Terms of Use

1. Introduction.

These Terms of Use shall apply to all activities using the services, functions, and content provided by Listworks, LLC on this site.
These Terms of Use define the terms and conditions of use of the Site.
The User shall use the Service upon agreeing to these Terms of Use.
By using the Service, the User agrees to be bound by the terms and conditions of this TOS as described below.

2. Definitions.

Terms used in these Terms of Use shall have the meanings set forth in the following items.

1. "This site" means the website called "ikitell" operated by the site operator.
2. "Site operator" means Listworks LLC, which manages and operates the Site..
3. "This Service" means all services provided on this site.
4. "Other Terms of Use" means any other provisions, regardless of the name of the Terms of Use, that are not part of these Terms of Use and that govern the terms and conditions of use of this Service.
5. "User" means a person who has registered to use this site.
6. "Watch Over Partner" refers to a person who has registered to use this site.
7. "Watch Over Registration" means that a user posts information about any "Watch Over Partner in the "Watch Over Settings" section of this service.
8. "Registered e-mail address" means the e-mail address information provided by the user to the site operator for the purpose of receiving this service.
9. "Password" means a string of characters used to identify a user by comparing it with the user's registered e-mail address when the user uses this service.
10. "Text and other information" means text, images, and other information that you can post using this service.
11. "Posting" means the act of uploading text or other information to this site by a user.
12. "Payment service providers" include credit card companies, settlement agents, collection agencies, payment authentication service providers, and financial institutions.

3. Scope of this Terms of Use

This site contains these Terms of Service and other terms and conditions of use that govern the use of this service.
Other Terms of Use, etc. shall constitute a part of these Terms of Use, regardless of the name by which they are called.
In the event of any discrepancy between the provisions of these Terms of Use and those of the Other Terms of Use, the provisions of the Other Terms of Use shall take precedence over these Terms of Use.

4. Changes to Terms of Use

The site operator may change these Terms of Use at any time and for any reason at the discretion of the site operator.
The modified Terms of Use shall take effect from the time they are posted on this site, unless otherwise specified by the Site Operator.
If a user uses this service after the changes to these Terms of Use become effective, the user is deemed to have agreed to all of the terms and conditions of the revised Terms of Use.

5. Handling of Personal Information

The site operator shall handle personal information appropriately in accordance with the "Privacy Policy".

6. Communications Security

The site operator will endeavor to protect the user's communications.
In the following cases, the site operator shall not assume the confidentiality obligations of the preceding paragraph within the scope stipulated in each of the following items.

1. In the event of a compulsory disposition or court order pursuant to the provisions of the Act on Interception of Communications for Criminal Investigation (to the extent provided for in said disposition or court order).
2. In the event of a mandatory disposition based on laws and regulations (within the scope stipulated by such disposition or order).
3. When the site operator determines that the requirements for a disclosure request based on the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Disclosure of Identification Information of Senders have been met (within the scope of such disclosure request).
4. When the site operator deems it necessary for the protection of the life, body, or property of another person (to the extent necessary for the protection of the life, body, or property of another person).

7. User Account Registration

1. A person who wishes to use this service shall agree to the "Terms of Use" and shall register as a user in the manner prescribed by the site operator.
2. A person who wishes to use this service shall become a user upon completion of the user registration.
3. The Site Operator will provide users with notifications of new services, distribution of advertisements, administrative communications regarding the operation of the Service, and other information.

8. Non-Compliance with User Registration

If any of the following items applies, the site operator may, at its own discretion, refuse to accept the user registration of the prospective user.

1. When an applicant for membership has applied for user registration without following the method described in Paragraph 1 of the preceding Article.
2. When it is clear that the applicant for membership has registered false information when he/she registered as a user under Paragraph 1 of the preceding article.
3. The applicant is a person who has been involuntarily withdrawn from membership due to violation of these Terms of Use or other Terms of Use, etc. in the past.
4. Other cases in which the site operator deems it inappropriate.

