Public Calendar Store Acceptable Use Policy
These terms of use (hereinafter referred to as these “Terms”) shall be set forth for the purchase and use of digital contents (as defined in Article 2) sold by sellers (referring to sellers of digital contents; hereinafter the same) in the Public Calendar Store (hereinafter referred to as the "Public Calendar Store Service") available to users (hereinafter referred to as "Users") of the Public Calendar Service (hereinafter referred to as the “Public Calendar Service”) provided by TimeTree, Inc. (hereinafter referred to as the “Company”). Users shall agree to these Terms in using the store service.
Article 1. Application of terms
- Users shall be subject to the TimeTree Terms of Use and the Terms of Use for TimeTree Public Calendar stipulated by the Company, in addition to these Terms, in using the Public Calendar Store Service. Furthermore, the Public Calendar Store Service shall be included in the “Services” in the TimeTree Terms of Use.
- Any matter not stipulated in these Terms shall be governed by the TimeTree Terms of Use and the Terms of Use for TimeTree Public Calendar. If there is any conflict or inconsistency between these Terms and the said Terms of Use, provisions in these Terms shall prevail first, followed by the Terms of Use for TimeTree Public Calendar, and then the TimeTree Terms of Use.
- Users shall use the Public Calendar Store Service in accordance with these Terms, the Terms of Use for TimeTree Public Calendar, and the TimeTree Terms of Use. Users also are responsible for complying with all applicable laws and regulations when using the Public Calendar Store Service.
Article 2. Purchase and use of digital contents
- Users may purchase digital contents (contents such as images and icons that Users are able to use in the Public Calendar Service; hereinafter the same) available in the Public Calendar Service from sellers.
- By purchasing digital contents in the Public Calendar Store Service (including purchases both for a charge and free of charge; hereinafter the same), a User shall be granted by the seller a non-exclusive exploitation right that allows the User to use such digital contents only in the Public Calendar Service. Provided, however, that in the case of recurring billing, the User shall be entitled to use the digital contents only during the period when the User pays the recurring billing. If the User turns off or does not pay the recurring billing, the User shall immediately cease the use of the digital contents and delete the same. In addition, the Company may suspend the use of such digital contents or make such digital contents unavailable on behalf of the User, and the User shall not make any objection thereto.
- The User may use the digital contents purchased under the preceding two (2) paragraphs only in the Public Calendar Service and for the purpose of use by the purchasing User, and shall not use the digital contents for any other purpose.
- All copyrights and other intellectual property rights in and to digital contents shall be reserved by the seller or any third party designated by the seller, and Users shall acknowledge that the purchase of digital contents does not convey any copyrights or other intellectual property rights in and to such digital contents to Users.
- Inquiries and complaints about digital contents shall be made to the seller, and disputes about digital contents shall be handled between a User and the seller unless there is any reason clearly attributable to the Company.
Article 3. Settlement
- The purchase price of digital contents shall be as set forth on the relevant page in the Public Calendar Store Service.
- If a prospective purchaser of digital contents is a minor, such purchase shall be made with the prior consent of their parent or legal guardian.
- Payment for the Public Calendar Store Service shall be made in a manner designated by the Company.
- In a case where the use of digital contents are conditioned on paying a recurring billing, the purchaser shall be billed each time the applicable period prescribed for each digital content expires, and the use shall be automatically renewed under the same conditions unless a request for suspension of use is made by the renewal date. Furthermore, if the seller changes the usage fee, the new usage fee shall be applied from the next renewal, and the purchaser shall pay such usage fee by the payment method specified by the Company no later than the renewal date.
- The Company shall not issue any receipts or the like for purchases of digital contents.
Article 4. No warranty and disclaimer
- The Company shall provide digital contents sold through the Public Calendar Store Service on an "as is" basis as provided by the seller.
- The Company makes no warranty, express or implied, as to the accuracy, novelty, completeness, reliability, fitness for a particular purpose, or non-infringement of rights of any digital contents sold.
- The Company makes no warranty with respect to the web pages and other items of third parties (including sellers) other than the Company that the links displayed on the Public Calendar Store Service lead to.
- The Company may change, suspend, or terminate the Public Calendar Store Service and remove contents, etc. without prior notice to Users of details of the Public Calendar Store Service. The Company shall not be held liable for any damage caused to Users by such action.
- The Company gives no guarantee to Users as to the operation of the Public Calendar Service using digital contents.
Article 5. Termination
- If a User intends to terminate the use of the Public Calendar Store Service, the User shall complete the termination process in accordance with the procedures designated by the Company, and the use of the Public Calendar Store Service shall be deemed to have been terminated upon completion of the termination process.
- The Company shall not, under any circumstances, refund any purchase money, usage fee, or other already received.
- Even if the termination process is completed in the middle of a month, the User shall pay the usage fee for the month in full.
- The right to use the purchased digital contents shall be extinguished upon termination by a User, and the User may not use such digital contents after the termination. The Company shall, immediately after the termination, make the digital contents purchased by the User unavailable and take measures to remove or hide the same from the User's Public Calendar Service.
Article 6. Prohibited matters
Users shall not conduct acts that fall under any of the following items or acts that the Company deems fall under any of the following items. If the Company determines that a User has engaged in such acts, the Company may suspend such User's use of digital contents and take other measures that the Company deems necessary (including suspension of the use of the Public Calendar Service) without prior notice to such User. The Company shall not be held liable for any damage or disadvantage incurred by the User as a result of such measures.
- Reproduce, lend, transfer, redistribute, automatically transmit to the public, make available for transmission, or give permission to reuse any digital contents, or circumvent any technological protection provided to prevent such acts, except as authorized in advance by the seller
- Conduct any other acts that the Company deems inappropriate
Article 7. Suspension of use and cancellation of registration
If a User violates these Terms or the Company deems that it is not appropriate for a User to continue to use the Public Calendar Service for any justifiable reason, the Company may suspend the use by the User or deregister him/her without prior notice or demand. The Company shall not be held liable for any damage or disadvantage incurred by the User as a result of such measures.
Article 8. Compensation for losses and damages
- The Company shall not be held liable for any damage incurred by a User due to the negligence of the Company (except for gross negligence) that arises out of special circumstances (including the cases where the Company or the User foresaw or could foresee the occurrence of damage), even if stipulated in these Terms.
- In a case where the Company is liable to a User for damages under these Terms or the Consumer Contract Act, the Company’s cumulative damages against the User shall not exceed the amount paid by the User to the Company for the services giving rise to the direct cause of the liability for damages.
Article 9. Amendment to these Terms
- The Company may, if necessary, amend these Terms and other by way of publication or notice to Users in accordance with the laws and regulations.
- In case of the preceding paragraph, the Company shall inform Users of the contents and effective date of the amended Terms by displaying them on the Public Calendar Service or on the Company Website, and the amended Terms shall become effective on the effective date.
Article 10. Governing law and court of jurisdiction
These Terms shall be governed by the laws of Japan. Any dispute arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.
Effective from: October 1, 2024