- Koozyt provides the Services only to the users residing within the territory of Japan. The Services are provided free of charge. The contents, specifications and/or scope of the Services are determined at the sole discretion of Koozyt.
- The Software which Koozyt makes available for you in connection with the Services is limited to PlaceEngine client software. The requirements for the Services and the Software will be set forth on the Koozyt site. No other software will be provided by Koozyt. To download and/or install the Software, you will be required to read this TOU and accept the terms and conditions contained in this TOU.
- You are responsible for preparing Wi-Fi devices and any other equipments, software and/or internet connection at your own expenses.
2. Change of the Services and TOU
Koozyt may, at its sole discretion and without obtaining your approval or consent, change the contents of the Services, the terms and conditions of this TOU and/or the provider of the Services. Koozyt will notify you of such changes in a way Koozyt deems appropriate, including, but not being limited to, posting such notice on the site related with the Services. Your continued use of the Services after such notification of the change is deemed to constitute your acceptance of such a change.
3. Termination of the Services
Koozyt may, at its sole discretion, terminate and discontinue the Services by notifying you of such termination and/or discontinuance in a way Koozyt deems appropriate, including, but not being limited to, posting on the site related with the Services. Koozyt shall not incur any liabilities to you in connection with such termination and/or discontinuance.
4. Intellectual Property Rights
- Koozyt grants you a license to use the Software for the sole purpose of using the Services. You may not use the Software for any other purpose.
- All title and intellectual property rights (including, without limitation, copyrights) in and to the Software (including, but not limited to, any images, photographs, animation, video, audio, music, text and "applets", incorporated into the Software) and any copies thereof are owned by Koozyt, Sony Computer Science Laboratories, Inc. or any other licensor(s). Except as permitted by applicable law, all rights not expressly granted under this TOU are reserved by Koozyt or its licensors.
In using the Services, you may not;
- use the Software for any other purpose than for the use of the Services;
- copy, modify, decompile, reverse engineer, reproduce, exploit in any way, make an adaptation of, or disassemble, or the like, the SOFTWARE in whole or in part;
- sell, sub-license, rent or otherwise exploit the Software or any copy thereof to or with any third party or otherwise enable a third party to use the Software;
- sell, sub-license, rent or otherwise exploit your right to use the Services under this TOU to or with any third party or otherwise enable a third party to use the Services;
- delete, remove or otherwise obscure the copyright notices on the Software;
- infringe or violate any rights or interests (including, without limitation, property rights, privacy) of Koozyt and any other third party;
- use the Services for any illegal/unlawful purposes;
- transmit misinformation or computer virus;
- interfere with the provision of the Services;
- violate any applicable laws, orders, or act in violation of the public order;
- commit any other act which Koozyt deems inappropriate and prohibits.
6. Suspension of the Services
You acknowledge and agree that Koozyt may, with or without a notice to you, and without incurring any liability to you, suspend the Services permanently or temporarily, (a) for maintenance and/or upgrade of the Services and/or any of their features, (b) on account of natural disasters, war, riot or any other force majeure, (c) on account of malfunction or interruption of Koozyt system, or (d) when Koozyt determines, at its sole discretion, that it is necessary to stop the Services.
7. Use of Information about Yourself etc.
- For you to use the Services, you are required to provide certain information about yourself as a part of registration process (the "Registration Information"). Unless otherwise provided elsewhere in this TOU, Koozyt will use the information provided by you only to respond to your inquiry about the Services and for no other purpose. Unless otherwise provided elsewhere in this TOU, Koozyt also agrees not to disclose such information about you to any third party.
