">mixi Developer Center (mDC)

mixi Apps

mixi Apps (English) » Policies » mixi Payment Program » mixi Payment Program Terms of Service

mixi Payment Program Terms of Service

Effective, October 23, 2009
Revised, May 17, 2010
Revised, July 6, 2011

Article 1. Introduction

  1. The mixi Payment Program (hereinafter, the "Program") is a payment service provided by mixi, Inc., (hereinafter, "us") for Participants in our operating social networking service (mixi) to bill app users information fees for the Participants' apps or digital contents inside the apps.
  2. These mixi Payment Program Terms of Service and the Program Guidelines (hereinafter, the "Payment Program Terms of Service") apply all activities of the Participants using this Program.
  3. The Payment Program Terms of Service stipulate conditions for the use of this Program; the Participants shall use the Program in compliance with the Payment Program Terms of Service.
  4. The Participants using this Program shall be considered to have agreed to all the details of the Payment Program Terms of Service.
  5. We may, at our discretion, change the Payment Program Terms of Service at any time for any reason; unless otherwise stipulated by us, the changed Payment Program Terms of Service shall not become effective until the Participant uses the Program after they are displayed on the website.
  6. The Program Guidelines shall prevail over the mixi Payment Program Terms of Service in response to any inconsistency with the provisions between the two.

Article 2. Definitions

Terms used in the mixi Payment Program Terms of Service shall be defined as follows:
(1) The "Site" means the website referred to as "mixi" operated by us.
(2) "Participants" means those whom we approve for participation in the Program.
(3) "Billing Users" means users who desire to use apps, for which Participants bill them through the Program.
(4) "Users" means those who are registered as members to use the Site.
(5) "Apps" means applications (including those offered outside the Site) which Participants will develop, operate, and offer using information on the Site.
(6) "Information fees" means fees that Participants bill through this Program.
(7) "Partner registration" means registration of information on developers through our specified procedures to develop apps.

Article 3. Participation Application

Participants in this Program shall be limited to corporations who have completed partner registration through our specified certification procedures and applied through our specified procedures.

Article 4. Participation Application Review

  1. We will conduct our specified reviews on prospective participants and apps upon application for participation.
  2. Prospective participants will become Participants after our approval for participation through reviews.
  3. We will report review results through our specified procedures; prospective participants and Participants shall not object to the review results nor will we be required to explain the reasons for the results.
  4. We may, at our discretion, not approve participation application by prospective participants who fall under any of the following conditions:
    (1) Those who have applied for participation without following the procedures above;
    (2) Those who have been in breach of the terms of service specified by us, including the Payment Program Terms of Service or mixi Terms of Service;
    (3) Those whose registered apps are not the types we deem in compliance with the Payment Program Terms of Service or mixi Platform Terms of Service and accompanying Guidelines;
    (4) Those who have not registered their bank accounts under their effective names;
    (5) Those whom we deem inappropriate for any other reason.
  5. Participants desiring to register additional apps with the Program shall submit additional applications specified by us; we will, upon receipt, review the applications as in Clause 1; the same shall apply to changing details of any registered app.

Article 5. Management of Registered Email Addresses and Passwords

  1. Participants must register their manageable and accessible email addresses as the registered addresses on the Site and must change any unmanageable or inaccessible email address to another manageable and accessible email address.
  2. Participants shall seek to prevent illegal access to their registered email addresses and passwords on the Site, who shall be fully responsible for the management thereof; we may consider any of their registered email addresses and passwords accessed by any third party as having been accessed by the Participants.
  3. We will assume no responsibility for damage to Participants from access by any third party to the registered email addresses and passwords except by our intention or gross negligence.

Article 6. Improvement of Environment for Program Use

  1. Participants shall, on their responsibility and at their expense, appropriately improve all their equipment, software, and communication instruments to participate in this Program.
  2. Participants shall implement security measures, including measures to prevent computer virus infection, illegal access, and information leakage, according to the environment for their use of the Program.

