Q Entertainment Inc.
Website Terms of Service
This Website Terms of Service in English is a translation of the original Website Terms of Service, and the Website Terms of Service in Japanese shall be treated as the only document legally binding between the parties The section and article headings appearing in this Website Terms of Service are inserted only as a matter of convenience and in no way define, govern, limit, modify or construe the scope or extent of the provisions of this Website Terms of Service to which they may relate and therefore shall not be given any legal effect. The Website Terms of Service is in effect from 21st December 2007.
1. General
Article 1. Terms of Service
This Website Terms of Service (“Terms of Service”) shall apply to any and all website services offered and managed by Q Entertainment Inc., (“Q Entertainment”) subject to Article 20 hereunder (“Service”) and any and all Users (defined in article 5 hereunder) must agree to be bound by the Terms of Service hereunder.
Article 2. Applicable Range of Terms of Service
Any and all notifications made to Users by Q Entertainment, as set forth in Article 4 below, shall be deemed to be a part of the Terms of Service.
Article 3. Changes to Terms of Service
1. Q Entertainment may change the Terms of Service without the prior consent of the User. All use of Service after any such changes are made shall be governed by the changed Terms of Service.
2. Any and all changes to the Terms of Service shall, unless otherwise set forth by Q Entertainment, be effective from the moment that they are displayed online.
Article 4. Notifications From Q Entertainment
1. Q Entertainment shall inform Users of important information by displaying it online or by other means that Q Entertainment deems appropriate.
2. Notifications as stipulated in the 4.1 above shall be effective from the moment that the content of the notification is displayed online by Q Entertainment.
2. Users
Article 5. Users
1. “User” shall mean an individual who uses the Service offered and managed by Q Entertainment hereunder.
2. Any and all User shall be considered to have agreed to the Terms of Service at the moment that they perform user registration for a Q Entertainment website.
3. The User acknowledges and accepts that the copyrights in and to the Service and all other intellectual property rights in and to the Service belong to Q Entertainment and/or its licensors thereof.
Article 6. Prohibition of Transferring User Rights
The User may not transfer, sell, rent, lease or loan any rights or privileges that being a User bestows upon them to a third party, or use these rights or privileges as basis for name changing proceedings, as collateral or in any other securities based activity.
Article 7. Terminating Use of Service
1. The User may end their use of the Service at any time by contacting Q Entertainment in the manner and proceedings set forth by Q Entertainment.
Article 8. Facilities etc.
1. The User must be responsible, at its own risk and expenses, for preparation, acquisition, and configuration of any equipment including without limitation hardware, software, operating systems, internet connections and all other requirements necessary for using the Service.
2. The User accepts and agrees that any fees and charges including but not limited to telephone charges, internet connection costs, electricity charges and all other relevant payments required for and to be incurred by for using the Service must be responsible by the User at User’s own risk and expenses, and agrees to make all such payments themselves.
3. Responsibilities of Users
Article 9. Responsibility for Personal Recognition Information
1. “Personal Recognition Information” shall mean any combination of an ID or ID combined with password or other code being used, if any, that allows the User to use the Service, and “Personal Recognition” shall mean the recognition of the right to use the Service via the Personal Recognition Information under the Terms of Service.
2. The User may not allow another individual to use the Service via their own Personal Recognition Information and Personal Recognition, and this information must not be shared or passed onto another individual. All actions taken when the Service is used after a User performs Personal Recognition shall be taken to be the actions of that User, regardless of whether or not they are actually that User’s actions. This includes any and all actions including but not limited to the actions of a third party who has been given Personal Recognition Information, and the actions of a third party who is able to access the User’s account without their direct knowledge due to a permanent connection and so on employing fixed computer / network connections and settings.
3. Q Entertainment will not guarantee functionality or product quality in case of a User simultaneously logging in with a third party using the same Personal Recognition Information, or when such a third party logs in alone.
4. The User is entirely responsible for their own Personal Recognition Information, including ID and password. Q Entertainment takes no responsibility or liability for any damages caused to the User through a third party using their Personal Recognition Information, regardless of whether or not it was deliberate on the part of the User.
Article 10. Personal Responsibilities
1. The User takes full responsibility for all actions taken when using the Service and all services offered by it (including but not limited to the results of those actions and any actions as stipulated above which are taken by a third party using the User’s Personal Recognition Information and this applies in all cases hereinafter.)
