These terms and conditions of use (hereinafter the “Terms and Conditions”) set forth the terms to use “Xperience” (hereinafter the “Service”) provided by Xperience Inc. (hereinafter the “Company”), as well as rights and obligations between the Company and users of the Service (hereinafter the “User(s)”).
You need to read the full text of the Terms and Conditions and agree to them before using the Service. If you do not agree to the Terms and Conditions, please do not use the Service.
The following terms as used in these Terms and Conditions have the meanings set forth below:
1.1. “Article” means the contents composed of all of, or combination of parts of, the texts, pictures and images posted on the Service by Users through the Service.
1.2. “Translated Article” means a translation of texts contained in an Article posted on the Service by a User through the Service.
1.3. “Personal Information” means information in relation to a living individual, which contains the name, date of birth and other descriptions by which a specific individual can be identified (including information that can be easily collated with other information so that a specific individual can be identified).
2. Agreement to the Terms and Conditions
2.1. Users shall grant a fully-valid and irrevocable agreement to the Terms and Conditions before they start using the Service.
2.2. Users that are underage or lack the legal capacity necessary for performing a legal act alone are deemed to have guaranteed that they have obtained a fully-valid and irrevocable agreement to the use of the Service based on the Terms and Conditions from their legal representative, including a person with their parental authority.
2.3. Users who started using the Service are deemed to have granted fully-valid and irrevocable agreement to the Terms and Conditions.
2.4. Company may modify the Terms and Conditions at any time without providing prior notice to Users. Any modification to the Terms and Conditions will become effective once the modified Terms and Conditions are posted on the Service, unless otherwise stipulated by the Company.
2.5. If the Terms and Conditions are modified pursuant to 2.4, the Company shall notify Users of the modified Terms and Conditions through a method prescribed by the Company (including, but not limited to, a post on the Service) and Users are deemed to have granted a fully-valid and irrevocable agreement to the modified Terms and Conditions by continuing to use the Service.
2.6. If any separate term and condition relating to the Service, besides the Terms and Conditions, exists or is added, Users must, just as required in the Terms and Conditions, grant agreement to such separate terms and conditions.
3. Company’s Rights in relation to the Service
3.1. All of the following intellectual property rights, including the right to obtain these rights and the right to apply for registration of these rights (hereinafter collectively referred to as the “Intellectual Property Right”) and all other rights belongs to the Company: copyrights relating to texts, pictures, voices, images, programs, designs, user interface and logos provided by the Service and all other contents relating to the Service (hereinafter collectively referred to as the “Contents”) (including, but not limited to, Art. 27 and Art. 28 of the Copyright Act of Japan; the same applies to the copyrights provided hereinafter in the Terms and Conditions), patent rights, utility model rights, design rights, and trademarks.
3.2. The Company grants to Users a non-exclusive license to use the Service and Contents, in so far as to create, save and post (including posting on other social networking services) Articles on the screen of the Service, translate, save and post (including posting on other social networking services) the Articles posted by other User on the screen of the Service, and save and share (including sharing on other social networking services) the Articles or Translated Articles created by other Users.
3.3. Users are not entitled to copy, reproduce, reissue, upload, post, publish, encode, translate, forward, distribute and mirror or otherwise use the Service and the Contents to other computers, servers, websites or other media in any manner unless it is expressly licensed in the Terms and Conditions, and unless prior written consent is given by the Company.
3.4. Users are not entitled to transfer or grant sublicense of the right to use the Articles and/or the Translated Articles provided by the Service, to any third party.
4. Rights in relation to the Articles and the Translated Articles
4.1. At the time when Users post Articles, Translated Articles or any other writing on the Service, such Users is deemed to have granted a license to the Company to use all the copyrights and other rights under the Copyright Act relating to such post within or outside the country, including reproduction right, right of public transmission, transfer right, translation right and right of adaptation (including the right for the Company to sublicense to a third party), free of charge. The aforesaid license granted by Users continues to be effective as long as copyrights pertaining to the Article, Translated Article or any other writing exist, and no compensation, such as loyalty are payable.
4.2. Users represent and warrant to the Company that, when they post Articles, Translated Articles or any other writings on the Service, they possess all copyrights and other rights under the Copyright Act, or, if the post is made through a copyrighted work of a third party, they have completed necessary rights handling to grant license as set forth in the preceding Paragraph at their own responsibility and cost (including rights handling for necessary for Users to grant license to the Company, and for the Company to grant sublicense to third parties), and that they have not infringed any legal right of a third party including their Intellectual Property Right. The Company is not responsible even if Articles, Translated Articles or other writings posted by Users infringe the right of a third party, and Users must settle the legal dispute with the third party arising in connection with the Article, Translated Article or other writing posted by such Users at their own cost and responsibility without causing any trouble to the Company.
