Terms of Service
This Terms of Service ("TOS") contains terms for when using "問題箱" ("Service") managed by Digitalmonkey Inc. ("Digitalmonkey") which you, the User (will be defined in Section 2), is required to follow, as well as the rights and duties between you and Digitalmonkey. By using our Service, you are agreeing to these terms. Please read them carefully.
Section 1 Application of the TOS
The TOS is applied to all users using all services provided within the Service.
Section 2 Definition
1. Within the TOS, the following words are defined below, and will be defined as below unless specifically defined differently afterwards, or is obvious that the definition does not match its use in the sentence.
(1) The "TOS" includes this Terms of Service as well as other guidebooks with regards to this Terms of Service.
(3) "Guidebook" is a guidebook with regards to this Service, specified by Digitalmonkey.
(4) "User" is an individual who agrees to this TOS and is using our Service.
(5) "Customer Information" is information defined as personal information in Section 2 (1) of the Personal Information Protection Law.
(6) "Contents" are information either published or sent by Digitalmonkey or the User.
(7) "Premium contents" are contents which will be available for use under the TOS once the user has paid the usage fee defined by Digitalmonkey.
2. The definitions in this section will be applied to this TOS as well other guidebooks unless specifically defined differently, or is obvious that the definition does not match its use in the sentence.
Section 3 Registering for Use
1. By registering to use this Service, the registerer is agreeing to the TOS, and will be able to use this Service by providing required information ("registration information") using a method specified by Digitalmonkey.
2. Registration is complete once Digitalmonkey approves the registration by the registerer.
3. If the registerer is underage, the registerer will use this service after obtaining the consent from a legal representative such as a parental authority, in advance. If the registerer is underage, Digitalmonkey may contact the users’ legal representative to confirm the approval. If the registerer receives such request for confirmation, the registerer much answer quickly the questions asked by Digitalmonkey.
4. Registered Displayname,ID and Icon are always listed publicly,including on profile page and search results.
5. Under Section 1, Digitalmonkey will deny the registration if deemed that the registerer applies to the following. Digitalmonkey will not disclose the reason for denying registration, and Digitalmonkey does not owe any duty to disclose such information. Furthermore, Digitalmonkey has the right to cancel the registration and suspend the account if Digitalmonkey determines that the User applies to the following.
(1) If Digitalmonkey decide that the individual has violated this TOS, or if the registerer has violated this TOS in the past.
(2) If there are any false/missing information in the registration information provided to Digitalmonkey
(3) If the individual has been suspended from using this Service in the past
(4) Anti-Social Forces (an organised crime group, member of an organised crime group, a related company or association of an organised crime group, and any other equivalent individuals of the above), or individuals who cooperate and is involved with the maintenance or operation of any Anti-Social Forces by providing funding to any Anti-Social Forces or any similar act, or individuals who is engaged in a relationship with the Anti-Social Forces (if Digitalmonkey decides there is a relationship)
(5) Any minor, adult ward, or person under curatorship who use this Service without the consent from either a legal representative, guardian, curator, or a limited guardian
(6) When Digitalmonkey has decided that registration is not appropriate for other reasons
Section 4 Management of Account Information
1. Users are responsible for storing the User ID and Password ("Account Information") for this Service, and cannot allow another person to use the account, or lend, give, change the name, or buy/sell the accounts.
2. Digitalmonkey will not be responsible for any damages from miss-management, mistake during use, allowing use to a third party, etc. of the Account Information.
3. Users should notify Digitalmonkey immediately when the User realises that either the Account Information has been compromised or the account is being used by another person, and follow any instructions by Digitalmonkey.
Section 5 Prohibited matter
1.In connection with the use of this service, Digitalmonkey prohibit acts (hereinafter referred to as "prohibited items") that Digitalmonkey determines as corresponding to the following items, and users agree that they shall be determined to be in violation of this Agreement to perform any act that falls under the Prohibited Item regardless of whether there is willful or negligence. When determined as to fall under prohibited item,Digitalmonkey may take measures such as deletion of the users’account and change and deletion of contents.
