ENSOKU-MANGA Terms of Use

Article 1 (Introduction)

  1. This Terms of Use ("Agreement") applies to all conduct of users who use the Service provided by Shift-One, Inc. ("Company")
  2. This Agreement prescribes the terms of use for the Service. Users (also referred to as "you") agree to this Agreement and use the Service in accordance with this Agreement. By using the Service, you agree to all of the terms stated in this Agreement.

Article 2 (Definitions)

  1. The terms used in this Agreement have the following meanings.
    1. "Site" means the Website called "ENSOKU-MANGA" (https://manga.ensoku.club) that the Company operates.
    2. "Service" means all services that are provided on the Site.
    3. "Other Company Service" means any service that the Company provides other than the Service.
    4. "Affiliated Service" means a service operated and provided by a third party with whom the Service or Other Company Service affiliates.
    5. "User" (or "you") means a person who uses the Site.
    6. "Member" means a User who performs membership registration for the Service.
    7. "Registered Mail Address" means the mail address that a User provides us for the purpose of accessing the Service.
    8. "Password" means the string of characters that is collated with a Registered Mail Address to authenticate the User when using the Service.
    9. "Information including Images" means information such as images, text and the like which can be posted using the Service.
    10. "Posted Content" means information including comics, illustrations and compositions as well as reviews, reactions, comments and the like that Users upload to the Site.

Article 3 (Scope of this Agreement)

  1. The terms of use for the Service are prescribed in this Agreement and other terms of use, etc. on the Site. Such other terms of use, etc. constitute a part of this Agreement regardless of what they are called.
  2. If there is any inconsistency between the provisions of this agreement and those of other terms of use, etc., such other terms of use, etc. shall prevail.

Article 4 (Amendment of this Agreement)

  1. This Agreement may be amended in whole or in part, at any time at the Company's discretion. Unless otherwise provided, the amended Agreement shall take effect from the time it is displayed on the Site.
  2. If you use the Service after the amendments to this Agreement take effect, you agree to the entire Agreement as amended.

Article 5 (Handling of Personal Information)

  1. We will handle your personal information appropriately under the Company's "Privacy Policy."

Article 6 (Membership Registration)

  1. You need to perform membership registration by a method that we separately prescribe in order to use services other than browsing Posted Content and provided content in the Service (to comment, upload Posted Content, support and the like).
  2. You must provide true, accurate and complete information about yourself when you perform membership registration and always update such information so that it is current.
  3. You are responsible for strictly guarding the password you enter when performing membership registration so as to prevent unauthorized access. We may treat all actions taken using your registered password as actions that you yourself have taken.
  4. The user ID and license to use the Service based on such ID that result from membership registration may not be transferred, loaned or otherwise passed down to a third party.

Article 7 (Control of Registered Mail Address, ID and Password)

  1. You will register an email address that you yourself can control and use as your Registered Mail Address. If you become unable to control such Registered Mail Address yourself, you must change to another email address that you yourself can control and use.
  2. You must make efforts to prevent the unauthorized use of your Registered Mail Address, Password and ID and bear all responsibility for such control.
  3. The Company shall in no way be liable for any harm that occurs due to the use by a third party of your Registered Mail Address, Password and ID.
  4. You must manage and store all data such as images and text that you create at your own responsibility.
  5. You yourself must store all data such as images and text uploaded to the Service by making proper backups and the like. We make no warranties whatsoever with respect to the storage, etc. of data such as images and text.

Article 8 (Posting of Contents)

  1. Users will upload Posted Content in a manner that we specify in the Service.
  2. Copyright in the Posted Content that a User uploads will be retained by the User who uploads such content.
  3. Except for methods of use prescribed in the Service and Affiliated Services, Users must not make any use of Posted Content that other Users upload other than browsing (prohibited uses include reproduction, forwarding, redistribution and alteration).
  4. The Company shall in no way be liable for the contents of the Posted Content. If any objection, complaint or other claim is received from another User or third party, you will handle and resolve the matter at your own liability and expense.
  5. In operating the Service, the Company may, as necessary, browse and use in any manner all Posted Content on the Service (including reproduction, showing, public transmission, translation and adaptation), such use to be free of charge and without limitation as to region. Users shall not exercise any moral rights of the author with respect to our use of the Posted Content under this provision.

