Article 1 General Provisions
This Terms of Service prescribes the essential points for the use of this service between users and the service provider, FACTBASE Inc., (hereinafter referred to as "we").
Article 2 Definition
1. ”This service" indicates our cryptocurrency information providing service "SIGNAL" worldwide through this site (defined in section 2 of this Article) and all the relating services.
2. “This site" indicates the site operated by our company to provide this service.
3. ”Applicant" indicates an individual who would like to use this service.
4. ”Member registration" means the user registration of this service by the applicant in accordance with our method prescribed in Article 3.
5. ”User" indicates the service users whose application for the use of this service is accepted by us, and who have accepted our Terms of Service, which is prescribed by us in Article 3.
6. ”Service use agreement " means the contractual relationship regarding the use of this service that arises(created) between user and us when the user utilizes this service, and also includes terms and notices related to "Service use agreement" which are posted in this terms of service and on his website.
7. ”User ID" indicates the character string that is a combination of alphabetical character, numbers or symbols given to users by us both for user identification and use of this service.
8. ”User login information" indicates the email address set by user both for user identification and use of this service.
9. ”Password" means a character string composed of a combination of alphabetical character, numbers or symbols set by the user for user identification, use of this service and protection of member registration information.
10.”User registration information" means information mandated by us that applicant or user registers at the time of member registration, information we determine the need for request for registration while this service is in use and the information added or modified by user themselves.
11. ”User disclosure information" means" information or contents (defined in section 12 of this Article) that user discloses, submits, sends or posts, etc with previously understanding that they would be disclosed to other users, or browsed or used by others in this service.
12. ”Contents" usually means information such as texts, images, videos, programs, data, etc., but is not limited to them.
Article 3 Range of Application
1. This terms of service applies to us and users regarding the use of this site and this service.
2. In the event that we post individual or additional regulation on this site, it shall be incorporated in this terms of service, and if individual or additional regulation conflicts with this terms of service, the form shall prevail.
3. For other sites linked from us, please agree to the terms of service of those sites and use accordingly.
Article 4 Member Registration
1. This service is provided and operated by us on condition that user/applicant accepts the terms of service and related rules and notices, etc without any modification.
2. At the time of application for use of this service, applicant shall register according to the method set separately on this site after confirmation of the registration method required for use of this service set on this site and acceptance of the terms of service. In addition, an applicant who have registered shall agree to accept this terms of service and all of these related terms and notices, etc without modification.
3. We shall examine based on the member registration set forth in the previous section and once we approve the application for use of this service, we grant applicant the qualification for use of this service, and the service use agreement shall be concluded between the user and us at that time.
4. We shall not approve the application in the event where it turns out that applicant falls under any of the following matters as a result of the examination of application for use of this service. However, even if applicant does not fall under the following matters, we are not obliged to approve the application for use of this service.
(1) In the event that there is a entry different from the fact, such as use of other's name or false name, false entry, misdescription or, etc. or there is input omission inadvertently or intentionally at the time of application for the use of this service
(2) In the event the single applicant registers multiple members registrations, or registration information of the user who already has registered is used
(3) In the event that use of this service for the applicant was discontinued or is suspended due to member deregistration, etc(except as to the Article 6) after service use agreement was concluded at the time of using this service.
(4) In addition, in the event that we determine that the provision of services is inappropriate or impossible
Article 5 Notification
1. Notifications regarding this service to users will be done by sending email based on user login information, posting on the website relevant to this service, or other methods that we deem appropriate.
2. User shall agree in advance that in the event that we notify users by sending email, email is sent based on the user login information in the previous section, and our notice shall be deemed to be arrived at the time when the user comes to be able to browse email or 24 hours passed after we sends email, whichever comes fast.
Article 6 Contact and Advertisement
We may contact user via email or other method for announcement of our campaign and advertisement regarding this service.
Article 7 User’s Obligation
1. User shall prepare and implement communication equipment, software, and signing up for telephone line and Internet service provider to use this service, etc under their own responsibility and at their own expense.
2. User must manage user login information and password at their own risk. In addition, user login information and password should never be lent, assigned or transferred, changed name, bought and sold or pawned, or used by third party regardless of any method.
