Article 1 Definitions
1. “We”, “Our”, and “Us” shall mean iMobile, Inc.
2. “Wepage Site” shall generally mean the website-building services provided by Us.
3. “Service” shall mean all services provided through Wepage Site.
4. “User” shall mean the Member and any other users of the Service.
5. “Applicant” shall mean those who wish to use the Member Service.
6. “Member” shall mean the Applicant who agrees to these Terms and applies for the Service in the manner specified by these Terms and Us, and then whose application is approved by Us.
7. “Member Service” shall mean those Services provided exclusively for the Members as set forth in Article 3.
8. “Contents” shall collectively mean the media and document files, including the website page templates and texts, messages, information, data, graphics, photos, images, illustrations, animations, software, audio, and videos constituting such templates.
9. “Provided Contents” shall collectively mean the Contents We provide for the Members as a part of the Member Service.
10. “Stored Information” shall collectively mean the Contents created and stored by the Members.
11. “Registration Information” shall all kinds of information, including personal information, which the Applicants and the Members provide for Us to use the Member Service.
12. “Personal Information” shall mean, among the information which the Applicants and the Members provide for Us to use the Member Service, such information about a living individual that can identify the specific individual (including such information as will allow easy reference to other information and will thereby enable the identification of the specific individual).
13. “Password” shall mean, among the information which the Applicants and the Members provide for Us to use the Member Service, such information that is necessary for Us to authenticate connection by the Members, including email addresses and passwords.
14. “Wepage Website” shall mean the websites created by the Members by use of the Service.
15. “Administrator” shall mean the Member who administrates the Wepage Website.
16. “Editor” shall mean the Member who is invited by the Administrator to edit the Administrator’s Wepage Website.
17. “Site Member” shall collectively mean the Administrator, the Editors, and any other Members who are involved in the joint editing of a specific Wepage Website.
18. “Administration Screen” shall mean a certain screen on the Wepage Website where the Member is able to confirm and change the Registration Information.
19. “Withdrawal” and “Withdraw” shall mean that the Member discontinues to use a part of or the entire Member Service by taking the procedure specified by these Terms and Us.
20. “Campaign” shall mean a prize competition and similar services offered to the Members or the Applicants for a limited period of time.
21. “Questionnaire” shall mean Our act of presenting questions to the Members or the Applicants and requesting their answers, voting, and posting via websites and by email.
22. “Prize Winner” shall mean a person whom We designate in the manner We specify as a winner in the Campaign or the Questionnaire.
23. “Antisocial Force” shall mean any person or organization which is, or is equivalent to, an organized crime group, a member of an organized crime group, a member involving with an organized crime group, a corporate racketeer, a criminal organization falsely registering as a political organization, a criminal organization abusing special knowledge, or any other party associated with an antisocial force.
Article 2 General Provisions
We provide the service of, and other services offered through, Wepage Site in accordance with these Terms. In addition to these Terms, other notice, regulations, and rules on respective services and functions under the Service which are separately notified in writing or posted on Our website shall constitute a part of these Terms and have the same effects as these Terms.
2. Amendment of These Terms
- We may revise the provisions of these Terms without prior notice to the Members. In this case, the posting of the revised Terms on Our website shall be treated as the notice of such revised Terms to the Members, and after such posting, it shall be regarded that the Members agree to observe the revised Terms. The Members are required to regularly visit Our website to find any revision to these Terms and, if any, the specific revised provisions.
- If any revision of provisions made pursuant to the preceding Paragraph affects the basic matters of the Service, We shall give notice of the revised provisions to the Members in the manner We specify.
- If any provision of these Terms is determined to be illegal, unjust, or otherwise invalid for whatever reasons, such invalidity shall not affect other provisions of these Terms.
3. Method of Giving Notice
Notice of any matter concerning these Terms from Us to the Members shall be given by posting on the Administration Screen, in writing, by email, or in any other method We designate.
