Gnzo Terms of Service (hereinafter referred to as the “Terms of Service”) are applicable to your access to and use of the Website and services (hereinafter collectively referred to as the “Gnzo Services”) provided by Gnzo Inc. (the “Company”), therefore please read the Terms of Services carefully before using Gnzo Services.
By using Gnzo Services, you are deemed to have agreed that the Terms of Service apply to your use of Gnzo Services. You shall comply with the Terms of Service when you use Gnzo Services.
If you belong to any organization, such as a company, and use Gnzo Services as use by said organization, you shall warrant that you have the authority to agree to the Terms of Service on behalf of the organization and to bind the organization to the Terms of Service. In this case, “you” refers to the organization to which you belong.
You may use Gnzo Services to the extent that you have the authority to enter into an agreement with the Company and are not prohibited from entering into an agreement under any applicable laws. If you are under 18 years of age, you shall obtain consent on the Terms of Service from a person in parental authority over you, to use the Terms of Service.
- (1) After you complete a user registration, the Company will issue an account to you, whereby you may use all of Gnzo Services.
- (2) You shall provide correct and true information for necessary items, such as an email address and a password, to complete a user registration. You shall not register any false information or use a false identity. You shall promptly update the information if there is any change in the user registration information.
- (3) If the Company considers that you fall under any of the following items, the Company may, at its own discretion, delete your user account without prior notice to you. The Company shall not be liable for any damages caused by your inability to use Gnzo Services.
- (a) You may fail to comply with the Terms of Service such as the case where it is revealed that you have been disqualified from membership of any other membership service;
- (b) Your user registration contains any false statement or any third party information, or the possibility thereof cannot be denied;
- (c) You are an organized crime group or a member thereof or in close alliance with them, or the possibility thereof cannot be denied;
- (d) Your use may cause trouble to any other user or to society or use of Gnzo Services as a form of inducement or means of any conduct against public order and morals or criminal acts; or
- (e) In addition to those stipulated in the preceding items, you breach the Terms of Service.
- (1) When posting the video files and their information (hereinafter referred to collectively as “Content”) on Gnzo Services, you may select one of two publication statuses, “Public” (all Content viewable by third parties, needs to be set for "Everybody" option in Privacy setting) and “Private” (only viewable by you, needs to be set for "You Only" option in Privacy setting). However, the Company, an operating company, has the right to view Content set to “Private” for monitoring and management purposes.
- (2) Under the “Public” setting, Content posted by you is automatically made for public viewing on Gnzo Services and become accessible to any third party. If you have posted the Content set to “Public”, you shall be deemed to have agreed that the Content is made for public viewing. When postings are made by you, the default setting is “Public.” Therefore, if you do not wish to release your Content to third parties you have to select “Private” status. The Company shall not be liable whatsoever for matters arising from the setting of the publication status by you.
- (3) By operating on the Gnzo website, you may change the publication status of posted Content after posting on the Gnzo Services. However, even after having changed a setting to “Private,” Content posted on or before October 1, 2012 that has been referred to on Gnzo’s blog, Facebook page and Twitter page shall continue to be made public to third parties on such media in accordance with the Terms of Service valid on or prior to October 1, 2010.
- (4) Blog Widget may be used on Gnzo Services. Content viewable through Blog Widget is limited to that which is set to “Public.” Changing the publication status of Content from “Public” to “Private” renders the viewing thereof impossible on Blog Widget (there may be a slight time lag).
- (5) Gnzo Services may conduct video contests; however, only Content set to “Public” is eligible to enter therein. Please note that Content whose publication status is set to “Private” is not eligible to enter in contests.
- (6) You shall be liable for the decision whether or not to post Content. Please select “Private” status when you post any Content which you do not desire to be made for public viewing such as videos pertaining to your privacy. Unless you set such Content to “Private” status, you shall refrain from posting such Content.
Any person from young to old and both male and female, and any person in any area around the world may view Gnzo Services. You shall refrain from posting any content that constitutes an act of violence, criminal act, slander or libel, racial or ethnic discrimination, abuse, bullying, obscene videos, and any other content that may be offensive to any third party.
Your cooperation is sincerely requested to ensure that Gnzo Services are the services for the community crossing any language barrier and sharing amusing and enriching video experiences.
- (7) The Company shall not be responsible for any matter arising from your posting Content to Gnzo Services.
- (1) By using Gnzo Services, you will provide the Content to the Company which you have posted to Gnzo Services; however, any copyright in your Content shall continue to vest in you and shall not be transferred to the Company except for the case stipulated in item (4) hereof.
- (2) The Content posted by you may be used by the Company for the purpose of using for Gnzo Services or for any business associated with Gnzo Services (hereinafter collectively referred to as the “Gnzo Services Purpose”). At the time you post your Content, you shall grant a license to the Company to make reproduction, modification, uploading or any other use under the Copyright Law of said Content for Gnzo Services Purpose. You shall grant a license to the Company to perform any business using said Content for Gnzo Services Purpose.
The license granted by you to the Company shall include the right to grant a sublicense to any third party to make any use of the Content for Gnzo Services Purpose.
