Terms of Use (The article 20 includes Handling the Personal Information.)

  1. Article 1 (Purpose)

    These terms of use shall define the conditions when a Member (as defined in Article 2) uses the service titled “CocoPPa” provided by United, Inc.

  2. Article 2 (Definitions)

    Definitions of terms used in these terms of use are the following:
    (1) “the Company” shall mean United, Inc. or a company designated by United, Inc. to succeed to the Service.
    (2) “this Service” shall mean all the services provided by “CocoPPa” which Company operates.
    (3) “Member” shall mean a person or non-individual who acknowledges these terms of use and applies to use this Service and is approved by the Company in accordance with the procedures that the Company designates.
    (4) “Posted Information” shall mean information such as documents, images and data, etc. which Members post to this Service.
    (5) ”Company-provided Information” shall mean the information such as documents, images and data, etc. which the Company posts to this Service.
    (6) ”Points” shall mean the points issued with or without consideration by which the Members can obtain the license to use the Company-provided Information provided by the Company for consideration.
    (7) ”Monthly Dues Member” shall mean the Member who pays the monthly dues designated by the Company and posted through this Service and receives the Points on the conditions designated by the Company or the services the Company specially offers to such Member.

  3. Article 3 (Scope of Application)

    When the Company provides this Service, notices or announcements, etc. of the conditions of use or the precautions, etc. to the Members shall also constitute a part of the terms of use, and if the contents of such notices or announcements, etc. are different from the provisions of these terms of use, such notices or announcements shall prevail.

  4. Article 4 (Amendments to the Terms of Use)

    1. The Company shall be entitled to amend these terms of use when necessary. The amended terms of use shall be deemed to have been accepted by the Members one week after the announcement of such amendment on this Service or by notices or announcements the Company considers appropriate and the terms of use for the Members shall be deemed to have been effectively amended unless the Members delete their registration of membership.
    2. The Company may assign its status in the terms of use of this Service to a company which succeeds to the business of this Service in the future. In case of the assignment process of the status of the Company, the former Section shall apply mutatis mutandis.

  5. Article 5 (Terms of Use)

    1. In this Service, the Company or Members can post icon images, wallpaper images and capture data of home display and other Members can use the materials by making comments on and downloading, etc. in the social networking service. Non-Members are also able to review icon images, wallpaper images and capture data of home display.
    2. Any person or non-individual who wants to become a Member shall agree to the terms of use and apply for a membership registration in accordance with the procedures designated by the Company.
    3.The Company will determine whether to accept the application for registration after conducting necessary procedures; provided, however, the Company can decline the application for registration and shall not bear any obligation to disclose to an applicant the reasons for declining.
    4.In case the Company approves the application according to the former Section, the applicant for registration becomes a Member and a contract containing the terms of use shall be executed between the Member and the Company. Even after the Company’s approval, in case the Company determines that a person or non-individual is inappropriate to use this Service, the Company can cancel the approval. The Company shall not bear any obligation to disclose the reasons for not granting or canceling the approval.
    5.Persons under 13 years of age are prohibited to use this Service.

  6. Article 6 (Notification of Change)

    1. Members shall be responsible to keep the registered information to the Company accurate and up-to-date. In case there is a change in the registered information, Members shall quickly notify such change to the Company in a manner separately designated by the Company.
    2.The Company assumes no responsibility if Members fail to provide notification as prescribed in the preceding Section and suffer from disadvantages such as an inability to use this Service.

