Terms of Use
Article 1 (Introduction)
These Terms of Use (hereinafter referred to as the "Terms") apply to all actions related to the use of the services, features, and content provided on this website by Listworks Inc. (hereinafter referred to as the "Company").
The Terms set forth the conditions for using the website. By using the services, users are deemed to have agreed to these Terms.
By using the services, users are considered to have agreed to all the provisions set forth in these Terms.
Article 2 (Definitions)
The meanings of the terms used in these Terms shall be as defined in each of the following items:
- The Website refers to the website called “ikitell” operated by the Site Operator, located at https://ikitell.com/.
- The Site Operator refers to the individual responsible for the management and operation of the Website.
- The Services refers to all services provided on the Website.
- Other Terms of Use refers to any terms and conditions, regardless of their title, other than these Terms, that define conditions for the use of the Services.
- User refers to any person who has registered as a member to use the Website.
- Monitored Person refers to any person registered for monitoring through the Website.
- Monitoring Registration refers to the act of a User submitting information about a Monitored Person via the “Monitoring Settings” feature of the Services.
- Registered Email Address refers to the email address provided by the User to the Site Operator for the purpose of receiving the Services.
- Password refers to the string of characters used, in conjunction with the Registered Email Address, to verify the identity of the User when using the Services.
- “Text and Other Information” refers to information that can be posted through the Services, such as text and images.
- Posting refers to the act of uploading Text and Other Information by a User to the Website.
- Payment Service Providers refers to entities such as credit card companies, payment processors, payment collection agencies, payment authentication service providers, and financial institutions.
Article 3 (Scope of These Terms)
The terms and conditions for using the Services are set forth in these Terms as well as in other applicable terms and conditions. Regardless of their title, such other terms and conditions shall be considered an integral part of these Terms.
In the event of any inconsistency between the provisions of these Terms and the provisions of any other applicable terms and conditions, the provisions of such other terms and conditions shall take precedence.
Article 4 (Amendments to These Terms)
The Site Operator may, at its sole discretion and for any reason, amend these Terms at any time.
Unless otherwise specified by the Site Operator, the amended Terms shall become effective at the time they are posted on the Website.
If a User continues to use the Services after the amended Terms have taken effect, the User shall be deemed to have agreed to all provisions of the amended Terms.>
Article 5 (Handling of Personal Information)
The Site Operator shall appropriately handle personal information in accordance with the “Privacy Policy.”
Article 6 (Confidentiality of Communications)
The Site Operator shall protect the confidentiality of users’ communications in accordance with Article 4 of the Telecommunications Business Act (Act No. 86 of 1984).
However, the Site Operator shall not be obligated to maintain such confidentiality in the following cases, to the extent specified in each item:
- When a compulsory measure or court order is issued under the Code of Criminal Procedure (Act No. 131 of 1948) or the Act on Wiretapping for Criminal Investigation (Act No. 137 of 1999): within the scope specified in such measure or court order.
- When a compulsory measure is taken under laws and regulations: within the scope specified in such measure or order.
- When the Site Operator determines that the requirements for a disclosure request under Article 4 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Disclosure of Sender Information (Act No. 137 of 2001) are satisfied: within the scope of the relevant disclosure request.
- When the Site Operator determines that it is necessary for the protection of life, body, or property of another person: within the scope necessary for such protection.
Article 7: User Account Registration
- Individuals wishing to use the services must agree to these Terms of Service and complete the user registration process as specified by the site operator.
- Upon completion of the user registration, the individual will be considered a user.
- The site operator will send notifications about new services, advertisements, administrative communications related to service operations, and other information to users.
Article 8: Rejection of User Registration
The site operator may, at their discretion, refuse to approve a user registration if any of the following conditions apply:
- The applicant applies for registration by a method other than that prescribed in paragraph 1 of the preceding article.
- It is evident that the applicant has submitted false information during the application process described in paragraph 1 of the preceding article.
