Terms of Services1>
Article 1 (Introduction)
All services provided by Increments, Inc. including "Qiita: Technical Information Sharing Site for Programmers" and "Kobito: Technical Information Recording Application for Programmers" are intended to be the services comfortable and helpful to programmers. The terms of service are as provided below, and a user shall be deemed to have consented "Terms of Service" (hereinafter referred to as "this Term") in using our service.
This Term is to define the usage conditions of "Qiita: Technical Information Sharing Site for Programmers" (hereinafter referred to as "Qiita") and "Kobito: Technical Information Recording Application for Programmers (hereinafter referred to as "Kobito") (hereinafter collectively referred to as "this Service") provided by Increments, Inc. (hereinafter referred to as "Increments") between the User of this Service (hereinafter referred to as "User") and Increments.
A User is required to agree with this Term in order to use this Service.
- Increments reserves the rights to change this Term without giving a prior notice. Any change in this Term shall supersede the former version and become effective as it is published in this Service.
Article 2 (Application)
- Users applying to this Service (hereinafter referred to as "applicants") are required to register for this Service before making an application and obtain QiitaID which is the ID to use this Service (hereinafter referred to as "User ID") and login password.
- Applicants are obligated to register own information (hereinafter referred to as "User information") upon registering for this Service as requested by Increments and shall agree to the followings concerning the User information.
- (1)A User shall maintain own User information latest, complete, and accurate after registering such information and immediately follow the modification procedure specified by Increments if there is any change in the User information. If the User information is inaccurate, Increments may suspend the use of this Service or disqualify the User without issuing demands to the User. A User disqualified from this Service shall accept disqualification from other services of Increments that can be used with the User ID without any argument.
Article 3 (Definition of User and Registration)
- "User" is an inclusive term for both registered User and guest User.
- "Registered User" is an individual who entered required data in the User registration form, submitted it, and received a qualification by Increments. This includes individuals who use services approved by Increments via external certification systems such as Twitter or GitHub.
- "Guest User" is an individual who uses services such as browse that are available without the User registration described in the previous article.
Article 4 (User Name and Password)
- A registered User shall be provided with a User ID and login password for each account. The User ID and password shall be managed on each User's responsibility.
- Any action taken using a User ID and login password shall be deemed as the action of the User who holds the User ID.
- Each registered User is allowed to have only one account. However, this shall not apply if there is a special permission issued by Increments.
- An e-mail address and other information registered to obtain a User ID and login password must be accurate and lawful.
- The User ID and login password are intended for individual use and prohibited from transferring or lending under any circumstances.
- If the User ID and login password are leaked to or used by a third party, contact Increments promptly. Note that Increments assumes no responsibility regarding any loss or damage involving the wrongful use of a User ID and login password caused by the User's action and accept no reliability thereof.
- If a User registered for this Service using an ID of external service in accordance with the paragraph 2 of Article 3, register and use the ID in accordance with the corresponding terms provided by the external service, and Increments assumes no responsibility for the contents.
Article 5 (Cancellation of User Qualification)
- If any of the following reasons is identified, Increments may decide to disqualify the User.
- (1)The User made a false entry to the application.
- (2)The User used the User ID and login password wrongfully.
- (3)The User used the information provided by this Service wrongfully.
- (4)The User was disqualified from our other service that is available using the User ID and login password.
- (5)The User acted against this Term.
- (6)Other cases in which Increments believes the User is inappropriate to use this Service.
- If a User is disqualified from this Service, the User shall accept disqualification from other services of Increments that can be used with the User ID without any argument.
Article 6 (Privacy)
Increments shall obtain the least information needed to provide this Service. Increments shall pay the utmost attention to the protection of privacy information obtained from Users.
Article 7 (Responsibilities of Users)
- A User is required to access internet to use this Service, and all the equipment, software, and communication means shall be appropriately prepared, installed, and operated on the User's responsibility and expense. Increments has no involvement in the User's access environment and assumes no responsibility for the preparation or operation.
- Any communication from Increments to registered Users shall be sent by e-mail to the registered e-mail addresses. Registered Users shall manage the registered e-mail address information properly so that e-mails from Increments can be received. If the e-mail address becomes unusable for any reason, the registered User must promptly and appropriately modify the registered e-mail address. The User shall be blamed for any disadvantage caused by the failure of receiving e-mails from Increments, and Increments assumes no responsibility thereof.
