Terms of Use
These terms of
use (hereinafter referred to as the “Terms of Use”) for providing the SNS
application services titled ThanksTree (“the
Services”), which are being made available free of charge in appreciation of
the patronage of the Services by customers (hereinafter “Users”), set forth the
terms and conditions with regard to the use of the Services provided by TheView Inc. (hereinafter referred to as the “Company”).
These Terms of Use are applicable to all Users of the Services. Please read
these Terms of Use carefully before you, the Users, use the Services.
Article 1
(General Provisions)
1.
These Terms of
Use set forth the basic provisions regarding the use of the Services provided
and operated by the Company, which all Users are obligated to comply with.
Users shall not use the Services without first agreeing to these Terms of Use.
Terms and conductions provided in any agreements separately agreed upon between
the Company and Users, and any documents distributed, delivered, or posted to
Users by the Company (collectively, the “Separate Terms of Use”) in relation to
the Services shall constitute a part of these Terms of Use.
2.
Unless stipulated
otherwise in the Separate Terms of Use and/or elsewhere, once Users agree to
the Terms of Use and complete the User Registration in compliance to the
provisions and procedures stipulated in Article 4, a Services Agreement (“the
Services Agreement”) will be deemed to have been executed between the Company
and Users in accordance with the provisions of these Terms of Use.
3.
The Services are
available for use by individuals who are 13 (thirteen) years of age or older,
unless such individuals under the age of 13 have obtained
parental/legal-guardian consent regarding the Terms of Use and the use of the
Services.
Article 2
(Modifications)
1.
The Company may
modify or supplement the Terms of Use at its discretion at any time. Unless the
Company stipulates otherwise, such modifications or supplements shall be
effective immediately upon the Company’s posting to that effect on the
Company’s website (“www.thankstree.net”) and in the Services.
2.
If Users do not
agree to the modifications or supplements to the Terms of Use, such Users shall
terminate the use of the Services in accordance to the provisions and
procedures stipulated in Article 18.
3.
Users’ continued
access and use of the Services after the Terms of Use have been modified and/or
supplemented the Services constitutes such Users’ agreement to the modified
Terms of Use. In addition, the preceding will apply also to Users who do not
terminate the use of the Services. Whenever modifying or supplementing the
Terms of Use, the Company shall not be obligated to inform Users to that effect
on an individual basis, whereby Users are individually responsible to
periodically check the Services for the most up-to-date Terms of Use.
Article 3
(Definitions)
As used in these
Terms of Use, the following terms shall have the following meanings:
(i)
“Contents” means
the information that Users can access through using the Services, including but
not limited to articles, photos, videos, sounds, music or other sounds, images,
software, programs, code and other data.
(ii)
“Provided
Contents” means any Contents or other information that is provided by the
Company to Users.
(iii) “User Contents” means any Contents posted or
otherwise transmitted by Users through their use of the Services.
(iv)
“Paid Contents”
mean any Contents purchased for a fee by Users through the Services.the
Services
(v)
“User Account”
means the personal record of User Information and similar information kept on
file with the Company, and which is associated with each User individually.
(vi)
“User
Information” means the true and accurate information that Users provide to the
Company when applying for User Registration, and any other similar information
as requested by the Company.
(vii)
“Partner” means
any entity that provides or operates any the Services separate services that
are affiliated or provided in cooperation with the Services, upon concluding
partnership agreements and any other agreements with the Company.
(viii)
“Applicant” means
an entity or individual who applies to the Company, wishing to use the
Services.
(ix)
“User
Registration” means the act by the Company of satisfactorily registering
Applicants as Users, in order for the Users to use the Services according to
the provisions of Article 4.
(x)
“Registration
Information"
Any information which the Company specifies and
collects from the Applicants and Users upon User Registration, any information
which the Company deems as necessary and requests from the Users during their
use of the Services, and any information added or modified by the Users with
respect to the above-mentioned information previously collected and/or
requested by the Company.
