Article 1 Purpose
1. This Terms of Service (referred to as “this Agreement”) refers to the service (referred to as “the Service”) operated by the operator of this site (referred to as “Operator”). It applies to all acts of those who use (referred to as “users”).
4. If there are any other Terms of Service which are written in another language, and there is some difference between each Term of Service, the terms stated in Japanese shall prevail or be applied.
Article 2 Definitions
In these Terms, the following terms shall have the meanings set forth below.
1. “Registered user” means an individual, a corporation, and an organization who applied for user registration by a prescribed method among the users and approved the registration by the operator. In case the user is a minor, we will apply for user registration with the consent of a legal representative (such as a guardian).
2. “This site” refers to a website called “micpub” operated by an operator, including its subdomain. If the domain or contents of the website has been changed, it will also include the changed domain and contents.
3. “These Agreement” means the collective term of these Terms, Related Terms, Other Terms, and Conditions.
4. “Content” means electronic files, texts, images, characters, sentences, figures, or a combination of these created or posted by users.
5. “Registration information” means information or other details provided by the user to the operator by a method prescribed by the operator when using this service.
Article 3 Scope of These Terms
1. Any other terms of service other than the Terms that are posted on this website or posted to users via e-mail or the like shall constitute a part of this Agreement, regardless of the name.
If the contents of this agreement differ from the other terms and conditions in the preceding paragraph, the other terms of service shall be applied in preference.
2. The operator shall be able to modify these Terms at any time without notice in advance.
Unless the operator separately specifies the change of these Terms, it will take effect as soon as it is posted on this website or when notified by email or some other ways to the user.
If the user uses this service after the effect of the change of these Terms has taken effect, it is deemed that you have agreed to all the changed terms and conditions.
Article 4 Paused and Suspended, Canceled, Changed service
1. The operator shall be able to suspend or cancel the use of this service without notifying the user in advance.
2. The operator shall be able to change (including additions and reductions) or cancel the contents and name of this service as appropriate without prior notice to the user or consent of the user.
3. Even if there is a disadvantage or damage to the user caused by a temporary suspension, cancellation, or change of the service based on the cause set forth in the preceding two paragraphs, the operator is not responsible.
Article 5 User Registration Procedure
1. Registration of users shall be completed upon email confirmation. The user registration procedure must be performed by the person himself or herself, and registration by proxy is entirely not permitted. Registration shall be declined if it falls under any of the following reasons, or if the operator decides there is a possibility of the said reasons:
a. In cases where there is a violation of this agreement, or the like, or the administrator determines that there is a possibility of violation of this agreement.
b. When the applicant who wishes to register does not actually exist.
c. False, misprinted or omissible for all or some parts of the registration information provided to the operator.
d. If you are already a registered user.
e. If you are a revoked user who registered falsified credentials in the past.
f. In the case that a minor, an adult ward, an insured person or an assistant, and has not obtained consent from a legal representative, guardian, curator or assistant.
g. Anti-social forces.
h. If the operator determines that it is inappropriate.
2. When entering the user registration, please fill in the required information correctly in the prescribed input form.
3. If there is a change in the registration information, please update it as soon as possible. The operator does not take any responsibility for the damage caused by the fact that the change registration was not made.
Even when a change in the registration is made, transactions already made before it may be performed based on the information before editing. The operator is not responsible for any damage caused by the change.
4. The registered user himself/herself should manage responsibly, such as changing the password periodically so that it will not be known to others. When confirming that the entered password matches the registered one by a predetermined method, the operator considers that the registered user has used it.
Even if they are used by people other than registered users due to plagiarism, fraudulent use or other circumstances, the operator will not be responsible for any damage caused by it. When a registered user learns that his/her password is being illegally used by another person, the registered user immediately notifies the operator and wait for the instructions of the operator.
Article 6 Notice and Contact
1. In the event that the administrator decides that it is necessary to notify registered users of notification and contact, it shall be done in a way that the administrator deems appropriate; such as e-mail, posting on this site.
2. Registered users agree that the operator may send e-mails to registered users as a means for advertising or promoting themselves for the operation of themselves or others.
