Terms of Service

These Terms of Service (hereinafter, the "Terms") set forth the conditions for using the service "Chekchek" (hereinafter, the "Service") provided by 株式会社ゴタール (hereinafter, the "Company"). All registered users (hereinafter, "Users") shall use the Service in accordance with these Terms.

Article 1 (Application)

These Terms shall apply to all relationships between Users and the Company relating to the use of the Service.

Article 2 (User Registration)

• User registration shall be completed when a prospective registrant applies for user registration by the method prescribed by the Company and the Company approves the application.
• The Company may decline to approve an application for user registration if it determines that the applicant falls under any of the following, and shall have no obligation whatsoever to disclose the reasons therefor.
  • (1) Where false information was provided in the application for user registration
  • (2) Where the application is from a person who has previously violated these Terms
  • (3) Where the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent, etc. of a legal representative, guardian, curator, or assistant
  • (4) Where the Company determines that the applicant is an antisocial force, etc. (meaning organized crime groups, members of organized crime groups, right-wing groups, antisocial forces, and other persons equivalent thereto), or has some form of interaction with or involvement in antisocial forces, such as cooperating or being involved in the maintenance, operation, or management of antisocial forces, etc. through the provision of funds or otherwise
  • (5) Any other case in which the Company determines that user registration is not appropriate

Article 3 (Management of User ID and Password)

• Users shall manage their user ID and password for the Service at their own responsibility.
• Under no circumstances may Users transfer or lend their user ID and password to a third party. If a login is made with a combination of user ID and password that matches the registered information, the Company shall deem such use to be by the User who registered that user ID.

Article 4 (Usage Fees and Payment Method)

• As consideration for the use of the Service, Users shall pay the usage fees separately determined by the Company and displayed on this website, by the method designated by the Company.
• If a User delays payment of usage fees, the User shall pay late payment damages at a rate of 14.6% per annum.

Article 5 (Prohibited Acts)

In using the Service, Users must not engage in the following acts.

• (1) Acts that violate laws and regulations or public order and morals
• (2) Acts related to criminal acts
• (3) Acts that destroy or interfere with the functions of the Company's servers or networks
• (4) Acts that may interfere with the operation of the Company's services
• (5) Acts of collecting or accumulating personal information, etc. about other Users
• (6) Acts of impersonating other Users
• (7) Acts of directly or indirectly providing benefits to antisocial forces in connection with the Company's services
• (8) Acts that infringe the intellectual property rights, portrait rights, privacy, reputation, or other rights or interests of the Company, other users of the Service, or third parties
• (9) Acts of posting or transmitting expressions that are excessively violent, sexually explicit, or lead to discrimination based on race, nationality, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-harm, or drug abuse; or other expressions that contain antisocial content and cause discomfort to others
• (10) Acts of using the Service for sales, promotion, advertising, solicitation, or other commercial purposes (except those approved by the Company); for the purpose of sexual or obscene acts; for the purpose of meeting or dating persons of the opposite sex with whom one is not acquainted; for the purpose of harassing or slandering other customers; or for any other purpose different from the intended purpose of use of the Service
• (11) Religious activities or solicitation for religious organizations
• (12) Any other acts that the Company deems inappropriate

Article 6 (Suspension, etc. of Provision of the Service)

• The Company may suspend or interrupt the provision of all or part of the Service without prior notice to Users if it determines that any of the following applies.
  • (1) When performing maintenance, inspection, or updates of the computer systems related to the Service
  • (2) When provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters
  • (3) When computers or communication lines, etc. stop due to an accident
  • (4) Any other case in which the Company determines that provision of the Service is difficult
• The Company shall bear no responsibility whatsoever, for any reason, for any disadvantage or damage suffered by Users or third parties due to the suspension or interruption of the provision of the Service.

Article 7 (Copyright)

• Users may use the Service to transmit or edit only information such as audio, text, and images for which they themselves hold the necessary intellectual property rights, such as copyright, or for which they have obtained permission from the necessary rights holders.
• The copyright in audio, text, images, etc. transmitted or edited by a User using the Service shall be reserved to that User or other existing rights holders. However, the Company may use audio, text, images, etc. transmitted or edited using the Service, and Users shall not exercise moral rights of authors with respect to such use.
• Except as provided in the main text of the preceding paragraph, all copyrights and other intellectual property rights in the Service and all information related to the Service belong to the Company or to the rights holders who have licensed their use to the Company, and Users shall not, without authorization, reproduce, transfer, lend, translate, modify, reprint, publicly transmit (including making transmittable), transmit, distribute, publish, or use for business purposes, etc. such information.

Article 8 (Restriction of Use and Deletion of Registration)

• In the following cases, the Company may, without prior notice, delete transmitted data, restrict a User's use of all or part of the Service, or delete the User's registration as a User.
  • (1) When the User has violated any provision of these Terms
  • (2) When it is found that the registered information contains false facts
  • (3) When a petition has been filed for the commencement of bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation proceedings, etc.
  • (4) When the Service has not been used for one year or more
  • (5) When there has been no response for 30 days or more to inquiries or other communications from the Company requesting a reply
  • (6) When any item of Article 2, Paragraph 2 applies
  • (7) Any other case in which the Company determines that use of the Service is not appropriate
• If any item of the preceding paragraph applies, the User shall automatically lose the benefit of time with respect to all debts owed to the Company, and must immediately repay in a lump sum all debts owed at that time.
• The Company shall bear no responsibility whatsoever for any damage incurred by a User as a result of acts performed by the Company under this Article.

Article 9 (Withdrawal)

Users may withdraw from the Service by following the procedures prescribed by the Company.

Article 10 (Handling of Personal Information)

The Company shall appropriately handle personal information obtained through the use of the Service in accordance with the Service's "Privacy Policy".

Article 11 (Disclaimer of Warranties and Exemption from Liability)

• The Company does not warrant, either expressly or impliedly, that the Service is free from defects in fact or in law (including defects relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc., as well as errors, bugs, and infringement of rights).
• The Company shall bear no responsibility whatsoever for any damage incurred by Users arising from the Service. However, this exemption provision shall not apply if the contract between the Company and a User regarding the Service (including these Terms) constitutes a consumer contract as defined in the Consumer Contract Act of Japan (消費者契約法).
• Even in the case provided in the proviso of the preceding paragraph, the Company shall bear no responsibility whatsoever for damage arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of the damage) among the damage incurred by Users due to default or tort caused by the Company's negligence (excluding gross negligence). In addition, compensation for damage incurred by Users due to default or tort caused by the Company's negligence (excluding gross negligence) shall be limited to the amount of usage fees received from the User in the month in which the damage occurred.
• The Company shall bear no responsibility whatsoever for any transactions, communications, disputes, etc. arising between a User and other Users or third parties in connection with the Service.

Article 12 (Changes to the Content of the Service, etc.)

The Company may change the content of the Service or discontinue the provision of the Service without notice to Users, and shall bear no responsibility whatsoever for any damage incurred by Users as a result.

Article 13 (Changes to the Terms of Service)

The Company may change these Terms at any time without notice to Users if it deems it necessary.

Article 14 (Notices or Communications)

Notices or communications between Users and the Company shall be made by the method prescribed by the Company.

Article 15 (Prohibition of Assignment of Rights and Obligations)

Users may not, without the prior written consent of the Company, assign to a third party or provide as security their position under the usage agreement or their rights or obligations under these Terms.

Article 16 (Governing Law and Jurisdiction)

• These Terms shall be interpreted in accordance with the laws of Japan as the governing law.
• In the event of a dispute concerning the Service, the court having jurisdiction over the location of the Company's head office shall have exclusive agreed jurisdiction.