Article 4 (User
Registration)
1.
Applicants may
apply to register with the Company to use the Services upon agreeing to comply
with the Terms of Use and providing Registration Information or using Facebook,
Google+, or Twitter partnership functions in the manner prescribed by the
Company. The Company shall screen applications of such Applicants in accordance
with the standards established by the Company and shall notify the Applicants
of approvals or application status.
2.
The Company
reserves the right to deny User Registration to any Applicant pursuant to
Paragraph 1 of this Article, if any of the following items apply to the
Applicant:
(i)
Any or all of the
Registration Information provided by the Applicant to the Company is found to
be false, inaccurate or incomplete;
(ii)
The Applicant is
or has been suspended from using the Services as a result of the Company’s
having terminated the Applicant’s Account in the past;
(iii) The Applicant was determined by the Company in
the past to have failed or is deemed to likely fail in the future in upholding
any and all responsibilities hereunder or under any other agreements executed
between the Company and such Applicant;
(iv)
The Company has
deemed that the provisions stipulated in Item 8 of Paragraph 1 of Article 14
apply to the Applicant; or
(v)
In addition to
the foregoing, the Company deems User Registration by the Applicant to be
inappropriate for any reason.
Article 5 (User
Account)
1.
Users shall be
responsible for thoroughly keeping and safeguarding their own User Accounts
used for the Services. Users must not allow third parties to use such User
Accounts. In addition, Users must not transfer, modify, sell or otherwise
dispose of the same to third parties. Upon the Company’s verifying that a
registered User matches the information stated in such User’s User Account, the
Company shall deem that such registered User has a User Account and uses the
Services.
2.
Users shall be
responsible for any loss or damage arising from their own mismanagement or
inappropriate safeguarding of their Accounts, or from any unauthorized use of
their Accounts by third parties. The Company shall not be held liable in any
way for such loss or damage.
3.
In the event
Users discover the unauthorized use of their Accounts by any third parties,
such Users shall immediately notify the Company to that effect and follow the
instructions given by the Company to resolve the matter.
Article 6
(Handing of User Information)
1.
Users always
shall provide true and accurate information the Services whenever using the
Services or whenever transmitting any personal and other information requested
by the Company in using the Services.
2.
Users shall be
solely responsible for immediately correcting and modifying any erroneous
information and making any needed changes to User Information. The Company
shall not be held liable for any loss or damage incurred by Users as a result
of Users’ providing any false, erroneous, or incomplete User Information.
3.
User Information,
and any other information collected by the Company from Users in relation to
the Services, shall be handled by the Company in accordance with the Privacy
Policy separately established.
Article 7 (Use of
The Services)
1.
Users may use the
Services within the scope and purposes specifically defined for the Services,
in accordance with the procedures prescribed by the Company.
2.
The Services
shall be available for Users’ private use and shall not be sold, distributed,
developed or otherwise commercially exploited.
3.
Users shall use
the Services solely “as is” and shall not reproduce, amend, change, modify or
adapt the Services in any way whatsoever.
4.
Users shall be
solely responsible for preparing and maintaining information and digital
terminals, software, network connections and other network environments as
needed for using the Services, at the Users’ own expense.
5.
the ServicesUsers shall agree in advance that the use of all or
part of the Services may be restricted by the Company due to the Users’ ages,
the Company’s need to verify User identifications and User Information, and the
need for Users to satisfy any other conditions deemed necessary by the Company.
6.
Article 8 (User
Contents)
1.
Users shall
declare and warrant with respect to their User Contents that they, the Users,
are duly authorized to post or transmit their Contents, that User Contents do
not infringe upon the intellectual property rights of any third parties, such
as but not limited to copyrights, patent rights, utility model rights,
trademark rights, design rights; publicity rights, and privacy rights. Users
shall agree that the previous provision excludes any right to Users to be
granted such rights and to file applications to obtain such rights; as well as
rights to claim ideas or expertise in regard to such rights.
