Terms of use
Article 1. Introduction
- The following Terms of Use (hereinafter "terms") state conditions which define the proper usage of our service (hereinafter "this service") provided by kenmaz.net. (hereinafter "we", "us", "our").
- The terms are defined as the conditions of use for this service. By using this service, users agree to abide by these terms.
- Using this service indicates that users have read and accept these terms.
Article 2. Definition of Terms
Definitions of the terms are set as follows:
- kenmaz.net, hereby known as "this site" for the purpose of this document, are web sites, kenmaz.net, anime.kenmaz.net and service and related official domains, Mobile applicatons) created and maintained by our company.
- "This service" will refer to the services provided on this site.
- "User" will refer to people who register on this site.
- "Registered email address" will refer to an email address that a user provided in order to use this service.
- "Password" refers to a series of text characters that allows us to recognize a user by linking it with a registered email address.
- "Image data" means data provided by the user including images, animations, and texts that can be uploaded to this service.
- "Post" refers to an action where a user uploads image data to this site.
Article 3. Extent of Terms
- The Terms of Use or other conditions stated on this site specifies conditions of use for this service. Other conditions which are unnamed are still a part of the terms regardless if named.
- When a discrepancy between these terms and other conditions are found, the other conditions have priority.
Article 4. Modifications
- We may revise and update these terms at any time.
- Changes on the terms shall be effective when updated on this site unless otherwise mentioned.
- User's continued usage of this service after any changes to the terms will mean the user accepts those changes.
Article 5. Privacy Policy
We will manage private information according to our "Privacy Policy."
Article 6. Communication Non-Disclosure
- We shall protect the secrecy of users (such as correspondence, etc) under Article 4 of Telecommunications Business Act (no.86, 1984).
- We will not maintain the aforementioned details for the cases outlined below past a defined range.
- A case which a compulsory disposition or a court order is issued based on Criminal Procedure Code (no.131, 1948) or Act on Criminal Investigation Communication Interception (no.137, 1999), within the range of appropriate disposition or court order determines.
- A case which a compulsory disposition is issued according to laws, within the range of appropriate disposition or court order determination.
- We will judge the requirements of information disclosure based on Article 4 of Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders (no.137, 2001) is fulfilled, within the information disclosure range.
- We consider it necessary to protect other's life, physical health, or property within the range of necessity to protect life, physical health, and property.
Article 7. Right of disapproval to Membership
- Anyone who agrees to the terms can apply for the membership in an orderly manner to use this service.
- Anyone who applies for this service (hereinafter "applicant") becomes a user when we accept the application.
- We can decide to refuse an application from an applicant without disclosing the reason in the following cases:
- The applicant did not apply by means of the preceding clause 2.
- The applicant has been punished by being removed from the service due to the violation of the terms or other conditions.
- We judged the application inappropriate.
Article 8. Account Closure
- When a user discontinues using this service, the user may apply for their account to be closed in an orderly manner.
- We can terminate a user from using this service in the following cases:
- User did not follow article 7-2.
- The user violates the terms or other conditions.
- We judged the membership inappropriate.
Article 9. Your Registered Email Address, ID, and Password
- The user will register an email address when obtaining a AnimeMaker ID. If the user stops using the registered email, they must update the registered email with one they actively use.
- The user is responsible to prevent abuse of their registered email address, password, and ID.
- We assume no responsibility for any damages resulting from the use of your registered email address, password, and ID by a third party.
- The user is responsible to manage and store images or texts that they create.
- We do not have any guarantee whatsoever for image and text data that users upload. The user shall backup their own image and text data.
Article 10. Account Possession
- Each user is entitled to create only one user account. Holding multiple accounts or sharing an account with multiple users are not allowed unless otherwise approved.
- The user may not give or rent the account to a third party under any circumstances.
Article 11. User Environment Maintenance
- The user shall maintain all the necessary hardwares to use this service at the user's expense and responsibility.
- The user shall take appropriate measures to prevent their device from viruses, unauthorized access, or information leakage.
- We have no involvement or responsibility in the user's environment.
Article 12. User Responsibility
- The user is fully responsible to use this service, and takes responsibility for actions and results caused by the use of this service.
- The user is fully responsible for image data that the user posts on this service. We are not responsible for the content that the user posts on the service.
- The user must solve at user's responsibility and expense when the user behaves in a defamatory manner, violates privacy right, discloses third party's information without permission or violates copyright laws. We assume no responsibility.
Article 13. Prohibited Acts
The acts described below are prohibited on this service.
When user conducts prohibited acts, we may terminate or suspend their membership, delete part or all of the image data from the account or change the user's publishing limitation.
The user is fully responsible to use this service, and takes responsibility for actions and results caused by the use of this service.
The user is fully responsible for image data that the user posts on this service. We are not responsible for the content that the user posts on the service.
The user must solve at user's responsibility and expense when the user behaves in a defamatory manner, violates privacy right, discloses third party's information without permission or violates copyright laws. We assume no responsibility.
- Infringement or possible infringement of intellectual property rights such as copyright or design right of our company or a third party.
- Reprinting of image data from this site without the creator's permission.
- Violation or infringement of any property, privacy or copyright of our company or a third party.
- Discrimination or defamation toward our company or a third party and encouraging the discrimination or damaging of third party honor or credit.
- Impersonation.
