Posted: April 15, 2018
[This text was written without consultation with a lawyer, leveraging heavily from documents found on the web for other businesses. If you have any questions, feel free to ask.]
Your Stuff & Your Permissions
When you use our Services, especially if you subscribe to one or more database applications, you provide us with things like various types of files, information including personal contact information on you and others, and so on (“Your Stuff“). Your Stuff is yours. These Terms don’t give us any rights to Your Stuff except for the limited rights that enable us to offer the Services.
We need to access, store, and manipulate Your Stuff in order to provide the functionality of the application. You give us permission to do those things.
If you terminate your database subscription, we will provide a copy of Your Stuff to you, in the form of files you have uploaded and an SQL file of the data you have input. We might also provide CSV files of selected data for your convenience, but we are under no obligation to do so.
You’re responsible for your conduct. Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.
You agree not to misuse the Services or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:
- probe, scan, or test the vulnerability of any system or network;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
- interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- sell the Services unless specifically authorized to do so;
- upload materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence;
- violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading; or
- violate the privacy or infringe the rights of others.
We may review your conduct and content for compliance with these Terms. With that said, we have no obligation to do so. We aren’t responsible for the content people manage via the Services.
Help us keep you informed and Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account.
You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, our Services are not intended for and may not be used by people under the age of 13. By using our Services, you are representing to us that you’re over 13.
The Services are protected by copyright, trademark, and other laws. These Terms don’t grant you any right, title or interest in the Services, others’ content in the Services, logos, and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
The code for the interface of L4JP’s database services is open-source, meaning that it is publicly available, but it is licensed under the GNU General Public License v.2 (GPL2).
Billing. Our database subscriptions are billed on an annual basis. We will send you an invoice when the time for renewal approaches.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
- you’re in breach of these Terms,
- you’re using the Services in a manner that would cause a real risk of harm or loss to us or other users.
We’ll provide you with reasonable advance notice to remedy the activity that prompted us to contact you. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We won’t provide notice before termination where:
- you’re in material breach of these Terms,
- doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
- we’re prohibited from doing so by law.
Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond L4JP’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice and provide copies of Your Stuff. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, L4JP MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.)
Limitation of Liability
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, L4JP WON’T BE LIABLE FOR:
- ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, ORr
- ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT L4JP HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS OR RE-SALE PURPOSE, L4JP WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. L4JP IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
WE LIMIT OUR LIABILITY TO YOU TO THE AMOUNT YOU’VE PAID UNDER YOUR CURRENT SUBSCRIPTION.
These Terms will be governed by Japan law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
These Terms constitute the entire agreement between you and L4JP with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
L4JP’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void.
We may revise these Terms from time to time to better reflect:
- changes to the law,
- new regulatory requirements, or
- improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.