TERMS OF USE

  1. Article 1. Terms and Conditions of Membership

    1.Clave LLC (hereinafter called “Company”) hereby stipulates membership terms and conditions (hereinafter called the “Terms of Use”) and provides “Deepfakes Web β” (hereinafter called the “Services”) operated by Company to members of Deepfakes Web β (hereinafter called “Member”) in accordance with the Terms of Use.
    2.Company may stipulate an individual terms and conditions (hereinafter called the “Individual Terms”) for each individual service out of the Services in addition to the Terms of Use. If there is any difference or discrepancy between any provision of the Terms of Use and any corresponding provision of the Individual Terms, the provision of the Individual Terms shall apply, prevailing over the provision of the Terms of Use.
    3.Unless otherwise specified herein, the Individual Terms, Help/Guide pages of the Services and other pages to explain the Services shall also constitute part of the Terms of Use, and all of them shall be collectively called the “Terms of Use”.
    4.Member shall use the Services after agreeing to the provisions set forth in the Terms of Use.

  2. Article 2. Change to the Terms of Use

    1.Company may, at any time, make any change to the Terms of Use without giving prior notice to Member if Company considers such change to be necessary.
    2.The changed Terms of Use shall become effective at the time when Company posts or displays them in the Services or on the website operated by Company. If Member uses the Services after such change, such Member shall be deemed to have agreed to such changed Terms of Use.

  3. Article 3. Methods of Notification to and Methods of Communication from Member

    1.Company shall give notice to Member by e-mail, posting it on the website or any other method which Company considers to be appropriate.
    2.In the case of giving notice by e-mail, such notice shall be deemed to have reached Member at the time when Company has sent such notice to such Member.
    3.In the case of posting notice on the website, such notice shall be deemed to have reached Member at the time when such notice has been posted on such website.
    4.Member shall contact Company in accordance with the methods designated by Company.

  4. Article 4. Membership Registration

    1.Any person who desires to use the Services shall register him/herself as Member in accordance with the methods designated by Company.
    2.A minor who desires to register him/herself as Member shall obtain prior approval of his/her legal representative. If a minor has registered him/herself as Member, such minor shall be deemed to have obtained prior approval of his/her legal representative.

  5. Article 5. User ID and Password

    1.Member shall strictly manage his/her User ID and Password under his/her own responsibility. Company shall not be liable for any unauthorized use of such User ID or Password by third parties.
    2.Member shall not cause any third party to use, or transfer, assign, lend or lease to any third party, his/her User ID and Password.
    3.If the Services are used with registered User ID and Password of Member, such Member shall be deemed to have used the Services him/herself. The effect of such use shall belong to such Member.
    4.If Member finds that his/her User ID and Password are known or may be used by any third party, such Member shall immediately notify Company of such fact and follow instructions of Company.

  6. Article 6. No Assignment

    Member shall not assign, transfer, sell, lend or lease to any third party, or cause any third party to succeed to, or license any third party to use, or dispose of in other ways, his/her membership, rights to use the Services based on his/her membership, or his/her rights or obligations as Member.

  7. Article 7. Change to Registration Information

    1.Member shall immediately change his/her registration information if there is a change to his/her e-mail address or any other information registered with Company.
    2.Company shall not be liable for any disadvantage or damage incurred by Member arising from such Member’s failure to change his/her registration information.

  8. Article 8. Withdrawal from Membership

    1.Member who desires to withdraw from the membership of the Services shall conduct necessary procedures by the methods designated by Company.
    2.Member shall lose his/her membership due to such withdrawal and may not use the Services thereafter. Member may not restore his/her lost membership after completion of such withdrawal.
    3.If Member has any pecuniary obligations or other obligations or debts to Company, such Member shall not be released from such obligations or debts by reason of such withdrawal.

  9. Article 9. Usage Environment of Services

    1.Member shall prepare, at his/her own expense and under his/her own responsibility, any terminal, electronic device, communication equipment, software and/or internet connection environment to use the Services.
    2.Member shall bear any and all communications expenses and other expenses arising from his/her use of the Services.
    3.If Member uses the Services via any proxy server or VPN server, etc. such Member may not use the Services in a normal way, as the case may be.

  10. Article 10. Member’s Responsibility

    1.If Member has any dispute with a third party in connection with his/her use of the Services, such Member shall resolve such dispute at his/her own expense and under his/her own responsibility.
    2.If Member gives any damage to a third party in connection with his/her use of the Services, such Member shall compensate such third party for such damage at his/her own expense and under his/her own responsibility.

  11. Article 11. Payment

    1.Member shall pay the price of any product which such Member purchases in the Service by the methods designated by Company.
    2.Member may make any payment for products or services by means of payment provided by credit card service providers or electronic money service providers designated by Company (hereinafter collectively called the “Payment Service Provider”).
    3.In the case of the preceding paragraph, Member shall execute an agreement with the Payment Service Provider in accordance with the terms and conditions stipulated by such Payment Service Provider. If Member has any dispute with the Payment Service Provider, such Member shall resolve such dispute at his/her own expense and under his/her own responsibility. Company shall not be liable for such dispute resolution.
    4.Member may not, for any reason, request Company to reimburse or refund any amount already paid by such Member to Company.