4.3. Company or a third party which is granted a sublicense from the Company may post or otherwise use in various manners Articles, Translated Articles and other writings posted by Users in the website of the Company or in the website operated by the third party to which the sublicense is granted from the Company. In such circumstances, Company may summarize or extract the sentences, modify the posted image (resize or trim), or omit indication of the author. Also, Users grant full and irrevocable consent to the Company in advance to not exercise their author’s moral right (which means the right to make a work public, right to maintain integrity, right to determine the indication of an author's name and right to maintain the honor or reputation of the author pursuant to Art. 113, Para. 6 of the Copyright Act, including such new rights as added as a result of future revision of laws, if any) with respect to the Article, Translated Article or other writing, against the Company and a third party which is granted a sublicense from the Company.
5. Account, Password and Security
5.1. In order to use the certain services provided by the Service, such as posting Articles or Translated Articles on the Service, Users must open an account including an ID and Password in advance.
5.2. Information relating to accounts, including the Users passwords but excluding public information such as IDs must be kept confidential by Users at their own responsibility, and the Users must immediately contact the Company if any inappropriate use or extraordinary event occurs in relation to the Users’ account.
5.3. Users may not allow any third party to use their account. In addition, Users are directly responsible to the Company and to any third party for all of their activities on the Service, such as posting Articles or Translated Articles through their own account.
6. The Company’s Responsibility for the Service
6.1. The Company may modify all or a part of the Service at is sole discretion at any time and may terminate providing the Service, including deleting all or a part of the Articles and Translated Articles.
6.2. If the Service, Article or Translated Article contains a link to a website of other independent third party, the Company is not responsible for any information or materials contained in such linked website.
6.3. The Company does not guarantee that all the contents, services and expressions contained in the Service, Articles and Translated Articles are current or free of error or that a specific result can be obtained from them.
6.4. The Company does not guarantee that files and other data downloaded by Users from the Service, Articles and Translated Articles do not contain virus, pollution or harmful contents, or that they are accurate and do not infringe third party’s right whether implicitly or expressly, or that they are merchantable or compatible for any specific purpose. The Company is not in any way legally responsible for the use of the Service by Users.
7. Prohibited Matters
7.1. Users must not engage in the following activities when using the Service:
7.1.1. Activities that violate laws, judgments, decisions or orders of the court, or administrative measures that are legally binding;
7.1.2. Activities that may be contrary to public order or morality;
7.1.3. Activities that infringe the Intellectual Property Right, right of honor, right to privacy, portrait right, right of publicity and any other legal or contractual right of the Company or a third party;
7.1.4. Activities that cause defamation, damage to credit, unjustifiable discrimination or mental abuse of the Company or a third party;
7.1.5. Activities that cause economic damage to the Company or a third party;
7.1.6. Activities that threaten the Company or a third party;
7.1.7. Activities that post or transmit excessively violent expressions, overtly sexual expressions, expressions that lead to discrimination by race, nationality, creed, sex, social status, family origin, expressions that induce or encourage suicide, self-injury behavior or drug abuse, or other expressions that contain anti-social content and make other people uncomfortable;
7.1.8. Activities pretending to be the Company or a third party, or intentionally spreading false information;
7.1.9. Activities intended for sales, marketing advertisement, soliciting or other commercial purposes (except for those approved by the Company), activities intended for sexual conduct or obscene acts, activities intended for harassing or abusing other Users, or other activities that use the Service for purposes not contemplated by the Service;
7.1.10. Activities that are beneficial to, or collaborate with, anti-social groups;
7.1.11. Activities soliciting to religious activities or religious groups;
7.1.12. Activities collecting, disclosing or providing inappropriately Personal Information, registered information, or usage history of other people;
7.1.13. Activities manipulating the Service inappropriately through technical means and using the failure of the Service intentionally, activities making unreasonable inquiries and request to the Company, such as repeating the same question more than necessary, and other activities that interfere with the Company in providing the Service or with other Users in using the Service or cause trouble to them;
7.1.14. Activities that assist or encourage the activities described in 7.1.1 through 7.1.13 above;
7.1.15. Other activities that the Company deems inappropriate.
7.2. If any Article, Translated Article or other writing that falls under, or possibly falls under, the above activities is posted, the Company may take measures such as deleting such post or suspending or restricting the use of the Service, without prior notice to Users. Whether such measures should be taken or not may be determined by the Company at its discretion, and the Company will not disclose the reason for such measures. The Company may delete posts for unavoidable reasons in order to administer the Service, even if such posts do not, or do not possibly, fall under any of the activities set forth in the preceding Paragraph. The Company will not delete a post, even by request of the User who posted it, unless it conflicts with the Terms and Conditions or there is any extraordinary circumstance.
