Terms of Use

These terms of use (“Terms of Use”) govern the use of features of the 7notes application that enables 7notes users (“User” or “you”) to make User’s handwritten memos public (the “Feature”) provided by 7knowledge International Corporation (“we” or “us”).

Please read these Terms of Use carefully before using the Feature, because they affect your legal rights and obligations. If you do not agree with any of these Terms of Use please do not use the Feature. By using this Feature, you will be deemed to have agreed to these Terms of Use.

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms of Use at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Such modification, alteration or update (“Modifications”) shall be effective immediately the modified Terms of Use are posted. If the Modifications constitute a material change to these Terms of Use, we will notify you by posting a notice to that effect on our web site. What constitutes a "material change" will be determined at our sole discretion, in good faith and using reasonable judgment. Your continued use of the Feature will be deemed to be irrevocable acceptance of any modification, alteration or update of these Terms of Use.

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms of Use at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Such modification, alteration or update (“Modifications”) shall be effective immediately the modified Terms of Use are posted. If the Modifications constitute a material change to these Terms of Use, we will notify you by posting a notice to that effect on our web site. What constitutes a "material change" will be determined at our sole discretion, in good faith and using reasonable judgment. Your continued use of the Feature will be deemed to be irrevocable acceptance of any modification, alteration or update of these Terms of Use.

We also reserve the right, in our sole discretion, to modify or terminate the Feature for any reason, without notice to the Users at any time, and to deny anyone access to the Feature for any reason, including for any violation of any of these Terms of Use, at any time.

1 You are solely responsible for your use of the Feature and any data, text, information, graphics, and other content that you submit, post, and display on any website by using the Feature (the "Content").You agree to comply with all applicable laws (including but not limited to copyright laws and laws regarding online conduct and acceptable content), rules and regulations.

2 You represent and warrant that: (i) you own the Content posted by you using the Feature or otherwise have the legitimate authority to assign, waive or grant ownership and/or other rights to the Content pursuant to Section 3, (ii) the posting and use of the Content using the Feature does not violate privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of the Content using the Feature does not result in a breach of contract between you and any third party. You agree to pay for all royalties, fees, and any other monies owe to any person by reason of the Content you post using the Feature.

3 By posting any Content using the Feature, you hereby irrevocably assign any and all rights to the Content (including but not limited to ownership rights, copyrights and any other proprietary or intellectual property rights) to us and agree not to exercise any moral rights relating to the Content against us or any other third party. If the applicable laws do not allow full assignment of the abovementioned rights to us, you shall, to the extent permitted under the applicable laws, take the necessary measures to have the rights to the Content vested in us, and waive and/or grant the necessary rights to the Content to allow us to use, and to grant a license to other Users to use the Content you posted using the Feature pursuant to the provisions of these Terms of Use without any restriction. You understand and acknowledge that we perform the technical functions necessary to offer the Feature, including but not limited to transcoding and/or reformatting the Content to allow it to be used by the Users.

4 We hereby grant you a non-exclusive, limited, revocable, non-sublicensable, royalty-free, worldwide right to use, modify, delete from, add to, publicly display, reproduce and translate the Content, including without limitation distributing part or all of the Content in any media format through any media channel.

5 You understand and acknowledge that the Contents posted by you using the Feature will be made public and any person other than the intended recipient of such Contents may see, use or modify such Contents and that we will not be liable to you for any User’s use, modification or deletion of all or a part of the Content posted by you regardless of the cause.

6 You understand and acknowledge that we may also use the Contents posted by you using the Feature[, your personal data] and other personally non-identifiable information collected in connection with the Feature to help us improve the content and functionality of the Feature[, to better understand our Users] and to improve our software.  Your personal information will be treated in accordance with our Privacy Policy. Please refer to our Privacy Policy.

7 Prohibited Conduct

8 Violation of any of these Terms of Use will result in a denial of your access to the Feature and/or termination of your account. We may, but have no obligation to, remove Content containing content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or violates any party's intellectual property or these Terms of Use. While we prohibit any conduct by Users specified in Section 5, and the abovementioned content, you understand and agree that we cannot be responsible for Content posted using the feature and you nonetheless may be exposed to offensive materials and the like, and that you use the Feature at your own risk.

9 Some of the services provided by us are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertising and promotions on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without notice to you.

10 You understand and acknowledge that there will be occasions when the Feature will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications lines and equipment that are beyond our control.

11 You understand and acknowledge that we will not be liable to you for any modification, suspension, or discontinuation of the Feature, or the loss of any Content regardless of the cause and that the Feature is not a backup service. Although we will normally only delete Content that violates these Terms of Use or otherwise as set forth in Section 6, we reserve the right to delete any Content for any reason, without prior notice. Deleted Content may be stored by us in order to comply with applicable laws but such Content may not be retrieved without a valid court or administrative order. You understand and acknowledge that you are responsible for maintaining your own backup of your device and your Content, and that you fail to do so at your own risk.

12 The Feature and any information on our website is provided on an “as is” basis and without warranties of any kind, either expressed or implied, including all warranties of merchantability and fitness for a particular purpose. We make no representations or warranties about the accuracy, completeness, or suitability of any of the Feature, the information, or the material on our website. We make no warranty that the Feature will be available error-free, or free of viruses or other harmful components. The foregoing also applies to any information on any websites hyperlinked to or from our website. Such links are provided for your reference only. We do not control such third party sites and are not responsible for the content of or any products or services offered on those sites. The material on such third party sites could contain inaccuracies or be outdated.

13 In no event will we be liable to any person for any damages of any kind, including without limitation direct or indirect, special, incidental, or consequential damages, losses, or expenses arising out of or in connection with the Feature or our website or inability to use it by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, even if we, or our representatives, are advised of the possibility of such damages, losses, or expenses.

14 You agree to indemnify, defend, and hold harmless, us, our subsidiaries and other affiliated companies, their officers, directors, employees, agents, licensors, suppliers, and any third-party information providers in connection with the Feature from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

15 The failure of us to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

16 Any information that you provide using the Feature is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Feature you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to any country for storage, processing, and use by us.

17 By using the Feature, you agree that the laws of Japan, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us.

18 All claims, legal proceedings, or litigation arising in connection with the Feature will be submitted solely to the Tokyo District Court, Japan, and you consent to the jurisdiction of and venue therein and waive any objection as to inconvenient forum.

2011.07.15