Article 1 Definitions
The following terms used in this Agreement shall have the meanings set forth below.
User" refers to any user of the Service, including Member Users.
Member Information" refers to "Member Information" as defined in Article 3.
Member User" refers to an individual or corporation that has been registered as a user of the Service in accordance with Article 3.
The term "the Application" refers to the smartphone application "Jaboon" provided by foredge.
The "Service" refers to the service provided by foredge under the name of Jaboon (including the Application) for obtaining various information regarding web pages posted on the Website (including the Service after the name or content of the Service is changed for any reason whatsoever). (If the name or content of the service is changed for any reason, this includes the service after such change).
Jaboon Data" means the data collected, processed and stored by Member-Users through the use of the Service on registered websites with respect to visitor characteristics and behavior.
foredge's Website" means the website operated by us whose domain is "jaboon.com" (including foredge's website after any change of domain or content of foredge's website for any reason whatsoever).
(including the website after such change if the domain or content of foredge's website has changed for any reason).
Intellectual Property Rights" means copyrights, patents, utility model rights, trademarks, design rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights).
Article 2 Application
This Agreement shall apply to all matters related to the use of the Service and related services operated by foredge. With regard to services, etc. that apply only to member users, the terms and conditions, etc. displayed by foredge on the Service or on the Application shall apply, and these displays shall be deemed to be part of the Terms and Conditions and shall be applied accordingly.
Article 3 Use and Registration for the Service
- The user creates an account, agrees to abide by the Terms and Conditions, and provides certain information as determined by foredge (hereinafter referred to as "Member Information") to foredge in a manner determined by foredge.
- Foredge may refuse registration if a person who has applied for registration in accordance with Article 2 falls under any of the following items. foredge will not disclose the reason for denial of registration.
- (1) If there is any falsehood, error, or omission in all or part of the member information provided to foredge
- (2) If the member is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant
- (3) If you are a member of an antisocial group (meaning a crime syndicate, a member of a crime syndicate, a quasi-constituent of a crime syndicate, a company affiliated with a crime syndicate, a general meeting house, or any other group or individual who pursues economic benefits by using violence, force or fraudulent methods. (The same shall apply hereinafter.) (3) If foredge determines that the user is a member of the Anti-Social Forces (meaning groups or individuals that pursue economic benefits by using violence, force, or fraudulent methods; the same shall apply hereinafter), or is involved in any interaction or involvement with Anti-Social Forces such as cooperation or involvement in the maintenance, operation, or management of Anti-Social Forces through funding or otherwise
- (4) If you have been suspended from using the service or had your membership registration revoked in the past
- (5) In any other cases where foredge deems registration is not appropriate. 4.
- foredge will determine whether or not to register a prospective member user in accordance with the preceding article and other Company criteria, and if foredge approves the registration, foredge will notify the prospective member user to that effect. 5.
- If there are any changes in the membership information, the prospective member shall notify foredge of such changes without delay in a manner prescribed by foredge, and shall submit any materials requested by foredge.
Article 4 Use of the Service
The User may use the Service free of charge.
Article 6 Password and User ID Management
- Member-users shall be responsible for the management and storage of their account passwords and user IDs, and shall not use them jointly with any third party, allow any third party to use them, lend them, transfer them, change their names, sell them, or otherwise dispose of them.
- Member-users shall be responsible for any damages caused by inadequate management of passwords or user IDs, errors in use, or use by third parties, and foredge shall not be liable for any such damages unless there is intentional or material misconduct on the part of foredge.
- If a member discovers that his/her account password or user ID has been stolen or used by a third party, the member shall immediately notify foredge and follow foredge's instructions. foredge shall not be liable for any loss or damage incurred by the Member-User due to failure to make such notification in a timely manner.
Article 7 Prohibited Acts
- Users shall not engage in any of the following acts when using the Service
- (1) Impersonating or misrepresenting foredge
- (2) Transmitting or writing harmful computer programs, etc.
- (3) Modifying, reverse engineering, analyzing, or creating or distributing utilities related to Jaboon
- (4) Any act that interferes with the operation of Jaboon, such as unauthorized access to Jaboon's servers or Jaboon
- (5) Any business activities using Jaboon, or any commercial activities, or any activities for the purpose of preparing for such activities.
- (6) Campaigning or similar activities, or any activities that violate the Public Offices Election Law.
- (7) Infringing the property, privacy, or image rights of Jaboon, other Users, or any third party
- (8) Unauthorized collection, use, disclosure, transfer, or sale of other Users' e-mail addresses, etc.
