PLEASE READ THIS END USER LICENSE AGREEMENT
("EULA") CAREFULLY. BY TAKING ANY STEP TO DOWNLOAD, SET-UP, INSTALL
OR USE ALL OR ANY PORTION OF JAPAN RADIO, A FREE MOBILE COMMUNICATION AND SOCIAL
NETWORKING APPLICATION (INCLUDING BUT NOT LIMITED TO THE SOFTWARE, FILES AND
DOCUMENTATION (“SOFTWARE”)) OR USING JAPAN RADIO'S SERVICES IN CONNECTION WITH THE
SOFTWARE, INCLUDING BUT NOT LIMITED TO: (I) ACCESS TO RESOURCES; AND/OR (II)
ACCESSING PERSONALIZED CONTENTS THROUGH JAPAN RADIO NETWORK AND/OR OTHER NETWORKS
OPERATED BY JAPAN RADIO ("SERVICES"), YOU AND YOUR COMPANY (EACH AND
COLLECTIVELY REFERRED TO AS THE “LICENSEE”) ACCEPT AND AGREE TO BE BOUND BY ALL
THE TERMS AND CONDITIONS OF THIS EULA. IF YOU ACQUIRE THE SOFTWARE FOR YOUR
COMPANY’S USE, YOU REPRESENT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE WHO HAS
THE AUTHORITY TO LEGALLY BIND YOUR COMPANY TO THIS EULA. IF THE LICENSEE DOES
NOT AGREE TO THIS EULA, THE LICENSEE MAY NOT USE THE SOFTWARE AND MUST
IMMEDIATELY REMOVE THE SOFTWARE FROM THE LICENSEE'S MOBILE DEVICE, MOBILE COMMUNICATION
TERMINAL OR COMPUTER.
UPDATES TO THIS EULA
This EULA may be updated by SMARTRAY STUDIO
incorporated in Australia (“us” or “we” or “our” or “SMARTRAY”), from time to
time. Once this EULA is
updated or amended, we will release the updated terms of the EULA in the
Software. By virtue of entering
into this EULA and the Licensee's continued use of the Software or Service, the
Licensee agrees and accepts that once the updated terms of the EULA are
released, the updated terms will effectively replace the original and previous
terms of the EULA. The Licensee may login to the Software or website to review
the latest version of the terms of this EULA at any time. Should the Licensee
not agree to the updated version of the EULA, the Licensee shall discontinue
usage of the Software and Services and immediately remove the Software from the
Licensee’s mobile device or mobile communication terminal or computer.
1.OWNERSHIP OF THE SOFTWARE
The Software was developed and is owned by us (except
that items sold (by way of license) via or for use on JAPAN RADIO
may be either or both developed and owned by third party sellers). All the
ownership rights, title and interest of intellectual property rights in the
Software (including but not limited to any code, image, data, text and add-in
programs contained in the Software and in any and all future updates,
modifications, revisions and/or derivative works of the Software), and attached
supporting documentation belong to us or the relevant third party seller and
may not be used, reproduced, altered, distributed, exploited or otherwise dealt
with by the Licensee without written authorization from us, unless the said
usage, reproduction, alteration, distribution, exploitation and dealing is
expressly provided for in this EULA.
2.SOFTWARE LICENSE
2.1 Subject to the terms of this EULA, we grant to the
Licensee a personal, non-exclusive, non-transferable, limited license to
install and use one (1) copy of the Software on one (1) mobile device or mobile
communication terminal, internally for personal, non-commercial purposes as
described in the documentation of the Software, which is available on our web
page. Use of some third party materials included in the Software may be subject
to other terms and conditions typically found in a separate license agreement
or “Read Me” file. The Licensee agrees that we are not responsible for
examining or evaluating the content or accuracy of third party materials and we
do not warrant and will not have any liability or responsibility for any third
party materials, or for any other materials, products, or services of third
parties. The Licensee agrees that the Licensee will not use any third party
materials in a manner that would infringe or violate the rights of any other
party and that we are not in any way responsible for any such use by the
Licensee. Except as expressly stated herein, this EULA does not grant the
Licensee any intellectual property rights in the Software and all rights not
expressly granted are reserved by us or the relevant third
party sellers.
2.2 The Licensee acknowledges that the Software is merely
licensed (not sold) to the Licensee.
2.3 This EULA is valid for an indefinite period from the
date on which the Licensee accepts this EULA until termination pursuant to this
EULA.
3.SOFTWARE ACCOUNT
3.1 The Licensee may use the Software and enjoy various
Services provided by us and/or its Affiliates (as
defined in Clause 9.2) by registering a JAPAN RADIO account
("JAPAN RADIO account"). The JAPAN RADIO
account is our property. After completing the registration application for a JAPAN RADIO account, the Licensee then has the right to use the JAPAN RADIO account. The JAPAN RADIO account can only be used by the initial registrant and the
Licensee shall not sell, assign, sub-license, disclose, or otherwise transfer
the JAPAN RADIO account.
3.2 The Licensee has the right to change and/or delete
the Licensee's personal information, registration information and content
submitted to the JAPAN RADIO account. The Licensee hereby
acknowledges that deleted information will not be recovered and the Licensee
should bear the risk associated with such action.
