Terms of Use


Article 1 - Introduction

These terms of use (to be known hereafter as the “Terms of Use”) apply to the conduct of all users using the site provided by IPS Inc. (hereafter to be known as “the company”)

These terms of use establish the conditions of use of this service. The user, uses this service in accordance with these Terms of Use.

The user, in using the service agrees to accept all of the conditions of the Terms of Use contained in this document.

Article 2 - Definitions

The meaning of terms used in these terms of use shall be defined below.

The site is defined as the website operated by the company called “PINOY LIFE” (http://www.pinoylife.jp or http://pinoylife.jp) .

The service is defined as all of the services made available on the site.

Other terms of use etc. are defined as paid services terms of use, terms of use of other respective services irrespective of their names, other regulations outside of these terms of use will be called the service conditions of use.

The user is defined as persons who have registered as members to use the site.

The registered email address is defined as the email address provided to the company in order to receive the service.

The password is defined as the text used in conjunction with the registered email address to verify the identity of the person using the service.

PinoyLife Forum data etc. is defined as the forum, profile, comment, review, images data etc. that is submitted whilst using the service.

Submission is defined as data uploaded to the site as the forum data.

Article 3 - Extent of Terms of Use

On the site, the Terms of Use and other terms of use are regulated by conditions of the service. Other terms of use etc. irrespective of their names are part of these terms of use.

In instances where the Terms of Use differ from the other terms of use etc. the regulations stipulated by the other terms of use etc. are applicable taking precedence.

Article 4 - Changes to the Terms of Use

The company may, according to its own judgment, at its own discretion and at any time make changes to the Terms of Use.

The user, in using the service after the changes in the Terms of Use have become effective, agrees to the changed Terms of Use.

Article 5 - Collection of Personal Data

The company may collect personal data in accordance with the terms of its “Privacy Policy”.

Article 6 – Privacy of Communications

The company will, in accordance with Article 4 of the Telecommunications Business Law (Act. 86, 1984) protect the user’s privacy of communication.

The company will not bear responsibility for protection of privacy in cases where the following range of instances arise.

Where a Court of Law orders in accordance with the Law of Criminal Procedure (Act 131, 1948), and Interception of Communications for the Purposes of Crime Detection Law (Act 137, 1999) we will act to the extent of their decree.

Where action is required in accordance with laws and ordinances we shall act within the extent of their decree.

In accordance with the Limit of Responsibility for Damages to a Specific Telecommunications Service Contract Person, and Disclosure of Sender’s Information Law (Act 137, 2001) Article 4, where the demand for disclosure is deemed sufficient by the company, disclosure will be made to the extend of the request.

In instances where it is necessary for the protection of life or property to the extent the company deems it necessary for that protection of life or property.

Article 7 - Membership

Individuals wishing to use the service must, after agreeing to the Terms of Use apply for membership in accordance with a method proscribed by the company.

Individuals applying for membership (hereafter to be known as applicants) shall become users once their application has been accepted by the company.

Article 8 - Rejected Membership Applications

The company may, in instances of the following cases, at its own discretion reject the application of applicants.

The applicant has not applied in accordance with the 2 items of the preceding article.

The applicant has in the past violated the Terms of Use or other terms of use etc. and as a result been forcefully removed for site membership.

The company deems their membership inappropriate for other reasons.

Article 9 – Ending Membership

In the event the user wishes to end his membership of the site, the user should apply to the company in accordance with its proscribed method of membership cancellation.

The company will according to its discretion forcefully cancel the membership of the user and refuse the service where the user has acted in any of the following manners:

Where it become clear that a membership application has been made that did not follow the method proscribed in Article 7 item 2.

Where there has been a violation of the Terms of Use or the other terms of use etc.

Any other case which the company deems inappropriate.

Article 10 – Administration of the Registered Email Address and Password

The user must register a registered email address that they administer and have control over. Should this registered email address fall outside the administration and control of the user, the user must change their registered email address to an address that they do have administration and control over.