- (9) Infringing the copyright or other intellectual property rights of Jaboon, other Users, or any third party
- (10) Transmitting or posting information in Jaboon that is untrue or meaningless.
- (11) Actions that aim to commit or induce criminal acts
- (12) Defaming the reputation or infringing the rights of others
- (13) Transmitting or posting obscene, child pornography, child abuse, or other contents which are inappropriate for young people, or images or text with explicit sexual contents.
- (14) Ethnically or racially discriminatory acts
- (15) Directly or indirectly providing benefits to antisocial forces
- (16) Other acts that violate laws and regulations or offend public order and morals
- (17) Any action that interferes with the operation of Jaboon
- (18) Other acts that foredge deems inappropriate.
- In the event that foredge deems that a User's use of the Service falls under any of the items of the preceding Article, or is likely to fall under any of the items, foredge may, without prior notice to the User, suspend the User's use of the Service, in whole or in part. In such a case, foredge may suspend all or part of the Service without prior notice to the User.
Article 8 Suspension of the Service, etc.
- In any of the following cases, foredge may suspend or discontinue the Service, in whole or in part, without prior notice to the User
- (1) In the event of periodic or emergency inspection or maintenance of the computer systems related to the Service
- (2) In the event of an accidental shutdown of computers, communication lines, etc.
- (3) In the event of force majeure, such as earthquake, flood, fire, power outage, or natural disaster, which renders the Service inoperable
- (4) In any other cases where foredge deems it necessary to suspend or discontinue the Service.
- foredge may freely change the contents of the Service at any time without notice to the User.
- foredge may terminate provision of the Service for its own reasons. In this case, foredge shall notify the User in advance.
- foredge shall not be liable for any damages incurred by the User based on actions taken by foredge in accordance with this Article.
Article 9 Burden of Equipment, etc.
- User shall prepare and maintain, at User's expense and responsibility, all computers, software and other equipment, communication lines and other communication environment, etc. necessary for receiving the Service.
- User shall, at User's expense and responsibility, take security measures to prevent computer virus infection, unauthorized access, and information leakage, etc., in accordance with User's environment for using the Service.
- When the User installs software, etc. on the User's computer, etc. by downloading from foredge's website or other methods at the start of use of the Service or during the use of the Service, the User agrees not to delete or alter the information held by the User or cause equipment malfunction or damage. foredge shall not be liable for any damage incurred by the User, unless there is intentional or material misconduct on the part of foredge.
Article 10. User Postings and Use of User Content
- The Service provides Users and Member Users the opportunity to post, display, and share news, blogs, magazines, comments, etc. to other users of the Service and other social networking services worldwide. All news, blogs, magazines, comments, etc., or anything related thereto, posted, displayed, or shared by users and member users themselves are referred to herein as "User Content" and are subject to the following terms and conditions.
- User Content may include information, views, opinions, and recommendations from numerous individuals and organizations. foredge does not endorse the recommendations or opinions of any particular User, and foredge does not regularly review or edit User Content. You agree to view and use User Content at your own discretion and risk.
- User warrants that User Content posted by User on the Service will not infringe upon the rights of any third party or violate any laws or regulations. These rights or laws and regulations include, but are not limited to, intellectual property rights and privacy rights.
Article 11 Ownership and Publicity
- Users and Member Users may use the contents of the Service, which are created by foredge, by quoting them on social networking services, blogs, or other information media. However, in the case of publication, you shall indicate or note that you are using Jaboon's data (e.g., "This material was created using Jaboon's data").
- Users and Member Users shall not quote, reprint, or otherwise post any content from the Service on social networking services, blogs, or other information media, except for content created by persons licensed to foredge and approved in advance by foredge.
- Member User grants to foredge and those who have succeeded to or been granted rights by foredge the right to reproduce, publicly transmit, distribute, translate and adapt Member User Content in Japan and abroad, and to use such rights under the Copyright Law (including the right of sublicensing from foredge to third parties), free of charge, until the expiration of the term of such copyright. The Member User grants to foredge and foredge the right to use the Member User Content without charge until the expiration date of the term of the copyright. Member-users shall not exercise their moral rights of authorship against foredge or any person who has succeeded to or been granted rights by foredge.
Article 12 Cancellation of Member User
- foredge may temporarily suspend a Member User from using the Service or cancel his/her registration as a Member User without prior notice or demand if any of the following events occurs
- (2) If any false information is found in the membership information
- (3) If a member stops making payments or becomes insolvent, or a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings (whether in Japan or not)
- (4) If the Service has not been used for more than 6 months and there has been no response to communications from foredge
- (5) When any of the items of Article 3.3 applies
- (6) If foredge otherwise deems it inappropriate to continue registration as a member user
- foredge may cancel a member user's registration by notifying the member user in a manner prescribed by foredge.
