Article 1 (Overview of Service)
The Service is a service in which the Customer can distribute its own advertisement, or an advertisement of a third party which was entrusted to the Customer, on an ad spot provided by the Company in the Company’s prescribed country or region. Details of the Service shall be prescribed in the media sheet to be separately provided by the Company.
Article 2 (Contractual Relationship)
2.An Applicant may apply to execute the Service Agreement through an advertising agency. In this case, advertising agency shall also be referred to as Applicant and/or Customer (as applicable).
3.If any of the following applies, the Company may reject the application to execute the Service Agreement or the provision of the Service::
(1)The Applicant/Customer has been or may be, as determined by the Company, delinquent in paying fees, expenses, premiums or late charges for services, including the Service and any other services provided by the Company;
(2)The Applicant/Customer may, as determined by the Company, harm the reputation of the Service;
(3)The Application Form or any other format prescribed by the Company contains any false information or misrepresentation; or
(4)In addition to the preceding three (3) items, the Company deems that it is inappropriate to execute the Service Agreement or to continue providing the Service.
4.If any of the events in the preceding paragraph applies to the Customer, the Company may suspend the use of Service by the Customer or terminate the Service Agreement with the Customer without any prior notice or warning to the Customer.
Article 5 (Fees and Payment)
1.The Company will calculate the usage fee for the Service and collect the usage fee from the Customer in one of the following two way (1)on the date specified by the Company, by debit from the credit card information provided by the Customer, or (2) the Company will close its account book on the last day of each month to calculate the fee. In principle, the Company will issue an invoice or statement within the tenth (10) business day of the next month according to the method specified by the Company. The Customer shall pay the amount recorded on the invoice or statement according to the method designated by the Company and before each designated payment date. Customers shall bear the remittance or any bank handling fees arising thereof. Even if there is any erroneous billing due to an inadequacy or error in the delivery address of the invoice, the Company shall not be liable in any way. The Customer shall strictly observe the payment deadline. If the Customer is delinquent in paying the fees or the premiums for the Service, the Company may charge the Customer a late charge of 15% per annum (or any maximum rate applicable by relevant laws) for the outstanding amount for the period of delinquency, and may refuse to order the Service until the payment (and late charge) is made.
2.If any consumption tax (or Value Added Tax) is imposed in accordance with the Consumption Tax Act or other related laws on the payment of the fees to be paid by the Customer to the Company, the Customer shall pay the fees together with an amount equivalent to the applicable tax.
3.The Company will round off any fraction to the nearest whole number that has resulted from calculation of the fees or any other amounts.
4.The Company shall have the right to change the fees and terms and conditions of the Service at its discretion provided that the Company shall send a written prior notice (including by way of email) to the Customer or post such change on the ad distribution system of the Service.
5.If any excess or shortage in the fees paid by the Customer to the Company is discovered due to an erroneous billing to the Customer caused by a system failure or any other reason, and the Customer is required to separately pay fees to the Company, the Company may confirm the incident with the Customer and adjust the balance of the erroneous billing, including the adjustment of such excess or shortage, by increasing or decreasing the fees to be paid by the Customer to the Company after the month in which the Customer was notified (if the Customer is using multiple services of the Company, the Company reserves the right to make such adjustment which may include other fees for services of the Company without limitation to the Service). With regard to the cause of such erroneous billing, while the Company will exert commercially reasonable efforts to notify the Customer to the extent that the Company can determine such cause and consult with the Customer in good-faith, if such notice is difficult due to reasons such as the Company not being able to determine the cause of the erroneous billing, the Company shall not be responsible for bearing the obligation of notifying the Customer.
6.If any of the following applies to the Customer, the cancellation charge equivalent to 100% of the fee (gross price) for the plan applied for will be charged, and the Customer shall pay such cancellation charge by the due date as set forth by the Company.
(1)The Customer changes or cancels the delivery date or other details after sending Application Form to the Company.
(2)In the event the contents and form of the submitted materials and the guide destinations are not passed through the Company’s prescribed review and are unable to be distributed.
(3)The Customer fails to submit an advertisement by the due date set forth in paragraph 1 of Article 6.
