Terms of Use
The Wraptas Terms of Service (hereinafter referred to as the "Terms") sets forth the terms and conditions for the Service (defined in Article 1) developed and operated by Peraichi Corporation (hereinafter referred to as the "Company").
Chapter 1 General Provisions1.(Definition)2.( Formation of the Service Agreement)3. (Provision of Member Information, etc.)4.(Management of Member Information)5.(Change of Member Information)6. (Display on Member Creation Page)7.(External Service)8. (Usage Precautions the Applications, etc.)9. (Handling of Service Usage Information, etc.)10. (Provision of the Member Information, etc. to Agents)11.(Products and Information Prohibited from Publication)12.(Prohibited Acts)13.(Intellectual Property Rights)14. (Introduction of Member Creation Page)15.(Service charge and payment)16. (Cancellation and Refund of Paid Services and Paid Contents)17.(Withdrawal from Membership, etc.)18. (Measures Against Violation of the Terms, etc.)19.( Exemptions)20.(Representations and warranties)Chapter 2 Domain Name Acquisition and Management Functions21. (Use of Domain Name Acquisition and Purchase Function)22. (Termination of Domain Name Acquisition and Management Function)23. (Measures at the Termination of the Agreement between the Company and the Domain Name Provider)24. (Other Disclaimers)Chapter 3 General Provisions25. (Compliance with Laws and Regulations)26. (Guidelines and Other Rules other than the Terms)27. (Assignment of Rights and Obligations and Legal Status under the Terms)28. (Modification, Suspension, Interruption or Discontinuance of the Contents of the Service)29. (Confidentiality)30. (Effective Term)31. (Reconsignment)32. (Measures after Termination)33. (Indemnification)34. (Survival Provisions)35. (Severability of the Terms)36. (Governing Law)37. (Court of Competent Jurisdiction)38. (Communication and Notification)39. (Amendment and Renewal of the Terms)40. (Effects of Individual Agreements)
Chapter 1 General Provisions
1.(Definition)
The definitions of Terms used in this Agreement are as follows:
- The term the “End User” means a user of the Member who visits the Member Creation Page.
- The term the “Member" means a customer who has applied for use of the Service in the manner specified in Article 2 and whose application for use of the Service has been approved by the Company
- The term the “Member Creation Page “is a website that the Member creates by using the Service.
- The term the “Intellectual Property Right” means a copyright, a patent right, a utility model right, a trademark right, a design right or any other intellectual right(including a right to grant of the intellectual or apply for the registration of the intellectual property).
- The term the “Domain Name Acquisition and Management Function” means a service provided by the Company to the Member that allows the Member to register domain names through domain name registration services provided by a third party with which the Company has an alliance that provides domain name-related services (hereinafter referred to as a "Domain Name Provider"), manage registered domain names, and perform any other domain-related services.
- The term the “Anti-Social force” means a gang, gang member, gang affiliated companies/organizations or their related persons, corporate extortionists, rogue person or group proclaiming itself as a social or political activist, rogue person or group proclaiming itself as a political activist , organized special intellectual crime group or their related persons, or any other anti-social companies/organizations or their related persons.
- The term the “Service” means the website creation service and related services provided by the Company to the Member under the name "Wraptas" (if the name or content of the service is changed for any reason, the service after such change is included in the Service.).
- The term the “Laws and Regulations” means laws, circular notices, guidelines, and other judicial and administrative regulations.
- The term the “Site” means the website operated by the Company for the provision of the Service.
2.( Formation of the Service Agreement)
- The Terms shall apply to all Members and customers seeking to become the Members who use the Service.
- If a customer seeking to become the Member is a minor, the customer shall obtain the consent of the customer's legal representative before applying for use of any paid-for the Service, and the customer shall represent and warrant that the costumer has obtained the consent of the customer's legal representative. If the Member who was a minor at the time of application for use of the Service Agreement uses the Service after reaching the age of majority, the Member shall be deemed to have ratified all legal acts related to the Terms.
- If the Company receives an application for use of the Service from a customer who seeks to become the Member in the manner prescribed by the Company and if the Company accepts the application, an Agreement for use of the Service based on the Terms (hereinafter referred to as the "Service Agreement") shall be formed between the Company and the Member. The Company may refuse to accept an application for use of the Service at its discretion, and shall not be obligated to disclose the reason for refusing to accept an application for use of the Service.
- Upon application for use as described in the preceding paragraph, the customer who wishes to become a member is deemed to have agreed to the Terms.
3. (Provision of Member Information, etc.)
- A customer seeking to become the Member shall accurately enter and transmit to the Company the customer's name, e-mail address, password, and other Member's information designated by the Company (hereinafter referred to as the "Member Information") through the registration form of the Service, and provide it to the Company.
- The Member shall promptly respond to requests from the Company to provide materials, information, etc. necessary for the provision of the Service, or to take other actions. The Company shall not be liable for any failure to provide the Service due to the Member's failure to provide such materials, information, etc. or other responses.
4.(Management of Member Information)
- The Members are responsible for managing the Member Information at the Member's own responsibility. Such management includes using complicated passwords by combining capital letters, small letters, special characters, etc., changing passwords on a regular basis, eliminating services that facilitate hacking, and taking other measures to prevent password leaks.
- The Company shall not be liable for any disadvantage or damage incurred by the Member due to loss or forgetting of the Member Information or use by a third party as a result of leakage of the Member Information. If the Member Information is leaked, the Member's account is used by a third party, or the Member confirmed that the account has been hijacked, the Member shall immediately contact the Company and follow the instructions of the Company's staff. In such cases, if the Company deems that the incident will cause confusion or inconvenience to other Members, the Company may freeze, suspend, or delete the Member' s account without prior notice, and the Company shall not be liable for any damages incurred by the Member as a result of such freezing, suspension or deletion.