- foredge shall not be liable for any damages incurred by a Member User as a result of actions taken by foredge in accordance with this Article.
Article 13 Disclaimer of Warranty and Disclaimer of Liability
- The Service is provided on an "AS IS" basis, and foredge makes no warranty, express or implied, including but not limited to the warranties of fitness for a particular purpose, commercial usefulness, completeness, continuity, safety, reliability, accuracy, security, or the absence of defects, errors, bugs, or infringement of rights.
- Even if you have obtained any information directly or indirectly from us regarding the Service, foredge's website, other users of the Service, or other matters, foredge make no warranty of any kind to you regarding such information.
- User shall investigate, at User's own responsibility and expense, whether or not User's use of the Service violates any applicable laws, regulations, or internal rules of any industry organization. foredge shall not guarantee in any way that the use of the Service by the User will conform to the laws and regulations applicable to the User or the internal rules of any industry organization.
- Any transactions, communications, disputes, etc. arising between a User and another User or a third party in connection with the Service or foredge's website shall be handled and resolved at the User's responsibility, and foredge shall not be involved in any such matters and shall not be liable therefor. foredge shall not be involved in any such matters and shall not be liable therefor.
- Even if links are provided from foredge's website to other websites or from other websites to foredge's website, foredge shall not be liable for any website other than foredge's website or any information obtained from such website for any reason whatsoever.
- foredge shall not be liable for any interruption, suspension, termination, unavailability, or modification of the Service by foredge, deletion or loss of user information, cancellation of user registration, loss of data or breakdown or damage to equipment due to use of the Service, or any other damages incurred by the user in connection with the Service. foredge shall not be liable for any damages incurred by a user in connection with the Service unless there is intentional or material misconduct on the part of foredge.
Article 14. Member User's Liability for Compensation, etc.
- If a Member User causes damage to foredge in connection with a violation of the Terms or use of the Service, the Member User shall compensate foredge for such damage and take such measures to recover damages as foredge may reasonably request.
- In the event that foredge is liable to a Member User or Users for damages for any reason, foredge's liability shall be limited to 500 yen (unless there is intentional or material misconduct on the part of foredge
Article 15 Handling of Personal Information
Article 16. Procedure for withdrawal from membership
- If a Member wishes to cancel his/her membership, the Member shall follow the cancellation procedure specified by foredge.
- Members agree that their User Content may not be removed even if they follow the withdrawal procedure.
- Even if a member completes the withdrawal procedure or the agreement between foredge and a member is terminated, Articles 10, 11, 13, 14, 20 through 25 shall remain in full force and effect.
Article 17. Modification of Terms and Conditions
foredge may revise these Terms and Conditions (including rules, regulations, etc. regarding the Service posted on foredge's website. The same shall apply hereinafter in this section). foredge reserves the right to change the Terms of Service (including rules and regulations regarding the Service posted on foredge's website. If foredge changes the Terms of Service, foredge shall notify the User of such changes, and the User shall be deemed to have agreed to such changes if the User uses the Service after notification of such changes.
Article 18 Communication and Notification
Inquiries regarding the Service, other communications or notifications from the User to foredge, notifications regarding changes to the Terms, and other communications or notifications from foredge to the User shall be made in a manner determined by foredge.
- User may not assign, transfer, grant security over, or otherwise dispose of User's position in the Service Agreement or rights or obligations under the Service Agreement to any third party without prior written consent of foredge.
Article 20 Severability
Even if any provision of this Agreement or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of this Agreement and the remaining parts of provisions that are determined to be invalid or unenforceable in part shall remain in full force and effect, and neither foredge nor the User shall be liable for any damage caused by such invalidity or unenforceability. foredge and the User shall endeavor to amend the invalid or unenforceable provision or portion to the extent necessary to make it legal and enforceable, and to ensure that the intent, legal and economic effect of such invalid or unenforceable provision or portion is equivalent thereto.
Article 21. Legal Text of Terms and Conditions
The Japanese language is the official language of these Terms and Conditions. Even if a translation of this Agreement into another language, such as English, is prepared for reference purposes, only the Japanese text shall be deemed effective as the Agreement, and any translation into another language, such as English, shall have no effect whatsoever.
Article 22 Governing Law and Court of Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan, and any dispute arising out of or relating to these Terms and Conditions shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
Article 23. Consultation and Settlement
Enacted on September 1, 2022