Dino Terms of Use Article 1 Introduction These Terms of Use are applied to all the conducts of the users (hereinafter "User" or "Users", depending on each context) who manage their own websites by using the service (hereinafter "Service") provided under Article 2(1) through the Internet services administered by Revolver Inc. (hereinafter "we", "our", "us" or "our company" depending on each context). Our Internet services include: http://dino.vc and http://revolver.jp, and their associated websites and apps (hereinafter "Site"). Article 2 (Provision of Our Service) 1. "Service" means the service to provide the use of the web magazine building service "dino". 2. By agreeing with the terms of agreement, and applying for the use of our service (henceforth referred to as 'application of use') through the online or offline method indicated by our company, the customer may use our service. 3. By using our services, the customer agrees to the terms stated in this agreement. 4. Should a conflict or contradiction arise between this agreement and any other terms of use, this agreement will take precedence. Article 3 (Details of our Service) 1. Our service consists of two types of services as general services: services provided free of charge and paid services (hereafter these two services are referred to as "general services") 2. Any customer who uses our service has access to our online administration tool. 3. In our services, within general services, option services related to paid services are available (hereafter "option services") and a service fee is charged. 4. The account billing system our company provides the customer with is called "Revolver Wallet". Article 4 (Requirements for the Use of our Service) 1. For customers using our services for personal use, users of our free service are required to be over 13 years of age when applying. 2. For customers using the paid services , users are required to be over 13 years of age when applying. Article 5 (ID and Password Management) 1. Once the customer has agreed to the terms of this agreement, we will promptly create an account for them in our service's system using the ID and password the customer has registered. 2. Based on the preceding paragraph, the customer is individually responsible for the management of their ID and password, the periodic changing of their password, and taking steps to prevent ID and password fraud. 3. Our company is not responsible for any damages not originating from our company that may occur while using our service (e.g. unauthorized use of a customer's ID and/or password by a third party, etc.). 4. A customer's ID and password is meant for the customer's individual use. A customer may not provide their ID or password to a third party without consent from our company. Article 6 (Data Management) The handling of information resulting from the use of our service is stored on a server managed by our company for the purpose of analyzing end-user trends and the effectiveness of advertising (henceforth referred to as 'efficacy data') is as follows: (1) Our company can use for statistical data any information obtained from efficacy data that does not specify or indicate the customer. (2) The periodical backing up of efficacy data is done at the customer's own risk. (3) Upon the termination of a contract formed under this agreement, our company may delete the customer's efficacy data. Article 7 (Administration of the Media Site and Use of the Content) (1) We administer the "Media Site", on which the contents posted, uploaded or saved on this Site by Users using the Service (hereinafter "Content") are complied and made available. (2) We shall have the right to use the Content in any and all forms, including uploading or distributing the Content for the purpose of smooth administration of this Service and advertising/promoting this Service, and such right of use include copying/reproducing and/or adapting the Content (including the title of a Content). A Users is deemed to have agreed to this term before using this Service. Article 8 (Basic Usage Fee and Payment Method) (1) This Service is basically provided for free. If a User uses certain paid Service, such User shall pay the usage fee of this Service (hereinafter "Usage Fee") to us by the payment method appointed by us. (2) As for the payment method, Users shall sign up the Revolver Wallet System and will pay via said System. If a Users prefer to pay via invoices, we will discuss to agree with him/her as to the payment method. In such a case, however, such User is advised to note that an examination is needed for the determination of the payment method. (3) Usage Fee of paid Service and optional paid Service related thereto shall be based on the Usage Fee as announced on our website. (4) If a User does not perform his/her payment obligation under this Terms of Use after passing the due date, he/she shall pay the late payment charge, which amount shall be calculated with the annual interest of 14.6% accruing for the period starting from the next day of the due date to the day before the actual payment date, together with the Usage Fee of this Service and other payment obligations, if any, at once. In case if the initial provision of this Service to a User was in the middle of a month, Usage Fee shall not be reduced. Article 9 (Posting Advertisements and Promotion Materials) Users are advised to note in advance that advertisement and promotion materials of the advertisers of Revolver Inc. may be posted where a Service is provided at free in the Site. Article 10 (Guarantee and Content Copyrights) 1. It is the responsibility of the customer to guarantee that their content does not infringe on a third party's copyrights. 