- The Company may provide information to the Members by posting the information on the Member's page or by e-mail. If the Member does not wish to receive such information, the Member may notify the Company in accordance with our specified method, and the Company will stop providing such information; provided, however, that the provision of information necessary for the operation of the Service cannot be suspended at the request of the Member.
5.(Change of Member Information)
If the registered Member Information is changed, the Member shall promptly change the registered the Member Information on the Member's page within the Service. The Company shall not be responsible for any disadvantages incurred by the Member due to a delay in making such a change, even if the Member does not receive any notification from us regarding the Service.
6. (Display on Member Creation Page)
- In cases where the Member sells products or provides services through the Member Creation Page, the Members shall comply with the Act on Specified Commercial Transactions, Act Against Unjustifiable Premiums and Misleading Representations, Installment Sales Act, Secondhand Articles Dealer Act, Act on the Protection of Personal Information (hereinafter referred to as "Personal Information Protection Act"), and other related Laws and Regulations in addition to the Terms. The Members shall be responsible for posting any notices that are required to be stated or published on the sales page.
- Even if the Company has prepared a display for the Members to display on the Member Creation Page, such display is for reference only, and the Member shall check the contents of the display at their own risk, and the Company shall not be liable for any violations of Laws and Regulations regarding such display. The Company shall not be responsible for any violations of Laws and Regulations related to such display. In addition, the Member shall also display any other indications that the Company deems necessary to clearly state, apart from the Laws and Regulations.
7.(External Service)
- The Company may provide services provided or operated by third parties (hereinafter referred to as "External Services") in the Service. The provider or operator of the External Service shall be responsible for the continuity and quality, bugs and malfunctions and their correction of the External Service, and the support of the External Service, and the Company shall not be responsible for their continuity and quality, their correction and support. The Company does not guarantee that the partnership with the External Service will continue.
- In cases where the Member uses or purchases the External Service, the Member may be requested to agree with terms of use stipulated by the provider or operator of the External Service. In such cases, prior to using or purchasing the External Services, the Members shall agree to the terms of use clearly stated within the Service or on the website of the third party that provides or operates the External Service. In addition, the Member shall use the External Services within the scope stipulated by the Terms and the Laws and Regulations.
8. (Usage Precautions the Applications, etc.)
The Company provides various applications and the External Services (hereinafter collectively referred to as the "Applications, etc.") to improve the convenience of the Service. Types of the Applications, etc. include authentication for member registration and login, provision and sale of photos and images to members, editing of images and texts, outsourcing text writing and design, advertisement submission and management, consulting regarding service provision, access analysis, etc. The Company stipulates the following provisions regarding the Applications, etc., and the Members agree to the following provisions.
- The Applications, etc. may require a fee. The Members shall confirm in advance whether or not a fee will be charged when using or purchasing the Applications, etc.
- The Company may, at its sole discretion, temporarily or permanently suspend the provision of all or part of the Applications, etc. without prior notice to the Members. This shall include the Applications, etc. used within the Member Creation Page. The Company shall not be liable for any disadvantages incurred by the Member arising from such suspension.
9. (Handling of Service Usage Information, etc.)
- The handling of registration information, terminal information, etc. (including, but not limited to, application startup logs and browsing logs) and other information regarding use of the Service (Information regarding the use of the Service, including, but not limited to, Member ID, registered name, and Facebook ID, e-mail address, contract information with the Company, the information on the history of purchases of images, etc., products handled on the Member Creation Page, order history, transaction history, payment history, descriptions regarding the Act on Specified Commercial Transactions, and information regarding inquiries to the Company, hereinafter collectively referred to as the "Service Usage Information, etc.") shall be in accordance with the Company's Privacy Policy, and the Members shall agree that the Company shall handle Service Usage Information, etc. in accordance with the Privacy Policy separately stipulated by the Company. The Member agrees to the handling of Service Usage Information, etc. by the Company in accordance with such Privacy Policy.
- The Company may, at its sole discretion, use the Service Usage Information, etc. for the purpose of providing and operating the Service, improving and enhancing the content of the Service, and for other operations incidental to these, or may disclose Service Usage Information, etc. as statistical information in a form that does not identify individuals, and the Member agrees to such use and disclosure.
- In order to understand the usage of the Service (including for the purpose of delivering retargeting advertisements), the Company may use cookies or information collection modules to collect the Service Usage Information, etc. The Company shall not be liable for any damage incurred by the Members caused as a result of cookies and information collection modules, and the Members shall accept this in advance.
- Even if the Company has stored the Service Usage Information, etc for a certain period for operational purposes, the Company shall have no obligation to store the Service Usage Information, etc., and the Company may delete such information at any time at its sole discretion. The Company shall not be liable for any loss or damage incurred by the Member as a result of such deletion.
- In the event that the Member entrusts the handling of personal information to the Company when using the Service, the Member shall warrant that the Member is legally authorized to entrust the handling of such personal information to the Company, and that such personal information has been legally obtained. In addition, the Company shall not be liable for any disadvantages incurred by the Member or the owner of the relevant personal information as a result of a violation of such warranty.
- If an End User or third-party organization, etc. request information, and if the Company recognizes the need to provide such information, the Company may provide the End User or third-party organization with information or other assistance related to the Member without prior or subsequent notice to the Member; provided, however, that the Company will provide to an End User or third-party organization, etc. with personal information only when permitted by law.
10. (Provision of the Member Information, etc. to Agents)
- The Company may provide to agent with the following information of the Members who apply for use of the Service via an agent who handles sales of the Service, and the Member agrees to such provision.
- Name or Designation
- If the Member is a corporation, the name of the person in charge of the Member’s use of the Service
- ID assigned by the Company to the Member
- User name registered by the Member
- E-mail address registered by the Member
- Agency assigned to a member User ID
- The date and time that the Member created an account with the Service
- Name of the plan for which the Member has applied for use of the Service
- The Member’s monthly fees under the aforementioned plan (the “Service Fee”)
- The Company may share the Member’s Information described in the preceding paragraph with the Company’ s agents for the following purposes. The Company will not share the Member Information with the agent other than the following purposes.
