Terms of Use 

Article 1 Terms of Use

1.      These terms of use (these “Terms of Use”) set out terms and conditions between Timers Inc. (“Timers” or “us”) and you (“User” or “you”) regarding your use of all services related to the Famm app provided by us (the “App” and the “Services”).  If the provisions of these Terms of Use differ to the provisions of any other individual terms of use, the provisions of such other terms of use will prevail unless otherwise provided for by us.  By using the Services you consent to all the provisions of these Terms of Use, the Privacy Policy, and any other terms of use (the “Policies”).

2.      If you are a minor, please obtain the consent of your legally authorized guardian before using the Services. Persons who are under fourteen are not allowed to use the Services.

3.      We may amend the Policies at our own discretion. Unless otherwise provided for by us, the amended Policies will become effective from the time at which they are displayed on the website relating to the services (the “Website”).  By using the Services after such amendment, you consent to the Policies as so amended. If any part of the Policies were held to be invalid, the remaining provisions will continue to be effective.

 

Article 2 Use of the Services; User Authentication

1.      In using the Services you must comply with the provisions of the Policies.

2.      When using the Services, you may, at your own discretion and by following the procedures prescribed by us, set an email address and password as your authentication information.  You may also set your Facebook Account as your authentication information by means of Facebook Connect technology, which uses authentication information etc. from the Facebook service provided by Facebook, Inc.

3.      You may use the Services by having your identity authenticated by means of your authentication information. If you use the Services without using your authentication information (including the case where you do not register any authentication information, the case where you have forgotten the authentication information that you registered, or the case where the authentication information that you registered is deleted in accordance with the Policies.), you agree in advance that we will be unable to guarantee that you will be able to continuously use the Services as the one same user and that we will bear no liability whatsoever for any damage incurred due to you being unable to continuously use the Services as the one same user (including any loss or inconvenience caused due to your identity no longer being authenticated or you becoming unable to access information that you were able to access in the past, as a result of actions such as deleting the App or changing the device on which you use the App).

 

Article 3 Handling of Information including Personal Information

Any personal information obtained from you in the course of operating and managing the Services will be appropriately handled by us in accordance with our privacy policy (the “Privacy Policy”).  Please see the Privacy Policy for details.

 

Article 4 Management of Authentication Information

1.      You must keep up to date any authentication information that you set when using the Services, and we will bear no liability whatsoever for any disadvantage or damage you incur due to your authentication information being inaccurate or false.

2.      Authentication information provided by you upon using the Services must be rigorously managed at your own responsibility to ensure that it is not used inappropriately, and you must not lend, transfer, or sell to a third party or transfer title to the authentication information, let any third party use the authentication information, or the like.

3.      Any and all activity on the Website using the authentication information that you set may be deemed by us to be your activity.

4.      You must comply with the following matters to ensure that the password pertaining to your authentication information is not used by a third party:

a.      choose a password that is not readily guessable by a third party;

b.      do not publicly disclose your own password to a third party; and

c.      if you will be using the Services on a device used by multiple people, be sure to log out whenever you finish using the Services.

5.      You will be liable for all damage arising due to any inadequate management, usage error, third party use or the like of the authentication information, and we will bear no liability whatsoever.  If we or a third party incurs any damage due to misuse of the authentication information, you must compensate us and all such third parties for such damage.

 

Article 5 Fees

1.      Use of the Services is free in principle.

2.      You are responsible for all costs required to use the Services, such as costs pertaining to the purchase, setup and maintenance of user devices, and telecommunication fees such as packet fees and data usage fees.

3.      Fees for paid services (including fees for all “Famm Products” (meaning Famm calendars, Famm DVDs, and other products able to be ordered through the App); the same hereinafter) will be as separately prescribed by us, and you must pay the fees stated in the App by the method prescribed in these Terms of Use.

4.      If you are delayed in payment for any paid services, you must pay to us a penalty fee calculated at 14.6% p.a.

5.      If you are delayed in payment for any paid services, we may terminate your use of all or part of the Services.

 

Article 6 Order of Famm Calendars

1.      If you wish to order a Famm calendar (meaning the one-month paper calendar prepared in accordance with the provisions of these Terms of Use), by subscribing to the “monthly payment plan” by our prescribed method you will automatically place an order on the 10th day of each month for a Famm calendar for the following month in the quantity you designate by our prescribed method.  If you cancel the “monthly payment plan” by our prescribed method, subsequent automatic orders of Famm calendars will be suspended.

