Capitalized terms defined in the General Terms and Conditions shall, unless otherwise defined herein, have the same meanings when used in these Specific Terms, and in addition:
1.1 "Advertiser" means the Partner that has subscribed for and uses the Advertising Services, and where applicable, the advertising agency or Agent appointed to act on behalf of such Partner in connection with the Advertising Services.
1.2 “Advertising Content” means the advertisements and other content (as specified in the attached schedules) submitted by the Advertiser to LINE for publication on the LINE Timeline Service.
1.3 “Advertising Services” means the advertising services specified in Insertion Order (s).
1.4 “Agent” means a party who introduces LINE to the Advertiser.
1.5 “Approved Users” means any Users of the LINE Timeline Service.
1.6 “LINE Timeline Content” means any titles and related metadata and materials, including, but not limited to, title’s trailers, clips, artwork, extracts, synopses, photographs, actors' photographs, actors' information, caption files, subtitle files, ratings, music video thumbnails, and metadata, made available for the provision of the LINE Timeline Service.
1.7 “LINE Timeline Service” means the advertising space provided by LINE for the publication of the Advertiser's Advertising Content in accordance with these Specific Terms.
1.8 “Prohibited Content” means any content that:
(1) is harmful, violent, offensive, abusive, harassing, defamatory, vulgar, pornographic, threatening, obscene, or libelous;
(2) is illegal, or intended to promote or commit an illegal act of any kind, including, but not limited to, violations of intellectual property rights, privacy rights, or proprietary rights of LINE or a third party;
(3) includes personal data of third parties, or is intended to solicit such personal data;
(4) includes a computer virus, harmful computer code, file, or program, or malicious content such as malware, Trojan horses, or viruses;
(5) involves commercial or purchase activities that are prohibited or unauthorized, such as contests, sweepstakes, or pyramid schemes; or
(6) violates any applicable laws.
2. Interruption of the Advertising Services
In the event of any of the following, LINE may temporarily interrupt all or part of the Advertising Services:
(i) Maintenance of systems or equipment used for the Advertising Services;
(ii) Failure of systems or equipment used for the Advertising Services; or
(iii) Incapability to use telecommunication services due to the services provided by telecommunication companies.
3. Suspension of the Services
If any of the following applies to the Advertiser, LINE may suspend the use of the Advertising Services by the Advertiser:
(i) The Advertiser fails to pay its fees when they become due;
(ii) The Advertiser assigns, lends or shares its account or administration website for the Advertising Services;
(iii) The Advertiser infringes upon any industrial property right, copyright or other intellectual property rights of a third party;
(iv) The Advertiser violates any applicable law or regulation, including international treaties, national laws and regulations, and local ordinances;
(v) The Advertiser transmits information containing misrepresentation or fabrication;
(vi) The Advertiser transmits information that is contrary to public order and good morals;
(vii) The Advertiser infringes any right of a third party to protect its honor, trust or privacy or to control the use of its likeness, among other third party rights;
(viii) The Advertiser commits an act that is disadvantageous or harmful to any of the Provider or LINE or LINE's customers;
(ix) The Advertiser commits an act that Provider and/or LINE deems illegitimate or inappropriate; or
(x) The Advertiser commits an act that is in violation of the General Terms and Conditions or these Specific Terms, and such violation results or may result, as determined by Provider, in significant interference with the operation of Provider, LINE or the Advertising Services.
(xi) The third party who operates and provides the application market for smart phones used by LINE (e.g., Apple Inc., Google Inc.) requires LINE to suspend providing all or any part of the Advertising Services.
4. Termination of the Advertising Services
(1) Provider may terminate all or part of the Advertising Services as deemed appropriate by Provider and/or LINE.
(2) If all or part of the Advertising Services is terminated pursuant to Article 4(1) above, the Agreement shall be terminated concurrently as of the date of such termination of the Advertising Services, subject to Article 7 below.
5. Termination of the Agreement
(1) In addition to the General Terms and Conditions, if any of the events in Article 3 applies to the Partner, Provider may immediately terminate the Agreement with the Advertiser without suspending the Advertising Services pursuant to Article 3.
