SPECIFIC TERMS AND CONDITIONS FOR LINE BEACON SERVICE
Article 1 Purpose
1. These Specific Terms and Conditions for “LINE Beacon” (these “Terms and Conditions”) stipulate the use of the “LINE Beacon” service for corporations (the “Service”) provided by LY Corporation and LINE Plus Corporation and its affiliates as the distributor (hereinafter referred to as “Plus”) (collectively, hereinafter referred to as the “Company”) to Customers (each, a “Customer”).
2. These Terms and Conditions shall be applied together with the LINE Official Account Terms of Use. In addition, if a Customer uses the API provided by the Company (the “API”), LINE Official Account API Terms of Use or the individual terms of use stating use conditions of such API (collectively, the “Terms of Use for API, Etc.”) shall be applied. If there is any difference between the details of these Terms and Conditions and such terms of use, these Terms shall prevail.
Article 2 Definitions
The terms used in these Terms and Conditions shall be used in the manner provided for in the following items:
(1) “LINE” means the “LINE” application which is a messenger service operated by the Company.
(2) “User” means a person who has installed LINE and agreed to use the Service.
Article 3 Overview of the Service
The Service is a service in which a User’s terminal detects electric waves emitted from beacon terminals manufactured in accordance with the specifications designated by the Company (the “Beacon Terminals”) and thereby individual messages and other information separately determined by the Company can be transmitted to such User from the LINE Official Accounts provided by the Company and used by Customers.
Article 4 Contractual Relationship
1. Any person who desires to use the Service shall consent to the LINE Official Account Terms of Use (and the Terms of Use for API, Etc., if such person also desires to use API), as well as these Terms and Conditions, and make an application for the Service by a method of notifying the Company of the matters necessary for applying for the Service in the written application or other documents separately designated by the Company (including email; the “Application Form”). If there is any difference between the details of these Terms and Conditions and the Application Form, the details of the Application Form shall prevail.
2. If the Company approves the use of the Service in response to the Application Form as set forth in the preceding paragraph, the Company shall notify the Customer in writing, including by email.
3. An individual agreement concerning the use of the Service (each, an “Individual Agreement”) shall take effect on the day on which the Company notifies the Customer of its intention to accept the Customer’s use of the Service as provided for in the preceding paragraph (the “Start Date for Use”), unless specifically stipulated in the Application Form or the notice in the preceding paragraph.
4. The use fee for the Service shall be determined upon separate consultation between the Customer and the Company, and the Customer shall state the determined amount in the Application Form. The obligation to pay the consideration to the Company in relation to the Customer’s use of the LINE Official Account shall not be affected in any way by the Individual Agreement. Unless specifically provided for in the Individual Agreement, the Customer and the Company shall respectively bear their own expenses necessary for the implementation of the Service, and shall not request the other party to pay the expenses incurred for such implementation.
5. The term for an Individual Agreement shall be three (3) months from the Start Date for Use, unless specifically stipulated otherwise in the Application Form.
Article 5 Method for Using Service
1. The Customer and the Company shall engage in consultation to determine the details of the service performed by the Customer using the Service (including whether or not the Customer uses the API); provided, however, that the legitimacy of the details of such service shall be confirmed by the Customer at such Customer’s own expense and responsibility, and the Company shall assume no responsibility.
2. If the Customer changes the details of the service which have been determined upon consultation with the Company and performed by using the Service, the Customer shall obtain the Company’s prior approval for the details of such change.
3. When a User’s terminal detects the electric waves emitted from the Beacon Terminals, the Customer shall transmit information including messages to Users to let the Users know about the fact of the detection from the Customer’s Official Account, unless permitted by the Company.
4. In light of the possibility of grasping Users’ location information by using the Service, Customers shall consider the details of the services using the Service while giving due consideration to Users’ privacy.
5. Customers are required to undergo prior screening performed by the Company in accordance with the standards including the “Guidelines for Screening LINE Official Accounts” with regard to the details of the text in the banners indicated on LINE through the use of the Service, as well as the information distributed by using the Service. If a Customer distributes information in violation of such screening standards or transmits information that has yet to undergo the screening, the Company may, at its discretion, discontinue providing the Service to such Customer.
Article 6 Preparation, Management and Maintenance of Beacon Terminals
1. The Company shall separately provide the Customer with the specifications for the Beacon Terminals necessary for Customers to use the Service. Customers shall prepare the Beacon Terminals at their own responsibility and expense, and shall manage the same appropriately to make sure that no loss, theft, etc. will occur. In addition, Customers shall, at their own responsibility and expense, exchange batteries for the Beacon Terminals, and repair, replace or maintain the Beacon Terminals in the case of any failure.
2. The Company disclaims all warranties, express or implied, as to the specifications concerning the Beacon Terminals being free of any actual or legal defects. If a defect is confirmed, the Customer shall promptly notify the Company to that effect and of the details of such defect, and both parties shall determine how to deal therewith upon consultation.
3. If a Customer makes changes or adjustments concerning the settings of the Beacon Terminals, the Customer must make such changes or adjustments within the scope permitted by the Company in advance to change or adjust the settings, and must only do so to the minimum extent necessary. If a change or adjustment beyond such scope causes any damage (including, without limitation, damage due to impact on the service provided to a third party by the Customer using the Service) to the Customer or a third party, the Company shall assume no responsibility, and the Customer shall make responses with regard to such damage at such Customer’s own expense and responsibility.