2. The entire copyrights for any content belong to the customer or the third party which the customer has received consent of use from. 3. Should there be any problems arising from flaws or mistakes within the customer's content, we will act in our company's best interest. 4. As stated in article 7 , however, users shall consent, without any opposition, that the Content will be automatically distributed to Media Site created by us and will be reused. Article 15 (Owner of Intellectual Properties Relating to this Service) Article 11 (Prohibited Acts) The customer must not deal in any of the following products using our service: (1) products that oppose public order or morals; (2) products that violate the Swords and Firearms Control Law, the Narcotics Control Law, the Washington convention, Pharmaceutical Affairs Law, or any other laws; (3) products that infringe or risk infringement of the copyrights, rights to usage of one's likeness, intellectual property rights, etc. of a third party; (4) gift certificates, prepaid cards, revenue stamps, card stamps, voucher books, stocks and bonds, etc. (however, Softbank Payment Service Corp. and any account payment companies specified by our company are exempt from these restrictions.); (5) any other product that we deem inappropriate. Article 12 (Interruption of Service) 1. The customer shall consent to the interruption of their access to parts or all of our service under any of the following situations, or should our company decide that there is a possibility of these situations occurring: (1) when inspection, maintenance or data updates are required for our servers, software, etc. (2) when equipment breaks down due to unforeseeable circumstances; (3) when a telecommunications worker has suspended their company's service to us, making us unable to provide our service. 2. Should the customer's access to our service be interrupted, we will notify them of which of the above situations are the cause, and the expected length of inactivity. However, if the interruption is caused by unforeseeable circumstances, we will only be able to notify the customer after the matter has been resolved. Article 13 (Suspension of Service) Should we decide that the customer is engaging in any of the activities mentioned in article 16 paragraph 1, we will suspend parts or all of the customer's access to our service without any notification. Article 14 (Termination of Service) 1. Our company may abolish all or part of the services at any time. However, in the case that the premium channel stipulated in Article 9 is established and contents are sold to the end-users, our company shall take all possible measures to prevent buyers of the contents from being prejudiced. 2. The service usage fees will be calculated according to the time of termination. Article 15 (Owner of Intellectual Properties Relating to this Service) 1. Copyrights, industrial property rights, intellectual property rights, and any other rights concerning our service belong either to us or to the third parties who have consented their license to us, and do not belong to the customer. The customer may not use our company name, trademark or logo without our consent. 2. The customer may not reproduce, alter, reverse engineer, reverse compile or reverse assemble our software, etc., or conduct any other acts that infringe on the intellectual property of our service. Article 16 (Termination and Cancellation of Contract) 1. Should any of the following terms apply to either the customer or our company, the other party has the right to cancel all or parts of the contract through notification and is not required to inform the other party of the reason. Furthermore, should the contract be cancelled, the guilty party must forfeit all benefits for the period and settle any debts due to the other party. (1) being declared for provisional disposition, provisional seizure, auction sale, or a disposition for the failure to pay; (2) being declared commencement of the Civil Rehabilitation Law, the Corporate Rehabilitation Law, bankruptcy, liquidation, special mediation, or any other legal processes; (3) the ordering of the suspension or termination of business by the relevant authorities; (4) the decision to terminate business or declare bankruptcy (with the exception of merging); (5) the drafting or a promissory note, the inability to claim a check, or any other occurrence of ceased payment; (6) the considerable deterioration of assets which may be deemed to prevent the fulfillment of the contract; (7) the occurrence of natural disasters or any other acts of God that may prevent the fulfillment of the contract; (8) the failure to correct any infringements of the terms in the contract or application of use within a reasonable period after notification; (9) the confirmation of being an anti-social influence or being linked to a confirmed anti-social influence or nuisance to society; (10) the committing of acts that violate the law; (11) the committing of prohibited matters stated on any separate document by our company, or should we judge it necessary. 2. Excluding any of the circumstances mentioned in the preceding paragraph, upon paying for the usage fees for the remaining period of our service stated in the contract and sending the completed request form for the termination of the contract indicated by our company, the contract can be cancelled on the last day of the following month from when our company receives the request form. Article 17 (Disclaimer) Our company is not responsible for any damage that the use of our service causes to the customer or a third party. However, this does not include damage caused by our company through intent or gross negligence. Article 18 (Confidentiality) 1. Except for circumstances agreed upon by our company, neither the customer nor our company may disclose any confidential information to a third party when not for the purpose of upholding the contract. 