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Kracie Group Social Media Use Agreement

Kracie Holdings, Ltd., and its Group companies (適racie Group) establish the following Kracie Group Social Media Use Agreement (this 鄭greement) for users of the official Kracie social media accounts that Kracie Group operates (the 填ser) regarding the use of the official Kracie social media accounts and services associated with them (the 鉄ervice).
This Agreement is the rule that will be applied when the User uses the Service. Kracie Group asks that you read the content of this Agreement carefully in order to use the Service in comfort.

Article 1 (Use of the Service)

It shall be considered that by providing writing, character strings, comments, still images and videos to the Service (撤osting), the User (includes all Users inside and outside Japan, the same applies below) agree that the provided writing, character strings, comments, still images and videos as well as information in general related to the provided writing, character strings, comments, still images and videos (the 撤rovided Information) will become visible and accessible on the Service, and, at the same time, that by Posting, the user agrees to this Agreement.
The consent of a guardian is required for use of the Service by a minor. It shall be considered that the consent of the guardian has been provided when the Service is used. However, Kracie Group asks you to be aware that people under the age of thirteen may not use Facebook.

Article 2 (Administrator Services, etc.)

  • (1) As a rule, Kracie Group may post comments regarding the User痴 Provided Information on the Service within the timeframe specified for the Service. However, Kracie Group asks you to be aware in advance that Kracie Group makes no assurance that it will respond to all posted comments.
  • (2) When it is found that the User痴 Provided Information on the Service falls under Article 3 (Prohibitions), Kracie Group may delete the Provided Information and take other necessary measures without any advance notice to users at its own discretion.
  • (3) When Kracie Group determines that the Provided Information falls under the following items or even in cases that the Provided Information does not clearly fall under Article 3 (Prohibitions), Kracie Group may delete the Provided Information without any advance notice to the User. It shall be considered that the User agrees to this act.
    • (a) When it is based on legislation;
    • (b) When it is necessary to protect human life, limb or property;
    • (c) When it is necessary to improve public health or promote the sound development of children;
    • (d) When it is necessary to cooperate with the execution of business stipulated under legislation by the State, a local government body or a person entrusted to execute such business, and there is a danger that obtaining consent will impede the execution of said business;
    • (e) When Kracie Group determines that it is necessary to respond to a claim against behavior that infringes the rights of a third party;
    • (f) When Kracie Group determines that it is necessary for the administration of the Service.
  • (4) With regard to the preceding paragraph, Kracie Group may store, disclose and provide to third parties (including subcontractors), all information relating to posts on the Service and any other behavior in which the User engaged in the use of the Service, records of said behavior and all information concerning the User who engaged in said behavior (including the personal information of the User, all information related to account registration, all other information related to use of the Service by the User and all network information such as IP addresses and time stamps confirmed by Kracie Group (the 填ser Information), and the User is considered to have agreed to this act.
  • (5) The User agrees that the User will not make any objection to Kracie Group regarding the deletion of the Provided Information by Kracie Group or any of the other measures in the preceding paragraph.
  • (6) Kracie Group asks that you refer to the Privacy Policy for any other information on Kracie Group痴 Handling of Personal Information.
    http://www.kracie.co.jp/eng/privacy/
  • (7) Kracie Group may subcontract operations related to administration of the Service to the affiliated or partner companies with which it has concluded confidentiality agreements, etc. (the subcontracted affiliated and partner companies hereinafter referred to as the 都ubcontractors). It shall be considered that the User agrees to the provision of the User Information to subcontractors for administration of the Service.

Article 3 (Prohibitions)

  • Kracie Group prohibits the acts listed below in the use of the Service, when Posting and in the Provided Information by the User.
    • (a) Any act that violates this Agreement;
    • (b) Any act that violates legislation and any act that aids, incites, coerces or promotes violation of legislation;
    • (c) Any act that overloads the servers for the Service;
    • (d) Any act that impedes use of the Service by other user;
    • (e) Any act that violates the reputation, public confidence, privacy, portrait rights, privacy rights, copyrights and other intellectual property rights of another person (includes all those stipulated under legislation in addition to those observed based on court precedent);
    • (f) Any act that constitutes slander, intimidation or harassment of another user;
    • (g) Any representation or act related to ethnicity, religion, race, gender, age, etc., that leads to discrimination;
    • (h) Any act that incites, induces or promotes suicide, group suicide, self-harm, illegal drug use or designer drug use, etc.;
    • (i) Any act that encourages meetings, etc. for the purpose of sexual intercourse or act of obscenity;
    • (j) Any sexual, indecent or violent representations or act, animal cruelty, and any other act that may cause excessive offense to another person;
    • (k) Any act to upload or post links to obscene videos;
    • (l) Posting of links to child prostitution and pornography and sites for downloading uncensored videos;
    • (m) All other acts that violate public decency and order and general common sense;
    • (n) Trading, auctions, monetary payments and similar acts without the permission of Kracie Group;
    • (o) Publicity and advertising of products or services without the permission of Kracie Group and any other act for the purpose of inciting spam or chain mail;
    • (p) Identity fraud through the use, etc. of the name of a third party or other company痴 organization;
    • (q) Any act that brings about unintentional views based on false or misleading information;
    • (r) Any other act that impedes the administration of the Service and any act that Kracie Group determines is inappropriate;
    • (s) Any other act equivalent to that in the preceding items.

Article 4 (Use of Account Information)

It is considered that the User agrees to the User Information being used in the Service as the user name for the use of the Service.

Article 5 (Copyright and Posts)

  • (1) The User shall not infringe the copyright of a third party in Posting. The unauthorized reproduction of photographs, images and writing from magazines, websites, TV, etc., is prohibited except when permission is obtained from the rights holder in advance.
  • (2) The User shall meet all of the following conditions in posts to the Service.
    • (a) Still images must meet the specified file format and file capacity (maximum 6MB). The specified file formats for still images are .JPG, .JPEG, .GIF, .TIF, .TIFF and .PNG files for personal computers.
    • (b) Videos must meet the specified file format and file capacity (maximum 20MB). The specified file formats for videos are .WMV, .AVI, .MOV, .MPG for personal computers.
    • (c) For mobile devices, Kracie Group asks that you send video files as they were taken. The capacity that can be attached is based on each mobile device.
    • (d) Kracie Group asks that the User post works used in still images and videos after obtaining consent or permission in advance from the copyright holders. Infringement of copyright and neighboring rights is also prohibited with regard to the inclusion of music.
    • (e) Posting or the Provided Information does not violate Article 3 (Prohibitions).
  • (3) When Kracie Group determines that the number of views has been increased or decreased through unauthorized means, Kracie Group may delete the provided information without any prior notice to the User, and the User agrees to this act.
  • (4) The copyright to provided information that the User posts without infringing the copyright of a third party and that is outside the scope of the copyright of Kracie Group or the rights holder will belong to the User. It will also be considered that the User licenses the right to use the Provided Information (including, but not limited to reproduction, copying, modifying, relicensing to a third party) free of charge to Kracie Group.
  • (5) Kracie Group asks that the User shall use the User痴 own works or those to which they have legitimate rights of use when the User posts. With regard to writing, the User shall not post the statements of third parties, except for 田itations under the Copyright Act.
  • (6) Kracie Group may at its own discretion use the Provided Information (user names and nicknames, etc., as well as still images and videos (including portraits)) only for the purpose of advertising, publicizing and promoting sales of Kracie Group痴 products and services, etc. Kracie Group asks the User to be aware of this act.
  • (7) When users include prohibited words that Kracie Group has specified in advance in the text of characters, character strings and comments in the Provided Information, the Group may delete the comment and substitute it with wording that has been stipulated in advance.
  • (8) Kracie Group may alter still images and videos in the Provided Information without preserving the integrity of the original material.
  • (9) The User shall not exercise the moral right of author with regard to deletions, substitutions or alterations of provided information.
  • (10) Kracie Group asks the User to be aware that the Provided Information does not in any way represent the opinions of Kracie Group and has not been checked by Kracie Group. Kracie Group also asks the User to be aware that while Kracie Group痴 employees participate independently in the Service and express their opinions, they merely state their own personal opinions and do not express the views of Kracie Group.

Article 6 (Environment)

  • (1) Kracie Group asks the User to be responsible for providing the equipment, software and telecommunications network needed to use the Service at his or her own responsibility and expense.
  • (2) Kracie Group asks the User to be responsible for taking security measures, including computer virus protection, at his or her own responsibility and expense.

Article 7 (Intellectual Property Rights)

  • (1) Kracie Group or the rights holder owns the intellectual property rights such as the copyright, or the license to all works, portraits, content and other information on the Service. Kracie Group asks the User to refrain from unauthorized use, except where permitted under the Copyright Act or other legislation.
  • (2) The rights to the trademarks shown in the Service belong to Kracie Group or the rights holders. Kracie Group asks the User to refrain from unauthorized use of trademarks without obtaining the permission of Kracie Group or the rights holder in advance.

Article 8 (Duties and Responsibilities of Users)

  • (1) In addition to the provisions in the terms and conditions of this Agreement, the User shall bear all legal liability, including infringement of copyright, portrait rights, etc., related to posts and provided information on the Service. The User shall also bear all liability or responsibility arising from violations, etc., of service agreements of social media that they use and bear all costs, including compensation for damages, arising from said violations, etc.
  • (2) In addition to the provisions in the terms and conditions of this Agreement, the User shall use the Service at his or her own responsibility and expense and shall use the information obtained through the use of the Service based on his or her own judgment and responsibility. The User shall also bear all liability, damages, etc., arising from the use of said information.

Article 9 (Authority to Delete and Alter)

  • (1) When it falls under any one of the following items, Kracie Group may immediately delete the Provided Information without any advance notice.
    • (a) When the User has violated this Agreement or any rules that have been separately provided for;
    • (b) When it is found that the Provided Information does not belong to the User;
  • (2) Kracie Group shall bear no liability to the User in question or to a third party regarding the deletion of the Provided Information.
  • (3) When Kracie Group determines it to be necessary, it may alter, suspend or terminate the content of the Service at any time without any notice to the User, etc.
  • (4) Kracie Group may, at its discretion, update, add to, alter, delete, etc., this Agreement and the content of the Service without any prior notice to the User, etc.
  • (5) Kracie Group shall bear no liability to the User, etc., with regard to alteration, suspension or termination of the Service.