Article 3 Purposes of Service
1. Outlines of Service
- The Users may use Our Wepage Website service and other contents-creation services offered on Our website of site.wepage.com, which is administered, maintained, and operated by Us. When necessary, We may add new services or change the Service, and the Users shall use the Service with prior understanding of such change.
- All communications expenses incidental to the use of the Service, such as the cost of email reception by communications devices (including mobile phones) and the cost of viewing the Wepage Website, shall be paid by the Users.
2. Member Service
- The Member Service shall include, but not limited to, the use of the Provided Contents on the Wepage Website and any additional functions. We may, at any time, offer to the Members new services in addition to those stipulated in Article 3. The Members shall use the Service within the limitation established by Us such as the Member’s age and the environment of use.
- We may provide the Member Service for the Members on the Administration Screen.
- We may view any information involved in the Member Service within the scope necessary for the operation of the Service. In case We determine that any information conflicts with these Terms, We are entitled to fully or partially keep such information unpublicized or delete such information without prior notice to the Member.
3. Placing and Delivering Advertisements
We may, without the prior consent of the Users, place and deliver advertisements for Us and for third parties by use of the Service.
4. Provision of Wepage Websites to Tie-Up Companies
Without the prior consent of the Members, We may, in the manner We consider appropriate, classify, publicize, or provide for tie-up companies and other third parties the Wepage Websites created and published by the Members.
5. Campaign and Questionnaire
- We may implement the Campaign and the Questionnaire targeting the Members or the Applicants at any time.
- Copyrights, other intellectual property rights, and any other rights accruing in and to the answers provided in the Campaign and the Questionnaire shall be transferred to Us at the time when the Members or the Applicants send such answers to Us. We shall use the information contained in such answers in accordance with the rules of handling the Registration Information set forth in Article 6 and the rules of handling the Personal Information set forth in Article 7.
- In the course of the Campaign and the Questionnaire, We may offer gifts to the Prize Winners.
- The Members or the Applicants participating in the Campaign and the Questionnaire may be required to register, in the manner We specify, such information that is necessary for Us to offer the gifts.
- In case the registration pursuant to above Paragraph is not completed, false information is registered, or the registration of false information is suspected by Us, the relevant Prize Winner cannot receive the gift.
- We are not obligated to compensate damage incurred by the Prize Winner in connection with the gift and the matter specified in the preceding Paragraph.
- The Prize Winners may not assign to third parties, transfer, pawn, or otherwise dispose of the rights in connection with the gift.
Article 4 Use of the Service
1. Conditions of Use and Membership Registration
- The Applicants shall register themselves as the Members in the manner specified in these Terms and by Us, after giving consent to all provisions of these Terms including the followings, with regard to the maintenance of security of the Registration Information, the Provided Contents, and the Stored Information.
- The Registration Information must derive from the Applicant in person, and the registration of false information is prohibited. Creating an account by use of an email address and other information of any other person is also prohibited, if permission is not obtained.
- Application for the Member Service by the Member whose use of the Service was suspended by Us is prohibited, if Our permission is not granted.
- Application for the Member Service by children younger than 13 years old is prohibited. If We determine that any Member is under 13 years old, We may delete all Registration Information and Stored Information of such Member.
- Application for the Member Service by anti-social forces is prohibited.
- Application for the Service shall be effectively completed at the time when We issue an account to use the Administration Screen to the Applicant.
2. Password Control and Change of Registration Information
- The Members shall control their Passwords at their risk and expense, and shall not allow third parties to use the Password, assign to third parties, transfer, pawn, otherwise dispose of the Password, or disclose the Password to the public.
- The Member shall be responsible for any damage caused by leakage of information, erroneous use or use by third parties of the Password, and unauthorized access caused by the Member’s insufficient management of the Password, and in this case, We will not bear any responsibility. If damage is incurred by Us due to unauthorized use of the Password, the relevant Member shall compensate Us for such damage.
