Scalably Terms of Use
“Campaign.Scalably and App.Scalably Terms of Use” (the “Terms”) specifies the conditions of use of “Campaign.Scalably and Apps.Scalably,” a multilingual community platform service, and services related thereto (the “Services”) provided by Scalably Inc. (“Scalably” or “we”).
The Services enable the User to participate in community groups for exchanging opinions and information on topics such as news and press releases of firms, organizations, and communities, etc., which are collected (or received) via the Internet by Scalably.
In these Terms, “User” means the user of the Services, and the User is deemed to have agreed to these Terms and personal data protection policy upon registering as a member of the Services.
Article 1 (Scope of Application)
1. These Terms shall apply to everything relating to use of the Services and services incidental thereto operated by Scalably.
2. Regarding services and the like applying only to specific members, the contents and conditions of use, etc. of the individual service (the “Conditions of Use for Individual Service”) set forth on the website through which Scalably provides the Services (the “Website”) shall also apply in addition to these Terms; and the Conditions of Use for Individual Service shall also constitute part of these Terms. If the Conditions of Use for Individual Service and these Terms contradict or conflict with each other, the Conditions of Use for Individual Service shall have precedence.
Article 2 (Required Environment)
An internet connection is required to use the Website or to use third-party services, contents, and resources through the Services. In either case, the communication fee will be borne by the User.
Article 3 (Use of the Services)
1. The Services may be used only by persons who comply with these Terms, as well as the laws and regulations of Japan and laws and regulations applicable to the User. Minors under Japanese laws and regulations or laws and regulations applicable to the User shall be deemed to have expressed and guaranteed that they obtained permission to use the Services from their guardians (legal representatives).
2. The User will be able to use the Services for free as a member after creating an account by entering the information required for membership registration (“User Account Information”), and registering as a member. Upon completion of membership registration, the agreement to use the Services under these Terms is concluded between Scalably and the User (the “Agreement”). In the Services, functions available, such as accessible content or the like, vary according to member type, the details of which are set forth in the Conditions of Use for Individual Service.
3. The Services shall be used by individuals; use and creation of an account by a corporation or organization shall require a separate application to and acceptance by Scalably.
4. If Scalably determines that a User falls under any of the following items, Scalably may, without prior notice and demand, etc., refuse membership registration, suspend the account or temporarily suspend access to the Services, or terminate the Agreement, delete the account, and permanently suspend access to the Services or delete the User Content (as defined below).
1) In the case of a violation of these Terms;
2) In the case of death or being subject to an order for commencement of guardianship, curatorship, or assistance;
3) In the case of previously being subject to measures provided in the main sentence of this paragraph;
4) In the case of having a criminal record or non-conviction record;
5) If it is discovered that the User is an organized crime group, a member of an organized crime group, an associate member of an organized crime group; a corporate extortionist; groups engaging in criminal activities under the pretext of conducting social campaigns; crime groups specialized in intellectual crimes; and other equivalent antisocial forces (collectively, “Antisocial Forces, etc.”), or if the User has some type of interaction or engagement with Antisocial Forces, etc., such as cooperating with or engaging in the maintenance, operation, or management of Antisocial Forces, etc. through funding or other acts;
6) In the case of not using the Services for three months or more despite registering as a member; and
7) In addition to the above items, if we determine that the measures provided in the main sentence of this paragraph are appropriate.
5. The User shall adhere to the following terms when registering as a member of the Services.
1) The User shall not provide false personal data and create an account of another person without Scalably’s permission;
2) The User shall not create multiple personal accounts;
3) If the account is suspended or deleted by Scalably, the User shall not create a new account without Scalably’s permission;
4) The User shall maintain the contact information of the account in a condition that ensures that the User receives our e-mails;
5) The User shall not share its password, permit another person to access the account, and shall not do any other acts that could undermine the account security;
6) The User shall not transfer the account to another person; and
7) The User shall properly safeguard the password, etc. of the account carefully at its own risk and preserve confidentiality. If a User finds evidence that the User’s account was used by an unauthorized person, the User shall immediately notify Scalably.
6. Even if the account of a member was used by a third party other than the member, we may deem that the account was used by the member.
7. We may post ads on the Website, and include an ad in the information provided to the User through the Services.
Article 4 (Change, Suspension, and Termination of the Website and the Services)
We may, without prior notice to the User, change (including addition, restriction, and deletion, etc. of functions), suspend (including temporary suspension for maintenance), or terminate the Website or the Services, or delete content and the like included therein, and may also terminate the Agreement if it is necessary in accordance therewith.
