The following terms of service (hereinafter “the Terms”) are determined between the users of the service (hereinafter “Users”) and D2C X 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.
Article 1 (Agreement with the Terms of Service)
Users are required to use the Services in accordance with the Terms. Without valid and irrevocable agreement to the Terms, Users may not use the Services. In the case of the User being a minor, the User must obtain consent 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.
Article 2 (Handling of Information)
Article 3 (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, orders, and/or 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 genitalia, with or without mosaics and/or blurring and 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 on 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 making profit without prior consent from 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 from their intended purpose.
(6) Actions that benefit or are cooperative with anti-social forces.
(7) Religious activities or recruitment into religious organizations.
(8) The collection, disclosure, or provision of information without consent such as third-party private information, registration information, or usage history.
(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 inappropriate.
Article 4 (Handling of Content)
In the Terms, “Content” refers to text, music, images, videos, programs, code, or any other information that can be accessed through the Services. “Posted Content” refers to content that has been posted, sent, uploaded, etc. 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 Content, 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 regarding the reproduction, performance, screening, public transmission, public communication, recitation, exhibition, distribution, transfer, loan, translation, adaption, and alteration (when it is considered necessary for the Company’s business purposes)). In this case, it will be taken that the User has agreed not to exercise personal author 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 terms of usage of the Services (including reproduction, transmission, reprinting, and alteration), excluding cases where the User has received prior consent from the Company and the rightful 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 recognizes that the User’s Posted Content may violate or have violated the law or the Terms, and in other cases where there is a business-related necessity, the Company may disable the use of the Services or Posted Content through methods such as deleting the Content from the managing servers without prior notification to the User. Therefore, it is recommended that Users regularly make back-ups of Posted Content.
Article 5 (Compensation to the Company)
If the Company suffers damages, either directly or indirectly, in terms of loss or expenses (including legal fees) caused by a User using the Services 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.
Article 6 (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 parts 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 infringement of rights) in the Services (including the Content). The Company does not bear an obligation to remove such flaws in providing the Services. However, in 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 compensation for any damages to Users caused by hidden flaws in the Services. The compensation for damages will be applied in accordance with Article 7 Paragraph 2. In the event that 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.
Article 7 (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 provision in the preceding paragraph, out of the damages that occurred 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 occurrence of the loss) that occurred 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 occurred.
(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 occurred when the User used the Services.
Article 8 (Relationship with the Individual Terms of Service)
Regarding the Services, in cases where there are documents (hereinafter “Individual Terms of Service”) other than the Terms that are distributed or published by the Company, such as other “Terms of Service,” “Guidelines,” “Policy,” etc., Users must follow the Individual Terms of Service in addition to the Terms when using the Services. In the case of contradictions between the rules outlined in the Individual Terms of Service and the Terms, the content of the Individual Terms of Service shall be applied to the points which are contradictory.
Article 9 (Changes to the Terms, Etc.)
Article 10 (Applicable Law and Jurisdiction)
The applicable law is Japanese law. For any disputes that occur between the Users and the Company that are related to or caused by the Services, the Tokyo District Court or the Tokyo Summary Court will be the exclusive jurisdictional court for the first hearing. The ruling from such jurisdictional courts will be enforceable in the court of any country.