In addition, the license granted by you to the Company shall not be subject to any limitation on territory, obligation to make copyright notice and any other associated terms and conditions and the license granted to the Company shall continue in effect as long as the relevant intellectual property right in the Content continues to exist.
- (3) The Company or any third party to which the Company granted a sublicense to use the Content may use or make public the Content on Gnzo Services. In this case, you shall acknowledge that the Content may be subject to any modification, such as excerption, size change or clipping. You shall also acknowledge that the Company may indicate the account name that you used at the time of posting the Content or other registered matters when the Company uses the Content.
- (4) Posting of the Content to be posted upon the request of the Company or any affiliated company of the Company may be conditioned upon that you shall transfer copyright therein to the Company or said affiliated company of the Company. In this case, the provisions of the preceding items (1) through (3) shall not apply. If you intend to respond to the request for posting, you are requested to carefully read the conditions of application therefor.
- (1) As stipulated in Paragraph 2, any Content which is posted on Gnzo services set to “Public” is automatically made for public viewing on Gnzo Services and becomes accessible to any third party. Your act of posting any content whose copyright is owned by any third party shall not be deemed to constitute private use by you whether the publication status thereof is set to “Public” or “Private”. You shall not post any content whose copyright is not owned by you without permission of the copyright holder thereof. You shall be fully responsible for your copying, sharing, transmitting and uploading or otherwise during your use of Gnzo Services and the Company shall not be held responsible for any event therefor.
- (2) You shall not engage in any conduct that infringes any right of other users, such as unauthorized use of the Content posted by another user of Gnzo Services outside the scope of a license granted under Gnzo Services.
- (3) The Company shall not be responsible for monitoring the information on Gnzo Services. The Company shall not be liable for any damage incurred by you because of use by the Company, any user, other than you, or third party of the Content posted by you. The Company shall not be responsible for correctness, completeness, appropriateness, or legality of the Content and any other information to which you may access by using Gnzo Services.
- (1) The Company respects the intellectual property rights of any third party and considers that you will likewise respect the rights. The Company shall respond to any notice alleging copyright infringement that is in compliance with the laws and properly submitted to the Company. Such a notice shall be made following the Company’s NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
- (2) The Company shall reserve any right to delete or invalidate the allegedly infringing Content and to suspend your use of Gnzo Services if the Company deems the manner of your infringement is malicious.
The Company shall not be liable for any damage incurred by these measures taken by the Company.
- (1) You shall be responsible for protecting your password that you use in accessing Gnzo Services. In addition, you shall agree not to disclose your password to any third party. You shall be responsible for any activities performed using your account, regardless of whether you have permitted such activities or not. You shall promptly notify the Company of any unauthorized use of your account.
- (2) You shall not share your user account with any other party in using Gnzo Services. Any use of your user account shall be deemed to be use by yourself and you shall assume any and all obligations and responsibilities arising from use of your user account, regardless of whether such use is made by yourself or not.
- (1) You shall not engage in any of the following acts in using Gnzo Services. If the Company deems that any Content posted by you falls under any of the following items, the Company may immediately delete such Content. In addition, if the Company deems that you engage in any of the following acts, the Company may temporarily suspend or delete your user account for Gnzo Services.
The Company shall not be liable for any damage incurred by these measures taken by the Company.
- (a) Act of infringing copyrights of any other user or third party;
- (b) Act of applying again for admission after being forced by the Company to withdraw from the membership;
- (c) Act of inviting to the Service any person who was forced by the Company to withdraw from the membership;
- (d) Act of infringing rights of publicity, privacy, property, or other rights of any other user or third party;
- (e) Act of slander or libel of any other user or third party;
- (f) Act of soliciting or inducing suicide or self-injury behavior;
- (g) Act that constitutes or may constitute a criminal act, inducement of a crime, preparation of a crime, or act used for a crime;
- (h) Act of infringing any human right, such as racial or ethnic discrimination, abuse and bullying;
- (i) Act against public order and morals, such as posting of obscene videos;
- (j) Posting of any pornographic or adult information;
- (k) Posting of any video that is deemed or may be deemed to be violent under commonly accepted norms;
- (l) Act that violates or may violate any laws and regulations;
- (m) Act that interferes or may interfere with the operation of Gnzo Services and the Company, or damages or may damage the credibility of the Company;
- (n) Act that is against or may be against national security; or
- (o) Act of using Gnzo Services by disguising yourself as the Company and any of its affiliated companies or any other third party.
- (2) The Company shall respond to any notice alleging “unacceptable content”, i.e., a content which correspond to either of the (o) from the above-mentioned (d), that is in compliance with the laws and properly submitted to the Company. Such a notice shall be made following the Company’s NOTICE AND PROCEDURE FOR MAKING CLAIMS OF UNACCEPTABLE CONTENT.
- (1) The Company shall be entitled to suspend or temporarily discontinue or change all or a part of Gnzo Services without prior notice to you if:
- (a) the Company performs inspection or maintenance work for the computer system related to Gnzo Services on a regular or emergency basis;
- (b) the computer system, communications lines or otherwise related to Gnzo Services do not operate or the Company deems is not likely to operate under normal and secured conditions because of any trouble that occurred to them;
- (c) the Company deems it difficult to operate Gnzo Services because of fire, power failure and national disaster; or
- (d) the Company deems it necessary to shut down or discontinue Gnzo Services because of business circumstances, economic status or otherwise.
