Terms of Service

These Terms of Use (hereinafter referred to as "these Terms") set forth the conditions for using the services (hereinafter referred to as "the Services") provided on this website by Moeki Kawakami (hereinafter referred to as "the Company"). All registered users (hereinafter referred to as "Users") are requested to use the Services in accordance with these Terms.

Article 1 (Application)

  1. These Terms shall apply to all relationships between the Users and the Company in relation to the use of the Services.
  2. In addition to these Terms, the Company may establish various rules (hereinafter referred to as "Individual Regulations") for the use of the Services. Regardless of their names, these Individual Regulations shall constitute part of these Terms.
  3. If the provisions of these Terms contradict the provisions of the Individual Regulations, unless otherwise specifically provided in the Individual Regulations, the provisions of the Individual Regulations shall prevail.

Article 2 (Registration)

  1. In the Services, those who wish to register agree to these Terms, apply for registration in the manner prescribed by the Company, and the registration is completed when the Company notifies the applicant of its approval.
  2. The Company may not approve the application for registration if it determines that the applicant has any of the following reasons, and it shall not be obliged to disclose any reason for this.
    • If false information was provided in the application for registration
    • If the application is from someone who has violated these Terms
    • If the Company deems the registration to be inappropriate for any other reason

Article 3 (Management of Email Addresses)

  1. Users shall manage their email addresses for the Services at their own responsibility.
  2. Users may not, under any circumstances, transfer or lend their email addresses to a third party, or share them with a third party. The Company will consider the use of the Services by logging in with the magic link recorded in the email address as use by the User who registered the email address.
  3. The Company shall not be liable for any damage caused by the use of the email address and password by a third party, unless the Company has intentional or gross negligence.

Article 4 (Prohibited Acts)

Users shall not engage in any of the following acts in using the Services.

  • Acts that violate laws or public order and morals
  • Acts related to criminal activities
  • Acts that destroy or interfere with the functions of the Company's servers or networks, or those of other Users of the Services, or third parties
  • Acts that may interfere with the operation of the Company's services
  • Acts of collecting or accumulating personal information, etc. about other Users
  • Unauthorized access or attempts to do so
  • Impersonating other Users
  • Acts of providing direct or indirect benefits to antisocial forces in connection with the Company's services
  • Acts that infringe on the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of the Company, other Users of the Services, or third parties
  • Posting or transmitting content on the Services that includes, or is determined by the Company to include, the following expressions
    • Excessively violent expressions
    • Explicit sexual expressions
    • Expressions that lead to discrimination based on race, nationality, creed, sex, social status, family origin, etc.
    • Expressions that induce or promote suicide, self-injury, drug abuse
    • Other antisocial content that causes discomfort to others
  • Acts that the Company determines to have the following purposes
    • Business, advertising, solicitation, or other profit-making activities (except those approved by the Company)
    • Acts for the purpose of sexual acts or obscene acts
    • Acts for the purpose of meeting or dating an unfamiliar person of the opposite sex
    • Acts for the purpose of harassment or slander against other Users
    • Acts for the purpose of causing disadvantage, damage, or discomfort to the Company, other Users of the Services, or third parties
    • Acts of using the Services for purposes other than those intended by the Services
  • Acts of soliciting religious activities or religious organizations
  • Any other acts that the Company deems inappropriate

Article 5 (Suspension of Provision of the Services, etc.)

The Company may suspend or interrupt the provision of all or part of the Services without prior notice to Users if it determines that any of the following reasons exist.

