Terms of Use
Last updated: November, 2024
1. Introduction
Welcome to NFF Terms of Use. These Terms of Use (“Terms”) govern your access to and use of our website, products, and services (collectively, the “Service”). Please read them carefully and ensure that you understand the Terms.
2. Applicable Terms
- These Terms are a binding legal agreement between NFF K.K (“NFF”, “us”, “our”, “we”) and you (“you” or “your”). By using the Service you accept these Terms and you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you must immediately cease any use of the Service.
- Provisions in these Terms of use only apply if you are regarded as a consumer under the applicable laws in your country. A consumer is a user that signs up to subscribe to our Service.
3. The Service
As a consumer the Service provides a digital communication platform that may allow you to access and participate in public and private communication channels such as forums, communities, or chat areas designed to enable you to communicate with other users of the Service (“Community Channels”). The Service may allow you to access software and content that is available to purchase from NFF.
4. Eligibility to use the Service
- You must be at least 13 years old to use the Service. We reserve the right to request proof of age at any time to verify your age. If you are between 13 and 18 years old, you must review these Terms with your parent or guardian, who must accept them on your behalf and approve your use of the Service.
- You represent and warrant that:
- you have not been prohibited from using or accessing any aspect of the Service either by NFF or pursuant to any applicable law or regulation;
- you have read and comply with the set of terms and conditions that apply to each and any Community Channels (“Community Terms”) before using the Community Channels;
- while NFF always tries to ensure that all users act in a respectful and inclusive way, we can’t control other users or their Community Channels. We aren’t and won’t be a party to any Community Terms;
- the Community Channels are the responsibility of the Community Owner (“Owner”). You will comply with any laws or regulations that may apply. We are not responsible for the Owner and we won’t provide you with any legal advice;
- you will comply with all applicable terms of any third party payment provider we select, and you are not on a prohibited list of that payment provider;
- you will be responsible for ensuring that you comply with all laws that apply to your use of the Service, including laws and regulations relating to data privacy such as the General Data Protection Regulation (“GDPR”), Act on the Protection of Personal Information (“APPI”), Data Protection Act and the Privacy and Electronic Communications (EC Directive) Regulations;
- you have not been previously banned or removed from our Service for any reason; and;
- you have not, at the time of using the Service, been convicted of any offense which in any way relates to sexual offenses and/or offenses against a minor(s).
- If you are using the Service on behalf of a company or organization, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts these Terms.
- To use the Service you must have internet access and a device that supports the Service. We shall provide the Service in such format types as we shall determine. Your computer, tablet, smartphone, laptop or other device that you use for accessing the Service must be of sufficient technical specification to be able to view the Service in such formats and sizes as we provide and we do not accept any liability whatsoever, howsoever arising, for your inability to receive, access or otherwise use the Service, resulting from the incompatibility of your computer, phone, tablet or other device and/or their associated systems with the required technical specifications.
5. Permissions and Restrictions when Using the Service
- Subject to your continued compliance with the Terms, NFF grants you a limited, revocable, non-exclusive, non-transferable, non-sub licensable license to access and use the Service solely for the purposes contemplated under these Terms.
- The Service provides a digital communication platform that may allow you to access and participate in public and private communication channels such as forums, communities, or chat areas (collectively, the “Community Channels”). You acknowledge that any data, material, information or content posted by any user on the Community Channels, including all text, audio, video, live stream, images, graphics, pictures, numbers or any other digital content (“Content”) is neither endorsed nor controlled by us. NFF will not under any circumstances be liable for any activity or Content within Communication Channels. NFF is not responsible for information that you, or other users of the Service, choose to share on the Communication Channels. NFF has no obligation to monitor these Communication Channels but it may do so in connection with providing the Service. NFF may terminate or suspend your access to any Community Channel at any time, with or without notice, for any reason, acting in its sole discretion.
