These Terms and Conditions of Use (hereinafter referred to as the "Terms and Conditions") apply to the use of services on this website created by Salmon Meuniere (hereinafter referred to as the "Operator") and in the productions created, operated, or provided by the Operator (hereinafter referred to as the "Works"), as well as the Works themselves (hereinafter collectively referred to as the "Services"). Users are required to use the Services under these Terms and Conditions.
If you would like to use Works on video streaming platforms such as YouTube, or at large-scale venues such as live festivals, please also see "Use of Works on the Internet and at Large-Scale Venues".
Article 1 (Application)
- These Terms of Conditions shall apply to all relations between users and the Operator concerning the use of the Service.
- In addition to these Terms of Conditions, the Operator may stipulate various rules for the use of the Service (hereinafter referred to as "Individual Regulations") in addition to these Terms. These Individual Regulations shall constitute a part of these Terms and Conditions regardless of the name by which they are called.
- If any provision of these Terms and Conditions conflicts with any of the Individual Regulations outlined in the preceding Article, the provisions of the Individual Regulations shall take precedence unless otherwise specified in the Individual Regulations.
Article 2 (User Registration)
- In the case of the Service, when a prospective registrant has agreed to these Terms and Conditions and has applied for registration for use following the method prescribed by the Operator, the registration for use shall be completed when the Operator notifies the prospective registrant of the approval of such application.
- The Operator may not approve the application for registration for use if it determines that the applicant has any of the following reasons, and shall not be obliged to disclose any reasons for such denial.
- If the applicant has provided false information when applying for registration
- If the application is from a person who has violated these Terms of Conditions
- In any other cases where the Operator deems the registration of use to be inappropriate
Article 3 (Management of User ID and Password)
- The User shall be responsible for the proper management of their user ID and password for the Service.
- A user may not, under any circumstances, transfer or lend their user ID and password to a third party or share them with a third party. If a user logs in with a user ID and password combination that matches the registered information, the Operator shall deem the use of the Service to be by the user who has registered the user ID.
- The Operator shall not be liable for any damage caused by the use of a user ID and password by a third party, except in the case of intentional or gross negligence on the part of the Operator.
Article 4 (Usage Fees and Payment Methods)
- In consideration of the paid part of the Service, a user shall pay the usage fee separately determined by the Operator and displayed on the Website or the website of the relevant Service in the manner designated by the Operator.
- If a user is late in paying the usage fee, the user shall pay a late payment penalty of 14.6% per annum.
Article 5 (Prohibitions)
In using the Service, users shall not engage in any of the following acts:
- Acts that violate laws and regulations or public order and morals
- Actions related to criminal acts
- Acts that destroy or interfere with the functions of the server or network of the Operator, other users of the Service, or third parties
- Acts that may interfere with the operation of the Service
- Actions that collect or accumulate personal information, etc. concerning other users
- Acts of gaining or attempting to gain unauthorized access to the Service
- Act to impersonate other users
- Act to provide benefits directly or indirectly to antisocial forces concerning the Service
- Infringing the intellectual property rights, portrait rights, privacy, honor, or other rights or interests of the Operator, other users of the Service, or third parties
- Posting or transmitting contents on the Service that include or are deemed by the Operator to include any of the following expressions:
- Excessively violent expressions
- Explicit sexual expression
- Expressions that lead to discrimination based on race, nationality, creed, gender, social status, family origin, etc.
- An expression that induces or encourages suicide, self-harm, or drug abuse
- Any other expressions that include antisocial content and cause discomfort to others
- Actions that the Operator deems to have the following purposes or objectives
- Business, advertising, publicity, solicitation, or any other for-profit activities (except those approved by the Operator)
- Sexual or obscene acts
- Actions to meet or date an unacquainted person of the different gender
- Actions aimed at harassing or defaming other users
- Actions that aim to cause disadvantage, damage, or discomfort to the Operator, other users of the Service, or third parties
- Any other activities to use the Service for purposes that differ from the intended purpose of use of the Service
- Acts of soliciting religious activities or religious organizations
- Other acts that the Operator deems inappropriate.
Article 6 (Suspension of Provision of Service, etc.)
- The Operator may suspend or discontinue the provision of all or part of the Service without prior notice to users for any of the following reasons:
- When performing maintenance inspections or updating computer systems related to the service
- When the provision of the service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disasters
- If computers or communication lines, etc. are shut down due to an accident; or
- In any other cases in which the Operator deems it difficult to provide the Service.
- The Operator shall not be liable for any disadvantage or damage incurred by users or third parties due to the suspension or interruption of the provision of the Service.
Article 7 (Copyright)
- Users may only use the Service to post or upload text, images, videos, and other information for which they own the necessary intellectual property rights, such as copyrights, or have obtained permission from the necessary right holders.
- The copyrights of any text, images, videos, etc. posted or uploaded by users using the Service shall be reserved for such users and other existing right holders. However, the Operator may use the text, images, videos, etc. posted or uploaded by users using the Service to the extent necessary for improving the Service, enhancing its quality, correcting any defects, publicizing the Service, etc. Users shall not exercise their moral rights about such use. The User shall not exercise their moral rights in connection with such use.
- Except as provided in the main clause of the preceding paragraph, all copyrights and other intellectual property rights to the Service and any information related to the Service shall belong to the Operator or any right holder who has authorized the Operator to use such information, and the User shall not reproduce, transfer, lend, translate, modify, reprint, publicly transmit (including making transmittable), transmit, distribute, publish, or sell the Service without permission.
Article 8 (Restriction of Use and Termination of Registration)
- The Operator may, without prior notice, delete posted data, restrict a user from using all or part of the Service, or terminate the user's registration as a user, if the user falls under any of the following cases:
- If a user violates any of the provisions of these Terms of Conditions
- If any false information is found in the registration
- In the event of default
- If there is no response to communications from the Operator for a certain period
- If there has been no use of the Service for a certain period since the last use of the Service
- In any other case in which the Operator deems the use of the Service to be inappropriate
- If any of the items of the preceding paragraph applies, the user shall naturally lose the benefit of time concerning all debts owed to the Operator, and shall immediately repay all debts owed to the user at that time in a lump sum.
- The Operator shall not be liable for any damage incurred by a user as a result of any action taken by the Operator pursuant to this Article.
Article 9 (Withdrawal from Membership)
- A user may withdraw from the Service by following the withdrawal procedure prescribed by the Operator.
- A work that does not require membership registration shall be deemed to have been withdrawn by discontinuing its use, uninstalling it, or making it unusable in a similar manner.
Article 10 (Disclaimer of Warranty and Liability)
- The Operator does not warrant, expressly or impliedly, that the Service will be free from defects in fact or the law (including, but not limited to, defects in safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc., errors or bugs, or infringement of rights).
- The Operator shall not be liable for any damages incurred by users arising from the Service, except in cases of intentional or gross negligence on the part of the Operator. However, the Operator shall not be liable for any loss or damage arising out of or in connection with the Service if the contract between the Operator and a user (including these Terms of Conditions) However, this disclaimer shall not apply if the contract between the Operator and a user regarding the Service (including these Terms of Conditions) constitutes a consumer contract as defined in the Consumer Contract Act.
- Even in the case prescribed in the proviso of the preceding paragraph, the Operator shall not be liable for any damage caused to a user due to default of obligation by the Operator's negligence (excluding gross negligence) or tortious act, including damage arising from special circumstances (including cases where the Operator or user foresaw or could foresee the occurrence of such damage). In addition, the Operator shall not be liable for any damage arising out of the Operator's negligence (excluding gross negligence), and the Operator shall not be liable for any damages incurred by a user due to default or tort (excluding gross negligence) of the Operator, up to the amount of the usage fees received from the user for the month in which such damage occurred.
- The Operator shall not be liable for any transaction, communication, or dispute between a user and another user or a third party in connection with the Service.
Article 11 (Change of Service Contents, etc.)
The Operator may change, add, or discontinue the Service with prior notice to users, and users shall consent to such changes, additions, or discontinuation.
Article 12 (Modification of Terms of Conditions)
- The Operator may modify these Terms and Conditions without requiring individual user consent in the following cases:
- The modification of these Terms of Conditions is in the general interest of the user; or
- When modification of these Terms of Conditions is not contrary to the purpose of the Terms of Conditions and is reasonable in light of the necessity of the modification, the reasonableness of the content after the modification, and other circumstances about the modification
- The Operator shall notify users in advance of changes to the Terms of Conditions under the preceding paragraph, of the fact that the Terms of Conditions will be changed, of the content of the changed Terms of Conditions, and the effective date of the changes.
Article 13 (Handling of Personal Information)
The Operator shall appropriately handle personal information obtained through the use of the Service in accordance with the "Privacy Policy".
Article 14 (Notification or Communication)
Notification or communication between a user and the Operator shall be made by the method prescribed by the Operator. Unless a user notifies the Operator of any change in the contact information by the method separately prescribed by the Operator, the Operator shall assume that the contact information currently registered with the Operator is valid and shall send notices or communications to such contact information, which shall be deemed to have reached the user at the time of transmission.
Article 15 (Prohibition of Assignment of Rights and Obligations)
A user may not assign its position under the Terms of Conditions or its rights or obligations under the Terms of Conditions to a third party or offer them as security without the Operator's prior written consent.
Article 16 (Positioning of Translated Terms)
The Terms and Conditions and individual provisions may be translated for the convenience of users, but in the event of any discrepancy between languages, the Japanese version, which is the original version, shall prevail.
Article 17 (Governing Law and Jurisdiction)
The Terms of Conditions shall be governed by and construed under the laws of Japan.
In the event of any dispute arising in connection with the Service, the court having jurisdiction over the address of the Operator shall have exclusive jurisdiction.
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