[Forum.MANGA.TOKYO] (hereinafter referred to as the “Services”) is a communication platform of the Mastodon Instance, which is operated by DONIKA Ltd. (hereinafter referred to as “the Company”), for fans who are fond of the Japanese otaku culture such as anime, manga, Japanese voice actors and so forth. The Terms of Use of Forum.MANGA.TOKYO (hereinafter referred to as the “Terms”) shall apply to the when using the Services.
Article 1 About the Terms
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The Terms shall apply to the entire relationship between the Company and a user (hereinafter referred to as the “User”) of the Services.
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The User of the Services shall use the Services based on agreeing upon the Terms.
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The Company is entitled to change the Terms without the prior consent of the User. By using the Services, the User is deemed to have agreed to the changed Terms.
Article 2 Handling of Personal Information
The Company will handle the personal information appropriately in accordance with its privacy policy.
Article 3 Improvement of the Usage Environment
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The User shall be responsible for the development of all the hardware and software necessary to use the Services.
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The User shall take measures based on the usage environment such as prevention of computer virus infections, unauthorized access and prevention of information leakage.
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The Company is not involved in the usage environment of the User and shall not assume any liability therefor.
Article 4 Responsibility of the User
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The User shall use the Services at his/her own risk and bear all liabilities for all acts and consequences resulting from using the Services.
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The User shall be liable for the toots posted by the User using the Services. The Company shall not be liable for the legality, accuracy, reliability and non-infringement of the toots posted by the User using the Services.
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The User who posts toots using the Services shall guarantee to the Company that the toots do not infringe the rights of a third party. In case of any dispute with a third party (such as an infringement of the rights of a third party by the toots posted), the dispute shall be resolved at the cost and responsibility of the User and shall not cause any damage to the Company.
Article 5 Intellectual Property Rights
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The User shall only post toots the contents which he/she owns the necessary intellectual rights such as copyrights or has been granted permission by the necessary owner using the Services.
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Copyrights to the toots posted by the User using the Services shall be reserved by the said User or any other existing owner thereof. However, the User authorizes the Company to use (including copying, reproduction, alteration, publication, use in the business, regranting and all other uses thereof) the toots posted using the Services within the MANGA.TOKYO Service free of charge. The User shall not exercise the moral rights of a copyright owner with respect to such use.
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Except for the contents set for in the preceding paragraph, copyrights to the Services and all the information related to the Services as well as other intellectual rights shall belong to the Company or the owner who has granted such use to the Company. The User shall not copy, transfer, lend, translate, alter, reproduce, publicly broadcast (enable a broadcast), repost, distribute, publish or use it in the business without permission.
Article 6 Prohibited Acts
The User shall not commit any of the following acts when using the Services. In case of a violation of any of the prohibited acts, the disadvantageous measures such as forced withdrawal, suspension of use, deletion of all or part of the toots posted, or change of the disclosure range, shall be taken.
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Act that infringes or may infringe the right of another;
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Unauthorized reproduction of a copyrighted work of another;
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Act that causes any defamation, threat, or economic or mental damage, and disadvantage to another;
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Act that violates a law, and a criminal act;
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Act of impersonating another;
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Act that may interfere with the normal operation of the Services of the Company;
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Act that puts an extreme load on the server; and
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Any other act determined as being inappropriate by the Company.
Article 7 Changes in the Services
The Company is entitled to add, change, suspend or terminate the Services at any time for any reason and without any notice in advance.
Article 8 Suspension of the Provision of the Services
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The Company is entitled to suspend or interrupt all or part of the provision of the Services without notifying the User in advance in the event of any of the following as determined by the Company:
- when conducting maintenance inspection or updating the relevant computer system of the Services;
- when it becomes difficult to provide the Services due to force majeure such as an earthquake, lightning strike, fire, blackout or natural disaster;
- when the computer or communication line stops working due to an accident; and
- any other circumstance that makes it difficult to provide the Services as determined by Company.
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The Company shall not be responsible for any disadvantage or damage suffered by the User or any third party due to the suspension or interruption of the provision of the Services regardless of the reason therefor.
Article 9 Disclaimer
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Under no circumstances shall the Company have any liability to compensate for damages of the User caused by using the Services.
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If the User causes any damage to a third party by using the Services, then the User shall compensate for such damage at his/her own expense and liability.
Article 10 Governing Law and Competent Court
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The Terms shall be governed by the laws of Japan.
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In the event of a dispute in connection with the Services, the court located in the head office of the Company shall have the exclusive and agreed jurisdiction.