3.3 The Licensee shall be responsible for the safekeeping
of the JAPAN RADIO account and the password, and be fully
and legally responsible for all activities performed through the use of the JAPAN RADIO account and the password. The Licensee is not
permitted to use the accounts or passwords of other Licensees under any
circumstances. If the Licensee suspects his or her account is being used by
others without permission, the Licensee hereby agrees to immediately notify us.
3.4 If a Licensee has not logged in to his/her JAPAN RADIO account for more than 90 consecutive calendar days,
we reserve the right to terminate his/her JAPAN RADIO
account. The Licensee shall bear all responsibilities for the issues caused due
to the termination of account including loss of the Licensee account
information (including any account usage history).
4.RESTRICTIONS
Except as expressly stated in this EULA, without our
prior written consent, the Licensee may not:
(i)reproduce the Software in whole or in part;
(ii)sell, assign, sub-license,
disclose, or otherwise transfer or make available the Software in whole or in
part to any third party;
(iii)use the Software other than
for personal and non-commercial use;
(iv)use the Software to provide
services to third parties;
(v)sell, distribute, transfer or
permit any third party to implement, use, sell, distribute or transfer the
Software and all the intellectual property rights thereof;
(vi)copy, alter, amend, develop
or create any derivative works based on the Software or any part or component
thereof, or any data released to any mobile device’s or mobile communication
terminal’s internal memory by the Software and interactive data between client
terminal and server’s terminal during the Software’s operation (which
restricted acts include, but are not limited to, the creation of plug-ins,
add-on programs, outside hanging or any unauthorized third party’s tool/service
accessing the Software and correlative systems);
(viii)reengineer, de-compile,
disassemble, alter, translate or reverse engineer the Software or any part or
component thereof (except as may be expressly permitted by applicable laws
which permit such activities notwithstanding this contractual prohibition);
(ix)amend or destroy the
original state of the Software;
(x)use the Software to take any
actions to threaten the security of our network, including but not limited to
using data or entering server/account without permission; entering public
networks or others’ operating systems and deleting, amending or adding the
stored information without permission; attempting without permission to detect,
scan or test the weakness of the Software system or our network or attempting
without permission to conduct any other activities to damage the network
security system; attempting without permission to intervene with or affect the
normal operation of the Software or the website; intentionally spreading malicious
programs or viruses, and taking other actions to damage or intervene with the
normal information service of the network; or forging part or all of the titles
of TCP/IP packets;
(xi)log in or use the Software
and the Services by means of a third party’s compatible software or system not
developed, authorized or approved by us; including as to the Software and the
Services, the use of the plug-ins and outside hanging not developed, authorized
or approved by us;
(xii)use the Software without
our prior written consent to use, lease, lend, copy, revise, link to, cite,
compile, issue or publish the information related to the Software, or to build
mirror websites of said information or to develop related derivative products,
works, services, plug-ins, outside hanging, compatibility or interconnection
without authorization;
(xiii)use the Software to
publish, deliver, transmit or store any content that contravenes the laws of
any country, or threatens the national security, social stability, public order
and morals of any country, or to publish, deliver, transmit or store any
content that is inappropriate, insulting, defamatory, obscene, violent and
against the laws, regulations and policies of any country;
(xiv)use the Software to
publish, deliver, transmit or store content that infringes other's intellectual
property rights, trade secrets or other legal rights;
(xv)use the Software to issue,
deliver or transmit bulk advertisements, unsolicited communications, spam or
junk information;
(xvi)use the Software to
deliver, transmit or otherwise accomplish the transmission of the files including
pictures, photos, software or other materials, which are under the protection
of intellectual property laws, such as (but not limited to), copyright or
trademark laws (or right of privacy or right to publicize), unless the Licensee
owns or controls the related rights or has obtained the necessary
authorization;
(xvii)use the Software to use
any material or information that contains pictures or photos which have been
acquired by infringing existing trademark, copyright, patent, trade secrets or
other exclusive rights of other third parties;
(xviii) use the Software to
amend or forge the instruction, data and data packet in the running of software
works, add, delete, decrease or change the functions or running effects of
software, spread the Software for the foresaid purposes to the public through
an information network, or operate them;
(xix)apply the Software and the
Services to the running of equipment putting humans or their belongings in
danger; the Licensee understands that the Software and the Services are not
designed for the above purposes and unless expressly prohibited by applicable
mandatory law, the Licensee agrees, acknowledges and consents that we will not
bear any liability or be responsible for the personal injury or death, loss or
damage to belongings or destruction of the environment due to the Software
and/or Services being used for such purposes;
(xx)sell, lease, charge, lend,
spread, transfer or sub-license the Software and/or Services or gain profits
from using the Software and/or Services regardless of whether the above acts
were committed for the purpose of achieving any direct or indirect economic
gain; and
(xxi)use the Software and the
Services in any other illegal manner, for any illegal purpose or in any form
inconsistent with this EULA.
For the avoidance of doubt, the above restrictions do not
prevent the proper use of the Software licensed under this EULA on the JAPAN RADIO platform.
5.TERMINATION OF LICENSE
Notwithstanding anything to the contrary in this EULA,
and unless expressly prohibited by applicable mandatory law, the Licensee
hereby agrees, acknowledges and consents that we shall have the right to
terminate this EULA for any reason which we deem proper and necessary
(including termination for convenience) on thirty (30) days written notice to
the Licensee without any liability of any nature whatsoever. The Licensee
further agrees that any reason determined by us for termination purpose shall
be deemed a legitimate reason.
6.VIOLATION OF LICENSE TERMS
If the Licensee violates any of the terms and conditions
or breaches any of the stipulations in this EULA, unless expressly prohibited
by applicable mandatory law the Licensee’s rights under this EULA will
immediately terminate and we may, at our sole and absolute discretion, immediately
terminate, suspend in part or in whole, or restrict the Licensee’s use of the
Software without notice.
7.SOFTWARE UPDATES AND SERVICE
7.1 If the Licensee is receiving an update or an upgrade
to, or a new version of the Software ("Update"), the Licensee must
possess a valid license to such previous version of the Software in order to
use the Update. All Updates are provided to the Licensee pursuant to the terms
of the license for the Software under this EULA. Further, the Licensee agrees
that by using an Update, the Licensee voluntarily terminates the Licensee’s
right to use any previous version of the Software.
7.2 The Software activates automatically the function of
“upgrade reminder”. Depending on the version of the Software, the Licensee may
have an option to activate this function. After issuing Updates or new versions
of the Software, we will not guarantee the continuous availability of the
previous version(s) of the Software.
7.3 We reserve the right to unilaterally change or
restrict part of the functional effects of the Software for the purpose of
business development, and unless expressly prohibited by applicable mandatory
law, the Licensee agrees and acknowledges that we assume no liability
whatsoever in respect of any damages suffered by the Licensee as a result of
such change or restriction.
7.4 We reserve the right to amend or suspend the service
for the Software at any time for repair, maintenance or any other purposes which we deem necessary and to provide notice as
may be reasonably possible to the Licensee. Unless expressly prohibited by
applicable mandatory law, the Licensee agrees and acknowledges that we shall
not be responsible to the Licensee or any third party for our exercise of this
right to amend or suspend the Service.
8.NO WARRANTY
Unless expressly prohibited by applicable mandatory law,
the Software is offered on an “as-is” and “as available” basis and no warranty,
either express, implied or statutory, is given. We expressly disclaim all
warranties of any kind, whether express, implied or statutory, including, but
not limited to, implied warranties of merchantability, fitness for a particular
purpose, satisfactory quality and non-infringement.
9.EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND OTHER
DAMAGES
9.1 Unless expressly prohibited by applicable mandatory
law, the Licensee agrees and acknowledges that in no event shall we, our
Affiliates (as defined below), our or their employees, officers or agents be
liable for any special, incidental, punitive, indirect, or consequential damages
whatsoever (including but not limited to, damages for loss of profits or
confidential or other information, for business interruption, for personal
injury, for loss of privacy, for failure to meet any duty including of good
faith or reasonable care, for negligence, and for any other pecuniary or other
loss whatsoever) arising out of or in any way related to the use of or
inability to use the Software or any part or component thereof (including items
sold (by way of license) via or for use on JAPAN RADIO), or
otherwise under or in connection with any provision of the EULA, even in the
event of the fault, tort, strict liability, breach of contract, or breach of
warranty of us, and even if we or our Affiliates, our or their employees,
officers or agents, have been advised of the possibility of such damages. For
the avoidance of doubt, the Licensee agrees and acknowledges that in no event
shall we or our Affiliates, our or their employees, officers or agents be
responsible or liable for any use of the Software (including items sold (by way
of license) via or for use on JAPAN RADIO) by the Licensee
for the distribution of contents relating to obscenity, gambling, defamation,
threats and information which inflicts hatred or dissension on individuals
and/or certain groups of community based on ethnic group, religion, race, and
group-based interest.
9.2 In this EULA,
"Affiliate" shall mean any person or entity which directly or
indirectly Controls us (a “Holding Company) from time to time or is directly or
indirectly Controlled by us or by a Holding Company from time to time.
"Control" shall mean: (a) the ownership or control (whether directly
or indirectly) of more than thirty percent (30%) of
the voting share capital of the relevant undertaking; or (b) the ability to
direct the casting of more than thirty percent (30%)
of the votes exercisable at general meetings of the relevant undertaking on
all, or substantially all, matters; (c) possessing, directly or indirectly, the
power to direct or cause the direction of the management and operating policies
of the entity whether by way contract, management agreement, voting trust or
otherwise; or (d) the right to appoint or remove directors of the relevant
undertaking holding a majority of the voting rights at meeting of the board on
all, or substantially all, matters and "Controls" and
"Controlled" shall be construed accordingly.
9.3 As with other mobile device or mobile communication
terminal software, the Software could be used as a tool for harassment and
breaches of security. The Licensee hereby agrees and acknowledges that,
notwithstanding that the Licensee takes appropriate steps to minimize such
risks, the likelihood of the occurrence of such risks cannot be excluded
altogether, and the Licensee agrees and acknowledges that we and our
Affiliates, employees, officers or agents will not bear any liability for such
risks, including, without limitation, the following:
(i) other
software downloaded and installed by the Licensee containing viruses, such as
Trojan Horse, or other malicious code, which threatens the security of the
personal information and data and as a result, adversely affects the normal use
of the Software;
(ii)the mobile device or mobile
communication terminal is infected by a virus or other malicious code or is damaged
as a result of the Licensee browsing or visiting web pages; or
(iii)the Licensee fails to
normally download files due to any reason, including because of the supplier of
the files to be downloaded, the network, the software or hardware used by the
Licensee.
9.4 Unless expressly prohibited by applicable mandatory
law, the Licensee agrees and acknowledges that we and/or our
Affiliates, employees, officers or agents shall bear no liability for
any and all possible losses of the Licensee caused by Force Majeure Events. A
“Force Majeure Event” is any liability or loss caused by a third party's
communication line error, technical problem, network or mobile communication
terminal failure or system instability, or by any event or failure which is
beyond our reasonable control (which includes acts of God, natural disasters,
acts of any government or authority, power failures, and the acts of a party
for whom we are not responsible for.
9.5 All software derived from the Software that are not
developed and formally released by us or not authorized by us are illegal. The
download, installation or use of said illegal software may bring about
unpredictable risks to the Licensee. Unless expressly prohibited by applicable
mandatory law, the Licensee agrees and acknowledges that we shall not be
responsible for any legal liability and dispute arising from said download,
installation or use.
10.LICENSEE'S WARRANTIES
Except as expressly set out in this EULA or as
specifically prohibited by any applicable mandatory law, the Licensee warrants,
represents and undertakes that it shall:
(i)bear the risks for the use of the Software and possess the
rights and conditions required for the running of the Software, and the
Licensee must ensure that it has the right to use the Symbian, Java, s60v3,
s60v5 and Android series operating systems (as applicable);
(ii)use the Software in
accordance with the provisions of this EULA and all applicable laws and
regulations; and
(iii)read carefully all
instructions for the use and operation of the Software before downloading,
setting-up, installing or using all or any portion of the Software.
11.PERSONAL INFORMATION
11.1 This Clause 11 and the Privacy Statement explain how
we (either ourselves or acting through Affiliates or other third parties)
collect and use your personal information. This Clause and the Privacy
Statement only apply to JAPAN RADIO and the JAPAN RADIO services.
11.2 The Licensee should refer to the Privacy Statement,
which the Licensee represents it has read and agreed to by agreeing to the
terms of this EULA.
11.3 The Licensee agrees and acknowledges that personal information
means such information that can directly or indirectly identify the Licensee,
including the following: the Licensee’s name, ID card no., mobile number, IP
address, e-mail address, credit card and other payment-related details, address
and certain information regarding the Licensee's use of the Software, internet
browsing and surfing habits, and any other information which may be deemed
personal information under applicable law and regulation.
11.4 We respect the privacy of the Licensee’s personal
information and we will take reasonable measures to protect the Licensee’s
personal information. Unless with the Licensee's consent, save for the
purpose(s) of complying with law, judicial proceedings or other legal
processes, requests by courts or government departments, or purposes as listed
in the section headed “How JAPAN RADIO uses your
information” in the Privacy Statement for which the Licensee has given consent,
we will not make the Licensee’s personal information public or disclose them to
a third party except as provided for in the Privacy Statement.
11.5 The Licensee hereby agrees and acknowledges that
usage of the Software to visit third party websites could result in the
collection of the Licensee's personal information by those websites, and that we
and our Affiliates, and our and their respective employees, officers or agents
shall not be responsible or liable for the data privacy practices of those
websites, including without limitation the collection, handling, use,
processing and retention of the Licensee's personal information.
11.6 The Licensee hereby agrees and acknowledges that, in
order to operate and improve the technologies and quality of our Services, we
might have to collect and use the Licensee’s personal information and/or
provide third parties with such information and the Licensee hereby consents to
the collection, use and transfer of that personal information. Further detail
is set out in the Privacy Statement.
11.7 The Licensee hereby agrees, consents and
acknowledges that we may collect, use, handle, process and/or transfer the
Licensee's personal information for the purposes set out in the Privacy
Statement.
11.8 In the event the Licensee uses specific functions of
our Software, or when the Licensee requests us or its partners to offer
particular services, the Licensee agrees and acknowledges that we and/or its
partners may have to provide the Licensee's personal information to the
relevant third parties.
11.9 Unless expressly prohibited by applicable mandatory
law, we have the right to release advertisements and/or other information
during or through Services and such advertisements and/or information may
appear in the form of system message or popup window, etc.
11.10 You can delete your data in app or request us to delete your data. The data includes your personal data and all the things that you have shared,
including your albums, photos, blogs, moments and chat history. Please note that once this process is complete, your data will be delete and we will no longer collect, use and/or disclose your Personal Data,
and there is no way to recover them. To delete your account, please go to App > Settings > Member Center > Delete My Account. You could also request that we delete your data by sending an email to SmartrayStudio@gmail.com
12.CONSENT TO THE USE OF MOBILE DEVICE OR MOBILE
COMMUNICATION TERMINAL RESOURCES.
