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Kracie Group Social Media Terms of Use

Kracie Ltd. and its subsidiaries (referred to as "Kracie Group" below) set forth the following Kracie Group Social Media Terms of Use (referred to as "Terms" below) pertaining to usage of the official Kracie social media account provided to users (referred to as "User(s)" below) of the official Kracie social media account operated by the Kracie Group, and ancillary services (referred to as "Services" below).
These Terms are rules that apply to usage of the Services by the User. In order to ensure pleasant usage of these Services, read the following Terms carefully.

Article 1 (Usage of the Services)

The User (This includes all users from both within and outside of Japan. The same applies below.) submitting posts, etc., of text, character strings, comments, static images, and video footage (referred to as "Post(s)" below) in the Services constitutes consent by the User that the posted text, character strings, comments, static images, and video footage and general terminology including information, etc. about those comments, static images, and video footage (referred to as "Posted Information" below) take on a format that allows viewing, listening, and browsing in the Services. Simultaneously, the User is deemed as consenting to these Terms at the time of Posting.
Furthermore, usage by a legal minor requires the consent of the guardian. Guardian consent is deemed to have been attained at the time of usage. However, concerning Facebook, please be aware that minors under the age of 13 are not allowed to use Facebook.

Article 2 (Administrative Office response, etc.)

  • (1) As a general rule, regarding User Posted Information within the Services, the Kracie Group issues comment Posts within the following times. However, please be aware in advance that we cannot promise to respond to all Post comments.
    Comment Post time: 10:00 - 17:00
    (as per Japan standard time, and excluding Saturdays, Sundays, holidays, and Kracie Group closed days)
  • (2) If it is deemed that Posted Information submitted by a User in the Services falls under the prohibitions listed in Article 3 (Prohibitions), the Kracie Group may at its own discretion delete the Posted Information and take other necessary measures, without issuing prior notice to the User.
  • (3) If the Kracie Group deems Posted Information to fall under any of the following conditions, the Kracie Group may delete the Posted Information without issuing prior notice to the User, even if it is not clear if the Posted Information falls under the conditions of Article 3 (Prohibitions). The User is deemed to have consented to this.
    • (a) In a case pursuant to the law
    • (b) When necessary to protect the life, body, or property of a person
    • (c) When necessary to improve public health or promote the sound growth of children
    • (d) When it is necessary to cooperate with a national agency, a local government, or an entity entrusted by such to execute affairs prescribed by law, and obtaining the consent of the User could possibly impede the execution of such affairs
    • (e) When the Kracie Group deems it necessary in order to respond to a claim against conduct that damages third party rights
    • (f) Apart from the above, when the Kracie Group deems it necessary for the operation of the Services
  • (4) Concerning the previous paragraph, regarding the Post in the Services and the entirety of any other conduct engaged in by the User in the usage of the Services, the Kracie Group retains a record of the conduct and all information regarding the User who engaged in that conduct (including User personal information, all information connected with account registry, all information related to the usage of the Services by the User, and all network related information such as the IP address and time stamp confirmed by the Kracie Group, and referred to as "User Information" below) and can disclose and supply such to third parties including subcontractors. The User is deemed to have consented to such.
  • (5) The User consents to not voicing disagreement towards the Kracie Group regarding the deletion of Posted Information by the Kracie Group, or any of the measures in the previous items above.
  • (6) Additionally, concerning Kracie Group handling of personal information, see the Personal Information Protection Policy*.
    *https://www.kracie.co.jp/eng/privacy/
  • (7) The Kracie Group may outsource business related to the operation of the Services to cooperating companies, affiliated companies, etc. that have signed nondisclosure agreements, etc. with the Kracie Group (cooperating companies, affiliated companies, etc. are referred to as "Subcontractors" below). Furthermore, the User is deemed to have consented to the Kracie Group supplying User Information to Subcontractors for the operation of the Services.

