These Terms of Use (hereinafter referred to as the “Terms”) set forth the terms of use of the Services (which include this website and do not specifically distinguish the Services and this website in the following terms and conditions). The Terms apply to all users of the Services (the “User(s)”).
Consent to the Terms
By using the Services, the Users are deemed to have validly and irrevocably consented to the Terms. Any User who does not consent to the Terms may not use the Services.
Use by Minors
If the User is a minor, the User must obtain a consent from his/her statutory agent prior to using the Services. If the User has commenced use of the Services without a consent from his/her statutory agent and thereafter reaches age of majority, the User shall be deemed to have ratified its use of the Services while the User is a minor.
Use of Content
The Company hereby grants to the User a license to use privately, within the scope of use of the Services, the text, image, video, sound, music, software, program, code or other content provided by the Services. In terms of the paid content, private use within the scope of use of the Services shall be licensed when the usage fees as prescribed by the Company has been paid. These licenses are non-exclusive, non-transferable nor non-sublicensable licenses. Any use of the content provided by the Services beyond the scope of the Services is prohibited. The User agrees in advance that if the User loses the right to use the Services for any reason whatsoever, any and all contents of the Services may no longer be available.
Default Charges
If the User fails to pay any pecuniary obligation owed to the Company on the due date therefor, the User shall pay to the Company a default charge at the rate of 14.6% per annum.
Prohibited Matters
When using the Services, the User shall not:
violate or facilitate violation of any law or regulation, any judgment or decision or order of any court, or any administrative measure which has legal binding force under law or regulation
perform any act relating to criminal act
infringe any intellectual property right of the Company or a third party
infringe any portrait right, privacy, reputation, or any other right or interest of the Company or a third party
excessively apply a load on the servers or network of the Company or a third party or interfere with the normal functions thereof
potentially interfere with the operation of the Services
make or attempt any unauthorized access
disassemble, decompile, reverse-engineer or otherwise analyze the source code of the Services
illegally access the system connected to the Service without any authorization or illegally rewrite or delete any information stored in the Company’s facilities
reproduce, transmit, transfer, lease or alter any website or software of the Services
lend, transfer, sell or otherwise dispose of, with charge, any account or content on the Services to any third party
make commercial use of information acquired through the Services
make any profit in relation to the Services in a manner not intended by the Company
promote, advertise, solicit or conduct business on the Services in a manner not authorized by the Company
collect or accumulate personal information of other Users
use the Services with illegal, fraudulent or unjust purposes
cause disadvantage, damage or discomfort to other Users of the Services or other third parties
give benefits, directly or indirectly, to an Anti-social Force
violate public policy
use the Services while walking, driving or in any other situation or manner in which use of the Services is inappropriate
conduct any other acts which the Company deems inappropriate
impersonate another User
Exclusion of Anti-Social Forces
The User represents and warrants that he/she does not, and will not in the future, fall under any of the following:
the User (including its own officers in the case where the User is a corporation or any other type of organization.) is an organized crime group, a member of an organized crime group, a person for whom five (5) years have not yet passed from the time when such person ceased to be a member of an organized crime group, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate racketeer, a group engaging in criminal activities under the pretext of conducting social campaigns, a crime group specialized in intellectual crimes, or any other person equivalent thereto (hereinafter collectively referred to as “Organized Crime Group Member, etc.”)
if the User is a corporation or any other type of organization, the User has any relationship in which an Organized Crime Group Member, etc. is deemed to have a control over the management of the User
if the User is a corporation or any other type of organization, the User has any relationship in which an Organized Crime Group Member, etc. is deemed to be substantially involved in the management of the User
the User has relationship in which the User is deemed to make use of an Organized Crime Group Member, etc., such as engaging in transactions for the purpose of wrongful interests of the User or a third party or causing damage to a third party
the User has relationship in which the User is deemed to provide the funds, etc. or give benefits to an Organized Crime Group Member, etc
if the User is a corporation or any other type of organization, any of its officers or persons who are substantially involved in its management have relationship with an Organized Crime Group Member, etc. which should be socially criticized
The User warrants that it will not conduct or cause a third party to conduct any of the following acts:
act of a violent demand
act of an unreasonable demand beyond legal responsibility
use of intimidation or violence in relation to transactions
act that damages the Company’s credits or that obstructs the Company’s business by spreading false rumors or by the use of fraudulent means or force
any other act equivalent to any of the preceding
Restrictions on Use of the Services
The Company may, without prior notice, restrict the User’s use of any or all of the Services or cancel the registration of the User if the User falls under any of the following. The Company shall not be liable for any damages incurred by the User as a result of an act performed by the Company in accordance with this Article.
if the User breaches any provision of the Terms
if it is found that there is a false fact in the registered matters
if the User fails to perform any pecuniary obligation
if there is no response from the User to a contact from the Company after a reasonable period of time
if the Services is not used for a reasonable period of time from the last date of use
if the Company considers that the User is the Anti-social Forces, etc. or has some kind of interaction or involvement with the Anti-social Forces, etc.
in addition, if the Company considers that the User’s use of the Services is inappropriate
Cessation of the Provision of the Services
The Company may suspend or discontinue the provision of all or part of the Services without prior notice to the User if it considers that any of the following items exists. The Company shall not be liable for any disadvantages or damages incurred by the User or a third party in such case.
if maintenance, inspection or renewal of a computer system relating to the Services is to be conducted
if it becomes difficult to provide the Services due to force majeure events such as earthquake, lightning strike, fire, power outage, natural disaster or spread of viruses
if a computer or communication line, etc. is shut down due to an accident
in addition, if the Company considers that it is difficult to provide the Services
DISCLAIMER OF WARRANTY
THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR THE CONTENTS PROVIDED BY THE SERVICES ARE FREE FROM SYSTEM BUGS OR INFRINGEMENTS OF THIRD-PARTY RIGHTS. NOR DOES IT GUARANTEE SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES.
Disclaimer
THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES INCURRED BY THE USERS IN CONNECTION WITH THE SERVICES; provided, however, that this disclaimer will not apply if the agreement between the Company and the User regarding the Services (including the Terms) constitutes a consumer contract under Consumer Contract Act. Even if the agreement between the Company and the User constitutes a consumer contract, the Company shall not be liable for any damage arising out of special circumstances (including the cases where the Company or the User have foreseen or could foresee the occurrence of such damage) incurred by the Users due to the Company’s negligence (excluding gross negligence). The Company assumes no responsibility for any trouble that may arise between the User and any other User or a third party. The Company shall not be liable for any damages incurred by the User in connection with the Services in excess of usage fees paid by such User to the Company during the month in which such damages occur.
Change of the Description of the Services
The Company may change the description of the Services or discontinue or terminate the provision of the Services without notice to the User. The Company shall not be liable for any damage incurred by the User as a result thereof.
Amendments to the Terms
The Company may amend the Terms at any time without notice to the User. The amended Terms shall become effective at the time of being posted on the Company’s website. Any User who continues to use the Services after amendments to the Terms shall be deemed to have consented to the amended Terms.
Handling of Personal Information
Personal information of the User acquired through use of the Services shall be handled appropriately in accordance with the Company’s Privacy Policy.
Notice or Contact
Any notice or contact between the User and the Company shall be made in the manner prescribed by the Company. Unless the User submits notification of change in accordance with the method separately prescribed by the Company, the Company may consider the contact address currently registered to be valid and give notice to or contact such contact address. Such notice or contact shall be deemed to have arrived at the User at the time of transmission.
Assignment of Rights and Obligations
The User may not assign to or give as a security any third party the User’s status under the service agreement or the rights or obligations under the Terms, without prior written consent of the Company.
Assignment of Business
If the Company assigns its business pertaining to the Services to another company (including assignment of business, company split or any other cases where the Company’s business will be transferred), it may assign, along with such assignment of business, its status under the service agreement, the rights and obligations under the Terms and the User’s information to the assignee of such assignment of business. The Users shall be deemed to have consented to such assignment in advance.
Applicability
The Terms apply to all relationships between the Users and the Company in relation to use of the Services. The Company may set forth rules for use of the Services in addition to the Terms. These rules, regardless of their names, form part of the Terms. In the event that the Terms are inconsistent with any of such rules, such rules shall prevail.
Severability
If any provision of the Terms or any part thereof is held to be invalid or unenforceable, such holding shall in no way affect the other parts of the Terms and the remaining provisions of the Terms shall remain valid and enforceable.
Governing Law and Jurisdiction
The Terms shall be construed in accordance with and governed by the laws of Japan. Any dispute arising in connection with the Services shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the location of the Company’s head office.
