Fixstars Corporation (“we”) set the terms of use for the “FlashAir Developers” (“the Service”) we provide as follows.

General Rules

  1. Users shall observe these terms in using the Service.
  2. These terms are applicable to users as well as ourselves with respect to use of the Service.
  3. Users are regarded as having implicitly agreed to these terms by using the Service for any reason whatsoever.
  4. We may change the contents of these terms without prior notice to users. When users continue to use the Service after the change, we regard users as having agreed to the change.

Rights of the Service

All copyrights on the Service (including the rights to compilations) are vested in us or third parties who have licensed the rights to us. Users may not use any information provided through the Service beyond the scope of private use specified by the Copyright Act. Moreover, any actions, including forwarding, copying or altering are not permitted.

Prohibited Acts

  1. Users may not commit any acts or potential acts which correspond to any of the following in using the Service:
    • Alteration of information available in the Service
    • Acts which infringe or could potentially infringe the property, confidence, honor, privacy or other rights (including but not limited to the intellectual property rights, rights of publicity or image rights) of us, other users or any other third parties
    • Acts which disclose information that would identify other users or third parties without their notice
    • Acts which seem to be intended to guide users to specific external websites excessively or improperly
    • Transmission and writing of harmful computer programs
    • Acts which abuse or damage the reputation of us, other users or third parties
    • Acts which are offensive to public order and morals
    • Acts which encourage criminal actions or imply the performance of such actions
    • Acts which disclose indecent writings or pictures to other people
    • Profit-oriented acts
    • Acts which fall under religious activities and political inducing
    • Acts which interfere with the operation and use of the Service
    • Other acts which violate or possibly violate laws and regulations
    • Other acts which we find to be offensive
  2. When users commit any prohibited acts specified in the preceding paragraph, we may suspend the use of the Service by the users.
  3. When we suffer any damages due to acts corresponding to events of paragraph (1), the users shall indemnify us against the loss.

Trademark Information

Fixstars and the logos of Fixstars are the registered trademarks of Fixstars Corporation. FlashAir is the trademark of Toshiba Memory Corporation. Other company and product names are the trademarks or the registered trademarks of their relevant companies.

Disclaimer

  1. We do not guarantee the accuracy, completeness or serviceability of the information we provide through the Service. If any damage to users or third parties occurs due to the information, we do not take any responsibility.
  2. If loss or destruction of data, interruption of business, opportunity loss or any other damages of any nature (including incidental damage, consequential loss, indirect loss, lost earnings and special damage) is caused to the users through their use of the Service, we do not take any responsibility. The same applies even if the users have previously notified us of the possibility of the above damages.
  3. In using the Service, if the users cause damages to other users or any third parties, or the users suffer damages, or any conflicts occur between the parties, the matter shall be solved between the parties. We take no responsibility for the matter.

Suspension of the Service

We may suspend or restrict the provision of the Service temporarily without notice to users for the following reasons. We take no responsibility for damages caused by suspension or restriction of the Service.

  • When our system maintenance, checkout or repair is conducted.
  • When we are unable to provide the Service due to fire, electric outage or acts of providence.
  • When we are unable to provide the Service due to operational or technical problems.
  • Any other cases where we consider suspension or restriction of the Service to be necessary.

Modification/Suspension/Abolition of the Service

We may modify, suspend or abolish the Service without prior notice to users.

ID/Password

When we provide users an ID and password, the users shall handle the ID and password with necessary and sufficient care, ensuring not to disclose or divulge the ID or password to any third party. The users shall be liable for any damages caused by inadequate management, error in use or use by any third party.

User Notification Methods

We give notices to users by posting them on the Service or any other means we consider appropriate, unless we specify otherwise in the terms of use.

Governing Law and Jurisdiction

Any conflicts between users and us with regard to the Service shall be governed by the laws of Japan and the exclusive court shall be the Tokyo Summary Court or the Tokyo District Court depending on the jurisdictional amount.

First edition, May 24, 2013