Terms and Conditions: GIFMAGAZINE
These terms (hereinafter referred to as “these terms”) set forth the conditions of use of services and content provided by 株式会社GIFMAGAZINE. (hereinafter referred to as “the company”) on the website and accompanying service “GIFMAGAZINE” (hereinafter referred to as “the service”). The registered user (hereinafter referred to as “the user”) will use the service in line with these terms.
Article 1 (Application)
These terms apply to any and all relations between the user and the company regarding use of the service.
Article 2 (User Registration)
· User registration is complete upon company approval of the prospective user's application for registration submitted by the method set forth by the company.
· The company may, in cases where the prospective user may fit one or more the following cases, reject an application, and in such cases the company is not obligated to disclose the reason for rejection.
◦ （1）False information is used in the application
◦ （2）The applicant has previously violated these terms
◦ （3）The applicant is either underage, an adult ward, under curatorship, or under limited guardianship, and does not have the consent of a legal parent, guardian, or representative.
◦ （4）The company believes the applicant is, or is a member of, an anti-social organization (gang, gang member, right-wing organization, anti-social force, or persons of other similar situations), or that the applicant cooperates with or is involved with the maintenance, management, or operation of such organizations through monetary support or other means, or is in any other way in contact with anti-social organizations.
◦ （5）The company believes the registration should not be processed for any other reason
Article 3 (Management of User ID and Password)
· The user is fully responsible for the management of their own user ID and password for the service.
· The user, under any circumstances, may not lend or give their user ID or password to a third party. When a user ID is logged in with the correct password, the company will consider any actions by that ID as actions by the user themselves.
Article 4 (Service Costs and Payment Method)
· Registration and basic services are provided free of charge. Costs and payment methods for services that incur fees are set forth by the terms and conditions for services provided for a cost, separate from these terms.
Article 5 (Forbidden Acts)
The user must not conduct the following actions when using the service. The user, upon using the service, agrees not to conduct the following actions. In the event that the user violates this agreement, the user may be subject to forced ejection from the service, suspension, deletion of all of or part of the information uploaded, forced change of post privacy settings, or other disadvantageous actions by the company.
· （1）Acts in violation of laws or public order and standards of decency
· （2）Acts related to criminal acts
· （3）Acts that obstruct or damage the company's servers or network or their functionality
· （4）Acts that could possibly obstruct the service operation by the company.
· （5）Collecting or compiling private information of other users
· （6）Impersonating other users
· （7）Directly or indirectly profiting anti-social organizations through use of the company's service
· （8）Acts that violate the intellectual property rights, property rights, portrait rights, privacy, honor, or any other rights or profits of the company, other users, or third parties
· （9）Acts of posting or submitting excessively violent expressions, crude sexual expressions, expressions that lead to discrimination by race, nationality, beliefs, gender, social status, or address, expressions that induce or encourage suicide, self-injurious behavior, or drug abuse, or any other expressions that are anti-social and make others feel uncomfortable
· （10）Sales, advertisement, soliciting, or other for-profit acts (other than those allowed by the company), acts conducted for the purpose of committing sexual or indecent acts, acts conducted for the purpose of meeting or dating members of the other sex the user does not know, acts conducted for the purpose of harassing or slandering other users, and other acts conducted for purposes not programmed by the service
· （11）Soliciting to religious activity or religious organizations
· （12）Other acts deemed inappropriate by the company
Article 6 (Suspension of Provision of the Service)
· The company, in the following cases, reserves the right to suspend or discontinue the provision of all of, or part of the service without prior notice to the user.
◦ （1）When maintaining or updating the computer system used by the service
◦ （2）When earthquakes, lightning strikes, fire, power outage, or other natural disasters or inevitabilities make providing the service excessively difficult
◦ （3）When computers or the network cannot function due to an accident
◦ （4）When the company otherwise deems continuation of the service as excessively difficult
· The company is not responsible for any disadvantages or damages caused to the user or third parties by the suspension or discontinuation of the service, regardless of the situation.
Article 7 (Copyright)
· The user, regarding content submitted by the user, is considered to have granted the company the rights for the company or third parties selected by the company to use the content globally, non-exclusively, for no cost, without limitation for any purpose (including, but not limited to, copying, transferring, lending, translating, changing, reprinting, publicly transmitting, transmitting, distributing, printing, and operating), and for these rights (including sublicense rights) to be allowed as long as all rights regarding that content including copyright stand, and priorly agrees to these conditions. The user promises not to use author's personal rights against the company or third parties selected by the company, even if they owned author's rights for the said content.
