The following terms used in these Terms have the following meanings:
“Content” means compositions, sounds, music, images, videos, software, programs, codes and other information.
“Content” means content accessible through a Service.
“Individual Terms” means documents distributed or posted by the Company in relation to a Service with a title of “Terms,” “Guidelines,” or “Policy,” in addition to these Terms.
02Consent to Terms
A User must use a Service in accordance with the provisions of these Terms. A User must not use a Service unless the User gives valid and irrevocable consent to these Terms.
In case of an underage User, the User will use a Service after having obtained the consent of his/her guardian or any other statutory agent. If a User uses a Service for a business, the business will also consent to these Terms prior to the use of the Service.
When a User actually uses a Service, the User will be deemed to have effectively and irrevocably consented to these Terms.
If there are Individual Terms provided for a Service, a User must use the Service in compliance with such Individual Terms in addition to these Terms.
03Modification of Terms
When the Company determines it necessary, the Company may modify these Terms and Individual Terms at any time without prior notice to Users. These Terms and Individual Terms so modified will become effective at the time they are posted in an appropriate place on the website operated by the Company, and a User who has continuously used a Service after such modification of these Terms and Individual Terms will be deemed to have effectively and irrevocably consented to these Terms and any applicable Individual Terms so modified. As the Company is unable to give notice of the contents of such modification individually, a User who uses a Service needs from time to time to refer to the latest Terms and any applicable Individual Terms.
When a User registers his/her information for the use of a Service, the User must provide information that is true, accurate, and complete, and must correct it so that the information will be kept up-to-date at all times.
When a User registers a password for the use of a Service, the User must strictly manage it on his/her own responsibility to prevent any unauthorized use of it. The Company is entitled to deem that any act with the use of the password registered by a User has been an act of the User.
A User who has registered for a Service is entitled to remove the account and withdraw from the Service any time.
If the Company determines that a User does or is likely to violate these Terms, the Company may suspend or remove the User’s account without prior notice to the User.
The Company may remove any account that has not been used for one year or more from the last access, without prior notice to the User.
All rights of a User with respect to the use of a Service will be extinguished at the time the account is removed regardless of the reason. Please note that when a User removes his/her account regardless of the reason including that caused by mistake, the Company will not restore the account.
An account for a Service is a personal right belonging to the User. A User is entitled neither to assign or lease any right for use of a Service to a third party, nor to have a third party succeed to such right.
The Company will respect a User’s privacy.
The Company takes the utmost care with regard to security in order to securely manage information collected from Users.
06Provision of Services
A User who uses a Service must arrange at his/her cost and on his/her own responsibility any necessary personal computer, cellular phone, telecommunication equipment, operating system, means of communication, electric power, and so forth.
The Company may provide all or part of a Service to limited Users who satisfy the conditions the Company considers are necessary, including those with respect to age, whether his/her identification is confirmed or not, and regardless of whether certain information is registered or not.
When the Company determines it necessary, the Company may any time change or discontinue providing all or part of a Service, without prior notice to a User.
07Non-Existence of an Emergency Report Function
Services do not provide any emergency report means to any institution, including the police, maritime security, and the fire departments or any other institution.
08Display of Advertisement
09Services by Alliance Partners
For Content provided by the Company, the Company will grant a User a non-exclusive right for use whose sole purpose is the use of the relevant Service, which cannot be assigned or sublicensed.
A User who uses Content for which a fee, period, or other condition of use is specified separately will comply with such condition of use. Even when the screen of a Service shows “Purchase,” “Sale,” or any other expression of a similar nature, the Company will not transfer to a User any intellectual Accommodation right or other rights over Content which the Company provides to the User, but only grant the User the foregoing right to use.
Beyond the mode of use intended for the Service, a User is not entitled to the use of Content (including acts of reproduction, transmission, redistribution and alteration of Content).
