- The Terms shall apply to any and all aspects of the relationship between the User (as defined in Article 2) and the Company with respect to the use of the Service.
- The rules and terms and conditions concerning the Service posted from time to time on Our Website (as defined in Article 2(2)) shall constitute an integral part of the Terms.
The following terms used herein shall have the meanings set forth below.
- "Intellectual Property Rights" shall mean copyrights, patents, utility model rights, trademark rights, design rights, and other intellectual property rights (including rights to obtain or apply for registration of, such rights).
- "Our Website" shall mean such website as operated by the Company whose domain name shall be "rinna.id" (or if the domain name or content thereof is modified for any reason, such modified website).
- "User" shall mean a person or entity who uses the Service pursuant to Article 3.
- "Anti-Social Forces" shall mean an organized crime group, a member of an organized crime group, a related company or association of an organized crime group, rightist organization, racketeer groups, groups engaging in criminal activities under the pretext of conducting social campaigns and crime groups specialized in intellectual crimes, any other equivalent person of above or any person who conduct the following acts;
- a demand with violence,
- an unreasonable demand beyond its legal entitlement,
- use of intimidating words or actions,
- damage to credit or obstruction of business by spreading false rumors or by the use of fraudulent, or
- any other equivalent actions of above.
- "Service" shall mean the service in which the User can browse or view texts, images, audio, and movies on social media provided by an artificial intelligence character named "Rinna" regardless the name is capitalized or not, (hereinafter referred to as "Character") or transmit messages to the Character (including the services after any changes to the Service for whatever reason).
- "Service Agreement" means the agreement between the User and the Company relating to the use of the Service in accordance with the Terms.
- Use of the Service
- The User may use the Service free of charge in accordance with the Terms and any other rules separately set forth by the Company. No usage fee shall be charged.
- When using the Service, the User may not conduct any act that falls under any of the following:
- acts that infringe upon the Intellectual Property Rights, portrait rights, rights of privacy, reputation or other rights or interests of the Company or third parties (including, without limitation, acts of modifying and publishing or providing to third parties, image, voice and video data provided to the User from the Company in connection with the Service);
- acts to transmit, in connection with the Service, any information that would constitute an infringement of the Intellectual Property Rights, portrait rights, privacy rights, reputation, or other rights or interests of any third party by the Company, in case the Company copy, modify, transmit or otherwise the said information to the extent necessary for the Service;
- acts related to criminal activity, acts against public order and morals, or acts likely to fall under these;
- acts in violation of any law or applicable regulation or the internal rules of the trade association to the Company or the User;
- acts to falsify information which can be used in connection with the Service;
- acts that may interfere with the operation of the Service by the Company (including, without limitation, transmitting inappropriate messages to the Characters, inappropriate posting relating to the Service on social media, and acts that may overload the computers by attacks on the network);
- acts that cause or may cause damage to the Company or third parties;
- acts in violation of the provisions of the Terms; or
- any other act that the Company deems inappropriate.
- In the event the User performs any act that falls under any of the items in the preceding Paragraph or where the Company determines that such act is likely to fall under any of the said items, the Company shall be entitled to delete the posting or block the account on social media without prior notice to the User. The Company shall not be responsible for any damages incurred by the User as a result of the measures taken by the Company under this Paragraph.
- Please note that certain features of the Service may not be available when the appropriate settings (if changed, the new settings) are not used. When using the Service, the User shall establish appropriate settings for the Service at its own responsibility and expense.
- The Service, in whole or in part, are provided through a platform operated by a third party. The User shall use the applicable platform at its own responsibility and expense for the use of the Service. The Company shall not be liable for any damages or expenses incurred by the User as a result of the use of such platform operated by a third party.
- The Service may be subject to update, editing, or modification, and be subject to changes in the appropriate settings or suspension ("Changes") without notice. The User agrees in advance that Changes may be made without prior notice and the Company shall not be liable for any damage caused to the User due to the Changes.
- Suspension of Service
- The Company is entitled to permanently or temporarily suspend the use of the Service in whole or in part without prior notice to the User in the event of any of the following:
- regular or emergency check or maintenance of the computer systems related to the Service;
- suspension due to accidental computer or communication line failure;
- inability to operate the Service due to force majeure, including but not limited to, fire, power outages, and natural disasters; or
- any other matter that the Company deems necessary for suspension.
- The Company shall not be liable for any damages caused to the User as a result of the measures taken by the Company under the preceding Paragraph.