· All claims and demands caused or associated with content submitted by the user, the user's use of, connection to, or term violations of the service, as well as infringements on third party rights by the user, are to be resolved under the user's responsibility and cost.
· In the event that claims in demands stated in the previous paragraph cause the company fees or compensation, those fees and compensation, as well as legal fees spent by the company will be compensated by the user, and the company reserves the right to demand the user to pay the total of these costs.
· The company reserves the right to view content submitted by the user when needed during operation, and in the event that this information is deemed to be in violation of terms, the company may unlist or delete part of, or all of this content, without prior notification to the user.
Article 8 (The Company's Property Rights)
· The property rights for all content and information within the service, excluding the content and information submitted by the user, belongs to the company.
· The content displayed or provided within the service or advertisements is protected by copyright law, trademark law, design laws, etc.
· All software used within and in line with the service contain property rights and trade secrets, protected by intellectual property laws, etc.
Article 9 (Responsibility of the User)
· The user is to use the service under their own responsibility, and is responsible for all actions and results related to use of the service.
· If the user defames another individual, violates privacy rights, discloses personal information of a third party without permission, commits an act in violation of copyright laws, or otherwise infringes on the rights of others, the user must resolve the situation under their own responsibility and at their own cost, as the company cannot be held responsible.
· The company is not obligated to save information uploaded by the user through the service.
· Responsibility for information such as images uploaded by the user through the service entirely belongs to the user.
Article 10 (Limiting Use and Cancellation of Registration)
· The company, in the following situations, may delete post data, partially or completely limit use of the service to the user, delete the user's registration, or all of the above, without prior notification to the user.
◦ （1）The user is in violation of any article of these terms
◦ （2）The user is found to be registered with false information
◦ （3）The company files for bankruptcy, civil rehabilitation, corporate rehabilitation or special liquidation
◦ （4）The user does not use the service in over 1 consecutive year
◦ （5）The user does not reply to inquiry or communication requiring a reply by the company after over 30 days
◦ （6）In cases stated in items within article 2 Paragraph 2
◦ （7）When the company otherwise deems use of the service by the user as inappropriate
· Upon meeting any of the conditions in the previous paragraph, the user loses all financial rights against the company, and must immediately repay the company for all financial obligations remaining at that point.
· The company is not responsible for any damages caused to the user due to measures taken by the company based on this article.
Article 11 (Deletion)
The company, in the following situations, reserves the right to delete all of, or part of relevant information, force changes to post privacy settings or otherwise apply disadvantageous measures to relevant information, regardless of the information's illegality or violation or compliance to terms.
( 1 ) When the company deems posted information as obscene.
( 2 ) When a public institution or specialist (specialists include, but are not limited to, credibility confirmation organizations prescribed by the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders, internet hotlines, and lawyers) points out or delivers an opinion that specific information may be illegal, violating public order and standards of decency, or violating rights of a third party.
( 3 ) When posted information is subject to rights assertion by a third party.
( 4 ) When the company deems posted information as infringing on copyrights of a third party.
Article 12 (Disclaimer of Warranty and Exemptions)
· The company does not explicitly or implicitly guarantee that the service does not have actual or legal flaws (including safety, reliability, accuracy, integrity, effectiveness, compatibility to certain purposes, security flaws, errors and bugs, violations of rights).
· The company is not responsible for any and all damages caused to the user by the service. However, when the contract between the company and the user regarding the service (including these terms) is a consumer contract as set forth by the Consumer Contract Act, this exemption does not apply.
· However, even under the conditions in the previous proviso, the company is not responsible for damages caused by the company's fault (excluding gross negligence) resulting in default or illegal activity if the damages come from special circumstances (including damages that were predicted by the company or the user, or damages that could have been predicted by the company or the user). Furthermore, the amount of compensation to the damages caused to the user by the company's fault (excluding gross negligence) resulting in default or illegal activity is limited to the amount of fees collected from the user within the month damages were made.
· The company is not responsible for any transactions, communications or disputes that may occur between users or with third parties regarding use of the service.
Article 13 (Changes to Service Content)
The company reserves the right to change the content of the service or discontinue provision of the service without notification to the user, and cannot be held responsible for any damages caused to the user by this.
Article 14 (Changes to Terms)
· The company reserves the right to change these terms anytime when deemed necessary, without notice to the user.
· When the user uses the service after changes to these terms come into effect, the user automatically agrees to the entire content of the revised terms.
