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Terms of Service

Article 1 (Applied Terms)

  1. Manga Chat (referred to as "Our Service" below) is a free service offered by Samurai Factory (referred to as "Our Company"). Our Company displays text or banner advertisements on Our Service based on requests from advertisers, and with the revenue received through advertisements Our Service is able to be operated and offered free to Users.
  2. All Manga Chat Terms of Service (referred to as "The Terms" below) apply to all individuals using Our Service (referred to as the "Users" below) offered by Our Company on the website "Manga Chat" (http://man-cha.com/) (referred to as The Site below) from the starting point of use of Our Service.
  3. This Terms of Service establishes the conditions for use of Our Service. Our Company offers Our Service only to individuals who consent to The Terms.
  4. By using Our Service, all Users agree to become bound by the conditions and agreements of The Terms.

Article 2 (Change of The Terms)

  1. Our Company may change The Terms at any time and for any reason based solely on Our Company’s discretion and without acquiring consent from Users.
  2. After a change in The Terms, except when established separately, The Terms are assumed to take effect from the point at which Our Company makes them public on Our Company's website.
  3. When Users use Our Service after a change in The Terms has taken effect, it is assumed that the updated Terms of Agreement are applicable and that Users agree to all of the content described in The Terms after the change.

Article 3 (Maintenance of Environment for Use of Our Service)

  1. Users agree that all responsibility and fees associated with User’s required equipment and ancillary services ( including, but not limited to, communications equipment, software, equipment and services for connection to the internet) to use Our Service are assumed by Users.
  2. Users are responsible for the control and maintenance of the aforementioned user equipment and services and assumes all responsibility for related fees. Our Company is not involved whatsoever with and assumes no responsibility whatsoever regarding the aforementioned Users equipment and services.
  3. Users assume responsibility for taking security measures, appropriate to Users environment for Our Service, to prevent the spread of computer viruses, illegal access, and data theft etc.

Article 4 (Notifications from Our Company)

  1. Our Company notifies Users regarding necessary items on an as needed basis via notices on Our Company's website, e-mail, or by other means deemed appropriate by Our Company.
  2. The aforementioned notifications will take effect at the time Our Company displays them on the website or at the time Our Company sends to the aforementioned email address.
  3. In the event that Users registered an email address that can not be used (unable to receive email notifications from Our Company or unable to confirm content of email notifications from Our Company, etc.), Our Company may suspend Users’ use of service or delete User’s account.

Article 5 (Registration to and Cancellation of Our Service)

  1. Individuals who wish to use Our Service should register according to Our Company’s prescribed method only after agreeing with The Terms.
  2. Our Company's aforementioned predetermined methods are the methods for registration indicated on the registration form. On the registration form, the email address for registration (referred to as the "Registered email address" below) is used for the "Registered Account". Please use an address in which possible notification emails from Our Company can be received, and which the contents can be confirmed. In addition, notification of completion of registration to "Our Service" will be sent to the Registered email address.
  3. In the event of any of the following, Our Company, based on Our Company's judgment, may not grant Users registration to Our Service.
    1. In the event that a user applying for user registration has a history of having their registration cancelled due to violating the Terms of Agreement for services (including but not limited to, Our Service) offered by Our Company in the past.
    2. In the event that the Registered email address can not be used (unable to receive email notifications from Our Company or unable to confirm content of email notifications from Our Company, etc.)
    3. In the event that the registration information includes expressions or phrases that are deemed offensive.
    4. In the event that Our Company determines that inappropriate user registration has occurred.
  4. In the event that Users wish to cancel their user privileges, Users themselves can cancel registration by following the prescribed procedure. However, Our Company will not perform this procedure on the behalf of Users.
  5. Our Company makes no guarantees whatsoever concerning the storage of data and information after user registration is cancelled.

