TERMS OF USAGE/利用規約
CHAPTER 1: GENERAL PROVISIONS
PARAGRAPH 1: DEFINITIONS
- “This Site” refers to the “LittleAKIBA.jp” website (URL: http://www.littleakiba.jp/) operated by the Company (the “Company” below) and “Little AKIBA Project.”
- “Contents” refers to data for streaming or downloading purpos
es distributed by LittleAKIBA.jp on This Site to Members in the form of comics (manga), illustrations, photographs, and so forth.
- “This Service” refers to the Contents distribution service on This Site as well as all services incidental to that service that the Company provides to Members. The specific nature of This Service is stated within these Terms of Usage as well as on the Usage Guide page on This Site.
- “Members” refers to persons who, after agreeing to these Terms of Usage, have conducted member registration through procedures designated within Paragraph 4 of these Terms of Usage and the Usage Guide page on This Site.
- “Devices” refers to equipment whose intended use is to display and play back the Contents. Please note that the types, specifications, operating environments and other elements of Devices on which Contents under This Service can be used are stated on This Site.
PARAGRAPH 2: APPLICATION OF THESE TERMS
- The Company will provide This Service in accordance with these Terms of Usage. Members shall comply with the stipulations of these Terms of Usage when using This Service.
- These Terms of Usage constitute an agreement between Members and the Company regarding the provision of This Service and its use.
- Even in cases where part of these Terms of Usage is rendered illegal or invalid due to changes in laws or ordinances, a court decision or another similar factor, the remainder of these Terms of Usage shall continue to be valid.
PARAGRAPH 3: REVISION OF THESE TERMS
- The Company shall reserve the right to revise these Terms of Usage by posting advance notice on This Site either no later than fourteen (14) days prior to the revision date or with no advance notice whatsoever.
- Should these Terms of Usage be revised based on the aforementioned procedures, Members shall agree in advance to the application of these Terms of Usage following their revision as it pertains to their usage of This Service on and after the date of revision. The Company will not be liable whatsoever even should said changes result in a detriment or damages to Members.
- Persons who wish to use This Service shall register with This Service as Members beforehand in accordance with the methods set forth on the Usage Guide page on This Site.
CHAPTER 2: MEMBERS
PARAGRAPH 4: MEMBER REGISTRATION
- Persons fifteen (15) years of age or younger who will register as Members shall do so after obtaining the consent of a parent or guardian.
- Member registration shall be conducted directly by the person to use This Service. Registration by proxy will not be accepted.
- Members may only register one (1) account on This Site.
- The Company reserves the right to refuse member registration to persons who have previously had their registration cancelled pursuant to Paragraph 11 of these Terms of Usage as well as to persons who do not comply with the stipulations of 1. through 4. of this Paragraph.
PARAGRAPH 5: CHANGES IN REGISTRATION
DETAILS/NOTIFICATION OF MEMBERSHIP WITHDRAWAL
- Should a change arise in Members’ registration details, or should Members wish to withdraw their membership, said Members must notify the Company without delay through the methods set forth on the Usage Guide page of This Site.
- If registration details are not changed property, the Members in question may encounter problems upon using This Site.
- After withdrawing their membership, Members will no longer be able to use This Service, for which membership registration is a prerequisite for use. Additionally, Members will no longer be able to benefit from any guarantee or support with regards to This Service or Contents. While certain Contents that have already been downloaded can be continued to be accessed even after membership has been withdrawn, when accessing said Contents, Members shall comply with these Terms of Usage even after withdrawing their membership. ￥
CHAPTER 3: PROVISION OF CONTENTS, ETC.
PARAGRAPH 6: PROVISION OF CONTENTS
- The Company shall provide Contents in a state that enables Members to receive them.
- The provision of contents shall be conducted through one of the following two methods to be designated by the Company beforehand for each individual item of Contents: downloading (reading, viewing or otherwise accessing Contents after they have been saved to Members’ Devices) or streaming (reading, viewing or otherwise accessing Contents through simultaneously playing them back as they are transmitted to Members’ Devices without saving them to those Devices).
- The obligation of the Company with regards to the provision of Contents ordered shall extend to enabling those Contents to be downloaded or streamed from This Site. Operation, connection, and other actions related to downloading and streaming shall be conducted at the expense and liability of Members.
- The Company reserves the right to assign a download time limit; a reading, viewing or other access time limit following downloading; and a streaming time limit for each individual item of Contents. The Company will not be liable whatsoever in cases where Members were unable to read, view or otherwise access Contents due to not downloading them; not reading, viewing or accessing them following their download; or not streaming them within the designated time limit.
PARAGRAPH 7: GUARANTEE AGAINST INADEQUATE PROVISION OF OR DEFECTIVE CONTENTS
- Members who are unable to properly display or play back Contents provided on an operating environment designated by the Company (which includes Devices, software and software versions) shall notify the Company of this issue promptly after encountering it.
- Upon receiving the aforementioned notice, the Company shall enable the receipt of the Contents ordered by said Members, or will rectify any defects to enable those Members to receive the Contents once more. However, the Company will not rectify the situation in cases where the defect brought to its attention by Members with regards to an operating environment designated by the Company does not reoccur, nor will the Company rectify the situation in cases involving the reconfiguration of Contents provision or the handing of operating environments other than those designated by the Company.
- The handling of situations stipulated in 2. above shall constitute all of the Company’ liability regarding the inadequate provision of Contents and defective Contents. The Company shall not be liable for the compensation for damages, etc. that exceeds this scope.
CHAPTER 4: MATTERS TO BE OBSERVED BY MEMBERS
PARAGRAPH 8: USE OF CONTENTS
- Members, within the scope recognized under these Terms of Usage, items stated on This Site, and technological protections and restrictions applied to Contents or This Service (technological restrictions that pertain to Devices used, users, duration of use, etc.), may display, play back, read, view and otherwise access Contents.
- Outside of the use of Contents stipulated above, Members may not adapt or otherwise alter, duplicate, exhibit, transfer or lease to a third party, transmit to a third party via the Internet or other network (includes transmitting to the general public and rendering transmissible) or use Contents in any other fashion, whether for or without compensation and regardless of purpose.
- The Company will not be liable whatsoever for damages incurred by Members as a result of violating the obligations stipulated in 2. above. Additionally, in the event that the Company incurs damages due to the same cause, Members shall be liable for the compensation of the damages in question.
- The Company will not be liable whatsoever in cases where the display or playback of Contents outside of Japan by Members results in problems, disputes, etc. stemming from statutory, religious or other reasons in countries outside of Japan.
PARAGRAPH 9: SITE REQUIREMENTS FOR THIS SERVICE
- In using This Service, Members shall use an operating environment consisting of Devices, etc. designated on the Usage Guide page of This Site. All or a part of This Service may not be usable on other operating environments.
- Devices, equipment, software, telephone lines and other site requirements for the use of This Service shall be prepared by Members.
- Members shall agree beforehand that they understand that the PCs and other equipment that enable the use of This Service are limited, or may be limited in the future.
PARAGRAPH 10: MANAGEMENT OF MEMBER ID AND PASSWORD
- Members shall not transfer, lease or disclose to a third party the member ID configured by themselves or the password provided by the Company or configured by themselves at the time of member registration. Additionally, Members shall appropriately manage their ID and password in a manner that ensures that they are neither leaked nor misused by a third party.
- The Company reserves the right to consider the usage of This Service through the use of information registered by Members as usage by the Members who registered that information. The Company shall not be liable even should said usage result in Members incurring damages.
