Terms of Service
Chapter I (General Provisions)
Article 1 (Service)
("we" "our" "us") understand the importance of social responsibility in operating our website and have promoted the proper management of personal information. To further enhance personal information protection, we have established the [Personal Information Protection Policy] designed to conform to the Personal Information Protection Law and other standards and to properly handle the personal information with voluntary rules and system appropriate to our corporate philosophy and businesses.
All our executives and employees will be conformed to the [Compliance Program for Personal Information Protection] (including this policy as well as internal regulations and rules on personal information protection) which we established based on this policy, and we will strive for the personal information protection.
Article 2 (Purpose and Scope of Application of and Rules Associated with Terms)
1. The operator has set this http://algb-ltd.com Terms of Service (hereinafter called the "Terms") and shall provide users with the Service pursuant to the Terms.
2. A user shall use the Service upon agreement to the Terms. If the user uses the Service, he/she shall be deemed to have agreed to the Terms.
3. Any help, guidance pages, etc. that are associated with the Service other than the Terms shall also form part of the Terms, and users shall agree thereto.
4. If the operator sets any individual rule, etc. incidental to an individual service (hereinafter called "Individual Rule") in addition to the Terms, the provision of such Individual Rule shall be applied in preference.
Article 3 (Change to Terms)
1. The operator may, as deemed necessary by the operator, at any time change the Terms without obtaining prior approval from users.
2. The changed Terms shall take effect as soon as the same are displayed on the Site and, if a user uses the Service after the change, the operator will deem the user to have agreed to the changed Terms.
Article 4 (Membership Registration)
1. Any user wishing to use the Service shall, upon agreement to the Terms, register as a member pursuant to a method prescribed by the operator.
2. Anyone who is under the age of eighteen may not register as a member of the Service.
3. A minor shall proceed with member registration upon obtaining approval from a person with parental authority or other statutory agent.
4. The operator may occasionally not approve membership registration if any of the following (hereinafter referred to as "Causes for Registration Denial") applies:
(1) the user has been subjected to a disposition by the operator in the past, such as suspension of use and termination of membership registration;
(2) there is a false statement in the registered information;
(3) the user is a member of an anti-social group or an associate thereof; or
(4) the operator otherwise determines that the user is inappropriate.
5. The operator may, at the discretion of the operator, terminate the membership registration of a user if it is found that any of the Causes for Registration Denial under the preceding paragraph exists in relation to the user or if the operator determines that any of the following applies to the user:
(1) the user has become in arrears with the payment of any service fee;
(2) the death of the user has been confirmed;
(3) the user has breached the Terms;
(4) the user is, or is suspected to be, a member of an anti-social group or an associate thereof; or
(5) the operator otherwise determines that the user is inappropriate.
6. A user shall promptly perform a procedure for changing his/her registered information if any change occurs to the registered information (including his/her e-mail address, residential address and credit card information). Even if any harm arises as a result of the user delaying in making such change, the operator shall be under no liability whatsoever.
Article 5 (Membership Withdrawal)
1. A user may cancel his/her membership registration for the Service and withdraw from the membership pursuant to a method prescribed by the operator.
2. A user may not withdraw from the membership if he/she owes any financial obligation to the operator. Also, even in the event that a user has withdrawn from the membership, he/she may not be discharged from the financial obligation to the operator.
3. If a user withdraws from the membership of the Service, he/she shall cease to have any and all rights to use the Service, including the use of any contents already purchased, and any unused points, etc. that he/she owned at the time of withdrawal shall automatically lapse.
Article 6 (Management of User ID/Password)
1. The User ID and password that the operator has given to a user (hereinafter referred to as "ID, etc.") shall be managed and used by the user with the care of a good manager.
2. A user may not transfer, lend or sell/purchase the ID, etc. to a third party. Also, a user may not have a third party use the ID, etc. regardless of the grounds.
3. In the event that the Service has been used by using the ID, etc., the operator will deem that the Service was used by the user who owns the said ID, etc.
4. Even if any harm arises to a user due to the insufficient management of the ID, etc. by the user, the operator shall be under no liability whatsoever.
5. In the event that a user has, or may have, lost his/her ID, etc., or had or possibly had his/her ID, etc. become known to a third party, the user shall immediately notify the operator.
Article 7 (Notice)
1. When the operator gives any notice to a user in connection with the Service, the operator shall do so by a method of transmitting the same to the e-mail address registered for the Service, a method of posting the same on the screen of the Service or any other method that the operator deems appropriate.
2. A notice to a user shall be deemed to have been completed when the operator gives the notice by a method specified in the preceding paragraph.
Article 8 (Service Fee, etc.)