3. The sending of e-mails in paragraphs 1 and 2 shall be made to the e-mail address registered by the registered user to the operator.
4. It is considered that in the event that the operator carries out the notification on this site, it will be reached to registered users on the date of posting the notice. In addition, the operator sends an e-mail to the registered user, it will be arrived at that time.
5. Registered users should enroll an active e-mail address. An operator may contact a registered user at any time, and may also need a response from the registered user as soon as possible. The operator will not be liable for any damages that may arise from the event that the registered user has failed to receive or reply to the operator’s e-mail.
6. When a registered user contacts an operator, the operator will respond through the inquiry form on this website (unless the operator designates another method). The operator will not accept phone calls, office visits, or any other means of contact.
Article 7 Account Holding
1. A registered user shall have one account per person. It is forbidden for a single person to hold multiple accounts, or multiple people to hold one account jointly. However, excluding those that the administrator separately acknowledged.
2. Registered users can not transfer or rent accounts to third parties under any circumstances.
Article 8 Usage Fee
1. Use and registration on this site are free.
2. When providing paid services, they shall be specified separately in the terms of the paid service.
Article 9 Registered User’s Withdrawal
Registered user can notify the operator of the inquiry form and can withdraw from this service and cancel their qualification as a registered user by approval by the operator. Once you have unsubscribed, you can not register the e-mail address of registered users again.
Article 10 Disclaimer of Operator
1. Interruption/retardation / discontinuation of the system due to the failure of the communication line and computer, defects due to data loss, leakage, server attack, damage caused by unauthorized access to data, the operator shall not bear any responsibility for the damage caused.
2. The operator does not guarantee that harmful items such as computers and viruses are not contained in mail/contents sent from this site, server, domain, thereby causing damage to the user. Even if it does, the operator does not assume the responsibility at all.
3. The operator does not include harmful programs such as authenticity, accuracy, usability, reliability, legality, user’s satisfaction, viruses of the content registered by the registered user, that the rights of the third party We do not warrant anything about infringement, and in case damages occurred to registered users and users, we shall resolve this with the responsibility of the registered user who registered the contents.
4. By using this service, in the unlikely event that the use environment of the user’s computer is affected, the operator does not hold any responsibility.
5. The operator shall not be responsible for any damages caused by the addition, change, or interruption or termination of the contents of this service. The same shall apply when excessive access and other unknown factors cause a decrease in display speed or failure.
6. The operator does not guarantee the enjoyment of economic benefits by using this service at all.
7. When restricting the deletion or browsing of the content or changing the material or data of the content, at the discretion of the registered user selling the content through this service, in the event of the deletion or browsing restriction or the content change, even if there is a disadvantage such as a person who purchased cannot browse the contents or can not browse the latest contents, the administrator shall take full responsibility for the damage caused by the deletion or browsing restriction. We assume that we are not responsible for any damages to the purchaser.
8. The operator may provide information and advice to the user as appropriate, but it does not assume the responsibility of enjoying economic interests or the like.
9. If the registered user determines that the content registered by the registered user falls under the administrator’s prohibited matter, it can be deleted at the discretion of the operator and even if damage caused by it is caused we are not responsible.
10. The operator shall not be responsible for any damage caused by violation of these Terms and Conditions by the User.
11. In the event that a transaction, communication, dispute, arise between the user and another third party in relation to this service or this site, the operator shall not be held responsible for such matters.
12. Even if a link from this site to another website or a link to this site from another website is provided, the operator will not be concerned with the website other than this site and the information obtained from it. We will not assume any responsibility even based on the reason.
13. If logging into this site continues for a certain period of time without anything happening, we may automatically log the user out, but we will not bear any responsibility even if damage caused by it happens.
Article 11 Cooperation with External Service
This service may provide services in cooperation with external services such as Facebook, Twitter, Instagram, blog, and others. In addition, administrators can introduce the contents that registered users sell through this service via the above-mentioned external service.
