Terms of Use
The Terms of Use (hereinafter referred to as the “Terms”) set forth the matters to be observed by the User as well as the rights and obligations of DAIMOKU PRO management office (which mean the group which manages DAIMOKU PRO service, hereinafter referred to as the “Administrator”) and the User with respect to the use of DAIMOKU PRO provided by the Administrator. Every user desiring the registration for the service will be required to read through the entire text of the Terms carefully before agreeing thereto. If the User agrees to this Terms, the agreement with respect to use of the Service in accordance with the provisions of the Terms (the “Service Agreement”) shall be deemed executed between the User and the Administrator.
Article 1 Scope of Application
1.1 The Terms shall define the rights and obligations of the Administrator and the User (as defined in Article 2), and shall apply to any relationship between the Administrator and the User with respect to the use of the Service (as defined in Article 2).
1.2 The rules and regulations concerning the Service which may be posted by the Administrator on the Application (as defined in Article 2) from time to time shall constitute part of the Terms.
Article 2 Definitions
For the purposes of the Terms, the following terms shall have the meanings ascribed to them as follows:
(1) “Intellectual Property Rights” means copyrights, patents, utility model rights, trademark rights, and any other intellectual property rights including, without limitation, the rights to acquire these rights or to file an application for the registration of any of such rights.
(2) “Application” means the application named DAIMOKU PRO provided by the Administrator including, without limitation, the new application in cases where the name of the application is changed.
(3) “Posted Data” means the “Posted Data” defined in Article 9.
(4) “Registration Information” means the “Registration Information” defined in Article 3.
(5) “User” means an individual or a corporation who uses the Service.
(6) “Service” means the service named DAIMOKU PRO by the Administrator including, without limitation, the new service in cases where the name of the service is changed.
(7) “Third Party SNS Services” means social networking services provided by third parties such as the Facebook, which have functions of user identification, disclosure of relationships with friends, posting of contents, etc. and which shall be used in relation to the Service.
(8) “Third Party SNS Providers” means the entities which provide the Third Party SNS Services.
(9) “Terms of Use for Third Party SNS” means the terms applicable between the User and the Third Party SNS Providers.
Article 3 Registration
3.1 There are cases where the Administrator requires the User to register as a user of the Service before using the Service. In this case, the User may apply to the Administrator for the registration as a user of the Service by providing the Administrator with the information required by the Administrator (hereinafter referred to as the “Registration Information”) in a manner specified by the Administrator.
3.2 The application for the registration shall be made by an individual or a corporation that will use the Service, and applications by proxy will not be accepted. For each application for the registration, the User shall provide true, correct and current information to the Administrator.
3.3 The Administrator may reject the registration if:
(1) the Administrator determines that the User is likely to violate the Terms;
(2) the Registration Information submitted to the Administrator contain, in whole or part, false or erroneous statements or omissions;
(3) the registration of the User for the use of the Service has once been cancelled;
(4) the User is under 18 years old;
(5) the User is a minor, an adult ward, a person under curatorship or a person under assistance, and has not obtained the necessary consent of his/her respective legal representative, guardian, curator or assistant; or
(6) the Administrator determines that the User is antisocial forces (which mean gang groups, gang members, right-wing groups or other similar entities; the same shall apply hereinafter), or the Administrator determines that the User is associated with or involved in antisocial forces in any manner such as cooperating or engaging in maintenance, operation, management of antisocial forces through funding or any other method.
(7) the Administrator otherwise determines that the registration would be inappropriate.
3.4 In the event of any change in the Registration Information, the User shall promptly notify the Administrator of such change in accordance with the procedure specified by the Administrator and submit to the Administrator the required information.
Article 4 Use of the Service
4.1 The User shall be entitled to use the Service in accordance with the Terms in such a manner as specified by the Administrator, during the effective term of the Sevice Agreement; provided, however, that in cases where the registration under Article 3 is required, the User may use the Service only after the Administrator accepts the registration and the registration is completed.
4.2 The objective of the Service is not to provide a dating service. The User shall not transmit information related to meeting, seeing or dating with a person of opposite sex by using the Service.
