Term of Use
Last Updated and Effective as of: November 29th, 2019
1.1. “App” means the “Tabiko” app for operating systems on smartphones and tablet devices, which is provided by FAST JAPAN for the Service.
1.2. “Browser Version” means the website provided by FAST JAPAN for use of the Service on web browsers.
1.3. “Tabiko Account” means the account on the “Tabiko” service operated by FAST JAPAN.
1.4. “content” means videos, images, text, audio files, music, software, programs, computer code and other information.
1.5. “Content” means content such as videos and images that may be browsed and accessed through the Service, including User Content (as defined below), as well as the data thereof.
1.6. “User Content” means content distributed or posted by users through the Service, including User Video (as defined below) and Comments (as defined below).
1.7. “User Video” means videos distributed by the Users through the Service, including titles, names of distributors, introductory statements, etc.
1.8. “Comments” means thoughts, recommendations and other comments regarding Content posted by the Users on the Service.
1.9. “Virtual Items” means the digital items exclusively used for the Service in order to use charged services or content within the Service.
1.10. “Separate Terms” means documents released or uploaded by FAST JAPAN in relation to the Service, aside from these Terms, under the title “terms,” “guidelines,” “policy” or the like.
2. Consent to These Terms
2.1. The Users may use the Service only in accordance with the provisions specified in these Terms. The Users may not use the Service unless they validly and irrevocably consent to these Terms.
2.2. Minors under the age 18 may only use the Service if they obtain consent from a legal guardian such as their parent.
2.3. By actually using the Service, the Users are deemed to have validly and irrevocably consented to these Terms.
2.4. If there are any Separate Terms, the Users shall also comply with the provisions of the Separate Terms in addition to those of these Terms.
3. Modification of These Terms
FAST JAPAN may modify these Terms and/or Separate Terms at any time, without providing prior notice to the Users, as deemed necessary by FAST JAPAN. Any modified Terms or Separate Terms become effective as of the time they are posted on an appropriate location within the Service. By continuing to use the Service after modification of these Terms and/or the Separate Terms, the Users shall be deemed to have validly and irrevocably consented to the modified Terms and/or Separate Terms. No individual notice will be provided regarding the content of such modification, and the Users are therefore encouraged to refer to the most recent version of the Terms and the applicable Separate Terms on a regular basis when using the Service.
In order to open an account, the Users will be asked to provide Tabiko with certain information such as an account name and password. The Users are solely responsible for maintaining the confidentiality of the User’s account and password, for restricting access to the User’s computer, and for all activities that occur under the User’s account or password. Please make sure the information provided to Tabiko upon registration and at all other times is true, accurate, current, and complete to the best of the User’s knowledge. Unless expressly permitted in writing by Tabiko, the Users may not sell, rent, lease, share or provide access to your account to anyone else, including without limitation charging anyone for access to administrative rights on the User’s account. Tabiko reserves all available legal rights and remedies to prevent unauthorized use of the Tabiko Services, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
5.1. FAST JAPAN respects the privacy of the Users and pays the utmost attention to security in order to securely manage information collected from the Users.
6. Ownership of Rights
Intellectual property rights and other rights pertaining to the Service (but excluding certain parts of the Content) shall belong to FAST JAPAN. The intellectual property rights and other rights pertaining to the aforementioned certain parts of the Content shall belong to entities affiliated with FAST JAPAN or other rights holders.
7. Provision of Service
7.1. FAST JAPAN shall grant the Users non-exclusive rights to use the Service in accordance with these Terms and the usage conditions posted on the Service. Even if “Purchase,” “Sale,” etc. are displayed on the screen of the Service, no intellectual property rights or ownership pertaining to any services or content shall be transferred to the Users, and only the aforementioned usage rights shall be granted to the Users.
7.2. The Users may not transfer or inherit their usage rights pertaining to the Service to any third party.
7.3. The Users shall, at their own expense and responsibility, prepare any PC, mobile phone device, communication device, operating system, communication means, electricity, etc. which are necessary for using the Service.
7.4. FAST JAPAN may provide all or any part of the Service to only specific Users who satisfy conditions such as age, provision of User identification, provision of registered information, use area, usage status of the Tabiko Account and other conditions that FAST JAPAN deems to be necessary.
7.5. When FAST JAPAN deems it necessary, FAST JAPAN may modify, suspend or terminate all or any part of the Service, at any time, without providing prior notice to the Users. Even if the Users incur any damage or loss due to such modification, suspension or termination of the Service, FAST JAPAN shall not be liable to provide compensation or indemnification therefor.