2.
Copyrights to any
User Content posted, uploaded, saved, or stored by Users shall remain with such
Users and not with the Company; provided, however that Users shall hereby grant
the Company a royalty-free license without restrictions to time frame or region
to reproduce, adapt, publicly transmit or modify into publicly-transmittable
form any User Content to the extent necessary for the provision and advertising
of the Services.
3.
Users agree not
to exercise any copywriters’ moral rights against the Company or any entity
succeeding or licensing rights from Company.
4.
Users shall
obtain the express consent in advance from all third parties whenever Users
post, share and disclose on the Services photographs that include such third
parties and photographs in which any individual third parties can be
identified. Note that such consent is to be obtained from parents or legal
guardians in the case of photographs including minors. It shall be the Users’
sole responsibility to resolve any disputes that arise
the Services between the Users and such third parties, parents, or legal
guardians in regard to the posting, sharing, or disclosing of such photographs.
5.
It shall be the
Users’ sole responsibility to backup User Contents. The Company shall not be in
any responsible or obligated to backup User Contents. Furthermore, the Company
shall not be held liable whatsoever for any loss of data, including the loss of
User Contents, which arise out of servers and/or systems going down, the
Services system errors, and any other unforeseen and unavoidable circumstances.
Article 9 (Paid
Contents)
1.
Users shall be
able to purchase Paid Contents for a fee through the Services. The prices,
payment methods, and other stipulations for purchasing Paid Contents shall be
established separately by the Company and posted accordingly on the Services
and/or the Company Website.
2.
The Company may
change the prices of both free and Paid Contents in the Services at its sole
discretion the Services.
3.
Users shall use
Paid Contents solely within their own User Accounts.
Article 10 (Points)
1.
Points may be
granted to Users when Users click and view advertisements posted on the
Services by the Company or third parties, limited, however, only to
advertisements so designated by the Company. The number of points provided, the
expiration date of the points, the Services and other terms and conditions
regarding points shall be separately established by the Company.
2.
Points set forth
in the preceding paragraph can be exchanged for message templates or Paid
Contents specified by the Company.
3.
Any and all
points obtained by Users pursuant to this article shall be nonrefundable,
unless otherwise prescribed by law.
4.
Neither points
nor any contents within the Services can be exchanged for cash, goods, or any
other items of monetary value, unless the Company explicitly states otherwise
in these Terms of Use or in any other terms and conditions.
Article 11 (Use
by Minors)
1.
Users who are
minors shall be permitted to download and use the Services, including the use
of Paid Contents, only upon obtaining parental/legal-guardian consentthe Services.
2.
For Users who are
minors, the Company shall limit the amount of Paid Contents available for
purchase by minors and set limitations on payment methods, based upon the
individual ages of such minors. Minor Users shall use the Paid Contents in
accordance with such limitations.
3.
Any minors using
the Services and who provided the Company with false information as to age, or
who claimed to have been given parental/legal-guardian consent without actually
obtaining such consent, or who have used fraudulent means to make the Company
believe that such minors have legitimate legal capacity, will not be relieved
from the full capacity of the law in terms of any legal actions that the
Company might take in regard to such minors’ use of the Services.
4.
Users, who were
minors at the time they first agreed to the Terms of Use and who continue to
use the Services after becoming adults, will be deemed by the Company to be
subject to the full extent of the law in regard to any legal actions involving
Services.
Article 12 (The
Provision of Partner Services)
1.
Users are able to
use Partner Services that are provided by Partners through the Services.
Whenever the Services such Users use any services provided by the Company and
Partner Services, Users must comply with these Terms of Uses, all the terms of
use and other conditions established by Partners for the use of Partner
Services, including any terms and conditions that are changed.
2.
