Master Ruby with Minituku

Terms of Service

Article 1. Purpose

1. Network Applied Communication Laboratory Ltd. (“NaCl”) sets forth the following MINITUKU Terms of Service (“TOS”) and permits users to use the MINITUKU Web Service (“the Service”) in accordance with these TOS.
2. By using the Service, the User agrees to abide by these TOS as well as by any other rules or guidelines of use prescribed by NaCl.

Article 2. Definitions

1. The terms used in these TOS have the following meanings.
   1. “the Site” refers to the following website operated by NaCl:
      Website name : “MINITUKU”
      Website URL: http://www.minituku.net
   2. “the Service” refers to the application services and the web site services provided by NaCl to the User upon the Site.
   3. “the User” refers to a person who has gone through OpenID authentication, and who is using the Service.
   4. “OpenID” is the authentication mechanism employed by the Service in order to determine the access rights of the User. The “OpenID” mechanism delegates the authentication process to the “OpenID provider” and allows the Service to authenticate the User without the need to store locally information about the user’s identity.
   5. “OpenID provider” refers to the party to whom the Service delegates the user authentication process. The OpenID provider stores the identity information necessary to perform the user authentication.
   6. “User ID” refers to an unique URL which is issued by the OpenID provider and which is used to uniquely identify the User on the Service.
   7. “Password” means the information supplied by the User to the OpenID provider during the authentication process which is used by the OpenID provider to ensure that the User is the rightful owner of the User ID.
   8. “Posting” and other forms hereof refers to the act of uploading text or other information on the Site as done by the User.
   9. “Recorded information” refers to personal information recorded on a per user basis as deemed necessary by NaCl in order to provide the Service.
   10. “Administrators” means any NaCl employees charged with the management and operation of the Service, as well as any NaCl employees responsible for the provision of the Service.

Article 3. Changes to these Terms of Service

1. NaCl may change these TOS at any time, whenever NaCl deems it necessary to do so.
2. Any changes to these TOS become effective once the changed TOS are displayed on the Site, unless otherwise specified by NaCl.
3. The User is considered to agree to and to be subject to the changed TOS as soon as the TOS becomes effective.

Article 4. Handling of Personal Information

1. Information registered by the User and information about the User obtained by NaCl will be handled in accordance with the Privacy Policy as set forth by NaCl.

Article 5. Environment Settings

1. The User must purchase and set up the terminal and other equipment necessary to use the Service at their own responsibility and expense.

Article 6. Management of User ID and Password

1. The Service uses OpenID authentication, and the Site does not store the User’s Password.
2. The User is responsible for appropriately and safely managing the User ID and Password supplied by the OpenID provider.
3. NaCl will not be held liable for any damage incurred by the User or a third party as a result of improper handling of the User ID and Password.

Article 7. No Assignment, Sale or Pledge

1. The User may not assign, sell or pledge their position or rights under these TOS to any third party without obtaining permission from NaCl.

Article 8. Disclaimer of Guarantee

1. NaCl provides the Service to the User as is and to the extent available.
2. NaCl does not guarantee any of the following:
   1. that the content of the Service meets the demands of the User or is beneficial to the User;
   2. that part or all of the Service will not be interrupted, suspended or discontinued;
   3. that the content of the Service will not be amended or deleted;
   4. that the Service will be provided in a timely manner;
   5. that the Service is safe;
   6. that no error will occur in the Service;
   7. that the information offered through the Service is accurate, legal, ethical, moral, up-to-date, appropriate or reliable;
   8. that the Service is not defective in any way;
   9. that any act by the User using the Service will fulfill the specific purpose of the User;
   10. that information posted on the Service and other Recorded Information will not disappear;
   11. that the User will achieve his or her learning goals or gain the expected outcome from his or her use of the System.
3. NaCl may delete, at its own discretion, content posted by the User or by the Administrators.
4. NaCl will not be held liable for any damages arising from or in connection with the deletion of the content.
5. If any part or all of the information posted by Users and stored in the equipment necessary to operate the Service disappears or is falsified by a third party, or if the Service is interrupted, NaCl will make efforts to recover the posted information or the Service to the extent technically possible.
6. NaCl will be exempt from compensating the User for any damage incurred by the User in connection with the disappearance, falsification or interruption by making efforts to recover the information or Service.
7. NaCl will not be liable for any damage to a computer or other device or data of the User arising from or in connection with the use of the Service.
8. NaCl will not be responsible for any information (including text, images and other information) posted by the User even when the internal rules of a corporation or an organization to which the relevant User belongs apply.

