Terms of Service

These Terms of Service (these "Terms") set forth the conditions for using the service provided by freks ("we", "us" or "our") on this website (the "Service"). All registered users ("Users") shall use the Service in accordance with these Terms.

This English version is provided for reference. If there is any discrepancy between the Japanese and English versions, the Japanese version shall prevail.

Article 1 (Application)

These Terms apply to all relationships between Users and us regarding the use of the Service. In addition to these Terms, we may establish various rules for the Service, such as rules for use ("Individual Provisions"). Regardless of their names, these Individual Provisions constitute part of these Terms. If any provision of these Terms conflicts with an Individual Provision, the Individual Provision prevails unless otherwise specified in the Individual Provision.

Article 2 (Registration)

Registration for the Service is completed when an applicant agrees to these Terms, applies for registration by the method we designate, and we approve the application. We may refuse an application if we determine that the applicant falls under any of the following, and we have no obligation to disclose the reason.

  • The applicant provided false information in the application
  • The applicant has previously violated these Terms
  • We otherwise determine that the registration is inappropriate

Article 3 (Management of User ID and Password)

Users shall properly manage their user ID and password for the Service at their own responsibility. Users may not, under any circumstances, transfer or lend their user ID and password to a third party, or share them with a third party. When a login is made with a combination of a user ID and password that matches the registered information, we will regard it as use by the User who registered that user ID. We are not liable for any damage caused by a third party's use of a user ID and password, except in cases of our intentional misconduct or gross negligence.

Article 4 (Fees and Payment)

Users shall pay the fees for paid portions of the Service, as separately determined by us and displayed on this website, by the method we designate. If a User delays payment of fees, the User shall pay late charges at a rate of 14.6% per annum.

Article 5 (Prohibited Acts)

Users shall not engage in the following acts when using the Service.

  • Acts that violate laws or public order and morals
  • Acts related to criminal activity
  • Acts that infringe copyrights, trademarks, or other intellectual property rights in the Service or its contents
  • Acts that destroy or interfere with the functions of servers or networks of us, other Users, or other third parties
  • Commercial use of information obtained through the Service
  • Acts that may interfere with the operation of our services
  • Unauthorized access or attempts to gain unauthorized access
  • Collecting or accumulating personal information about other Users
  • Using the Service for unlawful purposes
  • Acts that cause disadvantage, damage, or discomfort to other Users of the Service or other third parties
  • Impersonating other Users
  • Advertising, promotion, solicitation, or sales activities on the Service that we have not authorized
  • Acts intended to meet strangers of the opposite sex
  • Directly or indirectly providing benefits to antisocial forces in connection with our services
  • Any other acts that we deem inappropriate

Article 6 (Suspension of the Service)

We may suspend or interrupt all or part of the Service without prior notice to Users if we determine that any of the following applies.

  • When performing maintenance, inspection, or updates of the computer systems for the Service
  • When providing the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters
  • When computers or communication lines stop due to an accident
  • When we otherwise determine that providing the Service is difficult

We are not liable for any disadvantage or damage suffered by Users or third parties due to the suspension or interruption of the Service.

Article 7 (Restriction of Use and Deregistration)

We may, without prior notice, restrict a User's use of all or part of the Service or cancel the User's registration if the User falls under any of the following.

  • The User violates any provision of these Terms
  • The registered information is found to contain false facts
  • The User fails to pay fees or other obligations
  • The User does not respond to our contact for a certain period
  • The User has not used the Service for a certain period since the last use
  • We otherwise determine that the User's use is inappropriate

We are not liable for any damage caused to Users by our actions under this Article.

Article 8 (Withdrawal)

Users may withdraw from the Service by the withdrawal procedure we designate.

Article 9 (Disclaimer of Warranties and Limitation of Liability)

We make no warranty, express or implied, that the Service is free of defects in fact or law (including defects in safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or security, as well as errors, bugs, and infringement of rights).

We are not liable for any damage caused to Users by the Service, except in cases of our intentional misconduct or gross negligence. However, this disclaimer does not apply if the contract between us and a User regarding the Service (including these Terms) is a consumer contract as defined in the Consumer Contract Act.

Even in the case set forth in the proviso of the preceding paragraph, we are not liable for damage arising from special circumstances (including cases where we or the User foresaw or could have foreseen the damage) among damage caused to Users by our default or tort due to our negligence (excluding gross negligence). Compensation for damage caused to Users by our default or tort due to our negligence (excluding gross negligence) is limited to the amount of fees received from the User in the month in which the damage occurred.

We are not responsible for any transactions, communications, or disputes between Users and other Users or third parties regarding the Service.

Article 10 (Changes to the Service)

We may change, add to, or discontinue the contents of the Service with prior notice to Users, and Users shall accept such changes.

Article 11 (Changes to these Terms)

We may change these Terms without the individual consent of Users in the following cases.

  • When the change conforms to the general interests of Users
  • When the change does not contradict the purpose of the agreement for use of the Service and is reasonable in light of the necessity of the change, the appropriateness of the changed contents, and other circumstances related to the change

When changing these Terms under the preceding paragraph, we will notify Users in advance of the change, the contents of the changed Terms, and the effective date.

Article 12 (Handling of Personal Information)

We will appropriately handle personal information obtained through the use of the Service in accordance with our Privacy Policy.

Article 13 (Notices and Communications)

Notices and communications between Users and us shall be made by the method we designate. Unless a User notifies us of a change in the manner we separately designate, we will regard the currently registered contact information as valid and send notices or communications to it, and they will be deemed to have reached the User when sent.

Article 14 (Prohibition of Assignment of Rights and Obligations)

Users may not assign to a third party, or provide as security, their position under the agreement for use or their rights or obligations under these Terms without our prior written consent.

Article 15 (Governing Law and Jurisdiction)

These Terms are governed by and construed in accordance with the laws of Japan. Any dispute arising in connection with the Service shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of our head office.

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