- Each User is responsible for all information disclosed by oneself in this Service including the text, code, snippet, voice, movie, image, and information or personal information accompanying to the image. Therefore, Increments assumes no responsibility for the contents of information disclosed by Users in this Service.
- If a User disgraced other person, violated privacy rights, violated copyright laws, or violated other rights of other person, the User must resolve the situation on own responsibility and expense, and Increments assumes no responsibility thereof.
- When a User experiences any disadvantage caused by the use of information or programs posted or commented in this Service by others or the User, the User shall be blamed for such disadvantage, and Increments assumes no responsibility thereof.
- If anyone claims that he/she is troubled by the information disclosed by a User, the User must resolve the situation on own responsibility and expense, and Increments assumes no responsibility thereof.
- In "Kobito," updating shall be done by each registered User using the application. The User shall be blamed for the neglect of updating and any disadvantage on the User during updating, and Increments assumes no responsibility thereof.
Article 8 (Prohibited Matters)
- Users are prohibited from taking any unlawful actions including the followings in using this Service.
- (1)Acts that violate intellectual properties such as copyright and patent right
- (2)Acts that invade privacy
- (3)Acts of defamation, insult, business interference
- (5)Start or solicit/operate pyramiding (pyramid scheme)
- (6)Acts that against laws related to the prevention of unauthorized access, unlawful operation to Increments's or other's computer including actions correspond to the crime of obstruction of business by damaging a computer (Panel code 234-2)
- (7)Other acts that involve with a crime or violates laws and regulations
- Users are prohibited from taking any socially inappropriate actions including the followings in using this Service.
- (1)Acts that may cause a crime including threat or instruction of a crime
- (2)Posting of discriminatory expression based on the race, ethnic group, religion, gender, social status, place of residence, physical characteristic, medical history, education, possession, or income etc.
- (3)Vulgar, harmful, indecent actions that are ethically problematic and disclosure of information that give people a feeling of repulsion. Disclosure of information of porn, prostitution, and adult-entertainment business, and contents involving such.
- (4)Acts that disturb public peace, harassing behaviors, mental abuse, acts that give psychological damage/economic damage to others without legitimate right
- (5)Acts of identifying oneself as a false individual, company, or organization, using the name of particular company or organization without authority, identifying oneself as a fictitious individual, company, or organization, stating the business partnership or cooperative relationship with other individual, company, or organization that is without foundation
- (6)Acts of using a service as a different person or falsifying information
- (7)Other acts that are offensive to public order and morals or considered as socially inappropriate
- Users are prohibited from taking any of the following inappropriate actions in using this Service.
- (1)Other acts of advertising/soliciting for exploitation or commercial purposes. However, this shall not apply if Increments stipulates separate provision in this Service.
- (2)Acts of sharing User ID, holding more than one account for one User without permission of Increments, or holding more subaccounts exceeding the number permitted by Increments
- (3)Acts of using User ID that gives people a feeling of repulsion or a false impression, or using User ID same as or similar to the generally-known name of a company, organization, or a product that may give a false impression
- (4)Acts of stealing, collecting, accumulating, changing, or using personal information of others and acts of fraudulently manipulating or changing own personal information or User information
- (5)Acts of closing the standard header, footer, advertisement, and copyright notice that we display by changing the page design within this Service without Increments's permission
- (6)Acts of diverting/sellout/resale of this Service without Increments's permission
- Users are prohibited from taking actions including the followings in using "Qiita" of this Service.
- (1)Acts of posting information that invade other people's copyrights, confidential information, and other rights
- (2)Acts of registering or posting for the purposes of advertisement, exploitation, and optimization of a search site
- Users are prohibited from taking actions including the followings in using "Kobito" of this Service.
- (1)Acts of posting information that invade other people's copyright and other rights
- (2)Acts of registering or posting for the purposes of advertisement, exploitation, and optimization of a search site
- Users are prohibited from taking actions that Increments considers inappropriate in addition to the above items.
Article 9 (Handling of Posted Material by User)
- Users shall, regarding the materials, comments, text data such as self-introduction in the public profile, and data accompanying the posted text such as images or movie/voice files (hereinafter referred to as "posted materials"), indicate and assure that he/she has a legitimate right to post or send materials and the posted contents would not invade any right of a third party.
