SPECIFIC TERMS AND CONDITIONS OF LINE SERVICES FOR BUSINESS PARTNERS - LINE POINT CONNECT
Article 1 (Purpose)
These Specific Terms and Condition of LINE Services for Business Partners: "LINE Point Connect" (these "Specific Terms") set forth the terms and conditions regarding the Partner's use of the LINE Point Connect service (the "Service") provided by LINE Corporation (the "Company") to the Partner.
Article 2 (Definitions)
Capitalized terms used within these Specific Terms shall have the meanings as set forth in the following items:
(1) "LINE" means the LINE messaging service and related services operated by the Company.
(2) "LINE Points" mean the service, called "LINE Points," provided by the Company.
(3) "Point Connect Server" means the programs or systems to use the Service.
(4) "Development Environment" means the "LINE developers" development environment for the Service provided by the Company to the Partner.
(5) "Partner" means an entity that develops and provides the Point Connect Server using the Service.
(6) "User" means a person who receives LINE Points through the Point Connect Server provided by the Partner.
Article 3 (Contractual Relationship)
1. These Specific Terms apply in conjunction with the Major Terms and General Terms and Conditions of the Services (the "Major Terms"), the Specific Terms and Conditions of LINE Services for Business Partners: "Official Account" (the "LINE OA Specific Terms") and the Specific Terms and Conditions of LINE Services for Business Partners: "Business Connect" (the "Business Connect Specific Terms") to the Partner's use of the Service. In the event that there are any discrepancies between the details contained herein and those of the Major Terms, the LINE OA Specific Terms, or the Business Connect Specific Terms, these Specific Terms shall prevail.
2. Persons who wish to use the Service must agree to the Major Terms, the LINE OA Specific Terms, the Business Connect Specific Terms, and these Specific Terms, and must submit the required items for applying to use the Service, via the application form or application screen separately designated by the Company (the "Application, Etc.").
3. When the Company approves the application submitted in accordance with the preceding paragraph and use of the Service, the Company shall notify such applicant, either in writing or by email, of the Partner's ID, its password, and other information necessary for using the Service (the "ID, Etc.").
4. Unless otherwise provided in the Application, Etc., the agreement for use of the Service (the "Agreement") shall be deemed effective as of the date that the Company provided notification to the Partner in accordance with the preceding paragraph (the "Commencement Date"). In the event that there are any discrepancies between the provisions of these Specific Terms and those of any application made by the Partner pursuant to Paragraph 2, the provisions of such application shall prevail.
5. Unless otherwise provided in the Application, Etc., the Agreement shall automatically have terminated upon termination of the agreement for use of LINE Business Connect relevant to the Service, or upon any amendments thereto such that the Partner can no longer use the Service.
6. The Company may amend these Specific Terms as necessary by posting a notice within the Development Environment or by notifying the Partner. The Partner is deemed to have given consent to amendments to these Specific Terms upon continued use of the Service after the amendments.
Article 4 (Granting of LINE Points; Payment of Fees)
1. The Company shall grant the number of LINE Points applied for by the Partner through the Point Connect Server to the User indicated in the Agreement.
2. The Partner shall pay to the Company the amount calculated by the way as separately indicated in the Application.
Article 5 (Management of Service and ID, Etc.)
1. The Partner shall manage the ID, Etc. and use the Service with the care of a good manager.
2. The Partner shall download and refer to the API and other technical specifications and documents necessary for developing the Point Connect Server through the Development Environment (the "Company Documents, Etc.").
3. The Partner shall designate a person to carry out any development, operations, and management (the "Operator") for use of the Service by entering the required items in the Development Environment. The Partner shall bear all responsibility for all actions taken by the Operator in the Service. The Company shall deem the actions by the Operator to be those of the Partner, and may hold the Partner responsible under the Agreement.
