Terms of service

Article 1. Purpose

Article 2. Revision of this Terms of Service

Article 3. Handling of User Information

Article 4. Membership Registration

Article 5. Cancellation of Membership Registration

Article 6. Membership Rights

Article 7. User Responsibilities

Article 8. Restrictions on Access and Responsive Measures

Article 9. Prohibitions

Article 10. Modification of the Services

Article 11. Use Fees

Article 12. Individual Paid Items

Article 13. Intellectual Property Rights

Article 14. Disclaimers

Article 15. Governing Law

Article 16. Court of Competent Jurisdiction

Article 17. Resolution through Consultations

Article 18. Other Matters

This Terms of Service sets forth the terms and conditions that apply when a user makes use of the content services (each of the services indicated at http://favary.co.jp/en/works/ referred to as the “Services”) provided by favary Inc. (the “Company”).

The user shallshall agree to this Terms of Service before using the Services.

The Company may revise this Terms of Service without any prior notice to the user.

If the Company revises this Terms of Service, following such revision, the revised agreement shall apply to all matters related to use of the Services by the user.

The Company shall appropriately handle user information in accordance with the Application Privacy Policy.

1.If the user wishes to apply user registration for the Services, the user shall agree to this Terms of Service and apply for registration as a member in accordance with the procedures specified by the Company.

2.If a minor seeks to become a Service member, the consent of the minor’s guardian or other person with parental rights shall be obtained. If a minor applies for membership pursuant to Paragraph 1, the application shall be considered to have been made after obtaining consent from a guardian or other person with parental rights.

3.Service members may not permit the use of their Service membership rights by third parties or lease, assign, sell, or pledge those rights to third parties.

1.The user may freely and at any time cancel their membership by uninstalling the Services.

2.The user shall lose all paid items and privileges of the Services and all rights related to use of the Services at the time of uninstallation.

3.If the user falls under any of the following items or it is discovered that the user fell under any of the following items in the past, the Company may immediately cancel the user’s membership registration without any advance notice or warning to the user.

(a)If the user has engaged in the conduct specified in Article 9;

(b)If the user markedly abuses the Services through excessive or bad-faith conduct;

(c)If a petition is filed for attachment, provisional attachment, provisional disposition, disposition for collection of taxes in arrears, compulsory enforcement, bankruptcy, or civil rehabilitation in relation to user; or

(d)Any other cases in which the Company determines that the user is not suitable as a user.

4.If the Company cancels a membership registration pursuant to the preceding paragraph, the Terms of Service between the Company and the user shall as a matter of course lose effect pursuant to this Terms of Service, and even if the user incurs damage in relation to such cancellation, the Company shall not bear any liability whatsoever to the user.

1.The user shall possess rights to one membership with regard to one person. One person holding rights to multiple memberships and multiple persons jointly holding rights to one membership are not permitted; except when otherwise specified by the Company.

2.Under no circumstances may the user assign or lease his/her membership rights to any third party.

1.The user shall use the Services under his/her own responsibility and shall bear all liability regarding all conduct undertaken through the use of the Services and the consequences of that conduct.

2.If the user harms the reputation or infringes on the privacy rights of a third party, discloses the personal information of a third party without consent, engages in conduct in violation of the Copyright Act (Act of Japan No. 48 of 1970), or otherwise infringes on the rights of a third party, the user shall resolve the matter under his/her own responsibility and at his/her own expense, and the Company shall not bear any liability whatsoever.

3.The user acknowledges that the Company does not bear a duty to retain information posted by the user when using the Services and shall maintain proper backups.

1.If the user engages in the prohibited conduct specified in Article 9, the Company may at its discretion restrict access to the Services by the user from the time that the prohibited conduct is discovered.

2.If the user breaches this Terms of Service and causes harm to the Company, the Company may claim for compensation to the violating user for all damage, losses, and expenses incurred by the Company.

3.The Company may provide information relating to a user in breach of this Terms of Service to police, courts, and other comparable bodies.

When using the Services, the user may not engage in the following conduct. If the user violates these prohibitions, the Company may take punitive measures, including compulsory cancellation of membership, suspension of use, or modification of the scope of publication.

(1)Conduct that infringes on the copyrights, trademarks, or other intellectual property rights of the Company or a third party and conduct that is likely to infringe on such intellectual property rights;

(2)Conduct that infringes on the property rights, privacy, or rights to likeness of the Company or a third party and conduct that is likely to infringe on such rights;

(3)Conduct that improperly discriminates against or defames the Company or a third party, encourages improper discrimination against a third party, or harms the honor or reputation of the Company or a third party;

(4)Using another person’s name, falsely representing having the right of representation or proxy right or otherwise using the Services by misrepresenting the existence of a tie-up or cooperative relationship with another person or organization;

(5)Conduct linked to or likely to be linked to criminal conduct such as fraud, abuse of controlled substances, child prostitution, and illegal selling of deposit accounts and mobile phones;

