These terms of service (“Terms of Service”) set forth terms and conditions pertaining to the use of “REClike” (“SERVICE”), a service provided by Helixes Inc., and shall apply to all users thereof. Prior to using SERVICE, please read these Terms of Service carefully.
Section 1 (Agreement to Terms of Service)
1. Users shall be required to use SERVICE pursuant to these Terms of Service, and the use of SERVICE shall be prohibited without agreeing hereto. Any provisions set forth in contracts agreed upon separately between users and COMPANY, and in documents, etc. (hereinafter, referred to collectively as “Separate Terms of Service, etc.”) distributed, disseminated, or posted by COMPANY shall constitute part of these Terms of Service between the user and COMPANY.
2. Unless otherwise provided for in Separate Terms of Service, etc., a service agreement (“Service Agreement”) pursuant to the provisions hereof shall be established between users and COMPANY upon completion of user registration or premium user registration provided agreement hereto subject to the provisions of Section 4 and Section 5.
3. With respect to Standard Service which does not require user registration, a service agreement (“Service Agreement”) pursuant to the provisions (except provisions which apply solely to registered users and premium users) hereof shall be established between users and COMPANY upon initial use or viewing of SERVICE.
Section 2 (Revisions and Amendments to Terms of Service)
1. COMPANY shall be entitled to amend or add to Terms of Service at its own discretion at any time. Unless otherwise provided for by COMPANY, Terms of Service following any amendments shall take effect when displayed on the website operated by COMPANY (https://reclike.com; includes the domain, etc., after any changes in the event that the domain of the website or any content is changed for any reason; hereinafter, “COMPANY Website”) or on the screen of SERVICE.
2 If the user does not consent to Terms of Service following any amendments, the user shall cease use or viewing of SERVICE immediately or unsubscribe from SERVICE pursuant to the provisions of Section 16.
3 By continuing use of SERVICE or not unsubscribing following any amendments hereto, the user agrees to the Terms of Service following the amendments. Users shall be responsible for checking the latest contents of Terms of Service from time to time when using SERVICE.
Section 3 (Definitions)
As used in Terms of Service, the terms set forth below shall be ascribed the following meanings:
1 “Guest User”
Guest User shall refer to an individual, corporation, or group entitled to use Standard Service (referring to services excluding Free Service and Premium Service), which enables use of SERVICE without user registration.
2. “Registered User”
Registered User shall refer to users entitled to use Standard Service and free services (“Free Service”) made available by completing user registration.
3 “Premium User”
Premium User shall refer to users entitled to use Standard Service, Free Service, and Premium Service.
4 “User”
User (or “users,” as the case requires) shall refer collectively to Guest Users, Registered Users, and Premium Users.
5 “Content”
Content shall refer collectively to any information (including, but not limited to, documents, photos, videos, audio, music and other sound data, images, software, programs, code, and other data) available to users through SERVICE.
6. “Provided Content”
Provided Content shall refer to content and other information provided by COMPANY to users on SERVICE.
7 “Affiliated Partners”
Affiliated Partners shall refer to entities providing or operating services affiliated with SERVICE (“Affiliated Services”) subject to contracts and other agreements with COMPANY.
Section 4 (User Registration)
1 Guest Users who wish to use Free Service shall agree to comply herewith and shall be entitled to apply for user registration by providing information to COMPANY pursuant to the means stipulated thereby. When such an application is made, COMPANY shall review the application pursuant to its review criteria set forth separately and shall notify the user upon acceptance of the application.
2 COMPANY may not accept applications for user registration for any of the following reasons:
(1) falsification, errors, or omissions in all or part of the information provided to COMPANY in the user registration application,
(2) the applicant has previously been or is currently suspended from using SERVICE,
(3) COMPANY determines the applicant a risk to default on other contractual obligations if the applicant has defaulted on contractual obligations with respect to Terms of Service or other contracts entered into with COMPANY in the past,
(4) COMPANY determines that Section 15, Paragraph 1, Item 8 applies to the applicant, or
(5) COMPANY otherwise determines the application to be unsuitable
Section 5 (Premium User Registration)
1 Registered Users who wish to use Premium Service shall agree to comply herewith and shall be entitled to apply for premium user registration by providing information to COMPANY pursuant to the means stipulated thereby. When such an application is made, COMPANY shall review the application pursuant to its review criteria set forth separately and shall notify the user upon acceptance of the application.