- Acts leading to impersonation or other crimes.
- Acts on image data (hereinafter "this data" or "data") equivalent to obscenity, child pornography or child abuse, which violates the laws, regulation and criteria established by our company.
-
- Posting or displaying this data.
- Selling medium that contain this data.
- Posting or displaying advertisement which evokes sending, showing or selling medium containing this data.
- Glorifying, provoking or encouraging suicide, parasuicide or drug abuse.
- Posting image data including the following contents:
-
- Information that causes defamation of the posted images.
- Information identifying the name, aliress, work place, telephone number of the contributor. (Including information he case one can identify by checking through the posted images.)
- Information that is hard to verify, or false.
- Information that we judge inappropriate.
- Impersonating an operator.
- Obtaining multiple ID
- Posting image data for commercial advertisement, publicity or inducement (except those we accept), image data containing links of affiliates, enoless money chains, chain mails, MLM, read-mails, image data that aims to spread harmful programs such as adult sites, one click fraud sites, virus, other image data that we judged to be leading to inappropriate sites (including the site link), or image data that we judged inappropriate.
- Expression usage that may cause discrimination on race, ethnic, gender, age or opinion.
- Putting burden on the server over the normal extend or damaging the service operation or network system.
- Rewiring or deleting information stored on our facilities improperly.
- Sending or posting computer programs which contains harmful virus.
- Any action that violates the laws, morality, the terms or other conditions, or that we judge violating the right of others.
- Any other actions considered inappropriate by our company.
Article 14. Service Modification
We may ali, modify, interrupt and/or terminate this service at any time without prior notice.
Article 15. Fees
- Registration and usage of this service are free of charge.
- Contents, fee and payment of the premium service are defined separately from the premium service terms of use.
Article 16. Right to image data
The user who posts image data using this service shall guarantee that the image data does not violate any right of a third party. In case any disputes such as violating the right of a third party occur due to the posting of image data, the user must solve the dispute at user's responsibility and expense. The user shall not cause harm to our company whatsoever.
Article 17. Image Data License
- All image data posted on this service are the copyright of the user who created the images.
- Our company can use and revise the image data posted by a user for the smooth operation of our service, and/or building, improving or maintaining of our system within required range.
- We can abbreviate a part of information or the displayed names when we use the image data as mentioned in the preceding paragraph.
Article 18. Disclaimer
- We do not concern our company with any dispute or miscommunication among users. In case any dispute occurs among users, the users must solve it at users' responsibility. We do not take any responsibility.
- At any time we can revise, interrupt or terminate the service without prior notice when we judge necessary. We assume no responsibility whatsoever for any damages resulting from changes of this service. Moreover, the same applies when slowdowns or failure happen due to server overload or any other unexpected factors.
- We are under no obligation to manage or store the image data posted by a user.
- We assume no responsibility on the legality and accuracy of image data posted by a user. We also take no responsibility on suitability of the initial bylaws of corporation or organization the user belongs to.
- We shall browse, store or disclose the contents of image data only in the following cases. We assume no responsibility whatsoever for any damages resulting from this action.
-
In case we send an email to seek the approval of browsing, storing or disclosing to the user who posted image data, and if applicable in one of the following cases:
- The user agrees to our request to browse.
- The response of the user does not arrive to our mail server within 7 days after we send the email to seek the approval to browse, store or disclose, unless absolutely necessary.
- To ascertain and solve the technical trouble of this service.
- When we receive the official referral from the court, police or public organizations based on the laws.
- When we judge we need to confirm that the image data is violating or may have violated the terms or other conditions.
- There is imminent danger on someone's life, physical health or property and we judge urgent need.
- When there are needs to operate the site appropriately.
- We may terminate or suspend the membership, delete all or a part of the image data or change the published limitation of the user when we judge there are enough reasons to support that the user violated or may have violated the terms or other conditions. We assume no responsibility whatsoever for any damages resulting from this action.
Article 19. Right of Termination
We shall take measures such as deleting or revising the range of publication on part or all of related image data despite of the legality and accuracy of the image data in the following cases:
- We judge that posted image data contains obscenity.
- Public organizations or professionals (national, local public organizations, reliability confirmed groups stated in the guideline of Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders, internet hotline or lawyers) point out that the image data is illegal, offensive to public order and morals or violates the right of a third party.
- A third party claims the copyright of the image data.
- We judge the posted image data violates the copyright of a third party.
Article 20. Validity of the Terms and Other Conditions
- Even if a part of the terms or other conditions is counted as invalid based on the laws, the terms or other conditions is valid.
- Even if a part of the terms is counted as invalid or canceled on the relationship with a user, the terms is valid with the user.
Article 21. Procedure to Prohibited Act
- We may take the following measures upon the user when the user violates the terms or other conditions, or when we judge necessary:
- Request to delete or revise the image data.
- Delete part or all of the image data, change the range of publication or disable browsing.
- Compulsory execution to terminate the membership.
- No acceptance of the membership.
- The user shall have no objection to our measures.
Article 22. Procedure to Prohibited Act
- The laws of Japan shall be applied to the implementation of the Terms.
- Users hereby irrevocably consent to the exclusive jurisdiction of the Tokyo District Court in any and all disputes between users and our company.
Miscellaneous
- The terms become effective June 1st 2008.
- The terms are also applicable to users' action before the effectiveness of the terms.