- The following restrictions apply to your use of the Service. You warrant, represent and agree that in connection with your use of the Service you shall not:
- copy, reproduce, download, distribute, transmit, stream, broadcast, perform, display, sell, license, adapt, modify, upload, host, use, import, copy, make derivative works of, publicly display, sell, offer for sale or otherwise commercially exploit or otherwise use any part of the Service or any Content accessed via the Service except: (a) as specifically permitted in these Terms; or (b) with prior written permission from NFF and, if applicable, the respective rights holders;
- post, upload, transmit or otherwise distribute Content that is objectionable, unlawful, pornographic, defamatory, offensive, promotes discrimination, racism, hatred or harm against any individual or group, contains nudity, sexually explicit content, excessive violence, expresses extreme political views, encourages illegal or dangerous activities, infringes intellectual property rights, impersonates others, is intentionally false or misleading, contains viruses or malicious code, or otherwise violates these Terms or applicable laws;
- harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- engage in conduct that is fraudulent or illegal or otherwise harmful to NFF or any other user;
- use the Service to view or listen to Content other than for personal, non-commercial use;
- collect or use any information that might identify other users unless permitted by the other user;
- attempt to obtain passwords or other private information from other users;
- run contests on or through the Service without the prior written consent of NFF;
- use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
- use the Service to: (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than with prior written permission from NFF; or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales.
- use data mining, robots, spiders, or similar data gathering and extraction tools on the Service;
- access the Service using any automated means (such as robots or scrapers) except: (a) public search engines; or (b) with NFF’s prior written permission;
- circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including without limitation security-related features or features that: (a) prevent or restrict the use of Content; (b) limit the use of the Service or Content; (c) upload or transmit viruses or any other type of malicious code that may be used in any way that will affect the functionality of the Service, other users’ computers, any related website, other websites, or the Internet;
- cause or encourage any inaccurate measurements of genuine user engagement with the Service to fraudulently increase a channel’s subscribers, or otherwise manipulate metrics;
- sell, assign, lease, lend, rent, distribute, sublicense, or make available the Service to any third party;
- copy, modify, alter, adapt, arrange, translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code (or the underlying structure, sequence or organization) of the NFF platform or the Service;
- circumvent, disable or otherwise interfere with security-related features in respect of the Service, or with features that prevent or restrict use of the Service by other users;
- use the Service to infringe, misappropriate, or violate any privacy rights and third party’s rights (including intellectual property rights);
- publish, transmit, or link to any robot, spider, crawler, virus, malware, Trojan-horse, spyware, or similar malicious code or item intended (or that has the potential) to damage, disrupt, compromise, or exploit the Service and/or the NFF platform;
- falsely give the impression that NFF endorses you or any statement you make (including without limitation Your Content); or
- act in a manner that may be perceived as damaging to NFF or NFF’s service providers’ reputation and goodwill, or which may bring NFF or its service providers into disrepute or harm.
- NFF reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a breach of the Terms. If you breach these Terms, NFF reserves the right to issue you a warning regarding the breach and/or immediately terminate or suspend any or all accounts you have created using the Service. The foregoing shall be without prejudice to any other rights or remedies NFF may have in respect of your breach of the Terms.
- NFF reserves the right to prohibit the sale of items available for purchase via the Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis at our sole discretion.
- NFF owns all rights, title and interest (including intellectual property rights) in and to the NFF platform and the Service. No licenses or rights (including any intellectual property rights owned or controlled by NFF or its licensors) are granted to you by implication or otherwise, except for the permissions and rights expressly granted in these Terms. Any rights not expressly granted to you in these Terms, are hereby reserved.
- Where NFF grants you written permission to run a contest on the Service in accordance with a clause aforementioned, you shall be solely responsible for obtaining all necessary consents and licenses in respect of running such contests and shall abide by all applicable laws and regulations in connection with running the contest. NFF shall not be responsible or liable for any contests run on the Service.
6. Changes to the Service
- NFF may alter the Service in order to make security updates, change functionality and features, make changes to comply with law, prevent illegal activities on or abuse of our systems, or for any other reason we deem necessary. NFF reserves the right to modify or discontinue the Service, or any part of it, temporarily or permanently, with or without notice at its sole discretion. NFF shall not be liable to you for any adverse effects caused by such modifications or discontinuance.
- NFF reserves the right to change the description and price of items available for purchase via the Service with or without notice. We may change the price of items; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.
- Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, there may be times when we need to make such changes without notice.
7. Content on the Service
- The views expressed in any Content are the views of the individual authors and not those of NFF unless specified otherwise by us in writing. We disclaim all liability in respect of any comments, views or remarks expressed in any Content.
