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Celebrate Message Terms of Use



These terms of use regulate the conditions for use of Celebrate Message (hereinafter referred to as “the Service”) provided by Celebrate Message Co.,Ltd. (hereinafter referred to as “the Company” or “we”) and other services which are provided through the Service. These terms of use will be applied redundantly with rules of the services such as instructions or guidelines (hereinafter referred to as “the Rules”), and the Rules will be a part of these terms of use. Therefore, you will be entitled to use the Service upon your agreement on these terms of use. If there is any conflict or inconsistency between these terms of use and the Rules, however, the provisions of these terms of use will prevail.

Article 1 (The Service)
The registered users of the Service (hereinafter referred to as “the Users”) can send offerings to the entertainers, models, artists, athletes, singers, actors or other celebrities who have registered to provide the Service (hereinafter referred to as “the Casts”), and if an offering is accepted by a Cast, the User can receive a video message with audio (hereinafter referred to as “the Message”). The Casts of the Service may not always accept offers by the Users.

Article 2 (Conditions of usage for the Service)
1. The Company will specify the features and the range of use for the Service according to the age and the usage environment of the User.
2. A User will confirm the usage conditions of the features and the services when using the Service.
3. A User should not provide false information as the register information which is set by the User himself/herself when using the Service.

Article 3 (User registration)
1. An applicant for the user registration will agree to all the provisions in these terms of use and register as a User as designated by these terms of use and the Company.
2. A person under the age of eighteen will not be allowed to register as a User. (If a person fakes his/her age or birthdate, he/she will be disqualified to use the Service.)

Article 4 (Use of the Message received from a Cast)
1. As of the reception of the Message, a User can use the received Message for non-profit and non-commercial purposes privately, domestically or within other limited scopes.
2. A User will not sell, assign, lend or distribute the Message to any third party.
3. Although a User can use the Message only according to these terms of use, the User will not be entitled to use the Message beyond the terms.
4. If a User violates any of the provisions of these terms, the rights of the User will be automatically terminated (the User’s obligations will not be terminated).

Article 5 (Payments)
1. A user registration and credit card registration for the Service are necessary for a User to send an offer to a Cast.
2. Although the facility of the registered credit card will be secured as of the transmission of an offer from a User to a Cast, actual payment will not be made until the Cast registers the Message to the Company and the Company provides the Message to the User.
3. Use of prepaid cards and debit cards are primarily not allowed for Users to pay on the Service. If a User uses a prepaid card or a debit card and he/she cannot cancel the Service with the card, the Company will not responsible for any possible consequences.
4. The Company and a Cast can cancel offers from a User freely without any reasons and will not be responsible for the cancellation if the Company notifies the User.
5. A User will register information designated by the Company before sending a offer to a Cast.

Article 6 (Management of login information)
1. A User will manage the login information for the Service (hereinafter referred to as “the Login Information”) by his/her responsibility and expense and will not use, transfer, succeed or pledge the Login Information to any third party and disclose it.
2. A User will be responsible for any damages caused by information leakage, usage error, use by a third party or unauthorized access etc. due to insufficient maintenance of the Login Information, and the Company will assume no liability. In case that the Login Information is used illicitly, and any damage is caused to the Company, the User will compensate the damage for the Company.
3. If the registered information is changed or the Login Information is suspected to be known or used by a third party, the User will contact the Company regarding the issue as specified in these terms of use and the Company immediately, take possible measures to avoid any use of the Login Information by a third party and follow instructions by the Company if any.
4. The Company will assume no liability if any harm is caused to a User because the User do not take measures specified in the preceding paragraph such as contacting the Company.
If a User do not contact the Company as per Paragraph 3 of this Article, the Company will regard that as the User’s withdrawal from the Service.

