Terms of Social Media
These Terms of Social Media (these “Terms”) shall set forth the terms and conditions of use of the social media (services that enable users to post and mutually exchange information, such as blogs, SNS, video posting sites, etc.; the same applies hereafter) accounts managed and operated by avatarin Inc. (the “Company”) and the services incidental thereto (the “Service”). Anyone using the Service (the “User”) will be asked to use the Service in accordance with these Terms.
Article 1. Application
- These Terms shall apply to any relationship between the User and the Company in connection with the use of the Service.
- If any of the following applies, the Company may amend these Terms in whole or in part without obtaining the consent of the User, by posting in advance that these Terms will be amended and the contents of the amended Terms and the effective date thereof, or otherwise by a method separately determined by the Company. Furthermore, if the User uses the Service after the effective date of the amendments to these Terms, the User shall be deemed to have consented to the amendments:
- When the amendments to these Terms conform with the general interests of the User; or
- When the amendments to these Terms are not contrary to the purpose of the agreements regarding the Service, and are reasonable in light of the necessity of the amendments, the reasonableness of the amended contents, the contents of the amendments and other circumstances regarding the amendments.
Article 2. Prohibited Matters
- The User may not engage in the following acts when using the Service:
- Acts that infringe on the property rights, intellectual property rights (copyrights, design rights, patent rights, utility model rights, trademark rights), privacy rights, portrait rights and publicity rights of other Users, third parties or the Company, or that have the likelihood thereof;
- Acts that slander, defame or damage the reputation of other Users, third parties or the Company, or that have the likelihood thereof;
- Acts of using services by using the ID of another User;
- Acts of acquiring, disclosing or providing the ID and password of another User;
- Acts of preventing the use of or access to the services of the Company or a part thereof by another User, or acts of altering or deleting information on the Service;
- Acts that misrepresent false information or that are misleading, or acts that otherwise cause nuisance to others or make them uncomfortable;
- Election campaigns or acts similar thereto, or acts that are otherwise related to politics or religion;
- Acts of using, whether commercially or non-commercially, the Service or the services, contents, information, etc. provided with the Service, without obtaining the Company’s prior consent;
- Acts of sending or writing harmful computer programs, etc.;
- Acts of accessing by unauthorized means;
- Acts of interfering with the smooth operation of the Service or acts that otherwise have the likelihood of interfering with the provision of the Service;
- Acts of pretending to be the Company or third parties including the Company’s stakeholders;
- Acts that are contrary to public order and morals, acts that are tied to criminal acts, acts that otherwise violate the laws and regulations, or acts that have the likelihood thereof; and
- Acts that the Company otherwise determines to be improper in the operation of the Service.
- If the User infringes even one of the prohibited matters set forth in the preceding paragraph, the Company may remove the User Contents, etc., block access to the Service, or take other necessary measures, without giving any notification in advance. Furthermore, the Company will not bear any responsibility for damages that arise to the User due to having taken such measures, and may claim compensation for damages against such User if the Company incurs damages.
Article 3. Intellectual Property Rights
- Any rights (property rights, intellectual property rights, portrait rights, publicity rights, etc.) concerning the software and materials constituting the Service (words, photographs, images, audio, etc.), except for the User Contents set forth in paragraph 2 below, will belong to the Company or the rights holder having legitimate rights.
- The copyrights (including the moral rights of authors; the same applies hereafter) regarding the posts made by the User and other information provided by the User (the “User Contents”) will belong to the User making such posting, etc., and, by posting, etc. the User Contents, such User shall be deemed to have licensed to the Company the rights to freely use such User Contents (including the rights to process, excerpt, reproduce, publicize, edit, translate, etc. and the rights in Article 27 and Article 28 of the Copyright Act of Japan) for free, and shall not exercise rights including the moral rights of authors against the Company.
- The User shall represent and warrant to the Company that all of the rights regarding the User Contents belong to the User or that licenses for their use have been obtained from the holders of the legitimate rights, and, if a dispute arises with a third party with respect to the User Contents, the User shall resolve such dispute at its expense and responsibility.
Article 4. Suspension and Termination of the Provision of the Service
There may be instances where the Company will terminate the provision of the Service at the Company’s discretion. The Company will not be liable for compensating or indemnifying any damages, losses or other expenses incurred by the User due to the termination of the Service.
Article 5. Disclaimer
- THE COMPANY PROVIDES NO WARRANTY, WHETHER EXPLICITLY OR IMPLICITLY, THAT THERE ARE NO DEFECTS, ERRORS OR BUGS, NOR INFRINGEMENT OF RIGHTS, ETC. AS TO THE SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS, FITNESS FOR A PARTICULAR PURPOSE, OR SECURITY OR OTHERWISE, IN THE SERVICE, IN FACT OR IN LAW.
- THE COMPANY DOES NOT BEAR ANY LIABILITY WITH RESPECT TO ANY AND ALL DAMAGES INCURRED BY THE USER DUE TO THE SERVICE; PROVIDED, HOWEVER, THAT IF AN AGREEMENT BETWEEN THE COMPANY AND THE USER REGARDING THE SERVICE （INCLUDING AGREEMENTS UNDER THESE TERMS） IS A CONSUMER CONTRACT AS SET FORTH IN THE CONSUMER CONTRACT ACT, THIS DISCLAIMER CLAUSE WILL NOT APPLY.
- EVEN IN THE CASE SET FORTH IN THE PROVISO OF THE PRECEDING PARAGRAPH, THE COMPANY WILL NOT BEAR ANY LIABILITY FOR DAMAGES INCURRED BY THE USER THAT ARE DAMAGES DUE TO SPECIAL CIRCUMSTANCES （INCLUDING IF THE COMPANY OR THE USER FORESAW OR COULD HAVE FORESEEN THE OCCURRENCE OF DAMAGES） DUE TO A DEFAULT OR TORT DUE TO THE COMPANY’S NEGLIGENCE （EXCLUDING GROSS NEGLIGENCE）.
- THE COMPANY WILL NOT BEAR ANY LIABILITY FOR TRANSACTIONS, COMMUNICATIONS, DISPUTES, ETC. ARISING BETWEEN THE USER AND ANOTHER USER OR A THIRD PARTY, IN CONNECTION WITH THE SERVICE.
Article 6. Damages
If the User causes damages to the Company or a third party in connection with the use of the Service, the Company may claim compensation of damages against the User.
Article 7. Governing Law and Jurisdiction
- The governing law for the interpretation of these Terms will be Japanese law.
- The Tokyo District Court will be the exclusive court with jurisdiction in the first instance if a dispute concerning the Services arises.
These Terms will come into effect on April 1, 2020.