Article 12. Prohibited Matters
When using this service, we prohibit users from carrying out the following acts. In case of violation, prohibition of the use of the user, loss of qualification of the registered user, deletion of contents uploaded by the registered user, stop/stop the provision of this service may be performed. The operator does not take any responsibility for any damage caused by it. When the user causes damage to the operator by the action of the user, the user must compensate all damages suffered by the operator.
1. The act of infringing the intellectual property right such as the copyright, trademark right of the operator or another person, or the act judged by the operator as the possibility of infringement.
2. The act of infringing the property, privacy or portrait rights of the operator or others, or the act judged by the operator that there is a danger of infringement.
3. An act of unjustly discriminating against or slandering an operator or another person, causing an act of dishonoring its honor or trust, or act judged by the operator if there is a possibility of it.
4. Acts that may lead to or be bound to a crime such as fraud, disturbance of business or the like, or an act determined by the operator to be this if there is a possibility of such crime.
5. Acts that violate laws or acts that the administrator has determined that there is a possibility of __.
6. The act of soliciting or promoting illegal activities by another person, or the act judged by the operator if there is a possibility of it.
7. Acts judged by the operator as violating other public order and morals or infringing the rights of others.
8. The act of sharing the same user ID and password with multiple people without the approval of the operator.
9. Acquisition, possession or use of multiple user IDs without the approval of the operator.
10. The act of reselling or transferring user accounts, IDs, passwords.
11. Other acts of unauthorized use of user ID and password.
12. Acts of impersonating others.
13. Acts of registering false information.
14. The act of uploading or displaying the following contents:
a. Violent, grotesque photographs, dead bodies, killing sites, and others that the operator judges as likely to be uncomfortable for users.
Adult content: Nude pictures and illustrations with a high degree of exposure (including mosaics, blurred photos, underwear, swimwear, etc.), photos of chest and buttocks etc. exposed or sexual depictions etc. or depictions of sexual acts Or words or expressions corresponding to genital organs, those judged to be obscene representations.
c. Things judged as expression equivalent to child pornography or child abuse.
d. Suicide, Self-injury action, Things that can beautify, induce or promote drug abuse.
e. Things that are judged to be expressions leading to discrimination by race, ethnicity, sex, age, thought, etc.
f. Mouse class, multilevel marketing, etc. that is judged to invite others.
g. Things judged to include affiliate links.
h. Those judged to violate laws or public order and morals.
i. Others judged by the operator as above.
15. The act of illegally rewriting or deleting information accumulated in the facilities of the operator.
16. Acts of copying, duplicating, uploading, posting, electronically transmitting, distributing, etc. without permission about the description related to this service and the offerings.
17. Acts such as altering programs, reverse engineering, analysis, creation / distribution of utilities, etc.
18. Acts of repeatedly posting, publishing, or selling content that is inappropriate for commercial distribution.
19. Acts of sending or posting harmful computer programs such as viruses.
20. The act of putting a burden on the operator or another server, the operation of the service, the act of hindering the network / system, or the acts that are similar to these.
21. Any acts aimed at using for commercial purpose projects related to this service and preparations thereof without the approval of the operator
22. The act of collecting and accumulating all information on other users and the act of automatically collecting and analyzing these information by crawling etc without the prior written permission of the operator
23. Acts of soliciting transactions relating to content in a forceful manner
24. Acts of sending contents that deliberately mislead the contents as good, such as so-called “sakura” acts
26. Election campaigns or similar acts, and acts that violate public election law.
27. Acts of uploading or displaying content contrary to the purpose, and the purpose of this service.
29. Acts that may interfere with the operation of this service by the operator.
30. Acts that promote actions that fall under any of the preceding items.
31. Other acts that the operator deems inappropriate.
Article 13 Delegation Authority
1. The operator stops or deletes the publication of a part or all of the content that has been posted without notice in advance if it is judged that the registered user falls under any of the following reasons, or you can suspend the provision of this service temporarily for that user, or you cannot approve or delete the qualification as a registered user. The operator shall not take any responsibility for damages caused to registered users by measures taken by the operator under this section.
a. A registered user has acted in violation of laws and regulations or this contract.
b. When a registered user is cheating on service use.
c. When it is necessary to ensure the security of registered users, such as a mistake of a password more than a certain number of times.