7.6. Certain parts of the Service may be subject to restrictions on method of use (including the App, Brower Version and other methods).
7.7. Certain parts of the Service may be unavailable to be used depending on the use area or usage status of the Tabiko Account.
FAST JAPAN may distribute or post advertisements from FAST JAPAN or a third party on the Service.
9. Services from Affiliated Entities
10.1. The Content may be browsed or accessed by using the App or Browser Version or by other methods prescribed by FAST JAPAN. If there are any usage conditions set forth with respect to the Content, such as usage fees, use period and settlement method, User shall comply with the same.
10.2. If User uses Virtual Items when using the Service, such User may not cancel the same.
10.3. Certain parts of the Content may be subject to restrictions on the period for browsing or accessing the same.
10.4. Certain parts of the Content may be subject to restrictions on the method of use (including the App, Brower Version and other methods).
10.5. The Users may not use the Content beyond the usage form intended under the Service (including acts of duplication, transmission, reproduction, alteration, etc.).
10.6. Certain parts of the Content may be unavailable to be browsed or accessed depending on the use area or usage status of the Tabiko Account.
11. User Content
11.1. The Users may distribute or post User Content on the Service in accordance with the “Usage Guidelines” or other methods prescribed by FAST JAPAN. The Users shall conduct distribution or posting of their own User Content and FAST JAPAN. shall not be liable, in any way, for distribution or posting of User Content conducted by the Users. Furthermore, User Content distributed or posted by the Users may not be deleted by the relevant User.
11.2. In order to distribute User Video, the Users must take procedures such as Tabiko log-in or other procedures prescribed by FAST JAPAN.
11.3. Any rights pertaining to User Content shall belong to the relevant User and FAST JAPAN shall not acquire such rights.
11.4. The User shall grant FAST JAPAN and other Users the rights to use that are necessary to browse or access User Content distributed or posted by such User through the Service (including reproduction for storing such User Content on a server and public transmission for displaying such User Content on the Users’ terminals), free-of-charge and without restriction on area and period.
11.5. The User shall grant FAST JAPAN the rights to use and alter User Content distributed or posted by such User to the extent necessary for provision of the Service (including, without limitation, creation of banners and resizing of images), construction, improvement, maintenance, etc. of FAST JAPAN’s system, free-of-charge and without restriction on area and period. In this case, FAST JAPAN may omit part of such User’s information, including such User’s name.
11.6. The User shall grant FAST JAPAN the rights to use User Content distributed or posted by such User through the Service, or other than through the Service, such as in magazines and websites, for the purpose of publicity and advertising of User Content, the Service or FAST JAPAN (including duplication, screen presentation, public transmission, recitation, exhibition, distribution, rental, translation and adaptation; hereinafter referred to as “use” in this paragraph), free-of-charge and without restriction on area and period. Furthermore, the User shall grant FAST JAPAN and other Users the rights to use any part of User Content by utilizing functions provided in the Service by FAST JAPAN through the Service or websites other than the Service, free-of-charge and without restriction on area and period.
11.7. The Users shall manage and store, at their own responsibility, any and all data pertaining to User Content by way of backing up the same as appropriate, and FAST JAPAN shall provide no guarantee whatsoever, including with regard to storage of data pertaining to User Content.
11.8. When it is necessary to confirm the status of compliance with the applicable laws and regulations, or these Terms, or if it otherwise becomes necessary for FAST JAPAN, FAST JAPAN may confirm the content of User Content; provided, however, that FAST JAPAN shall not be obliged to make such confirmation.
11.9. FAST JAPAN may freely set, change, etc. whether or not distribution or posting of User Content is permitted, as well as the location and duration for distribution or posting of User Content, etc. Furthermore, in cases where the User is in violation of applicable laws and regulations or these Terms, etc., where the retention period prescribed by FAST JAPAN for User Content is elapsed, where FAST JAPAN finds User Content to be inappropriate or otherwise at FAST JAPAN’s discretion, FAST JAPAN may suspend the public release of User Content or delete User Content, without providing prior notice to the relevant User.
11.10. The User warrants: that the content of User Content does not infringe upon any third party copyrights, trademark rights, patent rights, design rights, utility model rights, trade secrets, honor rights, likeness rights, privacy rights, publicity rights or other rights under applicable laws and regulations or contracts; that the content of User Content is not in violation of applicable laws and regulations; and that such User has legitimate authority to distribute or post User Content on the Service and also to grant the rights to use under Article 11.4 and 11.6. With regard to the copyrighted work prescribed by FAST JAPAN, FAST JAPAN may obtain the rights to use such copyrighted work within relevant User’s Service, in advance, from management organizations, etc. that manage copyrights, etc.