12.1 The Software requires all Licensees to use the
Software jointly and to maintain the benefit and functionality provided by the
Software. The Licensee hereby acknowledges, consents and agrees that the
Software may make use of the Licensee's resources, such as the processor of the
Licensee's mobile device or mobile communication terminal and the bandwidth,
for the limited purpose of allowing other Licensees of the Software to
communicate with the Licensee and share the Software and the Services. Where
applicable, the costs of such use by the Software of the Licensee's resources
(including without limitation costs of service providers) shall be solely borne
by the Licensee. The Licensee hereby agrees and acknowledges that the
Licensee's enjoyment and/or experience in using the Software for communicating
with other Licensees could be affected depending on the actions of other
Licensees beyond our control and for which we, our Affiliates, and our and
their employees, officers or agents shall not be responsible in any way.
12.2 The Licensee acknowledges that we will use our
commercially reasonable effort to protect the Licensee's mobile device or
communication terminal resources and the privacy and completeness of the
Licensee's communications via the mobile device or communication terminal.
However, the Licensee acknowledges and agrees that we will not provide any
warranty therefor.
13. LIMITATION OF LIABILITY
Notwithstanding any damages that the Licensee might incur
for any reason whatsoever and unless expressly prohibited by applicable
mandatory law, the Licensee hereby acknowledges, consents and agrees that the
entire liability of us, our Affiliates, and any of our and their agents and
suppliers under any provision of this EULA shall be limited and in no event
will the total cumulative and aggregate liability of (taken together) us, our
Affiliates, and our and their agents and suppliers exceed HK$5.
14. INDEMNIFICATION
14.1 By accepting the EULA, the Licensee agrees to
indemnify and otherwise hold harmless us, our Affiliates, and any of our or
their officers, employees, agents, subsidiaries and other partners from any
direct, indirect, incidental, special, consequential or exemplary damages and
any losses, costs and expenses arising out of, relating to, or resulting from
the Licensee’s use of the Software or any other matter relating to the Software
or this EULA (including items purchased by the Licensee (by way of license) via
or for use on JAPAN RADIO).
14.2 For the avoidance of doubt, if the Licensee's breach
of this EULA (including but not limited to the acts stipulated in Clause 4
above) or relevant terms of Service brings about any third party's claims or
demands to us, our Affiliates or any of our or their officers, employees,
agents or partners, including attorney's fees, the Licensee hereby agrees to
indemnify and hold us and our Affiliates and our and their officers, employees,
agents and partners harmless from all losses caused by said claims or demands.
15. INTELLECTUAL PROPERTY
15.1 The Software is protected by law, including without limitation the
Copyright Ordinance (Cap. 528) of the Hong Kong Special Administrative Region
("HKSAR"), International Copyright Treaties and other intellectual
property laws and treaties. The Licensee hereby acknowledges that all
intellectual property rights in the Software (including but not limited to any
images, text, audio, video, and "applets" incorporated into the
Software) throughout the world belong to us (except that items sold (by way of license)
via or for use on JAPAN RADIO may belong to third party
sellers, that rights in the Software are licensed (not sold) to the Licensee,
and that the Licensee has no rights in, or to, the Software other than the
right to use it in accordance with the terms of this EULA. The Licensee
acknowledges and agrees that the Licensee has no right to access the Software
in source code form.
15.2 The Licensee further agrees and acknowledges that all the contents in any advertisements and commercial information
provided by us for the Licensee via the Software are protected by copyright
laws and international copyright treaties, as well as other intellectual
property laws and treaties. The Licensee may only use content from said
advertisements or commercial information with our written consent, and shall
not copy, amend or compile said advertisements or commercial, or create
derivative products based on the same without our authorization.
16. ENTIRE AGREEMENT
Subject to any supplement for specific additional
services, the EULA constitutes the entire agreement between us
and the Licensee and governs the Licensee’s use of the Software,
superseding any prior agreement between the Licensee and us relating to the
subject matter hereof. If any provision of this EULA is held by a court of competent
jurisdiction to be contrary to law, such provision will be changed and
interpreted so as to best accomplish the objectives of the original provision
to the fullest extent allowed by law and the remaining provisions of the EULA
will remain in force and effect.
17. ASSIGNMENT
The Licensee may not assign this EULA, and any attempted
assignment will be null and void.
18. GOVERNING LAW
This EULA will be governed by and construed in accordance
with the laws of HKSAR without regard to conflict of laws principles.
19. DISPUTE RESOLUTION
19.1 Any dispute or controversy under this EULA shall
firstly be resolved through amicable negotiation. If no agreement is reached
through such negotiations, the parties hereby agree to refer the dispute or
controversy to arbitration pursuant to Clause 19.2 below.
19.2 Subject to Clause 19.1 above, the parties agree that
any dispute, controversy or claim arising out or relating to this EULA, or the
breach, termination or invalidity thereof, shall be settled by final and binding
arbitration in Hong Kong under the Hong Kong International Arbitration Centre
Administered Arbitration Rules in force when the Notice of Arbitration is
submitted in accordance with these Rules. The place of arbitration shall be in
Hong Kong at the Hong Kong International Arbitration Centre
("HKIAC").
19.3 The tribunal for any arbitration shall consist of
three arbitrators with each party appointing one arbitrator and the two
arbitrators thus appointed shall choose the third
arbitrator who will act as the presiding arbitrator of the Tribunal.
