Terms of Service

Article 1 (Introduction)

  • These Terms of Use set forth the terms and conditions for using any and all services (hereinafter referred to as the “Services”) provided by Hatena Co., Ltd (hereinafter referred to as the “Company”) on this Website. All users (hereinafter referred to as the “User(s)”) shall use the Services in accordance with these Terms of Use.
  • In addition to these Terms of Use, methods of use or warnings of the Services may be presented in the “Help” item or various guidelines in the Services. These methods of use or warnings also constitute a substantial part of these Terms of Use, and should be carefully read in conjunction therewith.
  • With respect to the applications, etc. that the Company provides to promote the use of the Services, the terms of use of each application shall apply in conjunction with these Terms of Use.

Article 2 (Definition and Registration)

  • The User is defined as a person who has entered and transmitted necessary data in a User registration form and has been approved by the Company.
  • In any of the following circumstances, the Company may, at its own discretion, (i) refuse to give approval for the User registration in respect of any person who wishes to be registered as a User, or (ii) restrict the use of the Services, in whole or in part, or cancel a User registration and disallow the use of any and all the Services thereafter in respect of any person who has already been approved by the Company for User registration. The Company shall assume no liability for damages suffered by the User or any third party resulting therefrom.
    • Where any false information is provided in the User registration;
    • Where the User itself fails to change the information on the User registration in the event of any changes thereto after the completion of the User registration;
    • Where the User breaches these Terms of Use;
    • Where the User fails to use the Services for a certain period of time notwithstanding that it has been registered as a User;
    • Where the User accesses the Services beyond the scope of general use;
    • Where the User places overloads the system;
    • Where the User conducts any act equivalent to unauthorized access or cracking; or
    • Where the User comes under organized crime (gangs, gang members, gang related enterprises, organizations, or associated persons, or any other entity that applies to any of the aforementioned, and so forth.), is cooperating with organized crime by supplying capital or by any other means, or could in any way be considered to be involved in organized crime at the discretion of the Company.
    • Where the User engages in any other act which is determined to be inappropriate by the Company.

Article 3 (IDs and Passwords)

  • The User shall enter an email address where the User can constantly receive emails and set a password when registering as a User.
  • The User shall be responsible for managing the email address and password registered by him/her.
  • Any acts conducted using the email address and password shall be regarded as the acts of the User who has registered such email address.
  • Email address and other information registered in the User registration must be accurate and legitimate.
  • The User is prohibited from transferring or lending his/her email address or password.
  • The User must contact the Company immediately if an email address or password is leaked to a third party or is used by a third party. The Company shall assume no responsibility and shall not be liable for any and all losses and damages incurred by the User as a result of an unauthorized login caused by the acts of the User.
  • The Company may delete the User’s name and password, and prohibit the use of the Services in respect of a certain registered User when the Company deems necessary.

Article 4 (Protection of Information)

  • The Company shall acquire from the User minimum information required for the provision of the Services. The Company shall pay utmost care to the protection of information acquired from the User.
  • Unless otherwise required by the laws or regulations, or unavoidable due to the management and maintenance of the Services, or requested by a User, the Company shall not;
    • Change the information acquired from the relevant User; and
    • Disclose the information acquired from the relevant User to any third party.

Article 5 (User’s Responsibility)

  • The User is required to access the Internet in order to use the Services, and is required, at his/her own responsibility and expense, to prepare, install and operate any and all equipment, software, communication tools necessary therefor in an appropriate manner. The Company shall not be involved in the Internet access environment of the User, and shall not be responsible for the preparation and operation therefor.
  • If the Company needs to contact the registered User, it shall contact the User by means of sending emails to the User’s registered email address. The registered User shall properly update his/her information in respect of his/her registered email address so that he/she can receive emails from the Company. The registered User must promptly change the registered email address in an appropriate manner if he/she can no longer receive emails by such email address for any reason. The User shall be responsible for any detriment suffered by him/her resulting from the failure to receive emails from the Company, and the Company shall not be liable therefor.
  • In the event that the User infringes the rights of the others as a result of the use of the Services, or there appears any person who claims to have suffered inconvenience as a result of the use of the Services, such User shall, at his/her own responsibility and expense, settle the issue and the Company shall not be liable therefor.
  • The Users shall defend, indemnify and hold the Company, affiliates of the Company, and licensors (if applicable), and their respective employees, officers, directors and representatives harmless from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) the use of the Services (including any and all activities made under the User’s account as well as the use by the employees of the User and any other personnel, (b) the breach of these Terms of Use or any applicable laws by the User, © the use of the Services together with other applications, contents or processes, or (d) any third party’s claims in relation to disputes arising from the infringement of the rights of other parties by the User using the Services or claims by any person who alleges to have suffered inconvenience as a result of the use of the Services.

