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mixi Platform (English) » Policies » mixi Platform: Terms of Use

mixi Platform: Terms of Use

Established on April 8, 2009
Revised on June 12, 2009
Revised on August 18, 2009

Article 1 Introduction

  1. “mixi Platform” refers collectively to the development environment provided by mixi, Inc. (hereinafter, the “Company”) for the purpose of developing Applications. (hereinafter the “Applications”) for adding new functionalities to the site and/or using data of the site from external services.
  2. This Terms of Use for the mixi Platform and service guidelines for each Developer (hereinafter, collectively the “Terms”) shall apply to all acts of the Developer when developing Applications. by using mixi API.
  3. The Terms prescribes terms and conditions for using the mixi Platform. A Developer shall use the mixi Platform in accordance with the Terms.
  4. By using the mixi Platform, a Developer shall be deemed to have consented to all provisions set forth herein.
  5. The Company may revise the Terms at any time for any reason in its sole discretion. Any revision shall become effective immediately after when they are displayed on the site, unless otherwise expressly stated by the Company.
  6. In the event of any conflict between the Terms and guidelines for services to each Developer, the guidelines for such service shall prevail.

Article 2 Definition

The following terms as used in the Terms shall have the definitions set below.

  • (1) Sites means websites called “mixi” operated by the Company (PC site http://mixi.jp, mobile site http://m.mixi.jp, Developer Center http://developer.mixi.co.jp).
  • (2) mixi API means Application Program Interface, including, but not limited to, mixi Connect and mixi Apps, provided by the Company.
  • (3) Developer means a person who develops Applications using the mixi Platform.
  • (4) User means a person who is registered as a member to use the Site.
  • (5) Applications means anything including, but not limited to, applications and websites developed by using the mixi Platform ().

Article 3 Term of Use

  1. A Developer may, non-exclusively and within the scope of the purpose of developing Applications use any information on the Site that can be obtained by using mixi API (hereinafter, the “Information” in this Article).
  2. Any Information regarding a User contained in the Information may be used only upon the User’s approval.
  3. If any personal information is contained in the Information, a Developer shall prescribe a privacy policy equivalent to the Privacy Policy of the Company and appropriately handle the personal information in accordance therewith.
  4. A Developer shall be responsible for the use of the Information, and the Company shall make no representation or warranty for its legitimacy, morality, reliability, or accuracy.
  5. A Developer shall not disclose the Information or grant any license for the use thereof to a third party.
  6. The Company will notify new services, deliver advertisements, communicate matters relating to service operations, and provide other information to a User; provided, however, that if a User notifies the Company, in advance or at any time, that the User is not willing to receive such information, it will not be provided unless such information is necessary for providing the mixi Platform.
  7. A Developer shall comply with terms for each service guideline prescribed by the Company.

Article 4 Maintenance of Use Environment

  1. 1. A Developer shall, at his/her own responsibility and expense, properly maintain all necessary environment including, but not limited to hardware, software and network infrastructure to use the mixi Platform.
  2. 2. A Developer shall take security measures corresponding to his/her use environment against any malicious conduct or malfunction including but not limited to computer viruses, unauthorized access, and leakage of information.

Article 5 Responsibility of a Developer

  1. 1. A Developer shall develop Applicationsat his/her own responsibility and shall be responsible for all acts, behavior and its consequences conducted using the mixi Platform.
  2. 2. If a Developer is a minor, he/she shall obtain the consent of his/her parents or custodians for developing Applications.
  3. 3. A Developer shall cause users use Applications to expressly acknowledge this paragraph 1 hereof.
  4. 4. If a Developer receives from a third party any inquiry, complaint, request, lawsuit, etc (collectively “Inquiries”) regarding the use of the mixi Platform and/or Applications or the use and/or storage of the Information, , he/she shall, at his/her own responsibility and expense, deal with the Inquiries. If the Company receives from a third party the Inquiries regarding the use of the mixi Platform, Applications and/or use or storage of the Information, the Company may notify the third party to contact such Developer and may disclose the contact information of such Developer.
  5. 5. A Developer shall indemnify any loss or damage directly or indirectly caused by the Inquiries.

