1. (Introduction)
  1. These Terms of Service (hereinafter referred to as “Terms”) apply to all acts of the User for the use of any services provided by MediBang Inc. (hereinafter referred to as “Company”).
  2. These Terms state the conditions for the use of the Service. The User shall use the Service in compliance with these Terms of Service.
  3. By using the Service, the User shall be deemed to have agreed to all provisions of the Terms. Therefore, please read all provisions of these Terms before using the Service.
2. (Definitions)
  1. For the purpose of these Terms, the following terms shall have the following meanings, respectively:
    1. “Company” means MediBang Inc.
    2. “Site” means “MediBang” (https://medibang.com) operated by the Company.
    3. “Service” means all services provided on the Site and each application delivered by the Company.
    4. “User” means any person or entity registered as a user of the Service.
    5. “Graphics and Other Information” means information such as graphics or texts that the User posts by using the Service.
    6. “Post” means the User’s act of uploading graphics, text, etc., to This Site.
    7. “Submit” means graphics, and text, etc., uploaded to This Site by Users can be viewed by other Users.
    8. “Intellectual Property Right” means any copyright, trademark right, design right, patent right, utility model right, or other intellectual property rights (including rights to obtain or to apply for registrations of, such rights).
3. (Scope of Terms)
  1. Any other terms of service in addition to these Terms that the Company provides on the Site, regardless of names, shall constitute a part of these Terms.
  2. In the event of any difference between the provisions of these Terms and those of other terms of service stipulated in the preceding paragraph, such other terms of service shall prevail.
4. (Amendment of Terms)
  1. The Company may amend these Terms at any time at its discretion without prior notice.
  2. Unless otherwise provided for by the Company, any amendment of these Terms shall become effective at the time it is published on the Site.
  3. If the User continues to use the Service after the amendment of these Terms becomes effective, the User shall be deemed to have accepted all of such amended Terms.
5. (Handling of Personal Information)
  1. The Company shall properly handle any personal information in compliance with the Privacy Policy.
6. (Registration)
  1. Any person who wishes to use the Service may, upon consenting to these Terms, apply for registration of the use of the Service by submitting registration matters stipulated by the Company in a way designated by the Company.
  2. A person who applied for the registration (hereinafter referred to as “Registration Applicant”) shall become the User when the Company accepts the application for the registration.
  3. The Company may refuse any registration or reregistration without any obligation to disclose any of the reasons thereof, when the Registration Applicant falls under any of the following items:
    1. The Registration Applicant has applied for registration not in compliance with Paragraph 1 of this article;
    2. The Registration Applicant is either a minor, adult ward, person under curatorship, or person under assistance and has not obtained the consent of his/her statutory agent, guardian, curator, or assistant;
    3. In the Company’s judgment, the Registration Applicant is a person who was in breach of these Terms or any other terms of service, or is related to such person; or
    4. The Company considers inappropriate for any other reasons.
  4. The User shall promptly notify the Company of any changes to the registration information in a way designated by the Company. The User shall be liable for any damages that may arise because he/she has not given such notice of change to the registration information, and the Company shall assume no liability whatsoever therefor.
7. (Withdrawal)
  1. The User may withdraw from this Service and delete the User’s registration by notifying the Company in a way prescribed by the Company.
  2. Any handlings of the User’s information after the withdrawal shall be in compliance with the provisions of Article 5.
8. (Management of Password and User ID)
  1. The User shall endeavor to prevent improper use of the password and User ID and shall assume all responsibility to the management thereof.
  2. The User shall be liable for any damages arising out of any use by any third party of the password or User ID, and the Company shall assume no liability whatsoever therefor.
9. (Notice, Communication, etc.)
  1. Any notice or other communication from the Company to the User that the Company determines necessary shall be made by electronic mail, publication on the Site, or any other ways that the Company deems appropriate.
  2. The User consents that the Company may send electronic mails for the purpose of advertising or promoting business of the Company or any third party.
  3. The electronic mails in Paragraphs 1 and 2 shall be sent to the User’s mail address registered with the Company.
  4. When the Company publishes any notice or other communication in Paragraph 1 of this article on the Site, such notice or other communication shall be deemed to be given to the User on the day such notice or other communication is published on the Site. In case when any notice or other communication is made by electronic mail, such notice or other communication shall be deemed to be given to the User at the time such electronic mail is sent to the User by the Company.