PARAGRAPH 11: PROHIBITED MATTERS
- Upon using This Service, Members shall not engage in the following conduct
- Registering false details upon registering as a member
- Infringing on copyrights, trademark rights or other forms of intellectual property belonging to the Company or another party
- Infringing on the property, privacy or portrait rights of another party
- Unjustly discriminating against, libeling or slandering another party; facilitating unjust discrimination against another party; or defaming the good name or credibility of another party
- Transmitting or displaying images, video, sound, documents, etc. that amount to indecency, child pornography or child abuse; or displaying or transmitting advertising that conjures up images of transmitting, displaying or selling such content
- Illegally altering or deleting data stored on equipment belonging to the Company
- Using This Service while assuming the identify of another party (includes the illegal use of member IDs and passwords belonging to other Members) or using This Service through the illegal use of a credit card that belongs to another party
- Adversely impacting the use or operation of equipment, etc. belonging to the Company or equipment used for Internet connection services that relate to This Service
- Attaching links to websites on the Internet with the appearances or intentions of facilitating actions that fall under or pose a risk of falling under the aforementioned forms of conduct
- Conduct that lends itself to crime or illegal activity, conduct that poses a risk of doing so, or conduct that serves to facilitate one or the other
- Interfering with the operation of This Service
- Violating public order and morality
- Using or accessing This Service or Contents in a capacity that exceeds the scope set forth in Paragraph 8.1
- Any and all conduct that serves to disable, alter, render invalid or otherwise circumvent the technological protective means and technological restrictive means used in This Service and Contents, regardless of the reason or intention involved
- Using or accessing This Service or Contents in a capacity outside purposes or the scope of personal use by for Members themselves, regardless of whether that use or access is for profit or non-profit
- Engaging in the prohibited matters contained in these Terms of Usage or on This Site or acting counter to other designations and/or restrictions
- Other conduct deemed to be inappropriate by the Company
PARAGRAGH 12: NON-TRANSFERENCE
- 1. Members may neither transfer nor succeed the rights and obligations under these Terms of Usage to a third party in part or in full, nor put them up for collateral.
CHAPTER 5: SUBMISSIONS AND APPLICATIONS TO REGISTER WORKS
PARAGRAPH 13: SUBMISSIONS AND APPLICATIONS TO REGISTER WORKS
- The Company reserves the right to consider the usage of This Service through the use of information registered by Members as usage by the Members who registered that information. The Company shall not be liable even should said usage result in Members incurring damages. With the exception of fan art (derivative work) contents, the copyrights of contents that were submitted or the subject of applications to be registered as works through the use of This Site (including but not limited to comics (manga), illustrations, photographs, video clips, novels, etc. and the text and comments contained within) belong to the submitter responsible for creating the contents, etc. in question.
- With respect to fan art (derivative work) contents, licenses for original works belong to the primary author. As such, rules for using copyrighted material approved by This Site shall be in accordance with “Paragraph 14: Guidelines for Fan Art (Derivative Works) on This Site” of these Terms of Usage. Additionally, in cases where the presence of fan art (derivative work) contents that have been submitted or administered with neither the approval of This Site nor the approval of the rights owner to create fan art (derivative works) has been confirmed, or in cases where a complaint has been made by the rights owner to that effect, the Company reserves the right to delete the posts containing the contents in question with no prior notice to Members.
- With respect to the secondary use of submitted contents, please note that the Company reserves the right to use, process, alter, etc. said contents to be used as promotional materials to the extent required in order to smoothly provide Contents on This Site and conduct announcements to external parties.
- Submitters and applicants to register works shall pledge to not submit nor apply to have registered as works contents that fall under the following: contents that violate public order and morality; libel and slander; expressions that cause feelings of discomfort; posts intended to cause harm to oneself or others; and contents that pose the risk of inciting harm towards oneself or others (*Harm to oneself or others includes but is not limited to suicide, violence, crime and defamation through injuring oneself or harming someone else). Additionally, submitters must pledge not to make posts containing the names of individuals, proper names, addresses, telephone numbers, email addresses, URLs and so forth, nor to make submissions that constitute announcements, advertising, publicity or forms of solicitation, religious or otherwise.
- Should it determine that conduct took place that violates the items set forth above, the Company reserves the right to refuse the display of the violating submission and take measures to suspend the use of This Site without prior notification to the submitter or applicant to register works. Moreover, the Company reserves the right to display or not display submissions utilizing social plug-ins, as well as the right to suspend the usage thereof.
