MIKUBOOK Terms of Service

These Terms of Service (the "Terms of Service") constitute an agreement between Crypton Future Media, Inc. and all of its affiliates (collectively, "we," "us" or "our") and you ("you" or "your") regarding Mikubook and any pages, services, products and software thereof. By using the Service, you agree to be bound by these Terms of Service as well as the Mikubook Privacy Policy (the "Privacy Policy"). If you do not agree to these Terms of Service and the Privacy Policy in the entirety, do not use the Service. If you have questions regarding these Terms of Service or the Privacy Policy, please contact us at mikubook@crypton.co.jp.

We may, in our sole discretion, modify or revise these Terms of Service without notice at any time. Such modifications will be effective when these Terms of Service, as modified, are posted on this Service. You should review these Terms of Service periodically for modifications. Your continued use of the Service after any such modifications shall be deemed to be acceptance of these Terms of Service as modified.

1. Service

We may, in our sole discretion, change, suspend or terminate the Service or any part thereof without notice at any time and for any or no reason. We will not be liable to you or any third party for any such change, suspension or termination.
The Service may contain links to third-party websites that are not under our control. We do not endorse, and we shall have no responsibility or liability for, any of the information, content, privacy policies, products, services or practices on or of such websites. If you choose to use such websites, you do so solely at your own risk.

2. Account

If you are under the age of eighteen, you may not use the Service without the consent of your parent or legal guardian.
In order to post Content (as defined below) and to access certain aspects or features of the Service, you will have to become a registered user, which requires that you create an account (an "Account") with us. When you create your Account, you must provide true, current, correct, accurate and complete information. You also must update such information from time to time as necessary to ensure that it remains current. All information that you provide to us in connection with creating or updating an Account or using the Service is subject to the Privacy Policy.
You may not assign or transfer your Account or allow any person to use your Account. You may not use another user's Account.
You are solely responsible for all activity in your Account or that uses your password. You may not disclose your Account information and password to any third party. You agree to notify us immediately of any breach of security or unauthorized use of your Account or password.
If you decide not to create an Account, you will not be able to post Content and we may not be able to provide you with certain aspects or features of the Service.

3. User Content Made Available by Account Holders

If you make Content available through the Service, the following terms and conditions apply to you:

You are solely responsible for all text and comments you post, upload, submit, distribute, contribute or make available to or through the Service ("Content").
You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to post, upload, submit, distribute, contribute and make available your Content to or through the Service and to grant us the license in clause (iv) below.
You assign to us all right, title and interest in any comments you post, submit, distribute, contribute or make available to or through the Service.
You grant us a perpetual, irrevocable, worldwide, non-exclusive, sublicenseable, transferable and royalty-free license to use, reproduce, prepare derivative works of, allow comments on, distribute, display, or otherwise exploit, in any way, your other Content or any portion thereof in any media now in existence or as hereafter may be developed.
You are not entitled to any compensation, from us or any of our licensees, for any uses of your Content.
You grant each other user of the Service a perpetual, non-exclusive, non-transferable royalty-free license to access, view, reproduce, prepare derivative works of, distribute, and publicly display your Content as and to the extent permitted by the Service.

4. License and Prohibited Conduct

We hereby grant you, subject to your compliance with these Terms of Service and the Privacy Policy, a non-exclusive, non-transferable license to access the Service and, if you are an Account holder, to upload, submit, or make available Content.

Your right to use the Service is expressly conditioned on your not using the Service, and you agree not to use the Service, for any of the following:

Interfere with our operation of the Service or use of the Service by other users;
Circumvent, remove, disable, decipher, damage or interfere with the Service's security features, authentication features or features that restrict access to the Service or copying of any content on the Service;
Reverse engineer, decipher, decompile, disassemble or discover the source code of the Service or any part thereof;
Transmit viruses, adware, spyware, worms or other code, files or programs designed to interrupt, limit or destroy the functionality of any software, hardware or telecommunications equipment;
Infringe, misappropriate or violate any copyrights, trademarks, trade secrets or other intellectual propriety or moral rights of us or of any third parties;
download Content, the Service or any part thereof for any purpose other than as expressly permitted by these Terms of Service, including display of the Content or the Service on other websites; and
Take any action that would be reasonably likely to induce, incite, assist, encourage or instruct others to engage in any of the foregoing or to violate these Terms of Service or Privacy Policy.

If you are an Account holder, your right to use the Service is expressly conditioned on your not using the Service, and you agree not to use the Service, to make available through the Service, Content that:

Engages in, or induces, incites, assists, encourages or instructs others to engage in, any illegal or dangerous actions, including illegal or underage alcohol or drug use;
Harms or exploits minors in any manner;
Defames any person or business;
Collects or reveals personal information of any other person or otherwise violates the privacy rights of any third party;
Depicts identifiable persons without the consent of such persons to use their names, voices, photographs and likenesses;
Deletes, modifies or conceals any copyright, trademark or other proprietary rights markings or notices;
Threatens, abuses, stalks, intimidates, embarrasses, demeans or harasses any other person;
Discriminates, expresses hatred, attacks or demeans a group on the basis of ethnicity, religion, race, gender, age or sexual orientation;
Is violent, gruesome, vulgar, offensive, indecent, obscene, sexual or pornographic (including child pornography), contains nudity, or that is otherwise objectionable, as we, in our sole discretion, may determine;
Engages in, advertises, solicits or promotes commercial activities, auctions, products or services in any manner, including spam, junk, bulk or chain mail, without our prior written permission;
Impersonates, misrepresents or falsely claims an affiliation with any other person, entity or organization;
Commits fraud or makes available inaccurate, incomplete, fraudulent, false, deceptive or misleading Content;
Discloses inside information or confidential information;
Depicts animal cruelty or abuse; and
Would be reasonably likely to induce, incite, assist, encourage or instruct others to engage in any of the foregoing.

At any time and without notice, and in our sole discretion, we may remove, delete, suspend or terminate any Content and we may suspend or terminate any Account holder or other user for any reason or no reason, including, but not limited to, any Content or user we deem to be in violation of the Terms of Service, or Privacy Policy.

5. Copyright Policy

We will respond to notices alleging copyright infringement committed on or through the Service that are compliant with the Japanese Copyright Act and 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. We will promptly terminate any user's account if we determine that such user is a repeat infringer of copyright.

6. Privacy

Your privacy is important to us. Our Privacy Policy sets forth our practices concerning collection, use and disclosure of information you provide in connection with the Service.

7. Disclaimer of Warranties

YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE AND ANY PRODUCTS, INFORMATION OR CONTENT CONTAINED IN THE SERVICE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS AND LICENSORS, AND EACH OF OUR AND THEIR CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS, DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, IN CONNECTION WITH THE SERVICE OR YOUR USE THEREOF, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRETARY RIGHTS.

WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR, (I) THE ACCURACY, RELIABILITY OR COMPLETENESS OF ANY PRODUCTS, INFORMATION OR CONTENT ON THE SERVICE AND ANY VIRUSES, ADWARE, SPYWARE, WORMS, ERRORS, MISTAKES, OR INACCURACIES OF OR WITHIN SUCH PRODUCTS, INFORMATION OR CONTENT, (II) ANY CHANGES, SUSPENSION OR TERMINATION OF THE SERVICE OR ANY PART THEREOF, (III) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (IV) THIRD-PARTY PRODUCTS OR SERVICES OBTAINED THROUGH OR ADVERTISED ON THE SERVICE, (V) UNAUTHORIZED ACCESS TO THE SERVICE OR YOUR ACCOUNT, (VI) CONTENT OR CONDUCT OF ANY USER OR (VII) ANY OTHER MATTER RELATING TO THE SERVICE.

8. Limitation of Liability

IN NO EVENT SHALL WE OR OUR SUPPLIERS OR LICENSORS, OR ANY OF OUR OR THEIR CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR PARTNERS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, THE Privacy Policy OR THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

OUR TOTAL LIABILITY, WITH THE CUMULATIVE TOTAL LIABILITY OF OUR SUPPLIERS AND LICENSORS, AND OF EACH OF OUR AND THEIR CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS, TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RELATED TO OR ARISING OUT OF THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IS CAPPED AT THE AMOUNT YOU PAY FOR THE SERVICE.

9. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold us and our suppliers and licensors, and each of our and their contractors, officers, directors, employees, agents and partners, harmless from and against any and all third-party claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of these Terms of Service or the Privacy Policy ; (iii) your violation or breach of any third-party right, including any intellectual property, publicity or privacy right; or (iv) any third-party claim that your Content caused injury or damage to such third party.

10. General

These Terms of Service and the Privacy Policy shall be governed by and construed in accordance with the laws of Japan without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Service shall be filed only in Tokyo District Court, and, for such purpose, you agree to submit to the personal jurisdiction, and not object to the venue, of any such court.

These Terms of Service, together with the Privacy Policy and any other legal notices we publish on the Service, shall constitute the entire agreement between you and us relating to the Service.

If any provision of these Terms of Service is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Sections 7, 8, 9 and 10 shall survive any termination of the Service or your use of the Service.

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE WILL BE PERMANENTLY BARRED UNLESS IT COMMENCES WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.

Last modified as of July 1, 2011.