4. The Partner shall not allow any third party other than itself (excluding the Operator) to use the ID, Etc. (meaning access to the Development Environment and any and all other operations of the Service) without obtaining prior consent from the Company in writing or via email.
5. The Partner shall manage any and all information obtained through its use of the admin panel and ID, Etc. (including, but not limited to, personal information; collectively, the "Information") as confidential information, and use the Information only to the extent necessary to use the Service.
6. The Partner shall establish the management systems set forth in the following items for the proper management of the ID, Etc. and the Information:
(1) appoint a person responsible for overseeing the handling of the ID, Etc. and the Information;
(2) restrict devices that can access the ID, Etc. and the Information and strictly manage such devices;
(3) when using tangible things on which the ID, Etc. and the Information are recorded or written, restrict the use and storage location and strictly manage the things, such as by placing them in a lockable cabinet or locker; and
(4) in addition to the preceding three (3) items, create any systems necessary to appropriately manage the ID, Etc. and the Information (including, but not limited to, the development of capability to detect unauthorized access, training for appropriate handling of information, and auditing of information handling).
7. The Partner shall provide to the Company upon request a report in writing or through email describing the ID, Etc. and the Information management systems.
Article 6 (Point Connect Server)
1. The Partner shall develop a Point Connect Server at its own cost and responsibility and link the Point Connect Server with the Service's API.
2. The Partner shall submit reports in writing or by email to the Company describing the Partner's plans for development of the Point Connect Server, including the functions thereof (the "Development Plans"), and obtain prior approval from the Company. In the event that the Company has instructed the Partner to make any changes to the development plans, the Partner shall comply with such instructions. The Company shall treat the development plans as the Partner's confidential information.
3. The Partner shall develop the Point Connect Server so that the Point Connect Server's actions and operations on LINE (including automatically-generated actions and operations as well as messages, etc. sent to Users by the Partner directly operating the Development Environment) are not prohibited activities as set forth in the LINE Terms and Conditions of Use or the LINE Point Terms and Conditions of Use. In such case, "User" in the LINE Terms and Conditions of Use and in the LINE Points Terms and Conditions of Use shall be read as "Partner".
4. The Partner shall implement functionality into the Point Connect Server to display the following items on screen to Users in a manner such that they are made aware of such items (including notifications, such as messages) and obtain consent from Users if necessary, and comply with the matters displayed to the Users.
(1) that the Partner is the entity responsible for handling the messages entered by the User via the Point Connect Server along with any information collected from the User through the Point Connect Server (including, but not limited to, personal information; the "User Information"), and that the User Information shall be used only within the scope of the service on LINE through the Point Connect Server; and
5. The Partner shall comply with the following items when developing and operating the Point Connect Server:
(1) the Point Connect Server satisfies the specifications of the Point Connect Server and development guidelines for the Service (including documents, regardless of name, delivered to the Partner for the same purpose; the "Guidelines, Etc.") set forth in the Company Documents, Etc., and does not fall under the matters prohibited in the Guidelines, Etc. The Company may amend the Guidelines, Etc. as necessary by posting a notice within the Development Environment or by notifying the Partner. The Partner is deemed to have given their consent to the amendments to the Guidelines, Etc. upon continued use of the Service after the amendments.
(2) the Point Connect Server does not infringe any third party rights (including, but not limited to, copyrights, author's personal rights, patents, trademarks, design rights, utility model rights, trade secrets, rights to reputation, portrait rights, privacy rights, and right of publicity).
(3) the Point Connect Server does not contain any content which is, or is likely to be, in violation of public order or proper morals (including, but not limited to, excessively violent expressions, overly sexual expressions, or other anti-social content) or content which is forbidden by laws and regulations.
(4) the system developed, operated, and managed by the Partner satisfies items under the System Management Standards set forth by the Ministry of Economy, Trade and Industry, or the Partner has management systems that are of the same level.
(5) that the Partner using the Point Connect Server only collects information which the Company determines necessary to operate the Point Connect Server, and does not collect passwords or passcodes, credit card information, or any other highly confidential information, in particular, information concerning the User's privacy.
