These Terms of Use (the “Terms”) set forth the terms and conditions for the provision of the Service (as defined below), and the rights and obligations between us and the registered users. You must agree to the Terms by reading the entirety before using the Service.
Article 1 Scope
- The purpose of the Terms is to set forth the terms and conditions for the provision of the Service and the rights and obligations between the Secretariat (as defined below) and the Users (as defined below), and the Terms shall be applied to all aspects of the relationship between the Users and the Secretariat in connection with the Service.
- Any rules for use of the Service posted on our website at https://fuyomin.com (the “Rules”) shall constitute an integral part of the Terms.
- If there is any conflict between the Terms and the Rules or any other description regarding the Service not provided for herein, the Terms shall prevail.
Article 2 Definitions
For purposes of the Terms, the following terms have the following meanings.
- “Service Agreement” means the agreement relating to the use of the Service to be executed under the terms and conditions of the Terms between the Secretariat and the User.
- “IP Rights” means copyrights, patents, utility model rights, design rights, trade mark rights and other intellectual property rights (including rights to obtain, or apply for registration of, such rights).
- “Secretariat” means Fuyomin Executive Secretariat.
- “Website” means such website as may be from time to time operated by the Secretariat, whose domain name is https://fuyomin.com (or if the domain name or content thereof is modified for any reasons, such modified website).
- “User” means any person or entity that uses the Service by agreeing to comply the Terms pursuant to Article 3 (Agreement).
- “Service” means the service provided by the Secretariat under the name of Fuyomin (or if the name or content thereof is modified for any reasons, such modified service).
Article 3 Agreement
- A person wishing to use the Service shall agree to comply the Terms after downloading and installing the Service to his/her device.
- Upon completion of the agreement pursuant to the preceding Paragraph, the Service Agreement shall become effective between the User and the Secretariat, allowing the User to use the Service pursuant to the Terms.
- If the User is a minor, he/she shall have his/her parent or legal guardian’s permission to use the Service.
- If a minor user uses the Service by falsely saying that he/she has parent or legal guardian’s permission or is an adult about age, he/she cannot cancel any legal acts related to the Service.
- If the User was a minor at the time of accepting the Agreement, and used the Service after reaching the age of majority, the confirmation to the act of use is deemed accepted.
Article 4 Prohibited Actions
When using the Service, the User may not conduct any act that falls under, or is determined by the Secretariat to fall under, any of the following:
- acts that violate any laws or regulations or that are associated with criminal activity;
- acts that defraud or threaten the Secretariat, other Users or other third parties;
- acts against public order and good morals;
- acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or interests of the Secretariat, other Users or other third parties;
- acts to transmit through the Service to other Users any information or data that falls under, or is determined by the Secretariat to fall under, the information or data that:
| · | contains excessively violent or cruel content; |
| · | contains computer viruses or other hazardous computer programs; |
| · | contains content that damages the reputation or the credit of the Secretariat, other users of the Service or other third parties; |
| · | contains excessively indecent content; |
| · | contains content that encourages discrimination; |
| · | contains content that encourages suicide or self-mutilation; |
| · | contains content that encourages drug abuse; |
| · | contains antisocial content; |
| · | is intended to be distributed to third parties, including but not limited to chain mails; or |
| · | contains content that causes uncomfortable feelings to third parties. |
- acts that place an excessive burden on the network or system of the Service;
- acts to reverse-engineer or otherwise analyze the software or other systems provided by the Secretariat;
- acts that are likely to interrupt the operation of the Service;
- acts to access the network or system of the Secretariat improperly;
- acts to impersonate a third party;
- acts to collect information of other users of the Service;
- acts that cause disadvantage, damage or uncomfortable feelings to other users of the Service or other third parties;
- acts that violate the Rules;
- acts to provide Antisocial Forces with profit;
- acts that, directly or indirectly, cause or facilitate the acts listed in Items (1) through (14) above;
- attempting to conduct any of the acts listed in Items (1) through (15) above; or
- other acts that the Secretariat deems to be inappropriate.
