GOOUME JP Terms of Use

These Terms of Use concerning the websites, applications, content and any other products and services offered under the service name, GOOUME JP, (hereinafter, referred to as the “Service”) provided by Gooute Pte. Ltd. (hereinafter, referred to as the “Company”) prescribe the conditions of use between any customer who uses the Service (hereinafter, referred to as the “User”) and the Company.

Article 1 (Consent to Terms)

Every User must use the Service pursuant to the provisions of these Terms of Use. Any User may not use the Service unless giving consent to these Terms of Use validly and irrevocably.

If a User is a minor, he/she should use the Service upon obtaining consent of a parent or any other legal representative.

A User is deemed to have given consent to these Terms of Use validly and irrevocably by actually using the Service.

Article 2 (Handling of Information)

When providing the Company with the information on a User for using the Service, the User must provide true, accurate and complete information.

The User must strictly control the password registered for using the Service on his/her own responsibility to avoid unauthorized use. The Company may deem any act using the registered password as an act by the User him/herself.

Private information of the Users shall be handled pursuant to, in addition to these Terms of Use, the Company’s Privacy Policy and the privacy protection of individual services.

Article 3 (Prohibitions)

The User may not do any of the following while using the service and warrants not to do any of the following:

  • Act of violating laws/regulations, ruling, decision or order of a court, or legally binding administrative action;
  • Act which is liable to cause damage to public order or morality (including acts of posting of excessively violent expression, explicit sexual expression, overexposed nude including in one’s underwear regardless of mosaic-masked/soft-focused/artistic quality, photographs or the like of close-up chest, hip or the like, or any other picture, image (video), artwork or painting that is deemed sexually explicit, posting of words corresponding to sexual conduct or genitals, or any other sexually explicit expression, or posting, placement, disclosure, or origination of any other expression that provides other people with a sense of discomfort, including anti-social contents);
  • Act of violating the right of the Company or third party (broadly including copyright, trademark right, patent right or any other intellectual property right, non-discredit right, right to privacy, and any other legal or contractual right);
  • Act of impersonating the Company or third party or intentionally spreading false information;
  • Act of using the Service for profit without obtaining prior consent of the Company, act that is deemed mainly for the purpose of wishing to meet and associate with a person of opposite sex or the like, and any other act of using the Service for any other purpose than those that are planned for the Service;
  • Act of giving profits or any other favor to anti-social forces;
  • Act of soliciting to conduct religious activities or join a religious group;
  • Act of gathering, disclosing or providing, without consent, third party’s private information, registration information, use-history information or the like;
  • Act of impeding, or posing a problem to, the operation of the Service by the Company or use of the Service by other Users;
  • Act of supporting or encouraging an act that falls under any of (1) through (9) above; or,
  • Any other act that is judged inappropriate by the Company.

Article 4 (Handling of Content)

In these Terms of Use, “content” refers to text, music, picture, video, program, code or other information, the “Content” refers to the content accessible via the Service, the “Posted Content” refers to the content that is posted/sent/uploaded to the Service by the Users and saved in the server controlled by the Company, and the “Open Posted Content” refers to the Posted Content that can be browsed or accessed by other Users in general in the Service.

A User shall retain the rights to the Posted Content including the Open Posted Content as before, and the Company shall never acquire such rights; provided, however, that, by using the Service, the User is deemed to have granted to the Company the rights to use the Open Posted Content (including the rights to reproduce, put on stage, play, screen, publicly transmit, publicly convey, dictate, exhibit, distribute, assign, lend, translate, adapt and alter (within a scope deemed necessary by the Company for business purposes) the piece, regardless of for profit or not. Furthermore, these rights (including the right to re-grant to a third party) are deemed to have been granted free of charge and indefinitely, and without limitation on regions, and the Company acquires such use right. In this case, the User is deemed to have agreed not to exercise moral rights of author concerning the Open Posted Content against the use within the above scope by the Company or any third party designated by the Company.

Any User may not use the Content beyond the modes of use obviously planned for the Service (including such act as reproduction, transmission, reprint and alteration); provided, however, that it shall not apply in the case where prior consent of the Company and the Content right holder has been obtained.

When it is necessary to check the status of compliance with laws/regulations or these Terms of Use, the Company may confirm the contents of the Posted Content; provided, however, that the Company is not liable for making such confirmation.

When it is deemed by the Company that a User has breached or may breach laws/regulations or these Terms of Use with respect to the Posted Content, or when it is otherwise necessary for operational reasons, the Company may make the Service or Posted Content unavailable through such means as deleting the Posted Content from the sever managed by the Company without any notice to the User in advance. For that reason, the Users are advised to prepare and keep a backup of the Posted Content at all times.

Article 5 (Indemnification to the Company)

When the Company suffers, directly or indirectly, some damage, loss or burden of expenses (including that of legal expenses) stemming from the use of the Service by a User in violation of laws/regulations or these Terms of Use (including a case where the company receives a claim of such effect from a third party), the User must immediately provide indemnification or compensation in accordance with a claim by the Company.

Article 6 (Provision, No Guarantee, Change and Discontinuation of the Service)

When using the Service, a User must provide the required personal computer, mobile phone handset, communication equipment, operation system, communication means, electric power or the like at the User’s own expense and responsibility.