4. If damage is incurred by a Customer or third party in relation to the Beacon Terminals, except for the case where a statement indicating that an accident is intentionally stated in the specifications provided by the Company to the Customer, the Company shall assume no responsibility, and the Customer shall make responses with regard to such damage at such Customer’s own expense and responsibility.
Article 7 Installation of Beacon Terminals
1. In using the Service, a Customer shall install the Beacon Terminals solely at the Customer’s stores at its own responsibility and expense, except where the Customer has otherwise obtained prior written approval from the Company. The Customer shall engage in mutual consultation with the Company and decide on the installation places in the Customer’s stores (each, an “Installation Place”) and the applicable electric wave intensity for the respective Beacon Terminals, in a manner which ensures that the Service will not be unexpectedly provided to any person other than the visitors to the Installation Places. In the event of any Beacon Terminal being installed at a new Installation Place, the Customer shall engage in prior mutual consultation with the Company regarding the same. In the event of a Beacon Terminal installed at a specific Installation Place being relocated to any other Installation Place, the Customer shall give prior notice to the Company to that effect.
2. The Company shall not be liable for defects in any Beacon Terminal or the Service, which may arise from the decision in the preceding paragraph.
3. In installing the Beacon Terminals, Customers shall provide the Company with information regarding the Beacon Terminals as separately designated by the Company (including information concerning the applicable electric wave intensity). In the event of any Beacon Terminal being relocated to any of the Customer’s other stores, the Customer shall also provide the Company with information regarding the Beacon Terminal as separately designated by the Company.
4. If there is any change in the information provided to the Company in accordance with the preceding paragraph, the Customer shall promptly provide the Company with the relevant information after such change.
Article 8 Obtaining Information Regarding the Service
Customers shall agree to the Company obtaining and using information regarding any Beacon Terminal (i.e. information on the identifier which identifies such Beacon Terminal) received by a User, subject to the consent of such User. The Customer shall request the consent from the User before obtaining / using the User’ information. If there is any liabilities in relation to the usage of the User’ information by the Customer, the Customer shall be responsible for such damages.
Article 9 Disclaimer
The Company disclaims any and all warranties, express or implied, as to the Service being free of any actual or legal defects, including, without limitation, warranties as to safety, reliability, accuracy, integrity, availability, completeness, validity, fitness for a particular purpose, legitimacy of use for a particular purpose, absence of defects in security, etc., absence of errors or bugs, and non-infringement upon any rights.
Article 10 Public Announcements; Press Releases
Customers must not, without the Company’s prior approval, publicly announce or issue a press release concerning the fact of execution of any Individual Agreement, or any fact related to the details of an Individual Agreement.
Article 11 Intellectual Property Rights
1. The execution or implementation of an Individual Agreement will not constitute the Company permitting the Customer to, regardless of the purpose, engage in acts including copying, transfer, succession, relocation, lending, licensing or other secondary use concerning all or part of the Company’s proprietary intellectual property rights, or any use, earning of revenue or disposal similar thereto.
2. Customers may use the rights which the Company has approved for use under the respective Individual Agreements solely for the purpose of the Service, and may not engage in acts such as copying or reproduction, or transfer, succession, relocation, lending, licensing or other secondary use to any third party concerning all or part of the approved usage rights, or any use, earning of revenue or disposal similar thereto.
3. Any patent rights, copyrights and other intellectual property rights, and any rights regarding know-how, etc. concerning intellectual property rights or know-how, etc. of inventions, etc. newly arising in relation to the Service (collectively, the “Inventions”), and any creations such as documents and computer programs (collectively, the “Creations”) shall belong to the Customer if such Customer independently creates such Inventions or Creations, or shall belong to the Company if the Company independently creates such Inventions or Creations. In the case where the Inventions or the Creations are created based on the confidential information provided by the other party (as defined in Article 19 (Confidentiality) of the LINE Official Account Terms of Use), the attribution thereof shall be determined upon consultation between the Customer and the Company.
Article 12 Third Party Use
1. Customers may allow third parties to use all or part of the Service upon obtaining the Company’s prior written approval, including by email; provided, however, that in the case of causing a third party to use the Service, the Customer shall cause such third party to assume equivalent obligations to those assumed by the Customer under the Individual Agreement (on the premise that the LINE Official Account Terms of Use, the Terms of Use for API for LINE Official Account, etc. and these Terms and Conditions are complied with) and shall represent and warrant that items provided under the Individual Agreement will be complied with by such third party.
2. In the case where a Customer allows a third party to use the Service in accordance with the preceding paragraph, the Company will deem such third party’s action as the Customer’s action, and may seek liability from the Customer under the Individual Agreement.
Article 13 Termination
1. Besides the provisions as set forth in Article 18 (Use Suspension; Termination) of the LINE Official Account Terms of Use, the Company may immediately suspend or interrupt the provision of the Service or terminate an Individual Agreement by giving notification to Customers in the case where it is reasonably assumed that the continuation of the Service will cause events that prevent LINE from being appropriately managed or operated, or cause damage to the Company’s reputation.
2. Even if damage has been caused to a Customer arising from the suspension or interruption of the provision of the Service or the termination of an Individual Agreement in accordance with the previous paragraph, the Company shall assume no responsibility toward such Customer therefor.
Article 14 Revision of Individual Terms of Use
The Company may revise the details of these Terms and Conditions, without giving prior notice to Customers. The Company will announce the post-revision Terms and Conditions on its website or issue the same to Customers individually. Customers shall be deemed to have consented to these Terms and Conditions after the revision by continuing to use the Service following the announcement or issuance.
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