7.3. If the Company commences legal proceedings against a User as a result of the User’s violation of the Terms and Conditions, the Company is entitled to collect reasonable legal fees and other fees relating to such legal proceedings in addition to compensation for damage and other remedies entitled by law, and the Users agree in advance to pay such amount.
8. The Company’s Administration of Users
8.1. The Company may disclose to a third party the information of Users to the minimum extent necessary in connection with the investigation or complaints relating to the use of the Service by Users, if the Company deems it necessary to identify, to contact with, or to file an action against a person who, whether intentionally or unintentionally, infringes or interferes with rights or properties of the Company or rights or property of other Users of the Service including the Company’s clients.
8.2. The Company may disclose information relating to Users without confirming with the Users in advance, in order to comply with laws, regulations, legal proceedings and/or government’s request,.
8.3. The Company may, at its discretion and without giving prior notice to relevant Users, suspend and/or block User access to the Service in any of the following events:
8.3.1. If the Company determines a User violated the Terms and Conditions or other rules relating to the Service;
8.3.2. If it is requested to do so by a law enforcement agency or other governmental agency;
8.3.3. If it is requested to do so by another User;
8.3.4. If the Service or any service provided through the Service is suspended or changed materially; and,
8.3.5. If there occurs any unexpected technical challenge or issue.
9. Exemption from Liability
9.1. The Company does not guarantee expressly or implicitly, that the Service is free from de facto or legal defects (including, but not limited to, faults, errors, bugs or infringements of rights relating to safety, reliability, accuracy, integrity, effectiveness, fitness for certain purposes or security). The Company does not bear an obligation to provide the Service to Users after removing such defects.
9.2. The Company does not guarantee, expressly or implicitly, the accuracy of Articles or Translated Articles posted by Users on the Service.
9.3. The Company is not responsible for any damage incurred by Users or third parties resulting from the Service. However, this exemption provision does not apply if the agreement between the Company and a User relating to the Service (including the Terms and Conditions) is a consumer contract as provided in the Consumer Contract Act.
9.4. Notwithstanding the proviso in the preceding Paragraph, the Company is not responsible for any damage incurred by a User under special circumstances (including a case where the Company or Users predicted or could have predicted the damage) due to the Company’s breach of contract or tort by negligence (except for gross negligence) . Users agree in advance that the compensation for damage incurred by Users due to Company’s breach of contract or tort by negligence (except for gross negligence) is limited to JPY 5,000, in light of the fact that the Company provides the Service free of charge.
9.5. The Company is not in any way legally responsible (nor is it liable) for damage incurred by Users as a result of suspension, discontinuance, termination, unavailability or change in support for the Service provided by the Company, deletion or disappearance of Articles or Translated Articles created by Users through the Service, or any other damage in relation to the Service.
10. No Transfer
10.1. Users may not transfer or provide as security their status as a User in relation to the Service, or their rights and obligations based on such status to a third party, unless upon prior written consent by Company.
10.2. If the Company transfers its business relating to the Service to a third party, the Company may transfer its status under the Terms and Conditions, its rights and obligations under the Terms and Conditions, and client information including registered information of Users, to the transferee of the business transfer, and Users agree in advance to such transfer. The term “business transfer” as set forth in this Paragraph not only includes ordinary business transfers, but also company splits or other cases where a business is transferred.
11. Entire Agreement
11.1. These Terms and Conditions are the entire agreement between the Company and Users relating to the Service.
11.2. If any or part of the provisions of these Terms and Conditions are held invalid or unenforceable pursuant to the Consumer Contract Act or other laws or regulations, the remaining provisions of the Terms and Conditions or remainder of the provision which was held invalid or unenforceable continues to have full effect.
12. Contact Method
12.1. Company may contact Users in relation to the Service, by a method it deems appropriate, including making posts on a relevant place in a website operated by the Company.
12.2. Users must contact Company in relation to the Service by sending a customer inquiry form which is available at a relevant place in a website operated by the Company, or by a method designated by the Company.
12.3. Company may only use the Personal Information of Users received pursuant to the preceding Paragraph to the extent necessary to respond to the inquiry, and may not use it for any other purpose.
13. Governing Law and Jurisdiction
13.1. The original of the Terms and Conditions is in Japanese language.
13.2. The Terms and Conditions are governed by the laws of Japan.
13.3. The Tokyo District Court or Tokyo Summary Court, as the case may be depending on the amount of the case, is the exclusive agreed jurisdiction for the first instance over any dispute arising out of or in connection with the Terms and Conditions
Established on 14th September, 2015