9. User Account Deletion

If a user wishes to delete his/her account, the user shall submit a request for account deletion to the Site Operator in accordance with the method prescribed by the Site Operator.
The Site Operator may, at its discretion, forcibly delete a user's account and restrict the user's use of this service if the user commits any of the following acts.

1. When it becomes clear that the application for membership was made without following the method described in Article 7, Paragraph 1.
2. When it becomes clear that there is a falsehood in the information registered at the time of application for membership in accordance with Article 7, Paragraph 1.
3. In the event of any violation of these Terms of Use or other Terms of Use, etc.
4. In the event that the site operator deems that the applicant is otherwise inappropriate.

10. Management of registered email addresses and passwords

11. Account Holdings

Each user shall have one account.
One person may not have multiple accounts, and multiple people may not jointly hold a single account.
The User may not have more than one account, nor may more than one person share an account, except as otherwise permitted by the Site Operator.
The User may not, under any circumstances, transfer or lend his/her account to a third party.

12. Improvement of the Usage Environment

13. User Responsibility

14. prohibited activity

In using this service, users shall not engage in any of the following acts.
If a User violates any of the prohibited acts, the Company may take adverse measures such as forcible withdrawal from membership, suspension of use, deletion of all or part of the text or other information, or change in the scope of publication.

1. Actions that infringe or may infringe intellectual property rights such as copyrights and trademarks of the site operator or other parties.
2. Acts that infringe or may infringe the property, privacy, or portrait rights of the Site Operator or others.
3. Acts that unfairly discriminate or slander the site operator or others, promote unfair discrimination against others, or damage their honor or credibility.
4. Using this service under the name of a person other than oneself, pretending to have authority to represent or act on behalf of another even though one does not have such authority, or falsely claiming to be in partnership or cooperation with another person or organization.
5. Actions that lead or may lead to crimes such as fraud, abuse of controlled substances, child prostitution, illegal sale or purchase of savings accounts and cell phones, etc.
6. Conducting any of the following acts with respect to text or other information that is obscene (including those that violate the guidelines of the ikitell! Watch Over service), child pornography, or child abuse (hereinafter in this item, "such information").
   1. Posting or displaying such information.
   2. Selling the media containing such information.
   3. Posting or displaying advertisements that evoke the transmission, display, or sale of media containing such information.
   4. Use of the site for the primary purpose of sexual intercourse, indecent acts, or encounters with the opposite sex with whom one is not acquainted.
   5. Any act that causes illegal gambling or solicits participation in illegal gambling or gambling.
   6. Act to undertake, mediate, or induce illegal activities (e.g., transfer of guns, manufacture of explosives, provision of child pornography, forgery of official documents, murder, threats, etc.).
   7. Inducing or soliciting others to commit suicide.
7. Actions involving the following types of information in the act of posting text or other information.
   1. Information that defames or slanders the posted text or other information.
   2. Information that could identify an individual, such as name, address, place of employment, telephone number, etc. (This includes information that could be used to identify an individual by comparing it with posted text or other information.
   3. Information that is difficult to verify as to whether it is true or false.
   4. Information on matters that should be reported to appropriate public agencies, such as health management problems.
   5. Other information that the site operator deems inappropriate.
8. Posting the following text or other information in any area of this site where it can be posted, or sending messages to other users.
   1. Text or other information for the purpose of commercial advertisement, promotion, or solicitation. However, this excludes information that has been separately approved by the site operator.
   2. Texts or other information that solicit others, such as pyramid schemes, chain mail, MLM, and lead mail.
   3. Text or other information including account numbers of financial institutions, etc.
   4. Text or other information that leads to sites that the site operator deems inappropriate, such as adult sites, one-click fraud sites, and sites that aim to spread viruses or other harmful computer programs (including the mere act of posting a link).
   5. Any other text or other information that the site operator deems inappropriate.
   6. Indiscriminately sending messages to other users.
9. The following spamming activities.
   1. Spam Postings and Spam Messages: An act of posting or sending a message in which one or more users post the same or similar text in a postable area of this site.
   2. Spam Words: An act by one or more users of posting multiple words or phrases that are unrelated to or have little relevance to a particular section of this site, or posting extremely long sentences or large numbers of words or phrases.
   3. Spam URLs: Actions in which one or more users post or send a message with the same URL to a posting area on this site.
   4. Other acts that the site operator deems to be spam.
   5. Actions by one or more users to post or send a message requesting evaluation of a specific work, whether inside or outside this site. (However, this excludes acts that are deemed to have no risk of damaging the credibility of the evaluation system of this site.
   6. Actions where one person holds multiple accounts, or where multiple people jointly hold a single account. However, this excludes acts that are separately approved by the site operator.
   7. A new user account is held by a person who has violated the Terms of Use and has been forcibly withdrawn from the site by the site operator.
   8. Actions that deviate from the limitations of functions and tools according to the user's age and use of this service. However, this excludes those otherwise approved by the Site Operator.
   9. Acts of illegally rewriting or deleting information stored in the Site Operator's facilities.
   10. Transmission or posting of harmful computer programs such as viruses.
   11. Actions that burden the server of the site operator or others, or that interfere with the operation of this service or the network system, or actions that have the potential to do so.
   12. Actions to post links for the purpose of facilitating such actions, knowing that such actions fall under any of the preceding items.
   13. Actions that the site operator deems to be in violation of the law, public order and morals, these Terms of Use, or other terms of use, or that infringe on the rights of others.
   14. Quoting other people's works without indicating the source of the quotation.
   15. Other acts that the site operator deems inappropriate.