Article 6 (Management of Registration Account and Password)

  1. The management of the Registered Account and password are the responsibility of the Registered User. In order to avoid problems such as illicit use of the Registered Account, Registered Users must observe and ensure the following items.
    1. Use a password that can not be easily guessed by a third party.
    2. Do not disclose the Registered Account and password to a third party.
    3. In the event that Our Service is used with a cell phone or a computer used by more than one person, when finished using Our Service, make sure to log out and close the web browser.
  2. When a Registered Account and password is used to access Our Service, it can be treated as use by the person in question who registered the account, and all the consequences and responsibility brought about by the aforementioned use belong to the person in question who registered the account.
  3. Regarding damages etc. caused by the use of the Registered Account and password by a third party, Our Company assumes no liability whatsoever, excluding cases of gross negligence by Our Company.
  4. When a Registered User changes or wishes to change the Registered Account, password, or any other registration information, this is to be done by the person in question by the prescribed procedure for making changes. Our Company will not carry out any of the aforementioned procedures for making changes on behalf of Users.

Article 7 (Cancellation of Registration or deletion of contents)

  1. In the following cases, Our Company can cancel the Registered User's Registered Account, or alternatively, delete all or any part of User's content that is deemed problematic.
    1. In the event it is revealed that false representations were made in the application information at the time of registration
    2. In the event that important notifications from Our Company regarding the use of Our Service can not reach the recipient normally or necessary replies are not received from The Registered email address.
    3. In the event that Our Company determines that Users came into conflict with the prohibited items described in Article 8, or there is a high possibility of doing so.
    4. In the event that the health and safety or other rights or interests of other Users or third party has been violated, or a serious threat to these is imminent.
    5. In the event that there is an opinion or indication voiced from a official agency or specialist ( lawyers, internet hotlines, and trust confirmation organizations etc. that are regulated by legal guidelines regarding the disclosure of caller information and the limits of liability for damage of national and local authorities, and telecommunication providers.) indicating that contents or information posted on a bulletin board etc. are illegal, go against public order and morality, or violate the rights of another person.
    6. In the event that there is a declaration from the person purporting to be the rightful claimant to the effect that information written on a bulletin board or other contents violated ones' rights. However, this is only in the case in which documents are presented from the individual purporting to be the rightful claimant that can reasonably determine that there is a violation of one's rights and that the person in question is the rightful claimant, and after carefully being reviewed by Our Company, Our Company determines that there is a violation of one's rights and that the person in question is the rightful claimant.
  2. In the event that a Registration Account is deleted or all or part of User’s contents that are deemed problematic are deleted due to any of the aforementioned items, Users may not request reasons for such actions and may not dispute such cancellations.

Article 8 (Prohibited Items)