2. If the User causes damages in any way to Q Entertainment or a third party through use of the Service, including any damages caused to Q Entertainment or a third party through the User’s failure to maintain their obligations as stipulated in this Terms of Service, it is the responsibility of the User at User’s own risk and expenses to resolve the issue, including but not limited to payment of any incurred financial reparations.
Article 11. Checking of Notifications
The User is responsible for checking all notifications displayed online by Q Entertainment in accordance with 1.3 and 1.4 above.
Article 12. Prohibited Actions
The User must not perform any of the following actions while using the Service.
(1) Infringe upon the copyrights, trademarks and other intellectual property of Q Entertainment or a third party.
(2) Infringe upon the property, privacy or other rights of any individual.
(3) Defamatory, discrimination or libelous conduct, or conduct that may damage the good name and reputation of a third party.
(4) Criminal or fraudulent activities.
(5) Display or transmission of text or pictures that may be deemed as being obscene, child pornography or child abuse, attempting to sell media containing such images or advertising the transmission, display or sale of such materials.
(6) Stalking and other such illegal violations of another’s rights.
(7) Creating pyramid schemes or other such activities, or attempting to invite others to join existing schemes.
(8) Impersonating another person while using the Service.
(9) Any activities relating to public elections, including the promotion of candidates and so on.
(10) Religious activities or recruiting for religious groups.
(11) Business activities, or use for business purposes.
(12) Sending unsolicited E-mail containing advertisements, publicity, invitations and so on or E-mail of a nasty or offensive nature to a third party. Attempting to interfere with the transmission of E-mail between two other parties. Starting an E-mail chain letter or responding to and continuing such an E-mail if received.
(13) Accessing third party facilities or Service Facilities (transmission facilities, transmission lines, computers and other machinery, equipments or software maintained by Q Entertainment in order to provide the Service, and collectively referred to as “Service Facilities” hereinafter) without permission, or obstructing or attempting to obstruct the use or management of these facilities.
(14) Obtaining other User’s personal information without their consent, or attempting to deceive others into giving up their personal information.
(15) If the User is obliged under the law to make a submission to the competent authorities, apply for a patent or undertake other proceedings and then does not do so, or any other such unlawful activities.
(16) All other activities in addition to those outlined above 12(1) to 12(15) which infringe upon the law, the Terms of Use or socially acceptable behavior, (violent, offensive comments and so on.), attempts to disrupt the management and running of the Service, actions which may damage the reputation of Q Entertainment or damage the property of Q Entertainment, or which may cause financial loss to Q Entertainment or a third party.
(17) Displaying the personal information of a third party.
(18) Pretending to be a Q Entertainment employee or member of the support staff.
(19) Posting of links to text or data and so on that may be described as any of the above 12(1) to 12(18) actions, including those instances in which the poster of the link is not directly responsible for said actions, with the intention of aiding such activities.
Article 13. Deletion of Data etc.
1. When the amount of text or data registered by a User of the Service exceeds the time limit or amount set forth by Q Entertainment, or if Article 12 (Prohibited Actions) can be applied to it, Q Entertainment may delete said content without any prior notice to the User. Furthermore User data registered to Service Facilities may be deleted without any prior notice to the User, if required during the management and maintenance of the Service.
2. Q Entertainment takes no responsibility for data and so on deleted in accordance with Article 13.1 above.
Article 14. Changes to the Service
Q Entertainment may change the content of the Service without prior notification to the User.
Article 15. Temporary Suspension of the Service
1. Q Entertainment may temporarily suspend the Service without prior notice to the User under the following circumstances.
(1) In order to perform periodical or emergency maintenance to Service Facilities.
(2) If fire or power cuts prevent supply of the Service.
(3) If natural disasters, including earthquakes, volcanic eruptions, floods or tsunamis, prevents supply of the Service.
(4) If war, riots, strike actions and so on prevent supply of the Service.
(5) Under any other circumstances in which Q Entertainment deems a temporary suspension of the Service is required, due to external or technological factors.
2. In case of a suspension or delay to the Service in accordance with any of Article 15.1 above, Q Entertainment takes no responsibility or liability for any damages incurred as a result to the User or any third party.
Article 16. Indemnification
1. Q Entertainment bears no responsibility for the comprehensiveness, suitability, reliability and usefulness of software, data and so on, supplied by Q Entertainment or of data and so on registered by third parties.