- To strengthen smooth cooperation and collaboration between the Company and the agent
- To provide necessary support to the Members by the agent in using the Service.
- To fulfill the Company’s obligations under the contract between the Company and the agent with respect to the Member’s application for use of the Service via the agent.
- For purposes incidental and related to each of the preceding items
11.(Products and Information Prohibited from Publication)
The Company prohibits the posting or distribution of the following products and information (including text and images) or information that infers or associates the following products and information (including the use of cryptic words, etc.), as well as the uploading or attachment of files containing such information, on the Service, regardless of the legality of such activities. In addition, even if the Member posts or distributes any of the following products or information (regardless of the duration of posting or distribution, and including both long-term and short-term distribution) or uploads or attaches a file containing such information, the Company does not give its approval or guarantee of such products or information, and the Member agrees to this:
- Products and information of stimulants, marijuana, MDMA/MDA, cocaine, heroin, opiates, psychotropic drugs, and LSD, magic mushrooms, ketamine, thinner and other organic solvents, dangerous drugs and other drugs designated by the Laws and Regulations (including but not limited to the Cabinet Office, etc.);
- Firearms, swords, gunpowder and other weapons, chemical weapons, etc.;
- Products and information restricted to selling such products to youths under the age of 18, such as adult videos, adult DVDs, nude photos, adult goods, adult games, etc., as well as other products and information related to sexually oriented, adult, obscene, or child pornography;
- Products and information of used underwear, uniforms, or other sexually suggestive products or information;
- Products and information that may induce prostitution and child prostitution, etc.;
- Products and information related to gambling and lottery;
- Products and information on multilevel marketing transactions and pyramid schemes;
- Products and information related to Tobacco (in cases where measures are taken to restrict sales to persons under the age of 20, or in cases where the use is for the purpose of announcing events or campaigns for branding purposes of tobacco companies);
- Counterfeit currency, counterfeit documents (including driver's licenses, passports, etc.), counterfeit memberships, counterfeit electromagnetic records, and other counterfeit products;
- Currency, money certificates, cards, or other instruments or information that are treated as equivalent to money, whether tangible, electronic, domestic or foreign, such as virtual currency, prepaid cards, transportation system IC cards, gift certificates, etc.;
- Information such as bank accounts and passbooks;
- Products and information of fakebranded products, imitation or pirated products (including copies, names of characters, images, etc. that are reminiscent of original work);
- Devices related products or information that encourage illegal copying, such as magic controllers, Pandora batteries, etc.;
- Products or information obtained unlawfully, including theft, robbery, fraud, extortion, embezzlement, breach of trust, etc.;
- Products or information that may be used in crimes, such as air guns, stun guns, tear gas, wiretaps prohibited by law, micro cameras, and infrared cameras;
- Products or information that infringe on the Intellectual Property Rights, portrait rights, or other rights of third parties;
- Software that contains computer viruses, digital content that has had its protections of copy removed without authorization, or products or information that instructs on how to circumvent copy-protection, etc.;
- Products and information such as characters, items, in-game virtual currency, etc. in games, etc.;
- Products and information of physical function test kits, medical devices (medical equipment), medicines, and medicines whose sale in the country is prohibited (Excluding, products and services for which a sales license for highly controlled medical devices under the Act on Quality, Efficacy and Safety Assurance, etc. of Pharmaceuticals and Medical Devices has been obtained, posting of images to convey images of such products and services, etc. and products that have been approved for sale by the Company in advance.);
- The human body and parts of the human body (except photographs of people that convey images of products and services within the limits of common sense);
- Living animals and parts of living animals, insects, and other living creatures (except for the sale of pet supplies and other items, and the posting of images of animals and insects in connection with pet supplies);
- Food that has passed its expiration or consumption date;
- Products, services, rights, and information related to donations, contributions, and fundraising;
- Products, services, rights and information related to crowdfunding (except for crowdfunding approved by the Company as purchase-type crowdfunding);
- Personal information and information related to company or state secrets, etc. that are not available to the general public (except for personal information for which the individual concerned has given prior consent to its publication);
- Products or information that do not meet the requirements of permits, licenses, qualifications, etc. required by law for sale;
- Products or information that violate or may violate public order or morals;
- Other products or information that violate or may violate Laws and Regulations and the Washington Convention or other treaties; and
- Other products or information that the Company reasonably deems inappropriate.
