Last Updated: Sep 15, 2019
Effective: Sep 15, 2019
By using our Services, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please log out and cease any use of our Services. We only agree to provide use of the Services to you if you assent to this Agreement. By using our Services, you are agreeing that any disputes between you and the company will be resolved by arbitration. such arbitration will be binding. you are hereby waiving your right to a trial or class action. further information can be found below.
Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
Description of Service
Our Services are a reminder application from Ankercast Inc. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. We disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Service. We also reserve the right to modify, suspend, or discontinue the Service, with or without notice at any time and without any liability to you.
The Service is made available to you for your personal use only. You must be at least sixteen (16) years of age to use this Service. You are responsible for maintaining the confidentiality of your Service password and account, as well as for all activities that occur thereunder. We reserve the right to refuse service to anyone at any time, without notice and for any reason.
You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Service is subject to your acceptance of, and compliance with the Agreement. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not agree to, nor authorize or encourage any third party to: (i) use the Service to upload any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene or is otherwise objectionable as reasonably determined by us; (ii) upload content that infringes upon another party's intellectual property rights or other proprietary, contractual, or fiduciary rights or obligations; (iii) prevent others from using the Service; or (iv) use the Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement. We reserves the right, but shall have no obligation, to investigate your use of the Service in order to determine whether a violation of the Agreement has occurred, or to comply with any applicable law, regulation, legal process or governmental request.
Content of the Service
We reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. We also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of our Services, its users and the public. We will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
Data Loss & Downtime
We may need to interrupt your access to our host server to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to our host server may be affected by anticipated, unanticipated, scheduled, and/or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime. While we attempt to maintain the safety and security of the Services according to industry standards, no transmission of data via the Internet is completely secure. Thus, you agree that your use of our Services at your own risk.
Intellectual Property Rights
You acknowledge that we own all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that all Services provided by us, are the property of Ankercast Inc., including all copyrights, trademarks, trade secrets, patents and other intellectual property, including, but not limited to, Ankercast Inc., any other trademarks or service marks found on our mobile application.
Your Intellectual Property Rights
We do not claim any ownership in any of the content that you create in your account. We will not use any of your content for any purpose except to provide you with the Service.
Representations and Warranties
You represent and warrant that (a) all of the information provided by you to us to participate in the Services is correct and current; and (b) you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
After a period of inactivity, whereby a user fails to login to an account for a period of 9 (nine) months, we reserve the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
You are strictly prohibited from using the Services for illegal spam activities, including gathering email addresses, phone numbers, or other personal information from others, and/or sending mass commercial communications.
You may delete your account and withdraw from using the Services, at any time. We may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any content in your account, although residual copies of information may remain in our system for a period of time.
You agree to hold harmless and indemnify us, and its officers, agents, and employees from and against any and all legal claims, losses, damages, suits, judgments, litigation costs, and attorneys' fees of every kind and nature which may arise from or relate to your use or misuse of the Services, your breach of this Agreement.
Limitation on Liability
We do not expressly or impliedly guarantee that the Services are free from de facto or legal flaws. We shall not be responsible for providing the Services without such defects. The compensation for ordinary damages in respect to our contractual default or act of tort due to our negligence shall be limited to the total amount of received fees from you in the particular calendar month in which such damages occurred. Any cause of action or claim you may have, arising out of or relating to this agreement, must be commenced within 1 (one) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Choice of Law; Jurisdiction
Where we have provided you with a translation of the Japanese language version of the Agreement (hereinafter referred to as"Japanese Version"), the Japanese Version will govern the relationship between you and us. In the event of a contradiction between the Japanese Version and a translation, the provisions in the Japanese Version shall take precedence over any other translation. The Agreement will be governed by the laws of Japan. Conflicts that arise from the Service or conflicts between you and us related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.