Details of the contract entered into between persons using CoCoprin (See Article I Item 1. SERVICE) and Japro Inc. (hereinafter referred to as the COMPANY) are as provided in the articles below.
In addition to those items otherwise indicated within this agreement, definitions for terms used in this agreement are as provided in the items below:
- Refers to current and future software provided by the COMPANY with the name CoCoPrin or its Japanese equivalent, as well as all other works and incidental services.
- Refers to an individual (legal person) who has entered into a contract with the COMPANY who conforms to this agreement in order to make use of the SERVICE.
- Refers to the contract, conforming to this agreement, established between the USER and the COMPANY.
II. Contract Purpose
The COMPANY can provide the SERVICE to the USER, and the USER can use the SERVICE on a non-exclusive basis in compliance with the CONTRACT.
At any time, the COMPANY can add to, remove from, stop or change the SERVICE in part or in whole.
The SERVICE assumes use will be within the scope of the following items:
- Sending messages for the purpose of personal communication, or exchanging or sharing images
- Sharing or displaying works from the SERVICE on other websites
- Use within the scope of personal use (as given in Article 30 of the Japanese Copyright Act) of works created by the USER with the SERVICE in addition to the above items
III. Initial Contract Term
The CONTRACT will take effect the moment the USER agrees to all terms and conditions of this agreement.
When the USER registers an account as described in a later article, they will be regarded as agreeing to all terms and conditions of this agreement.
When a former USER uses all or part of the SERVICE, they will be regarded as resuming their contract based on this agreement.
Upon stopping use of the SERVICE, the USER can apply to cancel the CONTRACT at any time.
Upon cancellation of the CONTRACT, the USER is still held responsible for obligations arising from facts before cancellation or from improper conduct after cancellation.
When minors attempt to enter into a contract based upon this agreement, consent from all parents or legal representatives is required.
When a minor registers an account as described in a later article, they are treated as having the consent of all legal representatives.
Legal representatives who have consented to entering the CONTRACT jointly and severally pledge to honor all obligations generated by the USER in connection with the CONTRACT.
VI. Personal Information
Notwithstanding the provisions of the preceding paragraph, if receiving a judicial or administrative order, or if requested for cooperation by a police agency or other public institution, the COMPANY can submit personal information, private
information or other information related to the USER without USER consent. Note that in such cases, the USER cannot make any claims for injunction on the submission, compensation for damages or otherwise.
Notwithstanding the provisions of paragraph 1, the COMPANY can disclose to third parties information provided by the USER within the scope of use for SERVICE operation and activity related to advertising and other such activity.
- USER nickname (name chosen by the USER themselves)
- Information the USER consents to disclosing
Upon attempting to use the SERVICE, the USER must first register an account in accordance with the method the COMPANY has described separately and confirm that the account is kept valid.
The above account registration routine is free of charge.
The USER is not to register multiple accounts, accounts under different names, or otherwise register any accounts improperly with the COMPANY (hereinafter referred to as “unauthorized registration”; refer to Article VIII Unauthorized Registration).
If the COMPANY finds that in light of these internal rules the USER has registered an account that does not fulfill the abovementioned conditions, the COMPANY can refuse registration or delete the account after registration.
VIII. Unauthorized Registration
If the COMPANY deems that the USER has registered or is using an unauthorized account, the COMPANY can freeze or delete the account without prior notice to the USER.
IX. Account Usage
The USER is to always use their own account when using the SERVICE.
The USER is to carefully manage their account and password (hereinafter referred to collectively as “account information”) such that no third party can use it.
The USER is to take full responsibility for the results of any actions that came from the use of their account information.
X. Account Deletion
Upon stopping use of the SERVICE, the USER can apply to the COMPANY to delete their registered account information at any time.
XI. Extinguishment of Rights
Regardless of the cause of deletion, the USER relinquishes all rights related to the SERVICE if their account is deleted and cannot request the COMPANY to restore the deleted account.
