Terms of Use for Meet Source

Article 1. General Provisions and Scope of Application

These Terms of Use for Meet Source (“Terms of Use”) shall apply to any and all use of the online application (“App(s)”) source code sales website called “Meet Source”(“Services”), which is provided by i3DESIGN Co., Ltd. (“Company”)

Article 2. Definitions

For the purpose of these Terms and Use, the following terms shall have the meanings defined below:

  • (1) “User(s)”:
    means any individual, company, or organization (including Sellers and Purchasers) that uses the Services with a user registration under Article 5, after agreeing to these Terms and Use.
  • (2) “Seller(s)”:
    means any individual, company, or organization that grants others a license for App source codes through the Services; provided, that the Seller must have a copyright in, or is entitled to grant a license for, the source code regarding which the Seller grants a license (the act of granting a license shall be hereinafter also referred to as “sell” in these Terms of Use).
  • (3) “Purchaser(s)”:
    means any individual, company, or organization that receives a license for App source codes sold on the Services (the act of receiving a license shall hereinafter also be referred to as “purchase” in these Terms of Use).
  • (4) “Sublicense”:
    shall mean a licensee’s act of granting to any third party a license which has been granted to the licensee by a licensor through the Services. Within the Services, the Sellers will be authorizing the Purchasers to develop new App(s) with the use of the purchased source codes.
  • (5) “Single License”:
    means a license for an App source code which is granted on the condition that only one (1) App may be developed with the use of such source code.
  • (6) “Multi License”:
    means a license for an App source code which is granted without any restriction on the number of Apps that can be developed with the use of such source code; provided, however, that the Purchasers are not authorized to provide any third party with, share with any third party, or sell to any third party, such source code without altering such source code.
Article 3. Revision of Terms of Use
  1. The Company may revise these Terms of Use without the Users’ approval.
  2. Any revision of these Terms of Use under the immediately preceding Paragraph shall come into effect when the revised Terms of Use are posted on a website of the Services. If the Users continue to use the Services after the revision or fail to terminate their user registration within two (2) weeks from the revision, the User shall be deemed to have agreed to the revision of these Terms of Use.
Article 4. Notice from Company
  1. The Company shall notify the Users from time to time of necessary matters by posting the same on a website of the Services, via emails, or through such other means as the Company deems appropriate. Such notice shall come into effect upon being posted on the website or upon dispatch.
  2. The Company may send emails regarding services maintenance information and/or advertisements to the Users’ registered mail addresses.
Article 5. User Registration
  1. The User may apply for user registration by agreeing to comply with these Terms of Use and transmitting true, accurate, and updated information regarding matters designated by the Company (“Registered Information”) from the website of the Services.
  2. The application for user registration must be made by the individual, company or organization that will be using the Services, and no application may be made by agents.
  3. The Company shall, in accordance with the Company’s standards, determine whether or not to accept the registration application by the applicant, and, if the Company determines that it will accept the registration application, shall notify the applicant accordingly via email. The user registration shall be completed upon such notice.
  4. The Company may reject use of the Services by the User if:
    • (a) There is a false statement, clerical error, or omission in all or part of the Registered Information which has been provided to the Company by the User;
    • (b) As at the time of use of the Services, the use of the Services by the User is or has already been suspended by deletion of a user account or otherwise;
    • (c) The User is a minor, an adult ward, or a person under curatorship or assistance, and has not obtained the consent, etc., of his/her statutory agent, guardian, curator, or assistant;
    • (d) The Company deems that the User is an organized crime group (boryokudan), an organized crime group member, a quasi-organized crime group member, an organized crime group-associated company, a corporate extortionist (sokaiya), a rogue person or group proclaiming itself as a social activist (shakai undo hyobo goro), a rogue person or group proclaiming itself as a political activist (seiji undo hyobo goro), a special intellectual violent organization (tokushu chino boryoku shudan), or any other anti-social force (“Anti-social Forces”); or has a relationship with or is affiliated with Anti-social Forces in any way, including by cooperating or being involved with the maintenance, operation or management of the Anti-Social Forces through provision of money or otherwise; or
    • (e) The Company otherwise deems that the registration of the User is inappropriate.
Article 6. Change in Registered Information
  1. In the event of any change in the Registered Information, the User shall promptly notify the Company of matter(s) subject to such change by means as designated by the Company.
  2. In the event that any notice by the Company fails to arrive to the User due to the User having failed to notify the Company of the relevant change pursuant to the immediately preceding Paragraph, the Company’s notice shall be deemed to have arrived at the time when it should normally have arrived. In such event, the Company shall not be responsible for any disadvantage which may be caused to the User.
Article 7. Prohibited Actions
  1. In using the Services, the User shall not engage in any of the following acts:
    • (a) Any act which is or is likely to be in violation of, or facilitating violation of, laws and ordinances;
    • (b) Act of infringing upon intellectual property rights, likeness rights, privacy rights, reputation or any other rights or interests of the Company, other Users of the Services, or any other third party (including any act which directly or indirectly causes such infringement)
    • (c) Act of storing or transmitting information which contains computer viruses or any other harmful computer program;
    • (d) Act of transmitting unwanted messages such as junk e-mails, spam e-mails, e-chain mails, or solicitations or advertisements;
    • (e) Act of intentionally publishing or posting false data, etc.;
    • (f) Act of using the Services for the purpose of collecting personal information;
    • (g) Act of unjustly accessing, without authorization, general systems which are connected to the Services, or any act which otherwise causes damage to the Company;