Article 9. Prohibited Acts

1. The following acts are defined as prohibited acts in the context of this Service. The User is prohibited from engaging in these acts while using the Service. If NaCl discovers that the user is engaging in one or more of these prohibited acts, NaCl may warn the User, remove information posted by the User, delete the Recorded Information pertaining to the User, or take any other necessary and appropriate measures. Furthermore, NaCl has the right to determine the details of the measures to be taken and will not acknowledge any question or claim regarding the results of the determination.
   1. Acts which infringe on the patent rights, utility model rights, design rights, trademark rights, copyright, trade secrets or other intellectual property rights of a third party or of NaCl, or acts that are likely to cause such infringement
   2. Acts which infringe on the property, privacy rights or image rights of a third party, or acts that are likely to cause such infringement
   3. Acts that offend public order or morals
   4. Acts that violate any law or ordinances
   5. Acts of discrimination against, or insult or maliciously slander of, a third party, acts that damage or infringe, or are likely to damage or infringe on the honor or credibility of a third party
   6. Acts of intimidation or harassment of a third party, or acts that otherwise economically or psychologically damage or disadvantage a third party
   7. Criminal acts or involvement in criminal acts
   8. Submitting or sending content including images of violence or cruelty that is likely to make a third party uneasy or images or messages including indecent or abusive scenes that are likely to adversely affect the development of a child or young person’s personality
   9. Submitting information for the purpose of meeting, interacting with or conducting indecent acts with a person with whom the User is unacquainted, or submitting information with an age restriction
   10. Pre-election campaigning, election campaigning or similar acts, or acts that conflict with the Public Offices Election Act
   11. Religious activities or similar, or soliciting a third party to join a religious group or similar group
   12. Using the service while impersonating another person or using the service for commercial purposes without obtaining prior permission from NaCl
   13. Using the name of a company or an organization for which the User does not have any right of representation or power of attorney, or misrepresenting a partnership or collaborative relationship with another company, or other misleading acts
   14. Soliciting a third party to join a pyramid scheme or other multi-level marketing scheme, or an adult website
   15. The act of requesting the forwarding of chain-emails or the act of sending or forwarding of chain-emails
   16. Dissemination of problematic misinformation or rumor
   17. Collecting or disclosing a third party’s personal information without the explicit consent of said third party or in a fraudulent manner
   18. Sending, or otherwise making available to third parties, a computer virus or other harmful computer programs, including the posting of URLs to such programs or files
   19. Acts that interfere with or obstruct the operation of the Service or the use of the Service by a third party, or acts that NaCl otherwise deems inappropriate based on reasonable grounds

Article 10. Prohibition or Suspension of Use of the Service

1. NaCl may prohibit or suspend the User’s usage of the Service without notice, or take other measures that NaCl deems necessary, should any of the following occur:
   1. The User’s actions infringe on, or are likely to infringe on, the reputation, credibility or privacy of NaCl, or of a third party.
   2. The User’s actions infringe on, or are likely to infringe on, the copyright or other intellectual property rights of NaCl or of a third party.
   3. The User loses, damages or steals, or is likely to lose, damage or steal, systems or data belonging to NaCl or to a third party.
   4. The User engages in unauthorized use of the User ID or Password.
   5. The User engages in, instigates to or facilitates unlawful acts, or is likely to do so.
   6. The User engages in, or is likely to engage in, actions that interfere with or hinder the provision of the Service.
   7. The User engages in, or is likely to engage in, actions that interferes with or hinder the use of the Service by a third party.
   8. The User violates these TOS.
   9. It is discovered that the User have previously been prohibited from using the Service as a result of having violated these TOS or other rules and warnings set forth by NaCl.
   10. NaCl otherwise deems it necessary.
2. In the case that NaCl chooses to prohibit or suspend the use of the Service by a user, NaCl will not be obligated to disclose the reason therefor to the User in question.

