Hi There! If you’re reading this, you’re probably like me – spending most of your time writing at your desk, in-front of a computer or a notebook, hoping to one day see your vision turning into a graphic novel (comic or even a manga!).
26th of May, 2021
At this stage, MangaFY is currently in an initial demo trial run. Users own all data and have copyrights to their materials. In any case of ceasing operations, MangaFY will not hold or store any user property or content. Nor will MangaFY be involved in the team production and creation process or communication between parties on their projects. Projects belong to the users. And will not be accountable. Once an official launch begins or new features added, the T&C section will be updated accordingly to reflect such changes.
Article 1. Introduction
Article 2. Definitions
- “User” means a person who uses the Services.
- “Account” means any one of multiple types of authority of utilization of the Services issued by the Company to a User who registers accounts pursuant to the procedures specified in Article 7 or other provisions. Users are required to acquire necessary accounts according to the Individual Services that User wishes to use.
- “Registered Email Address” means email address information provided by User to the Company for the purpose of receiving the Services.
- “ID” means a text string used for identification of an individual by making reference to the Registered Email Address and Password when using the Services. One ID is issued for each account.
- “Password” means a text string used for identification of an individual by making reference to a Registered Email Address when using the Services.
- “Posted Information” means all data and information transmitted, distributed, posted, uploaded, registered, or edited (“Posted etc.” or “Post etc.”) by User when using the Services including images, text, translation, and information relating to displayed items.
Article 4. Handling of Personal Information
Article 5. Confidentiality of Communications
- The Company shall maintain the secrecy of communications of User communications in accordance.
- In the cases set forth in the following items, the Company shall not bear the duty to protect the secrecy of communications specified in the preceding paragraph to the extent indicated in each item:
- In cases where compulsory disposition or a court order is issued pursuant to the Code of Criminal Procedure or the Act on Wiretapping for Criminal Investigation, to the extent of such compulsory disposition or court order;
- In cases where compulsory disposition is issued pursuant to laws and regulations, to the extent of such disposition or court order;
- In cases where the Company determines that the requirements for demand for disclosure pursuant to Article 4 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders are satisfied, to the extent of that demand; and
- In cases where the Company determines that disclosure is necessary to protect the life, body, or property of a third party, to the extent necessary to protect the life, body, or property of the third party.
Article 6. Account Registration
- The Services may include content that can be used only by Users with registered accounts.
- When performing the application specified in Paragraph 2, User shall provide to the Company User’s own true, accurate, and current information as Registered Information.
- Registration of a person who applies for account registration (“Registration Applicant”) shall be complete when the Company approves the registration.
- In any of the following cases, the Company may, at its discretion, reject the registration application of a Registration Applicant without disclosing the reason.
- In cases where the Registration Applicant requested registration not using the method specified in Paragraph 2;
- In cases where an application is made by providing fraudulent, false, or misleading information;
- In cases where the Registration Applicant breached contractual duties in relation to any services provided by the Company or in transactions with other Users in the past; further, in cases where the Company determines that there is a likelihood of such breach in the future;
- In cases where the Registration Applicant engaged in prohibited conduct specified in Article 15 in the past or the Company determines that there is a likelihood of Registration Applicant engaging in such prohibited conduct in the future;
- In cases where the Registration Applicant is a minor, adult ward, person under curatorship, or person under assistance and the Registration Applicant’s legal representative, guardian, curator, or assistant does not consent;
- In cases where the Registration Applicant is an anti-social force, was formerly an anti-social force, uses anti-social forces, or its main investors or officers and employees are constituent members of anti-social forces; or
- In other cases where the Company determines that the application is inappropriate.
- In cases where the Company does not approve an application for account registration, the Company shall not bear a duty to disclose the reason for not approving the application to the applicant and shall not bear any liability whatsoever with regard to damage incurred by the applicant as a result of the non-approval.
- In cases falling under any of the following items in relation to a User who registered an account, the Company may cancel or temporarily suspend the User’s membership, cancel rights associated with the User’s membership, or refuse use of the Services in the future.
