Terms of Service
This Terms of Service ("TOS") contains terms for when using "Peing – Question Box" ("Service") managed by Jiraffe Inc. ("Jiraffe") which you, the User (will be defined in Section 2), is required to follow, as well as the rights and duties between you and Jiraffe. By using our Service, you are agreeing to these terms. Please read them carefully.
Section 1 Application of the TOS
The TOS is applied to all users using all services provided within the Service.
Section 2 Definition
1. Within the TOS, the following words are defined below, and will be defined as below unless specifically defined differently afterwards, or is obvious that the definition does not match its use in the sentence.
(1) The "TOS" includes this Terms of Service as well as other guidebooks with regards to this Terms of Service.
(2) "Privacy Policy" is the Privacy Policy specified by Jiraffe (the name of the document can be anything).
(3) "Guidebook" is a guidebook with regards to this Service, specified by Jiraffe.
(4) "User" is an individual who agrees to this TOS and is using our Service.
(5) "Customer Information" is information defined as personal information in Section 2 (1) of the Personal Information Protection Law.
(6) "Contents" are information either published or sent by Jiraffe or the User.
2. The definitions in this section will be applied to this TOS as well other guidebooks unless specifically defined differently, or is obvious that the definition does not match its use in the sentence.
Section 3 Registering for Use
1. By registering to use this Service, the registerer is agreeing to the TOS, and will be able to use this Service by providing required information ("registration information") using a method specified by Jiraffe.
2. Registration is complete once Jiraffe approves the registration by the registerer.
3. Registered Displayname,ID and Icon are always listed publicly,including on profile page and search results.
4. Under Section 1, Jiraffe will deny the registration if deemed that the registerer applies to the following. Jiraffe will not disclose the reason for denying registration, and Jiraffe does not owe any duty to disclose such information. Furthermore, Jiraffe has the right to cancel the registration and suspend the account if Jiraffe determines that the User applies to the following.
(1) If Jiraffe decide that the individual has violated this TOS, or if the registerer has violated this TOS in the past.
(2) If there are any false/missing information in the registration information provided to Jiraffe
(3) If the individual has been suspended from using this Service in the past
(4) Anti-Social Forces (an organised crime group, member of an organised crime group, a related company or association of an organised crime group, and any other equivalent individuals of the above), or individuals who cooperate and is involved with the maintenance or operation of any Anti-Social Forces by providing funding to any Anti-Social Forces or any similar act, or individuals who is engaged in a relationship with the Anti-Social Forces (if Jiraffe decides there is a relationship)
(5) Any minor, adult ward, or person under curatorship who use this Service without the consent from either a legal representative, guardian, curator, or a limited guardian
(6) When Jiraffe has decided that registration is not appropriate for other reasons
Section 4 Management of Account Information
1. Users are responsible for storing the User ID and Password ("Account Information") for this Service, and cannot allow another person to use the account, or lend, give, change the name, or buy/sell the accounts.
2. Jiraffe will not be responsible for any damages from miss-management, mistake during use, allowing use to a third party, etc. of the Account Information.
3. Users should notify Jiraffe immediately when the User realises that either the Account Information has been compromised or the account is being used by another person, and follow any instructions by Jiraffe.
Section 5 Prohibited matter
1.In connection with the use of this service, Jiraffe prohibit acts (hereinafter referred to as "prohibited items") that Jiraffe determines as corresponding to the following items, and users agree that they shall be determined to be in violation of this Agreement to perform any act that falls under the Prohibited Item regardless of whether there is willful or negligence. When determined as to fall under prohibited item,Jiraffe may take measures such as deletion of the users’account and change and deletion of contents.
(1) Act of discrimination or slander against any individuals or companies, fictional characters, or any other third parties
(2) Fraud, promotion of substance abuse or violation of any other laws, public order, morality, or this TOS
(3) Religious activities, solicitation, assistance of suicide, etc.
(4) Infringe privacy of other users or a third party, damage honor, give mental damage
(5) Act of physical damage or mental damage to other users or a third party.
