Foodion

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Article 1: General Provisions

These terms of use define all contractual relationships between the Foodion service and website, provided by Cookbiz Co., Ltd. (hereafter, “Company”), and all applications (hereafter, “Mobile Applications”) provided by Foodion and its services therein (collectively referred to hereafter as “Service”) and all users of the Service (hereafter, “Users”). Users are those persons who, per the stipulations of these Terms of Use, use the Service. Users are deemed to have consented to these Terms of Use from the time they apply for membership or use of the Service.

Article 2: Terms

  • Members: Users who register as Members on the Service.
  • Member data: e-mail addresses, usernames, profile information, and other data that Members register on the Service.
  • Member ID: an individual ID assigned to Members of the Service by the Company.
  • Social media accounts: social media accounts of used by Members, including but not limited to Facebook, that are registered on the Service and usable therein.
  • Posts: all data (including but not limited to positional data, images, and text) sent, posted, or uploaded by Users on the Service.

Article 3: Scope of Service

Posted content which Members set as “Public” on the Service may be widely published as “trending content” on the Service. Through the Share function, posted content may be published on Facebook, Twitter, and other external services, and in books, magazines, television, and other media. Members making Posts to the Service are deemed to have agreed that said Posts may be published on multiple other media.

Article 4: Applicability of and Changes to the Terms of Use

  • Other individual terms and conditions separately defined by the Company shall be deemed to comprise part of the Terms of Use, irrespective of their name. In the case where the stipulations of the Terms of Use and other terms and conditions contradict each other, such individual terms and conditions shall prevail.
  • Users agree that the Company has the right to change the Terms of Use at any time and without any consent from Users. Changes to the Terms of Use shall take effect starting immediately on the day they are notified on the Service; by using the Service after said changes, Users are deemed to have consented to these changes.

Article 5: Personal Information and Confidentiality of Communications

  • The Company shall appropriately handle all personal information of Members pursuant to the terms of Privacy Policy which is separately defined.
  • The Company shall not use personal information of Members for purposes other than those listed on the Privacy Policy and other terms and conditions which are separately defined, nor shall it provide or disclose such personal information to any third parties; however, the above may not apply in the following cases.
    1. 1. When the Company or its business partner sends an e-mail or other form of communication for the purposes of advertisement;
    2. 2. When the Company sends Members e-mails requesting their consent to use their personal information;
    3. 3. When the Company does not receive any e-mail responses indicating refusal at its mail servers within seven days from the date when the Company send Members e-mails to request consent to use their personal information.
    4. 4. When a Member has consented to use its personal information;
    5. 5. When the Company uses third parties to handle Member’s personal information to the extent the Company is required for the purpose of its business;
    6. 6. When the Company is requested and/or ordered by investigation authorities or a court pursuant to the provisions of Criminal Procedure Act and/or laws regarding wiretapping;
    7. 7. When required by laws;
    8. 8. When the Company deems it necessary for the protection of the life, safety, or property of another person;
  • The Company may aggregate and analyze the attributes of Member’s personal information and process it in a way that the individual person cannot be identified (hereafter, “Statistical Data”) and use and manipulate this data for the development of new services and other business. The Company may provide Statistical Data to its business partners.

Article 6: Member Data

Users engaging in member registration on the Service are subject to the terms and conditions below.

  1. 1. Users shall input as Member Data precise and accurate information about themselves and assume full responsibilities for use and management (including public disclosure) of said Member Data.
  2. 2. A User shall not register multiple accounts and obtain multiple Member IDs;
  3. 3. Users assume full responsibilities for all activities and outcomes resulting from use of their Member Data, irrespective of whether the User carried out said activities;
  • In the case where a User violated the Terms of Use in the past, where the Company believes that a User is likely to violate the same, or for any other reasons the Company deems adequate, the Company may refuse the User’s application. In such case, the Company is not required to notify the reasons for its decision to the User.
  • In the case where the Company deems that Member Data is not precise or accurate, the Company may suspend or delete such account without consent of such Member.

