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はてなキーワード:trademarkとは
モンスターエナジーの商標イチャモン(Trademark bullying)、あれもう常軌を逸してるよな。
飲料に限らずモンスターが含まれるあらゆる商品名に対してクレームを付けてくるスタンス。
裁判になっても棄却されてるらしいけど棄却されてるからなんになるんだって話だと思わん？
どうせ棄却されるからといってクソな行為を許す理由にはならねーのだわ。
モンエナを打倒していく必要があるのだ。
でも万が一終売になったらレッドブルとライフガードだけになるからちょっと困る。
そこでMAMONO ENERGYを発売する。
モンスターのつく商品にイチャモンをつけてくるのであえてMAMONOで攻める。
フランク三浦みたいな。
味と商品のデザインは知財の専門家と協議に協議を重ねて商標的にギリギリのギリを極めた限りなくギリセーフのラインを狙っていく。
宣伝にあたってはモンスター社の悪行を世間に訴える手法も併用する。
モンスター社のこれまでの悪行を並べ立てて「モンエナ ダメゼッタイ」というメッセージを発していくのだ。
「Noモンエナ」の意思表明としてのMAMONO ENERGY。
モンエナの完全上位互換（誤用）としてのMAMONO ENERGYとして売り出していく。
Thiscaseis a suit for rescission of atrial decisionon a request for invalidation oftrademark registration. Theissues are (1)
(1) Whether theregistered trademark (hereinafter referred toas "thetrademark") (1) Whether or not theregistered trademark (hereinafter referred toas the "Trademark") in the following paragraph (1) falls under thetrademark
(2) Whether or not thetrademark falls under Article 3(1)(iii) of theTrademark Law, (3) Whether or not thetrademark falls under
(iii) Whether or not thetrademark falls under Article 4(1)(xvi) of theTrademark Law.
The defendantis the owner of the followingregistered trademark (the "Trademark") (A-1-1and A-2,
(A1-1and A2; hereinafter referred toas the "Registered Trademarks"). (1) Registrationnumber
(1) RegistrationnumberTrademark registration No. 6399042
(2)Date of registrationMay24, 2021 (hereinafter referred toas the "Date of Decision")
(3)Date of registration:June 7, 2021
(4)Trademark consists of thewords "curly bangs curler" (standard characters)
(5) Classification of goods and services and designated goods
Class 26 "Headgear, hair curlers (excluding electricones) (hereinafter referred toas "hair curlers")
15, Class 26 "Hair curlers (excluding electricones)" (hereinafter the "goods in question") (Hereinafter, the "hair curlers (excluding electricones)" in Class 26 of this Article are referred toas "the goods in question").
(2)Background of the proceedings before theJapan Patent Office
OnJune 2, 2022, the plaintiff filed a request for atrial for invalidation of thetrademark registration for the goods in question.
TheJapan Patent Office examined thecaseas invalidationcase No. 2022-890041 (not disputed).
The Patent Office examined thecaseasCase No. 2022-890041, whichis invalid (no dispute). The Patent Office examined thecaseas invalidationcase No. 2022-890041 (no dispute).
OnFebruary 14, 2023, theJPOissued a decision that "the request for atrial in thiscasedoes not stand. (hereafter, "thetrial decision").
(hereinafter referred toas "thetrial decision"),and a transcript of thetrial decisionwas filed. A certified copy of the decisionwas served upon the plaintiffonFebruary 27, 2023 (summary of arguments).
The transcript of thetrial decisionwas served upon the plaintiffonMarch 27, 2023 (summary of argument).
OnMarch 27, 2023, the plaintiff filed this lawsuit seeking revocation of thetrial decision.
3Summary of reasons for thetrial decision
25 (1) Applicability to Article 3(1)(iii) of theTrademark Law
(a) Thetrademark in thiscase represents thewords "curly bangs curler" in standard characters.
The letters of thetrademark are of the same size and typefaceand are arranged in a horizontalline withoutany spacebetween the letters.
The letters of thetrademark should be "hair curler" and the letters of thetrademark should be "hair curler".
The component characters of thetrademark are "Spinningon aspur of themoment. The component characters of thetrademark are "Spinning with a spritz.
The component characters of thetrademark are "thestate of spinning with aspur of themoment. (A8), whichis anonomatopoeicword indicating "a bundle of hairon the forehead of aman orwoman" (A9), and "a bundle of hairon the forehead of aman orwoman" (A10).
(A8); the character for "bangs" (A11), which means "a bundle of hairon the forehead of aman orwoman"; the character for "bangs" (A11), which means "a cylindricalpiece of hair thatis
The character for "curler" (A12), which means "a cylindricaltool for curling hair around the head",is used in the same wayas the character for "curler" (A13).
The character for "curler" (A12), which means "a cylindricaltool for curling hair,"is combinedwith the characters for "bangs" (A11) and "curler" (A12), which means "a cylindricaltool for curling hair.
The constituent charactersas a whole are insufficient to specify the meaning of theword or sentence, and therefore, the meaning of each characteris not clear.
Therefore, even though the lettersmay evokevague meanings corresponding to the meanings of the letters, the specific meanings are not immediately recognizable or understandable.
Therefore, even if thewords areassociated withvague meanings corresponding to the meanings of the letters, they are not immediately recognizable or understandableas a quality indication of the goods.
Thewords lack specificityas an indication of the quality of the product.
アーサー・コナン・ドイルってまだ生きてたのか。
togetterは見てないけど、
『で？』っていう
https://www.nytimes.com/2010/01/19/books/19sherlock.html
https://www.arthurconandoyle.com/copyrights.html
https://scholar.google.com/scholar_case?case=16324874357219278010&hl=ja&as_sdt=0
I. INTRODUCTION
These Terms of Use and EndUser LicenseAgreement (collectively, the “Agreement”)together withall the documents referred to init constitute a legally bindingagreementmadebetweenyouas anatural person (“you”, “your” or “user”) and We (“we,” “us” or “our”), concerningyouraccess to and use of thesoftwareapplication formobile devices (the “App”).
All the documents that relate to the App are herebyexpressly incorporated hereinby reference.
Please read thisAgreement carefully beforeyoudownload, install or use the App.
Itis important thatyou read and understand thisAgreementasbydownloading, installing or using the Appyou indicate thatyou have read, understood, agreedand accepted theAgreement whichtakes effecton thedateon whichyoudownload, install or use the App.By using the Appyou agree to abideby thisAgreement.
Ifyou do not agree with (do notaccept) thisAgreement, or ifyou do not agreeat least withone of the provisions of thisAgreement,you are notauthorized to, andyoumay notaccess,download, install or use the App andyou must ly discontinuedownloading, installing the App and remove (delete) the App fromanymobile device inyour possession or underyour control.
We reserve the right,at oursole discretion, tomakechanges or modifications to thisAgreementatanytime and foranyreason. Wewill keepyou informed aboutanychangesby updating thisAgreement andyouwaiveany right to receive specific notice of each suchchange.Itisyour responsibility to periodicallyreview thisAgreement tostay informed of updates.Youwill be subject to, andwill be deemed to be aware of and to haveaccepted,the changes inany revisedAgreementbyyour continued use of the App after thedate such revisedAgreementis posted.
III. RESTRICTIONSONWHO CAN USE THE APP
In order todownload, install,access or use the App,you must (a) be eighteen (18) years ofage or older.
Alluserswho are minors in thejurisdiction in which they reside (generally under theage of 18) must have the permission of, and be directly supervisedby, their parent or guardian to use the App, so ifyou arebetween theages of thirteen (13) andseventeen (17) years andyouwish to usedownload, install,access or use the App, before doing soyou must: (a)assure and confirm (ifneeded) thatyour parent or guardian have readand agree (getyour parent or guardian’s consent) to thisAgreement prior toyou using the App; (b) havethe power to enter a binding contract with us and not be barred from doing so underany applicablelaws.
Parents and guardians must directly superviseany use of the Appby minors.
Any person under theage of thirteen (13) yearsis not permitted todownload, install,access or use the App.
You affirm thatyou are eithermore than eighteen 18 years ofage, or an emancipated minor, or possess legal parental or guardian consent,and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warrantiessetforth in thisAgreement, and to abideby and complywith thisAgreement.
IV. GENERAL TERMS
The Appis a utility program designed to enhanceyour device experience. The Appallows toscanany types of document to high qualityPDF orJPEG; to save and storeanyscan copies of documentsonyourmobile devices; toshareyourscansvia email; uploadscanned documents to cloud serviceslikebox,Evernote orGoogle Drive (see the full performance liston the App’s pageonitunes.apple.com).All documents shall be stored locallyonyour device and shall never be sent toany third-party unlessyou export them to other apps or devicesby means of the App.
The Appis intendedonly foryour personal non-commercial use.You shall use the Apponly for the purposes, mentioned above.
V. PRIVACY POLICY
Your privacyis very important to us. Accordingly, we have developed the Privacy Policy in order foryou to understand how we process, use and store information including personal data.Access to the App and use of the Servicesis subject to the Privacy Policy.Byaccessing the App andby continuing to use the Services,you are deemed to haveaccepted the Privacy Policy, and in particular,you are deemed to have acknowledged the ways we processyour informationas wellas appropriate legal grounds forprocessing described in the Privacy Policy. We reserve the right to amend the Privacy Policy fromtime totime. Ifyou disagree withany part of the Privacy Policy,you must immediately stop using the App and Services. Please read our Privacy Policy carefully.
By using the App,you undertake torespect our intellectual rights (intellectual rights related to the App’s source code,UI/UX design, content material,copyright andtrademarks, hereinafter referred toas the “Intellectual Property Rights”)as wellas those ownedby third parties.
As longasyou keep using the App, weyou a limited, non-exclusive, non-transferable non-sublicensable, non-assignable and revocable license toaccess and use the App pursuant to thisAgreementonanyApple-branded products thatyou own or control except that the Appmay beaccessed and usedby other accountsassociatedwith youvia Family Sharing or volume purchasing (the “License”).
The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds,music orvideo (hereinafter – the “works”)as wellas names,logos andtrademarks (hereinafter – “means of individualization”) within the App are protectedbycopyrightlaws and other relevantlaws and/orinternational treaties, and belong to us and/or our partners and/or contracted third parties,as thecasemaybe.
In the event ofany third party claim thatyour possession and use of the App infringes that third party’sintellectual property rights,Applewill not be responsible for the investigation, defense,settlement anddischarge ofany suchintellectual property infringement claim.
These works and means of individualizationmay not be copied, reproduced, retransmitted, distributed, disseminated, sold, published,broadcasted or circulated whether inwhole or in part, unlessexpressly permittedby us and/or our partners and/or contracted third parties,as thecasemaybe.
All rights,title and interest in and to the App andits content, works and means of individualizationas wellasits functionalities (1) arethe exclusive property of We and/or our partners and/or contracted third parties, (2) are protectedby the applicableinternational andnational legal provisions, and (3) are under no circumstances transferred (assigned) toyou in full or in part within the context of the license herewithin.
Wewill not hesitate totake legalaction againstany unauthorized use of ourtrademarks, names or symbols to protect and restore our rights.All rights notexpresslyed herein are reserved. Other product and company names mentioned hereinmay also be thetrademarks of theirrespective owners.
You agree not to use the App inany way that:
is unlawful, illegal or unauthorized;
is defamatory ofany other person;
infringesanycopyright, right ortrademark ofany other person;
advocates, promotes orassistsany unlawfulact suchas (by way of exampleonly)copyright infringement orcomputer misuse.
You shall notmake the App available toany third parties. Inaddition,you shall not modify, translate into other languages, reverse engineer, decompile, disassemble orotherwise derivative works from the App orany documentation concerning the App.
You shall not transfer, lend,rent, lease, distribute the App, or useit for providing services to a third party, orany rights to the App orany documentation concerning the App to a third party.
Misuse ofanytrademarks orany other content displayedon the Appis prohibited.
You shall not copy and/or duplicate and/or distribute and/or publish and/or useany content in the App, directly or indirectly,by way of aviolation of ourIntellectual Property Rights.
Moreover,you shall notmakeanyattempts to use the App or part thereof for malicious intentions.
Also we are not responsible for the wayyou use the App.
Itis clarified that wemay adopt, against auserwhoviolated the presentAgreement,any legal measuresat our disposal pursuant to the applicablelaws.
All disputes arising from the usage of the App, shall be governedby and construed in accordancewith thelaws ofthe United States of America, and shall be submitted to thesolejurisdiction of the competent courts ofNew York,New York,the United States of America.
VIII. AVAILABILITY OF THE APP, SECURITYAND ACCURACY
In order to use the App,you are required to have a compatiblemobile phone ortablet, andinternetaccess. However, pleasenote that we offeryou widgets that save translationsand allowyou toaccess them later in offline mode.
The Appis available fordownloading and installingon handheld compatiblemobile devices runningApple iOSOperating System11.0 with minimum system requirements.
We do not warrant that the Appwill be compatible withallhardware andsoftware whichyoumay use.
Wemake no warranty thatyouraccess to the Appwill be uninterrupted,timely orerror-free. NeitherdoesApple have an obligation whatsoever to furnishany maintenance and support services withrespect to the App.
You acknowledge the Appis providedvia theinternet andmobile networks and so the qualityand availability of the Appmay be affectedby factors outside ourreasonable control.
Theversion of the Appmay be upgraded fromtime totime toadd support for new functions and services.
Wemaychange or update the Appand anything described init without noticingyou. If theneed arises, wemay suspendaccess to the App, or closeit indefinitely.
You also warrant thatany information thatyou submit to usistrue, accurate and complete, andyou agree to keepitactualatalltimes.
You can discontinue using our Servicesatanytimeby choosing the relevant option inyouriTunes AccountSettings. Ifyou decide not to use the App foranyreasonyou should uninstall the App.
The Appis providedon a paid basis.Youwillneed to pay aone-time fee of $14.99 in order todownload the App.Onceyoudownload the App,youwillgetaccess toallits features.
Prices are in U.S. dollars,may vary in countries other than the U.S.and are subject tochange without notice.
Youmay be chargedbyyour communications service provider fordownloading and/oraccessing the Apponyourmobile phone ortablet device, soyou should check the terms ofagreementwith your operator. Thismay include data roaming charges ifyou do this outsideyourhome territory.All these charges aresolelyyour responsibility. Ifyou do not pay thebills related toyourmobile phone ortablet device, then weassume thatyou have the permission from the person thatdoesit before incurringany of these charges.
X. THIRD PARTYWEBSITES AND RESOURCES
The Appmaylinkyou to other siteson theInternet and contracted third parties to provideyou certain services. We have no controloverand accept no responsibility for the content ofanywebsite ormobileapplication to which alink from the App exists (unless we are the provider of thoselinkedwebsites ormobileapplications). Suchlinkedwebsites andmobileapplications are provided “asis” foryourconvenienceonly with no warranty,express or implied, for the information provided within them.
You acknowledge thatyou must comply with applicable third party terms ofagreement when using the App.You aresolely responsible for and bearall risks arising fromyour use ofany third-partywebsites or resources.
Ifyou haveany queries, concerns or complaints about such third partywebsites ormobileapplications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds)you must direct them to the operator of that third partywebsite ormobileapplication.
YOU AGREE THATYOUR USE OF THE APP ANDITS SERVICES SHALL BEATYOURSOLE RISK. THE SERVICESAND ALL THE MATERIALS, INFORMATION,SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “ASIS” AND “AS AVAILABLE”. WE DO NOTMAKEANY WARRANTIES OFANY KIND, EITHEREXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OFANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THISAGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINEDON OR THROUGH THE SERVICESWILL BE AVAILABLE, UNINTERRUPTED ORERROR-FREE, THAT DEFECTSWILL BE CORRECTED, OR THAT THE SER
I. INTRODUCTION
These Terms of Use and EndUser LicenseAgreement (collectively, the “Agreement”)together withall the documents referred to init constitute a legally bindingagreementmadebetweenyouas anatural person (“you”, “your” or “user”) and We (“we,” “us” or “our”), concerningyouraccess to and use of thesoftwareapplication formobile devices (the “App”).
All the documents that relate to the App are herebyexpressly incorporated hereinby reference.
Please read thisAgreement carefully beforeyoudownload, install or use the App.
Itis important thatyou read and understand thisAgreementasbydownloading, installing or using the Appyou indicate thatyou have read, understood, agreedand accepted theAgreement whichtakes effecton thedateon whichyoudownload, install or use the App.By using the Appyou agree to abideby thisAgreement.
Ifyou do not agree with (do notaccept) thisAgreement, or ifyou do not agreeat least withone of the provisions of thisAgreement,you are notauthorized to, andyoumay notaccess,download, install or use the App andyou must ly discontinuedownloading, installing the App and remove (delete) the App fromanymobile device inyour possession or underyour control.
We reserve the right,at oursole discretion, tomakechanges or modifications to thisAgreementatanytime and foranyreason. Wewill keepyou informed aboutanychangesby updating thisAgreement andyouwaiveany right to receive specific notice of each suchchange.Itisyour responsibility to periodicallyreview thisAgreement tostay informed of updates.Youwill be subject to, andwill be deemed to be aware of and to haveaccepted,the changes inany revisedAgreementbyyourcontinued use of the App after thedate such revisedAgreementis posted.
III. RESTRICTIONSONWHO CAN USE THE APP
In order todownload, install,access or use the App,you must (a) be eighteen (18) years ofage or older.
Alluserswho are minors in thejurisdiction in which they reside (generally under theage of 18) must have the permission of, and be directly supervisedby, their parent or guardian to use the App, so ifyou arebetween theages of thirteen (13) andseventeen (17) years andyouwish to usedownload, install,access or use the App, before doing soyou must: (a)assure and confirm (ifneeded) thatyour parent or guardian have readand agree (getyour parent or guardian’s consent) to thisAgreement prior toyou using the App; (b) havethe power to enter a binding contract with us and not be barred from doing so underany applicablelaws.
Parents and guardians must directly superviseany use of the Appby minors.
Any person under theage of thirteen (13) yearsis not permitted todownload, install,access or use the App.
You affirm thatyou are eithermore than eighteen 18 years ofage, or an emancipated minor, or possess legal parental or guardian consent,and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warrantiessetforth in thisAgreement, and to abideby and complywith thisAgreement.
IV. GENERAL TERMS
The Appis a utility program designed to enhanceyour device experience. The Appallows toscanany types of document to high qualityPDF orJPEG; to save and storeanyscan copies of documentsonyourmobile devices; toshareyourscansvia email; uploadscanned documents to cloud serviceslikebox,Evernote orGoogle Drive (see the full performance liston the App’s pageonitunes.apple.com).All documents shall be stored locallyonyour device and shall never be sent toany third-party unlessyou export them to other apps or devicesby means of the App.
The Appis intendedonly foryour personal non-commercial use.You shall use the Apponly for the purposes, mentioned above.
V. PRIVACY POLICY
Your privacyis very important to us. Accordingly, we have developed the Privacy Policy in order foryou to understand how we process, use and store information including personal data.Access to the App and use of the Servicesis subject to the Privacy Policy.Byaccessing the App andby continuing to use the Services,you are deemed to haveaccepted the Privacy Policy, and in particular,you are deemed to have acknowledged the ways we processyour informationas wellas appropriate legal grounds forprocessing described in the Privacy Policy. We reserve the right to amend the Privacy Policy fromtime totime. Ifyou disagree withany part of the Privacy Policy,you must immediately stop using the App and Services. Please read our Privacy Policy carefully.
By using the App,you undertake torespect our intellectual rights (intellectual rights related to the App’s source code,UI/UX design, content material,copyright andtrademarks, hereinafter referred toas the “Intellectual Property Rights”)as wellas those ownedby third parties.
As longasyou keep using the App, weyou a limited, non-exclusive, non-transferable non-sublicensable, non-assignable and revocable license toaccess and use the App pursuant to thisAgreementonanyApple-branded products thatyou own or control except that the Appmay beaccessed and usedby other accountsassociatedwith youvia Family Sharing or volume purchasing (the “License”).
The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds,music orvideo (hereinafter – the “works”)as wellas names,logos andtrademarks (hereinafter – “means of individualization”) within the App are protectedbycopyrightlaws and other relevantlaws and/orinternational treaties, and belong to us and/or our partners and/or contracted third parties,as thecasemaybe.
In the event ofany third party claim thatyour possession and use of the App infringes that third party’sintellectual property rights,Applewill not be responsible for the investigation, defense,settlement anddischarge ofany suchintellectual property infringement claim.
These works and means of individualizationmay not be copied, reproduced, retransmitted, distributed, disseminated, sold, published,broadcasted or circulated whether inwhole or in part, unlessexpressly permittedby us and/or our partners and/or contracted third parties,as thecasemaybe.
All rights,title and interest in and to the App andits content, works and means of individualizationas wellasits functionalities (1) arethe exclusive property of We and/or our partners and/or contracted third parties, (2) are protectedby the applicableinternational andnational legal provisions, and (3) are under no circumstances transferred (assigned) toyou in full or in part within the context of the license herewithin.
Wewill not hesitate totake legalaction againstany unauthorized use of ourtrademarks, names or symbols to protect and restore our rights.All rights notexpresslyed herein are reserved. Other product and company names mentioned hereinmay also be thetrademarks of theirrespective owners.
You agree not to use the App inany way that:
is unlawful, illegal or unauthorized;
is defamatory ofany other person;
infringesanycopyright, right ortrademark ofany other person;
advocates, promotes orassistsany unlawfulact suchas (by way of exampleonly)copyright infringement orcomputer misuse.
