Terms of Service

Article 1 Purpose

These Terms of Service relates to the Member’s provision of pet-related videos and the license for use of these videos to PECO Corporation (the “Company”) (hereinafter, any videos provided from the Member to the Company shall be referred to as the “Videos”), as well as aims at stipulating the terms and conditions concerning the use of the forms, the management screen and other accompanying services (the “Services”) for registration of the Videos.

Article 2 Registration of the Member
  1. Any person who desires to be a Member (the “Applicant”) shall make an online application by the method designated by the Company. When the Applicant makes the application, he or she must provide the Company with correct, accurate, and latest information.
  2. The procedure for registering the Member shall complete with the Company’s consent to the application in the preceding paragraph.
  3. Upon completion of the procedure for registering the Member stipulated in the preceding paragraph, the contract concerning the use of the Services and provision of the Videos in accordance with the provisions set forth herein is established between the Member and the Company, the Member becomes able to use the Services by the method designated by the Company, and the Company becomes able to use the Videos provided by the Member under the provisions of these Terms of Service.
  4. The Company may reject the registration if the Applicant constitutes any of the following items. Furthermore, the Company shall not admit any registration of the Member under any circumstances if the Applicant is a minor younger than 18 years old.
    1. The Applicant is determined by the Company to be likely to breach these Terms of Service.
    2. If all or part of the registration information provided to the Company include false information, clerical mistakes, or omissions.
    3. The Applicant had been deleted from the registration for the use of Services in the past.
    4. The Applicant is a minor who is 18 years old or older, adult ward, or person under curatorship or assistance, and he or she does not have the consent of the legal representative, guardian, curator, or assistant. Furthermore, the Company may request for submission of a document showing the consent, and even if the document is submitted, the Company may reject the registration.
    5. The Company determines that the Applicant constitutes antisocial forces and similar groups (which mean armed gang, a member thereof, right-wing group, antisocial forces, or any equivalent thereto, and the same applies hereinafter) or communicates or engages with antisocial forces in any ways (such as assisting or engaging maintenance, operation or management of antisocial forces through financial funding and other action).
    6. Any other cases where the Company determines that the registration is not appropriate.
  5. If the Member is a minor, the Member must obtain a prior consent of the legal representative (such as person of parental authority, and the same applies hereinafter) on the use of the Services and provision of the Videos and agree to these Terms of Service. If the Member agrees to these Terms of Service without the prior consent of the legal representative, the Company may terminate these Terms of Service.
  6. If the Member who is a minor at the time when he or she agrees to these Terms of Service provides the Videos after the said Member becomes an adult, it shall be considered that the Member’s use and provision when a minor was ratified.
Article 3 Management of email addresses and passwords
  1. The Member shall be responsible to manage the email address and password set out by the Member on the Services pursuant to the provisions as decided by the Company.
  2. The Member may not have a third party use, transfer, or create a security interest in or otherwise dispose of the email address and password.
  3. The Member shall be liable for any damage caused by unsufficient management, error in use, or a third party’s use of the Member’s email address and password, and the Company shall never be responsible therefor.
  4. If the Member’s email address or password is divulged to any third party or if it is suspected that a third party uses the Member’s email address or password, the Member shall immediately inform the Company of that effect and follow the instructions of the Company (if any). In this case, the Company may suspend the relevant email address or password as unfair account and the Company shall not be liable for any damage suffered by the Member due to the suspension.
Article 4 Method for registration of the Videos

The Member shall register the Videos by a method separately specified by the Company in the Terms and Conditions for registered Videos.

Article 5 License

Terms and conditions of the license to the Company concerning the use of the Videos shall be stipulated separately by the Company in the Terms and Conditions for registered Videos.

Article 6 Representations and warranties

Upon licensing the Company for the use of the Videos, the Member shall make representations and warranties separately decided by the Company in the Terms and Conditions for registered Videos.

Article 7 Confidentiality
  1. For the purpose of these Terms of Service, the “Confidential Information” shall mean all information on the Company’s technology, sales, operation, finance, organization, and other matters that the Member obtains, receives under disclosure procedures, or learns from the Company through documents, oral communication, record media, or the internet in relation to these Terms of Service or the Services. However, any information shall be excluded from the Confidential Information if the information
    1. was already publicly known or already known by the Member when the Member obtains, receives under disclosure procedures, or learns from the Company;
    2. became publicly known through publications or other media due to any events not attributable to the Member after the Member obtains, receives under disclosure procedures, or learns from the Company;
    3. was lawfully obtained by the Member without the confidentiality obligation from a third party that is entitled to provide or disclose the information;
    4. was developed by the Member independently from the Confidential Information; or
    5. has been confirmed by the Company in writing as not confidential.
  2. The Member shall use the Confidential Information only for the purpose of using the Services and shall not provide, disclose, or divulge the Company’s Confidential Information to a third party without the Company’s written consent.
  3. Notwithstanding the provision of Paragraph 2, the Member may disclose the Confidential Information under the laws or based on any orders, demands, or requests of any court or governmental agencies. However, if the order, demand, or request is made, the Member must notify the Company of that effect promptly.
  4. If the Member duplicates any documents or magnetic recording medium that include the Confidential Information, the Member shall obtain a prior consent of the Company in writing and strictly manage the duplicates pursuant to Paragraph 2.
  5. If at any time the Company makes a request, the Member must follow the Company’s instructions without delay and return or destroy of any documents and other record media that include the Confidential Information and all duplicates thereof.
Article 8 Personal information
  1. The Member must register with the Company any information designated by the Company.
  2. The Company may use the Member’s personal information in order to
    1. let the Member use the Services smoothly;
    2. create statistical data concerning the use of the Services;
    3. implement inquiry surveys concerning the Services that are currently provided or considered to be provided in the future;
    4. handle inquiries from the Member;
    5. notify by email or through other means any information on the Services or other services of the Company or any advertisement information placed by an entity other than the Member;
    6. plan and provide new projects concerning the future Services;
    7. make inliidual proposals concerning the Services to each of the Member;
    8. implement campaign lottery and send any products and presents;
    9. confirm identification when the Member makes inquiries to the Company; and
    10. make other communication as necessary, such as important notices concerning the Services.
    In addition to those provided in the preceding paragraph, the Company shall handle the Member’s personal information pursuant to the Company’s Privacy Policy, and the Member shall agree thereto in advance.
Article 9 No transfer of rights or obligations

Without the Company’s prior consent in writing, the Member may not transfer, assign, create a security interest in, or otherwise dispose of the rights or obligations or contractual status under these Terms of Service to any third party.

Article 10 Elimination of antisocial forces
  1. The Members shall represent and undertake that they do not and will not constitute any antisocial forces.
  2. The Members shall represent and undertake that they do not and will not have any relationships with any antisocial forces referred in the preceding paragraph in which
    1. the antisocial forces control the Member’s management;
    2. the antisocial forces substantially engage in the Member’s management;
    3. it is determined that the Member uses the antisocial forces (e.g. any antisocial forces serve as executive or regular employees or advisers of the Member or the Member requests or consults with any antisocial forces to solve any dispute);
    4. the Member provides funds or favors to the antisocial forces; or
    5. someone who is an executive or regular employee at the Member or substantially engages in the management of the Member has socially criticized relationships with the antisocial forces.
    The Members shall represent and undertake that they do not conduct or use a third party to
    1. engage in violent acts or demands;
    2. make unfair demands exceeding legal responsibility;
    3. make threatening or violent acts in the context of transactions;
    4. spread false information and use fraudulent means or force to discredit the Company or interfere the Company’s work; or
    5. engage in any other acts equivalent to the items above.
    If it is revealed that the Member does not satisfy any of the paragraphs above, or if this representation and undertakings are found to be a false declaration, the Company may reject the registration of the Member or cancel the membership of the Member. Even if these measures against the Member cause the Member any damage, the Company shall not be liable thereto.
Article 11 Compensation

If the Company pays any compensation to the Member for providing the Videos, the compensation shall be stipulated separately by the Company in a Terms and Conditions for registered Videos.

