Article 1 (Purpose)

1. These Terms set forth terms and conditions for the use of the Service. Users shall use the Service in accordance with these Terms. Furthermore, if a user’s family member or acquaintance, etc. uses the user’s registered information to use the Service, the user assumes the obligation to ensure the family member or acquaintance complies with these Terms in the same way as the user.

2. By using the Service, users are deemed to have agreed to all the details stated in these Terms.

 

Article 2 (Definitions)

The terminology used in these Terms shall have the meanings set forth below:

1. Website: means the Comfort Japan website operated by the Company.

2. Service: means all services provided via the Website.

3. Other Terms of Service, etc.: means provisions other than these Terms, irrespective of in what name, such as the terms of service for paid services and other terms of service for each service, that establish terms and conditions for using the Service.

4. Users: means individuals who register as members in order to use the Website and individuals who use the Website.

5. Registered Email Address: means the email address Users provide to the Company in order to receive provision of the Service.

6. Password: means a string of characters used to identify an individual by verifying it to a Registered Email Address when using the Service.

7. Posted Information: means information that can be posted using the Service, such as profiles, comments, reviews, images, and videos.

8. Post: means the act, by Users, of uploading Posted Information to the Website.

9. Personal Information: means information concerning an individual provided by Users, information concerning an individual in Posted Information that can be used to identify a specific individual using a name, date of birth, or other information, etc. included in such information (including information that can be easily verified with other information, which can be used to identify a specific individual), and other information falling under Personal Information defined in the Act on the Protection of Personal Information (“Personal Information Protection Act”).

 

Article 3 (Scope)

1. The terms and conditions for using the Service are established in these Terms and the Other Terms of Service, etc. posted on the Website. Other Terms of Service, etc. constitute a part of these Terms, irrespective of in what name.

2. If provisions in these Terms differ from provisions in the Other Terms of Service, etc., the provisions of Other Terms of Service, etc. shall take precedence.

3. These Terms apply to all individuals who use the Website.

 

Article 4 (Revisions)

1. The Company may, at its discretion, revise these Terms at any time and for any reason.

2. Unless otherwise specified by the Company, the revised terms of service are effective from the time posted on the Website.

3. If Users use the Service after the revisions to these Terms take effect, Users shall be deemed to have agreed to all of the details in the revised Terms.

 

Article 5 (Handling of Personal Information)

The Company handles Personal Information appropriately in accordance with its Personal Information Protection Policy. Note that, the Company may aggregate and analyze members’ Personal Information in order to improve the Service and develop other services.

 

Article 6 (Secrecy of Communications)

1. The Company protects the secrecy of Users’ communications in accordance with the Telecommunications Business Act.

2. In the cases falling under each of the following items, the Company shall not assume the confidentiality obligation in the preceding paragraph to the extent set forth in each of the following items:

   1. In the event of a compulsory disposition or court order based on the provisions of the Code of Criminal Procedure or the Act on Communications Interception for Criminal Investigation: to the extent set forth in the disposition or court order

   2. In the event of a compulsory disposition based on laws and regulations: to the extent set forth in the disposition or order

   3. In the event that the Company determines that the requirements for requesting disclosure based on the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Sender have been met: to the extent of the disclosure request

   4. In the event that the Company determines that it is necessary to protect the life, body, or property of a third party: to the extent necessary to protect the life, body, or property of the third party

 

Article 7 (Membership Enrollment)

1. Only foreign residents aged 18 or older are eligible to enroll in the Service.

2. The Website can only be used within Japan.

3. Individuals who wish to use the Service shall apply for membership in the manner prescribed by the Company, having agreed to the details in these Terms.

4. Individuals who apply for membership (“Applicants”) become Users when the Company approves the membership enrollment application.

5. The Company contacts Users to announce new services, distribute advertisements, make service operation related administrative contact, and provide other information.

 

Article 8 (Rejection of Membership Enrollment Applications)

In the cases falling under any of the following items, the Company may, at its discretion, reject an Applicant’s membership enrollment application. The Company is under no obligation to explain why it rejected an application.

1. If Applicants apply for membership without following the method described in paragraph 3 of the preceding Article;

2. If Applicants have been subject to a disposition in the form of forced withdrawal of membership on the grounds of breaching these Terms or Other Terms of Service, etc. in the past; or

3. If a User is otherwise deemed to be inappropriate by the Company.

 

Article 9 (Withdrawal)

1. If Users wish to withdraw their membership, Users shall apply to the Company to withdraw in the manner prescribed by the Company.