· In the event of additions or changes to these terms, the revised terms apply to actions by the user performed before the additions or changes to the terms.
Article 15 (Notification and Communications)
Notification and communication between the user and the company is to be conducted by the methods set forth by the company.
Article 16 (Prohibition of Transferring Rights or Obligations)
The user may not transfer or give as security their rights or obligations as set by their contract or these terms, without prior consent by the company by letter.
Article 17 (Handling of Personal Information)
The company is to respect the privacy of the user of the service, and to manage the personal information of the user with utmost care.
1 Personal Information
“Personal information” is information related to an individual, such as name, address, date and year of birth, age, gender, address, telephone number, family structure, e-mail address, ID, IP address, workplace, organization, workplace address, workplace telephone number, credit card number, bank account number, information on visited websites, the content of complaints, consultation or questions, that can be used either solely or in combination to identify a specific individual.
2 Purpose of Use
The company will use personal information obtained from the user through use of the service for the following purposes:
( 1 ) In order to provide the service
( 2 ) In order to charge the user when they use a for-cost service
( 3 ) In order to use age, gender, and interest information as material to improve the service, make additions to the service, as well as listing advertisements more appropriate to the user
( 4 ) In order to prevent use of the service in violation of terms
( 5 ) In order to create statistical data of the user's usage (in case of creating this data, the company is to process the data in a way that individuals cannot be identified)
3 Limits of Use
The company will, unless in the following situations, only use personal information collected from the user using the service within the necessary range needed to fulfill the above objectives.
( 1 ) When legally required
( 2 ) When necessary to protect the life, physical health, or property of a person, and consent of the person is excessively difficult to obtain
( 3 ) When especially necessary for the improvement of public health or the promotion of healthy growth of children, and consent of the person is excessively difficult to obtain
( 4 ) When a national organization or local public body or a trusted third party requires cooperation to a mission conducted based on law, and gaining consent of the person may compromise the accomplishment of the mission.
4 Methods of Obtaining Personal Information
( 1 ) The company will obtain the user's personal information within the user's use of the service.
( 2 ) Other obtainment of personal information will be conducted by appropriate and fair means, and the company will not obtain personal information from a user by inappropriate means against the user's will.
5 Notification of Obtainment
The company will priorly notify or publicize the purpose of use of personal information in the event that the company will collect personal information outside of the user's use of the service.
In the event that the purpose of use has been changed, this will also be publicized within the service.
6 Management of Personal Information
The company will manage the user's personal information appropriately and safely.
7 Outsourcing Management
The company may outsource the management of the personal information obtained.
In that case, the company will form the necessary contracts with the consignee, and supervise the consignee to maintain appropriate management of the personal information.
8 Providing Personal Information to Third Parties
The company will not provide the user's personal information to third parties without the user's consent.
However, the following are exceptions.
( 1 ) When the company outsources part of operations such as the service, and must provide personal information within necessary boundaries to allow the consignor to carry out the outsourced operations
( 2 ) When the company collects or analyses personal individual of users, processes the data to prevent identification of individuals, and publicizes such data in order to provide statistical data
( 3 ) When the company provides personal information of the user using for-cost services to consigned payment system companies, credit card companies, or banks, for the purpose of charging the user
( 4 ) When the company uses a delivery service to deliver a package to the user
( 5 ) When the company is ordered to disclose the information by law, or allowed to provide it by law
9 Disclosure of Personal Information
The company will, when requested by the user to disclose the user's own personal information, follow the request and disclose the information.
However, in the following situations, the company may not disclose all of, or any of the information.
( 1 ) When disclosure may harm the life, physical health, property, or other rights of the user or a third party
( 2 ) When disclosure will severely obstruct the company's normal operations
( 3 ) When disclosure is illegal
10 Corrections to Personal Information
The company will, when the user requests to correct or add to personal information of the user themselves, confirm the identity of the user as well as the accuracy of the corrections or additions, and take appropriate action.
In the following cases, the company will not be held responsible for third party obtainment of personal information.
( 1 ) The user uses a function of the service or other method to disclose personal information to the third party
( 2 )The user enters information on the company's service that allows identification of the user
Article 18（Governing Law & Jurisdiction）
· Interpretation of these terms is done with Japanese law as the governing law.
· In the event of a dispute regarding the service, the court governing the location of the company's headquarters will be the exclusive agreement jurisdictional court.
These terms are in effect from January 25, 2014.
These terms are applicable to actions conducted by the user before the above date of effect.