Best Sell Side Platform for PC and SmartPhones

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Terms of Use

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AdStir Terms of Use

The AdStir Terms of Use (below, These Regulations) define the conditions to which users must agree with regard to the use of the AdStir Service (below, The Service) provided and managed by UNITED, inc. (below, UNITED). Use of The Service shall be deemed as acknowledgement that the Service User understands these Regulations and agrees to all articles contained within.

Article 1 Definitions

The following terms shall have the meanings defined below when used in these Regulations.

  1. Websites refers to those websites and applications managed by the Service User that have been approved by UNITED.
  2. AdStir and The Service are general terms for services possessing the following functions.
    (1)Functions for controlling multiple Advertising Networks and the ratio of distribution between advertising from the Service Users organization and normal advertising.
    (2)Advertising server functions for distribution of advertising from the Service Users organization.
    (3)Functions for reporting on distribution of advertising from the Service Users organization.
  3. Service Usage Applicants refers to those people who wish to use The Service.
  4. Service Users refers to those people for whom UNITED has carried out a Service Usage Applicants inspection and registered permission for service use.
  5. Advertising Networks refers to collections of multiple websites and applications forming an advertising distribution network, where advertising is distributed from these Websites.
  6. Advertising Networks From Other Companies refers to advertising networks run by companies other than UNITED.

Article 2 Procedures for Starting Use (Application for Registration for Use)

  1. To begin use of The Service, users must enter basic information (information about their business, etc.) on forms designated by UNITED, and apply to UNITED for registration as Service Usage Applicants. A Usage Contract consisting of the total content of These Regulations shall be deemed to exist between UNITED and Service Usage Applicants when Applicants have applied for registration themselves, from the time when the registration application information arrives at UNITED.
  2. UNITED has the right to refuse applications for registration when the following apply to Service Usage Applicants. In such cases, UNITED is under no obligation to provide an explanation regarding the reason for such refusal, and is not required to provide compensation for damages.
    (1)When the registration applicant does not exist.
    (2)When an application for registration of a Service User duplicates an existing Service User.
    (3)Where Service Usage Applicants have had a service agreement nullified, Service User rights rescinded, or user qualifications revoked, due to violations of These Regulations in the past.
    (4)When there are any untruths, errors, or omissions in the information provided to UNITED when applying for registration.
    (5)When UNITED has deemed for other reasons that it would be inappropriate to register Service Usage Applicants as Service Users.
    (6)When Service Usage Applicants are associated with the activities of antisocial forces, or there are concerns that this may be the case.

Article 3 Changes in Registration Information and Cancellation of the Contract by Service Users

  1. Service Users shall inform UNITED promptly of changes to the name, website information, address, and other information entered when applying to use The Service, using methods defined separately by UNITED.
  2. Service Users wishing to cancel the Usage Contract may do so by informing UNITED. However, UNITED will use email or other methods to confirm the identity of the person applying to cancel the contract. UNITED will then carry out cancellation procedures if it deems that the application for cancellation is appropriate.
  3. When cancelling the Usage Contract as defined in the previous section, monetary claims against UNITED by Service Users shall be forfeit.

Article 4 Termination of the Usage Contract

  1. UNITED may terminate Usage Contracts with Service Users immediately without informing the Service Users, if any of the following are deemed to apply. In such cases, UNITED is under no obligation to offer any reason for cancellation of the Usage Contract, nor is it obliged to provide any compensation or financial restitution related to such termination.
    (1)When a draft or check is dishonored.
    (2)When there have been allegations of seizure, provisional seizure, temporary injunctions or forced auction, or when Service Users have received a disposition for failure to pay taxes or public dues.
    (3)When there have been allegations of insolvency, commencement of corporation reorganization procedures or corporate rehabilitation procedures, or when Service Users have entered liquidation.
    (4)When Service Users attempt to dissolve their operations, or transfer all or a principal part of their business operations to a third party.
    (5)When there has been a violation of These Regulations.
    (6)When UNITED deems that there are other sufficient reasons requiring the cancellation or rescinding of Service User Usage Contracts.
  2. When terminating Usage Contracts as defined in the previous section, monetary claims against UNITED by Service Users shall be forfeit.

Article 5 Business Categories for which Registration is Not Possible

UNITED services cannot be provided or used in the following cases.
(1)When businesses operated by Service Usage Applicants are in violation of public order and morals, or there are concerns that this may be the case.
(2)When businesses operated by Service Usage Applicants are in violation of the law, or there are concerns that this may be the case.
(3)When businesses operated by Service Usage Applicants may harm UNITEDs corporate image.
(4)When businesses operated by Service Usage Applicants are associated with the activities of antisocial forces, or there are concerns that this may be the case.
(5)When UNITED deems that registration is inappropriate for other reasons.

Article 6 Conditions of Usage for The Service

  1. Service Users shall, with regard to the usage of The Service, comply with the instructions for use of The Service stipulated separately by UNITED, the standards stipulated by UNITED, and the instructions and content of decisions made by UNITED.
  2. Service Users shall, with regard to the use of Advertising Networks From Other Companies through The Service, agree that all terms of use stipulated for Advertising Networks From Other Companies are the responsibility of the Service User, and shall comply with these terms. UNITED shall not be responsible for any events caused as a result of the usage of Advertising Networks From Other Companies.

Article 7 Prohibitions

If UNITED deems that Service Users have performed any of the following acts when using The Service, UNITED may, without prior notice, halt payment, erase Service User registrations, or take any necessary means aimed at achieving legal resolution to a problem.
(1)Conduct that infringes on the Intellectual Property Rights, right to privacy, portrait rights, or any other rights or legal gains of UNITED, other Service Users or third parties, or conduct that may cause such infringement.
(2)Conduct that disadvantages or damages other Service Users, third parties or UNITED, conduct that causes them to inflict disadvantage or damage, or conduct that may be the cause of such events.
(3)Conduct deemed to be harmful to minors, or abet harm to minors, or conduct that may do so.
(4)Registration of false information.
(5)Conduct that violates laws, government ordinances, ministerial ordinances, regulations, administrative guidance, etc.
(6)Conduct that abets violence, gambling, narcotics, prostitution, or other crimes.
(7)Conduct involving the management of websites related to multi-level sales schemes, pyramid schemes, etc.
(8)Conducting involving the management of websites, etc. supporting specific political philosophies or religions.
(9)Conduct through which Service Users or third parties attempt to use click fraud or other fraudulent or unfair methods or techniques to unfairly obtain remuneration, or conduct that attempts to induce others to do so.
(10)Conduct that uses fraudulent of unfair methods to attract or coerce website visitors.
(11)Removal or alteration of the SDK / JavaScript or other programs generated or executed by The Service.
(12)Conduct that is associated with, or may be associated with, the activities of antisocial forces.
(13)Conduct that interferes with the operation of The Service.
(14)Other conduct deemed inappropriate by UNITED.

Article 8 Usage

  1. Service Users shall assess for themselves the completeness, reliability, accuracy, and utility of the information provided by UNITED with regard to The Service, and acknowledge in advance that they are using said information under their own responsibility.
  2. Service Users shall use The Service at their own cost and responsibility after agreeing to These Regulations, and in the same way, shall prepare at their own cost and responsibility facilities for Service Users (meaning all Service User telecommunications facilities and equipment, systems, and software, etc. required in order to receive The Service. This definition applies below).
  3. Service Users shall agree to bear the costs and responsibility of maintaining and managing Service User facilities in order to not pose any obstacles to the provision of The Service.
  4. Service Users shall take full responsibility for downloads of software provided by UNITED or third parties, and UNITED shall in no way guarantee, or be responsible for the consequences of said downloads.
  5. Each time Users click on UNITED advertising or normal advertising, UNITED collects the number of these clicks, as well as information concerning the clicked UNITED advertising or normal advertising (below, Click Information).
  6. Service Users acknowledge in advance that Click Information concerning UNITED advertising or normal advertising for users of these Websites will be automatically sent to UNITED servers and advertising sponsors.
  7. UNITED may, when it deems such action necessary for maintenance, inspection, natural disaster, or other reasons, suspend provision of all or part of The Service either temporarily or long-term, without prior notification.
  8. With the exception of where stipulated in These Regulations, notifications or contact from Service Users to UNITED shall be to the email address as separately stipulated by UNITED. UNITED shall not be responsible for any disadvantage or damage occurring from a failure to comply with such information, whether accidental or intentional. Additionally, UNITED shall not be responsible damages occurring due to the failure of notifications to arrive via email.

Article 9 Intellectual Property Rights

  1. All Intellectual Property Rights (below, Intellectual Property Rights) such as patent rights, utility model rights, trademark rights, design rights, copyrights (including the rights under Articles 27 and 28 of the Copyright Act), neighboring rights, moral rights of authors, etc. regarding the text, images, programs, etc. that comprise The Service are the property of UNITED.
  2. All new Intellectual Property Rights produced in the process of or resulting from the delivery of The Service are the property of UNITED.
  3. UNITED may display trade names, trademarks, logos, domain names, and other characteristic displays of Service Users solely for the purposes of fulfilling the AdStir Usage Contract.

Article 10 ID and Password Control

  1. Service Users shall be responsible for controlling Website IDs and Passwords (below, Website IDs / Passwords) received from UNITED with regard to The Service.
  2. Service Users shall not allow the use of their Website IDs / Passwords by third parties, or lend, transfer, change ownership, trade or pawn them to said third parties.
  3. Service Users shall assume full responsibility for damage due occurring due to insufficient control of Website IDs / Passwords, erroneous use of Website IDs / Passwords, or use by third parties of Website IDs / Passwords. UNITED shall not be responsible for damage occurring in such cases.
  4. If The Service is suspended or systems related to The Service damaged due to use of Website IDs / Passwords by third parties, causing harm to UNITED, Service Users shall be responsible for restitution of damages to UNITED in accordance with the regulations of Article 17.
  5. In the event of the theft or loss of Website IDs / Passwords, or when it is apparent that Website IDs / Passwords have been used by a third party, Service Users shall inform UNITED promptly of this matter, and comply with any instructions that UNITED issues.

Article 11 Exemption from Responsibility

  1. UNITED shall not be responsible for Service Users use of The Service, nor for any loss or damage related to the use of The Service, regardless of the reason.
  2. In the event of disputes such as claims, arbitrations, or lawsuits occurring between Service Users and a third party (including other Service Users, users, Advertisers, etc.) regarding the use of The Service, Service Users shall bear the responsibility and cost of resolving the dispute. When UNITED suffers a loss due to the resolution of said disputes, Service Users shall make prompt restitution for all damages (including but not restricted to reasonable legal fees).
  3. UNITED does not guarantee in any way the effectiveness of use of The Service with regard to areas such as increases in sales obtained through use of The Service.
  4. UNITED shall not be responsible for damage to data caused by malfunctions, errors, or other difficulties, or for losses occurring through not being able to use The Service.

Article 12 Confidential Information

  1. In These Regulations, confidential information refers to business, technical, sales, or any other information disclosed from UNITED to Service Users relating to These Regulations.
  2. Regardless of the stipulation in the previous section, the following types of information shall not be included in the definition of confidential information.
    (1)Information that is already public knowledge at the time it is disclosed by UNITED.
    (2)Information that becomes public knowledge after the time said information is disclosed by UNITED, when the reason for this is not attributable to Service Users.
    (3)Information that is already in the possession of the Service Users, and that has not been either directly or indirectly made available from UNITED at the time it is disclosed by UNITED.
    (4)Information that Service Users legally obtained from a third party not constrained by confidentiality obligations, after said information was disclosed by UNITED.
    (5)Information that was independently developed by UNITED without utilizing information from UNITED.

Article 13 Maintenance of Confidentiality

  1. Service Users shall jealously guard the confidentiality of confidential information disclosed by UNITED, and shall not use said information for other than the purpose of fulfilling the Usage Contract for This Service.
  2. Service Users shall make a clear distinction between all confidential information comprising documents, media, and copies of said documents and media disclosed by UNITED as well as other materials and items, and shall ensure careful storage by a responsible manager.
  3. Service Users may not make duplicates of, or copy confidential information or tangible embodiments of said confidential information (including, but not restricted to documents, technical drawings, electromagnetic recordings, trial products, etc.) without prior written agreement from UNITED.
  4. Service Users may not make duplicates of, or copy confidential information or tangible embodiments of said confidential information (including, but not restricted to documents, technical drawings, electromagnetic recordings, trial products, etc.) without prior written agreement from UNITED.
  5. Service Users may disclose to their directors, auditors, and employees confidential information solely for the purposes of fulfilling the Usage Contract of The Service.
  6. If Service Users disclose confidential information to third parties, including those detailed in the previous section, then Service Users shall impose upon said third parties the obligation for maintenance of confidentiality as in this article, and shall not be responsible for said third parties handling of the confidential information.
  7. UNITED may use the contents of Service User communications not recognized as being personal information such as information from a computer terminal, in accordance with UNITEDs privacy policy (http://united.jp/privacy/) to conduct analyses, use as statistical data, or distribute to specific users.

Article 14 Handling of Service Users Information

Service Users shall agree to disclose to third parties in the following cases information (including but not restricted to personal information, and referred to as Service User Information below) regarding Service Users that UNITED has obtained through provision of The Service, and agree to supply to UNITED the consent of the individuals whose personal information constitutes the majority of the Service User Information.
Furthermore, at UNITEDs discretion, and not restricted by the following provisions, UNITED may disclose Service Users Information other than personal information to third parties.
(1)When Service User Information is already public knowledge at the time said information is obtained by UNITED.
(2)When Service Users Information becomes public knowledge after the time said information is obtained by UNITED, for reasons not attributable to UNITED.
(3)When UNITED deems that because of legal proceedings or other procedures, there is a necessity to disclose Service Users Information to courts, prosecutors, police, or supervisory authorities.
(4)When Service Users have acted in violation of Article 7, or when UNITED deems that Service Users have acted in such a manner.
(5)When Service Users Information has been statistically aggregated, and disclosed to third parties in a form in which identification of specific individuals is not possible.
(6)When UNITED deems that there is a necessity to disclose Service Users Information to Advertisers.

Article 15 Changes to These Regulations, and Notifications of these Changes

  1. When deemed necessary by UNITED, UNITED may change These Regulations and Terms of Use as stipulated by UNITED at any time without seeking prior authorization from Service Users.
  2. Changes to These Regulations and Terms of Use as Stipulated by UNITED shall become effective from the time that UNITED notifies Service Users of the details of said changes.
  3. UNITED shall notify Service Users of the required information as needed by a notice on the UNITED website, by email, in writing, or by other means deemed appropriate by UNITED.
  4. When notifications in the previous section are by way of a notice on the UNITED website, by email, or in writing, then said notifications shall become effective from the time that these are posted on the website, the email is sent, or the mail is sent.
  5. Service Users may not configure settings to reject email addressed from UNITED to Service Users.

Article 16 Changes, Additions to, and Stopping of The Service

  1. UNITED may, without prior notice to Service Users, add to or change the content of The Service in part or in full, regardless of reason.
  2. UNITED may, after informing Service Users, suspend or stop The Service in part or in full.
  3. UNITED shall not be responsible for losses to Service Users or third parties resulting from suspension or stopping of The Service after the notification in the previous section.

Article 17 Indemnification for Damages

When Service Users have caused harm to UNITED other than where specified in These Regulations, whether accidental or intentional, or through the violation of These Regulations, Service Users shall make prompt restitution to UNITED for all damages (including but not restricted to reasonable legal fees).

Article 18 Topics of Discussion

Items not specified in These Regulations, and items in These Regulations for which problems regarding interpretation exist shall be resolved through good faith discussions between UNITED and Service Users.

Article 19 Agreement Jurisdictional Court

In the event that legal action is required regarding These Regulations, then UNITED and Service Users shall agree that these shall come under the jurisdiction of the Tokyo District Court and the Tokyo Summary Court in the first instance.

Article 20 Governing Law

These Regulations are based upon Japanese law, and shall be interpreted as such.

Article 21 Endurance of Conditions

Even after expiry of the Usage Contract, the provisions in Article 3 Section 3, Article 4, Article 8 Section 8, Article 9, Article 10 Sections 3 through 5, Articles 11 through 14, Article 16 Section 3, and Article 17 through to this Article shall remain in effect.

Supplement

These Regulations enacted September 12, 2011.

© UNITED, inc. All rights reserved.