- In cases where the Company determines that the User fell under or falls under any of the grounds specified in each item of Paragraph 5;
- In cases where the User is determined to have engaged in prohibited conduct specified in Article 15 in the past or is likely to engage in such prohibited conduct in the future;
- In cases of improper conduct;
- In cases where problems with other Users or third parties exceed certain levels established by the Company, regardless of willful misconduct or negligence;
- In cases where complaints received from other Users or third parties exceed certain levels established by the Company, regardless of willful misconduct or negligence;
- In cases where the User does not login at least a certain number of times within a certain period specified by the Company;
- In the case where the Company determines that continued provision of the Services is unfeasible based on reasonable grounds; or
- In cases where the Company otherwise determines that there are substantial impediments to the execution of business operations.
Article 7. Change of Registered Information
- If a change occurs to Registered Information, User shall promptly notify the Company of the relevant changed information by the method specified by the Company.
- If a User incurs any disadvantage as a result of failure to provide notice, the Company shall not bear any liability whatsoever.
8. Control etc. of Registered Email Address, ID, and Password
- User shall register as User’s Registered Email Address a useable email address that is under User’s control, and in the case where a Registered Email Address is no longer under User’s control, User must change the Registered Email Address to a different useable email address under User’s control.
- User shall endeavor to prevent improper use of User’s Registered Email Addresses, Passwords, and IDs (“Registered Email Address etc.”) and shall bear all responsibility for control of the Registered Email Address etc.
- The Company shall not bear any liability whatsoever for damage and the like incurred as a result of use of User’s Registered Email Address etc. by a third party. Conduct performed using a Registered Email Address etc. shall be deemed the conduct of the User who holds that Registered Email Address etc. even in the case where such use was made by a third party without the User’s consent or otherwise improperly, and User consents to bear responsibility for such conduct. Further, the Company shall not bear any liability whatsoever for damage arising as a result of such conduct, regardless of User’s willful misconduct or negligence.
- In the case where a Registered Email Address etc. or other such information is divulged to a third party or there is a likelihood of such divulgence, User shall promptly notify the Company; provided, however, that while the Company can suspend or terminate use of the Services by the relevant Registered Email Address etc., the Company shall not bear any liability whatsoever for damage resulting from such divulgence of information.
- User may not make any claims whatsoever to the Company for investigation regarding temporary suspension of use of the Services, damages incurred, lost profits, and so on arising from theft, loss, or improper use by a third party of User’s Registered Email Address etc.
- Registration of a usable phone number under the control of User may be necessary for some Individual Services. In this case, this article shall also apply to that phone number.
Article 9. Account Possession
- Users may not under any circumstances transfer or loan an account to a third party.
Article Use Environment
- User shall maintain all hardware, software, and so on necessary for use of the Services at User’s own expense and under User’s own responsibility.
- Users shall take measures according to their own use environments for the prevention of infection with computer viruses, unauthorized access, leaks of information, and the like.
- The Company shall not have any involvement in or bear any responsibility whatsoever for User’s use environments. User shall bear all liability and damage arising from the hardware, communications lines, software, and so on used by User and all liability and damage caused by errors in the use of the Services by User, and the Company shall not bear any liability whatsoever, regardless of User’s willful misconduct or negligence.
- Users may in some instances acquire software for use of the Services via application distribution services provided by third parties (“Distribution Services”). In such case, the Company makes no warranties regarding the performance, details, or continuity of Distribution Services. The Company shall not bear any liability even in the case where User is unable to acquire such software because of suspension or discontinuation of all or part of such Distribution Services due to defects or other reasons.
Article 11. User Responsibilities
- User shall use the Services under its own responsibility and shall bear all responsibility for actions taken when using the Services and their results.
- Transactions by User with other Users conducted by using the Services are direct transactions between the Users, and the Company is not a party to any agreement.
- All types of work, communications, performance of legal duties, resolution of problems, and so on in conjunction with the transactions between Users specified in the preceding paragraph shall be performed by the Users who are parties to the transaction.
- User shall bear all responsibility relating to Posted the Information that User Posts etc. by using the Services. The Company shall not bear any responsibility whatsoever regarding Posted Information that is Posted etc. by User using the Services.
- In the case where dispute arises between the User and a third party relating to the service, the User is responsible for resolution of this conflict, and the Company shall not bear any liability whatsoever. User must pay compensation for damage and resolve the matter under its own responsibility and at its own expense (including attorneys' fees and all expenses related to the dispute etc.). However, situations where the Company is responsible due to the intention or gross negligence shall be excluded.
Article 12. Prohibited Conduct
When using the Services, User must not engage in the conduct set forth in the following items.
- Conduct that infringes or is likely to infringe on the copyrights, design rights or other Intellectual Property Rights of the Company or third parties;
- Reproducing Posted Information Posted etc. to the Services or a related services without the consent of the copyright holder (author);
- Engaging in activities that have a commercial or business objective, use that has a profit-making objective, or use in preparation for such profit-making objectives, regardless of the means, by using, diverting, reselling, reproducing, transmitting, translating, adapting, modifying, and so on the Services or a portion of the Services (the content, information, functions, system, programs, etc.) or other secondary use or reproduction of the Services;
- Conduct that infringes or is likely to infringe on the property, privacy, or rights to likeness of the Company or third parties;
- Engaging in inappropriate discrimination against or malicious slander of the Company or a third party, abetting inappropriate discrimination against a third party, or harming the honor or reputation of a third party;
- Conduct in violation of the Act on Regulation of Stalking Conduct, making large numbers of telephone calls or telephone calls over an extended period of time or excessive and repeated inquiries of the same nature, transmitting large numbers of messages using a messaging function, or making demands regarding which there is no duty or which are baseless;
- Impersonation of another person;
- Conduct that is linked to or likely to be linked to fraud or other criminal behavior;
- Engaging in any of the following conduct in relation to the Posted Information data that constitutes constitutes obscenity, obscenity, child pornography, or child abuse in violation of laws, regulations, or other criteria established by the Company (referred to as “Improper Data”):
- Issuing, posting, editing, or displaying Improper Data;
- Selling media that contains Improper Data; and
- Posting or displaying advertisements that allude to the transmission, display, or sale of media that contains Improper Data;
- Conduct that is likely to glamorize, provoke, or abet suicide, self-injurious behavior, substance abuse, and so on;
- Posting etc. Posted Information data that contains any of the following:
- Information that maliciously slanders Posted Information that has been Posted etc.;
- Information that can be used to identify an individual (including cases where an individual can be identified by collating such information with other Posted Information that has been Posted etc.) such as the name, address, workplace, or telephone number of the contributor or third party (including employees of the Company)
- Information whose veracity is difficult to confirm and false information; and
- Other information that the Company determines to be inappropriate;
- Impersonating an operator or third party;
- Exchanging one’s use rights to the Services for cash, goods, or other economic benefit by any method other than the method specified by the Company;
- Acquiring multiple accounts of the same type (excluding cases specifically permitted under Article 11);
- Posting Posted Information for the purpose of commercial advertising, publicity, or inducement (except in cases specifically permitted by the Company), Posted Information that contains affiliate links, Posted Information that contains inducements to other parties such as MLM or “pay to surf,” Posted Information that induces traffic to adult sites, one-click fraud sites, sites intended to distribute viruses or other malicious computer programs, or other sites determined by the Company to be inappropriate (including simply posting links to such sites), or other Posted Information that the Company determines to be inappropriate;
- Inappropriately delaying responses to or ignoring communications from the Company or other Users who are conducting transactions between Users;
- Despite receiving any reward from a company, etc., acts that fall under the guise of a third party, such as advertising (“stealth marketing”), or acts using the Service in stealth marketing, etc;
- Using expression linked to discrimination on the basis of race, ethnicity, sex, age, belief, and so on;
- Conduct that imposes excessive loads on the Service servers, hinders operation of the Services or network systems, or is likely to have such results;
- Improperly rewriting or deleting data stored on the Company’s facilities;
- Transmitting or posting viruses or other harmful computer programs;
- Posting or editing expression that extols or incites extremist ideas or antisocial behavior;
- Posting or editing expression that extols or incites discrimination on the basis of race, belief, occupation, sex, religion, and so on;
- Posting or editing expression that extols or incites cult-like religious activity or extreme political activity;
- Using the Services to display, sell, purchase, register, or engage in other transactions involving the products set forth below:
- Stimulants, narcotics, psychotropic agents, marijuana, opium, poisons, toxic substances, and other prohibited goods;
- Marijuana seeds and products related to legal drugs (unregulated drugs);
- Firearms, swords, weapons, explosives, chemical weapons;
- Products that contain images or other data corresponding to obscenity, child pornography, or child abuse;
- Products that contain uncorrected representations of exposed sexual organs or explicit images of sexual intercourse;
- Used undergarments, uniforms, etc.;
- Prostitution and child prostitution;
- Products relating to gambling, lotteries, etc.;
- Products relating to unlimited chain investment schemes and multi-level marketing;
- Counterfeit currency, public documents (including driver’s licenses and passports), memberships, documents, electromagnetic recordings, and other such products;
- Bank accounts and the like;
- Gift cards, prepaid cards, revenue stamps, postage stamps, multiple use tickets, other securities, and coupons;
- Counterfeit brand products, imitation products, and pirated versions (illegal copies, etc.);
- Game copying devices, Pandora Batteries, and other devices that facilitate illegal copies and related products;
- Products obtained through theft, robbery, fraud, blackmail, embezzlement, misappropriation, or other crimes;
- Air guns, stun guns, pepper spray, swords whose possession is prohibited by laws and regulations; bugging devices, ultra-compact cameras, infrared cameras, and other products likely to be used for crimes;
- Products that infringe on patent rights, utility model rights, design rights, trademark rights, copyrights,
- Products regarding which the displaying party does not have sales rights and so on such as products for which the displaying party did not participate in the creation (not including cases where copyrights and other rights were assigned by the creator);
- Provision of services not involving a material creation and products likely to entail the provision of such services;
- Softwares that contain security threats such as computer viruses.
- Physical function examination kits, medical devices (medical supplies), pharmaceutical products, and pharmaceutical products the sale of which is prohibited in Japan;
- Human remains and parts of human remains;
- Animals, parts of animals, insects, and other organisms;
- Personal information, trade secrets, and other information not generally released to the public;
- Products for which a license or qualification required for sale is not held or satisfied;
- Other products whose trading violates laws and regulations (the Act on Specified Commercial Transactions, the Firearm and Sword Control Law, laws regulating narcotics, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and other relevant laws and regulations);
- Products intended to convert credit card credit limits to cash;
- Products for which the service provision period is lengthy;
- Products whose sale requires permits and approvals, registration, notice, and so on; and
- In situations where a User uses the Service to provide Products, license or service to other Users, the act that brings disadvantages to other Users of the Service, such as demanding different charges depending on the payment method.
- Other conduct that the Company determines to be inappropriate.
Article 13. Responses to Violation etc. and Cancellation of Registration
- Conduct consultations to resolve claims, demands, and so on with another person (including out-of-court dispute resolution proceedings);
- Demand deletion or revision of Posted Information;
- Delete all or some Posted Information, modify the scope of public disclosure, or make Posted Information inaccessible;
- Suspend use by the User;
- Compel the User to withdraw; and
- Reject a membership application.
- Users may not make any objection regarding the Company’s measures specified in the preceding paragraph.
- Users shall release the Company from liability in cases where the Company takes the measures specified in each item of Paragraph 1 in relation to outcomes caused by those measures.
- User acknowledges in advance that the Company may take the measures specified in Paragraph 1 at its discretion and without prior notice.
- In the case where User falls under any of the following items, the Company may, at its discretion and without prior notice, suspend use of the Services, compulsorily cancel User’s registration, and thereafter reject use of the Services by User.
- In the case where it is revealed that User submitted a membership application not in accordance with the method specified in Article 7, Paragraph 2;
- In the case where it is revealed that User falls under any item of Article 7, Paragraph 5;
- In the case where User suspends payments or becomes insolvent or a petition is filed for the commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement or special liquidation, or commencement of other comparable proceedings (this item is applicable to Users who use fee-based services);
- In the case where no response is made to an inquiry or other communication from the Company requesting a response for 30 or more days;
- In the case where multiple claims or inquiries regarding User are received by the Company from other Users or third parties;
- In the case where the Company determines that User is not appropriate as a User; or
- In other cases determined by the Company to be inappropriate.
- In the case where a User falls under any items of the preceding paragraph and the Company temporarily suspends use of the Services by the relevant User or cancels the User’s registration, all obligations owed by User to the Company shall be accelerated, and User must immediately repay all obligations owed to the Company.
Article 14. Cancellation of Registration
- User shall follow the procedure provided by the Company to request for deleting the account when requesting for cancellation, and follow the methods provided by the Company to delete the account.
- In the case where User’s registration (in cases where User is registered under separate qualifications for an Individual Service, including such registration) is cancelled, all rights of User to use the Services shall be extinguished, and the Company may delete all Registered Information and Posted Information of User.
- The Company shall not bear a duty to restore the Registered Information or the posted content of the relevant User for any reason.
Article 15. Authority to Delete Posted Information
- In cases where a public agency or specialist (a national or regional public body, a reliability-confirmed body specified in the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders, Internet hotline, attorney, etc.) indicates or expresses an opinion that Posted Information is unlawful, contrary to public morals, or infringes on the rights of another person;
- In cases where a third party makes a claim of rights regarding Posted Information;
- In cases where the Company determines that Posted Information that has been Posted, etc. infringes on the copyrights of a third party;
- In cases where the Service experience problems due to the coding of letters in the Posted Information, or the Company determined the likeliness to be so.
- In cases where the volume of information registered by User exceeds the volume designated by the Company; or
- In other cases where the Company determines that it is necessary to delete the relevant information in accordance with laws and regulations or social norms.
Article 16. Procedures in Cases of Copyright Infringement
- In cases where there is an infringement of the copyrights to User’s own work on the Service, such User may provide notice to the Company by a method designated by the Company of the items designated by the Company.
- In cases where notice is made pursuant to the order of a court, public prosecutor’s office, or administrative organization, the Company shall respond in compliance with such order.
- Disputes relating to the infringement specified in Paragraph 1 shall be resolved among the parties at their own costs and responsibilities.In the case where the Company incurs damage as a result of such problems, the party/parties to whom such problems are attributable shall (if they are multiple parties, jointly and severally) pay compensation for such damage.
- This article shall apply mutatis mutandis to infringement of rights other than copyrights.
Article 17. Use Fees
Article 18. Warranties and Duties Relating to Posted Information
- When Posting etc. Posted Information using the Services, User warrants to the Company that the relevant Posted Information does not infringe on the rights of third parties.
- In the case where any dispute arises with a third party on the grounds that Posted Information Posted etc. by User infringes on the third party’s rights, User shall resolve the matter at its own expense and under its own responsibility and shall not cause any damage whatsoever to the Company.
- User shall, under its own responsibility, manage and store all data including images and text produced by User. User shall maintain appropriate backups of images, text, and other data uploaded to the Services, and the Company makes no warranties whatsoever regarding the preservation and so on of images, text, and other data.
Article 19. Ownership and Licensing of Intellectual Property Rights
- Know-how, copyrights, design rights, trademarks, patent rights, utility model rights, rights under the Unfair Competition Prevention Law Act (including rights to receive design registrations, rights arising from trademark applications, rights to receive patents, and rights to receive utility model rights; referred to as “Intellectual Property Rights”; corresponding rights in foreign countries and comparable rights that arise as a result of future amendment and so on of laws and regulations are included in Intellectual Property Rights) relating to the Services and to all text, images, videos, music, logos, services, programs, and other information ancillary to the Services as well as all other rights belong to the Company or the third parties who licensed to the Company the use, application, or implementation of those rights.
- Intellectual Property Rights and all other rights to Posted Information Posted etc. by using the Services belong to the User who created the relevant Posted Information; provided, however, that, if prescribed explicitly, the User hereby transfers the Intellectual Property Right to the Company.
- User authorizes the Company to use information which user posted in the following ways:
- The Company and third parties licensed by the Company shall provide the User's posted information free of charge within the necessary range for smooth provision, use promotion, advertisement / advertisement, construction, improvement and maintenance of the Company's system. Non-exclusive, permanent use, use (including modification of the necessary limit in light of the purpose of use) and implementation.For example, the Company post user's posted information on MangaFY official SNS account such as Twitter, Facebook, Instagram, website operated by our company, or materials created by our company for the purpose of promoting and introducing this service・ It can be reprinted.
- The Company may provide a function that allows user to view posted information on MangaFY and individual services, and our affiliated services. Post information may be processed according to the display format provided by the service. The Company will provide a means for users who have posted the information to check how the posted information is displayed in the service, and a contact point for inquiries about it.
- User shall not exercise author’s moral rights against the Company and third parties licensed by the Company in relation to the use, application or implementation etc. within the extent prescribed in the preceding paragraph.
- When the Company uses Posted Information in the format specified in Paragraph 3, the Company is entitled to omit display of some information or names and so on (including display of nicknames and other modified names).