2 COMPANY may not accept applications for premium user registration for any of the following reasons:
(1) the applicant is a minor, adult ward, under curatorship, or under guardianship and consent has not been obtained from the legal representative, guardian, curator, or assistant thereof,
(2) falsification, errors, or omissions in all of part of the information provided to COMPANY in the premium user registration application,
(3) the applicant has previously been or is currently suspended from using SERVICE,
(4) COMPANY determines the applicant a risk to default on other contractual obligations if the applicant has defaulted on contractual obligations with respect to Terms of Service or other contracts entered into with COMPANY in the past,
(5) COMPANY determines that Section 15, Paragraph 1, Item 8 applies to the applicant, or
(6) COMPANY otherwise determines the application to be unsuitable
Section 6 (Access by Minors)
1. Minors shall require consent from a legal representative such as a parent-guardian for premium user registration, use of Premium Service, and any other conduct with respect thereto. Consent of the legal guardian with respect to the use of Premium Service and the provisions set forth herein shall be assumed upon completion of premium user registration by a minor.
2 If a minor who is a Premium User falsely claims to have the consent of his or her legal guardian despite the contrary or falsifies his or her age to access Premium Service, or if he or she makes use of fraudulent means to convince COMPANY that he or she has the legal capacity to act, none of the legal consequences regarding such use can be annulled.
3 Premium Users who were minors upon agreement hereto shall assume all legally-binding conduct pertaining to Premium Service when using Premium Service after becoming a legal adult.
Section 7 (Account Management)
1. Users shall be responsible for managing and storing their account information and shall be prohibited from giving access to, lending, transferring, exchanging titles, or selling their account to any third party. When the consistency of such accounts are checked, the user registered as the holder of the account shall be deemed by COMPANY to have used SERVICE.
2. Users shall bear responsibility for any damages caused by inadequate account management or use, etc., of the account by a third party. COMPANY bears no responsibility with respect to such damages.
3. If a user discovers that his or her account has been compromised or is being used by a third party, such user shall notify COMPANY thereof immediately and comply with any instructions provided by COMPANY.
Section 8 (Treatment of User Information)
1. Users must provide truthful and accurate information upon using SERVICE when sending any personal information or other information requested by COMPANY for the use of SERVICE (“User Information”).
2. In the event User Information contains any errors or if changes to the information arise, users shall be responsible for promptly amending or changing User Information. COMPANY bears no responsibility for any damages incurred by users due to falsification, errors, or omissions in User Information.
3. COMPANY shall treat User Information and any other information collected from users regarding the use of SERVICE appropriately pursuant to the Privacy Policy set forth separately by COMPANY, and users shall agree thereto.
Section 9 (Use of Service)
1. Standard Service provides a limited portion of the features available on Free Service and Premium Service. Users who wish to use Free Service or Premium Service must complete user registration or premium user registration.
2. Free Service provides a limited portion of the features available on Premium Service. Users who wish to use Premium Service must complete premium user registration.
3. Users shall be entitled to use SERVICE pursuant to the methods stipulated by COMPANY within the scope of the purpose set out herein.
4. Users shall only be entitled to use SERVICE for personal purposes and are prohibited from any other use of SERVICE including sale, distribution, or development.
5. Users shall only use SERVICE in the state provided by COMPANY and shall be prohibited from duplicating, amending, modifying, altering, or adapting SERVICE.
6. Setup and maintenance of any IT devices, software, network lines, network environments, etc., required to receive SERVICE shall be managed at the cost and responsibility of users.
Section 10 (Premium Service)
1. Premium Users are entitled to use Premium Service by paying a monthly subscription fee.
2. The monthly subscription fee shall be incurred on the completion date of premium user registration (for credit card payments, this refers to the date on which verification with the credit card company is made with respect to indication of intent to pay the monthly subscription fee for Premium Users). Payment shall be made by credit card or other methods stipulated by COMPANY.
3. The date of payment for monthly subscription fees shall comply with payment deadlines set forth by credit card companies, financial institutions, or other payment agencies.
4. Premium Users shall pay COMPANY delinquency charges charged at the rate of 14.6% annually in the event that the payment from Paragraph 1 is delinquent.
5. COMPANY shall be free to change the subscription rates for Premium Service at its own discretion. In such an event, COMPANY shall notify Premium Users no later than three months prior to the date on which the price changes are to take effect. Premium Users who do not consent to the changes reserve the right to unsubscribe or register to switch to a Registered User account. Premium Users shall be deemed to consent to price changes on Premium Service by using Premium Service on or after the date on which price changes take effect.