- When there is any change to the Registration Information, the Password is known by a third party, or the use of the Password by a third party is suspected, the Member shall immediately notify Us in the manner specified in these Terms and by Us, and shall take every possible measure to prevent the use of the Password by the third party and follow Our instructions, if any. If the Member suffers detriment as a result of failure to give notice and take measures as stipulated above, We will not bear any responsibility.
- If the Member fails to give notice as set forth in the preceding Paragraph, We may treat such Member as a Withdrawn Member.
3. Non-assignment of Rights and Obligations
The Users, without Our prior written approval, may not assign to third parties, transfer, pawn, or otherwise dispose of any right or obligation under these Terms.
4. Refusal of Application
If any item listed in above Paragraph 1 (a) is applicable to the Member, We may deny such Member’s application for the Service.
Article 5 Optional Paid Service
1. Service Items
The items available as the optional paid service shall be presented on Our website or in Our service brochure.
2. Application for Optional Paid Service
- The service contract of the optional paid service shall become valid when the Member applies for the optional paid service, We approve such application, and then the Member’s Service account is given the authority to use the optional paid service.
- We may deny application for the optional paid service by the Member, if any item listed in Paragraph 1 (a) of Article 4 is applicable to such Member or any act stipulated in Article 13 is conducted, or likely to be conducted, by the Member.
3. Commencement of Optional Paid Service
When the service contract of the optional paid service becomes valid, We shall give notice to the Member, in the manner We specify, of the dates of commencement and termination of the service, the confirmation of the applied service, and the service fee.
4. Renewal of Optional Paid Service
- If the Member does not give notice, in the manner We specify, of the intention not to renew the service contract of the optional paid service one month before the date of termination of the service, such service contract shall be automatically renewed starting on the day following the date of termination of the service.
- When the service contract of the optional paid service is renewed, We shall give notice to the Member, in the manner We specify, of the dates of commencement and termination of the service, the confirmation of the applied service, and the service fees.
5. Change of Service Items and Fees
- We may change the service items and fees of the optional paid service pursuant to the provisions of Article 14. If the fee of any optional paid service is revised after the commencement of the service to the Member, We, in principle, shall not apply the new fee to such Member during the effective term of the service contract of such optional paid service. However, this does not apply if We determine that the application of the revised fee is necessary. Members are required to regularly visit Our website to find any change to the service items and fees of the optional paid service and, if any, the specifics of the changed items and fees.
- The Member may apply for any service item of the optional paid service and request the change of service items in the manner We specify.
6. Abolition of Service Items
- We may abolish certain service items of the optional paid service for Our convenience. In this case, We give notice to the Members at least seven days before the date of abolition.
- If a certain service item is abolished pursuant to the preceding Paragraph, the Member may use an alternative service instead of the abolished service by making request to Us. In this case, the provision of Paragraph 2 (b) of Article 5 shall be applicable to such request.
7. Termination of Service Contract
The Member may terminate the service contract of the optional paid service pursuant to the provision of Paragraph 4 of Article 5. Nonetheless, the Member shall understand and acknowledge that processing termination request may take a certain period of time for reasons of the computer system. After the completion of the termination process, We shall give notice to the Member in the manner We specify.
8. Payment of Fees
- Charges incidental to the payment of fees pursuant to the preceding Paragraph shall be paid by the Members.
- If the Member fails to pay fees under these Terms by the due date, the Member shall pay Us a late charge of 14.6% per annum accruing from the day following the original due date until the day of payment.
- In case the offer of the optional paid service to the Member is suspended, discontinued, or restricted pursuant to the provisions of Article 14, the obligation of the Member to pay the fee shall not be exempted.
- Due to the nature of the optional paid service, fees for the service are not refundable. The Members shall acknowledge that, once the service contract for the optional paid service becomes effective, refund of the fees is not available when the service contract is terminated before the expiration date.
9. Refund of Fees
- In case We need to refund fees received from the Member for reasons such as overpayment (by paying the same invoice twice) and payment of an erroneous amount, the Member shall provide Us with necessary information designated by Us.