The user should make every effort to ensure that their registered email address and password is not misappropriated, and is entirely responsible for this administration.

In any instance where the registered email address and password is misused by a third party and damages result, the company, except in the case of gross negligence, shall not be held liable.

Article 11 – Ownership of Accounts

The user shall be one person holding ownership of one account. Each user may only hold ownership of one account. One person may not hold more than one account, and multiple people may not share a single account. However, this excludes exceptions made by the company.

Under no circumstances may a user transfer or lend his account to a third person.

The company will under no circumstances interfere with the settings of the user, furthermore the company accepts no liability.

Article 12 – Responsibilities of the User

The user is entirely responsible for himself, his behaviour on the site and any resultant effects.

In using this service the user is responsible for his contributions to the forum etc. The company accepts no responsibility for contents of contributions made to the forum etc.

In instances where the user inflicts libelous remarks on a person, violates their privacy, or discloses personal information without their consent, and in accordance with violations of the Copyright Law (Act. 48, 1970), the person whose rights have been infringed must seek resolution, accountability and compensation from the user in question, and the company accepts no liability whatsoever.

The user should acknowledge that the company has no obligation to save any data uploaded to the forum etc., and so should backup any necessary data.

Article 13 – Prohibitions

The user is, when using the service prohibited from the following acts. Instances where the prohibitions have been violated may result in expulsion from the site, suspension of service, deletion of all or part of their forum etc. data, or changes in the range of data made publicly available.

Actions that harm, or threaten to harm the company, infringe on intellectual property such as the copyright or trademarks etc. of others.

Actions that harm, or threaten to harm the company, the assets, privacy and image rights of others.

Actions that incite unfair discrimination, libel and damage the reputation and trust of the company and other individuals.

Actions involving the impersonation of people other than oneself, false representations and false claims of personal and organizational cooperative associations.

Actions involving crime or the possibility of crime related to fraud, abuse of controlled substances, child prostitution, illegal sales involving deposit and savings accounts and mobile phones.

Actions involving forum etc. data containing obscenity, child pornography, and tolerance of child abuse (to referred to in the list below as “this data”).

Actions involving the submission or display of this data.

Actions involving the sale of media recordings of this data.

Actions involving the display or submission of advertisements encouraging the sale, display or transmission of media recordings of this data.

Actions involving illegal betting and gambling, or invitations to take part in illegal betting or gambling.

Illegal activities involving contracts, agency or inducements to (supply gun information, bomb making instructions, child pornography, forged documents, murder, threats etc.)

Actions that induce or encourage other people to commit suicide.

Acts involving the submission or display of the following items in the forum etc.

Photographs of the killing and injury of people uploaded to the forum etc. data.
Photographs of dead bodies uploaded to the forum etc. data.

Other photographs showing acts of brutality uploaded to the forum etc.

Actions involving the submission of reviews containing the following contents.
Libelous contents in reviews targeting (not just the restaurant or publication etc. but including staff and authors etc.)

Information such as names, addresses, workplace addresses, telephone numbers etc. that can be used to specify an individual. Including instances of reviews whereby specific individuals can be identified.

Information that is unrelated to the purpose of a review.

Contents which are either false or difficult to establish as true or false Information that should be reported to the relevant authorities concerning hygiene management issues.

Contents relating to trouble or claims that are the subject of a review Other contents that the company deems inappropriate.

Acts involving the posting of the following types of data to the forum etc. and places on the site where it is possible to make submissions, or the posting of such things to other users.

Business advertisements particularly selling of any kind for a profit, promotional materials, materials aimed at canvassing in the forum etc. data. With the exception of items approved by the company.
Data posted to the forum etc. containing affiliate links.

Solicitation to other people posted to the forum etc. data involving pyramid schemes, chains mails, MLM, Lead mail, etc.

