Thank you for using the “rinkak 3D Print Cloud API” (the “rinkak API”) which is an application programming interface of rinkak operated by kabuku, Inc. (the “Company”).
to confirm the latest version of the Term of Use.
Section 1. License
The Company grants the User a non-exclusive, royalty-free and nonsublicenseable license to use the rinkak API for personal use (including personal use of online 3D printing services) purpose only without regional limitation. The User hereby agrees that a third party including an advertiser may, on the rinkak API, deal with contents or advertisements, collect information from visitors directly or set cookies on web browsers of visitors. The User shall comply with the conditions set forth below. The rights to contents uploaded by the Users (the “User Contents”) shall vest in the Users who created the User Contents. Any rights not explicitly granted to the User under the Term of Use shall vest in the Company.
- The User shall comply with the rinkak Term of Use（https://www.rinkak.com/en/about/termofuse）.
- The rinkak API will be used for providing the User an access to the User Contents. Such use shall be governed by requirements and restrictions imposed upon the User Contents, and the User may use only under restriction (including conditions of Creative Commons) accepted by the contents holders who provide the User Content
- If the right holder of the User Contents or the Company requires the User to delete the User Contents, the User shall delete the User Contents from the application of the User within twenty-four (24) hours.
Section 2. Prohibited Activities
The User shall be prohibited from engaging in any of the following activities:
- to use the rinkak API for commercial purpose (which means the purpose of using the rinkak API other than for free application or free service; the same shall apply hereinafter);
- to use the rinkak API for applications which provide services same as or similar to rinkak , or for applications which provide services competitive with rinkak;
- to use the rinkak API to avoid intended limitations on services and functions of rinkak;
- to use the rinkak API for the purpose of spam, or for the purpose of collecting personal data of the Users or harassing other Users ;
- to use the rinkak API to change actions (such as posting, deleting, pressing a “like” button or collecting) that are not performed or not confirmed by other Users;
- to hide identity information of applications or the User, which is required to submit when the Company permits the User to use the rinkak API;
- to use communications bandwidth unreasonably or excessively through download or display of photos, 3D model data or other data;
- to cache or store the User Contents beyond the extent necessary to provide services to other Users;
- to use the rinkak API for applications which constitute or promote spyware, ad-ware, or other malicious program or code;
- to use the rinkak API to infringe intellectual property rights, rights of privacy and any other rights prescribed in any laws and regulations;
- to use the rinkak API as a general image hosting service for banner ads, graphics, etc.;
- to use the rinkak API in such a manner as would cause a bad influence on the stability of the servers of rinkak.com or on the operation of other applications which use the rinkak API (the Company shall have the right to limit or block applications that make large numbers of calls to API which does not respond to the User’s direct actions mainly.); and
- to sell, lease, or sub-license the rinkak API or the rights to access the rinkak API , or to gain or attempt to gain profits by using or providing the rinkak API, without the Company’s prior written consent.
Section 3. Use of Trademarks, Logos, and Other Marks
The User shall not use “rinkak”, namely “www.rinkak.com” as the host name of application of the User. The User shall display the following notice on a prominent place in application of the User:
“This product uses the rinkak API, however this product is not officially supported or certified by kabuku, Inc. which operates the rinkak or its affiliated companies. ”
The User shall not use the trademarks, logos or marks of the rinkak without the Company’s prior written consent. If the User uses the trademarks, logos, or marks of the rinkak in the application with the Company’s prior written consent, the User shall use in such a manner as implying the support by rinkak or a relationship with rinkak and displaying the User’s trademarks, logos or marks more prominently than the trademarks, logos or marks of the rinkak.
Section 4. Intellectual Property Rights
- The copyrights, patent rights, utility model rights, trademark rights, and any other intellectual property rights in and to the rinkak API shall vest in the Company. Such rights vesting in the Company include not only the rinkak API itself but also all output and process of the rinkak API, except software components developed by the User which do not embed output or process of the rinkak. The Term of Use will not grant or confer on the User any of these rights regarding the rinkak API
- Copyright to model data which the User has developed by using the rinkak API shall vest in the User.
Section 5. Support
The Company may, in its discretion, provide support for or revised version of the rinkak API (collectively, the “Support”), and may terminate the provision of the Support at any time without notice to the User. The Company may change or discontinue any functions of the rinkak API, including any availability of the rinkak API. The Company may impose a limit regarding certain functions and services on the User, and may restrict access by the User to the rinkak API or the rinkak website, without any liability.
Section 6. Expenses
The Company is working on free and open access to the rinkak API; provided, however, that if the User uses the rinkak API for an application used for commercial purpose which requires the Company’s prior written consent, or application having a certain speed or higher, the Company shall have the right to charge to the User fees for access to the rinkak API or for future use.
Section 7. Disclaimer
Section 8. Waiver of Responsibility and Claims
To the extent permitted by the governing law, the User shall defend and hold harmless the Company, its affiliated companies, and officers, directors, agents, licensors, business partners and employees of the Company from and against responsibility regarding claims arising in connection with use of the rinkak API, damages (including normal damages and special damages) and any kind of costs including court costs and attorneys’ fees, and the User shall waiver all claims regarding such responsibility.
Section 9. Limitation of Liability
The User shall not assert demand of compensation for damage or claim related to following items, to the Company its affiliated companies, or officers, directors, agents, licensors, business partners or employees of the Company, and shall solve the damage, etc. arising from them at its own responsibility and expenses:
- The User’s actions or negligence relating to use of contents of rinkak, the rinkak API and marks of rinkak;
- The User’s use of contents of rinkak, the rinkak API and marks of rinkak which is not permitted expressly under the Term of Use;
- The User’s violation of any of the provisions, limitations, duties or representations and warranties of the Term of Use, or possibility of such violation which possibility shall be estimated by the Company;
- Any damage, loss, disadvantage, legal action, trial, expense, or outlay (including reasonable attorneys’ fees) arising from or arising in relation to the User’s business or services.
Section 10. General Terms
- Relationship with the User
- Entire agreement
- Governing law
Section 11. rinkak API and Trademarks
- The User shall not use the trademark “rinkak” for any product, domain name or image. The User shall not use icon or logo of the rinkak without the Company’s prior consent.
- If the User uses the rinkak logos with the Company’s consent, the User shall explicitly display the following description on User’s own website: “This application (or website) uses the rinkak API, and characters of rinkak and logo of the rinkak are registered trademarks of kabuku, Inc.”
Please note that, with respect to User’s use of the rinkak API, the Company reserves the right to refuse the use if the User falls any of the provisions set forth above.
Created September 30, 2013
Revised August 22, 2014