12.(Prohibited Acts)
In using the Service by the Member, the Company prohibits the following acts (including acts that directly or indirectly cause or facilitate following acts), either by the Member or by a third party :
- Any acts that violate or may violate the Terms, other terms and guidelines set forth by the Company, or the terms and guidelines of companies with which the Company has entered into partnerships for the Service;
- Any acts that misuse or may misuse the Service;
- Any use of the Service for any purpose other than the normal use of the Service, or any acts that are likely to result in such use;
- Any acts that disturb or may disturb the use of other Members;
- Any acts that cause or may cause disadvantage to the Company, companies operating the External Services, other Members, or other third parties;
- Any acts that infringe or may infringe on the Intellectual Property Rights, property, or privacy (including the right not to have one's information disclosed without due cause, the right to maintain peace and quiet in one's life, and all rights pertaining to portrait rights and other privacy) of the Company, companies operating External Services, other Members, or other third parties;
- Any acts that slanders or defames the Company, companies operating External Services, other Members, or other third parties, or acts that may lead to such acts;
- Any acts to obtain or disclose personal or confidential information of other members or other third parties by illegal means without their prior consent, or any acts that may lead to such acts;
- Any acts that collect information on the use of the Service concerning the End Users, or any acts that may lead to such collection;
- Any acts that misappropriate images or materials of other Members or third parties (except when the principal's consent has been obtained in advance , or when the use is within the scope of the terms of use and conditions stipulated for material provision services offered within or outside of the Service), or any acts that may lead to such misappropriating ;
- Any acts that duplicate or modify the source of the Service or Member Creation Page without the Company's consent, or any acts that may lead to such acts;
- Any acts that edit, process the materials, templates, etc. provided by the Company without the prior consent of the Company, or any acts that may lead to such acts;
- Any acts that are offensive to public order and morals, or any acts that may lead to such acts;
- Any acts that post or sell images or materials that contain obscene or indecent expressions, or any acts that may lead to such acts;
- Any acts that post false information or exaggerated advertisements, or any acts that may lead to such acts;
- Any use of the Service for pyramid schemes, pyramid schemes, or other illegal or unfair transactions;
- Any acts that violate or may violate Laws and Regulations, or any acts that may lead to such acts;
- Any acts that change the system or source of the Service, attacks the Service's servers, etc., interferes with the operation of the Service due to computer viruses, etc., and or any acts that may lead to such acts to other Members or any other third party;
- Any acts that place an excessive load on the Service's network or system, etc. or any acts that may lead to such acts;
- Any acts of using, creating, or distributing an external tool that operates using a bug that is not normally intended by the Service or has an effect that is not normally intended by the Service;
- Reverse engineering, decompiling, disassembling, or any other similar acts against the Service;
- Any acts that create multiple accounts under a false name, etc., to receive algorithm adjustments, etc., from search engines and prevent or may prevent the Service from being displayed by Google, Yahoo!, Bing, and goo, and other search engines;
- Any acts that interfere with the operation of the Service of the Company or the operation, etc., of companies operating the External Services or any acts that may lead to such acts;
- Any acts that interfere with or disrupt the business of the Company or the credit card company related to the Company (including, but not limited to, falsification of information), or any acts that may lead to such acts
- Impersonating another person (including but not limited to using another person's account) or any other fraudulent or potentially fraudulent activity;
- Any acts that steal another the Member Information, misuse Member Information, or falsify Member Information, or any acts that may lead to such acts;
- Any acts that unauthorizedly obtain, use, transfer, or lend of IP addresses, accounts, login IDs, passwords, e-mail addresses, or domain names (including, but not limited to, providing false or inaccurate information to the Company when using the domain acquisition and management functions);
- Any acts making statement that are devoted to a particular political party a particular political party or any statement that may lead to such statement;
- Any acts that conduct the same or similar business as the Service statement;
- Any acts that post products or information as specified in Article 11 or any acts that may lead to such acts;
- Any acts that directly contact the person in charge and enter into a direct contract with the partner company for the paid services after using such service within the Service, or any actions that may lead to such acts;
- Delay or failure to make payment to the Company for the Service fees or other bills from the Company;
- Disclosure of a Member Creation Page that has been made private at the discretion of the Company, without the Company's prior consent;
- Any acts that provide benefits to antisocial forces or any acts that may lead to such acts; and
- Other acts that the Company reasonably determine to be inappropriate for the use of the Service.
13.(Intellectual Property Rights)
The following items are stipulated regarding the ownership and handling of Intellectual Property Rights related to services, materials, applications, etc. used by the Member in the Service, as well as the Member Creation Page.
- The Intellectual Property Rights for the Applications provided by the Company within the Service that are provided and operated by external corporations, individuals, or organizations other than the Company shall vest to their operators.
- The Intellectual Property Rights for Member Creation Page shall vest to the Member who created the Member Creation Page, except for those that have been owned by the Company or third parties other than the Company for some time; provided, however, that, JavaScript code, etc., is embedded in all Member Creation Page for the purpose of access count analysis and design updates, etc., and Intellectual Property Rights related to such code, etc., shall vest to the Company, and the Members shall not reproduce, alter, edit, or delete such code, etc., without prior consent of the Company. The Intellectual Property Rights to any text, images, or other materials provided by the Company or a third party used in the creation of a Member Creation Page vest to the Company or third party, regardless of the Intellectual Property Rights of the Member Creation Page itself, and the Member shall comply with the respective terms and conditions stipulated by the Company or the third Party and shall not infringe on the provider's Intellectual Property Rights.
- In this Article 13, Intellectual Property Rights to all contents provided by the Company within the Service, excluding that vesting to third parties other than the Company and that vesting to the Members, shall vest to the Company. The Company's trademarks, logos, service marks, etc. (hereinafter collectively referred to as the "Trademarks, etc.") may appear on the Service, but the Company does not transfer them to the Members or other third parties, nor does the Company authorizes using of the Trademarks, etc. except when expressly stated in the Terms.
- The Company grants the Members authorization to use the Intellectual Property Rights to all contents within the Service for which the Company retains the rights, to the extent necessary to use the Service. The Members shall not use such content beyond such limits for any reason without the Company's prior consent, and shall not reproduce, alter, edit, delete, etc. such contents.
- If the Intellectual Property Rights of the original page copied by the Member using the Service vesting to the Company, the creator of the original page, or any other third party other than the Company, the Intellectual Property Rights of the page newly copied by the copy function shall also vest to the owner of the Intellectual Property Rights of the original page that was the subject of the copy; provided, however, that even if the Intellectual Property Rights vest to the owner of the original page that was copied, the Intellectual Property Rights of the page that was created by the Member by modifying the copied page and creating the Member’s own original page shall vest to the Member who created the new page, except for text, images, and other materials provided by the Company, the creator, or other third parties that were used in the creation of the new page, which vests to the owner of the Intellectual Property Rights of the original page.
14. (Introduction of Member Creation Page)
- The Member agrees that the Company may display advertisements to End Users or refer End Users to other Members' Member Creation Page that the Company believes may be of interest to End Users.
- The Member agrees that the Company may use the Member Creation Page for introductions and announcements within the Service or related services.