Article 5 Management of Password and User ID
5.1 There are cases where the Administrator issues a password and user ID to the User. The User shall be fully responsible for the security and safekeeping of his/her password and user ID and the User shall not cause or permit any third party to use the password or user ID nor shall it loan, assign, or cause to be owned in the name of another person or to be sold or purchased the password or user ID or otherwise cause the password or user ID to be an object of any activity similar to the foregoing.
5.2 The User shall be responsible and liable for any damage incurred by the User as a result of inadequate management, wrong or improper use, or the use by a third party of the password or user ID. In no event shall the Administrator be responsible or liable for such damage.
5.3 In cases where the password or user ID is found to be stolen or used by a third party, the User shall immediately notify the Administrator to that effect and follow the instructions provided by the Administrator.
Article 6 Prohibited Activities
6.1 The User shall be prohibited from engaging in any of the following activities with respect to the use of the Service:
(1) to perform any act which would infringe any Intellectual Property Rights, portrait rights, privacy rights, credits, or other rights or interests of the Administrator, other Users, the Third Party SNS Providers or other third parties (including any act which raise such infringement directly or indirectly);
(2) to perform any act which would discriminate or slander the Administrator, other Users, the Third Party SNS Providers or other third parties, or to encourage such act;
(3) to perform an act associated with a criminal act, or an act against public order and good morals;
(4) to transmit information which is indecent (for example nude and explicit photos), child pornography, child abuse, or harmful for minors;
(5) to perform any act which intends to sexual practice, indecent act, etc;
(6) to transmit information related to meeting, seeing or dating with a person of opposite sex;
(7) to perform any act which would induce or encourage disappearance from home;
(8) to bully, threaten others, or perform any act which would induce or encourage such acts;
(9) to transmit cruel information or any other information which would give unpleasant feeling to a third party;
(10) to transmit violent information or information which would induce violence;
(11) to impersonate a third party or pretend to have a cooperative relationship or partnership with a third party;
(12) to transmit or distribute false information intentionally;
(13) to perform any act which would induce or encourage a third party to suicide or self-injury;
(14) to transmit messages to other Users indiscriminately or conduct any other spamming;
(15) to disclose a third party’s address, telephone number, mail address, date of birth, credit card number or any other information without permission by the third party;
(16) to perform sales, marketing, advertisement, solicitation or any other act for commercial purpose;
(17) to perform any act which violates any law or regulation, or the internal rules of the entity of which the Administrator or the User is a member;
(18) to transmit information containing computer viruses or other harmful computer programs;
(19) to modify information which can be used for the purpose of the Service;
(20) to perform any act which would put a load on the network used by the Administrator, such as transmitting through the Service data the volume of which is larger than the size of data specified by the Administrator;
(21) to perform any act which is likely to interfere with the use of the Service by other Users or the operation of the Service by the Administrator; or
(22) to perform any other acts determined by the Administrator to be inappropriate.
6.2 In cases where the Administrator determines that the act of the User to transmit information in the Service falls or is likely to fall under any of the items of Article 6.1, the Administrator may delete, modify, etc. all or part of such information without any prior notice to the User. The Administrator shall in no event be responsible or liable for any damage incurred by the User as a result of an action taken by the Administrator pursuant to this Article 6.2. For the avoidance of doubt, the Administrator shall have no obligation to take such action.
Article 7 Discontinuation or Suspension of the Service
7.1 In the event of any of the following circumstances, the Administrator shall reserve the right to permanently discontinue or temporarily suspend all or part of the use of the Service without prior notice to the User:
(1) When the Administrator conducts scheduled or unscheduled inspections or maintenance of the computer systems relating to the Service;
(2) When a computer or telecommunications network ceases to operate or function as a result of an accident;
(3) When the operation of the Service becomes difficult due to fire, power failure, natural disaster, or any other cause of force majeure;
(4) When troubles, discontinuation or suspension of service, discontinuation of association with the Service, changes of specifications, etc. occur with respect to the Third Party SNS Services; or
(5) When for any other reason the Administrator determines that the discontinuation or suspension will be necessary.