Article 7: Copyright

  • As a general rule, the copyrights of content posted by Members to the Service shall vest in the Member of the Post or with a person who originally created the posted content. However, Members agrees to grant to the Company the uncompensated, non-exclusive and permanent right to reproduce, edit, alter, publish, republish, publicly transmit, broadcast, exhibit, prove, sell, transfer, lend, translate, adapt, and other rights, and the copyright (rights stipulated in Articles 21 through 28 of the Copyright Act, including commercial use) of derivative works of original author of content posted by Members to the Service. Members shall not execute the moral right of authors against the use of copyrighted materials by the Company according to this Terms of Use.
  • Except the copyrights defined in the preceding clause, copyrights and other rights associated with the Service are vested in the Company. Members shall not, without express permission of the Company, duplicate, edit, alter, publish, republish, publicly transmit, broadcast, exhibit, provide, sell, transfer, loan, translate, adapt, or engage in the secondary use of content on the Service.
  • Members represent and warrant that content posted by Members to the Service does not infringe any intellectual property rights (including but not limited to copyright, neighboring right, design rights, utility model rights, trademark right, patents, and know-how), publicity rights, privacy rights, and any and all other rights of third parties.
  • The Company shall not bear any liability for damages sustained by Members through use of Member content by the Company or third parties.

Article 8: Withdrawal

  • Effective upon a Member apply for withdrawal and submitting required data to the Company from the place specified by the Service, the Company shall deem such withdrawal request is deemed to have been accepted, and processed accordingly.
  • After a Member has withdrawn from the Service, the Company shall not dear any duty to retain and/or store content previously posted by the Member.
  • The Company shall not bear any liability for damages or loss sustained by other Users resulting from the withdrawal of a Member.

Article 9: Use/Suspension of Service

In the case where the Company deems any of the below occurs, the Company may suspend use of the Service.

  1. 1. Inappropriate information has been posted;
  2. 2. Unauthorized use of passwords;
  3. 3. Member Data includes false information;
  4. 4. Any other causes the Company deems adequate; or
  5. 5. Violations of any terms and conditions by the Company.
  • If, for causes imputable to a Member, 1) Member Data or that or other Members has been leaked; 2) a Member’s use of the Service has caused a disturbance; 3) a third party engages in unauthorized use of the Service, the Company may, without prior notification to the Member(s) in question, suspend the Member’s use of the Service or engage in adverse disposition against the Member.
  • The Company shall not bear any liability for damages sustained by a Member in connection with the actions unfavorable to the Member as described in this Article.

Article 10: Member Duties

  • Responsibility: Members shall bear liability and responsibility for any and all acts engaged with their Member ID, and the outcomes, irrespective of whether said acts were engaged by the actual owner of the Member ID. In the case where, through use of the Service, a Member causes damages to the Company or third party, the Member shall compensate the damages to the Company or third party. Members acknowledge that the Company bears no duty to store images, text, and other data posted by Members to the Service. Members are responsible for the storage and management of their own data.
  • Management of e-mail address and social media accounts: Members shall not grant any right to use e-mail address associated with their Member ID, or social media accounts, to third parties, nor share or transfer the same; Members shall assume full responsibility and liability for the use and management of e-mail addresses and social media accounts.

Article 11: Prohibited Acts

Members using the Service shall not engage in any of the acts below, nor in acts the Company deems as corresponding to the below.

  1. 1. Soliciting or inducing suicide;
  2. 2. Attempting to meet persons of the other sex with whom one has no prior relationship for the primary purpose of engaging in sexual intercourse or obscene acts;
  3. 3. Publication, promotion, or sale of child pornography or materials depicting child abuse;
  4. 4. Undertaking, intermediating for, or inducing illegal acts;
  5. 5. Images or text depicting the killing of people and animals, scenes of killings, corpses, and other acts of cruelty;
  6. 6. Pyramid (Ponzi schemes), chain letters, and other acts intended to solicit activity from others;
  7. 7. Mass e-mailing to other Members or submission of friend requests;
  8. 8. Inducing users to visit adult sites, phishing sites, sites spreading harmful computer programs, and other sites (including but not limited to posting links to the site or sites);
  9. 9. Infringing intellectual property rights, publicity rights, privacy rights, and other rights of other Users of the Service and/or third parties, or defaming the same;
  10. 10. Making posts that include libelous expressions that would defame the character and credibility of other Users of the Service and/or third parties;
  11. 11. Making posts that include obscene expressions; soliciting or attempting to induce acts of suicide;
  12. 12. Making posts that include expressions that encourage discrimination;
  13. 13. Making posts that include expressions that encourage the inappropriate use of drugs;
  14. 14. Making any Posts that include anti-social and/or criminal expressions;
  15. 15. Causing undue load on the networks, systems, and other infrastructure of the Service;
  16. 16. Impersonating third parties;
  17. 17. Use of other Member IDs and/or passwords;
  18. 18. Other acts the Company deems inappropriate;

Where the Company deems that any of the above items apply to a Post or other information made by a Member to the Service, or that there is a risk of the same, the Company reserves the right to delete the post or data, in whole or in part, without prior notification to the Member. The Company waives all liability for damages sustained by Members in connection with measures taken per the terms of this clause.