    • (h) Act of impersonating other Users or any third party;
    • (i) Act of authorizing any person to directly or indirectly access or use the Services in any way which would circumvent contractual restriction for use of the same;
    • (j) Act which interferes with, or which is deemed by the Company to be likely to interfere with, the operation of the Services;
    • (k) Act of accessing the Services for the purpose of developing any competitive product or services;
    • (l) Any other act which is deemed to be inappropriate by the Company.
  2. If the User engages in, or the Company determines that the User is likely to be engaging in, any of the foregoing acts, the Company may suspend the user account of such User.
  3. The User warrants to the Company that the User does not and will not infringe upon any intellectual property right or any other right of the Company or any third party. Should any dispute arises with regard to infringement upon intellectual property rights or other rights of the Company or any third party, the User shall immediately notify the Company accordingly in writing, and shall resolve such dispute at its risk and cost and at no costs to the Company, without causing any damage to the Company.
Article 8. Management of Passwords and User IDs
  1. The User may not lease, assign or sell to any third party or purchase from any third party, any password or user ID, and may not change the name of a holder of any password or user ID. If it is confirmed that the entered password matches the entered user ID, the Company shall deem that the Services are being used by the User who holds such password and user ID.
  2. The Users shall be responsible for any damage caused by, without limitation, improper management, erroneous use, or third party use of their password or user ID, and the Company shall not be responsible for the same.
  3. If the Users finds that their password or user ID has been used by a third party due to theft or otherwise, the User shall immediately notify the Company accordingly and follow the directions given by the Company.
Article 9. Terms and Conditions for Sale of Source Codes
  1. In selling the source codes, the Seller shall consent to, and agree to be responsible for, the following terms and conditions; if the Company finds that the Seller is engaging in any act in violation of any of the following terms and conditions, the Company shall immediately suspend the Seller’s user account and discontinue payment to the Seller without refunding any deposit which has been paid by the Seller:
    • (a) The Seller agrees that the Registered Information may be published online;
    • (b) For the purpose of selling the source codes on the Services, the Seller agrees that the Company may duplicate, store and distribute the source codes;
    • (c) The Seller warrants that the Seller is an individual, or a representative of a company or organization, that has a copyright in, or an authorized right to grant a license for, the source code(s), and has not obtained such source code(s) by any unauthorized means such as intellectual property right infringement or theft;
    • (d) If any open source software is included in the source code, the Seller shall clearly indicates such fact as well as licensing conditions for such open source software;
    • (e) The Seller warrants that the Seller has not engaged in any act which falls under any of the acts listed in item of Article 7, Paragraph 1.
    • (f) The Seller shall not register on the Services any malicious source code which may cause damage or loss to the Company, the Purchasers or any third party;
    • (g) If any problem arises between the Seller and the Purchaser or a third party, the Seller shall report the same to the Company, and shall consult with the Purchaser or the third party to resolve the same;
    • (h) The Seller agrees that the sales prices for the source codes are inclusive of 30% sales fees and that the Seller will pay the 30% sales fees to the Company;
    • (i) The Seller shall grant a license for the source codes within the scope of license as set forth in Article 11;
    • (j) The Seller shall authorize the Company to receive, store and remit the sales proceeds of the source codes, and shall agree that, upon the licensee’s payment of the sales proceeds to the Company, the licensor’s claim for such sales proceeds against such licensee shall be extinguished.
  2. Sales proceeds shall be paid to the Sellers through PayPal or Bank Transfer in the amount of the sales price less any sales fees in the following events:
    • (a) Any event in which the sale (exclusive of sales fees) of USD 100 or more has been recorded for PayPal, or USD 500 or more for bank transfer; or
    • (b) Quarterly settlement of account.
Article 10. Terms and Conditions for Purchase of Source Code
  1. In purchasing the source codes, the Purchaser shall consent to, and agree to be responsible for, the following terms and conditions; if the Company finds that the Purchaser is engaging in any act in violation of the following terms and conditions, the Company shall immediately suspend the Purchaser’s user account:
    • (a) Any purchase of source codes by the Purchaser shall be made after the Purchaser has agreed to the Sales Conditions as defined in Article 11, Paragraph 2, and at the risks of the Purchaser;
    • (b) The Purchaser shall use the source codes in accordance with Article 11, and shall not use the same for any purpose or in any manner which would infringe upon the Seller’s rights;
    • (c) The Purchaser shall not intentionally engage in any act which would damage the reputation of the Seller;
    • (d) The Purchaser agrees that the sales price are inclusive of 8% consumption tax, and that payments of the sales price are made through PayPal.
  2. After making payment through PayPal, the Purchaser may obtain the source codes by pressing the “download” button displayed on the website for the Services, and thereupon the purchase transaction shall be completed.
  3. If there is any problem in the purchased source code, the Purchaser shall report the same to the Company and shall consult with the Seller to resolve the same.
Article 11. Scope of License for Source Code
  1. Any ownership, intellectual property rights and the like in the source codes shall belong to the Sellers. The Company shall not have any right to own or use the source codes, and shall not be responsible for the quality, safety, and/or lawfulness of the source codes. In no event shall any purchase or sale of the source codes through the Services be deemed to constitute assignment of the ownership, intellectual rights, or the like in the source codes.
  2. Purchase and sale of the source codes shall be carried out in accordance with the conditions of use of the license (including, without limitation, whether or not the license is the Single License or the Multi License), and the prices which are displayed on the website for the Services (such conditions and prices are hereinafter collectively referred to as the “Sales Conditions”). The Sales Conditions shall be determined by the Sellers, and is subject to change. If any of the Sales Conditions displayed on the website is changed after the purchase, the Sales Conditions at the time of purchase shall apply, in principle.
