FC2 Terms of Use

ARCHIVED 2011-06-08, DATE APPROXIMATE · VERSION 20110608_rev01 · COMPARED WITH 20101206_rev01

Full text changes — 20101206_rev01 to 20110608_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

 ### General Rules
+The FC2 Terms of Use (these terms of use) are agreement between the FC2, Inc (FC2) and all users including members (you) regarding use of each FC2 service (this service) and FC2ID. These terms of use were established in order to make operation of this service clear and efficient. Before you start using this service, you must agree to the basic guidelines. To use other services, you must also agree to the terms of use which are shown when registering. The purpose of these Terms of Use is to promote a set of rules which all members and users must adhere to.
+These terms (Hereby referred to as the "Terms of Use" or "This Document") constitute an agreement with FC2, Inc (Hereby referred to as "FC2") and all concerned, in relation to FC2ID and all FC2 Services (Hereby referred to as "Our Service(s)" or "FC2 Service(s)"), to make our operation methods more clear and efficient.
+When using Our Services, you automatically agree to our guidelines, and agree to the Terms of Use that display when registering to each individual service.
+Those wishing to use Our Services, consent to the terms within This Document when applying to register. Those registered to use an FC2ID (Hereby referred to as or "Member(s)"), or all those (including Members) who potentially use any of Our Services (Hereby referred to as "User(s)") consent to holding full liability.
+### Basic Guidelines
+### Fundamental Guidelines
 \. Privacy Policy
+Please see [for Plivacy Policy.](http://fc2.com/en/privacy.html)
+Please refer [here](http://fc2.com/en/privacy.html) to see our Privacy Policy
+\. Use of Services
+\. Using Our Services.
+. Registration for FC2ID
+    Before using this service, you must agree to these terms of use and apply for use of the FC2ID (ID). Both ID registrants (members, you) and general users with no ID (users, you) must use this service on their own responsibility.
+. FC2ID Application and Consent
+    An FC2ID application constitutes FC2 lending a UserID and password, necessary for use of Our Service. However, in the event that information supplied by the User during application contains falsehoods, or in the event that FC2 concludes that a User's use of FC2ID is inappropriate, FC2 retains the right to cancel any Members' FC2ID. FC2 is not obligated to notify the Member about the cancellation.
+. Use of FC2ID
+    You will be assigned a User ID and a password upon the completion of registration process for FC2ID. Please understand that you must not provide us information that is untrue, inaccurate, not current or incomplete. If you provide false information or if FC2 concludes that you should be refused to use FC2ID, your account may be terminated even after registration has been accepted. In such case, FC2 does not have an obligation to notify you about the termination.
+. Notice and Contact
+    FC2 will notify users about necessary information, in a matter FC2 considers appropriate, including through our website or e-mail etc.。 When such notices are sent by email or over our website, they may come into effect from the point they were sent. Users do not retain any right to refuse emails from FC2, and Users are obligated to inform us of any change in contact email address, immediately. Users acknowledge that FC2 does not accept contact by phone, fax or visitation. All notices which require replies must be replied to within one week. If FC2 does not receive a confirmed reply within this period, FC2 retains the right to freeze and/or cancel Users' account(s).
+. Communications
+    FC2 may periodically inform of updates or changes through our website or e-mail. Such notification comes into effect when posted on the web or sent to members. FC2 members cannot reject notifications through e-mail and have to let us know when there is a change to e-mail address. Should you have any concerns or questions, please email us. However, we do not accept any contact via phone, FAX or visitations.
+. Registered E-mail Address, User ID and Password
+    Users are held fully responsible for their registered email addresses, User Ids and Passwords. By applying, Users agree that FC2 cannot be held accountable for any loss or damage caused by a User's mistake and/or inproper use by a third party. Furthermore, FC2 is not obligated to reissue Users' email address, User ID or password.
+. Registered E-mail Address, User ID and Password
+    You are responsible for maintaining the confidentiality of your e-mail address, user ID and password. FC2 will not be liable for any losses or damages
+    arising form your failure to comply with this requirement. FC2 will not be responsible for reissuing e-mail address, user ID or password either.
+. Transfer/Sale of Service Privileges
+    Users are in no way permitted to sell, transfer or loan their service privileges to a third party without expressed approval from FC2.
+. No Resale of Service
+    You must agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service without permission from FC2.
+. Access
+    All Users are required to have Internet access in order to use FC2 services. This Internet access will need to be installed and maintained at the User's own expense. FC2 is in no way responsible for arranging Internet access for Users.
+. Requirements
+    You need to access to the internet in order to use FC2ID. FC2 will not be responsible for any costs or expenses incurred from the use of Internet.
+. Traffic and Domain
+    FC2 retains the right to set and alter limitations to file sizes, savable domain space, and data transfer on its services, where otherwise undefined, and may do so at our own discretion.
+. Correspondence and Transmissions
+    You acknowledge and agree that while FC2 may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the services or on the amount of storage space used for the provision of any service, such fixed upper limits may be set by FC2 at any time, at FC2's discretion.
+. User Content
+    Members retain copyright and other privileges for all original, accessible information and creations on forums, blogs, websites and other FC2 services that they themselves create (Hereby referred to as "User Content" or "Content"). All User Content may be used, edited, translated, published, performed, presented, promoted or distributed by FC2 unconditionally. This is essential for the continual running of FC2 Services. Users express their consent by agreeing to these Terms of Use.
+. Users' Creations
+    You retain copyrights and any other rights for all the things you have created (contents) on or through their sites such as BBS or blog. By submitting, posting or displaying the contents, you give FC2 an absolute license to edit, translate, publish, perform, publicly display, promote or distribute any content which you submit, post or display on or through, the services. You understand such a license is crucial for FC2 in order to run its services.
+. Third Party Contents
+    Users and/or Members may use, trade or download software from third party individual or business services when using Our Services. In this case the User must have permission or an agreement with the third party, separate from This Document. This Document has no legal affect on said separate agreement.
+. Contents Offered by a Third-Party Company
+    When you use this service, you may sometimes use a service offered by another person or company, purchase goods or download a piece of software. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. These terms do not affect your legal relationship with other companies or individuals.
+\. Pay-for-use Services and FC2 Points
+\. Pay services and FC2 points
+Users who use FC2 Pay-for-use Services (Hereby referred to as "Pay Service(s)") and/or FC2 Points, agree to the["FC2 Point Terms of Use"](http://help.fc2.com/point/tos/en) (also referred to as the "FC2 Pay Services Terms of Use").
+Before you use FC2 pay services and FC2 points, you must agree to the ['FC2 point terms of use'](http://help.fc2.com/point/tos/en).
+\. Prohibited Conduct and Bans
+\. Bans
+. FC2 expressly prohibits the following conduct on Our Services. FC2 retains the right to ban, without warning, any User who has engaged in prohibited acts or conduct; and may demand compensation or reparations from any User who caused any form of damage to FC2 or a third party. Also, FC2 Pay Services may be terminated without any repayment of the remaining contract period.
+. Breaching the trust of, or defaming other Users or third parties.Infringing others' Privacy rights, Image rights etc.
+. The following is strictly prohibited. If your violation is detected, your membership will be terminated without advance notice. If FC2 or a third party sustains any losses or damages, the member or user concerned is liable for the compensation. If FC2 terminates your membership because you have breached the agreement, you shall not be entitled to the refund of any unused portion of subscription fees. You agree not to use FC2 services to:
+. defame other users or any third party, or violate their privacy rights, publicity rights of portrait or any other rights.
+. Infringing on other Users' and/or third parties' industrial property rights (patents, trademarks etc.), copyright, trade secrets and/or intellectual property rights.
+. violate other users' or any third party's intellectual property rights such as industrial property rights (patent rights, trademark rights), copyrights or business secrets.
+. Uploading or posting unlawful content, and/or supporting illegal activity.
+. post and show anything that is against laws or solicit or encourage illegal acts.
+. Maintaining content which violates local, regional, national, or international law; in particular that which violates Japanese or US law.
+. be against regional, local, national or international, especially Japanese and US laws.
+. Depictions and/or conduct that go against public order or are immoral. Publishing and/or releasing vulgarities, in the form of video, audio, image, text etc. against other Users and/or third parties; or assisting in such an act.
+. be against public order and decency. You may not show other users and any third party obscene images, pictures, sounds, character strings or encourage such conduct.
+. Hindering, interfering with, disturbing or blocking the use of Our Services to other Users, or engaging in conduct or performing actions which cause difficulty for others; or assisting in such an act.
+. disrupt running and offer of FC2 services or other users' or users' use of FC2 services. You may not do or encourage anything that could be troubles to FC2 services, members or users either.
+. Engaging in discrimination against individuals, specific groups, government organizations, nations, products, political administrations, religions, ideas, ideologies etc. ; or engaging in slander or libel or any similar act that causes defamation to others; or assisting in such an act.
+. discriminate any particular individual, group, government organs, nation, product, political system, faith, ideology, doctrine or others. You may not do or encourage these kinds of conducts either.
+. Claiming to be another individual, business or organization, regardless of whether or not such an entity actually exists; and/or falsely claiming to be partners and/or in collaboration with an organization or business; or other such acts.
+. impersonate any person or entity. You may not falsely state or otherwise misrepresent your affiliation with a person or an entity.
+. Publishing or posting defamatory content or information which could potentially lead to damages to FC2 or FC2's business partner(s).
+. post or show messages or comments on an individual's privacy or violate anyone's publicity right of portrait.
+. Violating another's privacy rights by posting or publishing private information about that individual, or violating another individual's image rights.
+. disrupt, damage or put restrictions on functions of FC2's or other user' computer software/hardware or others, or encourage these kinds of conducts.
+. Acting in such a way as to place burden on FC2's server(s); disrupting, damaging, limiting or interfering with FC2's or others' computer software, hardware capabilities etc. or assisting in such an act.
+. upload, copy, post, email, or otherwise transmit any unsolicited contents continuously or repeatedly.
+. send or show child pornography, bestiality contents or obscene or violent text or images. You may not encourage these kinds of conducts either.
+. Posting the same, or similar, post or comment repeatedly. Spamming and/or trolling or other such acts.
+. Engaging in conduct which is detrimental to the healthy development of, or causes harm to minors (child pornography, bestiality, obscenity, sending or posting violent images or text ), or anything that promotes or assists such conduct.
+. do anything unlawful or illegal business through this service.
+. Giving advanced notice of crimes or of actions leading to crime, or posting threatening information which can be viewed by an unspecified number of people.
+. build a pyramid scheme or any other form of solicitation.
+. Using Our Service(s) as a medium to do illegal business.
+. resell this service to any third party.
+. Establishing or recruiting people into pyramid schemes or other similar acts.
+. disrupt our communications system, networks, communication infrastructure for the normal operation.
+. Selling or attempting to sell Our Service(s) to a third party.
+. remove or hide FC2 ad spaces or make a change to its position, color, size or ad display code.
+. do anything considered inappropriate..
+. Using, registering or upgrading mass amounts of software or programs, causing high access, and preventing our service from operating as intended.
+. Whether you are violating these terms or not depends on our judgment.
+. Deleting or concealing FC2's advertising apace, or altering the position, color, size, code or other such properties of advertisements.
+. Engaging in any other action which FC2 deems to be inappropriate.
+. Users are forbidden to publish or post any of the following kinds of text, image, music, video etc.
+. violates any third party's ownership, copyright, intellectual property right, trademark right or publicity right. Even in the event that such data is set as private or limited in its Exposure Settings, applicable data is considered a violation the moment it arrives on FC2 Server(s).
+. Content, including music and images, that a third party owns the property rights, copyright, intellectual property right, trademark or publicity rights to.
+. Content which violates another's privacy and/or image rights.
+. Defamatory or libelous content.
+. Immoral or obscene content. Content which goes against public order.
+. Content that contains excessive solicitation into religion, excessive advertising or unscrupulous business methods, such as fraud.
+. Discriminatory content based on race, religion, ethnicity or gender.
+. Content that facilitates and/or supports criminal activity, including but not restricted to vandalism, suicide, illegal drug use, burglary etc.
+. Violent and/or obscene content.
+. Child pornography, child prostitution or similar content.
+. Any other content which FC2 deems to be inappropriate. FC2 retains the right to deem what counts as a violation.
+. Pay Service Guidelines
+. Members who have been deemed to have violated the Terms of Service and have their accounts frozen or canceled, will also have their contracts canceled. Even if this occurs before a contract is due to finish, the remaining money will not be refunded.
+. If a User(s) uses Our Service(s) maliciously or takes advantage of a system malfunction to commit violations; or uses Our Service(s) inappropriately, in such a manner that FC2 loses money, FC2 may demand financial restitution from the corresponding User(s) based on the damages inflicted.
 \. Limitation of Liability
+FC2 is not liable for the following.
+FC2 takes absolutely no responsibility for any of the following.
+. All users including members (you) agree and acknowledge that they are liable for all the contents (user contents) they create through this service, compensation for damages or lawsuit costs arising from their use of our services. You are not allowed to post anything that is against Japanese or US laws or ordinaces, defames or harasses other people, violates other peoples' intellectual property rights or privacy rights or goes against public order and decency.If you should ever post these kinds of contents, you must promptly remove them. We do not garantee any user contents and do not take on responsibility to members, users or any third party.
+. FC2 is in no way liable or responsible for content that users create themselves on Our Service(s) (Hereby referred to as "User Content" or "Content".) Users retain full statutory liability, including any and all court costs or damage payments due to their User Content. Also, content violating Japanese or US laws and/or regulations, as well as violating others' privacy or intellectual property rights; or libelous, defamatory or intimidatory content; and/or immoral or obscene content is the full responsibility of the User to delete swiftly. FC2 does not take responsibility for any User Content, and is not responsible to Users or third parties whatsoever.
+. You understand and agree that FC2 may discontinue or change its free services with or without advance notice. A service itself may be discontinued suddenly, and also a free service may be changed to a pay service. (We will try to keep providing current services, however we may have to give it up as a result of unavoidable circumstances.) Also we may individually ask a user to stop using our services when we believe we have reasons to do so.
+. FC2 also does not guarantee the continuation of any of Our Service(s) whatsoever. FC2 retains the right to discontinue any or all of our services without forewarning, or to convert previously free services into pay services. (We will endeavor to continue services, but may not be able to due to unforeseen circumstances.) FC2 also retains the right to deny use, without forewarning, in particular cases. Please use Our Services with a full understanding of these Terms of Use.
+. FC2 is not liable for any troubles arising from your use of this service. You must be responsible for all the contents on your account. Even if a troble occurs to a member or a visitor to your site, we are not liable for compensation for damages or others. Especially if you are running a commercial site, you must clearly state your liability to users. You must prevent and deal with troubles all by yourself.
+. FC2 cannot be held accountable for any trouble you experience during use of Our Service(s). Users are responsible for managing their content. As such, if Users are in anyway harmed or experience damage or loss due to another User's Content FC2 is in no way responsible for compensation. This is especially true for Users engaged in business, who are obligated to explicitly specify the contractual relationship between themselves and other Users. All Users engaged in business, using FC2 Service(s), must attempt to prevent or resolve any potential or resulting issues between themselves and others.
+. FC2 has no obligation to monitor or delete user contents. It is you who is responsible for all the contents on your site. Therefore FC2 is not liable for any losses or damages you or any third party sustains due to those contents.
+. FC2 is not obligated to monitor or delete User Contents. Users retain all responsibility for all their Content. FC2 is not accountable for any damage or loss caused to Users or third parties due to any such Content.
+. FC2 may delete your ID or contents without any notice if we believe they get in the way of other members or users.
+. In such cases where a User is harming or causing damage to other Users and/or third parties; FC2 retains the right to delete and/or freeze the applicable User's ID and/or Contents, without forewarning, and at FC2's own discretion.
+. FC2 does not share, sell or rent any of your information such as your name, address, e-mail address, telephone number or fax number (personal information) without your approval, except under following conditions:
+. For judical reasons or police investigation.
+. FC2 will not disclose any personal information that Members/Users present us, such as your address, name, e-mail address, telephone number, fax number, etc. (Hereby referred to as "Personal Information") to other Users or third parties without the consent of the User. However, in the following cases FC2 retains the right to disclose Personal Information to third parties.
+. Public institutions such as courts or the police, lawfully appeal for an inquiry.
+. When we believe it is necessary in order to protect human life or property in emergency situations.
+. There appears to be imminent danger to a person's life, physical wellbeing, and/or property; and FC2 finds an urgent need to disclose the information.
+. When we believe it is necessary in order to provide or enhance a service.
+. The sharing or disclosure of information is found to be necessary by FC2, in order to provide desired Service(s).
+. FC2 may share personal information with trusted third party contractors and service providers who work on behalf of FC2 under confidentiality agreements. FC2 does not grant these third parties any independent right to share your information.
+. FC2 finds it necessary to disclose the information to other company(s) working with us, to better provide Service(s) to Users. (Such companies may not use Users' Personal Information, that FC2 provides them, in anyway that exceeds what is necessary to reach the intention stated above.)
+. When we need to share personal information to enforce the FC2 terms of use or to protect our rights, property or services from violators
+. FC2 finds it necessary to disclose such information in order to protect FC2's legal rights, property and/or Service(s); due to actions or conduct conducted by a User in violation of these Terms of Use.
+. The FC2 services may include hyperlinks to other websites or contents or resources. You acknowledge and agree that FC2 is not liable for any losses or damages which may be incurred by you as a result of the availability of those external sites or resources.
+. FC2 accepts no responsibility for any damage or losses incurred to Users accessing external links posted on FC2's site or in a User's Content. All Users must acknowledge that FC2 can not be held accountable for the security, validity, integrity or accuracy of the information on any external sites.
+. FC2 is not liable for any losses or damages caused by your use or nonuse of our services.
+. In the case that a User creates merchandise and/or other salable Content which violates the Terms of Use, FC2 takes no responsibility for the freezing of the offending User's contents or the refunding of money to purchasers.
+\. The Language for These Terms of Use
+. FC2 takes no responsibility for any damages or losses incurred from Users using Our Service(s), Users not be able to use Our Service(s) or Users not using Our Service(s).
+. These terms of use are a translated version of the original one (the Japanese version). You agree that the original version is legally effective.
+\. These Terms of Use
+. When there is a difference or a contradiction between them, the original version comes before the translated version.
+. This Document is translated version of the original Terms of Use (the Japanese version). All Users agree and acknowledge that the original Japanese version is legally binding.
+\. Discontinuance of Services
+. If there is any difference or a contradiction between This Document and the original Japanese version, the former will be given priority.
+. FC2 reserves the right to make any changes to its services without advance notice to members and users.
+\. Discontinuation of FC2 Service(s)
+. FC2 reserves the right to discontinue its services due to maintenance or restoration works, uncontrollable reasons such as power failure or natural disasters or other reasons. If that should happen, we inform members and users on the web. But not when it is urgent and impossible to do so.
+. FC2 retains the right to modify Our Service(s) without forewarning Users.
+. FC2 reserves the right to modify or discontinue or stop a part or all of its services at any time. FC2 may delete any content and information from the server. After a service is discontinued, FC2 will be entitled to delete all information in its servers.
+. FC2 may also, due to maintenance, system restoration, power failure, natural disaster or any other Force Majeure; permanently or temporarily discontinue any number of Our Service(s). In such cases we will attempt to notify Users beforehand; but in emergencies we may not be able to.
+\. Limitation of Guarantees
+. FC2 retains the right to modify Service(s), or partially or completely discontinue Service(s) at FC2's discretion, at any time FC2 deems appropriate. When or after a Service(s) is discontinued or erased, FC2 retains the right to deem whether or not to erase all posted data on FC2 servers (or third party servers used by FC2).
+We will try to keep providing current services as stably as possible. However, we do not guarantee the following.
+. FC2 is not liable to any Users, and is not responsible for any damages or losses incurred due to the discontinuation of Our Service(s) for any reason.
+. Constant service operation without a stop.
+\. Guarantee Limitations
+. Complete restoration to its original status after fixing flaws within services.
+FC2 will always try as hard as possible to maintain stability in Our Service(s), business practices, use and effects of use. However, FC2 does not guarantee any of the following.
+. Nonexistence of destructive constituents such as computer viruses.
+. Continual operation. Operation of Service(s) without interruption.
+. Total or complete recovery or restoration of any Service(s) that experiences a defect or bug.
+. That destructive and/or malicious components such as computer viruses do not exist within Our Service(s).
 . Security offer to secure constant service operation and nonexistence of destructive constituents.
+. Even if this service is discontinued, FC2 will not be liable to compensate you for any losses or damages no matter what the cause is.
+. Provision of security methods to secure against the above 3 items.
+\. Exemptions from Liabilities
+\. Exemptions (Force Majeure)
+In case of a natural disaster, authority's ommision, fire, strike, flood, epidemic, riot or war or others, FC2 or people concerned are not responsible for delay or impossibility of performance of these terms in any case.
+FC2 can not be held accountable for not meeting, or being delayed in fulfilling it's obligations in these Terms of Use, in the case of natural disasters, inaction by authorities, fire, strike, flood, pandemic, violence, acts of war or other such circumstances which are reasonably beyond the powers of FC2 to control.
 \. Disputes
+. The laws of state of Nevada, USA are applied to these terms of use.
+. The laws of Nevada, USA are applied to these Terms of Use.
+. All disputes and complaints arising from your use of FC2 services will be resolved by intercession recognized in the state of Nevada.
+. Any disputes resulting from the use of Our Service(s), will be resolved through arbitrary proceedings recognized by the state of Nevada.
+. The disputes and complaints that are not resolved by intercession will be taken into court. In this case, a district court in the state of Nevada will have the exclusive jurisdiction for the first trial.
+. If a resolution cannot be made through arbitration, a Nevada State District Court receives exclusive jurisdiction rights.
+. Expenses for intercession and litigation as well as attorneys' fees must be paid by the person(s) concerned.
+. The parties concerned are responsible for their own legal costs in court and arbitration.
+. Even though the relevant terms are voided and deemed to be impossible to enforce by court, other terms will remain valid and can be applied.
+. If any clauses in This Document are found to be invalid, or otherwise non-binding, by a court; all other clauses will still remain as valid and binding.
+\. Promotions from Advertisers
+\. Advertising
+. You can participate in promotions of advertisers who are using our service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. FC2 assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
+. All business relating to placing advertising on Our Service(s) is the responsibility of Users and corresponding advertisers. FC2 holds no responsibility for any losses or damages suffered, due to the posting of advertising on Our Service(s).
+. You agree that FC2 reserves the right to make changes to ad spaces, positions, periods or specs without any notice.
+. FC2 may modify advertising space, position and/or display duration without forewarning. Users agree to and acknowledge this.
+\. Modifications to the Terms and Provisions
+\. Revision of our Terms of Use
+. FC2 may change the terms of use without your approval according to our own judgment.
+. The revised terms of use will come into effect right after it is shown on the web.
+. FC2 retains the right to alter or revise these Terms of Use at any time, as FC2 deems necessary, without the consent of Users.
+. New stipulations in a revised Terms of Use will come into effect immediately after the Terms of Use have been posted onto the web.
 ## Terms of Use for Each Service
 [Blog](http://blog.fc2.com/en/kiyaku.html)
 [Videos](http://video.fc2.com/en/terms.php)
 [Website](http://web.fc2.com/en/fc2html/kiyaku.html)
+[Analyzer](http://help.fc2.com/analysis/tos/en)
+[Analyzer](http://analysis.fc2.com/en/kiyaku.html)
+[Counter](http://help.fc2.com/counter/tos/en)
+[Counter](http://counter.fc2.com/en/kiyaku.html)
 [Ranking](http://ranking2.fc2.com/kiyaku)
 [Clap](http://help.fc2.com/clap/tos/en/)
 [BBS](http://help.fc2.com/bbs/tos/en/)