Article 6 (Advertisement Submission and Distribution Period)
1.The Customer shall submit an advertisement in the form designated by the Company by the date and time designated by the Company.
2.The distribution period of each advertisement shall be determined by the Customer stating the desired delivery period, etc. on the application form from the Company’s prescribed posting period and the Company’s acceptance thereof.
There may be cases where the distribution start time and end time determined pursuant to the provisions of the preceding paragraph may be a back and forth. The Customer shall not raise any objection thereto.
Article 7 (Clearance of Rights related to the Submitted Materials)
1.Arrangements of the submitted materials to be distributed in the Service and the clearance of rights (including payment to copyright collecting agencies such as JASRAC) regarding the materials to be used in the destination guided from the submitted materials (including, but not limited to, domain name, URL, website within the same domain and application; hereinafter referred to as the “Guided Destination”) shall be handled by the Customer at its own cost burden and responsibility. The Customer shall grant to the Company, for an indefinite period and free of charge, the rights required for displaying the submitted materials, which are used in the Service, in the mediums being handled in the Service.
2.The Customer shall grant to the Company, for an indefinite period and free of charge, the rights for LINE Corporation’s domestic and overseas subsidiaries and companies subcontracted by LINE Corporation to replicate, analyze and examine the submitted materials, which are used in the Service, for confirming the non-infringement of rights of third parties or the appropriateness of the subject matter of the submitted materials, for improving the user-friendliness of the Customers or for improving the contents of the Service.
Article 8 (Responsibilities of the Customer)
1.Irrespective of whether the Customer is the advertiser of the advertisement, the Customer warrants to the Company that the submitted materials and the Guided Destination (a) do not infringe upon any copyrights, industrial property rights, publicity rights, privacy rights or any other rights of a third party, (b) are not in violation of Pharmaceutical and Medical Device Act, the Act against Unjustifiable Premiums and Misleading Representations or any other related applicable laws and regulations (in addition to the laws of the country where the Customer is located, including the laws of the country where the advertisement is to be distributed), (c) are accurate and up-to-date, do not confuse the Users, contain any computer virus or false information and the submitted materials and the Guide Destination are not of unrelated subject matter, (d) are not a dead link, and (e) are not contrary to public order and morals, do not slander any third party, or contain subject matter that impairs the reputation of any third party.
2.If the Company receives a complaint or a claim from a third party in relation to the submitted materials or the Guided Destination, the Customer shall handle such complaint or claim under its own responsibility and cost burden. Furthermore, if the Company suffers any damage in connection with the submitted materials or the Guided Destination, the Customer shall promptly compensate such damage suffered by the Company (including, but not limited to, lost profits, special damages and reasonable attorney’s fees).
Article 9 (Advertisement Screening Standards)
The content and format of the submitted materials and the Guided Destination must be compliant with the advertisement screening standards prescribed by the Company or their incidental guidelines, etc. (hereinafter collectively referred to as the “Distribution Guidelines”); provided, however, that the Distribution Guidelines are not prepared with the intention of offering legal advice. The Customer shall, under its own responsibility, confirm and observe all laws, regulations and ordinances that are applicable to the requested advertisement.
Article 10 (Screening of Submitted Materials and Guided Destination)
The content and format of the submitted materials and the Guided Destination will undergo the Company’s prescribed screening according to the Distribution Guidelines. Unless the submitted materials and the Guided Destination pass the screening, the ad distribution based on the submitted materials shall not be performed. If there is any change to all or a part of the content or format of the submitted materials or the Guided Destination after passing the screening, the submitted materials and the Guided Destination shall once again undergo the Company’s prescribed screening. This screening does not in any way ensure the legality, safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or non-existence of any actual or legal defect such as security-related flaws, errors or bugs, or infringement of rights regarding the submitted materials or the content of the Guided Destination.