Article 3 (Prohibitions)

  • The Kracie Group prohibits the User from engaging in the conduct listed below concerning usage of the Services, Posts, and Posted Information.
    • (a) Conduct that violates these Terms
    • (b) Conduct that violates the law and conduct that aids, abets, coerces, or facilitates such violating conduct
    • (c) Conduct that places excessive burden on the server for the Services
    • (d) Conduct that hinders usage of the Services by other Users
    • (e) Conduct that infringes upon another person's reputation, social credibility, privacy, portrait rights, publicity rights, copyrights, other intellectual property rights, or other rights (including all rights stipulated in law or recognized through judicial precedent)
    • (f) Conduct that constitutes slander, threats, or harassment of other users
    • (g) Conduct of expression concerning ethnicity, religion, race, gender, age, etc. that reflects discrimination
    • (h) Conduct that solicits, induces, or encourages suicide, group suicide, self-injury, or the use of illegal or illicit drugs
    • (i) Conduct that induces encounters for the purpose of sexual intercourse or indecent acts
    • (j) Conduct of sexual, indecent, or violent expression, animal abuse, or other conduct that may cause undue discomfort to others
    • (k) Conduct of uploading or posting links to highly revealing obscene videos
    • (l) Conduct of posting links to websites for downloading child prostitution/pornography and uncensored video clips
    • (m) Additionally, any conduct contrary to public order, morals, and general norms
    • (n) Conduct of buying and selling, auctioning, cash payments, and any similar conduct, without the permission of the Kracie Group
    • (o) Conduct of promoting and product and service advertising without permission from the Kracie Group, as well as conduct for the purposes of solicitation such as spam e-mails and chain e-mails
    • (p) Conduct identity fraud using the name of another person or an organization name such as that of a company
    • (q) Conduct of inducing unintended video playback through falsities or misleading information
    • (r) Any other conduct that hinders the operation of the Services or conduct that the Kraie Group deems as inappropriate
    • (s) Any conduct similar to any of the conduct listed above

Article 4 (Usage of account information)

The User consents to the User's information in the Service being used as the name of the User in the use of the Service.

Article 5 (Copyrights and Posts)

  • (1) The User must Post in a way that does not infringe upon third party copyrights. Unauthorized copying of photographs, video footage, and text from magazines, websites, television, etc. is prohibited, unless prior consent from the rights holder has been obtained.
  • (2) For the User to Post in the Services, all of the following conditions must be met.
    • (a) Static images must be of the designated file format and file size (6MB max). The designated file formats for static images are, on a computer, .jpg, .jpeg, .gif, .tif, .tiff, and .png files.
    • (b) Video footage must be of the designated file format and file size (20MB max). The designated file formats for video footage are, on a computer, .wmv, .avi, .mov, and .mpg files.
    • (c) For mobile devices, send the video footage file you recorded as-is. However, limits to the sending size differ depending on the mobile device.
    • (d) Concerning the subject, copyrighted material, etc. used in static images and video footage, the User must attain prior consent or permission from the subject, copyright holder, etc. before posting. Furthermore, concerning the insertion of music, music that infringes upon copyrights, neighboring rights, etc. is prohibited.
    • (e) There may be no violations of Article 3 (Prohibitions).
  • (3) If the Kracie Group deems improper methods have been used to increase or decrease the number of views, the Kracie Group may delete the Posted Information with no prior notice to the User, and the User consents to such.
  • (4) The copyright of Posted Information the User Posts without infringing upon the copyright of any third parties belongs to the User if it is outside the scope of the copyright held by the Kracie Group or the rights holder. Additionally, the User grants to the Kracie Group the right to use Posted Information free of charge (including reproducing, copying, altering, re-licensing to a third party, and all other types of usage).
  • (5) When Posting, the User must use items for which the User possesses the copyright or legitimate usage authorization. Concerning text, the User must not Post the text of a third party, except for "quotations" in the Copyright Act.
  • (6) At its own discretion, the Kracie Group may use Posted Information from the User (the User name, nicknames, etc. and static images and video footage (including face images)), but only for public relations, advertising, and promotional purposes concerning Kracie Group products, services, etc. We ask you to be aware of this before using the Services.
  • (7) Concerning Posted Information that is text, character strings, or comments, if the User enters prohibited words defined by the Kracie Group in advance, the Kracie Group may delete the comment or replace those words with words set in advance.
  • (8) Concerning Posted Information that is static images or video footage, the Kracie Group may alter such beyond the scope of identity.
  • (9) The User may not exercise the moral rights of an author against deletion, replacement, or alteration of Posted Information.
  • (10) Please be aware that Posted Information does not in any way represent the opinion of the Kracie Group, and has not been checked by the Kracie Group. Additionally, please be aware that while Kracie Group employees may voluntarily participate in the Services and express their opinions there, this is nothing more than their own personal opinions, and do not represent the views of the Kracie Group.

