Terms of Service
The following terms of service (hereinafter referred to as the "TOS") are the terms that apply to the use of the programming learning and programming work sharing service "Paddle" (hereinafter referred to as the "Service") provided by ProKids Inc (hereinafter referred to as the "Company"). TOS describes in detail rights and obligation relating to the provision of the Service, so please review TOS carefully.
Article 1 (Application)
The aim of TOS is to determine the conditions of provision of the Service, and TOS shall be legally binding upon each user who uses the Service (the "User").
2 Separate guidelines, usage rules, and manuals regarding the Service shall constitute a part of TOS.
3 In the event that the content of TOS differs from the description of the guidelines etc. in the preceding paragraph, the provisions of TOS shall take precedence.
Article 2 (Definition)
In TOS, the terms listed below are used respectively with the following meanings.
·"Service" means programming learning and programming work sharing service "Paddle", developed and operated by the Company.
·"User ID" is an ID for using the Service provided by the Company.
·"User information" means information about Users requested by the Company when registering the Service.
·"Posting" means programming works, comments, profiles and data posted incidentally such as images, movie files, sound files in the Service.
Article 3 (User)
Before Users start using the Service, Users shall register for use with the Service and obtain user ID and login password.
2 Users shall register the User Information when registering the Service. Users shall agree on the following items regarding the User Information.
(1) User Information registered is continuously updated and accurate and is revised and updated without delay whenever it is modified.
(2) In the event that the User Information is inaccurate, the Company may temporarily suspend the use of the Service or cancel Users' qualification without notice to Users.
(3) Users shall accept that Users will be unable to use the other services of the Company that require the User ID, when Users' qualification for the Service is canceled.
3. The Company may not provide the Service when the User falls under any of the following events:
(1) In the event that the Company determines that the User is a person who has violated the contract with the Company in the past or a related person
(2) When the Company judges that Users are Anti-social forces (meaning Gangs, Gang quasi-members, organizations or companies equivalent to them, the same shall apply hereinafter), or maintaining anti-social forces through funding.
(3) When the Company judges that there is a risk of using the Service for purposes of soliciting political, political parties, religion, and the like.
(4) In addition to the previous items, when the Company judges that the use of the Service is not appropriate.
4 If the User is underage people, please use the Service with parental or guardian's consent. The Company agrees that if underage people agree to TOS and carries out the User’s registration, parental or guardian's consent has been made.
5 When the Company finds that Users have violated TOS, the Company may cancel Users’ qualification.
Article 4 (User ID)
The Company shall deliver to Users User ID and password (hereinafter referred to as "ID") necessary for Users to use the Service, and Users shall, in its own expense and responsibility, ID, have all responsibility for the management of the ID.
2 The use of the Service conducted using ID was treated as made by Users who were assigned ID from the Company regardless of the actual user.
3 E-mail address and other information registered to obtain ID shall be accurate and legal.
4 ID is for personal use and prohibit to assign or rent in any case.
5 If ID leaks to a third party, or ID is used by a third party, please contact the Company immediately. The Company is not responsible for any losses or damages caused by unauthorized ID caused by User's actions.
Article 5 (User's Responsibility)
In order to use the Service, it is necessary to access the Internet. Users shall prepare all the equipments necessary to use the Service such as terminal equipment, telecommunication equipment, premises wiring or any other peripheral devices with its own expense and responsibilities.
The Company is in no way concerned with or responsible for User's access environment and is not responsible for preparing and operating these devices.
2 When contacting the User, the Company shall contact Users by e-mail addressed to the e-mail address of the User information. Users shall maintain the registered e-mail address information correctly so that Users can receive e-mail from the Company. When the User cannot receive the e-mail for some reason, Users shall promptly change the registered e-mail address appropriately. The Company assumes that
Users are responsible for the disadvantage due to failure to receive e-mail from the company and the Company shall not take any responsibility.