- The applicant has previously been forcibly removed from the service due to violations of these Terms of Service or other related terms.
- The site operator otherwise deems the registration to be inappropriate.
Article 9: Deletion of User Accounts
If a user wishes to delete their account, they shall make a request to the site operator using the method prescribed by the site operator.
The site operator may, at their discretion, forcibly delete a user’s account and restrict their access to the service if the user engages in any of the following actions:
- The user applied for registration by a method other than that prescribed in paragraph 1 of the preceding article.
- It is evident that the user registered false information at the time of application under paragraph 1 of the preceding article.
- The user has previously been forcibly removed from the service for violating these Terms of Service or other related terms.
- The site operator otherwise deems the user’s actions to be inappropriate.
Article 10: Management of Registered Email Addresses and Passwords
Users must register an email address under their control as their registered email address. If the registered email address is no longer under the user's control, the user must promptly change it to another usable email address that is under their control.
Users must register a usable email address of their designated monitoring partner as the registered email address and must obtain the monitoring partner’s consent for its use. If the monitoring partner refuses the registration, the user must promptly delete the monitoring settings.
Users shall strive to prevent unauthorized use of the registered email addresses and passwords of both themselves and their monitoring partners, and shall bear full responsibility for their management.
The site operator shall not be liable for any damages resulting from the use of registered email addresses or passwords by a third party, except in cases of gross negligence on the part of the site operator.
Article 11: Account Ownership
Each user may hold only one account.
A single individual may not hold multiple accounts, nor may multiple individuals jointly hold a single account, except in cases separately permitted by the site operator.
Users may not transfer or lend their account to any third party under any circumstances.
Article 12: Preparation of Usage Environment
Users shall be responsible for properly preparing, at their own cost and responsibility, all devices, software, and communication methods necessary to use the Service.
Users must register an available email address of their Watch Target as the registered email address, and must obtain the Watch Target’s consent for its use. If the Watch Target refuses to be registered, the user must promptly delete the monitoring settings.
The site operator shall not be involved in the user's usage environment in any way and shall bear no responsibility whatsoever for it.
Article 13: User Responsibilities
Users shall use the Service at their own responsibility and shall bear full responsibility for any and all actions taken using the Service and the consequences thereof.
Users are solely responsible for the content of any text or other information they post through the Service. The site operator bears no responsibility for the content of any text or other information posted by users through the Service.
If a user defames another person, infringes on privacy rights, discloses personal information of a third party without consent, violates the Copyright Act of 1970 (Act No. 48), or infringes on any other rights of others, the user must resolve such issues at their own expense and responsibility. The site operator bears no responsibility whatsoever for such matters.
Users acknowledge that the site operator is under no obligation to store any text or other information posted by users, and users shall back up any necessary information as appropriate.
Article 14: Prohibited Conduct
Users must not engage in any of the following acts when using the Service. If a user violates these prohibitions, the site operator may take disadvantageous measures such as forced account termination, suspension of use, partial or complete deletion of posted content, or changing the visibility of posts.
- Acts that infringe or may infringe the intellectual property rights such as copyrights or trademark rights of the site operator or others.
- Acts that infringe or may infringe on the property, privacy, or portrait rights of the site operator or others.
- Acts that unfairly discriminate, defame, or slander the site operator or others, promote such unfair discrimination, or damage the honor or trust of others.
- Impersonating someone else, falsely claiming representation or agency rights, or falsely claiming affiliation or cooperation with another person or organization when using the Service.
- Acts that lead to or may lead to crimes such as fraud, drug abuse, child prostitution, or illegal trading of bank accounts or mobile phones.
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Posting or displaying obscene content (including content that violates the ikitell! Watch Service guidelines), child pornography, or content equivalent to child abuse, or performing any of the following:
- Posting or displaying such content.
- Selling media containing such content.
- Posting or displaying advertisements that suggest the transmission, display, or sale of such content.