  12. Article 12. Prohibited Acts

    1.Company prohibits Member from performing any of the following acts in using the Services.
    (1)Infringement of copyrights, trademark rights, design rights, patent rights, utility model rights or any other intellectual property rights of Company or any third party;
    (2)Infringement of property rights, portrait rights, publicity rights, personal rights, honor rights or privacy rights of Company or any third party;
    (3)Violation of applicable laws and regulations;
    (4)Criminal acts, acts leading to criminal acts or acts of promoting criminal acts;
    (5)Violation of applicable laws and regulations regulating child pornography, pornography or distribution of obscene materials;
    (6)Posting of false information;
    (7)Placement of excessive burden on servers of Company;
    (8)Interference with operation of the Services;
    (9)Use of the Services for any purposes other than original purpose of provision of the Services;
    (10)Deletion, avoidance or disablement of technical protection means such as security measures or DRM for contents provided in the Services;
    (11)Act of giving disadvantages to Company or any third party;
    (12)Abuse, defamation, threat or harassment against Company or any third party;
    (13)Discrimination or acts of promoting discrimination against any third party;
    (14)Collection and public disclosure of personal information or privacy information of any third party without prior approval of such third party;
    (15)Prior campaign for election, election campaign or acts similar to any of them or violation of the “Public Offices Election Act” of Japan;
    (16)Interference with business operation of Company;
    (17)Registration of false information in the Services;
    (18)Acts prohibited by the Individual Terms; or
    (19)Any other acts which Company considers to be inappropriate.
    2.Company may, at its own discretion, determine whether an act performed by Member falls under any of the prohibited acts set forth in the preceding paragraph or not. Company shall not be liable to Member for accountability for such Company’s determination.
    3.If Company determines that an act performed by Member falls under any of the prohibited acts set forth in the paragraph 1, Company may take all or any of the following measures without giving prior notice to such Member.
    (1)Restrictions on his/her use of the Services;
    (2)Withdrawal from membership by termination of his/her membership registration; and/or
    (3)Any other measures which Company considers to be necessary.
    4.Company shall not be liable for any damage incurred by Member arising from any measure set forth in the preceding paragraph.
    5.Company may claim against Member compensation for any and all damages, losses, expenses and/or costs (including litigation expenses and attorney’s fees) incurred by Company arising from any breach of the Terms of Use made by such Member.

  13. Article 13. Restrictions on Use of Services

    1.In any of the following cases, Company may restrict the use of the Services by Member.
    (1)If the User ID and Password of Member may be used by any third party;
    (2)If the registration information of Member may include any false information;
    (3)If Member delays or may delay any payment for the Services;
    (4)If Company may not contact Member; or
    (5)If Company considers that such restrictions are necessary:
    2.Company shall not be liable for any damages incurred by Member arising from the restrictions set forth in the preceding paragraph.

  14. Article 14. Termination by Company

    1.If Member falls under any of the following events, Company may terminate his/her membership registration and cause such Member to withdraw from the membership of the Services without giving notice to such Member.
    (1)If the registration information of Member includes any false information;
    (2)If Member delays any payment for the Services;
    (3)If the credit standing of Member worsens and Member has difficulty in continuing to make any payment for the Services;
    (4)If Member was forced by Company to withdraw from membership of the Services in the past;
    (5)If a successor or similar person of Member notifies Company of death of such Member, or if Company may confirm that the death of Member is a fact;
    (6)If Company considers that Member falls under any anti-social forces (organized crime group, member or associate member of organized crime group, company related to organized crime group, corporate extortionist, social or political racketeer, special intelligence organized crime group or any other group or person similar to any of them; hereinafter collectively called the “Anti-Social Forces”);
    (7)If any petition for bankruptcy or civil rehabilitation is filed against Member, or if Member files such petition on his/her own;
    (8)If Member is subject to judgement of legal guardianship, curatorship or assistance;
    (9)If Member fails to sincerely respond to any request from Company; or
    (10)Any other event which Company considers to be inappropriate.
    2.Company shall not be liable for any damages incurred by Member arising from the termination set forth in the preceding paragraph.
    3.Member who withdraws from the membership in accordance with the paragraph 1 shall forfeit the benefit of time at the time of such withdrawal and shall immediately perform any and all obligations to Company.
    4.The provisions set forth in the paragraph 2 through the paragraph 3 of the Article 8 shall apply mutatis mutandis to any withdrawal from the membership in accordance with this article.

  15. Article 15. Suspension of Provision of Services

    1.In any of the following events, Company may suspend the provision of the Services to Member.
    (1)If Company maintains or inspects the Services;
    (2)If any accident such as fire or power outage occurs;
    (3)If any emergency situation such as natural disasters occurs;
    (4)If any system or network failure occurs;
    (5)If any inevitable event due to operational reasons of Company occurs; or
    (6)If Company considers that such suspension is necessary for other reasons.
    2.Company shall not be liable for any damages incurred by Member arising from unavailability of the Services due to the suspension set forth in the preceding paragraph.
    3.Notwithstanding the preceding two paragraphs, if the Services are continuously unavailable for seventy-two (72) hours or more for reasons attributable to Company, Company shall compensate for actual damages incurred by Member due to such unavailability in either of the following ways which Company determines at its own discretion. However, Member shall claim compensation against Company with one (1) month from the occurrence of such damages. If Member fails to claim compensation within such period of time, Member shall lose the right of such claim.
    (1)Reduction of the amount equivalent to the compensation for damages from the usage fees for such Services to be paid by such Member after such claim; or
    (2)Grant of the right to use such Services that is equivalent to the amount of such compensation.

