Chapter 1: General Provisions
Article 1 (Application of Terms and Conditions of Use)
- These terms and conditions apply to all Open Badge usage services (hereinafter referred to as the “Service”) provided by LecoS, Inc. (hereinafter referred to as the “Company”) to recipients of Open Badges (hereinafter referred to as the “Recipients”).
Article 2 (Notification to Recipients)
- The notice set forth in the preceding paragraph shall take effect at the time the Company gives such notice as set forth in the preceding paragraph.
- Any notice given by the Company to the Recipients shall constitute part of these Terms.
Article 5 (Definitions)
- Open Badge
Open Badges are digital representations that comply with the Open Badges global standard set by IMS Global Learning Consortium, Inc. and represent a history of credentials, courses, academic credits and achievements, learning achievements, and information about qualifications and credits provided by the issuing entity.
- Open Badge Wallet
It is part of the Service’s functionality to display the Open Badges received by Recipients on the Internet.
Chapter 2: Receiving Open Badges
Article 6 (Acceptance of Open Badges)
- A Recipient will receive an Open Badge by registering their recipient information for the Open Badge on the Service.
- Please register the individual email address when registering information about the recipient.In case multiple persons are sharing one email address such as on the job or at school,we accept the registration of recipient information using the same email address based on unanimous agreement of all those involved.
- The Company shall grant the Recipient the rights to use the Open Badge Wallet as of the start date registered by the Recipient.
- If the Company deems necessary, the Company may request a Recipient to present necessary documents in order to verify the identity of the Recipient.
Article 7 (ID and Password)
- The Company shall issue an ID to the Recipient, which is required to use the Service.
- The Company shall not disclose the password registered by the Recipient for the Service to any third party.
Article 8 (Prohibition of Transfer, etc.)
A Recipient may not assign, sell, transfer, change the name of, pledge or otherwise encumber the rights held by the Recipient to a third party.
Article 9 (Notification of Changes)
- If there is any change in a Recipient’s information registered on the Service, the Recipient shall promptly notify the Company of the change in the prescribed manner.
- The Company shall not be liable for any disadvantage suffered by the Recipient as a result of failure to notify the Company in the preceding paragraph.
Article 10 (Equipment, etc.)
Recipients shall prepare, at their own expense and responsibility, the communication equipment, software and all other equipment necessary to use the Service, and shall install them in a state where the Service can be used. Recipients shall also connect to the Service via the Internet at their own expense and responsibility.
Chapter 3: Use of the Service
Article 11 (Services Provided)
The Company shall provide the Recipient with the Open Badge Wallet service to display on the Internet any Open Badges earned by the Recipient, and the following ancillary services (hereinafter referred to as “Ancillary Services”).
- Recipient’s profile registration
- Open Badge disclosure service
- Open Badge verification service
- Open Badge digital credential searching service
- Other services incidental to the above
Article 12 (Start of Service Use)
- Recipients shall be able to use the Service as of the first day of use of the Open Badge Wallet for which they have registered.
Article 13 (Discontinuation of Use of the Service)
If a Recipient wishes to discontinue using the Service, the Recipient shall notify the Company in accordance with the prescribed method.
Article 14 (Deletion of Open Badges)
Recipients may delete any or all of the Open Badges from the Service. At that time, the issuer will not be notified of the deletion of the Open Badge. However, once an Open Badge has been deleted by a Recipient, the deletion cannot be reversed and the registration cannot be restored.
Article 15 (Cancellation of ID and Password)
Article 16 (Suspension of Use of Open Badges)
The Company may suspend the use of a Recipient’s Open Badge upon notice to the Recipient if the content of the Recipient’s Open Badge is materially incomplete.
Chapter 4: Obligations of Recipients of Open Badges
Article 17 (Responsibility for Management of ID and Password)
- Recipients shall be solely responsible for the use and management of their own ID and password for use of the Service.