- NFF does not guarantee the accuracy, completeness, correctness, quality, or integrity of any user Content posted via the Service. Any reliance on any user Content accessed via the Service is at your own risk.
- You agree that NFF will not under any circumstances be liable for any user Content, including, but not limited to, errors in any user Content, or any loss or damage incurred by use of user Content. By using the Service, you accept that you may be exposed to material or Content you find offensive or objectionable.
- You accept and agree that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. Notwithstanding the above, if you see any Content you believe does not comply with these Terms (including any Content which you believe constitutes copyright infringement or which otherwise violates the restrictions set forth in clause 5.3 hereof or applicable law), please inform us at support@nff.com. We shall use our reasonable efforts to consider your notification and, in our sole discretion, take appropriate action with respect to such Content.
8. Your Content on the Service
- You shall be solely responsible and liable for any text, audio, video graphics, photos, branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics and their selection and arrangement, and any other materials uploaded to the Service by you (“Your Content”)
- You represent and warrant that Your Content complies with the Terms, the law and is original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms without NFF incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content must not include third party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so, and Your Content shall not otherwise infringe the rights of any third party. You are legally responsible for Your Content you submit to the Service.
- By uploading, posting, distributing or otherwise using Your Content in connection with the Service, you grant to us a perpetual, non-exclusive, transferable, royalty-free, sub-licensable, and worldwide right and license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit Your Content in any media in connection with using, operating, providing, marketing, advertising and otherwise exploiting the Service.
- You hereby warrant, represent and agree that Your Content shall not:
- infringe the rights of a third party, including intellectual property rights and privacy rights;
- be (or encourage, promote or condone activities that are) illegal, unlawful, offensive, defamatory, libelous, is threatening, pornographic, harassing, hateful, racially or ethnically offensive;
- promote, support, contain or link to software programs, applications or websites which propagate, distribute or contain hacking software or similar applications, utilities or programs, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- exploit minors in a sexual or violent manner, impersonate another person, be generally offensive or in bad taste, or otherwise be inappropriate for minors;
- contain any copyright, trademark, patent, or other proprietary notice or designation;
- damage, disable, overburden or impair the Service;
- interfere with another user’s use and enjoyment of the Service; or
- harvest or collect email addresses or other contact information of other users by electronic or other means.
- We do not accept Content that is uploaded by unsupervised minors nor any responsibility or liability in respect of the same. If you are a minor using the Service, you agree that any of Your Content that you may upload in connection with the Service is done so under your parent or guardian’s express supervision. Any Content uploaded by a minor will be deemed to be uploaded by their parent or guardian, who will remain responsible for that Content at all material times.
- You must comply with the Terms at all times when using the Service.
- You must comply with all terms and conditions associated with any third party apps such as Discord that are used to support any aspect of the Service.
- NFF and Owners reserve the right to remove your access to certain features that may have the effect of limiting other users of the Service from seeing or hearing Your Content with or without notice for any reason, acting in its sole discretion.
- NFF and Owners reserve the right to remove and permanently delete Your Content from the Service with or without notice for any reason, acting in its sole discretion.
9. Disputes
- You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. NFF disclaims any and all liability to you or any third party relating to your use of the Service. NFF reserves the right, but has no obligation, to manage disputes between you and other users of the Service.
- You are solely responsible for all interactions and communications with other users of the Service and any third parties you come in contact with through the Service. While NFF strives to maintain a safe environment, we cannot guarantee or control the conduct, content, or information shared by users. You agree to exercise caution and good judgment in all interactions. NFF hereby disclaims any and all liability (including without limitation, direct, indirect, incidental, special, consequential, or exemplary damages) arising from or relating to: (a) your interactions or disputes with other users; (b) any user’s conduct, acts, or omissions; (c) any Content shared or received through such interactions; or (d) any offline meetings, transactions, or relationships resulting from Service-based connections.
- NFF reserves the right, but has no obligation, to: (i) monitor, mediate, or manage disputes between users; (ii) restrict or remove users involved in disputes; (iii) limit or block communications or interactions between users; or (iv) take any other actions we deem appropriate in our sole discretion to maintain platform safety and integrity. Nothing in these Terms shall require NFF to become involved in any dispute, enforce any agreements between users, or guarantee the behavior of any user.
