Terms of Service
These Terms of Service ("ToS") govern the User's (as defined in Article 2) use of "Ninjama" ("Service") managed by Jiraffe Inc. ("Jiraffe"). These ToS also provides the rights and duties between user and Jiraffe. By using our Service, you are deemed to agree to be legally bound by the terms herein. Please read the ToS carefully.
Article 1 Application of the ToSThe ToS shall apply to all aspects of the relationship between Users and Jiraffe.
Article 2 Definition
1. Under the ToS, the following words will have the following meaning unless specifically provided differently, or is obvious that the definition does not match its use in light of the context of the sentence.
(1) "ToS" means not only these Terms of Service but also any other guidebooks with regards to these Terms of Service.
(3) "Guidebook" means a guidebook with regards to this Service, specified by Jiraffe.
(4) "User" means an individual who agrees to these ToS and is using our Service.
(5) "Customer Information" means information defined as personal information in Article 2 (1) of the Personal Information Protection Law of Japan.
(6) "Contents" mean information either published or sent by Jiraffe or the User.
2. The definitions in this Article will be applied to these ToS as well other guidebooks unless specifically provided differently, or is obvious that the definition does not match in light of the context of the sentence.
Article 3 Registering for Use
1. By registering to use this Service, the registerer is agreeing be legally bound by the ToS, and may be entitled to use this Service by providing required information ("Registration Information") in a manner as specified by Jiraffe.
2. Registration is complete once Jiraffe approves the registration process.
3. Registered Displayname, ID and Icon are always listed publicly, including on profile page and search results.
4. Under Sub-Article 1, Jiraffe will deny the registration if Jiraffe determines any one of following applies to registerer. 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 any one of followings applies to the registerer:
(1) If Jiraffe decides that the individual has violated these ToS, or if it is found that the registerer violated these ToS in the past.
(2) If there are any false, missing or omitted information in the Registration Information provided to Jiraffe
(3) If the individual has been suspended from using this Service in the past
(4) The Applicant was determined by Jiraffe to ⑴ constitute an organised crime group, member of thereof, rightist organization, anti-social force or other similar person or entity(“Anti-Social Force”) , ⑵have any interaction or involvement with an Anti-Social Force, or ⑶individuals who is engaged assist or be involved in the maintenance, operation or management of an Anti-Social Force by way of finance or other means;
(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
Article 4 Management of Account Information
1. The User shall be responsible for keeping and maintaining its ID and Password ("Account Information") for this Service in an appropriate manner, and may not cause a third party to use the account, or provide, transfer, change the name of, sell or otherwise dispose of, the same.
2. The User shall be, and Jiraffe shall in no event be, liable for damages arising out of inappropriate management, misuse, or use of the User's password or user ID by a third party.
3. The User shall notify Jiraffe immediately when the User realises that either the Account Information has been stolen or the account is being used by any third party, and shall follow any instruction by Jiraffe.
Article 5 Prohibited Use
1.In connection with the use of this service, Jiraffe prohibits any of the following acts or any act that Jiraffe determines falls under any of the following (hereinafter referred to as "prohibited items") , and the User agrees that they shall be deemed to be in violation of this Agreement if any act that falls under any of the Prohibited Items is conducted by the User regardless of whether there is willful act or negligence. When determined as to fall under any of prohibited items, Jiraffe may take any measures such as deletion of the Users’ account and amendment or deletion of the User’s contents.
(1) Acts of discrimination or slander against any individuals or companies, fictional characters, or any other third parties;
(2) Acts of fraud, promotion of drug abuse or violation of any other laws, public order, morality, or these ToS;
(3) Acts of religious activities, solicitation, assistance of suicide, etc;
(4) Acts to infringe any privacy rights, reputation or cause moral harm of other Users or other third parties;
(5) Acts that cause any physical damage or mental damage to other users or third parties;
(6) Acts 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 that could cause such cases;
(7) Acts of External redistribution of submitted information or contents from this Service without permission;
(8) Acts that infringe or could infringe any property rights, privacy rights or portrait rights of a third party; or
(9) Any other acts which Jiraffe deems to be inappropriate.
Article 6 Withdrawal
A User shall not delete its account unless Jiraffe accepts it. A User shall make notify in a manner set forth by Jiraffe if the User would like to delete its account.
Article 7 Treatment of Personal Information
4. When handling personal information etc. obtained through this service, the User shall comply with applicable laws and regulations concerning the protection of personal information.
Article 8 Rights relating to Submitted Data
1. Any and all IP Rights related to this Service are expressly reserved by Jiraffe or Jiraffe's licensor. Nothing contained herein shall be construed as granting to the User a license of the IP Rights owned by the Jiraffe or Jiraffe's licensor.The user may not conduct any of such acts including, but not limited to, disassembling, decompiling, reverse engineering that may violate IP rights reserved by Jiraffe or Jiraffe's licensor for any reason.
2. The User hereby grants to Jiraffe license to freely use (copy, duplicate, modify, re-license to a third party, and any other use) content that the User posted or otherwise transmitted.
3. The User may not quote from, reprint or use for commercial purposes at all content posted on this Service (including but not limited to contents provided by other Users) without Jiraffe’s 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, the URL of this Service as the origin;
(3) Enclose with "" so that quoted parts are identified.
4. The User shall be liable for all responsibilities relating to contents transmitted or posted in connection with the Service by the User. Jiraffe will not check, guarantee and be responsible for the contents, quality, accuracy, authenticity, legality, freshness, and usefulness of the information.