Article 20. Original work and translation in the translation function
In the Service, in order to deliver the work to more users, a function has been set to solicit a translation from the user for the title, caption (description) or the text of the work in some of the posted information. The process up to the reflection of the translation and the attribution of the rights of the translation submitted by applying for the offer are as follows.
- work submission user:
- A work submission user is a user who submits a work on the Service.
- When submitting or editing a work on the Service, the work submission user sets whether or not to request a translation for each work.
- The user who submits the work can choose whether to approve the translation provided by the translation user (defined in the next section). In addition, the work submission user can choose whether to publish only the approved translation or to publish the provided translation once and approve it later.
- If the Work Contributor determines that the translation is malicious, the Work Contributor may block the Translator who posted the translation and return the translation of the Work to the content immediately prior to the translation by the Translator.
- Upon approval of the translation by the work submission user, the copyright of the translation (including Articles 27 and 28 of the Copyright Act; the same shall apply hereinafter) is transferred from the translation user to the work submission user free of charge.
- Translation user:
- A translation user is a user who provides a translation on the Service. No special qualifications required.
- If a translation is solicited for a work posted on the Service, the translation user can provide a translation to the translation solicitation part of the work. However, if the translation user is blocked by the user who submits the work, no translations can be provided to the work of the user who submits the work unless the block is removed.
- The copyright of the translation approved by the Work Contributor shall be transferred to the Work Contributor free of charge at the time of the approval. When a translation user submits a translation, at the time of the submission, the translation user consents to the transfer of the copyright in respect of the translation submitted by the translation user to the user who submitted the work and to the non-exercise of moral rights.
- When a translation is approved, the user name of the translation user who posted the translation before the translation is approved is listed as a translation contributor. However, this does not apply to translation users who are blocked by the user who submitted the work.
Article 21. Translation of Tags
Within the functions of some of the Services, User may propose translations of tags attached to Posted Information into Roman letters or other languages (“Tag Translations”) for the purpose of facilitating the use of search functions within the Services by individuals who use various languages. In such cases, User shall comply with the conditions set forth in the following items. Users shall propose Tag Translations after agreeing to the following items.
- Proposed Tag Translations shall be used anonymously on the Services. The names of Users who make proposals shall not be displayed.
- Proposed Tag Translations may be used and modified without charge and non-exclusively to the extent necessary for the effective provision of the Services and related services, facilitation of use, advertising and publicity, and development, improvement, and maintenance of the Company’s systems. See (help) for examples of suggested translations .
- Proposed Tag Translations are provided to third parties as “anonymous translation data not including personal information” to enhance the quality of translations.
Article 21-2 Automatic Translation Function
- In the Services, users are permitted to use the function by which terms, sentences or posted information on the Service will be translated automatically (“Automatic Translation Function”) in certain cases designated by the Company. The languages to be translated shall be designated by the Company on the Services.
- The Company offers the Automatic Translation Function on the Services in order to display translations for users’ convenience and reference. The Company makes no warranties whatsoever regarding the accuracy, validity, or suitability for particular purpose, in relation to the Automatic Translation Function.
- In cases where users make an inquiry to the Company about translations by the Automatic Translation Function, the Company shall not bear a duty to reply or answer to such inquiry.
- The Company shall bear no liability whatsoever in regard to, and shall be in no way obligated to respond to, any problems arising between Users or between Users and third parties in connection with the Automatic Translation Function, except where explicitly specified otherwise.
- Users shall refer to and use the translations made by Automatic Translation Function under their own responsibility upon the prior consent of themselves to Paragraph 3 and 4 in this Article 22-2
Article 22. Monitoring Operations
- The Company shall have the right to mechanically filter messages sent and received on MangaFY Message, to maintain appropriate operation of the Service by suspending the message feature of the User who sent messages including inappropriate wordings.
Article 23 Disclaimers
- The Company will not participate in User communications and transactions, etc. Even in the event of a dispute between Users or between a User and a third party, the matter shall be resolved between the relevant Users or the User and third party, and the Company will not bear any responsibility whatsoever.
- In cases where the Company determines that it is necessary, the Company may, at its discretion and without the provision of notice to Users, modify, suspend, discontinue, or terminate the Services (including SDK and the like distributed by the Services, hereinafter in this Article 25 the same shall apply.) or delete or modify the particulars of the Services. In this case, the Company will not bear any liability to pay compensation or indemnification for any direct or indirect damage, losses, or other expenses (whether foreseeable or unforeseeable) incurred as a result of such modification, etc. of the Services.
