FC2 Terms of Use

ARCHIVED 2022-04-04, DATE APPROXIMATE · VERSION 20220404_rev01 · COMPARED WITH 20210510_rev01

Full text changes — 20210510_rev01 to 20220404_rev01

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

 . Conditions of Use of Adult Content
 . Adult Content on Our Services is only permitted to be viewed by those of the age of 18 or over. Viewing by Users and Members below the age of 18 is prohibited.
 . Publishing of Adult Content shall be restricted to the Adult areas within Our Services.
 . Publishing Adult Content on Our Services that includes performers, subjects and models etc. that are under the age of 18, or cannot prove that they are above the age of 18, is prohibited.
+#### 6\. Limitation of Liability
+#### 6\. Uploading of Adult Content
+Users who upload Adult Content within Service must submit the following documents to FC2 by the specified method.
+. Identification documents
+. Users who post Adult Contents are required to submit an identification document issued by a public institution to FC2.
+. The execution of following written agreement with FC2
+. A written consent for appearing in Adult Content is recorded with depicted performer on the Adult Content
+. Age of depicted performer of the Adult Content is verified using identification document issued by a public institution, and said copy is stored
+. A written consent to allow the public distribution of Adult Content to FC2, sites related to FC2, the whole internet is recorded with depicted performer
+. If the Adult Content is available for download, a written consent to allow downloading of said content by the public is recorded with depicted performer
+. When FC2 deems necessary, either the prompt(within 3 business days) submission of documents confirming 1 to 4 above, or prior registration of documents to our system for FC2 to verify is required.
+. If the material provided by the right's holder (including copyright holder, affiliate site, distribution site, sales site, etc.) is posted for sales promotion, the consent from the right's holder must be obtained. In addition, confirmation of the material whether 1 to 4 has been verified by the right's holder, and the content does not violate the FC2 Terms of Service is required before posting. If any doubt arises, documents verifying 1 to 4 must be promptly(within 3 business days) submitted to FC2.
+. If you would like to distribute third-party contents after receiving its distribution right, you must confirm the whereabouts of documents 1 to 4 from the copyright holder, and if any doubt arise, promptly(within 3 business days) submit documents verifying 1 to 4 to FC2.
+#### 7\. Limitation of Liability
 FC2 takes absolutely no responsibility for any of the following.
 . 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 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.
 . 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 premium 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. The same applies to third parties providing contents through Our Services. Please use Our Services with a full understanding of these Terms of Use.
 . 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 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 finds it necessary to disclose such information in order to restore or prevent a reduction in FC2's SEO, Service Quality etc.; due to actions or conduct conducted by a User or Member.
 . FC2 accepts no responsibility for any damage or losses incurred to Users accessing external links posted on Our Services' content 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.
 . In the case that a User creates merchandise and/or other salable Content on Our Services 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.
 . 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
+#### 8\. 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
+#### 9\. 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.
+#### 9\. Discontinuation of FC2 Service(s)
+#### 10\. Discontinuation of FC2 Service(s)
 . FC2 retains the right to modify Our Service(s) without forewarning Users.
 . 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.
 . 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).
 . 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.
+#### 10\. Guarantee Limitations
+#### 11\. Guarantee Limitations
 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.
 . 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).
 . Provision of security methods to secure against the above 3 items.
+#### 11\. Force Majeure
+#### 12\. 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
+#### 13\. Disputes
 . 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
+#### 14\. 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.
+#### 14\. Revision of our Terms of Use
+#### 15\. Revision of our Terms of Use
 . 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.
 . The latest version of these Terms of Use shall be deemed to have been agreed to while FC2 is still being used.
+#### 15\. Refunds and Returns Policy
+#### 16\. Refunds and Returns Policy
 . As for charge to use the FC2 premium services and payment, you are to follow regulations fixed by these terms of use or those fixed for each FC2 premium service.
 . You are to bear commission, tax or lump-sum payment for each premium service.
 . When the payment for the initial registration or renewal is not made until the specified date, we consider that you do not intend to register or renew your premium membership and will terminates the contract.
 . Even if we cannot collect a charge from a card company or its agency, you must agree to make a payment charged by us.
 . When you approve billing to the credit card you specified, (we receive advance payment from a credit card company), we consider that you accept not only the billing you approved but also all the billing form the FC2 premium services you use (until the user cancels the premium services and cancellation procedure is completed) as long as the credit card is valid. In order to use a credit card, you must agree to this clause.