(1) Act of discrimination or slander against any individuals or companies, fictional characters, or any other third parties
(2) Fraud, promotion of substance abuse or violation of any other laws, public order, morality, or this TOS
(3) Religious activities, solicitation, assistance of suicide, etc.
(4) Infringe privacy of other users or a third party, damage honor, give mental damage
(5) Act of physical damage or mental damage to other users or a third party.
(6) The act of putting a burden on the server of this Service beyond the normal range, the act of hindering the network / system, operation of this Service, or the case where Digitalmonkey determines that there is a risk
(7) External redistribution of submitted information or contents from this Service without permission
(8) Act of infringing the property, privacy or portrait rights of a third party, or action with the risk of infringement
(9) Any other actions which Digitalmonkey deemed inappropriate
Section 6 Deletion of Account by User, etc.
1. A User may delete its account, when Digitalmonkey accepts the request, by notifying Digitalmonkey using set procedures.
2. Regardless of the above clause, if there’s any earning by the user which has yet to be paid, the user cannot delete their account and must contact Digitalmonkey using the method set by Digitalmonkey.
3. The user agrees that, once the user has deleted their account, the user will no longer be able to see the contents (including the premium contents), even if the user recreates their accounts, contents from the old account will not be restored, and Digitalmonkey is not hold responsible for saving the contents once the user deletes their account.
Section 7 Use of Customer Information
4. When handling personal information etc. obtained through this service, the User shall comply with laws and other laws concerning the protection of personal information.
Section 8 Right to Submitted Data
1. All ownership rights and intellectual property rights relating to this Service belong to Digitalmonkey or those who license to Digitalmonkey, and the license for use of this Service based on the registration stipulated in this agreement is stated in this contract. This does not imply the assignment or license of intellectual property rights of Digitalmonkey or any person who licenses to Digitalmonkey concerning this Service. The user may not do such acts (including, but not limited to, disassembling, decompiling, reverse engineering) that may violate the intellectual property rights of Digitalmonkey or a person licensing to Digitalmonkey for any reason.
2. In this Service, we have the right to freely use (copy, duplicate, modify, re-license to a third party, and any other use) content that users posted or otherwise transmitted.
3. Content posted on this Service (including but not limited to contents provided by Users) shall not be quoted, reprinted or commercialized at all without prior permission. However, to the extent adequate described in Article 32 of the Copyright Law, quotation is permitted if the following requirements are satisfied.
(1) To quote the contents of the Service to complement the contents of news reports, research presentations, etc. (We do not allow you to use it without needing to refer to the original article such as abstract)
(2) Describe the name of this Service and the URL of this Service as the origin
(3) Enclose with "" etc. so that quoted parts are known
1. All responsibilities relating to contents transmitted or posted in connection with the Service by the User, etc. shall be borne by the User, etc., and Digitalmonkey will not check the contents, quality, accuracy, authenticity, legality, freshness, usefulness of the information. In addition, Digitalmonkey will not guarantee the above, and will assume no responsibility.
2. Users, etc., is responsible for determining the quality, accuracy, authenticity, legality, up-to-date, usefulness, etc. of contents sent or posted by other users. Digitalmonkey is not responsible for any damages caused by users or third parties using the contents.
3. Digitalmonkey is not obligated to back up the contents. The User shall do so with his / her own expense and responsibility if it is necessary to back up the contents.
4. Digitalmonkey reserve the right to change and delete any content posted by the User without notice if Digitalmonkey determines that the User has performed inappropriately when comparing to the spirit of this TOS.
Section 9 Usage Fee and Payment Method
When a user wishes to use the premium content, the user must pay a usage fee through a payment method set by Digitalmonkey. Should Digitalmonkey decides to stop the premium content, unless determined by the law, Digitalmonkey will not pay back the usage fee.
Digitalmonkey will not issue a receipt for the payment occured in order to use the premium content. In the future, Digitalmonkey may change the usage fee or the payment method in order to use the premium content. When doing this, Digitalmonkey will notify the users in advance through this service. The change will come into effect once on the date written in the notice.