2. The Company may, at its discretion, forcibly revoke Users’ membership and refuse future enrollment and use of the Service if Users engage in acts falling under any of the following items:

   1. If it becomes apparent that an application for membership has been made without following the method described in paragraph 3 of Article 7;

   2. If these Terms or Other Terms of Service, etc. have been breached; or

   3. If engaging in acts otherwise deemed to be inappropriate by the Company.

3.  If Users move away from Japan or relocate to another country (due to a job transfer or returning to their home country) Users shall undertake withdrawal procedure.

Responsibility is attributed to Users if Users fail to undertake withdrawal procedures. Responsibility prior to withdrawal is attributed to Users if Users withdraw membership after relocation or change of address.

 

Article 10 (Registered Email Address and Password Management)

1. Users must register a valid email address under their control as their Registered Email Address, and if their Registered Email Address is no longer under their control, Users must change their email address to another valid email address under their control.

2. Users shall endeavor to prevent unauthorized use of their Registered Email Address and Password, and are fully responsible for the management of their Registered Email Address and Password.

3. The Company bears no liability whatsoever for any loss or damage, etc. caused by a third party’s use of a Registered Email Address and Password, unless there is willful misconduct or gross negligence on the part of the Company.

 

Article 11 (Accounts)

1. One User may not have more than one account, and multiple persons may not share one account.

2. Under no circumstances whatsoever may Users transfer or loan their account to a third party.

 

Article 12 (Maintaining the Usage Environment)

1. Users shall properly maintain all equipment, software, and communication means necessary to use the Service at their own responsibility and expense.

2. Users shall take security measures, such as preventing computer virus infection, unauthorized access and information leaks, according to their usage environment.

3. The Company shall not be involved in and bears no responsibility whatsoever for Users’ usage environment.

 

Article 13 (Users’ Responsibilities)

1. Users are responsible for their use the Service, and bear all responsibility for all acts taken when using the Service and the outcome of such acts.

2. Users are responsible for the content of Posted Information posted by Users using the Service. The Company bears no responsibility whatsoever for the content of Posted Information posted by Users using the Service.

3. If Users damage the reputation of a third party, disclose a third party’s Personal Information without permission, engage in acts that violate the Copyright Act of Japan, or otherwise infringe on a third party’s rights such as privacy rights, image rights, or publicity rights, Users must handle the situation and resolve any disputes, etc. at their own responsibility and expense, and the Company bears no responsibility whatsoever.

4. Users acknowledge that the Company has no obligation to store any Posted Information posted by Users using the Service, and should make necessary backups of Posted Information as appropriate.

5. Users accept that Posted Information posted on the Service may be copied or modified by other users and posted on the Service or other sites, or transmitted via social media platforms, etc.

 

Article 14 (Prohibited Conduct)

Users shall not engage in the follows acts when using the Service, and if Users breach this Article, the Company may take measures such as forcibly withdrawing membership, suspending use, deleting registration information and Posted Information in whole or in part, and changing the scope of disclosure. The Company is under no obligation whatsoever to explain to Users the measures taken pursuant to this Article.

1. Access the Website from outside Japan;

2. Acts that infringe or are likely to infringe a third party’s intellectual property rights such as copyrights, or trademark rights;

3. Acts that infringe or are likely to infringe a third party’s property, privacy, image rights, or publicity rights;

4. Acts that unfairly discriminate against or slander or insult third parties, encourage unfair discrimination against third parties, or damage a third party’s honor or credibility;

5. Acts that are connected or likely to be connected to crimes such as fraud, child prostitution, and illegal trading of savings accounts and mobile telephones, etc.;

6. Acts that transmit or display images, video, sound or documents, etc., that are obscene, child pornography or child abuse, or acts that sell media containing such images, video, sound or documents, etc., or acts that display or transmit advertisements that evoke such transmission, display or sale;

7. Acts that are connected or likely to be connected to drug crimes, controlled drugs, designated drugs, products for which advertising is prohibited by a public notice (products for which advertising is widely prohibited by a public notice as being suspected to be designated drugs, etc.), or so-called designer drug abuse that includes such drugs and products, acts that advertise unapproved or expired pharmaceuticals, etc. or acts that sell pharmaceuticals whose sale, etc. on the internet is prohibited;

8. Acts that advertise individual rare species of wild animals and plants, etc. that are subject to restrictions on advertising for the purpose of selling or distributing such rare species;

9. Acts that advertise money loans without being registered as a money lending business, or acts that establish or solicit pyramid schemes;

10. Acts for the purpose of election campaigns or religious activities;

11. Acts that impersonate a third party, or acts that repeatedly ask and answer questions as a form of sock-puppetry;

12. Acts that unlawfully rewrite or erase information stored in the Company’s equipment, or transmits or posts harmful computer programs, etc. such as viruses;