  5. The User shall register with the Company an electronic mail address that is constantly contactable by the Company. In the event the Company makes any notice or other communication to the electronic mail address that the User has registered with the Company, the User shall be liable for any damages that may arise because the User cannot be contacted, and the Company shall assume no liability whatsoever therefor.
  6. Any communication from the User to the Company shall be made by an inquiry form on the Site, unless the Company designates any other ways. The company will not accept any communication by telephone or visit.
10. (Retention of Account)
  1. Users shall each retain one account. Except for the case otherwise approved by the Company, one User retaining multiple accounts or multiple Users sharing one account is prohibited.
  2. Under no circumstances may the User assign or lend the account to any third party.
11. (Maintenance of Environment for Use)
  1. The User shall appropriately maintain, at its own responsibility and expense, any equipment, software and communication devices necessary for the use of the Service.
  2. The User shall take security measures such as prevention of infection of computer viruses, unauthorized access, and information leakages in compliance with its environment for use.
  3. The Company shall have no involvement in the User’s environment for use nor shall assume any responsibility whatsoever thereto.
12. (Charge)
  1. The registration and use of the Service shall be free of charge (this does not include any services that this Company decides to charge for).
  2. When any paid service is provided, the separate terms of paid service shall be established concerning the contents, charges, payment, or other matters therefor.
13. (Selling, etc.)
  1. The User may sell to other Users the Graphics and Other Information that has been posted through the Service. For the purpose of this article, the User who makes a sale shall be called “Selling User,” and the User who makes a purchase shall be called “Purchasing User.”
  2. A contract between the Selling User and the Purchasing User shall be concluded at the time the purchasing procedures on the Service are completed.
  3. The Selling User may freely determine a selling price in between fifty (50) yen and three thousand (3,000) yen in increments of ten (10) yen. If any selling price is subject to consumption tax, such selling price shall be inclusive of such imposed consumption tax.
  4. The Selling User shall grant the Company the authority to receive the sales proceeds stipulated in this article; provided, however, the Company shall assume no obligation to collect such sales proceeds.
  5. The Company shall remit the sales proceeds of the Selling User to the bank account or PayPal account that the Selling User has registered with the Company in a way designated by the Company. Any charges for such remittance or currency exchange shall be borne by the Selling User. In case that the remittance was unable to be made properly due to any defect in the bank account or PayPal account information registered by the Selling User, a charge for return of remitted amount shall also be borne by the Selling User.
  6. The Company’s payment of the sales proceeds to the User in the preceding paragraph shall be closed on the previous day of the day the Selling User notifies the Company of a request of payment in a way designated by the Company and shall be paid on Friday of the following week of such request (if the payment day is a bank holiday, then on the following business day). In the case of PayPal payments, transfers will be made on Friday of the following week of such request (if the payment day is a holiday, then on the following business day). Provided, however, if the total of the sales proceeds that the Company has received is less than one thousand (1,000) yen, the Company may suspend the remittance. If the payment by Purchasing User of such sales proceeds is not made, or that such payment through a credit card company or otherwise is canceled, the Company shall have no obligation to pay such sales proceeds to the Selling User.
  7. In the event the Selling User withdraws from the Service, if an amount of the sales proceeds in the preceding paragraph that has not been paid by the Company is less than one thousand (1,000) yen at the time of such withdrawal, the Selling User shall be deemed to have waived such suspended sales proceeds, and the Company will not remit the said amount of the sales proceeds in the preceding paragraph to the Selling User.
  8. In the event that, within two (2) years from the day the contract is concluded as stipulated in Paragraph 2 of this article, the Selling User does not notify the Company of a request of payment in a way designated by the Company as stipulated in Paragraph 6 of this article, the Selling User shall be deemed to have released the Company from the payment obligation of such sales proceeds to the Selling User.
  9. Upon conclusion of the contract regarding the sale of Graphics and Other Information as stipulated in Paragraph 2 of this article, the right to access the Graphics and Other Information shall be granted from the Selling User to the Purchasing User. Such grant of the right shall not constitute any transfer of Intellectual Property Rights or any other rights, and the Selling User shall reserve all rights in the Graphics and Other Information.
  10. Any sale of the Graphics and Other Information shall be conducted between the Users, and such Users shall assume all responsibilities regarding thereto. Any dispute arising in relation to the sale shall be settled between the parties concerned, and the Company shall assume no responsibility what so ever thereto.