d. There is no response from the operator for over 7 days.
e. In the case of using or using this service in a purpose or manner that could cause damage to operators, users or other third parties.
f. It is found that there is a false fact in the registration information.
g. If you have not logged in as a registered user for more than 6 months.
h. In the case of interfering with the operation of this service regardless of means.
i. Cancellation of payment or insolvency, or when a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation commencement, or similar procedures has been filed.
j. In case of receiving a disposition of dishonored bills or checks handed out by himself.
k. In case of seizure, provisional seizure, provisional disposition, compulsory execution or a petition for auction.
l. In case of receiving tax delinquency in taxes and duties.
m. In case of death, or when receiving a judgment on the commencement of guardianship, the commencement of assistance or the start of subsidies.
n. When the other administrator determines that continuation of registration as a user is not appropriate.
2. If the administrator determines that the content of the registered user falls under any of the following reasons, it shall suspend or delete the publication of some or all of the submitted content without any prior notice. The operator shall not take any responsibility for damage caused to the user by measures taken by the operator under this section.
a. Reliability confirmation group as prescribed in the guidelines of laws on public institution or expert (country, local public entity, specific telecommunications service provider’s liability for damages liability and disclosure of caller information, internet host, in cases where there are indications/opinions expressed by the law, experts such as lawyers, lawyers, etc.) that violate illegal, public order and morality violation or the rights of others, etc.
b. In case the rights claim is made by a third party concerning the content.
c. The content is not sold to a third party for more than 6 months.
Article 14 Restrictions by Age
In this service, content to be provided may be limited by the age of the user. For contents with inappropriate expressions under the age of 18, please do not view or use those who are under the age of 18.
Article 15 Access Analysis
1. The operator shall be able to analyze and investigate the user’s access history and usage situation in order to authenticate that the user accessed this site. In order to provide optimum services to users, information on the IP address when the user accesses the operator’s server, information on cookies and information on the user’s access history etc. by using Shared Object You can collect.
2. In order to properly operate this service, the operator may check the content posted by the registered user, the content sent by the registered user and the usage status of this service. Registered users shall agree in advance that there is a possibility that the usage status of their own services may be confirmed by the operator.
Article 16 Treatment of User Information
1. In principle, the operator does not disclose the user’s registered information to a third party without prior consent of the user. However, in the case of each of the following items, user information and other personal information can be disclosed without the prior consent of the user.
a. When disclosure is requested under laws and ordinances.
b. When the operator determines that it is necessary to protect the rights, interests, honor, etc. of the user or operator of the service.
c. When the operator entrusts a part of the operations of the operator to a corporation or an individual.
3. The operator shall be able to provide information to users (including advertisements) by e-mail magazines or other methods. If the registered user does not wish to provide information, we will stop providing information if you notify us of the inquiry form. However, regarding information provision necessary for service operation, we are unable to terminate it at the request of the user.
4. The operator shall be able to provide registration information of registered users within the scope necessary for the content sale to corporations selling the contents of registered users.
5. If necessary, the administrator can use the information registered by the registered user, such as the address, name, date of birth, bank account, other information registered by the user, and the registered user possessed by the bank, PayPal, etc. It is possible to verify and confirm that there is no contradiction between the information and the registered user acknowledges this fact. If it can not be confirmed as the result of the verification, it is judged that false details were provided in the registration information.
Article 17 Confidentiality Preservation
1. The term “confidential information” as used in this Agreement shall mean the technology that has been provided or disclosed by the User in writing, verbal, or recording medium. from the Operator in connection with this Agreement or this Service, Sales, operations, finance, organization, and other matters. However, those specified below shall be excluded from confidential information.
a. Those already held before receiving disclosure.
b. Without violating these Terms and Conditions, and becoming publicly known regardless of before or after receipt.
c. Validly obtained from a third party without obligation to keep confidentiality.
d. Independently developed independent.
2. The user shall use confidential information only for the purpose of using this service and shall not disclose his/her personal information and/or confidential information of the other party to a third-party without the written permission of the operator.