- In case the Member fails to provide the information stipulated in the preceding Paragraph or We are unable to reach the Member at the provided email address, and consequently We are unable to refund the fee to the Member, We will be released from any responsibility to such Member, and the Member shall not challenge Us about such treatment.
- If We tried to refund the Member but the refund is not received by the Member for one year or more for reasons stated in the preceding Paragraph or any other reasons, it shall be deemed that the Member has waived the right to receive the refund. In this case, We will have no obligation to respond to subsequent claim for the refund by the Member.
- Charges incidental to the refund of the fees shall be paid by the Members, unless We determine that Our negligence is the obvious cause of the refund.
Article 6 Registration Information
1. We use the Registration Information for the following purposes.
- Operation of the Service, including the provision of various information for the Members.
- Provision of information regarding the products and services of Our tie-up companies.
- Implementation of the Questionnaire set forth in Paragraph 5 of Article 3 and the analysis of the results of the Questionnaire.
- Notification to the Members of the matters set forth in Paragraph 1 of Article 14.
- Request for the Members’ consent to the acquisition and use of personal information as specified in Article 7.
2. We may provide the Registration Information for third parties in any of the following cases.
- We and third parties including Our tie-up companies need the personal information to offer services requested by the Member, and the Member agrees to the provision of its personal information.
- We provide the information as stated in above Paragraph 1 (c) to third parties including Our tie-up companies in a form where a specific Member cannot be identified.
- We receive a judgment or order from the court in which the disclosure of the personal information is ordered based on laws and regulations, or We receive inquiry from the police and other public agencies based on laws and regulations.
- The Member violates these Terms or laws and regulations in connection with the use of the services provided by Us or Our tie-up companies, and the provision of the personal information is necessary to protect the rights, property, and services of Us and third parties including Our tie-up companies, in a situation where obtaining the consent of the Member is difficult.
- The provision of the personal information is necessary to protect the life, body, or property of Us, the Member, or third parties, or any and all services We provide, in a situation where obtaining the consent of the Member is difficult.
- In any other cases where the provision of the personal information is allowed under the Personal Information Protection Act and other laws and regulations.
Article 7 Acquisition and Use of Personal Information
1. Official Trade Name
2. Privacy Administrator
Security & Network Chief Privacy Officer
3. Purpose of Use and Handling of Members’ Personal Information
The following is the intended use of the Members’ personal information.
- Provision of services.
- Notice of exhibitions, product information, and events by telephone, regular mail, and e-mail.
- Questionnaire survey for marketing activities such as consumer trends survey.
4. Commission of Handling of Personal Information
We may partially commit the handling of personal information to subcontractors for better services to the Members. We evaluate the level of personal information management at potential subcontractors and select those subcontractors where necessary security measures are in place. In addition, We properly manage and supervise Our subcontractors.
5. Optional Provision of Personal Information
Providing personal information to Us is optional for the Members. However, the Members acknowledge in advance that, if the Members do not provide the personal information, there may be cases where We are unable to reply or provide services to such Members.
6. Rights of Disclosure, etc.
With regard to personal information We obtain, We will respond to requests such as notification of the purposes of use; disclosure; correction, addition, and erasure of the information; discontinuation of the use of the information; deletion of the entire information; and discontinuation of the provision of the information for third parties. For such requests, please contact us at below contact information.
[Contact for Personal Information]
Address: VORT GaiemmaeⅢ BLD. 3F, 3-42-2 Jingumae, Shibuya-ku, Tokyo, Japan
TEL: 03-6743-7711 (+81-3-6743-7711 from outside Japan)
FAX: 03-6272-8904 (+81-3-6272-8904 from outside Japan)
Contact: Privacy division in charge of personal information
Article 8 Invitation to and Withdrawal from Site Members
1. The Administrators may invite the Users to be the Editors in the manner We specify. The invited User will be the Editor of the Administrator’s Wepage Website.
2. If the Administrator erroneously invites the User whom the Administrator does not intend to invite, the consequent damage to the Administrator’s Stored Information, if any, shall be borne by the Administrator, and We have no responsibility for such damage.