Nothing in the
Terms of Uses shall be construed as a guarantee by the Company that the Partner
Services: (a) are suitable to specific uses by Users, (b) meet User
expectations with regard to function, product value, accuracy, usability,
security, and lawfulness, (c) are in compliance with internal rules of applicable
groups, (d) are free of defects, errors, bugs, and malfunctions in terms of
security, or (e) do not infringe upon any rights of third parties.
Article 13
(Prohibited Acts)
1.
Users shall not,
and shall warrant that they (the Users) will not, engage in any of the
following actions on their own behalf or through third parties in connection
with their use of the Services, including Partner Services, which hereinafter
shall apply in the same manner below.
(i)
Any acts that
cause the Services to malfunction;
(ii)
Any acts that use
bugs or errors that that ordinarily would not be expected within the Services,
or any acts that employ, generate or distribute external tools for the purpose
of creating effects that ordinarily would not be expected within the Services;
(iii) Any acts that overload the Services or servers of
the Company, regardless of the means used;
(iv)
Any acts in
violation of applicable laws, regulations, legal decisions, court orders, or
other legally binding administrative dispositions; or any acts that encourage
such violations;
(v)
Any fraudulent or
threatening acts against the Company, other Users, or third parties;
(vi)
Any acts that
state untrue claims about the Company and/or other Users.
(vii)
Any acts that are
or may be in violation of public order and morality;
(viii)
Any acts that
infringe or which are likely to infringe intellectual property rights,
publicity rights, the privacy, the reputation, or any other rights or benefits
of the Company, other Users, or third parties;
(ix)
Any acts that are
intended to transmit or post information on the Services, which is either
actually or deemed by the Company to consist of any of the following:
(i)
Information
containing expressions that may encourage suicide or self-injury, inappropriate
use of drugs or any other impertinent use;
(ii)
Information containing
obscene expressions;
(iii)
Information
containing advertising and solicitations for services that are other than those
provided in the Services, and furthermore, for religious acts, religious
organizations, political activities, and political organizations;
(iv)
Information
containing chain emails, contests, pay to surf, illegal solicitations or
advertisements;
(v)
Information
exerting a bad influence on minors;
(vi)
Information
containing disturbing expressions, including but not limited to any acts of
violence or lewd conduct;
(vii)
Information
containing one-click fraud sites, adult sites, computer viruses or other
harmful programs;
(viii) Any information similar or equivalent to any of
the preceding items;
(x)
Any acts to
disassemble, decompile, reverse engineer or otherwise analyze the source codes
of the Services;
(xi)
Any acts that
cause damage to the Company, such as unlawfully accessing any of the systems
connected to the Services without authorization or modifying any information or
data stored within the Company’s facilities;
(xii)
Any acts that
copy, transmit, transfer, lend, or change the Services;
(xiii)
Any acts that
disclose erroneous data or information ;
(xiv)
Any acts
conducted for the purpose of collecting the Services the Company’s or other
Users’ information;
(xv)
Any acts that
assume the false identity of the Company, third parties, or other Users;
(xvi)
Any acts that
make use of the User Accounts of other Users;
(xvii)
Any acts that
promote, advertise, or solicit on the Services; or which are sales activities
conducted on the Services, without the consent of the Company the Services;
(xviii) Any acts that provide benefits to an Antisocial
Forces;
(xix)
Any act in
violation of the objective or purposes of the Terms of Use and the Services; or
(xx)
Any other acts
deemed inappropriate by the Company.
Article 14
(Violations)
1.
If the Company
deems that any of the following conditions apply or are likely to apply to any
Users, the Company may, at its discretion, delete all or a part of such User’s
Contents and other information, temporarily suspend or restrict the use by such
Users of the Services, delete such Users’ User Accounts, take action to
terminate the Terms of Uses (hereinafter collectively referred to as
“Suspensions of Use”) without giving any prior notice.the
Services the Services
(i)
The User has
violated any of the provisions in these Terms of Use.
