- This agreement was made in Japanese and translated into English. The Japanese version is the original and the English version is for reference purposes. If there is any conflict or inconsistency between these two texts, the Japanese version shall prevail.
Article 1 (Applications)
- This Agreement shall apply to all relationships related to the use of the Service between the Registered User and the Audience and the Company.
- In addition to this Agreement, we may stipulate various rules (hereinafter referred to as the "Individual Provisions") concerning this Service. These provisions shall apply in conjunction with this Agreement irrespective of their names.
- In the event the provisions of this Agreement conflict with the individual provisions of the preceding article, the individual provisions shall prevail unless otherwise specified in the individual provisions.
Article 2 (Definitions)
The following terms used herein shall have the meanings set forth below, respectively:
- "Registered User" shall mean a person who is registered in accordance with Article 3 of this Agreement to make use of the Service in connection with such events as speeches, lectures, presentations, and other various occasions (hereinafter referred to as "presentations, etc.") whether these events are either self-hosted/operated or the user is presented on the stage.
- "Audience" means a person who disseminates posed data online using the Service in presentations, etc.,.
- "Service Use Agreement" means the service use agreement entered into by and between the Company and the Registered User under this Agreement.
- "Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademarks, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights).
- "Posted Data" means any content (including, but not limited to text, images, videos, and other data) that a Registered User or Audience submits, responds to, or replies to a questionnaire using the Service.
- The "Company’s Website" means a website operated by the Company for the provision of the Service, whose domain is "commentscreen.com" (including any possible modification made on domain or content change of the Company’s Website for any reason).
Article 3 (Use by Registered User)
- Any person who wishes to use the Service as a Registered User (hereinafter referred to as "Applicant") may apply to the Company for registration of use of the Service by agreeing to comply with this Agreement and providing the Company with certain information (hereinafter referred to as "registration matters") in compliance with regulations set by us.
- In accordance with our standards, the Company will decide whether to register applicants who have applied for registration (hereinafter referred to as "Registration Applicants") in accordance with Clause 1 above. A set of ID and passwords is configured upon successful registration and notifies the registration applicant. Registration of a Register Applicant as a Registered User shall be deemed completed upon our notification in this manner.
- Upon completion of the registration stipulated in the preceding clause, a service use contract shall be executed between the Registered User and the Company under the conditions stipulated in this Agreement, and the Registered User shall be able to start using the Service.
- The Company may refuse registration and re-registration in the event the applicant falls under any of the following circumstances. The Company shall not be obliged to disclose any reason for such refusal as well.
- In the event of any false, clerical error or omission in all or any part of the registered matters provided to the Company.
- A person who is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent, etc. of a statutory agent, guardian, curator, or assistant.
- When Applicant is identified as an anti-social force, etc. (namely an organized crime group, a member of an organized crime group, a company affiliated with an organized crime group, a quasi-member of an organized crime group, a corporate racketeer, a fabricated social movement or political activist, a crime group specialized in intellectual crimes, a quasi-organized crime group, or any other person equivalent thereto; the same shall apply hereinafter) or that an anti-social force, etc. is engaged in an exchange or involvement worthy of social criticism, such as cooperation or involvement in the maintenance, operation or management of an anti-social force, etc. through financial assistance or other means.
- A person who is identified by the Company that he/she has violated or is likely to violate a contract with the Company, or is related to such a person.
- In the event it is deemed inappropriate for the Company to permit the use of the Service.
- The user account owned by a Registered User shall be used only by the subject user and may not be transferred or leased to a third party.
- A Registered User may deregister him/herself to cancel the service user agreement at any time during the contract period of the agreement by following our prescribed procedures. However, in the event of cancellation before the expiration date, no refund shall be issued to the usage fee that has already been paid.
- Managing the ID and password of a user account is solely at the discretion and responsibility of each Registered User. The Company shall not be liable for any damages caused by improper use of ID and password by a third party which is not based on the Company’s negligence.
Article 4 (Use by Audience)
Any person who wishes to use the Service as Audience must agree to comply with this Agreement. The Audience shall be deemed to have consented to this Agreement upon accessing the Service and commencing the transmission of the posted data, and hence shall have the authority to use the Service during a presentation, etc. relating to such access(es).
Article 5 (Available Age)
- The age at which this Service is available shall be Thirteen (13) years of age or older for both Registered Users and Audience, but the use of this Service may be limited in some cases for a minor at our discretion.
- The use of the Service by a minor requires the consent of his/her legal guardian. Each Registration Applicant shall be deemed to have obtained the consent of such a legal guardian in applying for registration as set forth in Clause 2 of Article 3 and in using the paid plan (Article 6).
