Terms of Use Forest of Night Sheep
These terms of use set forth terms and conditions applying when you use the content distribution services named as “Forest of Night Sheep by Shueisha” provided by Shueisha Inc.
Article 1: Definition
In these terms of use, the following words shall have the following meanings:
(1) “The Terms of Use” shall mean these terms of use applicable for Forest of Night Sheep by Shueisha;
(2) “Our Company” shall mean Shueisha Inc.;
(3) “The Application” shall mean “Forest of Night Sheep by Shueisha”, the application for electronic devices by Our Company.
(4) “Contents” shall mean contents provided by the Service including texts, sentences, information, news, software, application, video, sound and image including manga. Contents also include links to other services than the webpages of the Services.
(5) “The Website” shall mean the website that is related to “Forest of Night Sheep by Shueisha” by Shueisha Inc.
(6) “The Services” shall mean all the services Our Company provides by the name of “Forest of Night Sheep by Shueisha” by Shueisha Inc including content distribution service.
(7) “User(s)” shall mean any and all customer(s) who use the Services. User(s) shall also include those who intend to become User(s).
Article 2: Scope of Application
1. The Terms of Use shall apply to any activity in relation to use of the Services. By using the Application and the Services, Users have deemed agreed to the Terms of Use. Should you cannot agree to the Terms of Use, you cannot use the Application nor the Services.
2. If there are terms and conditions incidental and related to The Terms of Use, those terms and conditions shall constitute a part of The Terms of Use. (hereinafter referred to as "The Terms of Use" shall also agree to these terms and conditions).
3. If there are terms and conditions ancillary or in relation to the Terms of Use, such terms of use shall form a part of the Terms of Use (hereinafter, the “Terms of Use” shall include such terms and conditions.);
4. If there is a conflict between the Terms of Use and such terms of use stated in the preceding paragraph, the latter shall prevail.
5. In the event that any part of the Terms of Use is held by a court of competent jurisdiction to be illegal or invalid, the remaining terms and provisions shall survive, remain in full force and effect and continue to be binding.
Article 3: Indication and Change of the Terms of Use
1. The Terms of Use shall be showed to Users on App Store, Google Play, this website or by other means that Our Company reasonably deems appropriate.
2. Our Company may change any terms and conditions of the Terms of Use from time to time. Our Company changes the Terms of Use when Our Company deems that change may be beneficial to Users or change may not be against the purpose of the Terms of Use and that change is reasonable taking into consideration relevant factors including necessity, reasonableness of the changed terms. Users shall agree in advance that, in such cases, individual agreements of Users are not necessary for change of the Terms of Use and changed Terms of Use shall apply to use of this website and the Services.
3. If Our Company deems that a change of contents stated in the preceding paragraph is important, Our Company gives advance notice for a period Our Company deems reasonable and indicates on the Application the fact of change, contents of changed terms and effective date of the change.
4. By using the Application and the Services after the changes to the Terms of Use take effect, Users are deemed to have agreed to all of the terms and conditions of the Terms of Use after the changes.
If you do not agree to the modified Terms of Use, you may not use the Application or the Services.Article 4: Use by Users
1. Users can use this website and the Services at no charge. Users shall read carefully, understand and agree to the Terms of Use before using the Services. Users can use the Services to the extent and under the restriction that Our Company sets depending on the conditions of Users including User’s age and User’s computer environment.
2. Users shall obtain access to Content that is restricted in terms of viewing and use by paying a subscription fee.
3. Users shall pay the subscription fee using the payment method specified by App Store or Google Play.
4. No refunds, returns, or exchanges will be made after payment of the subscription fee has been completed by the user. (However, this shall not apply if the Content is defective.
5. Users acknowledge that the User may not be able to use the Contents even if the User has paid the subscription fee and obtained access rights to the Contents in the following cases
(1) Users have deleted or uninstalled the Application.
(2) UIf the electronic device terminal on which the Application is installed is restored for any reason.
(3) UIf the operating system (iOS or Android) of the electronic device on which the Application is installed is upgraded.
