"MyClass Remote" Service Terms & Conditions
1.1 This “MyClass Remote” Service Terms & Conditions (“TERMS”) is set for Your usage of “MyClass Remote”, school management support software (“SOFTWARE”) provided by Mediaseek, inc. as a ASP Service ("SERVICE")
1.2 Mediaseek accept inquiry on SERVICE by e-mail from 10:00 to 19:00 of Mediaseek business day (“BUSINESS HOUR”). Saturday, Sunday, public holidays and days from Dec. 30th to Jan. 3rd are except from BUSINESS HOUR.
2.1 If you (“CUSTOMER”) want to use SERVICE, please make application by filling-in application form provided by Mediaseek and submit to Mediaseek with prior consent to this TERMS.
2.2 CUSTOMER shall make all personnel who use SERVICE be compliant with this TERMS. When CUSTOMER or its personnel use SERVICE in a manner of violating TERMS, Mediaseek may revoke the contract between CUSTOMER and Mediaseek regarding the SERVICE (“CONTRACT”).
3.1 CONTRACT will be effective when MEDIASEEK inform to CUSTOMER the completion of application process of SERVICE after Mediaseek checking the application form submit by CUSTOMER. MEDIASEEK may reject the application or cancel the application after such information, upon cases written below:
(1) MEDIASEEK decide that Applicant may possibly neglect the payment accrued with CONTRACT.
(2) Applicant fill-in application form fallaciously.
(3) MEDIASEEK decide that one of conditions described in section 17.1 is true to CUSTOMER
(4) In addition, cases near to (1) to (3) above occurs and MEDIASEEK decide it as unsuitable.
3.2 After starting usage of SERVICE on the day designated in the application form as commencement day, CONTRACT remain in effect till the completion of closure process caused by MEDIASEEK or CUSTOMER.
4.1 CUSTOMER shall inform to MEDIASEEK upon change of CUTOMER’s name or address within 30 days from such change by submitting the form provided by Mediaseek.
4.2 CUSTOMER shall inform to MEDIASEEK upon transfer of CUSTOMER status by merger, corporate division or business assignment within 30 days from such transfer by submitting the form provided by Mediaseek.
4.3 Upon such information described above, Mediaseek may close CONTRACT when Mediaseek judge to deny CUSTOMER continuity over such transfer.
4.4 When Mediaseek approve CUSTOMER continuity over such transfer, the assigned CUSTOMER shall bear any and all debt former CUSTOMER has borne.
5.1 CUSTOMER shall pay initial cost and service fee as described in application form in the way set by Mediaseek.
5.2 CUSTOMER shall pay initial cost on or before 10th day of the month two months later from the month in which CONTRACT becomes effective according to section 3.1.
5.3 CUSTOMER shall pay interest of 14.5% per year (365 days daily pro-rata calculation) for the term from the next day of due date to the day of payment.
6.1 CUSTOMER shall not copy, distribute, rent, transmit (including automatic public transmission and making it transmittable), lease or mortgage SOFTWARE or any documents regarding SOFTWARE. CUSTOMER also shall not assign, resale or sub-license the right to use SOFTWARE provided according to TERMS.
6.2 CUSTOMER shall not revise, interpret, adapt, reverse engineer, reverse-compile, reverse-assemble or make any derivatives from SOFTWARE or any documents regarding SOFTWARE.
7.1 Mediaseek may alter SERVICE (including but not limited to releasing subsequent service, changing the name of SERVICE and changing form of customer data).
7.2 Mediaseek inform to CUSTOMER on such alteration in the way Mediaseek decide it is appropriate, but Mediaseek may operate such alteration without getting approval of CUSTOMER.
8. Copyright, patent, trademark or any intellectual property rights regarding SERVICE and SOFTWARE shall vest to Mediaseek.
9. CUSTOMER shall not assign or rent all or part of its right to use SERVICE and shall not, in any form, make third party use SERVICE without prior written approval of Mediaseek.
10.1 In any cases described below, Mediaseek may stop proving SERVICE.
(1) CUSTOMER neglects to pay fee of SERVICE.
(2) Fallacious information is detected on the application form.
(3) CUSTOMER provides or attempt to provide contents which is possibly be against to public policy including contents which is illegal, harmful, fraudulent, violating third party’s right or containing unpleasant matter. (4) CUSTOMER violate any stipulations of TERMS.
10.2 CUSTOMER shall pay fee for the term Mediaseek stop providing SERVICE according to section 10.1 above.
11.1 Mediaseek may stop or suspend providing SERVICE without prior information to CUSTOMER when;
(1) It is necessary including when it is needed for maintenance of SERIVCE
(2) It is necessary for repair, maintenance or installation of facilities and equipment
(3) Serious failure is occurred on facilities and equipment
(4) It becomes impossible to provide SERVICE for suspension of electric communication by telecommunication carrier.
(5) It is necessary for Mediaseek
11.2 Mediaseek Disclaims all damages suffered by CUSTOMER accrued with such stop or suspension of SERVICE described in this section. Mediaseek will firstly cope with stop or suspension principally in its business hour. Mediaseek makes automatic system monitoring in its non-business hour and make effort to recover SERVICE when serious incident occurs including SERVICE suspension, but in cases other than suspension ascribed in section 11.1 above.
11.3 Mediaseek shall prior inform to CUSTOMER when it is needed to stop or suspend SERVICE as described in section 11.1 above provided however that it is in emergency and compelling.
11.4 CUSTOMER shall pay fee for the term even in a case of SERIVCE suspension as set in section 11.1. But when suspension last for over 24 hours, CUSTOMER may not pay fee only for such above-24-hours suspension term (calculated with each day, every 24 hours shall be deemed as a day, any hours under 24 hours shall be cut off, daily pro-rata with 30 days for month).
12.1 Mediaseek may limit or stop providing SERVICE for prioritize communication and other publicly important urgent communication which is needed for prevention of accident, rescue, transportation, communication, electric power provision, or public order, when emergency including natural disaster is occurred or thought to be possibly occurred according to Telecommunications Business Act Article 8 (Securing of Essential Communications).
12.2 CUSTOMER may not pay fee for the term in which SERVICE is limited or stopped in case ascribed in section 12.1, in daily pro-rata with 30 days for month.
13.1 Mediaseek may abolish all or part of SERVICE at Mediaseek discretion.
13.2 Mediaseek shall inform to CUSTOMER on such abolition 3 months prior with written document or other method that Mediaseek thinks it appropriate.
14. CUSTOMER may close CONTRACT by submitting the form, filled-in by CUSTOMER, provided by Mediaseek 1 month prior to such closure in case CUSTOMER want to close CONTRACT after 6 months from commencement day of its using SERVICE. CUSTOMER shall fully pay fee for the month in which CONTRACT closes.
15.1 Mediaseek may close CONTRACT when CUSTOMER does not amend its fault as described in section 10 in 14 days from the day Mediaseek has suspended to provide SERVICE for such fault.
15.2 Mediaseek may close CONTRACT without any formal demand when;
(1) CUSTOMER applies bankruptcy, special liquidation, Civil Rehabilitation or Corporate Reorganization, or third party applies such regarding CUSTOMER
(2) Provisional seizure, provisional disposition, attachment, auction or other compulsory, or attachment by tax delinquency occurs regarding CUSTOMER
(3) CUSTOMER bounce negotiable instrument or check, or banks suspended transaction with CUSTOMER
16.1 Any additional development or customize of SOFTWARE and SERVICE upon CUSTOMER’s demand shall be accomplished according to other contract made between Mediaseek and CUSTOMER but with no guarantee that CUSTOMER can use SERVICE and its function permanently.
16.2 Mediaseek disclaims any and all direct and indirect damage suffered by CUSTOMER for unavailability of all or part of SERVICE in any case including cases below;
(1) When CUSTOMER or any third party cannot access to SERVICE or it takes extraordinary long time for CUSTOMER or any third party to access to SERVICE.
(2) When fault or error occurred in CUSTOMER’s Data and information stored within SERVICE associated with change, including version-up, made by Mediaseek in hardware and software supplied for SERVICE.
(3) When fault or error occurred in CUSTOMER’s Data and information stored within SERVICE associated with change, including version-up, made by CUSTOMER in hardware and software supplied for usage of SERVICE.
16.3 Mediaseek disclaims any and all damage suffered by CUSTOMER or third party for illegal or unauthorized usage of SERVICE by third party including by the way such third party illegally uses CUSTOMER’s content in any case.
16.4 When CUSTOMER causes damage on third party, including other customer of SERVICE, by CUSTOMER’s usage of SERVICE, CUSTOMER shall, with its responsibility, resolves dispute and make Mediaseek harmless form any and all responsibility or damage in any case.