XII. Maintenance of the Usage Environment
The USER assumes full responsibility for installing the necessary hardware and software, providing the internet connection for and maintaining their own environment for usage of the SERVICE.
The USER is to take measures for their SERVICE usage environment to prevent damage as given in the following items. If damage occurs on a usage environment with insufficient preventative measures, the USER takes full responsibility; the COMPANY takes no responsibility for such damages.
- Computer antivirus protection
- Unauthorized access prevention
- Information leakage prevention
- Measures against other events originating in the usage environment which could cause
XIII. Third Party Usage Limitations
The USER is forbidden from allowing any third party from using the SERVICE in part or in whole. However, this limitation does not apply to windows the COMPANY places within the SERVICE or actions expressly permitted within the CONTRACT or in the detailed rules based on the CONTRACT.
If the USER acts counter to the provisions of the previous paragraph and allows a third party to use the SERVICE in part or in whole, the USER pledges to honor all obligations that the third party in question is to bear in relation to the SERVICE.
XIV. Data Management
The USER is responsible for managing works and other data either created using the SERVICE or saved on the SERVICE for which the USER owns rights. The USER is to back up data occasionally outside of the SERVICE.
In the event that works or other data the USER has created using the SERVICE or saved on the SERVICE is erased for any reason, the COMPANY is not responsible for restoring the data or compensating the USER.
The USER understands that for all works provided by the SERVICE other than those for which the USER owns the rights, the COMPANY either owns the rights or is providing them with consent from the copyright holder.
The USER assures that they own the copyright and all other associated rights for the works which they post, create or edit on the SERVICE.
The USER recognizes that the COMPANY, persons recognized by the COMPANY and third parties using the SERVICE will have free use within reasonable scope of works which they post, create or edit on the SERVICE and will not exercise their personal rights as author to prevent such usage.
XVI. Rights of Use
The USER can use works provided by the SERVICE within the SERVICE within the scope of the CONTRACT.
The COMPANY is permitted to insert advertisements for the COMPANY or third parties on the SERVICE.
XVIII. Usage Fees
Excepting the items described in the following paragraph, the SERVICE can be used free of charge.
If the USER uses portions of the SERVICE with other fee indications or notifications, the USER must pay the indicated fee to the COMPANY by the method indicated or notified.
XIX. Virtual Currency
The COMPANY issues and sells a virtual currency only valid within the SERVICE which the USER can purchase. Note here that the COMPANY may occasionally change the rates when issuing and selling the virtual currency.
The USER is not allowed to use the virtual currency mentioned above to conduct transactions with third parties. If virtual currency is being used in transactions, the COMPANY can invalidate the virtual currency of the USER responsible for said virtual currency transactions.
If the USER’s account is revoked, that USER’s virtual currency will also be revoked immediately, regardless of the reason why the account was revoked.
XX. Expressions within the SERVICE
Regarding actions expressed as “buying” or “purchasing” in the SERVICE, the USER understands the following:
- These actions are limited to obtaining various usage rights within the SERVICE
- USER does not gain proprietary rights, intellectual property rights or any other rights in effect outside of the SERVICE
XXI. Prohibited Conduct
In addition to the conduct prohibited in other articles, the USER is also prohibited from the following conduct when using the SERVICE:
- Registering a fake account
- Using any works provided by the SERVICE other than those for which the USER owns the rights outside of the SERVICE (Except those separately approved by the COMPANY)
- Providing private information of one third party to another third party
- Providing information which is counterfactual, factually uncertain, or could be defamatory to another party
- Wrongfully collecting or using personal information
- Impersonating the COMPANY or a third party
- Harassing, disturbing or spamming third parties, or other actions deemed to fall under such categories
- Use of violent or sexual language, providing adult-oriented content, or steering others to websites including any of the above
- Providing illegal or antisocialistic information, or steering others to websites including such information
- Using the SERVICE as a dating site
- Using the SERVICE for sexual or obscene purposes
- Soliciting or posting religious or political publications
- Soliciting or announcing groups or public assemblies
- Conducting transactions with third parties
- Commercial solicitation, announcements or other such conduct (excluding those recognized by the COMPANY)
- Sending messages to an unspecified number of USERs (excluding those recognized by the COMPANY)
- Sending chain mails
- Using SERVICE defects for unauthorized profit
- Interfering with or entering unauthorized operations into the SERVICE program, servers or network systems
- Any actions which damage or could damage the COMPANY or third parties
- Any actions which infringe or could infringe on COMPANY or third party rights
- Illegal activity or actions which help or could help others commit a crime
- Any actions which violate or could violate public decency
- Any actions which violate or could violate any regulations or illustrative rules
- Any actions which contradict or could contradict responsibilities from the CONTRACT
- Using the SERVICE for purposes not originally intended
- Other actions separately indicated as improper by the COMPANY
XXII. Breaches of Contract
If the COMPANY finds that the USER’s actions are in violation of the CONTRACT, the COMPANY can suspend USER rights regarding the SERVICE, delete data provided over the SERVICE or delete a registered account.