13. Acts that send advertising, promotional or solicitation emails to third parties without permission, or acts that send emails that third parties find or are likely to find repulsive under socially accepted standards;

14. Acts that interfere or are likely to interfere with the use or operation of the Company’s or a third party’s equipment, etc. or equipment for services that connect to the internet;

15. Acts that allow illegal betting or gambling, or solicit participation in illegal betting or gambling;

16. Acts that contract, intermediate, induce, or give notice of illegal activities (transfer of guns or explosives, etc., unlawful manufacturing, provision of child pornography, forgery of official documents, murder, threats, etc.);

17. Acts that transmit atrocious information, extremely violent expressions, or other information that third parties find significantly repulsive under socially accepted standards, to an unspecified and large number of persons;

18. Acts that induce or solicit a person to commit suicide, or acts that introduce a means of suicide that is highly likely to cause harm to a third party;

19. Acts that post links in a manner or for the purpose of encouraging such acts, knowing that such acts fall under any of the preceding items;

20. Acts that encourage unspecified and large number of persons to post, etc. information that is connected, or is highly likely to be connected to crimes or illegal activities, or information that unfairly slanders, insults or infringes the privacy of third parties; or

21. Other acts the Company deems to be in violation of public order and morals or to infringe on the rights of third parties.

 

Article 15 (Changes to Services, etc.)

The Company may add, modify, suspend or terminate the Service at any time, at its discretion, due to circumstances at the Company.

 

Article 16 (Usage Fees)

1. Registration and the basic service are free of charge.

2. Usage fees and payment methods, etc. for fee-based services are as set forth in the Terms of Service for Paid Services.

 

Article 17 (Rights Concerning Posted Information)

Users who use the Service to post Posted Information warrant to the Company that registered information does not infringe the rights of any third party. If any dispute arises with a third party, Users should resolve the dispute at their own responsibility and expense, and do not cause any inconvenience, loss or damage to the Company.

 

Article 18 (Rights and Licenses, etc. to Posted Information After Posting)

1. Rights (including copyrights and moral rights of author) to Posted Information posted using the Service belong to the Company.

2. The Company may use Posted Information, permanently and for free, to the extent necessary for the smooth provision of the Service, the construction, improvement, and maintenance of the Company’s systems and the Company’s other services, and the creation of other statistical information, and the Company may reproduce or reprint Posted Information in printed materials and services, etc. published or operated by the Company. Furthermore, the Company may create statistical information such as data from Posted Information or provide such Posted Information and such statistical information to third parties for a fee or free of charge. Users approve the reprinting and provision, etc. of Posted Information and statistical information. The Company shall not contact Users individually when reprinting or providing such information.

3. When using Posted Information in the form set forth in the preceding paragraph, the Company shall modify the Posted Information so that specific individuals cannot be identified.

4. Users shall not exercise any moral rights of author against the Company with regard to any of their Posted Information.

 

Article 19 (Disclaimers)

1. The Company does not get involved in Users’ communication content or activities. If any dispute arises between Users or between Users and a third party, the parties concerned shall resolve the dispute and the Company bears no responsibility for resolving the dispute.

2. The Company bears no responsibility whatsoever for any loss or damage caused by Service content additions or modifications or the suspension or the termination of the Services. The same applies if the display speed decreases or failures, etc. occur due to excessive access or other unforeseen factors.

3. The Company bears no obligation to monitor or store Posted Information posted by Users.

4. The Company does not warrant and bears no responsibility for the legality, morality, reliability, accuracy, or usefulness of Posted Information posted by Users. The Company bears no responsibility for whether the Posted Information posted by Users conflicts with the internal rules, etc. of corporations or organizations to which Users belong.

5. The Company bears no responsibility for and makes no warranty regarding the quality or availability of the Service, such as its security, non-infringement, suitability for User’s intended use, and constant availability, its non-termination, Users being free from viruses or external attack, and information registered, posted or transmitted on the Service not being leaked, lost or altered.

6. The Company may access, store, or disclose (“Access, etc.”) Posted Information to a third party in the following cases. The Company bears no responsibility whatsoever for any loss or damage incurred as a result.

1. When the Company sends an email requesting Access, etc. consent to the Registered Email Address of a User who has Posted any Posted Information, and the User consents to Access, etc., or if the Company does not receive a response by email from the User rejecting the request within seven days of sending the email requesting Access, etc. consent;

2. When necessary to identify and resolve the cause of the Service’s technical malfunctions;

3. When receiving an official inquiry based on laws and regulations from a court or a public agency such as the police;

4. When the Company determines that acts have occurred that breach or are likely to breach these Terms, and it is necessary to verify the content of Posted Information;

5. When the Company determines that there is an imminent danger to the life, body, or property, etc. of a person and that there is an urgent need;

6. When falling under the matters set forth in each item of paragraph 2 of Article 6; or

7. When the Company otherwise determines that it is necessary for the proper operation of the Website.

1. If there reasonable grounds to determine that a User has engaged in or is likely to have engaged in acts that breach these Terms or Other Terms of Service, etc., the Company may forcibly withdraw membership from the User who engaged in such act, delete the Posted Information in whole or in part, or change the scope of disclosure, etc., and the Company bears no responsibility whatsoever for any loss or damage incurred by such User as a result.