Article 11 (Suspension of the Distribution)
Article 12 (Interruption of the Service)
In the event of any of the following, the Company may temporarily interrupt all or part of the Service:
(1)Maintenance of systems or equipment used for the Service;
(2)Failure of systems or equipment used for the Service; or
(3)Incapability to use telecommunication services for any reason attributable to telecommunication companies
Article 13 (Suspension of the Service)
If any of the following applies to the Customer, the Company may suspend the use of the Service by the Customer immediately without any prior notice:
(1)The Customer fails to pay the fees for the Service when they become due;
(2)The Customer infringes upon any industrial property right, copyrights or any other intellectual property rights of a third party;
(3)The Customer violates any applicable law or regulation, including the constitution, international treaties, national laws and regulations, and local ordinances;
(4)The Customer enters false or untrue information in the Application Form or any other format prescribed by the Company;
(5)The Customer distributes information containing false or fabricated information;
(6)The Customer distributes information in breach of the Distribution Guidelines;
(7)The Customer distributes information that is contrary to public order and morals;
(8)The Customer infringes upon the honor, trust, privacy or any other right of a third party;
(9)The Customer commits an act that is disadvantageous or harmful to the Company or the Company’s customers;
(10)The Customer commits an act that the Company deems illegitimate or inappropriate;
(11)The Customer commits an act that results or may result, as determined by the Company, in significant interference with the businesses of the Company, or the provision or operation of the Service; or
(12)A third party who operates and provides the application market for mobile devices used for the Service namely as Apple Inc. and Google Inc. (hereinafter referred to as the “Platform Provider”) requires the Company to suspend providing all or part of the Service.
Article 14 (Termination of the Service)
1.The Company may terminate all or part of the Service as deemed appropriate by the Company.
2.If the Company is to terminate the Service, the Company shall notify, one (1) month before the termination, the Customer to such effect by way of announcement on the Company’s website or by giving written notice including by way of email.
3.If all or part of the Service is terminated based on the preceding two paragraphs, the Service Agreement shall be terminated concurrently as of the date of such termination of the Service.
Article 15 (Termination of the Service Agreement)
1.If any of the events in Article 13 (Suspension of the Service) applies to the Customer, the Company may immediately terminate the Service Agreement with the Customer by sending a notice to the Customer, with or without suspending the Service pursuant to Article 13.
2.Either the Company or the Customer may immediately terminate the Service Agreement by sending a notice to the other party, if any officer, employee, agent or broker (hereinafter referred to as the “Party Concerned”) of the other party is found to be an antisocial force (such as organized crime group, or member, quasi-member or affiliated company of any organized crime group, or corporate racketeer, political racketeering organization, organized intellectual crime group and any other similar organization or person) or any Party Concerned of the other party is found to be involved with such antisocial force.
Article 16 (Handling of Audience Data)
The Customer may, upon pledging to the following matters, use the function of distributing an advertisement to specified Users in the Service by submitting identifier information such as the Android Advertising ID and the IDFA held by the Customer (hereinafter referred to as the “Mobile Ad ID”), and contact information such as phone numbers and email addresses (hereinafter referred to as the “Contact Information”) to the Company, or using information related to the visits and action history sent to the Company by using LINE Tag or a third-party tool (“Mobile Ad ID” and “Contact Information” are hereinafter collectively referred to as the “Audience Data”).
1.The number of ad distribution destinations upon designating the Audience Data shall be greater than the number prescribed in the media sheet.
2.When the Customer is to distribute an advertisement by designating the Contact Information, the Company shall convert the Contact Information and provide the same to the Company under its own responsibility according to a method separately prescribed by the Company.
3.The Customer shall observe all applicable laws (including guidelines) with regard to the use of the Service by using the Audience Data to be submitted or sent.
4.The Customer represents and warrants all of the following matters to the Company in using the Audience Data Usage Function:
(1)the Customer will acquire the Audience Data from the holder of such Audience Data according to legal means including a written consent, or cause a tool provider to acquire and send the same to the Company; and
(2)the Customer has acquired permission based on legal means including a written consent from the holder of the Audience Data with regard to the ad distribution by using the Service with the Audience Data as the key.
5.The Customer shall respect the opt-out against the behavior targeting ad distribution based on the setting of the terminal or browser or a method independently provided by the Customer, and represent that the Audience Data of the person who exercised such opt-out is not included in the Audience Data designated by the Customer upon using the Audience Data Usage Function. Furthermore, when the Company determines that a User exercised the opt-out of the behavior targeting ad distribution based on the setting of the terminal or browser or a method independently provided by the Company, the Customer agrees in advance that, even in cases where the Audience Data of such User is included in the Audience Data designated by the Customer, such Audience Data will be excluded from the subject of distribution upon using the Audience Data Usage Function.
