Article 1 Definitions
As used in these Terms, the following words are defined as follows.
(1) Services: all services provided on the Site. The contents and types of the services may be altered or increased/decreased at any time at the Companies’ sole discretion. Such alterations, etc., will be notified via postings on the Site or via email or other communication means whenever they occur.
(2) Users: all persons who access the Site.
Article 2 Use of Services
These Terms shall apply to all users of the services. Users may only use (“use” includes accessing or perusing the Site; the same applies below) the services on the condition that they agree to these Terms without objection.
Article 3 Scope of these Terms
1 Particular provisions which the Companies stipulate separately by posting on the Site or by other methods, and additional provisions which the Companies notify to users as occasion requires, shall constitute a part of these Terms. Where the particular provisions or additional provisions are at variance with these Terms, they shall override these Terms.
4 The Companies shall bear no liability whatever for any disadvantage or loss that users may suffer in consequence of alterations to these Terms.
Article 4 Provision of Use Environments
1 Users shall provide at their own risk and cost all telecommunication devices, software, internet connections and so forth that are necessary in order to use the services.
2 Users shall carry out such security measures (including but not limited to measures against virus contamination, improper accessing and information leakage) as are appropriate for their own use environments.
Article 5 Title to Rights
The intellectual property rights such as copyright and trademark rights, and all other rights, in the text, images, moving pictures, trademarks and logos and all other information used on the Site are reserved by the Companies or their group companies or the various right holders. Use, duplication or reproduction, etc., of any of those items without permission is prohibited.
Article 6 Links to Third Parties
Links to third party websites (referred to as “third party resources” below) located outside the domain may be provided in the services. All liability pertaining to any information provided at third party resources rests with the third parties concerned. The Companies shall not bear any liability whatever for information of any kind that is provided at third party resources.
Article 7 Advertising
The Companies may handle third party advertising (including but not limited to banner advertisements and sponsorships of individual web pages) in the services. Users shall give their consent concerning use connected with such advertising, and shall not raise any objections thereto.
Article 8 Prohibited Acts
In using the services, users shall not commit any of the following acts:
(1) acts that violate or could violate the Companies’, content providers’, third party resource providers’, other users’ or other third parties’ copyright or other intellectual property rights, portrait rights, publicity rights, reputation rights, privacy rights, or any other kind of rights or property;
(2) acts that result in other people’s private or personal information being posted on or transmitted from or collected at the Site by the Companies without the permission of the holders of such private or personal information;
(3) acts that obstruct or disrupt servers or networks that are used or connected to by the services, and any other acts that hinder the running of the services;
(4) acts that utilize the services for commercial profit or for advertising other companies or for selling goods or for the like purposes.
(5) acts that utilize the services to commit crimes or in other ways to violate the law, and acts that utilize or could utilize the services for electioneering activities or religious activities;
(6) acts that breach these Terms;
(7) acts that are or could be offensive to good order and public morals, and acts that provide information offensive to good order and public morals to other members or third parties; and
(8) any other acts that the Companies may deem inappropriate.
Article 9 Damage Compensation
Should a breach of these Terms or of the provisions of laws or regulations by a user cause damage to the Companies, content providers, third party resource providers, other users or other third parties, such user shall settle any resulting claims or lawsuits at his or her own cost and on his or her own responsibility. Such user shall also agree in advance to indemnify the Companies, content providers, third party resource providers, other users and other third parties (that is, to reimburse such parties for any losses or costs they may incur) in connection with the persons or entities who sustain such damage.
Article 10 Liability Limitation and Disclaimers
1 The Companies shall not be liable for compensation of any damage or loss (including not only direct damage but also special, collateral, indirect and consequential damage) that users or other third parties may sustain for whatever reason as a result of users’ using, or being unable to use, the services. Examples of things for which the Companies shall not bear compensation liability include loss of profits, loss of secret or other information, interruption of business, bodily injury, loss of privacy, failure to adhere to obligations of all kinds including those of good faith and due care, and damage arising from negligence or deliberate action.
2 The services shall be provided “as-is” and the Companies make no warranty of any kind as to the completeness, accuracy, utility, fitness for purpose, or freedom from defect including third party right infringement, of any functions, contents, or information whatever provided through the services.
Article 11 Personal Information
Article 12 Interruption/Suspension of Service Provision
The Companies may interrupt provision of the services without prior notice in the following cases:
(1) where it is unavoidable due to maintenance/construction/management of the Companies’ equipment or for some other operational reason;
(2) where failure of the Companies’ equipment occurs;
(3) where it becomes impossible to provide the services because of a natural disaster or other emergency; or
(4) in any other situation where the Companies deem that interruption of the services is necessary for operational or technical reasons.
(5) When the Companies intend to interrupt or suspend provision of the services under the provisions of the preceding paragraph, they will make an advance notification or public announcement to that effect by posting on the Site or some other method that they deem appropriate. However, this may not be possible in an emergency situation.
(6) The Companies shall not bear any liability whatever regarding any damage that may occur for whatever reason as a result of interruption or suspension of the services.
Article 13 Alteration, Addition and Termination of the Services
The Companies may alter, make additions to or terminate the services in whole or in part at any time without warning.
Also, the Companies shall not bear any liability whatever regarding damage of any kind that may occur in connection with such alteration, addition or termination.
Article 14 Disputes Between Users
1 The Site’s administrators shall bear no liability whatever with regard to any disputes or similar that may arise in the course of interactions between users.
2 Should a user commit an act that violates laws or regulations with respect to another user, the Site’s administrators may, at the request of the injured user, cooperate in investigations by the judicial authorities or other bodies.
Article 15 Governing Law and Agreed Jurisdiction
These Terms and the services shall be governed by Japanese Law (without regard for its conflict of laws provisions), and the agreed upon exclusive court of first instance for all disputes in connection with these Terms and the services shall be the Tokyo District Court or Tokyo Summary Court.
MAVERICK DC GROUP January 20, 2012