11.11. If FAST JAPAN is pursued by any third party or becomes subject to disposition by an administrative authority, etc. as a result of a violation specified in the preceding paragraph, the relevant User shall resolve such issue at its expense and responsibility, and FAST JAPAN may demand such User to pay all of the loss and expenses incurred by FAST JAPAN in relation thereto.
12. Tabiko Points
12.1. FAST JAPAN shall provide the Users with the Tabiko Points prescribed by FAST JAPAN (the “Tabiko Points”) based on the contribution of the User’s broadcasts such as the number of received Star Rewards, popularity of the broadcasts, audience engagements, Etc. FAST JAPAN may, at its discretion, determine or change the Tabiko Points calculation method.
12.2. “1 Tabiko Point” is worth “JPY 1”. FAST JAPAN’s payment schedule is once every month. The Users can receive the Tabiko Points only when the accumulated Tabiko Points in the User’s account have reached 2,000 points (JPY 2,000).
12.3. The Users have to enter the User’s PayPal account information to obtain the User’s Tabiko Points. Please make sure that PayPal account settings are normal. If the Users fail to complete the aforementioned normal settings, it will cause failure in sharing Tabiko Points.
12.4. Even if the Tabiko Points are unable to be calculated due to a failure of FAST JAPAN’s system or interference by any third party, FAST JAPAN shall bear no responsibility whatsoever therefor.
12.5. After FAST JAPAN has notified the content of the Tabiko Points to be provided to the Users, if it is found that the content of such Tabiko Points is inaccurate in light of the Criteria, FAST JAPAN may correct the content of such Tabiko Points or cancel the provision of such Tabiko Points.
12.6. User may not request FAST JAPAN for the provision of any part of the Tabiko Points in installments.
12.7. FAST JAPAN may deem that the User has waives such User’s rights to receive the Tabiko Points if any of the following circumstances apply:
(1) Such User is in breach of these Terms or any Separate Terms or commits any act that is likely to constitute a breach of these Terms or any Separate Terms;
(2) Such User’s Tabiko Account is suspended or deleted;
(3) Even though FAST JAPAN has notified such User to designate a valid method to receive the Tabiko Points, such User fails to do so within one (1) year;
(4) Even though FAST JAPAN has requested such User to receive the Tabiko Points, such User fails to do so within one (1) year;
(5) FAST JAPAN has been unable to contact such User through such User’s registered information for one (1) year or more;
(6) Other than the above, any circumstances which FAST JAPAN deems to be inappropriate.
13. Virtual Items
13.1. The Users may be able to purchase, a limited, personal, non-transferable, non-sublicensable, to use “virtual items,” including but not limited to Star Rewards (collectively, “Virtual Items”) by the methods designated by FAST JAPAN.
13.2. No refund shall be made for Virtual Items for any reason whatsoever; provided, however, that the foregoing shall not apply if it is necessary to provide a refund under applicable laws and regulations. In this case, the method for refunding Virtual Items shall be determined by FAST JAPAN pursuant to applicable laws and regulations and shall be posted on the Service.
13.3. Virtual Items may only be used through the Tabiko Account, Etc. which is used when purchasing such Star Rewards. Virtual Items may not be assigned or transferred to another account, etc.