  1. The following actions are prohibited. In the event that Users perform any of the following actions, Our Company can delete User’s Registration Account or delete all or part of the contents that are deemed problematic.
    1. Assign, lend, or license a Registered User's account to a third party.
    2. Publishing violent and obscene expressions and material corresponding to child pornography or child abuse, or expressions with such intentions.
    3. Actions that oppose the law and public order and morality and publishing material that includes content that opposes them
    4. Posting links to sites such as sexually explicit sites, child pornography and prostitution, or sites to download unedited video of such images.
    5. Activities intended for encounters with the opposite sex or behavior to attract a person of the opposite sex to establish an acquaintance, or actions possibly related to such solicitations, together with any actions soliciting or aiding and abetting prostitution.
    6. Actions violating the law or that may potentially violate the law, and actions that invite, broker, or undertake illegal activities.
    7. Acts related to or possibly related to the crimes of illegal sales of mobile phones and savings accounts etc, child prostitution, abuse of controlled substances, and fraud.
    8. Causing significant trouble to other Users, third parties, or to Our Company.
    9. Act of using Our Service while wrongfully assuming the identity of another Users.
    10. Activities of posting information with content that solicits third parties, typified by pyramid schemes and activities such as infinite chain letter schemes.
    11. Activities of disclosing one’s own or other’s personal information.
    12. Activities of collecting private information about other Users or third parties without their consent or offering, publishing, and using their private information without the permission from the person in question.
    13. Violating the intellectual property rights, such as trademarks and copyrights, of other Users or third parties, or Our Company, or the possibility of such a violation.
    14. Activities that infringe upon the assets, privacy, rights of likeness, publicity rights, or any other rights and profits thereof of other Users or third parties, or Our Company, or activities that may possibly violate such rights.
    15. Activities (including doctoring and/or editing etc. and using) of using the contents belonging to Our Company that make up Our Service either within Our Service or in another site without the permission of Our Company.
    16. Activities of publishing others’ works protected under a copyright without permission from the holder of the aforementioned copyright.
    17. Acts of slander on, or inflicting mental or physical suffering on a specific, real person, or acts that cause such slander or infliction of suffering.
    18. Acts that interrupt the pleasant use of Our Service by all members such as by publishing language that is inappropriate, unnecessarily aggressive and profane, and acts that repeatedly do so.
    19. Acts of publishing words and expressions that are likely to beautify, cause or promote suicide, self infliction of injuries, and drug abuse etc. and acts of publishing methods of suicide.
    20. Acts of displaying or sending information that goes against the facts, or acts of publishing information that includes content to invite misunderstanding or fallaciousness.
    21. Acts of using link spam (including, but not limited to click fraud), and acts that use these for URL forwarding.
    22. Activity of using a tool or program that can automatically insert messages, remarks, or text into Our Service (including activites such as "Trolling").
    23. Acts of writing or transmitting harmful computer programs such as viruses.
    24. Acts of illegally not displaying advertisements that should be displayed or seriously and intentionally lowering the effect of an advertisement.
    25. Acts of illegally accessing Our Company's network or server facilities etc.
    26. Acts of giving our server an unreasonably extreme load or causing a decrease in our security, and acts that may potentially cause such conditions.
    27. Acts of Selling all or parts of Our Service.
    28. Publicly transmitting or duplicating the URL of Our Service, and the contents, program, and source etc. of Our Service without authorization from Our Company.
    29. When posting images and other data, acts of registering the URL of a website unrelated to the data as if it is the URL of the website that relates to the aforementioned data.
    30. Applying to and using Our Service with the aim of doing technical research into Our Service.
    31. Acts of posting content that results in a loss of credibility of Our Service.
    32. Use with the intention of hindering, interrupting, or impeding the operations and management of any service of Our Service.
    33. Actions that violate the Terms of Service.
    34. Any other acts that Our Company decides is not appropriate as Users of Our Service.

Article 9 (Claiming Damages)

  1. In the event that by acting in contradiction to The Terms, or by wrongly or illegally using Our Service causes damage to Our Company, Our Company is able to claim damages (including legal fees) to the aforementioned Users.

Article 10 (Regarding Disclaimers and User's Responsibility and Liability)

  1. Our Company is in no way responsible for any loss or damages caused to Users in relation to use of Our Service.
  2. Our Company holds no responsibility whatsoever regarding any loss or damage caused to Users when using Our Service, including the cases covered under Article 2 (Changes in The Terms), Article 7 (Cancellation of Registration or deletion of contents), Article 13 (Suspension of Service), and Article 14 (Discontinuation of Service).
  3. Our Company assumes no responsibility whatsoever in the event that Users caused damages to any other individuals by use of Our Service.
  4. In the event that there is a dispute between Users, it is assumed that the resolution of the dispute is the responsibility of the aforementioned Users that are the concerned parties of the dispute, and that in the event Our Company, other Users, or third parties other than Users suffer any damages, the aforementioned Users must make reparations for their damages.
  5. Users assume all responsibility and burden of expense for all submissions, published words, and any other content Users contributed to Our Service, User's connection to Our Service, or User's violation of The Terms of Service or infringement of a third party's rights caused by Users and all claims and complaints related to such infringements.
  6. It is the responsibility of and at the expense (including payment of legal fees) of Users to resolve all claims and requisitions that originate from or are related to any submissions, published words, and any other content from Users on Our Service, and also from User's association to Our Service, any violations of The Terms of Service by Users, or any violation of the rights of third parties by Users.
  7. Our Company assumes no responsibility whatsoever regarding any problems or effects resulting from the accuracy, credibility, certainty, or utility, etc. of information obtained through Our Service.
  8. Our Company does not provide any support via phone or fax for use of Our Service. Inquiries such as for questions from Users are only received via email. Furthermore, Our Company does not provide any support or guarantees regarding User’s use of any devices or software.
  9. Our Company is under no obligation to actively monitor or supervise User’s compliance to The Terms.
  10. The management of all types of data contributed to Our Service is the responsibility of Users. Our Company holds no responsibility regarding the loss or damage of data.

Article 11 (Regarding Third Party Sites within Our Service)

  1. The third party sites that are linked to Our Service by hypertext links and banner links within Our Service are not under the control of Our Company.
  2. Our Company holds no responsibility whatsoever and provides no guarantees regarding the use of user information, security, and contents, etc. of third party sites. Additionally, Our Company has no obligation to respond to any claims or inquiries regarding these aforementioned third party sites.

Article 12 (Regarding the Content of Users Submissions)

  1. According to the established methods of Our Company, Users are able to submit content (below referred to as The Content) (including but not limited to text, graphs, logos, tools, photos, images, illustrations, audio, video, and animation etc.) to Our Service made either by oneself or possibly by another individual. In the case of submitting Content created by another individual, permission or the legitimate right must be received from the aforementioned individual regarding the permission for The Content to be submitted and for Our Company to reprint or use it. Our Company does not make guarantees whatsoever as to whether Users are granted the acquisition of the aforementioned legitimate right or not.
  2. Our Company is not liable whatsoever regarding the contents of the material (from the preceding clause) that is submitted, and does not make any guarantees that the submission and publishing of the aforementioned content on The site does not infringe upon the copyrights or any other rights of a third party.
  3. Regarding The Content in the first clause, Users grant the right (including the right of sublicensing) to Our Company to use (duplicate, make public, transmit, distribute, assign, loan, translate, and adapt) it both in and outside of Japan free of charge on a nonexclusive basis. Moreover, Users agrees not to exercise a moral right to it.
  4. In addition, regarding this article, Our Company does not promise to license the aforementioned content to other Users.
  5. Users must not submit material with contents that violate the prohibitory items listed in article 8.
  6. Our Company is not under any obligation to actively monitor whether The Content submitted by Users has or has not violated the Terms of Service. However, Our Company has the right to check the material that Users submitted at anytime if there is a need to do so.
  7. Our Company strives to the fullest extent to manage and store material that exists on Our Service. However, Our Company is not liable whatsoever for any problems regarding The Content that Users submitted or the access, management, or storage of any other data.
  8. It is the responsibility of Users to maintain any Content or text that makes up a bulletin board, and any other such data created by Users.

Article 13 (Suspension of Service)

  1. Our Company may temporarily suspend all or part of Our Service offered, without prior notice to Users, due to any of the following circumstances.
    1. In the unavoidable event that repairs or maintenance of equipment used by Our Service
    2. In the unavoidable event that damage has occurred to the equipment used by Our Service
    3. In the unavoidable event that an accident, natural disaster, war or rioting, etc. occurs
    4. In the event that the telecommunications services provided by the telecommunication provider become incapacitated
    5. In the event that Our Company determines that temporary suspension of service is necessary due to technological, operational, or other grounds.

Article 14 (Discontinuation of Service)

  1. Our Company can suspend or terminate use of Our Service without prior notice to Users in the event that Users violate a condition of The Terms.
  2. Our Company may end all or part of Our Service offered to Users after notifying User s with an adequate timeframe.
  3. The notice mentioned in the proceeding clause may be made on a bulletin board on Our Company's website or forwarded to the email address provided by Users during registration, and is effective by the conditions set forth in Article 4.

