FuRyu

TERMS OF USE

FURYU Corporation (hereinafter referred to as the “Company”) maintains these Terms of Service (hereinafter referred to as the "Terms of Service") for Member of the service "FURYU Character Web Catalog" (hereinafter referred to as the "Service"). Member must agree to the Terms of Service before using the Service. Commencement of use of the Service constitutes valid and irrevocable acceptance of Terms of Service. The provisions of Terms of Service shall also apply mutatis mutandis to the use of the Service by non-members.

Article 1 (Definition)

Terms used in the Terms of Service are defined as follows.

  1. Service
    Website "FURYU Character Web Catalog" and all related services operated and provided by the Company.
  2. Content
    The general term for information, images (including, but not limited to, videos), etc. provided by the Company on the Services.
  3. Provided Material
    The general term for material within the Content that is available to the Member by download or other means through the Service, such as product images.
  4. Member
    Those who have completed the membership registration process for the Service as specified by the Company.
  5. Member’s information
    The general term for information registered by the Member on the Service.

Article 2 (Other terms)

  1. The use of the Service is also regulated by other terms and privacy policies (hereinafter referred to as the “Other Terms”). The Other Terms, irrespective of their name, shall also form part of Terms of Service.
  2. In the event that there is an inconsistency between the Terms of Service and the Other Terms, such Other Terms shall prevail.

Article 3 (ID and password management)

  1. The ID and password for the Service belong exclusively to the Member. The Member shall be responsible for managing the ID and password used for the Service and shall endeavor to improve security by, for example, changing the password on a regular basis. The Member's right to use the Service shall not be transferred, lend or inherited by any third party.
  2. Company shall not be liable for any damage suffered by Member because the Member's ID and password is managed insufficiently, or used by a third party, irrespective of whether the damage is intentional or negligent on the part of the Member. Company may deem any act performed by using the registered password to be an act of the Member.
  3. If the registered e-mail address or password used for the Service is changed, the Member shall promptly notify the Company and make the registration change themselves, and the Company shall not be liable for any problems that may occur to the Member as a result of failing to do so.
  4. The Member shall immediately report to the Company if ID or password has been found or suspected to be stolen by others.

Article 4 (Personal information management)

  1. Company respects the personal information and privacy of the Member and handle them appropriately in accordance with separate privacy policy. Company will pay utmost attention to protect the security of the information collected from the Member.
  2. The Member shall agree to a separate privacy policy before using the Service and Company may use Member's personal information in accordance with the provisions of such privacy policy.
  3. Company may send communications, announcements, advertisements (including those of third parties) and other information for Member by e-mail, to which the Member has agreed in advance.
  4. Company may give notice to the Member about the Service by e-mail or by posting notice on the Service. Notice shall become effective immediately upon sending or posting.

Article 5 (Membership registration)

  1. The one who wishes to register as a member shall agree to the Terms of Service and apply for membership in the manner specified by the Company. The Member warrants that the information provided in the registration application or otherwise is true, accurate and complete and shall always be corrected to ensure that it is up-to-date. If a problem arises as a result of the information provided, the Member shall be responsible for resolving the problem at their own expense.
  2. The one who has applied for membership shall become the Member from the moment the Company accepts the application and the registration process completed.
  3. The Company may, at its discretion, not accept the membership application if any of the following conditions is met. In this case, the Company is not obliged to explain or disclose the reasons for withholding or refusing membership registration.
    1. The application for membership registration is made without following the manner specified by the Company.
    2. The Member has been subjected to a disposition for deletion of membership registration or other disciplinary action because of breaching the Terms of Service or any other terms of service specified by the Company.

Article 6 (Deletion of membership registration)

  1. Member who has registered for the Service may delete the registration and cancel the membership at any time. If the Member wishes to delete the registration, the Member shall follow the procedure of deletion in the manner specified by the Company.
  2. The Company may, at its discretion, forcibly delete a member's registration without prior notice if the Member met any of the following conditions.
    1. It is clear that the registration for membership is made without following the manner specified by the Company.
    2. The Company deems it appropriate to forcibly delete the membership registration in accordance with Article 11.
    3. The Company judges that the registered e-mail address may be acquired or used by anti-social forces or their member/ related party.
    4. The Member has not logged in even once for more than six months.
    5. Any other cases deemed it appropriate to delete the membership registration by the Company.
  3. All rights of use of the Member in the Service cease when the Member's registration is deleted, irrespective of the reason. Even if the Member’s registration is deleted in error, the registration information may cannot be recovered.