Article 5 (Posting, etc. by the User and Use of the User Content)
1. The Services provide opportunities for the User to post and display comments, remarks, etc. on news and press releases, etc., and share them with another User of the Services or on social networking services provided by third parties. All comments that the User themselves post, display, and share or everything relating to them shall be referred to as the “User Content” in these Terms, and be subject to the following conditions.
2. The User Content includes information, views, opinions, and suggestions sent by a large number of individuals and organizations. Although we may browse the User Content and handle them under Article 6, paragraph 3, we do not support the suggestions and opinions of a specific User, and will not review and edit the User Content regularly. The User shall agree to browse and use the User Content at their own judgment and responsibility.
3. The User shall guarantee and warrant that the User Content they post on the Services will not infringe the rights of third parties or violate the laws and regulations of Japan or the laws and regulations applied to the User. These rights or laws and regulations include intellectual property rights, right of integrity, and privacy rights, etc.
4. If a User wishes to request deletion of User Content for reasons such as comments or other User Content posted by another User violate these Terms, infringe the User’s rights or otherwise, the User shall make such deletion requests to the person who posted the User Content or other User who has the authority to delete such User Content on the Services, and shall not make deletion requests to Scalably.
5. Notwithstanding the preceding paragraph, we may delete the User Content without prior notice at our own discretion if we determine that comments and other User Content violate these Terms; if we are requested by administrative organs, court, and other third parties to delete them; or if we are obligated to delete them pursuant to the applicable laws and regulations; or if we determine that it is otherwise necessary. Even in such a case, the decision on whether to delete the User Content is a discretionary matter of Scalably, and Scalably does not owe any obligation to the User to delete or refuse to delete the User Content. The User shall not file an objection or pursue the liability of Scalably regarding Scalably’s decision. In addition, Scalably shall not be obliged to acquire a backup of the User Content, including in the case of deletion of the User Content.
Article 6 (Copyrights, etc.)
1. All copyrights, trademark rights, and all other intellectual property rights and other property rights concerning the Services and the Website (including their source codes) and all content other than User Content posted on them (collectively, “Services Components”) belong to Scalably or third parties such as licensers who grant licenses to Scalably.
2. All copyrights, trademark rights, and all other intellectual property rights and other property rights concerning the User Content belong to the User who posted the User Content, or to the rightful owner where the rights of such User Content are attributed to a third party other than the User.
3. By executing the Agreement, the User grants to Scalably and persons who succeeded to the rights from or who were licensed by Scalably a gratuitous, irrevocable, transferable, and sub-licensable license right regarding all rights concerning the User Content specified in the preceding paragraph (the scope of sublicense may be freely determined on condition that it is within the scope of rights licensed to Scalably) to use, duplicate, transmit to the public, distribute, translate, adapt, or otherwise use the User Content in any way specified in the Copyright Act of Japan or the copyright act that applies to the User, without limitation on duration, region, and purpose. In addition, if the rights concerning the User Content are attributed to third parties, the User shall prevent Scalably or its successor or licensee from being held liable for infringement of rights by receiving any transfer or grant from the rightful owner so that Scalably will be able to receive the grant of rights under this paragraph. The User shall not exercise and shall prevent a third-party rightful owner from exercising the moral rights of an author against Scalably and its successor or licensee.
Article 7 (Prohibited Matters)
The User shall not engage in any of the following acts or preparatory acts on their own or through third parties in using the Services.
1. Acts of duplicating, reprinting, publishing, announcing, transferring, transmitting to the public, translating, modifying, and using in any other manner or enclosing, by use of frame or frame technology, the Services Components or the User Content to which the User themselves does not have rights, without the express written consent of the rightful owner.
2. Acts of duplicating, reprinting, publishing, announcing, transferring, transmitting to the public, translating, modifying, and using in any other manner or enclosing, by use of frame or frame technology, the materials and all or part of the other data provided to the User in connection with the Services, the name of Scalably or the Services, domain name of the Website, any trademark or logo of Scalably, or form, layout, and design, etc., included in the Services Components, without the express written consent of Scalably.
3. Acts of analyzing, modifying, creating a source code derivative of, decompiling, and conducting other acts to reverse engineer the Services Components.