Article 6 Rules of Conduct

  1. A Developer shall not, by using the mixi Platform, develop Applications that include any content that:
    • (1) infringes or may infringe intellectual property rights, including but not limited to any copyright and trademark of the Company or any other person or entity;
    • (2) infringes or may infringe property of the Company or any other person or entity;
    • (3) discriminates or defames the Company, any other person or any entity, encourages discrimination against and/or damage the reputation of the Company , any other person or entity;
    • (4) leads to or may lead to illegal activities including but not limited to fraud, abuse of prohibited drugs, child prostitution, illegal trading of bank accounts and mobile phones;
    • (5) promotes a User to engage in illegal gambling;
    • (6) undertakes to commit, brokers, or induces people to commit, any illegal act (such as transfer of handguns, manufacture of explosives, provision of child pornography, counterfeiting of official documents, murder, and intimidation);
    • (7) solicits a User to commit suicide;
    • (8) contains grotesque and sexually explicit content, including but not limited to child pornography, child abuse, and other cruel or obscene expression;
    • (9) provided for the purpose of sexual, obscene, or other similar act;
    • (10) designed to create an opportunity to date between unacquainted persons;
    • (11) encourages juveniles to run away from home;
    • (12) made available only to an individual younger than 15 years old;
    • (13) related harmful computer programs including but not limited to viruses;
    • (14) may cause misunderstanding that the third party has an alliance with the Company, the Company makes representation and/or warranty for the content or the Company provides the content;
    • (15) violates or deemed to violate the Terms in the Company’s sole discretion;
    • (16) violates or deemed to violate statute, laws, regulations, and/or public order in the Company’s sole discretion;
    • (17) violates or deemed to violate the third party’s rights in the Company’s sole discretion;
    • (18) encourages any conduct that violates statutes, laws, regulations and/or public order, or violate the third party’s rights; or
    • (19) otherwise deemed inappropriate by the Company.
  2. A Developer shall not, by using the mixi Platform, develop Applications implementing functionality that:
    • (1) randomly disseminates messages to unsolicited Users, requests any User to add friends as my mixi, leaves a trace on any User, and/or invites unsolicited User;
    • (2) conducts any of the following spam activities;
      • (A) spam posting and messaging; posting or transmitting identical or similar messages to any space of the site where a User can post;
      • (B) spam word; randomly posting more than one word that has no or little relevance to such space, extremely lengthy sentence or a large number of words to any space of the site where a User can post,;
      • (C) spam URL; posting or transmitting identical URL to any space of the site where a User can post;
      • (D) any other act that causes a nuisance to users similar to that caused by the spam activities mentioned above;
    • (3) rewrites or deletes without authorization information accumulated in the facilities of the Company or any other person or entity;
    • (4) transmits or posts viruses and other harmful computer programs;
    • (5) involves behaviors that are difficult for users to predict;
    • (6) places or may place an undue load on the server of the Company or any other person or entity or obstructs or may obstruct the operation of the mixi Platform and network systems;
    • (7) has the effect of encouraging and promoting violation by users of mixi Terms of Use;
    • (8) in the judgment of the Company, violates the Terms of Use for mixi Platform, etc.;
    • (9) in the judgment of the Company, violates or may violate laws and regulations or public order and morals;
    • (10) in the judgment of the Company, violates or may violate rights of any other person or entity; or
    • (11) is otherwise deemed inappropriate by the Company.
  3. A Developer shall not, when using the mixi Platform:
    • (1) reproduce, amend, reprint, alter, modify, reverse engineer, disassemble, decompile, translate, or analyze mixi API;
    • (2) use any information on the site obtained using mixi API in any manner or for any purpose other than for use in Applications.;
    • (3) disclose or provide to a third party any information on the site obtained using mixi API;
    • (4) grants license to a third party to reproduce, modify, redistribute, or use in any other way any information on the site obtained using mixi API;
    • (5) provides Applications. in a manner that leads to or may lead to a misunderstanding that a tie-up with the Company exists or that warranty is provided by the Company;
    • (6) use the mixi Platform by pretending to be someone else or misrepresenting that he/she has authority of representation or agency when in fact he/she has no such authority or that he/she has a tie-up with or in a collaborative relationship with another person or organization;
    • (7) do any act that, in the judgment of the Company, violates the Terms of Use for mixi Platform, etc.;
    • (8) do any act that, in the judgment of the Company, violates or may violate laws and regulations or public order and morals;
    • (9) do any act that, in the judgment of the Company, violates or may violate rights of any other person or entity; or
    • (10) do any other act that is otherwise deemed inappropriate by the Company.

Article 7 Amendment to mixi Platform, etc.