Article 7. Program Details

  1. Objects billable through this Program are limited to apps and digital contents inside the apps (hereinafter collectively, "Products").
  2. This Program may be used for billing information fees for apps registered with the Program.
  3. Participants shall agree that we will provide payment service for Billing Users to pay their information fees.
  4. This Program is accessible only in Japan.
  5. We will provide Participants information including new service announcement, ad delivery, service operation-related business communication and other information unless otherwise reported by the Participants in advance or after the fact, in which case we will provide only information necessary for the Program.
  6. Procedures for specific use of the Program shall be based on the guidelines stipulated separately by us.

Article 8. Effectiveness of Agreement and Payment of Information Fees

  1. Any agreement between any Participant and us for payment service through this Program shall become effective upon certification by the Program concerning payment for any app billed by the Participant through the payment method specified by a Billing User. We will assume no responsibility for the agreement between the Participant and the Billing User for the use of the app other than for paying the Participant information fees that we have collected for the Participant through our payment service.
  2. Upon the agreement becoming effective above, the Participant shall agree that we will collect our separately specified service handling fees and payment handling fees for the Program, deducted from the information fees.
  3. We will pay the Participant the information fees, less the handling fees above, based on the payment methods, dates, and handling fees specified in the "Information on Account Registration with mixi and Payment on mixi."
  4. The agreement in Clause 1 shall become effective separately from another agreement for Products between the Participant and the Billing User, which will by no means be affected by the effectiveness or status of performance thereof.
  5. Participant shall responsibly perform tax duties in compliance with the laws concerning information fees, for which we will have no responsibility.
  6. We may, at our discretion, discontinue payment of all or part of information fees to or seek refund of all or part of paid information fees from the Participant under the following circumstances; we will have no responsibility for damage from such measures:
    (1) Unable to collect the information fees from the Billing User (*);
    (2) Requested by the Billing User to return the information fees;
    (3) Participant in breach or potentially in breach of the Payment Program Terms of Service;
    (4) Participant in breach or potentially in breach of the mixi Platform Terms of Service or other terms of service on the Site;
    (5) Some insufficiency with the information registered by the Participant;
    (6) Other circumstance of the Participant, which may cause damage to any third party or us.

Article 9. Participant Responsibilities

  1. Participants shall use this Program on their responsibility and shall be fully responsible for their acts and results.
  2. Participants shall be fully responsible for the apps registered with the Program and shall support them on their responsibility and at their expense.
  3. Participants shall register their bank accounts under the same corporate names as those used for partner registration.
  4. We will be considered to have paid our obligations to Participants even when we pay them information fees to their registered bank accounts not personally managed by them.
  5. Participants shall, at their expense and on their responsibility, respond to any inquiry, complaint, request, or suit (hereinafter, "Inquiries") filed by any third party concerning the Program use and apps.
  6. Participants shall compensate us for any damage from Inquiries.
  7. Participants must not use for purposes other than support of apps billed any personal information obtained through the use of this Program concerning Billing Users; in addition, Participants shall provide and indicate to the Billing Users their privacy policy equal to our Privacy Policy, and must properly manage the personal information in compliance therewith.
  8. Participants shall ensure that they have no relationship or will not engage in monetary or any other transactions with antisocial forces, including organized crime groups, nor will they, substantially or nominally, appoint or engage anyone related to them as their officers or employees.