Article 10 (Non-guarantees)

  • Kracie Group provides no guarantee for the following.
    • (a) Any malfunction or failure of the User痴 PC or mobile device arising from the Service;
    • (b) The accuracy of content or the integrity of products;
    • (c) That the content does not infringe the rights of a third party;
    • (d) That the Service will be perpetual;
    • (e) Guarantees, etc., of the credibility or efficacy, etc., of advertisers or matters regarding products;
    • (f) That use of the Service will meet the requirements of the User;
    • (g) That interruptions or errors will not arise in the use of the Service

Article 11 (Transfer, etc., of Rights and Obligations)

  • (1) The User may not transfer, relocate, set up as collateral, or dispose of in any other way to a third party the rights and obligations based on this Agreement without the prior written permission of Kracie Group.
  • (2) In the event that Kracie Group transfers, etc., any business related to the Service to another company (including but not limited to transfer of business, company split, etc.), it may transfer the contractual status, rights and obligations based on this agreement as well as the User registration particulars and other user information to the transferee. For the purposes of this Article, it is considered that the User agree to such transfer, etc., in advance.

Article 12 (Disclaimers)

  • (1) Kracie Group takes no part in and assumes no responsibility for the environment for the use of the PCs or mobile devices of users or a third party.
  • (2) Kracie Group assumes no responsibility for the content of the Provided Information posted by the User using the Service.
  • (3) Kracie Group assumes no responsibility for any damages caused by changes to content, interruption and termination of the Service.
  • (4) Kracie Group assumes no responsibility for any malfunctions that arise related to access to the Service for any unforeseen reasons.
  • (5) Kracie Group assumes no responsibility for the legality, morality, reliability or accuracy of provided information or products.
  • (6) Kracie Group assumes no responsibility for any matters related to advertisers.
  • (7) Kracie Group assumes no responsibility for the legality, reliability or accuracy of any website links from any of the pages of the Service.
  • (8) When the User uses the Service, Kracie Group provides no guarantees related to the accuracy, legality, morality, currency, appropriacy, etc., of information posted on the Service.
  • (9) Kracie Group assumes no responsibility for any direct or indirect damages caused by use of the Service, inability to use the Service, use of links from the Service or inability to use links from the Service.
  • (10) Kracie Group does not participate in communication or activities among Users. In the event that the User causes damages to a third party related to the use of the Service, Kracie Group shall be held harmless, and the User shall be responsible for providing compensation for such damages at his or her own expense and for resolving any dispute with a third party.
  • (11) In the event that the User violates any of the terms and conditions of this Agreement, the User shall exempt Kracie Group from any claims, litigation or other legal action against Kracie Group.
  • (12) Kracie Group shall be exempted in the event that any dispute arises with the User related to telecommunications charges arising from the use of the Service.
  • (13) The User agrees in advance that the Provided Information that has been shared with another person cannot be deleted from the site where it was shared and that, although the Provided Information that Kracie Group has deemed inappropriate is deleted, it cannot be deleted from a site where it has been shared in the event that it was shared before being deleted, and Kracie Group will assume no responsibility for this.

Article 13 (Service Administration and Modification of This Agreement)

  • (1) Kracie Group may modify the content of the Service and the content of this Agreement at its discretion without any prior notice.
  • (2) It is considered that the User agrees to the content at the time of the modification of the Service and this Agreement. The Service may be suspended or terminated for any reason without prior notice.
  • (3) In the event of discrepancies between this Agreement and an Individual Social Media Agreement, an Application Agreement or an Entry Agreement related to an individual promotion campaign, etc., the Individual Social Media Agreement, the Application Agreement or the Entry Agreement related to an individual promotion campaign, etc. shall take precedence.

Article 14 (Force Majeure)

Kracie Group assumes no responsibility to the User or to a third party for non-performance or belated performance of the obligations arising directly or indirectly from this Agreement due to natural disaster, flood, tsunami, lightning, typhoon, storm, earthquake, sickness and contagious disease, war, threat of war, state of war, terrorism, insurgency, revolution, fire, explosion, accident at sea, blockade, violence, strike, plant closure and other labor dispute, rioting, shortage or control of energy supply or raw materials, other legislative or government administrative regulations and other similar or dissimilar circumstances that are beyond the reasonable control of Kracie Group.

Article 15 (Inquiries)

Kracie Group asks you to refer to the basic information for the Service regarding inquiries.

Article 16 (Applicable Law and Jurisdiction)

  • (1) This Agreement shall be governed by the laws of Japan.
  • (2) The Tokyo District Court shall be the exclusive court with jurisdiction in the first instance for settlement of any and all disputes arising out of this Agreement between Kracie Group and the User.

Established: August 1, 2012
Amended: December 3, 2014

Copyright (C) Kracie Holdings,Ltd. All Rights Reserved.