- Using the Service mainly for the purpose of engaging in sexual activities, obscene acts, or meeting with strangers.
- Promoting or encouraging participation in illegal gambling or betting.
- Soliciting, mediating, or inciting illegal acts such as the sale of firearms, bomb-making, provision of child pornography, forgery of official documents, murder, or threats.
- Inducing or soliciting others to commit suicide.
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Posting content that includes any of the following:
- Content that defames or insults existing posts.
- Personal identifiable information such as names, addresses, workplaces, or phone numbers, including information that, when combined with posted content, can identify an individual.
- False or unverifiable content.
- Information that should be reported to appropriate public agencies, such as issues related to hygiene management.
- Other content deemed inappropriate by the site operator.
- Sending or posting any of the following to posting-enabled areas or other users via message:
- Commercial advertisements, promotions, or solicitations (unless otherwise approved by the site operator).
- Solicitations for pyramid schemes, chain letters, MLM, lead mail, etc.
- Content that includes bank account numbers.
- Content linking to adult sites, one-click fraud sites, or other harmful sites (including simply posting links).
- Other content deemed inappropriate by the site operator.
- Sending indiscriminate messages to other users.
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Engaging in any of the following spam activities:
- Spam posts/messages: Posting or sending the same or similar content multiple times.
- Spam words: Posting large numbers of irrelevant or barely related words or excessively long posts.
- Spam URLs: Repeatedly posting or sending the same URL.
- Any other activity deemed as spam by the site operator.
- Posting or messaging solicitations to rate specific works, whether inside or outside the site (unless it does not undermine the credibility of the rating system).
- Holding multiple accounts by a single user or sharing one account among multiple people (unless approved by the site operator).
- Creating a new account after being forcibly removed due to violations of these Terms or other related rules.
- Using functions or tools beyond age-based restrictions (unless approved by the site operator).
- Unauthorized alteration or deletion of information stored on the operator’s equipment.
- Uploading or transmitting harmful computer programs such as viruses.
- Overloading servers of the operator or others, interfering with the operation or systems of the Service, or potentially doing so.
- Knowingly promoting any of the above activities by linking to them.
- Violating laws, public order and morals, these Terms, or other relevant rules, or infringing on the rights of others as determined by the operator.
- Quoting copyrighted works without proper citation.
- Any other acts deemed inappropriate by the site operator.
Article 15: Changes to the Service
The site operator may, at its own discretion and for any reason, add to, modify, restrict, suspend, or terminate the Service at any time.
Article 16: Rights Related to Posted Content
Users who post text or other content through the Service represent and warrant to the site operator that such content does not infringe upon the rights of any third party. In the event of any dispute with a third party, the user shall resolve the issue at their own expense and responsibility and shall not cause any inconvenience or damage to the site operator.
Article 17: License to Use Posted Content
The rights to any text or other content posted through the Service (including copyrights and related moral rights) shall belong to the user who posted the content.
The site operator may use the posted content within the scope necessary for the smooth operation of the Service and for the development, improvement, and maintenance of systems operated by the site operator.
In using such content as described in the preceding paragraph, the site operator may omit part of the content or the display of the user’s name.
The site operator shall not use the posted content beyond the user’s configured privacy or disclosure settings when using the content as described in paragraph 2.
Article 18: Service Fees
- Users can use the Service free of charge for a period of 14 days after completing account registration, referred to as the "Trial Period."
- If users wish to continue using the Service after the Trial Period ends, they must pay the service fee using the payment method specified in the following article, by the payment deadline.
- Even if the user is unable to receive the Service as provided in Article 21 of these Terms of Service, the user is still required to pay the service fee for the effective period of the Service as specified in this article.
- If the site operator deems it necessary, they may revise the service fees by notifying the user in advance through the website or app, and setting a transition period. If the user continues to use the Service after the transition period has ended, the user will be deemed to have agreed to the revised service fees.
