mixi2 Terms of Use
1. Application of the Terms and Conditions
1. These mixi2 Terms of Use (hereinafter referred to as the "Terms") shall apply to the "mixi2" communication service (hereinafter referred to as the "Service") operated and provided by mixi, Inc. (hereinafter referred to as "mixi2"), a communication service operated and provided by mixi, Inc. (hereinafter referred to as the "Company") shall apply to all relationships arising from the use of "mixi2" (hereinafter referred to as the "Service").
2. The terms of use and various regulations separately stipulated by us apart from this agreement constitute a part of this agreement, and those who use this service (hereinafter referred to as "user") shall agree to all of the terms and conditions when using this service. ("the Company") shall agree to all of the Terms and Conditions.
3. In the event of any discrepancy or contradiction between the provisions of this Agreement and the Terms of Use and other various provisions set forth in the preceding paragraph, the provisions shall take precedence over the other provisions, this Agreement, and the Terms of Use, in that order. In addition, except in cases where the provisions of this Agreement differ or contradict the contents of the Terms of Use and the various provisions in the preceding paragraph, this Agreement and the other terms and conditions shall be superimposed and applied.
4. Notices given by us to users as specified in Article 3 shall constitute a part of these Terms and Conditions.
2. Modification of Terms and Conditions
1. We may change these Terms of Use by posting the changes on the Service, by sending individual e-mails, or by other appropriate means, and by notifying the public of the contents of the changes and the timing of the changes. In such cases, the terms of use of the Service shall be governed by the amended Terms of Use.
2. The revised Terms of Use shall apply to the Services (regardless of form, including websites and applications, etc.; the same hereinafter) unless otherwise specified by the Company. The same shall apply hereinafter). The user shall confirm the revised Terms of Use at his/her own responsibility.
3. Users may not file a claim of disapproval or ignorance of changes to these Terms of Use with us.
3. Notification from us
1. We will notify users of necessary matters (including notices of new services and distribution of advertisements) from time to time by posting notices on the service, sending e-mails, or by other methods we deem appropriate. We will notify users of necessary matters (including notices of new services, distribution of advertisements, etc.) from time to time. Users shall be deemed to have consented to receive such notifications from us from the time they complete their membership registration for the service.
2. If you wish to unsubscribe from notifications from us, you will need to set your notification cancellation settings in the Service. However, in the case of notifications that are important for the operation of the Service, we may provide such notifications regardless of such settings. Notifications in the preceding paragraph shall become effective at the time they are posted on the Service if they are made by us on the Service, or at the time they are sent by e-mail if they are made by us by e-mail.
4. Member Registration
1. To use this service, you must register as a member with a MIXI ID account provided by us; a MIXI ID account must be registered separately and is subject to the MIXI ID Account Terms of Service.
2. The Service allows users to register profile information (nicknames, etc.) for use in the Service.
3. By using this service, you agree to be bound by the terms and conditions of this agreement.
4. Minors are not allowed to use the Service.
5. We shall provide the functions and tools of the Service in accordance with the usage environment and other conditions as determined by us.
6. The Company reserves the right to deny use if any of the following conditions apply to the user
(1) If you register as a member without following the method described in Paragraph 1 of this Article
(2) If you have received any disciplinary action in the past for violating these Terms and Conditions.
(3) If you have been punished in any way for other services provided by us
(4) Antisocial forces, etc. (meaning organized crime groups, violent groups, right-wing groups, antisocial forces, and other similar persons. The same shall apply hereinafter) (i.e., a person who is a member of the Anti-Social Forces, etc. (meaning organized crime groups, organized crime groups, right-wing groups, Anti-Social Forces, etc.), or a person who cooperates or is involved in the maintenance, operation, or management of Anti-Social Forces, etc. through funding or other means.
(5) Any other cases that we deem inappropriate.