(ii)
All or part of
the User Information provided by the User is found to have been false;
(iii) The User has deceased or received a ruling for
guardianship, curatorship, or public assistance;
(iv)
The User is a
minor or a person under guardianship, curatorship or assistance, and has not
obtained consent from the User’s statutory agent, guardian, curator or assigned
assistant;
(v)
The User has been
found to be subject to a stop payment, to be declared insolvent, to have filed
a petition to commence bankruptcy proceedings, to have undergone civil
rehabilitation proceedings, to have undergone reorganization, to have undergone
special liquidation or to have undergone any equivalent procedures;
(vi)
The User does not
respond to the Company’s inquiries or requests for responses, and 30 or more
days have passed;
(vii) The User is or has been suspended from using the
Services, based on inappropriate use of the Services;
(viii)
The User is, or
is involved with, Antisocial Forces, engaging in the maintenance, operations,
or management of such Antisocial Forces such as by providing financing or
funds;
(ix)
The Company deems
that the deletion, suspension or restriction of the Services is necessary; or
(x)
The Company deems
that reasons similar to the above exist.
2.
Any Suspensions
of Use shall not relieve the User of any responsibilities or obligations to
compensate the Company or third parties under any user agreements, including,
but not limited to, compensation for damages.
3.
The Company will
protect Users’ privacy of communication. The Company shall have the right to
inspect any messages transmitted or posted on the Services by Users in the
event that the Users are likely to be in violation of any of the provisions herein
or due to any other unavoidable reasons deemed necessary by the Company.
4.
The Company shall
reserve the right to retain and use any information provided by Users, even
after such Users’ Accounts have been deleted.
5.
If the Company
deems that any of the provisions stipulated in Paragraph 1 apply or are likely
to apply to a User, the Company may ask such Users to suspend the acts in
violation and immediately delete the transmitted and posted information. Users
shall comply with such requests in the terms specified by the Company.
6.
The Company shall
not in any way be held liable for any loss or damage incurred by Users as a
result of the Company’s actions under this Article.
Article 15 (Duty
to Report Inappropriate Contents)
1.
Users shall have
a duty to report to the Company whenever other Users’ User Contents infringe on
the rights of other Users or third parties, or in the event other Users commit
other acts which the Company deems are in violation of any of the Terms of Use.
The User shall follow the means specified by the Company to report such
infringements and inappropriate Contents.
2.
Whenever the
Company receives any reports pursuant to the preceding paragraph, the Company
shall investigate such reports and delete such User Contents when violations
have been duly confirmed by the Company. In addition, at the Company’s sole
discretion, the Company shall have the right to suspend the User Accounts of
any Users who posted such inappropriate User Contents which were duly
confirmed.
3.
The provisions of
Paragraph 1 and Paragraph 2 shall not oblige the Company whatsoever to be
responsible for responding to the reports from Users.
Article 16
(Damages)
1.
If Users cause
damage to the Company by violating any provision hereof or through the Users
inappropriate use of the Services, such Users shall be held liable for
compensating the Company for any such damage, including any attorney and
professional fees and any personnel expenses incurred by the Company.
2.
The Company will
not be held liable whatsoever for any loss or damage incurred by any Users in
connection with the Users making use of the Services. Even in cases when such
loss or damage are related to or arising from the Company’s gross negligence or
willful misconduct, the damages to be compensated by the Company shall be
limited to the direct and ordinary damages actually incurred due to reasons
attributable to the Company
Article 17
(Confidentiality)
1.
Users shall not
use any information that is deemed to be confidential by the Company
(“Confidential Information”) for any purpose other than in connection with
their use of the Services, and shall not provide, disclose or divulge
Confidential Information to any third party without prior written consent of
the Company.
2.
Whenever
requested by the Company, Users shall return or destroy any and all materials
containing Confidential Information, including any reproductions, without delay
and in a manner specified by the Company.
