Terms of Service

These Terms of Service (the “Terms”) set forth the conditions for using the services (the “Services”) provided on this website by 株式会社SEA HORSE (SEA HORSE Co., Ltd., the “Company”). Registered users (“Users”) shall use the Services in accordance with these Terms.

Article 1 (Application)

1. These Terms shall apply to all relationships between Users and the Company concerning the use of the Services.

2. In addition to these Terms, the Company may establish various rules and other provisions concerning the use of the Services (“Individual Provisions”). Regardless of their title, these Individual Provisions shall constitute part of these Terms.

3. If any provision of these Terms conflicts with any Individual Provision referred to in the preceding article, the Individual Provision shall prevail unless otherwise specified in that Individual Provision.

Article 2 (Registration)

1. Registration for the Services shall be completed when an applicant agrees to these Terms, applies for registration using the method prescribed by the Company, and receives the Company’s approval.

2. The Company may decline an application for registration if it determines that any of the following circumstances apply. The Company shall have no obligation to disclose the reason for its decision:

(a) The applicant has submitted false information when applying for registration.
(b) The applicant has previously violated these Terms.
(c) The Company otherwise determines that registration would be inappropriate.

Article 3 (Management of User IDs and Passwords)

1. Users shall be responsible for appropriately managing their User IDs and passwords for the Services.

2. Users shall not, under any circumstances, transfer or lend their User IDs or passwords to any third party, or share them with any third party. If a login is made using a combination of a User ID and password that matches the registered information, the Company shall deem the use to have been made by the User to whom that User ID is registered.

3. The Company shall not be liable for any damage arising from the use of a User ID or password by a third party, except where such damage results from the Company’s intentional misconduct or gross negligence.

Article 4 (Fees and Payment Methods)

1. Users shall pay the fees separately determined by the Company and displayed on this website for paid portions of the Services, using the payment method designated by the Company.

2. If a User is late in paying any fees, the User shall pay late-payment damages at an annual rate of 14.6%.

Article 5 (Prohibited Conduct)

When using the Services, Users shall not engage in any of the following:

(a) Acts that violate laws or regulations, or public order and morals.
(b) Acts related to criminal activity.
(c) Acts that infringe copyrights, trademark rights or other intellectual property rights included in the Services or their content.
(d) Acts that destroy or interfere with the functionality of servers or networks belonging to the Company, other Users or third parties.
(e) Commercial use of information obtained through the Services.
(f) Acts that may interfere with the operation of the Company’s services.
(g) Unauthorized access or attempts to gain unauthorized access.
(h) Collection or accumulation of personal information or other information concerning other Users.
(i) Use of the Services for an improper purpose.
(j) Acts that cause disadvantage, damage or discomfort to other Users or third parties.
(k) Impersonation of another User.
(l) Advertising, promotion, solicitation or business activities through the Services without the Company’s permission.
(m) Acts intended to arrange encounters with previously unacquainted persons of the opposite sex.
(n) Directly or indirectly providing benefits to antisocial forces in connection with the Company’s services.
(o) Any other acts that the Company deems inappropriate.

Article 6 (Suspension or Interruption of the Services)

1. The Company may suspend or interrupt all or part of the Services without prior notice to Users if it determines that any of the following circumstances apply:

(a) Maintenance, inspection or updating of computer systems relating to the Services is required.
(b) Providing the Services becomes difficult due to force majeure, including earthquakes, lightning, fire, power outages or natural disasters.
(c) Computers, communication lines or similar infrastructure cease operating due to an accident.
(d) The Company otherwise determines that providing the Services is difficult.

2. The Company shall not be liable for any disadvantage or damage suffered by Users or third parties as a result of the suspension or interruption of the Services.

Article 7 (Restrictions on Use and Cancellation of Registration)

1. If any of the following circumstances apply to a User, the Company may, without prior notice, restrict that User’s use of all or part of the Services or cancel the User’s registration:

(a) The User violates any provision of these Terms.
(b) Any registered information is found to be false.
(c) The User fails to fulfill payment obligations, including payment of fees.
(d) The User fails to respond to communications from the Company for a certain period.
(e) The User has not used the Services for a certain period since their last use.
(f) The Company otherwise determines that the User’s use of the Services is inappropriate.

2. The Company shall not be liable for any damage suffered by a User as a result of actions taken by the Company under this Article.

Article 8 (Withdrawal)

Users may withdraw from the Services by following the withdrawal procedure prescribed by the Company.

Article 9 (Disclaimer of Warranties and Limitation of Liability)

1. The Company makes no express or implied warranty that the Services are free from factual or legal defects, including defects relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose or security, as well as errors, bugs or infringement of rights.

2. The Company shall not be liable for any damage suffered by Users arising from the Services, except where such damage results from the Company’s intentional misconduct or gross negligence. However, this disclaimer shall not apply where the agreement between the Company and a User concerning the Services, including these Terms, constitutes a consumer contract under Japan’s Consumer Contract Act.

3. Even where the proviso in the preceding paragraph applies, the Company shall not be liable for damage arising from special circumstances caused by a breach of contract or tort resulting from the Company’s negligence, excluding gross negligence, including cases where the Company or the User foresaw or could have foreseen the occurrence of such damage. In addition, compensation for damage suffered by a User due to a breach of contract or tort resulting from the Company’s negligence, excluding gross negligence, shall be limited to the amount of fees received from that User during the month in which the damage occurred.

4. The Company shall not be liable for any transactions, communications, disputes or other matters arising between a User and other Users or third parties in connection with the Services.

Article 10 (Changes to the Services)

The Company may change, add to or discontinue the content of the Services by giving Users advance notice, and Users agree to such changes.

Article 11 (Changes to These Terms)

1. The Company may change these Terms without obtaining the individual consent of Users in either of the following circumstances:

(a) The changes are consistent with the general interests of Users.
(b) The changes do not conflict with the purpose of the agreement for use of the Services and are reasonable in light of the necessity of the changes, the appropriateness of the revised provisions and other circumstances relating to the changes.

2. Before making changes under the preceding paragraph, the Company shall notify Users that these Terms will be changed, provide the revised Terms and specify when the changes will take effect.

Article 12 (Handling of Personal Information)

The Company shall appropriately handle personal information obtained through the use of the Services in accordance with its Privacy Policy.

Article 13 (Notices and Communications)

Notices and communications between Users and the Company shall be made using the method prescribed by the Company. Unless a User submits a change notification using the method separately prescribed by the Company, the Company shall deem the currently registered contact information to be valid and shall send notices or communications to that contact information. Such notices or communications shall be deemed to have reached the User at the time they are sent.

Article 14 (Prohibition on Assignment of Rights and Obligations)

Users shall not assign their status under the agreement for use of the Services, or any rights or obligations under these Terms, to any third party, or pledge them as collateral, without the Company’s prior written consent.

Article 15 (Governing Law and Jurisdiction)

1. These Terms shall be interpreted in accordance with the laws of Japan.

2. Any dispute arising in connection with the Services shall be subject to the exclusive agreed jurisdiction of the court having jurisdiction over the location of the Company’s head office.