(4) UApple stops selling or providing support services for the electronic device terminal running iOS or Google stops providing support services for the electronic device terminal running Android.
(5) UIn addition to the preceding items, if Apple or Google, or the user himself/herself causes.
6. In the event that User causes damages to Our Company or any third party in relation to or arising out of use of this website (including the case where non-performance of the obligation of the User under the Terms of Use causes damages to Our Company or any third party), the User shall compensate the damages or otherwise solve the problem at its own responsibility and cost and indemnify Our Company against any relevant damages.
Article 5: Registration
1. Users are required to register an account in order to use the Service. The user's specific information and the user's usage history data will be stored. If you wish to register an account, you must apply for an account and do the following
(1) Register true, accurate, and up-to-date information.
(2) If there are any changes to the registered information, the user shall promptly correct the information himself/herself to ensure that it is up-to-date.
2. We will determine whether or not to accept your account registration in accordance with our standards.
3. We reserve the right to deny registration to any person who has applied for account registration in accordance with Paragraph 1 if any of the following circumstances apply to such person.
(1) If the Company deems that there is a possibility of violation of these Terms of Use.
(2) (2) If there is any falsehood, error, or omission in all or part of the registration information provided to the Company.
(3) (3) If the account registration for use of the Service has been canceled in the past.
(4) If you are a minor, an adult ward, a person under curatorship, or a person under assistance, and you have not obtained the consent of your legal representative, guardian, curator, or assistant.
(5) If you are an anti-social force, etc. (meaning a crime syndicate, a member of a crime syndicate, a right-wing organization, an anti-social force, or any other similar person. The same shall apply hereinafter). (5) If the Organization determines that the applicant is an anti-social force, etc. (meaning organized crime groups, organized crime groups, right-wing groups, anti-social forces, or any other equivalent), or is involved in any interaction or involvement with anti-social forces, etc. such as cooperation or involvement in the maintenance, operation or management of anti-social forces, etc. through financial provision or otherwise.
Article 6: Responsibility on Account Management by Users
1. When a user registers an account to use the Service, the user shall manage the account at the user's own risk and shall not allow a third party to use the account, or lend, transfer, change the name of the account, sell, or otherwise dispose of the account.
If a user logs into his/her account for the Service through a prescribed authentication method that identifies the user (including, but not limited to, authentication through a combination of ID and password, or authentication through confirmation of identity with the registered information using the code assigned to each cell phone number sent by the cell phone carrier), the Company shall not be liable for any loss or damage incurred by the user, including, but not limited to, the following We will deem that the user himself/herself is the user of the Service.
Even if a user's account is illegally used by another person, the Company shall not be liable to the user in any way (except as expressly stipulated in these Terms of Use, in which case the Company shall be liable).2. If a user discovers that his/her ID or password has been stolen or used by a third party, the user shall immediately notify the Company to that effect and follow the Company's instructions.
Article 7: Data Management by Users
The Company shall store data generated in connection with the use of the Service by Users on the servers managed by the Company.
In the event that maintenance or improvement of the Service becomes necessary, the Company may move, duplicate, etc. such stored data to the extent necessary for such maintenance or improvement.
In such cases, the Company will endeavor to prevent damage, loss, or disappearance of the user's data, but does not guarantee complete data protection, the absence of damage or loss, or the restoration of lost data.
Article 8 Charge Fees
In the event that any fees or charges (fees for the use of the Service, usage fees, membership fees, or any other name is applicable) are incurred as a result of the use of the Service, purchase of products, etc., the Company may charge the relevant User.
Article 9 Premium Service
Immediately after installing this application, some of the functions are restricted. Premium Service is a service that removes "some or all" of these restricted functions. The functions that are removed by the Premium Service are subject to change without notice.
| Subsription
1. Premium Service is purchased by subscription through in-app purchase of the application. Subscription is a method of making recurring monthly or annual payments for the Premium Service ("Subscription Fee").
2. Payment will be charged to the Apple ID or Google Account you registered when you purchased.
| Free Trial
The free trial is available only once per account (Google account or Apple ID).