  1. The Company may, for its own reasons, add, amend, suspend, or terminate the mixi Platform at any time for any reason.
  2. The Company may, if it deems necessary, limit, suspend, or terminate access to all or part of the mixi Platform for specific Developers and Applications.

Article 8 Fee

  1. The mixi Platform shall, in principle, be available for free.
  2. If the Company requests consideration to be paid for the use of the mixi Platform, the Company shall give prior notice to and obtain the consent of Developers.

Article 9 Measures Taken by Company

The Company may, if it deems necessary for the purpose of complying with laws and regulations and the Terms of Use for mixi Platform, etc. or protecting the rights, property, or safety of users, the Company, or any other third party, take measures that are, in the opinion of the Company, necessary regarding a Developer’s Applications., such as crawling or monitoring by other means.

Article 10 Rights and Obligations

  1. Copyright in the content created by a user on the site shall belong to the said user.
  2. The Company shall own any and all rights in the content created by the Company on the site regardless of the type or nature thereof, including, but not limited to, mixi API, the deliverables and executable files thereof, and content on the site provided through the foregoing; provided, however, that this shall not apply to any software components developed by a Developer him/herself in which mixi API and the deliverables and executable files thereof are not embedded.
  3. If Applications. in which a Developer owns rights are added to the site, he/she shall grant the Company license, free of charge, to use any Applications. to the extent necessary for the Company to provide the site or the mixi Platform.

Article 11 Exclusion of Liability

  1. The Company shall not be involved in any communications or activities of Developers. All disputes between Developers, between a Developer and a user, or between a Developer and a third party shall be resolved by the parties themselves and the Company shall not be liable therefor.
  2. The Company shall not be liable for any loss or damage arising from addition or change of the content of the mixi Platform, use of the mixi Platform, or restriction, suspension or termination of access to the mixi Platform. The same shall apply in cases where display speed decreases or a trouble arises due to high access volume or other unforeseeable causes.
  3. The Company shall not be required to monitor or retain Applications.
  4. The Company assumes no responsibility regarding the legality, morality, reliability, or accuracy of any Applications. or information on the site obtained using mixi API, or conformity of Applications. to internal regulations, etc. of any juridical person, group, etc. to which the Developer of Applications. belongs.
  5. The Company may inspect, retain, and disclose to a third party any information of a Developer (hereinafter, the “Inspection, etc.” in this paragraph), and shall not be liable for any loss or damage arising therefrom, in cases where:
    • (1) the Developer consents to the Inspection, etc.;
    • (2) it is necessary for analyzing the causes of, and resolving, any technical problems of the mixi Platform;
    • (3) the Company receives an official inquiry from a court, police, or any other public body pursuant to laws and regulations;
    • (4) in the judgment of the Company, the Terms of Use for mixi Platform, etc. have been or may have been violated, making it necessary for the Company to check the information;
    • (5) in the judgment of the Company, there is an imminent danger to the life, body, property, etc. of a person and an urgent need to conduct the Inspection, etc.; and
    • (6) it is otherwise necessary for operating the mixi Platform properly;
  6. If, in the judgment of the Company, there are reasonable grounds to believe that a Developer has or may have violated the Terms of Use for mixi Platform, etc., the Company may take measures it deems necessary against the said Developer (including, but not limited to, deletion of Applications. from the site and termination of use thereof), and shall not be liable for any loss or damage arising therefrom.
  7. If the Terms of Use for mixi Platform, etc. falls under a consumer contract provided for in paragraph 3 of Article 2 of the Consumer Contract Act (Act No. 61 of 2000), the provisions of the Terms of Use for mixi Platform, etc. that completely exclude liability of the Company for damages shall not apply. In such cases, if any loss or damage is caused to a Developer as a result of default or tort committed by the Company, the Company shall be liable for damages only if such default or tort is committed intentionally or through gross negligence, and the Company’s liability shall be limited to the actual loss or damage suffered by the said Developer.

Article 12 Handling of Personal Information

The Company shall appropriately handle personal information in accordance with the Privacy Policy.

Article 13 Governing Law and Jurisdiction

  1. The Terms of Use for mixi Platform, etc. shall be governed by and construed in accordance with the laws of Japan.
  2. Any and all disputes or questions arising between a Developer and the Company in connection with the mixi Platform or the Terms of Use for mixi Platform, etc. shall be resolved through good faith consultation between the said Developer and the Company, and shall, if not resolved through such consultation, be subject to the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court as the court of first instance.

Supplementary Provisions
The Terms of Use for the mixi Platform shall come into effect from April 8, 2009.

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