These terms and conditions of use ( “Terms and Conditions”) set forth the agreement between Invisible Text, LLC (the “Company”) and the users ( “User” or “Users”) of any and all services and features of the Invisible Text application (hereinafter referred to as the “Service”) that is or may be provided by the Company.
The following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions.
1.1. “Content” shall means information such as text, audio files, images, videos, software, programs, computer code, and the like that may be accessed through the Service.
1.2. “Submitted Content(s)” means content(s) that Users have submitted, transmitted, or uploaded.
1.3. “Separate Terms and Conditions” means documents released or uploaded by the Company that pertain to the Service, under the title “agreement,” “guideline,” “policy,” and the like.
2.1. All Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions. Such agreement is valid and irrevocable.
2.2. Minors may use the Service only with consent from their parents or legal guardian. Furthermore, if Users use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
2.3. By using the Service, Users are deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
2.4. If there are any Separate Terms and Conditions for the Service, Users also shall comply with such Separate Terms and Conditions as well as the Terms and Conditions.
4.1. Users, when providing information about him/herself to the Company, shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.
4.2. If Users register a password while using the Service, Users shall exercise due care and responsibility in order for the password not to be used in an unlawful manner. The Company may treat all activities conducted with the password as activities that have been conducted by the holder of the password him/herself. Users are entirely responsible for maintaining the confidentiality of their password and account. Users agree to notify the Company immediately of any unauthorized use of their account or any other breach of security. Users may be held liable for losses incurred by the Company or another party due to someone else using an account or password.
4.3. Any registered User to the Service may delete his/her account and withdraw from using the Service, at any time.
4.4. The Company may suspend or delete a User's account without giving prior notice to the User if the Company believes that the User is violating or has violated the Terms and Conditions.
4.5. The Company reserves the right to delete any account that has been inactive for a period of a year or more since its last activation, without any prior notice to the User.
4.6. Users’ rights to use the service shall expire when their account has been deleted for any reason. The account cannot be retrieved even if Users have accidentally deleted their account, and the Company asks Users to be aware of this.
4.7. Each account in the Service is for the exclusive use and belongs solely to the owner of the account. Users may not transfer or lend their accounts to any third party nor may their accounts be inherited by any third party.
4.8. Each User is responsible for any and all activities that occur under his or her account.
5.1. The Company places its highest priority on the privacy of its Users.
5.3. The Company promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all User information.
6.1. Users shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under Users' own responsibility and at Users' own expense.
6.2. The Company reserves the right to limit access to the whole or part of the Service depending upon conditions that the Company considers necessary, such as age, identification, current membership status, and the like.
6.3. The Company reserves the right to modify or cease, at the Company's own discretion, the whole or part of the Service at anytime without any prior notice to the Users.
The Service cannot be depended upon for emergency calls, such as ones made to law enforcement agencies, maritime safety authorities, fire brigade, or other emergency services. Each User warrants and agrees that they will rely on other services to place emergency calls.
The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service.
Contents or other services offered by other business partners cooperating with the Company may be included within the Service. The business partners bear all responsibility regarding such contents and/or services offered. Furthermore, such contents and services may be governed by the explicit terms and conditions etc., which are set accordingly by the business partners.
10.1. The Company grants Users the non-transferable, non-re-licensable, non-exclusive license to use the Content provided by the Company strictly for the purpose of using the Service.
10.2. Users shall abide by the appropriate conditions when using Content that is subject to additional fees and periods of use. Notwithstanding situations where phrases such as “Purchase”, “Sales,” and the like appear on the Service screens, the Company shall remain the holder of all intellectual property rights as well as all other rights in the Content offered to Users by the Company, and such rights shall not be transferred to Users.
10.3. Users shall not use the Content beyond the scope of the intended use of the Content in the Service (including but not limited to copying, transmission, reproduction, modification).
10.4. If Users wish to back-up the whole or part of the Submitted Content, they will need to do so themselves. The Company will not undertake the obligation of backing up any Submitted Content.