2.      If you order a Famm calendar pursuant to the preceding paragraph, you may select, before the 10th day of each month and by our prescribed method, the design and photos to be displayed on the Famm calendar for the following month.  If you do not select the design or photos to be displayed on the Famm calendar for the following month before the 10th day of each month, we may determine those matters at our own discretion.

3.      When an order for a Famm calendar is placed pursuant to paragraph 1, you must pay the fee to us for such order in accordance with the provisions of these Terms of Use.

4.      It is not possible to withdraw or cancel an order for a Famm Calendar made pursuant to paragraph 1 after such order has been placed.

 

Article 7 Order of Famm DVDs

1.      If you wish to order a Famm DVD, by subscribing to the three-monthly regular payment plan by our prescribed method you will automatically place an order at the time of such subscription for your first Famm DVD in the quantity you designate by our prescribed method, and for subsequent Famm DVDs you will automatically place an order at the end of each subsequent third month following the first order month (the “First Order Month”).  If you cancel the three-monthly regular payment plan for Famm DVDs by our prescribed method, subsequent automatic orders of Famm DVDs will be suspended.

2.      If you order a Famm DVD pursuant to the preceding paragraph, you may change, by our prescribed method, the content contained in the Famm DVD, provided that such change is made before the last day of the month in which the order is placed in the case of a change pertaining to your first Famm DVD, and before the automatic order date in the case of subsequent Famm DVDs.  If you do not make any change to the content contained in a Famm DVD by the last day of each third month following the First Order Month, we may determine those matters at our own discretion.

3.      When an order for a Famm DVD is placed pursuant to paragraph 1, you must pay the fee to us for such order in accordance with the provisions of these Terms of Use.

4.      It is not possible to withdraw or cancel an order for a Famm Calendar made pursuant to paragraph 1 after such order has been placed.

Article 8 Order of Famm Birthday Board

1.     If you wish to order a Famm Birthday Board, by our prescribed method you will

place an order for Famm Birthday Board.

2.     If you order a Famm Birthday Board pursuant to the preceding paragraph, you must

pay to us the fee stated in the App in accordance with these Terms of Use at the time the order for the Famm Birthday Board has been placed.

3.     It is not possible to withdraw or cancel an order for a Famm Birthday Board made

pursuant to paragraph 1 after such order has been placed.

Article 9 Order of Famm Caricature

1.     If you wish to order a Famm Caricature, by our prescribed method you will place an

order for Famm Caricature.

2.     If you order a Famm Caricature pursuant to the preceding paragraph, you must pay tous the fee stated in the App in accordance with these Terms of Use at the time the order for the Famm Caricature has been placed.

3.     It is not possible to withdraw or cancel an order for a Famm Caricature made pursuantto paragraph 1 after such order has been placed.

Article 10 Order, Delivery, and Return of Products

1.      In addition to the provisions of the preceding two Articles, you may place an order by our prescribed method for any Famm photo calendar or other Famm Product.  If you order a Famm Product as prescribed in this paragraph, you must pay to us the fee stated in the App in accordance with these Terms of Use at the time the order for the Famm Product has been placed, and it is not possible to withdraw or cancel such order after it has been placed.

2.      At our own discretion we may (i) determine matters such as the scope of Famm Products able to be ordered or the period in which they are able to be ordered and (ii) stop accepting orders temporarily.

3.      If you order a Famm Product, we will accept such and order ship the product in accordance with the following and subsequent paragraphs, except in the following cases: (i) where you do not pay the fee for the product or we deem it likely that payment will not be made; (ii) where the product is sent to the address you designate but it is not received or we deem it likely that it will not be received; or (iii) where we otherwise deem it necessary to refuse to accept the order.

4.      The following Famm Products will be sent to the address you designate by approximately the following dates:

(i)   Famm calendars for the following and subsequent months: the last day of the month prior to the month indicated on the calendar;

(ii)  Famm albums for the following and subsequent months: the last day of the month prior to the month indicated on the calendar; and

(iii) Famm calendars for the current or previous months: two weeks from the order date.

         Shipment or arrival of your product may be delayed due to weather or traffic conditions or due to operational reasons of Timers.