Article 18
(Termination by Users)
1.
Users may
terminate their use of the Services at any time by deleting their User Accounts
and following procedures designated by the Company. Upon doing so, such Users
will no longer be able to use the Services.
2.
Users shall agree
in advance that they will no longer be given access to any information within
the Services in the event such Users erroneously delete their User Accounts or
perform any other similar actions, the Services and that such Users shall lose
the right to use the Services.
3.
The Company may,
at its discretion, delete the account information of Users who have terminated
using the Services, without giving any advance notice.
4.
Even if Users
terminate using the Services, the Company may retain and use such User’s
information provided by the Users to the Company.
5.
If Users
terminate using the Services but later decide to resume using the Services, such
Users shall reapply to use the Services. Such Users shall understand and agree
in advance that even when reregistering, any previous data in the Users'
previous User Accounts will not remain for continued use or be able to be
recovered.
6.
The Company, based
on its discretion, shall be able to delete any Accounts that have been inactive
for one (1) year or more, without giving notice in advance.
7.
Even when Users
terminate using the Services, such Users shall not be relieved of any of the
responsibilities or obligations (including, but not limited to, compensation
for damages) in regard to the Company or other third parties under relevant
User Agreement.
Article 19
(Terminations, or Suspensions of the Services)
1.
The Company
reserves the right to make changes or additions to all or part of the Services
without giving prior notice to Users.
2.
The Company
reserves the right to terminate the provision or operations of all or part of
the Services at its discretion, upon which event the Company will notify Users
to that effect in a manner deemed appropriate by the Company; provided,
however, that such terminations may occur without advance notices in case of
emergencies.
3.
In the event of
any of the following, the Company shall be able to temporarily suspend all or
part of the Services without giving prior notice to Users:
(i)
Emergency or
regularly scheduled maintenance or repair work performed on the network devices
for the Services;
(ii)
System overloads
due to increased usage or other unexpected reasons;
(iii) There is a need to ensure the security of Users;
(iv)
Telecommunications
providers do not provide services;
(v)
Provision of the
Services is rendered difficult due to a force majeure event;
(vi)
Provision of the
Services is rendered difficult due to fires, power failures, accidents, wars, disputes,
disturbances, riots, labor disputes, and such similar events;
(vii) Provision of the Services is rendered difficult
due to laws or regulations or due to any dispositions made in accordance with
such laws or regulations; or
(viii)
The Company deems
it necessary to suspend the Services for any reason equivalent to any of the
preceding items.
4.
The Company shall
not in any way be held liable for any loss or damage incurred by Users as a
result of the Company’s actions under this Article.
Article 20
(Ownership of Rights)
1.
Any and all
Intellectual Property Rights pertaining to the Contents provided by the Company
through the Services shall belong to and remain the property of the Company
and/or the licensors licensing such Intellectual Property Rights to the
Company.
2.
the Services The Company grants Users
non-exclusive rights to use the Services and Contents, solely within the scope
needed for Users to use the Services. However, the said granting of such
non-exclusive-rights shall not imply whatsoever any authorization by the
Company giving third parties the right to reuse the Items; any authorization
giving Users intellectual property rights, rights of possession or similar
rights in regard to the Contents; giving Users any right to freely dispose of
Contents; or granting Users the right to give or transfer to third parties any
other rights.
3.
The Company’s
trademarks, logos and service marks, (hereinafter collectively referred to as
“Trademarks”) which may be displayed within the Services shall not be construed
to confer on Users or any third parties any license to use such Trademarks and
shall not be construed to transfer any title thereto.
Article 21
(Disclaimer and Indemnification)
1.
Nothing in the
Terms of Uses shall be construed as a warranty by the Company that the contents
or other information provided by the Company through the Services: (a) are
suitable to specific uses by Users, (b) meet User expectations with regard to
function, product value, accuracy, usability, security, and lawfulness, (c) are
in compliance with internal rules of applicable groups, or (d) are free of
defects, errors, bugs, and malfunctions in terms of security, or (e) do not
infringe upon any rights of third parties .