- NFF’s involvement in any dispute shall not make NFF liable for any losses or damages arising from such dispute. You hereby release NFF from any claims relating to disputes with other users.
10. Third Party Links
We use third party services to provide the Service, but such use does not indicate that we endorse or are responsible or liable for their decisions and actions. In addition, the Service may contain links to third party websites and online services that are not owned or controlled by NFF. If you use these links, you will leave the Service. Please note that your use of such third party services will be governed by the terms and privacy policy applicable to the corresponding third party. Any use by you of third party services offered through the Service is entirely at your own risk and discretion and you must ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third party provider(s). You agree that we shall have no responsibility or liability whatsoever arising from or relating to your use of third party tools, websites or services.
11. Payments
- Some elements of the Service are only accessible to paying users, for example if an Owner offers paid-to-access Community Channels.
- We may suspend your access to Paywall Service if you don’t comply with these Terms.
- The fee for a subscription or other offering is specified on our webpage when you make your purchase. You agree to pay all amounts due in accordance with all relevant payment terms in effect when you make your purchase (both in respect of NFF and any relevant third party processing platform) including any applicable service, transaction, or processing fees.
- You can purchase items available for purchase via the Service by using a valid payment card through the applicable third party payment provider. You must provide the third party payment provider with valid payment information (Visa, Mastercard, or other issuers accepted by the payment provider). You acknowledge and agree that NFF does not own, operate, or control the payment provider. Your use of your payment card is governed by your agreement with and the privacy policy of the payment provider, not these Terms. You agree to immediately notify the payment provider of any change in your billing address (or other information) for your payment card.
- NFF has no obligation to provide refunds or exchanges for any items purchased via the Service. While NFF may, in its sole discretion, choose to issue refunds or permit exchanges in certain circumstances, such actions shall not create any ongoing obligation or establish any refund or exchange policy. All sales are final unless otherwise required by applicable law.
- NFF reserves the right (but is under no obligation) to cancel your NFF subscription if your payment method is declined or if you have previously been banned or removed from our Services for any reason. NFF retains sole discretion to determine how payment disputes will be resolved.
- NFF reserves the right to refuse any order you place with us with or without notice and for any reason, acting in its sole discretion.
- NFF reserves the right at any time to change its fees and payment procedures, including its payment options and terms.
12. Cancellations
You can cancel your NFF subscription at any time by sending an email to cancel@nff.ai. When you cancel:
- You will retain access to the Service through the end of your current billing period
- To avoid being charged for the next billing period, you must submit your cancellation request at least 7 days before the end of your current billing period
- If your cancellation request is received less than 7 days before the end of your billing period, your subscription will continue through the following billing period, and you will be charged accordingly
- All payments are non-refundable and we do not provide refunds or credits for partial subscription periods or unused service time
13. Communications
- By using the Service you agree to receive communications from us electronically, such as email, text, or mobile push notices, or notices and messages on the Service. By using the Service or providing information to us, you agree that we may communicate with you electronically relating to your use of the Service, and that all agreements, notices, disclosures, and other communications that NFF provides to you electronically satisfy any legal requirements that such communications be in writing.
- For any direct marketing messages, we will ensure that we obtain your consent first.
- You may use the Service to send messages to other users of the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam). If you believe spam originated from the Service, please email us immediately at support@nff.com
14. Suspensions & Terminations
- NFF may suspend or terminate your access to all or part of the Service at any time and for any reason, acting in its sole discretion. NFF is not required to provide you with any notice or warning prior to any such termination.
- In the event that your access to the Service is terminated (either by you or by us), you will remain liable for all amounts due up to and including the end of the billing period which is in existence as at the relevant date of termination. In circumstances whereby we have terminated your access to the Service and you are charged for the following billing period (e.g. where termination occurred too close to the payment mechanism being delayed for the following billing period), we will refund you for the fees relating to the following billing period.
- The Terms are effective unless and until terminated by either you or us.
15. About Software in our Service
- When the Service requires downloadable software, you give permission for that software to update automatically on your device, subject to your device settings. Unless that software is governed by additional terms which provide a license, NFF gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by NFF as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by NFF. You are not allowed to copy, modify, distribute, sell, or lease or otherwise exploit any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have NFF’s written permission.