19.4 The language to be used in the arbitral proceedings
shall be English.
20.LANGUAGE
This EULA is provided in English, although it may be
translated into any other language at our sole discretion or by requirement of
law. In the event of any discrepancies between the English version and any
other language versions, the English version shall prevail.
21. ENQUIRIES
If the Licensee has any questions, comments or complaints
as regards this Software, please contact us at smartraystudio@gmail.com.
22. CONTRACT RIGHTS OF THIRD PARTIES
The parties agree that a person or entity who is not a
party to this EULA shall have no right under any legislation whatsoever
(including without limitation the Contracts (Rights of Third Parties) Act
(Chapter 53B of Singapore)) to enforce any term of this EULA, regardless of
whether such person or entity has been identified by name, as a member of a
class or as answering a particular description. For the avoidance of doubt,
nothing in this Clause 22 shall affect the rights of any permitted assignee or
transferee of this EULA.
Privacy Statement for JAPAN RADIO
Last updated: Oct 27th, 2013
Unless otherwise defined herein, terms used in this
Privacy Statement shall have the same meanings as those defined in the Software
End User License and Services Agreement for JAPAN RADIO (“EULA”).
We are committed to protecting your privacy while
providing you with the products and services that serve your needs. The
operation of these products and services may require the collection and use of
your Personal Information. This Privacy Statement explains how we, JAPAN RADIO, (either ourselves or acting through Affiliates or
other third parties) collect and use your Personal Information (as defined
below). This Privacy Statement only applies to JAPAN RADIO
and the JAPAN RADIO services (including items sold (by way
of license) via or for use on JAPAN RADIO).
This Privacy Statement is current as of the “last
updated” date set forth above. We reserve the right to change this statement
from time to time. By virtue of the Licensee's continued use of the Software or
the Services, the Licensee agrees and accepts that once the updated terms of
the Privacy Statement are released, the updated terms will effectively replace
all original and previous terms of the Privacy Statement and the Licensee shall
be deemed to have been notified of the updated terms.
By installing or using the JAPAN RADIO
software, you acknowledge, agree and consent that your Personal Information
will be handled as described in this Privacy Statement, which is incorporated
by reference into the EULA. Should the Licensee not agree to this Privacy
Statement or updated versions thereof, the Licensee shall discontinue usage of
the Software and Services and immediately remove the Software from the
Licensee’s mobile device or mobile communication terminal or computer.
This Privacy Statement applies solely to information
collected by us during your download and use of JAPAN RADIO.
It is your responsibility to read and accept the terms of service and privacy
policies for third party websites, applications or services that you visit or
use. We are not responsible for the privacy practices of other third party
entities or third party websites (including websites, applications or services
of our Affiliates, and other third party websites, applications or services
whose advertisements may appear on JAPAN RADIO).
INFORMATION WE COLLECT FROM YOU
What information we collect or receive from you depends
on how you use JAPAN RADIO, which may include the
following:
Your Personal Information
"Personal Information" is information
that you provide to us which personally identifies you, such as your name, ID
card no., mobile number, IP address, e-mail address, credit card and other
payment-related details, address and certain information regarding your use of the
Software, internet browsing and surfing habits, or any other information which
may be deemed personal information under applicable law. When you provide your
Personal Information to us using JAPAN RADIO, we receive
and store this information in order to respond to your user needs and requests.
For example, we may use your Personal Information when providing you with
customer technical support. You can choose not to provide your Personal
Information, but then you might not be able to take advantage of all the features
in JAPAN RADIO.
Information We Collect Automatically
We receive and store certain types of information
whenever you interact with us. For example, upon your confirmation, we receive
information from your mobile address book, which we use to allow other Licensees
of the Software who have been added in your address book list to communicate
with you. Like many communication software, JAPAN RADIO
supports the collection of your Personal Information, including but not limited
to geographical location data through optional “plug-ins” and the use of other
automated tools to allow other Licensees and you to share the Software and the
Services. Though such information will typically be used in an aggregated way
to improve our products and Services, some information we collect may be used
to offer you products and Services specifically based on your preferences and
usage.
In addition, our servers automatically recognize your IP
address and other technical information about your mobile device. See the
section below entitled “IP Address Information” for more information.
IP Address Information
Each time you use JAPAN RADIO and JAPAN RADIO services, your wireless telecom services operator
will provide our web server with your IP address, as well as other technical
information about your mobile device. In addition, our servers may look up the
IP address and other information about your mobile device so that we can:
1.display specific or localized content and
advertisements that may interest you based on the geographic location of your
handheld device, or
2.to enable certain features of JAPAN RADIO.
We do not combine your IP address or location information
with personally identifiable information about you.
Cookies
We use cookies to help personalize your online
experience. A cookie is a text file that is placed on your access device by a
web page server. Cookies are uniquely assigned to you, and can only be read by
a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a
practical feature that saves you time in your use of JAPAN RADIO
or JAPAN RADIO services. For example, if you personalize JAPAN RADIO services or register with various JAPAN RADIO services, a cookie helps in the recall of your
information on subsequent use or visits. This simplifies the process of recording
and inputting your Personal Information (such as one-click login). When you
return to use JAPAN RADIO services, the information you
previously provided can be retrieved by us, so you can
easily use the features that you customized.