(6) The act of putting a burden on the server of this Service beyond the normal range, the act of hindering the network / system, operation of this Service, or the case where Jiraffe determines that there is a risk
(7) External redistribution of submitted information or contents from this Service without permission
(8) Act of infringing the property, privacy or portrait rights of a third party, or action with the risk of infringement
(9) Any other actions which Jiraffe deemed inappropriate
Section 6 Deletion of Account by User
A User may delete its account, when Jiraffe accepts the request, by notifying Jiraffe using set procedures
Section 7 Use of Customer Information
1. Jiraffe will handle Customer Information by obliging to this TOS as well as the Privacy Policy.
2. Users must ready the Privacy Policy before using/accessing this Service, and by using this Service, has agreed to the Privacy Policy.
3. Jiraffe may use Customer Information obtained through this Service for the purposes set in the Privacy Policy, as well as in order to provide this Service itself.
4. When handling personal information etc. obtained through this service, the User shall comply with laws and other laws concerning the protection of personal information.
Section 8 Right to Submitted Data
1. All ownership rights and intellectual property rights relating to this Service belong to Jiraffe or those who license to Jiraffe, and the license for use of this Service based on the registration stipulated in this agreement is stated in this contract. This does not imply the assignment or license of intellectual property rights of Jiraffe or any person who licenses to Jiraffe concerning this Service. The user may not do such acts (including, but not limited to, disassembling, decompiling, reverse engineering) that may violate the intellectual property rights of Jiraffe or a person licensing to Jiraffe for any reason.
2. In this Service, we have the right to freely use (copy, duplicate, modify, re-license to a third party, and any other use) content that users posted or otherwise transmitted.
3. Content posted on this Service (including but not limited to contents provided by Users) shall not be quoted, reprinted or commercialized at all without prior permission. However, to the extent adequate described in Article 32 of the Copyright Law, quotation is permitted if the following requirements are satisfied.
(1) To quote the contents of the Service to complement the contents of news reports, research presentations, etc. (We do not allow you to use it without needing to refer to the original article such as abstract)
(2) Describe the name of this Service and the URL of this Service as the origin
(3) Enclose with "" etc. so that quoted parts are known
1. All responsibilities relating to contents transmitted or posted in connection with the Service by the User, etc. shall be borne by the User, etc., and Jiraffe will not check the contents, quality, accuracy, authenticity, legality, freshness, usefulness of the information. In addition, Jiraffe will not guarantee the above, and will assume no responsibility.
2. Users, etc., is responsible for determining the quality, accuracy, authenticity, legality, up-to-date, usefulness, etc. of contents sent or posted by other users. Jiraffe is not responsible for any damages caused by users or third parties using the contents.
3. Jiraffe is not obligated to back up the contents. The User shall do so with his / her own expense and responsibility if it is necessary to back up the contents.
4. Jiraffe reserve the right to change and delete any content posted by the User without notice if Jiraffe determines that the User has performed inappropriately when comparing to the spirit of this TOS.
Section 9 Transition to Another Service
1. When using the service, there may be a case where this service is moved within the company group or to a third-party service (defined in Article 10). The User agrees to agree with this TOS as well as the third-party TOS in advance, when using this Service.
2. Users who have continued to use this service after transition to third-party services shall be deemed to have agreed to the terms of service of third-party services etc. Giraffe will not guarantee anything about third party services and will not be held liable for any damages caused by the use of third party services by users and third parties.
Section 10 Suspension of the Service, etc.
1. Jiraffe shall be able to stop or suspend the use of this service in whole or in part without notifying the User in advance if it falls under any of the following.
(1) In case of periodic or urgent inspection or maintenance work of the computer / system related to this Service
(2) When computer, communication line, etc. cease due to an accident
(3) When the Service can no longer be operated due to force majeure such as fire, power failure, natural disasters, etc.
(4) If a service provided by a third-party which is used to operate this Service, encounters a problem, the service itself is suspended or the link between our Service and the third-party service is stopped, or when there is a change in specifications.
(5) In the event that Jiraffe judge that the suspension is necessary
1. Jiraffe may terminate the provision of this Service at our convenience. In this case, we will inform the User in advance.
2. Jiraffe is not liable for any damages caused to users based on measures taken by us under this section.
Section 11 Cost of Equipment, etc.
1. The preparation and maintenance of computers, software and other equipment, communication lines and other communication environments necessary for receiving the provision of this Service shall be made at the expense and responsibility of the User.
2. The User shall take security measures such as prevention of computer virus infection, unauthorized access and prevention of information leakage at their own expense and responsibility according to the usage environment of their own service.
3. We are not obligated to store such information even if we have stored messages and other information sent and received by Users for a certain period of time and we can delete these information at any time. In addition, Jiraffe is not responsible for any damage caused to Users based on deletion of such information.