  7. Article 7 (Loss and Cancellation of Membership)

    1. If a Member falls under any of the items below, the Company can immediately stop the use of all or part of this Service or terminate the provision of this Service without prior notice and can cancel the eligibility of Membership and the Member will lose the eligibility to use this Service. In addition, the Company does not assume any obligation to disclose the reason of cancelation to those whose eligibility to use this Service was canceled.
    (1) When the Company determines that a Member conducted acts prescribed in each Item of the Section 1 of Article 17 or those that may fall into the categories of those acts.
    (2) When there is an error in the content of application or registered information.
    (3) When the same person or non-individual has duplicate membership registrations; provided, however, the Company may allow the same person or non-individual to hold multiple accounts when required under the activities in this Service such as differentiation by name or product and to the extent that such use is not contrary to the terms of use.
    (4) When a Member pretends to be another person or non-individual.
    (5) When a person falls in the category of an adult ward, a person under curatorship or a person under assistance, and has not obtained such consent from guardian of adult, curator or assistant (including the case where the decision of the commencement of guardianship was rendered).
    (6) If the Company deems that a Member breached or threatened to breach this Agreement.
    (7) If a Member does not access this Service for more than a year.
    (8) Otherwise, if the Company deems that a Member is ineligible as a Member or deems that it is difficult to maintain the person or non-individual as its Member.
    2. If usage eligibilities are lost due to any of the items in the preceding Section, the said Member shall lose the right to receive all the services provided through this Service. If the said Member has made a re-registration application, the Company may not accept the said application.
    3. The Company can delete or modify all or part of the Posted Information and the Points of the Member who has lost eligibility. In addition, the Company does not assume any obligation to disclose the reasons of deletion or modification to those whose Posted Information or Points was modified or deleted in whole or part by the Company.

  8. Article 8 (Withdrawal)

    1. When a Member wants to withdraw, such Member needs to undertake the procedures designated by the Company.
    2. Article 7, Sections 2 and 3 shall also apply when a Member withdraws according to this Article.

  9. Article 9 (Email Address and Password Management)

    1. Member shall bear responsibility for administering the email address, user name and password which Member registered in the membership registration application.
    2. Member shall bear all responsibility for inadequate management of email address, user name, and password, misuse and use by third parties and the Company shall not bear any responsibility.
    3. Activities accompanying the use of the e-mail address, user name and password in this Service, including acts and use by third parties other than the Member itself, are deemed to be done by such Member and such Member shall bear all the obligations and responsibilities arising from such use and acts.
    4. If a Member’s password and e-mail address is stolen, forgotten or used by third parties, such Member shall immediately contact the Company for instructions and such Member shall follow the instructions by the Company.
    5. Members shall, by themselves, preserve the data such as images and text, etc. which they create by taking appropriate methods such as backing up, etc. and the Company shall not provide any guarantees for the preservation of such data.

  10. Article 10 (Use of this Service)

    1. Members can use the following services that the Company offers.
    (1) Posting Service
    The Company or Members can post icons or images such as wallpaper, etc. and other Members can use by posting their comments, evaluating, and downloading.
    Users can add icon shortcut functions for the installed applications, telephone numbers, each setting page, etc. Shortcut means the icons which have no actual file other than the reference to the other files.
    (2) SNS Service
    Members can personally communicate with other Members through this Service.
    (3) Other additional services the Company offers
    2. In the posting services prescribed in the Section 1 of this Article, the icons which can be created are the shortcuts to the functions which Members have downloaded or originally loaded to the terminals as basic functions. If the application or original function itself is deleted, the shortcuts will not work. The Company will not bear any liability for any damages arising from the deletion of the application itself and original function itself.