Article 10: Advertisement and Third Party Service
1. Our Company shall be entitled to place advertisements of Our Company and/or any third party at this website.
2. It is understood that any transaction and/or agreement between User and any third party whose advertisement is placed at this website shall be entered and performed between said parties. In no event shall Our Company be responsible or liable for any damages caused in relation to or arising out of the advertisement placed at this website.
Article 11: Contents<
1. The User acknowledges and agrees that the Contents provided by the Services are not necessarily the same as the contents of those issued in paper medium.
2. The User acknowledges and agrees that Our Company may, at its discretion, change (including correction, erasure, addition of information etc.) the Contents at any time, e.g., after User’s browsing of the Contents.
3. In no event shall Our Company warrant that the Contents are safe, accurate, useful or non-infringing third-party rights etc.
Article 12: Copyright etc.
1. Intellectual property right including copyright (including copyright stipulated in Articles 27 and 28 of Japan’s Copyright Law; the same shall apply hereinafter) concerning this website, the Services and any and all information relating thereto shall belong to Our Company or the right holder who has granted license to Our Company. The User understands and agrees that he/she cannot use those beyond the scope prescribed in the Terms of Uses as stated herein and by Copyright Law. The User
agrees that in no event shall he/she be engaged in any activity that infringes or is likely to infringe rights of Our Company or any third party concerning this website and/or the Services.
2. The User agrees that while copyright of the contents of posting by the User belongs to him/her, Our Company shall have the exclusive license to use such contents by the User with or without alteration, free of charge, and that the User shall not exercise any moral right against such use by Our Company or a third party designated by Our Company.
3. The User shall obtain all the necessary approval from applicable author and/or right holder of the comment and/or portrait used at the post, if applicable, for such posting by the User and use of the same by Our Company or a third party designated by Our Company pursuant to the preceding paragraph.
Article 13: Responsibility for Equipment and Others
1.All the costs relating to the uses of the Services including data transfer cost shall be borne by Users. Users shall, at their responsibility, prepare and maintain equipment including mobile devices necessary to access.
2.All the costs relating the security measures including anti-computer virus, anti-unauthorized access and precaution of data breach appropriate for their own computer environment shall be borne by Users.
Article 14: Suspension or Loss of Qualification to Use
1. Users shall use this application at their own risk, and the Company shall not be held responsible for any damages incurred by users in using this application.
2. In the event that a dispute arises with a third party, such as receiving a complaint from a third party regarding the use of this application, the user shall immediately notify the content of the dispute to the Company, and shall pay the user's expenses. It is our responsibility to resolve the matter directly with the third party, and we will not be involved in any way. In addition, if requested by Our Company, we will report the progress and results of the processing resolution to Our Company.
2. In the event that Our Company deems that the event stated in the preceding paragraph is solved or ceases, Our Company may, at its discretion, release the suspension temporarily.
Article 15: On Privacy
1. Our Company’s “Privacy Guideline” shall apply in relation to handling of privacy matters of the User.
2. The User pre-approved that when the User uses the Services, depending upon what services the User actually uses, Our Company may collect user information (including information available from the device the User uses, e.g., IP address, identification information generated using cookie technology, activity history).
Article 16 : Prohibited Matters
The Users shall not be engaged in any activities falling under or likely to falling under any of the followings: In the event that such activity is recognized, Our Company, at its discretion, may take measures Our Company deems appropriate including suspension of whole or part of provision of the Services without prior notice to the User.
