Terms of Use | EVERGREEN

This is an English translation provided for reference. If there is any difference between this translation and the Japanese original, the Japanese original prevails.

EVERGREEN Terms of Use

Article 1 (Purpose and Application of These Terms)

These terms (the "Terms") apply to all relationships between Evergreen Inc. (the "Company") and users in connection with the use of the services (the "Service") provided on the Company's website "EVERGREEN". For any part of the Service that can be used without membership registration or similar procedures, users are deemed to have agreed to these Terms by using that part of the Service.
If these Terms differ from any explanation of the Service given outside these Terms, these Terms prevail.
The Company may change these Terms within a reasonable scope without prior notice to users. If these Terms are changed, users are deemed to have agreed to the changed Terms by continuing to use the Service, and the changed Terms apply to all relationships between the Company and users.

Article 2 (Definitions)

The following terms used in these Terms have the meanings set out below.

"Member" means a person who uses the Service through ID authentication linkage.
"User" means any person who uses the Service, including Members.
"Member Information" means information disclosed to the Company through the use of ID authentication linkage and the use of the Service.
"ID Authentication Linkage" means a mechanism that allows a user to use, as a Member of the Service, the ID and password of an internet service other than the Service, and under which the Company receives information about the user from that internet service with the user's consent.
"Authentication Information" means the ID and password of an internet service other than the Service that a user uses through ID Authentication Linkage.
"Intellectual Property Rights" means patent rights, rights to obtain patents, utility model rights, rights to obtain utility model registrations, design rights, rights to obtain design registrations, copyrights, trademark rights and other intellectual property rights provided for by law, or rights relating to interests protected by law. Terms other than those defined in this Article are defined as needed in each article of these Terms.
"Posted Content" collectively means text data and multimedia data such as images and videos that a user posts on the Service and that are made public to other users.

Article 3 (Disclosure and Use of Member Information)

As a rule, the Company will not disclose Member Information, other than Member Information made public on the Service, to third parties without prior consent. This does not apply to inquiries from public authorities, cases where the Company is obliged by law to disclose the information, and similar cases.
Members shall register true information as Member Information and, if any of it changes, shall promptly register the change and keep the information true.
The Company is not responsible for any damage arising from a Member's failure to fulfill the obligation in the preceding paragraph.
The Company may use Member Information to provide information that the Company considers useful (including information on products and services of the Company, advertisers and partners).
The Company will aggregate and analyze Member Information for purposes such as improving the Service and the Company's marketing.
The Company manages Member Information in accordance with its Privacy Policy.
Members agree that the Company handles and holds Member Information as set out in this Article and shall not object to it.

Article 4 (Management of Authentication Information)

Members shall properly manage and keep their Authentication Information under their own responsibility. Even if a person other than the Member uses the Service through theft or unauthorized use of the Authentication Information or for any other reason, if the Company confirms by its prescribed method that the Authentication Information entered matches the registered information, the Company will deem the Service to have been used by that Member. The Member is responsible for any resulting damage to the Member, and the Company bears no responsibility.

Article 5 (Suspension of Use, etc.)

If a user falls under any of the following, the Company may, without prior notice and without the user's consent, take necessary measures such as suspending the user's use of the Service or cancelling the user's membership. The Company is not obliged to disclose to the user the reason for taking such measures.

The user violates these Terms.
Member Information is found to be false.
The user uses Authentication Information improperly.
The user uses information provided through the Service improperly.
There is a risk of damage to the Company or a third party.
The user engages in any prohibited act set out in Article 7.
The Company otherwise judges the user's use of the Service to be inappropriate.

The Company is not responsible for any damage to a Member resulting from the measures set out in the preceding paragraph.

Article 6 (Disclaimer)

The Company and its partners do not guarantee the accuracy, completeness, safety or other qualities of information provided through the Service. The Company and its partners bear no responsibility for any damage to users or third parties caused by such information.
Information, expressions and content that the Company's partners provide on the Service in their own name are based on the partners' own choices and judgment and do not reflect the opinions or views of the Company or its employees.
The Service is an internet service. When using it, users shall manage their posting history, whether information about themselves is public or not, and the content of their posts under their own responsibility. The Company bears no responsibility for any damage arising from information that users chose to make public or post.
The Company bears no responsibility for any loss of opportunity of use, loss of data, interruption of business or any other kind of damage (including indirect, special, incidental and consequential damages and lost profits) incurred by users, even if the Company has been advised in advance of the possibility of such damage.
The Company bears no responsibility for damage caused by users to other users or third parties through use of the Service, or for damage or disputes arising for users themselves.
Users shall connect to the internet to use the Service at their own expense. The Company bears no costs or responsibility for this.
Where a user is subject to the Consumer Contract Act of Japan and the user suffers damage in connection with the provision of the Service due to the Company's intentional act or gross negligence, the provisions of these Terms that exempt the Company from liability do not apply.
Where the contract between the Company and a user for the use of the Company's services under these Terms falls under a consumer contract as defined in the Consumer Contract Act, the disclaimer stated in paragraph 7 does not apply, and the Company is liable for damages within the scope of damage that can normally arise, except where caused by the Company's intentional act or gross negligence, and, for paid services, up to the amount of the fee (for continuous services, the amount equivalent to one month).

