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TERMS OF USE

IMPORTANT NOTICE REGARDING THIS ENGLISH-LANGUAGE TRANSLATION: The following is a translation of the official Terms of Use of this site which is written in Japanese. It is intended only to be a guideline to the contents of the original Japanese Terms of Use for non-Japanese speaking users of this site. It is not a complete and definitive translation of the original Terms of Use and therefore only the original Japanese Terms of Use should used for determining the specific legal contractual obligations and policies regarding usage of this site.

This Terms of Use Agreement details the rules by which users of the digmeout.net web site (hereafter "site," or "service") are required to abide by while using the services regarding artists provided by this site which is run and managed by FM 802 Co., Ltd. (hereafter "this company," "we," or "our").

The contents of this Terms of Use Agreement are subject to change at any time without advance notice, but we are unable to contact all users when changes are made so users are asked to check this page for updates periodically.

1. PURPOSE

This site exists for the purpose of providing a place on the Internet where artists can meet and have exchanges with each other.

2. USERS

  1. "Users" are defined as individuals who accept the Terms of Use outlined here and utilize the services provided on this web site.
  2. Within the definition of "users," we include users who use the site to present artistic works (hereafter "artists") and users who use the site to view these artistic works (hereafter "users").
  3. Within the general service this web site provides, when other separate services are offered with their own regulations regarding usage, users will agree to abide by the regulations specified by the administrators of those services.
  4. Users of this service shall not engage in any acts that are a nuisance or injurious to other users, negatively affect the running of this service, or offend against public order and decency.
  5. Users may face legal action for copyright violations if the contents of this site (information, data,documents, software, music, sounds,photos, images, video, etc.) are republished, reproduced, stored,transferred, quoted, or modified without permission.
  6. Users will not post or display anything that is considered illegal,violates the intellectual property rights of other users (patents,utility model rights, copyrights, and trademarks), violates the rights of others, threatens or intimidates, causes financial or psychological damage to others, damages the reputation of others, violates the privacy of others, libels others, is obscene or vulgar, is demeaning, uses
    abusive language, or has moral or ethical issues.
  7. This service assumes no liability or responsibility for the equipment, software, and Internet connectivity which users utilize to use this service. As such, we will not provide any support or assistance with the use of or trouble regarding such equipment or services.

We do not provide any guarantees or warranties regarding the reliability, authenticity, or legality of any of the contents posted or displayed on this site. However, we may at any time delete or modify contents as we see fit. We maintain the right to delete any contents in violation of this Terms of Use or any contents that we deem inappropriate for our site. Users of this service must determine the reliability, authenticity, and legality of the contents for themselves
and assume all responsibility for the use of these contents.

3. ACCOUNTS

  1. The user ID, password, and other information particular to a site user (hereafter "account") will be strictly managed and will not be transferred or sold to other organizations or companies.
  2. Users should promptly report the loss of their account information,disuse of their accounts, or discovery of other users' accounts to us.
  3. We reserve the right to cancel accounts which have been inactive for a predetermined amount of time.
  4. If a user's account information is believed to have been leaked or stolen by another user or users, to protect the security of our users we will notify the affected user, cancel the account, and have the user re-register for the service.
  5. In addition to the reasons listed in #4 above, we may cancel an existing account and request a user to re-register in order to improve operations of our service.
  6. We assume no liability for the disclosure or misuse of accounts and any resulting damages.

4. REGISTRATION POLICIES

  1. Users agree to promptly report any changes in their account information, address, or other information registered with this service.
  2. Users understand and give consent to us for the use of the address and e-mail address registered with this service for notifications,direct mail, etc.

5. RESPONSIBILITIES OF USERS

  1. Users shall not engage in the following acts:
    1. Falsify or alter information gained from this site.
    2. Send or post malicious computer code or programs.
    3. Illicit use of another user's account.
    4. Interfere or interrupt the running of this service.
    5. Slander, defame, or damage the reputation of us or others.
    6. Violate others' property or privacy.
    7. Infringe on copyright, trademark, or other intellectual property rights of others.
    8. Display or transmit obscene documents or drawings.
    9. Engage in actions that are prejudicial to public morals or illegal.
    10. Other actions deemed inappropriate by us.
  2. We have set procedures and security practices which are followed when users send orders (hereafter "orders") to us for artists' goods or services. We are not responsible for any losses or damages incurred when these procedures are not followed.

6. USER ELIGIBILITY - SUSPENSION / CANCELLATION

  1. We reserve the right to suspend or cancel users' privileges to use this service for any of the following reasons:
    1. Acts outlined in #5. Responsibilities of Users above.
    2. False information was used to register with this service.
    3. Neglecting obligations to the artists or us.
    4. Discovery of previous infractions of this sites rules that led to account cancelation.
    5. Other infractions regarding the Terms of Use.
  2. In the case of account cancelation, a user must promptly pay all outstanding debts and obligations to us.

7. LIABILITY OF USERS

  1. All risk regarding the quality of service and results of using this service are assumed by the users.
  2. This company and its employees assume no liability for any damages,collateral damages, or incidental damages from the use of this site,
    inability to use this site, data loss, or loss of profits by users or others under any circumstances.
  3. If users of this service incur damages with other parties, the full responsibility and liability will rest with the concerned parties and/or artists involved.