  11. The Selling User shall, at its responsibility, comply with any laws and ordinances applicable to its sale of the Graphics and Other Information (including without limitation, the Act on Specified Commercial Transactions), and shall perform the indication obligation under Article 11 of the Act on Specified Commercial Transactions and other obligations required under any other laws at its responsibility.
14. (Payment)
  1. The User shall, in purchasing the Graphics and Other Information through the Service, make payment by means of credit card or PayPal settlements designated by the Company.
  2. The User shall register the credit card information with the Company in a way designated by the Company before conducting such purchase.
  3. The User shall make payment in accordance with the payment terms separately determined by the issuing company of the credit card it uses. Provided, however, if such credit-card issuing company determines that the said credit card is invalid, counterfeit, improperly used by a third party, or otherwise not used properly, or if the credit card information registered with the Company is false or otherwise the Company determines that the credit card payment by such User is not appropriate, the Company may deny such credit card payment.
  4. In the even that any dispute should arise between the User and its credit-card issuing company in relation to the proceeds of sales hereunder or any other liabilities, such dispute shall be settled between the parties concerned, and the Company shall assume no responsibility what so ever thereto.
  5. The Company shall assume no liability for any problems that may arise between the User and PayPal.
  6. Under no circumstances shall the Company be liable for any damages incurred by The User arising out of using PayPal's services.
15. (Verification of Age)
  1. The Company shall, in case of the Graphics and Other Information that include inappropriate expression for person under eighteen (18), verify if a person who wishes to access the same is eighteen (18) years of age or older.
  2. The User shall restrict access to such Graphics and Other Information by a person under eighteen (18) through a procedure designated by the Company if the Graphics and Other Information that it has posted includes any expression that
    1. is sexually explicit that may induce excessive sexual feelings,
    2. portrays violent and/or bloody scenes, or
    3. may induce any crime or other antisocial acts.
  3. Even if the User does not restrict access to the Graphics and Other Information that it has posted as stipulated in the preceding paragraph, the Company may, in its own judgment, set such access restriction stipulated in the preceding paragraph to such Graphics and Other Information.
16. (User’s Responsibility)
  1. The User shall use the Service at its own responsibility and assume any and all liability for any act conducted by using the Service and its consequences.
  2. The User shall post the Graphics and Other Information on the Service at its own responsibility, and the Company shall provide no warranty as to the contents thereof or assume no responsibility what so ever thereto.
  3. In the event that the User damages other person’s reputation, infringes the right of privacy, discloses the personal information of any third party without permission, commits any act in violation of the Copyright Act or otherwise infringes other person’s right, or that any complaint or other claims are made against it, such User shall settle the same at its own responsibility and expense, and the Company shall assume no responsibility what so ever thereto.
  4. The User shall, at its own responsibility, manage, save, and back up the Graphics and Other Information that it has posted on the Service, and the Company shall assume no responsibility what so ever to such management, saving, backup, or otherwise.
17. (Prohibited Matters)
  1. No User may conduct any of the following acts in using the Service. In the event the Company determines that any violation of this Prohibited Matters provision has been committed, unfavorable measures such as deregistration, suspension of use, or deletion or suspension of publication of the Graphics and Other Information in whole or part may be taken.
    1. Act that is in breach of these Terms or any other terms of service;
    2. Act that is or appears likely in violation of any laws and ordinances or public order and morals;
    3. Act that is or appears likely related to any crime;
    4. Act that infringes or appears likely to infringe the Intellectual Property Rights, right of publicity, right of privacy, honor, reputation, or other rights of the Company or any third party;
    5. Sexual, obscene or violent expressions, or other acts that appear likely to cause discomfort to others;
    6. Posting or showing of the Graphics and Other Information that constitute obscenity, child pornography or child abuse, selling of any media that include such Graphics and Other Information, or posting or showing of any advertisement that evokes transmission, presentation, or sales of any media that include such Graphics and Other Information;
    7. Posting or placing of computer viruses or other harmful computer program;
    8. Act that includes any expression related to any ethnic group, religion, race, sex, age, or otherwise that leads to discrimination;
    9. Act that may solicit, induce, or facilitate a suicide, mass suicide, self-injury, or use of illegal or illicit drugs;
    10. Act that is conducted for the purpose of meeting unacquainted persons of the opposite sex;
    11. Act that overloads or appears likely to overload the networks or systems of the Service;
    12. Unauthorized rewriting or erasure of any information stored in the Company’s facilities;
    13. Unauthorized access or attempt of unauthorized access to the networks, systems or otherwise of the Company;
    14. Impersonation of the Company or a third party;
    15. Use of ID or passwords of other Users of the Service;
    16. Promotion, advertisement, solicitation, or marketing on the Service that is not approved by the Company in advance;
    17. Posting of the Graphics and Other Information that includes links to any affiliates;
    18. Act that exploits or abuses bugs or other defects in any program of the Service;
    19. Operation of or solicitation to endless money chains, chain mails, MLM, PTR, etc.;
    20. Act that leads (including putting a link) to any pornographic website, one-click fraud website, website of which purpose is to spread computer viruses or other harmful computer program, or other websites that the Company determines inappropriate; or
