Term of Use
Chirpstory (chirpstory.com) is a product of Togetter Inc. In order to use Chirpstory, you must agree with terms and conditions stipulated within this Term of Use.
AGREEMENT Prior to using this site, users must accept and agree with terms and conditions described herein. Togetter Inc. may change contents within this Term of Use, wholly, or partially, without prior notice nor warning to Chirpstory users. The new Term of Use will become effective once users use Chirpstory after the change takes place.
LIABILITY Consequences, liabilities, or damages arising from contents or information posted on Chirpstory are users' responsibility. "Users" refer to persons with possession of Twitter accounts that are used to log into and post contents onto Chirpstory. Togetter Inc. shall not be taken liable for any damages or harms caused by violation done by users. Compensation to Togetter Inc. and/or other parties from damages occurring from posts created by a user may apply when deemed necessary.
USAGE If Togetter Inc. determines that any of the information posted by users on Chirpstory violate the Term of Use, Togetter Inc. may hide or delete such information, wholly or partially, without prior notice, warning, nor explanation to the User who posted the information. In situations when deemed necessary, e.g.: in order to protect Togetter Inc. or other users' rights, property, or business/services, to protect another party's life or property, Togetter Inc. may disclose or provide information posted on Chirpstory to a court, criminal investigator, or other public and legal institution to the extent deemed necessary. The use of Chirpstory is free of charge to users, except for certain services that clearly state payment is required. Notwithstanding this, users are responsible for any telecommunications charges needed for using Chirpstory.
PERSONAL INFORMATION DISCLOSURE Except as provided as follows, Togetter Inc. shall not provide users' personal information to a third party without users' consent: 1) when permitted by laws and regulations; 2) when deemed necessary in protecting a person's life, preventing damages to a person or property and it is difficult to obtain the users' consent prior to disclosing the relevant personal information; 3) when developing the site service together with a third party and whole or partial users' personal information is inevitably exposed; 4) when requested by a party having authorities over Togetter Inc. in providing confidential information; 5) when requested by a court, public prosecutors, police agencies, tax offices, or other institution with equivalent authority; 6) when personal information disclosure is inevitable, e.g.: when under a legal business agreement a third party takes over Chirpstory and merges, transfers data from Chirpstory, wholly or partially; and 7) in other situations when it is necessary to defend Togetter Inc. rights.
COPYRIGHT Chirpstory operates under protocols (either from, and not limited to Twitter Inc., Facebook Inc.) which enable displaying information on Chirpstory in a way that does not result in obligation to pay to the tweeters, Facebook users, Instagram users, etc. Information or content on (in) Chirpstory is solely a display adjunct to the original content or information. Users who post contents on Chirpstory do not own copyright except for material posted by themselves. Using the formal protocols established by Twitter Inc., Facebook Inc., and others (such as API, embedding) shall not invoke obligations, either legally or morally, for Togetter Inc. nor Chirpstory users to pay for the licence to the tweeters, Facebook users, Instagram users, etc. Notwithstanding this, any usage beyond the permissible protocols may result in copyright infringement, therefore users should be careful and pay attention. Users must understand and accept that contents they posted on Chirpstory may be used in other services with formal affilitation with Chirpstory and Togetter Inc., including Chirpstory's Facebook pages, Twitter account, etc. Users shall not invoke moral and/or legal obligation with respect to copyright pursuant to this paragraph. Except for materials that belong to users, the copyright and intellectual property right in relation to the service, technology, and information about Chirpstory belong to Togetter Inc. Users must not copy, transfer, rent, translate, modify, reproduce, convey, publish, or distribute such materials without prior consent from Togetter Inc.
RESTRICTIONS Togetter Inc. may restrict or suspend users' functionality when it is determined necessary. Common reasons for imposing restrictions or suspension to a user include:
- (Repeated) misuse behaviour, when a user is known to repeatedly violate the Term of Use in the past
- Impersonating Chirpstory, or other Togetter Inc. services, or a third party
- Creation of offensive contents, threats, or other contents containing expression that disrespect the common standard of decency
- Exercise of prohibited acts described in the following section
- Inappropriate use other than those listed above.