Article 15 (Privacy of Communications and Protection of Personal Information)

  1. Our Company protects User's privacy of communications based on Article 4 of the Telecommunications Business Law.
  2. Our Company notifies Users of the purpose of use and offered destination of personal information acquired through the The Service and does not use this personal information for any other purpose. Moreover, unless User's consent is received (including being clearly specified on the screen and with an opportunity for Users to reject it installed) personal information is not disclosed or offered to any third parties. However, the following cases are excluded:
    1. When personal information is disclosed to a consignee in order to consign the handling of personal information to the aforementioned consignee;
    2. When there is a successful business succession such as a business transfer related to a part of Our Service, all the rights and obligations are by law also fully transferred to the transferee;
    3. When a warrant is issued by a court or any other judicial decision, command, decision, or legal decree given by a court;
    4. When there is a legal and lawful inquiry of information from a prosecution, the police or from other governing legal authorities;
    5. When necessary to protect human life or property and to prevent personal injury and it is difficult to obtain the consent of the relevant persons;
    6. When especially necessary to improve public health or promote the sound education of children, and it is difficult to obtain the consent of the relevant persons;
    7. In the event that personal data is used jointly between specific people, when the said person is notified in advance regarding the people with responsibility for the data, the range and scope of people jointly using it, and the purpose of use and management of the personal data, and this is put in a way that can easily be understood to the said person;

Article 16 (Protection of Personal Information)

  1. Our Company appropriately protects personal information, and observes the Privacy Policy posted separately on our web site.

Article 17 (Intellectual Property Rights Regarding Contents Within The Site)

  1. Users acknowledge that The Contents composing this service are generated and offered by Users (including but not limited to text, graphs, logos, tools, photographs, images, illustrations, audio, video and animation, etc.) and the copyrights, trademark rights, and patents or other intellectual property rights related to these Contents belong to Our Company or cooperating business partner, or the one who offered the Content, and that these are protected by law and agree not to perform any acts that infringe upon these rights.

Article 18 (Governing Law)

  1. The law that governs and applies to The Terms is Japanese Law.

Article 19 (Court of Jurisdiction)

  1. In the event of a dispute between Users and Our Company regarding the items related to The Terms, it is assumed and agreed that the Tokyo Summary Court or the Tokyo District Court will be the exclusive court of jurisdiction of the first trial.

Article 20 (International Use)

  1. Upon fully understanding that the internet is something which transcends national borders, Users must observe the rules and laws of the region and country in which it is being used.

Article 21 (Reporting Copyright Infringement)

  1. In the event it is determined that the copyright of one's copyrighted work has been violated on Our Service, notification should be sent to Our Company to the specified address and include the information stated below.
    1. The email address, telephone number, address, and name of the person making the declaration;
    2. The signature or electronic signature of the person making the declaration;
    3. The name, address, phone number, and email address of the owner of the copyright;
    4. In the event that the person making the declaration is not the owner of the copyright, explanation of grounds for having the legal right to represent the owner of the copyright;
    5. Description of the copyrighted material asserted to having it's copyright violated;
    6. Location where the original work asserted to be violated against is published;
    7. Explanation of the legal grounds being asserted regarding the copyrighted material in question being used without the permission from the owner of the copyright;
    8. <Contact Address>
      Samurai Factory Inc.
      16-28 Nanpeidai-cho Shibuya-ku, Tokyo, 150-0036 Japan
      Compliance Representative
      Or, contact us by email at: infosamurai-factory.jp
  2. In the event we are notified regarding any of the preceding items, Our Company will be unable to respond if the above information requested by Our Company is not completely provided. Moreover, in order to determine the presence of a copyright infringement, the submittal of further information or evidence may be requested. Receipt of notification regarding the above items does not guarantee that Our Company will take action.

Article 22 (Supplementary Provisions)

Established on June 1, 2009