to any user.
2.4 In the event that the information provided by the Service is different from the information provided by attendants of the facilities, the information provided by attendants of the facilities shall take precedence.
3.1 The Service shall respect users' privacy and shall not collect any information which may identify users individually unless users voluntarily input said information themselves.
3.2 At the time of installation of the Application, the Application shall automatically generate a random ID which has no relation to users or their devices.
3.3 The Service shall use the information specified in Article 3.2 as information which cannot identify users individually.
3.4 The Application shall communicate users' information, which cannot identify users individually, through the Internet to the Company's server and store said information in order to grasp users' location information.
3.5 The Service may at times provide users' stored information, which cannot identify users individually, to partner facilities such as museums, art galleries, zoos, and science museums.
3.6 The Service may at times disclose users' stored information, which cannot identify users individually, to the Company and partner facilities such as museums, art galleries, zoos, and science museums for purposes such as academic research, academic papers, the understanding of the facilities' uses, and marketing. The Service may at times disclose said information to academic papers in the form of statistical data.
4.1 The Company reserves the right to specify the Service's properties such as the scope and the software environment of the devices on which the Application runs on.
4.2 The Service requires the use of Internet communication and is not available in any other circumstances. Therefore, the Company shall not, under any circumstances, guarantee the functionality of the Service to users who do not meet the above-mentioned requirements, including the software operating environment.
4.3 The Company shall not guarantee under any circumstances the Service's accuracy, completeness, usability, or reliability.
4.4 The Service shall not deliver urgent information. In the event of an emergency, users shall oblige to the instructions, announcements, and notifications of the attendants of facilities such as museums, art galleries, zoos, and science museums.
5.1 The Company reserves the right to modify part of, or the entire Agreement when deemed necessary at any time without previous notification to any user.
5.2 The Company shall publish any modifications to the Agreement on the Company's website and said publication shall be deemed and taken to be a notification for users. Should users who continue to use the Application after said publication, users shall be deemed to have consent to said modifications.
6.1 The Company owns the copyright and other intellectual property rights of the Contents, which include third party content used in the Service. The Company has acquired licensing from said third parties.
6.2 The provider of third party content owns the copyright and other intellectual property rights of said content. Therefore, users shall agree to use the Service and said third party content included in the Contents, under the policy on copyrights and other intellectual property rights related to third party content.
7.1 The Company or a legitimate third party owns copyrights, authors' personal rights, patent rights, trademark rights, and the intellectual property rights of the Service and the Application. The Company shall not, under any circumstances, grant any rights to users excluding circumstances clearly specified in the Agreement.
7.2 The Service has acquired permission from the Content's copyright owners to provide said Content to users. The Content's rights and any other related rights are not transferrable.
7.3 The Company shall grant users non-exclusive and non-relicenseable rights of the Application.
7.4 Users shall, in addition to the terms specified in the Agreement, (i) not reproduce, adapt, modify, sell, loan, distribute, (ii) enable transmission, public transmission, or (iii) reuse licenses of or engage in business with the Application or the Contents in any circumstances unless permission to conduct said activities is acquired from the Company or a legitimate third party.
7.5 Users shall not decompile, disassemble, reverse engineer, or engage in any other analytical activities of the Application.
7.6 Users shall not transmit, falsify, or modify harmful data to the Service's system.
7.7 In the event that the Service, Application, or the Contents are updated, the terms specified in the Agreement shall apply unless otherwise specified.
8.1 In the event that users infringe any term specified in the Agreement, or the Company deems that users have used the Service for purposes other than the purposes of use specified by the Company, the Company reserves the right to terminate the use of the Service by said users without delay.
8.2 Users who fall under the terms specified in Article 8.1 shall destroy all the components of the Software and any copies of said Software.
9.1 Users shall not use the Application for the purposes of designing, manufacturing, or using weapons of mass destruction such as nuclear weapons, biological weapons, and missiles. Furthermore, users shall not use the Application for any purpose beyond the scope specified in the Agreement.
10.1 The Company reserves the right to suspend, terminate, and modify part of or the entire Service when deemed necessary any time without previous notification to any user.
10.2 In the event that the agreement between users and the Company is cancelled under the terms specified in the Agreement, or the Service is suspended or terminated, each provision in the Agreement is independent and shall continue to be valid independently.
11.1 The Governing Law of the Agreement shall be the Japanese Law.
11.2 Legal action or proceedings arising from the Service or the Agreement shall be subject exclusively to the jurisdiction of the court of first instance of Saitama District Court.
Date of last revision: June 9, 2016