These Terms of Use for Search Launcher (hereinafter referred to as these “Terms”) define and stipulate the terms and conditions which shall be observed by any and all users (hereinafter referred to as the “User(s)”) who use in any way, including but not limited to accessing, browsing and posting, Search Launcher and any of its related services (hereinafter referred to as the “Services”) provided by Ateam Entertainment Inc. (hereinafter referred to as the “Company”), and the relationship between the User and the Company. In order to use the Services, the User shall be required to agree to all of these Terms and any other rules and guidelines referenced herein.
1. The Service is an Android-specific launcher application (home application) that opens target applications using search input.
2. There are both free and full (paid) versions of the Service. The free version can be used indefinitely, but the full version includes additional features.
3. The full version can be obtained through in-app purchase from within the free version. Alternatively, the full version can be installed by purchasing Search Launcher Pro.
4. When performing in-app purchases from within the Service or using Search Launcher Pro, please follow the settlement processes detailed in Article 11 of these Terms.
5. The contacts stored on the User’s device may be displayed from within the Service, but no information is collected by the Company.
Notices which will be issued by the Company to the User as stipulated in Article 5 hereof shall constitute a part of these Terms.
1. The Company may make any change(including additions) to these Terms without prior notice to the User in any of the following cases.
(i) if the change in these Terms conform to the general interest of the User; or
(ii) if the change in these Terms do not conflict with the purpose of using the Service of the User and is reasonable in light of the necessity of the change, the reasonableness of the content after the change, the content of the change, and other circumstances pertaining to the change.
2.If the Company change these Terms, the Company shall specify the time when the change takes effect, the details of the change these Terms, and take place known by an appropriate method.
1. The Company shall, from time to time, notify the User of necessary information by displaying it online or any other ways which the Company deems appropriate.
2. Such notices shall come into effect at the time the Company makes them available to the public.
3. When the Company determines that a notice or communication to the User is necessary, the Company may communicate with the User by email or any other means registered by the User.
4. When any User makes an inquiry to the Company, he/she shall contact the applicable contact point via email. In this case, the Company may not be able to and cannot guarantee a reply to all of such inquiries and there shall be no deadline for replying.
1. The User may use the Services within the scope of these Terms.
2. The Services will be used within the range of the data transfer rate of the mobile device’s telecom provider subscribed to by the User.
3. Any of fees and charges arising out of use of the Services shall be born by the User.
1. The User shall assume any and all responsibilities for his/her use of the Services and any actions taken through the use of the Services as well as their consequences.
2. If any User causes any damages to the Company or any other parities by or through use of the Services (including, but not limited to, such cases that the Company or any other parties may incur any damages due to a failure of the User to perform any obligations hereunder), the User shall compensate at its own cost and responsibility for such damages.
The User shall have an obligation to check and confirm from time to time the content notified online by the Company pursuant to Articles 4 and 5 hereof.
In using the Services, the User shall not do any of the following:
(1) any act in breach hereof;
(2) any act that any User enters or may enter false information while using the Services;
(3) any act that violates or may violate any of applicable laws and regulations;
(4) criminal acts and any act that leads or may lead to a criminal act;
(5) any act that offends or may offend public order and morality;
(6) any act of obtaining a wrongful profit through use of the Services;
(7) any act that is or may be intended to get a commercial profit through or in connection with the Services;
(8) any act that violates or may violate any copyright, trademark, patent, design right or any other intellectual property right of the Company, any of other Users or any third party;
(9) any act that alters, modifies or deletes, or may alter, modify or delete any of the Services or any information contained therein, in whole or part;
(10) any act of impersonating others when using the Services;
(11) any act of transmitting any information containing computer virus or any other harmful computer program;
(12) any act of intentionally placing burden on the system of the Services;
(13) any act of evading any of the technical measures taken by the Company for protection of the Services and its contents, including but not limited to bypassing, canceling, disablement, etc.;
(14) any act such as decoding, decompiling, disassembling, reverse engineering any application for providing the Services;
(15) any act that interferes or may interfere with normal operations of the network system, or that destroys or may destroy the network system;
(16) any act that induces or may induce any of the above-mentioned acts; and
(17) in addition to the above, any act that the Company deems inappropriate.
The Services include some contents or functions which shall be used for a charge. The Service fee, basis for accruing the fee, and its calculation shall be as determined by the Company.
1. When using any of the chargeable Services, the User shall pay the Service Fee and any other amount payable by one of the methods for payment authorized by the Company.
2. The sum worked out based on the calculation method of the Company and the amount equivalent to the consumption tax applicable to such sum shall be paid by the User through such User’s means of settlement in accordance with the terms of payment separately specified by their credit card company or advance clearing agent, etc.