(2) Either Provider or the Advertiser may immediately terminate the Agreement, if any officer or employee 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 officer or employee of the other Party is found to be involved with such antisocial force.
6. Rights to Information
(1) Intellectual Property Rights, including copyrights, to information registered, submitted or uploaded for the Advertising Services by the Advertiser shall belong to the Advertiser; provided, however, that LINE is not obligated to protect the Intellectual Property Rights of the Advertiser.
(2) Advertiser shall grant to LINE the license to use the information registered, submitted or uploaded for the Advertising Services by the Advertiser to the extent necessary for the Advertising Services. Advertiser shall not enforce its author’s moral rights against LINE.
(3) Rights to the information of Approved Users that the Advertiser obtains from its use of the Advertising Services (including, but not limited to, names, IDs, icon images, status messages and contents; hereinafter referred to as the “Users’ Information”) shall belong to LINE; provided, however, that an exception may apply to any Users' Information collected by Advertiser at websites that are not the websites for the Advertising Services but accessed through the use of the Advertising Services by means, such as links, designated by the Advertiser.
(4) Advertiser may not collect or reuse the Users’ Information for any purpose other than for use of the Advertising Services.
(5) Advertiser agrees that all information registered for the Advertising Services by the Partner will be deleted upon the expiration or earlier termination of the Agreement.
(6) Advertiser agrees that information transmitted to Approved Users through the use of the Advertising Services will remain in the Approved Users’ devices even after the expiration or earlier termination of the Agreement and that the Approved Users may continue to use such information.
Subject to the confidentiality provisions in the General Terms and Conditions:
(1) With respect to confidential information or proprietary information of LINE or the Advertiser disclosed under the Agreement (hereinafter collectively referred to as the “Confidential Information”), if a disclosing party informs the confidential nature of such information to a receiving party, the receiving party shall treat such information as strictly confidential.
(2) Personal information owned by LINE and/or its Affiliate or the Advertiser and disclosed pursuant to the Agreement shall be treated as the Confidential Information. Provider and the Advertiser shall use reasonable efforts to prevent any divulgation, falsification or eavesdropping or unauthorized transmission or dissemination of such personal information.
(3) If either Advertiser or LINE becomes aware of any divulgation, falsification or eavesdropping or such other unauthorized transmission or dissemination of the Confidential Information, it shall immediately report the same to the other Party in writing.
8. Compensation for Damages
(1) If the Provider or LINE incurs damages due to the Advertiser's violation of the General Terms and Conditions or these Specific Terms, the Advertiser shall immediately compensate all such damages (including, but not limited to, reasonable attorney’s fees).
(2) If the Advertiser receives any claim, allegation, demand, request or motion (hereinafter collectively as the “Claims”) that the Partner has infringed upon a right of a third party, including the Approved Users, in relation to the Advertising Services, the Advertiser shall resolve such Claims at its expense and responsibility. If Provider or LINE incur(s) any damages due to such Claims, the Advertiser shall immediately compensate all such damages. If Provider or LINE resolve(s) the Claims, the Advertiser shall pay for all expenses incurred by Provider or LINE in connection with its resolution of the Claims.
(3) Neither the Provider nor LINE is responsible for any damages that Advertiser may incur during any interruption or suspension of the Advertising Services due to Force Majeure, or the event described in Article 3(xi) above.
(4) With respect to the provisions of the General Terms and Conditions and these Specific Terms, only if the Advertiser incurs damages due to the willful conduct or gross negligence of Provider or LINE, Provider or LINE (as applicable) will compensate such damages to the extent that such damages are ordinary, actual and direct. The amount of compensation to be paid by either the Provider or LINE shall be limited to the lesser of either (i) the amount of monthly fees and (ii) the amount of fees actually paid by the Partner in the month preceding the month when the damages have been incurred.
9. Change of Name and Other Information of the Partner
(1) If there is any change to the Advertiser's representative, corporate name or address, the Advertiser shall promptly notify Provider of the change in writing.
(2) If Provider receives the notice in Article 11(1) above, Provider may request the Advertiser to provide a document evidencing such change, and the Advertiser shall comply with such request.