Article 7 (Formation of sales contract)

  1. Any statement or expression on the Service shall never form a sales contract between the Company and the Member (including but not limited to the purchase procedures within the Service or the e-mail sent from the Service). A sales contract between the Member and the Company will only be formed if the Member separately expresses his/her intention in a manner specified by the Company, to which the Company clearly agrees.
  2. The specific terms and conditions of the sales contract between the Company and the Member shall be subject to the “Basic Sales Transaction Agreement” (including other similar agreements) separately concluded between the Company and the Member. The provision of product information, catalogues, materials and other contents by the Company shall not be any guarantee for the supply of the products described in them.

Article 8 (Provided Material)

  1. Intellectual property rights (including copyright and trademark rights) of the Provided Material shall remain the property of the Company or its licensors. The Company grants the Member a non-exclusive right to use the Provided Material without the assignment or sublicensing from the Company, for the sole purpose of using the Service.
  2. When the Member uses the Provided Material, the following matters shall be observed.
    1. Do not use the Provided Material except for the purpose of selling products of the Company.
    2. Do not modify or reproduce the content of the Provided material. However, the translation made for the sales territory is not limited by this.
    3. Do not sell/transfer/license the Provided Material to any third party by output or download without the Company's permission, even for the purpose of selling products of the Company.
  3. If the Member fails to comply with the provisions of the preceding articles, the Company may restrict its use of the Provided Material and the Service, or claim compensation for damages against the Member.
  4. The use of the Provided Material shall not be any guarantee for any increase in sales of Company’s products or their market suitability. The Company shall not be liable for any increase or decrease in the Member's profit due to the specification of the Provided material.
  5. The sample image of the Provided Material displayed on the Service and the Provided Material acquired actually by download or output may differ in part due to updated product information, the Member's usage environment or other factors.

Article 9 (The use of the Service)

  1. The Member shall use the Service at his/her own responsibilities under the operating environment separately posted and shall be fully responsible for any and all acts performed on the Service and the consequences thereof.
  2. The Member shall prepare the required equipment, software, telecommunication lines, etc., to use the Service at his/her own responsibilities and costs.
  3. The Member shall take security measures at his/her own responsibilities and costs, including the prevention of computer virus infection.
  4. The Company will not participate in, and accept no responsibility for, the use environment of the Member.
  5. The Company may suspend the Service for periodic or temporary inspections of the system, for the addition or replacement of equipment, for the launch of new services, or for modifications or changes to existing services. The Company may also discontinue the Service at its own discretion if it becomes difficult to provide the Service due to business causes or unforeseen circumstances. If the Service is to be suspended or discontinued, the Company will, as a rule, give notice to the Member on the Service, but may do so without any notice in emergency.
  6. The Company may place advertisements of the Company or third parties on the Service and the Member has agreed to this in advance.
  7. The Service may include services or contents provided by other operators in partnership with the Company. Responsibility for such services or contents shall be borne by such operators providing them. The terms of use and other conditions stipulated by the operator may also apply to such services or contents.

Article 10 (Prohibited acts)

The Member must use the Service in accordance with the laws and regulations of the country or region in which he/she is located. In addition, when using the Service, the Member are forbidden to do following acts by the Company.

  1. Infringement or possible infringement of the copyrights, trademarks or other intellectual property rights, property, portrait rights, privacy rights or other rights of the Company or third parties.
  2. Storing, reproducing, modifying, transmitting (including the acts that make it transmittable) or otherwise using the Content beyond the scope permitted by the Terms of Service.
  3. Causing damage to the reputation or credit of the Company or third parties.
  4. Causing monetary damage to the Company or third parties.
  5. Using multiple e-mail addresses or IDs for registration by one person, one entity or from the same IP address.
  6. Transferring, lending or otherwise allowing any third party to use the ID and password.
  7. Registering false membership information or providing false or misleading information.
  8. Improperly collecting, disclosing, or providing other's personal information, registration information or usage history information.
  9. Using the Service without following the instruction, operating procedures or notices stipulated by the Company.
  10. Interfering with the operation of the Service, servers or systems, transmitting or distributing viruses or other programs or data that cause damage to the Service, using BOTs, cheat tools or other technical means to operate the Service illegally, using crawler technology to illegally collect data on the Service, using intentionally the defect in the Service, accessing improperly the servers of the Service, or interfering with the use of the Service by other Members.
  11. Violating laws, court judgments, decisions or orders, or binding administrative measures.
  12. Cooperation with anti-social forces by providing benefits or other forms.
  13. Violating laws and regulations or public policy and morality.
  14. Assisting or encouraging acts falling under any of the above.