15. Change of Service, etc

The site operator reserves the right to add, modify, limit, suspend, or terminate this service at any time and for any reason.

16. Rights regarding textual information

Users who post textual information using the Service shall guarantee to the site operator that such textual information does not infringe on the rights of any third party.
In the event of any dispute with a third party, the user shall resolve the dispute at the user's expense and responsibility, and shall not cause any inconvenience or damage to the site operator.

17. Licensing of textual information

The rights (copyrights, moral rights, and other related rights) to the textual information posted using the Service belong to the user who posted it.

The site operator may use the textual information posted by users to the extent necessary for the smooth provision of this service and the construction, improvement, and maintenance of the system operated by the site operator.

When the site operator uses textual information in the form prescribed in the preceding paragraph, the site operator may omit a part of the information or the display of the name.

The site operator will not use textual information in a manner that exceeds the scope of information disclosure set by the user in the use of textual information in the manner specified in Paragraph 2.

18. Usage Fees

1. Users can use the service free of charge for a “trial period” of 7 days from the completion of account registration.
2. If you wish to continue using the Service after the “Trial Period,” you shall pay the usage fee for the Service by the payment method specified in the following article by the due date.

19. Method of Payment

1. When a User is obligated to pay the Service Usage Fees, etc., the User shall settle such payment using the Payment Services. If the User cancels the use of individual services settled by the settlement service or otherwise has the right to receive a refund, etc., the User shall receive such refund, etc. through the settlement service.
2. When using payment services, users shall comply with the rules regarding the use of such payment methods, etc., as stipulated by payment service providers, etc., or with the contractual terms and conditions, etc., pertaining to such payment methods, etc.
3. When using the Payment Services, the User shall make payment using a payment method (credit card, carrier payment, etc.) registered in accordance with the Payment Rules, etc. or as designated by the Payment Service Provider, etc.
   The use of payment services shall be subject to the terms of use, payment conditions, or limits on usage (if any) specified by payment service providers, etc.
4. In the event that a dispute arises regarding payment services or with payment service providers, etc., users shall resolve such disputes at their own responsibility and expense, and shall not cause any damage to the Company. The Company shall not be liable for any such disputes.
5. The user shall bear the cost of all information terminal equipment, telecommunications equipment, and other facilities necessary to use the Service, as well as telecommunications costs related to Internet access.
6. The Company shall not issue receipts, etc. for the settlement of usage fees.