  3. The Seller authorizes the Purchasers to Sublicense the Apps and the materials constituting the Apps.
  4. The Purchaser shall use the source codes only within the scope of the Sales Conditions, and shall not infringe upon any right of the Seller. If any doubt or issue arises with regard to any rights in the source codes, the Purchaser and the Seller shall consult with each other in resolving the same.
Article 12. Unsubscribing
  1. The User may unsubscribe from the Services at any time by following the procedures written on the unsubscribe screen.
  2. Even after unsubscribing from the Services, the User shall not be exempt from any of its liability for damage or other obligations or liabilities hereunder to the Company, the Purchasers, the Sellers or any third party. The license for the source codes which are sold or purchased on the Services shall also remain in effect even after the Purchaser or Seller unsubscribes from the Services.
  3. If the User who has unsubscribed from the Services wishes to subscribe to the Services once again, the User needs to once again carry out registration and subscription procedures for use of the Services. The User shall agree, in advance, that after the reregistration, no data regarding the User’s prior use of the Services shall be migrated over to the User’s new user account.
Article 13. Suspension of Use
  1. If it is discovered that any of the following events applies to the User, the Company may, at its discretion, suspend the use of the Services by such User:
    • (a) The User violates any provision of these Terms of Use;
    • (b) The Company deems that suspension is necessary for the operation, maintenance, or management of the Services;
    • (c) The User is found to have abused the Company’s prescribed payment method;
    • (d) The payment made by the User is suspended or deemed to be invalid by the settlement service company for the Company’s prescribed payment method;
    • (e) The User is a minor and has used the Service without the authorization of his/her statutory agent;
    • (f) The User is an adult ward, a person under curatorship, or a person under assistance, and has used the Services without authorization of his/her guardian, curator, or assistance;
    • (g) The User has deceased or received a ruling for the commencement of guardianship, commencement of curatorship or commencement of assistance;
    • (h) The User has engaged in any act which falls under any of the acts listed in Article 7, Paragraph 1;
    • (i) Any item of Article 15, Paragraph 1 applies to the User; or
    • (j) The Company otherwise determines that there is any reason equivalent to any of the foregoing.
  2. In the event that the User who is subject to suspension of use of the Services fails to mend the grounds for such suspension within the period prescribed by the Company despite the Company’s demand to mend the same, the Company may cause the User to unsubscribe from the Services.
  3. Notwithstanding Paragraph 2, the Company may immediately cancel provision of the Services if any event listed in Paragraph 1 applies to the User and the Company deems that the Company’s business operation would be disrupted thereby.
  4. Even after unsubscribing from the Services, such User shall not be exempt from any of its contractual obligations, payment obligations, or liability for damage or other liabilities to the Company, the Sellers, the Purchasers, or any other third party.
  5. Even after deletion of a user account of the User, the Company may retain the Registration Information and source code(s) of such User and may use the same for resolution of problems.
Article 14. Change, Discontinuance, Suspension, Addition and Abolition, etc. of Services
  1. The Company may, at its discretion, change, abolish, or suspend its provision of all or part of the Services. In such event, the Company shall notify the User accordingly by such way as the Company deems appropriate; provided, however, that, in the event of emergency, the Company may omit notice to the Users.
  2. If any of the following events applies, the Company may temporarily discontinue all or part of the Services without prior notice to the Users:
    • (a) Regular or emergency maintenance and/or repair on equipment such as hardware, software and telecommunication devices;
    • (b) Telecommunication carriers’ failure to provide their services;
    • (c) Difficulty in provision of the Services due to acts of God or any other force majeure event;
    • (d) Difficulty in provision of the Services due to fire, power outage, or other unforeseen accident;
    • (e) Difficulty in provision of the Services due to war, dispute, civil commotion, riot, or labor dispute; or
    • (f) Any event that the Company otherwise deems that such discontinuance is necessary for any reason equivalent to any of the foregoing.
Article 15. Exclusion of Anti-social Forces
  1. If any of the following events applies to the User, the Company may terminate these Terms of Use without notice; in such event, the User may not claim for any damage or warranty from the Company, and shall compensate the Company for any damage which may be caused to the Company thereby:
    • (a) The User is or has been a member of any Anti-social Forces;
    • (b) The User engages in any act which uses fraudulent means, violent acts, threatening words or the like against the Company, either by itself or through any third party;
    • (c) The User engages in any acts such as notifying others that the User is an Anti-social Forces or an organization or person affiliated with the Anti-social Forces; or
    • (d) The User obstructs, or engages in any act which is likely to obstruct the operation of the Company, either by itself or through any third party.
  2. The Company shall not be responsible for, or liable to compensate for, any damage which may be caused to the User due to termination of these Terms of Use pursuant to the immediately preceding Paragraph.
Article 16. Ownership of Intellectual Property Rights
  1. All ownership and intellectual property rights in or to the Services shall belong to the Company or the person who grants a license to the Company, and in no event shall a license to use the Services as set forth in these Terms of Use constitute a license to use any intellectual property right in the Services which is held by the Company or the person who grants a license to the Services. The User shall not for any reason engage in any act which is likely to infringe upon the intellectual property rights of the Company or any person who grants a license to the Company (including, without limitation, act of disassembling, decompiling, or reverse engineering).
  2. Trademarks, logos, service marks and the like (hereinafter collectively, the “Trademarks”) which may be displayed on the Services shall not in any way be assigned or licensed to the User or any third party.
Article 17. Compensation for Damage

