Terms of Use of Mylingual Service Cybozu Labs, Inc. Customer (hereinafter called "Customer") who intends to use Mylingual services (hereinafter called "Services") provided by Cybozu Labs, Inc. (hereinafter called "Cybozu Labs") can make use of Services in accordance with the terms of use (hereinafter called "the Terms of Use). Once you (Customer) use Services, your such act constitutes your agreeing to information in the Terms of Use. The Terms of Use is subject to change without notice. We recommend you to make sure and use updated Terms of Use. To use Services, Customer will need to install "Mylingual Extension". Please check up on and make sure Licensing agreement of "Mylingual Extension" before you begin to use "Mylingual Extension". When you use Services, another bylaws, guideline, policy, etc. may be added to the Terms of Use according to each specific service. So, please make sure this point before you begin to use each of Services. Please note that said bylaws, guideline and policy will constitute part of the Terms of Use. Article 1. Definitions As used in the Terms of Use, the following terms shall have the following meaning: "Contents" shall mean all pieces of information received and collected by Services, and information provided in Services including but not limited to photographic image and text data. "Partner(s)" shall mean the person who licenses the use of his or her own Contents in Services to Cybozu Labs. "Registered service" shall mean service that Customer uses using his or her own account granted by Cybozu Labs after Customer registers his/her information, out of Services. Article 2. Purpose of the Use Customer may use Services solely for the purpose of viewing and using Services. Customer may not use Services in whole or in part for any commercial purposes (whatever be the form of use, reproduction, duplicating and/or copying). Article 3. Fee Part of Services is subject to be provided for a fee. With regard to fee-based service, Cybozu Labs will present to Customer bylaws regarding the service and we will offer it to him or her upon obtaining his or her consent. Please check up on and make sure this before you begin to use each of Services. If you wish to use a linked site of Services, you are supposed to abide by the terms of use specified in each of the linked sites. So, please check up on and make sure this on each linked site. Article 4. Use of Registered Service When you wish to sign up with Cybozu Labs for the use of Registered service, you will be asked to submit information specified by Cybozu Labs for the purpose of identifying the content of your signing up including your e-mail address (hereinafter collectively called "Customer's information, etc.") in a way specified by Cybozu Labs such as through a website. Customer's information, etc. must be always updated, accurate and true one. Customer's information, etc.'s submission constitutes his or her signing up for Registered service with Cybozu Labs and only if Cybozu Labs consents to his/her intention to sign up with Cybozu Labs, an account will be issued to Customer and thus, Customer will be allowed to use Registered service. There are times Customer will need to sign up with Cybozu Labs for each specific Registered service. In the event that the individual application falls under any of the following circumstances, there are times we will not accept your signing up for Registered service or cancel the agreement and decline your use of Services and any other services provided by Cybozu Labs: if signing up for Services or the other services was carried out using untrue, incorrect information; if the applicant has ever failed to perform his/her contractual obligations for the individual service provided by Cybozu Labs or if Cybozu Labs deems it possible for such failure to occur again in the future; if continual offering of Services is deemed difficult by rational reasons; if such signing up is deemed to significantly affect Cybozu Labs' executing operations. In the event any change(s) has arisen in Customer's information, etc., the following shall apply: if any change in Customer's information, etc. including his or her e-mail address arises, he or she needs to change it in an orderly manner without delay; if Customer notifies Cybozu Labs that he or she made a change in his or her address, Cybozu Labs' making contact with and/or notifying Customer shall be addressed to his/her new address. In the event a change in Customer's information, etc. is made without notice, Cybozu Labs does not accept any liability whatsoever for any damage caused to Customer and/or a third party due to Cybozu Labs' notification to the former contact address or Cybozu Labs' failure to get in touch with Customer. When Cybozu Labs grants the use of Registered service, Cybozu Labs may issue ID and password to Customer. Customer is supposed to keep ID and password thus issued at hand on his or her own responsibility. Cybozu Labs does not accept any liability whatsoever for any damage due to loss of ID or password, its leak or unauthorized use and so forth. Please note that if you forget your password, you may no