The Company may limit the Users who are allowed to use the Service to those customers who meet the criteria that are judged necessary by Company, including membership registration or not, age, identification or not, or the like.

The Company may post in the Service ads of the Company or third party.

When judged necessary by the Company, the Company may, without making prior notice to the Users and at any time, change the contents of the Service in whole or part, or discontinue the provision of the Service.

The Company does not guarantee that the Service (including the Content) does not contain any virtual or legal defect (including, but not limited to, safety, reliability, accuracy, integrity, effectiveness, compatibility with specific purposes, security-related defect, error and bug, and infringement of rights). The Company is not liable for eliminating such defect and providing the Service for the Users; provided, however, that, when the contract concerning the Service offered for fee between the Company and the User (including these Terms of Use) is a consumer contract prescribed in the Consumer Contract Act, the Company’s liability to compensate for the loss the User suffered due to hidden defects of such Service shall not be exempted entirely. For the compensation for the loss of such case, the provisions of Article 7, Paragraph 2 shall apply mutatis mutandis.

When a User is found to be using the Service in violation of these Terms of Use, the Company shall take measures that are judged necessary and appropriate by the Company. However, the Company does not guarantee the Users and third parties that a User or any other person does not breach these Terms of Use. Furthermore, the Company is not liable for preventing, or providing remedy for, such breach for the Users or third parties.

Article 7 (Exemption of Company’s Obligations)

The Company shall not be liable whatsoever for any loss a User suffers that stems from the Service; provided, however, that the exemption provision of this paragraph shall not apply in the case where the contract for the Service between the Company and the User (including these Terms of Use) is a consumer contract prescribed in the Consumer Contract Act.

前Even in the case of the proviso of the preceding paragraph, the Company shall not be liable whatsoever for the loss that stemmed from a special circumstances (including the case where the Company or the User foresaw or was able to foresee the loss), out of the losses the User suffered due to default or illegal act caused by negligence of the Company (excluding gross negligence; the same hereinafter in this paragraph). Furthermore, for the losses the User suffered due to default or illegal act caused by negligence of the Company, the upper limit amount of damages shall be as prescribed below:

  • For the loss the User suffered which stemmed from the Service offered for fee, the amount of the usage fee the Company received from such User in the month in which such loss occurred.
  • For the loss the User suffered which stemmed from the Service offered free of charge, the amount of the line fee which was incurred in the month in which such User suffered such loss while using the service.

Article 8 (Withdrawal, Suspension of Use, etc)

Any user who has registered as a member of the Service may, at any time, delete the account and withdraw. In this case, the information on the User him/herself retained by the Company shall be disposed of pursuant to the Act on the Protection of Personal Information, other laws concerned and the Privacy Policy. Further, the right to use the Open Posted Content that the Company acquired pursuant to Article 4, Paragraph 2 shall remain effective even after the withdrawal by the User.

When a User is found to have breached or potentially breach these Terms of Use, the Company may, without making prior notice to the User, suspend or abolish the account.

Please be advised that, for any User who logs in to the Service using an account provided by any other business operator (hereinafter, referred to as the “Other Company’s Account”), when such Other Company’s Account is no longer validated by the operator that provided it through such means as deleting such Other Company’s Account, the Service may not be available by logging in using such Other Company’s Account.

Article 9 (Method of Notice or Communication)

Notice or communication from the Company to the User concerning the Service shall be made by posting in an appropriate section of the website run by the Company or any other method that is judged appropriate by the Company.

Notice or communication from the User to the Company concerning the Service shall be made by sending the inquiry form that is made available in an appropriate section of the website run by the Company or any other method specified by the Company.

Article 10 (Relationship with Individual Terms of Use)

When there is any document concerning the Service distributed or posted by the Company with such titles as “Terms of Use”, “Guideline” or “Policy” (hereinafter, referred to as the “Individual Terms of Use”) separate from these Terms of Use, the Users must use the Service pursuant to the provisions of the Individual Terms of Use, in addition to these Terms of Use.

When any provision is found to be contradictory between the Individual Terms of Use and these Terms of Use, the Individual Terms of Use shall take precedence only for the contradictory sections.

Article 11 (Revisions to These Terms of Use, etc)

When judged necessary by the Company, the Company may, without making prior notice to the Users and at any time, revise these Terms of Use and the Individual Terms of Use. These Terms of Use and the Individual Terms of Use after revision shall come into force as of the time of being posted in an appropriate section of the website run by the Company, and by continuing to use the Service after the revisions to these Terms of Use and the Individual Terms of Use, the User shall be deemed to have given consent to these Terms of Use and the applicable Individual Terms of Use after revision validly and irrevocably. Since the Company will not notify the details of such revisions individually to the Users, when using the Service, please refer to the latest version of these Terms of Use and the applicable Individual Terms of Use as needed.

Article 12 (Governing Law and Jurisdiction)

For these Terms of Use, the original text shall be in Japanese and the governing law shall be the Japanese law. For any dispute between the User and the Company stemming from, or relating to, the Service, the Tokyo District Court or the Tokyo Summary Court shall be the court of exclusive jurisdiction for first instance. Ruling in favor obtained such court of jurisdiction shall be enforceable at a court of any country.