Article 1 General Provisions
SAKETIMES (hereinafter referred to as, “The Service”) is a service provided by Clear Inc. (hereinafter referred to as, “The Company”). These Terms of Service apply to anyone who makes use of The Service and/or any of its related services for any purpose (hereinafter referred to as, “The User”). By using The Service, The User is legally deemed to be willingly in full agreement with the provisions stipulated in these Terms of Service in their entirety, commencing from the time in which The User first utilizes The Service. Should The User disagree with any part of the Terms of Service, this is recognized solely through The User’s act of refraining to use The Service.
Article 2 Use of The Service
The Company shall, as a general rule, provide The Service to The User free of charge; provided, however, that The Company may charge for some part of The Service, as well as sell products through, or in relation to The Service. The Users agrees to burden all fees, including, but not limited to, communication fees, Internet connection fees, and fees related to devices and services necessary in order to use and operate The Service. The User shall comply with the stipulations of these Terms of Service when using The Service and shall only use The Service in a manner intended and directed by The Company. The User is strictly forbidden from selling, publishing, or using any information obtained through use of The Service which extends beyond the scope of what The Company deems to be standard, private use, unless formally approved to do so by The Company (which includes any approval necessary in relation to a third party in instances where a third party has rights or partial rights to said information).
Article 3 Copyrights, Trademarks and Intellectual Property
Copyrights, trademark rights, and any other intellectual property rights pertaining to content associated with The Service belong to The Company and/or the original supplier of such information. Copyrights, trademark rights, and any other intellectual property rights pertaining to The Service as an assembly of individual content belong to The Company in their entirety. In accordance with these rights, The User shall not reprint, copy, republish, rebroadcast, publicly distribute, or utilize these properties in any manner which infringes upon these rights and legal ownership of these properties without prior expressed written consent of The Company.
Article 4 Linking to the Service
The User is generally permitted to link to The Service, however actions with the following intent(s) and/or potential results/consequences may be forbidden based upon the rights and judgement of The Company.
(ii) Linking for non-profit activities of a company/group that is not deemed to be an individual;
(iii) The Company has deemed the action to infringe on copyright and/or rights pertaining to related trademarks, intellectual property, etc., as stipulated in Article 3;
(iv) Direct link(s) to an image posted on The Service (pertaining to image display);
(v) The action may potentially result in social/economical loss for The Company;
(vi) Linking in a manner which embeds The Company’s website in a unique frame;
(vii) A third party possesses the copyright and forbids linking to the related content;
(viii) Any other form of linking that The Company deems may impede/hinder operation of The Service.
Article 5 Comment Posting and Trackbacks
Trackbacks may be sent from The Service to a blog and/or other service of that of a third party. Furthermore, content authors of The Service may post comments and send trackbacks to a blog and/or website run by a third party. Such acts are deemed in accordance with the related website’s trackback and comment policies.
Article 6 Links from The Service
In the Service, other websites and resources may be linked to, and a third party may provide links to other websites and resources. Such websites and resources are managed by their respective management bodies and therefore The Company has neither the right, nor obligation to manage and/or monitor such websites and resources. As such, The Company does not guarantee, and is in no way liable for the usability of these websites and resources, nor the advertising, products, content, services, or anything else that may be deemed associated with these websites, services, and/or resources. The Company shall take no responsibility and is entirely free of liability should The User suffer any form of loss through the use of such websites and resources.
Article 7 Exemption from Liability; Disclaimer
Note that while The Company shall strive to:
(i) assure that The Service provides an array of material, such as, but not limited to, articles, diagrams and figures, photos, software, programs, other forms of material (hereinafter referred to as, “Content”) that are legal, correct, and timely;
(ii) maintain The Service to a degree that The Company deems to be suited to the needs of The User;
(iii) assure that problems, errors, or disturbances do not occur in the provision of The Service;
(iv) promptly correct any problems or errors in software that The Company recognizes to have arisen as a result of an error in The Service;
and as a result, will strive to engage in the above in order to provide the best possible user experience, however, The Company does not guarantee the above (Article 7, i-iv), and is under no circumstance legally obligated to engage in these practices and provide this level of service to The User. As a result, The Company is not liable for any damages, loss, and/or inconveniences which me be incurred by The User through use of The Service, nor any other form of damages which The User may suffer through the use of any service, feature, element, resource, or otherwise, which may be deemed to be of any relation to The Service. Should any form of dispute arise pertaining to the use of The Service, whether that dispute be between The User and a third party, or mutually between The Users, in such cases, The User is solely responsible for resolving said dispute in a manner which results in absolutely no loss or damages to The Company. Note that The Company may temporarily suspend the provision of The Service or restrict use of The Service for operational or technological reasons without any prior notice to The User. Furthermore, provision of the service may be delayed and/or restricted for these same reasons, as listed above. In such cases, The User may not claim any damages, nor pursue compensation from The Company for any perceived damages they may have suffered. There may be cases in which The User is unable to make adequate use of The Service due to the communication environment, the environment of The User’s device, or for other reasons; as well as in instances where membership registration/cancellation is not completed. In such cases, The User may not pursue compensation from The Company for any damages they may have suffered.
Article 8 Prohibitions
The Company prohibits The User from acting in accordance with, or engaging in acts that may be deemed to be in accordance with any of the following items when using The Service.
(i) Acting as or using the name of any full-time writer, guest writer, content contributor, or any other affiliated person of The Company;
(ii) Sending or writing any harmful computer program or the like;
(iii) Reforming, reverse engineering, analyzing, or creating disruptive utilities and/or programs and the like pertaining to The Service;
(iv) Any act that may potentially hinder the operation of The Service, such as accessing The Company’s server, or any other unauthorized or harmful act which may affect The Service;
(v) Business-related and/or activities which pursue and/or may result in financial gain, or engaging in any preparation/planning of such activities which utilize The Service and/or any portion of The Service;
(vi) Any form of campaigning or similar acts, including any action that infringes upon the Public Office Election Law;
(vii) Any act that infringes upon property and/or privacy rights, as well as rights pertaining to usage of one’s likeness of The Company, another User, or a third party;
(viii) Improperly using, transferring, or selling the email address or any other personal information of another User;
(ix) Any act that infringes upon copyright, or any other intellectual property right of The Company, another User, or a third party;
(x) Writing, transmitting, sharing, and/or proliferating false and/or potentially damaging information within The Service;
(xi) Criminal acts, or acts which may potentially lead to or result in a criminal act;
(xii) Slandering another person’s good name, including The Company, another User, and/or third party, or infringing their rights in any way;
(xiii) Sending or posting content which may be deemed to be obscene, violent, or otherwise inappropriate for a young audience, including, but not limited to, any images or text that features graphic sexual content;
(xiv) Any act of ethnic or racial discrimination;
(xv) Any other act which is in violation of any laws and/or regulations, including those which may potentially disrupt public order may be deemed to violate standards of decency.
Article 9 Breach of Terms
Should The Company determine that The User has breached any one, and/or combination of the terms outlined within these Terms of Service, The Company may suspend or prohibit the use of The Service for The User and not publish or delete any posts created by said User. Further, should The User be a member of The Service, The Company has the freedom and discretion to delete the membership of The User without any prior notification.
Article 10 Damages and Compensation
Should The Company or a third party suffer any loss and/or damages as a result of the use of The Service, The User burdens full responsibility for full compensation to The Company in relation to said damages. The User is responsible for paying for and resolving any claims or invoices resulting from or pertaining to a The User’s breach of these Terms of Service and/or the infringement of rights upon a third party by a The User. Furthermore, in the event that The Company may be required to make payments as a result of needing to respond to said claim or invoice, or in the event that The Company has paid compensation or the like, The User bears full responsibility to pay The Company said fees, compensation, or the like (including, but not limited to, any legal fees and/or such fees or charges).
Article 11 Alteration to Terms of Service
The Company may alter the content of these Terms of Service at any time without any prior notification to The User(s) and without prior approval from The User(s). Changes to these Terms shall come into effect the instance The Company posts the updated Terms which reflect these alterations on the website of The Service. By using The Service, The User is deemed to have fully agreed to the updated/altered content of the Terms, included the Terms of Service in their entirety.
Article 12 Alteration, Suspension, and Cancellation of Service or Service Content
The Company may alter the content and/or functions of The Service, as well as suspend or cancel provision of said content without any prior notification to, or consent of The User(s). The Company plans to make various additions and alterations to The Service in pursuit of business progress. The Company shall not be responsible for any damages or loss that The User may suffer as a result of said alterations, suspension or cancellation of any feature and/or portion of The Service.
Article 13 Protection of Personal Information
The Company shall handle the personal information of The User obtained through The User’s engagement with The Service in accordance with the stipulations of the personal information protection management system employed by The Company, as well as in line with the Protection of Personal Information Act and other related laws.
Article 14 Cookies
A cookie is a piece of information, such as a record of use, that is sent from a server to The User and is saved as a file on The User’s computer in order to effectively make use of the Internet. The Company may send and receive cookies in order to improve the content and services provided on a website or The Service, such as permitting The User to customize websites in accordance with the individual needs of The User, as well as for other reasons. The User is free to not accept cookies by making appropriate adjustments to browser settings. In such cases, however, some functions of The Service may be restricted and/or fail to operate as intended by The Company.
Article 15 Implementation of Google Analytics
Google Analytics: Privacy Overview https://www.google.com/intl/ja/analytics/privacyoverview.html
Article 16 Other
These Terms of Service shall be interpreted in accordance with the laws, rules and regulations of the nation of Japan. In the event of a dispute arising as a potential result of The Service or these Terms, the Tokyo Summary Court or the Tokyo District Court shall be the exclusive consensus court of jurisdiction in relation to said claims.