Terms of Use for HAHAmoji

Article 1. General Provisions

1.1 These Terms of Use (these “Terms” hereinafter) shall apply to any activities of the users (the “Users” hereinafter) during the course of their using the Application Service “HAHAmoji” for Smartphones (iOS devices) (the “App” hereinafter) provided by Baidu Japan Inc. (“we” hereinafter).

1.2 These Terms shall set out the terms and conditions of the use of the App. Users shall use the App in accordance with these Terms.

1.3. Users shall be deemed to accept and acknowledge all the conditions set out in these Terms upon using the App.

1.4. No failure or delay in our enforcing or exercising the rights under these Terms shall operate as our waiver of such rights.

Article 2. License

2.1 We grant a non-assignable and non-exclusive license to use the App specifically to Users himself or herself who has accepted the Terms. License shall be granted without compensation for the time being. We may provide additional functions for compensation.

2.2 In this App, we will provide the means to render new image data by modifying or retouching User’s own image data.

2.3 The image data (the “Image Data”) shall be processed locally in User’s own device and will not be sent to our server.

2.4 We may collect User’s usage history of the App, such as which buttons are tapped, and send to our server. For details of the information we collect and use, see “HAHAmoji Privacy Policy”.

Article 3. System requirement

3.1 Users shall be responsible and bear the costs for setting up their environment, including preparing their smartphones and any other communication means and installing the App to their device.

3.2 Users shall take security measures, including protecting against virus infection, unauthorized access, and information leak, depending on their environment.

3.3 We will not be involved, or have no responsibility for, setting up Users’ environment for the App.

Article 4. Users’ responsibilities

4.1 Users shall use the App at their own risk and shall bear responsibilities for any actions carried out by themselves and outcomes brought about by their use of the App.

4.2 In case Users are liable for defamation, infringement of privacy rights, disclosure of personal data of third parties without permission, breach of copyright law, or any other infringement of the rights of others, Users shall resolve the disputes at their own responsibility and costs.

Article 5. Restrictions

Users shall not engage in any of the following activities while using the App:

(1) to infringe or commit an act likely to infringe the copyrights, trademark rights or other intellectual property rights or others;

(2) to infringe or commit an act likely to infringe the property rights, privacy rights or rights of publicity of or others;

(3) to unduly discriminate, mentally abuse, encourage unfair discrimination, defame or damage credibility of others;

(4) to identify oneself as others (impersonation), pretend to have rights to represent others or to be an agent of others despite the lack of such right of representation (misrepresentation), pretend to have affiliation or cooperative relationship with others or organizations while using the App;

(5) to alter or delete the information compiled in our equipment without our authorization;

(6) to transmit or post harmful computer programs such as computer virus;

(7) to commit or commit an act likely to put a strain on the server of others, or disrupt the operation of the App or network system;

(8) to post a link to promote the acts set forth above from Article 5. (1) to 5. (7) knowing it falls on this provisions;

(9) to violate laws, regulations, public order or morals, breach of the Terms or any other terms and conditions of use, or commit any acts we may deem as infringement of the rights of others; and

(10) to commit any other acts we shall deem inappropriate.

Article 6. Our rights

6.1. The property rights of any and all of the contents and information contained in the App, other than the contents and information posted by the Users, shall belong to us or our licensors.

6.2 Contents posted or provided on the App or advertisement materials are protected with the laws and treaties regarding copyrights, trademark rights, design rights and any other intellectual property rights.

6.3 All the software used on or in relation to the App include property rights or trade secrets protected with the laws and treaties on intellectual property rights.

Article 7. Disclaimers

7.1 Any arguments or disputes between the Users shall be resolved by their own and we have no responsibility for resolving such disputes.

7.2 Any arguments or disputes between the Users shall be resolved by their own and we have no responsibility for resolving such disputes.

7.3 In no event shall we be liable for the damages caused by the addition or alteration of the contents of the App, or discontinuation or termination of the App. Neither we shall bear responsibility for display speed lowering or obstacles in the App because of high-traffic or any other unforeseeable reasons.

7.4 We shall be able to add, alter, discontinue, and terminate the App at any time with its own discretion.

Article 8. Validity of these Terms

8.1. Even where any part of the provisions of these Terms are deemed as invalid according to the laws and regulations, the remaining provisions shall still be valid.

8.2. When any part of the provisions of these Terms are deemed invalid or cancelled in relation to any of the Users, it shall not affect the validity of such provisions in relation to any other Users.

Article 9. Governing Law and Jurisdiction

9.1. These Terms shall be governed by the laws of Japan.

9.2. Any and all dispute arising out of or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.

Article 10. Revision to these Terms

10.1. We may revise these Terms at any time at our own discretion.

10.2. The revisions to these Terms shall be notified to the Users and become effective by means of publishing the revised Terms on the App or our websites where Users can readily see.

10.3. Users shall be deemed to agree with the revised Terms upon using the App after the revision to these Terms become effective.

10.4. The revised Terms shall apply to any acts of Users including those conducted before the revision to these Terms.

Established : May 25, 2017

Last modified : July 12, 2017