Terms and Conditions
1. (Purpose)
1. This Terms of Use (hereinafter referred to as "the Terms") applies to users (hereinafter referred to as "Users") of "witties" (hereinafter referred to as "the Service") operated by Candy Corporation (hereinafter referred to as "the Company"). Users agree to these Terms when using the Service.
2. These Terms set forth the conditions for using the Service. All users who register for the Service must comply with these Terms and use the Service according to the conditions stipulated herein, based on factors such as age and usage environment.
3. By agreeing to these Terms, a contract (as defined in Article 2) is established between the User and the Company.
2. (Definitions)
The following terms used in these Terms shall have the meanings as defined in each of the following items.
1. "This Contract": Refers to the service usage agreement concluded between the Company and the User under the terms and conditions of these Terms.
2. "User": Refers to any individual who has registered as a user of the Service.
3. "User Information": Refers to the ID and password of the user registered for the Service.
4. "Communication Devices": Refers to smartphones, tablets, and computer devices.
5. "Bookmark": Refers to content copied and saved by the user to the Service from publicly available web media, white papers, academic papers, videos, or other media on the internet, regardless of format.
6. "Group": Refers to a collective formed by users within the Service.
7. "Comment": Refers to messages such as user opinions or impressions about a bookmark within a group on the Service.
3. (User Registration)
The following terms used in these Terms shall have the meanings as defined in each of the following items.
1. Individuals who wish to become users of the Service must agree to the content of these Terms and complete the user registration process as specified by the Company.
2. Users are obligated to promptly update their registration information if any changes occur to the information registered in accordance with the preceding paragraph.
3. The Company reserves the right to refuse registration or re-registration if the applicant falls under any of the following conditions, and the Company is under no obligation to disclose the reasons for such refusal.
(1) If any part or all of the registration information provided to the Company is false, inaccurate, or incomplete.
(2) If the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained the consent of their legal representative, guardian, curator, or assistant.
(3) If the applicant is a member of an anti-social force (meaning organized crime groups, members of organized crime groups, right-wing organizations, anti-social forces, or any equivalent entities; the same applies hereafter), or if the Company determines that the applicant is engaged in any form of interaction or involvement with anti-social forces, such as cooperating or being involved in the maintenance, operation, or management of anti-social forces through funding or other means.
(4) If the Company determines that the applicant has previously violated a contract with the Company or is related to such a person.
(5) If the Company determines that the registration is otherwise inappropriate.
4. (Management of User ID and Password)
1. Users must strictly manage their User ID and password related to the Service to prevent unauthorized use by third parties, and do so at their own responsibility.
2. Any actions taken on the Service using the User ID and password will be regarded as actions taken by the User.
3. The Company assumes no responsibility for any damages arising from insufficient management of the User ID and password.
4. Users are not allowed to lend, transfer, sell, pledge, or otherwise allow third parties to use their account on the Service.
5. (Content of the Service)
The Service allows users to save bookmarks and leave comments within groups.
6. (Usage Fees)
1. The basic use of the Service is free of charge for users.
2. Details regarding paid users will be communicated by the Company through the methods it specifies.
7. (Management of User Information and Communication Devices)
1. Users are responsible for providing, at their own cost and responsibility, all equipment, communication methods, and transportation means necessary to receive the Service. Additionally, any communication costs incurred in using the Service are solely the responsibility of the User.
2. Users are responsible for managing their User Information and communication devices. Users are liable for any damages resulting from inadequate management, misuse, or use by third parties, and the Company assumes no responsibility unless the damage is caused by the Company's intentional misconduct or negligence.
3. If there is a possibility that a third party may use the User Information or communication devices, the User must immediately notify the Company and follow any instructions provided by the Company.
4. Users are not allowed to allow, lend, transfer, sell, or pledge their account on the Service to third parties.
8. (Conditions for Providing the Service)
1. The Company may suspend or modify the Service without prior notice to the User in cases of maintenance, accidents, disasters, pandemics, or when reasonably deemed necessary.
2. In the event described in the preceding paragraph, even if the User suffers any disadvantage or damage, the Company shall not be held liable for compensation or any legal responsibility.
9. (Intellectual Property Rights, etc.)
1. When a User performs any posting activity (hereinafter referred to as "Posts, etc.") on the Service, including bookmarks, comments, or any other actions, the User agrees to grant the Company the right to use, free of charge and without limitation, all copyrights (including the rights specified in Articles 27 and 28 of the Copyright Act) related to the content posted, in whole or in part, regardless of whether the content is copyrighted.