Section 10 Use of the premium content
1. Users may use the premium content once the user has paid the monthly usage fee.
2. The fee differs depending on the premium content. Please refer to the usage fee within each premium contents.
3. For whatever reason, including but limited to a mistake in the credit card information, credit card going out of date, exceeding the monthly limit, etc, if the payment using the third-party payment agency has not been completed, Digitalmonkey or the payment agency may contact the user in order to remind the user to pay the usage fee. If the user gets reminded to pay, the user must quickly register a usable credit card or with another payment method provided by the payment agency.
4. If the user, using the premium content, has unpaid usage fees (excluding payments to the third-party payment agency which has yet to meet the deadline date), Digitalmonkey may stop the use of the premium content to that specific user.
5. The contract to use the premium content will start once Digitalmonkey confirms that the payment has been completed.
6. The date which the user can use the premium content, will be 1 month from the date Digitalmonkey confirms the payment (“purchase date”).
7. The subscription status for the premium content will be automatically updated unless the user cancels the subscription 24 hours before the date 1 month after the purchase date (“renewal date”). However, if the payment has not been confirmed by Digitalmonkey, the subscription will be terminated at the renewal date.
8. If the user requests to cancel the subscription, the subscription will be terminated at the renewal date. The usage fee will not be calculated based on the number of the days past the purchase date. However, if the request for cancellation exceeds the 24 hours before the renewal date, cancellation will be processed in the next renewal date.
9. If the user either deletes their account or the account gets deleted, even if the account is within the date of the subscription, the user will lose the right to use the premium content. The user agrees that Digitalmonkey will not contact that user of this when the user deletes their account.
10. The user agrees that once the contact to use the premium content has terminated, either by the user cancelling or by another reason, A. the user will no longer be able to view the premium content, B. even if the user decides to resubscribe, the user will not be able to view contents from the previous subscription, and C. Digitalmonkey will not be held responsible for saving premium content date once the contract has been terminated.
Section 11 Transition to Another Service
1. When using the service, there may be a case where this service is moved within the company group or to a third-party service (defined in Article 10). The User agrees to agree with this TOS as well as the third-party TOS in advance, when using this Service.
2. Users who have continued to use this service after transition to third-party services shall be deemed to have agreed to the terms of service of third-party services etc. Digitalmonkey will not guarantee anything about third party services and will not be held liable for any damages caused by the use of third party services by users and third parties.
Section 12 Suspension of the Service, etc.
1. Digitalmonkey shall be able to stop or suspend the use of this service in whole or in part without notifying the User in advance if it falls under any of the following.
(1) In case of periodic or urgent inspection or maintenance work of the computer / system related to this Service
(2) When computer, communication line, etc. cease due to an accident
(3) When the Service can no longer be operated due to force majeure such as fire, power failure, natural disasters, etc.
(4) If a service provided by a third-party which is used to operate this Service, encounters a problem, the service itself is suspended or the link between our Service and the third-party service is stopped, or when there is a change in specifications.
(5) In the event that Digitalmonkey judge that the suspension is necessary
2. Digitalmonkey may terminate the provision of this Service at our convenience. In this case, we will inform the User in advance.
3. Digitalmonkey is not liable for any damages caused to users based on measures taken by us under this section.
Section 13 Cost of Equipment, etc.
1. The preparation and maintenance of computers, software and other equipment, communication lines and other communication environments necessary for receiving the provision of this Service shall be made at the expense and responsibility of the User.
2. The User shall take security measures such as prevention of computer virus infection, unauthorized access and prevention of information leakage at their own expense and responsibility according to the usage environment of their own service.
3. We are not obligated to store such information even if we have stored messages and other information sent and received by Users for a certain period of time and we can delete these information at any time. In addition, Digitalmonkey is not responsible for any damage caused to Users based on deletion of such information.
4. When the User installs software when starting to use this Service or while using this service, Digitalmonkey will pay sufficient attention so as not to cause any equipment failure or damage, loss of information held by the User etc. Digitalmonkey is not responsible for any damages caused to the User.
Section 14 Denial of Warranty and Disclaimer
1. Digitalmonkey does not guarantee the contents, quality and level of this Service, the stable provision of this service, the result of using this service, etc. This service is provided on an as-is basis and we do not guarantee this Service at all, including conformity to a specific purpose, commercial usefulness, completeness, continuity etc.
2. Even if the User obtains some information about the Service, other users of the Service, and other matters directly or indirectly from Digitalmonkey, Digitalmonkey will not guarantee outside of the range of this TOS.
3. Although this service may cooperate with third party services, Digitalmonkey does not guarantee such cooperation, and will not assume any responsibility even if the cooperation with third party services fails.
4. In the case where the Service is in cooperation with a third-party service, the User shall comply with the terms and conditions of the Third-Party Service with its own expenses and responsibilities, and should there be any disputes between the User and the business that operates the Third-Party Service, Digitalmonkey will not take any responsibility for the dispute etc.
5. The user shall investigate whether using this service violates applicable laws and regulations applicable to users based on their own responsibility and costs. Digitalmonkey does not guarantee at all that it conforms to the law or the like applicable to the User.
6. Transactions, communications, disputes, etc. arising between users and other users, business operators of third party services and other third parties in connection with this service shall be processed and resolved at the User's responsibility, and Digitalmonkey will not be held liable for any such matters.
7. The Company may suspend, terminate, disable or change the provision of the Service by the Company, delete or lose the user's message or information, cancel user's registration, lose data due to the use of this Service, but will not be held responsible for any damage incurred by users in connection with this Service.
8. Even if a link from this Service to another website or a link to this Service from another website is provided, we assume no responsibility for any information provided outside of this Service.
9. We are not liable for any damages suffered by the User in connection with this Service. Even in cases where the Company is liable for damages against Users due to the application of the Consumer Contract Law or for other reasons, our liability for damages is limited to Article 13 in the past month from the time of the occurrence of the cause of the damage, based on the total amount of usage fee of this service actually received by Digitalmonkey from the User.
10. In order to promote the healthy and safe use by the underage users, to prevent the service being used for criminal purposes, and to check to make sure the user is following the TOS, the user agrees that Digitalmonkey may inspect user data and will be able to save the data for a certain period detemined by Digitalmonkey. The data can only be inspected/saved by Digitalmonkey (excluding the third-party providing the web server service), and will not disclose the data to a third-party unless requested by government office or the court when a criminal activity is suspected.
Section 15 Change in the TOS
1. Digitalmonkey reserves the right to freely change the contents of this Service without the User's consent.
2. Digitalmonkey reserves the right to change the TOS. In the event that this agreement is changed, the Company will notify the User of the change, and after the notice of the change, if the User uses the Service, or if the User did not delete their account during the period specified by Digitalmonkey, the User is considered to have agreed to the change in the TOS.
Section 16 Contacts and Notifications
Inquiries concerning this Service, or any contacts from the User to Digitalmonkey, as well as any contacts/notifications from Digitalmonkey to the Users with regards to this Service, such as the change in the TOS, will be done using the method determined by Digitalmonkey.
Section 17 Re-assignment of this TOS
1. The User cannot re-assign, transfer, set collateral, or otherwise dispose of the status on the contract or the rights or obligations under this Agreement to third parties without prior written consent to Digitalmonkey in writing.
2. When Digitalmonkey transfer the business related to this Service to a third party (business transfer, company division or any other manner regardless of the manner), the position on the use contract with this transfer, the terms, the User’s registration information and other information relating to the customer may be transferred to the assignee of the transfer and the User agrees in advance on such transfer.
Section 18 Separability
Even if any provision of this TOS or part is determined to be invalid or unenforceable by the Consumer Contract Act or other laws or regulations, the remaining provisions other than the provisions deemed invalid or unenforceable, the User has agreed in advance that it will continue to be fully effective. The Company and User shall amend the invalid or unenforceable provision to the extent necessary for enforcing enforcement power and to ensure the legally and economically equivalent effect with respect to the invalid or unenforceable provision.
Section 19 Governing Law and Jurisdiction
The law governing this TOS shall be the Japanese law, and for any dispute arising out or related to this TOS, the Tokyo District Court or the Tokyo Summary Court shall be the first examiner's exclusive jurisdictional court.
Section 20 Council Resolution
In the event that any doubts arise in any matter not stipulated in this TOS or in the interpretation of this TOS, the Company and the User shall promptly resolve in consultation pursuant to the principle of faithfulness and integrity.
This TOS will come into effect from November 1, 2021