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CELSYS Terms of Service

Introduction

Thank you for using the websites, software and other services (hereinafter "these services") from CELSYS,Inc. (hereinafter "CELSYS"). Usage of these services is subject to the CELSYS Terms of Service (hereinafter "this TOS") below.

This TOS was originally written in Japanese. If there are any discrepancies between this translated TOS and the original Japanese version, the Japanese version shall take precedence. The functions and content provided in the translated version of these services may differ from the original Japanese version.

About This TOS

By using these services, users acknowledge that they agree to this TOS.

Additional terms, guidelines, conditions and rules of use, etc. (hereinafter "policies") may apply due to the wide variety of services we provide. These policies are available along with the related services and are included in the agreement between CELSYS and the user when the user uses these services. Users are required to comply with all terms of service and policies provided with these services.

In the event of a contradiction between this TOS and a policy, the policy shall take precedence over this TOS.

About This Service

・The usage method for this service may vary depending on medium used (website, application, etc.) and terminal (PC, smartphone, etc.). Please use these services in accordance with the methods specified separately by CELSYS.

・Content for this service is posted in accordance with Guidelines About Posting and Behavior (https://www.celsys.com/en/information/post/)

Prohibited Actions

・Registering or providing false information.

・Behavior that violates, laws, ordinances, public order or standards of decency.

・Failing to register or provide required personal information.

・Violation of any rights belonging to another party, including intellectual property rights, right of likeness, or privacy rights.

・Unfair discrimination, defamation, damage to reputation, breach of trust, etc. against another party.

・Discrimination, defamation, inappropriate language, bullying, threats, harassment or any other behavior that causes psychological harm to another party, or that damages the reputation or breaches the trust of another party.

・Advertising or promotional activities, political activities (including election campaigning), religious activities (including proselytizing), solicitation, and recruitment activities for pyramid schemes or multi-level marketing.

・Sending or posting of computer viruses or other malware, sending of spam, unauthorized access and other activities that impair the operations of these services.

・Disclosure of personal information, whether of yourself or a third party, or acquisition of the personal information of a third party through unlawful means.

・Criminal activities or activities that encourage criminal activity.

・Activities that directly or indirectly benefit antisocial forces, or are otherwise related to antisocial forces.

・Activities that are detrimental or damaging to other parties, or that may cause delays to or obstruction of financial obligations.

・Transfer, succession or provision as collateral of all or part of the rights and obligations occurring between CELSYS and the user during use of these services without prior written permission from CELSYS.

・Other activities deemed inappropriate by CELSYS.

CLIP STUDIO ACCOUNT

・A Clip Studio account(https://accounts.clip-studio.com)may be required in order to use these services.

・CELSYS shall identify Clip Studio account holders by an email address and password registered by the user. The user is responsible for managing information registered to their Clip Studio account.

・Clip Studio account cannot be created by an agent, shared, transferred, lent or provided as collateral, and one person cannot hold multiple accounts.

・To protect your Clip Studio account, you are advised not to share your password with other parties. If you notice unauthorized use of your password or account, please contact Celsys User Support(support@celsys.com).

・CELSYS may suspend or terminate a user's Clip Studio account if the user does not comply with this TOS and any policies, or if CELSYS needs to conduct an investigation of suspected unauthorized use.

・CELSYS may send important notifications to the email address registered for the user's Clip Studio account or display them in these services. These notifications shall be valid from the time the email is sent or the notification is displayed in these services. Users are advised to check these carefully.

・The user can delete their Clip Studio account at any time by following the instructions. Once the user's Clip Studio account is deleted, all data and information, such as posted content, will be deleted from these services.

・Users who are 13 years of age or younger must obtain the approval of a legal representative such as a parent or guardian in order to create an account.

・Profile images and nicknames for the Clip Studio account must be set in accordance with Guidelines About Posting and Behavior (https://www.celsys.com/en/information/post/)

・You can start using the Clip Studio Profile service (https://profile.clip-studio.com/) after creating a CLIP Studio account.

Protection of Privacy

CELSYS' Privacy Policy (https://www.celsys.com/en/information/privacy/)details handling of users' personal data and protection of privacy during usage of these services. By using our services, you consent to Celsys using your personal data in accordance with our Privacy Policy and Privacy Statement.

Intellectual Property Rights and Sublicensing

Some of these services allow users to post content.

The user retains intellectual property rights such as copyrights for content they post to these services, but CELSYS shall be granted sub licensing permission for the content within the scope of operation of these services (including processing, conversion, localization, and translation, etc.). Content must be posted to these services in accordance with the Guidelines About Posting and Behavior (https://www.celsys.com/en/information/post/).

All intellectual property rights related to content posted by CELSYS and to features of these services other than the content belong to the respective rights holders, including CELSYS. See Copyrights & Trademarks(https://www.celsys.com/en/information/legal/)for information on CELSYS's rights.

The user cannot use any information or content obtained through this service outside the scope of this TOS or any policies or laws without the consent of the rights holder.

Changes or Termination of These Services

CELSYS is constantly changing and improving these services. CELSYS can add or delete functionality or functions, and may suspend or terminate these services as a whole.

The user can stop using these services at any time. CELSYS can stop providing these services to the user or add restrictions for these services at any time.