  16. Article 16. Change or Addition to or Abolishment of Services

    1.Company may, at any time, make any change (including but not limited to changes to details, specifications or usage fees of the Services or to prices of products sold in the Services) or addition to or abolish all or any part of the Services.
    2.Company shall not be liable to Member for any change, addition or abolishment of all or any part of the Services in accordance with the preceding paragraph.
    3.If Company makes any change or addition to or abolishes all or any important part of the Services, Company shall give prior notice to Member within a reasonable period of time before such change, addition or abolishment, except for in case of emergency or any inevitable case.

  17. Article 17. Disclaimer

    1.Company does not warrant that the Services fit for the particular purposes of Member and that the Services have quality and value which Member expects.
    2.Company does not warrant the completeness, accuracy, certainty, reliability or usefulness of the Services. Company does not warrant that Services are free from any factual or legal defects.
    3.Company shall not be liable for any disadvantage or damage incurred by Member arising from his/her use of the Services.
    4.Company shall not be liable for any disadvantage or damage incurred by Member arising from any unavailability of the Services.
    5.If an agreement between Company and Member in relation to the use of the Services falls under a “consumer contract” under the “Consumer Contract Act” of Japan, the provisions of the Terms of Use relating to complete disclaimer of Company’s liability for damages shall not apply. In such case, if any damage incurred by Member is attributable to default or tort of Company, Company shall compensate such Member for such damage to the extent of the amount already paid by such Member for his/her use of the Services for one (1) month immediately prior to the occurrence of such damage, unless such damage is caused by intent or gross negligence of Company.
    6.With respect to websites managed by third parties out of linked websites placed on the website managed by Company, Company shall not be liable for such third parties’ websites since Company does not manage such websites.

  18. Article 18. Intellectual Property Rights

    1.Any and all intellectual property rights including copyrights, neighboring rights on copyright, trademark rights and design rights of videos, sounds, programs, characters, illustrations, designs, trademarks, logos and any other information (hereinafter collectively called the “Contents”) shall belong to Company or third parties who license Company to use them.
    2.Member shall not perform any acts which may infringe on the rights of Company or third parties in relation to the Contents.

  19. Article 19. Transfer of Business

    If Company transfers its business relating to the Services to any third party, Company may transfer or assign its contractual status as an operator of the Services, its rights and obligations under the Terms of Use, registration information of Member and any other information to such third party as a transferee of such business transfer. Member hereby agrees in advance to the transfer or assignment of his/her membership of the Services, his/her rights and obligations under the Terms of Use, his/her registration information and any other information to such third party.

  20. Article 20. Entrustment of Services

    1.Company may entrust any third party (including third parties located in foreign countries) to perform all or any part of the Services. Member hereby agrees in advance to such entrustment.
    2.In the case of the preceding paragraph, Company may provide personal information of Member to such third party (including third parties located in foreign countries) if Company considers that such provision is necessary. Member hereby agrees in advance to such provision.

  21. Article 21. Assignment of Credits

    1.Member hereby agrees in advance without objection that Company may assign or transfer to any third party (hereinafter called the “Assignee of Credits”) any and all credits which Company has against Member.
    2.In the case of the preceding paragraph, Member hereby agrees in advance without objection that Company may provide the Assignee of Credits with the name, address, phone number and information necessary to claim for the credits in order to use such information for claim for and collection of such assigned credits.
    3.In the case of the paragraph 1, Company and the Assignee of Credits may omit individual notification to Member or claim for approval of assignment or transfer of the credits from Member.

  22. Article 22. Handling of Personal Information

    Company shall handle personal information of Member in accordance with the “Privacy Policy” stipulated by Company.

  23. Article 23. Liability for Damages

    If Member gives any damage to Company in connection with his/her use of the Services, such Member shall compensate Company for such damage.

  24. Article 24. Severability

    If any provision or any part of a provision of the Terms of Use is held by the Consumer Contract Act or any other applicable laws and regulations of Japan to be invalid or unenforceable, the remaining provisions of the Terms of Use shall remain and continue in full force and effect.

  25. Article 25. Governing Law and Exclusive Jurisdiction

    1.The Terms of Use shall be governed by and construed in accordance with the laws of Japan.
    2.Any dispute which may arise between Company and Member arising out of or in relation to or in connection with the Services or the Terms of Use shall be subject to the exclusive competent jurisdiction of the Tokyo District Court of Japan for the first trial.

  26. [Supplementary provisions]
    Revised on September 1, 2019
    Revised on February 14, 2019
    Established and enforced on July 31, 2018