- Ownership of Rights
Any and all Intellectual Property Rights with respect to Our Website and the Service are expressly reserved by the Company or its licensor. Nothing contained herein shall be construed as granting to the User a license of the Intellectual Property Rights related to Our Website and the Service owned by the Company or its licensor. The User shall not conduct any act for whatever reason which may infringe any Intellectual Property Rights owned by the Company or its licensor (including, but not limited to, disassemble, decompile, reverse engineering).
- The Service uses DynaFont. DynaFont is a registered trademark of DynaComware Taiwan Inc.
- The Service uses Speech Signal Processing Toolkit, Open JTalk, HMM/DNN-Based Speech Synthesis System for the singing voice of the Character.
NO WARRANTY and Disclaimer
- THE COMPANY SHALL GIVE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE INFORMATION PROVIDED FROM THE CHARACTER ON SOCIAL MEDIA, AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, USABILITY AND TIMELINESS, OR THAT THERE ARE NO INAPPROPRIATE OR OFFENSIVE CONTENT.
- The User shall investigate whether or not the use of the Service violates any laws and regulations, including internal rules of an industry association applicable to the User at its own responsibility and expense. The Company provides no warranty that the use of the Service by the User complies with any applicable laws and rules, including regulations and internal rules of an industry association.
- In no event shall the Company be liable for any loss or damage, including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from interruption, suspension, unavailability or modification of the Service as well as any loss of data, damage to any equipment or any other damage suffered by the User in connection with the Service.
- Where Our Website contains links to the other websites or other websites contain links to Our Websites, the Company accepts no responsibility for whatever reason with respect to websites other than Our Website and the information obtained from the said websites.
- Dispute and Damages
- In the case where the Company suffers loss or damages either directly or indirectly due the breach of the Terms by the User or in connection with the User’s use of the Service, the User shall compensate the Company for such loss or damage in accordance with the Company’s request.
- In the case where the Company is claimed, in connection with the use of the Service by the User, by any other parties including any other Users, for infringement of their rights or for whatever reason, the User shall compensate for the amount that the Company was compelled to pay to such third parties due to such claim.
- The Company reserves the right to amend or change the Terms (including rules or regulations related to the Service, which will be posted on Our Website, and the same shall apply hereinafter in this Article) when the Company finds it necessary.
- In the event of any amendment or change to the Terms or the Service, the Company shall notify the User of the effective time of such change, the fact of such change, and the content of the change by posting on Our Website.
- Exclusion of Anti-Social Forces
The User represents that it has no relationship with any Anti-Social Forces. In the event that the User is an entity, the User shall appropriately instruct its officers and employees so that they do not have any relationship with Anti-Social Forces. With respect to the use of the Service, the User shall represent that it shall not engage in any act of (i) a demand with violence, (ii) an unreasonable demand beyond its legal entitlement, (iii) use of intimidating words or actions, (iv)damage to credit or obstruction of the Company’s business by spreading false rumors or by the use of fraudulent, or (v) any other equivalent actions of above, by itself or through the use of a third party.
- The User may not assign, transfer, grant security interests on or otherwise dispose of the Service Agreement or its rights or obligations hereunder without the Company’s prior written consent.
- In case where the Company transfer the business relating to the Service to a third party, the Company may, as a part of such transfer, assign to the third party the Service Agreement, the rights and obligations of the Company under the Terms, and information relating to the User. The User hereby agrees to such transfer in advance. The business transfer referred to above in this Paragraph shall include, in addition to the usual form of business transfer, a company split or any other form that would result in a business transfer.
- Entire Agreement
The Terms constitute the entire agreement between the Company and the User with respect to the subject matter hereof and supersedes all other prior agreements, representations and understandings, both oral or written, between the Company and the User with respect to the subject matter hereof.
In case any one or more of the provisions contained in the Terms shall for any reason be held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provisions of the Terms, but, the remaining provisions or parts of the Terms shall remain in full force and effect continuously. The Company and the User shall make the best effort to amend such invalid or unenforceable provision or part to the extent necessary to make it lawful and enforceable so as to effect the original intent of such provision or part as closely as possible so that the transactions and agreements contemplated herein should not materially and adversely affect the legal and economic substance of the transactions and agreements contemplated hereby.
- Governing Law and Jurisdiction
The Company and the User shall attempt initially to solve all claims, disputes or controversies arising under, out of or in connection with the Terms by conducting good faith negotiations. If the Company and the User are unable to settle the matter between themselves, then the Terms including its establishment, performance and termination shall be governed by and construed in accordance with the laws of Japan and all disputes arising out of or relating to the Terms shall be settled at the Tokyo District Court or the Tokyo Summary Court of Japan as the exclusive jurisdictional court of the first instance.