  • When maintenance, inspection, or updating of the computer system related to the Services is performed
  • When it becomes difficult to provide the Services due to force majeure such as earthquakes, lightning, fires, power outages, or natural disasters
  • When the computer or communication lines, etc. are stopped due to an accident
  • When the Company determines that it is difficult to provide the Services for any other reason

Article 6 (Copyright)

  • Users may use the Services and post or upload information such as text, images, and videos for which they themselves have the necessary intellectual property rights such as copyrights, or for which they have obtained the permission of the necessary rights holders.
  • The copyright of the text, images, videos, etc. posted or uploaded by Users using the Services shall be reserved to the User or other existing rights holders. However, the Company may use the text, images, videos, etc. posted or uploaded using the Services within the scope necessary for improving the Services, improving quality, correcting deficiencies, etc., and for publicizing and promoting the Services, and Users shall not exercise their moral rights in relation to this use.
  • Except as provided in the main text of the preceding paragraph, all copyrights and other intellectual property rights related to the Services and all information related to the Services belong to the Company or the rights holder who has granted the Company the right to use them, and Users shall not reproduce, transfer, lend, translate, modify, reprint, publicly transmit (including making transmittable), transmit, distribute, publish, use for business, etc. without permission.

Article 7 (Restrictions on Use and Deletion of Registration)

The Company may delete posted data, restrict the use of all or part of the Services, or delete the registration as a User without prior notice if the User falls under any of the following.

  • If the User has violated any provision of these Terms
  • If it is found that there are false facts in the registered information
  • If there is no response to the Company's contact for a certain period of time
  • If the Services have not been used for a certain period of time since the last use
  • If the Company deems it inappropriate to use the Services for any other reason
  • If any of the items in the preceding paragraph apply, the User shall lose the benefit of the term for all obligations to the Company naturally, and shall immediately pay all obligations to be borne at that point in a lump sum.
  • The Company shall not be liable for any damage caused to the User by the actions taken by the Company under this Article.

Article 8 (Withdrawal)

Users can withdraw from the Services by following the withdrawal procedures set by the Company.

Article 9 (Disclaimer and Exemption from Liability)

  • The Company does not explicitly or implicitly warrant that the Services are free from de facto or legal defects (including defects in safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc., errors, bugs, infringement of rights, etc.).
  • The Company shall not be liable for any damage caused to Users due to the Services, except in the case of intentional or gross negligence on the part of the Company. However, this disclaimer does not apply if the contract between the Company and the User regarding the Services (including these Terms) is a consumer contract as defined in the Consumer Contract Act.
  • Even in the case provided in the proviso to the preceding paragraph, the Company shall not be liable for any special damages arising from the Company's negligence (excluding gross negligence) due to breach of contract or tort (including cases where the Company or the User foresaw or could have foreseen the occurrence of damage). In addition, the compensation for damages caused to the User due to the Company's negligence (excluding gross negligence) due to breach of contract or tort shall be limited to the amount of usage fees received from the User in the month in which the damage occurred.
  • The Company shall not be liable for any transactions, communications, disputes, etc. that arise between Users and other Users or third parties in relation to the Services.

Article 10 (Changes to the Services)

  • The Company may change, add, or abolish the contents of the Services with prior notice to Users, and Users shall accept this.

Article 11 (Changes to the Terms)

  • The Company may change these Terms without the individual consent of the User in the following cases.
    • When the change of these Terms is in line with the general interests of the Users.
    • When the change of these Terms does not contradict the purpose of the contract for the use of the Services, and is reasonable in light of the necessity of the change, the contents of the Terms after the change, and other circumstances related to the change.
  • The Company shall notify Users in advance of the fact of the change of these Terms and the contents of the Terms after the change, as well as the time when the change takes effect.

Article 12 (Handling of Personal Information)

The Company shall handle personal information obtained through the use of the Services appropriately in accordance with the Company's "Privacy Policy".

Article 13 (Notification or Contact)

Notifications or communications between the User and the Company shall be made in the manner prescribed by the Company. The Company shall consider the currently registered contact information as valid and send notifications or communications to that contact information, unless the User has notified the Company of a change in the manner prescribed by the Company, and these shall be considered to have reached the User at the time of transmission.

Article 14 (Prohibition of Assignment of Rights and Obligations)

Users may not assign, or provide as security, their status under the usage contract or rights or obligations based on these Terms to a third party without the prior written consent of the Company.

Article 15 (Governing Law and Jurisdiction)

  • The interpretation of these Terms shall be governed by the laws of Japan.
  • In the event of a dispute regarding the Services, the court having jurisdiction over the location of the Company's head office shall be the exclusive agreed jurisdiction.