  11. Article 11 (Posted Information and Company-provided Information)

    1. A Member shall represent and warrant that it holds the lawful and effective right to use the Posted Information by holding the copyrights and any other rights or has obtained licenses from third parties which allow the sub-license to other persons and that such Member holds the right to lawfully and non-exclusively license to a third party, other than such Member, the right to reproduce, publicly transmit, distribute, transfer, rent, translate, adapt, modify and use in any ways (including the right to sublicense from such third party to the other third party) and that the Posted Information shall not infringe upon the rights of third parties.
    2. Members are deemed to have granted the Company, without consideration, the non-exclusive license to reproduce, publicly transmit, distribute, transfer, rent, translate, adapt, modify and use in any ways (including the Company’s rights to sublicense to third parties) the Posted Information. Members shall not exercise any moral rights of the author to the Posted Information. Members shall not file any claim against the exercise of the Company’s corresponding rights and shall not seek any monetary payment against the Company.
    3. Notwithstanding Section 1 of this Article, in case that a Member slanders any third party's reputation or violates any third party's copyright, privacy, image right or any other rights in connection with the Posted Information and accordingly any disputes arise between the said Member and other Members or any third party, said Member shall at its own responsibility and expense settle such disputes. The Company shall not bear any responsibility for any of the preceding matters.
    4. Where the Company deems that an act to post the Posted Information falls under any of the following cases, the Company may amend, delete or stop the posting of all or a part of the Posted Information without obtaining the approval of the Member who posted the Posted Information. The Company shall not bear any responsibilities for the damages arising from the above acts of the Company. The Company shall not bear any obligation to disclose the reasons why the Company amended, deleted or stopped the posting of all or a part of the posted information to the Member who posted the Posted Information.
    (1) Posting false information.
    (2) Abusing a particular person, shop or entity.
    (3) Acts deemed to fall under the each Item of the Section 1 of the Article 17 (1).
    (4) Conducting any other acts which the Company deems inappropriate or necessary to stop posting.
    5. The Company shall not guarantee the completeness, accuracy, lawfulness, adequateness for the purpose and novelty, etc. for any advertisements to be displayed and shall not bear any liability thereto. Members shall be solely responsible for its viewing of any sites linked with the posted advertisement or using the advertised applications.
    6. The Company shall not guarantee nor be held liable for the completeness, accuracy, lawfulness, adequateness for the purpose, novelty or non-infringement, etc. of the Posted Information or the Company-provided Information.

  12. Article 12 (Intellectual Property Rights, etc.)

    1. Copyrights and other rights of Posted Information, Company-provided Information and any other information which is provided to the Members in this Service shall belong to the Company or the third party who owns such rights.
    2. Notwithstanding the situations where phrases such as “Purchase” and the like appear in this Service, the Company shall not transfer the intellectual property rights and any other right concerning the Posted Information and the Company-provided Information to Members and the Company grants the Members rights only within the scope of the Company designated, non-transferrable, non-re-licensable and non-exclusive license solely for the purpose of using this Service.
    3. Members are prohibited to use (including copy, modify, transmit, reproduce, etc.) the Posted Information and Company-provided Information beyond the scope of the manner designated by the Company.
    4. When Members post copyrighted work, etc. they created through this Service, Members shall grant the Company and other users the license to use such works through this Service without consideration and the Company may use same without consideration for the purpose of the advertisement, etc. For the use of works in a manner as set forth herein, the Member shall not exercise the moral rights of the author.
    5. Except for the copyrighted works created by the Member itself, Members are prohibited to post any copyrighted works posted in this Service to any other websites without obtaining the author's consent.
    6. If any problem, such as infringement of any third party's intellectual property rights, occurs in connection with Provided Information which was made by the Member, the Member shall at its own cost and responsibility resolve such problem.
    7. If any problem arises as a result of a breach of any provisions of this Article, the Member shall at its own cost and responsibility resolve such problem and hold Company harmless from any troubles or damages.

  13. Article 13 (Sales of the Company-provided Information)

    1. The Company may sell some of the Company-provided Information for consideration to Members.
    2. Members can obtain the license of the Company-provided Information (“Paid Company-provided Information”) by paying the price the Company separately designates and announces in this Service by the payment methods the Company designates.
    3. The Members who obtain the Paid Company-provided Information shall not pass, transfer, or lend it to other Members or post to other similar services such Paid Company-provided Information.