Article 7 (Prohibited Acts)

When using the Company's services, the following acts (including acts that induce them and preparatory acts) are prohibited.

Acts that violate laws and regulations or public order and morals
Acts that promote criminal acts or suggest that they will be carried out
Acts that infringe or may infringe legitimate rights such as intellectual property rights, portrait rights or publicity rights of other users, third parties or the Company
Acts that infringe or may infringe the property, credit, honor or privacy of other users, third parties or the Company
Acts that make public, without permission, information that can identify another user or a third party
Acts that make public information that can identify the user personally, except where individually permitted by the Company
Acts that violate laws and regulations in the region where the Service is provided
Acts that cause disadvantage or damage to other users or third parties
Acts that slander other users or third parties
Acts aimed at publicity for business, advertising or similar purposes, except where individually permitted by the Company
Acts judged to be aimed at excessively or inappropriately directing people to specific external websites
Acts judged to have a harmful effect on children and young people
Linking to adult sites, dating sites or similar sites judged to be illegal or harmful
Transferring or lending Authentication Information to a third party, or sharing it with a third party
Acts that hinder the provision of the Service
Using the Service for purposes different from the original purpose of the Service in light of the intent of its provision
Posting programs or similar material that destroy or interfere with the functions of software, hardware or the like used by other users
Acts that destroy or interfere with the functions of the Company's servers or networks
Acts that directly or indirectly provide benefits to anti-social forces in connection with the Company's services
Acts that violate these Terms
Any other acts that the Company judges to be inappropriate

If the Company suffers any damage from an act falling under any item of the preceding paragraph, the Company may demand that the user compensate the Company for the damage.

If a user uses the Company's services or the data that make them up beyond the purposes for which the services are provided, the Company has the right to stop such acts and to claim an amount equivalent to the profit the user gained from them.

Article 8 (Prohibition of Unauthorized Use of Information)

Except as provided in these Terms and as expressly permitted on the Service, the Company prohibits users from using, without permission, any information on the Service, including text, images, illustrations and videos.
The Company prohibits users from editing, copying or reproducing, without permission, any statements relating to the Service (including notices on the web and e-mail newsletters).
If the Company suffers any damage because a user violates paragraph 1 or paragraph 2, the user shall compensate the Company for the damage.

Article 9 (Changes to and Deletion of Posted Content)

If any of the following applies to Posted Content, the Company may change or delete the Posted Content or how it is displayed without the consent of the user who posted it. In this case, the Company may demand that the user who posted the content compensate the Company for the damage it has suffered, including an amount equivalent to the personnel costs of those engaged in changing or deleting the post and other costs.
1. It violates laws and regulations, these Terms or the like.
2. It falls under the prohibited acts set out in Article 7.
3. The Company judges that it needs to be changed or deleted immediately.
Even after a Member withdraws from the Service, the Member's Posted Content is not deleted; it is kept by the Company and displayed on the Service or other websites.
Notwithstanding the preceding two paragraphs, the Company may provide a function within the Service that allows users to change, correct or delete their own Posted Content at their discretion.
Even if a user asks the Company to change, correct or delete content that the user posted and that is displayed, the Company will not change, correct or delete it, except where the displayed content falls under any item of paragraph 1.

Article 10 (Warranty When Posting)

A user who posts Posted Content (the "Poster") warrants that the Poster holds all rights relating to the Posted Content, including copyrights and other property rights and privacy rights including personal information, or holds the licenses, rights, consents and permissions necessary to allow the Company to use the Posted Content as set out in these Terms. If any dispute arises between the Company and a third party, the Poster shall resolve the problem at the Poster's own expense and responsibility and shall not cause the Company any trouble or damage.