Article 5 Suspension of Service
The Secretariat shall be entitled to, without any advance notice to the User, suspend or discontinue the Service, in whole or in part, in the event that:
- Inspection or maintenance of the computer system for the Service needs to be performed due to urgent circumstances;
- The Secretariat becomes unable to provide the Service due to error in computers or communication lines, wrong operation, excessively concentrated access, unauthorized access, hacking or the like;
- The Secretariat becomes unable to provide the Service due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
- The Secretariat determines that suspension or discontinuance is required for other reasons.
Article 6 Ownership of Rights
Any and all IP Rights related to the Service and the Website are expressly reserved by the Secretariat or its licensor. Nothing contained herein shall be construed as granting to the User a license of the IP Rights related to the Service and the Website owned by the Secretariat or its licensor.
Article 7 Modification and Termination of Service
The Secretariat shall be entitled to at any time modify or terminate the Service in its own discretion without notifying the User in advance.
Article 8 Disclaimer and Waiver of Warranties
- THE SECRETARIAT MAKES DOES NOT MAKE WARRANTIES, EXPRESS OR IMPLIED, (i) that the Service fits or is suitable for a particular purpose contemplated by the User, (ii) that the Service has expected functions, commercial value, accuracy or usefulness, (iii) that the use by the User of the Service complies with the laws and regulations or internal rules of industrial organizations that are applicable to the User, or (iv) that the Service will be free of interruption or defects.
- The Secretariat shall not be liable for the damages incurred by the User in relation to the Service in excess of the amount of the consideration paid by the User to the Secretariat for the immediately preceding 12 months. UNDER NO CIRCUMSTANCES SHALL THE SECRETARIAT BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR FUTURE DAMAGES, OR LOST PROFITS.
- Any transactions, communications and disputes arising between the User and other Users or a third party in connection with the Service or the Website shall be addressed and resolved by the User at its responsibility.
Article 9 Confidentiality
The User shall keep confidential any and all non-public information disclosed in relation to the Service by the Secretariat to the User for which the Secretariat, at such disclosure, requires the User a confidential treatment, unless the User has obtained the prior written approval from the Secretariat.
Article 10 Treatment of User Information
- Treatment by the Secretariat of the User’s information shall be subject to the provisions of Fuyomin Privacy Policy, which is separately prescribed, and the User hereby agrees to treatment by the Secretariat of the User’s information pursuant to such Privacy Policy.
- The Secretariat may, in its sole discretion, use or make public any information or data provided by the User to the Secretariat as statistical information in a form that cannot identify an individual, and the User may not raise any objection to such use or publication.
Article 11 Amendment
The Secretariat reserves the right to amend or change the Terms when the Secretariat finds it necessary. In the event of any amendment or change to the Terms, the Secretariat shall inform the effective time and content of the amended or changed Terms by posting on the Website or other appropriate way, or notify the User of the same. Notwithstanding the foregoing, the Secretariat shall obtain the User’s consent in a manner specified by the Secretariat for the amendment or change of the Terms that requires such consent under the applicable laws.
Article 12 Notice
- Any communications or notices from the User to the Secretariat, including but not limited to inquiries with respect to the Service, and any communications or notices from the Secretariat to the User, including but not limited to notices concerning any amendment to the Terms shall be made in accordance with the procedures specified by the Secretariat.
- Any communication or notice made by the Secretariat that is posted on the Website or the Service shall be deemed to be received by the User.
Article 13 Assignment
- The User shall not assign, transfer, grant security interests on or otherwise dispose of the Service Agreement or its rights or obligations under the Terms without the prior written consent of the Secretariat.
- In cases where the Secretariat transfers the business regarding the Service to a third party, the Secretariat may, as part of such transfer, assign to the third party the Service Agreement, the rights and obligations of the Secretariat under the Terms, and the Registration Information and other information relating to the User, and the User hereby agrees to such transfer in advance. The business transfer referred to above in this Paragraph shall include, in addition to the usual form of business transfer, a company split or any other form that would result in a business transfer.
Article 14 Severability
If any provision of the Terms or a part thereof is held to be invalid or unenforceable under Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.
Article 15 Governing Law and Jurisdiction
- The Terms shall be governed by the laws of Japan without regard to conflict of laws principles.
- Any and all disputes arising out of or in connection with the Terms or the Service Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan in the first instance.
The Terms shall be executed in the Japanese language. Japanese shall be the governing language and any translation of the Terms into any other language is for convenience of reference only and shall not bind the parties hereto.
Prescribed on 07/13/20