3. User are responsible for all actions and results from what are done by using own user ID for this service.
4. We shall not be responsible for any damage the user suffers caused by unauthorized use of user login information and password by third party inadvertently or intentionally. In addition, use of this service with the user login information and the corresponding password shall be deemed to be done by the user, even if this service is used by third party, the user shall bear the costs and all other responsibilities associated with use of this service.
5. In the event that there some of the user registration information have changed, the user must change the user registration information within 14 days from the date of the change made according to the prescribed method of this site.
6. In the event that the our notice does not reach because user neglect to make some change in previous section user shall in advance agree that the notice is deemed to be arrived at the time when it should normally arrive.
7. In the event that user inflicts damage on us or third party(including the case we or third party suffer damage by user's breach of the terms of service) by using this service user shall handle and resolve with their own responsibility and costs. In addition, in the event that we are claimed for damages from third party due to user's actions, the user shall compensate us for the damages and the costs incurred(including indirect damages and the costs such as attorney's fee in a reasonable range).
Article 8 Withdrawal from membership(Cancel the membership)
1. User shall be able to cancel the service use agreement by the prescribed method of this site.The cancellation of the service use agreement takes effect instantly and the user shall not be able to use this service and we shall be able to suspend or delete all of user disclosure information of the user at our discretion. In addition, the user shall agree in advance without any argument that we shall retain and use the user disclosure information of the user and the user shall not be relieved from liabilities and obligations(including compensation for damages, but not limited to this) for us and the third party.
2. In the event of the preceding section, we shall be able to delete user id of the user at our discretion. In addition, we are not responsible for any damages caused to users and other third party due to cancellation of service use agreement under this Article.
Article 9 Prohibitions
The user should not do any act that falls or may fall under the following items. In addition to the terms and service, the user shall comply with the regulations, individual regulations and additional regulations separately prescribed by us in using this service.
(1) Acts that violate the Act on the Protection of Personal Information (Personal Information Protection Law).
Disclosure of personal information related to individual's privacy. Real name, address, telephone number, individual information that specifies an individual(e-mail address, license plate, etc.), or contents that may identify a specific individual. Posts related to your personal information on this site shall be prohibited.
(2) Acts that violate the Financial Instruments and Exchange Act or the Securities and Exchange Act.
・Spread of rumor (information that is not clearly false but has no reasonable grounds).
・Circulation that the market price of listed securities fluctuates by operation of yourself or others.
・Posts expose something by business contacts or insider, post contents(insider information) before formal announcement or condemnation and oppressive acts.
(3) Acts that infringe copyrights.
・Acts that post magazines, free papers, newspapers, books, lyrics, or articles on other sites, etc.
(4) Acts that infringe publicity rights.
・Acts that use names or portraits of entertainers or celebrities by third parties for the purpose of obtaining economic profits.
(5) Acts that infringe intellectual property rights, industrial property rights (patent rights, trademark rights, etc.).
(6) Acts that infringe portrait rights, personal rights, privacy rights and any other rights.
(7) Acts that violate or conflict with the Public Offices Election Law.
・Pre-election campaign, election campaign or acts that are similar to these activities or violate the Public Offices Election Law.
(8) Acts that offend public order and morals, or that might be so.
(9) Other acts that violate other laws or regulations, or that might be so.
(10) Acts of registering on this site by means of false reporting or false notification such as registration of personal information of others.
(11) Religious activities · Political activities · Ideological activities · Solicitation to antisocial organizations.
(12) Slander against individuals or corporations, defamation or acts that might be so.
(13) Acts that may interfere with business of companies.
(14) Acts that criticize other sites.
(15) Acts of harassment of other users, provocation, or such acts (including threatening, tone of command, aggressive tone, booing) .
(16) Unofficial commercial advertising activities, or such activities.
(17) Business operations, profit-making activities, or preparatory action for it.
(18) Acts that post job openings, job seeking, and part-time job related information.
(19) Acts that sell goods(including private sales, transfer, recruiting) through this site, bartering (ticket exchanging, ticket scalping), auctions, etc.
(20) Acts that conduct search using this site(regardless of individuals or corporations).
(21) Posts of contents or images which are obscene, violent, grotesque, or questionable for people under age 18 to browse(such as adult-entertainment or gambling), or creation of communities and external links and induction activity to that site.