1. If a user uses a paid service within the Service, the user shall pay the service fee, etc. by a method specified by the operator.
2. If a request to purchase a paid service is completed, the user may not withdraw or cancel the said request for purchase for reasons of his/her own convenience.
3. The operator will not accept a request for any refund for a service fee, etc. that has already been paid.
Article 9 (Arrangements for Service Environment, etc.)
1. A user shall, at the user's responsibility, make any arrangements necessary to use the Service, including but not limited to, any devices, software and subscription to an Internet connection service to be required to use the Service.
2. A user shall, at the user's responsibility, take security measures, such as preventing computer virus infections and preventing fraudulent access.
3. A user shall manage the devices used for the Service at the user's responsibility. Responsibility for any harm arising as a result of any unauthorized use by a third party shall rest with the user, and the operator shall be under no liability whatsoever.
Article 10 (Responsibility of User)
1. A user shall use the Service at the user's own responsibility and shall be liable for any and all acts performed by using the Service and for any results thereof.
2. In the event that a user has infringed upon any copyright, trademark right, design right, patent right or other right of a third party in connection with the use of the Service, the user shall resolve the issue at the user's own responsibility and expense, and the operator will assume no liability whatsoever.
3. In the event that a user has caused any harm to a third party in connection with the Service, the user shall compensate the third party for the said harm at the user's responsibility and expense, and the operator will assume no liability whatsoever.
4. In the event that the operator has received a complaint from a third party due to any act by a user and any cost has arisen in connection with the handling of the said complaint, the user shall compensate the operator for the said cost.
Article 11 (Prohibited Acts)
1. The operator prohibits users from engaging in any of the following acts in the course of using the Service:
(1) an act of infringing upon any copyright, trademark right, design right, patent right, utility model right or other intellectual property right of the operator or of a third party;
(2) an act of infringing upon any property right, image right, right of publicity, personal right, right to reputation, right to privacy, etc. of the operator or of a third party;
(3) an act that goes against public decency and morality;
(4) an act that goes against any law or regulation;
(5) a criminal act, an act that leads to any criminal act, or an act that furthers any criminal act;
(6) an act that violates any law or regulation that controls dissemination, etc. of child pornography, pornography and obscene objects;
(7) an act of providing false information;
(8) an act that places an excessive burden on the operator's server;
(9) an act that interferes with the operation of the Service;
(10) an act of using the Service for any purpose that is different from the purpose for which provision of the Service is originally intended;
(11) an act of removing, avoiding or disabling any technical means of protection, such as security and DRM, that are administered on the contents offered under the Service;
(12) an act of disadvantaging the operator or a third party;
(13) an act of defaming, threatening or harassing the operator or a third party;
(14) an act of discriminating, or furthers discrimination against, a third party;
(15) an act of collecting and making public any personal information or privacy information on a third party without his/her approval;
(16) a pre-election campaign, election campaign or any circumstance analogous thereto, or an act that conflicts with the Public Offices Election Act of Japan;
(17) an act of using the Service for the purpose of advertisement in connection with any business operation of the user or of a third party;
(18) an act of using the Service for the purpose of solicitation for a pyramid scheme or multilevel marketing;
(19) an act of posting a link connecting to anything external to the Service; or
(20) any other act that the operator deems to be inappropriate.
2. A judgment as to whether or not any act constitutes a prohibited act under the preceding paragraph will be made at the discretion of the operator. The operator shall be under no obligation to be accountable for any judgment under this paragraph.
3. In the event that the operator determines that any act by a user constitutes a prohibited act under paragraph 1, the operator may, without giving notice to the user in advance, suspend the use of the Service by the user or terminate the membership registration of the user.
4. The operator may claim damages against a user for any and all harm, losses and costs (including litigation costs and attorneys' fees) that have arisen to the operator as a result of any prohibited act by the user.
Article 12 (Content Change, Temporary Suspension or End of Service)
1. The operator may at any time change the content of the Service without giving notice to users in advance.
2. The operator may at any time temporarily suspend or end the Service without giving notice to users in advance.
3. Even if any harm occurs to a user as a result of any content change, temporary suspension or the end of the Service, the operator shall be under no liability whatsoever.
Article 13 (Disclaimer)
1. The operator provides no guarantee whatsoever that the Service should meet any specific purpose of a user or should have the quality or value that a user expects.
2. The operator provides no guarantee whatsoever that the Service (including any and all information posted in the Service) should have completeness, accuracy, reliability, trustworthiness and usefulness, etc. Also, the operator provides no guarantee that the Service should be free of any factual or legal defect.
