Terms of service

Enacted August 20, 2010

Article 1: Introduction
  1. 1.These Terms of Service (hereafter referred to as the "TOS") apply to any and all acts by users when using the services provided on this website by Destiny International Co., Ltd. (hereafter referred to as the "Company").
  2. 2.The TOS defines the terms of use of these services. Users shall use these services in accordance with the TOS.
  3. 3.By using these services, users agree to all statements made in the TOS.
Article 2: Definitions

The definitions for the terminology used in the TOS shall be as follows.

  • 1. The website
    The website (PC site address:http://en.fallineyez.com/) titled "Fall in Eyez(R)" operated by the Company.
  • 2. The services
    The services provided through the website
  • 3. Other terms of service, etc.
    Provisions other than the TOS, regardless of the name by which they may be called, which define the terms of service of the services.
  • 4. User
    All persons that use the website.
  • 5. Registered email address
    An email address provided by a user to the Company for the purpose of receiving the services.
  • 6. Password
    A character string used for the purpose of identifying whether a person is indeed the person a registered email address belongs to when using the services.
  • 7. Reviews and other information and review screens, etc.
    Information that can be submitted when using the services.
  • 8. Submission
    Information that a user uploads to the website.
Article 3: Scope of the TOS
  1. 1.The terms of use of the services of the website are regulated by the TOS and other terms of use, etc. Other terms of use, regardless of the name by which they may be called, shall compose part of the TOS.
  2. 2.Should the provisions of the TOS and other terms of service, etc. differ, the provisions of the applicable other terms of service, etc. shall take precedence.
Article 4: Changes to the TOS
  1. 1.The Company shall, at the Company's judgment, be able to change the TOS at any time for any reason.
  2. 2.Excluding as otherwise determined by the Company, the changes to the Terms of Service shall take effect from the time they are displayed on the website.
  3. 3.Should a user use the services after changes to the Terms of Service have taken effect, that shall be considered as the user having agreed to all statements made in the updated terms of service.
Article 5: Handling of personal information

The Company shall appropriately handle personal information based on the Privacy Policy

Article 6: Privacy of communications
  1. 1.The Company protects the privacy of user communications based on Article 4 of the Telecommunications Business Act (Act No. 89 of 1984).
  2. 2.Should one of the following items apply, the company shall not be obligated to protect the privacy of communications as described in the preceding paragraph within the scope described in the following items.
  • 1.Should the Company receive a compulsory disposition or court order issued under the regulations of the Code of Criminal Procedure (Act No. 131 of 1948) or the Act on Wiretapping for Criminal Investigation (Act No. 137 of 1999), within the scope of the applicable disposition or court order.
  • 2.Should the Company receive a compulsory disposition issued under laws and regulations, within the scope of the applicable disposition or order.
  • 3.Should the Company determine that the conditions for a request for disclosure issued under Article 4 of 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(Act No. 137 of 2001) have been met, within the scope of the applicable request for disclosure.
  • 4.Should the Company determine that it is necessary for the protection of the life, health, or assets of another person, within the scope necessary to protect the life, health, or assets of another person.
Article 7: Provision of Information

The company will deliver announcements about new services, advertisements, business information related to the operation of the services, and other information to users. However, should a user notify the Company via a method prescribed by the Company of a desire not to receive this information in advance or after the fact, the Company shall not deliver this information excepting as necessary for the provision of the services.

Article 8: Refusal of purchase

Should any of the following apply, the Company may, at the Company's judgment, refuse a purchase.

  • 1.Should the user attempting to make a purchase have previously had their member's account revoked for violating the TOS or other terms of service, etc.
  • 2.Should the Company have otherwise determined purchase to be inappropriate.
Article 9: Withdrawal of member's account
  1. 1.Should a user desire to withdraw their member's account, the user shall make a request to the Company for the withdrawal via a method prescribed by the Company.
  2. 2.Should any of the following apply, the Company may, at the Company's judgment, revoke a user's member's account and refuse that user the use of the services.
  • 1.Should the user have violated the TOS or other terms of service, etc.
  • 2.Should the Company have otherwise determined purchase to be inappropriate.
Article 10: Registered email address and password management
  1. 1.Users must register a useable email address under their own control and must register a new useable email address under their own control when the email address they have registered is no longer under their own control.
  2. 2.Users shall endeavor to prevent the misuse of their registered email address and password and shall be fully responsible for this.
  3. 3.Excluding gross negligence by the Company, the company bears absolutely no responsibility of any kind for damages, etc. incurred due to the use of a user's registered email address or password by a third party.
Article 11: Account possession
  1. 1.Users shall possess one member's account per person. A single user may not possess multiple accounts nor may multiple users possess a single account together. However, this excludes accounts specially approved by the Company.
  2. 2.Under no circumstances may a user transfer or lend their member's account to a third party.
Article 12: Maintenance of usage environment
  1. 1.Users shall properly maintain the equipment, software, and means of communication necessary for using the services on their own responsibility and at their own expense.
  2. 2.Users shall take security measures, including preventing infection by computer viruses, unauthorized access, and information leaks, appropriate to their own usage environment.
  3. 3.The Company has absolutely no involvement in and bears absolutely no responsibility for users' usage environments.
Article 13: User responsibility
  1. 1.Users shall use the services at their own risk and shall bear full responsibility for any and all acts as well as their results when using the services.
  2. 2.The responsibility for information such as reviews and images submitted by a user when using the services shall belong to the user him- or herself. The Company bears absolutely no responsibility for the content of information such as reviews and images submitted by a user when using the services.
  3. 3.Should a user defame another person, infringe on the right to privacy, disclose personal information to a third party without permission, violate the Copyright Act (Act No. 48 of 1970), or otherwise engage in acts which infringe on the rights of another person, said user must resolve the issue on their own responsibility and at their own expense, and the Company will bear absolutely no responsibility.
  4. 4.Users shall be aware that the Company has no responsibility to preserve the information such as reviews and images submitted by a user when using the services and users shall make appropriate backups of necessary information.
Article 14: Prohibitions

When using the services, users must not engage in the following acts. Should these prohibitions be violated, penalties such as revocation of a user's member's account or suspension of the use of the services may be applied.

  • 1.Acts that infringe on or acts that are likely to infringe on the Company or another person's intellectual property such as copyright and trademark signs.
  • 2.Acts that infringe on or are likely to infringe on the Company or another person's assets, privacy, or portrait rights.
  • 3.Acts that unfairly discriminate against or slander the Company or another person, promote the unfair discrimination against another person, or defame or tarnish the image of another person.
  • 4.The act of making use of the services while impersonating a person other than oneself, feigning right of representation or power of attorney despite not having such authority, or falsely claiming to be affiliated with or to have a cooperative relationship with another person or organization.
  • 5.The act of submitting the following information in reviews.
  • (A)Information that slanders the item being reviewed (including staff and authors regardless of whether the immediate item being reviewed is a restaurant or book, etc.).
  • (B)Information that could reveal the identity, address, place of employment, or telephone number, etc. of an individual. This includes information that could reveal an individual by comparing it with information concerning the item being reviewed.
  • (C)Information unrelated to the item being reviewed.
  • (D)Information for which its truth would be difficult to verify or false information.
  • (E)Information which should be reported to an official body, etc. such as hygiene management problems.
  • (F)Information concerning problems with or complains against the item being reviewed.
  • (G)Other information determined inappropriate by the Company.
Article 15: Service changes, etc.

The Company may at the Company's discretion add to, change, suspend, or terminate the services for any reason and at any time.

Article 16: Usage fees

Excluding as otherwise provided, the services shall be free.

Article 17: Rights concerning reviews, etc.

Users who submit information such as reviews when using the services shall guarantee that the information in their review, etc. does not infringe on the rights of a third party. In the unlikely event that a dispute should arise with a third party, the applicable user shall resolve the problem at their own expense and on their own responsibility and shall not cause any trouble or damage to the Company.