3 User have responsibility for all the information disclosed in the Service, including texts, codes, sounds, videos, images and information attached to images, and personal information. The Company shall not assume any responsibility for the contents of information disclosed by Users in the Service.
4 In the event that Users violate another's honor, infringe the privacy right, conduct an act in violation of copyright law, or infringe another person's right, Users shall resolve in his / her own responsibility. The Company shall not take any responsibility.
5 In the event that a disadvantage arises as a result of the use of information and programs that others and Users posted and commented on the Service, Users are responsible to themselves. The Company shall not assume any responsibility.
6 In the event that a dispute arises with a third party due to the information disclosed by Users themselves, Users shall resolve it on their own responsibility and shall not cause any nuisance or damage to the Company.
Article 6 (User Posting)
Users represent and warrant that about Posting by using the Service, Users own and control all of the rights to the Posting, and represent and warrant that the Posting Users supply does not violate TOS, and will not violate any rights of or cause injury to any person or entity.
2 Users shall grant to the Company the right to use (including reproducing, alteration, sublicensing to a third party, and any other use) free of charge for Posting. The scope of the license to the Company shall include sub-licensing the use of the Posting to other users through the Service. In particular, Users permit the program posted on the Service’s website to be used regardless of whether other users are commercial or private, and the other users can use it. Therefore, Users can edit, modify, and duplicate Posting in a manner determined by the Company.
3 In the license set forth in the preceding Article, there shall be no regional restrictions, obligation to display copyright and other accompanying conditions, and the license period for the Company continues even after the end of Users' qualification to use the Service, for the duration of the right of Posting.
4 the Company or a third party entrusted by the Company may use and publish Posting on the Service’s website of the Company or a third party. In this case, we can summarize, extract, resize, crop and modify Posting. In addition, Users acknowledge that the Company may display user information when using Users’ Posting.
5 Notwithstanding the provisions of this Article (2) to (4), Users can make a post in compliance with the license specified below. In this case, the rights of Posting shall be in accordance with the provisions of the license, and Users warrant that the Posting does not violate the license.
6 The Company is not responsible for any damages caused by the Company’s or any other users’ use of Posting of Users.
7 The Company may save the Posting at our sole discretion and if the Company deems it necessary, the Company shall delete or modify the saved Posting without obtaining approval from Users. Users may not claim any objection
8 In the event that the Company hosts a contest or consigns a part of a contest, and Users submit an entry to the contest, the Company may provide posting or user information to the organizer or co-owner of the contest.
Article 7 (Prohibited matter)
In using the Service, Users shall not conduct any of the following acts:
(1) Acts that violate TOS
(2) Registration acts without consent of their parent or other legal guardian
(3) Acts causing false or error information to be registered
(4) Acts actually or likely to be contrary to laws, regulations, or any similar activity
(5) Disassemble, decompile, reverse engineer, and other acts that analyze the source code, structure, idea of the Service.
(6) Acts of causing disadvantage or damage to other Users, the Company or third parties
(7) Discrimination, defamation or acts which are detrimental to the honor or credibility of a third party
(8) Infringement on intellectual property rights or any other rights of other Users or third parties
(9) Acts that violate privacy
(10) Acts contrary to public order and morality
(11) Acts of putting excessive burden on the network or system of the Service
(12) Acts that may interfere with the operation of the Service
(13) Acts of unlawfully accessing our network or system, or attempting unauthorized access
(14) Acts aimed for profit relating to the Service without the Company’s approval
(15) Giving benefits to antisocial forces or the like
(16) Acts that promote the act, knowing that the acts correspond to any one of the foregoing items
(17) Otherwise engaging in acts which are deemed unsuitable by the Company;
Article 8 (Discontinuance of Services)
The Company may discontinue the provision of the Services, in any of the following cases without prior notice:
· When inspecting or maintaining the computer system related to the Service
· When communication line, system cease due to accident
· When the Service can no longer be operated due to earthquake, lightning strike, fire, wind and flood damage, power failure, natural disasters, etc.
