Terms of Use

  • This agreement was written in Japanese. The English version is for your reference. To the extent any translated version of this agreement conflicts with the English version, the Japanese version controls.
Article 1.
Preface
  1. 1. The agreement on use of this website (hereinafter referred to as the Agreement) is applicable to all activities of members in association with use of services (the Services) provided by HONYY Entertainment Co., Ltd. (hereinafter referred to as the Company) on website FUKULOG (http://fukulog.jp/ on PC Internet, http://m.fukulog.jp/ on mobile phone, and http://s.fukulog.jp/ on smart mobile phone, hereinafter referred to as the Website).
  2. 2. Members refer to the persons who agree the articles herein, being registered in accordance with Article 7 herein, and use the Services in accordance with the Agreement.
Article 2.
Definitions
  1. 1. The terms used herein are defined as follows:
    1. Other agreements of the Website: Refers to the agreements, not limited by the titles, other than the Agreement, also called using conditions of the Services, and constituting effective contents of the Agreement.
    2. Registered E-mail: Refers to the PC/mobile e-mail provided by members for the purpose of use of the Services.
    3. Password: Refers to the character string used in association with the registered E-mail to identify a member for the purpose of use of the Services.
    4. Contribution: Refers to the activities of uploading materials, clothes collocation, comments, news, pictures, and the like.
    5. Member published information: Refers to the information published by members at the time of using the Services, including comments, introduction, clothes collocation, materials, news, messages, pictures, and the like.
Article 3.
Scope and validity
of the Agreement
  1. 1. In the case of any conflict between the Agreement and other agreements of the Website, the latter shall be prior.
  2. 2. In the event that any part of the Agreement and other agreements of the Website becomes invalid according to law, the other parts of the Agreement and other agreements of the Website shall remain valid.
  3. 3. In the Agreement and other agreements of the Website, even if the relationship between some members who are limited by the agreements and the Company becomes invalid or be cancelled, the relationship with other members shall remain valid.
Article 4.
Amendment of the
Agreement
  1. 1. The Company shall have the right to amend the Agreement at any time at the sole discretion of the Company.
  2. 2. Unless otherwise regulated by the Company, the amendment of the Agreement shall become effective since the amended version is shown on the Website.
  3. 3. After any amendment of the Agreement becomes effective, members who are using the Services shall be deemed as accepted of all the contents of the amended agreement.
Article 5.
Treatment of
personal information
  1. 1. The Company will properly deal with personal information in accordance with the Policies on Personal Privacies of the Company.
Article 6.
Non-disclosure of
communication
information
  1. 1. The Company will protect communication information of members in accordance with the fourth regulation in Telecommunications Business Law of Japan (Law No. 86 in 1984).
  2. 2. Under any of the following circumstances, the Company will not take the non-disclosure obligations stated in Article 1 above to the extent defined correspondingly below.
    1. The Company is subject to forced arrangement or execution of court judgment in accordance with the Criminal Procedure Law of Japan (Law No. 131 in 1948) or the laws related to communication monitoring for crime searching (Law No. 137 in 1999), to the extent of the forced arrangement or the court order.
    2. The Company is subject to forced arrangement in accordance with decrees, to the extent of the forced arrangement or the decree.
    3. The requirements for disclosure request defined in Article 4 of the law on limiting the compensation liability of telecommunication service provider and user information disclosure (Law No. 137 in 2011) are met as judged by the Company, to the extent of the disclosure request.
    4. The disclosure is necessary to protect life, body or properties of others as judged by the Company, to the extent required by such protection.
Article 7.
Enrollment
  1. 1. Persons applying for enrollment (hereinafter referred to as Enrollment Applicant) shall become members since the date when the Company accepts the application.
  2. 2.  Juveniles below 20 must obtain the consent of their guardians before applying for enrollment.
  3. 3. Registered members shall not submit enrollment application repeatedly.
  4. 4. The Company will provide members with notices on new services, advertisements, notices on service & operation, and other relevant information. When any member notifies the Company that he/she does not want to receive such information before or after information provision, the Company will stop such information provision unless otherwise needed by provision of the Services.
Article 8.
Rejection of
enrollment application
  1. 1. Under any of the following circumstances, the Company will have the right to reject the enrollment application of the applicant at its sole discretion.
    1. Under any of the following circumstances, the Company will have the right to reject the enrollment application of the applicant at its sole discretion.
    2. Other circumstances under which the Company considers it inappropriate to accept the enrollment application.
Article 9.
Withdrawal
  1. 1. Where any member wants to withdraw, he/she must submit a withdrawal application to the Company in accordance with relevant procedures set by the Company.
  2. 2. Where any member has any of the following activities, the Company will have the right to force him/her withdraw at the discretion of the Company.
    1. Where any member has any of the following activities, the Company will have the right to force him/her withdraw at the discretion of the Company.
    2. The member violates the Agreement or other agreements of the Website.
    3. Other circumstances under which the Company considers it inappropriate to keep the membership.
  3. 3. Death of member shall be deemed as cancellation of the Services. The rights and obligations of any member shall belong to the member himself/herself and cannot be inherited.
Article 10.
Management of the
registered E-mail
and password
  1. 1. Any member must use an E-mail address that can be used and managed by himself/ herself for registration. Whenever a member cannot manage the registered E-mail, he/she must change it to another E-mail that can be used and managed by himself/ herself.
  2. 2. Members must take actions to prevent their registered E-mails and passwords from being illegally used, and shall bear all liabilities for management of their registered E-mails.
  3. 3. In the case of losses arising from illegal use of the registered E-mail or password by others, the Company will bear no liability unless the Company has significant faults.
Article 11.
Account management
  1. 1. One member shall have only one account. Unless otherwise allowed by the Company on a particular basis, it is not allowed for one member to own several accounts or for several persons to share one account.
  2. 2. Any member shall not transfer/lend his/her account to others under any circumstance.
Article 12.
Improvement of
use environment
  1. 1. Members shall obtain and improve all equipment, software and communication means required for use of the Services at their own cost and liability.
  2. 2. Members shall take preventive actions for their use environment, including but not limited to protection against computer virus, illegal access and information disclosure.
  3. 3. The Company will not be responsible for and will bear no liability for any matters related to use environment of members.
Article 13.
Responsibilities of
members
  1. 1. Members must use the Services at their own responsibilities, and shall bear all responsibilities for all results arising from use of the Services.
  2. 2. The responsibility for the information published by using the Services shall rest with the publishing member himself/herself. The Company will bear no liability for the information published by using the Services, including but not limited to the information published and the brands/stores registered.
  3. 3. Where any member damages others’ reputation, infringes upon others’ privacy, discloses others’ personal information without authorization, conducts activities in violation of Copyright Law (Law No. 48 in 1970), infringes upon others’ rights, or have other similar activities, he/she must bear all liabilities arising therefrom and the Company will bear no liability.
  4. 4. Members shall know that the Company bears no liability to save the information published by members, and shall save such information by themselves at their own cost upon their own needs.
  5. 5. Whenever a member finds any violation of the Agreement or the other agreements of the Website, he/she is obligated to timely contact the Company for notification.
Article 14.
Forbidden activities

