- GIMME FIVE Co., Ltd.
THIS ENGLISH VERSION OF USER AGREEMENT IS PREPARED FOR CONVENIENCE ONLY. IN THE EVENT OF ANY CONFLICT OR INCONSISTENCY BETWEEN THE JAPANESE AND ENGLISH VERSIONS, THE JAPANESE VERSION SHALL PREVAIL.
This agreement governs our relationships with registered user(“User”) to use Gimme Five services, and defines the rights and responsibilities between Users and the Gimme Five kabushiki gaisya (“ the Company”). All Users shall use our service in accordance with this User Agreement. When Users register to our services, Users are deemed to have agreed to this User Agreement.
By a registered user of Gimme Five (“User”) we means a individual or a corporation who register an account to use our services in accordance with this User Agreement and procedure which are defined and approved by the Company.
Section2 User registration
- 1. User Registration
- You can register Gimme Five service through iPhone/Smartphone application.
- 2. Rejection of registration
- We may reject a User registration as following cases.
- When Users provide the necessary registration, it becomes clear that Users do not provide genuine, accurate information and intentionally do not provide complete information.
- The Company my reject a User’s registration if the User’s account is deleted because of violation of User Agreement or other reasons.
- Users have clearly defaulted any obligation to the Company such as fee payment.
- The Company may reject Users’ registration if the Company believes that the User registrations are inappropriate.
- 3. Completion of User Registration
When you complete User registration, Users can us their own mail addresses for LOGIN ID for Gimme Five service. User can set password at their own discretion.
- 4. Begin to Use Service
- ’s authentification of their LOGIN IDs and passwords, Users can use Gimme Five services.
- 5. LOGIN ID and Password
’s usage. We will not bear any responsibility for above-mentioned User’s failure.
- 6. Misuse of LOGIN ID etc
When Users recognize that their LOGIN IDs or passwords are stolen, or misused by the third party, Users shall immediately tell us the fact and be subject to the Company’s instruction.
Section3 Usage Condition
- 1. Technical Condition
“Computers and other devices”) for using Gimme Five service at their own responsibility and own expenses.
- 2. Software Installation
If Users install Gimme Five software to their computer and other devices through downloading from marketplaces such as AppStore, Users shall take full responsibility to execute the installment, and we shall not bear any responsibility if the installation causes any malfunctioning and other damages to their computer and other devices.
If Users use Gimme Five services, Users shall not act in the following way.
- Activities that infringe other Gimme Five Users’ intellectual property rights, image rights, privacy and all other rights.
- Activities that may hinder public order or customs, and any other unlawful activities.
- Activities that transmit computer virus and other information which contains the harmful computer program.
- Activities that may hinder the service operation of the Company.
- Activities that are deemed by us to be inappropriate.
We may delete all or part of the information stated in 4.1 without giving prior notice to the Users if we believe that the User may violate the 4.1. We shall not bear any responsibility for the damage caused by our action.
Section5 Account Deletion
If we believe that the User is violating in the following ways, we may suspend or delete the account without giving prior notice to the User.
- User violate any clause of the User Agreement
- User file the false information at the time of registration.
- User fall into insolvency or legal restructuring procedure such as bankruptcy.
- User’s account has been inactive for 12 month or more since its last activation.
- We can not send email for confirmation, and Users will not respond to our email.
- Upon Users’ registration request, we reject the request based upon the fact in 2.2.
- Other situations that are deemed by the Corporation to be inappropriate to maintain the User’s account.
We shall not bear any responsibility for the damage caused by our action stated in Section 5.1.
Users may delete their account and withdraw from using the service at any time, with 1 day advance notice to the Company.
Section6 Personal Information
- 1. Personal Information
We collect Users’ personal information stated in 6.2 with necessary protection measure , and shall use the acquired personal information for the purpose stated in 6.3.
- If Users will not provide all necessary information upon registration, and will not agree the clause stated in 6-1, we may reject the Users’ registrations and delete the account even after registration at our own discretion.
- 2. We collect the following Users’ personal information.
- LOGIN ID and registration information(Name, Employer, Title, Phone Number, E-mail address, Log information for all above.)
- Log information for exchange and registration of Gimme Five service.
- Inquiries from Users
- IP address and mobile device information, upon access to Gimme Five service on Internet.
- Location Information when using mobile device
- All other information Users provide while using new Gimme Five services.
- 3. How we use Information
- To offer a smooth Gimme Five services.
- To take over new program when we change current Gimme Five services and allied program and related project.
- To conduct research and analysis of User behavior.
- To provide information regarding the relevant services and product information to Users based on Users’ behavior analysis through email and other communication methods.
- To respond appropriately to Users’ inquiries and complaint.
- For other purposes which are related to the purpose stated in Section6- 4(1) to (4). As for the purpose stated in Section6-4(4), we can use Users’ personal information even after the User’s account is deleted.
We entrust some of business operations, in whole or in part, to a trustee. In such circumstances, a trustee will use personal information for the purpose of entrusted assignment, so will sign a confidentiality agreement.
Users may, through the procedures determined by the Company, send the Company a request for the disclosure of personal information.
- 4. Security of Personal Information
- We use users’ personal information, to the extent of purpose stated in this User Agreement and keep it in an accurate and latest form. Personal information will be secured in accordance with METI(Ministry of Economy, Trade and Industry)’s “Guideline for Personal Information Protection Laws Concerning Fields of Economy and Industry,” to handle information leakage loss and damage risk. Technically and organizationally, we take reasonable and strict security measure.
- We do not guarantee that Gimme Five service are free from flaws of integrity, usability and others.
- We reserves the right to modify Gimme Five service at our own discretion at anytime without any prior notice to the User in force-majure circumstance including communication infrastructure failure.
- We do not guarantee any integrity, accuracy, certainty and effectiveness of information Users get through Gimme Five service.
- If Users use a password while using Gimme Five service and we confirm it in accordance with our authentication system, we may treat all activities conducted with the password as activities that have been conducted by the holder of the password. We shall not be responsible for any damage caused by misuse of stolen password by third party other than Users.
- Users shall provide accurate and complete information while using the service, and keep such information up-to-date. We shall not be responsible for any damage caused by the failure of updating such information by Users.
The compensation for ordinary damages in respect to our contractual default or act of tort due to our negligence (except for gross negligence) shall be limited to the total amount of received fees from the Users in the particular calendar month in which such damage occurred.
Section9 Intellectual Property and others
Users can only use Gimme Five service in accordance with the User Agreement. Intellectual property and all other rights will belong to the Company.
Users hereby grant to us an royalty-free, non-exclusive license (including the right to copy, publicly display , transmit, display, translate, alter). Users agree not to exercise their moral rights of author to user contributed data.
- 1. Advertisement
- We reserve the right to provide Users with advertisements for the Company or a third party, through the Gimme Five service.
- 2. Governing Law
- The User Agreement will be governed by the laws of Japan.
- 3. Jurisdiction
- Conflicts that arise from the service or conflicts between Users and the Company related to the service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.
- 4. Modification of the User Agreement
We may modify the User Agreement when we deem necessary, without prior notice to Users. The modification will become effective once the modified User Agreement are posted on our website http://www.gimme5.co.jp.
Users shall be deemed to have granted valid and irrevocable consent to the modified User Agreement by continuing to use the service. Users shall refer to User Agreements on a regular basis or call support center.