4. Other acts of infringing or acts that may infringe the intellectual property rights such as copyrights and trademark rights of Scalably or the rightful owner having legitimate rights.
5. Registering accounts or accessing the Services using automated means (information collection bot, robot, spider, and scraper, etc.).
6. Having another User log in to the Services with the User’s own account, logging in to the Services with another User’s account, and impersonating a third party or obtaining or trying to obtain information for that purpose.
7. Acts of transmitting programs and data of computer virus, malware, etc., which are intended to cause the malfunction of software, etc., including web application.
8. Acts of unauthorized access to the Website or telecommunications facility, computer, and other devices or software that are held or operated by Scalably, acts of obstructing or acts that may obstruct such use or operation, or collecting information to conduct these acts.
9. Other acts that have or may have an adverse effect on the Services or information security on the Website.
10. Implementing pyramid marketing and other illegal multilevel marketing, etc., or making that solicitation using the Services.
11. Soliciting specific religious organizations, political organizations, antisocial forces, and activities relating to them using the Services.
12. Selling products and services or soliciting such sale, or inducing or soliciting other Users to other websites, etc., using the Services, through which the User can obtain monetary benefit by such other Users’ access.
13. Providing the Services to third parties as part of other services or soliciting such provision.
14. Other acts such as posting the User Content, sending a message to other Users, or otherwise using the Services, for the purpose of obtaining monetary benefit.
15. Acts that constitute bullying, insult and malicious slander, intimidation, harassment, or impersonation of a third party.
16. Posting the User Content that includes: content that is discriminatory, threatening, or induces violence; nude and other indecent content; depiction of violent and brutal content; false information or information that enables identification of a third-party’s privacy or an individual (such as photographs of a third party).
17. Posting the User Content (including advertisement and public notice) that includes solicitation or endorsement of illegal gaming and gambling, suicide, drugs, runaway of minor, underage drinking, interaction with the opposite sex or same sex outside the Services, or the use of adult services.
18. Posting similar User Content repeatedly, posting meaningless User Content or User Content that is not relevant to the content expected to be posted on the relevant page, and taking other acts for the purpose of interfering with the comfortable use of the Services.
19. Other acts that are illegal under the laws and regulations of Japan and laws and regulations applicable to the User, acts that are malign under the public policy of Japan and the country in which the User resides, or acts that could be misunderstood to constitute such acts.
20. In addition to the above items, acts of facilitating or recommending the violation of these Terms, interfering with the operation of the Services, damaging the credibility of Scalably or infringing on Scalably’s property, causing disadvantage to Scalably, or other acts that we deem inappropriate given the purpose of use of the Services.
Article 8 (Protection of Personal Data)
1. Regarding the User Account Information and other personal data provided to us, we handle that information pursuant to the privacy policy prescribed by Scalably.
2. We may freely use or disclose at our discretion the information collected through the Services that does not constitute personal data (for the User Content to which the User has intellectual property rights, etc., within the scope licensed under Article 6, paragraph 3), and we may preserve, change, or delete such information at our discretion during the term of the Agreement, and even after the termination of the Agreement.
Article 9 (Scope of Liability and Compensatory Damages)
1. To make the Services available to as many users around the world as possible, content posted on the Website (including User Content) is provided in multiple languages via machine translation. Although great and utmost care is given to the translation process so that proper translation results can be generated, the content of the machine translation is not complete and may include incorrect information. The User shall check the source (origin of information and the content of such information) of each piece of content on its own to confirm the appropriateness and authenticity of the information. Scalably will not owe any responsibility for contradictions and inconsistencies in information arising from translation as well as the disadvantages, loss, etc. caused by it.
2. In addition, Scalably will not guarantee or warrant the completeness, confidentiality, availability, truth, accuracy (including the accuracy of translation as prescribed in the preceding paragraph), legality, and non-violation of third parties’ intellectual property concerning the Services Components, User Account Information, User Content and other function or information provided in the Services. Further, Scalably will not be obliged to resolve or address the items listed below, and will not owe any responsibility for damage, loss, or expenses and costs incurred by the User arising from or in connection with any of the items listed below or the aforementioned non-guaranteed items.