3. The Administrators may, under their own responsibility, remove the Editors of their Wepage Websites from the Site Members without giving notice to such Editors. Moreover, if the Administrators Withdraw from the membership pursuant to Article 9, their Editors are automatically removed from the Site Members of such Administrators.
4. The Editors may, under their own responsibility, Withdraw from the Site Members of the Wepage Websites without giving notice to the Administrators of such sites.
Article 9 Withdrawal from Membership
1. The Members may, by taking the procedure specified in these Rules and by Us, Withdraw from the membership at any time. Nonetheless, the Members shall understand and acknowledge that processing withdrawal request may take a certain period of time for reasons of the computer system.
2. After Withdrawal from the membership, the Members shall lose all granted rights, including the right to use all services stipulated in Article 3 and the optional paid service stipulated in Article 5, the right to be provided information by email and other media, and the right to win a prize in the Campaign and the Questionnaire.
3. In case any of the following matters is, or We consider that any of the following matters is, applicable to the Member, We may, at Our own discretion, immediately discontinue the use of the whole or a part of the Service by the Member, remove the Member from the membership, or take any other measure against the Member which We consider appropriate, without giving prior notice to the Member and obtaining the Member’s consent. In this case, We are not obliged to disclose the reason for taking such measure to the Member concerned. Moreover, if any damage is incurred by Us in connection with the measure We take, the Member shall compensate Us for such damage.
- The Member violates any provision of these Terms.
- The Member fails to pay, fully or partially, the fee, extra charge, or late charge by the due date and thereafter.
- The operation of Our business or Our telecommunications equipment including a server is obstructed for reasons attributable to the Member, or any action by the Member likely causes such obstruction.
- The Member’s property is subject to attachment or provisional attachment, or a petition for civil rehabilitation, bankruptcy, or corporate reorganization is filed by or against the Member.
- The Member causes trouble with a third party in connection with the use of the Service, or a third party submits complaint against the Member.
- The Member’s registered email address does not function.
- The Member takes any prohibited acts stipulated in Article 13, or any action by the Member is considered as the prohibited act.
- The Member deceased.
- There is any other reason for Us to determine that providing the Service to the Member is not appropriate.
Article 10 Wepage Websites and Contents
1. All rights in and to the Wepage Website created by use of the Service shall be retained by the Administrator of the site. The Administrator shall be solely responsible for the legitimacy, accuracy, appropriateness, validity, moral quality, and non-infringement of rights of others of the Administrator’s Wepage Website as well as its Contents.
2. Administrator’s transfer and publication of the Contents through the Service, by any media or method, shall be deemed the Administrator’s approval of Our use, copy, reproduction, processing, change, revision, publication, transfer, display, and distribution of such Contents without charge in accordance with Paragraph 4 of Article 3.
Article 11 Handling of Stored Information
1. We will not view, change, and delete the Stored Information, in principle. Nonetheless, if the disclosure of the Stored Information is required pursuant to any law, regulation, ordinance, or rule applicable to Us, We may respond to such request of disclosure.
2. Notwithstanding the foregoing, We may view, change, and delete the Stored Information if We consider it necessary to resolve technical trouble, to maintain security, or for other reasons for the operation of the Service, and the Members shall acknowledge such possibility in advance. In this case, We shall not be responsible for any relevant damage incurred by the Members, and the Members shall not make any claim against Us.
3. If the Stored Information is lost, destroyed, altered, or leaked for whatever reasons, the Company shall not bear obligation to restore the information and bear any responsibility to the Members or third parties who suffer damage from such loss, destruction, alternation, or leakage. In this case, the Members shall not challenge Us.
4. The Members shall be responsible for periodic backup of the Stored Information to prepare for its loss, destruction, alternation, or leakage.
5. If the Editor posts the Administrator’s Stored Information on the Wepage Website, the Administrator shall be solely responsible for such Stored Information, during the period when the Editor is the Site Member as well as after the Editor’s Withdrawal from the Site Member in accordance with Paragraphs 3 and 4 of Article 8.
