loftwork Terms of Service
Agreement between loftwork and Users
loftwork.com (the “Website”) operated by loftwork Inc. (“loftwork”) is Japan’s largest creator portal site that connects creators existing across all regions, ethnic groups, cultures, ages and genders. By supporting a broad array of activities of the creators, we aim to connect people and businesses, and to distribute creativity developed on loftwork dynamically. These terms of services (the “Terms”) provide the rules that are required to be observed by all users of the Website which is operated under the above principles. Upon using the services provided by loftwork on the Website (the “Services”), the user shall be deemed to have accepted the Terms.
Amendment of the Services and the Terms
loftwork may change, revise, delete or add to the Services and the Terms at loftwork’s sole discretion. If the user does not notify loftwork of his/her withdrawal within 10 days after the change to the Services or the Terms, or if the user uses the Services after the change, the user shall be deemed to have accepted such change.
Condition for Using Registered Services
Some of the services provided by loftwork on the Website require ID registration before use. Users who wish to use those services are required to apply for registration in accordance with the procedures prescribed by loftwork. The user shall ensure that all information provided by him/her in the course of the registration process shall be accurate. If there is any change in the registered information, the user shall log into the Website and personally update his/her account with the latest and most accurate information. The user shall be responsible for safeguarding his/her ID and password issued from loftwork when registered. All damages arising from the user’s inadequate custody, erroneous use or use by a third party of the ID and password etc. shall be borne by the user, and loftwork shall not be held responsible whatsoever. loftwork also reserves the right to delete any ID or account of the user which remains unused for more than one year.
Rules to Use Services Provided by loftwork
In order to assure pleasant use by all users, the following conduct and activities shall be prohibited.
- To use the Services unlawfully or in a way which will contravene public order and morality, or solicitation for unlawful acts;
- To upload any unlawful or socially unacceptable content (such as information, data, documents, software, images, letters or sound) that is untrue, infringes others’ rights, is provocative, is offensive against public order and morality, contains illegal content, or any other similar content including but not limited to content that is harassing, defamatory, libelous or threatening, or content that uses violent language, inappropriate, vulgar or repulsive expressions, is verbally aggressive or is discriminating against any racial or ethnic group, and/or any content that infringes privacy or publicity rights;
- To upload any content that will infringe others’ intellectual property rights (such as patents, utility model rights, design rights, trademarks and copyrights), portrait rights, privacy rights, reputation and any other rights and interests of others;
- To harass or stalk other users on-line;
- To upload any file that contains viruses or any other information that contains harmful computer programs;
- To engage in sales activities or advertise products or services for commercial purposes unless expressly permitted by loftwork;
- To disrupt or cause confusion with respect to other users’ access or operation;
- To interfere with or cause confusion with respect to the network system including loftwork’s network;
- To impersonate another person, to represent an organization such as a corporation without the due right of representation or delegation, or to falsify its alliance or collaboration with another person or organization;
- To collect personal information of others including e-mail address without consent from such individual;
- To engage in or transfer chain letters or pyramid schemes;
- To fabricate information that may be used in connection with the Services; or
- Any other activity that loftwork may deem inappropriate.
If loftwork finds any of the above conducts or activities, loftwork shall assess the situation independently and take appropriate measures at loftwork’s discretion including amendment of the posted information or deletion of the registration. Prior or latter notice regarding the measure taken against the breach of the Terms will be sent to the registered e-mail address. Even if the user fails to check the e-mail sent from loftwork for the user’s reasons, loftwork shall take actions, such as deletions, in accordance with the Terms. In this connection, loftwork shall not receive any questions or complaints regarding any measures taken by loftwork such as making deletions.
Rights of Deleting and Editing
loftwork shall not be obligated to monitor or edit any content posted, registered, sent or provided by the users on the Website or the Services. Accordingly, loftwork shall not be liable for any damages etc. occurred to the user or any third party by reason that loftwork did not monitor or edit the user’s content.
Provided, however, that loftwork reserves the right to check any content posted, registered, sent or provided by the users on the Website or the Services, and to edit, delete, or refuse all or a part of such content, or change the posted area at loftwork’s sole discretion. If loftwork deems that such user is not suited to use the Website, at loftwork’s sole discretion, loftwork shall have the right to delete such user’s ID, password and account, and prohibit such user’s access to the Website.
In this event, loftwork may invalidate the relevant user’s ID and account and delete the relevant information and saved files, and prohibit such user from accessing such information, files and the Services in the future. loftwork shall assume no responsibility whatsoever to such user or a third party such as deleting information or files, or ceasing to provide the Services to such user.