Article 11 (Restriction of usage/deletion)

  1. If the Member met any of the following conditions, the Company reserves the rights to take the necessary measures without prior notice, such as suspension of use, restriction of use, forcible deletion of the member registration or banning of use in the future, etc. In such a case, no questions or complaints regarding such measures shall be accepted.
    1. Any of the prohibited acts in the preceding article applies.
    2. The Member violates the Terms of Service, other agreements or separate regulations.
    3. The Company determines that there is a risk of damage to the Company due to the Member's use, such as the spread of computer viruses or mass-mailing.
    4. The Company is unable to contact the Member by e-mail, or the Member is out of touch for 30 days or more.
    5. Any other cases deemed it appropriate to impose restriction by the Company.
  2. Company shall not be liable to the Member or any third party in the event of any disadvantage or damage in connection with the measures in the preceding paragraph and the consequences resulting from them.

Article 12 (Authority to change)

  1. The Company may update, add, change, or delete the Service (including the Content) at any time without notice to the Member if the Company deems it necessary to do so.
  2. The Company may change the Terms of Service as necessary. In such a case, the changes will take effect 24 hours after the Company posts the changes on the website of the Service or sends a notification to the Member's registered e-mail address, and the Member is deemed to have accepted the changes when using the Service for the first time afterwards.

Article 13 (Exemption from liability)

  1. The Company does not guarantee that the Service (including the Content and the Provided Material, the same hereinafter) will be free from interruption, discontinuation, factual or legal defects, errors, bugs or other failures.
  2. The Company does not guarantee, either expressly or implicitly, the completeness, accuracy, usefulness, up-to-dateness or security of the Service. In particular, the Content is based on information available at the time of uploading on the Service by the Company and may contain defects in completeness, accuracy, usefulness and up-to-dateness.
  3. The Company shall not be liable for any damage caused by changes in the content, interruption, or termination of the Service.
  4. The Company shall not be liable in any way for any failure in the viewing or other use of the Service due to unforeseen factors.

Article 14 (Compensation for damages)

  1. If damage is caused to the Company due to reasons attributable to the Member, the Member must compensate the Company for the damage (whether direct or indirect).
  2. If the Member suffers damage in connection with the use of the Service and the Company is liable for damages, the scope of liability shall be limited to the direct and actual damage caused to the Member in any legal structure, and compensation for damages by the Company shall be limited to the amount of the transaction between the Member and the Company directly related to the damage in question. The Company shall not be liable for damages arising from special circumstances, lost earnings, indirect damages, punitive damages or other damages, irrespective of whether they were foreseen by the Company or not.

Article 15 (Force majeure)

Natural disasters, floods, tsunamis, lightning, typhoons, storms, earthquakes, epidemics and other contagious diseases and measures taken to prevent them, fires, explosions, wars, disturbances, acts of terrorism, strikes, labor disputes, shortages or control of electricity or other energy supplies or raw materials, network interruptions, hacker attacks, computer viruses, server failures, regulations by law or administrative guidance of governmental authority, and other similar or dissimilar circumstances beyond the reasonable control of the Company, which the Company shall not be liable to any Member or user or other third party for any failure or delay in performance of its obligations under these circumstances arising directly or indirectly.

Article 16 (Validity)

  1. Even if part of the provisions of the Terms of Service and the Other Terms are declared invalid by law, the other provisions of the Terms of Service and the Other Terms shall remain valid.
  2. Even if a part of the provisions of the Terms of Service and the Other Terms are declared invalid or revoked in relation to some of the Member, the Terms of Service and the Other Terms shall remain valid to the other Members.

Article 17 (Applicable law and court of jurisdiction)

  1. The Terms of Service is governed by the laws of Japan without reference to principles of conflict laws.
  2. In the event of a dispute arose between the Member and the Company, the Tokyo Summary Court or the Tokyo District Court shall have exclusive agreed jurisdiction as the court of first instance, depending on the amount of the claim.

Article 18 (Others)

  1. The Terms of Service is made in Japanese and English. However, if there is any discrepancy between the two language versions, the Japanese version shall prevail.
  2. The Company reserves the right to interpret the Terms of Service.

Enactment Date
2022/05/20