Article 19: Payment Methods
- If the user is obligated to pay for the use of the Service, they shall make the payment using the payment service. If the user cancels the use of an individual service paid through the payment service or has the right to request a refund or similar, the user shall request the refund through the payment service.
- When using the payment service, the user agrees to comply with the rules and contract terms related to the use of the payment method specified by the payment service providers (hereinafter referred to as "Payment Rules").
- The user will make payments using the payment method (such as credit cards, carrier payments, etc.) registered in accordance with the Payment Rules and as specified by the payment service providers. The use of the payment service will be subject to any limitations, payment terms, or usage restrictions set by the payment service providers (if applicable).
- In the event of a dispute with the payment service providers or in relation to the payment service, the user will resolve the dispute at their own responsibility and expense, and will not cause any damage to the company. The company will not be held responsible for any such disputes.
- The user shall bear the costs associated with the necessary equipment, communication devices, internet connection, and communication fees to use the Service.
- The company will not issue receipts or similar documents for the payment of service fees.
Article 20: Termination of Use
If the user terminates the automatic renewal of the Service Agreement, they may continue to use the Service until the end of the current contract period, and no refunds will be provided on a prorated basis.
If the user does not wish to automatically renew the Service Agreement, they must follow the prescribed procedure for terminating the Service. The procedure for terminating the Service will vary depending on the payment method selected by the user under the previous Article.
The company will not provide any refunds or reimbursements for already received service fees or any other payments under any circumstances.
The user agrees without objection that if they terminate the use of the Service, their user ID is deleted, or for any other reason, the user can no longer access the Service, they may not be able to use or view all or part of the functions and content provided under the Service Agreement. Furthermore, even if the user enters into a new Service Agreement with the company, they may not be able to use or view the content in the same manner as before.
Article 21: Suspension or Termination of Service
- If the company reasonably determines that the user falls under any of the following categories, the company may, at its discretion, temporarily suspend the Service or terminate the Service Agreement without prior notice or demand:
- (1) If the user is found to have violated any of the provisions in Article 14 of these Terms of Service. (2) If the user delays the performance of payment obligations for the Service fees or any other debts, or refuses payment.
- If the user falls under any of the above circumstances, they will lose any benefits related to payment deadlines, and will be required to pay all outstanding Service fees and any other debts owed to the company in full at that time.
- The company will not be held responsible for any consequences resulting from the measures taken in the first paragraph, except in cases where the company is at fault.
Article 22: Disclaimer
The site operator is not involved in the communication or activities of users. In the event of any dispute between users, it is to be resolved between the users, and the site operator shall not be held responsible.
The site operator is not responsible for any damages arising from the addition, modification, suspension, or termination of the content of the Service. This also applies in cases where there are issues such as a decrease in display speed or system malfunctions due to excessive access or other unforeseen factors.
The site operator has no obligation to monitor or store the text or other information posted by users.
The site operator is not responsible for the legality, morality, reliability, or accuracy of the text or other information posted by users. The site operator also does not bear responsibility for ensuring that the text or other information posted by users complies with the internal regulations of the corporation, organization, or similar entity to which the user belongs.
If the site operator has reasonable grounds to believe that an act violating this agreement or an act likely to violate it has been performed, the site operator may take actions such as forcibly expelling the user, deleting all or part of the text or other information, or changing the scope of its publication. However, the site operator will not be held responsible for any damages arising from such actions.
There may be links to other websites or resources within the Service or links provided by third parties to other websites or resources. In such cases, the site operator does not manage these sites or resources, and is not responsible for the availability or use of external sites or resources.
The site operator may view, store, or disclose (hereinafter referred to as "view") the content of the text or other information under the following circumstances, but will not be responsible for any damages arising from this:
- When the site operator sends an email to the user who posted the text or other information requesting consent to view it.
- When the user agrees to the viewing.
- If the user does not send an email rejecting the viewing within 7 days of the request, unless there is an emergency reason.
- If necessary to identify and resolve technical issues in the Service.