You have the right to accept or reject cookies. Most web
browsers automatically accept cookies, but you can usually modify your browser
setting to reject cookies if you wish. If you choose to reject cookies, you may
not be able to experience fully the interactive features of JAPAN RADIO
or JAPAN RADIO services that you use or visit.
Location Information
Certain optional plug-ins of JAPAN RADIO,
such as ‘Shake’, ‘Drift Bottle’ and ‘Look Around’, collect and utilize your
geographic location data. Your geographic location data will be stored on our
web server for a short period and may be deleted from the server upon your
request by your use of the relevant deletion functions in JAPAN RADIO
settings.
Mobile Address Book Information
‘Contact Backup’, a plug-in of JAPAN RADIO,
will store your mobile address book data in an encryption server provided and
maintained by us. Data stored will be associated with your JAPAN RADIO
account. We will not disclose your information to any third parties (other than
persons acting on our behalf) without your consent.
HOW JAPAN RADIO USES YOUR INFORMATION
If we combine non-Personal Information with Personal
Information, the combined information will be treated as Personal Information
for so long as it remains combined.
We may use Personal Information we collect about you for
any of the following purposes:
·
to
carry out the Software verification service;
·
to
carry out the Software upgrade service;
·
to
improve the security of the Licensee's use of the Software and provide customer
support;
·
to
process payment and/or delivery of any products (including software licenses)
for products offered and sold via JAPAN RADIO;
·
to
better understand how users access and use our products and services, including
JAPAN RADIO, on
an aggregated and individualized basis, for the purposes of improving our
products and services, and to respond to customer desires and preferences;
·
to
improve our products and services by providing personalized experiences and
recommendations, language and location customization, personalized help and
instructions, or other responses to your and other customers’ usage of our
products and services;
·
to
communicate with you for other customer service, software verification or
software upgrades. This may include location verification for products and
services which may have limited geographical access, and the like;
·
to
offer you content, services, games or other products and services;
·
to
carry out commercial activities including, but not limited to, value-added
services, advertising, marketing and sales promotion;
·
to ask
you to participate in surveys about products and services;
·
to
provide you with news and newsletters, special offers, promotions, and targeted
advertising; and
·
to
improve our products and services by providing language and location
customization, personalized help and instructions, or other responses to your
and other customers’ usage of our products and services.
We may disclose information about you to third parties
acting on our behalf. These third parties may assist us with the collection of
information, marketing, resolving service problems, and correcting errors
related to the execution of our products including JAPAN RADIO.
However, we do not give these third parties an independent right to share or
use your Personal Information.
In addition, we may use your Personal Information for the
purpose of sending you messages (whether by messaging within JAPAN RADIO, email, SMS or other means) marketing, offering,
promoting or advertising:
·
our
goods and services and the goods and services of our Affiliates and joint
venture partners, including instant messaging services, online media services,
interactive entertainment services, social networking services, payment
services, internet search services, location and mapping services, on-line
advertising services and other social media, entertainment, e-commerce,
information and communications software and services (“Internet Services”);
and
·
third
party providers of Internet Services and goods and services relating to dining,
food and beverages, sports, music, film, television and other entertainment,
clothing and accessories, jewellery, cosmetics, personal health and hygiene, electronics,
home furnishings, and housewares, automobiles, transport and travel, banking,
insurance and financial services, loyalty and reward programs and other goods
and services that we think may be relevant to you.
You will only receive such messages from us where you
have subscribed to JAPAN RADIO’s official account or the
relevant third party’s official account.
HOW AND WHEN JAPAN RADIO SHARES INFORMATION
Information about our users is an important part of our
business, and we are not in the business of selling it to others. We share
customer information only when compatible with the purposes described above,
and when we have your permission or as described in this section.
JAPAN RADIO Affiliates
We may share your information with our Affiliates but
only if those entities are either subject to this Privacy Statement or follow
practices at least as protective as those described in this Privacy Statement.
Contractors and Agents
We may employ other companies and individuals to perform
functions on our behalf. Examples include, without limitation, sending postal
mail and e-mail, removing repetitive information from customer lists, analyzing information, providing marketing assistance
(including information concerning marketing and promotional programs), or
providing customer service or for other purposes within the ordinary course of
business. Furthermore, we may engage third party persons or entities (including
banks and credit card processing agents) whose principal places of business may
be, or that may be incorporated or situated in, places outside of Hong Kong, to
process payment and/or delivery of any products (including software licenses)
for products offered and sold via JAPAN RADIO.
These third parties have access to the Personal
Information needed to perform their functions on our behalf. We require these
companies to agree:
1.to provide adequate protections for your Personal
Information that are no less protective than those set out in this Privacy
Policy; and
2.to use your Personal Information only for the purposes
for which the third party has been engaged by us.
We or our Affiliates are not liable for the acts or omissions
of these third parties, except as provided by applicable law.
Third Party Offerings
Certain products (including software licenses) sold via JAPAN RADIO may be developed and/or owned by a third party
seller (“Third Party Products”). JAPAN RADIO will
identify the third party seller of each Third Party Product. JAPAN RADIO does not own or operate such Third Party Products,
including Third Party Products that you download and use through JAPAN RADIO.