  14. Article14 (Points)

    1. Points are granted to the Members who make a “Purchase” in this Service or in other ways the Company designates. The Company shall separately designate and announce in this Service the units, payment methods and the other conditions for granting the Points.
    2. Points shall be exchanged for the Paid Company-provided Information and other contents or services the Company designates and cannot be exchanged or used for any other content, services, cash or any other benefits. The Company shall separately designate and announce in this Service the number of Points required for receiving the Paid Company-provided Information and other conditions to use the Points.
    3. The Company will not convert into cash or reissue the Points for any reasons. The Company will not refund the Points for any reasons other than when obliged by the laws and regulations or when the Company agrees to a special permission.
    4. When the Company terminates or interrupts this Service according to Article 18 or when the membership is lost or canceled according to Article 7, the remaining Points shall terminate after the announcement period prescribed in Article 18, Section 3. In addition, the Members cannot additionally purchase the Points in the announcement period.
    5. Members shall not pass, transfer or lend to other Members except in special cases prescribed by the Company.
    6. The Members who obtain the Paid Company-provided Information by exchanging with the Points shall not pass, transfer, lend to other Members or post to other similar services such Paid Company-provided Information.

  15. Article 15 (Monthly Dues Member)

    1. A Member who wants to become a Monthly Dues Member shall make application for the registration as Monthly Dues Member in accordance with the procedures designated by the Company. Sections 3 and 4 of Article 5 shall apply to the application for the registration as Monthly Dues Member mutatis mutandis.
    2. When a Member withdraws only the registration as Monthly Dues Member, such Member shall follow the proceedings the Company designates. Sections 2 and 3 of Article 7 shall apply to the withdrawal of only the Monthly Dues Member mutatis mutandis.
    3. Monthly Dues Member shall pay monthly dues the Company designates and announces in this Service by the payment methods the Company designates as the consideration for the service as Monthly Dues Member.
    4. Monthly dues are charged monthly to the Monthly Dues Members between the month the date the registration of the Monthly Dues Member finished belongs to and the month the termination date of registration as Monthly Dues Member belongs. Even when such dates fall in the middle of the month, the full amount of the monthly dues of such month shall be charged to the Monthly Dues Member.
    5. Monthly Dues Members who obtain the Paid Company-provided Information and other Company-provided Information from the services to the Monthly Dues Members shall not pass, transfer, lend to other Members such information or post it to other similar services.

  16. Article 16 (Charges)

    1. Members shall pay the charges the Company separately designates and announces in this Service by the payment methods the Company designates as the consideration for the using of the Paid Company-provided Information, obtaining the Points with consideration or receiving services as a Monthly Dues Member. However, when the Company provides special permission, Members can pay the charges by Points corresponding to the charges.
    2. The Company will not return the charges for any reasons except when a return of the charges is obligated by the laws and regulations.
    3. Minors are necessary to obtain the prior consent from parents, attorneys for minors, etc.

  17. Article 17 (Prohibitions)

    1. Members shall not do the following acts when using this Service:
    (1) Acts which fall under the provisions of the each Item of the Section 1 of the Article 7.
    (2) Acts infringing or threatening to infringe any third party's or the Company’s intellectual property rights, including copyrights and trademark rights, image rights, publicity rights and other rights.
    (3) Acts which the Company deems to be violating or threatened to violate other Member's, any third party's or the Company’s property or privacy.
    (4) Acts which the Company deems to be impairing or threatening to impair or damage to other Members, any third parties or the Company.
    (5) Acts abusing, slandering or damaging the credit of, or threatening to abuse, slander or damage the credit of other Members, or any third parties or the Company.
    (6) Acts which are not approved by the Company and are aimed for gaining profits or preparing to gain profits by using this Service.
    (7) Acts deemed by the Company to be or threatened to be offensive to public order and morals such as posting pornographic copyrighted works, etc.
    (8) Acts transmitting or enabling to transmit a malicious computer virus or programs.
    (9) Acts which will or may result in or which the Company deems to be threatened to result in criminal action.
    (10) Pretending to be a third party to use this Service.
    (11) Acts to register, file or publish false information.
    (12) Double registration of memberships by a single person. Notwithstanding the foregoing, cases especially permitted under Article 7 are excluded.
    (13) Acts to hinder the management of this Service.
    (14) Defaming the Company or this Service.
    (15) Acts deemed by the Company to be violating or threatened to violate laws or regulations.
    (16) Acts based on business or commercial use purpose without the Company’s permission.
    (17) The use of this Service by companies, organizations or other non-individual entities without the Company’s permission.
    (18) Other acts deemed by the Company to be inappropriate.
    2. Members cannot dispose of all or a part of the rights of themselves as Members by means of, without limitation, assignment, sale, lease, or securitization to any third parties.
    3. If any problems arise due to any of the acts as set forth in the preceding two Sections of this Article, Member shall at its own expense and responsibility resolve such problem and shall hold the Company harmless from any trouble or damage.