6.The Customer acknowledges in advance that there may be cases where the advertisement cannot be distributed to the holder of the Audience Data or cases where the advertisement is distributed to a person that is different from the holder of the Audience Data recognized by the Customer (including, but not limited to, cases where there is an error in the Contact Information held by the Customer and cases where the Contact Information held by the Customer and the Contact Information held by the Company are inconsistent), and the Company shall not be liable in any way for any damage that is consequently suffered by the Customer.
Article 17 (Disclaimer related to the Distribution)
1.The Company does not in any way warrant that the Service is free from defects, bugs, or troubles caused by other reasons. There is also a possibility of various troubles; for instance, the distributed advertisement is not displayed, the content of the displayed advertisement is displayed in a format that is different from the original content, the advertisement is displayed on a target that is different from the set target, or the displayed data is inaccurate. The Customer shall be fully aware of the foregoing circumstances, and, even if the ad distribution system does not operate normally and the ad distribution is not performed as scheduled, the Customer shall not pursue any legal responsibility or make any other demands to the Company unless it was caused by the willful intent of the Company.
2.The Customer agrees that the Company may, without separately notifying the Customer, perform a test distribution or an ad distribution determined based on a logic that differs from the standard ad distribution logic to certain traffic for optimizing and improving the quality of the ad distribution logic of the Service, and acknowledges that the Company may include the fees of such distribution in the fees of the Service to be billed as set out in Article 5.
3.The Customer acknowledges that, if the advertisement distributed in the Service is wrongfully posted or clicked due to reasons that are beyond the control of the Company, the Company shall not be responsible therefor, and will not discount or refund the fees in connection therewith.
Article 18 (Disclaimer of the Company)
1.The deemed attribute to be used in the targeting was estimated based on an independent algorithm set by the Company by analyzing the action of the Users of the Company’s services, and the Company does not guarantee that the target belongs to such attribute.
2.The Company does not in any way guarantee and will not be liable in any way with regard to (a) the submitted materials and the Guided Destination, (b) any act conducted by any third party, including the Users of the Company, in relation to the submitted materials and the Guided Destination, (c) proposals and any and all items that were provided or leased from the Company to the Customer upon distributing the advertisement (including any advice, proposal, prediction and any other information provided by the Company to the Customer) and results of using the same, and (d) distribution location, quality (including the number of persons that the ad distribution had reached and the ad distribution result) and precision of the targeting function.
3.Depending on the User’s setting or the application version, or any other setting or environment, there may be cases where the content of the advertisement is not displayed correctly or not guided to the Guided Destination when clicked even if the ad distribution system is operating normally. The Company shall not be liable in any way even in the foregoing case.
4.The Company shall not be liable in any way for any other damage caused due to an error in the setting by the Customer or third party.
5.When an exchange conversion is required, the Company’s prescribed rate shall be applied as the exchange rate at an arbitrary timing. The Customer shall not raise any objection regarding such exchange conversion, and the Company shall not be liable in any way even if the Customer were to consequently suffer any damage or disadvantage.
6.The Customer agrees without objection that the Company may, at Company’s discretion, not be able to post an advertisement during the delivery period set forth in Article 6.2 and the start date may be postponed, and the Company shall not be liable in any way even if the Customer were to consequently suffer any damage or disadvantage.
7.If the Company is forced to interrupt distribution due to the Company’s problems during the distribution period, the Company may, at Company’s discretion, terminate distribution or postpone distribution. The Company shall not be liable in any way even if the Customer were to consequently suffer any damage or disadvantage. If the Company has terminated the distribution pursuant to the provisions of this paragraph, the use fee for such advertisement shall not accrue.
8.In the event it is not possible to make a determination as to whether or not to examine the submitted materials, form, and guide destinations of the submitted materials before the start of distribution, distribution may be refused or delivery may be postponed. The Company shall not be liable in any way even if the Customer were to consequently suffer any damage or disadvantage.