- Submitters and applicants to register works shall permit the Company to modify and/or delete contents that were submitted or are the subject of applications to be registered as works. The Company does not guarantee that submitted contents or name (pennames) will be posted. Submitters and applicants to register works shall agree to the Company selecting what comments to post. Additionally, the order and duration of posting will be in accordance with standards determined by the Company or a posting order program.
- Submitters and applicants to register works shall permit the release contents that were submitted or are the subject of applications to be registered as works in the Company’ email magazines and on its website, as well as in printed materials published by the Company.
- Submitters and applicants to register works shall permit contents that were submitted or are the subject of applications to be registered as works to be entered into a database and used in investigative research and on websites by the Company.
- Submitters shall agree that the Company shall not be liable whatsoever for compensating any damages incurred by submitters as a result of the temporary suspension of This Site, the alteration or termination of This Site, or measures to suspend usage based on violations of these Terms of Usage
PARAGRAPH 14: GUIDELINES FOR FAN ART (DERIVATIVE WORKS) APPROVED BY THIS SITE
- Guidelines for fan art (derivative works) approved by This Site shall be in accordance with the “FAN ART (DERIVATIVE WORKS) POLICY” stipulated by the Company.
- Fan art (derivative works) for which consent and/or approval has been received from the applicable copyright holder or copyright management company may be submitted to This Site.
- However, this excludes copyrighted material, solid objects, certain musical materials, etc. for which the copyright holder or copyright management company from which This Site received consent and/or approval does not hold exclusive rights.
- Please note in advance that This Site cannot approve fan art (derivative works) of copyrighted works not stated in the “FAN ART (DERIVATIVE WORKS) POLICY.”
- For information on contents and characters for which consent and/or approval has been received and the use of fan art (derivative work) contents in places other than This Site, please refer to the “FAN ART (DERIVATIVE WORKS) POLICY.”
- The use of fan art (derivative work) contents in a manner that significantly harms the copyright holder, This Site or the image of the work/characters is prohibited.
- The use of fan art (derivative work) contents in a manner that harms the social reputation of the author of the original work is prohibited.
- The use of fan art (derivative work) contents in a manner that violates public order and morality is prohibited.
- The use of fan art (derivative work) contents in a manner that infringes on the rights of other companies or entities or bears the risk of such infringement is prohibited.
- The Company shall not be liable whatsoever for any damages stemming from fan art (derivative works). Said damaged shall be resolved under the liability of users of fan art (derivative work) contents.
- Creating fan art (derivative works) for profit without the permission of the applicable entity is prohibited.
- These guidelines may be added on to or revised without prior notice.
PARAGRAPH 15: ASSIGNATION OF RIGHTS
- Intellectual property rights and any other rights pertaining to contents that were submitted or are the subject of applications to be registered as works, Contents provided by the Company, information associated with those Contents and other information posted on This Site (copyrights, emblems, characters, marks and all other posted content) are the property of the Company or the submitter, provider, etc. of the content posted on This Site, and do not belong to Members who are not the submitter, applicant to have that work registered, or the provider of those Contents.
- Outside of displaying, playing back, reading and/or viewing, Members must not conduct any activity with regards to the aforementioned contents posted on This Site, including their duplication, alteration or transmission.
- The Company reserves the right to post information submitted by Members to This Site in part or in full (including the posting of said information in summary, partial or an otherwise edited form), as well as the right to delete said information from This Site, at its own discretion.
- Licensor rights pertaining to fan art (derivative work) contents shall belong to the authors of the original works.
- With respect to copyrighted material approved by This Site, licensors may use fan art (derivative work) contents provided that they obtain the confirmation of the Members who created said fan art (derivative works) and submitted/provided them to This Site.
CHAPTER 6: OTHER
PARAGRAPH 16: CANCELLATION OF MEMBER REGISTRATION
- Should Members fall under even one of the following items, the Company reserves the right to immediately cancel those Members’ registration at the time the item in question applies and terminate the usage of This Service in full without prior notification to said Members.
(1) Engages in conduct that falls under the prohibited matters set forth in the items under Paragraph 11
- Even in cases where member registration is cancelled based on the foregoing, Members shall not be absolved of their responsibility to perform obligations that have already arisen based on these Terms of Usage.
- For Members with no history of logging into This Site for a period of eighteen (18) months or more, the Company reserves the right to cancel the registration of said Members after notifying them. Moreover, in the event that member registration is cancelled in accordance with this Item, Members, by registering as a member in the manner set forth in Paragraph 4, may use This Service once more.
(2) Violates these Terms of Usage in a manner other than that set forth in the above item and does not remedy the situation despite the Company having issued a formal demand accompanied with an appropriately-stipulated deadline
(3) It is discovered that member registration has been canceled in the past based on the provisions of this Paragraph
PARAGRAPH 17: ALTERATION OF CONTENT ON/INTERRUPTION OR
- After providing advance notice on This Site to Members, the Company may add, revise, abolish or otherwise alter the content of This Site at any time.
- The Company may interrupt the provision of This Site due to maintenance checks for the system for operating this service; the occurrence of trouble; fires, blackouts and other accidents; earthquakes, floods and other disasters; military conflict and riots; and other such causes. In such cases, the Company shall provide advance notice on This Site to Members to the best of its ability. Even in the event that a delay, interruption or similar occurrence takes place in connection with the provision of This Site due to one of the causes stipulated above or another such cause, the Company shall not be liable whatsoever for damages incurred by Members or third parties as a result of the said delay, interruption or similar occurrence.
- The Company reserves the right to terminate This Site due to operational or technical reasons. In such instances, the Company shall provide advance notice on This Site to Members no later than one (1) month prior to said termination.
PARAGRAPH 18: PERSONAL INFORMATION
PARAGRAPH 19: INDEMNITY AND COMPENSATION FOR DAMAGES
- To the extent that it provides This Site in accordance with these Terms of Usage, the Company will not be liable whatsoever to Members for damages incurred by Members due to the use of This Service or the inability to use This Service.
- In cases where the Company assumes liability for compensating Members for damages due to violating these Terms of Usage, the upper limit of the amount of said damages shall be the total amount paid by the Members in question to the Company in connection with the usage of this Service. However, this may not apply in cases where the Company has been willfully or grossly negligent.
- In cases where Members engage in conduct that constitutes a violation of the prohibited matters set forth in Paragraph 11, should the Company or a third party incur damages as a result, said Members shall bear the obligation of compensating the Company and/or the third party for damages incurred.
- The Company will not be liable whatsoever for damages incurred by Members in relation to This Service, including but not limited to the interruption or suspension of the system or the loss of data due to trouble with communication lines, computers, etc.
- In cases where users have Contents stored in their PCs or other equipment used, even if users lose the ability to use those Contents due to the PC or other equipment used in question being sold, transferred, discarded (including model replacements), etc., or being lost or stolen, the Company will not be liable whatsoever for damages incurred by those users. Additionally, the Company will not provide the Contents in question a second time.
PARAGRAPH 20: NOTIFICATION
- Notices and/or inquiries issued to Members by the Company shall be conducted through the sending of email to the email addresses registered. Notices issued to Members shall be considered to be completed once they have reached the server used to manage member email addresses.
- Notices, inquiries, complaints, etc. issued to the Company by Members shall be conducted through sending regular mail to the contact address indicated on This Site or through sending the inquiry form featured on This Site.
PARAGRAPH 21: GOVERNING LAW
- The validity and interpretation of these Terms of Usage shall be governed in accordance with Japanese law.
PARAGRAPH 22: COURT WITH JURISDICTION
- 1. Any and all disputes related to This Service or these Terms of Usage shall be submitted to the exclusive jurisdiction of the Tokyo Summary Court or Tokyo District Court in the first instance in accordance with the amount in dispute.