Article 6 (Usage Fee and Payment Method)
- We will prepare multiple fee plans for the Service, including a free-of-charge plan that limits the number of usage times and how to use the Service, a fee-based plan that assumes one-time use only, and a fee-based plan that assumes continuous use, and will separately specify the applicable conditions, etc. Registered Users may choose their own fee plan for the use of the Service.
- Any Registered User who selects a paid plan as set forth in the preceding paragraph shall pay in accordance with the terms and conditions designated by the Company.
- If the Registered User is late in paying the usage fee, the Registered User shall pay the Company a late fee at a rate of 6% per annum (APR).
- A Registered User may change the fee plan according to our prescribed procedures even during the term of the Service User Agreement. In this case, the agreement with the Registered User shall be renewed on the terms and conditions set forth in the revised plan upon the Company’s approval of such a revision of the fee plan. Settlement of the difference arising from the change of the plan shall be executed in accordance with the standards and procedures separately set forth by the Company.
Article 7 (Prohibitions)
Registered Users and Audience may not engage in the following activities when using the Service. In addition, Registered Users shall not suggest or induce any of the following actions to the presenter or Audience of a presentation, etc., and shall call attention not to do these actions, and shall be obliged to suspend the occurrence of any situation that falls under the prohibition during the use of the Service, or to exclude such user(s) from such presentation, etc.
- Acts in violation of laws and regulations or acts related to criminal acts
- Fraud or intimidation against the Company, other users, Audience, or other third parties of the Service
- Acts contrary to public order and morals
- Acts that infringe any intellectual property rights, portrait rights, privacy rights, honors, or other rights or interests of the Company, other users/Audience of the Service, or other third parties.
- To send to or have other users or Audience of the Service be exposed to any information or posted data that falls under, or judged by the Company to fall under the following:
- Information that includes excessively violent or cruel expressions, or content that incites or induces criminal acts, disturbances, riots, or group violence, etc.
- Information, including computer viruses and other malicious computer programs
- Information containing expressions that defame the Company, the other users of the Service, or any other third parties
- Information that includes such information as; excessively obscene expressions or expressions that encourage discrimination, expressions that protect or encourage anti-social acts, or other information that includes expressions that cause discomfort to others
- Information that includes expressions that encourage suicide and self-injurious acts
- Information that includes expressions that facilitate the inappropriate use of drugs
- Information that demands the spread of certain information to third parties such as chain mail
- Information that infringes the intellectual property rights of third parties
- Information containing content that affirms, defends, or encourages the activities of anti-social forces, etc.
- The act of overloading a network or system, etc., of the Service
- Acts which may infringe the Company’s intellectual property rights, such as reverse engineering or other analysis of the software and other systems the Company offers
- Acts that may interfere with the operation of the Service
- Use of the Service by unauthorized means, such as unauthorized access to the Company’s networks or systems, using of security holes, errors, bugs, or misconfigurations, etc. in the systems or software of the Service
- Act of pretending to be a third party
- Use of ID or password of other users of the Service (except as permitted by Article 3(6))
- Use of Service for any unauthorized activities such as advertising, announcements, solicitation, or other sales activities
- Collection of personal information of other users of the Service
- Acts aimed at encountering the opposite gender without acquaintance
- Acts that directly or indirectly induce or facilitate the acts set forth in each of the preceding items
- Attempting the acts set forth in each of the preceding items
- Any other act that we deem inappropriate
Article 8 (Cancellation of Registration, etc.)
- If it is found that a Registered User falls under any of the following reasons, we may, without prior notice or demand, temporarily suspend the use of the Service for such Registered User, delete/hide the relevant posted data, or in conjunction with these measures, cancel the registration of the subject Registered User, in which case, we shall not be liable for any disadvantage incurred to the Registered User:
- In the event of any violation of any of the provisions of Article 5, Clause 5, any of the provisions of Article 7, or any other event of violation of any of the provisions of this Agreement.
- When it is found that there is a falsehood in the registered matters
- In the event the payment for the fee on a selected plan is delayed for more than 30 days
- In the event of suspension of payments or insolvency, or a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings
- In the event the Service is not used for more than 6 months
- If no response to any inquiries or other requests for answers from the Company is received for more than 30 days
- In the event the Company determines that the use of the Service or continuation of registration as a Registered User is not appropriate
- In the event any of the items listed in the preceding articles fall under any of the reasons, the Registered User shall automatically be subject to Acceleration with respect to all debts owed to the Company and immediately pay all the debts to the Company.
Article 9 (Suspension of Provision of Service due to Force Majeure, etc.)