Article 11 (Rights to Posted Content)

The Company may store Posted Content and use it as appropriate in accordance with this Article.
Copyrights and other rights in Posted Content are handled as follows.
1. The Poster shall not exercise, and shall not cause any third party to exercise, the rights defined in Articles 18 to 20 of the Copyright Act of Japan against the Company or third parties designated by the Company.
2. The rights defined in Articles 21 to 28 of the Copyright Act of Japan are reserved to the Poster or the original right holder. The Poster grants the Company, free of charge, a non-exclusive, worldwide, unlimited and perpetual license (sublicensable and transferable) to display, edit, copy, reproduce and distribute the Posted Content and, where the Company judges it useful, to use its content (including creating and using derivative works such as publications, video, translations, broadcasts and theatrical adaptations).
Based on the license in paragraph 2, the Company may edit, copy, reproduce and otherwise use Posted Content and, where the Company judges it useful, use its content (including publication, video, translation, broadcasting and theatrical adaptation), and may allow the Company and third parties designated by the Company to use it. Even when doing so, the Company is not required to make any payment to the Poster, and the Company may choose not to display the Poster's ID, nickname or other names and information representing the Poster.
Even after a Poster withdraws from the Service, the Company may use the Posted Content that the Poster posted on the Service under the license in paragraph 2, provided that it does so after taking measures not to display information that identifies the Poster.
The Company bears no responsibility for any damage to users or third parties arising from the use of Posted Content.

Article 12 (Handling of User Data and Posted Content)

The Company is not obliged to back up data that customers store on servers managed by the Company; customers shall back up such data themselves.

If maintenance, improvement or the like of the Company's services becomes necessary, the Company may copy, etc. data that customers store on servers managed by the Company to the extent necessary for that maintenance, improvement or the like.

Article 13 (Advertising)

The Company may place advertisements of the Company or of third parties that have asked the Company to place them in the services and software it provides.

Article 14 (Suspension and Interruption of the Service)

If any of the following applies, the Company may temporarily interrupt all or part of the Service without notifying users in advance. The Company bears no responsibility for any damage caused by an interruption of the Service.

The Company performs maintenance, inspection, repair or similar work on its systems.
The Service cannot be provided due to force majeure such as fire, power failure or natural disaster.
The Service cannot be provided for operational or technical reasons.
The Company otherwise judges that it has no choice but to interrupt the Service.

Article 15 (Addition, Change, Suspension and Discontinuation of the Service)

The Company may add to or change the content of the Service without prior notice to users.
The Company may suspend or discontinue the Service without prior notice to users.
The Company bears no responsibility for any damage to users or third parties arising under the preceding two paragraphs.

Article 16 (Exclusion of Anti-Social Forces)

In using the Service, users represent that they are not anti-social forces (meaning organized crime groups as defined in the Act on Prevention of Unjust Acts by Organized Crime Group Members and their related groups, as well as corporate racketeers, groups advocating social or political movements as a pretext for extortion, organized groups of intellectual criminals and other anti-social forces), and undertake that they will not belong to, fall under or be involved with such forces in the future.
If the Company judges that a user belongs to, falls under or is involved with anti-social forces, the Company may, without prior notice to the user, take necessary measures such as suspending the user's use of the Service, changing the user's password or cancelling the user's membership.

Article 17 (Use from Outside Japan)

When using the Service from outside Japan, users shall comply with the laws of their country of residence and relevant international treaties.
When a user uses the Service from outside Japan, the Company bears no responsibility if damage arises to the user or the user causes damage to a third party because the use violates Japanese law, even though it does not violate the laws of the user's country of residence or relevant international treaties.

Article 18 (Changes to These Terms, etc.)

When the Company judges it necessary, it may change these Terms at any time without notifying users in advance.

However, where a change would have a significant effect on customers using the Service, the Company will provide a reasonable period of advance notice.

Article 19 (Contact and Notices)

If customers wish to contact the Company, they shall do so through the inquiry page established by the Company or by e-mail to the address designated by the Company.

As a rule, the Company replies to customer inquiries by e-mail only.

Article 20 (Governing Law)

These Terms are governed by and interpreted in accordance with the laws of Japan.

Article 21 (Court of Jurisdiction)

If a dispute arises between the Company and a user in connection with the Service, the Tokyo District Court of Japan shall have exclusive jurisdiction as the court of first instance by agreement.

Article 22 (Severability)

Even if any provision of these Terms is held invalid due to the revision or abolition of laws and regulations, the application of the Consumer Contract Act or other special laws, the governing law or any other reason, the validity of the other provisions of these Terms is not affected in any way and they remain in effect.

Article 23 (Effective Date)

These Terms take effect on April 1, 2016.