Article 10. Prohibitions

  1. Participants must not use this Program for the following apps:
    (1) That which they do not develop, operate or offer;
    (2) That which infringes or may infringe intellectual property rights, including copyrights and trademark rights of any third party or ours;
    (3) That which infringes or may infringe the property, privacy, or portrait rights of any third party or ours;
    (4) That which will unreasonably discriminate against or denigrate any third party or us, or promote discrimination against others or damage their reputation or credibility;
    (5) That which will or may lead to crimes such as fraud, abuse of controlled substances, child prostitution and illegal purchase/sale of saving accounts and mobile phones;
    (6) That which leads to illegal gambling or solicit participation therein;
    (7) That which undertakes, mediates or solicits illegal acts (such as delivery of guns, production of explosives, provision of child pornography, falsification of official documents, murder, and blackmail);
    (8) That which invites or solicits others to commit suicide;
    (9) That which contains cruel or obscene expressions including grotesque, explicit sexual depictions, child pornography, and child abuse;
    (10) That which seeks sexual or obscene behavior;
    (11) That which seeks encounters with strangers of the opposite sex;
    (12) That which invites or solicits the youth to run away from home;
    (13) That which targets only the age group under fifteen (15);
    (14) That which causes or may cause nuisances such as spamming;
    (15) That which involves hazardous computer programs such as viruses;
    (16) That which will illegally rewrite or delete information stored on the equipment of any third party or ours;
    (17) That which involves unpredictable behaviors;
    (18) That which will or may become burdensome to the servers of any third party or us or cause problems with the operation of the Program or network systems;
    (19) That which will or may be misunderstood as a product offered or guaranteed by our affiliates or us;
    (20) That which we deem in breach of the Guidelines;
    (21) That which we deem in breach of the mixi Platform Terms of Service and other terms of service;
    (22) That which we deem in breach or likely to be in breach of laws or public morals;
    (23) That which we deem infringing or likely to be infringing the rights of any third party;
    (24) That which promotes or contributes to acts in violation of laws or public morals or acts infringing the rights of others;
    (25) Any other we deem inappropriate.
  2. Participants must not engage in the following activities while on this Program:
    (1) That which submits a news release about participation in the Program without our prior written consent;
    (2) That which uses the Program through procedures or for purposes other than billing the registered Products;
    (3) That which uses this Program by falsely identifying themselves as someone else or as someone with the power of attorney or in partnership or cooperation with other individuals or organizations;
    (4) That which we deem in breach of the Payment Program Terms of Service;
    (5) That which we deem in breach of the mixi Platform Terms of Service and other terms of service on the Site;
    (6) That which we deem in breach or likely to be in breach of laws or public morals;
    (7) That which we deem infringing or likely to be infringing the rights of any third party;
    (8) Any other that we deem inappropriate.

Article 11. Program Changes

We may, at our discretion, make additions or changes to or interrupt or terminate this Program at any time for any reason.

Article 12. Service Period

  1. The service period of the Program shall be one (1) year from the date of participation approval as in Clause 2 under Article 4, which will be extended for another one (1) year with the same conditions unless otherwise expressed by either the Participant or us thirty (30) days before the expiration date; the same shall apply thereafter.
  2. Notwithstanding the provision above, the Participant may cancel the Program any time through the procedure in Clause 1 under Article 13.
  3. Notwithstanding the provision in Clause 1, we may cancel the Program with not less than two (2) weeks advance notice to the Participant, except for cancellation in Clause 1 under Article 14.

Article 13. Cancellation by Participant

  1. Participants who wish to cancel this Program shall apply to us for cancellation through our specified procedures after terminating all prior billing for the Products. Participants are not allowed to cancel if any one of events in Clause 1 under Article 14 occurs.
  2. We will pay any unpaid information fee upon cancellation, less handling fees as appropriate.
  3. The Information on Account Registration with mixi and Payment on mixi shall apply to payment procedures, dates, and handling fees for any unpaid information fee remaining upon cancellation.
  4. We will not be responsible for payment of information fees unpaid as in the clause above due to insufficient registration information such as bank account information of the Participant.