Members shall not conduct the following activities during the use of the Services. Where any member has any of the following forbidden activities, the Company will have the right to expel the member, stop provision of the Services to the member, to delete all or a part of the information published and brands/stores registered by the member, modify the publishing range, and take other appropriate actions.

  1. 1. Activities infringing or possibly infringing upon copyright, trademark right and other property rights of the Company or others.
  2. 2. Activities infringing or possibly infringing upon properties, privacies or portraiture right of the Company or others.
  3. 3. Discriminating or slandering the Company or others, abetting discrimination against others, damaging reputation or credits of others;
  4. 4. Illegally using the name of others, arrogating status of representative or agent, or forging cooperation relationship with others for the purpose of use of the Services.
  5. 5. Activities in association with or possibly connected to crimes such as fraud, abuse of restricted drugs, child prostitution, illegal trade of deposit account or mobile phone, and the like.
  6. 6. Any of the following activities related to information concerning sexual products, child bawdry or child maltreatment (hereinafter referred to as Such Information):
    1. Contributing or presenting Such Information.
    2. Selling medium carrying Such Information.
    3. Contributing, presenting, or selling media advertisement carrying or connected to Such Information.
  7. 7. Activities with the main purpose of dating with, having bawdry activities with or having sex intercourse with strangers.
  8. 8. Abetting or tempting others to participating in illegal gambling.
  9. 9. Undertaking illegal agency activities (such as transferring guns, making exploders, providing child bawdry, forging documents, killing people, kidnapping, and the like).
  10. 10. Abetting or tempting others to kill themselves.
  11. 11. Registering or presenting the following brand/store or information.
    1. Information irrelevant to dress.
    2. False brand/store registration information.
    3. The post without any review or comment on the items or shops.
    4. Obloquy against the comment objects (not limited to stores/brands directly commented, including store staff and related persons).
    5. Disclosing personal information of others, such as name, address, employment information, and telephone number of others, including the circumstances where a third person can be easily identified by comparison with the information published.
    6. Information irrelevant to the comment objects.
    7. Description of a matter hard to determine true or false.
    8. Information related to disputes or claims with/against the comment object.
    9. Information quoted without authorization.
    10. Information obtained by illegally tempting or forcing the manufacturer or seller.
    11. Information possibly related to crimes.
    12. Information needed to be recorded in authorities with regard to sanitation management and other aspects.
    13. Information for the purpose of commercial advertisement or tempting, unless otherwise permitted by the Company.
    14. Information containing links to associated websites or business websites, unless otherwise permitted by the Company.
    15. Tempting information such as pyramid sale, chain mail, MLM, read mail, and the like.
    16. Information containing accounts of financial institutions.
    17. Information (including links) aiming to publicizing sexual websites, single-point fraud websites, virus-containing websites, and the like.
    18. Uncanny pictures/videos that may cause readers uncomfortable as estimated by the Company.
    19. Other information considered inappropriate by the Company.
  12. 12. Commenting other members, sending messages to other members, or tempting strangers to joint this Website on an undiscriminating basis.
  13. 13. Sending rubbish information defined as follows.
    1. Contributing the same or similar articles for several times by a member alone or jointly by several members in the contributable places in the Website or by means of message.
    2. Listing many irrelevant sentences by a member alone or jointly by several members in the contributable places in the Website, or contributing articles too long or containing too many sentences.
    3. Contributing the same URL for several times by a member alone or jointly by several members in the contributable places in the Website or by means of message.
    4. Sending other activities defined as rubbish information by the Company.
  14. 14. Illegally rewriting or deleting information saved in the devices of the Company.
  15. 15. Sending or publishing virus or other computer damaging procedures.
  16. 16. Activities that increase or might increase the burden of the servers of the Company or other websites, or adversely impact or might adversely impact operation and network of the Services.
  17. 17. Publishing links to the above defined information although knowing that the information is forbidden.
  18. 18. Activities in violation of laws and regulations, social moral or the Agreement or other agreements of the Website as considered by the Company.
  19. 19. Election related activities and activities in violation of the Election Law.
  20. 20. Activities for the purpose of tempting others to joint groups, services or actions irrelevant to the Website.
  21. 21. Other activities considered inappropriate by the Company.
Article 15.
Use, modification and
termination of
the Services
  1. 1. The Company may modify the Services without prior notice to members. In addition, the Company allows members to access the Services, but make no commitment on the contents of the Services and the results of such access.
  2. 2. Under any of the following circumstances the Company has the right to terminate or pause all or a part of the functions of the Services without prior notice to members. In addition, without prior consent of members, the Company will bear no responsibility for any interest loss of members or others arising from modification/termination of the Services and/or delayed performance of obligations by the Company.
    1. The Company needs to regularly or temporarily maintain, check or repair the computer system related to the Services.
    2. The computers or communication lines related to the Services have any failure.
    3. The Services cannot be provided due to force majeure events such as fire, power failure, and natural/man-made disasters.
    4. Other circumstances under which the Company deems it necessary to terminate or pause the Services.
Article 16.
Compensation for
damages

Whenever the Agreement or other agreements of the Website meet the requirements of Item 3, Article 2 of Consumer Contract Law (Law No. 61 in 2000), the regulations on disclaimer shall not be applicable to the damage compensation liability of the Company within the coverage of the Agreement and other agreements of the Website. In this case, when damages of members are arising from non-performance of obligations or illegal activities of the Company, the Company will compensate the members to the extent of the direct loss suffered by the members, provided that the Company has significant faults.

Article 17.
Charges

The enrollment and use of basic services are free of charge.