- Some software used in our Service may be offered under an open source license. There may be provisions in an open source license that expressly override some of these terms. If so, we will make that open source license available to you.
16. Your Information
- Our Privacy Policy (www.nff.ai/privacy-policy) describes how we treat and use your personal data and protect your privacy when you use the Service. By using the Service, you agree that you have read, understood and agreed to the Privacy Policy.
- You agree that in using the Service you shall at all times comply with your obligations under Data Protection Laws.
- “Data Protection Laws” shall mean any data protection, privacy or similar laws that apply to personal data processed in connection with these Terms, laws and regulations relating to data privacy such as the General Data Protection Regulation (“GDPR”), Act on the Protection of Personal Information (“APPI”), Data Protection Act and the Privacy and Electronic Communications (EC Directive) Regulations and any legislation which amends, extends, consolidates, re-enacts or replaces same, including any additional legislation or regulations that may be made pursuant thereto from time to time.
17. Warranty
- The Service is provided “as is” and “as available” to the fullest extent permissible pursuant to applicable law. NFF disclaims all warranties and conditions express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the Service, its use and the results of such use. Without limitation to the foregoing, NFF specifically disclaims any warranty:
- that the Service and its availability shall be uninterrupted or error-free; that defects in respect of the Service shall be corrected;
- that there are no viruses or other harmful components;
- that the security methods employed shall be sufficient; or
- regarding correctness, accuracy, or reliability.
- All of the disclaimers set out in clause 17.1 shall apply to the fullest extent permitted by law.
18. Disclaimer
- Other than as expressly stated in the Terms or as required by law, NFF does not make any specific promises, representations or warranties about the Service.
- NFF is not responsible for typographical errors, inaccuracies or omissions including those in relation to product descriptions, pricing, promotions, or offers related to the Service. NFF has no obligation to update, amend or clarify information in respect of the Service or on any related website, including without limitation, pricing information, except as required by law.
19. Limitation of Liability
- This clause 19 sets out NFF’s entire financial liability (including any liability for the acts or omissions of its employees, agents and subcontractors) to you:
- arising under or in connection with these Terms;
- in respect of any use made by you of the Service;
- in respect of any Content;
- in respect of any loss or accidental unauthorized disclosure of user data; and
- in respect of any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising under or in connection with these Terms.
- In no case shall NFF, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, loss of goodwill, loss of opportunity, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service.
- Nothing in the Terms are intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.
- To the extent permitted by applicable law, NFF and its affiliates will not be responsible for:
- losses that were not caused by NFF or its affiliates’ breach of the Terms;
- any loss or damage that was not, at the time the Terms were last modified, a reasonably foreseeable consequence of NFF or its affiliates’ breach of the Terms; or
- user Content, or for the defamatory, offensive, or illegal conduct of any user.
- Subject to clause 19.3, NFF’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the Service or the performance or contemplated performance of these Terms shall be limited to 10,000 JPY.
- We are not responsible for any third party Content, links, services, resources or information provided on or made available through the Service. Accordingly, we make no warranties and accept no liability (to the fullest extent permissible by law) regarding such third party Content, links, services, resources or information, including without limitation, warranties of fitness for a particular purpose, merchantability or non-infringement and will not be liable for your use of or reliance on such third party Content, services, resources or information.
20. CONFIDENTIALITY
- In this clause 20, “Confidential Information” means any information, material or intellectual property rights that are clearly labeled or identified as confidential or ought reasonably to be treated as being confidential. Confidential Information includes:
- all Content posted in connection with the Services; and
- any information that would be regarded as confidential by a reasonable business person relating to (i) the business, affairs, customers, clients, suppliers, plans, intentions, business contacts or market opportunities of NFF or its users; and (ii) the operations, processes, product information, know-how, designs, trade secrets or software of NFF or its users.
- You shall hold Confidential Information in confidence and not make Confidential Information available to any third party unless that third party has agreed to these Terms or you have been authorized in writing by NFF.
- This clause 20 shall survive termination of these Terms.
