These Terms and Conditions set forth the terms and conditions for providing the Services (as defined below),and the rights and obligations between the Company and users of the Services. You must read and agree to the entire Terms and Conditions before using the Services.
1. The purpose of these Terms and Conditions is to set forth the terms and Conditions for providing the Services and the rights and obligations between the Company and the Users(as defined below),and these Terms and Conditions shall apply to all aspects of the relationship between you and the Company in connection with the Services.
2. Any rules for use of the Services posted on our website at http://machibito.co/ shall constitute an integral part of these Terms and Conditions.
3. If these is any conflict between these Terms and Conditions and the Rules or any other description of the Services not provided for herein,these Terms and Conditions will prevail.
For purposes of these Terms and Conditions,the following terms have the following meanings.
(1) "Services Agreement" means not only these Terms and Conditions but also any other agreements relating to the Services to be executed between the Company and the User.
(2) "IP Rights" means copyrights, patents, trade marks. utility rights, design rights and other intellectual property rights (including rights to obtain or to apply for registration of such rights).
(3) "Company" means Sunborn Inc.
(4) "Website" means such website as may be from time to time operated by the Company, whose domain name is (http://machibito.co/ ) (or if such website's domain name or content has been modified for any reasons, such modified website).
(5) "Services" means any and all services provided by the Company under the name machibito (or if such name or the content of such services has been modified for any reasons, such modified services).
1. The user shall be responsible for all actions taken using this service as well as their results, regardless of whether the user conducted the action him or herself. The Company shall not be responsible for any loss or damages incurred by the user due to such action and its result.
2. The Company shall not be liable for any damages incurred by the user in relation of any content of this service.
3. In the case that the user wishes to make an inquiry or a complaint on the actions taken by another party, the user shall notify the said other party directly and be responsible for resolving the issue and for any payment that may arise with regard to the result.
4. In the case that the user causes damage to this company or another party through the use of this service (including damages incurred by another party or this company as a result of the user's failure to perform the obligations indicated in the terms of service), the user shall be responsible at its expense, for compensating for the damage.
5. The user agrees to the display of pages with x-rated expressions in this service by this company.
Any fees incurred by the user with regard to internet access shall be borne by the user.
When using the Services hereunder,the User may not conduct any of the following acts or any act that the Company determines falls under any of the following:
(1) acts that violate any laws or regulations or that are associated with criminal activity;
(2) acts that defraud or threaten the Company, other Users or other third parties;
(3) acts against public order and good morals;
(4) acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or profit of the Company, other Users or other third parties;
(5) acts to transmit to other Users, through the Services, any of the following or any transmissions that the Company determines includes under any of the following:
- excessively violent or cruel content;
- computer viruses or other hazardous computer programs;
- content that damage the reputation or the credit of the Company, other users of the Services or other third parties;
- excessively indecent content;
- content that encourages discrimination;
- content that encourages suicide or self-mutilation;
- content that encourages drug abuse;
- antisocial content;
- content for the purpose of disbursing information, such as chain mails;
- contents that causes uncomfortable feelings to third parties;
- content for the purpose of encountering unacquainted persons of the opposite sex;
(6) acts that place an excessive burden on the network or system of the Services;
(7) acts that threaten to interrupt the operation of the Services;
(8) acts to access or attempt to access the system or network of the Services improperly;
(9) acts to impersonate a third party;
(10) acts of exploitation, advertisement, soliciting or marketing without the Company's prior consent;
(11) acts to collect information of other users of the Services;
(12) acts that cause disadvantage, damage or uncomfortable feelings to other users of the Services or other third parties;
(13) acts that violate the Rules;
(14) acts to provide Antisocial Forces with profit;
(15) acts that are intended to encounter unacquainted persons of the opposite sex;
(16) acts that,directly or indirectly, evoke or facilitate acts listed in the preceding items; or
(17) other acts that the company deems to be inappropriate.
1. The Company shall be entitled to, without any advance notice to the User, suspend or discontinue the Services, in whole or in part, in the event that;
(1) Inspection or maintenance of the computer system for the Services needs to be performed due to urgent circumstances;
(2) Computers or communication lines have been disrupted due to an accident;
(3) The Company becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm, and flood damage, power blackout and other natural disasters; or
(4) The Company determines that suspension or discontinuance is required for other reasons.
2. Under no circumstances shall the Company be liable for any damages incurred by the User arising out of any measures taken by the Company pursuant to this article.
Any and all IP Rights related to the Website and the Services are expressly reserved by the Company or the Company's licensor.
1. The Company shall be entitled to at any time modify or terminate the Services in its own discretion. The Company shall notify in advance the User of any intended termination by the Company of the Services.
2. The Company shall not be liable for any damages incurred by the User arising out of, orin connection with, any actions taken by the Company pursuant to this article.
1. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES(including but not limited to any representation or warranty (i) of fitness or suitability for a particular purpose contemplated by the User, (ii) that the Services have expected functions, commercial value, accuracy, or usefulness, (iii) that the use by the User of the Services complies with the laws and regulations applicable to the User or any internal rules established by industrial organizations, and (iv) that the Services will be free of interruption or defects).
2. Under no circumstances shall the Company be liable for any damages incurred by the User arising out of discontinuance, suspension, termination, unavailability, or modification by the Company of the Services, cancellation or loss of messages or information transmitted by the User to the Services, or failure of or damage to equipment through the use of the Services, or otherwise in connection with the Services ("Damages").
2. The Company may, in its sole discretion, use or make public any information or data provided by the User to the Company as statistical information in a form that cannot identify an individual, and the User may not challenge or dispute such use.
The Company reserves the right to amend or change these Terms and Conditions. In the event of any amendment or change to these Terms and Conditions, the Company shall notify the User thereof. If the User uses the Services, the User shall be deemed to have agreed to such amendment or change to these Terms and Conditions.
Any inquiries with respect to the Services or other communications or notices from the User to the Company, or the notices concerning any amendment to these Terms and Conditions or other communications or notices from the Company to the User shall be made in accordance with the procedures specified by the Company.
If any provision of these Terms and Conditions or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect.
1. These Terms and Conditions shall be governed by the laws of Japan. If there are sales of goods in the Services, the United Nations Convention on Contracts for the International Sales of Goods (CISG) shall not apply.
2. Any and all disputes arising out of or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.