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1.1 These terms of use (the “Terms”) apply to the use of the Machi No Uwasa mobile app (the “App”) and the website owned by Stefan Humm (the “Website”; App and Website together also the “Services”) by you (the “User”, “you”, “your”). The Services are provided by Stefan Humm (“we”, ”us”).
1.2 The App enables you to write small messages or upload photos and share it within your city with other people. The user is anonymous but still needs to register in order to participate in the app. Users can post comments under other users posts and can upvote or downvote every post or comment in order to emphasize which post or comment the users liked or disliked. The services provided in the App are consisting of interactive functions that give users, in particular, the ability to post content, including, but not limited to, text, pictures and videos. For more information about the App please visit the Website. Some features of the App might also be accessible via the Website (in particular checking out posts of other App user without using an App account).
2.1 In order to use the App you must accept these Terms when you first open the App. By accepting the Terms in the App (in general by clicking on a respective button) the user submits an offer to conclude a contract for the use of the App (the “Contract”). We accept this offer of the user by providing the corresponding App services to the user. We are, however, not obliged to conclude a respective Contract with a user.
2.2 Only users that are older than 16 years of age may register for and use the App. You will be asked to verify your age in the registration process in the App. If you are under 16, you are not allowed to use the App. In addition, the use of the Services is only allowed (i) for users that are consumers, and (ii) for non-commercial purposes.
2.3 The use of the Services is free of charge for you.
3.1 Upon conclusion of the Contract (see above section 2.1), we grant to you - subject to the limitations set forth in these Terms (see in particular sections 4 and 6 below) - a limited, non-exclusive, non-transferable, non-sub-licensable, right to use the App for the intended purposes of the App and for the duration of the Contract, limited, however, to an only personal and non-commercial use of the App.
3.2 You allow us to use the content that you post in the App (“User Generated Content”) (in particular content that is protected by intellectual property rights) in order for us to provide you with the respective App services in the App (in this context and for such purposes we are, in particular, allowed to host, use, distribute, modify, perform, reproduce, copy, publicly perform or display, translate and create derivative works of the User Generated Content (such types of use together the “Use Rights”)). The license in the aforementioned sentence is granted to us cost free and for the purpose of providing you with the App services.
3.3 We may also use the User Generated Content on our social media pages (e.g. Facebook) and /or use them in (connection with) other publications of us (e.g. books) that we might produce and distribute without any further consideration owed to you. Also in such cases and for such purposes we shall have the corresponding Use Rights.
3.4 If and to the extent the Websites also provide the User (in the future) with the possibility to post content on the Websites similar to User Generated Content (such content also the “Website User Generated Content”), then the aforementioned granting of rights in favor of our service as set forth in section 3.2 above shall apply mutatis mutandis to such Website User Generated Content. If and to the extent the Websites also provide the User (in the future) with the possibility to post Website User Generated Content, then the aforementioned granting of rights in favor of our service as set forth in section 3.3 above shall apply mutatis mutandis to such Website User Generated Content.
4.1 You may only use the Services and the services provided in the App and on the Websites for the intended purposes of the Services, including but not limited to sharing information and engaging with other users. Any other use of the Services that is not explicitly granted to you in these Terms is (i) not allowed, and (ii) with regard to the App not covered by the license granted to you in section 3.1. In particular, you shall comply at all times with the restrictions of use and the obligations set forth in sections 4.2 to 4.3 and 6.
4.2 The User undertakes to not post in the App and/or on the Websites:
4.3 With regard to the Services the User undertakes to not:
5.1 You are responsible for the posts that are created by you or via your device. We cannot guarantee that all Third Party Content is true and accurate. We, in general, do not (proactively) check whether the content posted by a user is (i) true and accurate, and/or (ii) in violation of the applicable laws.
5.2 In order to prevent that your device and/or your App account is compromised by third parties (e.g. through malware) you shall take all reasonable safety measures, in particular, you shall install without undue delay the most recent updates regarding (i) your device (in particular updates of the devices’ operating system), and (ii) the App.
5.3 If you become aware of any security gaps regarding the Services or material violations of these Terms by other users we are very thankful and happy if you notify our support team (using the in-app form or the form on the Websites).
6.1 The “Services Contents” are our property or the property of the respective licensor and are protected under copyright law, trademark law and/or other statutes protecting intellectual property (“Services Contents” in the meaning of these terms shall include all elements of the Services, i.e. data and material including images, graphics, illustrations, designs, symbols, photos, texts and other depictions with the exclusion of User Generated Content, Website User Generated Content and Third Party Content).
6.2 Any kind of use and/or reproduction of the Services Contents without our explicit prior consent is a violation of the applicable law and prohibited under these Terms.
7.1. Insofar as technically possible and economically reasonable, we strive to make the Services available at all times. However, we assume no guarantee of availability. Use can be temporarily limited if necessary due to capacity constraints, for reasons of security or system integrity or to perform technical maintenance and in order to provide proper and/or better services. In such cases Machi No Uwasa will take the Customers’ legitimate interests into account, e.g. by informing them ahead of time (if possible).
The App shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use the App, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.
Users agree to indemnify and hold the App and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of the user's use of the App, the user's violation of this Agreement, or the user's violation of any rights of another.
Insofar as the Services contain links and references to third parties, especially third party websites, we have no influence on the current and future design and contents of the linked websites and can therefore assume no liability. The use of these contents provided by third parties is at your own risk. Should you find that we have linked or otherwise referred to sites with illegal or questionable content, please notify us so that we can delete the link as quickly as possible.
We collect, process and use personal data insofar as is necessary in accordance with our Privacy Policy.
The App reserves the right to terminate or suspend any user's access to the App, without notice, for any reason or no reason. The App may also remove any user content from the App at any time, without notice, for any reason or no reason.
For complaints, feedback or questions regarding the Services, please contact our support team (see contact info on the Websites or in the App).
The App reserves the right to modify this Agreement at any time, without notice. Users are responsible for reviewing this Agreement periodically to ensure compliance with the most current version.
This Agreement shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of law provisions.
This Agreement constitutes the entire agreement between the user and the App with respect to the use of the App and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the user and the App.
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