- Users shall grants to Increments the right to use (include duplication, copy, modification, sublicense to a third party, and any other use) the posted materials without compensation. The scope of the license given from Users to Increments based on this section shall include sublicensing of use of posted materials to other Users through this Service. Particularly, Users shall grant other Users the license to commercially or personally use the program-like materials posted to this site such as codes or snippets, and other Users shall be licensed to use such materials. Accordingly, Users would be able to edit, modify, or duplicate the materials posted by other Users in this Service by the method defined by Increments. However, if the license of the source code is specified, contents of such license shall prevail.
- For the license described in the previous paragraph, regional limitation, copyright notice requirement, and other subsidiary conditions are not attached, and the term of the license given from Users to Increments shall continue as far as the intellectual property right of the posted material persists even after the User's qualification of using this Service is terminated.
- A third party entrusted by Increments may use or publish posted materials in a website of Increments or a third party. In that case, Increments may make modification to the posted materials including summarization, excerption, size change, and clipping. In addition, for the cases that Increments uses a posted material, Users shall agree that the User ID used to post or send the material or the registered contents may be presented.
- Increments shall assume no responsibility for damages arising in Users due to the use of posted materials by Increments, Users, or other third parties.
- Increments shall store posted materials at our own discretion freely and if Increments believes necessary, may remove or modify the posted materials in storage without obtaining an approval from the User posted the material. Users may not make any objection thereto.
Article 10 (Retention of Rights on Proposal)
- The copyright of posted material shall be handled as provided in each of the following paragraphs.
- (1)A User shall assure that he/she holds all patent right, trademark right, company secret, copyright, and other rights such as privacy rights including other property rights and personal information, and image right related to the contents recorded in materials posted by him-/herself, or all license, right, agreement, and permission to enable the uses of posted materials as provided in the item 3 of this paragraph through Increments. If by any chance a conflict arises between a User and third party, the User shall resolve the problem on own responsibility and expense and hold Increments harmless from any damage or trouble.
- (2)Users shall not and shall not let a third party exercise the rights provided in articles from 18 to 20 of Copyright Law to Increments or third parties designated by Increments.
- (3)Users and third parties reserve the rights provided in articles from 21 to 28 of Copyright Law. On that basis, in a non-exclusive manner, Users shall display, edit, duplicate, reprint, distribute, or communicate publicly the posted materials all over the world for Increments. At the same time, if Increments considered it is valuable, Users shall grant Increments a license (license that can be sublicensed or transferred) to use the contents (including creation and use of derivative works such as publication, movie, translation, digital book) without compensation.
- Increments may or may let a third party display, edit, duplicate, reprint, distribute, or communicate publicly the posted materials in accordance with the license provided based on the previous provision, and if Increments considered it is valuable, Increments may or may let a third party use the contents (including use of publication, movie, translation, and digital book). In such cases, Increments is not obligated to make any payment whatsoever to Users, and Increments may or may not display the name of the User, User ID, handle name, or other name or information that represent the User.
- Increments assumes no responsibility for any damage arising in Users or third parties regarding the use of posted materials.
Article 11 (Use of Information Related to Users)
The User information registered by a User upon applying to this Service may be used or disclosed to a third party by Increments freely at our own discretion in the utilization form in which an individual cannot be identified.
Article 12 (External Service)
- This service may collaborate with external service such as Twitter, Facebook, and GitHub to provide service, but Users shall use the external service on their own responsibility. Increments shall assume no responsibility for any damage arising in Users regarding the use of the external service.
- A User shall, when the User permits, approve that the posted material and other information to be posted on external services such as Twitter, Facebook, and GitHub. Increments shall not be required to take actions such as removal regarding the contents posted on external services such as Twitter, Facebook, and GitHub.
Article13 (Change/Discontinuance of This Service)
- Users shall agree that Increments may change the contents of this Service without giving a prior notice to Users, and Increments shall assume no responsibility for any detriment or damage arising in Users thereof.
- Increments may suspend or discontinue this Service by giving a prior notice of not less than 10 days. The suspension or discontinuance of this Service shall be announced on this site, and if Increments suspended or discontinued this Service by taking such procedure, Increments shall assume no responsibility including damage compensation.
Article 14 (Termination of This Service by User)
- Users are able to terminate the use of this Service for any reason whatsoever. In that case, Users shall follow the procedure specified by Increments and notify that to Increments.