In the event that CELSYS suspends or terminates these services, CELSYS shall notify the user as far in advance as possible to give the user the opportunity to obtain information from this service.

Guarantees and Disclaimers

Unless explicitly stipulated in this TOS or any policies, CELSYS makes no specific guarantees about this service within the legal scope. CELSYS makes no promises about the content in these services, specific functions of these services, or these services' reliability, usability or ability to meet users' needs.

CELSYS may review content posted via these services and may delete content or refuse to display it if there is judged to be an issue after the review. However, CELSYS does not necessarily review all content posted to these services.

Responsibilities for These Services

・Where permitted by law, CELSYS accepts no responsibility for lost profits, lost sales, data loss, financial loss, indirect damages, special damages, resultant damages or punitive damages. Users must back up data at their own discretion, responsibility and cost.

・If CELSYS is liable for damage compensation to the user, CELSYS shall pay a sum of up to 10,000 yen (unless otherwise stipulated) according to the scope of direct, real damage that occurred. However, this sum may be exceeded in cases of deliberate damage or gross negligence by CELSYS.

・CELSYS accepts no responsibility for losses or damages caused by account suspension or by unpredictable events such as natural disasters or power outages.

・Advertisements may be displayed in these services. CELSYS accepts no responsibility for information made available in these advertisements, or the results of this information.

・The user is wholly responsible for their own actions when using these services. CELSYS accepts no involvement or responsibility for the user's usage environment or any issues occurring between users or between the user and a third party.

Confidentiality in Communication, etc.

1.CELSYS shall protect the confidentiality of users' communication according to Article 4 of Japan's Telecommunications Business Act.

2.CELSYS shall have no duty of confidentiality according to Clause 1 in the following cases, and may disclose information within the scope of the applicable item.

(1)Cases of compulsory disposition according to the stipulations of Article 218 of the Criminal Procedure Code (Seizure, Searching and Inspection By Warrant), other criminal procedure laws or the Act on Wiretapping for Criminal Investigation, or compulsory disposition according to a court order or other law or ordinance. Information shall be disclosed within the scope stipulated by the disposal or order.

(2)Cases that meet the conditions for disclosure requests according to Article 4 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders (Request for Disclosure of Sender Information, etc.). Information shall be disclosed within the scope of the disclosure request.

(3)Cases in which CELSYS deems disclosure necessary in order to protect lives, health, safety or property. Information shall be disclosed within the scope necessary for protection.

(4)Cases in which CELSYS deems disclosure necessary in order to identify, pay or collect rights or debts related to the user's use of these services. Information shall be disclosed within the scope necessary for this purpose.

3.CELSYS may collect and analyze information on usage of these services for the purpose of improving these services. Statistical information shall be created in a manner ensuring that individuals cannot be identified. CELSYS may also provide this statistical information to third parties who have a duty of confidentiality.

Sending of Information and Use of Cookies

・Cookies are used by some of these services for purposes such as obtaining information to enable more convenient use and carry out ongoing improvements of services. Cookies are information sent from servers involved in the operation of this service to the user's browser. This information is recorded in the user's computer.

・The recorded information does not include personally identifying information such as names, addresses or phone numbers. There will also be no direct adverse effects on the user's computer.

・The user can configure the settings of their browser so that cookies are not allowed, but this may mean that some functions cannot be used.

・These services use Google Analytics, an access analysis tool supplied by Google to assess usage. Google Analytics uses cookies to collect usage logs. These do not include personally identifying information. The collected usage logs are managed according to Google Inc.'s privacy policy.

・The user can configure the settings of their browser so that cookies are not allowed, but this may mean that some functions cannot be used.

・These services set advertisements by behavioral targeting (an advertising method in which advertisements are broadcast according to the user's interests as determined by information such as website viewing information) using programs provided by advertisement distributors. Cookies are used to obtain the user's website browsing history for this purpose. The advertisement distributors use the cookies to broadcast advertisements based on the user's past access information.

・If you wish to disable this behaviorally targeted advertising, access the opt-out page of Network Advertising Initiative or the opt-out pages of the following advertisement distributors and disable the use of cookies.

 > Google(https://support.google.com/ads/answer/2662922?hl=en

 > Network Advertising Initiative(http://www.networkadvertising.org/choices/

・This setting needs to be configured again if you change your computer or browser or delete cookies.

Damage Compensation

In the event that a user causes damages to CELSYS or a third party through this service, the user shall provide compensation under their own responsibility and expense.

Changes to This TOS

CELSYS may revise this TOS or any policies to reflect amendments to laws or changes in these services. The revisions shall be valid from the time this TOS or the policy is displayed in these services. In such cases, CELSYS shall notify users of the main changes in advance for a fixed period before the revised TOS becomes valid, by displaying the information in these services and sending the information to the user's CLIP STUDIO account.

Users who do not agree to the revised TOS or policies for these services must stop using these services.

This TOS and any policies shall be interpreted according to Japanese laws. In the event of a dispute between CELSYS and the user, both parties shall discuss the matter in good faith. If the issue is not resolved through discussion, the Tokyo District Court or Tokyo Summary Court shall be the exclusive agreement jurisdictional court for the first hearing.

Original Version: Dec. 14, 2016

Last modified(Version 3): March 26,2020


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