Guidelines for Using Distributed Apps
As of February 28, 2015
Article 1 Introduction
- DeployGate (hereinafter, the “service”) is an application delivery support service (including, but not limited to applications and web services) provided by DeployGate, Inc. These DeployGate distributed application usage guidelines (hereinafter, the “guidelines”) highlight matters of note while using applications distributed via this service (hereinafter, “distributed applications”) and features of this service related thereto (hereinafter collectively referred to as “distributed applications and features”). People using them (hereinafter, “users”) must consent to these guidelines and the DeployGate Terms of Service.
- DeployGate, Inc. may revise the Terms at any time for any reason at its sole discretion. Any revision becomes effective immediately after it is displayed on the service and the users use this service, unless expressly stated otherwise by DeployGate, Inc.
Article 2 Matters of Note During Use
- When using the distributed application, users agree that developers may use this service to browse and utilize the usage history (hereinafter, “usage history”) of the users of the distributed application (including, but not limited to, installation, activation, and operation).
- Users agree that DeployGate. Inc. may use data compiled from said usage history within the scope necessary to provide the service.
- In the event that a minor uses distributed applications, he or she must obtain the consent of his or her parent or guardian.
- Users may be denied the ability to use the service if any of the following situations apply:
(1) the user has undergone any disciplinary action for having violated these guidelines in the past;
(2) the user has undergone any disciplinary action on other services provided by DeployGate, Inc.;
(3) other situations that DeployGate, Inc. has deemed inappropriate.
- DeployGate, Inc may display advertisements on this service.
- DeployGate, Inc. will notify users about new services, deliver advertisements, contact users about matters relating to service or account administration, and provide other information. However, DeployGate, Inc. will not provide information, except for that needed to provide the service, if the user notifies DeployGate, Inc. by means of the prescribed methods that he/she does not want to be provided with this information.
Article 3 Maintenance of Usage Environment
- User shall properly maintain the entire environment required by the service including, but not limited to hardware, software, and network infrastructure to use the service at his/her own responsibility and expense.
- User shall take security measures corresponding to his/her usage environment against any malicious conduct or malfunction including but not limited to computer viruses, unauthorized access, and leakage of information.
- DeployGate, Inc. shall not be liable for any usage of the user environment and any loss or damage arising therefrom.
Article 4 Rights and Responsibilities Pertaining to the Distributed Application
- The rights for the distributed application belong to the developer of the applicable distributed application (hereinafter, the “developer”).
- The responsibilities for the distributed application belong to the developer. In the event that the user makes use of the distributed application, he or she must adhere to the terms set by the developer of that application and acknowledge and agree that DeployGate, Inc. bears no responsibility for the distributed application. Furthermore, in the event that DeployGate, Inc. is the developer, DeployGate, Inc. will set separate terms that the user must adhere to.
Article 5 License Agreement for the Application, etc.
- If DeployGate, Inc. provides a service in the application, DeployGate, Inc. grants a non-exclusive and non-negotiable right to use the service at no charge to the user in accordance with the conditions established by these guidelines. These guidelines do not grant rights of use for upgrades to the service or version of the service to be developed in the future.
- DeployGate, Inc. may change the functionality of the service or specifications without notifying the user. At DeployGate, Inc.’s convenience, DeployGate, Inc. may restrict the use of some or all of the functions of the service, suspend, discontinue or terminate the service.
- User shall not reproduce the service in any form without permission, reprint, redistribute, etc. without prior written permission from DeployGate, Inc.
- Program data and related document files, etc. required for the operation and the display of the service may automatically change or upgrade without notice.
Article 6 Changes to the Service, etc.
Depending on its own circumstances, DeployGate, Inc. may add to, change, suspend, and terminate the service at any time and at its own discretion.