If any damage (including consequential damage) is caused to the Company in connection with the Services due to the User’s violation of these Terms of Use, the User shall be liable to compensate the Company for the same.

Article 18. Disclaimer of Warranties and Limitation of Liability
  1. As a general rule, the Company shall not be involved in communications made between the Users or activities carried out by the Users. Any dispute or problem arising between the Users shall be resolved by the Users at their risks and costs, and the Company shall not be involved with the same in any way.
  2. The Company does not make any warranty regarding performance of source codes which are provided by the Sellers.
  3. Even in the event that the Company is liable to compensate the User for damage, the Company shall be liable only for direct and ordinary damage, and the amount of damage shall not exceed 30% of the total amount of the sales price of the source code(s) which have been purchased by the User in a one-month period prior to the time of occurrence of the cause of such damage.
Article 19. Effective Term

These Terms of Use shall remain in effect between the Company and the User throughout the term of provision of the Services (i.e., from the date on which the registration for use of the Services is completed in accordance with Article 5, to the date on which the User unsubscribes from the Services or the date on which the User’s user account is deleted).

Article 20. Assignment, etc.

The User may not, without the Company’s prior written approval, assign to any third party (including by way of universal succession in the event of merger, demerger, and the like), or use as security, all or any part of its contractual status or its rights under these Terms of Use.

Article 21. Governing Law and Jurisdiction

These Terms of Use shall be governed by the laws of Japan, and any and all dispute arising from or in connection with these Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.



Supplementary Provision

1. Date of Commencement of Application
These Terms of Use shall come into effect on March 26, 2015. In the event of amendment to these Terms of Use, the new Terms of Use shall apply from the date on which the amended version is published in accordance with Article 3.