Article 1 (Scope of the Terms)
- The Terms covers all cases of use of the Services. Each user of the Services needs to agree to the Terms for use of the Services and a person or entity using the Services shall be regarded as having agreed hereto at the occasion where the user initially uses the Services.
- If such additional terms, or other explanations of the Services stated in any related materials are contradictory with the Terms, the provisions of the Terms shall prevail.
Article 2 (Definitions)
The capitalized terms used herein shall have the following meanings:
- “Regulations” means the regulations separately established by the Company in relation to the use of the Services;
- “Use Agreement” means each agreement for use of the Services as entered into between the Company and the Member based on the Terms;
- “Intellectual Property Rights” means copyrights, patent rights, utility model rights, design rights, trademark rights and any other intellectual property rights (including rights to obtain or apply for registration of those rights);
- “Member” means each person or corporation registered as user of the Services based on Article 3 hereof;
- “Contributed Data” means contents contributed or transmitted by Members in the Services (including but not limited to letters, sentences, still images, moving images, voices and location information);
- “Website” means a website operated by the Company in relation to the Services; and
- “Applications” means applications provided by the Company in relation to the Services.
Article 3 (Registration)
- Any individual or corporation wishing to use the Services may apply to the Company for registration by agreeing to the Terms and providing the Company with the information required by the Company for registration (hereinafter referred to as “Information for Registration”) in a manner designated by the Company.
- The Company will judge whether to accept each application by a party wishing to be registered (the “Applicant”) in accordance with relevant criteria established by the Company and will, if accepting the application, notify the Applicant that registration has been completed and the Applicant is a Member.
- Use Agreement will be regarded as established between a Member and the Company at the time of the completion of the registration process described above, and the Member may use the Services in accordance with the Terms.
- The Company may refuse to register or re-register the Applicant as a Member if:
- (1) There is any falseness, error, omission, or the like in the Information for Registration provided by the Applicant;
- (2) The Applicant has made the application for registration using information of another person or corporation;
- (3) The Applicant is a minor, adult ward, person under curatorship or person under limited guardianship and the application for registration by the Applicant was made without the consent by its representative, guardian, curator or limited guardian;
- (4) The Applicant was determined by the Company to constitute an organized crime group or a member thereof, rightist organization, anti-social force, or other similar person or entity (“Antisocial Force”), have any interaction or involvement with an Antisocial Force, or assist or be involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means;
- (5) The Applicant is a person or entity that the Company judges has ever violated a Use Agreement or other agreement with the Company or a related party of such a person or entity;
- (6) The Applicant is a competitor of the Company;
- (7) The Applicant has ever been subjected to any disposition provided in Article 10 hereof; or
- (8) In addition to the foregoing, the Company otherwise judges that the Applicant is inappropriate for registration as a Member.
- If a Applicant suffers any damage due to the Company’s refusal of the registration or re-registration as a Member of the Applicant based on the Article 3.2 and 3.4, the Company shall not be liable to the Applicant for such damage and the Applicant shall not raise any objection, demand or other claim to the Company in terms of such refusal.
Article 4 (Change in Information for Registration)
If any change occurs in Member’s Information for Registration, the Member shall notify the Company in a manner designated by the Company, without undue delay.
Article 5 (Management of Password and E-mail Address Used in Registration)
- Each Member shall appropriately manage the password involving the use of the Services and e-mail address used for registration, and shall not assign or lend the e-mail address or password to any third party, or allow any third party to use or change the e-mail address or password.
- The Company shall not be liable for any damage to a Member because of improper management or use of a Member’s e-mail or password, including a third party’s use of the e-mail address or password, and the Member shall not raise any objection, demand or other claim to the Company in terms of such damage.
Article 6 (Distribution of Information Concerning Services)
Each Member hereby agrees that messages, requests, event information, or otherwise concerning the Services may be transmitted to the Member after the registration as a Member. However, each Member can change the status concerning the receipt of such information on the membership page.
Except for information indispensable for provision of the Services, each Member may opt out of receiving the aforementioned information at its discretion.
Article 7 (Prohibited Matters)
In using the Services, a Member will not do any of the following:
- (1) Act in violation of the Terms;
- (2) Act in violation of any applicable law or regulation, act constituting a crime, or act related to either of them;
- (3) Act constituting a fraud or menace to the Company, another user(s) of the Services or any other third party(-ies);
- (4) Act in violation against the public order and standards of decency;
- (5) Infringe any Intellectual Property Right, right of personal portrayal, publicity right, privacy right, honor, trustworthiness or other right or interests of the Company, other user(s) of the Services or any other third party;
- (6) Act to contribute to the Services or, through the Services, transmit to the Company or other users of the Services any information that falls under or the Company considers falls under any of the following:
- (i) Information including expression of violence or cruelty;
- (ii) Information including a computer virus, spam or other hazardous computer program;
- (iii) Information including expression to damage the honor or trustworthiness of the Company, another user of the Services or any other third party;
- (iv) Information including obscene expression;
- (v) Information including discriminative expression or expression to encourage discrimination;
- (vi) Information including expression to encourage or assist suicide or self-injury;
- (vii) Information including expression to encourage the inappropriate use of a drug, narcotic or other;
- (viii) Information including any anti-social expression;
- (ix) Request for spread of information to third parties such as chain mail;
- (x) Information including any expression giving receivers the feeling of discomfort, disgust or distrust; or
- (xi) Information given for the purpose of association with an unacquainted person of the opposite sex.