5. The User shall be responsible for determining the quality, accuracy, authenticity, legality, up-to-date, usefulness, etc. of contents sent or posted by other users. Jiraffe shall not be responsible for any damages caused by users or third parties using the contents.
6. Jiraffe shall not be 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.
7. Jiraffe may reserve the right to change and delete any content posted by the User without prior notification to the User whenever Jiraffe determines that the User has performed inappropriately according to these ToS.
Article 9 Transition to Another Service
1. When using this Service, there may be a case that this Service transits to other services which is run by Jiraffe’s affiliated company companies or other third-parties (defined in Article 10). The User also agrees with these teams of other service in advance.
2. The User who havs continued to use this Service after transition to another services shall be deemed to have agreed to the terms of service of it. Jiraffe shall not guarantee anything about third party services and shall not be liable for any damages caused by the use of third party services.
Article 10 Suspension of the Service
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 judges 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 Article.
Article 11 Cost of Equipment
1. The preparation and maintenance of computers, software and other equipment, communication lines and other communication environments necessary for using 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. Jiraffe is not obligated to store such information even if Jiraffe has stored messages and other data sent and received by Users for a certain period of time and Jiraffe may delete these data at any time. In addition, Jiraffe may not be responsible for any damage resulting from and related to deletion of such data.
4. When the User installs any software related to this Service in advance and while using this service, the User shall pay sufficient attention so as not to cause any equipment failure or damage, loss of the User’s data. Jiraffe shall not be responsible for any damages related to such installs.
Article 12 Denial of Warranty and Disclaimer
1. Jiraffe shall not guarantee the contents, quality, stable provision of this Service, the result of using this service, etc. This service is provided as it is and Jiraffe shall not guarantee conformity to a specific purpose, commercial usefulness, completeness, and continuity of this Service at all.
2. Even if the User obtains any kind of information about this Service, other Users, and other matters directly or indirectly from Jiraffe, Jiraffe shall not guarantee anything else beyond what is said in these ToS.
3. Although this service will cooperate with third party services, Jiraffe shall not guarantee such cooperation, and shall not assume any responsibility even if the cooperation with third party services fails.
4. In the case where this 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 and all disputes between the User and the business that operates the Third-Party Service, Jiraffe shall not take any responsibility for the dispute etc.
5. The user shall investigate whether using this service violates the laws and the regulations applicable to the user based on their own responsibility and costs. Jiraffe makes no representation or warranty of any kind, express or implied, with respect to this Service (including but not limited to any representation or warranty that the use by the User of this Service complies with the laws and regulations applicable to the User or any internal rules established by industrial organizations.
6. Jiraffe shall not in any way be liable for transactions, communications or disputes arising between the User and other Users, or a third party in connection with this Service.
7. Under no circumstances shall Jiraffe be liable for any damages incurred by the User arising out of discontinuance, suspension, termination, unavailability, or modification by Jiraffe of this Service, cancellation or loss of messages or information transmitted by the User to this Service, deletion of the registration of the User, loss of registered data or failure of or damage to equipment through the use of this Service, or otherwise 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, Jiraffe assumes no responsibility for any information provided outside of this Service.
9. Jiraffe shall not be liable for any damages incurred by the User in connection with this Service. Even in cases where Jiraffe is liable for damages incurred by the User due to the application of the Consumer Contract Law or other applicable laws and regulations, Jiraffe shall not be liable for any amount exceeding the consideration paid by the User to Jiraffe for the immediately previous 1 month based on Article 13 in relation to Damages incurred by the User.
Article 13 Amendments
1. Jiraffe shall reserve the right to freely amend or change the contents of this Service without the User's consent.
2. Jiraffe shall reserve the right to amend or change these ToS. In the event of any amendment or change to these ToS, Jiraffe will notify the User thereof, and if the User uses the Service thereafter, or if the User did not delete their account within the period specified by Jiraffe from the change of ToS, the User shall be deemed to have agreed to the such amendment or change to these ToS.
Article 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 User with regards to this Service, such as the amendment to these ToS, will be made in accordance with the procedures specified by Jiraffe.
Article 15 Assignment
1. The User shall not assign, transfer, grant security interests in, or otherwise dispose of the status under this Agreement, the rights or obligations under these ToS without prior written consent of Jiraffe.
2. In cases where Jiraffe has assignedthe business related to this Service to a third party (business transfer, company division or otherwise), Jiraffe may, as part of such assignment, assign to such third party its status under the agreement, its rights and obligations under these ToS, and the User’s Personal Information and other information relating to the User, and the User hereby agrees to such assignment in advance.
Article 16 Separability
Even if any provision of these ToS or part is determined to be invalid or unenforceable by the Consumer Contract Act of Japan or other laws or regulations, the User agrees that the remaining provisions hereof shall remain in full force and effect. Jiraffe and the User will agree to amend the invalid or unenforceable provision to the extent necessary for such provision to be valid and enforcable and to ensure the legally and economically equivalent effect without the invalid or unenforceable provision.
Article 17 Governing Law and Jurisdiction
The law governing these ToS shall be the Laws of Japan, and any and all disputes arising out of or related to these ToS shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance.
Article 18 Council Resolution
In the event that any doubts arise in any matter not stipulated in, or with respect to any provision of these ToS, Jiraffe and the User shall promptly resolve in consultation pursuant to the principle of faithfulness and integrity.
Effective from 2018/01/25.
This ToS shall be executed in the Japanese language. Japanese shall be the governing language and any translation of these ToS into any other language is for convenience of reference only and shall not bind the parties hereto.