(6) that Information shall not be provided to third parties (other than the Operator) or publicly disclosed.
7. In the event that a complaint is received from a third party (including Users), or a security incident or accident, such as a leak of personal information, is occurred, resulting from the Point Connect Server, the Partner shall promptly notify the Company of such matters in writing or by email and, if separately demanded by the Company, to report to the Company on the details of such event to a reasonable degree.
8. In the event that a conflict arises between the Partner and a third party (including Users) as a result of the Point Connect Server developed by the Partner, the Partner shall resolve such dispute at its own responsibility and cost. The Company does not become involved in any way, including mediating, in such conflict.
9. For matters not set forth in these Specific Terms, the Partner shall handle the User information in accordance with the LINE User Data Policy. The Specific Terms shall prevail over any discrepancy between the contents herein and the LINE User Data Policy.
Article 7 (Ownership and Use of Rights)
1. The intellectual property rights, including copyright for the Company Documents, Etc., shall be owned by the Company. The Partner shall not reprint, forward, duplicate, publicly disclose, transmit, distribute, assign, lend, translate, or adapt the Company Documents, Etc.
2. Rights to User-related information on the LINE platform (including, but not limited to, the User's name, nickname, LINE account ID, icon image, status message, picture, and User's identifier, etc.) which the Partner obtained through use of the Service shall be owned by the Company, and the Partner may use such information only to the extent necessary for the purpose of the Service.
3. Rights to information which the Partner obtained through use of the Point Connect Server (meaning information transmitted between Users and the Point Connect Server over LINE, but excluding the information set forth under the preceding two (2) paragraphs which is owned by the Company; the "Point Connect Server Communication Data") shall be owned by the Partner, and the Company does not protect the Point Connect Server Communication Data in any way.
4. In the event that the Partner makes any inventions, devices, or creation, etc. in relation to its development or operation of the Point Connect Server (an "Invention, Etc."), the Partner shall provide written notice to the Company to that effect, and the ownership of the rights (including patent, utility model, design, and copyright) for an Invention, Etc. shall be determined upon separate mutual consultation. Further, in the event that an application for a patent, etc. is made for an Invention, Etc. (meaning applications for patents, utility models, or designs, and including international applications), the applicant shall be determined upon prior mutual consultation with the Company.
5. Even if it is determined that the Partner owns the rights to an Invention, Etc. as the result of the mutual consultations set forth in the preceding paragraph, the Partner shall, at the Company's request, license to the Company or a third party indicated by the Company (collectively, the "Licensee"), without any geographic restrictions, indefinitely, and at no cost, the right to practice or use the Invention, Etc. (including development by the Licensee of its own software, etc., use of such software, etc., or allowing a third party to use the same), and shall not exercise its author's moral rights.
6. In the event that the Operator performs any development, operation, or management pertaining to the Service, the Partner shall provide any necessary provisions in a contract between the Partner and the Operator to ensure that there is no hindrance to the treatment under the provisions of the preceding two (2) paragraphs.
7. The Partner agrees that Point Connect Server Communication Data may be stored on Users' devices and that Users may continue to use the same.
Article 8 (Suspension and Shutdown of Provision)
1. The Company does not guarantee, either express or implied, that the Service (including LINE) is free from de facto or legal flaws (including, but not limited, to flaws relating to safety, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, or the legality of using for certain purposes, as well as security-related faults, errors, bugs, or rights infringements).
2. In the event of a situation which applies to any of the following items, the Company may suspend or shutdown the provision of all or part of the Service. In such case, the Company shall notify the Partner by email or another method as soon as possible about the facts and period, etc. of the suspension or shutdown of provision of the Service, and shall make reasonable efforts to minimize the impact to the Partner and Users caused by the suspension or shutdown of provision of the Service.