- (7) Commit any act which may overload any of the Company’s networks or computer system;
- (8) Threaten in any way to interfere with the operation of the Services;
- (9) Illegally access or attempt to illegally access, or access in any way unauthorized any of the Company’s networks or computer systems;
- (10) Pretend to be or in any way impersonate another person or entity:
- (11) Act to make use of an e-mail address, password or other information of another user of the Services;
- (12) Advertisement, publicity, solicitation or other conduct of business operation through the Services which has not been in advance approved by the Company;
- (13) Collection of information of other users of the Services;
- (14) Act causing disadvantage, damage or annoyance to the Company, other users of the Services or other third parties;
- (15) Provision of benefit to an Anti-social Force;
- (16) Act for the purpose of association with an unacquainted person of the opposite sex;
- (17) Act to discriminate, slander or damage the honor or trustworthiness of the Company, another user(s) of the Services or any other third party(-ies);
- (18) Transmit or post any untrue or fabricated information or the like;
- (19) Unauthorized alteration or deletion of any information;
- (20) Reverse engineering of the Website or any Application;
- (21) Directly or indirectly cause or facilitate any of the foregoing acts; and
- (22) Act in any other way which the Company judges inappropriate.
Article 8 (Suspension of Provision of Services)
- The Company may, without giving prior notice to the Members, fully or partially suspend or discontinue the provision of the Services if:
- (1) The Company inspect or perform maintenance of the Company’s networks, computer systems, or other systems relating to the Services;
- (2) Any computer, telecommunication circuit, server or other equipment or facilities for the Services break down due to an accident;
- (3) The operation of the Services becomes impossible due to a natural disaster, riot, civil war, strike or other labor dispute, order/disposition by government authority, default by a trade connection, enactment/modification/abolition of a law or regulations, earthquake, lightning, fire, flood, typhoon, power failure or other force majeure; or
- (4) The Company otherwise judges the suspension or discontinuance of the Services necessary.
- The Company shall not be liable to Members for any damage due to a measure taken by the Company based on this Article, and any of such Members shall not raise objection, demand or other claim to the Company in terms of the damage.
Article 9 (Intellectual Property)
- All copyrights (including but not limited to rights provided in Articles 27 and 28 of the Copyright Act), patent rights, utility model rights, design rights, and other Intellectual Property Rights and all other rights which relate to the Website and the Services belong to the Company. Neither a Member’s use of the Services nor anything in the Terms shall be construed as granting to Members any rights to or interests in the Company’s Intellectual Property Rights.
- With respect to Contributed Data of Members, each Member represents and warrants to the Company that the Member has the right to contribute, transmit or otherwise use such data and information in relation to the Services and the Member do not infringe any right of a third party.
- The Company shall have the right to fully or partially use any Contributed Data provided by a Member in relation to the Services (with respect to a written work or other work, including but not limited to, the use in the form of reproduction, performance, showing, transmission to the public, narration, display, distribution, lending, translation, adaptation and derivative works), at its discretion, and free of charge. When the Company uses any Contributed Data of a Member, the Member may not claim to the Company for payment of compensation, discontinuance of use or any other thing in relation to such use (with respect to a written work or other work, including but not limited to, exercising the moral right or other personal rights to the Company or third parties designated by the Company).
- Each Member agrees that, in using the Services, the Member will not express or suggest that the Member is receiving the Company’s support, assistance, or otherwise with respect to the Contributed Data.
Article 10 (Deregistration)
- The Company may delete, edit, reconstruct the Contributed Data, deregister a Member, terminate the Use Agreement with a Member, or take any other measure the Company considers appropriate against a Member without giving a prior notice if:
- (1) The Member violates the Terms;
- (2) Any Information for Registration provided by the Member is false;
- (3) The Member stops payments, becomes insolvent or otherwise causes the credit to be significantly damaged;
- (4) The Member is subjected to an application for attachment, provisional attachment, other compulsory execution or auction filed by a third party or a disposition for collection of a tax or public due in arrears;
- (5) The Member or a third party files an application for commencement of the proceeding of bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other insolvency arrangements against the Member;
- (6) The Member fails to answer the Company’ inquiry of or request for information to the Member within thirty (30) days after it;
- (7) The Member falls under any item of Article 3.4 hereof;
- (8) The Member has performed a fraud or betrayal to the Company; or
- (9) The Company otherwise judges that the Member’s registration or use of the Services is inappropriate.
- If a Member falls under any item of the preceding Section of this Article, all debts of the Member to the Company shall be immediately paid to the Company.
