These Terms of Use (hereinafter referred to as these "Terms of Use") contain various rules pertaining to the use of the smartphone application (hereinafter referred to as the "Application") provided by the National Museum of Emerging Science and Innovation (hereinafter referred to as "Miraikan"). At the time when you install the Application, you are regarded to have unconditionally given your consent to the entirety of these Terms of Use, etc. (When you use the Application, you cannot withhold your consent to certain provisions of these Terms of Use, or conditionally accept these Terms of Use). If you cannot give your consent to the entirety of these Terms of Use, you are prohibited from using the Application, and must immediately uninstall the Application and discontinue any use of the Application.
1 Outline of the Application
The Application to be provided by Miraikan is an application named "Miraikan Note," which runs on smart devices, including iOS devices or Android OS devices.
2 Grant of the license
- Pursuant to the terms and conditions prescribed in these Terms of Use, Miraikan will grant to you a license to download and use the Application, using your mobile terminal equipment, such as a smartphone, that meets the specifications for use of the Application (hereinafter referred to as the "Terminal Equipment"). The license is granted on a non-exclusive and non-assignable basis. Miraikan does not warrant that the Application is always compatible with every Terminal Equipment.
- You must read these Terms of Use carefully, and use the Application in compliance with the provisions of these Terms of Use.
- Miraikan may at its own discretion amend these Terms of Use. Even if these Terms of Use are amended by Miraikan, Miraikan will not individually inform you of the fact and details of the amendment or any other related matters. Regardless of whether you are aware of the amendment, the latest version of these Terms of Use will always apply to every user, from the point of time when the latest version is posted in the Application.
- You represent and warrant to Miraikan that, when you enter any text in the Application, you have a legitimate right to enter and transmit such text, and that such text does not infringe any third party right.
- You grant to Miraikan a free license for the duplication, distribution, creation of a derivative work, display, and execution of the texts that you have entered in the Application. Furthermore, you grant to other users a free and non-exclusive license for the use, duplication, distribution, creation of a derivative work, display, and execution of the texts that you have entered in the Application.
- You agree that you will not exercise, against Miraikan and persons to whom Miraikan has granted the licenses, the copyrights and moral rights of the author held by you with respect to the texts that you have entered in the Application.
3 User information to be acquired by Miraikan
Before the use of the Application, you must give you prior consent to the acquisition of the following user information by Miraikan.
- The terminal name, OS version, time zone setting, and language setting of the smartphone on which the Application is used, and the version of the Application that is being used.
- All the information that you have entered in the Application, including nickname, occupation or school year, sex, and texts.
- The date and time of use of the Application, and the types of exhibited objects that you have viewed at Miraikan.
4 Purpose of use of the user information acquired by Miraikan
For the purpose of improving the usage level of exhibitions and various activities and the level of satisfaction, Miraikan will use the user information acquired through the Application in order to analyze the status of use of the Application, user attributions, traffic flow inside the museum, etc., after the user information has been processed so that no individual user can be personally identified. The analysis results may also be disclosed to researchers, etc.
The information, including texts, that you have entered in the Application may be disclosed inside Miraikan, and as part of the contents within the Application, after obtaining your consent.
5 Disclosure of the acquired information to third parties
If any user information that has been acquired through the Application can be used to personally identify an individual user, such user information will not be intentionally disclosed to third parties, except for the following two exceptional cases:
- Cases where the disclosure of such user information is required on a legal basis; and
- Cases where the user's consent has been obtained particularly for the disclosure of such user information to third parties, at the time when such user information was acquired from the user.
6 Security
Using reasonable security measures, Miraikan is making efforts to prevent any loss, divulgation, unauthorized use, falsification, and destruction of the personally-identifiable information that has been provided from users. However, you must understand that it is impossible for Miraikan to guarantee absolute security.
7 Copyrights
The copyrights pertaining to all the documents, image data, etc., contained in the Application belong to Japan Science and Technology Agency or each respective right holder, and are protected under the Copyright Act and international treaties.
8 Prohibitions
When using the Application, you are prohibited from conducting any of the acts listed below:
- An act that violates or is likely to violate laws and regulations, or any act similar to such act;
- An act that discriminates, defames, or slanders Miraikan or a third party, or that damages the reputation, creditworthiness, privacy or any other personal or property right of Miraikan or a third party;
- An act that is considered pornographic, or offensive to public order and morals;
- An act that reproduces, duplicates, or changes the information contained in the Application, or that recompiles or reverse-engineers the Application, or any other act similar to such act; and
- An act that puts or facilitates an extra load on the server, beyond the ordinary use of the service.
9 Disclaimers
- You are deemed to have agreed that any use of the Application must be conducted at your own responsibility. The contents, functions and performance of the Application are limited to such scope as can be reasonably provided by Miraikan at the time when you download the Application. Miraikan provides you with the Application on an "as-is" basis, and provides you with no warranty whatsoever that the Application will correctly function or fulfill all of its functions in any user environment.
- Miraikan will not be liable, in any manner whatsoever, for any direct, indirect, incidental, derivative, or special damage, lost profits, or any other damage that you have suffered due to your use of the Application or inability to use the Application (regardless of whether the occurrence of such damage was foreseeable).
- Miraikan disclaims any and all warranties with respect to the Application and the services incidental to the Application, and the disclaimed warranties include those listed below:
- ① Miraikan does not warrant that the Application will have no defect or malfunction associated with an upgrade of an OS or an application;
- ② Miraikan does not warrant that the Application will always correctly function, or satisfy an adequate quality level;
- ③ Miraikan does not warrant that the use of the Application will not cause a defect, malfunction, or error in equipment of users, etc.;
- ④ Miraikan does not warrant that the Application will be available on a permanent basis;
- ⑤ Miraikan does not warrant that the use of the Application will not be interrupted, or will be free from errors; and
- ⑥ Miraikan will not bear the communication charges incurred due to the use of the Application.
- Miraikan will not respond to individual inquiries made by users with respect to the Application, and will provide users with no individual support on how to use the Application.
- Miraikan may temporarily suspend, suspend, change, or supplement the whole or part of the Application, without notice. Even if such measure has caused a loss of any of the user information, posted data, etc., Miraikan will not be liable, in any manner whatsoever, for the damage that has occurred due to such loss.
- These Terms of Use constitute the sole and entire warranty provided by Miraikan with respect to the Application, and Miraikan provides no warranty whatsoever for the Application except as expressly prescribed in these Terms of Use.
10 Expenses for the use of the Application
When you use the Application, you must, at your own expense and responsibility, procure, maintain, and manage the environment necessary for the use of the Application, and separately pay the communication charges designated by a mobile-phone carrier.
11 Other
These Terms of Use are governed by and interpreted in accordance with the laws of Japan, without regard to the conflicts of laws provisions. If any doubt or dispute arises between you and Miraikan with respect to these Terms of Use, you and Miraikan will attempt to resolve such doubt or dispute through mutual discussion in good faith. However, if such doubt or dispute cannot be resolved through mutual discussion, it will be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
April 19, 2016