10.5. The Service may include functions where multiple users may post, correct, edit, and delete items. In such cases, the User who posted his/her Submitted Content has to allow other Users to perform any editing in relation to the Submitted Content.
10.6. By providing Submitted Content to the Company, a User grants to the Company an irrevocable, perpetual, non-exclusive, royalty free worldwide license to reproduce, adapt, distribute, perform (either publicly or by digital audio transmission) or publicly display all or any portion of the Submitted Content.
10.7. The Company may investigate the details of the Submitted Content when the Company believes that the Submitted Contents may violate related laws or provisions set out in the Terms and Conditions. However, the Company is not obligated to conduct such investigations.
10.8. Users expressly agree that the Company may edit, remove, disable or restrict access to or the availability of any Submitted Content that the Company believes, in good faith and in our sole discretion, to violate these Terms and Conditions (regardless of whether the Company is, in fact, correct in its assessment) or which is the subject of a notification, such as one duly sent to us pursuant to the Digital Millennium Copyright Act. Posting or storing Submitted Content is a privilege, not a right. Under no circumstances will the Company be held liable for removing, disabling or restricting access to or the availability of Submitted Content.
10.9 Users expressly agree that the Company may remove, disable or restrict the access of any User that the Company believes, in good faith and in its sole discretion, to have violated or be in violation of these Terms and Conditions (regardless of whether the Company is, in fact, correct in its assessment).
Users shall not engage in any of the following activities when using the Service.
Company shall have the sole and exclusive right to determine whether any User has engaged in any of these activities and to determine whether the User should be ejected from the Service pursuant to these Terms and Conditions of Use. Violations of these Terms and Conditions of Use will not be tolerated by the Company.
12.1. Users shall use this Service at his or her own risk, and shall bear all responsibility for actions carried out and their results upon this Service.
12.2. The Company may take measures that the Company considers necessary and appropriate, if the Company acknowledges that a User is using the service in a way which violates the Terms and Conditions. However, the Company shall not be responsible for correcting or preventing such violation towards Users or others.
12.3. In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly (including but not limited to cases where the Company has been sued for damages by a third party) due to the User violating applicable laws or the Terms and Conditions while using the Service, the User shall immediately compensate the Company upon its request.
13.1. The Company does not expressly or impliedly guarantee that the Service (including the Contents) are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
13.2. The Company shall not be responsible for any damages inflicted upon Users in relation to the use of the Service. However, if the agreement (including but not limited to the Terms and Conditions) between the Company and Users regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.
13.3. Notwithstanding the condition stated in clause 13.2 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or Users predicted or could have predicted) with respect to the Company’s contractual default or act of tort due to the Company's negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company’s contractual default or act of tort due to the Company's negligence (except for gross negligence) shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.
14.1. When the Company notifies or contacts Users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting on the website operated by the Company.
14.2. When Users notifies or contacts the Company in regard to the Service, Users shall use the customer inquiry form available on the website or application operated by the company or other means designated by the Company.
Where the Company has provided Users with a translation of the English language version of the Terms and Conditions (hereinafter referred to as “English Version”), the English Version will govern the relationship between Users and the Company. In the event of a contradiction between the English Version and a translation, the provisions in the English Version shall take precedence over any other translation. These Terms and Conditions will be governed by the laws of the State of California. Conflicts that arise from the Service or conflicts between Users and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of the State of California or the California Summary Court.
The following is a list of personal information that is collected by Invisible Text, LLC (the “Company”) to provide the Invisible Text service.
Principally, Invisible Text LLC will destroy users’ personal information once the purpose of collecting and using personal information has been achieved. However, the personal information may be stored for a designated period when necessary due to the company’s internal policy or related laws and regulations.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, Invisible Text LLC has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information it collects online. However, third parties may unlawfully intercept or access transmissions. Accordingly, while Invisible Text LLC works very hard to protect User privacy, it does not promise and each User should not expect that personal information will always remain private. It is important for each User to protect against unauthorized access to User passwords and to User computers. Be sure to sign off when finished using a shared computer.