- The Member agrees that the Company may provide, disclose, introduce, or post Member Created Pages to potential end users, news sites, blog sites, and other third-party information transmission sites or publishers who may be interested in the Member Created Pages for the purpose of promoting the Service or Member Created Pages; provided, however, that the Member may withdraw the Agreement for the future in accordance with the method specified by the Company. Even with such withdrawal, the Company shall not be obligated to withdraw the Member Creation Page that has already been provided, disclosed, introduced, or posted prior to such withdrawal.
15.(Service charge and payment)
Some of the Service include paid services and paid contents. In addition, the Member agrees to the following items.
- With respect to the use of paid services and paid content, the Member shall pay to the Company without delay the Service fees and government taxes specified in the Service by the due date specified by the Company in the manner specified by the Company.
The Company reserves the right to change the amount of the Service fees and the method of payment of the Service fees and taxes at any time without notice to the Members. Such changes will take effect one week after the Company have updated the pages of the Service and notified the member of such changes via e-mail or on the site. If the Member has any objection to such changes, the Member shall notify the Company within one week of the notification and discuss the matter with the Company, and if the Member does not raise any objections after one week, the Member shall be deemed to have agreed to such changes.
- In the case of a continuously charged fee plan, regardless of whether the Member uses the Service or not, the Member shall be obligated to pay the fees stated in the Service until the Member requests cancellation of the plan or withdrawal from membership and the process is completed, and the Member shall pay all such fees to the Company. In addition, even if it is discovered that the Member has continued to be billed by the Company while the plan cancellation or withdrawal process has not been completed, the Member shall not be exempted from paying the fees, and shall pay all such fees by the specified due date.
- In the case of a monthly recurring fee plan, the Member shall be obligated to pay the fee for the month of the subscription regardless of the amount of time the Member uses the Service after the free period specified by the Company ends. Even if the Member cancels or withdraws from the monthly recurring fee plan in the middle of a month, the Member shall be obligated to pay all the fees for the month.
- In the case of a monthly recurring fee plan, if the Member does not apply to change the plan or withdraw from the membership by the day before the expiration date, the previous fee plan will be automatically renewed, and the Member shall be obligated to pay the fees as stated in the Service from the day after the expiration date.
- If the Member is found to be in violation of any of the items in this Article, except for Item 2, the Company may freeze, suspend, delete, or change the fee plan of the Member's account without notice, and the Company shall not be liable for any disadvantages incurred by the member as a result of such freezing, suspending, deleting, or changing the fee plan of the Member's account.
- If the Member fails to pay the Service fee, the Member shall pay the Company delay damage a late fee at the rate of 14.6% per annum from the day following the due date until the day of full payment.
- The Company may offset the Company’s payment obligations to members, if any, against each of the claims in Paragraph 1 and the preceding paragraph, in equal amounts.
16. (Cancellation and Refund of Paid Services and Paid Contents)
Even in the event of cancellation (termination of agreement) for the Member's convenience, withdrawal from membership based on the Article 17, freezing, suspension, or deletion of the Member Creation Page based on the Term, or termination of the Service Agreement after the paid services and paid content included in the Service have been applied for, the Company shall not refund or reduce the Service fees for such paid services or paid content.
17.(Withdrawal from Membership, etc.)
The member may apply for withdrawal from the Service in accordance with the procedures specified by the Company, and upon the Company's approval of such application, the Member may withdraw from the Service; provided, however that if the Member is in arrears of payment to the Company at the time of such application, the Member shall promptly repay such fees, and upon completion of such repayment, the withdrawal from membership shall become effective.
18. (Measures Against Violation of the Terms, etc.)
- If any of the following is discovered, the Company may suspend all or part of the Service, revoke eligibility for use of part of the Service, freeze, suspend, or delete Member information and the Member Creation Page, or terminate the Service Agreement without prior notice to the Member.
- In the event that the Member posts the products or information prohibited in Article 11, violation of the prohibitions in Article 12, failure to pay the Service charge under Article 15, or in case of violation of the representations and warranties in Article 20, or any other violation of the Terms or other terms or guidelines set forth by the Company;
- In the event of the death of the Member (except in cases where the Company have approved the succession of membership by the Member's heir).
- In the event that the Member issues the dishonored bills or checks, a bank suspend the transactions with the Member, or the Member falls into insolvency or suspension of payment.
- In the event that the Member has received administrative guidance, cancellation or suspension of business, etc., from a supervisory authority.
- In the event that a third party files provisional seizure, provisional disposition, seizure, compulsory execution or auction to the Member, or the Member fails to pay taxes and public dues.
- In the event that the Company receives a petition for bankruptcy, special liquidation, civil rehabilitation, or corporate reorganization proceedings, or files such a petition on its own behalf.
- In the event that the Member has not used the Service for more than 3 months and has not responded to any of our communications.
- In the event that it is discovered that the Member has had the Member’s account or Member Creation Page frozen, suspended, deleted, or terminated by the Company in the past for the Service or other services.
- In any other case in which the Company reasonably determines that it is inappropriate for the Member to use the Service.
- If the Company determines that the Member may fall under any of the items in the preceding paragraph, the Company may contact the Member to confirm the facts. The Member shall respond in good faith to such contact from the Company; provided, however, that the Company shall not be obligated to contact the Member before taking the measures described in the preceding paragraph.
- The Company shall not be liable for any damages incurred by members as a result of the measures described in Article 18.1.
- If the Member falls under any of the items of Article 18.1 and owes a debt to the Company at that time, the member shall forfeit the benefit of time and immediately pay all debts remaining at that time. In the event of preparing a notarial instrument in connection with the repayment of debts, the Member shall bear all costs associated with such notarization, etc.
19.( Exemptions)
- The Company shall not be liable for any of the following problems. The Member agrees not to make any claim for compensation to the Company for any disadvantage incurred by the Member as a result of these problems. In the event that the other party to the Member's dispute, etc. files a claim for damages against the Company, and the Company, makes payment, the Member shall indemnify and hold harmless the Company from and against the amount of the claim for damages, court costs in the event that the matter goes to court, and all other costs, including personnel expenses, required to resolve the matter.