20 End of use

If the User terminates the automatic renewal of the Service Usage Contract, the User may continue to use the Service until the expiration of the relevant contract period, and shall not be reimbursed on a pro-rata basis.
In the event of non-automatic renewal of the Service subscription, the User shall follow the prescribed procedures for termination of use of the Service. The procedure for termination of use of the Service shall vary depending on the payment method selected by the User in accordance with the preceding Article.
In no event shall the Company refund any usage fees or other monies already received by the Company.
The User acknowledges and agrees that if the User terminates use of the Service, if the User ID is deleted, or if the User is unable to use the Service for any other reason, the User may not be able to use or view all or part of the functions and content distributed under the Service Use Agreement. If a user becomes unable to use the Service due to deletion or other reasons, the user agrees, without objection, that the user may not be able to use or view all or part of the functions and distributed contents, etc. that were available under the Service Agreement. Even if the User re-enters the Service Agreement, the User may not be able to use or view the Service in the same manner.

21. Suspension or deregistration of service

1. In the event that a user falls under any of the following categories, we may, at our discretion, temporarily suspend the Service or terminate the Service Use Agreement without prior notice or demand to the user in question.
2. 1. If site operator reasonably determines that any one of the items in Article 14 of this Agreement applies to you.
   2. The user delays or refuses to pay the usage fees for this service or any other obligation.
3. In the event that the User falls under any one of the items of the preceding paragraph, the User shall forfeit the benefit of time and pay in a lump sum all Service usage fees and any other debts owed to the Site Operator that have accrued as of the relevant time.
4. The Site Operator shall not be liable for any consequences arising out of the measures taken as provided in Paragraph 1, unless such consequences are attributable to the Site Operator.

22. Disclaimers

The site operator will not be involved in any user communications or activities. In the unlikely event of a dispute between users, such dispute shall be resolved between the relevant users, and the site operator shall not be held responsible for such dispute.

The site operator shall not be liable for any damages caused by additions or changes to the contents of this service, or by the interruption or termination of this service. The same shall apply in the event of slowdowns or failures in display speed due to excessive access or other unforeseen factors.

The site operator is under no obligation to monitor or store any text or other information posted by users.

The site operator is not responsible for the legality, morality, reliability, or accuracy of the text and other information posted by users. The Site Operator is also not responsible for the conformity of the text and other information posted by users to the internal rules and regulations of the corporation or organization to which the user belongs.

If the site operator has reasonable grounds to believe that a user has committed or may commit an act in violation of these Terms of Use or other terms of use, the site operator may forcibly terminate the membership of the user who has committed such an act, delete all or part of the text or other information, or change the scope of publication. However, the Company shall not be liable for any damages resulting from such actions.

There may be links from within the Service to other websites or resources, or third parties may provide links to other websites or resources. In such cases, the site operator has no control over such sites or resources and is not responsible for the use of such sites or resources outside of the Service.

The site operator may view, store, or disclose to a third party (hereinafter referred to as “viewing, etc.” in this section) the contents of the text and other information in the following cases. The site operator shall not be liable for any damage caused thereby.

1. When the site operator sends an e-mail to the registered e-mail address of the user who posted the text or other information, requesting consent to view.
2. When the user concerned has consented to the viewing.
3. When the user's e-mail response to the effect that he/she rejects the request has not reached the site operator's mail server within 7 days after the site operator sends an e-mail requesting consent for browsing. However, this excludes cases where an emergency and unavoidable reason arises.
4. When necessary to clarify and resolve the causes of technical malfunctions of the Service.
5. When we receive an official inquiry from a court of law, the police, or other public institution in accordance with laws and regulations.
6. When the site operator deems it necessary to verify the contents of the posted information due to an act that violates or may violate these Terms of Use.
7. When the site operator determines that there is an imminent danger to the life, body, or property of a person and that there is an urgent need to do so.
8. When any of the matters listed in each item of Article 6, Paragraph 2 applies.
9. When it becomes necessary for the proper operation of this website.