9.If the Customer fails to submit the manuscript by the due date set forth in paragraph 1 of Article 6, the Company shall be relieved of the obligation to fulfill the Company’s obligations under the Service Agreement.
10.In the event the Customer registers Basic ID/Premium ID of LINE Official Account (referring to the unique ID of LINE Official Account, hereinafter referred to as the "Basic ID/Premium ID") for the purpose of using data in cross-targeting at the time of the application for the Service, and the relevant Basic ID/Premium ID has been extinguished by the time of distribution, distribution through the Service shall not be permitted. In the foregoing case, the Customer shall be obliged to pay the use fee irrespective of the reason for the extinguishment of Basic ID/Premium ID, and the Company shall not be liable in any way even if the Customer were to consequently suffer any damage or disadvantage.
11.If Basic ID/Premium ID disappears after the use of the Service, data may not be transferred to other products that the Company provide. In the foregoing case, the Company shall not be liable in any way even if the Customer were to consequently suffer any damage or disadvantage due to the termination of Basic ID/Premium ID for whatever reason.
Article 19 (Force Majeure)
The Company shall not be liable in any way even when an advertisement, which was scheduled to be distributed, could not be distributed or was not distributed appropriately due to calamities, communication failures or other force majeure events, hacking or cracking by a third party, failure of the internet infrastructure or the Customer’s server, or any other reason that is not attributable to the Company, or for measures that need to be performed by the Company for providing the Service such as emergency system maintenance or maintenance inspection.
Article 20 (Confidentiality)
1.The Customer shall not announce the fact that it is using the Service or the fact that it is coordinating with the Service without obtaining the prior written consent (including by way of email) of the Company.
2.With respect to information disclosed by the Company designated as confidential to the Customer (hereinafter referred to as “Confidential Information”)), the Customer shall treat such information as strictly confidential.
3.Personal information disclosed by the Company to the Customer pursuant to the Service Agreement shall be treated as Confidential Information. The Company and the Customer shall use reasonable efforts to prevent any divulgence, falsification or eavesdropping of such personal information.
4.If the Customer becomes aware of any divulgence, falsification or eavesdropping of the Confidential Information, it shall immediately report to the Company in writing, including by way of email.
5.The Customer may not disclose the Confidential Information to any third party without the prior written approval of the Company; provided, however, that the following information shall not correspond to Confidential Information:
(1)Information that was already known to the Customer prior to the disclosure;
(2)Information that is publicly known or generally available to the public;
(3)Information that the Customer has legitimately obtained from a third party without bearing any confidentiality obligation; or
(4)Information that the Company has agreed in writing to be excluded from the Confidential Information.
6.In the event that the Customer is required by any applicable laws, the rules of Financial Instruments Exchange or any other regulations equivalent to such rules (hereinafter collectively referred to as the “Laws”) to disclose any of the Confidential Information disclosed by the Company, the Customer shall provide the Company with prompt written notice of such requirement; provided, however, that if the Customer will not be able to provide the Company with a prior notice due to the restrictions by Laws or time constraint, the Customer may provide a late notice to the Company. When the Customer is to disclose the Confidential Information pursuant to the provisions of this paragraph, notwithstanding the provisions of Paragraph 1 of this article, the Customer may do so within the requisite minimum scope; provided, however, that, if the Company gives instructions to the Customer for maintaining the secrecy of the Confidential Information in the foregoing disclosure, the Customer shall comply with such request to the extent possible under the applicable laws and on a practical level of the Customer’s operation.
7.If the Service Agreement is terminated or if the Company requests during the term of the Service Agreement, the Customer shall return or destroy the Confidential Information and any reproductions thereof.
Article 21 (Rights to Information)
1.Intellectual property rights, including copyrights, to information registered, submitted or uploaded for the Service by the Customer shall belong to the Customer; provided, however, that the Company is not obligated to protect the intellectual property rights of the Customer.
2.The Customer shall grant to the Company the license to use the information registered, submitted or uploaded for the Service by the Customer to the extent necessary for the Service. The Customer shall not enforce its author’s moral rights against the Company.