3. The operator shall not be responsible for any disadvantage or harm that has occurred as a result of a user being unable to use the Service.
4. The operator will have no involvement with respect to the purpose or method of use, or the usage, of the Service by a user.
5. In the event that any harm has occurred to a user in connection with the use of the Service, the operator shall be under no liability for damages unless otherwise provided in the Terms.
6. If the agreement between the operator and a user in connection with the use of the Service constitutes a consumer contract under the Consumer Contract Act of Japan, any provision in the Terms that entirely disclaims the liability for damages of the operator shall not be applied. If any harm that has occurred to the user in such case is based on the default or tort of the operator, the operator shall be liable for damages up to the amount that the user paid to the operator in consideration of the use of the Service. This, however, shall apply only in the case of willful misconduct or gross negligence on the part of the operator.
Article 14 (Attribution of Rights in Service)
1. The copyrights and related rights, trademark rights and other intellectual property rights associated with any letters, videos, images, audios, illustrations, software, data, designs, trademarks, logo marks, etc. offered under the Service (hereinafter referred to as the "Contents") are retained by the operator or by the third parties that have licensed the operator to use the same.
2. A user shall not reprint, replicate, modify, or distribute to the public, the Contents, or engage in any and all other acts that infringe upon any right of the operator or of a third party in connection therewith.
Article 15 (Handling of Personal Information)
The operator shall handle the personal information on users pursuant to the "Privacy Policy" set forth by the operator.
Article 16 (Business Transfer)
If the operator transfers the business of the Service to a third party, the operator may, as a result of the said business transfer, transfer to the transferee in relation to the said business transfer its status as the operator of the Service, its rights and obligations under the Terms, and registered and other user information, and users shall agree in advance to the transfer of their status as users, their rights and obligations under the Terms, and registered and other user information.
Article 17 (Contracting)
The operator may contract to a third party the whole or part of the duties for the Service and have the third party perform the same.
Article 18 (Severability)
Even in the event that any of the provisions of the Terms, or any part thereof, has been deemed to be invalid or unenforceable in accordance with the Consumer Contract Act or any other law, regulation, etc., the remaining provisions of the Terms shall remain in effect with full force.
Article 19 (Governing Laws and Agreed-to Court with Exclusive Jurisdiction)
1. The Terms shall be construed in accordance with the laws of Japan.
2. The operator and users shall agree in advance that they should submit to the exclusive first-instance jurisdiction of the Tokyo District Court in any dispute that may arise between the operator and any user in connection with the Service or with the Terms.
Article 20 (Time)
Any time indicated or used on the Site or in the Service shall be Japan Standard Time.
Chapter I (General Provisions)
Article 21 (Digital Contents Provision Service)
1. The digital contents provision service constitutes the granting by the operator to users of the non-exclusive, non-transferable limited right to use digital contents pursuant to the scope and method specified by the operator.
2. The operator may, notwithstanding the specification of the viewing period at the time of purchase, change the viewing period for the purchased digital contents if compelling circumstances exist. In such case, the operator shall be under no obligation to give any refund to the user.
3. The operator provides no guarantee to users that the purchased digital contents should be downloadable for an indefinite period of time. the operator may at any time limit the downloading of any purchased digital contents. In such case, the operator shall be under no obligation to give any refund to the user.
Article 22(Trial Offer)
1. The operator may introduce Trial offer in certain Services.
2. A user who tries out Services by purchasing Trial offer may have limited access to the Services.
3. A user will be automatically upgraded to a regular Service at the end of the Trial period. The operator will bill the user's payment method for the regular fee at the end of the Trial period unless the user cancels the Trial prior to the end of the Trial period.
4. A user will not receive a notice from the operator that the regular service has begun.
Article 23(Compliance Statement - 18 U.S.C. §2257 Records Keeping Requirements Compliance Statement)
1. All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct appearing on, or otherwise contained in, this Website were over the age of eighteen (18) years at the time the visual image was produced. Records required by Title 18 U.S.C. §2257 are on file with the appropriate Records Custodian.
2. All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. §2257, 2257A and/or 28 C.F.R. 75, because 1) they do not portray conduct as specifically listed in 18 U.S.C section 2256 (2)(A) (i) through (iv), 2) they do not portray conduct as specifically listed in 18 U.S.C. section 2257A, 3) they do not portray conduct listed in 18 U.S.C. section 2256(2)(A)(v) produced after July 27, 2006, or 4) are otherwise exempt because the visual depictions were created prior to July 3, 1995.
3. With respect to all visual depictions displayed on this website, whether of actual sexually explicit conduct, simulated sexual conduct or otherwise, all persons were at least 18 years of age when said visual depictions were produced.