WikiHike(hereinafter “the Application”), provided by Castalia Co. Ltd. (hereinafter “Castalia”), is a smartphone-specialized application that enables an effective social learning experience through word searches by tagging comments on Wikipedia (http://wikipedia.org) articles, leaving your learning history, and sharing them with other users. It allows users to submit comments by way of the Fusen feature, share the learning history by way of the Learnt feature, as well as other materials (hereinafter “User Contents”.) The services offered by Castalia include this Application as well as any other feature, content, or applications offered from time to time in connection with the Castalia Site or the Application (hereinafter the “Castalia Services,” collectively).
1. User Eligibility
Use of this Application and Castalia Services is void where prohibited. By using the Application and Castalia Services, you make clear and guarantee that your use of this Application does not violate any applicable law or regulation. If you are Subscriber, you make clear and guarantee that a) all Subscriber information you submit are truthful and accurate, and b) you will maintain the accuracy of such information. This Application and Castalia Services are provided solely for educational purposes and personal use only.
This Agreement shall remain in full force and effect as long as you use this Application or are a Subscriber. Castalia may terminate a Subscriber’s account at any time without warning, if any violation of this Agreement takes place. The Agreement will remain binding and in effect even after the termination of a Subscriber’s account.
3. Subscriber’s Account Name and Password
As a Subscriber, you are responsible for maintaining the confidentiality of your account name and password, and are fully responsible for all activities that occur under your account name and password, with or without your knowledge. You agree to immediately notify Castalia of any unauthorized use of your account name or password, or any other security violence that affects your account. In any event where an unauthorized use or access is suspected, your account may be suspended temporarily or terminated. Castalia cannot and will not be liable for any loss or damage caused by your failure of providing Castalia with accurate information or to keep your account name and password secure.
4. Intellectual Property Policy
Upon use of this Application, Castalia requires the Application Users to respect any and all intellectual property rights that we may have in our site contents, including but not limited to text, graphics, images, video, audio, and other audio-visual content/s. With respect to the Site Contents developed and owned by Castalia, Castalia grants you a limited, revocable, non-sublicensable, and nontransferable permission to view and download a single copy of such Site Contents for your personal use. You agree to retain all copyright and any other proprietary right included in these Site Contents on any copy you make from such materials. You may not sell or modify such Site Contents or reproduce, display, distribute, or use such Site Contents in any way for any commercial purpose. Unless where expressly permitted, use of such Site Contents on any other website or in a networked environment is prohibited. The names, marks and logos that appear on the Application or included in such Site Contents are, unless otherwise noted, trademarks owned by Castalia. Unauthorized use of such Site Contents violates copyright, trademark, and other applicable intellectual property laws.
5.1 Prohibited User Contents
The following is a partial list of the kind of User Contents that are illegal or prohibited to submit to Castalia through the Site. Prohibited content includes, but is not limited to the following User Contents that Castalia, in its sole discretion, reasonably decides that it:
· Is apparently offensive, and promotes racism, prejudice, hatred, or any form of physical harm against any group or individual
· Harasses or advocates harassment against another person
· Exploits people in a sexual or violent manner
· Contains pornographic, violent, or offensive subject matter or contains link/s to adult or pornographic websites
· Promotes information that is false or misleading, or promotes illegal activities and procedures that may cause abuse, threat, obscenity, defamation, and libel
· Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent copy protected devices installed by the manufacturer, or providing pirated music or links to pirated music files
· Is likely to cause harm to Castalia’s web servers, office computers, or anyone else’s computer systems, including but not limited to that may cause any defect, error, malfunction or corruption to this Application by way of any virus, code, worm, data, or other filsa and programs designed to damage or allow unauthorized access to this Application.