longer continue to use the service. Article 5. Handling of Customer's Information, etc. Cybozu Labs will use Customer's information, etc. for the following aims: Offering, governing and managing Services; Making necessary contact with Customers when Customer begins to use it; Sending information on campaign, products and/or services and sending out questionnaires. In the event a free gift needs to be shipped as a result of campaign or questionnaires, Cybozu Labs may use Customer's information, etc. to this end. When Cybozu Labs receives notification from Customer to the effect that he or she is not willing to receive such information, Cybozu Labs will no longer send it. Cybozu Labs may make Customer's information, etc. known to the public in the following circumstances: when Cybozu Labs discloses nickname specified by Customer and/or Customer's information, etc. disclosure of which Customer has agreed upon to other people who are using Services for the purpose of enabling these fellow customers to identify each other in such services as blogging and discussion board; when, in the event that Services contains services provided by Cybozu Labs' partner(s), Cybozu Labs discloses Customer's information, etc. to the partner(s) with the aim of conducting investigations or giving answers to respond to Customer's inquiry, if any; In the event that Customer applies for services provided by the partner(s) in addition to Registered service provided by Cybozu Labs, Cybozu Labs may disclose to the partner(s) Customer's information, etc. necessary for such application; when falling under Article 11, Paragraph 3 of the Terms of Use; In the event of exception by law. For further matters, please refer to Privacy Policy described below this Terms of Use. Article 6. Withdrawal from Membership, Cancellation and Termination Customer may withdraw from Cybozu Labs membership anytime in a manner prescribed by Cybozu Labs. When Customer wishes to cancel or terminate Registration, do so in a prescribed manner. In the event that Customer falls under any of the following categories, Cybozu Labs may terminate Customer's eligibility for using Services without notice. Once the eligibility is terminated, Customer will no longer benefit from the use of Services. In case of Customer's failure to carry out his/her duty of notification specified in this Paragraph, Cybozu Labs may deem Customer to have withdrawn from Cybozu Labs membership: if Customer commits any breach of any of the provisions and/or requirements specified in the Terms of Use; if there is a false, untrue description in the filled-out application form or an incomplete form; if Customer has affected Cybozu Labs' executing operations and/or network managed by Cybozu Labs or his or her act is suspected to have affected them; if Cybozu Labs cannot get in touch with Customer over a long duration; Any other cases specified by Cybozu Labs separately. Article 7. Intellectual Property Rights, etc. Copyright, trademark right, design right, patent right, utility model right, know-how and other rights concerning Services and Services' individual contents (hereinafter called "Intellectual Property Rights, etc.") will belong to Cybozu Labs and its partner(s) with the exception of contents which are sent or transmitted by Customer (hereinafter called "Posted Information"). Intellectual Property Rights, etc. concerning contents Customer has sent or transmitted on Services website will belong to Customer or its provider. These Intellectual Property Rights, etc. are protected by law and treaty concerning copyright law, trademark law and other intangible property right. Therefore, Customer is supposed to handle these just the same as other copy right works. In the event that Customer sends or transmits contents to Services, Customer's such act of sending or transmitting constitutes his or her giving Cybozu Labs the right to use the contents on a nonexclusive basis free of charge [including replication, reproduction, alteration, translation, adaptation, creation of secondary copyright works, distribution, public transmission, transmittability, lending, transfer, licensing (including sublicensing) and the right to put a film on the screen], and any Customer who has sent or transmitted the contents to Services is deemed to waive moral right against Cybozu Labs. There are times Cybozu Labs distributes via the Internet Posted Information by adding advertisement by Cybozu Labs, its partner(s) or any other person permitted by Cybozu Labs onto said Information. Customer may not perform replication, reproduction, alteration, translation, adaptation, public transmission, transmittability, leasing, transfer, licensing and the right to put a film on the screen without the prior consent of the right holders for the individual contents (such as Cybozu Labs, its partner(s) and Customer who has sent or transmitted the contents). In case Customer infringes on individual contents holder's intellectual property rights or information sent or transmitted by Customer infringes on a third party's intellectual property rights, portrait rights, privacy rights and any other