- Koozyt may, without incurring any liability to you and without any restriction, receive, store, copy, reproduce, transmit to a third party (whether publicly or not), make transmittable, modify, edit or otherwise use and/or dispose of any of the following information transmitted by you to Koozyt;
- a MAC address, an RSSI value, and an ESSID value of Wi-Fi access points which information your Wi-Fi equipped device may receive, together with the time stamp of time of such access (collectively "Wi-Fi Information") and transmit to Koozyt;
- any other information you may, from time to time, transmit to Koozyt from your Wi-Fi equipped device to Koozyt in connection with the location of your use of the Services, including, but without limitation, an address, the name of a landmark; and/or
- any information a) about the location from which your Wi-Fi equipped device transmits the Wi-Fi Information to Koozyt and b) which Koozyt system estimates (the "Estimated Location Information"). Such Estimated Location Information includes, without limitation, the latitude, the longitude and the address;
- Notwithstanding the provisions in Subsections 7 a and 7 b above, Koozyt may disclose to a third party the Registration Information and any other information about you which Koozyt may come to acquire in providing the Services to you if:
- Koozyt is required to disclose such information under/by any applicable laws or governmental agencies;
- you agree upon Koozyt's disclosure of such information to a specified third party;
- Koozyt exercise the right under this TOU in relation with you;
- a dispute arises between you and Koozyt in connection with provision/use of the Services;
- Koozyt determines a disclosure of such information to a third party is essential to protect life, body, freedom, properties, rights of you and/or Koozyt.
provided, however, Koozyt will not use the information listed above in a manner you may be identified as a user of the Services.
- If the Services are terminated in accordance with the terms and conditions of this TOU, you agree to follow instructions which Koozyt may make from time to time.
- Koozyt reserves the right to refuse or terminate your right to use the Services under this TOU if Koozyt determines you breach any of the terms and conditions contained in this TOU.
- The termination by Koozyt of your use of the Services does not affect Koozyt's rights regarding compensation of damages.
The following sections shall survive the termination of TOU between you and Koozyt or the termination of the Services:
Sections 4 (Intellectual Property Rights), 7 (Use of Information about Yourself etc.), 8 (Post-Termination), 9 (Disclaimer of Warranties, Limitations of Liabilities), 10 (Severability), 11 (Governing Law and Dispute Resolution)
9. Disclaimer of Warranties/Limitations of Liabilities
- THE SERVICES AND THE SOFTWARE ARE PROVIDED ON AN AS-IS BASIS WITHOUT ANY WARRANTY WHATSOEVER. KOOZYT EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT THE SOFTWARE AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, THAT THE SOFTWARE, THE SERVICES OR ANY INFORMATION OBTAINED THROUGH THE SERVICES ARE COMPLETE, ACCURATE, SATISFACTORY QUALITY, OR ANY WARRANTY OF MARCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- YOU ARE SOLELY LIABLE FOR ANY AND ALL DAMAGES YOU CAUSE TO ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, USERS OF THE SERVICES OTHER THAN YOU) IN CONNECTION WITH YOUR USE OF THE SERVICES OR THE SOFTWARE. YOU WILL INDEMNIFY AND HOLD HARMLESS KOOZYT FROM AND AGAIST ANY AND ALL LOSSES, EXPESES OR DAMAGES KOOZYT MAY INCURR ARISING FROM YOUR USE OF THE SERIVCE AND/OR THE SOFTWARE.
- KOOZYT SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY RELATED TO THE SERVICES AND/OR THE SOFTWARE. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF YOUR HARDWARE OR ANY ASSOCIATED EQUIPMENT, DOWN TIME AND USER¡ÇS TIME, EVEN IF KOOZYT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, UNLESS CERTAIN REQUIREMENTS ARE SATISFIED, AND IF SUCH REQUIREMENTS ARE NOT SATISFIED THEN THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE ABOVE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY LAW.
Should one or more provisions of this TOU be or become invalid, such provisions shall be removed from this TOU without affecting the rest of the TOU. The remaining provisions of this TOU will continue to be valid and enforceable.
11. Governing Law and Disputes Resolution
- The terms and conditions contained in this TOU and the relationship between you and Koozyt under this TOU shall be governed by the laws of Japan without regard to its conflict of laws provisions.
- Should a dispute arise between you and Koozyt with respect to this TOU, the Services and/or the Software, you and Koozyt shall first try to resolve such a resolution by means of an amicable consultation. If the dispute cannot be resolved through such a consultation, you and Koozyt agree to submit to the exclusive jurisdiction of the Tokyo District Court, Tokyo, Japan, to resolve such a dispute.