8. RELATIONSHIP BETWEEN ARTISTS AND USERS

  1. We will provide user information to artists as part of the various services offered on the site.
  2. If artists receive claims regarding services provided on this site or have disputes with users on this site, we should be immediately contacted regarding the details of the claim and the actions taken to resolve the dispute promptly. Depending on the nature of the claim dispute, we may make changes to various services provided and expect artists to promptly implement such changes when they are released.
  3. When artists receive claims such as outlined in #2 above and there are requests for returns, appropriate actions should be taken quickly to deal with the claims.

9. NOTICES

  1. If it is deemed necessary to contact users of this service, we will try to contact users with the e-mail addresses, information provide in web page postings, or telephone numbers provided to us previously by users. In case of communications failures or other unavoidablecircumstances, we will use other means of communication.
  2. When we send e-mails to users, we consider e-mail to be delivered when it reaches the mail server of the user. However, special rules during registration and the proviso of the preceding paragraph will be excluded.
  3. As a matter of policy, we do not accept phone calls or in-person visits from users.

10. SECURITY

Users will abide by the Privacy Policy which is detailed on another page on this site.

11. DELETION

We do not review or manage the information posted by artists or otherusers of this site, but we do reserve the right to reject, edit, move,or delete contents at our discretion. If we determine that activities inviolation of the Terms of Use or the spirit of the terms of use has beencommitted, or if other users rights have been violated or there was anintention to violate the rights of others, we reserve the right todelete the offending material without contacting the user. We alsoreserve the right to delete accounts that have not been used for apredetermined period of time.

12. LIMITATIONS OF LIABILITY

  1. In cases where users have claims against artists or this company hasclaims against artists, or when disputes arise between artists andusers, the parties involved should accept full responsibility to act ingood faith and resolve disputes promptly without causing trouble orexpense to this company. If this company suffers any damage, theresponsible party or parties will be required to compensate us.
  2. We make all efforts to run this service without any problems, we willnot be responsible for any damages users may suffer in cases where thereare interruptions or suspension of service.
  3. If this company deems it necessary, this service may be terminatedand it is accepted that we have users' consent to change content at ourdiscretion. When there are notices regarding these Terms of Use viae-mail or this site, users should confirm the details of the changes made.
  4. We are not responsible for Internet connectivity issues or any otherreasons users may not be able to access and use this service.
  5. We are not responsible for any loss or damage to users' computerhardware or software, infection by computer viruses, or data loss whiledownloading or using services on this site.
  6. We are not responsible for any other damages that users may sufferwhile using this service.

13. INTELLECTUAL PROPERTY RIGHTS

  1. The intellectual property rights (ownership rights, trademarks,copyrights, publicity rights, etc.) for this site and all of theindividual works, photos, text passages (all to be referred to as"contents" from hereon) belong to this company or the users.
  2. Users are prohibited from actions which infringe on intellectualproperty rights including reproducing, communication to the public,modification, mutilation, or republication of contents without theconsent of this company or the original contents creator.
  3. Erasure of accounts or legal action may be taken against users whocommit any of the violations outlined above.
  4. In cases where intellectual property rights have been violated asoutlined here and a dispute arises with either the creator or otherparties, users are responsible to settle dispute assuming all liabilityand expenses without causing trouble expense for this company.

We respect the intellectual property rights of outside parties andstrive to have users also respect the intellectual property rights ofoutside parties, however, in the unlikely event that an intellectualproperty rights violation has been deemed to have occurred, please sendthe following information to digmeout staff:

  1. Your name, address, telephone number, and e-mail address
  2. The copyright holder's name, address, telephone number, and e-mailaddress
  3. In cases where the applicant is not the copyright holder, anexplanation detailing the copyright holder's legal representative'sright to act on behalf of the copyright holder
  4. Explanation of the contents involved in the alleged intellectualproperty rights violation
  5. Location of the contents involved in the alleged intellectualproperty rights violation
  6. Explanation for the legal basis for the allegations of intellectualproperty rights violation

We cannot offer any warranties regarding actions to be taken even if allof the information listed above is sent to us.

14. CONSULTATION

In cases where there is uncertainty regarding the interpretation of therules outlined in this Terms of Use, the user and this company will makean effort to confer and reach a resolution in good faith.??

15. INDEMNITY

  1. This company assumes no responsible for any damages suffered by userswhile using this service.
  2. In cases where users incur damages against outside parties whileusing this site, users will assume complete responsibility for liabilityand expenses incurred while seeking a resolution to the dispute andavoiding damages to this company in the process. If users violate theTerms of Use or commit inappropriate or illegal acts and incur chargesto this company, we reserve the right to bill the user for commensuratereparations.

16. GOVERNING LAWS, JURISDICTION

The Terms of Use and the user's agreement to abide by them are governedby Japanese law. If a dispute arises between this company and users, theKyoto District Court will have exclusive jurisdiction.

17. ENACTMENT OF TERMS OF USE

These Terms of Use will take effect on February 20, 2008 and will applyto all users of this service.

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