2. Users may not reproduce, reprint, publicly transmit, modify, or otherwise use any and all information and content provided in the Service (hereinafter collectively referred to as "Company Content") beyond the scope of private use as defined by copyright law, regardless of the method or form.
3. All intellectual property rights, including copyrights, patent rights, utility model rights, trademark rights, design rights, and other rights related to Company Content, as well as the rights to register such rights (hereinafter collectively referred to as "Intellectual Property Rights"), belong to the Company or its licensors from whom the Company has obtained a license, and do not belong to the User. Furthermore, regardless of the existence of Intellectual Property Rights, Users may not reproduce, distribute, reprint, transfer, publicly transmit, modify, adapt, or engage in any other secondary use of Company Content.
4. If any issues arise due to a User's violation of laws or the provisions of this article, the User must resolve the issue at their own cost and responsibility, and take appropriate measures to ensure that the Company does not incur any disadvantage, burden, or damage.
5. Users shall not exercise moral rights of authorship (including the right of disclosure, the right to have their name indicated, and the right to integrity) with respect to any part of the content that may qualify as a copyrighted work against the Company, any third parties who have legitimately obtained rights from the Company, and anyone who has inherited rights from such third parties.
10. (Prohibited Actions)
1. The Company prohibits the following actions by Users in connection with their use of the Service.
(1) Actions that violate these Terms.
(2) Actions that infringe upon the intellectual property rights, patent rights, utility model rights, design rights, trademark rights, copyright, portrait rights, or other property or personal rights of the Company, its licensors, or any third parties, or actions that may potentially infringe upon such rights, as well as actions that cause or may cause disadvantage or damage to the Company or third parties.
(3) Actions that unjustly harm or may harm the honor, rights, or reputation of others.
(4) Actions that violate laws or regulations.
(5) Actions that contravene public order and morals or may contravene public order and morals, or providing information that may violate public order and morals to other users or third parties.
(6) Actions that constitute a crime, actions that may lead to criminal acts, or actions that promote such conduct or may do so.
(7) Providing information that is false or may be false.
(8) Unauthorized access to the Company's systems, tampering with program codes, altering location information, intentionally providing false information, engaging in cheating behaviors using communication device specifications or other applications, distributing computer viruses, or any actions that hinder the normal operation of the Service or may do so.
(9) Using macros, automation features, tools, or similar methods.
(10) Actions that damage or may damage the credibility of the Service.
(11) Actions that may adversely affect the mental and physical well-being and healthy development of minors.
(12) Using another user's account or any other means to impersonate a third party in utilizing the Service.
(13) Any other actions that the Company deems inappropriate.
2. If the Company determines that a User's actions fall under any of the items in the preceding paragraph, the Company may take any or all of the following measures without prior notice.
(1) Restrictions on the use of the Service.
(2) Termination of this Contract and cancellation of membership.
(3) Deletion or making private of the User's posts, etc.
(4) Any other actions that the Company deems necessary and reasonable.
11. (Termination)
1. The Company may terminate this Contract and cancel the User's membership without any notice if the User falls under any of the following conditions.
(1) If the registration information contains false information.
(2) If the User has previously been subjected to cancellation of membership by the Company.
(3) If there is no response to the Company's communication within seven days.
2. If the Company receives notice from the User's heirs or others regarding the User's death, or if the Company is able to confirm the fact of the User's death.
3. If a minor uses the Service without the consent of their legal representative.
4. If an adult ward, a person under curatorship, or a person under assistance uses the Service without the consent of their legal guardian, curator, or assistant.
5. If the User does not respond in good faith to requests from the Company.
6. If the Company determines that the User is otherwise inappropriate as a User.
7. In addition to the cases listed in the preceding paragraphs, the Company may terminate this Contract and cancel the User's membership by providing 30 days' prior notice to the User. Additionally, if a User wishes to cancel their membership, they may terminate this Contract and cancel their membership at the end of the month by following the cancellation procedures specified by the Company.
8. Users who are canceled under the measures in paragraphs 1 and 2 shall lose the benefit of any deadlines upon cancellation and shall immediately fulfill all obligations owed to the Company.