  18. Article 18 (Alteration, Interruption or Termination of This Service)

    1. The Company is entitled to alter, add, terminate, or assign to any third party all or a part of the operation of this Service without giving prior notice to the Members.
    Provided that, if the Company terminates this Service entirely, the Company will give prior notice to the Members of such termination by means which the Company deems appropriate.
    2. The Company may interrupt or terminate all or a part of the operation of this Service at its discretion, if any of the following occurs:
    (1) Natural disaster, coup or similar emergency occurs or is threatened to occur;
    (2) When system maintenance for this Service is periodically or urgently conducted;
    (3) When any obstacles occur in the electronic communication system installed by the Company;
    (4) When the Company deems it necessary, for example, when other inevitable incidents occur.
    3. When the Company interrupts or terminates all or a part of the operation of this Service due to any of the reasons as set forth in the preceding Section, the Company will give prior notice to the Members in a way the Company deems appropriate, including by means of this Website; provided, however, in case of emergency, the Company need not give such prior notice.
    4. Irrespective of any reasons, the Company shall not bear any responsibilities for any damage to any third parties due to alteration, interruption or termination of all or a part of the operation of this Service.

  19. Article 19 (Installations)

    1. If any failure occurs to any of the Company’s installations or this Service, or it becomes known to the Company that such installations have been lost or damaged, the Company shall strive to promptly repair or recover such installations. In such a case, even if it causes any damage to Members or third parties, the Company shall not bear any responsibilities.
    2. Each Member shall at its own expense and responsibility make this Service available by setting necessary communication devices, software or other devices necessary for connecting and arranging, setting and operating a connecting environment and other necessary items.
    3. If a Member finds any error in installments or in this Service during the use of this Service and requests Company to repair or restore for such error, Member should check if there is any error in its installations beforehand.