5.2 Prohibited Activities
The following is a partial list of the kind of activities that are illegal or prohibited on this Application. Prohibited activities include, but not limited to the following:
· Criminal or tortuous activities including child pornography, fraud, trafficking in obscene materials, drug dealing, gambling, harassment, stalking, spamming, spimming, sending viruses or other harmful files, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets
· Covering or obscuring of any Castalia page by HTML/CSS and other means
· Automated use of the system, such as using scripts to add Subscribers or send comments or messages
· Interference, disruption, or creation of undue stress on the Castalia services or networks, or services connecting to the Castalia services
· Attempts of spoofing another Subscriber or person
· Usage of another Subscriber’s account name or password at any time, disclosing a password to any third party, or permitting any third party access to your account
· Selling or transfer of any account
· Usage of any information obtained from the Castalia Services in order to harass, abuse, or harm another person
· Acceptance of payment or anything valuable from any third party in exchange for your performance of any commercial activity on the Castalia Services by way of this Application, or using the Castalia Services on behalf of the third party
· Usage of Castalia Services in a manner inconsistent with any and all applicable laws and regulations
5.3 Removal of User Contents / Termination Of Account
Castalia, at its sole discretion, may remove any User Content that violates this Agreement, or may be offensive, illegal, harmful, threatening to the safety of any other person, or that interferes with any other person’s rights. Castalia may also terminate the account of any Subscriber and prevent his/her future access to this Application if the Subscriber violates this Agreement or the law. Furthermore, Castalia, at its sole discretion, reserves the right to investigate on and take legal activities against anyone who violates subsections 5.1 and 5.2 of this Section, including without limitation, reporting such violations to law enforcement authorities. Any violation of terms and conditions set forth in this Agreement shall result in immediate revocation of any right and license to use this Application and obligates you to immediately destroy any and all copies of the Site Contents in your possession.
Despite the prohibitions in subsections 5.1 and 5.2 of this Section, the User Contents provided to Castalia by other Users by way of this Application, may contain inappropriate, inaccurate or offensive material or activities. With regards to inappropriate User Contents or activities, Castalia does not assume any responsibility for monitoring the Castalia Services. Even if at any time Castalia, at its sole discretion, chooses to monitor the Application or Castalia Services, Castalia nonetheless assumes no responsibility for the User Contents, and obligation to modify or remove any inappropriate User Contents. Castalia does not assume any responsibility on any Subscriber or visitor submitting such User Contents either. If you observe activities by any person that is in violation of this Agreement, please contact and inform us at email@example.com
5.1 Privacy/Security Of User Contents
Despite the prohibitions in subsections 5.1 and 5.2 of this Section, the User Contents provided to Castalia by other Users may contain inappropriate, inaccurate or offensive material or activities. With regards to inappropriate User Contents or activities, Castalia does not assume any responsibility for monitoring the Castalia Services. Even if at any time Castalia, at its sole discretion, chooses to monitor the Application or Castalia Services, Castalia nonetheless assumes no responsibility for the User Contents, and obligation to modify or remove any inappropriate User Contents. Castalia does not assume any responsibility on any Subscriber or visitor submitting such User Contents either. If you observe activities by any person that is in violation of this Agreement, please contact and inform us at firstname.lastname@example.org
6. Compliance With Laws
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conducts and unlawful exportations of software or technical data to restricted individuals or countries.
7. Communications With You
Castalia may contact you via email with regards to your use of this Application or your submission of User Contents. You agree to receive emails from Castalia, or its designee, necessary for the normal functioning of this Application or in connection with the Castalia Services.
8. Limitation Of Liability
You understand and agree that Castalia shall not be liable for any direct, indirect, special, consequential, incidental, or punitive damages of any nature (including without limitation damages resulting from lost data), for any reason (including without limitation actions resulting from the use or inability to use this Application, or Castalia’s negligence or misconduct), whether based on warranty, contract, tort, or any other legal theory, and whether or not Castalia is advised of the possibility of such damages.
9. Disclaimer Of Warranties
Castalia strives for accuracy in every single element of the Application; however, the Application may contain inaccuracies or typographical errors. Castalia cannot be responsible for the reliance of the Visitors or the Subscribers based upon any violation of these terms by the Visitors or the Subscribers, or upon any false or misleading material submitted by other Visitors or Subscribers. Castalia is not responsible for the accuracy, reliability, integrity, or timeliness of any material on this Application, or about the results to be obtained from using this Application or from relying on the Site Contents. You use this Application and the Application Contents at your own risk.
This Application may include links to other websites. Castalia is not responsible for any content, accuracy or opinions expressed on such websites. Castalia does, in no way, investigate, monitor or check for accuracy or integrity of such websites. Inclusion of any linked website from this Application does not imply Castalia’s approval or endorsement of the linked website. When you access these third-party websites, please do so at your own risk.
Castalia does not guarantee the following:
· That this Application will operate error-free
· That this Application and its web servers are free of computer viruses, worms, or other harmful materials(The standard of the safety of this Application relies on the screening standards of Apple Corporation’s AppStore [iOS], and Google Corporation’s Android Market [Android], respectively)
· That the quality of any material obtained by you through the Application in connection with the Castalia Services will meet your expectations
· That this Application will operate on a permanent basis
Castalia assumes no responsibility or liability for any lost data, error, omission, interruption, deletion, defect, delay in operation or transmission, communication line theft, destruction, unauthorized theft, or alteration of any Visitor or Subscriber. Castalia is not responsible or liable for any problem or technical malfunction of any telephone network or line, computer online system, server or provider, computer equipment, software; failure of any email due to technical problems or excessive concentration of traffic on the Internet or on any of the Castalia Services or combination thereof; included by not limited to any injury or damage to a Visitor’s or a Subscriber’s or any person’s computer attributed to the participation or downloads of materials in connection with the Castalia Services. Under no circumstances shall Castalia be responsible for any loss or damage, including but not limited to personal injuries or deaths resulting from the use of this Application or the Castalia Services, from any User Contents submitted to the Castalia Site, or from the conduct of any Subscriber or Visitor using the Application or the Castalia Services, whether online or offline. If your submission of a User Content or use of the Site Contents results in any costs or expenses, including but not limited to the need for servicing or replacement of equipment or date, Castalia shall not be responsible for those costs or expenses. This Application, Site Contents, and Castalia Services are provided to you for use on an “as is” basis without any warranties of any kind. Castalia, to the fullest extent permitted by law, disclaims all warranties, including the warranty of merchantability, non-infringement of third parties’ rights (including without limitation third party intellectual property rights), and the warranty of fitness for particular purposes.
By using this Application and/or the Castalia Services, you agree to defend, indemnify, and hold harmless Castalia, its officers, directors, employees, agents, shareholders, and affiliates from and against any losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that Castalia may become obligated to pay arising or resulting from your use of the Application, the User Contents, and the Castalia Services, or your breach of this Agreement. Castalia reserves the right to assume or participate, at your expense, investigation, settlement, and defense of any such action or claim.
11. Governing Law
These Terms and Conditions are governed by applicable U.S. federal law and the substantive laws of the State of New York, without respect to its conflict-of-laws principles. You agree to submit to the exclusive jurisdiction of the courts of Tokyo, Japan with respect to any dispute, disagreement, or cause of action related to this Application, and specifically, the Tokyo District Court of Japan in the first instance. If any provision of this Agreement is found to be invalid by any court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on our Site, this Agreement constitutes the entire agreement between you and Castalia with respect to your use of this Application and the Castalia Services.
12. Usage Of Location Information
This Application has certain functions that may rely on your location information (hereinafter “Location Information Function”). As long as you use the Location Information Function, you agree and consent that Castalia collects, transmits, manages, processes, and uses your location information. The collected location information will not be managed in any form that you may be personally identified. You may withdraw from this consent at any time by turning off the location information service settings on your device. Castalia assumes no responsibility in any loss or damage to you resulting from the usage of the Location Information Function. The terms of the usage of the location information relies on the “Location Data” section of Apple Corporation’s Software License Agreement
This section explains how personal information is collected, used, and disclosed with respect to your use of this Application. This section may be modified from time to time without prior notice.
13.1 Definition of “Personal Information”?
13.2 Personal Information Collected By Castalia
Castalia collects the profile and e-mail address that you transmit upon account creation. In addition, when you use this Application, your Internet Protocol address (IP address), OS, the version of this Application, location information (which relies on the “Location Information” section), and the usage situation of this Application will be linked to the information you transmitted at time of aforementioned account creation, and will be collected automatically as personal information. Anything other than those is not treated as personal information.
13.3 Usage Of Personal Information
Examples of purposes of usage of personal information are:
· To provide services that cater to your wish
· To reply to your email and answer your requests and question
· To monitor and analyze the usage situation of the Application in order to improve the services to more personalized ones (including but not limited to advertisements and contents matching your interest and functions that cater to your requests)
· To inform you with security alerts and confirmation, and to provide updates
· To improve the services in other ways
13.4 Disclosure Of Personal Information To Third Parties
· With service providers who are working with Castalia in connection with the operation of this Application
· When Castalia notifies you in a particular manner that we will be disclosing your personal information, and you grant us consent
· When we are lawfully required to provide personal information, and when Castalia confirms that the third party is lawfully authorized to obtain personal information and that the disclosure of personal information is necessary
· When Castalia is in need of transferring its business assets due to reasons such as mergers with other companies
13.5 Links To Other Sites
Castalia takes reasonable measures in treating your personal information and make the best efforts to prevent its theft, misuse, and abuse. Please be aware, however, that our efforts do not guarantee perfect security. We ask that you kindly take care in treating your personal information.
If you have any question or concern, please contact us via email at email@example.com
- Partially amended as of May 28, 2015.