Article 12: Report to the Police

Where a Member exploits the Service or engages in illegal activity in relation to the Service, the Company may report, make a complaint or make an accusation to the police or public authorities and organizations.

Article 13: Changes to Service

The Company shall reserve the right to change, halt, suspend, add to, or terminate the Service, in whole or in part, without prior notification or explanation to Users.

Article 14: Temporary Suspension of Service

The Company shall reserve the right to cease provision of the Service for any reasons below without prior notice to Users. The Company shall not bear any liability for damages or loss sustained by Users as a result of the Company suspending the Service.

  1. 1. For the maintenance, inspection, or repair of systems implicated in the Service;
  2. 2. For the maintenance and inspection of facilities on or where the Service operates;
  3. 3. Due to fire, power failure, or when other system malfunction requires;
  4. 4. When the Service cannot be provided due to force majeure, war, disturbance, labor disputes, or other causes;
  5. 5. Other reasons for which the Company deems suspension of the Service necessary for operational or technical reasons.

Article 15: Exemptions of Liability

  • The Company shall not bear any liability for damages sustained by Users in connection with any addition, change, suspension or termination of the Service. The above shall apply mutatis mutandis to damages caused for other unforeseeable reasons. Disputes between Users shall be resolved between those parties; the Company shall not involve itself with above disputes and shall not bear any liability in connection with such disputes.
  • The Company shall bear no duty to monitor or store Posts made by Members.
  • The Company shall not bear any responsibility for the legality, morality, integrity, or accuracy of Posts made by Members. The Company disclaims any responsibility for verifying whether Posts made by Members comply with the internal rules and regulations of companies and/or organizations to which a Member belongs.
  • In any of the cases below, the Company reserves the right to read, save, and/or disclose to third parties the details of a post (hereafter, “Browsing”). In addition, the Company waives all liability for damages resulting from the above.
  • When falling with items stipulated in Article 5;
  • When necessary to determine and/or resolve a technical problem with the Service;
  • When there is a violation or threat of violation of the Terms of Use and the company deems that the Post must be checked; or
  • Any other reasons necessary for the proper operation of the Service.
  • Where the Company deems that the Terms of Use and/or other terms and conditions have been violated, or that there is probable cause to believe that they have been violated, it may forcibly cancel the Member’s registration, remove a post, in whole or in part, or change the scope of disclosure of data. The Company shall not bear any liability for damages sustained from the above.
  • Except intentional act or gross negligence of the Company, the Company shall no bear any liability for damages sustained by Users or third parties in connection with acts performed by the Company according to the Terms of Use, and/or use by Users.
  • In the case where the Company deems that a Member has violated the Terms of Use, or where a member may violate the same, the Company may temporarily suspend the Member’s account, forcibly cancel the Member’s registration, or restrict function of the service. The Company shall not bear any liability for damages sustained from the above.
  • In the case where, for causes imputable to a Member’s use of the Service, damages are or may be caused to the Company, the Company reserves the right to file an injunction against the Member and/or file a claim for damages. In the case where the Company receives any claims for damages or complaint from a third party in connection with a Member’s use of the Service and the Company bears expenses (damages and/or legal fees), the Company reserves the right to bill the Member for costs.

Article 16: Entitlement

  • The intellectual property rights of and relating to the Service vest with the Company and its licensees. Authorization to use of the Service as stipulated in these Terms of Use does not imply authorization to use the intellectual copyrights of the Company or its licensees.
  • Users shall not exceed the scope of personal use defined in the Copyright Act of Japan when using intellectual property on the Service. When a dispute occurs arising from violation of this Article, the User shall resolve such dispute at their own cost and responsibility.

Article 17: Severability

  • In the case where a part or parts of these Terms of Use become invalid pursuant to any laws, its remaining parts shall remain valid and in effect thereafter.
  • In the case where a part or parts of the Terms of Use become invalid pursuant to the relationship with a User, or where a part or parts are withdrawn, those parts shall remain valid and in effect to other Users.

Article 18: Governing Law and Court of Jurisdiction

These Terms of Use shall be governed by laws of Japan. In the case where any litigation arises in connection with the Terms of Use between the Company and a User, Osaka District Court and/or the Osaka Summary Court shall be the exclusive agreed jurisdiction.