6. In the event indication of intent to rescind the Service Agreement is given by a Premium User pursuant to provisions set forth by COMPANY during the term of access to Premium Service, the Service Agreement shall be terminated upon such indication of intent. Provided, however, that there shall be no refund of the monthly subscription fee equivalent to the remainder of the month in which the indication of intent was given regardless of the reason.
Section 11 (Refunds)
Users agree in advance that no refunds shall be made regardless of the reason on any monthly subscription fees or other money already paid to COMPANY by users.
Section 12 (Provision of Affiliated Services, etc.)
1. Users shall be entitled to use affiliated services provided by Affiliated Partners as well as other services provided by COMPANY (hereinafter, collectively referred to as “Affiliated Services, etc.”) via SERVICE. Upon using Affiliated Services, etc., users shall comply with the terms of service and other terms and conditions (including terms and conditions following changes thereto when such terms of service, etc., are amended) set forth by COMPANY or Affiliated Partners for such Affiliated Services, etc.
2. The provider of Affiliated Services, etc., shall be responsible for such services. COMPANY makes no guarantees regarding Affiliated Services, etc., with respect to the conformance thereof to any user’s specific purposes, such services’ commercial value, accuracy, utility, legality, or conformity with internal group regulations which may apply to any user, nor does COMPANY make any guarantees that such services are free from any security shortcomings, errors, bugs, or glitches, nor that such services do not infringe upon the rights of any third party.
Section 13 (Attribution of Rights)
1. All copyrights (including the rights provided in Article 27 and Article 28 of the Copyright Law), patents, utility model rights, trademarks, design rights, and any other intellectual property rights (including the acquisition of such rights and rights to apply for the registration, etc., thereof) pertaining to videos, pictures, and all other provided content on SERVICE shall be attributed to COMPANY or entities granting license(s) to COMPANY. Users shall be prohibited from using or publishing provided content outside the scope of SERVICE without the permission of COMPANY or other entity granting license(s) to COMPANY.
2. COMPANY grants users a non-exclusive license with respect to Service and Provided Content to the extent required for the use of SERVICE. Provided, however, that such license does not include the right to sublicense to any third party, nor does it constitute the transfer or granting of any intellectual property, ownership, or similar rights to users with respect to Provided Content, the right to freely appropriate such content, or any other rights.
3. Users are not entitled to use Provided Content beyond the scope of personal use set forth in the Copyright Law.
4. COMPANY’s trademarks, logos, service marks, etc. (hereinafter collectively referred to as “Trademarks, etc.”) may be displayed on SERVICE; however, COMPANY does not thereby transfer or license the use of Trademarks, etc. to users or any third party.
Section 14 (Prohibitions)
1. Users shall be prohibited from engaging in any of the following conduct while using SERVICE, either of their own accord or through a third party, and shall also be prohibited from directly or indirectly inciting or facilitating any of the following:
(1) inducing malfunctions of SERVICE,
(2) using, creating, or distributing any external tools that evoke normally unintended glitchy behavior in SERVICE or normally unintended effects,
(3) creating excess strain on SERVICE or COMPANY’s servers, etc.,
(4) violating or being a risk to violate any laws, court rulings, decisions, orders, or legally-binding administrative measures, or facilitating such conduct,
(5) committing fraud or blackmailing COMPANY, other users, or any other third party,
(6) making false representations to COMPANY or other users,
(7) being a risk to run counter to strong public policy or endanger the public order and morals,
(8) infringing upon or being a risk to infringe upon the intellectual property rights, portrait rights, privacy, good name, or other rights or interests of COMPANY, other users, or third parties,
(9) disassembling, decompiling, reverse engineering, or otherwise analyzing the source code of SERVICE,
(10) accessing systems connected to SERVICE unauthorized without permission, or overwriting or deleting information stored on COMPANY equipment unauthorized,
(11) Duplicating, transferring, lending, or altering SERVICE,
(12) engaging in conduct that runs counter to the intent or object of Terms of Service and SERVICE,
(13) engaging in any other act deemed inappropriate by COMPANY
Section 15 (Measures, etc., Taken for Violations of Terms)
1. If COMPANY determines that any of the following applies or may apply to a user, COMPANY shall be entitled to take actions including suspending or restricting the use of SERVICE, deleting the account, or rescinding the Service Agreement (“Suspension of Service, etc.”) with respect to the user at its own discretion and without notification if:
(1) the user violates any of the provisions set forth herein,
(2) false representations, either in whole or in part, are found in information provided to COMPANY,
(3) the user passes away or is ordered to be placed under guardianship, curatorship, or assisted living,
(4) it is revealed that the consent, etc., of the legal representative, guardian, curator, or assistant has not been obtained for any Premium User who is a minor under 20 years of age, under guardianship, curatorship, or in assisted living,
(5) the user ceases payment or becomes insolvent, or is motioned to commence bankruptcy proceedings, civil rehabilitation proceedings, or similar proceedings,
(6) the user fails to respond to inquiries or other correspondence from COMPANY requiring reply within thirty (30) days or a period specified separately by COMPANY,
(7) the user has been suspended, etc. in the past or is currently suspended from using SERVICE,
(8) COMPANY determines the user to be part of anti-social forces, etc., (gangs, etc.) or associated or involved in any way therewith by maintaining, operating, or being complicit or involved in the management thereof through the provision of funds or other means,
(9) COMPANY determines that such disciplinary measures are necessary for the operation or maintenance of SERVICE, or
(10) COMPANY determines that there are grounds for such action pursuant to the foregoing
2. Users shall not be exempted from any obligations or liabilities (including, but not limited to, damage compensation obligations) to COMPANY or any third party subject to the Service Agreement even after Suspension of Service, etc.