Article 6 (Prohibitions)

  • In connection with the use of the Services, the User may not, whether intentionally or by negligence, conduct any act which falls or may fall under any one of the following items, regardless of the form of the act involved;
    • Any act which infringes the rights of others;
    • Any acts which infringes the privacy of others;
    • Any fraudulent act;
    • Any act to establish a Ponzi scheme (pyramid scheme) or solicit and/or operate the same;
    • Any act in violation of the Act on the Prevention of Unauthorized Computer Access, any act defined in the Obstruction of Business by Damaging a Computer (Penal Code Article 234-2), and illegal access and manipulation of data in computers owned by the Company and others; and
    • Any other criminal acts or acts in violation of laws and regulations.
  • In connection with the use of the Services, the User shall not engage in any of the inappropriate acts as described below;
    • Disturbing the peace, harassing, slandering, libel, or forcing psychological harm or economic harm onto others;
    • Promoting organized criminal activity or profiting organized crime in any way through use of the Services;
    • Continuing the use of the Services without reasonable grounds even though he or she has been warned and cautioned by the Company for acts which are inappropriate under general social convention or which may trouble a third party;
    • Diverting, selling, re-selling, or transferring the Services or accounts maintained with the Company without the approval of the Company;
    • Using the Services other than for the purpose of the use of the Services.
  • In addition to the acts set forth in each of the items above, the User shall not engage in acts which are determined to be inappropriate by the Company.
  • The Company may suspend the provision of the Services if it determines that the User has conducted any act which falls under the prohibited acts as set forth in each of the items above. In addition, the Company may claim against the User for the damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) suffered by the Company as a result of such User’s acts.

Article 7 (Charges)

  • The fees and charges for the use of the Services shall be separately set forth by the Company.
  • The User shall pay the Company for expenses incurred by the Company in relation to the Services when using the services. The method of payment shall be separately set forth by the Company.
  • The Company shall not be liable for any and all damages incurred by the User or any person due to reasons that the Company is unable to confirm payments made by the User including cases where the User has made a payment in a manner other than those set forth by the Company.
  • If the registered User does not fulfill the payment obligations it owes to the Company under these Terms of Use and for using the Services by the due date established by the Company, such User shall pay the Company delay damages as stipulated by the Company, for the period of time beginning from the day immediately following the date of due date until the payment is made.
  • The Company may revise the charges of the Services without giving prior notice to the Users and the User shall agree therewith.
  • Under no circumstances should charges paid by the User to the Company in relation to the Services be returned to the User for any reason whatsoever.

Article 8 (Temporary Suspension of Services)

  • The Company shall not be liable for any detriment or damage suffered by the User or any third party due to the suspension of the Services as a result of the following reasons;
    • Due to reasons such as failure, management, inspection, repairs and maintenance of the facilities and systems used for providing the Services or otherwise used by the Company;
    • Where the Services cannot be provided due to fire, power outage, etc.;
    • Where the Services cannot be provided due to natural disasters such as earthquakes, volcano eruptions, floods, tsunamis, typhoons, heavy snow, etc.;
    • Where the Services cannot be provided due to reasons such as war, turmoil, riot, terrorism, labor disputes, imposition of administrative measures, etc.;
    • Such other events, in addition to the above, as a result of which the Company determines the temporary suspension of the Services necessary due to operational or technical reasons.

Article 9 (Limitation of Liability)

  • The Company shall not be liable to compensate for damages arising from special circumstances (whether or not the Company foresees and whether or not it is foreseeable by the Company), indirect damages, consequential damages, and lost profits even if such damages are incurred by the User due to reasons attributable to the Company.
  • If the User incurs any damages due to reasons attributable to the Company and the Company is liable to compensate for such damages to the User, such amount of damages shall not exceed the amount equivalent to one (1) month’s charges for the Services, irrespective of the cause of the claim.
  • The preceding two (2) paragraphs shall not apply where Users incur damages due to the willful intention or gross negligence of the Company.

