FC2 Terms of Use

ARCHIVED 2020-06-27, DATE APPROXIMATE · VERSION 20200627_rev01 · COMPARED WITH 20170216_rev01

Full text changes — 20170216_rev01 to 20200627_rev01

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

 ### General Rules
+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 provided Services (Hereby referred to as "Our Service(s)" or "FC2 Service(s)"), to make our operation methods more clear and efficient.
+These terms (Hereby referred to as the "Terms of Use" or "This Document") constitute an agreement with Papyrus B.V., located in Binderij 7R 1185 ZH Amstelveen, the Netherlands(Hereby referred to as "FC2") and all concerned, in relation to FC2ID and all FC2 provided Services (Hereby referred to as "Our Service(s)" or "FC2 Service(s)"), to make our operation methods more clear and efficient.
 Those wishing to register to use Our Services, consent to the terms within This Document when applying to register to use an FC2ID. 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.
 Users and Members agree to these Terms of Use and the Terms of Use for each Service upon using Our Services.
 ### Fundamental Guidelines
 #### 1\. Privacy Policy
     Users are in no way permitted to sell, transfer or loan their FC2ID and/or service privileges to a third party without expressed approval from FC2, nor may these be shared in a way that detriments 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.
 . 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.
 . 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 edited, translated, published, performed, presented, promoted, distributed or used for any other reason, by FC2 unconditionally. This is essential for the continual running of FC2 Services. Users consent to this.
+    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 edited, translated, adapted, published, performed, presented, promoted, distributed or used for any other reason, by FC2 unconditionally. This is essential for the continual running of FC2 Services. Users consent to this.
 . 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.
+. Agent of Payee
+    By agreeing to FC2 terms of use, you acknowledge that FC2 is providing the payment services and related functionality and technology in support of those services as further described herein (collectively the "Services") to customers (each a "Payor") who desire to make payments to their designated payees (a "Payee"). You also acknowledge that any payment received by FC2 from a Payor for a Payee will be received by FC2 as an agent of the Payee pursuant to this preexisting written contract and that the delivery of the payment to FC2 shall satisfy the Payor's obligation to the Payee.
 #### 3\. Pay-for-use Services and FC2 Points
 Users who use FC2 Pay-for-use Services (Hereby also referred to as "Premium Service(s)") and/or any payment in Our Services that include FC2 Points, agree to the ["FC2 Point Terms of Use"](https://help.fc2.com/point/tos/en) (also referred to as the "FC2 Premium Services Terms of Use").
 #### 4\. Prohibited Conduct and Bans
 . 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.
 . Using Our Service(s) as a medium to do illegal business or commit conduct that runs counter to the law.
 . Engaging in malignant business practices, our excessive solicitation to advertisements or religion.
 . Establishing or recruiting people into pyramid schemes or other similar acts.
 . Selling or attempting to sell Our Service(s) to a third party.
 . Using, registering or upgrading mass amounts of software or programs, causing high access, and preventing our service from operating as intended.
+. Wanton collecting, video recording, duplicating, falsifying, distributing and/or displaying of contents and/or data acquired from Our Services or the use, introduction or suggesting of tools or other means that may promote or encourage these acts.
+. Collecting, video recording, duplicating, falsifying, distributing and/or displaying of contents and/or data acquired from Our Services without permission or the use, introduction or suggesting of tools or other means that may promote or encourage these acts.
 . Inappropriate use or registration of multiple accounts or other conduct that prevents the stable operation of Our Services.
 . Engaging in conduct that is detrimental to FC2 through misappropriate use and/or conducting prohibited actions by taking advantage of bugs, system malfunction etc.
 . Acting by deleting or concealing FC2's advertising space, 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 and Members are forbidden to publish or post any prohibited kind of content such as text, image, music, video etc. 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).
 . FC2 retains the right to deem what counts as a violation.
 . FC2 takes no responsibility for any damages or losses incurred from Users using Our Service(s), Users not being able to use Our Service(s) or Users not using Our Service(s).
 . Our Services are managed and provided by FC2 from equipment within the United States of America. FC2 makes no assertion to the appropriateness or usability of Our Services in regards to their use in regions outside the United States of America. In the event that a User accesses from another legal jurisdiction, shall do so on their own volition, and be totally responsible for legal compliance of their place of access.
 #### 7\. Withdrawal
 . Users can terminate using FC2 Services and withdraw from FC2 membership in accordance with Terms of Use in the way FC2 specified.
 . When you withdraw from FC2ID, you will lose any and all rights such as to use all FC2 Services including getting prizes in campaigns by FC2.
 . Your FC2 Points will become invalid when you withdraw from FC2ID and, FC2 is unable to support any refunds or converting of FC2 Points.
 . FC2 shall not support any reinstatement of any of Our Services after cancellation of the Services.
 #### 8\. These Terms of Use
 . This Document is the original version of the Terms of Use (the English version). All Users agree and acknowledge that the original version is legally binding.
 . If there is any difference or a contradiction between This Document and the translated version, the original version will be given priority.
 #### 11\. Force Majeure
 FC2 can not be held accountable for not meeting, or being delayed in fulfilling it's obligations in these Terms of Use, including but not limited to, cases 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.
 #### 12\. Disputes
+. The laws of Nevada, USA are applied to these Terms of Use.
+. Any disputes resulting from the use of Our Service(s), will be resolved through arbitrary proceedings recognized by the state of Nevada.
+. If a resolution cannot be made through arbitration, a Nevada State District Court receives exclusive jurisdiction rights.
+. The parties concerned are responsible for their own legal costs in court and arbitration.
+. 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.
+. The laws of Netherlands are applied to these Terms of Use.
+. Any disputes resulting from the use of Our Service(s), will be resolved through arbitrary proceedings recognized by Netherlands.
+. If a resolution cannot be made through arbitration, a Netherlands Court receives exclusive jurisdiction rights.
+. A contract may be created between the merchant and cardholder, where in this case, the governing jurisdiction would be Netherland. All disputes resulting from this contract will be resolved through arbitrary proceedings recognized by Netherlands, and not by the above clause. If a resolution cannot be made through arbitration, a Netherlands Court receives exclusive jurisdiction rights.
+. The parties concerned are responsible for their own legal costs in court and arbitration. A contract may be created between the merchant and cardholder, where the governing jurisidiction is Netherlands. All disputes resulting from the contract will be resolved through arbitrary proceedings recognized by Netherlands. if a resolution cannot be made through atbitration, a Netherlands Court received exclusive jurisdiction rights.
+. 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.
 #### 13\. Advertising
 . 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).
 . FC2 may modify advertising space, position and/or display duration without forewarning. Users agree to and acknowledge this.