3. COMPANY bears no responsibility for any damages incurred by any user as a result of actions taken by COMPANY subject to this Section, and COMPANY shall be entitled to retain and use information acquired by it on the user even after Suspension of Service, etc.
4. If COMPANY determines that any of the items from Paragraph 1 apply or may apply to a user, or COMPANY otherwise deems it necessary, COMPANY may request the user to cease the violation, in which event the user shall respond to COMPANY’s request within the period set forth thereby.
5. COMPANY bears no responsibility for any consequences or damages incurred by the user as the result of actions taken by COMPANY pursuant to this Section.
Section 16 (Termination of Service)
1. Users shall be entitled to unsubscribe from SERVICE at any time by deleting their account or through other methods set forth by COMPANY. Users who unsubscribe from SERVICE shall lose access to SERVICE upon unsubscribing.
2. Users acknowledge in advance that access to their account, usage records, favorites, and other information stored on SERVICE will be lost in the event the user accidentally deletes his or her account or loses the right to access SERVICE regardless of the reason.
3. Users shall not be exempted from any obligations or liabilities (including, but not limited to, compensation for damages) to COMPANY or any third party subject to the Service Agreement, even after unsubscribing from SERVICE.
4. COMPANY shall be entitled to retain and use information acquired by it pertaining to users even after the user unsubscribes from SERVICE.
5. COMPANY shall be entitled to delete users’ accounts without prior notification at its own discretion in the event the user unsubscribes from SERVICE. Users accept that all information and CONTENT remaining on SERVICE upon termination of SERVICE will be eliminated.
6. At its own discretion, COMPANY reserves the right to delete accounts for which more than one year has passed since the last access without prior notification
Section 17 (Modification, Interruption, Termination, etc. of SERVICE)
1. COMPANY reserves the right to modify or extend the content of SERVICE, in whole or in part, without notifying users in advance.
2. COMPANY reserves the right to terminate SERVICE at its own discretion by notifying users in advance by posting the notification on SERVICE, on COMPANY Website, or by any other method deemed appropriate by COMPANY. Provided, however, that notification may not be provided in the event of an emergency.
3. COMPANY reserves the right to temporarily interrupt SERVICE, in whole or in part, without prior notice to users when:
(1) performing regular or emergency maintenance or repairs pertaining to network equipment, etc., for SERVICE,
(2) the system experiences a concentrated load due to excessive access or other unforeseen factors,
(3) the need to ensure user security arises,
(4) telecommunications service is unavailable,
(5) a force majeure event such as a natural disaster renders the provision of SERVICE difficult,
(6) fire, power outage, other contingencies, or disturbances including war, unrest, upheaval, insurrection, and labor disputes render the provision of SERVICE difficult,
(7) operation of SERVICE is rendered impossible due to laws and regulations or measures subject thereto, or
(8) COMPANY deems such action necessary subject to the foregoing
4. COMPANY shall bear no responsibility for any damages incurred by users as the result of measures undertaken by it subject to this Section.
Section 18 (Indemnification)
1. If any direct or indirect damages are incurred by COMPANY arising from any conduct in violation of Terms of Service or use of SERVICE by a user (including cases in which COMPANY receives a claim for damages or other claim from a third party caused by such conduct), the user must compensate COMPANY for all damages (including expenses for professionals such as legal counsel and labor costs required by COMPANY to address the situation).