Article 18: Licensing, etc. of information such as reviews
  1. 1.Copyright, author's moral right, and other rights (rights related to copyright and author's moral right, etc.) concerning information such as reviews submitted while using the services belong to the user that produced it.
  2. 2.The Company shall be able to use information submitted by users within the scope necessary for the smooth provision of the services, construction of Company systems, their improvement, and their maintenance.
  3. 3.When using information such as reviews as established in the preceding paragraph, the Company shall be able to omit or part of the information or the identity of the user who produced it and shall be able to alter it.
  4. 4.When using information such as reviews as established in Paragraph 2, the Company may exceed the scope of public disclosure for the information established by the user that produced it.
Article 19: Disclaimers
  1. 1.The Company does not participate in user communications or activities. Even in the unlikely event of a dispute between users, the Company will not bear responsibility and the applicable users shall resolve the problem between themselves.
  2. 2.The Company bears absolutely no responsibility for any damage that may be incurred due to additions or changes to the content of the services due to the suspension or termination of the services. The same applies to damage, etc. that may be incurred due to declines in the display speed of the services caused by excessive access and other unforeseen causes.
  3. 3.The Company bears no obligation to monitor or save information such as reviews submitted by users.
  4. 4.The Company bears no responsibility as to the lawfulness, morality, authenticity, or correctness of information such as reviews submitted by users. The Company also bears no responsibility as to information such as reviews submitted by users complying with internal standards, etc. of corporate bodies or organizations that applicable users belong to.
  5. 5.Should the following apply, the Company shall be able to inspect and save the applicable information such as reviews and disclose it to a third party (hereafter referred to as "inspect, etc."). The Company shall bear absolutely no responsibility for any damage that may be incurred as a result of this.
  • 1.Should it be necessary to clarify or eliminate the cause of a technical defect in the services.
  • 2.Should the Company receive a formal inquiry under the laws and ordinances from an official body such as a court of law or the police.
  • 3.Should the Company determine that it is necessary to verify the content of information such as a review when an act which violates the TOS has occurred or when it is likely that an act which violates the TOS has occurred.
  • 4.Should the Company determine that there is urgent need and there is an imminent danger to a person's life, health, or assets, etc.
  • 5.Should any of the items of Article 6, Paragraph 2 apply.
  • 6.Should the necessity otherwise occur in order for the appropriate operation of the website.
  1. 6.Should the Company determine that there is sufficient and suitable reason to believe that an act which violates the TOS or other terms of service or is likely to violate the TOS or other terms of service has occurred, the member's account of the user that conducted the applicable act may be revoked, their information such as reviews may be deleted in whole or in part, and the privacy settings may be changed; and the Company will bear absolutely no responsibility for any and all damages incurred as a result of these actions.
  2. 7.Should the TOS or other terms of service, etc. correspond to a consumer contract as described in Article 2, Paragraph 3 of the Consumer Contract Act (Act No. 61 of 2000), provisions completely exempting the Company's from the liability for damages detailed in the TOS and other terms of service, etc. shall not apply. In this event, the Company shall bear the maximum liability for the damages directly sustained by a user when the damage to the applicable user was due to default or illegal activity by the Company. However, this is limited to when there is gross negligence by the Company.
Article 20: The Company's deletion authority

Should any of the following apply, regardless of whether or not information such as a review is illegal or in violation of the terms of service, the company shall be able to apply penalties such as deleting the relevant information in whole or in part or change the privacy settings.

  • 1.Should information such as photographs or depictions of human (regardless of whether an actual person, including characters from comics and cartoons, etc.) nudity (meaning in a state of total or partial undress) be posted.
  • 2.Should a public institution or specialist (meaning an organization which verifies trustworthiness, internet or hotline center, or lawyer, etc. regulated by a country, local public body, or in the guidelines of 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) indicate or issue an opinion that information such as a review is illegal, opposed to public order and morals, or infringes on the rights of another person.
  • 3.Should a person representing themselves as the rights holder provide notification that information such as a review infringes on their rights. However, this is limited only to situations in which the person representing themselves as the rights holder has presented materials which make it possible to rationally determine that they are the rights holder and the Company has determined that they are the rights holder after careful examination.
  • 4.Should the Company otherwise determine such actions are necessary.
Article 21: Validity of the TOS and other terms of service, etc.
  1. 1.Even if a portion of the provisions of the TOS and other terms of service, etc. are determined to be invalid based on laws and ordinances, all other provisions of the TOS and other terms of service, etc. shall remain valid.
  2. 2.Even if a portion of the regulations of the terms of service, etc. are invalidated or are canceled for a user, the terms of service, etc. will remain valid for all other users.
Article 22: Measures taken in response to acts, etc. that violate the TOS and other terms of use, etc.
  1. 1.Should you discover an act that violates the TOS or other terms of service, etc., please inform the Company using the website's contact form. However, when using a specific service, particularly when a link has been created to report to the executive secretariat, please report using the applicable link.
  2. 2.Should a user be deemed to have violated the TOS or other terms of service, etc., or should the Company otherwise deem it necessary, the company will take the following measures against the applicable user.
  • 1.Request that the user not engage in the act, etc. that violates the TOS or other terms of service, etc. and request that similar acts not be repeated.
  • 2.Request that the information such as a review be voluntarily deleted or corrected.
  • 3.Delete the information such as a review in whole or in part, change the privacy settings, or make the information unviable (private).
  • 4.Revoke the user's member's account.
  • 5.Refuse the purchase of the user attempting to make a purchase.
  1. 3.A user who has had measures applied against them according to the provisions of Article 8; Article 9, Paragraph 2; Article 14; Article 20; or Paragraph 2 of this article for engaging in an act which violates the TOS or other terms of use, etc. shall be unable to challenge the applicable measures.
Article 23: Applicable laws and court of jurisdiction
  1. 1.The applicable laws of the TOS shall be the laws of Japan.
  2. 2.Should need for litigation between a user and the Company arise, the Tokyo District Court shall be the agreed exclusive jurisdiction of the court of first instance.
Supplementary provisions
  1. 1.The TOS will take effect from August 22, 2010.
  2. 2.The TOS applies to acts engaged in by users before the TOS takes effect as well.
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