- If the site operator receives a formal request from a public agency, such as a court or police, based on legal requirements.
- If the site operator believes there is a need to confirm the content of the posted information due to actions that violate or are likely to violate these terms.
- If there is an imminent danger to human life, body, or property, and the site operator determines there is an urgent need to view it.
- If the site operator determines it is necessary to operate the site appropriately, as outlined in Section 6, Item 2.
- If any other situations arise requiring such action to maintain proper site operation.
If there are matters that require notification to the user, the site operator will inform the user through the website in accordance with the agreement. The site operator will use reasonable judgment to determine what constitutes a "notification."
The site operator is not responsible for any damages arising from the publication of a work at an unintended time due to a system malfunction.
The site operator is not responsible for any damages arising from changes in the display state of a user’s posted text due to modifications made to resolve technical issues in the Service.
Furthermore, the site operator is not responsible for any content, advertisements, products, services, etc., included in or made available on external sites or resources. Therefore, the site operator shall not be liable for any damages (whether indirect or direct) arising from or related to those contents, advertisements, products, services, etc.
Article 23: Operator’s Deletion Authority
The site operator may take disadvantageous measures such as deleting all or part of the relevant text or other information or changing the scope of publication, regardless of the legality or whether the terms and conditions have been violated, under the following circumstances:
- If text or other information is posted on a page that does not restrict access by users under 18 years old, and the site operator determines that the content is inappropriate for viewing by users under 18.
- If a public agency or expert (including national governments, local public organizations, organizations specified by the guidelines on liability limitations and sender information disclosure under the Telecommunication Service Providers' Liability Limitation Act, trust verification bodies, Internet Hotlines, lawyers, etc.) issues a statement or opinion that the text or other information violates the law, public order, morals, or infringes on the rights of others.
- If a person claiming to be a rights holder submits a report that the text or other information infringes their rights. However, this will only apply if the rights holder provides documents that allow the site operator to reasonably determine that they are indeed the rights holder, and after the site operator has carefully reviewed the information and determined the individual to be the rights holder.
- If the site operator determines that the posted text or other information infringes a third party's copyright.
- If the site operator determines that a request for action regarding the text or other information has not been addressed for a certain period, and that this failure to address the issue is detrimental to the site.
Article 24: Validity of These Terms of Service and Other Terms and Conditions
Even if any provision of these Terms of Service or other terms and conditions is determined to be invalid based on laws or regulations, the remaining provisions of these Terms of Service and other terms and conditions shall remain valid.
If any provision of these Terms of Service or other terms and conditions is determined to be invalid or revoked in relation to a specific user, the terms and conditions shall remain valid in relation to other users.
Article 25: Measures Against Violations of These Terms of Service or Other Terms and Conditions
If you discover any actions that violate these Terms of Service or other terms and conditions, please report them through the inquiry form.
If a user is found to have violated these Terms of Service or other terms and conditions, or if the site operator deems it necessary, the site operator may take the following actions against the user:
- Request that the user stop the violating actions and refrain from repeating similar actions.
- Request the voluntary deletion or correction of text and other information.
- Delete all or part of the text and other information, change its public visibility, or make it inaccessible (private).
- Impose a forced account termination.
- Reject the application for membership from the applicant.
The user shall not raise any objections against the actions taken by the site operator based on the provisions of Article 8, Article 9, Section 2, Article 14, Article 20, and Section 2 of this Article in response to violations of these Terms of Service or other terms and conditions.
Article 26: Governing Law and Jurisdiction
The governing law for these Terms of Service shall be the laws of Japan.
In the event that litigation becomes necessary between the user and the site operator, the court designated by the site operator shall be the exclusive court of first instance with jurisdiction over the matter.
Supplementary Provisions
These Terms of Service shall be effective from January 1, 2019. These Terms of Service shall also apply to actions performed by users prior to the enforcement of these Terms. January 1, 2019: Amendments and Enforcement