Access from Abroad
The Website and the Services are operated for users in Japan. A user accessing the Website from abroad shall confirm at his/her responsibility that such access is in compliance with the laws of his/her country.
loftwork’s Property Rights
All intellectual property rights including patents, utility model rights, design rights, trademarks, copyrights and knowhow of the content (including those conferred in Japan and those conferred in jurisdictions outside Japan) which can be downloaded from the Website or the Services, belong to loftwork or to the party who provided that content to the Website. Therefore, unless loftwork and/or such providing party who owns the copyright of such content give written consent in advance, the content on the Website may not be reproduced, performed, broadcasted, transmitted publicly, exhibited, presented on screen, distributed, rented, translated, musically arranged, transformed, dramatized, cinematized, otherwise adapted or used secondary. In addition, the user shall not acquire any rights to the content by downloading it.
On the other hand, in the event the user provides content to loftwork in accordance with loftwork’s working order, all intellectual property rights therein including patents, utility model rights, trademarks, design rights and copyrights (including the rights provided in Article 27 and Article 28 of the Copyright Law) and knowhow shall be transferred to loftwork (and the user shall represent and warrant that he/she is duly authorized to transfer intellectual property rights to loftwork.) In this case, the user who provided such content to the Website may not exercise moral rights as author of such content. However, if the user and loftwork agree otherwise in writing, such agreement shall prevail.
Content Posted, Registered, Transmitted or Provided on the Website or the Services by the User
When a user posts, registers, transmits or provides any content on the Website or the Services, the user shall be deemed to have granted loftwork a non-exclusive and perpetual license to use that content inside and outside of Japan, unless that content is used for sales purposes. If loftwork intends to use that content for sale, loftwork will discuss the matter separately with the provider of such content and then use them. No consideration shall be paid for the use of the content provided by a user as provided hereunder. The user shall represent and warrant that the contents that he/she posted or registered on the Website or the Services do not infringe any intellectual property rights or any other rights of a third party.
Conditions for Providing the Services
loftwork may change, suspend or cease the Services, or take necessary measures at loftwork’s sole discretion, without notice and for any reason. loftwork shall not assume any responsibility towards the users for changing, suspending, or ceasing the Services etc. The user shall prepare equipment, software and communication tools necessary for using the Services at his/her own expense and responsibility. loftwork reserves the right to prepare the rules and regulations concerning the user’s use of the Services and restrict the use as necessary (for example, to set restrictions on the number of e-mails that could be sent and received in a day, number of times the user can post on BBS, disc space allocated per user, and access hours etc.). loftwork shall not assume any responsibility for deleting or not saving the user’s communications via e-mails or BBS etc., or content provided by the Services.
Procedures for Cancelling Registration
When a user cancels his/her registration, the user shall follow the procedures prescribed by loftwork. Also, loftwork may cancel a user’s registration when loftwork deems that it is necessary for operating the Services. If a user’s registration is canceled, such user may not use loftwork’s other services unless loftwork approves otherwise.
loftwork does not guarantee the appropriateness or the accuracy of the content, products or services provided on the Website or through the Services. A user shall be entirely responsible for the content provided by the user, and if a user is held responsible in a civil action such as claim for damages or even in a criminal case, loftwork shall be completely released from any rights or assertions the user may have as against loftwork, or from any legal action, litigation or similar procedures etc.
loftwork may suspend the Services at any time for any reason. loftwork shall assume no liability whatsoever for any damages etc. that may arise, whether directly or indirectly, from such suspension of the Services.
If any dispute arises with a third party, the user shall settle such dispute at his/her own expense and responsibility unless such dispute is attributable to loftwork’s intentional act or gross negligence. If loftwork receives any claims attributable to the user’s breach of the Terms or claims of infringement of third parties’ rights, the user shall keep loftwork harmless, and if loftwork incurred damages or expenses in handling those claims, the user shall compensate such damages and reimburse loftwork for such expenses (including attorney fees paid by loftwork), and shall not cause any problem to loftwork.
loftwork has no obligation to preserve information such as information concerning the users, and even if it causes damages to the user, loftwork shall have no responsibility for any such damages.
Governing Law and Jurisdiction
The Services and the Terms shall be governed by the laws of Japan. The Tokyo District Court shall be designated as the exclusive court of first instance for all disputes that arise between the users and loftwork in connection with the Services or the Terms.