Article 7 (Personal information)
1. The Company will use the information registered by a User in order to;
1) manage the Service (and provide the User with any information),
2) provide information on our services (not limited to the Service), products or services of advertisers and partners which the Company regards as profitable for Users,
3) conduct surveys for the quality control of the Service and analyze the results,
4) notify the User about matters which affect the management of the Service significantly (including, but not limited to significant changes in the contents of the Service or temporary suspension),
5) request an agreement on the handling of personal information to the User and
6) use such information for research and development including marketing analysis regarding the Service (we will make sure that an individual is unidentifiable when we assign a part of the tasks in relation to research and development to a third party).
2. The Company will not disclose registered information of a User to any third party other than the User except when;
1) the registered information is aggregated or analyzed for improvement of the Service, development of related businesses or marketing of the partners,
2) the result obtained by the aggregation or the analysis in the preceding item is disclosed or provided to a third party in the form which an individual is not recognized or identifiable,
3) the User agrees to disclosure or use of the personal information,
4) disclosure or use of the personal information is regarded as necessary to provide services desired by the User,
5) a third party including a business partner needs the personal information to provide services desired by the User (the third party including a partner cannot use the personal information provided by the Company for purposes other than necessary purposes),
6) a User who is asked to answer a survey which is provided as a service provides the texts, numbers, images, videos or other information to a third party as answer data (in this case, the Company will provide the data only to the owner of the survey and the partners in a form which an individual is not identifiable),
7) we send information regarding advertisements or services of the Company and third parties including the partners to the User,
8) the information is disclosed according to laws and regulations,
9) the disclosure is necessary to protect life, body or property of the Company, Users and other third parties or any services provided by the Company,
10) the disclosure is necessary to improve public health or promote sound growth of children or
11) a central government organization, local administration or an individual/organization who is assigned by such organizations needs to cooperate for conducting tasks designated by laws and regulations and is asked to disclose the information for such purpose.

Article 8 (Cookie and IP address information)
1. The Company may use cookies, advertisement recognition number and access logs obtained from a User (including IP address, hereinafter referred to as “Cookies”) for the following purposes, and the User will accept this.
1) To save the User from the labor of entering all the registration information by entering a part of the information.
2) To provide and plan better services by analyzing the trend of Users.
3) To prevent the same advertisement to be outputted redundantly.
2. A User will accept reception of Cookies by settings on the User’s personal computer or mobile device etc. as well as settings on the browser. Although the Company may not be able to recognize the information of the User if the reception of cookies is refused due to the settings on the browser, the Company will assume no responsibility for any damages caused to the User consequently.

Article 9 (Intellectual property rights)
1. Any intellectual property rights, portrait rights, publicity rights, moral rights, propriety rights and other property rights in relation to the Service as well as the copyrights arising to the texts, images, programs and other information consist of the Service will attribute to the Company or any third party who has such rights.
2. The Company can save and store all the information (including, but not limited to texts and images) which a User sends an offer to a Cast on the Service and can use such information in any forms to operate and improve the Service smoothly, and the User will agree to this.
3. The Company can use the information for advertisement (including advertising articles or contents through publications on third party media) in any forms upon a User’s approval as of the transmission of an offering, and the User will agree to this.

Article 10 (Elimination of anti-social forces)
1. A User will manifest that he/she is not/will not be an anti-social force (criminal group, a member or an associate member of a criminal group, a company related to criminal groups, a racketeer, a criminal group faking a social movement, a criminal syndicate organization or other equivalents) and he/she will not make demands with violence, make demands illicitly beyond legal responsibilities, use threatening words or actions and violence, damage trusts or interfere businesses by spreading rumors and using fraudulent means or by using power or do other equivalents.
2. If the Company regards that a User violates the provisions in the preceding paragraph, the Company can make the User withdraw from use of the Service immediately without prior notice and terminate the provision of the Service.