5.      Famm DVDs will be sent to the address you designate by approximately the following dates:

(i)   your first Famm DVD: within two months after the First Order Month; and

(ii)  your second and subsequent Famm DVDs: within two months after the month in which an automatic order is placed.[注文締め切り月]

         Shipment or arrival of your product may be delayed due to weather or traffic conditions or due to operational reasons of Timers.

6.      Except as otherwise prescribed by us, you must pay a shipment fee for Famm Products separate to the product fee stated in the App.  If you do not accept delivery of the product and we reship it to the address you designate, you must pay any expenses incurred for such reshipment.

7.      If you do not accept delivery of a Famm Product within 30 days from the day (inclusive) on which we ship such product to you, we may deem that you have waived ownership of such product and we may freely dispose of such product.

8.      We will not accept any requests for return or exchange of Famm photo calendars or other products that are provided for free.

9.      In the case of Famm photo calendars or other products purchased for value that contain pages that are in the wrong order or are missing, you may make a request to us for a product exchange in accordance with the provisions of this paragraph (however, we are unable to accept requests for refunds).  If a Famm Product purchased for value contains pages that are in the wrong order or are missing pages or are otherwise defective and you wish to request a product exchange, within seven days after the product arrives you must send an email to our prescribed contact address stating your name, your email address registered on the App, the date on which the product arrived, and your reason for requesting a product exchange (i.e., the details of the product defect).  Please understand that if we are not contacted by you as prescribed in this paragraph within seven days after the product arrives, or if you do contact us as described in this paragraph within seven days after the product arrives but do not contact us again after we send a response, we will be unable to comply with the product exchange request regardless of the existence of any defect.

 

Article 11 Attribution of rights, etc.

1.      You may use the Services to post text, URLs, photographs, videos, and other information prescribed by us (“User Content”).

2.      By the method prescribed by us, you may consent to synching on the Website any User Content (limited to the type of User Content prescribed by us; “Synched Content”) with other users who you have mutually approved (any such mutually approved user is referred to as a “Family Member or Relative”) (such approval is referred to as “Family Approval”).  As a result of Family Approval, Family Members or Relatives will become able to view Synched Content and perform other actions prescribed by us.

3.      You hereby warrant and agree that none of the User Content you post to the Website will infringe the rights of a third party or violate any laws, ordinances or the like.  Such rights and laws, ordinances, and the like include, but are not limited to, intellectual property rights and privacy rights.  We may delete from the Website any User Content that we deem to contain content that breaches these Terms of Use for any reason whatsoever.

4.      You retain all rights related to User Content that you post to the Website.  However, you consent to your Family Members or Relatives editing, modifying, deleting, reproducing, publicly transmitting (including making ready for public transmission) and otherwise using Synched Content.  The permissions you grant your Family Members or Relatives will non-retroactively cease to be effective only if the Family Approval is dissolved.  You also hereby grant us a license over your User Content to the extent necessary to provide the Services (including free and paid printing of User Content).

5.      You hereby grant us a license to tie in data relating to User Content and use it in all of the features of the Services (this includes sending data relating to User Content to third party email addresses you have registered on the Services).

6.      If any issue arises relating to the use by your Family Members or Relatives of Synched Content, such issue must be resolved between you and your Family Members or Relatives, and we will bear no liability whatsoever.

7.      Intellectual property rights pertaining to all information appearing on the Services other than User Content belong to us or the owners who licensed such rights to us, and you must not reproduce, assign, lend, translate, modify, paste to another location, publicly transmit (including making ready for public transmission), communicate, distribute, publish, use for commercial purposes, or otherwise appropriate such information without permission.

8.      You are responsible for performing all backup and other necessary measures regarding User Content, including photo data and video data.

Article 12 Payment

1.      Payment of the fees for paid services is to be made by credit card by the method prescribed by us after registering your credit card information.

2.      If there is a change in your registered credit card information, you must register the new information by following the procedures prescribed by us.

3.      We do not issue receipts for any fees paid.  Please use the usage statement issued by your credit card company as a receipt.

4.      If payment of any payable fees is not made by the method prescribed in paragraph 1 above, you must pay the fees by a method that we will designate.

