The Terms of Service (below, “The Contract”) constitute a contract between you and mybest, Inc (below, mybest), regarding the use of services provided by mybest (below, our services).
A. Agreement to our Terms of Service
- You agree to abide to the terms of The Contract when using our services. Should you refuse or retract your agreement, you will not have access to our services.
- If you are a minor, please obtain the approval of a parent or guardian before using our services.
- As long as you use our services, it will be deemed that you have agreed to The Contract. On these grounds, you will be held accountable to the terms of The Contract.
B. Privacy
- Should you be asked to provide personal information when using our services, you agree to provide true, accurate, and complete information.
- You agree to keep the password you use for our services in a safe place, where it cannot be stolen. mybest deems all actions taken by the account registered under this password as the actions of the user him or herself.
- Our handling of personal information will be as outlined in The Contract, as well as mybest’s Privacy Policy.
C. Prohibited Actions
You agree that, as long as you use our services, you will refrain from the following.
- Actions that violate any legally binding decrees. This includes, but is not limited to: actions that break the law, and actions that go against any judgements, decisions, or directives passed down in court.
- Actions that violate public order. This includes, but is not limited to: violent or abusive language and actions; blatantly sexual language or actions; posts, publications, or messages that target other users, or otherwise violate public decency.
- Actions that infringe upon the rights of mybest or that of any third party. This includes, but is not limited to: copyright law, trademark rights, patent or intellectual property rights, photo release or use of likeness, protection against defamation, right to privacy, and other rights guaranteed by law or contract.
- Posing as mybest or any third party, or otherwise intentionally disseminating false information.
- Using our services for financial gain with prior approval from mybest.
- Using our services with the main purpose of meeting and otherwise forming relationships with romantic partners.
- Using our services for anything other than its intended purpose.
- Seeking to gain illegal profit, including joining or cooperating with a crime syndicate.
- Using our services to recruit or convert people to any religious faiths.
- Sending or otherwise posting any harmful programs or software.
- Collecting, posting, or otherwise sharing the personal information, registration information, or browsing history of third-party users.
- Obstructing the operation of our services, or otherwise interfering with the ability of third-party users to utilize our services.
- Assisting or otherwise encouraging actions that would fall under any of the prohibited items above.
- Any other actions that mybest deems inappropriate.
D. Content Use
- Under the terms of The Contract, “content” refers to writing, music, pictures, programs, coding, and other intellectual property; “our content” refers to any content you access through our services; “posted content” refers to any posts, messages, or uploads sent or made by users onto servers managed by mybest; “public content” refers to any posted content made available to other users through our services.
- You agree to transfer to mybest the intellectual property rights for all content, including public content. mybest will have the rights to use and change said content freely, for any interval of time. You also agree not to use your moral rights to said content against mybest or any third parties designated by mybest.
- You agree not to use our content for any purposes not intended by our services. This includes, but is not limited to: reproducing, transmitting, reprinting, or changing our content. However, this does not apply if you have prior consent from mybest.
- Should it become necessary for mybest to verify you are adhering to law or the terms of The Contract, mybest has the right to access posted content. However, mybest is not obligated to check for adherence.
- Should mybest believe that posted content violates the law or the terms of The Contract, or should it otherwise become necessary for ensuring the smooth operation of our services, mybest can delete posted content from servers managed by mybest and restrict access to our services and posted content, with no prior notice. For that reason, it’s recommended you keep a backup of all posted content.
E. Reparations
Should you use our services in a way that violates the law or The Contract and, because of this, mybest either directly or indirectly suffers any loss or injury (including any claims mybest receives from third parties as a result of such usage), loss of assets, or financial burden (including legal fees), you agree to immediately compensate mybest for the loss.
F. Provision, Modification, or Suspension of Services and Release of Obligation
- You agree to bear the costs of any computers, cellular phones, telecommunication equipment, operating systems, or other forms of communication, including electricity fees, which are necessary to using our services.
- mybest can restrict services to users based on age, whether or not they have signed up for an account, and other conditions deemed necessary by mybest.
- The account you use for our services is attributed solely to you. You may not transfer, lend, or pass on your user rights to a third party.
- mybest reserves the right to attach advertisements from mybest or a third party to our services.
- Should the need arise, mybest reserves the right to change or suspend all or part of our services at any time, without prior notice.
- mybest does not guarantee that our services (including our content) are without flaw, in actuality or legally. (This includes, but is not limited to: matters of safety, credibility, accuracy, completeness, effectiveness, conformity to certain purposes, gaps in security, errors and bugs, and rights infringement.) mybest is not obligated to rid its services of the above flaws. However, should our services be provided for a fee and the contract (including this one) between mybest and the user fall under the jurisdiction of consumer contracts, mybest will not be exempt from all obligations to compensate users for loss or injury caused by flaws not yet detected at the time of agreement. The reparations in this case are as listed under Clause G2.
- Should mybest determine that a user has been using our services in such a way that it violates The Contract, mybest reserves the right to take the necessary and appropriate measures to address the situation. However, mybest cannot guarantee that a user, a third party, or any other person will not violate the terms of The Contract. Furthermore, mybest is not obligated to prevent users or third parties from such violations, or otherwise rectify their actions.
G. Release of Liability
- mybest is not responsible for any loss or injury occurred while using our services. However, should the contract (including this one) between mybest and the user fall under the jurisdiction of consumer contracts, the exemptions stated under this clause will not apply.
- Even if the stipulations in the previous clause are met, mybest is not responsible for any loss or injury borne by the user as a result of unlawful actions or debt default, which have occurred because of negligence (this does not and will not, for the rest of The Contract, refer to gross negligence) on the part of mybest, should aforementioned loss or injury occur under exceptional circumstances. Furthermore, reparations for any loss or injury borne as a result of negligence on the part of mybest will fall under the price ceiling listed below.
(1) Regarding loss or injury borne by users as a result of our services, mybest agrees to pay the aforementioned user an amount equal to the line costs incurred during the month the aforementioned loss or injury occurred when using the aforementioned services.
H. Withdrawal or Suspension of Use
- Users registered for our services can withdraw after following designated procedures. In this case, mybest will dispose of personal information, abiding by the Personal Information Protection Law and related legislation, as well as by the terms specified in our Privacy Policy.
- Should mybest determine that you have violated, or may violate the terms of The Contract, mybest reserves the right to suspend or delete your account, without prior notice.
I. Notifications and Correspondence
- mybest will send notifications, or otherwise correspond, with users through posts on designated platforms on websites managed by mybest, or any other method deemed appropriate by mybest.
- You agree to send notifications, or otherwise correspond, with mybest by filling out inquiry forms posted on designated platforms on websites managed by mybest, or through any other methods designated by mybest.
J. Other Terms and Conditions
- Should other contracts distinct from The Contract (which may include, but are not limited to: Terms of Service, Guidelines, and Policy), published or otherwise distributed by mybest, exist (below, The Other Terms and Conditions), you agree to abide by the terms listed under The Contract, as well as The Other Terms and Conditions.
- Should there be a discrepancy between The Other Terms and Conditions and The Contract, the stipulations of The Other Terms and Conditions will take precedence.
K. Alterations to The Contract
Should mybest determine that the need has arisen, mybest reserves the right to alter both the terms of The Contract and The Other Terms and Conditions at any time, without prior notice. Any alterations to The Contract or Other Terms and Conditions will go into effect as soon as mybest posts them on designated platforms on sites managed by mybest. Should you wish to continue using our services after The Contract or The Other Terms and Conditions are altered, then you agree to abide by the terms listed in The Contract and The Other Terms and Conditions after alteration.
L. Governing Law
The authentic text of The Contract is in Japanese and falls under the jurisdiction of Japanese law. Should any dispute arise between users and mybest as a result of our services, you and mybest agree to submit to the exclusive jurisdiction of the Tokyo District Court or a Tokyo summary court.
M. As an Amazon Associate, mybest earns from qualifying purchases.
Revised on 04/22/2020