    21. Any other acts that the Company determines inappropriate.
18. (Suspension of Service)
  1. The Company may suspend or discontinue the whole or part of the provision of the Service without prior notice in the event that:
    1. any inspection or maintenance work is regularly or urgently conducted on any computer systems of the Service;
    2. any computers, communication lines, or other similar means are suspended due to any accident;
    3. the operation of the Service is impossible due to any force majeure causes, such as earthquake, lightning and thunder, fire, windstorm, flood, power failure, or any other acts of God; or
    4. the Company determines that it is necessary to suspend or discontinue for any other reasons.
  2. The Company shall assume no liability whatsoever for any damages incurred by any User arising out of any act conducted by the Company under this article.
19. (Change of Contents and Termination of Service)
  1. The Company may, in its own judgment, change any contents of, or terminate the provision of the Service any time without any prior notice. Provided, however, the Company shall, to the extent possible, endeavor to notify the User in advance of any changes important to the User or the termination of the provision of the Service.
  2. The Company shall assume no liability whatsoever for any damage incurred by any User arising out of any act conducted by the Company under this article.
20. (Ownership of Rights)
  1. The User represents and warrants to the Company that it has the right to post and otherwise transmit the Graphics and Other Information and that any of the Graphics and Other Information does not infringe any right of any third party.
  2. The User acknowledges that the Intellectual Property Rights, including the copyright and any other rights relating to any information (hereinafter including font, image, sound, voice, text, etc.) that the Company provides to the User through the Service, belong to the Company or the relevant licensor of the Company.
  3. All intellectual property rights relating to the Graphics and Other Information that the User has posted on the Service shall belong to the User who created such Graphics and Other Information.
  4. The User hereby permits the Company to use the Graphics and Other Information that the User has submitted using the Service, free of charge, for advertisement, promotion, or other similar purposes.
  5. The User agrees that, in case of the use in the preceding paragraph, it will not exercise any moral rights of author against the Company or any party who succeeded such right from the Company or to whom the Company granted such right.
  6. Notwithstanding the preceding two paragraphs, the Company may inspect, store, or disclose to a third party (hereinafter referred to as “Inspection, etc.”) in the event that:
    1. the Company transmits an electronic mail to the registered electronic mail address of the User who posted the Graphics and Other Information requesting a consent to the Inspection, etc., and when
      1. such User consents to the Inspection, etc., or
      2. within seven (7) days after the Company transmitted the electronic mail requesting a consent to the Inspection, etc., no reply electronic mail from such User rejecting such request reached the Company’s mail server, except where any urgent and unavoidable cause should arise;
    2. it is necessary for identification and resolution of any technical defects of the Service;
    3. the Company receives any official inquiry under laws and ordinances from any court, police, or other public agencies;
    4. any act that is or appears likely in breach of these Terms has been committed, and the Company determines that it is necessary to review the contents of the Graphics and Other Information;
    5. there is an immediate danger to life, body or property of any person, and the Company determines the urgent need; or
    6. it is otherwise necessary for appropriate operation of the Site.
21. (Company’s Authority to Delete)
  1. The Company may take unfavorable measures such as deletion or suspension of publication of the relevant Graphics and Other Information in whole or part, regardless of any illegality of such Graphics and Other Information or any breach of these Terms, in the event that:
    1. the Graphics and Other Information that the Company determines obscene are posted;
    2. a public agency or professional (means national or local government, credibility affirmation organization provided for in the Guideline for Act on the Limitation for Damages of Specified Telecommunication Service Providers and the Right to Demand Disclosure of Identification Information of the Senders, Internet Hotline Center, lawyer, etc.) indicates or represents an opinion that the Graphics and Other Information are illegal, in violation of public order and morals, infringing the rights of other person or otherwise; or
    3. an alleged right holder claims that the Graphics and Other Information are infringing his/her right, provided, however, only when such alleged right holder submits any materials from which the Company may reasonably determine if he/she is the right holder, and the Company determines, after careful consideration, that he/she is the right holder.