(22) Posts of contents or images that may make other users feel uncomfortable.
(23) Acts that induce sexual intercourse such as prostitution or encounter which can become a act of obscenity.
(24) Acts equivalent to ethnic or racial discrimination.
(25) Acts that discount, introduce, request for introduction or collect donations using this website.
(26) Acts that post external affiliate links or send messages.
(27) Network business such as signature gathering, pyramid scheme, multilevel marketing or dating site, or soliciting for dating site.
(28) Acts that may glamorize, induce or promote criminal behavior, suicide, self-injury, drug abuse or violation of regulations.
(29) Notice of crime or acts that recognized as notice of crime.
(30) Acts that recognized as would-be suicide(suicidal ideation) or notice of suicide. (Would-be suicide(Suicidal ideation) or acts that recognized as notice of suicide.)
(31) In litigation or acts that can be in lawsuits in the future.
(32) Acts of using this site to search for missing people, animals, goods etc.
(33) Chain mail ("Please contact family or acquaintance too etc"), or acts recognized as chain mail.
(34) Impersonation (identifying yourself as a person other than yourself) .
(35) Acts that transfer or trade user login information.
(36) Sock puppet (including acts of acquiring multiple user IDs as a prerequisite for it).
(37) Posts of a lie or false-sounding contents.
(38) Posts of meaningless, vague or tentative contents (including spaces).
(39) Posts of omission, code texts, or such contents.
(40) Posts that include emoticons, pictographs, meaningless newlines etc. across multiple lines.
(41) Acts that increase PV (page view) due to excessive reloading and systematic accesses.
(42) Acts that interfere with the operation of this site or network system.
(43) Acts that use the service of this site by unauthorized access or officially undisclosed operation method (use of other user's login information and password, acts of obtaining profits by illegally control of number of PV and Picks (expected) points).
(44) Acts that use or provide harmful programs such as computer viruses, or acts that might be so.
(45) Warning from users to users (We shall warn you of violations, so never warn among users).
(46) Acts that damage the trust of this site.
(47) Posts by a person who was previously slanderer, a person who repeatedly broke an agreement or a person suspected of being such a person in a rational manner.
(48) Acts that collect and accumulate personal information of other users.
(49) Posts that expect posting fall under the previous items.
(51) Other acts that determined to be problems by us or that might be so from now on.
Article 10 Temporary Suspension of disclosure
1. In the event that we determine based on reasonable grounds that it is likely that user will violate Article 7, we shall be able to suspend the user disclosure information of the user which caused problem without the user's consent at our discretion and the user shall agree without in advance without any argument until the time when we shall be able to determine the cause was solved and there is no possibility of violating the Article 7.
2. in the event of section 1, we shall notify the user that the user should remove the cause of violating Article 7 within a specified period of time prescribed at our discretion, and the user shall remove the cause of violating the Article 7 within that period according to the relevant notice, or modify or delete the user disclosure information to avoid the violation spontaneously.
3. In the event that we shall not be able to determine that there is no possibility to violate the Article 7 as the cause of the violation was removed, or user shall not remove the user disclosure information spontaneously, we shall be able to notify the user and modify or delete the user disclosure information so that we shall be able to determine the user disclosure information will not violate the Article 7, and the user shall not exercise author's moral right and express any objections to the modification and deletion.
Article 11 Suspension or Cancellation of User ID
1. In the event that we find that user falls under any of the following items, we shall be able to suspend user ID and delete the user disclosure information at our discretion, and the user shall agree to the above in advance without any argument.
(1) In the event that we determine that there is an act in violation of Article 5 (user's obligations).
(2) In the event that we determine that there is an act falls under Article 7 (Prohibitions).
(3) In the event that we determine that it is necessary for operation and maintenance management.
(4) In the event that we find out method of settlement, which we specify, is used without due authorization. (In the event that use of method of settlement which we specify turns out be unauthorized)
(5) In the event that the collection agency of(with) the method of settlement we specify suspends or invalidates payment of the applicant. (In the event that the collection agency of(with) the method of settlement we specify suspends or invalidates the applicant’s settlement of transaction.)
(6) In the event that a minor uses this service without permission of a legal representative.
(7) In the event that ward, person under curatorship or person under assistance uses this service without permission of guardian, curator or assistant, etc.
(8) In the event that we determine that there is inconvenient cause corresponding to each item of this Article.
2. In the event that we suspend the user's qualification under the preceding item we shall be able to cancel the service use agreement of the user with notice at our discretion, unless the user proves that there is no our significant erroneous judgment regarding suspension of the user’s qualification within a year from the date of suspension.
3. We shall be able to cancel the service use agreement in the event that the cause is not solved although the user whose user qualification is suspended under section 1 of this Article received a notification with defined period from us.
We shall be able to cancel the service use agreement immediately without expiry of notification period and previous notice regardless of section 3 of this Article in the event that we determine that user falls under reason prescribed in section 1 of this Article, and also disrupts(hinder) our business execution, and user shall agree with it without any argument.
4. We shall be able to delete user ID of the user in the event of section 1 to 4 of this Article at our discretion.In addition, the user shall agree in advance without any argument that we shall retain and use the user disclosure information of the user according to the method prescribed in the Article 11 and the user shall not be relieved from liabilities and obligations(including compensation for damages, but not limited to this) for us and the third party.
In the event that the single user registered multiple members and has acquired multiple user IDs, if user of this service is suspended or service use agreement is canceled for any of user IDs of the user, we shall be able to stop using all user IDs of this service the user owns or determined to be used by the same user.
5. We shall not be responsible for any damage caused to user and other third party both by cancellation of this service use agreement and accompanying acts under this Article.
Article 12 Handling of Personal information and user registration information
Article 13 Handling of user disclosure information
1. We shall be able to keep all or part of user disclosure information private or delete it without pre-notification and prior approval at our discretion.
2. We shall confirm the content sent by user for posting on this service before posting, and in the event we determine that it is against the terms and service we shall be able to restrain posting at our discretion.
3. We shall guarantee that user owns intellectual property rights (design rights, copyrights, trademark rights, etc., but not limited to this) regarding the user disclosure information, and that right holder allows user to use them in a legitimate manner or user uses the intellectual properties lawfully. In case the third party files an appeal with the user disclosure information, we shall not responsible at all.
4. User shall be responsible for any outcome including physical and mental damage caused by the user disclosure information and data inadvertently or intentionally.
5. We shall be able to copy and translate the user disclosure information freely not only within this service but for all uses and in everywhere to use, edit and change it, provide it to third party, examine it, use it for advertising of this service or other than this service, and edit and publish in a combination of advertising of this service or other than this service and the user disclosure information and allow third party to use it.
6. Third party authorized by us shall be able to conduct any acts described in the preceding section without giving any notice to the user, and shall not have to pay compensation or reward to user for the acts. User shall accept the above in advance without argument and absolve the third party authorized by us from any responsibilities for the acts and shall not exercise the moral rights of the author.
Article 14 Change, Interruption, Cancellation, Addition, Termination, etc. of the Service
1. Without prior notice to the Users, We shall be able to change, add, or terminate all or part of the contents of the Service.
2. We can suspend the provision and management of all or a part of the Service at our discretion. In addition, at our discretion, in the case of suspending the provision and management of all or part of the Service, we notify the Users accordingly in a way that we deem appropriate. However, in cases of emergency, we may not notify Users.
3. We can suspend all or a part of the Service temporarily without notifying the Users in advance, in the event should any of the following issues arise:
(1) When periodic or urgent maintenance and repairs related to hardware, software, communication equipments, etc. for the Service is conducted.
(2) When services of telecommunications carriers are not being provided.
(3) When it becomes difficult to provide the Service due to force majeure, such as natural disaster(s).
(4) When it becomes difficult to provide the Service due to fire, power outage, or other unforeseeable circumstances.
(5) When it becomes impossible to provide the Service due to war, conflict, social disturbance, riot, labor dispute, etc.
(6) In addition to the preceding items, if we otherwise deem that the temporary interruption or suspension of the Service is necessary.
4. We shall not be liable for damages or any other responsibility due to change, interruption, cancellation, addition or termination, etc. of the Service stated in paragraphs 1 through 3 of this Article, for Users, including third parties, who wish to use the Service.
