Smilee Terms of use
Service Overview and Introduction of Terms of Use
“Smilee” is a communication service provided by connect, Inc. (hereinafter referred to as the “Company”), which allows its users to create and share with their spouses and/or grandparents an electronic photo album containing a collection of photos and videos of children and other family members (hereinafter referred to as the “Service”). Please read and agree to the Terms of Use for Smilee (hereinafter referred to as the “TOU”) prior to using the Service. Users of the Service (hereinafter referred to as the “Users”) shall agree to all the contents of the TOU.
The Service allows the Admin User to create an electronic photo album containing a collection of photos and videos taken, and comments made, by him/her (hereinafter referred to as the “Photos, etc.”), to share such electronic photo album with other Admin Users and Browsing Users, whom he/she has invited, and to achieve mutual communication throughcomments and the like.
Licensing of Applications
- In the case of providing the application of the Service (hereinafter referred to as the “App”), the Company shall grant to the Users a nontransferable and nonexclusive license to use the App in accordance with the terms and conditions stipulated herein. However, the TOU shall not grant a license to use any version upgrades, etc. of the App to be developed in the future.
- The App may connect to and communicate with the network at regular intervals. In such a case, a communication fee will be separately charged.
- Any program data, related document files, etc. required for the display and the operation of the App may be automatically modified or updated without notice.
- If a network connection fails due to traveling to the outside of the range while executing the App, and if communication fails within or behind a building, the App may become temporarily unavailable to the Users.
- A communication fee shall be separately charged for downloading the App.
Modification to the Service
The Company may, at its discretion and at any time, restrict, add and suspend the use of all or part of the functions of the Service and the App, or modify, discontinue and terminate the provision thereof. The Company shall not be liable for any damage suffered by the Users arising from modification, restriction of use, suspension, or discontinuance and termination of the provision of the Service and the App, except in the case caused by the Company’s intent or gross negligence.
Rights and Liabilities with Regard to the Photos, etc.
- Rights to the Photos, etc. shall belong to the Users who post them. The Users shall grant a license to use the Photos, etc. to the Company within the scope necessary for providing the Service.
- The Users themselves shall be liable for the Photos, etc. The Users shall properly manage the Photos, etc. on their own.
- The Users warrant that the said Photos, etc. do not infringe on the rights of the Company or a third party. In the event that the Users conduct any of the following acts, the said Users shall, at their own responsibility and expense, settle any disputes arising from such acts: slander the reputation of the Company or a third party; infringe on the privacy rights thereof; disclose personal information of the Company or a third party without the consent thereof; engage in any acts in violation of the Copyright Act; or otherwise infringe on the rights of the Company or a third party.
- The Users shall, at their own responsibility, make a back-up copy of the Photos, etc.
Rights to the Service
- Except in the cases provided for in the preceding Article, any and all rights to the components of the Service (layout of an electronic photo album, editing components, and background images, etc.), functions and the Service (hereinafter collectively referred to as the “Components, etc.”) (referring to the ownership, intellectual property rights, image rights, and publicity rights) shall belong to the Company or a third party.
- The Users may use the Components, etc. within the scope necessary for using the Service; provided, however, that no rights to the Components, etc. shall be licensed or assigned by the Company to the Users.
User Account
- The Company shall properly handle personal information in accordance with the “Privacy Policy.” The Company shall obtain personal information to the extent necessary to provide, operate, develop and improve the Service as well as to support Users, and shall not obtain any personal information beyond such extent without the consent of the relevant User.
- If a User desires to delete his/her account, the deletion of such account shall be implemented as prescribed by the Company. And if the User falls under any cases found inappropriate by the Company, the Company may, at its own discretion, forcibly delete the account and refuse to permit the User to use the Service: