Nekojiman Terms of Use

Article 1 Introduction

• 1. This contract terms of use (hereafter “this contract”) applies to the services provided (hereafter “the services”) by the C4 media corporation (hereafter “the company”) in regards to user behavior.
• 2. This contract specifies the terms of use of the services. The user may use the service by agreeing to this contract.
• 3. The user, by using the services, agrees to all of terms and conditions of the contents of this contract.

Article 2 Definitions

The meaning of the special terminology used in this contract is as defined below.

• (1) “This site” is the website named Nekojiman managed by the company.
• (2) “The service”, it is all services which are offered on this site.
• (3) “The user” is any member who has registered in order to utilize this site.
• (4) “Registered email address” is the email address provided by the user with the intent of gaining access to the services of this site.
• (5) “The password” is a string of characters connected to the user's registered email address so they can use the site.
• (6) “Information such as images” is the images, text, and other information submitted during use of the services.
• (7) “Submitting” is the act of a user uploading information such as images to the site.

Article 3 Contract terms range

• 1. The terms of use for the services of this site are specified by this contract and other terms of use agreements. The other terms of use, etc., shall be included with this contract regardless of their name.
• 2. If there is a discrepancy between stipulations of this contract and other terms of use contract, the other terms of use conditions will be given priority.

Article 4 Changes to this contract

• 1. This contract can be arbitrarily changed at any time at the discretion of the company.
• 2. Unless otherwise specified, any changes to the terms of use will be displayed on the site in a position where they will have to be seen.
• 3. After the changed have gone into effect, when the user attempts to use the services, they will have to agree to all of the new terms of use.

Article 5 Handling of private information

The company handles private information appropriately according to the “privacy policy”.

Article 6 Communication secrecy

• 1. The company adheres to the telecommunications business law (1984 legal 86th number) article 4 and protects the user's communication secrecy.
• 2. The company will, in the event that any of the following items are published, not take responsibility for the appropriate items in the previous paragraph in regards to protecting privacy.
• • (1) Criminal procedure (1948 law No. 131) or a law concerning interception of telecommunications for criminal investigation (1999 No. 137, within the range specified by the said disposition or court order if the court order is a compulsory disposition.
  • (2) In the event of a compulsory disposal based on laws and regulations, within the scope of the appropriate disposition or court order.
  • (3) Law on limitation of liability for certain telecommunications service providers and caller information disclosure (2001 Act No. 137) if we determine disclosure request pursuant to article 4 requirements were satisfied within the scope of the disclosure request.
  • (4) In the event that the company judges it necessary due to danger to the life of others, the body or the property, within the range which is necessary for protecting the body or the property.

Article 7 Admission and non-compliance for application of admission

• 1. The person who desires the use the service after agreeing to the contents of this code, agrees to register in was designated by the company.
• 2. The person who applied for admission (Hereafter the “admission applicant”) becomes a user once their application to the company has been accepted.
• 3. The company may, for any of the appropriate reasons, at their own discretion, refuse to admit any admission applicant without giving a reason why.
• • (1) The admission applicant did not follow the methods listed in Article 2 to apply for admission.
  • (2) The admission applicant was forced to leave the site in the past due to not following the terms of conditions set forth.
  • (3) Other times the company deems it inappropriate.

Article 8 Leaving the site

• 1. If the user wants to delete their account from the site, they may apply to have their account deleted in the way set forth by the company.
• 2. The company can made the decision to forcibly delete the user's account and deny access to the services if they are proved to be guilty of violating any of the following 3 items.
• • (1) When the user requests admission without following the rules of Article 7 Item 2.
  • (2) When this contract of the terms of use have been violated.
  • (3) Other times the company does not feel it appropriate.

Article 9 Registered email address, ID, and password management, etc.

• 1. When the user registers an active email address that they rightfully manage, but they stop being able to manage the registered email address, the user must change their address to one that they are currently able to manage on their own.
• 2. The user accepts all responsibility in making sure that their registered email aggress, password, and ID are not used for any illegal purposes.
• 3. The company accepts no responsibility for any damage done a third party using a user's registered email address, password, and ID.
• 4. The user will retain responsibility for saving and maintaining any parts of any data such as self-created images, or text.
• 5. The company will not make any backups of any kind for pictures, text, etc., so the user must be responsible for their own backups or uploaded images, text, etc.

Article 10 Holding an account

• 1. The user possesses one account concerning 1. However, in the event that it is required to use multiple names or works, so long as they are not violating any other rules a user may have multiple accounts.
• 2. The user is not allowed to give their account to a third party for any reason at all.

Article 11 Equipment for use

• 1. The user is completely responsible for any hardware or software that is required to use this site.
• 2. The user must provide he or herself with a means to protect themselves from computer viruses, unauthorized access, or leaking information.
• 3. The company takes absolutely not part in the environment of use of the user.

Article 12 The user's responsibility

• 1. The user accepts full responsibility while using the service, and the results of any actions made during using the service.
• 2. The user maintains responsibility for all picture and information, etc. submitted to the site using the services. This corporation does not accept any responsibility for any picture information, etc. submitted by the users.
• 3. When the user impairs the reputation of others, privacy right is infringed, private information of a third party is disclosed without permission, or does behavior which violates to the Copyright Act and doing do infringes on the rights of others, that user is solely responsible for fixing the issue and any costs involved, the company accepts no responsibility.

Article 13 Prohibited behavior

The user may not perform any of the following actions while using the service. When a prohibited behavior takes place, data deletion, suspension, the complete or partial deletion of picture information, etc., or public visibility can be changed as appropriate.

• (1) Actions which infringe or might infringe upon copyright, design rights, or intellectual property rights of the company or third parties.
• (2) Reproducing the picture information, etc. found on this sight without the consent of the applicable person (the owner).
• (3) Actions that violate the company or third party's assets, privacy, and less, or actions that might approach to any of the above.
• (4) Any behavior that unjustly discriminates or slanders the company or a third party, or promotes the unjust discrimination of a third party, or damages their reputation and trust.
• (5) Acts of theft.
• (6) Fraud and other criminal acts that could lead to fraud.
• (7) Obscenity, child pornography or child abuse images, and other data (hereafter “data”) that violates laws, regulations or equivalent standards set by the company shall be dealt with using the of the methods below.
• • (a) Submitting or displaying the above data.
  • (b) Selling a medium with the above data recorded on it.
  • (c) Submitting or displaying an advertisement for the sending, displaying, selling, medium containing the data.
• (8) The glorification, inducing and promotion of suicide, self-harm, drug abuse, etc.
• (9) The act of posting data, such as images of the contents listed below.
• • (a) Information containing slanderous contents about an uploaded image, etc.
  • (b) Personal information that identifies a contributor's name, address, work place, phone number (Including posting information identifying person data within an uploaded picture, etc.).
  • (c) Information containing false information or contents deliberately increasing the difficulty of determining facts to be true or false.
  • (d) Other information with contents deemed inappropriate by the company.
• (10) Impersonating the operator.
• (11) Acquiring multiple IDs, however this excludes cases allowed under Article 10.
• (12) Submitting images, etc. with information for the intent of commercial advertising, promotion or solicitation data (except those specifically approved) including images that contain affiliate links, endless chain pyramid / chain letters, MLM, leading mail to solicit others, adult sites, one click fraud sites, leading people to site deemed inappropriate with the intent of spreading a computer virus (including just posting a link) submitting any images that the company finds inappropriate.
• (13) Using offensive language designed to attack someone's race, ethnicity, gender, age, or thoughts.
• (14) Putting a strain on the servers of the service beyond the scope of normal activity or acts that impede network system and operation of the service, or potentially do those things.
• (15) Rewriting incorrect information or deletion of information stored in the company's facilities.
• (16) Sending or publishing harmful computer programs such as viruses, etc.
• (17) The company will pass judgment if you decide to violate laws, morality, this agreement, other terms, or infringe upon the rights of others.
• (18) Other acts the company deems inappropriate.

Article 14 Changes of service, etc.

The company may without prior notice, arbitrarily add to, change, suspend, or end the service at any time.

Article 15 Usage fees

• 1. Registration and the service are free.
• 2. Contents, fees, and payment methods of the paid services are defined in the additional paid service terms of usage fees.

Article 16 Rights relating to information such as images

Users who use the service to submit information such as images are, according to the company, assuring that they are not infringing upon the rights of a third party. If by chance the picture submitted by the user infringes upon the rights of a 3rd party, if a dispute forms between a 3rd party and the user, the user in question is responsible for all costs and responsibilities involved in rectifying said issue, and may not cause any kind of damage to the company.