- Any and all problems that arise between the Member and End User of the Member's services.
- Any and all problems that arise between the Member and the referrer of the Service or End Users (including third parties who accessed the file) who visited the page produced by the referrer using the Service.
- Any and all problems that arise between the Member and a third party in the event that the Member has contracted with the third party to create a website using the Service.
- Failure of the Service due to a computer virus such as a Trojan horse transmitted by a third party or infection by such a virus.
- Any and all problems with the External Services caused by the provider's system failure, or version upgrades of the provider, or any other problems caused by third parties.
- Any and all problems that arise between the Member and the credit card company, including but not limited credit card chargebacks (including credit card fraud, fraudulent or unrecognized credit card use).
- Outages when performing maintenance or inspections of equipment or systems for the provision of the Service.
- In the event of an accidental shutdown of computers, communication lines, etc.
- In the event that all or part of the Service is unavailable or malfunctioning due to factors caused by or related to communication environment failure, earthquake, natural disaster, fire, strike, flood, epidemic, riot, war, terrorist act, or being similar thereto.
- In the event that all or part of the Service is unavailable or malfunctioning due to the actions of another Member.
- Any and all problems with Google, Yahoo! Yahoo! Bing, goo and other search engines.
- In the event that all or part of the Service is unavailable or malfunctioning due to system malfunctions, hacking, cracking, or other sabotage of the Service by a third party, or similar circumstances.
- In the event that all or part of the Service is unavailable or malfunctioning due to circumstances beyond the Company’s control or similar circumstances.
- In the event of file loss due to poor file transfer, server failure, etc., or if problems arise due to use on external sites such as advertisements, etc.
- The Company does not warrant that the Service or the information and contents provided through the Service will meet the specific objectives of the Member, have the expected functionality, commercial value, accuracy, usefulness, or completeness, that use of the Service will comply with applicable laws, regulations, or internal rules of industry associations, or that defects will not occur, and all other circumstances.
- Even if the Company is responsible or liable for damages to the Member (including cases in which the Company is responsible or liable for damages because the provision in the Terms to the effect that the Company is indemnified is judged invalid under the law. For the avoidance of doubt, the provision in the Terms to the effect that the Company is indemnified is a provision for cases in which the Company is considered to be free from intentional or negligent acts), the obligation to compensate for damages shall, to the extent permitted by law, be limited to the total amount of the fees actually received by the Company from the Member during the past three months from the time the cause for compensation occurred, and shall be limited to the extent of direct and actual damages suffered by the Member, and shall not include liability for any other damages.
20.(Representations and warranties)
- Upon using the Service, the Member represents and warrants that each of the following items is true and correct and that such conditions will continue to exist during the period in which all or part of the Terms remain in effect.
- Not to fall under any of Anti-Social force.
- Have no relationship with Anti-Social force that falls under any of the following items
- (1) Relationship in which management is controlled by Anti-Social force
- (2) Relationship in which Anti-Social force is substantially involved in management
- (3) Relationships that are recognized as using Anti-Social force, such as having Anti-Social force as officers, employees, or advisors, or requesting or consulting with Anti-Social force for dispute resolution.
- (4) Relationships such as providing funds, goods, etc. or benefits to Anti-Social force
- (5) Relationships between officers, employees, or persons substantially involved in the management of the Company and Anti-Social force that are socially reprehensible
- Shall not engage in any of the following acts by themselves or by using a third party
- (1) Any act to deceive us
- (2) Violent acts
- (3) Threatening behavior
- (4) Unreasonable demands beyond legal responsibility
- (5) Acts of spreading false rumors, using deceptive means or force to defame or discredit the reputation or credibility of the Company
- (6) Interfering with the Company’s business
- (7) Other acts similar to the preceding items
- If any of the items in the preceding paragraph is found not to be satisfied, the Member shall not make any objection to the suspension of all or part of the Service, cancellation of eligibility for use of part of the Service, freezing, suspension, deletion of Member Information and the Member Creation Page, or termination of the Service Agreement.. In addition, the Company shall not be liable for any disadvantages or damages incurred by the Member as a result of the measures described in this section.
Chapter 2 Domain Name Acquisition and Management Functions
21. (Use of Domain Name Acquisition and Purchase Function)
- The Member may use the Domain Name Acquisition and the Management Function related to the Member Creation Page in the Service.
- In the event of acceptance of the application for use of the Domain Name Acquisition and the Management Function in accordance with the preceding paragraph, the Member may use the Domain Name Acquisition and the Management Function.
- In the case of the preceding paragraph, the Member shall agree that the Domain Name Acquisition and the Management Function is provided through the services of the Domain Name Provider based on an agreement for domain name registration services between the Company and the Domain Name Provider, which is the registrar (hereinafter referred to as the "Reseller Partner Agreement"). The Member agrees in advance that the domain name is granted through the services of the Domain Name Provider based on the agreement between the Company and the Domain Name Provider, which is the registrar (hereinafter referred to as the "Reseller Partner Agreement") (the domain granted to the Member is hereinafter referred to as the "Registered Domain").
- In using the Domain Name Acquisition and the Management Function, the Member shall comply with the terms and conditions of the Terms, the terms of use of the domain set forth by the Domain Name Provider(hereinafter referred to as the "Domain Name Provider Agreement"), the Terms set forth by the registry, and the Uniform Domain Name Dispute Resolution Policy (hereinafter referred to as the "UDRP") and any other agreements and policies (hereinafter collectively with the Terms, the Domain Name Provider Agreement and the UDRP, the "Domain Agreement etc.") adopted by the Internet Corporation for Assigned Names and Numbers (hereinafter referred to as "ICANN", together with the Domain Name Provider and the registry are referred to as the "Superior Organizations") as well as any changes to the Domain Agreement etc. the Member understands and agrees in advance that any violation of the Domain Agreement etc. by the Member shall be deemed a violation of the Terms.