Article 11 (Prohibited acts)
1. A User will not take prohibited actions such as the transmission of a message which includes acts, contents or expressions specified in Paragraph 4 of this Article or contents or expressions which may be considered as inappropriate (hereinafter referred to as “the Transmissions).
2. If the Company regards that a User violates the provisions in Paragraph 4 of this Article, the Company can delete the content of the Message subject to the Transmissions, suspend the User to use all or part of the Service, remove the User from the Service or take other measures regarded as appropriate by the Company.
3. If a User violated any of the prohibited acts specified in Paragraph 4 of this Article, the Company can seek a compensation to the User for any damages to the Company caused by such act (including the rational attorney expense).
4. The prohibited activities specified in Paragraph 1 of this Article are:
1) the Transmission of contents which will or may affirm or encourage murder, abuse, suicide, suicidal acts (including the Transmission of instructions on murder or suicide),
2) the Transmission of extremely cruel or violent contents,
3) the Transmission of contents or expressions which are or may be considered as socially inappropriate,
4) the Transmission of contents or expressions related to adult websites or dating websites or linking to such websites,
5) the Transmission of sexual expressions which are associated with sexual activities or objects, or other vulgar contents or expressions,
6) the Transmission of activities, contents or expressions which opposes to the sound social morality or damages moral characters,
7) the Transmission of contents or expressions which generally makes or may make the Casts and Users feel unpleasant,
8) the Transmission of activities, contents or expressions which defame or insult the Company or any third party, or which damages honor or trust,
9) the Transmission of contents or expressions in relation to discriminations based on race, ethnicity, gender, religion, social position, region, physical characteristics, medical history, education or property,
10) the Transmission of personal information (except information which is legally disclosed in public) without permission of the person,
11) the Transmission of contents or expressions which violate or may violate rights including intellectual property rights such as patent rights, trademark rights, copyrights, moral rights, portrait rights or publicity rights,
12) activities or the Transmission of contents or expressions which violate or may violate personal rights such as property or privacy rights of any third party,
13) activities or the Transmission of contents and expressions which encourage or affirm/may encourage or affirm manufacture of illegal drugs, illegal weapons such as firearms or guns, or explosives, prostitution, provision of child porn, forgery of official documents, murder, injury, fraud or other illegal activities,
14) socially harmful activities or the Transmission of contents or expressions which affirm or encourage/may affirm or encourage crimes or illegal activities,
15) activities or the Transmission of contents or expressions for/which may be used for dating or invitations for dating,
16) threatening or stalking activities which threaten other people in order to scare them,
17) other activities or the Transmission of contents or expressions which violate/may violate laws and regulations or public order and morals,
18) Assignment of a part of the user rights of the Service in a manner not specified by the Company,
19) Exchanging all or part of user rights of the Service with cash or property benefit or advertisement, announcement or invitation for such exchanges,
20) Faking identity as an individual or an organization,
21) Invitation, propagation or request for donations for religious groups or equivalents, or activities which may be associated with such activities,
22) interference against the operation of the Service and
23) other activities regarded as inappropriate by the Company.

Article 12 (Suspension, cancellation and termination of the Service)
1. The Company may change or terminate the contents of this website or the Service without prior notice.
2. The Company will assume no liability for damages to Users by the changes specified in the preceding paragraph.
3. The Company may temporary stop or suspend part of or all this website or the Service without prior notice when any of the followings occurs.
1) Regular or emergency maintenance or upgrade of equipment or system to provide the Service.
2) The provision of the Service is difficult due to force majeure such as fire, power failure or natural disaster.
3) Service of the class 1 telecommunication operator is not offered.
4) Temporary suspension of the Service is necessary, or the Company regards that the provision of the Service is difficult for operational or technical reasons.
4. The Company will assume no liability for damages to Users or any third party due to occurrence of temporary suspension etc. of the Service.

Article 13 (Withdrawal)
1. A User who has registered to the Service can withdraw from the Service by the procedure designated by the Company.
2. If a User withdraws from the Service, the User will be unable to read the Message(s) received from Cast(s) through the Service.
3. The Company can suspend a User from using all or part of the Service, make the User withdraw from the Service or take any measures regarded as appropriate by the Company without prior notice and User’s approval by the Company’s discretion if the User falls under/may fall under any of the following items.
1) Case in which the User violates the provisions of these terms of use
2) Case in which the registered information has falsehoods or errors
3) Case in which the registered email address is regarded as invalid
4) Case in which the User impersonates a third party to register
5) In case of any of prohibited activities prescribed in Article 8
6) In case of the death of the User
7) Other cases which the Company regards the User as inappropriate
4. The User will compensate for any damages to the Company if the User falls under/may fall under any of the items in the preceding paragraph.
5. The Company will have no obligation to disclose the reason for the measures prescribed in the preceding paragraph to the User.

Article 14 (Disclaimer)
1. The Company will not guarantee completeness or accuracy of the information presented on this website.
2. The Company will assume no responsibility for any damages to a User caused either directly or indirectly by using information or contents on this website.
3. The Company can modify, suspend, discontinue or terminate all or part of this website and the Service without prior notice to Users. The Company will assume no responsibility for damages to a User or a third party caused by the modification, suspension, discontinuation and termination.

Article 15 (Revision of these terms)
The Company may revise these terms of use without consent of a User. The revised terms of use will be in effect as of the upload on this page unless otherwise specified by the Company.

Article 16 (Choice of law and jurisdiction)
The Service and this website as well as the interpretation and application of these terms of use will be governed by the laws of Japan unless otherwise specified. In addition, all disputes arising from the use of this website will be subject exclusively to the jurisdiction of the Tokyo District Court as the court of exclusive jurisdiction of the first trial.