第18条
Rights in association
with information
publishing
by members

Information publishing members shall guarantee that the information published does not infringe any right of others. In the case of any dispute between a member and a third party, the member shall solve it at his/her own cost, and shall not cause any impact or loss to the Company.

Article 19.
Use permit for
information
published
by members
  1. 1. The copyright of the works contained in the information published by members (hereinafter referred to as the Works) shall rest with the member who has published the information. Without the permit of the publishing member, the information published, including but not limited to websites, publications, books, store POP and commodities, shall not be used in any place or manner. However, where the member does not bring forward a request for consideration, it shall be deemed that the member has granted the following rights to the Company. In addition, such permit will remain effective even after the member loses his/her membership.
    1. The right to copy the whole or a part of the Works, to publish the Works, to edit/modify/adapt/translate the Works, and to publish the Works.
    2. The right to transfer the rights mentioned in Item a above to agents and partners of the Company.
  2. 2. The member shall not exercise any moral right in association with the Works against the Company and others.
  3. 3. When the member transfers the copyright in association with the Works to a third party, he/she must require the third party to abide by this Article.
  4. 4. Copyrights in association with the information other than the Works shall rest with the Company or the third party.
  5. 5. With regard to the information contributed by a member, the member shall guarantee that he/she has all the copyrights such as the rights to copy, publish, translate and adapt. In addition, in the event that a member makes contribution by others’ works, he/she shall obtain the related permits and rights by himself/herself at his/her own expense.
  6. 6. Where a member or third party carries out benefit gaining activities using the member published information, the Company will have the right to share the benefits obtained.
  7. 7. The company does not take part in all member’s environment, and the company does not have to take any responsibility.
Article 20.
On using of
information
published,
registration of brand
/store /introduction,
and words presentation
  1. 1. Unless otherwise required by the information publishing member, in principle the Company will continue to publish the information published by him/her even after his/her withdrawal.
  2. 2. Information published or brand/store/introduction registered using PC (or other terminals) type limited words and signs not defined by JIS (hereinafter referred to as terminal dependent words) is prone to abnormal display or no display on other types of PC (or other terminals). Members are requested to understand such condition, and the Company may sometimes replace the terminal dependent words.
Article 21.
Transfer of rights

In the event that the Company transfers provision of the Services to any third party due to business transfer, corporate split or other reasons, the Company may transfer the rights and obligations hereunder to the receiving party, and understanding of members are hereby requested.

Article 22.
Cookie and
beacon

Cookie and beacon are used for some pages of the Website. Cookie refers to the mechanism of sending via Web browser small data to hard dish and memorizer of members to verify the membership. Beacon refers to small picture file and tags embedded in pages to verify if the page has been viewed. The Company uses Cookie and beacon to estimate and statistically analyze the use of the website and the effect of advertisement for the purpose of providing better information and services for members. Cookie and beacon will not send personal information of members, such as name, address and telephone number, to the Company. Meanwhile, members can disable Cookie via browser setting. However, if Cookie is disabled, sometimes some of the Services cannot be used. In addition, the Company may sometimes entrust such testing and analysis to other companies. Members hereby agree the use of Cookie and beacon on the Website.

Article 23.
Disabling Cookie

Members may disable Cookie by changing browser setting. In addition, Cookie saved in “Cookie folder” in the browser can be deleted. However, some of the functions of the Website may become unusable after disabling or deleting Cookie. Therefore, members shall choose to enable, disable or delete Cookie based on understanding of such facts. Besides, setting of Cookie is depending upon browser, and members can set Cookie after reading the “help” information in the browser.

Article 24.
Governing law and
competent court
  1. 1. Laws of Japan shall apply to the Agreement and other agreements of the Website.
  2. 2. In the case of legal action initiated by members or the Company, local court of Tokyo shall be the exclusive competent court.

Supplementary articles

  • The Agreement shall be implemented since October 20, 2009.
  • The Agreement has retroactive legal force against members’ activities before its implementation.
  • The Guide for Contributors will apply since April 1, 2010.
  • The Guide for Contributors will apply since April 1, 2010.
  • The Agreement is amended on November 19, 2010 and the amended version becomes effective on the same day.
  • The Agreement is amended on February 21, 2011 and the amended version becomes effective on the same day.
  • The Agreement is amended on April 18, 2011 and the amended version becomes effective on the same day.
  • The Agreement is amended on November 1, 2011 and the amended version becomes effective on the same day.

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