- In the event of any conflict between the provisions of the Terms and the provisions of the Domain Agreement, etc., the provisions of Domain Agreement, etc. shall prevail.
22. (Termination of Domain Name Acquisition and Management Function)
- The Domain Name Acquisition and Management Function shall be terminated in the event of any of the following items. In such cases, only the portion of the Terms related to the Domain Name Acquisition and the Management Function shall be terminated, and the other contents of the Terms shall continue to exist unless otherwise terminated.
- In the event that the Member requests cancellation of the Domain Name Acquisition and Management Function in a manner separately specified by the Company and the Company accepts the Member’s request.
- In the event that the Reseller Partner Agreement for domain name registration services between the Company and the Domain Name Provider is terminated.
- In the event that the Company discontinues all of the Domain Name Acquisition and Management Function.
- The Company shall not be liable for any damages incurred by the Member as a result of the termination of the Domain Name Acquisition and Management Function in accordance with the preceding paragraph.
23. (Measures at the Termination of the Agreement between the Company and the Domain Name Provider)
- In the event that the Reseller Partner Agreement between the Company and the Domain Name Provider for the resale of domains is terminated, the Member shall take the necessary measures separately specified by the Company to transfer the management of the Registered Domain to the Domain Name Provider, and thereafter shall manage the Registered Domain at the Member’s own responsibility and expense thereafter.
- The Company shall not be liable for any loss or damage incurred by the Member in connection with the management of the Registered Domain, such as failure to successfully complete the transfer of the Registered Domain despite the measures described in the preceding paragraph.
24. (Other Disclaimers)
- In the event that the Member uses the Domain Name Acquisition and Management function, the Member shall be required to provide the information necessary to register a domain name with the service provided by the Domain Name Provider Agreement (hereinafter referred to as the "Registration Information"), and the Member shall consent to the disclosure and public use of the Registration Information as Whois information accessible to third parties in accordance with the Domain Name Agreement, etc., and the Company shall not be liable for any loss or damage incurred by the Member arising from the disclosure of the Registration Information.
- The Member shall provide true and accurate information in accordance with the Domain Agreement, etc., in the event of providing the Registration Information in the preceding paragraph, and the Member agrees to make changes in a manner separately specified by the Domain Agreement, etc. to the Registration Information.
- The Member agrees that the registration or use of the Registered Domain may be suspended, cancelled, transferred, or modified in accordance with the Domain Agreement, etc. The Company shall not be liable for any damage incurred by the Member as a result of such suspension, cancellation, transfer, or modification for any reason whatsoever.
- The Member shall back up the Member’s own data at the Member’s own expense and responsibility. The Company shall not be liable for any loss or corruption of data related to the Registered Domain for any reason whatsoever.
- The Company shall not be liable for any infringement claims, claims, lawsuits, disputes, etc. (hereinafter referred to as the "Domain Dispute, etc.") from third parties regarding domains registered by the Member through the Domain Name Acquisition and Management Function and the Member shall be responsible for resolving such the Domain Dispute, etc. at the Member’s own expense and responsibility.
- If there happens any claim against the Company by other Member or a third party for infringement of rights or any other reason in connection with the Member’s use of the Domain Name Acquisition and Management Function or the Domain Dispute, etc., the Member shall indemnify the Company for any amounts the Company is forced to pay to the third party based on such claim and for any expenses (including but not limited to the cost of lawyers or other professionals and the Company’s labor costs) incurred by the Company to resolve the Domain Dispute etc.in connection with such claim.
Chapter 3 General Provisions
25. (Compliance with Laws and Regulations)
The Member shall comply with the Terms as well as the any other Laws and Regulations that are not mentioned in the Terms.
26. (Guidelines and Other Rules other than the Terms)
The Member agrees that use of the Service is governed by guidelines and other rules separately established by the Company. In the event of any inconsistency between the Terms and the such guidelines and other rules, the Terms shall prevail.
27. (Assignment of Rights and Obligations and Legal Status under the Terms)
- The Member may not assign, transfer, establishment of mortgage, or otherwise dispose of their positions under the Service Agreement or their rights or obligations under the Terms to any third party without the prior written consent of the Company.
- In the event that the Company sells or transfers the Company’s business related to the Service to a third party, the Company may transfer the Member's position in the Service Agreement, rights and obligations under the Terms, the Member Information, the End User information, and all other information to the transferee in conjunction with such sale or transfer of business, and the Member agrees in advance to such sale or transfer in this Article 27.2. The sale or transfer specified in this Article27.2 shall include not only ordinary business transfers, but also company splits and any other cases in which business is transferred.
28. (Modification, Suspension, Interruption or Discontinuance of the Contents of the Service)
- The Company repeatedly makes various modifications and improvements to the Service in order to make it a better service for the Member. For this reason, the Member agrees in advance that the Company may change the font, color, layout, and other design elements of the Service without prior notice to the Member, the Company may restrict all or part of the functions that were previously available free of charge without prior notice, the Company may charge for the Service, and such modifications or changes may cause temporary downtime (i.e., temporary inaccessibility of the Service's website or pages created with the Service) or bugs which may result in work stoppages, inaccessibility, or failure of intended operation.
- The Company may suspend or discontinue all or part of the Service without prior notice to the Member.
- The Company shall have the right to temporarily suspend all or part of the Service without prior notice to the Members in the event of any of the following events:
- In the event that the Company conducts periodic or emergency maintenance or repair of telecommunications equipment and facilities for the Service;
- In the event that the system is overloaded due to excessive access or other unforeseen factors;
- In the event that it becomes necessary to ensure the security of the Member;
- In the event that the service of a telecommunications carrier is not provided;
- In the event that provision of the Service is difficult due to force majeure such as natural disasters, etc.;
- In the event that provision of the Service becomes impossible due to fire, power failure, other unforeseen accidents, war, disputes, uprisings, riots, labor disputes, etc.;
- In the event that the operation of the Service becomes impossible due to the Laws and Regulations or measures based on such laws and regulations; and
- Any other cases that the Company reasonably deems necessary in addition to the preceding items.