5. Membership registration management
1. Users are required to provide the prescribed information necessary for their membership registration (including but not limited to nickname, profile information, and MIXI ID account). The user shall endeavor to prevent unauthorized use of the prescribed information required for his/her membership registration (including but not limited to nickname, profile information, and MIXI ID account; hereinafter referred to as "Registration Information"). The user shall endeavor to prevent unauthorized use of the information (including but not limited to nickname, profile information, and MIXI ID account) and shall take full responsibility for the management of such information. If we determine that there is a mistake in the registration information, we may request the user to correct it. In such cases, the user shall respond appropriately.
2. Users may not, under any circumstances, transfer or lend their membership to a third party.
6. Contents of this service
The contents of the Service shall be posted on the Service. We reserve the right to change the contents of the Service without prior consent of the user.
7. License to use applications, etc.
1. We hereby grant you a non-transferable and non-exclusive license to use the application for this service (hereinafter referred to as "this Application"). However, this Agreement does not grant you the right to use any future upgrades to the Application that may be developed.
2. We may change the functions or specifications of this application without notice to the user. We may, for our own reasons, restrict or discontinue the use of some or all of the functions of this application, or suspend or terminate the provision of this application. We shall not be liable for any damages incurred by users due to changes in this application, limitation or discontinuance of use, or suspension or termination of provision, unless such damages are caused by reasons attributable to us.
3. We do not guarantee any operation, fitness for purpose, accuracy or reliability of the results of use of this application, and we shall not be liable for any contractual incompatibility of any content, except for reasons attributable to us.
4. Users shall not reproduce, reprint, or redistribute this application or information in this application without prior written consent from us. Users shall not modify, change, alter, reverse engineer, decompile, or disassemble this application.
5. This application may connect to the network and communicate at regular intervals. In such cases, a separate communication fee will be charged.
6. Program data and related document files, etc. required for the display and operation of this application may be automatically changed or updated without notice.
7. When connection to the network is not possible due to moving out of range, etc., or when communication is not possible inside a building, behind a building, etc., while this application is running, use of this application may become temporarily unavailable.
8. Communication fees will be charged separately for downloading this application.
8. Usage fees, etc.
1. In principle, there is no charge for the use of this service.
2. In the event that we request compensation for the use of this service, we shall notify the user in advance and obtain consent.
9. Suspension of use
If we recognize that a user has committed an act in violation of these Terms of Use, we may suspend the use of all the Services being offered without notice to the user in question.
10. Operating environment
We shall not be responsible for the environment (including all terminal devices such as smartphones, software, and communication lines, etc.) for users to use the Service, nor shall we be responsible for providing advice or support to improve the connection environment. We shall have no responsibility for the environment in which users use the Service (including all terminal devices such as smartphones, software, communication lines, etc.), nor shall we be responsible for providing advice or support for the development of the connection environment.
11. Responsibilities and duty of care of the user
1. Users shall use the Service at their own risk, and shall be responsible for all actions and results of their use of any and all information, including profiles and messages that users may enter and post on the Service (hereinafter referred to as "User Contents"). Users shall be solely responsible for any and all actions and results of their use of profiles, messages, and other information that they may enter and post on the Service ("User Contents"). Users shall properly manage their own User Contents.
2. The user shall guarantee to our company that the said user contents do not infringe on the rights of our company or a third party. In the event that a user defames our company or a third party, infringes privacy rights, discloses personal information of our company or a third party without authorization, violates copyright laws, or otherwise infringes the rights of our company or a third party, said user shall resolve the matter at his/her own responsibility and expense. In such cases, the user shall be responsible for resolving the matter at his/her own expense.
3. Users shall indemnify and hold us harmless from and against any and all damages and liability in the event of disputes, claims for damages, etc. arising from the use of others' copyrighted materials, etc., except in cases attributable to us, and shall be responsible for dealing with disputes on their own initiative.
4. Users shall indemnify and hold us harmless from any and all disputes, claims for damages, etc. arising from the alteration or falsification of user content, unauthorized viewing of personal information, etc. due to circumstances attributable to the user, such as theft of registration information by a third party.