Article 9 (License, etc. for the Posted Content)

  1. By posting to the Service, you agree to the use of the posted content by Other Company Services and Affiliated Service.
  2. We may use the Posted Content and any images, text and the like incidental thereto, at any time, free of charge and without particular notice, on all Other Company Services and Affiliated Services, including the Website "ENSOKU," the smartphone application "SAY-U," and so on.
  3. You license the Company to translate and animate Posted Content that you upload (i.e., the adding of imaging and sounds such as sound effects, background music and voiceovers).
  4. You license the Company, free of charge, to exclusively distribute the above-referenced animated content.
  5. You license the Company to use the Posted Content and the above-referenced animated content on our "ENSOKU" and "SAY-U" services.
  6. In the event that any dispute with a third party arises regarding the animated content we created relating to Paragraphs 3, 4 and 5 above based on your Posted Content, you shall resolve the matter at your own expense and liability.
  7. We may use and alter the Information including Images that you post within the scope necessary for the smooth provision of the Service and the construction, improvement and maintenance of our system.
  8. In using the Information including Images in the manner prescribed in the preceding paragraph, we may omit part of the information or the display of names.
  9. When you use the Service to post images, text and the like, you warrant to the Company that such images, text and the like do not infringe the rights of third parties. In the event that any dispute arises with a third party based on a claim that the images, text and the like you posted infringe the rights of a third party, you shall resolve the matter at your own expense and liability and shall cause no harm to the Company.
  10. Even if a member's status is lost or suspended for any reason, we may thereafter, at our own discretion, continue to provide and distribute the Posted Content on the Service, the Other Company Services and Affiliated Services.

Article 10 (Comments)

  1. Users may post comments, in accordance with this Agreement, on the content they browse.
  2. All legal rights and duties relating to comments belong to the User who posted such comment.
  3. You grant the Company and other Users the license to browse the comments that you post free of charge and without restriction as to region or time.
  4. Users must not make any use of comments that other Users post other than browsing (prohibited uses include reproduction, forwarding, redistribution and alteration).
  5. You license the Company to use comments you post, free of charge and without restriction as to region or time, for the purpose of promoting and advertising the Service, Other Company Services and Affiliated Services on the Service, Affiliated Services, in magazines other than the Service, on our homepage, etc. (such use to include reproduction, showing, public transmission, oral statement, exhibition, distribution, loaning, translation and adaptation).
  6. If we find that any comment violates this Agreement, we may restrict the browsing of or delete such comment without obtaining your permission.

Article 11 (Prohibitions)

  1. In using the Service, you shall not engage in any of the following:
    1. redistribution, reproduction, distribution, etc. or any other conduct for a purpose other than your own personal use of the Service;
    2. conduct such as analysis of the source code, structure or ideas of the Site;
    3. conduct such as the reproduction, alteration or adaptation of the Site, or combination of the Site with other software;
    4. conduct such as the destruction of security devices or security codes incorporated into the Site;
    5. the transmission of harmful programs such as computer viruses;
    6. carrying out harmful operations against the Service, including attempting to defeat the security devices of the Service;
    7. conduct that infringes an intellectual property right, right to likeness, personality right, publicity right, reputation right, ownership or any other right of the Company or a third party;
    8. conduct that causes harm or any other disadvantage to the Company or a third party;
    9. criminal conduct or any conduct that promotes crime;
    10. conduct that violates laws and regulations or public order and standards of decency;
    11. for-profit activity engaged in without the Company's permission;
    12. use or the Service for the aim of sexual conduct or indecent acts or conduct that includes the posting of images of indecent acts, child pornography or the like;
    13. conduct that induces or promotes suicide, self-injury, killing, abuse or the like;
    14. the posting of expressions, images or the like of excessively violent or grotesque nature;
    15. wrongfully collecting, disclosing or posting the personal information, browsing history or other personally identifiable information of yourself or a third party;
    16. conduct that bothers other Users, such as sending advertisements;
    17. conduct that sublicenses, assigns, transfers or otherwise transmits the right to use the Service to a third party;
    18. deletion or modification of the copyright notice or any other rights notice attached to the Service;
    19. conduct that interferes with the operation or use of the Service; or
    20. conduct that promotes any act by a third party that comes under any of the above items, or any other conduct that the Company finds improper.
  2. If you breach any of the provisions of this Agreement, etc., or if we find such breach likely, we may, at our discretion and without prior notice to you, [a] suspend all or part of your use of the Service, [b] delete all or part of your Posted Content or [c] take any other measure that we find necessary. However, we have no obligation to carry out such measures.
  3. The Company shall in no way be liable if you incur any harm due to the measures prescribed in the preceding paragraph.