6. Upon the Member’s Withdrawal from the membership, We are entitled to delete all Stored Information of such Member at Our discretion.
7. We take measures, within a scope commercially and reasonably feasible, against known defects which can lead to unauthorized access to, or loss, destruction, alternation, or leakage of, the Stored Information.
8. Except for the cases stipulated in these Terms, We do not disclose the Stored Information to third parties and use same for any purposes other than the performance of the Service.
Article 12 Copyrights and Other Intellectual Property Rights
1. Copyrights and other intellectual property rights, portrait rights, right of publicity and other moral rights, and right of ownership and other property rights in and to the texts, images, program, and any other information consisting of the Service shall belong to Us or third parties who have such rights, except for the rights in and to information generated by the Users (unless the Users Withdrew from the membership pursuant to Paragraph 2 and Article 9).
2. The Members shall agree that We may store, accumulate, and use in any format the Wepage Website which the Members create by use of the Service, for the smooth operation and improvement of the Service and the advertisement of Us or Our services (including carrying articles and contents introducing Our services in third party’s media).
3. In case the work created by the User infringes the rights of third parties, such User shall solve the issue at its expense and risk and shall not cause any trouble or damage to Us.
Article 13 Prohibited Acts
1. The Members or the Users shall not act in any way specified in below Paragraph 4, or post information or send emails (“Post”) which contain, or are suspected to contain, information or description as set forth in below Paragraph 4
2. If We determine that the Member or the User breaches the provisions of Article 13, We may delete the Posted information, suspend the Member or the User from using the whole or a part of the Service, remove the Member or the User from the membership, or take any other measures We consider appropriate.
3. In case the Member or the User breaches any provision of Article 13, We are entitled to claim for compensation for damage (including reasonable attorney’s fee) against the Member or the User.
4. The prohibited acts stated in above Paragraph 1 shall be as follows.
- Sending, mediating the transmission of, or receiving information containing obscenity, gambling, violence, or savagery, and any other act against, or likely against, the public order and morals.
- Criminal acts and any act abetting, or likely abetting, criminal acts.
- Acts of violating, or likely violating, copyrights, trademark rights, property, privacy, and other rights of other people.
- Acts of defamation and libelous acts, or acts of possible defamation and possible libelous acts.
- Acts of encouraging, or likely encouraging, sexual, ethnic, or racial discrimination.
- Sending, mediating the transmission of, or receiving, or likely sending, mediating the transmission of, or receiving, information containing harmful program, false or fraudulent information, or information conflicting with laws and regulations.
- Acts of threatening the security of the Service such as sharing the Registration Information with others.
- Commercial activities by use of the Service without Our approval.
- Spamming act, or possible spamming act, for the manipulation of search ranking results.
- Acts of disturbing, or likely disturbing, the operation of the Service or Our business operations.
- Any other acts determined inappropriate by Us.
Article 14 Change, Suspension, Discontinuation, and Restriction of Service
1. We may change, suspend, discontinue, and terminate the whole or a part of the Service for any reason without giving prior notice to the Members. Nonetheless, in the case of the abolition of the entire Member Service, We will give prior notice to the Members or post the prior notice on the Administration Screen, whichever We consider appropriate.
2. In any of the following cases, We may temporary suspend the Service without giving prior notice.
- When the Service is disturbed due to natural disaster, power outage, and any other reasons not attributable to Us.
- When the operation of the network relevant to the Service is affected by the failure and shutdown of telecommunication equipment owned by the relevant service providers.
- When disturbance occurs in Our telecommunication equipment.
- In any other cases where We determines that temporary suspension of the Service is necessary.
3. When maintenance or construction work for the telecommunication equipment is implemented in the facilities which affect Our network operation, We may temporary suspend the Service by giving prior notice to the Members as much as possible.