Adult sites, one-click fraud sites, viruses etc, and sites that aim to inflict harm on computer programs etc. In addition any other inappropriate solicitations posted to the forum etc. that the company deems inappropriate. (Including the posting of links).

Any other data posted to the forum etc. that the company deems inappropriate.

Indiscriminate sending of messages, posting of additions and requests to forums, leaving of footprints on the profiles of other users, and annoying other users with whom no acquaintance has been made.

The following spamming behaviours Posting of spam, spam messages, sending of text by a single user or multiple users in the sections of the site where submissions are possible that are the same or similar, or sending of these messages.

Posting of spam text by individuals or multiple users to the sections of the site where is it possible to make submissions, and posting of unsolicited mail, or volumes of mail to weakly established associates. In addition, very long postings and postings of a large size.

Posting of spam URLs by single or multiple users to sections of the site where is it possible to make submissions, of the same URL or the sending of this type of messages.

Other acts deemed by the company to be spamming.

An individual holds multiple accounts, or multiple persons hold one account that they share. Excluding exceptions made by the company.

Persons under 18 years of age using the service. Excluding exceptions made by the company. Inviting users already forcefully removed from the site under Article 9 Item 2.

Acts involving the unauthorized alteration or deletion of data stored in the equipment of the company.

Acts involving the transmission or posting of viruses etc. that inflict damage on computer programs.

Acts intended to burden the servers of the company or other persons, and acts that inflict impediments to the operation of the service’s network system, or the threat of such interference.

Knowingly posting of any link with is aimed at assisting with any of the aforementioned acts. Violations of laws and ordinances, public order and morals, the Terms of Use and the other terms of use etc. and infringements on the rights of others or any other acts that the company deems inappropriate.
In addition, any other acts that the company deems inappropriate.

Article 14 - Changes to the Service

The company may, at any time at its own convenience and without reason make additions to the service, changes, suspend parts of the service or close the service completely.

Article 15 – Usage Charge

Registration and the basic service shall be free of charge.

For paid service usage charges, the method of payment etc. is established in the Paid Service Terms of Use.

Article 16 – Rights Concerning Data in the Forum etc.

Users posting data to the forums etc. whilst using this service should ensure to the company that they do not infringe the rights of third persons. In any instances where a dispute arises with third parties, the user in question should resolve any issues of costs and responsibility. The company will not accept any damages arising.

Article 17 – Consent of Use of Data in the Forum etc.

The rights of data submitted to the forum etc. during the use of this service rest with the originating user. (Copyright, the rights of the author and his related rights).

The company may, in order to ensure the smooth running of the service, to build, improve and maintain the service, use data that users have submitted to the forum etc.

The company may, in line with the previous item, when using data from the forum etc. abridge parts, including the display of names.
The company may, in line with item 2, when using data from the forum etc. will not make public information beyond that which the user has specified in his settings.

Article 18 – Disclaimer

The company will not interfere with the transmission and activities of the user. In instances where a dispute arises between users, the users in question must find resolution, and the company bears no responsibility.

In the event of damages arising from the company making changes to the content of the service, additions, suspensions and ending the service, the company accepts no responsibility whatsoever. Deterioration in service speed owing to access overload and other unforeseen reasons and any resultant damages also open the company to no liability.

The company bears no obligation to monitor or save any submissions that users make to the forums etc.

The company bears no responsibility for the lawfulness, morality, truth or accuracy of any postings that users make to the forum etc. The company also accepts no responsibility for ensuring that posts made to the forum etc. conform with the rules and regulation of any organizations the user in question may belong to.

The company may inspect the contents of data posted to the forum etc., and in the following circumstances, save and disclose to third persons. (Hereafter to these actions shall be known as inspections). The company accepts no responsibility for damages arising from these actions. The company in the following instances may send an email consent for inspection to the registered email address of the forum poster in the following instances.

When the user in question agrees to inspection etc.