22. (Suspension of Use, Deregistration, etc.)
  1. If the Company determines that the User falls under any one of the following items, the Company may suspend the publication of or remove the whole or part of the Graphics and Other Information that has been posted, suspend the provision of the Service to such User, or deny or delete such User’s registration without prior notice:
    1. In the event the User breaches any of the provisions of these Terms;
    2. In the event it becomes clear that there is any false representation of fact in the registration matters;
    3. In the event the User has not used the Service for six (6) months or more;
    4. In the event the User has not responded to an inquiry or any other communication from the Company requesting any response for seven (7) days or more;
    5. In the event the User falls under any of the items in Article 6, Paragraph 3; or
    6. In any other events the Company determines to be inappropriate to approve the use of the Service by the User or registration of the User, or to continue the use of the Service by the User.
  2. The Company shall assume no liability whatsoever for any damages incurred by the User arising out of any act conducted by the Company under this article.
23. (Disclaimer)
  1. The Company shall assume no responsibility what so ever to any dispute between the User and any other User or third party arising in relation to the Service or the Site.
  2. The Company shall assume no responsibility what so ever to legality, accuracy or otherwise of the Graphics and Other Information to be posted by any User, nor shall assume any responsibility what so ever to adequacy regarding any internal rules, etc. of the entity or other organization that the User belongs.
  3. The Company shall assume no obligation to monitor, store or delete any User’s act or the Graphics and Other Information.
  4. The Company shall assume no liability what so ever for any damages incurred by the User arising out of any use of the Service, including any suspension, discontinuance, termination, unavailability or change of the provision of the Service by the Company, any suspension of publication, deletion or loss of the Graphics and Other Information that the User has posted to the Service, any deregistration of the User, any loss of the Graphics and Other Information or failure or damage to any equipment due to the use of the Service, or any decrease in display speed or failure due to excess of accesses or any other unanticipated causes.
  5. Even in the event that the Company shall assume any liability for some reason, the Company will be liable only for direct damages incurred by the User and shall not be liable for any incidental, indirect, special or future damages or lost profit. Also, the Company’s liability shall not exceed the amount obtained by multiplying the total amount of the sales proceeds that the User actually received from the Company under Article 13 during the period of one (1) month prior to the time the cause of such damage has occurred by 20% (if no sales proceeds are received by the User, up to 1,000 yen).
24. (Confidentiality)
  1. The User shall keep any information that is not publicly known and that the Company requested the User to keep in confidence in relation to the Service except when the Company has given prior written approval.
25. (Assignment of Contractual Status in Use of Service)
  1. No User may assign, transfer, pledge, or otherwise dispose of its contractual status in use of service or rights or obligations under these Terms to any third party without prior written approval of the Company.
  2. If the Company assigns the business relating to the Service to any other entity, the Company may, along with such business assignment, assign its contractual status in use of service and rights and obligations under these Terms, and Users’ registration matters and other customer information to the assignee of such business assignment; and the User shall be deemed to have consented to such assignment under this paragraph. The assignment of business stipulated in this paragraph shall include not only normal business assignments but also company splits and any other situations that business is transferred.
26. (Severability)
  1. If any of the provisions of these Terms or any other terms of service should be held under any laws and ordinances to be invalid, the remaining provisions of these Terms and any other terms of service shall remain in full force and effect.
  2. If any of the provisions of these Terms or any other terms of service should be held to be invalid or canceled in relation to a User, these Terms and any other terms of service shall remain in full force and effect in relation to other Users.
27. (Governing Law and Competent Court)
  1. These Terms shall be governed by the laws of Japan. The Tokyo Summary Court or The Tokyo District Court shall be the agreed court of first instance having the exclusive jurisdiction over all judicial disputes that may arise.
Supplementary Provisions
Established: May 8, 2014
Amended: June 23, 2014
Amended: November 20, 2014
Amended: December 8, 2014
Amended: March 12, 2015
Amended: March 26, 2015
Amended: October 22, 2015
Amended: March 3,2016
Amended: June 9, 2016