7.2 The Administrator may, in its discretion, terminate the provision of the Service. In this case, the Administrator gives prior notice to the User.
7.3 The Administrator shall not be responsible or liable for any damage incurred by the User as a result of any action taken by the Administrator in accordance with this Article 8.
Article 8 Preparation of Devices, etc.
8.1 The User shall, with its own costs and responsibilities, prepare and maintain smart phones and other devices, and telecommunication line and other communication environment which are necessary to use the Service.
8.2 The User shall, with its own costs and responsibilities, prepare and maintain security systems suitable for the User’s environment for use of the Service to avoid attack of computer virus, unauthorized access, information leakage, etc.
8.3 The Administrator shall have no obligation to retain the messages or other information transmitted by or to the User through the Service even in cases where such information has been retained by the Administrator for a certain period for operational reasons, and the Administrator may delete such information at any time in its discretion. The Administrator shall not be responsible or liable for any damage incurred by the User as a result of such deletion of information.
8.4 In cases where at the commencement of or during the use of the Service the User installs applications, etc. into his/her smart phones or other devices, the User shall exercise due care in order to prevent the loss or alteration of the information held by it, or any fault or damage to his/her equipment. The Administrator shall in no event be responsible or liable for such loss or damage incurred by the User.
Article 9 Ownership and Intellectual Property Rights
9.1 All ownership rights and Intellectual Property Rights in and to the Service and the Application shall vest in the Administrator or its licensors, and unless otherwise provided for expressly herein, the use of the Service permitted through the registration under the Terms shall not be construed as assigning, or granting any license with respect to, any Intellectual Property Rights concerning the Application or the Service held by the Administrator or its licensors. The User shall not, for any reason whatsoever, perform any act which would infringe any Intellectual Property Rights of the Administrator or its licensors, including, without limitation, disassembling, decompiling, or reverse engineering.
9.2 The Intellectual Property Rights in and to the texts, graphics, videos and other data uploaded or transmitted in the Application or the Service by the User (hereinafter referred to as the “Posted Data”) shall vest in the User; provided, however, that the User hereby grants to the Administrator the non-exclusive, sublicenseable and royalty-free license to copy, reproduce, modify or otherwise use the Posted Data without any restriction ONLY FOR THE SERVICE IMPROVEMENT PURPOSE.
Article 10 Termination of the Service Agreement
10.1 The Administrator may suspend temporarily the use by the User of the Service or terminate the Service Agreement with the User without any prior notice if:
(1) the User violates any provision of the Terms;
(2) the Registration Information is found to contain false information;
(3) the User uses or attempts to use the Service for such purposes or in such a manner as would cause damage to the Administrator, other Users, the Third Party SNS Providers or other third parties;
(4) Use of the Third Party SNS Services or association with the Third Party SNS Services becomes difficult in relation to the User due to its violation of the Terms of Use for Third Party SNS or other reasons;
(5) the User interferes with the operation of the Service by any means;
(6) payment by the User is suspended, or the User becomes insolvent, or an application for a proceeding for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or other similar proceedings is instituted with respect to the User;
(7) the User dishonors any note or check issued or accepted by it;
(8) a petition is filed against the User for attachment, provisional attachment, provisional disposition, judicial enforcement or an auction sale;
(9) the User becomes subject to the procedures for tax delinquency;
(10) the User dies or is subject to an order for the commencement of guardianship, curatorship, or assistance;
(11) the User has not used the Service for a period of DAIMOKU PRO month(s) or more, and has not responded to any communication from the Administrator;
(12) the User falls under any of the items of Article 3.3; or
(13) the Administrator determines for any reason that the continuation of the registration of the User would be inappropriate.
10.2 In cases where the User falls under any of items of Article 10.1, any and all monetary debt of the User to the Administrator shall become forthwith due and payable, and the User shall immediately pay such monetary debt.
10.3 The User may terminate the Service Agreement by sending a notice to the Administrator in accordance with the procedures specified by the Administrator.