  20. Article 20 ( Handling of personal information)

    1. The Company will use personal information provided from Members for the purposes of the following.
    (1) For various information distribution by e-mail (information about the Company’s service, e-mail magazines, etc.).
    (2) For inquiry and correspondence to this Service.
    (3) For expansion and improvement of this Service and the Company’s service, and research and analysis for a new service.
    (4) Others, utilization purpose with Member's agreement.
    2. The Company will not disclose or supply personal information to a third party without consent from the Members; provided, however, the Company will disclose within the necessary scope when requests are made based on the laws and regulations such as the Personal Information Protection Law or when requests come from public institutions, such as the courts or police.
    3. It is the sole discretion of the Members whether or not to provide personal information to the Company; provided, however, in the event that the personal information the Company requests is not offered or the personal information given is inadequate, the Company may be unable to provide enough services to meet the purpose for acquiring personal information.
    4. The Company will cope with notifications for the purpose of use, disclosures, revisions, additions, deletions, suspensions of use or demands for the suspension of disclosure to a third-party (collectively referred to as “Disclosures”) of personal information provided by Members.
    5. The Company will create statistics based on registration information submitted by Members in the form that does not reveal an individual's specifics and will freely use any applicable data. This information is to be processed statistically and used to control the information displayed on each of the Company’s service pages, as well as to improve the user-friendliness of the Company’s services.
    6. There are times when cookies are used in the Company’s services. They will be used as information of the Company’s service to match a Member's interests and preferences and as statistical marketing information for the customization of services. Please note that the personal information is not included within cookies. The Company may publish WEB advertisement network cookies in order to send information more suitable to the Member. These are to be used in order to segment the action history and will not be used to associate with the acquisition of personal information and registration information.
    7. The Company’s service will acquire the package name of applications members have installed. This will be acquired in order to display in a summary of shortcut links and set up as a shortcut link from an icon. Furthermore, the acquired summary will not be preserved in association with the Member's registration information.
    8. Module for collecting information
    In order to provide this Service without consideration, the advertising companies listed below will automatically obtain the information of the Member for the purpose of distributing the advertisements. Please refer to the information of the each company for the information collected, purpose and the provision to third parties.
    --------------------
    a. Name of service: adcrops
    Supplier: K.K. 8crops
    Type of the information to obtain: Unique ID(UUID) created in SDK
    Purpose: To check advertisement effectiveness
    Disclosure to third parties: N/A
    http://8crops.com/privacy/policy1.html
    --------------------
    b. Name of service: AdMob
    Supplier: Google
    Type of the information to obtain: Based on the policy of the access to UUID and corresponding to activities targeting advertisement by IDFA
    Purpose: Market targeting
    Disclosure to third parties: N/A
    http://jp.admob.com/home/privacy?_cd=1
    --------------------
    c. Name of service: nend
    Supplier: K.K. Fan Communications
    Type of the information to obtain: UIID, IDFA, Information of devices (galaxy, etc.)
    Purpose: Confirmation of the effect of advertisement, information of devices (galaxy, etc.)
    Disclosure to third parties: N/A
    http://www.fancs.com/privacypolicy
    --------------------
    d. Name of service: mMedia
    Supplier: Millennial Media
    Type of the information to obtain: Unique ID(UUID) created in SDK
    Purpose: To check advertisement effectiveness
    Disclosure to third parties: N/A
    http://www.millennialmedia.com/privacy-policy/
    --------------------
    e. Name of service: Ad-stir
    Supplier: United, Inc.
    Type of the information to obtain: Creation of [Android]UIID [iOS]IDFA
    Purpose: User targeting concerning advertisement
    Disclosure to third parties: Yes (To each DSP)
    https://ja.ad-stir.com/privacy.html
    --------------------
    f. Name of service: INMOBI AD NETWORK
    Supplier: InMobi Pte Ltd
    Type of the information to obtain: Unique ID(UUID) created in SDK, telecommunications company name
    Purpose: To check advertisement effectiveness
    Disclosure to third parties: N/A
    http://japan.inmobi.com/terms/privacy-policy/
    --------------------
    g. Name of service: AMoAd
    Supplier: K.K. AMoAd
    Type of the information to obtain: HTTP Cookies, IP address, environmental variable of browser, IDFA(iOS)
    Purpose: Targeting(Including retargeting), Control of advertisement display, Measurement of the effect of advertisement
    Disclosure to third parties: N/A
    http://www.amoad.com/privacy/
    http://www.amoad.com/guideline/
    --------------------
    h. Name of service: Gunosy Ads
    Supplier: Gunosy
    Type of the information to obtain: Unique ID(UUID) created in SDK
    Purpose: To check advertisement effectiveness
    Disclosure to third parties: N/A
    http://gunosy.co.jp/privacypolicy/
    --------------------
    i. Name of service: Exchanger
    Supplier: Metaps
    Type of the information to obtain: Unique ID(UUID) created in SDK
    Purpose: To check advertisement effectiveness
    Disclosure to third parties: N/A
    https://exchanger.metaps.com/privacy_policy
    --------------------
    j. Name of service: i-mobile
    Supplier: iMobile Inc.
    Type of the information to obtain: Unique ID(UUID) created in SDK, location
    Purpose: To check advertisement effectiveness
    Disclosure to third parties: N/A
    https://exchanger.metaps.com/privacy_policy
    --------------------
    k. Name of service: mopub
    Supplier: MoPub Inc.
    Type of the information to obtain: Unique ID(UUID) created in SDK, location, telecommunications company name
    Purpose: To check advertisement effectiveness
    Disclosure to third parties: N/A
    http://www.mopub.com/legal/privacy/
    --------------------
    l. Name of service: AppLovin
    Supplier: AppLovin Corporation
    Type of the information to obtain: Unique ID(UUID) created in SDK
    Purpose: Market targeting
    Disclosure to third parties: N/A
    https://www.applovin.com/privacy/
    --------------------
    m. Name of service: Crashlytics
    Supplier: Crashlytics
    Type of the information to obtain: Unique ID(UUID) created in SDK
    Purpose: Correction of crash reports
    Disclosure to third parties: N/A
    http://try.crashlytics.com/terms
    ---------------------
    n. Name of service: Analytics
    Supplier: Google
    Type of the information to obtain: HTTP Cookies, IP address, environmental variable of browser, Unique ID(UUID) created in SDK
    Purpose: Collection of information about service usage
    Disclosure to third parties: N/A
    http://www.google.com/intl/ja/policies/privacy/
    --------------------
    9. If there are any questions or complaints about the handling of personal information please contact the following.