5. The user acknowledges that if the user causes damage to our company in the act stipulated in this article, our company has the right to claim compensation for the damage from the user in question.
12. Delete member registration
1. If a user wishes to delete his/her membership registration, said user shall delete his/her membership registration in the manner prescribed by the Company.
2. We may, at our discretion, forcibly delete a user's membership registration and refuse the user's use of the Service if the user falls under any of the following items.
(1) If it becomes clear that the member has registered for membership without following the method described in Article 4.1.
(2) In the event of a violation of these Terms and Conditions
(3) If you have been punished in any way for other services provided by us
(4) Any other cases that we deem inappropriate.
3. Membership registration may be deleted after one year of inactivity.
4. We shall not be liable for any damages arising from the deletion of a member's registration pursuant to this Article, except in cases where such deletion is due to reasons attributable to us.
13. Prohibited acts
In using the Service, the following acts are prohibited. If a user engages in any of these prohibited acts, we may delete the applicable content without notice to the user, and we may also restrict the use of the user who engages in the prohibited act or delete his/her compulsory membership registration. However, the Company shall not be obligated to delete such content, and the Company shall not be obligated to explain the deletion, restriction of use, or other actions.
1. Any action that we deem to be in violation of these Terms of Use
2. Acts contrary to laws, regulations, ordinances, or other enactments
3. Transferring or lending one's membership to a third party, such as a natural person, corporation, group, or organization other than the user himself/herself (hereinafter referred to as "third party") (iii) Transferring or lending one's membership to a natural person, corporation, group, organization, etc. other than the user himself/herself (hereinafter referred to as "Third Party") to use the Service.
4. (iii) Publication of a third party's personal information (including publication of another user's photograph or other information on the Internet without permission).
5. Acts that offend public order and morals or cause discomfort to other users, such as sexual descriptions, cruel expressions, expressions that provoke crimes, discriminatory expressions, etc.
6. Use for the purpose of sexual or obscene acts, etc.
7. Using the site for the purpose of meeting people of the opposite sex whom you have never met before.
8. Acts that induce or encourage youth to run away from home
9. Causing illegal gambling or soliciting participation in illegal gambling.
10. Act of undertaking, mediating, or inducing illegal acts (transfer of guns, etc., manufacture of explosives, provision of child pornography, forgery of official documents, murder, threats, etc.)
11. Inducing or soliciting others to commit suicide
12. Impersonating a third party, or using the Service under the name of someone other than oneself, or pretending to have authority to represent or act on behalf of someone other than oneself even though one does not have such authority, or using the Service under the false pretense of being in partnership or cooperation with another person or organization
13. Posting information that depicts the killing or injury of a person, a corpse, or other atrocious acts.
14. The following spamming activities
(1) Spam Postings: Posting of the same or similar text by one or more users in the Service in a place where posting is allowed.
(2) Spam words: Actions by one or more users to post multiple words or phrases that are unrelated or have little or no relevance to the relevant section, or to post extremely long sentences or large numbers of words in a section of the Service where posting is allowed.
(3) Spam URLs Posting the same URL in a place in the Service where one or more users can post.
(4) Other activities that we deem to be spam.
15. Posting false information in the User Contents or using them for fraudulent purposes to deceive us or other users
16. Acts that damage the honor or social credibility of a third party or cause discomfort or emotional damage
17. Actions that infringe or may infringe on the rights of the Company, other users, or third parties.
18. Election campaigning or similar activities and activities that violate the Public Offices Election Law
19. The act of collecting personal information of third parties such as other natural persons, legal persons, groups, organizations, etc.
20. Acts that infringe intellectual property rights owned by third parties or induce infringement of copyrights
21. Reproducing, duplicating, modifying, storing, forwarding, or reselling the Content, etc. specified in Article 16 without our permission.
22. Use of the Service by minors
23. Any act that interferes with or defames the operation of this service
24. (iii) Transmission of data in a quantity that we deem likely to interfere with the operation of this service, or acts that place a burden on the server (e.g., unauthorized continuous access)
25. Unauthorized rewriting or deletion of information stored in our facilities
26. Development, distribution, or use of tools or programs for the purpose of unauthorized use, or inducing, soliciting, or assisting a third party to do so, or any act that may cause such an act.
27. (iii) Modifying, altering, modifying, reverse engineering, decompiling, disassembling, or otherwise attempting to modify, change, alter, reverse engineer, decompile, or disassemble the Service.
28. Transmitting or disclosing harmful computer viruses, code, files, programs, etc., or suggesting where they are disclosed
29. Posting of content that is, or may be, a pyramid scheme, pyramid selling scheme, or similar activity, or content that we deem to be, or may be, a pyramid scheme, pyramid selling scheme, or similar activity.
30. Posting child pornography or similar content, or content that we deem to be similar to child pornography.
31. Posting links to sites with content that we deem to depict genitalia, such as sexually explicit images, videos, or data depicting genitalia.
32. Criminal acts such as fraud, abuse of controlled substances, child prostitution, illegal sale and purchase of savings accounts and cell phones, or acts that are or may be connected to criminal acts, or acts that are or may be offensive to public order and morals
33. Other activities that we deem inappropriate
14. Storage of user data
1. Users shall be responsible for storing and backing up the text and other data that comprise the user content they have created. Our server does not guarantee the storage and backup of such data.
2. Users shall indemnify and hold us harmless from and against any and all claims, disputes, and claims for compensation for damages that may arise due to the loss of data stored on this service or the suspension of server operation, except in cases where such claims or liability are attributable to reasons beyond our control.
15. Rights regarding User Content
1. The rights to the User Content belong to the User who entered and posted it. When the user uses the user contents to the extent necessary for the provision of this service, or for the purpose of advertising, promotion, etc., the user grants us a worldwide, unlimited, sublicensable, and nonexclusive license to use said rights free of charge, and shall not exercise moral rights against us or our designees. You shall not exercise your moral rights against us or any person designated by us.
2. When users provide feedback, suggestions, questions, etc. to us regarding this service, we shall be free to use and utilize such feedback, suggestions, questions, etc. in our own unique way.
16. Rights regarding this service
1. Except as provided in the preceding article, all rights (ownership, intellectual property rights, portrait rights, and publicity rights) to the materials (logos, UI, etc.), search and other functions, and the Service (collectively, the "Contents, etc.") that comprise the Service belong to us or to a duly authorized third party. All rights (ownership, intellectual property rights, portrait rights, and publicity rights) to the materials (logos, UI, etc.), search and other functions, and the Service (hereinafter collectively referred to as "Content, etc.") comprising the Service belong to the Company or a third party with legitimate authority.
2. Users may use the Content, etc. to the extent necessary for the use of the Service. However, we do not license or transfer any rights to the Content to the user.
17. Interruption of the provision of this service
We may temporarily suspend the provision of this service without prior notice to users in any of the following cases
1. When maintenance or construction of facilities for this service is unavoidable.
2. When the equipment for this service fails and it is unavoidable
3. In case of unavailability of telecommunication services due to telecommunication services provided by registered telecommunication carriers or other telecommunication carriers
4. When we deem it necessary to temporarily suspend the service for operational or technical reasons.
18. Termination of this service
1. We may terminate all or part of this service to users at our discretion without prior notice to users.
2. In the event of termination of all or part of this service in accordance with the preceding paragraph, we shall not compensate or indemnify the user for any damage, loss, or other expenses incurred as a result of such termination, except for reasons attributable to us.
19. Compliance with Privacy Policy
We will appropriately protect personal information and comply with our Privacy Policy, which we have established separately.
20. Transfer of rights, etc.
1. The User may not transfer, assign or otherwise dispose of any rights or obligations under these Terms and Conditions to any third party, except as provided in these Terms and Conditions.