10.4 The Administrator may terminate the Service Agreement by sending a DAIMOKU PRO days prior notice to the User.
10.5 The Administrator shall in no event be responsible or liable for any damage incurred by the User as a result of any action taken by the Administrator in accordance with the provisions of this Article 10.
Article 11 Disclaimer and Limitation of Liability
11.1 The Administrator shall not be obligated to be involved in communications between the Users, and shall makes no warranty regarding contents of communications by the Users, troubles between the Users, existence of the Users, etc. The Service is provided “as is”, and the Administrator makes no warranty of any kind, including, without limitation, warranty of fitness for particular purpose, merchantability, completeness or consistency, with respect to the Service.
11.2 The Administrator does not make any warranty which is not expressly provided for in the Terms even in cases where the User has acquired from the Administrator, directly or indirectly, any information concerning the Service, the Application, other Users or any other matter.
11.3 Although the Service may be associated with the Third Party SNS Services, the Administrator makes no warranty regarding such association. The Administrator shall not be responsible or liable even when such association is not available.
11.4 In cases where the Service is associated with the Third Party SNS Services, the User shall comply with the Terms of Use for Third Party SNS with its own costs and responsibilities. In no event shall the Administrator be responsible or liable for disputes, etc. which arise between the User and the Third Party SNS Providers.
11.5 The User shall investigate at his/her own expense and responsibility to determine whether or not his/her use of the Service will violate any law or regulation applicable to the User or the internal rules of the entity of which the User is a member, and the Administrator makes no warranty that the use of the Service by the User will comply with the laws and regulations applicable to the User and the internal rules of the entity of which the User is a member.
11.6 The User shall, with his/her full responsibility, treat and resolve all transactions, communications, disputes, etc. in connection with the Service or the Application which arise between the User and other Users, the Third Party SNS Providers or other third parties. In no event shall the Administrator be responsible or liable for them.
11.7 In no event shall the Administrator be responsible or liable for suspension, discontinuation, unavailability or modification of the Service caused by the Administrator, deletion or loss of any message or information from the User, cancellation of the registration of the User, loss of data or failure of or damage to equipment through the use of the Service, or any other damage incurred by the User in connection with the Service.
11.8 Even if the Application contains links to and from other websites on the Internet, the Administrator shall not, for any reason, be responsible for such websites or any information obtained therefrom.
11.9 The Administrator may disclose the Registration Information, the Posted Data, IP address or other information related to the User when such disclosure is required by law or by an order, requirement or request by a court, police or other governmental authority. The Administrator shall in no event be responsible or liable for any damage incurred by the User as a result of such disclosure.
11.10 In cases where there are suspicions that the User falls under any of the Items of Article 6.1, the Administrator may access and inspect the messages or other information transmitted by or to the User. The User hereby agrees to such access and inspections.
11.11 In no event shall the Administrator be responsible or liable for the damage incurred by the User in connection with the Service. Even if the Administrator is responsible or liable for the damage by the application of Consumer Contract Law of Japan or other reasons, the responsibility and liability of the Administrator for the damage are limited to one thousand (1,000) Japanese yen.
Article 12 Indemnification by the User
12.1 The User shall indemnify and hold harmless the Administrator from and against any damage incurred by the Administrator as a result of any breach by the User of any provision of the Terms or resulting in connection with the use by the User of the Service.
12.2 The User shall immediately notify the Administrator of any claim against the User brought by other Users, the Third Party SNS Providers or other third parties in connection with the Service or of any dispute arising between the User and any of the other Users or other third parties, and shall settle such claim or dispute at his/her own expense and responsibility and report the processes and results of the settlement to the Administrator at the request thereof.
12.3 In cases where a claim is brought against the Administrator by other Users, the Third Party SNS Providers or other third parties by reason of infringement of rights or for any other reason with respect to the use of the Service by the User, the User shall compensate the Administrator for any amount of money which the Administrator has been forced to pay to such other Users, the Third Party SNS Providers or other third parties based on such claim.