Article 10 (Disclaimer)

  • The Company shall not be liable to compensate for the damages set forth in each of the following items irrespective of the cause of the claim.
    • The Company shall exert its utmost efforts to make the Services useful to all Users. The Company shall not be liable for any and all damages incurred by the User or any person resulting from or due to defects, partial deletion, changes and termination of the contents of the Services.
    • The Company shall not be liable for any and all damages arising from the disputes between any User and other Users or any third party as a result of the use of the Services by the User.
    • The Company may suspend the use of the services or cancel the User’s registration where the User commits any act which is in violation of or likely to be in violation of these Terms of Use. In addition, the Company may disclose the information of Users or notify the police where the User commits infringement of rights or illegal acts against other persons. In such cases, the User may not make any objection to the measures taken by the Company, and the Company shall not be liable for any and all damages incurred by the User.
    • The Company may suspend the use of the Services and delete the data of the User who has not been using the Services for a certain period of time. In such cases, the User may not make any objection to the measures taken by the Company, and the Company shall not be liable for any and all damages incurred by the User.
    • The Company shall not be liable for any and all damages incurred by the User caused by the Services being infected with computer viruses.
    • The Company shall not be liable for any and all damages incurred by the User due to unauthorized access to or attacks on the facilities of the Company which are used for the provision of the Services, or interception of communication which could not be prevented with the care of a good manager.
    • The Company shall not be liable for any and all damages incurred by the User due to any software and database which is not manufactured by the Company being used by the Company to establish the facilities necessary for the Company’s provision of the Services.
    • The Company shall not be liable for any and all damages incurred by the User due to any hardware which is not manufactured by the Company being used by the Company to establish the facilities necessary for the Company’s provision of the Services.
    • In addition to above, the Company shall not be liable for any and all damages incurred by the User due to reasons not attributable to the Company.

Article 11 (Disclaimer of Warranties)

  • With regard to the Services, the Company disclaims any and all representations and warranties of any kind, whether express, implied, statutory or otherwise, including without limitation, (i) warranties of the fitness for a particular purpose, (ii) warranties that the Services are free from defect, (iii) warranties that the Services will be provided on a continuous basis or does not contain any detrimental elements, or (iv) warranties that any and all information including those acquired from the User is safe and is not lost or damaged.

Article 12 (Intellectual Property Rights)

  • Any and all contents of this Website and the Services (including but not limited to designs, texts, software, configurations, graphics, and other files) are the properties of the Company, and all rights relating thereto are reserved by the Company and cannot be duplicated.
  • Mackerel and logos of Mackerel include but are not limited to either the trademarks, service marks or registered trademarks of the Company, and shall not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.
  • The Company may have patents, applications for patents, trademarks, copyrights, or any other intellectual property rights in relation to objects which are part of the Services. Unless the Company licenses the intellectual properties to the User under these Terms of Use, the provision of the Services by the Company to the User does not in any way mean that it has licensed the intellectual properties of the Company to the User. All rights not expressly granted to the User under these Terms of Use are reserved by the Company.

Article 13 (Property Rights of Company)

  • Except for the rights expressly granted for the use of the Services between the Company and the User, the Company owns and reserves any and all rights, titles, and interests (including any and all intellectual property rights thereto) of the Services and in relation to any and all hardware, software and other items used for the provision of the Services. Pursuant to these Terms of Use, under no circumstances should the titles of the property rights or ownership rights in relation to the Services be transferred to the User. Where the User gives any comments, proposals, and recommendations (hereinafter collectively referred to as the “Feedbacks”) in relation to the Services (including but not limited to amendments, improvements, modifications or other changes of the Services) to the Company, the User shall be deemed to have granted to the Company, without charge, an irrevocable and unlimited term of license in respect of Feedbacks on a worldwide basis so that the Company may use and incorporate any Feedbacks in relation to the Services pursuant to these Terms of Use.

Article 14 (Changes to Terms of Use and Contents of Services)

  • Changes to these Terms of Use will become effective no sooner than seven days after they are notified. However, changes addressing new functions for the Services or changes made for legal reasons will be effective immediately. When using or accessing this Website or the Services after such changes, the User shall be deemed to have accepted the changed Terms of Use.
  • The contents of the Services are subject to future changes, additions, or deletions without prior notice.

Article 15 (Governing Law and Jurisdiction)

  • These Terms of Use shall be governed by the laws of Japan, and all the disputes in relation thereto shall be submitted to the exclusive agreed jurisdiction of the Tokyo District Court.

Records

  • Established on May 8, 2014
  • Amended on July, 2014
  • Amended on May 26, 2015