4. For maintenance services for the enhancement or supervision of security or performance, We may temporary suspend the Service by giving prior notice to the Members as much as possible.
5. If any act by the Member or by a third party who wrongfully accesses the Member’s account and uses the Member’s identity is correspondent to any of the acts specified in Paragraph 4 of Article 13, We may temporary suspend the Service without giving prior notice to such Member.
6. Rules on High Load
- If high load is likely to give material effect to the operation of the equipment, We may temporary suspend the whole or a part of the Service by the relevant User without giving prior notice.
- If the cause of the temporary suspension of the Service pursuant to the preceding Paragraph is attributable to the User, such User shall take either of the following measures.
- To remove the cause of the high load and continue to use the Service. In this case, the cost of work completed by Us, if any, shall be paid by the User.
- To Withdraw from the membership in accordance with Paragraph 3 of Article 9.
Article 15 Disclaimer
1. Scope of Maintenance
- We guarantee the normal performance of the Service according to Our standards. However, we do not guarantee that the Service normally operates with any load or in any circumstances.
- If the Service is suspended for reasons such as unexpected halt of the relevant equipment, We will attempt to restore the Service as quickly as possible, but will not guarantee the time limit of the restoration.
2. Service Operation
- We do not guarantee the legitimacy, accuracy, appropriateness, validity, moral quality, and the acquisition of license of any information contained in the Service. Moreover, the Users understand and agree that the Service may contain bugs, may be interrupted, or may not operate as intended or instructed.
- We will not be responsible for any trouble arising between the Users or between the User and a third party in connection with the Service (such as proposing illegal acts or acts against the public order and morals, defamation, insult, invasion of privacy, threatening, libelous acts, and harassment), unless such trouble is caused by Our intention or gross negligence.
- If any advertisement distributed under the Service violates the rights of the User or third parties, or any dispute arises from such violation of rights, We will not be responsible for such violation and dispute, unless such violation and dispute are caused by Our intention or gross negligence.
- We will not be responsible for any damage incurred by the Users arising from the change, suspension, discontinuation, and termination of the Service pursuant to Article 14 (including, but not limited to, damage arising from the loss of information), unless such damage is caused by Our intention or gross negligence.
- We will not be responsible for any damage incurred by the environments of the Users’ personal computers, smartphone terminals, mobile terminals, and software, or otherwise infection with a computer virus. We may give notice to the Users of suitable environments in the manner We specify.
- All transactions between the Members and third parties including the advertisers of the advertisements offered under the Service (including participation in prize competitions and promotional events) shall be conducted under the responsibility of such Members and third parties, and We will not be responsible for such transactions.
3. In addition to the cases stated above, We will not be responsible for any damage suffered by the Users arising from the use of the Service, unless such damage is caused by Our intention or gross negligence.
Article 16 Elimination of Antisocial Forces
1. Both We and the User shall represent and warrant to the other party that none of Us, the User, and the mangers and officers of Us and the User is an antisocial force on the date of accepting these Terms and thereafter.
2. Both We and the User may terminate the service contract for the Service without notice and compensation for damage, if either party determines that any of the following is applicable to the other party.
- The other party is, was, or was involved in, an antisocial force.
- The other party takes, or causes a third party to take, any of the following actions against the terminating party.
- Making illegal, or unreasonable and unjust request.
- Violent act, whether physical violence or intangible violence such as demonstration.
- Persistent demand of a certain act such as subscription of information magazines.
- Making a claim under a false qualification such as a victims' group.
- Any other act prohibited under the “Act on Prevention of Unjust Acts by Members of Organized Crime Groups”.
- The other party tells the terminating party that the other party is an antisocial force or related to an antisocial force.
Article 17 Governing Law and Jurisdiction
These Terms and all relevant legal acts shall be governed and construed in accordance with the laws of Japan, irrespective of the countries of residence of the Users. Any claim, legal procedure, and legal action shall be first submitted exclusively to the Tokyo District Court. Both parties shall agree to the jurisdiction of such court and waive all challenges of inconvenient forum.