Article 12 Cancellation of membership
  1. The Member may cancel membership by following the procedures specified by the Company.
  2. If the Member dies or there are other events that make it impossible for the Member to use the qualification as a Member, the Company may deem that the Member has cancelled the membership as of the occurrence of the event and deactivate the Member’s email address and password set up on the Services.
Article 13 Breach of these Terms of Service
  1. The Company may suspend the Member’s qualification or terminate these Terms of Service or any contracts accompanying thereto without any prior notice or demand to the Member if
    1. the member breaches these Terms of Service or any other contracts accompanying thereto;
    2. any of the information used at the registration of the Member or amended after becoming the Member includes false or fraud;
    3. the Company determines that the Member or any of its officers or employees currently or used to engage with armed gangs;
    4. the Company cannot contact the Member; or
    5. otherwise the Company determines the Member as inappropriate as a member.
  2. The Company shall never be liable for any damage caused by the Company’s measures in the preceding paragraph to the Member.
Article 14 Rights and obligations after cancellation of membership
  1. Even after the Member’s membership is cancelled, the license for the Videos actually used by the Company, among those provided by the Member before the cancellation of membership, shall survive pursuant to the conditions of these Terms of Service.
  2. Unless otherwise stipulated in these terms of Service or any other individual contracts, even if there remains any amount payable by the Company to the Member as of the cancellation of the membership, the Member cannot receive any payment thereof after the cancellation of the membership. Furthermore, even after the cancellation of the membership of the Member, no compensation concerning the Videos shall arise, and the Company shall not be liable to make any payment or provide any articles to the Member.
  3. Even if the contract between the Member and the Company under these Terms of Service is terminated as a result of the cancellation of the Member’s membership or other events, Article 5 (License), Article 6 (Representations and warranties), Article 7 (Confidentiality), Article 8 (Personal information), Article 9 (No transfer of rights or obligations), this Article, Article 20 (Severability), Article 21 (Governing law), and Article 22 (Jurisdiction) shall continue effectively.
Article 15 Damage compensation
  1. If the Company suffers any damage due to the Member’s breach of these Terms of Service or in relation to the use of the Services, the Member must compensate the damage.
  2. The Company shall never be liable for any damage that may be suffered by the Member in relation to the Services and registration of the Videos. Furthermore, notwithstanding this paragraph or any provisions that exempt the Company from liability for damages, even if the Company is liable for damage compensation against the Member due to application of the Consumer Contract Act or other reasons, the Company’s liability shall be up to JPY 1,000.
Article 16 Communication method
  1. The Company’s communication to the Member shall be conducted through posting on appropriate location on the website operated by the Company, emails, push notifications, or other means determined appropriate by the Company.
  2. If the Company makes a notification by sending emails, the notification, which is sent to the email address that the Member has registered, shall be considered as delivered at the time when it should be usually delivered.
  3. Any inquiries concerning the Services and other communications and notifications from the Member to the Company shall be made by sending an inquiry form placed at an appropriate location on the website operated by the Company or other methods designated by the Company.
Article 17 Suspension of the Services
  1. The Company may suspend all or part of the Services without any prior notification to the Member if
      any maintenance or inspection of the devices or systems for providing the Services is performed;
      computers or communication lines stop because of accidents;
      it becomes difficult to operate the Services because of fire, blackout, earthquake, natural disaster, system failure, or other events; or
      otherwise the Company determines that the suspension is required.
  2. The Company shall never be liable for any damage that may be suffered by the Member due to the suspension of the Services under this Article.
Article 18 Change of the contents or termination of the Services
  1. The Company may change the contents of the Services or terminate to provide the Services at any time at the convenience of the Company.
  2. The Company shall never be liable for any damage that may be suffered by the Member due to the measures conducted by the Company under this Article.
Article 19 Amendment of these Terms of Service

When the Company determines necessary, it may amend these Terms of Service by notification to the Member or announcing on the Services. If these Terms of Service is amended, all matters concerning the Services shall be subject to the altered version of these Terms of Service.

Article 20 Severability

Even if any of the provisions of these Terms of Service or part thereof is held invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms of Service and the remaining part of the provision part of which is held invalid or unenforceable shall remain in full force.

Article 21 Governing law

The official text of these Terms of Service shall be the Japanese version, and these Terms of Service shall be governed by the laws of Japan.

Article 22 jurisdiction

The Tokyo District Court shall have exclusive jurisdiction as the court of first instance with respect to any disputes arising out of or relating to these Terms of Service.

These Terms of Service was established on June 12, 2017.