16.5 Mediaseek disclaims any and all responsibility on conservation of CUSTOMER’s content stored within SERVICE in any case.
17.1 Mediaseek may terminate CONTRACT without any formal demand when;
(1) CUSTOMER is an organized crime group, a member of an organized crime group, an associate member of such, a related company or association of an organized crime group, corporate extortionist, a miscreant advocating political activism, an intellectual crime group or other anti-social group or party, or CUSTOMER was such.
(2) CUSTOMER does or makes other party to take fraudulent means, to use force or intimidating words, or other act like foregoing to Mediaseek.
(3) CUTOMER informs to Mediaseek that CUTOMER is an anti-social party or group, or that related party or group of CUSTOMER is an anti-social party or group.
(4) CUSTOMER does or makes other party to make assassination of Mediaseek fame or credit or to do any action which lead to such.
(5) CUSTOMER does or makes other party to interfere Mediaseek business or to do any action which lead to such. 17.2 Mediaseek shall not indemnify for any and all damage suffered by CUSTOMER upon closure of CONTRACT made according to section 17.1.
18. Mediaseek may alter TERMS without prior consent of CUSTOMER. After such alteration, all conditions regarding provision of SERVICE including fee shall be subject to altered TERMS.
19. Mediaseek shall not use, other than purpose of providing SERVICE, information disclosed and marked appropriately by CUSTOMER as it is confidential (like “CONFIDENTIAL” or “secret”) regarding provision of SERVICE. Mediaseek also shall not disclose such information to any third party without prior consent of CUSTOMER. Foregoing shall not be applied to such information as listed below;
(1) Information that Mediaseek had legally possessed before disclosed from CUSTOMER.
(2) Information that had become public before the disclosure from CUSTOMER to Mediaseek.
(3) Information that becomes public not by fault of Mediaseek after the disclosure from CUSTOMER to Mediaseek.
(4) Information that Mediaseek acquire from third party who has authority without confidentiality obligation.
(5) Information that Mediaseek develops without depending on confidential information disclosed from CUSTOMER and that Mediaseek can prove such objectively.
(6) Information that is obligated to disclose according to laws and regulations or mandate of court.
21.1 CUSTOMER content shall be controlled by CUSTOMER, and Mediaseek shall not acquire any rights on CUSTOMER content but as licensed by CUSTOMER according to CONTRACT.
21.2 Mediaseek may make back-up of data including CUSTOMER content for recovery of SERVICE. Mediaseek shall not guarantee that CUSTOMER can recover CUSTOMER content from such back-up in arbitral moment.
21.3 Mediaseek make such buck-up as set in section 21.2 periodically in schedule set by Mediaseek. Mediaseek may make such buck-up temporally, including upon maintenance.
21.4 Mediaseek may immediately delete CUSTOMER content upon closure of CONTRACT. After closure of CONTRACT, Mediaseek disclaims any and all damages suffered by CUSTOMER or third party accrued with storage, deletion, back-up or other of CUSTOMER content.
21.5 Mediaseek shall not access to CUSTOMER content but for purposes below;
(1) Safe operation of SERVCIE
(2) Prevention of incident accrued with SERVICE
(3) Solve problems regarding CUTOMER support when such support is demanded from CUSTOMER
21.6 Mediaseek shall not disclose to third party or publicize CUSTOMER content without consent of CUSTOMER but in cases below;
(1) With prior CUSTOMER consent
(2) Mandatory under the relevant laws and regulations
(3) Necessary to cooperate with national organ or municipal government (including any persons or entities consigned by such organ or government) in commission of such organ or government to perform its duties according to laws and regulations and in the threat that obtaining consent may interfere in such performance.
22.1 CUSTOMER gives consent to Mediaseek to publicize that Mediaseek provides SERVICE to CUSTOMER by way including place on Mediaseek corporate site or other media for Mediaseek corporate public communication.
22.2 When Mediaseek use CUSTOMER name and trademark for such corporate public communication, Mediaseek shall acquire prior consent of CUSTOMER.
23. Use of SERVICE, and construal and application of CONTRACT shall be subject to and in accordance with the laws of Japan. Any disputes arising out of or in connection with CONTRACT shall submit to the exclusive jurisdiction of the Tokyo District Court at first instance.
Revised on April 1, 2021