These Terms and Conditions of Service (hereinafter, “Terms and Conditions”) set forth the terms for using the website “Top10Japan” (hereinafter, “Service”) operated by Alternative Communications Inc. (hereinafter, “Company”). User hereby consents to the Terms and Conditions and shall use Service in accordance therewith. By using Service, User consents to all provisions set forth herein.
Outsourcing of Service Operational Duties
Company may outsource operational duties of Service, in whole or in part, to third parties. Company may also defer the handling of User’s information set forth in the following provisions to such third party contractors within the scope necessary for the accomplishment of the outsources duties, and User hereby consents in advance.
Handling of Confidential Information
- Company may automatically retrieve information including, but not limited to, the user’s IP address, cookie data, and information on User’s operating environment from User’s browser and store such information on a server. Such information shall be used to gauge access patterns and improve all products and services otherwise provided by Company. Information modified to a state in which no individual person can be identified therefrom may, in addition, be provided to third parties as statistical data.
User shall abide by the Terms and Conditions, as well as laws and regulations, when using Service and shall not use Service or content acquired through Service to engage in such acts as those set forth below. Company may suspend partial use of Service by User or terminate the User Agreement by stopping Service entirely without notification or warning if User behavior constitutes any of the following acts:
- using Service or content(s) obtained through Service for profit, or causing a third party to engage in such acts,
- violation of privacy, copyrights, rights to one’s likeness, rights to protect one’s good name, and/or other legal rights,
- penal criminal acts, illegal civil acts, and/or acts that violate other applicable laws and regulations including domestic law and international treaties,
- posting images that constitute indecency, child pornography, or child abuse,
- acts that may glamorize, induce, and/or promote acts of suicide, self-harm, or abuse of narcotic substances,
- posting images or other material that slanders or defames others,
- using expressions that may lead to discrimination on the basis of race, ethnicity, gender, age, belief, or otherwise,
- acts that interfere with operation of Service or the use and/or enjoyment of Service by other users,
- impersonation of other users, third parties, etc.,
- acts with reasonable cause which Company deems to have a risk of amounting to any of the acts set forth in the foregoing provisions, and
- any other acts that Company deems inappropriate with reasonable cause.
In these Terms and Conditions, “Content” shall refer to any written text, music, video, program, code, and other data; “Posted Content” shall refer to any content saved on servers administered by Company and posted, sent, or uploaded by users to Service.
Content posted to Service shall be subject to the provisions set forth below. Any violation of the following provisions shall be null and void.
- Material of Posted Content shall not fall within any item set forth in the provisions of the — Prohibitions — of these Terms & Conditions.
- Users shall check, at their own liability, copyrights of third parties or other right holders and acquire the permission thereof in order to avoid infringing on third-party copyrights or other third-party rights in Posted Content.
* Company shall be entitled to delete Posted Content, in whole or in part, subject to the Provider Liability Limitation Law, in the event that Posted Content falls within any of the following provisions:
- when Posted Content does not originate from the user him or herself, or when Company deems there to be a risk thereof,
- when Posted Content includes an expression of views indicated by public agencies or specialists (which shall refer to the national government, local communities, and trusted certified groups, lawyers, etc., as set forth in the guidelines of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Identification Information of Senders), as being illegal, contrary to the public order and morals, or in violation of the rights of a third party, or
- when there is a declaration from a third party claiming to be the rightful owner of Posted Content stating that a post or submission is in violation of his or her rights, and when documents are presented that enable Company to deem the third party in question as the legitimate right holder.
* Copyrights and other industrial property rights on Posted Content belong to User that made the post or submission in question, and by posting, User grants Company the exclusive right to use (including the duplication, publishing, transmission, distribution, transfer, loan, translation, and adaptation of) the content in question around the world free of charge, and User consents not to exercise their moral right as author against Company.
* User shall be deemed to have granted license to other users to download and view Posted Content within the scope of these Terms and Conditions, as well as utilize Posted Content in personal residences for private and non-commercial use.
User shall use Service and all types of content provided by Service at User’s own responsibility and shall bear any and all liability for all actions made using Service as well as the consequences thereof. All liability in connection with content posted by User via Service belong to User. Company shall bear no liability whatsoever for the content of information from images, etc., posted by User through Service.
In the event that User defames or libels, violates privacy rights, discloses confidential information of a third party without license, violates copyright law, or otherwise infringes on the rights of another, User must resolve the issue at User’s own responsibility and cost, and Company shall bear no liability whatsoever.
Service is offered as is at the point of use by User, and Company shall bear no obligation to make any warranties in connection to Service (including, but not limited to, implied warranties on Service features, completeness of security measures on Service, completeness, accuracy, and utility of information provided on Service, and fitness for a particular purpose).
* Within the scope of the items set out below, Company shall bear no liability whatsoever even if it had been made aware of the possibility of such damage in advance.
- Loss (including damages originating from third party claims) incurred by User as the result of interruption, delay, suspension, or termination of Service,
- Loss (including damages originating from third party claims) incurred by User as the result of the use of information, etc., acquired through Service,
- Loss incurred by User as the result of unauthorized use of User’s authentication data by a third party,
- Loss incurred as the result of contractual violations, unlawful conduct, loss of use opportunities, interruption of work duties, and all kinds of indirect damages, special damages, or other derivative damages (including lost profits)
- Loss incurred as the result of a violation of rights (including copyrights, the right to one’s likeness, the right to protect one’s good name, and other legal rights) in User’s Posted Content.
* Company shall have no obligation to confidentiality within the scope of the situations set forth as follows:
- when User consents to the provision of information
- when a disclosure order under the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification is received from a court of law, or when an official inquiry is received from a public institution, such as the police, on the basis of a law setting forth investigatory powers for criminal proceedings, etc.,
- when Company deems it necessary for the protection of human life, physical wellbeing, or property, or
- when the need otherwise arises for the proper operation of Service
Amendments to Terms and Conditions of Service
- Company shall be entitled to change the Terms and Conditions at any time for voluntary reasons and at its own discretion.
- Unless otherwise provided for by Company, the Terms and Conditions of Service following any changes shall enter into full force and effect from the time such changes are indicated therein, and User shall be deemed to have consented to the Terms and Conditions following the change(s) by using Service after the changes to these Terms and Conditions of Service have entered into effect.
- Even in the event that part of the provisions of these Terms and Conditions are judged to be null and void under the law, the provisions aside from the part in question shall continue to hold effect.
Termination of Service
Notwithstanding the reason, Company shall be entitled to terminate Service, in whole or in part, by giving User a certain probationary period.
Governing Law and Court of Jurisdiction
These Terms of Service shall be governed by and interpreted under the laws of Japan. In the event that a dispute arises between Company and User, the Tokyo District Court shall be the agreed court of exclusive jurisdiction for the first judgment. Prevailing rulings handed down at the court of jurisdiction shall also be enforceable at courts in any country.