(1) when performing an inspection, maintenance, or construction work, etc. on the facility used by the Service.
(2) when a fault has occurred in the facilities used by the Service; and
(3) when it becomes impossible to use telecommunications services resulting from services provided by a telecommunication operator.
3. In the event that the Company determines that any of the following items apply to the Point Connect Server, the Company may suspend or shutdown the Service upon sending advance notice in writing or via email to the Partner; provided, however, that in the event of an emergency or other situation where it is unavoidable, the Company shall immediately suspend or shutdown provision of the Service and promptly provide written (including email) notice after the fact.
(1) when the details differ extraordinarily from the Planning Information approved by the Company;
(2) when the Point Connect Server falls under any matters prohibited by the Company, including those under the LINE Terms and Conditions of Use, the LINE Point Terms and Conditions of Use, and these Specific Terms;
(3) when User information has been wrongfully collected;
(4) when the Point Connect Server is not in compliance with the Guidelines, Etc.; and
(5) when the Point Connect Server is otherwise deemed inappropriate by the Company.
4. In the event that a message or other communication that a User intended to input to the Point Connect Server cannot be sent to, or received by, the Point Connect Server as the result of transmissions between LINE and the Point Connect Server being congested or blocked due to the Point Connect Server, or the Partner's telecommunications facility connected to the Point Connect Server, the Company may at its discretion discard all or some of such transmissions and may suspend or shutdown the Service without providing prior notice to the Partner.
5. The Partner agrees in advance that there are cases in which transmissions between LINE and the Point Connect Server are affected, and that the Point Connect Server does not operate properly as a result of suspensions or shutdowns of provision of the Service.
6. The Company shall not bare any responsibility for damage incurred by the Partner or Users, regardless of the reason, as a result of suspension or shutdown of the Service (including LINE).
Article 9 (Confirmation of Legality)
1. The Partner represents and warrants that the Partner has made inquiries to the reasonably-foreseeable governmental organizations that may, or do in fact, regulate certain services to be provided by the Partner through the Service and has confirmed that such provision is legal. In the event that there are no such governing laws or regulations, the Partner is not obliged to make such confirmation.
2. Further, the Partner shall continue to confirm the legality of providing the specific service to Users even after commencing use of the Service.
3. In the event that the Partner is negligent in its duty to confirm the matters set forth in the preceding two (2) paragraphs and it is discovered that providing a specific service to Users using the Service is illegal, the Company may immediately shutdown or suspend use of the Service, and the Company shall not bear any responsibility for any damages incurred by the Partner related to such shutdown or suspension. Further, in the event that providing a specific service to Users using the Service is illegal, the Partner shall compensate the Company in full for damages incurred and for an amount equivalent to the compensation for damages the Company bore to third parties (including but not limited to attorney fees).
Article 10 (Termination of Provision)
1. In the event that the Partner breaches any of the following items and does not perform such cure within a requested reasonable period, the Company may suspend, shutdown, or terminate provision of the Service upon providing prior notice in writing or via email.
(1) when the situation set forth in Article 8.3 occures; and
(2) when the Partner violates a provision of these Specific Terms.
2. Notwithstanding the provisions of the preceding paragraph, if the Point Connect Server developed by the Partner is not accessed LINE for six (6) months or longer, and the Company sends a notice in writing or via email to the Partner but the Partner does not respond within thirty (30) days, the Company may suspend, shutdown, or terminate the provision of the Service from the day on which thirty (30) days have elapsed from when the Company send such notice.
3. Provision of the Service shall be automatically terminated in the event that the LINE Point service is terminated.
Article 11 (Measures after Termination)
After use or provision of the Service has terminated, the Partner shall immediately cease use of the ID, Etc. and promptly destroy the information and the Company Documents, Etc. set forth under Article 7.2 and Article 7.3. Information falling under Article 7.2 and Article 7.3 shall be deleted in accordance with the LINE User Data Policy.
Last updated on November 22, 2018