Article 12 (Suspension of Use, etc.)

  1. If it is found that a User breached any of the provisions of this Agreement, etc., or if we find it otherwise necessary, we may take the following measures against such User, and the Company shall in no way be liable for any disadvantage or harm such User incurs due to such measures:
    1. deleting or making non-browsable (non-public), in whole or in part, the Posted Content, browsing history or the like of such User;
    2. disclosure of the breach within and without the Service, including giving notice to the police or other public agencies in a case where the conduct may constitute a criminal case, administrative case or the like.
    3. forfeiture of status as a User or other punitive measures on the Service; or
    4. suspension of use, or temporary suspension of use, of the Service.
  2. Users may not make any objection to any course of action we take under this Agreement, etc. against conduct that violates this Agreement, etc.
  3. If the Company incurs harm due to a User's conduct, then regardless of whether we have taken legal measures, we may make a claim for damages against such User.
  4. The Company shall in no way be liable for any consequences that result from a User's conduct in violation of this Agreement, etc.

Article 13 (User's Liability)

  1. Users shall use the Service at their own liability. Users shall bear all liability for all actions they take on the Service and the consequences thereof.
  2. If a dispute arises between you and another User or a third party regarding copyright infringement or the like, you shall resolve such dispute at your own liability, and the Company shall in no way be liable.
  3. The Company makes no express or implied warranty that any of the Posted Content or the Service is free from factual or legal defects (including any warranty against defects of safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, warranty of freedom from errors and bugs, warranties of non-infringement and the like). The Company owes no duty to provide the Service to User's free from such defects.
  4. The Company shall in no way be liable for any harm incurred by customers due to the Service.

Article 14 (Exclusion of Liability)

  1. The Service is provided to Users as-is. The Company makes no warranties whatsoever, whether express or implied, regarding the Service, including product liability, functionality or performance of the Service, the results of using the Service, the accuracy or reliability thereof (including the absence of malfunctions) or the like. Moreover, the Company makes no warranty that the User's computer or mobile terminal such as a smartphone will not malfunction as a result of using the Service.
  2. The Company shall not be liable for any lost profits, harm arising from the special circumstances of User (including cases where the Company could have or should have foreseen the occurrence of such harm) or harm arising from a claim for damages by a third party against User in connection with the Service or the use of the Service.
  3. The Company owes no duty to repair bugs in the Service or any other problems thereof and no duty to improve or refine the Service.
  4. Any disputes or problems arising between Users shall be resolved by such Users, and the Company shall in no way be liable for these.
  5. Even in the event that that the Company owes liability for damages in connection with this Agreement, etc., based on the application of the Consumer Contract Act, the Company's liability shall be limited to JPY10,000.00.

Article 15 (Notices from the Company)

  1. We will notify Users of important news relating to the use of the Service by postings to the Site or other means that we find suitable.
  2. The notices prescribed in the preceding paragraph will be effective at the time we issue notice.

Article 16 (Interruption of Service)

  1. If any of the following occurs, we may interrupt the provision of the Service without giving Users prior notice:
    1. repair of the systems relating to the Service;
    2. breakdown of the systems relating to the Service;
    3. inability to provide the Service due to a breakdown of the telecommunications infrastructure;
    4. the occurrence of a natural disaster such as an earthquake or tsunami; or
    5. any other case where we find that interruption of the Service is necessary.

Article 17 (Termination of the Service)

  1. We may terminate the provision of all or part of the Service to Users upon giving you notice.

Article 18 (Application of Law and Jurisdiction)

  1. The governing law of this Agreement, etc. shall be the law of Japan. The Tokyo District Court or the Tokyo Summary Court shall be the court of first instance with exclusive jurisdiction over any disputes arising in relation to this Agreement, etc.

Article 19 (No Transfer of Rights and Duties)

  1. You may not transfer, loan or provide as security to any third party any right or duty you hold relating to the Service.

Article 20 (Effect after Termination of Use)

  1. The provisions of Article 8 through Article 11 and Article 18 shall apply to Users even after the termination of use.

Shift-One, Inc.

Instituted and enforced October 5, 2015
Revised October 15, 2015