When a request for agreement email has been sent and a reply has not been received from the user in question within 7 days to the company’s mail server. This excludes urgent instances which cannot be avoided.

Cases where it is necessary to make deletions, and it has become apparent that the service is being technologically compromised.

Instances where it is necessary for the company to confirm the contents of forum etc. data where the Terms of Use have been violated or such a fear exists.

Instance where the company deems an immediate danger to exist which threatens a person’s life, body or assets.

Where the instances detailed in Article 6 Item 2 arise.

Other instances where it is deemed necessary for the appropriate operation of the service.

In instances where the company deems that the Terms of Use, or the other terms of use etc. have been violated, or they have sufficient reason to believe that such a risk exists, the user in question will have his account forcefully suspended, and posted forum data may be partially or wholly deleted. There are cases where the range of what is publicly available may be changed, and the company accepts no responsibility for any resultant damages.

In cases where the Terms of Use and other terms of use etc. are covered by the Consumer Contracts Law (Act. 61, 2000), the company accepts no liability whatsoever for any damages claims made. In these cases, the user causing the damage will be liable to the full extent to repay the damages. This is limited to instances of gross negligence on the part of the company.

Article 19 – Company Rights of Deletion

The company can take steps to make whole or partial deletions, and alter the parameters of what is publicly available in the forum etc., irrespective of whether the Terms of Use and/or law has been violated under the following circumstances.

A person’s nude or partially nude photograph or image (real or fictional, including cartoon characters) is posted to the forum.

In cases where the opinion of the public organization and specialists (known and trusted by lawyers as the Internet Hotline which establishes to guidelines on law relating to disclosure of sender’s information and the limits of national or regional public organization’s, or a specific telecommunications service contracted person compensatory liability) the law, public moral or a person’s rights have been violated by a posting to a forum etc.

In cases where the person known as the rights holder reports an incident whereby his rights have been violated by a posting in the forum etc. However this is limited to cases where the company can establish this is indeed the rights holder following examination of documents that the rights holder should provide in order to reasonably prove his claim.

Article 20 – The Validity of The Terms of Use and Other Terms of Use etc.

Even if the regulations in a part of the Terms of Use, or the other terms of use etc. is judged ineffective by laws and statues, the rest of the Terms of Use, or other terms of use etc. remain effective.

Even if the regulations in a part of the Terms of Use are judged ineffective between certain users, even in cases where they are canceled, they will remain effective for all other users.

Article 21 – Measures relating to Violations of the Terms of Use and Other Terms or Use etc.

Upon discovery of any instance where the Terms of Use and other terms of use etc. have been violated, please report using the Contact Us link or IPS, Inc. Inquiry link or send direct email to pinoylife@pinoylife.jp. Where another link has been provided for the purposes of reporting to the operations office, please use that instead.

Where the user has been identified as having violated the Terms of Use or other terms of use etc. or the company deems it necessary, the company can take the follow action against the user in question.

Eliminate the source of the violation, and request that the violation not be repeated.

Request that data is voluntarily deleted from the forum, or that a correction is provided.

Delete in whole or partially forum etc. data, change the parameters of publicly shown data, or set the data to hidden so that it cannot be viewed.

Forcefully cancel the membership of a user.

Reject the applicant’s application for membership.

A user may not plead an objection to measures taken against him in relation to violations of the Terms of Use, or other terms of use as stated in the regulations in Articles 8, 9 Item 2, 14, 20 and item 2 of this Article.

Article 22 – Applicable Laws and Courts with Jurisdiction

The Applicable Laws regarding these terms of use are the laws of Japan.
In the event that litigation between a user and the company becomes necessary, the first hearing by mutual consent shall take place in the court with jurisdiction, the Tokyo District Court.

Supplement

These terms of use are effective from 12th June 2008.

These terms and conditions are also applicable to user activity prior to this effective date.

 


Pinoy Gazette Digital Edition