14. Prohibited Acts
The User shall not engage in any of the following acts upon using the Service:
14.1. Acts that violate applicable laws and regulations, court judgments, decisions or orders, or legally binding administrative measures;
14.2. Acts that may harm the public order or morals;
14.3. Acts that infringe upon FAST JAPAN’s or any third party’s intellectual property rights such as copyrights, trademark rights, patent rights, honor rights, privacy rights and other rights under applicable laws and regulations or contracts;
14.4. Acts of distributing or posting: excessively violent or explicitly sexual expressions; expressions constituting child pornography or child abuse; expressions that lead to discrimination based on race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or promote suicide, self-injurious behavior or drug abuse; or expressions that include anti-social content or that cause discomfort to others;
14.5. Acts of impersonating FAST JAPAN or a third party, or acts of spreading false information or information that is difficult to confirm whether it is true or false;
14.6. Acts of sending the same or similar Comments to a number of sections where Comments are posted (except for those approved by FAST JAPAN) or other acts that FAST JAPAN deems as spamming;
14.7. Acts of exchanging usage rights of the Service or the Content for cash, property or other economic benefits using any method other than the method prescribed by FAST JAPAN;
14.8. Acts of using the Service for marketing, publicizing, advertising, solicitation or other profit making purposes (except for those approved by FAST JAPAN); acts of using the Service for the purpose of sexual conduct or obscene acts; acts of using the Service for the purpose of meeting or dating a third party stranger; acts of using the Service for the purpose of harassing, slandering or defaming other Users; or acts of using the Service for any purpose other than the purpose of use intended under the Service;
14.9. Acts of distributing or posting User Content or acts of obtaining the Bonus by using illegal or inappropriate method;
14.10. Acts of providing anti-social forces with benefits or other cooperation;
14.11. Acts of solicitation regarding religious activities or religious groups;
14.12. Acts of illegally collecting, disclosing or providing other people’s personal information, registered information, usage history information, etc.;
14.13. Acts of causing interference with a server or network system of the Service; acts of illegally operating the Service by using bots, cheat tools or other technical measures; acts of intentionally exploiting a malfunction in the Service; acts of accessing the Service via communication terminals to which alteration such as routing or jail breaking has been conducted; acts of making unreasonable inquiries or demands to FAST JAPAN, such as repeatedly asking the same question beyond necessity; and acts of preventing or interfering with FAST JAPAN’s operation of the Service or the Users’ use of the Service;
14.14. Acts of supporting or promoting any of the acts constituting those specified in Articles 14.1 through 14.13; and
14.15. In addition to the above, any acts that FAST JAPAN deems to be inappropriate.
15. User Responsibility
15.1. The User shall use the Service at such User’s own responsibility, and shall bear any and all responsibility for any acts conducted through the Service and any results thereof.
15.2. If FAST JAPAN acknowledges that the User has used the Service in breach of these Terms or any Separate Terms or in a manner which FAST JAPAN otherwise deems to be necessary and appropriate, FAST JAPAN may take the measures specified below, without providing prior notice to such User; provided, however, that FAST JAPAN shall not be obliged to prevent or correct such violation:
15.2.1. Suspension of publication or deletion of all or any part of User Content;
15.2.2. Suspension or revocation of usage rights of the Content;
15.2.3. Suspension or deletion of a Tabiko Account, Etc. or the usage history thereof;
15.2.4. Suspension of use of all or any part of the Service; or
15.2.5. In addition to the above, any measures that FAST JAPAN deems to be necessary and appropriate.
15.3. If FAST JAPAN incurs any direct or indirect damage (including burden of attorneys’ fees) as a result of the User’s use of the Service (including cases where FAST JAPAN receives complaints from a third party due to such use), such User must immediately provide compensation therefor pursuant to FAST JAPAN’s request.
16. FAST JAPAN’s Exemption
16.1. FAST JAPAN makes no express or implied warranty that the Service (including the Content) is free from de facto or legal defects (including, without limitation, stability, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security-related faults, errors, bugs, performance of encryption or decryption, and infringement of rights). FAST JAPAN shall not be obliged to provide the Users with the Service after removing such defects.
16.2. FAST JAPAN shall not be liable, in any way, for any damage incurred by the Users arising from the Service; provided, however, that this exemption shall not apply if an agreement (including these Terms) between FAST JAPAN and the Users regarding the Service constitutes a consumer contract under the Consumer Contract Act in Japan.
16.3. Even in the case specified in the proviso of Article 16.2, FAST JAPAN shall not be liable, in any way, for any damage arising from extraordinary circumstances (including cases where FAST JAPAN or the User foresees or is able to foresee the occurrence of damage) among the damage incurred by such User as a result of default or tort due to FAST JAPAN’s negligence (except for cases of gross negligence). Furthermore, the cap for the amount of compensation for damage incurred by the User as a result of default or tort due to FAST JAPAN’s negligence (except for cases of gross negligence) shall be the amount of usage fees that FAST JAPAN received from such User in the month during which such damage occurred.
16.4. FAST JAPAN shall not be involved in or liable, in any way, for any trouble, dispute, etc. occurring between the User and another User or any third party arising from the Service.
17. Contact Method
17.1. Any contact from FAST JAPAN to the Users in relation to the Service shall be made by way of posting in an appropriate location within the website operated by FAST JAPAN or by using methods that FAST JAPAN deems to be appropriate.
17.2. Any contact from the Users to FAST JAPAN in relation to the Service shall be made by way of sending an inquiry form available at an appropriate location within the website operated by FAST JAPAN, or using methods designated by FAST JAPAN.
18. Governing Law, Jurisdiction
The original language of these Terms shall be Japanese and these Terms shall be governed by the laws of Japan. FAST JAPAN and the Users agree that any disputes arising out of or in relation to these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance.