Article 1 (Application)
This Terms shall apply to all relationships related to the Services between the user of the Services (hereinafter referred to as the “User”) and the Foundation.
Article 2 (Membership Registration)
- A person who wishes to use the Services (hereinafter referred to as a “Registrant Applicant”) shall agree to this Terms, complete the membership registration procedures for the Services in the manner prescribed by the Foundation, and upon approval by the Foundation based on the examination of entrance qualification prescribed by the Foundation, the membership registration shall be completed.
- The Foundation may not approve the application of Registrant Applicant for membership if it determines that the Registrant Applicant falls under any of the following cases, and is not obligated to disclose any reasons for such denial.
- In the event that any false, erroneous, or omitted information is found in any of the items reported to the Foundation
- In the event that the Registrant Applicant has ever violated this Terms
- Other cases in which the Foundation determines the registration is not appropriate.
Article 3 (Management of ID and Password)
- Members are responsible for the proper management and storage of their ID and password for the Services, and shall not allow any third party to use them, or lend, transfer, change the name of, buy or sell, or otherwise dispose of them.
- If a member discovers that his/her ID and password have been stolen or used by a third party for the Services, the member shall immediately notify the Foundation to that effect and follow the Foundation’s instructions.
- The member shall be liable for any and all damages (including reasonable attorneys’ fees) incurred by the Foundation or any other third party due to inadequate management of the ID and password, error in use, use by a third party, or otherwise.
Article 4 (Prohibited Matters)
In using the Services, the User shall not engage in any of the following acts:
- Acts contrary to laws and regulations or public order and morals;
- Conduct related to criminal activities;
- Use of the Services for any unauthorized purpose;
- Any act that infringes or may infringe intellectual property rights, portrait rights, rights of privacy, honor, or any other rights or interests of the Foundation or any third party;
- Actions that place an excessive burden on the Service’s network or system.;
- Acts that may interfere with the operation of this Services;
- Collecting or accumulating personal information of other users;
- Advertising, publicity, solicitation, or business activities on the Services that are not authorized by the Foundation;
- Impersonation of a third party;
- Acts of using the ID or password of other users of the Services, or allowing a third party to use, lend, transfer, change the name of, sell, or otherwise dispose of one’s own ID or password;
- Acts that cause disadvantage, damage, or discomfort to the User, the Foundation, or other third parties;
- Providing benefits directly or indirectly to antisocial forces; or
- Other activities that the Foundation determines inappropriate.
Article 5 (Suspension of this Services)
The Foundation may suspend or discontinue all or part of the Services without prior notice to the User for any of the following reasons, and shall not be liable for any damages incurred by the User as a result of such suspension or discontinuation.
- When performing inspections or maintenance work on computer systems related to this Services
- In the event that this Services cannot be operated due to computer or communication line failures, mishandling, excessive concentration of access, unauthorized access, hacking.
- In the event that this Services cannot be operated due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, natural disaster.
- In any other cases where the Foundation determines it necessary to suspend or discontinue the Services.
Article 6 (Attribution of Rights)
- All copyrights and other intellectual property rights related to the Services belong to the Foundation or third parties that have granted the Foundation the rights to use the Services, and the permission to use the Services under this Terms e does not imply a license to use the intellectual property rights of the Foundation or parties that have granted the Foundation the rights to use the Services.
- Copyrights (including the rights stipulated in Articles 27 and 28 of the Copyright Act) related to experiences and other information posted by the User through the Services shall be transferred to the Foundation as soon as he/she is posted, and the User shall not claim any rights, including the exercise of moral rights, with respect to such information.
- The User may not adapt, edit, or modify the Services or information provided by the Foundation, or allow a third party to use or publish such adaptations, edits, or modifications without the Foundation’s permission, and may not engage in any conduct that may infringe on the intellectual property rights of the Foundation or any party that has granted the Foundation the right to do so for any reason (including disassembling, decompiling, and reverse engineering).