rights, Customer is immediately responsible for such infringement, whereas Cybozu Labs assumes no responsibility for that. If Cybozu Labs suffers damage in this case, the violating Customer will be liable to Cybozu Labs for paying in full in damages. Article 8. Authentication by Cookie In Services, there are times cookies are sent to web browser of Customer who visited Services. Cookie will be used as part of access authentication necessary for making Services more useful. This authentication enables Services to retain and redisplay Customer's personal settings. In Services, there are times cookies are transmitted when Customer gains access to Services by sending specific ID through Cybozu Labs products. Customer's access authentication is carried out using these cookies each time he or she gains access to Services. The use of cookie requires security setting of "accepting cookies" in a Web browser. If configured otherwise, you might not be able to use the function of authentication through the use of cookies. Please note that an expiry dates are set for the cookies, therefore, there are times you may not use some service as a result that your cookie(s) expires while at use of Services. In that case, your sending specific ID through Cybozu Labs products to gain access to Services enables you to regenerate the authentication cookie. We are managing authentication information with the greatest possible care, but in case of your (Customer's) information being abused by a third party, our company will assume no responsibility whatsoever for any damages resulting from the use of this site. When you use Services through Cybozu Labs products, this site may authenticate the user by an automated system as a result of your acquiring specific ID for Cybozu Labs products. Article 9. Prohibited Matters Customer may not engage in acts listed below or post information or contents that could lead to those listed: Act offending public order and morals (antisocial activities and its propaganda activities); Criminal action (including delivery of infected or junk or spam mail and/or chain letters or uploading and/or distributing harmful files, assisted murder, abduction of a minor and act corresponding to pyramid scheme) and action encouraging such criminal action or suggestive of its execution; Act violating intellectual property rights held by Cybozu Labs, its partner(s), fellow Customer or a third party; Act that is detrimental to property held by, tarnish credibility or honor of Cybozu Labs, its partner(s), fellow Customer or a third party as well as any act violating privacy rights, portrait rights or any other rights; Offense against law or treaty whatever it may be intentional or accidental; Act putting Cybozu Labs, its partner(s), fellow Customer or a third party at a financial or mental disadvantage; Act giving Cybozu Labs, its partner(s), fellow Customer or a third party mental abuse and/or harassment; Pre-election campaign, election campaign or action similar to these as well as act violating the Public Offices Election Law; Act using Services for commercial purposes including publicity for his/her own or a third person's business operation with the exception of the case accepted by Cybozu Labs separately; Act which is deemed to have a malign influence upon minors; Act which is deemed to be social action relative to sex morals, religion or politics; Act hampering the operation of Services and all other services provided by Cybozu Labs or act which Cybozu Labs considers as the one that could lead to do so; Act which tarnishes credibility or honor of Services and all other services provided by Cybozu Labs or act which, according to Cybozu Labs, is suspected to do so; Act infringing on provisions of the Terms of Use; Act collecting and/or accumulating personal information; Act which Cybozu Labs deems to be inappropriate. Article 10. Storage, Elimination of Posted Information and Disclosure of Poster's Information Setting of retention period and that of available-for-viewing period for the individual contents and Posted Information are left up to Cybozu Labs' discretion. If Cybozu Labs deems Posted Information to fall under any of the following categories, Cybozu Labs may eliminate such Posted Information in whole or in part without obtaining the consent of Customer and/or a third party: if Cybozu Labs deems it to be against the Terms of Use; if Cybozu Labs deems it inappropriate to allow public access to Posted Information. If Cybozu Labs deems it necessary, such as necessary for complying with the provisions of the Terms of Use, necessary for legal requirements or legal procedures and necessary for protecting the rights of Cybozu Labs, its partner(s), fellow Customer or a third party, Cybozu Labs may store or disclose to a third party any information on Posted Information (including information regarding the poster on Services and what not). Cybozu Labs shall assume no responsibility whatsoever for any dispute, claim or damage arising out of deletion of Posted Information and disclosure of information relative to Posted Information and Customer shall consent to this clause. Therefore, if