- The Company shall not be liable for any damages incurred by the Member as a result of the measures described in the preceding three paragraphs.
29. (Confidentiality)
- The “Confidential Information" in the Terms means the Company’s technical and business information and all other Company’s information and Personal Information ("Personal Information" as defined in Article 2-1 of the Personal Information Protection Law) provided or disclosed by the Company in writing, orally, or through recorded media, or otherwise made available to the Member in connection with the Service, provided, however, that the following items shall not be considered the Confidential Information, except for the Personal Information:
- information which is already occupied by the Member prior to provision, disclosure or learning;
- information which is already publicly known through no fault of the Member’s, whether before or after the Member was provided, disclosed, or learned of by the Company;
- information which is legally obtained by the Member from a third party without any obligation of confidentiality; and
- information which is independently developed by the Member without the Confidential Information.
- The Member shall not use the Confidential Information for any purpose other than for use in the Service, and shall not provide, disclose, or divulge the Confidential Information to any third party without prior written consent of the Company.
- Notwithstanding the provisions of the preceding paragraph, the Member may disclose the Confidential Information only to the extent necessary and essential to comply with an order, demand or request of a law, court, or government agency, provided, however, that in the event of such an order, request or demand, or request, the Member shall notify the Company promptly to prior to disclosure and shall follow the Company's instructions regarding the scope of disclosure and other matters.
- The Member shall obtain the prior written consent of the Company before reproducing, copying, adapting, etc. (hereinafter referred to as the "Reproductions, etc.") of the Confidential Information, and such the Reproductions, etc. shall be included in the Confidential Information.
- At the request of the Company, the Member shall promptly return or destroy the Confidential Information, any documents or other recorded media containing or containing the Confidential Information, and all copies thereof, in accordance with the Company's instructions.
30. (Effective Term)
The effective term of the Service Agreement shall begin on the date the Service Agreement is formed and shall remain in effect between the Company and the Member until the date the Member withdraws from membership or the Service Agreement is terminated, whichever comes first.
31. (Reconsignment)
The Company may, at the its discretion, consign all or part of the operations related to the Service to a third party.
32. (Measures after Termination)
- In the event of the termination of the Service Agreement, the Member shall no longer be able to use the Service or anything provided on the Service, and the Company shall not be liable for any damages incurred by the Member as a result of such termination.
- Even if the Service Agreement is terminated, the Company may continue to retain and use the Personal Information specified in Article 9 and the Privacy Policy, the Member Information obtained through member registration and use of the Service, and other information about the Member that the Company has obtained.
33. (Indemnification)
- If the Member causes damage to the Company in connection with the performance or breach of the Service Agreement, the Member shall compensate the Company for all damages (including but not limited to direct or indirect damages, attorneys and other professional’s fees and the Company's labor costs).
- If there happens any claim against the Company by other Member or a third party for infringement of rights or any other reason in connection with the Member's use of the Service, the Member shall indemnify the Company for any expenses the Company is forced to pay to the third party based on the claim and for any expenses that the Company incurs to resolve disputes related to the claim (including but not limited to the costs of attorneys and other professionals and the Company's labor costs).
34. (Survival Provisions)
Even if the Service Agreement is terminated, the provisions of Article 3.2, Article 4.2, Article 5, Article 6.2, Article 7.1, Article 8.2, Article 9, Article 13, Article 15, Article 18.3 and Article 18.4, Article 19, Article 20.2, Article 22.2, Article 23.2, Article 24, Article 27, Article 28.4, Article 29, Articles 32 through 38 shall remain in full force and effect provided, however, that the provisions of Article 15 shall survive only in the event of non-payment, and Article 29 shall survive only for three (3) years after the termination of the Terms.
35. (Severability of the Terms)
If any provision of the terms, or any part thereof, is determined to be invalid or unenforceable because it conflicts with any statement in any law or regulation, such statement shall be deemed invalid; provided, however, that all provisions of the Terms other than those deemed invalid or unenforceable shall remain valid.
36. (Governing Law)
The Terms shall be governed by and construed in accordance with the laws of Japan with regard to formation, validity, performance, and interpretation of the Terms.
37. (Court of Competent Jurisdiction)
The Tokyo District Court shall have exclusive first instance jurisdiction over any and all disputes arising in connection with the Terms.
38. (Communication and Notification)
- Communications and notifications from the Company to the Member regarding the Service shall be made by posting on the Service or at appropriate locations on the Site, by sending e-mails, by push notifications, or by any other method the Company deems appropriate.
- Inquiries about the Service and other communications and notifications from the Member to the Company shall be made by sending a message using the inquiry form provided on the Service or at an appropriate location on the Site, or by any other method designated by the Company.
39. (Amendment and Renewal of the Terms)
- In the following cases, the Company may amend the Terms at any time. In such cases, the amended the Terms shall apply to the Terms for the Members and other details of the Terms.
- If amendment to the Terms conforms to the general interest of the Members.
- If amendment to the Terms does not run afoul of the purpose of the Service Agreement, and it is reasonable concerning amendment such as the necessity of the amendment and appropriateness of the details of the amended the Terms.
- In the event of a change in the preceding paragraph, the Company shall notify the Member of the content of the revised the Terms and the effective date of the change after at least 14 days' notice, and the change shall become effective upon the expiration of such notice period.
40. (Effects of Individual Agreements)
In the event that an individual agreement is reached between the Member and the Company in writing or by e-mail, such agreement shall prevail over the Terms.
- July 28, 2020 Establishment
- September 9, 2021 Revised