These Terms of Service ("Terms") are made and entered between You ("You") and Infobip GK ("Infobip") as of the date of Your registration of the Account at this Website.
Be sure to read carefully the following Terms as they set out Your rights and obligations when You register for, or use of the ¥Coins Services.
You shall access the Website and use ¥Coins Service at Your own risk, and You shall bear all responsibility for actions carried out and results upon Your usage of ¥Coins Service.
In these Terms:
"¥Coins Service" means service provided by Infobip under the present Terms that allows You to create an Account by registering at this Website and acquire ¥Coins by debiting Your mobile phone account or by other methods as specified at Website;
"Account" means Your personal account created by You registering at this Web Site;
"¥Coins" means virtual currency that allows You to purchase Content offered by Merchants accessible solely through the Website;
"Content" means music, games, graphics, video, text, images, information, text, data, graphics, software and audio and/ or visual or other similar material in whatever form which is offered to You by Merchants and that may be accessed through the Website;
"Merchants" means any third party engaged in development and/or providing the digital services i.e. Content to You by offering the Content accessible solely through the Website;
"Network Operator" shall mean a firm operating a mobile telephony network in the territory of Japan, offering mobile telephony services to You.
"Website" means the website at http://www.ycoins.jp
You understand and agree that by using the ¥Coins Service, You agree to be bound by these Terms.
Infobip is permitted to make changes to these Terms by notifying You in advance via the contact details You have provided on the Website. Continued use of the ¥Coins Service indicates that You fully accept the changes to the Terms.
You are obligated when providing information about Yourself to provide genuine, accurate, and complete information while registering the Account and/or using the ¥Coins Service, and keep such information up-to-date at all times.
Creating and maintaining the Account shall be free of any charge.
Access to the Account will allow You to have an insight to the current balance of Your Account, generate reports on transactions made in the past and provide You with the possibility to credit Your Account.
If You register a password and username while creating an Account and using the ¥Coins Service, You will exercise due care and responsibility in order for the password and username not to be used in an unlawful manner. Infobip shall treat all activities conducted with the password a username as activities that have been conducted by the holder of the password him/herself.
You are responsible for maintaining the confidentiality of Your user name and password as means of accessing the Account. You shall be responsible for all uses of the Account, whether or not authorized by You. You agree to immediately notify Infobip of any unauthorized use of the Account.
You may delete your Account and withdraw from using the ¥Coins Service, at any time.
Infobip reserves the right to suspend or delete Your Account without giving any prior notice to You should there be substantial evidence that You are in violation of these Terms or should Infobip have grounded suspicion that the Account is being misused in anyway.
Infobip reserves the right to delete Your Account should the account remain inactive for a period of a 6 months or more since its last activation, without any prior notice to You.
Account You have created is for Your exclusive use and belongs solely to You. You may not transfer or license Your Account to any third party.
Infobip provides ¥Coins Service as a secure and simple method enabling You to access and purchase the Content.
Infobip expressly emphasizes and You acknowledge and agree that Infobip has no control over Content provided by Merchants.
By registering at the Website and creating an Account You shall have the possibility to purchase ¥Coins. Means of crediting Your Account by ¥Coins shall be determined by Infobip and shall be posted at the Website.
Number of ¥Coins per one Account are limited and are determined by the Network Operators, therefore Infobip is obligated to abide by such restrictions imposed by Network Operators.
Acquired ¥Coins shall be available for usage through Your Account as soon as possible once You have completed the process determined for crediting Account.
Due to compulsory legislation ¥Coins can remain available on Your Account for a limited time period of 180 [hundred and eighty days] from the time of crediting Your Account. Therefore ¥Coins at Your Account with date of acquisition past 180 day shall automatically expire.
¥Coins cannot be exchanged or used for any other purposes other than purchase of Content offered by the Merchants and accessible through Website.
The number of ¥Coins required for any purchase of any Content provided shall be determined by Merchant offering the Content and displayed accordingly in the process of Content purchase.
¥Coins shall be refunded to You by Infobip only in accordance with the relevant laws.