3. In the case that any dispute between the User and the credit card company or the advance clearing agent, etc., as the case may be, arises out of the Service Fee or other liability, it shall be resolved by and between the applicable parities and the Company shall not have any liability in connection with it.
4. The User agrees that after the User pays the Service Fee for any of the chargeable Services, the Company will not reimburse such Fee to the User for any reason.
1. The User agrees that the Company owns and will own any and all intellectual property rights, including, but not limited to, copyrights, trademarks and patents, associated with any designs, characters, images, software and any other contents relating to the Services created or produced by the Company (hereinafter referred to as the “Contents”).
2. The User shall not copy, transfer, lend, translate, alter, reprint, transmit to the public, distribute, publish, commercially utilize or make other use of the Contents without prior approval of the Company.
The Company may make any change to contents, etc. of the Services without prior notice to the User.
1. The Company may temporarily halt the Services without prior notice to the User if any of the following events occur:
(1) a regular or urgent maintenance is performed on servers, etc.;
(2) the Services are rendered unable to be provided due to fire, electric outage, etc.;
(3) the Services are rendered unable to be provided due to Act of God, including but not limited to earthquake, volcano eruption, flood or tsunami;
(4) the Services are rendered unable to be provided due to war, disturbance, riot, civil commotion, labor dispute, etc.; or
(5) the Company may determine that temporary halt is necessary for an operational or technical reason.
2. Even when delay or halt in providing the Services occurs due to any one of the events listed in the preceding paragraph or any other causes, the Company shall not be liable for any damages incurred by the User or any others due to such delay or halt.
1. The Company shall not be responsible for integrity, accuracy, applicability, usefulness, etc. of the software, data, etc. provided by the Company or data, etc. registered by others.
2. In the case that data, etc. that the User accumulates on the server (i.e. rights to contents obtained through purchase by the User) is lost (including deletion by the User himself/herself) or altered by others, the Company shall not have any liability for restoring such data, etc.
3. The Company shall not be responsible for any damages incurred by the User through use of the Services (including but not limited to any damages caused by troubles experienced between the User and any other party) or any damages incurred by the User or other parties due to inability to use the Services, and shall not have any liability for compensation of such damages.
1. The Company may discontinue providing the Services in whole or part upon prior notice displayed online.
2. Upon such discontinuation of the Services, the Company will be released from any and all claims for damages by the User and any other parties in relation to the discontinuation with going through the procedure mentioned in the preceding paragraph.
1. The Company may take any action listed below or a combination thereof to the applicable User, when the User is or is likely to be in breach hereof, or when any complaint or claim is made by any other parties against the Company due to use of the Services by the User and the Company deems it necessary, or when the Company judges it is improper for any other reasons.
(1) to require him/her to cause the act to or to be likely to breach these Terms to be ceased and not to repeat such act or any act similar to it;
(2) to require him/her to discuss (including alternative dispute resolutions) with the other party in order to resolve the relevant complaint or claim;
(3) to require him/her to modify or delete the information transmitted or displayed by the User;
(4) to delete the information transmitted or displayed by the User in whole or part, or to make it not viewable for others; or
(5) to temporarily suspend use of the ID or to expel him/her;
2. The User agrees that the provision of the paragraph 1 of this Article shall not obligate the Company to take any of the actions set forth therein. In addition, in the case that the Company may take any action set forth in the paragraph 1 of this Article, the User shall indemnify the Company from any and all consequences of such actions.
3. The User agrees that the actions listed in the items (4) and (5) of the paragraph 1 of this Article will be taken without prior notice at discretion of the Company.
The User agrees that certain Services may be subject to some restrictions, including but not limited to unavailability of such Services, depending on the course or means the User used to apply for subscribing the Services.
If the User causes the Company or any third party to incur any damages due to the User’s breach hereof or intentional act or negligence, the User shall compensate such damages promptly.
1. If any part of provisions hereof is held invalid in accordance with applicable laws or regulations, the remaining provisions hereof shall remain in full force and effect.
2. If any part of provisions hereof is held invalid or rescinded as for relationship with the User, these Terms shall remain in full force and effect as for any other Users.
3. The Company may make any change to these Terms without any prior or after-the-fact notice to the User, and after such change, the changed Terms shall apply. If the User uses the Services after the change of these Terms, the User is deemed to have agreed to such changed Terms of Use.
These Terms of Use shall be governed by laws of Japan and in the case of any dispute arising out of these Terms or the Services between the User and the Company, either of Nagoya district court or Nagoya summary court shall have the exclusive jurisdiction for the first instance as agreed between the parties.