Article 6 (Operating environment)

  • (1) The User is responsible for providing, at the expense of the User, all devices, software, telecommunication lines, etc. necessary for using the Services.
  • (2) The User is asked to provide, under the responsibility of and at the expense of the User, security measures such as computer virus preventions, etc.

Article 7 (Intellectual property rights)

  • (1) Concerning all copyrighted material, portraits, contents, and any other information in the Services, the intellectual property rights such as copyrights and the usage rights thereof belong to the Kracie Group or the rights holder. Refrain from using without permission, except when allowed by the Copyright Act or other laws, regulations, etc.
  • (2) The rights pertaining to trademarks displayed in the Services are owned by the Kracie Group or the rights holder. Refrain from unauthorized use of trademarks without prior consent of the Kracie Group or the rights holder.

Article 8 (User obligations and liability)

  • (1) In addition to the provisions set forth in these Terms, the User also bears all legal liability concerning Posts and Posted Information in the Services, including the infringement of copyrights, portrait rights, etc. Additionally, the User also bears all liability whatsoever for violations, etc. of service terms for social media that the User uses, and also bears all obligations pertaining to expenses for compensation, etc. for damages arising from those violations, etc.
  • (2) In addition to the provisions set forth in these Terms, the User must use the Services solely at the risk and expense of the User, use information gained from using the Services at the sole discretion and risk of the User, and solely bear any liability, damages, etc. arising from using that information.

Article 9 (The right to delete and alter)

  • (1) If any of the following circumstances occur, the Kracie Group may delete Posted Information at any time without issuing prior notice.
    • (a) If the User violates these Terms or any other regulations specified elsewhere
    • (b) If it is discovered that Posted Information does not belong to the User
  • (2) Concerning deletion of Posted Information, the Kracie Group bears no liability whatsoever to that User or any third party.
  • (3) The Kracie Group may, at any time, and without issuing notice to the User, etc. change the details of the Services, or suspend or terminate the Services, if the Kracie Group determines doing so to be necessary.
  • (4) The Kracie Group may, at their own discretion, and without issuing prior notice to the User, etc., renew, add to, alter, delete, etc. these Terms or the contents of the Services.
  • (5) The Kracie Group bears no liability whatsoever to the User, etc. concerning content alteration, suspension, or termination of the Services.

Article 10 (Disclaimer of warranties)

  • The Kracie Group does not offer warranties for any of the following.
    • (a) That defects or failures will not occur in the computer or mobile device of the User, etc. due to the Services
    • (b) The accuracy of contents and completeness of products
    • (c) That the contents do not infringe on the rights of a third party
    • (d) That the Services will survive permanently
    • (e) Guarantees for the reliability or efficacy of matters related to advertised companies and products
    • (f) That usage of the Services will fulfill the requirements of the User
    • (g) That interruptions or errors will not occur in the usage of the Services

Article 11 (Right and obligation assignment, etc.)