- If a Member suffers damage due to the Company’s conduct based on this Article, the Company shall not be liable to the Member for such damage, and the Member shall not raise any objection, demand or other claim to the Company in terms of such conduct.
Article 11 (Withdrawal)
- Each Member may withdraw from the membership for the Services by giving a notice to the Company in a manner designated by the Company.
- If a Member owes any debt to the Company when withdrawing, all such debts shall immediately be paid to the Company.
- Treatment of user information of a Member after the Member’s withdrawal from membership for the Services will be in accordance with the terms of Article 15
Article 12 (Change or Termination of Services)
- The Company may change the content of the Services or terminate the provision thereof, for any reason. If terminating the provision of the Services, the Company shall give each Member a prior notice thereof.
- The Company shall not be liable to the Members for any claims, losses, expenses, injuries, or damages, and the Members shall not raise any objection, demand or other claim to the Company based on this Article.
Article 13 (Disclaimer and Waiver of Warranties)
- The company does not make any presentations or warranties of any kind whatsoever in connection with any information, content, material, commentary, surveys, products, or services made available on, or through, the services. Further, the company hereby disclaims any and all warranties, whether express or implied, including, without limitation, the implied warranties of non-infrindgement, merchantability, expected qualities, functions, results, accuracy, usefullness and/or compatibility with other products and services, and fitness for a particular purpose. If members suffer any damage, loss, disadvantage, due to non-satisfaction of any of such matters, the company shall not be liable to the members therefor.
- The provisions of the preceding Paragraph shall not be applied to cases where the non-satisfaction of any of the matters stated in the preceding Section is caused due to a Company’s willful misconduct or gross negligence or is otherwise covered by the Consumer Contract Act.
- When the Company is liable to compensate Members for damage, loss, or otherwise in accordance with the preceding Section, the amount of compensation per Member shall be within ten thousand yen (JPY 10,000) as upper limit.
- The Company does not guarantee that Contributed Data or any other information provided by Members will be preserved and, if there occurs loss or deletion thereof or a dispute concerning the content of any Contributed Data, the Company shall not be liable therefor and the Members shall raise no objection demand or other claim to the Company in terms thereof.
- The Company shall not be responsible for any transactions, communications, disputes, or otherwise, which may occur between Members and other Members or third parties in relation to the Website or Applications.
Article 14 (Confidentiality)
Any Member may not disclose to any third party any information which the Company has disclosed to the Member in relation to the Services as confidential information, without the Company’s prior written approval.
Article 15 (Treatment of User Information)
- The Company may, at its discretion, use and publish any information provided by each Member to the Company at statistical information processed in a manner making impossible the identification of the Member in accordance with the Personal Information Protection Act and other applicable laws, regulations. Member shall not raise any objection, demand or other claim in relation to such use and publication by the Company.
Article 16 (Modification)
The Company may modify the Terms at any time as it considers appropriate. If we make a modification that materially changes your rights, we will notify each Member of the modification. In a case of significant modification, the Company shall notify each Member of the modification. If a Member uses Services after any modification hereof, the Member shall be regarded as having accepted the modified terms.
Article 17 (Proposal and Improvement)
With respect to a Member’s transmission to the Company of Contributed Data in terms of proposal, provision of materials or recommendation, the Member, in advance, warrants and agrees the following conditions, and waives the ownership, copyrights, patent rights, other Intellectual Property Rights and other rights on those Contributed Data:
- (1) Such Contributed Data do not include any trade secret or other confidential information of a third party;
- (2) The Company will not owe the explicit or implicit obligation of confidentiality with respect to such Contributed Data; and
- (3) If the Company already has information same as or similar to such Contributed Data, the Member will not claim such sameness or similarity of the information against use of the information nor claim payment of money or other compensation or otherwise raise objection thereto.
Article 18 (Notice and Other Communications)
Any and all notices, inquiries and other communications concerning the Services from Members to the Company shall be made in a manner designated by the Company.
Article 19 (Assignment of Status)
- Members may not assign, transfer, create a security interest or otherwise dispose of the status under the Use Agreement with the Company, or any rights and obligations based on the Terms, without the Company’s prior written approval.
- In a case where the Company transfers its business involving the Services to any other entity, it may assign and transfer its rights and obligations under the Company’s Use Agreements with Members, its rights and obligations under the Terms, and Members’ Information. The business transfer referred to above will include not only business transfer but also company splits and all other cases where the business of the Company is succeeded to.
Article 20 (Severability)
If any term or provision of the Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of the Terms. The remaining terms or provisions of the Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of the Terms.
Article 21 (Language)
The Company may translate the Terms into languages other than Japanese for the benefit of Members and, in such cases, the rights and obligations between the Company and Members shall be governed by the Japanese version. If there is any discrepancy between the Japanese and other languages, the former shall prevail.
Article 22 (Governing Law and Competent Court)
- The Company and Members agree that the Terms shall be governed by the laws of Japan.
- Any disputes arising out of or in relation to the Terms shall be subject to the exclusive jurisdiction of the District Court of Tokyo, Japan.
【Established on January, 27, 2017】