21. FORCE MAJEURE
- If NFF is prevented, hindered or delayed in or from performing any of its obligations under or in connection with these Terms by a Force Majeure Event, NFF shall not be in breach of these Terms or otherwise liable for any such failure or delay in the performance of such obligations.
- If any Force Majeure Event occurs, the dates for performance of the affected obligations shall be postponed for so long as is made necessary by the Force Majeure Event.
- For the purposes of this clause 21, “Force Majeure Event” shall mean any war, terrorist activity, blockade, disturbance, disruption, fire, lightning, flood, storm or other adverse weather conditions, earthquake, volcanic activity, epidemic, pandemic (including Covid-19 and any further outbreaks of the same), explosion, failure of public utilities or civil commotion, malicious damage, nuclear chemical or biological contamination, internet outages, communication outages, failure of a utility service or transport network, default of suppliers, contractors or subcontractors or the genuine and immediate threat of any of the foregoing, and/or any other act or event beyond the reasonable control of NFF.
22. Indemnification
You agree to indemnify and hold NFF and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your breach of any term of these Terms; (iii) your breach of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of Your Content or information in your account or any other information you post or share on or through the Service. As used in this clause 22, “you” shall include anyone accessing the Service using your account.
23. This Agreement
- The Terms and any policies or operating rules posted by us on the Service or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
- Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
24. Modifying the Terms
We may modify the Terms at our sole discretion, including without limitation to reflect changes to our Service or for legal, regulatory, or security reasons with or without notice. Changes will only apply going forward and shall not apply retrospectively. Your continued use of the Service after the publication of the revised Terms will be deemed your acceptance of the revised Terms. If you do not wish to use the Services under the revised Terms, you should remove any Content you uploaded and discontinue your use of the Service.
25. Severance
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
26. Assignment
NFF may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights under these Terms and may subcontract or delegate in any manner any or all of its obligations under these Terms to any third party or agent.
27. No Waiver
A failure or delay by NFF to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
28. Governing Law & Jurisdiction
- Any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
- These Terms shall be governed by and construed in accordance with the laws of Japan, without regard to its conflict of laws principles.
29. Additional Terms for Users in Japan
- Applicable Laws
These Additional Terms for Users in Japan (“Japanese Additional Terms”) are governed by Japanese law and apply to users who access or use the Service from Japan. These Japanese Additional Terms supplement the Terms above and are subject to the Japanese Consumer Contract Act (消費者契約法), Act on Special Provisions to the Civil Code Concerning Electronic Consumer Contracts (電子消費者契約法), and the Act on Protection of Personal Information (個人情報保護法, “APPI”). - Personal Information Protection
- In accordance with APPI, NFF shall:
- Specify the purpose of use of personal information and handle such information only within the scope necessary for achieving such purpose
- Take necessary and appropriate measures to secure personal information
- Not transfer personal information to third parties without prior consent, except as permitted by law
- Upon request, disclose, correct, add, delete, discontinue use of, or erase personal information as required by APPI
- For users under 16 years old, parental consent is required for the collection and processing of personal information
- Cross-border transfers of personal information will comply with APPI requirements, including obtaining separate consent where required
- In accordance with APPI, NFF shall:
- Consumer Protection Rights
- In accordance with the Consumer Contract Act:
- Any provisions that unilaterally restrict the rights of users or expand their obligations shall be void
- Users may cancel their contract if they were misled about material terms or if there was excessive solicitation
- NFF shall not include provisions that totally exempt it from liability for damage caused by its negligence
- Cooling-off Period:
- For certain digital content purchases, users have the right to cancel within 8 days from the date of receiving these Terms
- This cooling-off right does not apply once the digital content has been downloaded or accessed
- In accordance with the Consumer Contract Act:
- Electronic Commerce
- In accordance with the Act on Special Provisions to the Civil Code Concerning Electronic Consumer Contracts:
- NFF shall implement appropriate measures to prevent user errors in the input process
- NFF shall provide clear confirmation screens before purchase completion
- Order confirmations will be sent promptly after purchase
- All prices displayed shall include consumption tax unless explicitly stated otherwise
- Payment processing shall comply with all applicable Japanese payment processing regulations
- In accordance with the Act on Special Provisions to the Civil Code Concerning Electronic Consumer Contracts: