Terms of Service

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FeedWind Terms of Service

1. What are FeedWind Terms of Service?

  1. These Terms of Service provide for terms and conditions of the use of the service provided through FeedWind (hereinafter the “Service”) operated by Mikle Inc. (hereinafter the “Company”). In addition to these provisions, the terms of service include the privacy policy and other rules. In order to use the Service, you need to consent to these Terms of Service. you will be considered to have consented to the terms of service and agreed to become a party to the binding contract.
  2. Definitions
    Users: Persons or entities who create a FeedWind account. Or persons/entities who copy FeedWind code from a Web page of the Service, paste them in websites that you operate yourself or are involved with, and have FeedWind indicated thereon.
    FeedWind Pro: Paid version of FeedWind
    Free Version: Free version of FeedWind

2. What is service of FeedWind? When am I considered to have consented to the terms?

  1. The Service enables you to have feed content from RSS or social networks appear on a website where a code has been embedded. A user of the Free Version or FeedWind Pro may use it for commercial or non-commercial purposes.
  2. You may use our services only if you agree to form a binding contract with FeedWind, and only in compliance with these Terms of Service. You can use our services without creating FeedWind account. In this case, You will be considered to have consented to these Terms of Service when you embed a code, whether online or offline, in an HTML file or other coded environment.

3. To whom do the copyrights of an RSS feed belong?

Copyrights of an RSS feed displayed by a user through the Service will belong to the distribution source of the RSS feed. There are cases where the original distributors source page URL is not visible due to this service's settings. In this case,you must make sure to include a link in your site or take other measures to clarify the source site.

4. What am I prohibited from doing in FeedWind (prohibited matters)?

  1. The Company prohibits users from committing acts that fall under any of the items of Article 4.3. Users are also prohibited from distributing or presenting content falling under any of the items of Article 4.3 through the Service, or using the Service on a Web page/website, which contains content or expressions falling under any of the items of Article 4.3.
  2. If a user is in violation of the prohibited matters, the Company may, without advance notice, suspend the use of the Service or the distribution of widgets, or take other measures as necessary.
  3. Prohibited matters:
    • Act and expressions that correspond to or encourage child pornography or abuse;
    • Act and expressions to discriminate against other people on the basis of race, nation, belief, gender, social status, place of residence, physical characteristics, medical record, education, fortune or income;
    • Act and expressions that are contrary to public order and morals;
    • Act and content which infringe a third party’s copyrights, patent rights, intellectual property rights, property rights, image rights, publicity rights, privacy rights or other rights;
    • Act of altering the source code of the Service;
    • Act of placing excessive loads on the Company’s server, or an act that the Company considers may cause it;
    • Act of distributing malware or computer viruses through the Service;
    • Act of including a link through the Service to a site containing malware or computer viruses;
    • Act of hindering the operation of the Service;
    • Act in violation of laws and regulations;
    • Free Version user’s omission of including a link to the Service, or act of deleting it;
    • FeedWind Pro user’s act of transferring, assigning, creating a security interest in or otherwise disposing of the license without the Company’s permission; or
    • Other acts that the Company considers inappropriate.

5. What am I supposed to comply with when using FeedWind free of charge?

  1. You can use the Service free of charge on condition that you include a logo/link to the Service. Acceptable methods for implementation of the link will be provided for on the website separately.
  2. If a user is in violation of Article 5.1, the Company may, without advance notice, suspend the use of the Service or the distribution of widgets, or take other measures as necessary.

6. What is FeedWind Pro (paid version)? Are there any rules to comply with when using it?

  1. FeedWind Pro is service for which a user will use features not provided with the Free Version, by paying usage fees separately provided for by the Company. You acquire the status of the pro user when you pay the usage fees by the prescribed method.
  2. The Company may change, suspend, or terminate any feature and service dedicated to pro users. The Company strives to make known any change, suspension, or termination of a feature and service in advance. However, even if change, suspension, or termination of a feature and service is implemented, the Company will not return usage fees.
  3. The contract period of FeedWind Pro will be provided for on the website separately.
  4. In consideration of the use of the Service, you must pay the Company usage fees separately prescribed by the Company as indicated on the Company’s website in accordance with the payment terms designated by the Company. If you fail to settle payment, you will lose the right to use FeedWind Pro.
  5. If a user violates any of the items of the prohibited matters (Article 4.3) hereof, the Company may, without advance notice, suspend the use of the Service or the distribution of widgets, or take other measures on an as needed basis. In this case, the Company will not return usage fees of FeedWind Pro.
  6. If there is any change to information registered at the time of contract, a user must promptly give the Company notice of changed information.
  7. The Company will not undertake any responsibility for damage caused or induced by the fact that a user is unable to use FeedWind Pro due to a failure of the computer system or maintenance operations, except where it is attributable wilful misconduct or gross negligence by the Company.
  8. The Company may change usage fees of FeedWind Pro. However, even when it is the case, the Company will not collect additional fees (in the case of a price rise), or return fees (in the case of a reduction in price) in the middle of a contract period. Any changed fees will be applied at the time of contract renewal.
  9. Any dispute, which may arise regarding usage fees between a user of FeedWind Pro and a company acting as an agent of payment, will be settled between the parties and the Company will not undertake any responsibility.
  10. A user of FeedWind Pro may cancel the Service through the procedures prescribed by the Company. Upon the expiration of a remaining contract period, the use of FeedWind Pro will be terminated. However, even if a user cancels the Service in the middle of a contract period, the user must pay the full amount of usage fees, and any usage fee will not be returned on a per diem basis.

7. What stipulations does the Company provide for indemnity and damages?

  1. The Company does not warrant the accuracy, legality, appropriateness, morality, or existence of rights or licensing with respect to any content distributed through the Service.
  2. Even if a dispute arises between users or third parties out of content distributed through the Service, the Company will not be responsible for the infringement or dispute, except where it is attributable to wilful misconduct or gross negligence by the Company.
  3. The Company will not undertake responsibility for damage caused to a user arising out of suspension, termination, or change of the Service, except where it is attributable to wilful misconduct or gross negligence by the Company.
  4. The Company will make efforts to prevent content distributed through the Service from being contaminated with malware or computer viruses. Even if content should be contaminated with malware or a computer virus and should cause damage to a user, the Company will not undertake any responsibility for the damage, except where it is attributable to wilful misconduct or gross negligence by the Company.

8. Under what circumstances can the Company suspend the Service?

  1. The Company may suspend the Service in whole or in part if any of the following items applies:
    • When performing maintenance operations that the Company considers necessary in order to sustain Service operations;
    • When the Service is unable to be operated due to fire, power failure, natural disasters or other state of emergency;
    • When the Service is unable to be operated due to wars, civil wars, riots, disturbances or labor strikes;
    • When the Service is unable to be operated due to a computer program or server fault;
    • When the Service is unable to be operated due to a third party’s unauthorized access or contamination of computer viruses; or
    • Other cases that the Company considers compelling.
  2. If the Service is suspended due to maintenance work necessary for its operation, the Company will strive to make it known by giving reasonable advance notice on the website. However, this will not apply in the case of emergency.
  3. The Company will not undertake any responsibility for damage incurred by a user arising from measures taken by the Company for reasons falling under Article 8.1.

9. Can the terms of service or Service be changed?

  1. If the Company deems it necessary, the Company may, without advance notice to users, change these Terms of Service or the Service. However, where the Company considers that it may cause a tremendous impact to users, the Company will strive to make known any changes, by giving advance notice on the website or taking other measures.
  2. In the case of change of the terms of service, when a user has not resigned his/her membership within the period prescribed by the Company, the user will be considered to have consented to the terms, and the terms after change will bind the user.

10. What country’s laws govern FeedWind and the terms of service?

The use of the Service, and the application and interpretation of these Terms of Service will be governed by the laws of Japan.

11. Does the Company have any rules about consultation or a competent court?

  1. In the event that a question or dispute arises between the Company, users, or a third parties in relation to the Service or these Terms of Service, the parties must settle it in good faith in consultation with each other.
  2. Should a dispute or lawsuit arise between a user and the Company related to the use of the Service or application of these Terms of Service, it will be brought in the Tokyo District Court as the agreed exclusive jurisdiction of the first instance.

Established on October 24, 2007
Revised on December 15, 2015
Revised on October 5, 2016