サイト運営者からユーザーへ、通知すべき事柄が生じたときは、規約に従って本サイト上でユーザーにお知らせします。その内容が「通知すべき事柄」に当たるか否かについては、サイト運営者が常識と合理的判断を元に誠実に判断するものとします。

サイト運営者は、システム障害によってユーザーの意図しない時期での作品公開が行なわれた場合でも、その障害によって発生した損害について、一切の責任を負いません。

サイト運営者は、本サービスの技術的不具合を解消するために行なった仕様変更によって、ユーザーの投稿したテキストの表示状態が変更された場合でも、その表示状態の変更によって発生した損害について、一切の責任を負いません。

また、当該サイトやリソースに包含され、または当該サイトやリソース上で利用が可能となっているコンテンツ、広告、商品、役務などについては一切責任を負うものではありません。
したがって、サイト運営者には、それらのコンテンツ、広告、商品、サービスなどに起因または関連して生じた一切の損害（間接的であると直接的であるとを問いません）について、責任を負いません。

第23条 サイト運営者の削除権限

サイト運営者は、次に掲げる場合には、テキスト等の情報の違法性・規約違反の有無にかかわらず、関連するテキスト等の情報について、その全部もしくは一部の削除又は公開範囲の変更等の不利益な措置を行うことができるものとします。

1. サイト運営者が18歳未満の閲覧を制限していないページにおいて、18歳未満が閲覧するにふさわしくないと判断されるテキスト等の情報が投稿された場合。
2. 公的な機関又は専門家（国、地方公共団体、特定電気通信役務提供者の損害賠償責任の制限及び発信者情報の開示に関する法律のガイドラインに規定された信頼性確認団体、インターネット・ホットライン、弁護士等をいいます）から、テキスト等の情報について、違法、公序良俗違反又は他人の権利を侵害する等の指摘・意見表明があった場合。
3. 権利者と称する者から、テキスト等の情報が自分の権利を侵害する旨の申告があった場合。ただし、権利者と称する者から、権利者であることを合理的に判断できる資料を提示され、サイト運営者にて慎重に検討した結果、権利者であるとサイト運営者が判断した場合に限る。
4. 投稿されたテキスト等の情報が第三者の著作権を侵害するとサイト運営者が判断した場合。
5. テキスト等の情報に関してサイト運営者より行なわれた対応要請連絡に対し、対応が確認されない状態が一定期間継続した後、その状態が当サイトの不利益となるとサイト運営者が判断した場合。

第24条 本利用規約及びその他の利用規約等の有効性

本利用規約及びその他の利用規約等の規定の一部が法令に基づいて無効と判断されても、本利用規約及びその他の利用規約等のその他の規定は有効とします。 利用規約等の規定の一部があるユーザーとの関係で無効とされ、又は取り消された場合でも、利用規約等はその他のユーザーとの関係では有効とします。

第25条 本利用規約又はその他の利用規約等違反行為等への対処

本利用規約又はその他の利用規約等に違反する行為を発見した場合には、お問い合わせフォームから通報してください。

ユーザーが本利用規約又はその他の利用規約等に違反したと認められる場合、その他サイト運営者が必要と認める場合は、サイト運営者は当該ユーザーに対し以下の対処を講ずることがあります。

1. 本利用規約又はその他の利用規約等に違反する行為等を止め、同様の行為を繰り返さないことを要求すること。
2. テキスト等の情報の自発的削除・訂正を求めること。
3. テキスト等の情報の全部もしくは一部を削除し、公開範囲を変更し、又は閲覧できない状態（非公開）にすること。
4. 強制退会処分とすること。
5. 入会申込者の入会申込を承諾しないこと。
6. ユーザーは、サイト運営者が第8条、第9条第2項、第14条、第20条及び本条第2項の規定に基づいて行った本利用規約又はその他の利用規約等に違反する行為等への対処について、異議を申し立てることはできないものとします。

第26条 準拠法及び管轄裁判所

本利用規約の準拠法は、日本法とします。
ユーザーとサイト運営者の間で訴訟の必要が生じた場合、サイト運営者が指定する裁判所を第一審の専属的合意管轄裁判所とします。

附則

本利用規約は平成31年1月1日から施行します。
本利用規約の施行前にユーザーによって行われた行為についても本利用規約が適用されます。
平成31年1月1日　変更・施行