- The Company shall not be liable for any damages incurred by the Recipient due to a third party’s use of the Recipient’s ID and password, regardless of whether or not the Recipient was intentionally negligent.
- In the event that a Recipient loses their set password, or learns that their ID and password have been stolen or used by a third party, the Recipient shall immediately notify the Company and act in accordance with the Company’s instructions.
- Any use of the Service made with such ID and password shall be deemed to have been made by the relevant Recipient, and the relevant Recipient shall bear all other obligations.
Article 18 (Principle of Self-responsibility)
- Recipients shall be responsible for all actions taken using the Service with their IDs and passwords, and for the results of such actions, regardless of whether or not they themselves took such actions.
- The responsibility for the Recipients’ use of the Ancillary Services lies with the Recipients themselves.
- The Recipients acknowledge that the Company has no obligation to store the information for the Ancillary Services, and the Recipients shall back up the necessary information as appropriate at their own responsibility.
- The Recipients shall handle and resolve any inquiries, claims, etc. notified to it by a third party in connection with the use of the Service at their own responsibility and expense.
- If the Recipient has any requests, questions or claims regarding the actions of a third party, the Recipient shall directly notify the third party of such requests, questions or claims, and shall handle and resolve the consequences of such requests, questions or claims at the Recipient’s own responsibility and expense.
- In the event that a Recipient causes damage to the Company or a third party through the use of the Service, the Recipient shall compensate for such damage at the Recipient’s own responsibility and expense.
Article 19 (Other Prohibited Matters)
Recipients shall not perform the following acts on the Service.
- Unauthorized use of the ID and password.
- Registering with a stranger’s email address.
- Use or provision of harmful programs, such as computer viruses, through or in connection with the Service.
- Modification of all or part of the content or creation of derivative works based on the content.
- Any action that infringes or may infringe on the Company’s trademark rights or other intellectual property rights.
- Duplication, sale, or publishing of any data, information, text, software, etc. obtained through the Service beyond the scope of private use as permitted by the Copyright Act.
- Any action that infringes or may infringe upon the property, privacy or portrait rights of any third party.
- Discrimination or slander of a third party, or any act that damages the reputation or credibility of a third party.
- Criminal acts or acts that lead to or may lead to criminal acts.
- Activities related to sex, religion, or politics.
- An act that encourages any of the above acts.
- Other acts that the Company deems inappropriate.
Article 20 (Suspension and Cancellation of Usage Rights)
- The Company shall not be liable in any way for any damages incurred as a result of a Recipient’s inability to use the Service due to the measures taken in the preceding paragraph.
Article 21 (Compensation for Damages)
In the event that a Recipient causes damage to a third party, including the Company, as a result of violating the provisions of these Terms and Conditions or laws and regulations, the Recipient shall be liable for compensation for such damage, and the third party, including the Company, shall be exempt from responsibility.
Chapter 5: Handling of Personal Information
Article 22 (Personal Information)
- The Company will handle the following information as personal information.
- Registration information required to use the Company’s services, such as name and e-mail address.
- Information about the content of the service used.
- IDs and passwords granted by the Company for use of the Service.
- Information such as statements, questions, answers, responses to questionnaires, and replies to questions and answers made in the process of using the Service, as well as posted information.
- Information recorded in the process of using the Service, such as login and logout.
- Other information such as inquiries and applications made to and from the Company by e-mail, telephone, fax, letter, etc., as well as the Company’s answers and responses to such inquiries and applications.
- If a corporation, etc. to which an individual belongs uses the Service, and the individual agrees to the disclosure of information to the corporation, etc. to which the individual belongs, the individual’s personal information may be disclosed to the corporation, etc. to which the individual belongs.
- The Company shall not accept any personal information other than the personal information prescribed in Paragraph 1 of this Article.
Article 23 (Use of Personal Information)
- The Company may use the personal information prescribed in the preceding article for the following purposes.
- To provide the Service.
- To carry out operations incidental to the provision of the Service.
