Terms of Service
The following terms of service (hereinafter “the Terms” are determined between the users of the service (hereinafter “the Users”) and FIL Inc. (hereinafter “the Company”) regarding the conditions for use of all products and services (hereinafter “the Services”), including all websites, software, applications, products and documents, provided by the Company.
Article1. Agreement with the Terms of Service
Users are required to use the Services in accordance with rules of the Terms. Without valid and irrevocable agreement to the Terms, the Users cannot use the Services. In the case where the User is a minor, the User must obtain consent from from a legal representative, such as a parent or guardian, before using the Services. By using the Services, it will be inferred that the User has given valid and irrevocable consent to the Terms.
Article2. Handling of Information
When providing personal information to the Company when using the Services, the User is required to provided real, accurate and complete information. The User is responsible for their password registered for the use of the Services and must ensure it is not misused. All actions carried out using the registered password may be seen as the actions of the User themselves by the Company. The handling of the personal information of the User will be carried out in accordance with the Terms of Service, the Company’s privacy policy and the privacy protection for each service.
Article3. Prohibited Actions
The following actions are forbidden when using the Services. Users must guarantee that they will not carry out the actions listed below. (1) Actions that go against the law, court judgements, decisions or orders, and legally binding administrative measures. (2) Actions that may harm public order or morals. (excessively violent expressions, explicit sexual expressions, images with a high degree of nudity, including underwear, close ups of the breasts or buttocks, images with exposed genitals, with or without mozaics or blurring, regardless of the artistic nature, the posting of images, videos, illustrations or pictures judged to be obscene, the posting of words that correspond to sexual acts or the genitals etc., or other obscene expressions, and the posting, publishing or sending of expressions that may bring discomfort to other users, including anti-social content.) (3) Any actions which infringe the rights (including intellectual property rights, such as copyright, trademarks or patents; libel; privacy; and legal or contract rights) of the Company or third parties. (4) Impersonation of the Company or other third parties or the deliberate circulation of false information. (5) Utilizing the services with the goal of profit-making without the prior consent of the company, actions of which the main purpose may be recognised as seeking relationships with members of the opposite sex, and the use of the Services for purposes different to the planned purpose of use of the Services. (6) Actions that benefit or are cooperative with anti-social forces. (7) Religious activities or recruitment into religious organizations. (8) The collecting, disclosing or providing of information such as third party private information, registration information, or usage history witout consent. (9) Actions which obstruct the operations of the Services by the Company or the use of the Services by the Users. (10) Actions which support or promote any of the actions outlined from (1) to (9) above. (11) Any other actions which the Company deems innapropriate.
Article4. Handling of Content
In the Terms, “content” refers to text, music, images, videos, programs, code or any other information. “The Content” refers to contact that can be accessed through the Services. “Posted Content” refers to content that has been posted, sent, uploaded or other by Users and is stored on the Company’s servers. “Public Posted Content” refers to content that other Users can publicly view or content that can be accessed. Users retain the rights held to all Posted Pontent, including Public Posted Content. The Company does not acquire such rights. However, by using the Services, the User gives consent for the Company to use the Public Posted Content free of charge and indefinitely in any region, and the Company will acquire such rights of use. (Including rights for reproduction, performance, screening, public transmission, public communication, recitation, exhibition, distribution, transfer, loan, translation, adaption, and alteration (where it is considered necessary for the Company’s business purposes), for commercial or non-commercial purposes. Including the right to give consent to third parties for these rights.). In this case, it will be taken that the User has agreed not to exercise author’s personal rights against the Company or third parties specified by the company for the uses outlined above. Users must not use the Content beyond the planned usage situation of the Services (including reproduction, transmission, reprinting and alteration), excluding cases where the User has received prior consent from the Company and right holder of the Content. In cases where it is necessary to confirm the adherence with the law and the Terms, the Company can check the posted content. However, such checks are not the responsibility of the Company. In cases where the company recognises that the Users Posted Content may violate or have violated the law or the Terms, and other cases where there is a business related necessity, without prior notification to the user, the Company can disable the use of the Services or Posted Content, by methods such as deleting the content from the servers it manages. For that reason, it is recommended that users regularly make backups of Posted Content.
Article5. Compensation to the Company
If the Company either directly or indirectly suffers damages, loss or expenses (including legal fees) caused by a User using the Servies in a way that violates the law or the Terms (including cases where the Company receives such types of claims from third parties), the User will be required to pay compensation or reparations immediately.
Article6. Provision, non-guarantee, alteration, suspension of the Services
The necessary personal computer, mobile phone, communications device, operating system, means of communication etc. for using the Services must be provided at the expense and responsibility of the User. The company can limit the provision of the Services to Users who fulfill the requirements deemed necessary by the company for the use of the Services, such as membership registration, age and identity verification. The company can display advertisements from third parties in the Services. The company can change either all or part of the Services, or suspend the provision of the Services without prior notification to the Users, in cases where it has been deemed necessary by the Company. The Company does not guarantee that there are no practical or legal flaws (including but not limited to faults in safety, reliability, accuracy, completeness, validity, the compatibility with specific purposes, security etc., errors and bugs, and infringment of rights) in the Service (including the Content). The Company does not bear an obligation to remove such flaws in providing the Services. However, in the cases that the contract (including the Terms) between the Company and Users for for-profit Services is a consumer contract determined by the Consumer Contract Act, the Company is not exempt from responsibility for recompensation for any damages to Users caused by hidden flaws in the Services. The recompensation for damages will be applied in line with Article 7 Paragraph 2. In the case where a User has been deemed to be using the Services in violation of the Terms, the Company will take measures judged by the Company to be necessary and appropriate. However, the Company does not guarantee to Users and third parties that Users and others will not violate the Terms. In addition, the Company does not bear the obligation to prevent or correct such violations for Users or third parties.
Article7. Exemption of the Company’s Responsibilities
The Company will not accept any responsibility for any damage to Users caused by the Services. However, in the case that the contract (including the Terms) between the Company and the Users for the Services is a consumer contract determined by the Consumer Contracts Act, the exemption provision will not be applied. Even in cases determined by the proviso in the preceding paragraph, out of the damages that occured due to default on debt or illegal activities caused by the Company’s errors, the Company will not accept responsibility for certain damages (including cases where the company or the users foresaw or could have foreseen the occurance of the loss) that occured through special circumstances. In addition, the compensation for damages to Users due to default on debt or illegal activities caused by the company’s errors will be capped at the value outlined below. (1) For damages to the User caused by paid-for Services, the value of the usage fee the Company received from the User for the month that the damages occured. (2) For damages to the User caused by free Services, the value of the line cost the User paid for the month that the damages occured when the User used the Services.
Article8. Withdrawing from membership, suspension of use, etc.
Users registered on the Services are able to cancel their account and withdraw from membership at any time. In those cases, the information about the User held by the Company will processed in line with the Private Information Protection Law and related laws, as well as the Privacy Policy. Based on Article 4 Paragraph 2, the usage rights for Public Posted Content acquired by the Company will continue to be valid after the withdrawal of membership by the User. If the User violates the Terms, or if there is a possibility that the user has violated the Terms, the Company can suspend or revoke the User’s account, without prior notice to the User. Users which log in to the Services via an account provided by another company, please note that it will no be possible to log and use the Services from that account if the account cannot be authenticated by company providing the account, due to the account being deleted etc.
Article9. Notifications and Methods of Communication
Communication and notifications from the Company to the Users regarding the Services will be posted on an appropriate area of the website run by the Company and other methods that the Company deems to be appropriate. Communications and notifications regarding the Services from the User to the Company can be made by filling off and sending off the inquiry form on an appropriate area of the website run by the Company and through other methods specified by the Company.
Article10. Relationship with the Individual Terms of Service)
Regarding the Services, in cases where there are documents (herinafter “Individual Terms of Service”) distributed or published by the company other than the Terms, such as other “Terms of Service”, “Guidelines”, “Policy” etc., Users must follow the Terms in addition to the Individual Terms of Service when using the Services. In the case where there are contradictions between the rules outlined in the Individual Terms of Service and the Terms, for the points which are contradictory, the content of the Individual Terms of Service shall be applied.
Article11. Changes to the Terms etc.
The Company is able to change the Terms and the Individual Terms of Use whenever it deems necessary, without prior notification to the Users. The modified Terms and Individual Terms of Use become valid from the time they are published on the applicable area on the website run by the Company, and by continuing to use the Services, it will be deemed that the User has given their valid and irrevocable consent to the modified Terms and the applied Individual Terms of Service. The Company cannot notifiy all Users individually of the changes, so the Company asks the Users to regularly refer to the latest Terms and applied Individual Terms of Use.
Article12. Applicable Law and Jurisdiction
The applicable law is Japanese law. For any disputes that occur between the Users and the Company related to or caused by the Services, the Tokyo District Court or the Tokyo Summary Court will be exclusive agreement jurisdictional court for the first hearing. The ruling from such jurisdictional courts will be enforceable in the court of any country.