A User must not engage in any of the following acts in using a Service:
Act in violation of a law, ruling, decision or order of a court, or an administrative action with legal binding force;
Act that is likely to disturb public order or good morals;
Act of infringing a copyright, trademark right, patent right, or other intellectual Accommodation rights, rights to protect a good name, privacy rights, or any other legal or contractual rights of the Company or a third party;
Act of posting or transmitting an expression that is excessively violent or overtly sexual, or that leads to discrimination based on race, nationality, creed, sex, social status, origin, and so forth, entices or encourages others to suicide, self-injurious behavior, or drug abuse, or includes antisocial content and arouses discomfort in others;
Act of pretending to be the Company or a third party, or act of intentionally spreading false information;
Act of exchanging the right to the use of Content for cash, Accommodation or other economic benefits by any means other than those specified by the Company;
Act that is profit-oriented, including sales, marketing, advertising, and soliciting activities (excluding those permitted by the Company), or any act with the intent to have sex or commit obscene acts, meet or date an unacquainted person of the opposite sex, harass or slander another User, or any other act of using a Service for any purpose other than those intended for the Service;
Act of offering benefits to or cooperating with an antisocial force;
Act of solicitation of or for a religious activity or body;
Act of collecting, disclosing, or providing others’ personal information, registration information, or usage history information without authority;
Act of hindering a server or network system for a Service, illegally manipulating a Service by the use of a bot, cheat tool, or any other technical method, intentionally exploiting a bug in a Service, repeating the same question many times more than necessary, making an unjust inquiry or demand to the Company, or any other act of interfering with or hindering the Company’s operation or another User’s use of a Service;
Act of assisting or encouraging an act falling under any of the foregoing items (11.1. to 11.11); or
Other acts the Company determines is inappropriate.
12Responsibility of a User
A User will use a Service upon his/her own responsibility, and will be solely responsible for any acts done with or through a Service and any results thereof.
If the Company determines that a User uses a Service in violation of these Terms, the Company will take measures that the Company deems necessary and appropriate. However, the Company will not be obligated to prevent or cure such violation.
If the Company incurs, directly or indirectly, any damage (including attorney’s fees) arising out of a User’s use of a Service (including cases where the Company receives a claim from a third party as a result of such use), the User must immediately compensate for such damage in accordance with the Company’s claim.
The Company does not warrant either explicitly or implicitly that Services (including Content) are free from any actual or legal flaw (including fitness, in terms of safety, reliability, accuracy, completeness, effectiveness, and particular purpose, or defects, errors and bugs in security, and infringement of rights). The Company will not be obligated to provide a User with a Service removing such flaw.
The Company will under no circumstances be responsible for any damage incurred by a User arising out of a Service; provided, however, that this disclaimer will not apply where a contract between the Company and a User concerning a Service (including these Terms) falls under a consumer contract under the Consumer Contract Act.
Notwithstanding the proviso to the foregoing clause 13.2., if a User suffers any damage as a result of non-performance or tort attributable to the Company’s negligence (excluding gross negligence), the Company will under no circumstances be responsible for any damage that arises from special circumstances (including cases where the Company or the User did or could have foreseen the occurrence of such damage). The amount of the compensation for damage suffered by a User as a result of non-performance or tort attributable to the Company’s negligence (excluding gross negligence) will be up to the amount of the usage fee that the Company has received from the User in the month in which the damage occurs.
14Method of Communication
The Company communicates to a User any matters related to a Service by posting them in an appropriate place on the website operated by the Company or by any other means the Company considers appropriate.
A User can communicate to the Company any matters related to a Service by sending the inquiry form placed in an appropriate place on the website operated by the Company, or by any other means designated by the Company.
If any provision in these Terms or any part hereof is held invalid or unenforceable under the Consumer Contract Act or any other law or regulation, the remainder of these Terms or the remaining part of the provision held partially invalid or unenforceable shall remain in full force.
16Governing Law and Jurisdiction
These Terms written in Japanese is the original, and they shall be governed by the laws of Japan. Any dispute arising between a User and the Company out of or in connection with a Service will be brought to the Tokyo District Court or the Tokyo Summary Court as the agreed exclusive jurisdiction of the first instance.