Article 7 (Termination of Registration)
- If the Foundation determines that a member falls under any of the following items, the Foundation may, at its discretion and without prior notice or demand, temporarily suspend the member’s use of the Services, terminate the member’s registration, or take any other action that the Foundation deems appropriate.
- Violation of any of the provisions of this Terms
- When it is found that there is a false fact in the registration information
- In any other case in which the Foundation determines it inappropriate for the member to use the Services or to continue his/her registration as a member.
- The Foundation shall not be liable for any damages incurred by the member as a result of actions taken by the Foundation pursuant to this Article.
- Members may withdraw from their membership in the Services and terminate their registration in accordance with the procedures prescribed by the Foundation. A member who deletes his/her registration may not be able to use all or part of the Services from the time of deletion.
Article 8 (Change or Termination of the Services)
- The Foundation may change the contents of the Services or terminate its provision at its convenience.
- The Foundation shall not be liable for any damages incurred by the User as a result of actions taken by the Foundation pursuant to this Article.
Article 9 (Compensation for Damages)
In the event that the Foundation suffers direct or indirect damages as a result of a User’s breach of this Terms or other use of the Services by the User (including cases in which the Foundation receives a claim for damages or any other claim from a third party arising from or in connection with such conduct), the User agrees to indemnify the Foundation for all damages (including reasonable attorneys’ fees).
Article 10 (Disclaimer of Warranty and Disclaimer of Liability)
- The Foundation makes no warranty, express or implied, that the Services meet for a particular purpose, has the value, functionality, accuracy, or usefulness expected by the User, that the User’s use of the Services conforms to applicable laws, regulations, or internal rules of any industry organization, that the Services will be continuously available, or that defects will not occur.
- Any transactions, communications, disputes arising between the User and other users or third parties in connection with the Services or the Foundation’s website shall be resolved by the User at their own responsibility, and the Foundation shall not be liable for any such matters.
- The Services may contain links to other websites that are completely independent from the Services. The Foundation makes no warranty as to the accuracy, certainty, or reliability of the information contained in such linked websites. In addition, links to other sites do not constitute an endorsement by the Foundation of the third party’s website, products, or services, regardless of the form of the link. If you choose to browse or use external sites from the Foundation’s website, you do so at your own risk.
Article 11 (Confidentiality)
The User shall treat as confidential any non-public information disclosed by the Foundation to the User in connection with the Services that the Foundation requires to be treated as confidential, except with the Foundation’s prior written consent.
Article 12 (Handling of User Information)
Article 13 (Modification of this Terms)
The Foundation may modify this Terms at any time when deemed necessary by the Foundation. In the event of modification of this Terms, the Foundation will notify the User of the revised Terms and the effective date of the revised Terms by posting the revised Terms on the Foundation’s website or by any other appropriate means. Provided, however, in the case of changes that require the consent of the User under the law, the Foundation shall obtain the consent of the User in a manner prescribed by the Foundation.
Article 14 (Notification)
- Inquiries and other communications or notifications from the User to the Foundation concerning the Services, as well as notifications and other communications or notifications from the Foundation to the User concerning changes to this Terms, shall be made in the manner prescribed by the Foundation.
- In the event that the Foundation sends a communication or notice to an e-mail address or other contact address included in the registration information in order to notify the member, such communication or notice shall be deemed to have been received at the time it would normally be received.
Article 15 (Assignment of Rights and Obligations)
The User may not assign, transfer, hypothecate, or otherwise dispose of its rights or obligations under this Terms to any third party without the Foundation’s prior written consent.
Article 16 (Severability)
Even if any provision of this Terms or part thereof is determined to be invalid or unenforceable under any law or regulation, the remaining provisions of this Terms and the remaining portions of any provision that is determined to be invalid or unenforceable in part shall continue to be in full force and effect.
Article 17 (Governing Law and Court of Jurisdiction)
- This Terms shall be governed by and construed in accordance with the laws of Japan.
- The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or in connection with this Terms.
[Established on August 4th, 2022]