12. (Disclaimer and Limitation of Liability)
1. The Company makes no guarantees regarding the completeness, accuracy, or effectiveness of the content of the Service. Additionally, the Company does not guarantee that there will be no interruptions, suspensions, or other issues with the Service.
2. When using the Service, Users may transition to other services operated by third parties related to the Service (hereinafter referred to as "External Services"). In such cases, Users shall use the Service and External Services at their own risk and responsibility, agreeing to the terms of use and other conditions of the External Services. The Company makes no guarantees regarding the completeness, accuracy, or effectiveness of the content of the External Services.
3. The Company shall not be held liable for any damages incurred by the User due to the User's failure to update their registration information.
4. Users must use the Service within the bounds of the law. The Company shall not be held liable for any violations of Japanese or foreign laws by the User in connection with the use of the Service.
5. The Company shall not be held liable for any damages incurred by the User as a result of theft of User Information due to unauthorized access or similar acts, even if such acts were unexpected.
6. The Company shall not be held liable for any failure to perform all or part of this Contract due to natural disasters, earthquakes, fires, strikes, trade stoppages, wars, civil disturbances, outbreaks of infectious diseases, or other force majeure events.
7. The Company shall not be held liable for any disputes between Users (whether inside or outside the Service) arising from the use of the Service, and such disputes shall be resolved by the Users at their own cost and responsibility.
13. (Liability for Damages)
1. If a User causes damage to the Company due to a violation of these Terms or in connection with the use of the Service, the User shall compensate the Company for any damages incurred (including lost profits and legal fees).
2. Except as provided in the following paragraph, notwithstanding any other provisions of these Terms, the Company shall only be liable for damages caused to the User due to the Company's attributable reasons within the limits specified in the following items.
(1) In cases of intentional wrongdoing or gross negligence by the Company: the full amount of the damages.
(2) In cases of ordinary negligence by the Company: only the actual and direct damages that occurred (excluding special damages, lost profits, indirect damages, and legal fees), and shall be limited to the total amount of fees paid by the User for the use of the Service.
3. Notwithstanding the preceding paragraph, if the User is a corporation or an individual using the Service for business purposes, the Company shall not be held liable for any damages incurred by the User in connection with the Service unless the Company is found to be intentionally or grossly negligent. In the event that the Company compensates for damages, the amount shall be limited to the total fees paid for the use of the Service in the one year preceding the date the damages occurred.
14. (Discontinuation of the Service)
1. The Company may discontinue the provision of the Service if it reasonably determines that the Service should be discontinued.
2. In the case described in the preceding paragraph, the Company shall not be held liable for any damages except in cases of intentional wrongdoing or gross negligence by the Company.
15. (Confidentiality)
1. Users and the Company shall strictly and properly manage the confidential information of the other party obtained in connection with the provision of the Service (including know-how related to the Service, information regarding the Company's systems, and all technical or business confidential information) and shall not disclose, provide, or leak such information to any third party (including the Company's affiliates and contractors) without the prior written consent of the other party.
2. The following types of information shall not be considered confidential information:
(1) Information that was already in the possession of the receiving party at the time of disclosure.
(2) Information that was already public knowledge at the time of disclosure or that became public knowledge thereafter due to reasons not attributable to the receiving party.
(3) Information lawfully obtained from a third party after the disclosure.
(4) Information independently developed or created without reference to the disclosed confidential information.
(5) Information requested for disclosure pursuant to legal provisions or court orders.
3. Users and the Company shall promptly return or dispose of the confidential information, restoring it to its original state, in accordance with the other party's instructions upon request or upon the termination of this Contract, and shall not use the confidential information thereafter.
4. The Company shall not be held liable for the handling of the User's confidential information by any of the Company's affiliates or contractors if the Company discloses the User's confidential information with the User's consent.
5. The Company may use the User's confidential information for the purpose of providing the Service.
16. (Exclusion of Anti-Social Forces)
1. Users and the Company represent that they are not currently, nor will they in the future be, members of organized crime groups, including but not limited to organized crime group members, individuals who have ceased to be members within the last five years, quasi-member affiliates, organized crime-related companies, corporate extortionists, and other individuals resembling these categories (hereinafter collectively referred to as "Organized Crime Members"). They also guarantee that they do not fall under any of the following categories.
(1) Having a relationship that is recognized as being under the control of Organized Crime Members in management.
(2) Having a relationship that is recognized as being substantially involved in management by Organized Crime Members.