PROHIBITED ACTS Users are strictly prohibited from posting any contents (posts, comments), or exercising any actions that resemble the following:
- Contents that engage in, encourage, promote, or contribute to crime, violence, hatred, suicide, self-harm, withdrawal from society, or illegal betting (gambling)
- Contents that infringe, or may infringe copyrights, patents, trademarks, or other intellectual property such as confidential information related to trade or business under possession of Togetter Inc. or a third party
- Contents expressing threat, defamation towards Togetter Inc. and their services or a third party
- Contents that violate the laws and regulations applicable in the region where Chirpstory is used
- Contents that can cause harm or damages to Togetter Inc. and their services or a third party
- Contents that will be perceived discriminatory against certain nationality, ethnicity, social status, gender, ideology, religion or age
- Photographs, images, videos or other forms containing brutality, violence, that may upset common users
- Photographs, images, videos or other forms containing pornography, child abuse, obscene images of sexual activity or genitalia
- Contents with posting links to sites for downloading (including streaming) videos or images that involve obscenity, prostitution, pornography, and sites that sell adult merchandise
- Contents that explicitly express pursuant for (sexual) encounters, or lure people for such encounters
- Contents that may cause harm, injury to other people, especially minors
- Contents with commercial promotion purposes, advertising material, or affiliate links without approval from Togetter Inc.
- Contents that solicit others for joining multi-level marketing programs, pyramidal trade schemes, chain mail, or paid-to-read email schemes
- Contents that reveal easily identifiable personal information, such as an address, name, email address, telephone number or financial institution account number
- Contents that aim at obtaining other people's easily identifiable personal information, such as an address, name, email address, telephone number or financial institution account number
- Contents that aim at spreading malicious content, such as computer viruses, one-click fraud sites, or phishing sites
- Contents that defame someone
- Contents with intention of providing misleading information
- Using Chirpstory as a personification of other people
- Using Chirpstory, or contributing to an action, in certain manner that puts excessive and unreasonable burden on Chirpstory's servers, interferes or may interfere the normal operation, capacity in providing optimum service and disrupt other users in using Chirpstory
- Using Chirpstory, partially or as a whole, for commercial purposes without approval from Togetter Inc.
- Acts that violate Twitter's rules
- Other acts determined to be inappropriate by Togetter Inc.
Irrespective of whether those are intentional or solely a negligence, when Togetter Inc. determines violation takes place, Togetter Inc. may hide or delete such contents, or take other necessary measures, such as imposing restrictions or suspension to the user without prior notice, warning, nor explanation. Togetter Inc. is not to respond any inquiries regarding any measures taken against users' violation of the Term of Use.
DISCLAIMER Togetter Inc. shall not be taken liable for any damages in connection to Chirpstory's use by users. Togetter Inc. reserves the right to change, suspend, or terminate Chirpstory without notifying users in advance. Togetter Inc. will not be taken liable for any interruptions to the users in accordance to such change, suspension, or termination of Chirpstory.
Togetter Inc. does not replicate the data stored in Chirpstory's servers, including contents posted by users. Togetter Inc. will not restore data that is stored in Chirpstory's servers and lost or damaged for any reason.
USERS RESPONSIBILITY If a conflict arises between a user and other users or third parties through Chirpstory or concerning contents on Chirpstory, users are to resolve the conflict. If Togetter Inc., other users, or a third party suffers damage from this conflict, the user who is held responsible shall provide restitution. If a user infringes a third party's copyrights when using Chirpstory, the user will be financially or otherwise responsible for resolving the claims and shall compensate Togetter Inc. for any damages that arise. Users shalll compensate Togetter Inc. for any other damages resulting from users' violation when using Chirpstory. Users are responsible for managing contents and information they posted on Chirpstory. Users shall respond promptly, with good will, when there are requests from other users or a third party to hide or delete whole or partial contents they posted on Chirpstory. Users are also responsible for managing the comments posted by other users on the their posts and agree that the same manner is applicable for their comments on other users' posts. If users refuse to cooperate, administrator shall take action in managing the contents under concern. Togetter Inc. may hide, delete, any contents violating the Term of Use, regardless if they are posted intentionally or with negligence.
RULING COURT The Term of Use is established based on the laws of Japan. When there is a request for mediation concerning disputes between Togetter Inc. and a user, the supervising court will be the Tokyo Summary Court or the Tokyo District Court.
Effective January 17, 2011
Last modified April 1, 2012