2. In the event that our company transfers the business related to this service to a third party, our company shall be able to transfer the position on this agreement, rights and obligations based on this agreement, user information, and all other information to the transferee of said business transfer in conjunction with said business transfer, and the user shall agree to said business transfer in advance. The user shall agree in advance to such business transfer. Such business transfer shall include not only ordinary business transfers, but also corporate divestitures and any other cases in which business is transferred.
21. Disclaimer
1. We shall not be liable for any damage or loss incurred by the user in the use of this service, except in cases where such damage or loss is caused by reasons attributable to us.
2. We shall not be liable for any damage caused by the use of the Service to other users or third parties, except in cases where such damage is caused by reasons attributable to us.
3. We do not guarantee the completeness, accuracy, certainty, usefulness, etc. of any information, etc. obtained by users through this service.
4. We shall not be liable for any damage incurred by users in connection with the service, including but not limited to system interruption, delay, discontinuation, loss of data, or unauthorized access to data due to communication line or computer failure, unless such damage is caused by reasons attributable to us.
5. We are under no obligation to monitor or store User Content.
6. In the following cases, we may view, store, or disclose to a third party (hereinafter referred to as "viewing, etc." in this section) the contents of said User Content. We shall not be liable for any damage caused thereby, except for reasons attributable to us.
(1) When we have contacted a user who has entered or posted User Content to the contact information registered with the Service to request consent for viewing, etc., and when any of the following items applies
1. When the user concerned agrees to the inspection, etc.
2. When the user's response to the refusal has not reached us within 7 days after we have contacted the user to request consent for access, etc. (However, this excludes cases where an emergency and unavoidable reason arises.
(2) When necessary to clarify and resolve the causes of technical malfunctions of this service
(3) When we receive an official inquiry from a court of law, the police, or other public institution in accordance with laws and regulations.
(4) When we deem it necessary to confirm the contents of the User Contents due to an act that violates or may violate these Terms of Use.
(5) When we determine that there is an imminent danger to a person's life, body, or property, and that there is an urgent need to do so.
(6) When it becomes necessary for the proper operation of this service.
7. If we have reasonable grounds to believe that a user has committed or may commit an act that violates or may violate these Terms of Use or other agreements, we may delete the compulsory membership registration of the user who has committed such an act and delete all or part of the user contents, etc. However, we shall not be liable for any damages resulting from such an act, except for reasons attributable to us. However, the Company shall not be liable for any damages resulting from such actions, except in cases where such damages are caused by reasons attributable to the Company.
8. Notwithstanding anything to the contrary in these Terms of Use, in no event shall we be liable for any of the following damages in connection with the Service
(1) Damages arising from reasons beyond our control
(2) Damages arising from special circumstances, whether or not foreseen by us
(3) Damages caused by acts essential to the provision of this service, such as server maintenance
9. In the event that a user suffers damages due to reasons attributable to our company in this service, our company shall be liable for damages up to the higher of either the monthly fee paid by said user to our company for this service or 100 yen. However, this excludes cases of willful misconduct or gross negligence on our part.
10. We do not guarantee the operation of any equipment or software used by the user.
11. Users shall be responsible for managing any connection fees charged by telephone companies or various telecommunications carriers when using this service, and we make no warranty of any kind.
22. Claim for damages
If a user causes damage to our company by violating these Terms of Use or by using this service illegally or illegally, our company may demand reasonable compensation for damages (including attorney's fees) from said user.
23. Governing law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.
24. Court of competent jurisdiction
If any dispute arising out of or in connection with these Terms and Conditions is not resolved through mutual consultation in good faith, the Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction as the court of first instance, depending on the amount of the dispute.
25. Other
1. Even if any part of these Terms and Conditions is determined to be invalid under the law, the other provisions shall remain valid.
2. If any part of these Terms and Conditions is held invalid or revoked in relation to one user, these Terms and Conditions shall remain valid in relation to the other users.
Supplementary provisions
These Terms and Conditions shall come into effect on December 16, 2024.
December 16, 2024 enactment