Separate from the provisions in the previous paragraph, the COMPANY can seek reparations from the USER for damages from actions by the USER prohibited in the CONTRACT.
All USER rights granted by the CONTRACT are attributed to the USER only and cannot be assigned, inherited or otherwise transferred to other persons or used as collateral.
XXIV. Limitation of Rights
If the COMPANY deems that SERVICE operations are damaging or could damage the COMPANY, USERs or other third parties, it can temporarily suspend USER rights. The COMPANY will not be held responsible for any damages resulting from such occurrences.
XXV. Exclusion of Liability
Excluding cases attributed to gross negligence on the part of the COMPANY and no negligence by the USER, the COMPANY will not be held responsible for any damage to the USER or third parties stemming from the USER’s use of the SERVICE.
For cases in which the COMPANY is responsible for damages to the USER or third parties stemming from the USER’s use of the SERVICE, the COMPANY will bear up to three (3) months worth of usage fees; the remainder of damages will be borne by the USER.
The COMPANY is not required to make restitutions for any monies the USER has already paid the COMPANY, unless said payment was made with no error from the COMPANY.
The COMPANY is not responsible for managing or saving data posted, created or compiled on the SERVICE by the USER.
XXVI. Third Party Disputess
If a dispute arises in relation to the SERVICE between the USER and a third party, they will work to resolve all responsibilities and burdens unless there are no reasons attributable to the USER.
XXVII. Agreement Revisions
The COMPANY can make revisions to this agreement. If revisions are made, either USERs will be notified or the details of the revision will be made public on the SERVICE website or COMPANY homepage.
If the USER does not agree to a revision made as given in the previous paragraph, the USER is to cancel the CONTRACT in accordance with the article on cancellation within seven (7) days of the day of the revision notification or announcement or the date noted or announced for the revision to take effect, whichever is later.
If the CONTRACT is not cancelled within the period set in the preceding paragraph, the USER and COMPANY will be treated as having established agreement to change over to the revised agreement details based on the first paragraph.
XXVIII. Formulation of Detailed Rules
The COMPANY can formulate and revise detailed rules in relation to the SERVICE (hereinafter collective referred to as “formulation”). Procedures and results for formulation will follow the preceding article on agreement revisions.
XXIX. Governing Law
The CONTRACT will be interpreted and exercised based on Japanese laws and regulations. If the CONTRACT is translated into other languages from the original Japanese and there are any inconsistencies in meaning between the two, the CONTRACT will be interpreted and exercised based on the Japanese original.
XXX. Responsibility to Negotiate
For any items not defined in the CONTRACT or items in which responsibilities are interpreted in the articles herein, the USER and COMPANY must negotiate in good faith in an attempt to reach a resolution in accordance with relevant laws and regulations.
For any disputes between the USER and COMPANY regarding the CONTRACT, the Tottori District Court Yonago branch will have exclusive jurisdiction as the court of first instance.