2. Disregarding provisions mentioned in the preceding paragraph, the following items are not considered confidential information: (1) information disclosed to a third party with the prior written consent of the relevant party/parties; (2) information that is already public knowledge; (3) information that became public knowledge after it was received; (4) information that was obtained legally by the recipient; 3.Disregarding the regulations in the preceding two paragraphs, should the law, a court or a government agency legally order or request it of the customer or our company, they may reveal confidential information concerning the other party. However, the other party must be informed of the order or request promptly. 4. These regulations remain for a period of three years after the contract has been terminated. Article 19 (Compensation for Damages) Should the customer violate this agreement and cause damage to our company, the customer must compensate our company for the entire damage and/or expenses (including lost profit and legal fees). Article 20 (Restricted Assignability of Rights and Duties) The customer may not transfer, lease or mortgage the obligations within the contract to a third party without written approval from our company. However, this does not apply to circumstances due to a change of organization or any other reasonable causes, the customer's parent company, subsidiary company, or the customer's parent company's subsidiary company taking control of the contract, or undertaking or receiving the transferal of all or some of the obligations within the contract. Article 21 (Period of Use) 1. The minimum period of use for our service is 30 days. The period of use will be automatically renewed except for when our service has been stopped by either the customer or our company. 2. However, if the provisions of the registration made by application form with a signature or name are different from those of online application, the statements of the application form supersede others. 3. Notwithstanding the provisions of the preceding paragraph, in the case that the customer does not renew the premium agreement online by the day before the expiration date, the use of the services will be suspended automatically within 30 days and all the contents and data are deleted from the server immediately. Our company shall not in any way be responsible or liable for any inconveniences caused by the contents deleted. Article 22 (Governing Law) In the unlikely event of a dispute regarding our service, the customer and end-user shall resolve the dispute based on Japanese law, not their respective countries or where they use our service. Even in the case of the agreement being translated into another language besides Japanese, the Japanese content stated in the Japanese version of the agreement shall take precedence and all circumstances shall be based on Japanese law. Article 23 (Jurisdictional Court) The first hearing of any disputes concerning our service is exclusively in the jurisdiction of Tokyo District Court. Article 24 (Agenda) Should there be any doubts about the terms in this agreement or no mention of a specific matter, the customer and our company shall mutually discuss a solution in good faith. Additional Clauses 1 This agreement is in effect as of Feb 6th, 2015. 2 This agreement still applies to the actions carried out by the customer before this agreement is in effect. End of Section Prohibitions Stated on the Use of Dino Annex 1. The customer shall ensure that any personally affiliated companies (described in article 8, paragraph 8) do not conduct any of the following actions or show any likelihood of conducting these actions: (1) violate any laws; (2) fraud or any other actions that may be related to or considered illegal; (3) infringing upon the intellectual property rights of our company or a third party's copyrights, trademark, etc.; (4) infringing upon a third party's rights to usage of one's likeness or privacy; (5) hindering the equipment of our company or a third party, equipment required for the supplying of our service or its use, operation or maintenance; (6) posing as a third party for the use of our service, or the transmission and/or displaying of data; (7) altering or deleting any information used in our service or its content; (8) forcing a third party to use our service, excluding when our company and the customer have a special agreement; (9) discriminating against or slandering a third party or damaging its integrity; (10) transmitting or publishing videos, images or documents considered child pornography, child abuse, or any other obscenities that are a violation of Japanese law; (11) establishing a pyramid scheme or inviting others to it; (12) the transmission or publication of a virus or any other harmful computer program; (13) sending an advertisement or solicitation e-mail, e-mail that is a nuisance, or e-mail that may resemble any of these (spam mail) to a third party; (14) developing or selling a system that resembles or is identical to our service or its functions; (15) any other action that disadvantages our company or a third party. 2. The customer is required to notify our company at once should any of the terms in the preceding paragraph be applicable to them. 3. Should the customer break any of the terms in paragraph 1, or display any likelihood of breaking the terms, our company holds the right to temporarily suspend all or parts of the customer's access to our service and delete any information concerning the terms in paragraph 1 without any notification. 4. Refer to the "Dino Terms of Use" for the definition of any of the terminology in this document. Revolver, Inc.