    United Inc.
    MFPR Shibuya Bldg., 1-2-5, Shibuya, Shibuya-ku, Tokyo, 150-0002
    Contact: privacy@united.jp
    Chief Privacy Officer: Environment promotion department Manager
    http://united.jp/

  21. Article 21 (Disclaimers)

    1. The Company shall not assure nor be responsible for the completeness, accuracy, legality, adequateness for a particular purpose, novelty or non-infringement of third party’s rights of any and all information provided by means of the content of this Service or by means of this Service itself.
    2. The Company cannot assure safe storage of all the information and data, etc. provided by the Company through this Service or of all the information and data, etc. which are posted by the Members. The Company shall not bear any liabilities if such information or data, etc. are lost.
    3. The Company shall not bear any liabilities for the delay, alteration, interruption or abolition of this Service, or loss or leak of information registered or provided through this Service, and also shall not bear any liabilities for any damage caused to any Member or third party in connection with this Service.
    4. If a Member damages another Member or third party in connection with the use of this Service, or should a Member have a dispute with another Member or third party, such Member shall resolve such problem at its own costs and responsibility, and shall hold Company harmless from any trouble or damage. If the Company suffers any damage due to such dispute, such Member shall indemnify the damage of the Company.
    5. The Company shall not guarantee the operation status of the computer system used to provide this Service and shall not bear any responsibilities for any and all damages caused by any reasons such as computer system errors.
    6. The Company shall not bear any liabilities for any damages caused to computers, peripheral equipment, lines or software through using this Service, downloading or infection with a computer virus from the Website of this Service.
    7. In case the Company shall bear responsibilities to indemnify for the damages to the Members according to the term of use, excluding when the Company is willful or grossly negligent, the scope of damages which Company shall indemnify shall be limited to that of direct and actual damages to the Members and such damages shall be limited to the total amount of received charges from the Member in this Service in the particular calendar month in which such damages occurred.

  22. Article 22 (Jurisdiction)

    1. If any problem arises in connection with this Service between a Member and the Company, both parties shall engage in discussions to resolve such problem in good faith.
    2. If the dispute cannot be resolved between the parties and accordingly litigation is filed, the Tokyo District Court shall be the exclusive competent jurisdiction in the first instance.

  23. Article 23 (Languages)

    These terms of use are written in Japanese as the original language and translated into English and other languages merely for the sake of Member's convenience.
    If there are inconsistencies between the Japanese version and versions in other languages, the Japanese version will prevail over other translated versions.

  24. Article 24 (Governing Law)

    The governing law of this Agreement shall be the laws of Japan.

  25. Miscellaneous

    These terms of use apply from June 1, 2012.
    Second revision: November 13, 2013
    Third revision: December 24, 2014


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