Article 14. Forced Cancellation

  1. We may, at our discretion, forcibly cancel the Program service for any Participant who falls under any of the following conditions:
    (1) The Participant has evidently applied for participation without following the procedure in Clause 1 under Article 3;
    (2) The Participant has caused damage to any third party or us under circumstances attributable to the Participant;
    (3) We deem it detrimental to the interest or reputation of any third party or ours to continue billing information fees for the Participant's Products;
    (4) We deem the Participant in breach of the Payment Program Terms of Service;
    (5) We deem the Participant in breach of the mixi Platform Terms of Service and other terms of service on the Site;
    (6) The Participant has been filed against for suspension of payment or bankruptcy or the commencement of civil rehabilitation procedures, corporate rehabilitation, or special liquidation;
    (7) The Participant has failed to properly respond to our messages;
    (8) We deem the Participant inappropriate for any other reason.
  2. We will use as damages for breach any information fee remaining unpaid to the Participant upon forced cancellation above; we may seek compensation from the Participant for any damage exceeding the unpaid information fee.

Article 15. Measures

  1. We may, at our discretion, monitor the actions of any Participant's concerning proper use of the Program or illegal acts or frauds against the Payment Program Terms of Service and mixi Platform Terms of Service and other terms of service on the Site.
  2. As a result of such monitoring duties as mentioned above, we may take measures against any Participant who is committing or whom we deem very likely to be committing acts in violation of the Payment Program Terms of Service and mixi Platform Terms of Service and other terms of service on the Site; such measures include discontinuing billing, not paying all or part of information fees, seeking refund of all or part of paid information fees or the measure in Clause 1 under the previous article.
  3. We may seek compensation from the Participant for any damage incurred by us in the previous clause.
  4. These monitoring duties will be performed at our discretion and shall not in any sense be construed as constituting our obligations.

Article 16. Relationships of Rights

  1. All rights to Participants' apps will belong to the Participants.
  2. All rights to the Program and accompanying information and data provided by us will belong to us.

Article 17. Non-assignable Rights

Participants may not, in whole or in part, assign the rights and obligations under this Program and the Payment Program Terms of Service to any third party or use them as collateral without our prior written approval.

Article 18. Forfeiture of Rights

In the event of failure to log in to this Site for two (2) years or longer, Participants shall forfeit the rights (including the right to seek payment of information fees) hereunder.

Article 19. Disclaimer

  1. We will not be responsible for Participants' communication and other activities; Participants shall, on their responsibility and at their expense, settle any dispute between them or Users and them or with any third party concerning the Program or Payment Program Terms of Service and will not cause any damage to us.
  2. We will not be liable for any damage from additions or changes to or interruption or termination of this Program; the same shall apply to damage from failures due to unexpected causes such as excessive access.
  3. We do not guarantee nor will we be liable for normal operation of the Program or payment of information fees by Billing Users.
  4. We will not be responsible for monitoring or storing apps registered with the Program.
  5. We will not be responsible for the legality, morality, reliability, or accuracy of the Products registered with the Program.
  6. We may inspect, store, or disclose to any third party any information of any Participant (hereinafter, the "Inspections") under the following conditions; we will not be responsible for any damage from Inspections:
    (1) The Participant agrees to Inspections;
    (2) We need the information for finding causes for and solutions to technical problems with the Program;
    (3) Public agencies such as courts and police offices make requests or inquiries according to the laws;
    (4) We deem it necessary to check the information on some acts that we deem in breach or likely to be in breach of the Payment Program Terms of Service;
    (5) We deem it urgent to respond to some situations imminently dangerous to human lives or physical properties;
    (6) Other situations requiring proper operation of the Program.
  7. We may take measures (including but not limited to monitoring of the apps and termination of the billing) that we deem appropriate against any Participant whom we reasonably deem to have committed acts in breach of the Payment Program Terms of Service; we will not be liable for any damage from such measures.

Article 20. Privacy Policy

We shall manage personal information properly according to the Privacy Policy.

Article 21. Governing Laws and Jurisdictional Court

  1. The Payment Program Terms of Service shall be governed according to the laws of Japan.
  2. Any question or dispute arising between any Participant and us concerning the Payment Program Terms of Service shall be settled in good faith through consultation between both parties or at the Tokyo District Court as the Exclusive Agreement Jurisdictional Court of First Instance.

Supplementary
The mixi Payment Program Terms of Service shall become effective on October 23, 2009.

TOP OF THIS PAGE