(1) Use of this website for public transmission (including making transmittable to the public), grant of license to a third party, assignment, publication, use for business purpose, translation and duplication (including screen shot) for other purpose than the User’s private use, distribution, alteration of this website and Contents;
(2) Erasing copyright credit of this website;
(3) Segregating a program or part of a program from this website;
(4) Reverse engineering, decompilation or disassemble;
(5) Unauthorized access to and/or manipulation or elimination of this website;
(6) Using this application and/or the Services by way of identity fraud;
(7) Transmitting and/or making a third party receivable information containing harmful program;
(8) Unauthorized access to, use of and/or interference of operation of facility or equipment of a third party for the Application of the Services (including telecommunication facility, computer, equipment and software Our Company prepared in order to provide the Contents or the Services);
(9) By posting or by other activity, blaming, insulting, slandering or defaming, discrediting or invading privacy of Our Company and/or any third party including legal rights such as copyright and trademark etc.;
(10) Posting for commercial purpose including sales, promotion and/or advertisement;
(11) Other posting or activity against public policy or violating laws including copyright law or criminal law and/or posting or activity Our Company deems inappropriate.
2. Should any posting or activity falling under (9) through (17) in the preceding paragraph be recognized, Our Company may, at its discretion, eliminate the applicable posting without prior notice to the User; or Our Company may arrange that the User posting the applicable contents or other Users cannot browse the applicable contents.
3. In the event that Our Company deems necessary to protect rights and assets of Our Company including the Services; or to protect life, body or property of a third party, Our Company shall be entitled to disclose or provide contents posted by User or personally identifiable information of the User to a court or administrative agency including police.
Article 17: Change of our Services
1. Our Company may change or discontinue all or part of the Service without the User's consent when the Company deems it necessary.
2. Our Company shall not be liable for any damages resulting from the change or discontinuance of the Service.
Article 18: Suspension of the Services
1. Our Company may suspend provision of whole or part of the Services for the purpose of system maintenance from time to time. In such a case, Our Company notify the Users in advance; provided that in any of the following events, Our Company may suspend provision of whole or part of the Services without prior notice to the Users:
(1) In case of maintenance of facility etc. of the Services for an urgent need.
(2) Difficulty of provision of the Services due to natural disasters including earthquake, flood and tidal wave.
(3) In the event that Our Company deems suspension is necessary for environmental, operational or technical reasons.
2. While Our Company makes an effort to provide the Service continuously, Our Company shall not owe any further obligation. Accordingly, the Users understand and agree that in no event shall Our Company be responsible or liable for any damages the User or any third party may incur in relation to or arising out of delay or suspension of provision of the Services due to the reasons listed in the preceding paragraph or otherwise.
Article 19: Cessation of the Services
1. Our Company may, at its discretion, cease whole or part of the Service at any time by giving prior notice to the Users.
2. A notice to the User will be given by posting at the Application or other method that Our Company deems reasonable.
3. Should the User incur any damages due to cessation of the Services, in no event shall Our Company be responsible nor liable.
Article 20: Prohibition of Assignment
The Users cannot assign, transfer, license, pledge or otherwise set security on the whole or part of User eligibility or right or obligation of the User.
Article 21: Governing Law, Jurisdiction
1. The Terms of Use are governed by and construed in accordance with the laws of Japan, without giving effect to any conflict of law principles.
2. Any disputes regarding these Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court for the first instance.
Article 22: Language, Governing Law and Jurisdiction
The Terms of Use are made in Japanese and Japanese text is authentic. Any translation of the Terms of Uses into any other language shall be reference purpose only and in the event of any inconsistency with the Japanese version, such portions of the non-Japanese version shall not bind Our Company and the User.
Article 23: Others
In the event that the Terms of Uses are regarded as consumer contracts as defined in Article 2, Paragraph 3 of Japan’s Consumer Contract Law (Law number 61, 2000), the provision of the Terms of Use exempting Our Company completely from compensating a consumer for damages shall not apply. In that event, Our Company shall be liable for direct damages the User incurs arising out of breach of the Terms of Use or tort by Our Company (In no event shall Our Company be liable for any special damages, indirect damages, loss of profit, attorney’s fees nor any damages similar thereto.); provided that in the event that Our Company is found gross negligence or intentional, such limitations shall not apply.
Inquiries about this Terms of Use
Shueisha Inc.
〒 101-8050
5-10 Hitotsubashi 2-chome, Chiyoda-ku, Tokyo
support_yohitsujinomori@endroll.me
Enacted on January 17, 2022 Enforced on January 18, 2022