Dokonoko™ Terms of Use

Registered users (hereinafter referred to as "User") shall be deemed to have agreed to these Terms of Use (hereinafter referred to as "Terms") by accessing the Dokonoko™ website, Dokonoko™ services or any applications (including mobile applications) provided by Dokonoko™ (hereinafter collectively referred to as "Application") or using the Application. The Application is owned or managed by Hobonichi Co., Ltd. (hereinafter referred to as "Company"). User shall be required to use the Application in accordance with all the provisions hereof. Therefore, please cease access or use of the Application if you do not agree with any of the provisions hereof.
The purpose of the Dokonoko™ Terms is to determine the terms regarding provision of the Application and the rights and obligations between the Company and User in relation to its use.
For how to play with and enjoy Dokonoko™ and the rules which are not set forth herein, please refer to the community guidelines.
Dokonoko™ is a place for people who love dogs and cats and to get together and exchange friendly communication through photos of dogs and cats.
Please refrain from posting photos and comments that would offend others.
Furthermore, at the time of making your postings, please ensure that your postings do not infringe the rights of others.
The "Area" function that displays animals and photos taken in your surrounding area makes the location unidentifiable on a map, but we ask that you take extra care to avoid including anything that may identify the location being captured when taking photos of stray cats and community cats.
Please understand beforehand that posted photos may be used for promotion of Dokonoko™ and as content for "HOBO NIKKAN ITOI SHIMBUN."

Article 1 (Application)

The Terms shall apply to any relationship between User and the Company in regards to the use of the Application; provided, however, that the Company may provide special functions and services in addition to the Application, where these Terms shall apply to the functions and services, except when the individual terms of use and the Terms conflict with each other.

Article 2 (Amendment and Change of the Terms of Use)

1. If the Company determines it to be necessary, the Company may change or make additions to the Terms at any time without prior notice to User. The Terms of Use after change shall be posted on a website operated by the Company.
2. If User does not agree to the changed Terms, User shall immediately delete the account, or delete the Application from the information terminal that downloaded the Application.
3. If User continues to use the Application after the change hereof, User shall be deemed to have agreed to the Terms after change. In this regard, the Company shall not give individual notice to each User of changes or additions hereof. User shall use the Application after confirming the latest content of the Terms as necessary at User’s own responsibility.

Article 3 (Privacy of Communications)

The Company shall protect the privacy of User communications; provided, however, that the Company may view or delete information related to privacy of User communications to the extent provided for in each item below.
1) In the event that a compulsory disposition or a court order was rendered under the Code of Criminal Procedure or the Act on Communications Interception During Criminal Investigations
2) In the event that the Company determined that the requirements for disclosure claim under Article 4 of the Act on the Limitation of Liability for Damages of Specified Telecommunication Service Providers and the Right to Demand Disclosure of Identification Information of the Senders were satisfied
3) In other cases which are based on laws
4) In the event that the Company determined it to be compelling for the necessity of operation of the Application
5) In the event that consent was obtained from User

Article 4 (Registration of User Information)

1. In posting User content provided for in Article 8 as part of using the Application, User shall register information concerning User that is designated by the Company (hereinafter referred to as "User Information").
2. User shall guarantee that any information provided to the Company through the Application is correct and accurate and the latest information at the time of registration or any other time and shall update the provided information as necessary to keep the information in a completely correct state.
3. User shall be responsible for confidentiality and protection of User’s password.

Article 5 (Handling of User Information)

The Company shall properly handle User Information, terminal information or any other information collected from User in relation to use of the Application in accordance with the Dokonoko™ Privacy Policy separately determined by the Company.

Article 6 (Management of the Account)

1. Management of the account shall be User’s responsibility and User shall not allow any third party to use or lend, assign, change the name of or sell the account.
2. Even if a person other than the person registered as User holding the account uses the Application, User who is registered as holding the account shall be deemed to have used the Application.
3. In the event that it was discovered that the account was stolen or used by a third party, User shall immediately give notice to the Company to that effect and follow the instructions from the Company.
4. User shall be liable for damages caused by insufficient management of account or use by third parties and the Company shall not assume any liability therefor.

Article 7 (Use)

Users of the Application shall be deemed to have agreed to the following matters.
1) User shall not commit the prohibited acts under Article 10 and use the Application correctly in accordance with the methods determined by the Company and the Terms.
2) User shall comply with any laws, rules and regulations applied to the use of the Application.
3) User shall prepare and maintain the terminal information, software, communication lines or any other use environment required to use the Application at User’s own responsibility and expense.
4) Information which is provided by User through the Application shall be posted by designating the location information of User’s terminal and with the understanding that the information shall be disclosed and published to third parties.
5) The Application has a function to display posting information about the surrounding area of the present location, using location information automatically and location information shall be provided to the Company based on prior consent even if use is limited to viewing.
6) User shall be liable for any activities carried out through User’s account.