You shall notmake the App available toany third parties. Inaddition,you shall not modify, translate into other languages, reverse engineer, decompile, disassemble orotherwise derivative works from the App orany documentation concerning the App.
You shall not transfer, lend,rent, lease, distribute the App, or useit for providing services to a third party, orany rights to the App orany documentation concerning the App to a third party.
Misuse ofanytrademarks orany other content displayedon the Appis prohibited.
You shall not copy and/or duplicate and/or distribute and/or publish and/or useany content in the App, directly or indirectly,by way of aviolation of ourIntellectual Property Rights.
Moreover,you shall notmakeanyattempts to use the App or part thereof for malicious intentions.
Also we are not responsible for the wayyou use the App.
Itis clarified that wemay adopt, against auserwhoviolated the presentAgreement,any legal measuresat our disposal pursuant to the applicablelaws.
All disputes arising from theusage of the App, shall be governedby and construed in accordancewith thelaws ofthe UnitedStates of America, and shall be submitted to thesolejurisdiction of the competent courts ofNew York,New York,the UnitedStates of America.
VIII. AVAILABILITY OF THE APP, SECURITYAND ACCURACY
In order to use the App,you arerequired to have a compatiblemobile phone ortablet, andinternetaccess. However, pleasenote that we offeryou widgets that save translationsand allowyou toaccess them later in offline mode.
The Appis available fordownloading and installingon handheld compatiblemobile devices runningApple iOSOperating System11.0 with minimum systemrequirements.
We do not warrant that the Appwill be compatible withallhardware andsoftware whichyoumay use.
Wemake no warranty thatyouraccess to the Appwill be uninterrupted,timely orerror-free. NeitherdoesApple have an obligation whatsoever to furnishany maintenance and support services withrespect to the App.
You acknowledge the Appis providedvia theinternet andmobile networks and so the qualityand availability of the Appmay be affectedby factorsoutside ourreasonable control.
Theversion of the Appmay be upgraded fromtime totime toadd support for new functions and services.
Wemaychange or update the Appand anything described init without noticingyou. If theneed arises, wemay suspendaccess to the App, or closeit indefinitely.
You also warrant thatany information thatyou submit to usistrue, accurate and complete, andyou agree to keepitactualatalltimes.
You can discontinue using our Servicesatanytimeby choosing the relevant option inyouriTunes AccountSettings. Ifyou decide not to use the App foranyreasonyou should uninstall the App.
The Appis providedon a paid basis.Youwillneed to pay aone-time fee of $14.99 in order todownload the App.Onceyoudownload the App,youwillgetaccess toallits features.
Prices are in U.S. dollars,may vary in countries other than the U.S.and are subject tochange without notice.
Youmay be chargedbyyour communications service provider fordownloading and/oraccessing the Apponyourmobile phone ortablet device, soyou should check the terms ofagreementwith your operator. Thismay include data roaming charges ifyou do thisoutsideyourhome territory.All these charges aresolelyyour responsibility. Ifyou do not pay thebills related toyourmobile phone ortablet device, then weassume thatyou have the permission from the person thatdoesit before incurringany of these charges.
X. THIRD PARTYWEBSITES AND RESOURCES
The Appmaylinkyou to other siteson theInternet and contracted third parties to provideyou certain services. We have no controloverand accept no responsibility for the content ofanywebsite ormobileapplication to which alink from the App exists (unless we are the provider of thoselinkedwebsites ormobileapplications). Suchlinkedwebsites andmobileapplications are provided “asis” foryourconvenienceonly with no warranty,express or implied, for the information provided within them.
You acknowledge thatyou must comply with applicable third party terms ofagreement when using the App.You aresolely responsible for and bearall risks arising fromyour use ofany third-partywebsites or resources.
Ifyou haveany queries, concerns or complaints about such third partywebsites ormobileapplications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds)you must direct them to the operator of that third partywebsite ormobileapplication.
YOU AGREE THATYOUR USE OF THE APP ANDITS SERVICES SHALL BEATYOURSOLE RISK. THE SERVICESAND ALL THE MATERIALS, INFORMATION,SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “ASIS” AND “AS AVAILABLE”. WE DO NOTMAKEANY WARRANTIES OFANY KIND, EITHEREXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OFANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THISAGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINEDON OR THROUGH THE SERVICESWILL BE AVAILABLE, UNINTERRUPTED ORERROR-FREE, THAT DEFECTSWILL BE CORRECTED, OR THAT THE SERPermalink |記事への反応(0) | 23:18