2. The content of the Service shall be limited to that which Q Entertainment is able to provide at any given time, and the responsibilities of Q Entertainment to the User shall be limited to responsibly managing the Service with due precautions taken to allow the User to use the Service without error or obstruction. Q Entertainment is neither responsible for any damages and losses incurred to the User through the use of this service, including without limitation, any damages and losses caused by trouble with a third party, or for any damages and losses incurred to the User through being unable to make use of the Service, nor liable to compensate the User under this circumstances.
Article 17. Termination of the Service
1. Q Entertainment may stop supplying part or all of the Service after providing online notification of doing so.
2. Performing the prior notification of Article 17.1 above means that Q Entertainment is not therefore liable for claims of compensation from Users or third parties due to the termination of the Service.
Article 18. Breaches of Terms of Service
1. In case of a breach or an apparent breach of the Terms of Service on the part of the User, Q Entertainment receiving claims or demands from a third party due to the User’s use of the Service, if Q Entertainment deems it necessary or under any other circumstances that Q Entertainment deem appropriate they may take one or any combination of the following actions against the User.
(1) Request that actions in breach, or that may be in breach, of the Terms of Service be stopped and/or not repeated.
(2) Open proceedings (including legal resolution proceedings) to resolve claims, demands and so on from a third party.
(3) Request that information transmitted or displayed by the User be changed or deleted.
(4) Delete part or all information transmitted or displayed by the User, or render it unable to be viewed by a third party.
(5) Temporarily suspend the User’s ID, or delete it completely.
2. The User accepts and agrees that Q Entertainment does not have to explain why the steps detailed above have been employed. Furthermore, Q Entertainment is in no way liable for the results of having taken any of the steps stipulated in Article 18.1 above.
3. The User accepts and agrees that the steps stipulated in Article 18.1(4) and Article 18.1(5) may be implemented at Q Entertainment own discretion and without prior notification to the User.
Article 19. Termination of User Status by Q Entertainment
1. In addition to Article 18.1(5) above, Q Entertainment may temporarily suspend or completely delete the User’s ID without any prior notice and/or notification to the User under any of the following circumstances.
(1) If, regardless of having been sent a request in accordance with Article 18.1(1) to 18.1(3), the User does not adhere to this request.
(2) If Article 12 (Prohibited Actions) can be applied to the User.
(3) Under any other circumstances in which Q Entertainment deems that an individual is not suitable to be a User.
2. If the User has multiple IDs and any of such IDs is fell in and applicable to Article 18.1(1) to 18.1(5) or Article 19.1 above, Q Entertainment may temporarily suspend or completely delete all of the other IDs belonging to that User.
3. If Q Entertainment suffers damages and losses under the Article 12(13) or Article 19.1 above, Q Entertainment may make a demand for reparations for these damages and losses to the User, regardless of whether or not the User’s ID has been deleted or temporarily suspended.
4. Service
Article 20. Restrictions of Usage
The User accepts and agrees that restrictions upon the use of certain services may be applied to them through the registration process for using the Service.
5. Personal Information
Article 21. Personal Information
1. Q Entertainment may use User’s personal information for the following purposes.
(1) For informing the User of news and other information pertaining to services provided by Q Entertainment.
(2) In order to respond to lawsuits and disputes.
(3) In order to create statistical data for improvement of the service offered by Q Entertainment.
(4) In order to send prizes won in competitions and so on. run by Q Entertainment.
(5) To create internal data based upon personal information as reference materials for Q Entertainment’s business partners.
(6) To display on the User’s terminal or to send via E-mail details on Q Entertainment services and partner’s products, an introduction to services and so on. or Q Entertainment websites that the User has accessed. The User may terminate or restart these services at any time by contacting Q Entertainment.
2. All personal information registered with Q Entertainment will only be used for (1) through (6) as stipulated above, and will never be used for any other purposes.
3. The handling of the User’s personal information shall be in accordance with the Q Entertainment Privacy Policy.
4. In case of wishing disclosure, alterations or deletion of personal information registered with Q Entertainment, or to see the results of disclosure or to correct mistaken information, the Privacy Policy (http://www.qentertainment.com/privacy.html) should be consulted.
6. Other
Article 22. Jurisdiction
Any action, suit or proceeding arising out of or relating to the agreement between the User and Q Entertainment hereunder shall be exclusively brought in the Tokyo District Court, and each of the party hereby submits to the jurisdiction of such courts for the purpose of any such action, suit or proceeding.
Article 23. Authority
The Terms of Service shall be governed by and interpreted in accordance with the laws of Japan.