Article 17 Data licenses, etc. for information such as images

• 1. Copyright for pictures submitted by using the service and all other appropriate rights shift from the user who produced the image to the company and the company may use the image at its own discretion free of charge and with notifying the user, including transferring it to a third party for profit.
• 2. In the event that the company finds it is required to use the user’s submitted image to offer the service, the company system architecture, perform improvements or maintenance, or business transactions, the company may use and improve them, and the user cannot exercise their author’s personal rights.
• 3. If the company uses the picture information in the way established in the previous paragraph, they may omit a part or the entire identity from the information.

Article 18 Disclaimer items

• 1. The company does not participate in communication, etc. between users. In the event that there is a dispute between users, the users in question must handle the situation on their own, and the company accepts no liability.
• 2. The company may modify, suspend, or discontinue the service when it deems necessary at any time, without prior notification to users. In this case, the corporation assumes no responsibility for any damages that may occur due to these changes of the service. The company also accepts no responsibility if due to over access, or other unexpected causes, display speed is lowered or access is impeded.
• 3. The company is not obligated to manage or save any information submitted by the user, such as pictures.
• 4. The company accepts no responsibility in regards to the legitimacy, precision, and so forth of information such as pictures submitted by the user. The company also accepts no responsibility for any images that are submitted by the user and how they relate to the internal rules of organization or corporate information associated with the appropriate user.
• 5. The company may, in the following situations, view, save, or disclose to a 3rd party any appropriate information of contents such as images. The company does not take any responsibility for any damage that may occur to the user due to that.
• • (1)The company sends an email requesting permission for inspection, etc., addressed to the registered email of the user who submitted the picture, and in the event that the user gives the desired answer, the procedure continues as follows.
  • • (a) The user agrees to the inspection.
    • (b) the company sends an email requesting permission for inspection, and the appropriate user's email reply does not reach our servers with 7 days. However, this excludes an unavoidable emergency.
    • (c)The source of the technical flaw is discovered and deletion is determined to be necessary.
    • (d) In the case a formal inquiry is received based on laws and regulations from public institutions such as courts and police.
    • (e) The company may determine when it is necessary to confirm the contents of an image if the contract or other terms of use are violated, or believed to be violated.
    • (f) The company may make a judgment in the event that there is an emergency that is a danger to the life, body, or property of a person.
    • (g) Other situations it is deemed necessary to appropriately manage the site.
• 6. If the company feels actions in violation of this contract or other terms of service have occurred or will occur and there is sufficient and fitting reason to believe, the appropriate user will be forced to forfeit their membership, all or part of their image data will be erased, and there is a change to the opening range, and even if this causes some damage, the company accepts no responsibility.

Article 19 Deletion authority

The company, as detailed below, regardless of whether or not an image is illegal or against the terms and conditions, may take measures such as deleting a part or whole of the image, or changing the visibility range.

• 1. If the company determines there is something obscene about the image.
• 2. In the event that the image is identified to be illegal , in violation of public order and good morals, or infringes on the rights of others by a public agency or specialist (federal, local public body, special telecommunications service contractor’s liability and legal guidelines related to disclosure, the originator’s information prescribed credibility affirmation, organizations, internet / hotline, lawyers).
• 3. In the event that there are claims made by a third party about an image.
• 4. In the event it is decided that the submitted picture infringes on the rights of a third party.

Article 20 The contract and other terms of use effectiveness

• 1. Even if one section of the contract and other terms of service agreement is said to be invalid in the eyes of the law, the contract and other terms of service documents are still valid.
• 2. Even if one section of the contract’s protocols no longer applies to a certain user, or if they are erased, the terms of use still remain for all the other users.

Article 21 Treatment of violations

• 1. When it is recognized that the user has violated the contract or other terms of use condition, if the company finds it appropriate for the other company, they may take the following actions.
• • (1) Request the deletion or correction of the image information.
  • (2) Delete all or part of the picture, modify the range of visibility, or change it to an invisible status.
  • (3) Force forfeiture of membership.
  • (4) Do not accept admission application.
• 2. The user is unable to dispute the actions of the company previously mentioned.

Article 22 Applicable law and the court of jurisdiction

• 1. This contract is prepared using Japanese laws.
• 2. When a lawsuit is determined necessary between the user the company, the Tokyo district court is designated as the exclusive agreed jurisdiction courthouse of the first trial.

Supplementary provisions

• 1. This contract is effective starting April 1st, 2011.
• 2. The terms of the contract still apply for the acts made by the user prior to the enforcement of the contract.