Content that can be accessed through Website and purchased with ¥Coins by means of debiting your Account is entirely the product of the Merchants and as such is under no control of Infobip therefore Infobip shall not be held responsible for any defect occurred in usage of the Content.
All aspects of the Content usage shall be regulated by the terms and conditions provided and posted by the Merchants and You shall abide by the respective terms and conditions when accessing and using the Content.
You shall not use the Content beyond the scope of use as envisaged by the terms associated with the respective Content (including but not limited to copying, transmission, reproduction, modification).
Infobip may check the details of any Content available through the Website, when Infobip believes that the Content may violate related laws or the provisions set out in Terms. However, Infobip is not obligated to conduct such investigations.
If Infobip believes that You have violated or may violate applicable laws or provisions contained in the Terms related to Content, then Infobip reserves the right to preclude Your use of the Content without providing You with prior notice.
Restricted usage of ¥Coins Service
You agree not to engage in the following actions when using the ¥Coins Service:
Actions that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding;
Actions that may hinder public order or customs.
Actions that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of Infobip and/or Merchant and/or any third party granted by the law or contract.
Actions that post or transmit violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
Actions that exchange the right to use the Content into cash, property or other economic benefits without Infobip's authorization.
Actions that benefit or collaborate with anti-social groups.
Actions that are related to religious activities or invitations to certain religious groups.
Actions that illegally or improperly lead to the collection, disclosure, or provision of other’s personal information, registered information, user history, or the like.
Actions that interfere with the servers and/or network systems of the ¥Coins Service; that abuse the ¥Coins Service by means of BOTs, cheat tools, or other technical measures; that deliberately use defects of the Service; that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with the Infobip's operation of the ¥Coins Service.
Infobip reserves the right to provide You with advertisements either for Infobip or a third party, through the ¥Coins Service.
Infobip shall exercise the utmost care and attention regarding security measures for the continued safekeeping of all information provided by You.
Infobip may retain and use all information You provide, including but not limited to ¥Coins Service usage details, contact and billing information. You agree that Infobip may transfer and disclose to third parties personally identifiable information about You for the purpose of approving and enabling Your usage of the ¥Coins Service. Infobip may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims.
Infobip disclaims all responsibility, and will not be liable to You, however, for any disclosure of that information by any such third party. Infobip may share non-personally-identifiable information about You, including service details, usage statistics and similar information collected by Infobip, with advertisers, business partners, sponsors, and other third parties.
Limitation on liability
In no event shall Infobip be liable to You under these Terms for any consequential, special, indirect, exemplary, or punitive damages, including indirect losses such as loss of earnings, financial or commercial loss, or loss of brand image whether arising in an action of contract, tort or other legal theory even if Infobip have been advised of the possibility of such damages, Infobip's total liability, in aggregate, under this Agreement for any claim is limited to the amount held at Your Account during the 6 (six) month period immediately preceding the date of the claim.
Either Party's performance of any part of these Terms shall be excused to the extent that it is hindered, delayed or otherwise made impractical by the acts or omissions of the other Party or any Network Operator, flood, fire, earthquake, strike, stoppage of work, or riot, failure or diminishment of power or of telecommunications or data networks or services not under the control of a Party, governmental or military acts or orders or restrictions, terrorist attack; or any other cause (whether similar or dissimilar to those listed) beyond the reasonable control of that Party and not caused by the negligence of the nonperforming Party (collectively referred to as "Force Majeure" below).
If any Force Majeure condition(s) occur(s), the nonperforming Party shall make reasonable efforts to notify the other Party of the nature of any such condition and the extent of the delay, and shall make reasonable, good faith efforts to resume performance as soon as possible.
Notification and Contact
When Infobip notifies or contacts You regarding the ¥Coins Service, Infobip may use a method that the Infobip considers appropriate, such as posting the notification on the Website.
When You wish to notify or contact Infobip with regard to the ¥Coins Service, You shall use the folowing contact details: firstname.lastname@example.org
Governing Law and Jurisdiction
These Terms and Conditions will be governed by the laws of Japan. Conflicts that arise from the ¥Coins Service or conflicts between You and Infobip related to the ¥Coins Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.