Article 15 Usage and Payment Settlement of Charged Service
1. In using the Service, there are parts of the Service in which we will charge a usage fee. Regarding usage fee, payment method, etc., we will decide.
2. We shall be able to change the usage fee and billing method of the Service at any time and the change shall be in effect at the time the contents are released publicly on our site. All changes related to the usage fee and billing method shall be made public on this site and in order for Users to be notified with any changes that have been applied to payment method without delay, Users shall accept without objection to check the contents of payment methods periodically made viewable on our site.
3. Users shall pay all charges incurred in connection with the use of the Service (including pending charges due to disputes etc.).
4. Users shall pay the usage fee in accordance with the terms of payment determined separately by the payment service company, designated by us. If a dispute arises over the concerned usage fee between the User and the payment service company or a third party mediating between the User and the settlement service company, the related party shall resolve the dispute, and we shall not bear any responsibility.
Article 16 Ownership of Copyright, etc.
1. Regarding the Service, copyrights and other intellectual property rights, relating to contents provided to Users by us are attributed to us or the licensor that has licensed us. Users may not allow third parties to use or make the contents available to the public without permission from us and the licensor. In addition, the User may not use the content beyond the scope of private use stipulated in the copyright law.
2. In the event should a problem arise due to violation of the provisions of this section, the User shall solve the problem at his or her own expense, and risk and shall not cause trouble or damage to us nor the third party.
3. The Service is subject to service provision within Japan and we do not guarantee any intellectual property rights of rights holders outside Japan and do not assume any responsibility.
4. Trademarks, logos and service marks (collectively called, "trademarks") displayed on our site are registered trademarks or unregistered trademarks of us or third parties. We do not transfer any trademarks or permit licenses to Users or other third parties under the terms of this agreement and Users shall not exercise the right to register trademarks regarding unregistered trademarks on this site. In addition, the User shall not register the patent rights, the utility model rights, the design rights, the trademark rights (including rights to receive patent rights and utility model rights), or apply for rights transfer registration for copyrights (the rights of the program, the rights of the document, the rights of routine, module, etc.), nor exercise the right to transfer registration of the copyright.
Article 17 Disclaimers
In addition to the contents prescribed in the preceding article, we and the information provider shall be exempt from the following items:
(1) As a general rule, we and the information provider are not involved in communication and activities among Users. Even if there are conflicts among the Users, it is to be resolved between the Users and we, the Company, and the information provider shall not take responsibility.
(2) In the event of a dispute between a third party other than a User and the User, the concerned User shall be responsible in resolving the issue, wherein we and the information provider shall not be involved at all. In addition, in the event the concerned third party suffers from damages, the User shall indemnify and we and the information provider shall not take any responsibility.
(3) This site is intended to provide general information on investment as a reference to aid in investment decision-making, and is not for the purpose of soliciting investment. The ultimate decision-making regarding investment shall be determined by the User himself/herself, in which we and the information provider shall not be involved at all, nor shall they bear any responsibility.
(4) Although the information on our site may contain forecasts about future business performances and events, these descriptions are predictions and therefore do not guarantee accuracy, and reliability, etc. of the contents. We, and the information provider shall take no responsibility for any damage incurred based on this information. In addition, we and the information provider are not obliged to update or correct any predictions based on new information, future events, or other information.
(5) We shall not be held liable for any damages, lost profits, or any other indirect damages, regardless of the cause of the complaints, except in the event of deliberate default or gross negligence caused by us.
If We deems it necessary, We may, without prior notice or obtaining consent of any User, make amendments by changing, adding, or deleting the Agreement, and the Terms and Conditions, etc. and whereupon the amendments shall take effect as soon as the notice is released. In addition, if the User continues to use the Service after the amended terms and conditions are posted by us, then such Users shall be deemed to have accepted the change, addition, deletion, etc. of the Service, or the Terms as amended.
Article 19 Governing Law
Regarding the Terms and Conditions and any legal relations concerning the Terms and Conditions shall be governed by the laws of Japan and the Terms and Conditions shall be construed in accordance with the laws of Japan.
Article 20 Jurisdiction
Regarding the Service, if any problem arises between the User and us, both parties shall negotiate in good faith and if through negotiation is not resolved, the Tokyo District Court or the Tokyo Summary Court will be the exclusive jurisdiction and court of the first instance.