3. Notwithstanding the provisions of paragraph 2, the user may disclose to an entity who requested such information based on the provisions of the relevant law in the event of a request for disclosure in accordance with the provisions of laws and regulations or from an authorized public office. However, in the event of such an order or request, we shall promptly notify the operator to that effect.
4. When copying a document containing confidential information or a magnetic recording medium or any material legally owned by the operator, the user shall obtain the written consent of the operator in advance, and as for the management of copies, it is strictly according to paragraph 2.
5. Whenever requested by the operator, the user shall return the written or other recording medium material or all of its copies with records of confidential information without delay, or the proper disposal of such materials, in accordance with the instructions of the operator.
Article 18 Guarantee of Rights
1. Registered User guarantees to the operator that the content does not infringe the intellectual property rights, portrait rights, privacy rights, moral rights and any other rights or interests of the operator and other third parties.
2. When selling content through this service, registered users also agree to the related contracts of the selling corporation. Also, if the content is produced by multiple authors, the user shall do the same for all these said authors as well.
3. When a claim for damages, other objections or claims have been made to the operator from a person other than the registered user who posted and distributed the content (including the owner of the content other than the user) regarding the content, the administrator shall notify the registered user promptly to that effect and shall take measures such as deletion of all or part of the content, publication, suspension of sale, etc.
In the event that an objection or a request by a third party is attributable to the registered user, it is necessary to solve the dispute in the responsibility and burden of the registered user and to take all the damages suffered by the operator due to such dispute, and everything shall be compensated. Even if such a claim of rights is not attributable to the user, the user shall make maximum cooperation with each other in order to resolve the dispute between the operator and anyone other than the user.
Article 19 Interruption and Suspension of Services
Operators are required to regularly maintain the system in order to always use the service in a satisfactory state. When emergency maintenance is performed, when the load on the system concentrates, the operator interferes with the service operation. If there is a need for securing the security of the user, if the administrator decides that it occurs, if it is determined that there is any other necessity without providing prior notice, the provision of all or part of the service, you may take necessary measures such as interruption or suspension.
In this case, the operator shall not be responsible for the damage caused to the user.
Article 20 Dispute Resolution and Damages
1. If you violate these Terms and Conditions, or if you give damages to the Operator in connection with the use of the service, you shall notify the operator of the damage (including attorney’s fee), and you must compensate.
2. In cases where a user receives complaints from third parties in connection with this service or a dispute arises with those people, he/she immediately notifies the operator of the dispute and the cost and shall handle the claim or dispute in its responsibility.
3. In connection with the use of this service by the user, if the operator receives any requests from third parties due to infringement of rights or for other reasons, the user may request that the third party compensate for the amount we were forced to pay.
4. The operator shall not be liable for any damages suffered by the user in connection with this service. Even in the case where the administrator is liable for damages against the user regardless of the provisions of this section and other administrative duties exempt from liability for damages due to the application of the Consumer Contract Act or for other reasons, the operator’s responsibility shall be limited only to the compensation of direct and normal damages actually occurred to the user.
Article 21 Assignment of Claims
The administrator shall be able to transfer the claim against the user to a third party and the user shall accept that personal and other information of the user will be provided to the third party for that purpose.
Article 22 Separability
1. If any provision of this Agreement or any part thereof is deemed invalid or unenforceable, the remaining provisions of this Agreement (including provisions deemed to be invalid or unenforceable) are not affected and will survive as valid even after that.
2. In the case referred to in the preceding paragraph, the administrator and the user shall make the provision or part of the invalid or unenforceable provision lawful and modify it to the extent necessary for imparting enforcement power, with the purpose of the said clause or part and the law in mind. We will endeavor to ensure the effectiveness and economic effect.
Article 23 Governing Law, Agreement Jurisdiction
This Agreement shall be construed under the laws of Japan, and in the event of the need for litigation concerning this Agreement, the Kagoshima District Court shall be the exclusive jurisdictional court of the first instance.
Article 24 Conflict Resolution
Operators and users shall resolve promptly upon consultation pursuant to the principle of faithfulness and mutual respect mutually in case any matter not stipulated in this Agreement or interpretation of this Agreement arises.