Article 13 Confidentiality
13.1 For the purposes of the Terms, the “Confidential Information” means any and all information related to technology, business, operation, finance, organization, etc. of the Administrator which may be provided or disclosed by the Administrator to, or come to the knowledge of, the User in connection with the Terms or the Service in writing, orally or in storage media, etc., but excluding information (1) which is generally available to the public or known to the User at the time when the information is provided or disclosed by the Administrator to or comes to the knowledge of the User; (2) which becomes publicly known through publication or otherwise without fault of the User after the information is provided or disclosed by the Administrator to or comes to the knowledge of the User; (3) which the User has lawfully acquired without any obligation of confidentiality from a third party authorized to provide or disclose the information; (4) which the User has developed independently of the Confidential Information, or (5) which is confirmed by the Administrator in writing to be excluded from the obligation of confidentiality.
13.2 The User shall use the Confidential Information of the Administrator solely for the purpose of using the Service hereunder, and shall not provide, disclose or divulge the Confidential Information of the Administrator to any third party without the Administrator’s prior written consent.
13.3 Notwithstanding the provision of Article 13.2, the User may disclose the Confidential Information of the Administrator when such disclosure is required by law or by an order, requirement or request of a court or governmental authority; provided, however, that such order, requirement or request shall be promptly notified to the Administrator by the User.
13.4 The User shall first obtain the prior written consent of the Administrator if it intends to reproduce any document or magnetic storage media containing the Confidential Information of the Administrator, and shall keep the reproductions under strict control in the same manner as provided for in Article 13.2.
13.5 At any time upon request of the Administrator, the User shall promptly return to the Administrator or destroy the Confidential Information of the Administrator and the documents or other storage media containing or including the Confidential Information along with all reproductions thereof in accordance with the instructions of the Administrator.
Article 14 Effective Term
The Service Agreement shall become effective on the date of agreement to the Terms by the User, and remain in force and effect between the Administrator and the User until the earlier of the termination of the Service Agreement or the cessation of the provision of the Service.
Article 15 Amendment and Changes to Terms, etc.
15.1 The Administrator reserves the right to make amendment or change to the contents of the Service without restriction.
15.2 The Administrator reserves the right to make amendment or change to the Terms (including, without limitation, the rules and regulations concerning the Service which may be posted on the Application; the same shall apply hereinafter in this Article 15). In the event of any amendment or change to the Terms, the Administrator shall notify the User to that effect. If the User uses the Service, or fails to take steps to cancel the registration within the time specified by the Administrator after the notice set forth above, the User shall be deemed to have agreed to such amendment and change made to the Terms.
Article 16 Notice
Any inquiries with respect to the Service or other communications or notices from the Users to the Administrator, or the notices concerning any amendment to the Terms or other communications or notices from the Administrator to the User shall be made in accordance with the procedures specified by the Administrator.
Article 17 Assignment of Terms
17.1 The User shall not assign, transfer, grant security interests on or otherwise dispose of his/her status under the Service Agreement or rights or obligations under the Terms without the prior written consent of the Administrator.
17.2 In cases where the Administrator has assigned the business regarding the Service to a third party, the Administrator may, as part of such assignment of business, assign to the third party assignee its status under the Service Agreement, its rights and obligations under the Terms, and the Registration Information and other information relating to the User, and the User hereby agrees to such assignment in advance. For the purposes of this Article 17.2, the assignment of business referred to above shall include, in addition to the usual form of assignment of business, split of the Administrator or any other form of restructuring of the Administrator which would result in a transfer of the business.
Article 18 Survival of Provisions
The provisions of Articles 5.2, 6.2, 7.3, 8, 9, 10.2, 10.5, 11 through 13, 17 through 19, and 21 shall survive the expiration or termination of the Terms and remain in full force and effect.
Article 19 Governing Law and Jurisdiction
The Terms shall be governed by the laws of Japan. Any and all disputes arising out of or in connection with the Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.
Article 20 Resolution Through Discussion
Any matters not provided for in the Terms or those giving rise to any doubts with respect to the interpretation of the Terms shall be promptly resolved through good faith discussions between the Administrator and the User.
Article 21 Language
In the event that any inconsistencies arise between the Japanese version of the Terms and any translated version thereof to other languages, the Japanese version shall prevail.
[Enacted on 1 January, 2019_]