Smart Custom Service User Agreement
The following is excerpted from Custom Service User Agreement. Before using this service, please read the entire Smart Custom Service User Agreement in its whole sentence and latest version.
Definition
- 'The Service' is Smart Custom Service. The Service is provided through Smart Custom Application to a specific range of models (the 'Models') selected by SoftBank Mobile Corp. ('SoftBank Mobile'), which models are SoftBank models and other operators models used for their telecommunications services. The Service allows you to get and install Packages in your handset and let you install applications and customize wallpaper, widgets, ringtones and other options as such.
- 'Android™ applications' are pieces of software that can run on the Android Platform.
Scope of agreement
- SoftBank Mobile offers the Service in accordance with General Conditions for 3G & 4G Communication Service Contracts, Smart Custom Service User Agreement (the 'User Agreement'), and User Agreement for web service (collectively the ?Agreements?). Before using the service, please read the Agreements and agree to the User Agreement. By using the service, you are deemed to have agreed to the Agreements.
- SoftBank Mobile may change the Agreements without any advance notice to you. By using the Service, you are deemed to have agreed to updated terms of conditions of the Agreements.
Service environment
- To use the Service, your S! Basic Pack or similar service subscription is required.
- When you use the Service, charge accrues to you from communications service.
- Android applications that are installed via the Service may ask your user registration as required by their terms and conditions and in ways set fourth in the applications by content providers.
- The availability of the Service is restricted to the models only.
- If your handset has a web filtering service, for example Yahoo! Kids, Limited web service and Limited web service (low), all or part of the service many be unavailable on your handset.
- You may use the Service while roaming overseas. (Note that using the service overseas will incur the high data charge.)
- The following may affect availability of the Service on the models: signal level (out of service areas, weak signal, no data service, off power and so on), terms of conditions of your 3G or 4G service contract with SoftBank Mobile, and setting options turned on.
- You may not use the Service in the events below. SoftBank Mobile shall not have any liability whatsoever for damages you may suffer for not being able to use the service, however caused.
- Periodical and irregular downtime for SoftBank network/system maintenance and any other as such or malfunctions and problems
- Problems, damages, or other conditions in this Application making the Service unavailable
- Some other unavoidable events making the Service unavailable
- You accept that this Application runs only on versions of the Android platform that SoftBank Mobile lists in the SoftBank Mobile web site. If the Android platform of the models is updated with a version not listed in the SoftBank Mobile web site, this Application may not be able to be used.
Changed, suspended, and discontinued service
SoftBank Mobile may change content of the Service without advance notice. If SoftBank Mobile determines that the Service can not be offered, SoftBank Mobile may change, suspend, or discontinue all or part of the Service without acknowledgement from you. You agree that SoftBank Mobile shall not have any liability whatsoever for damages arising from such change, suspension or discontinuation that you and other third parties may suffer.
Copyright and other right
- Intellectual property rights and other rights of copyrighted materials (texts, drawings, videos, characters, audio, software, data and other copyrighted pieces and any other such materials) relevant to the Service are reserved by SoftBank Mobile, content providers, other third parties and any other such parties (the ?Copyright Owners?) and protected by the copyright laws and other laws. In no case except as and to the extent permitted by the copyright laws with copying, referencing and any other act as such for private use, you may not copy, reproduce, reissue, post, distribute, transmit to the public, or reverse engineer the copyrighted materials or make any other attempt as such without permission from the copyright owners.
- Intellectual property rights and other rights of copyrighted materials that are part of Packages, Packages Android applications, content and the like (the Content) you may obtain through Smart Custom belong to the Copyright Owners. You agree that no copyright and no other right as such will be transferred to you.
- You may be asked to compensate for all damages, losses and expenses (including legal fees).
Damage
If SoftBank Mobile suffers damages caused by your acts that are not permitted by the Agreements or the laws, SoftBank Mobile may claim damages against you.
Exclusion
- SoftBnak Mobile does not either explicitly or implicitly warrant or endorse completeness, accuracy, validity or any other aspects of such.
- You agree to use the Service at your sole risk and that SoftBank Mobile shall not have any liability to you whatsoever for damages that you may suffer for using or not using the service.
- You accept that SoftBank Mobile shall not have any liability to you whatsoever for damages for use of certain third party web sites linked from or to Smart Custom Application.
- You accept that SoftBank Mobile shall not have any liability to you whatsoever for delayed, updated, suspended or discontinued offering of the Service, loss of data and such provided through the Service, and any other damage you may suffer in relation to the Service, however caused.
- You accept that you handle problems and damages between parties arising from transferring or reselling a handset to which the Service is made available. SoftBank Mobile shall not have any liability whatsoever for damages and any other as such for transferring or reselling the handset.
Privacy policy
Your personal information provided through the Service is treated in accordance with SoftBank Mobile?s Privacy Policy posted at the SoftBank Mobile website.
Governing law and jurisdiction
- The User License Agreement will be governed by the laws of Japan.
- Any conflict between you and SoftBank Mobile arising in relation with this Agreement shall be submitted to the Tokyo District Court as the exclusive agreement jurisdictional court of first instance.
Find out SoftBank Mobile's privacy policy.
August, 2014
SoftBank Mobile Corp.