- (2) Gnzo Services may be subject to change as a result of future improvement or addition of functions.
- (3) The Company shall not be liable for any damage caused by any measures stipulated in items (1) or (2) hereof taken by the Company.
- The Company shall strive to manage any data exchanged through Gnzo Services in a secure manner; provided, however, that the system or data may be lost because of accidental troubles to the system. The Company shall have neither obligation to make a backup of the data, including the posted Content nor to repair the lost data, and shall not be liable for any damage caused by the damage or loss of your data.
- (1) Gnzo Services may provide services collaborated with external services that are operated by third parties, such as Twitter ( http://twitter.com/ ) and Facebook ( http://www.facebook.com/ ), and Gnzo Services. You shall use the external services at your own responsibility and the Company shall not be liable for any damage incurred in connection with the use of the external services.
- (1) In the case that you have downloaded any client software package (“Software”) at the time of using Gnzo Services, the use of the Software shall be subject to the End-User License Agreement (hereinafter referred to as the “EULA”) that you agree to at the time of downloading the Software.
- (2) The Software and Gnzo Services are protected by patent, copyright, trademark, and other laws of both the Japan and foreign countries. The Company shall grant to you a limited, non-exclusive, non-transferable and revocable license to use the Software only for the purpose of accessing Gnzo Services. The license granted to you to use the Software shall be automatically cancelled when you breach the Terms of Service with respect to the Company’s intellectual property rights or if your user account is deleted by the Company.
- (3) The Company shall reserve any rights that are not expressly granted under the Terms of Service. You shall not reverse engineer or decompile the Software or assist any third party to do so.
- (1) The Company shall make no warranty with respect to the reliability and correctness of the details of the Content which are posted through Gnzo Services. Gnzo Services and the posted Content may include a link to other Content, however, the Company shall not be responsible for the utility of such Content or any loss or damage incurred therefrom.
- (2) The Company shall not be liable for any damage arising out of the deletion of the user account, posting and other Content, or the discontinuation, suspension, or cessation of any services, in accordance with the provision of the Terms of Service. The Company shall not be liable for any damage to your computer system, loss or damage of data, or any other damage, arising out of access to or use of Gnzo Services or the Software. The Company shall also not be liable for any other damage incurred by you or any third party in connection with the use of Gnzo Services.
- (3) NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE GNZO SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GNZO SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GNZO SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF BEING FREE FROM DEFECTS, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF GNZO SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE GNZO SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE GNZO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE GNZO SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- (4) You understand that by using any of Gnzo Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use Gnzo Services at your sole risk and that the Company shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
- (5) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using Gnzo Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Company does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.
To the maximum extent permitted by law, in no event shall the Company, or its affiliated companies, or their respective directors, employees, agents, suppliers or licensors (hereinafter referred to as the “Company’s Related Parties”) be liable for (a) any and all indirect, special, incidental, punitive or consequential damages, including loss of use, loss of data, loss of business, and loss of profits (irrespective of legal theory and even if the Company or the Company’s Related Parties have been advised of the possibility of such damage, and even if the remedy has failed of its essential purpose), and (b) such portion of total liability for all claims for Gnzo Services that exceeds the amount of fifty U.S. dollars (U.S.$50.00).
The Company may amend the Terms of Service from time to time. The latest version of the Terms of Service shall be posted on this Website at all times. If the Company deems that the Terms of Service are materially amended, the Company shall so notify you (for example, by sending an e-mail to the email address pertaining to your account). Any other amendment shall be posted on the page for the Company’s website of the Terms of Service, so you are advised to check such pages on a regular basis. If you continue to access or use Gnzo Services after amendment becomes effective, you shall be deemed to have agreed to be bound by the amended Terms of Service. Unless you agree to the new Terms of Service, you must cease to use Gnzo Services.
- (1) The Terms of Service and the use of Gnzo Services and the Software shall be governed by the laws of Japan, without reference to principles of conflicts of laws. The Tokyo District Court shall have exclusive jurisdiction over any claims arising in connection with the Terms of Service or Gnzo Services or the Software and each party agrees to submit itself to such venue and personal jurisdiction. The Terms of Service constitute the entire and exclusive agreement between you and the Company concerning Gnzo Services and supersede and replace any other agreement and conditions applicable to Gnzo Services.
- (2) The Company’s failure to exercise any provision of the Terms of Service shall not be deemed to be a waiver of the Company’s right to exercise such provision in the future. Even if any provision of the Terms of Service is found to be unenforceable, the remaining provision thereof shall remain in full force and such unenforceable provision shall be replaced with an enforceable provision that reflects the intention of the parties as much as possible.
- (3) You shall not transfer any rights under the Terms of Service; provided, however, that the Company may transfer its rights to its affiliated companies, subsidiaries or the successors to ownership of the business related to Gnzo Services.
Date of Enactment: January 6, 2012
Last Modified: October 1, 2012