- Users shall accept in advance that only possible means that they can take to Increments is to terminate the use of this Service even when they disagree with the provisions or this Term or change in this Term or when they have an objection to the contents of this Service.
Article 15 (Handling after Termination)
Increments shall maintain Article 9 to Article 11 effective and may use the User information and posted materials registered by a User even after the User is disqualified from this Service for any reason including the cases that the User terminated the use of this Service and Increments discontinued this Service.
Article 16 (Conduct of Questionnaires and Information Distribution)
Increments may ask Users to answer questionnaires by e-mail. Also, Increments may send out (including linking to external site) information including advertisement of a product or service provided by Increments or a third party (hereinafter referred to as "additional information") to the Users. In addition, Users shall be responsible for any transaction based on such additional information, and Increments shall assume no responsibility or obligation for the contents of additional information and any transaction or action based on the contents.
Article 17 (Distribution of Advertisement and Analysis)
- Increments obtains anonymous and statistical usage information by first-party cookie in order to figure out the trends among Users.
- Increments may, in this Service, post advertisements in accordance with this Term, and Users shall accept that in advance.
Article 18 (Property Right of Our Company)
- Increments possesses the property rights of the information, service, and software included in this Service.
- All software used in this Service include property rights and business secrets that are protected by laws and regulations related to the intellectual property right.
Article 19 (Disclaimer of Warranties)
- Users shall expressly agree to use this Service on their own responsibilities. Increments provide this Service "as it is" and "in applicable range."
- Increments shall assume no responsibility for any of the followings.
- (1)The contents of this Service match with or beneficial to Users' demands
- (2)Materials posted by other Users in this Service are accurate or appropriate
- (3)This service is not suspended, aborted, or discontinued
- (4)Timeliness of this Service
- (5)Safety of this Service
- (6)This service is without any kind of error
- (7)Information that Users obtain through this Service are accurate, lawful or ethical, latest, appropriate, or reliable
- (8)This service is without any kind of defect
- (9)Actions taken by Users through this Service match Users' particular intents
- (10) User information registered by Users or materials posted though this Service are not lost
- Users shall use this Service on their own responsibilities and shall be responsible for any damage on Users' computers and other communication devices whatsoever caused by or related to the use of the functions of this Service, and Increments shall assume no responsibility thereof.
- Increments shall not guarantee whether the action taken by a User in this Service match the particular intent of the User (including but not limited to commercial purposes).
- Increments shall not guarantee the product or service purchased or obtained by a User using the functions of this Service or the transaction made by other User using the functions of this Service.
Article 20 (Change of Terms)
This Term may be changed for Increments' reasons. The aforementioned change shall be announced in this site or by the method separately specified by Increments, and after the announcement, if a User uses this Service or does not terminate the use of this Service based on Article 14 within the certain period specified by Increments, the User is considered to have agreed to the change.
Article 21 (General)
- This Term shall be construed in accordance with Japanese laws.
- Any proceeding caused by or related to this Term shall be resolved by the Tokyo District Court as the exclusive jurisdiction of first instance.
- Increments shall, in case of transferring the business of this Service to a third party, give a prior notice of not less than 10 days to Users in this site and may transfer all rights and obligations based on this Term by means of succeeding, selling, merger, or other method. In such case, Increments shall be able to disclose User information, additional information, and posted materials to the party that receives the said rights and obligations.
- If the court of jurisdiction judges any of the provision of this Term is against a law, the provision shall be interpreted based on other valid articles so as to reflect Increments' intents as much as possible.
- If any of the articles of this Term is considered invalid or impractical, the valid or practical part of the article and other articles of this Term shall remain effective and practical.
- No waiver (express or implied) by Increments of breach of this Term by Users shall be taken to be a waiver of any succeeding breach of this Term by Users.
- Users shall agree that any proceeding caused by or related to this Service shall be started within one year from the occurrence of the cause of the proceeding, and after the period has expired, no such proceeding may ever be started.
Article 22 (Supplemental Provisions)
- This Term shall be effective retroactive to the initiation of the operation of this Service.
- Persons who agreed to this Term shall be considered to have accepted this retroactive application.
Article 23 (LANGUAGE)
This Term shall be executed in Japanese and controlled by Japanese, and any translation of this Term in any other language is for convenience of reference only and shall not bind the parties hereto.
(Formulated on June 1st, 2012)