Terms of Use

Purpose
Tokyoing sets forth these Tokyoing Terms of Service (these “TOS”) for the provision of the Service and permits Users to use it. Users receive the Service in accordance with these TOS and the notice on use and other rules prescribed by Tokyoing. The term “we”, “us”, “our” refer to Tokyoing.

Definitions
The terms used in these TOS have the following meanings.
1. “Site” means the website called “Tokyoing” (https://tokyoing.net).

2. “Service” means the application service and website service provided by us to you via the Site and all other service applications provided by us.

3. “Username” means a user identification name issued by us.

4. “Password” means a string of characters to identify the applicable User by checking that string of characters against the User name when using the Service.

5. “User” means a user of the Service with a certified Username and Password.

6. “Posting” and “contribution” means the act of Users uploading text, image or other information on the Site.

Amendments to TOS
1. We may amend these TOS whenever we deem it necessary.

2. Any amendment becomes effective at the time the amended TOS are displayed on the Site. In such case, the terms of use of the Service will be governed by the amended TOS.

Privacy Policy
Information registered by User and information on User obtained by us will be handled in accordance with the privacy policy.

Management of Username and Password
1. Username and Password may not be jointly owned by, or lent or disclosed to, any third party.

2. We will not be liable for any damage incurred by Users or a third party as a result of a breach of previous sentence.

3. Users are responsible for managing their User name and Password set up for them.

4. Users, but not we, have the authority to manage their own Password.

No Guarantee
1. We do not guarantee that:
• the content of the Service meets Users’ demands or is beneficial to Users;
• part or all of the Service will not be interrupted, suspended or revoked;
• the content of the Service will not be amended or deleted;
• the Service will be provided in a timely manner;
• the Service is safe;
• no error will occur in the Service;
• the information offered through the Service is accurate, legal, moral, up-to-date, appropriate or reliable;
• the Service is not defective in any way;
• any act by Users using the Service meets their specific purpose ;or
• information and others posted on the Service will not disappear;

2. We may delete at its own discretion any content posted by Users. We will not be liable for any damage incurred by Users arising from or in connection with the deletion of the content.

3. We will not be liable for any damage to a computer or other device or data of users or a third party arising from or in connection with the use of the Service.

4. We will not be responsible for any text, images or other information posted by Users even when the internal rules
of a corporation or an organization to which the relevant User belongs apply.

Prohibited Acts
For continued use of the Service, Users are prohibited from engaging in the following acts in the Service. If we identify any prohibited act, we will warn the relevant User, delete the relevant information displayed on the Site or the relevant user registration, or take any other necessary and appropriate measures. In addition, we have the right to determine the details of the measures to be taken and will not acknowledge any question or claim regarding the results of the determination.
1. Acts of infringement on the patent rights, utility model rights, design rights, trademark rights, copyright, trade secrets or other intellectual property rights of a third party or us, or acts that are likely to cause such infringement

2. Acts of infringement on the property, privacy rights or image rights of a third party, or acts that are likely to cause such infringement

3. Acts that offend public order or morals, or any law or ordinance

4. Acts of discrimination against, or insult or maliciously slander of, a third party, acts that damage or infringe, or are likely to damage or infringe on the honor or credibility of a third party, acts of intimidation or harassment of a third party, or acts that otherwise economically or psychologically damage or disadvantage a third party

5. Fraud or other criminal acts or involvement in such criminal acts

6. Submitting or sending content including scenes of violence or cruelty that is likely to make a third party uneasy or images or messages including indecent or abusive scenes that are likely to adversely affect the development of a child or young person’s personality

7. Religious or similar activities or soliciting persons to join a religious group

8. Soliciting a third party to join a pyramid scheme or other multi-level marketing scheme, or an adult website, or requesting the forwarding of chain-emails or forwarding chain-emails in response to such request

9. Spreading material misinformation or rumor

10. Collecting or disclosing personal information of a third party without obtaining consent of the third party or in a fraudulent manner

11. Sending a virus or other harmful computer program or file, submitting the URL of that program or file, or making that program or file available to a third party

12. Acts that obstruct or interfere with the operation of the Service or use of the Service by a third party, or other acts that we deems inappropriate based on reasonable grounds

Prohibition or Suspension of Use of Service
1. If any of the following matters occurs, we may prohibit or suspend a User from using the Service, or take other necessary measures without giving notice to the relevant User.
• The User infringes on, or is likely to infringe on, our or a third party’s reputation, credibility or privacy
• The User infringes on, or is likely to infringe on, our or a third party’s copyright or other intellectual
property rights
• The User loses, damages or steals, or is likely to lose, damage or steal, our or third party’s system or data
• The User carries out unauthorized use of the Username or Password
• The User engages in, instigates or facilitates, or is likely to engage in, instigate or facilitate, illegal acts
• The User prevents, or is likely to prevent, the provision of the Service by us
• The User prevents or interferes with, or is likely to prevent or interfere with, the use of the Service by a third party
• The User breaches these TOS
• The User is discovered as having been prohibited from using the Service in the past due to breach of these TOS or another notice on use of the Service set forth by us
• We otherwise deems it necessary

2. If we prohibit or suspend the use of the Service by any User or take other measures against any User, we will not be obligated to disclose the reason therefor to the User.

Copyright
1. Copyright of the text, images, movies, programs and other works constituting the Service belong to us or the creators thereof, excluding those created by Users.

2. Users may not reprint, copy, analyze, alter, translate, lend, sell, distribute or make derivative works of the works without obtaining the approval of us or the creator.

3. Copyright of the text, images, movies, etc. posted by any User using the Service belong to such User.

4. Text, images, movies, etc. posted or edited using the Service and any related derivatives may be used by us

5. Users may not exercise the moral rights of the copyright holder upon the use by us provided in previous sentence.

Disclaimer
1. Any dispute that arises between Users using the Service will be resolved between the relevant Users and we will not be liable therefor.

2. If any User infringes on the rights of a third party (defamation of a third party, infringing on the privacy rights of a third party, disclosing any personal information of a third party without permission, violating the Copyright Act or the like), the User shall resolve the infringement at its own responsibility and expense and we will not be liable therefor.

3. We will not be liable for any direct or indirect damage incurred by any User or a third party due to loss or divulging of data, or use of data for a purpose for which the Service is not intended, by the User.

4. We will not be liable for any damage incurred by any User or a third party due to delay, suspension, amendment, termination, registration, or prohibition or suspension of use of the Service.

Termination and Suspension of Service
We shall reserve the right to change or stop all or part of the Service, as deemed necessary from time to time. While advance notice will be given where possible, we also reserve the right to take such actions without prior notice.
If any of the following events will occur or has occurred, we may suspend the provision of the Servicet.
1. We deems it necessary to carry out maintenance, inspection or improvement of the server or peripheral equipment

2. We deems it necessary to shut down the server or peripheral equipment in order to prevent infection by a computer virus

3. Provision of the Service becomes impossible due to force majeure caused by a large-scale disaster or other event

Damages
If any User breaches these TOS and we incur direct or indirect damage, we may claim compensation for the damage from the User.

Governing Law and Jurisdiction
1. These TOS are governed by the laws of Japan.

2. Users agree that any dispute relating to these TOS will be submitted to the jurisdiction of the Tokyo District Court as the court of first instance.