· In addition, when the Company judges that discontinuance is necessary
2. The Company shall not take any responsibility for damage caused to Users based on the measures taken by the Company under the preceding paragraph.
Article 9 (right)
The intellectual property rights of the Service are as follows.
(1) Users represent and warrant that Users retain all rights (including but not limited to patent right, trademark right, trade secret, copyright or other property rights and privacy rights including personal information, rights of portrait rights) pertaining to Postings or that Users have obtained those rights to use for Posting set forth in item (3) of this paragraph from the third parties. Users shall solve the problem at Users' expense and responsibility and shall not cause any inconvenience or damage to the Company.
(2) Users shall not exercise the moral rights of author defined in Articles 18 to 20 of the Copyright Act, and shall not let the third party exercise those rights to the Company.
(3) The rights of Posting defined in Articles 21 to 28 of the Copyright Law are reserved to Users or the third parties. Users grant us a world-wide, royalty-free, perpetual, assignable, fully sub-licensable and non-exclusive license to display, edit, reproduce, reprint, distribute, public transmit Posting in connection with the Service. In addition, when the Company judges that Posting is useful, Company has the same right above on that Posting (including the case of creating and using derived works such as publication, video, translation, electronic book conversion).
2. Even when the Company shall display, edit, copy, reprint, distribute, publicly transmit the Posting based on the license under the preceding paragraph (3), the Company may display Users’ name, or other information.
3 Notwithstanding the provisions of this Article, in the case of paragraph 5 of Article 6, the Posting shall be handled in accordance with the license.
4 The Company shall not assume any responsibility even if damage is caused to Users or third parties regarding the use of Posting.
5 The Company may process and sell information on data related to the use of the Service.
6. Users shall not transfer, succeed or otherwise dispose of any rights or obligations under TOS to any third party without the prior written consent of the Company.
Article 10 (Personal information)
The Company shall use personal information of Users acquired with respect to the Service to the extent necessary for providing the Service and will handle it appropriately according to the Personal Information Protection Act.
Article 11 (Change and termination of contents of the Service)
The Company may modify the Service often. We may also need to discontinue the Service from time to time. You understand and agree that we may modify or discontinue the Service, with or without notice to you.
2 The Company shall not be liable to Users or any third party for any modifications made to, or the discontinuance of, the Service.
Article 12 (Indemnity)
The Company does not assume any responsibility for direct or indirect damages resulting from the use of the Service.
2. The Company shall not be held liable for any damages incurred or induced by the contents of the Service, matters arising from the use of information, or the legitimacy and appropriateness of the information itself.
3. The Company shall not be liable for any damages arising on Users based on delayed or undelivered e-mails due to faults in communication lines, systems for providing the Service, erroneous indications on the website of the Service and any other causes, the Company shall not bear any obligation to compensate.
4 Although every effort has been made regarding the contents of information posted on the Service, the Company shall not guarantee the accuracy and safety of its contents of the Service.
5 Information posted on the Service may be changed or deleted without prior notice.
6 The Company may limit, set or change the scope of the Service for each User within reasonable scope.
Article 13 (Changes in TOS)
From time to time, the Company may modify TOS without prior notice.
2. When TOS has been modified pursuant to Paragraph 1 of this Article, the Company shall notify Users of the amended TOS using an appropriate method.
Article 14 (Compensation for Damages)
In cases where another user or a third party suffers damage due to a Users’ use of the Service, Users involved shall resolve the issue by their own responsibility and expense.
2 If Users causes damages to the Company through an act which violates TOS or an unjust or illegal act, then the Company may make a claim against such Users for appropriate indemnification of the damages.
Article 15 (Governing Law and Jurisdictional Court)
TOS shall be governed by the laws of Japan, without respect to its conflict of laws principles.
2 Any claim or dispute between Users and Company that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the Tokyo District Court.
3 If one or more of the provisions contained in TOS is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.
Article 16 (Original)
The original of TOS shall be the Japanese version, and TOS shall be construed based on the Japanese version.
Updated [June/DD], 2018.