2.
The Company shall
make no warranty, guarantee, or representation that the Services are suitable
to all information devices. Users shall understand that some malfunctions may
arise in the Services as a result of the OS updating the information device. In
addition, the Company makes no warranty, guarantee, or representation that such
defects or malfunctions will cease to exist.the
Services the Services.
3.
Users shall note
that a part of or all the Services may become limited as a result of
modifications to the Terms of Use of AppStore and GooglePlay.
4. The Company shall not in any way be
involved in any communications or activities conducted between and among Users.
In the event of any dispute arising between one User and another User (or other
Users), the Users shall immediately notify the Company to that effect and
resolve the matter at each User’s own cost and responsibility, and the Company
shall not be in any way involved or responsible therefor.
5.
Regardless of the
preceding paragraph, in the event of any dispute arising between Users and any
third parties, the Users shall immediately notify the Company to that effect
and resolve the matter at the User’s own cost and responsibility, and the
Company shall not be in any way involved or responsible therefor.
Article 22
(Communications)
1.
Any notices,
including but not limited to notices in regard to modifications, additions, and
amendments to the Terms of Use and any other communications regarding the
Services disseminated from the Company to Users shall be made by way of posting
such notices and communications on relevant websites, emails, push
notifications, and other means, as deemed appropriate by the Company.
2.
Any notices
provided by the Company by posting such notices to Users’ registered e-mail
addresses shall be deemed to have reached the Users within the prescribed
period of time.
3.
Any inquiries
regarding the Services and any other communications or notices from Users to
the Company shall be made using the inquiry form on the Company Website or by
way of other means designated by the Company.
4.
Upon Users’
content, the Company has to right to disseminate advertisements and promotions
in regard to the Services based on Users’ registered e-mail addresses and other
User Information registered by Users.
Article 23
(Non-Assignment)
1.
Unless prior
written consent is obtained from the Company, Users shall not assign or pledge
as security any title or right hereunder or under any user agreement to any
third party, whether in whole or in part.
2.
Users hereby
agree in advance that in the event the Company transfers its business relating
to the Services, the Company shall be able to transfer its title, rights and
obligations also under all relevant user agreements, in addition to
transferring User Information and other client data to the transferee. Any
transfers of business as provided for in this paragraph shall include mergers
through which the Company is dissolved, absorbed or spun off; or any split-ups
of the Company under which the Company becomes the general successor.
Article 24
(Severability)
1.
If any provision
of the Terms of Use is found to be invalid or unenforceable under any
applicable consumer protection laws or any other laws or regulations, the
remainder of these Terms of Use shall continue in full force and effect;
provided, however, that the Company and Users shall endeavor to correct or
replace any legally invalid or unenforceable provisions to the extent necessary
to make those provisions enforceable and bring the same legal and economic
effects initially intended or contemplated based on the original provisions.
2.
If any provision
of the Terms of Use is determined to be void, invalid or unenforceable in whole
or in part with respect to any User, such determination shall not affect the
validity of our relationship with other Users.
Article 25
(Governing Law, Jurisdiction, and Language)
These Terms of Use shall be governed by the laws
of Japan, and any disputes arising out of or in connection with these Terms of
Use shall be subject to the exclusive jurisdiction of the Tokyo District Court
as the court of first instance. In the event of any discrepancy or
inconsistency between the English and Japanese versions of these Terms of Use,
the Japanese version shall prevail.
26. (Duty to
Negotiate in Good Faith)
Any matters not stipulated herein or any
ambiguities arising in connection with the interpretation of any of the
provisions of these Terms of Use shall be resolved amicably through mutual
negotiations between the Company and Users based on good faith.
Enactment 2016/8/1