* This document is a provisional translation of the original Japanese text. For precise information and nuances, please refer to the original text.
The following words and terms shall have the meanings set forth below when they are used in the TOU.
1.1 “content(s)” means information such as text, audio files, music, images, videos, software, programs, computer code, and other such information and data.
2.1. All Users shall use the Service in accordance with the terms stated in the TOU. Users may not use the Service unless they agree to the TOU. Such agreement is valid and irrevocable.
2.2. If the User is a minor, parental consent is needed to use the Service. If the Users use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the TOU.
2.3. By using the Service, Users (and Users who use the Service on behalf of, or for the purpose of a business enterprise) are deemed to have agreed to the TOU. Such agreement is valid and irrevocable.
3. Modification of the Terms and Conditions
3.1. We may modify the TOU when We deem necessary, without providing prior notice to Users.
3.2. The modification will become effective once the modified TOU are posted on an appropriate location within the website operated by Us.
3.3. Users shall be deemed to have granted valid and irrevocable consent to the modified TOU by continuing to use the Service.
4.1. We promise to regard the privacy of Users as Our utmost priority.
4.3. We promise to exercise the utmost care regarding security measures for providing continued security of all User information.
5. Provision of the Service
5.1. We grant Users a non-transferable, non-re-licensable, non-exclusive license to use the Service provided by Us, only for the purpose of using the Service.
5.2. We shall remain the holder of all intellectual property rights as well as all other rights in the Contents offered to Users by Us (with the exception of Submitted Contents and Partner's Contents), and such rights which shall not be transferred to Users.
We reserve the right to provide Users with advertisements for Us or a third party, through the Service.
Users shall not engage in the following when using the Service.
7.1. Activities that violate the law, court verdicts, resolutions or orders, or any other legally binding measures.
7.2. Activities that may hinder public order or customs.
7.3. Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of Us and/or a third party protected by law or contract.
7.4. Activities that lead to the misrepresentation of Us and/or a third party, or intentionally spread false information.
7.5. Activities that exchange the right to use the Contents into cash, property or other economic benefits without Our authorization.
7.6. Activities that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by Us).
7.7. Activities that use the Service for the purpose of sexual conducts or obscene acts; use the Service for the purpose of meeting a person for sexual encounters; use the Service for the purpose of harassments or libelous attacks against other Users; or use the Service for purposes other than the Service's true intent.
7.8. Activities that benefit or collaborate with anti-social groups.
7.9. Activities that are related to religious activities solicitations to certain religions and/or religious groups.
7.10. Activities that illegally or improperly lead to the collection, disclosure, or provision of other’s personal information, registered information, user history, or any other such information.
7.11. Activities that interfere with the servers and/or network systems of the Service; that abuse the Service by any other technical measures; that deliberately use defects of the Service; that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond necessity, and that interfere with Our operation of the Service or Users' use of the Service.
7.12. Activities that aid or encourage any activity stated in Clauses 1 to 11 above.
7.13. Any other activities that are deemed by Us to be inappropriate.
8. User Responsibility
8.1. Users shall use this Service at their own risk, and shall bear all responsibility for actions carried out and their results upon this Service.
8.2. We may take measures that We consider necessary and appropriate, if We acknowledge that a User is using the service in a way which violates the TOU. However, We shall not be responsible for correcting or preventing such violation towards Users or others.
8.3. In the case where We have suffered loss/damage or have been charged an expense (including but not limited to lawyer's fees) directly or indirectly (including but not limited to cases where We have been sued for damages by a third party) due to the User violating applicable laws or the TOU while using the Service, the User shall immediately compensate Us upon Our request.
9. Our Exemption of Liability
9.1. We do not expressly or impliedly guarantee that the Service (including the Contents) is free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). We shall not be responsible for providing the Service without such defects.
9.2. We shall not be responsible for any damages inflicted upon Users in relation to the use of the Service. However, if the agreement (including but not limited to the TOU) between Us and Users regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.
9.3. Notwithstanding the condition stated in clause 9.2 above, We shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that We or Users predicted or could have predicted) with respect to Our contractual default or act of tort due to Our negligence (except for gross negligence). The compensation for ordinary damages in respect to Our contractual default or act of tort due to Our negligence (except for gross negligence) shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.
10. Notification and Contact
10.1. When We notify or contact Users regarding the Service, We may use a method that We consider appropriate, such as posting on the website operated by Us.
10.2. When Users notify or contact Us in regard to the Service, Users shall use the customer inquiry form available on the website operated by Us or other means designated by Us.
11. Governing Law and Jurisdiction
This TOU will be governed by the laws of Japan and any disputes, claims, conflicts that arise from the Service or between Users and Us related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Yamaguchi.
Effective: February 1, 2018