(6)Display, sale, and the like of information corresponding to obscenity, child pornography, or child abuse (referred to in this item as “Applicable Information”);

(7)Permitting illegal betting or gambling or inducing others to participate in illegal betting or gambling;

(8)Contracting to perform, acting as an agent for, or inducing illegal conduct (sale of guns, etc., manufacture of explosives, provision of child pornography, forging official documents, murder, threats, and the like);

(9)Conduct that induces or encourages suicide by a third party;

(10)Submission of information with the content specified below in relation to the Services (recipients of such information are not limited to businesses operated by the Company):

(a)Information that defames a specific individual;

(b)Information that identifies a specific individual such as name, address, contact information, or telephone number;

(c)Information not related to the subject of a review; and

(d)Other information that the Company determines to be inappropriate;

(11)Conduct involving the possession of rights to multiple accounts by one person or joint possession of rights to one account by multiple persons; except when otherwise permitted by the Company;

(12)Improperly overwriting or deleting information stored on Company facilities;

(13)Distributing or posting viruses or other harmful computer programs;

(14)Conduct that imposes a load on the service of the Company or third parties, conduct that causes or is likely to cause harm to operation of the Services or network systems;

(15)Posting links for the purpose of encouraging conduct with the knowledge that the conduct falls under any one of the preceding items;

(16)Violating laws and regulations, public morals, this Terms of Service or other Terms of Services and conduct that the Company determines infringes on the rights of third parties; and

(17)Other conduct that the Company determines is inappropriate.

The Company may, at its discretion, supplement, modify, discontinue, or terminate the Services for any reason.

1.Registration and basic Services are free of charge.

2.If the user uses services offered for a fee, the user shall pay use the fees in the amounts specified by the Company by the method specified by the Company by the deadline specified by the Company. Furthermore, the Company shall not refund previously paid use fees for any reason.

1.If the user falls under any of the following items, the Company may at its discretion delete some or all paid items from user’s paid item balance. The Company shall not pay any compensation or bear any liability whatsoever with regard to deleted paid items. If privileges were previously exchanged with regard to deleted paid items, a duty for the user to return money, goods, and so on to the Company shall arise retroactively, and the user shall bear the duty to pay compensation for damage.

(1)If information provided to the Company or a member site differs from the facts;

(2)If a billing item was obtained through improper means;

(3)If the user violates this Terms of Service;

(4)If the Company reasonably determines that more paid items than usual were granted due to a system error or the like; and

(5)Other cases in which the Company determines that cancellation of a billing item granted to the user would be proper.

2.The effective term of the paid items shall in all cases be no more than six months from the date of granting.

1.The user may not reproduce or use any information provided via the Services, regardless of method or format, beyond the scope of personal use by the user as an individual as specified in the Copyright Act.

2.Intellectual property rights relating to the Company’s Services belong to the Company or licensors from which the Company has received licenses and do not belong to user. The user may not allow third parties to use any information provided via the Services by any method without obtaining the approval of the rights holder.

3.If the user violates this article and a problem arises as a result, the user shall resolve the problem at his/her own expense and under his/her own responsibility and shall take appropriate measures to prevent any inconvenience or damage to the Company.

1.The Company does not provide any warranties regarding the completeness, accuracy, reliability, or usability of the content of information and functions and the like provided via the Services.

2.The Company shall not bear any liability whatsoever for any damage incurred as a result of the use or non-use by user of the Services.

3.The Company does not bear any duty to provide support regarding the equipment, facilities, and software used by the user to access the Services or to set or modify the facilities and software managed by the Company.

4.If the user causes damage to other users or a third party in relation to use of the Services and if a dispute arises between the user and other users or a third party, the Company shall not bear any liability whatsoever and the user shall at his/her own expense and under his/her own responsibility pay compensation for such damages and resolve such disputes and shall take appropriate measures to prevent any damage, expenses, or inconvenience to the Company.

5.The Company shall endeavor to protect member information, but if member information is stolen as a result of unforeseen improper access or other means, the Company shall not bear any liability for damage incurred by the user as a result.

6.Advertisers are responsible for the content of advertisements posted on the Services and the Company does not bear any liability whatsoever with regard to such content. Even if the content of such advertising infringes on the rights of the user or a third party and a dispute arises, the Company shall not bear any liability whatsoever with regard to such damages and disputes.

The formation, effect, performance and interpretation of this Terms of Service shall be governed by the laws of Japan.

The Tokyo Summary Court or Tokyo District Court shall be the court of first instance with regard to all disputes relating to the Services.

If a problem related to the Services arises between the user and the Company, the parties shall engage in good-faith discussions to reach a resolution.

Members shall comply with other provisions adopted by the Company with regard to matters not specified in this Terms of Service.

Supplemental Provisions

This Terms of Service shall take effect on August 31, 2015.

Revised [date] October 01, 2016.