Article 11. Copyright

1. The copyright of the text, images, movies, programs and other works that make up the Service belongs to NaCl or to the creator thereof, with the exception of materials created by the Users.
2. The User may not reprint, copy, analyze, alter, translate, lend, sell, distribute or make derivative works of the works set forth in Article 11.1 without obtaining the explicit permission from NaCl or the creator.
3. The copyright of any text, image, movie, music or other works posted or edited by the User using the Service belongs to the User.
4. Any text, image, movie, music or other works posted or edited by the User using the Service and any related derivative works may be used by NaCl and its cooperative partners for the sites and services provided by NaCl and its cooperative partners, after taking measures deemed necessary by NaCl.
5. The User may not exercise the moral rights of the copyright holder upon the use by NaCl and the cooperative partners as outlined in Article 11.4.

Article 12. Disclaimer of Responsibility

1. By using the Service the User agrees to the following:
   1. Any dispute between Users of the Service will be resolved by the Users involved, and NaCl will have no liability in the relation to such disputes.
   2. In the case that the User violates the rights of a third party (by engaging in actions including but not limited to defamation, violation of privacy rights, disclosure of personal information of a third party without permission, violations the Copyright Act or the like), that User must resolve the violations on his or her own responsibility and expenses, and NaCl will have no liability therefor.
   3. NaCl will not be liable for any damages, direct or indirect, incurred by a User or a third party due to the loss or disclosure of data or caused by unintended use of the Service.
   4. NaCl will not be liable for any damages incurred by the User or a third party due to delay, interruption, change, termination, registration, prohibition etc. of the use of the Service.
   5. NaCl makes no guarantees as to the learning results or benefits of using the Service.
   6. NaCl makes no guarantees as to the completeness, accuracy, reliability of usefulness of the content available to the User through the Service.
   7. NaCl will not be responsible or liable for any violations caused by the content posted by the User of the internal rules or regulations of a corporation or an organization to which the relevant User belongs.

Article 13. Suspension of the Service

1. NaCl may suspend, with prior or subsequent notice, the provision of the Service in any of the following events:
   1. NaCl finds it necessary to perform maintenance, inspection or additional outfitting of the servers or peripheral equipment.
   2. NaCl finds it necessary to take the servers or peripheral equipment off-line to prevent infection by a computer virus.
   3. Force majeure due to large scale disasters or similar events makes the provision of the service impossible.

Article 14. Termination of the Service

1. NaCl may at any time and at its own discretion cease to provide the Service or any part of the Service if it deems it necessary.
2. In the event that NaCl decides to cease to provide the Service or any part of the Service, NaCl will notify the User 3 months in advance. However, in the event that the Service must be closed due to unforeseeable reasons, such as natural disasters or other unavoidable circumstances, NaCl will notify the User as soon as possible after the termination of the Service.

Article 15. The Effectiveness of Notification

1. The User shall be considered notified, when NaCl has sent or posted the notification message, regardless of whether or not the message reaches the User.

Article 16. Damages

1. In the event that NaCl incurs damage as the direct or indirect result of the User breaching these TOS, NaCl may seek compensation from the User.

Article 17. Governing Law and Jurisdiction

1. The use of the Service and the interpretation and application of these TOS is governed by the law of Japan, except where special regulations apply. Furthermore, any disputes related to the use of the Service shall be be submitted to The Matsue District Court as court of first instance, except where special regulations apply.