- Implementation of periodic or emergency maintenance to the Services’s equipment, etc.;
- Unavailability of the Services because of disaster, power outage, or the like;
- Unavailability of the Services because of earthquake, explosion, flooding, tsunami, or other natural disaster;
- Unavailability of the Services because of war, riot, civil disorder, disturbance, labor dispute, or the like;
- Breakdown, upkeep, maintenance or the like of equipment and systems used by the Company;
- Decrease of display speeds or other failures due to excessive accesses or other unforeseeable factors;
- Occurrence of a security problem that cannot be prevented by the usual techniques such as preventing viewing use , known-free software and anti-virus measures
- In other cases where the Company determines that temporary suspension of the Services is necessary for operational or technical reasons.
- The Company makes no warranties whatsoever regarding the accuracy, timeliness, usefulness, reliability, or suitability for particular purpose of the Services, the absence of any actual or legal defects, or the absence of any infringement on the rights of third parties. The Company will not bear any duties whatsoever to provide the Services free of such defects etc. Further, the Company makes no warranties including warranties regarding the status of provision of the Services, accessibility, or status of use.
- In cases where User uses the Services or information learned from the Services, User must comply with laws and regulations in the country or region of use, and the Company will not bear any liability whatsoever regarding violations of laws and regulations by User.
- The Company shall provide to Users a simple and high-quality payment environment and information on User needs, but the Company makes no warranties regarding the absence of problems and so on in payment transactions. Further, the Company will not bear any duties to make permanent updates or improvements to or correct problems etc. in the Services.
- The Company will not bear any duty to manage or store Posted Information Posted etc. by Users.
- The Company will not bear any liability whatsoever regarding the lawfulness, accuracy, and so on of Posted Information Posted etc. by Users. The Company will also not bear any liability whatsoever regarding the compliance of Posted Information Posted etc. by User with the internal rules and the like of the corporations, organizations, and so on with which the relevant User is affiliated.
- In the cases set forth below, the Company is entitled to access, store, or disclose to third parties (referred to in this paragraph as “Access etc.”) the details of the relevant Posted Information unless such Access etc. violates such User’s secrecy of communications. The Company will not bear any liability whatsoever with regard to any resulting damage incurred by Users.
- If the Company sends an email or text message to the Registered Email Address of the User who Posted etc. the Posted Information requesting consent to Access etc. and the circumstances set forth in the any of the following items occurs;
- If User consents to Access etc.;
- If an email or text message response from User is not received by the Company’s email servers within seven days from when the Company sent an email or text message requesting consent to Access etc.; provided, however, that this shall not include instances resulting from emergency or other unavoidable circumstances;
- In cases where Access etc. is necessary to identify and resolve technical problems with the Services;
- In cases where a proper inquiry is received from a court, the police, or other public agency pursuant to laws and regulations;
- In cases where there is an imminent risk to the life, body, or property of a person and the Company determines that there is an urgent need for Access etc.; or
- In other cases where Access etc. is necessary for proper operation of the Services or related services.
- If the Company sends an email or text message to the Registered Email Address of the User who Posted etc. the Posted Information requesting consent to Access etc. and the circumstances set forth in the any of the following items occurs;
- In cases where the Company determines that ther
- the Company will not bear any liability whatsoever for damage incurred by User because of the Company’s nonperformance of obligations due to the Company’s negligence (excluding gross negligence) or unlawful conduct by the Company and that has occurred due to special circumstances (including cases where the Company or User foresaw or could have foreseen the occurrence of damage).
- the Company will compensate for actual damage incurred by User arisen normally and directly because of the Company’s nonperformance of obligations due to the Company’s negligence (excluding gross negligence) or unlawful conduct by the Company; provided, however that for User who incurred such damages in relation to fee-based services the amount of such compensation shall not exceed the total amount of payment for use fees etc. that is actually received by the Company from the damaged User within the period of 1 month prior to happening of the cause of such damages, or for Uses who incurred such damages in relation to free services the amount shall not exceed 1,000 USD.