1) Violation of these Terms by the User or other Users or the User’s actions that do not comply with the intended purpose of use or the intended usage of the Services;
2) problems, disputes, etc. between the User and other Users;
3) actions of a malicious attacker or other third parties (including suspension or discontinuance of the Services arising from or in connection with a third party’s action, leakage of, damage to, or unauthorized use of User Account Information or other information, and impersonation of a User or similar actions by any third party);
4) contents of or suspension or discontinuation of provision of products, services, or information provided by a third party other than Scalably, such as usage environment of the Services prepared by the User, social network services used by the User, or a third-party service providing a translation function for the Services;
5) changes to the details of the Services, suspension or discontinuation of provision of the Services, or termination of the Agreement, pursuant to Article 3, paragraph 4, or Article 4;
6) fire, earthquake, tsunami, flood, typhoon and other natural disaster, epidemic, infection control measures due to an epidemic, line congestion, line disruption, server failure or failure of other equipment used to provide the Services, establishment and amendment of laws and regulations, disposition by a governmental organization, strike, lockdown, riot, disturbance, war, terrorism, or other events beyond Scalably’s reasonable control; and
7) other items set forth in these Terms regarding which Scalably will not owe any obligation or liability.
3. Even if Scalably violates the obligations it owes under the Agreement, unless it is found that the violation arose from Scalably’s intentional or gross negligence, Scalably will not owe any default liability, tort liability or otherwise to the User. However, if the Consumer Contract Act of Japan applies to the Agreement or if the applicable laws and regulations invalidate the aforementioned exemption, and it is found that the violation of obligations under the Agreement is due to Scalably’s negligence, such exemption will not apply. In such a case, Scalably shall be liable only if it is proved that actual property damage (which does not include lost profits, consequential damage, psychological damage or the like) was caused directly by Scalably’s violation of its obligations, and only to the extent of the amount of such damage.
4. If the User caused damage, loss, expenses and costs (including legal fees) to Scalably due to items arising from or related to the User’s violation of these Terms (including conflicts, disputes, etc. with other Users or information leakage incident or other incident resulting from the violation of these Terms), then the User shall compensate for such damage, loss, expenses and costs to Scalably. Furthermore, the User shall resolve such issues and hold Scalably harmless against such issues at its own liability and expense.
Article 10 (Membership Cancellation Procedures by the User)
If the User wishes to cancel their membership, such User shall carry out the membership cancellation procedures prescribed by Scalably. The Agreement shall terminate upon completion of such membership cancellation procedures.
Article 11 (Amendment to these Terms)
1. In the following cases, Scalably shall be entitled to amend these Terms by establishing the effective date for the amended Terms with a certain grace period, posting on the Website about the amendment in advance, including the fact that these Terms will be amended, details of the amendment, as well as the effective date of the amendment, and making the amendment widely known by notifying the members via e-mail or through other methods that Scalably deems appropriate. If the User does not consent to such amendment, the User may terminate the Agreement pursuant to Article 10; however, if the User does not terminate the Agreement before the grace period expires, then the User shall be deemed to have consented to the amended Terms.
1) The amendment to these Terms conforms to the general benefit of the User; and
2) the amendment to these Terms does not conflict with the purpose of the Agreement, and the amendment is reasonable in light of its necessity, the appropriateness of the amended Terms, the details of the amendment, and other circumstances regarding the amendment.
2. We will release the amended Terms on the Website.
Article 12 (Survival)
Articles 5 to 9 and Articles 11 to 17 shall survive termination of the Agreement regardless of the cause.
Article 13 (Assignment of Rights, etc.)
Scalably may assign to a third party or have a third party succeed to Scalably’s status under the Agreement or Scalably’s rights or obligations under the Agreement. The User shall not assign to a third party or have a third party succeed to the User’s status under the Agreement or rights or obligations under the Agreement, without Scalably’s prior written approval.
Article 14 (Severability)
If any part of the provisions of these Terms is found to be invalid under the laws and regulations of Japan or the applicable laws and regulations in the country in which the User resides, the effect of such invalidity shall be limited to the portion that was found to be invalid; and the remaining portions shall continue to be effective.
Article 15 (Entire Agreement)
These Terms prescribe the final and entire agreement between Scalably and the User regarding the Agreement or the Services. The matters prescribed in these Terms shall prevail over verbal or written communications, responses, agreed items, etc. between Scalably and the User that were exchanged or agreed outside these Terms or before execution of the Agreement.
Article 16 (Governing Law)
These Terms are governed by and construed in accordance with Japanese law.
Article 17 (Exclusive Jurisdiction)
The Tokyo District Court shall have exclusive first-instance jurisdiction over any disputes related to these Terms.
Supplementary Provisions Established:Dec,01, 2023