Cybozu Labs suffers damage from any of these cases, Customer will be liable to Cybozu Labs for paying in full in damages. Article 11. Exclusion of Liability In operating Services, Cybozu Labs stipulates exclusion clause as listed below. Please note that Customer will use Services on his or her own responsibility and that Customer hereby confirms and gives consent that Customer will be liable for all risks relating to the use. Waiver of contents' reliability, accuracy, usefulness, integrity and safety: There are times Cybozu Labs will grant Customer who has consented to the Terms of Use visiting Services, followed by posting his or her contents, but Cybozu Labs does not warrant the contents and/or certain supply of Services, result of his/her access and information security; Use of Services on Customer's own liability: With regard to contents including Posted Information, Cybozu Labs does not warrant the reliability of its contents, accuracy, usefulness (benefits) and integrity, including the points whether of having a necessary legal right as to voluntary use method by Customer such as storage and/or duplicating of data by Customer. Therefore, Cybozu Labs does not assume liability for any trouble and/or dispute arising out of the use of Services. Use Services on your (Customer's) own responsibility. Please check up on and make sure such matters as copyright, confidentiality, defamation, preservation of decency, export law and compliance with his/her legal obligation on your own responsibility. Liability for information linked from Services: Cybozu Labs does not check up on to identify site and data linked from Posted Information. Cybozu Labs does not warrant the contents of site and/or data linked from Services, such as information accuracy, newness, lawfulness, morality, authenticity of being copyrighted and adequacy. Please note that Services and information provided by Services will not necessarily ensure satisfying Customer's demands. Therefore, even if said information causes damage to Customer and/or a third party, Cybozu Labs will not be liable for such damage. Liability arising from temporary interruption: Cybozu Labs may temporarily discontinue provision of its service without notice to Customer by reason of the following and in such case, Cybozu Labs will assume no liability for the discontinuation of such service: [1]when Cybozu Labs provides maintenance, checkup and/or repair of the system; [2]when Cybozu Labs is rendered unable to provide its service due to fire or failure of power supply; [3]when Cybozu Labs is rendered unable to provide its service due to act of God and so on; [4]when operation or technology prevents Cybozu Labs' supplying Services temporarily. Article 12. Customer Liability Cybozu Labs will never be involved in any complaint or claim arising out of contents posted during the supply of Services, use of Services by Customer or in relation to Customer's connecting to Services, a violation of the Terms of Use or an infringement of a third person's rights by Customer. In such case, Customer shall solve the issue at his/her expense and on his/her own responsibility. In case any expense is incurred in Cybozu Labs for the purpose of coping with said complaint or claim or Cybozu Labs was obliged to pay monetary damages, Customer shall pay to Cybozu Labs to reimburse said expense and/or monetary damages (including attorney's fee which Cybozu Labs advanced on behalf of Customer). Article 13. Change or Termination of Services Cybozu Labs may change the details of Services without notice to Customer, and Customer shall consent to such change. Cybozu Labs shall not be liable for any disbenefit or damage caused to Customer resulting from deletion of contents and/or Posted Information, denial of access to contents and/or Posted Information, termination of a specific service. Cybozu Labs may bring Services to a stop or end it without notice to Customer. And in the event Cybozu Labs stops or ends Services, Cybozu Labs will not be liable to Customer for any damages. Posted Information posted by Customer may be eliminated as a result of the termination of Services. Article 14. Halt and/or Discontinuation of Use Cybozu Labs may bring the supply of Services to a halt without notice to Customer in case Customer falls within any of the following categories: when Customer infringes on any of the provisions of the Terms of Use; when Customer is in danger of causing damages or defamation to Cybozu Labs, individual contents' providers, linked site and a third party. Services may be changed or discontinued without notice to Customer. Please note that Cybozu Labs shall assume no liability for any damage (either directly or indirectly) arising thereby. Article 15. Governing Law and Jurisdiction The Terms of Use is governed under the laws of Japan without giving effect to any principles of conflicts of laws. If any dispute should arise in relation to the Terms of Use, the Tokyo Summary Court or Tokyo District Court has competent jurisdiction of the first instance depending on the amount claimed. 2007 Cybozu Labs, Inc. The Terms of Use may be changed without notice.