4. When the User installs software when starting to use this Service or while using this service, Jiraffe will pay sufficient attention so as not to cause any equipment failure or damage, loss of information held by the User etc. Jiraffe is not responsible for any damages caused to the User.
Section 12 Denial of Warranty and Disclaimer
1. Jiraffe does not guarantee the contents, quality and level of this Service, the stable provision of this service, the result of using this service, etc. This service is provided on an as-is basis and we do not guarantee this Service at all, including conformity to a specific purpose, commercial usefulness, completeness, continuity etc.
2. Even if the User obtains some information about the Service, other users of the Service, and other matters directly or indirectly from Jiraffe, Jiraffe will not guarantee outside of the range of this TOS.
3. Although this service may cooperate with third party services, Jiraffe does not guarantee such cooperation, and will not assume any responsibility even if the cooperation with third party services fails.
4. In the case where the Service is in cooperation with a third-party service, the User shall comply with the terms and conditions of the Third-Party Service with its own expenses and responsibilities, and should there be any disputes between the User and the business that operates the Third-Party Service, Jiraffe will not take any responsibility for the dispute etc.
5. The user shall investigate whether using this service violates applicable laws and regulations applicable to users based on their own responsibility and costs. Jiraffe does not guarantee at all that it conforms to the law or the like applicable to the User.
6. Transactions, communications, disputes, etc. arising between users and other users, business operators of third party services and other third parties in connection with this service shall be processed and resolved at the User's responsibility, and Jiraffe will not be held liable for any such matters.
7. The Company may suspend, terminate, disable or change the provision of the Service by the Company, delete or lose the user's message or information, cancel user's registration, lose data due to the use of this Service, but will not be held responsible for any damage incurred by users in connection with this Service.
8. Even if a link from this Service to another website or a link to this Service from another website is provided, we assume no responsibility for any information provided outside of this Service.
9. We are not liable for any damages suffered by the User in connection with this Service. Even in cases where the Company is liable for damages against Users due to the application of the Consumer Contract Law or for other reasons, our liability for damages is limited to Article 13 in the past month from the time of the occurrence of the cause of the damage, based on the total amount of usage fee of this service actually received by Jiraffe from the User.
Section 13 Change in the TOS
1. Jiraffe reserves the right to freely change the contents of this Service without the User's consent.
2. Jiraffe reserves the right to change the TOS. In the event that this agreement is changed, the Company will notify the User of the change, and after the notice of the change, if the User uses the Service, or if the User did not delete their account during the period specified by Jiraffe, the User is considered to have agreed to the change in the TOS.
Section 14 Contacts and Notifications
Inquiries concerning this Service, or any contacts from the User to Jiraffe, as well as any contacts/notifications from Jiraffe to the Users with regards to this Service, such as the change in the TOS, will be done using the method determined by Jiraffe.
Section 15 Re-assignment of this TOS
1. The User cannot re-assign, transfer, set collateral, or otherwise dispose of the status on the contract or the rights or obligations under this Agreement to third parties without prior written consent to Jiraffe in writing.
2. When Jiraffe transfer the business related to this Service to a third party (business transfer, company division or any other manner regardless of the manner), the position on the use contract with this transfer, the terms, the User’s registration information and other information relating to the customer may be transferred to the assignee of the transfer and the User agrees in advance on such transfer.
Section 16 Separability
Even if any provision of this TOS or part is determined to be invalid or unenforceable by the Consumer Contract Act or other laws or regulations, the remaining provisions other than the provisions deemed invalid or unenforceable, the User has agreed in advance that it will continue to be fully effective. The Company and User shall amend the invalid or unenforceable provision to the extent necessary for enforcing enforcement power and to ensure the legally and economically equivalent effect with respect to the invalid or unenforceable provision.
Section 17 Governing Law and Jurisdiction
The law governing this TOS shall be the Japanese law, and for any dispute arising out or related to this TOS, the Tokyo District Court or the Tokyo Summary Court shall be the first examiner's exclusive jurisdictional court.
Section 18 Council Resolution
In the event that any doubts arise in any matter not stipulated in this TOS or in the interpretation of this TOS, the Company and the User shall promptly resolve in consultation pursuant to the principle of faithfulness and integrity.
Supplementary provision
This TOS will come into effect from 2018/01/25.