- To research and analyze trends in the use of the Company’s services.
- To research or develop new services for the Company.
- The Company shall entrust the handling of personal information to Net Learning Inc., whom are the Company’s business contractors, within the scope of use described in the preceding paragraph.
- If the recipient separately agrees to the disclosure of open badge information and personal information, we will disclose within this service the open badge information and personal information to the users of this service.
- Without prejudice to the application of the provisions of Paragraphs 1 and 2, the Company shall not disclose to third parties the personal information specified in the preceding article, except in the following cases:
- If the Recipient of a Badge has separately agreed to the disclosure of personal information.
- When information is handled jointly with or entrusted to a third party in order to achieve the purpose of use described in Paragraph 1.
- When personal information is transferred to a third party as part of business assets due to a business transfer or spin-off.
- When personal information is used mutually with a specific third party, and information regarding the purpose of use and the specific third party have been notified in advance or made public.
Chapter 6: Service Conditions, Change of Contents, Suspension and Cessation
Article 24 (Service Conditions)
The Company may monitor the use of the Service in relation to the operation of the Service and, if it deems necessary, may restrict access to the Service at its own discretion.
Article 25 (Change of Service Contents, etc.)
The Company may change the contents and name of the Service without prior notice to the Recipients.
Article 26 (Temporary Suspension of the Service)
- The Company may temporarily suspend the Service without prior notice to the Recipients in the event of any of the following events:
- If a problem occurs on the Internet and Internet access becomes unavailable.
- If a problem occurs with the communication facilities owned by the Internet connection service provider to which the Company has contracted Internet access for the Service, and Internet access becomes unavailable.
- In the event of periodic or emergency maintenance of the Service equipment, etc. However, if maintenance is to be performed on a regular basis, the Recipients shall be notified at least one (1) month in advance.
- In the event that the Service cannot be provided due to fire, power outage, etc.
- If the provision of the Service becomes impossible due to a natural disaster, such as an earthquake, volcanic eruption, flood, or tsunami.
- If the provision of the Service becomes impossible due to the spread of an epidemic or contagious disease.
- If the provision of the Service becomes impossible due to war, unrest, riot, disturbance, or labor dispute, etc.
- In any other cases where the Company deems it necessary to temporarily suspend the Service for operational or technical reasons.
- Even if the delay or interruption of the provision of the Service occurs due to any of the items of the preceding paragraph or other reasons, the Company shall not be liable for any damage suffered by the Recipients or a third party as a result.
Article 27 (Discontinuation of Service Provision)
The Company may discontinue the provision of all or part of the Service. In this case, the Company shall notify the Recipients at least three (3) months in advance.
However, this does not apply in the event of an emergency or unavoidable situation regarding prior notification.
Article 28 (Disclaimers)
- The contents of the Service shall be those that the Company is able to provide at the time.
- The Company shall not be liable for any loss or damage to the Recipients arising from the use of the Service (including loss or damage arising from trouble with a third party), nor shall the Company be liable for any loss or damage incurred by any third party, and shall have no obligation to compensate for such loss or damage.
- The Company shall not be liable for any loss or damage incurred by the Recipients or any third party due to the inability to use the Service as a result of access restrictions to the Service or the discontinuation or suspension of the Service for any reason whatsoever, and shall have no obligation to compensate for such loss or damage.
Chapter 7: Other items
Article 29 (Consultation)
If any dispute arises between a Recipient and the Company in relation to the Service, the parties concerned shall consult together in good faith.
Article 30 (Court of Exclusive Jurisdiction)
In the event that a lawsuit becomes necessary between a Recipient and the Company, the Tokyo District Court shall be the exclusive jurisdictional court of first instance between the Recipient and the Company.
Article 31 (Governing Law)
Article 32 (Language)
These regulations are indicated in Japanese, and we will uphold the Japanese version in every way in case there is any discrepancy between the original text and translated texts in other languages.