These third party sellers have access to the Personal
Information needed for the purposes set out in (2) below.
We require these third party sellers to agree:
1.to provide adequate protections for your Personal
Information that are no less protective than those set out in this Privacy
Policy; and
2.to use your Personal Information only to:
a.process payment and/or delivery of any Third Party
Products (including software licenses) for Third Party Products offered and
sold via JAPAN RADIO;
b.provide Third Party Products updates (including
software updates), where applicable;
c.enable such third party sellers to process any
refund of products by or refund of payment to a Licensee; or
d.provide customer service of the third party
sellers.
We and our Affiliates are not liable for the acts or omissions
of these third party sellers, except as provided by applicable law.
When you download, purchase or utilize
Third Party Products, Personal Information may be collected by the third party
seller (other than for the
information and purposes described above). In such cases, you should review the
privacy policies and any agreements with such third party sellers to understand
how your Personal Information will be treated by those entities, as JAPAN RADIO is not responsible for your dealings with third
party sellers or their applications, products, services or software. JAPAN RADIO does not directly control how such third party
sellers process any Personal Information they collect in connection with the
Third Party Products you use.
Business Transfers
As we continue to develop our business, we might sell or
buy online stores, subsidiaries, or other businesses. In such transactions,
customer information generally would be one of the transferred business assets
but remains subject to the promises made in any pre-existing privacy statement
or policy (unless, of course, the customer consents otherwise).
Protection of JAPAN RADIO
We reserve the right to disclose your Personal
Information when we believe such disclosure is required to comply with the law,
judicial proceedings or other legal processes, or requests by courts or
government departments; to enforce or apply the terms of the EULA (or other
contracts entered into between you and us; or to protect the rights, property,
or safety of us, our employees, our users, or others. This includes exchanging
information with other companies and organizations for fraud protection and
credit risk reduction purposes. This does not include selling, renting,
sharing, or otherwise disclosing Personal Information from customers for
commercial purposes in violation of this Privacy Policy.
RETENTION OF YOUR INFORMATION
We may retain any information collected from you for the
period necessary to fulfill the purposes as outlined
in this Policy Statement unless a longer retention period is required by
applicable law or regulation.
Credit or debit card information may,
depending on local laws, be retained by us in order to enable you to quickly
and conveniently make purchases via JAPAN RADIO.
SECURITY OF YOUR INFORMATION
We are committed to protecting the security of your
Personal Information. We use a variety of security technologies and procedures
to help protect your Personal Information from loss, misuse, unauthorized
access, use, disclosure, alteration and destruction.
Please be aware that despite our best efforts, no data
security measures can guarantee 100% security all of the time.
Any information we collect will be securely processed,
stored and archived in databases and backups that could reside outside of your
jurisdiction, including without limitation outside the Hong Kong Special
Administration.
INHERENT RISKS AND PREVENTATIVE MEASURES
As with other mobile communication terminal software, JAPAN RADIO could be used as a tool for harassment and breaches
of security, including without limitation stalking or other criminal activities
(collectively, "Risks").
In order to minimize the Risks, the Licensee may consider,
without limitation, the following preventative measures:
·
do not
add or accept chat requests from unknown friends;
VOLUNTARY PROVISION OF PERSONAL INFORMATION
You can always choose not to provide your Personal
Information to us, but that may prevent you from being able to use or take
advantage of specific features of JAPAN RADIO.
PERSONAL INFORMATION OF MINORS
We are especially concerned about the safety and
protection of the Personal Information of minors collected and used online. We
do not knowingly collect or solicit Personal Information from anyone under the
age of 18. If you are under 18, please do not attempt to send any information
about yourself to us, including your name, address, telephone number, or e-mail
address. In the event that we learn that we have collected Personal Information
from a child under the age of 18 we will delete that information as quickly as
possible. We suggest that any persons under 18 years of age should use JAPAN RADIO with supervision from their parents or guardians.
EULA, Notices, and Revisions
If you choose to use JAPAN RADIO,
any dispute over privacy is subject to this Privacy Statement and the
provisions of the EULA and other contracts entered into between you and us,
including without limitation applicable limitations on damages, arbitration of
disputes, and application of the law of the Hong Kong Special Administrative
Region.
EXEMPTION OF LIABILITY
Unless expressly prohibited by applicable mandatory law, we, our Affiliates, and our and their employees, officers
and agents shall not be liable for:
1.any disclosure of your Personal Information as required
by law or regulation or relevant governmental authority;
2.any disclosure of your Personal Information as a result
of your own action or negligent act (including without limitation the
disclosure by you of your Personal Information to any websites, forums, or
social networking sites);
3.any consequence resulting from hackers, computer
viruses or malicious code or temporary closure of our services; or
4.any consequence resulting from Force Majeure Events.
In addition, all provisions of the EULA, including
without limitation the limitation of liability and indemnification provisions
shall also apply.
CONTACT US
If you have questions about the privacy aspects of our
products or services, please contact us b at smartraystudio@gmail.com with a thorough description of your
question or concern, and we will try to resolve it.