Article 8 (User Content)

1. User shall represent and warrant to the Company that User has lawful rights to post or upload any information posted, uploaded or saved by User through the Application (hereinafter referred to as "User Content") and that User Content shall not infringe the intellectual property rights (refer to copyrights, patent rights, utility model rights, trademark rights, design rights (including the rights to obtain thereof or make an application for registration thereof) or knowhow and the same shall apply hereinafter) and property rights or any other rights.
2. Copyrights concerning User Content shall be retained by User who made the posting and the Company shall not obtain any copyright concerning User Content; provided, however, that the Company may reproduce, translate, adapt, automatically transmit to the public and make available for transmission, without compensation, indefinitely and without regional restrictions to the extent necessary for providing, maintaining, improving or promoting the Application (including posting to the HOBO NIKKAN ITOI SHIMBUN, a site of the Company, the Application and Dokonoko™ website, and the Twitter and Facebook accounts that are held by the Company). User shall give prior consent to the excerpting, editing and processing, etc., which is required therefor and shall not exercise moral rights against the Company and the person who succeeded to or licensed the right from the Company.
3. User shall assume all liability for the acts of publishing, posting or displaying through the Application and the data, texts, files, information (including location information), User names, images, graphics, photos, profiles, audio and visual clips, voices, music works, literary works, applications, links or any other content and materials published, posted or displayed through the Application.
4. User shall not post photos unrelated to dogs and cats, or post obscene, violent, illegal, discriminating, intrusive or hate photos or post photos and expressions that might offend other Users.
5. The Company shall not be liable for any content, including User Content posted in the Application. User shall be responsible for using the Application correctly.
6. The Company shall not be required to back up User Content.
7. User shall agree that the posted User Content may be posted by a third party to Facebook, Twitter or any other WEB site.

Article 9 (Attribution of Rights)

1. Any intellectual property rights in the Application and other content provided by the Company (excluding User Content and hereinafter referred to as "Provided Content") shall belong to the Company and licensors of the Company.
2. The Company licenses to User personal use of the Application within the scope of use, but the Company shall not assign to User rights similar to property rights that would allow free use, gain of profit and disposal of the Provided Content provided by the Company through the Application or acknowledge such rights.
3. User agrees not to claim any compensation for the Provided Content.
4. Trademarks, logos and service marks (hereinafter collectively referred to as "Trademark, etc.") may be displayed in the Application, and the Company shall not assign or license the Trademark, etc., to User or any other third party.

Article 10 (Prohibitions)

User shall not, in using the Application, commit any act which falls under or may fall under any of the following.
1) Acts that breach laws, judgments, decisions or orders of courts, or administrative actions that have legally binding force or acts that facilitate such acts.
2) Acts that violate public order and morals or impairs standards of decency.
3) Acts such as defamation, stalking, bullying, harassment, fraud, threat, impersonation or coercion of the Company or other Users or any other third party.
4) Acts that infringe the intellectual property rights, portrait rights, privacy, honor, or any other rights or interest of the Company or other Users or any other third party.
5) Acts such as using the Application while walking, driving a vehicle and in situations or a manner inappropriate to using the Application.
6) Acts such as sending or posting information in the Application which fall under or were determined by the Company to fall under a. through p. below.
a. Information which infringes the intellectual property rights, portrait rights, privacy, honor, or any other rights or interest of the Company or any other third party.
b. Posting of information which contains the personal information and confidential information of User or a third party and identifiable personal information (except when requested to do so by the Company).
c. Information which contains cruel or unacceptable content such as the abuse of animals, including dogs and cats.
d. Information which contains content that clearly identifies a location when User posts photos of a cat whose guardian is unknown.
e. Information which contains excessive obscene content (refers to expressions that the Company has determined as suggestive of sexual matter, regardless of whether they are artistic or not).
f. Information for the purpose of meeting with unknown third parties or of obscene acts.
g. Information which contains expressions that induce, solicit or facilitate suicide or acts of self-injury.
h. Information which facilitates sales and inappropriate use of illegal drugs, including narcotics and dangerous drugs.
i. Information which is related to advertisement or publicity of religious acts, religious organizations, political activities and political organizations.
j. Information which is related to solicitation of pyramid schemes and network businesses, etc.
k. Information which contains text that is equivalent to junk mail and spam mail.
l. Information which might adversely affect minors.
m. Information which may cause unpleasant feelings related to expressions of cruelty or otherwise might offend others.
n. Information which spreads harmful programs, including computer viruses, etc.
o. Acts that register wrongful location information.
p. Information which is deemed to be inappropriate by the Company.
7) Acts that make an account for a third party.
8) Acts that make an account for the Application using a method unauthorized by the Company.
9) Acts that request, collect or use the login authentication information of other Users.
10) In using the Application, acts that use for the purpose of breaching any law, rule, regulation and the Terms or use for a purpose unauthorized by the Company.
11) Acts that use the Application for the purpose of commerce and profit, etc., beyond the personal use of User.
12) Acts that reproduce, send, transfer, lend or alter and modify the Application.
13) Acts for the purpose of obtaining profit by methods unintended by the Application, including holding events related to the Application or selling goods, whether inside or outside of the Application.
14) Acts that make unauthorized access to the API and WEB sites by any methods unauthorized or unpublished by the Company.
15) Acts that analyze the source code of the Application.
16) Acts that use the domain name, website URL or service name of the Company in all or part of User’s user name which might mislead others to think that it is a service name of the Company without the prior written approval of the Company.
17) Acts that interfere with or disturb the servers or networks connected to the Application by methods such as sending any worm, virus, spyware, malware or any other code of a destructive nature.
18) Acts that overload the Application or the server of the Company.
19) Acts that restrict the use of the Application by other Users or recommend or facilitate any acts that breach the Terms or any other terms of Dokonoko™.
20) Acts that provide antisocial forces, etc., with profit.
21) Acts that breach the provisions or the spirit of the Terms or acts that may cause risk or legal liability to the Company.
22) Any other acts that are deemed to be inappropriate by the Company.

Article 11 (Actions against Breach of the Terms, etc.)

1. In the event that User falls under any of the following or the Company determines User may fall under any of the following, the Company may take action against User including deletion of all or part of User Content or any other information, partial suspension/restriction of use of the Application, and termination hereof, including deletion of the account (hereinafter referred to as "Suspension of Use, etc."). The Company shall not be liable for any loss or damage incurred by User or third parties by such actions.
1) In the event that User breached any of the provisions hereof
2) In the event that the Company determined it would be necessary to protect the life, body or property of persons and animals, including dogs and cats
3) In the event that it was discovered that User made a false statement in the registered matters
4) In the event that User has not responded to an inquiry or any other communication requesting a response from the Company for more than thirty (30) days
5) In the event that the Company determined User is an antisocial force, etc., or had associations or involvement with antisocial forces, etc., through provision of funds, etc.
6) In the event that the Company determined that the registering applicant had previously breached an agreement with the Company or that the person was a related party thereto.
7) In the event that the Company determined it would be necessary for operation and maintenance of the Application.
8) Otherwise, in the event that the Company determined there was a cause similar to each item above and it would be inappropriate to permit use of the Application.
2. User shall not be relieved from any obligation and liability (including but not limited to damage liability) to the Company and third parties hereunder even after being subject to Suspension of Use, etc.
3. The Company may hold and use information provided to the Company by User after deletion of User Content posted by User or deletion of the account
4. In the event that the Company determined User fell under each item of paragraph 1 or may fall under each item of paragraph 1 or other events that the Company determined it would be necessary, the Company may request that User stop the breaching act and voluntarily delete and correct the information sent or posted and User shall respond to the request within the period determined by the Company.
5. The Company shall not be liable for any loss or damage incurred by User due to the actions taken by the Company under this Article.

Article 12 (Reporting of Illegal Postings)

1. In the event that User determined that User Content of another User infringed the rights of User or a third party, or the information was offensive, User may report to the Company in accordance with the method designated by the Company.
2. In the event that the Company received a report under the preceding paragraph, the Company may take actions such as deletion of User Content or Suspension of Use, etc., under the preceding Article.
3. The preceding two paragraphs do not provide for the obligation of the Company to respond to reports from User.

Article 13 (Damages)

1. In the event that the Company suffered from direct or indirect damage due to an act of breaching hereof and use of the Application by User (including cases where the Company was claimed for damages or any other claims by a third party due to such acts), User shall compensate the Company for all damages (including the fees for attorneys and professionals and the amount equivalent to personnel expenses required of the Company for response).
2. The Company shall be liable for direct and ordinary damage actually incurred by User only, in which the Company assumes default liability or tort by minor negligence for damage incurred by User in relation to the use of the Application and the Company shall not be liable for any damage caused by special circumstances (including cases in which the Company has foreseen or could have foreseen the occurrence of damage).

Article 14 (Termination of Use of the Application)

1. User may terminate use of the Application at any time by uninstalling the Application, deleting the account or any other method designated by the Company. User who terminated use of the Application may not use the Application from the time of termination.
2. In the event that User terminated use of the Application, the Company may delete User Account at the discretion of the Company without prior notice and User agrees that all content remaining in the Application at the time of termination may be extinguished.

Article 15 (Deletion of Account)

1. User will no longer be able to post or upload User Content as determined under Article 8 upon deletion of the account in accordance with the method designated by the Company, including deletion of User Information or any other information accumulated in the Application.
2. User agrees in advance that User may not use the account, Provided Content, User Content or any other information accumulated in the Application in the event that User deleted the account or the account was deleted regardless of the reason.
3. User shall not be relieved from any obligation and liability (including but not limited to damage liability) to the Company and third parties hereunder after termination of use of the Application.
4. The Company may hold and use information provided to the Company by User through the Application after termination of use of the Application by User.
5. In the event that User has died, User Account, User Information or any other information accumulated in the Application shall be deleted and shall not be succeeded by inheritance.
6. The Company may, at its discretion, delete an account in which more than six (6) months have passed since the last access without prior notice.

Article 16 (Change, Suspension and Termination, etc., of the Application)

1. The Company may change or make additions to all or part of the Application without prior notice to User.
2. The Company may, at its discretion, terminate provision of the Application by setting a reasonable publication period for User through posting in the Application or a website operated by the Company or any other method deemed appropriate by the Company.
3. In the event that any of the causes set forth in each item below occurred, the Company may temporarily suspend all or part of the Application without prior notice to User.
1) In the event that the Company conducts regular or urgent maintenance or repair of communication devices for the Application.
2) In the event that the system was overloaded due to excessive access or any other unexpected factor.
3) In the event that it became necessary to ensure security of User.
4) In the event that the telecommunication provider of the telecommunications used by the Company does not provide telecommunication services.
5) In the event that it is difficult to provide the Application due to natural disasters such as earthquake, flood, and fire, blackout or any other unexpected accidents or force majeure events and failures or security defects such as unforeseen errors or bugs.
6) In the event that operation of the Application became impossible due to laws or actions thereunder.
7) In the event that the Company determined it would be necessary in similar situations to each item above.
4. The Company shall not be liable for any damage incurred by User due to the actions taken by the Company under this Article.

Article 17 (Indemnification)

The Company shall be indemnified from damage caused by the events not ascribable to the Company. The Company shall not be liable for any communication or dispute, etc., arising between User and other Users or any third party in relation to the Application.

Article 18 (Change of Service Content, etc.)

The Company may change the content of the Application or discontinue provision of the Application without prior notice to User. The Company shall not be liable for any loss or damage incurred by User or third parties by such actions regardless of the reason.

Article 19 (Disclaimer and Indemnification)

1. The Company shall not make any warranty concerning the Application, content provided through the Application or any other information that there are no errors, bugs, failures or security defects, that they do not infringe the rights of third parties, that they have the property and commercial value expected by User and that they conform to the laws and internal regulations applied to User, etc.
2. The Company shall not warrant that the Application supports all information terminals and User shall agree in advance that defects may arise in operation of the Application in connection with upgrading the OS of the information terminals offered for use of the Application. Program correction, etc., conducted by the Company in the event of failure shall not warrant that the failure will be resolved.
3. User shall give prior understanding that use of part or all of the Application may be restricted in connection with changes to the terms of use and operation policy of application stores such as App Store and Google Play, etc.

Article 20 (Use of External Services)

1. If User uses external services such as Facebook and Twitter upon use of the Application, User shall comply with the terms of use or any other terms determined by such external services in addition hereto.
2. Companies or individuals providing the external services shall be liable for the external services and the Company shall not make any warranty concerning the Application, content provided through the Application or any other information that there are no errors, bugs, failures or security defects, that they do not infringe the rights of third parties, that they have the property and commercial value expected by User and that they conform to the laws and internal regulations applied to User, etc.

Article 21 (Notice or Communication)

1. Notice or communication between User and the Company shall be made by posting in the appropriate place in the Application or a website operated by the Company, sending e-mail or push notification or any other method deemed appropriate by the Company.
2. If the Company gave notice by e-mail, the notice from the Company shall be deemed to have been delivered to User at the time when the mail should have normally been delivered by sending an e-mail to the e-mail address registered by User.
3. Inquiries concerning the Application or any other communication or notice from User to the Company shall be made via e-mail to the Company or any other methods designated by the Company.

Article 22 (Dispute)

In the event that any dispute arises between Users or User and a third party concerning the Application, User shall give notice to the Company to that effect and shall resolve the dispute at User’s own responsibility and expense. The Company shall not be required to be involved in the dispute and shall not assume any liability therefor.

Article 23 (Governing Law and Court of Jurisdiction)

1. The original text of the Terms shall be in Japanese and the interpretation of the Terms shall be governed in accordance with the laws of Japan.
2. In the event that any dispute arises concerning the Application or the Terms, the court having jurisdiction over the address of the head office of the Company shall be the court of exclusive jurisdiction by agreement.

[Supplementary Provision]
The Terms shall be in effect as of May 17, 2016.