3.Rights to information of Users of the Service that the Customer obtains from its use of the Service (including, but not limited to, names, IDs, icon images, status messages and contents; hereinafter collectively referred to as the “Users’ Information”) shall belong to the Company; provided, however, that an exception may apply to information of the Users collected by the Customer at websites that are not the websites for the Service but accessed through the use of the Service by means, such as links, designated by the Customer.
4.The Customer may not collect or reuse the Users’ Information for any purpose other than to use the Service.
5.When the Customer is to use the Service and distribute an advertisement using a deemed attribute, the Customer must not identify the attribute of the Users who come into contact with an advertisement. The prohibited matters of this paragraph include, but are not limited to, designating an individual transition destination for each attribute upon distributing an advertisement and adding specific information which enables the tracing of the transition path in the URL designating the transition destination.
6.The Customer agrees in advance that all information registered for the Service by the Customer will be deleted at the Company’s discretion if the Service Agreement is expired or terminated or the provision of the Service is terminated.
7.The Customer agrees that information distributed to the Users through the use of the Service will remain in the Users’ devices even after the termination of the Service Agreement and that the Users may continue to use such information.
Article 22 (Handling of Data)
1.In the Service, the Company will distribute advertisements to ad spots provided by the Company in each country or region prescribed by the Company.
2.The Company may, at its own discretion and without notifying the Customer, change the display style of the advertisements, etc. at any time, including during the ad distribution period.
3.The Company will acquire and retain the click count, display count, number of complete views and other information regarding the results of the advertisement distributed by the Customer (not including information capable of identifying specific individuals; hereinafter collectively referred to as the “Provided Information”), and compute statistics based on the Provided Information and provide the computed statistics to the Customer. The Customer agrees that the Company may acquire and use, free of charge, the Provided Information and all information generated and used in the Service (including, but not limited to, distribution information, log information, and Audience Data) for providing the Service and measuring the results of the Service, preventing misconducts, and improving and bettering the performance of the Company’s services at its own discretion without any time limit.
Article 23 (Compensation for Damages)
2.If the Customer receives any claim, allegation, demand, request or motion, etc. (hereinafter collectively as the “Claims”) that the Customer has infringed upon a right of a third party, including the Users, in relation to the Service, the Customer shall resolve such Claims at its expense and responsibility. If the Company incurs any damages due to such Claims, the Customer shall immediately compensate all such damages. If the Company resolves the Claims, the Customer shall pay for all expenses incurred by the Company to resolve the Claims.
3.The Company is not responsible for any damage that the Customer may incur during any interruption or suspension of the Service due to force majeure such as fire, electric outage or natural disaster, network or system failure, or the event in Article 12 and Article 13.
4.The Customer acknowledges and agrees that when the Customer leads the Users to an external service by using the Service, there can be situations where the said external service would be unavailable to the Users due to technical or other reasons. Furthermore, the Customer may suffer disadvantages including, but not limited to, complaints from the Users and/or disadvantageous treatment by the Platform Provider (hereinafter collectively referred to as “Disadvantages”). The Customer assumes the risk of suffering Disadvantages, and acknowledges that the Customer shall lead the Users to an external service at its own risk. The Customer agrees that the Company will not be held liable for any loss or damage caused by unavailability of the external service or the Disadvantages.
Article 24 (Change of Name and Other Information of the Customer)
1.If there is any change to the Customer’s registered matters, the Customer shall promptly notify the Company of the change according to the Company’s prescribed method.
2.If the Company receives the notice in the preceding paragraph, the Company may request the Customer to provide a document evidencing such change, and the Customer shall comply with such request.
Article 25 (Handling of Personally Identifiable Information)
2.The Company will use or disclose PII only for the purposes for which it has been collected, except with the Customer’s consent, or as required or permitted by applicable law, and the Company will retain the Customer’s information only as long as necessary to fulfill those purpose.
Article 26 (Transfer of the Position and Succession)
The Customer shall not transfer, assign, provide as security to a third party, or allow a third party to succeed, its status under the Service Agreement or its rights and obligations arising in connection with the Service Agreement, without going through the Company’s prescribed method.
Article 27 (Severability)
Article 28 (Governing Law)
Article 29 (Exclusive Jurisdiction)
Article 30 (Consultation)
Enacted on June 1, 2020
Amended on November 11, 2020