Article 7 Handling of Personal Information
Article 8 Rules of Conduct
- A Developer shall not, by using the service, develop Applications that include any content that:
(1) infringes or may infringe intellectual property rights, including but not limited to any copyright and trademark of DeployGate, Inc. or any other third party or entity;
(2) infringes or may infringe property of DeployGate, Inc. or any other third party or entity;
(3) discriminates or defames DeployGate, Inc., any other third party or any entity, encourages discrimination against and/or damage the reputation of DeployGate, Inc. , any other person or entity;
(4) claiming to be someone other than themself, presents something even though there is no right of representation or authority of representation, purports to be in partnership with any other person or organization;
(5) leads to or may lead to illegal activities including but not limited to fraud, abuse of prohibited drugs, child prostitution, illegal trading of bank accounts and mobile phones;
(6) act of sending obscene information such as child pornography, child abuse, and other cruel or obscene expression, the act of selling the medium that recorded such information, or sending them, acting to display advertisements to evoke sales;
(7) act of use for the purpose of sexual, obscene, or other similar act;
(8) designed to create an opportunity to date between unacquainted persons;
(9) promotes a user to engage in illegal gambling;
(10) undertakes to commit, brokers, or induces people to commit, any illegal act (such as transfer of handguns, manufacture of explosives, provision of child pornography, counterfeiting of official documents, murder, and intimidation);
(11) solicits a user to commit suicide, acts such as introducing a method of suicide, or acts that present a high risk of harm to others
(12) act of sending information regarding such as murder, injury scenes, corpses, other cruelty, providing someone with a sense of disgust, socially unacceptable, DeployGate, Inc. finds other user are likely to feel uncomfortable;
(13) act of creating an endless chain ( pyramid scheme), or to solicit this;
(14) rewrites or deletes without authorization information accumulated in the facilities of DeployGate, Inc.;
(15) act to distribute viruses or harmful computer programs, code, and files which are designed to interfere and destroy or limit software, hardware, or electronic communication devices.
(16) places or may place an undue load on the server of DeployGate, Inc. or any other third party or entity or obstructs or may obstruct the operation of the DeployGate service and network systems;
(17) knowing that an act is applicable to any of the preceding items, act in order to encourage such an act;
(18) violates or is deemed to violate statutes, laws, regulations, or violates or is deemed to violate third party rights in DeployGate, Inc.’s sole discretion;
(19) otherwise deemed inappropriate such as an inconvenience to other users by DeployGate, Inc..
Article 9 Prohibition of Transfer of Rights
The user can not relocate, transfer or otherwise dispose of the transfer of any rights or obligations under these Terms to a third party except as otherwise provided in these Terms.
Article 10 Exclusion of Liability
- DeployGate, Inc. shall not be liable for any loss or damage arising from a change in this service, usage restrictions, interruptions, discontinuation of provided services, or termination except by intentional or gross negligence.
- DeployGate, Inc. shall not guarantee anything about the content and the safety of the distributed application, DeployGate, Inc. shall not be responsible for damages caused by it.
- DeployGate, Inc. shall not be responsible for the all operation of this service, warranty of compatibility for a particular purpose, the accuracy and reliability of results related to the use, and shall not be liable for warranty of any content.
- DeployGate, Inc. shall not be responsible if display speed decreases or troubles arise due to high access volume or other unforeseeable causes.
- DeployGate, Inc. shall not be required to monitor or retain Application Delivery. DeployGate, Inc. shall not be responsible or liable for any thing if there are any problems using the Application Delivery service.
- DeployGate, Inc. may inspect, retain, and disclose to a third party any information from the content of this Application Delivery , and shall not be liable for any loss or damage arising therefrom, in cases where:
(1) it is necessary for analyzing the causes of, and resolving, any technical problems of this service;
(2) DeployGate, Inc. receives an official inquiry from a court, police, or any other public body pursuant to laws and regulations;
(3) in the judgment of DeployGate, Inc., these Terms have been or may have been violated, making it necessary for DeployGate, Inc. to check the content of the Application Delivery;
(4) in the judgment of DeployGate, Inc., there is an imminent danger to the life, body, property, etc. of a person and an urgent need to conduct the Inspection, etc.;
(5) it is otherwise necessary for operating this service properly;
- If, in the judgment of DeployGate, Inc., there are reasonable grounds to believe that a developer has or may have violated these guidelines, DeployGate, Inc. may take measures it deems necessary against the user without prior notice such as deletion of the Application Delivery and limitation of the use of the service, etc., and shall not be liable for any loss or damage arising therefrom except by intentional or gross negligence. Users shall not dispute measures that we have carried out in accordance with the provisions of this section.
- Regardless the provisions of these guidelines, DeployGate, Inc. shall not be responsible for damages listed in the following items regard to this service:
(1) damages resulting from reasons not attributable to DeployGate, Inc. responsibility;
(2) regardless of whether or not the circumstances were foreseeable, damages resulting from special circumstances;
(3) damage caused by any act essential to provide this service, such as the maintenance;
This document is an English translation of the original version for reference purposes only. The original version is written in the Japanese language (Guidelines for Using Distributed Apps (Japanese)). In the case of any discrepancy between the original Japanese version and this English translation, the original Japanese version shall prevail.