2. If these Terms or Other Terms of Service, etc. correspond to a consumer contract under the Consumer Contract Act, the provisions of these Terms and Other Terms of Service, etc. that fully indemnify the Company from liability to compensate for loss or damage shall not apply. In such case, if the loss or damage incurred by a User is based on the Company’s non-performance or acts of tort, the Company shall bear liability to compensate for loss or damage up to the amount of the loss or damage actually and directly suffered by the User; provided, however, limited to cases in which there is willful misconduct or gross negligence on the part of the Company.

 

Article 20 (Company’s Right to Erasure)

The Company may take measures such as deleting all or part of the relevant Posted Information or changing the scope of disclosure, without notifying Users, regardless of whether Posted Information is illegal or violates terms, in the following cases:

1. When a public institution or expert points out or expresses the opinion that Posted Information is illegal, violates public order and morals, or infringes a third party’s rights, etc.; or

2. When a person purporting to be the rights holder reports that their rights are being infringed; provided, however, limited to when the person purporting to be the rights holder presents materials that can be reasonably determined or proved to be the rights holder, and the Company determines, following an investigation by the Company, that the person is the genuine rights holder.

 

Article 21 (Validity of these Terms and Other Terms of Service, etc.)

Even if some of the provisions of these Terms and the Other Terms of Service, etc. are deemed to be invalid based on laws and regulations, the other provisions of these Terms and the Other Terms of Service, etc. shall be valid.

 

Article 22 (Breaches of these Terms and Other Terms of Service, etc.)

1. Please notify the Company in the manner prescribed by the Company if these Terms or Other Terms of Service, etc., are found to have been breached; provided, however, that if a link for notifying the Management Office is provided as an individual service, please use the link to notify the Company.

2. If a User is acknowledged as having breached these Terms or Other Terms of Service, etc., or if otherwise deemed necessary by the Company, the Company may take one or a combination of the following actions against the User:

1. Demand that the User stop the acts that breach these Terms or Other Terms of Service, etc., and do not repeat the same acts;

2. Demand that the User consult with the third party to resolve the claim, etc.;

3. Request that the User delete or correct Posted Information;

4. Delete all or part of the Posted Information, change the scope of disclosure, or make Posted Information inaccessible to third parties, without prior notice;

5. Forcibly withdraw membership from Users;

6. Reject an application when applying to enroll as a member.

1. The principle of Users’ self-responsibility shall be respected when taking the action provided for in the preceding paragraph.

2. If a request to disclose sender information is received from a third party who claims that their rights have been infringed, the Company may disclose the information in accordance with procedures in laws and regulations.

3. If information that corresponds to defamation, insults, damage to credibility, obstruction of business, or criminal threats, etc. is posted, the Company may notify the police.

4. Users may not object to the Company’s response to acts that breach these Terms or Other Terms of Service, etc. undertaken pursuant to Article 8, paragraph 2 of Article 9, Article 14, Article 20 and this Article.

 

Article 23 (Exclusion of Anti-Social Forces)

1. When using the Service, Users represent that they are not an anti-social force (meaning an organized crime group, an organized crime group member, an associate member of an organized crime group, or their related groups, corporate racketeers, etc., a rogue acting in the name of political activities or social movements, etc., a crime group specialized in intellectual crimes, similar groups, or other anti-social forces, as defined in the Act on Prevention of Unjust Acts by Organized Crime Group Members), and covenant that they will not belong to, fall under, or be involved in any such anti-social force in the future.

2. If it is determined that a User belongs to, falls under, or is involved with anti-social forces, the Company may take necessary measures such as suspending use of the Service by the User or forcibly withdrawing membership from the User, etc., without giving prior notice, etc. to the User.

3. The Company bears no obligation to compensate if any loss or damage is incurred by Users as a result of measures based on the preceding paragraph.

 

Article 24 (Governing Law and Agreed Court with Jurisdiction)

These Terms are governed by the laws of Japan, and the Tokyo Summary Court or the Tokyo District Court, depending on the amount involved, shall be the exclusive agreed court with jurisdiction in the first instance for all disputes arising out of or in connection to these Terms.

 

 

Effective Date: December 1, 2021