  • (1) The User cannot assign to, transfer to, or set as collateral for a third party, or otherwise dispose of the rights or obligations pursuant to these Terms without prior written consent of the Kracie Group.
  • (2) If the Kracie Group transfers, etc. any business related to the Services to another company (including, but not limited to, business transfers and company splits), the Kracie Group can assign to the recipient of the business transfer, etc. the contractual status, rights, and obligations as well as User records and other customer information pursuant to these Terms. Additionally, the User is deemed to have granted consent in advance concerning the transfer, etc. in this Article.

Article 12 (Exemptions)

  • (1) The Kracie Group will not be involved in any way, and is not liable whatsoever concerning, the usage environment of the computer or mobile device of the User or a third party.
  • (2) The Kracie Group is not liable whatsoever concerning the content of Posted Information that has been posted by the User, using the Services.
  • (3) The Kracie Group is also not liable whatsoever for any damage occurring due to the Service content change, suspension, or termination.
  • (4) If failures in the viewing of the Services occur due to unforeseeable causes, the Kracie Group is not liable whatsoever.
  • (5) The Kracie Group is not liable concerning the legality, morality, reliability, or accuracy of Posted Information and products.
  • (6) The Kracie Group is not liable whatsoever concerning matters related to advertised companies.
  • (7) The Kracie Group is not liable whatsoever for the legality, reliability, or accuracy of websites linked from pages in the Services.
  • (8) When the User uses the Services, the Kracie Group does not guarantee the accuracy, legality, morality, recentness, appropriateness, etc. of the information posted in the Services.
  • (9) The Kracie Group is not liable whatsoever for any damages caused by using or not being able to use the Services or by using or not being able to use anything linked from the Services, whether the damages are direct or indirect.
  • (10) The Kracie Group will not be involved in communication between or activities among Users. If the User causes damages to a third party in relation to the usage of the Services, the User must, under the sole liability and expense of the User, compensate those damages or resolve the dispute with that third party, and must not inconvenience the Kracie Group in any way.
  • (11) If the User violates any of the provisions of these Terms as well, the User must exempt the Kracie Group from claims, lawsuits, and all legal actions towards the Kracie Group.
  • (12) If a dispute with the User concerning telecommunications fees arising from the use of the Services arises, the Kracie Group is also exempt from this dispute as well.
  • (13) The User understands in advance that if Posted Information is shared with another person, the Kracie Group cannot track down the shared location and delete it, and that even if the Kracie Group determines that Posted Information is inappropriate and deletes it, if that Posted Information is shared with another person before deletion, the Kracie Group cannot track down the shared location and delete it, and the Kracie Group is not liable whatsoever concerning this.

Article 13 (Altering the operation and Terms of the Services)

  • (1) The content of the Services and details of these Terms may be altered at any time without prior notice by the Kracie Group, at its own discretion.
  • (2) The user is deemed to have agreed to the content at the time of the change. The Services may be suspended or terminated for any reason without prior notice.
  • (3) If any discrepancies arise between these terms and individual social media terms, app terms, or individual campaign, etc. related application terms, the individual social media terms, app terms, or individual campaign, etc. related application terms take precedence.

Article 14 (Force majeure)

The Kracie Group is not liable whatsoever to the User or any third parties concerning the non-performance or delayed performance of the obligations pursuant to these Terms arising directly or indirectly from natural disasters, floods, tsunamis, lightning, typhoons, storms, earthquakes, illnesses or other contagious diseases, war, the threat of war, the state of war, terrorism, insurrection, revolution, fire, explosions, maritime disasters, blockades, riots, strikes, factory closings or other labor disputes, disturbances, shortages of or restrictions on energy supply or raw materials, regulations by law or administrative guidance of government agencies, statutory or governmental regulations, or any other similar conditions or conditions which are not similar but cannot reasonably be controlled by the Kracie Group.

Article 15 (Contacting)

For contact information, see the basic information for the Services.

Article 16 (Governing law and court jurisdiction)

  • (1) The law governing these terms is the law of Japan.
  • (2) For any disputes arising between the Kracie Group and the User in relation to these Terms, the Tokyo District Court is the exclusive agreement jurisdictional court of first instance.

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