CLINKme TERMS OF USE

These Terms of Use (hereinafter, “these Terms of Use”) set forth the terms of use for the “CLINKme” services (hereinafter, the “Services”) provided by CLINK Inc. (hereinafter, the “Company”). All users (hereinafter, “User” or “Users”) are asked to use the Services in accordance with these Terms of Use.

Article 1 (Application)

  1. These Terms of Use shall apply to all relations between Users and the Company related to the use of the Services.

  2. In addition to these Terms of Use, the Company may establish rules and other various provisions for use (hereinafter, “Individual Rules”). The Individual Rules, regardless of how named, shall constitute a portion of these Terms of Use.

  3. In the event the provisions of these Terms of Use contradict the provisions of Individual Rules, unless otherwise prescribed in the Individual Rules, the provisions of the Individual Rules shall prevail.

Article 2 (Definitions)

  1. The definitions of the terms used in these Terms of Use shall be as prescribed in the following respective items:

    1. "Site" shall mean the website operated by the Company, which consists of a group of webpages affiliated with the "clinkme.jp" domain name;

    2. "Services" shall mean the services provided by the Company on the Site under the name "CLINKme"; and,

    3. "User" or "Users" shall mean the persons registering for use in accordance with the provisions of Article 3.

Article 3 (Member Registration)

  1. Persons who desire to register for the Services shall, upon consenting to these Terms of Use, apply for use registration in the method prescribed by the Company, and use registration shall be deemed completed once the application is approved by the Company. In the case of a minor, the comprehensive consent of a parent must be obtained prior to registration.

  2. The Company may not approve an application for use registration in the event it determines that the following grounds exist with regard to the applicant for use registration. The company shall bear no duty whatsoever to disclose such grounds:

    1. When falsified matters are reported when applying for use registration;

    2. When an application is made by a person who did previously violate these Terms of Use; and,

    3. When the Company otherwise determines use registration to be inappropriate.

Article 4 (User ID and Password Management)

  1. Users shall be responsible for the appropriate management of their User IDs and passwords for the Services.

  2. In no case shall Users assign or lend their User IDs and passwords to third parties, and in no case shall Users be entitled to share their User IDs and passwords to third parties. In the event the User ID and password combination matches the registered information, the Company shall deem this use by the User registering that User ID.

  3. Absent willfulness or gross negligence on the part of the Company, the Company shall not be liable for any damages arising from the use of a User ID and password by a third party.

Article 5 (Use Fees and Payment Method)

  1. As consideration for the paid portion of the Services, Users shall pay the use fees separately prescribed by the Company and displayed on the Website in the method designated by the Company.

  2. In the event a User is late in the payment of use fees, the User shall pay delay damages assessed at the rate of 14.6% per annum.

Article 6 (Prohibited Matters)

Users must not engage in the following behavior in the use of the Services:

  1. Behavior that violates laws and regulations or public order and morality;

  2. Behavior related to criminal activity;

  3. Behavior that destroys or interferes with the Company, other Users of the Services or the function of third party servers or networks;

  4. Behavior that would likely interfere with the operation of the Company’s services;

  5. The collection or accumulation of the personal information and the like of other Users;

  6. Unauthorized access or attempts thereat;

  7. Impersonating other Users;

  8. Directly or indirectly providing benefits to antisocial forces in connection with the Company’s services;

  9. Infringing on the intellectual property rights, image rights, privacy, honor or other rights or interests of the Company, other Users of the Services or third parties;

  10. Uploading to the Services, sending or the like (hereinafter, “uploading, etc.”) content that contains or the Company determines contains the following expressions:

    1. Excessively violent expressions;

    2. Explicitly sexual expressions;

    3. Expressions that lead to discrimination based on race, nationality, creed, gender, social status, lineage or the like;

    4. Expressions inducing or encouraging suicide, self-injury, drug abuse or the like;

    5. Expressions that damage the honor or credit of others;

    6. Expressions including one’s own personal information or the personal information of others;

    7. Expressions including clearly falsified (differing from the truth) information; and,

    8. Expressions including other antisocial content that make others uncomfortable;

  11. Behavior for the following purposes or determined to be for the following purposes by the Company:

    1. Behavior for the purpose of sexual or obscene acts;

    2. Behavior for the purpose of meeting or dating unknown members of the opposite sex;

    3. Behavior for the purpose of harassing or defaming other Users;

    4. Behavior for the purpose of causing detriment, damage or discomfort to the Company, other Users of the Services or third parties;

    5. Other Use of the Services for purposes other than the intended purposes of the Services;

    6. Religious activities or solicitations to religious groups;

    7. Behavior for the purpose of pre-election campaigns or election campaigns; and,

    8. Other behavior determined to be inappropriate by the Company.

Article 7 (Suspension of Provision of Services, etc.)

  1. When determining any of the following grounds exist, the Company shall be entitled to suspend or discontinue the provision of all or a portion of the Services without notice:

    1. When engaging in the maintenance, inspection or updating of the computer system for the Services;

    2. When the provision of the Services is rendered difficult by an earthquake, lightning strike, fire, power outage, disaster or other force majeure;

    3. When suspended due to an accident to computers, communications lines or the like; or,

    4. When the provision of the Services is otherwise determined to be difficult by the Company.

  2. The Company shall not be liable for any detriment or damages suffered by Users or third parties due to the suspension or discontinuance of the provision of the Services.

Article 8 (Intellectual Property Rights)

  1. Users shall be entitled to use the Services and engage in uploading, etc. on with respected to the text, images, videos and other information (hereinafter, “Content”) for which the hold the copyrights or other required intellectual property rights, or which are licensed by the required right holder.

  2. The copyrights for the text, images, videos and the like uploaded, etc. by Users using the Services shall be retained by the corresponding Users or other existing right holder; provided, however, that the Company shall be entitled to use the Content uploaded, etc. using the Services to the extent necessary to improve the Services, enhance quality, correct defects or the like and the publicity and promotion of the Services and the like, and the Users shall not exercise moral rights with regard to this use.

  3. Except for as prescribed in the main clause of the preceding paragraph, all copyrights and other intellectual property rights for the Services and all information related to the Services shall revert to the Company or the right holder licensing use to the Company, and Users must not duplicate, transfer, lend, translate, alter, reprint, publicly transmit (including making available for transmission), transmit, distribute, publish, engage in commercial use or the like thereof without authorization.

Article 9 (Use Restrictions and Cancellation of Registration)

  1. In the event a User corresponds to any of the following, the Company shall be entitled to not display the Content uploaded, etc. by the corresponding User, restriction use of all or a portion of the Services for the User, or cancel the registration of the User without prior notice:

    1. When in violation of any of the provisions of these Terms of Use;

    2. When registration matters are discovered to have been falsified;

    3. Upon suspension of the use of the credit card notified by the corresponding User as the means of settlement;

    4. When failing to pay fees or other payment obligations;

    5. When failing to respond to communications from the Company for a certain time period;

    6. When failing to use the Services for a certain time period from one’s last use;

    7. When the Company otherwise determines that use of the Services would be inappropriate;

    8. When corresponding to any of the respective items of the preceding paragraph, User’s shall have all obligations owed the Company automatically accelerated, and must immediately pay in a lump sum all obligations owed at that point in time.

  2. Except in those instances where the Company is found to be willful or grossly negligent, the Company shall not be liable for any of the damages suffered by Users due to the actions conducted by the Company pursuant to this Article.

Article 10 (Withdrawal)

Users shall be entitled to withdraw membership from the Services under the withdrawal procedures prescribed by the Company.

Article 11 (Disclaimer of Warranty and Exclusion from Liability)

  1. The Company does not expressly or implicitly warrant that the Services and the Content uploaded, etc. by Users using the Services are free of factual or legal defects (including defects, errors, bugs, infringements of rights and the like related to safety, reliability, accuracy, completeness, effectiveness, suitability for a specific purpose, security and the like).

  2. Absent willfulness or gross negligence on the part of the Company, the Company shall not be liable for any damages suffered by the Users due to the Services.

  3. Even when the Company is liable, the Company shall not be liable for the portion of the damages suffered by Users due to the default or tort caused by the neglect (excluding gross negligence) of the Company which are damages arising from special circumstances (including instances where the incurrence of damages is foreseen or foreseeable by the Company or the Users). In addition, compensation for the damages suffered by Users due to the default or tort caused by the neglect (excluding gross negligence) of the Company shall be limited to a maximum of the amount of use fees received in the month in which the corresponding damages are incurred.

  4. The Services may be linked to external websites and the like, but the Company shall not be liable for any links outside the Services (Content, advertisements, products, services and the like embedded in the links or made available at the corresponding links).

  5. The Company shall not be liable for any transactions, communications, disputes or the like between Users and other Users or third parties, related to the Services.

Article 12 (Modification of Service Content, etc.)

The Company shall be entitled to modify the content of the Services or suspend the provision of the Services without providing notice to the Users, and shall not be liable for any damages suffered by Users due to these modifications.

Article 13 (Modification of Terms of Use)

The Company shall be entitled to arbitrarily modify all or a portion of these Terms of Use or shall be entitled to establish new provisions supplementing these Terms of Use without providing prior notice to Users. Modifications and additions to these Terms of Use shall take effect from the time they are published on the Site providing the Services, and after taking effect the respective provided services shall be governed by the modified or added terms. Use of the Services by Users after the modification of terms or addition of updates shall be deemed Users’ consent to the modification of these Terms of Use.

Article 14 (Handling of Personal Information)

The Company shall appropriately handle the personal information obtained through the use of the Services in accordance with the Company’s “Privacy Policy”.

Article 15 (Notices and Communications)

Notices and communications between Users and the Company shall be conducted in the method prescribed by the Company. Absent notifications of changes from Users made in accordance with the method separately prescribed by the Company, the Company shall provide notices and communications to the currently registered contact information, which shall be deemed effective, and these notices and communications shall be deemed to have reached Users when sent.

Article 16 (Prohibition on Assignment of Rights and Obligations)

Absent the prior written consent of the Company, Users shall not be entitled to assign to third parties or provide as collateral their status under the use agreement or their rights and obligations under these Terms of Use.

Article 17 (Governing Law and Court of Jurisdiction)

  1. The interpretation of these Terms of Use shall governed by the laws of Japan.

  2. The Tokyo District Court or Tokyo Summary Court, depending on the amount of the action, shall be the court with exclusive jurisdiction by agreement over the disputes related to the Services.