(3) Having a relationship that is recognized as improperly utilizing Organized Crime Members for the purpose of obtaining unjust benefits for oneself, one's company, or a third party, or for the purpose of causing damage to a third party.
(4) Having a relationship that is recognized as being involved in providing funds or other conveniences to Organized Crime Members.
(5) Having a relationship with Organized Crime Members that is socially condemnable for individuals who are executives or substantially involved in management.
2. Users and the Company hereby assure that they will not engage in any of the following acts, either themselves or by utilizing a third party.
(1) Violent demands.
(2) Unreasonable demands that exceed legal responsibilities.
(3) Engaging in threatening behavior or using violence in relation to transactions.
(4) Spreading rumors, using deceitful tactics, or employing force to damage the other party's credibility or obstruct the other party's business.
Any other acts equivalent to the preceding items.
3. If it is determined that either party is a member of organized crime groups or falls under any of the categories in paragraph 1, engages in any acts listed in the preceding paragraph, or makes false statements regarding the representations and warranties in paragraph 1, the other party may terminate this Contract without any notice, regardless of whether the cause is attributable to the other party.
4. Users and the Company acknowledge and agree that, in the event of termination of this Contract under the preceding paragraph, they shall have no obligation to compensate the other party for any damages incurred as a result.
17. (Contact Support)
1. The Company will strive to respond to inquiries from Users regarding the Service; however, except in cases where obligations or responsibilities arise under laws or these Terms, the Company shall not be obligated to provide a response.
2. The Company has no obligation to disclose the criteria for whether or not to respond to inquiries from Users.
18. (Assignment of Rights)
Users may not transfer, assign, pledge, or otherwise dispose of all or part of their position under this Contract or any rights or obligations under these Terms to a third party without the prior written consent of the other party.
19. (Handling of Personal Information)
The handling of personal information in connection with the Service shall be conducted in accordance with the "Privacy Policy" established by the Company.
20. (Severability)
1. If any provision of these Terms is deemed invalid based on laws or regulations, the other provisions of these Terms shall remain valid.
2. Even if any provision of these Terms is deemed invalid or canceled in relation to a specific User, these Terms shall remain valid in relation to other Users.
21. (Measures Against Violations)
1. If a User discovers any actions that violate these Terms, they should contact the Company.
2. Users shall not have the right to contest the Company's measures taken in response to violations of these Terms.
22. (Measures Against Violations)
The term of this Contract shall be from the establishment of the Contract until the User cancels their membership. Additionally, the provisions of Articles 9, 11, paragraph 3, Articles 12 through 14, Article 16, paragraphs 3 and 4, Article 18, Article 20, this article, and Articles 24 and 25 shall remain in effect even after the termination of this Contract.
23. (Amendment of These Terms)
1. The Company may amend these Terms at any time in the event that any of the following conditions apply, in accordance with the provisions of Article 548-4 of the Civil Code. The Contract after the amendment of these Terms shall be governed by the amended Terms.
(1) When the amendment of these Terms is in accordance with the general interest of Users.
(2) When the amendment of these Terms does not contradict the purpose of the Contract, and is reasonable in light of the necessity for the change, the appropriateness of the content after the change, and other circumstances related to the amendment.
2. When the Company makes changes to these Terms, it shall establish the effective date of the amended Terms and notify Users of the content of the amended Terms and the effective date at least two weeks prior through notifications, display on the Service, emails, or other methods specified by the Company.
3. Notwithstanding the provisions of the preceding two paragraphs, if a User utilizes the Service after being informed of the amendments to these Terms in the preceding paragraph, or fails to cancel their membership within the period specified by the Company, the User shall be deemed to have agreed to the amendments to these Terms.
24. (Governing Law)
The governing law concerning these Terms shall be the laws of Japan.
25. (Agreed Jurisdiction)
Any lawsuits between the User and the Company shall be subject to the exclusive jurisdiction of the Osaka District Court as the court of first instance.
26. (Miscellaneous)
1. Users shall comply with any detailed provisions separately established by the Company regarding matters not specified in these Terms. In such cases, those detailed provisions shall be considered an integral part of these Terms.
2. The detailed provisions shall take effect from the time they are published in the locations specified by the Company.
3. In the event of any conflict or inconsistency between the detailed provisions and these Terms, these Terms shall take precedence.
Supplementary Provisions
Effective Date: July 1, 2023