2. COMPANY shall bear no responsibility for any damages incurred by users associated with the use of SERVICE. Provided, however, that COMPANY shall compensate users only for direct and ordinary damages truly incurred thereby, the amount of which shall be capped at the total amount of the monthly subscription fees already received by COMPANY at the time a user makes charges for such compensation.
Section 19 (Confidentiality)
1. Unless provided with the prior written consent of COMPANY, users shall handle any non-public information associated with SERVICE disclosed as confidential by COMPANY in confidence.
2. When requested by COMPANY, users must return or dispose of any information from the preceding Paragraph and any documents or other storage media on which such information is detailed, and any duplicates, etc., thereof according to COMPANY’s instructions without delay.
Section 20 (Exemptions and Disclaimers on Guarantees)
1. With respect to SERVICE and the content as well as all other information provided via SERVICE, COMPANY makes no guarantees regarding the conformity thereof to any user’s specific purposes, their commercial value, accuracy, utility, legality, or conformity with internal group regulations which may apply to any user, nor does COMPANY make any guarantees that SERVICE as well the content and information provided thereon is free from any security shortcomings, errors, bugs, or glitches, nor that SERVICE or such content and information do not infringe upon the rights of any third party.
2. COMPANY does not guarantee that SERVICE is compatible with all devices, and users shall accept in advance that glitches in the behavior of SERVICE may occur in association with upgrades, etc., of operating systems on devices providing SERVICE. COMPANY makes no guarantee that repairs, etc., to the program administered by COMPANY when such glitches arise will eliminate the glitches.
3. Users acknowledge in advance that SERVICE may be restricted either in whole or in part in association with amendments, etc., to the terms of service and operational policies of web browsers including Google Chrome and Safari as well as add-ons.
4. In the event that a dispute arises between users or between a user and a third party pertaining to SERVICE, the users shall notify COMPANY thereof immediately and resolve the dispute at their own responsibility and cost. COMPANY shall not become involved therein in any way and shall bear no responsibility.
Section 21 (Correspondence)
1. Correspondence regarding SERVICE from COMPANY to users (including, but not limited to, notifications regarding amendments or additions to Terms of Service) shall be posted in a suitable spot on COMPANY Website, sent via e-mail, or via push notifications or any other means deemed appropriate by COMPANY.
2. When COMPANY sends notifications via e-mail, the notification(s) shall be deemed to have arrived at the time when such e-mail should generally be expected to arrive upon sending the notification to the e-mail address registered by the user.
3. Inquiries regarding SERVICE and other correspondence or notifications from users to COMPANY shall be sent from the “Contact Us” form located in a suitable location on the COMPANY Website.
4. With the consent of users, COMPANY may send promotions, advertisements, etc., regarding SERVICE based on the e-mail addresses registered by users and other User Information.
Section 22 (Prohibitions on the Transfer of Rights and Obligations)
1. Without the prior written consent of COMPANY, no user shall transfer, delegate, offer as collateral, or otherwise dispose of any rights or obligations subject to the Service Agreement or his or her contractual position herein.
2. In the event COMPANY transfers its business pertaining to SERVICE to a third party, or comprehensively abdicates its business pertaining to SERVICE through a merger in which it becomes an extinct or split company, or through a corporate split, COMPANY shall be entitled to transfer its position, rights, and obligations in the Service Agreement regarding SERVICE, User Information, and any other information regarding users to the assignee or successor of the transfer of business, etc., in association therewith.
Section 23 (Severability)
1. In the event any of the terms and conditions in these Terms of Service or parts thereof are deemed null and void or unenforceable by the “Shohisha Keiyakuko” (Consumer Contract Act) or other laws and regulations, etc., the remainder hereof with the exception of the terms and conditions or parts thereof (“Nullified Parts”) deemed null and void or unenforceable shall continue to remain in full force and effect. COMPANY and users shall work to amend Nullified Parts to the extent necessary to render such parts valid and enforceable and ensure equivalent legal and economic effects thereof.
2. In the event any terms and conditions or portions thereof of these Terms of Service are deemed null and void or unenforceable in relation to a given user, the validity thereof shall not be affected in relation to other users.
Article 25 (Governing Law and Jurisdiction)
These Terms and Conditions shall be governed by the laws of Japan and any disputes arising hereby or in relation herewith shall be resolved at the Tokyo Summary Court or Tokyo District Court, depending on the amount in controversy, as the first court of agreed exclusive jurisdiction.
【Oct/4/2016 Revised】