- We may temporarily or permanently suspend the provision of the Service, in whole or in part, without prior notice to the Registered User if we determine that any of the following grounds exist:
- In the event of maintenance, inspection, or updating of the computer system pertaining to the Service
- In the event it becomes difficult to provide the Service due to force majeure such as war, riot, terrorism, earthquake, lightning strike, fire, power failure or act of God
- Case where a computer or communication infrastructure has been interrupted due to an accident
- In the event the Company deems it difficult to provide the Service
- We shall not be liable for any disadvantage or damage suffered by the Registered User or any third party due to the suspension or suspension of the provision of the Service as set forth in the preceding clause.
Article 10 (Disclaimers and Disclaimers of Warranties)
- The Company neither expressly nor implicitly guarantees that the Service will be free from virtual or legal defects (including, without limitation, safety, reliability, accuracy, integrity, effectiveness, fitness for a particular purpose, vulnerability in security, etc., mechanical errors, bugs, or infringements of rights.
- We shall not be responsible for any damages incurred by the Registered User or Audience arising out of the Service. Provided, however, that this exemption shall not apply to the extent that the contract between the Company and Registered Users or Audience (including this Agreement) relating to the Service becomes a consumer contract stipulated in the Consumer Contract Act.
- Even in the case stipulated in the provision of the preceding clause, we shall not be liable for any damage caused to the Registered User or the Audience due to the default or tort caused by our negligence, which arises from special circumstances (including the case where the Company or the user foresee or forsee the occurrence of damage). In addition, compensation for damages incurred by the Registered User or the Audience due to a default or tort caused by our negligence (excluding gross negligence) shall be limited to the amount of the usage fee corresponding to the period during which the Registered User is unable to use the Service.
- We shall not be responsible for any transactions, communications, or disputes arising between Registered Users/Audience and other users/Audience, or other third parties with respect to the Service.
Article 11 (Change of Service Content, etc.)
In addition to the change of the fee plan stipulated in Article 6, Clause 3, the Company may change the contents of the Service or discontinue the provision of the Service in whole or in part without notifying the Registered User, and the Company shall not be liable for any damage caused by the Registered User as a result thereof.
This Agreement is subject to change at our discretion. In principle, the amendment shall take effect when we disclose the amended terms and conditions. However, in the event of any change that is detrimental to the Registered User, they shall be deemed to have agreed to the amendment by clearly indicating the amendment, giving one-month prior notice and publicity in principle, and using the Service after the amendment.
Article 13 (Attribution of Rights)
- All intellectual property rights relating to the Company’s website, the Service and the Applications belong to the Company or its licensees, and Registered Users and Audience are licensed to use such intellectual property rights only to the extent necessary for the use of the Service.
- Registered Users and Audience shall represent and warrant to the Company that they have a lawful right to transmit and use the posted data which they have posted or otherwise transmitted, and that such data does not infringe the rights of any third parties.
Article 14 (Handling of Personal Information, etc.)
- We may not identify a specific individual with respect to the personal information or other information or data provided to the Company by a Registered User or Audience in accordance with the relevant laws and regulations and guidelines established by the relevant government and public offices, or may use such personal information or data in a state that cannot be restored to a state where the individual can be identified, or may publicize such information or provide such information to a third party, and the Registered User and Audience shall not object to such information or data.
Article 15 (Notifications/Communications)
Notifications or communications between a Registered User or Audience and the Company shall be made in the manner prescribed by the Company. If the Company contacts a Registered User, it will notify or contact the Registered User, unless there is a notification of change in accordance with the method separately prescribed by the Company, the Company shall notify or contact the contact information on the assumption that the registered information at the time is valid, and the transmission shall be deemed to have reached the Registered User at the time of such transmission.
Article 16 (Assignment of Status under Service Use Contract, etc.)
- A Registered User or user may not assign, transfer, put up as security or collateral, or otherwise dispose of any rights or obligations under the Agreement to any third party without prior written consent of the Company.
- The Company may transfer the business relating to the Service to another company. In this case, upon transfer of the business, the status under the Term of Use, rights and obligations under this Agreement, registered matters of the Registered User, user information of the Audience, and other customer information will be transferred to the assignee of the business transfer. The Registered User and Audience shall be deemed to have agreed to such transfer in advance. The transfer of business stipulated in this clause shall include not only the ordinary transfer of business, but also any other types transfer of business such as company split.
Article 17 (Governing Law and Jurisdiction)
The interpretation of this Agreement shall be governed by the laws of Japan. Any dispute arising in connection with the Service shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Company’s headquarters.