- Other than the cases fell in the preceding paragraph, in cases where the Company, by any chance, bears liability to User in relation to use of the Services by User pursuant to the preceding paragraph, except in the case of the Company’s willful misconduct or gross negligence, the Company shall pay compensation for actual damage incurred by User to the extent of ordinary and direct damage, and in the case of fee-based services, up to the aggregate amount of use fees paid to the Company by User during the one-year period before User has made a claim for such compensation for damage.
Article 24. Exclusion of Anti-Social Forces
- User represents and warrants that it is currently not a member of an organized crime group, a person cease to be a member of an organized crime group within the past five years, a quasi-member of an organized crime group, a constituent member of a company affiliated with an organized crime group, a corporate extortionist (sokaiya), a social campaign advocate racketeer (shakai-undo-to-hyobo-goro), a crime group with special intelligence, or any other person comparable to the foregoing (“Anti-Social Forces etc.”) and that it does not cooperate with and is not involved in the maintenance, management, or operation of any Anti-Social Forces etc. such as by the provision of funds or otherwise does not have any interaction with or involvement in any Anti-Social Forces etc.
- User represents and warrants that it shall not directly or through the use of third parties engage in the conduct set forth in the following items with regard to other Users and the Company.
- Use of violent or threatening expression or behavior;
- Unjust demands that exceed legal responsibility;
- Conduct damaging the reputation or obstructing the business of other parties by spreading rumors, or using fraudulent means or force;
- Other conduct comparable to the preceding items.
Article 25. Links to External Sites
- With regard to external sites linked from content or advertising in the Services, the Company does not make any express or implied warranties regarding the accuracy, timeliness, completeness, merchantability, or fitness for particular purpose with regard to information displayed on those external sites, and even in the case where User or a third party incurs damage or detriment as a result of using such external sites, the Company will not bear any liability whatsoever. Each User is requested to access external sites based on its own determinations and under its own responsibility.
- The presence of links to external sites from information provided on the System does not signify the existence of any commercial relationship between the Company and the relevant external site.
Article 26. Notices and Communications
- In cases where it is necessary to provide notice to or communicate with the User, the Company shall mail documents, post on a website, or use email or. In cases where User determines that communication with the Company is necessary, User shall communicate with the Company by using methods designated by the Company. In cases where the Company provides notice to or communicates with User by posting on a website, such notice or communication shall take effect after the passage of 48 hours from its posting, and in the case where the Company uses other means, the notice or communication shall take effect when sent by the Company to User.
- Except in cases where the Company determines that it is particularly necessary, the Company shall not accept communications by telephone or in person.
- Except when pursuant to laws, regulations, statutes, and the like in Japan, the Company shall not disclose or divulge to third parties other than User any personal information of User learned in relation to provision of the Services and shall not use such personal information in excess of the scope necessary for provision of the Services.
- Except in the cases specified in the following paragraph, the Company shall not disclose email communication histories to third parties.
- The Company may disclose the subject matter of an inquiry without obtaining User’s agreement in the case of investigation, seizure, or the like in the form of compulsory disposition pursuant to an order issued by a judge, in the case of an inquiry (Code of Criminal Procedure, Article 197, Paragraph 2) from a public agency with investigative authority pursuant to statute, and in other cases where provision is required pursuant to laws and regulations.
Article 26-2 Handling of Fan Letters etc.
- The Company shall not act as an intermediary for any mail sent to users, including fan letters (“Fan Letter(s) etc.”). Please send fan Letters etc. directly to the target user. If Fan Letter etc. reaches the Company, the Company will dispose of the Fan Letter etc. and will not return it to the sender of the Fan Letter etc. (“Sender”).
- As a general rule, Fan Letters etc. received by the Company will be destroyed without being opened. However, in cases where it is difficult to dispose of Fan Letters etc. in an unopened package, we may have no choice but to open the package and dispose of them.
- The Company shall not be liable to the User, the Sender, or any third party for any damage incurred by the User, the sender, or any third party as a result of the Company's actions as set forth in the preceding two paragraphs.
Article 28. Assignment of Business, etc.
- In the case of the preceding paragraph, User consents in advance to a Business Assignment etc.
- The Company is entitled to assign to third parties its claims against Users, and the relevant User approves the provision of its personal information to such third parties for such purpose.
Article 29. Governing Law and Court of Competent Jurisdiction
- If litigation between User and the Company becomes necessary, the Tel Aviv District Court shall be the exclusive court of first instance.