Content-User License Agreement
This Agreement, entered into by and between figbit corp. (hereinafter “figbit”) and the content user, establishes the conditions for the granting of a license to use the internet video and voice streaming services and incidental content (hereinafter “the Content”) provided by figbit.
The user wishing to make use of the Content (hereinafter “Content User”) agrees to read and understand this Agreement in full before using the Content. By using the Content, the Content User agrees to abide by the terms established in this Agreement.
Article 1 (Confirmation of Rights)
The Content is protected by copyright law, trademark law, and other national laws and treaties governing intellectual property rights.
Article 2 (Grant of License)
- 1 The Content User is permitted to view the Content via a compatible device owned by the Content User (hereinafter, “the Device”), in accordance with the provisions set forth in this Agreement.
- 2 All rights related to the Content are reserved by figbit, the companies responsible for publishing the Content (hereinafter, “the Publishing Companies”), and other copyright holders (hereinafter, “the Original Copyright Holders”).
- 3 Notwithstanding the provisions of Paragraph 2 above, in the event that the Content includes software governed by usage conditions set forth by an entity other than figbit that owns the rights to the software (hereinafter, “Out-of-scope Software”), the Content User agrees use the software in accordance with the usage conditions established by the right holders.
Article 3 (Limitations of usage)
- 1 The Content User agrees not to copy, duplicate, transfer, publicly distribute (including automated public distribution), sell, or modify the Content, in whole or in part. Further, the Content User agrees not to erase or change the appearance of marks (including registered trademarks) or other indicators of rights included in the Content.
- 2 The Content User agrees not to use a part of the Content or its constituent parts separately from the Content, unless explicitly agreed otherwise.
- 3 The Content User agrees not to make audio or visual recordings of the Content, download the Content data, distribute the Content, or partake in any other activity that infringes upon the copyright or other rights of figbit or a third party.
- 4 The Content User agrees not to reverse engineer, disassemble, decompile, or otherwise analyze the source code of the Content.
- 5 In the normal course of usage, the Content may automatically create data files. In such cases, the Content User agrees to treat the data file as the Content.
Article 4 (Extent of Warranties)
- 1 figbit warrants the following: that the Content is free of error, bugs, or other defects; that the Content will be available without interruption; that the use of the Content will not harm the Content User or a third party; and that the Content will not infringe upon the intellectual property rights of a third party.
- 2 figbit does not warrant the following that the device used by the Content User to access the Content, the operating system and other core software used by the device, and the telecommunication network service will operate normally and without interruption, both at present and in the future.
- 3 The Content is intended for the provision of information prepared by the Publishing Companies, and is not intended to solicit sales of specific products. figbit and the Publishing Companies accept no responsibility for investment decisions made by the Content User.
- 4 The Publishing Companies are responsible for the information included within the Content and the information included in links provided by the Content. figbit does not warrant the accuracy, appropriateness, or completeness of any such information.
Article 5 (Responsibilities of the Content User)
The Content User is responsible for the management of ID, password, and other information required to use the Content, and bears full responsibility for maintaining confidentiality.
Article 6 (Copyright protection)
The Content User agrees to abide by copyright law and other laws and regulations related to intellectual property rights when using the Content.
Article 7 (Termination)
- 1 In the event that the Content User fails to comply with any provision of this Agreement, figbit may immediately suspend access to the Content for the Content User, terminate this Agreement, and demand that the Content User compensates figbit for any damages that may have arisen.
- 2 In the event that this Agreement is terminated according to the provisions of the preceding Paragraph 1, or for any other reason, the provisions set forth in Article 3, Article 6, Article 9, and Article 10 shall remain in force.
Article 8 (Amendments to this Agreement)
- 1 figbit may revise the provisions of this Agreement and will take appropriate measures to inform the Content User if the Content User continues to use the Content after the revisions have been made. Usage of the Content by the Content User will be deemed acceptance of the revised agreement.
- 2 If the Content User does not agree with the revisions to this Agreement made in accordance with the preceding Paragraph 1, the Content User agrees to cease using the Content immediately.
Article 9 (Exclusion of Anti-Social Forces)
- 1 The Content User represents and warrants that the Content User does not fall under any of the following categories: a member of an organized criminal group; a person who was a member of an organized criminal group within the past five years; an associate member of an organized criminal group; a company affiliated with an organized criminal group; a corporate racketeer; a person or group proclaiming itself as a social activist; or other equivalent person (hereinafter, collectively referred to as “Organized Crime Group”). The Content User also represents and warrants that the Content User does not currently, and will not in the future, fall under any of the categories set forth in the following Items:
- (1) a person found to be in a relationship with an Organized Crime Group that shows the Organized Crime Group has control over management;
- (2) a person found to be in a relationship with an Organized Crime Group that shows the Organized Crime Group has substantial involvement in management;
- (3) a person found to be in a relationship with an Organized Crime Group that shows reliance on the Organized Crime Group for the purpose of unlawful personal gain, gain for the benefit of third parties, or for the purpose of harming third parties;
- (4) a person found to be in a relationship with an Organized Crime Group that shows the provision of funds, benefits, or services from the person to the Organized Crime Group; or
- (5) a corporate officer or person substantially involved in management who has a socially improper relationship with an Organized Crime Group.
- 2 The Content User agrees not to conduct any of the actions set forth in the following Items, whether personally or through the use of third parties:
- (1) a demand with violence;
- (2) an unreasonable claim in excess of statutory liability;
- (3) the use of threatening words or violence in relation to transactions;
- (4) action that damages the reputation of the counterparty or interferes with the business of the counterparty by spreading rumor, using deception, or resorting to force.
- 3 In the event that the Content User has violated any of the provisions in the preceding two Paragraphs, figbit will terminate this Agreement without notifying the Content User, and the Content User may not request compensation for any damages borne by the Content User.
Article 10 (Legal Matters)
- 1 This Agreement is governed by the laws and regulations of Japan.
- 2 In the event of any dispute between the Content User and figbit related to this Agreement, the Tokyo District Court shall be the exclusive court of jurisdiction in the first instance.
End of Agreement