 

Article 13 Payment by Payment Method of Family Member or Relative

1.      By following the procedures prescribed by us, you are able to permit one person who you approve from among your Family Members or Relatives (your “Partner”) to use your registered credit card to make payment of fees for paid services that your Partner applies for or changes the details of.  If you grant the permission provided for in this paragraph your Partner will use such credit card as your attorney-in-fact, and you will be liable for the payment of the fees for paid services regardless of whether you have knowledge of the fact that the paid service was applied for or the details thereof were changed.

2.      You may non-retroactively revoke the permission provided for in the preceding paragraph at any time by following the procedures prescribed by us.

 

Article 14 Prohibited Activities

You must not engage in any of the following prohibited activities (this includes soliciting others to engage in such activities or engaging in preparatory activities for such activities) in connection with using the Services, and if you do engage in any of the following prohibited activities, we may delete the prohibited information or terminate your use of the Services, delete your authentication information, or take any other measure that we deem appropriate:

1.     any activity that violates laws or ordinances or is contrary to public policy;

2.     any activity that is illegal or that announces, involves, or promotes such activity;

3.     posting anything that infringes the copyright or other such intellectual property rights, or the privacy rights, portrait rights, or other rights of a third party, damages or defames the reputation of a third party, or causes a nuisance to a third party;

4.     posting, transmitting, or otherwise disseminating any program designed to break or interfere with the software, hardware, or other functions used by other Users;

5.     any activity that places a burden on servers beyond the scope ordinary use, any activity aimed at promoting such activity, or any other activity that interferes with or impedes the operation or provision of the Services or the use of the Services by other Users;

6.     any activity that interferes with the Services or advertisements or promotional campaigns placed on the Services;

7.     using the Services for a purpose other than the intended purpose;

8.     using the Services by using the authentication information of another User;

9.     obtaining the authentication information of another User (regardless of the means) or disclosing or supplying the authentication information of another User;

10.   directly or indirectly affording benefits to anti-social forces in connection with the Services;

11.   harassing other Users or third parties such as by stalking or any other method;

12.   posting words or other expressions that may glamorize, induce, or promote acts such as suicide, self-harm, or drug abuse;

13.   posting any expression that may lead to discrimination based on ethnicity, race, gender, age, or the like;

14.   collecting or accumulating (other than via the specifications of the programs provided through the Services) any personal information or history information or the like of other Users without permission;

15.   posting the information of other people without their permission, such as email addresses, telephone numbers, number plates, financial institution account numbers, or street addresses;

16.   performing user registration by using an email address that belongs to another person or is fictitious;

17.   pretending to be another User or a third party;

18.   posting, registering, or otherwise disseminating information that contains content that is false or likely to invite misunderstanding;

19.   posting indecent expressions, such as images, videos, illustrations or the like that are deemed indecent, or words that correspond to sexual acts or sexual organs;

20.   posting violent or grotesque photos, or any other images, words, or other expressions that are unpleasant for ordinary Users;

21.   using the Services for the purpose of sexual acts, indecent acts, or the like;

22.   posting links to child prostitution or the like;

23.   any activity that we deem is primarily for the purpose of seeking or soliciting romantic encounters or the like with strangers;

24.   any other activity that is deemed to have an adverse impact on the moral development of minors (such as underage drinking and smoking);

25.   posting information that solicits third parties such as pyramid schemes, chain mail, or MLM (multi-level marketing);

26.   causing others to engage in illegal gambling or soliciting others to participate in illegal gambling;

27.   make another user registration application for the Services after having your account terminated due to activity that breaches these Terms of Use;

28.   assigning to a third party, or allowing a third party to use, your status as User;

29.   assigning any or all of your usage rights pertaining to the Services other than by a method prescribed by us;

30.   using any or all of your usage rights pertaining to the Services to barter for cash or other property or property interest, or advertising, notifying, or soliciting any such bartering;

31.   disassembling, decompiling, or reverse engineering the Services, or any activity that seeks to analyze the source code, structure or other aspect of the Services;

32.   reproducing, altering, adapting, redistributing, or selling the Services, combining the Services with other software, or any similar activity;

33.   any activity that seeks to break the security devices or security codes contained in the Services; or

34.   any other activity that we deem to be inappropriate.

 

Article 15 Change of Services

1.      If any of the following events occurs or we otherwise deem it necessary, we may add, change, suspend, or terminate the Services at our own discretion and without notifying Users, and we will bear no liability whatsoever to Users or other related parties in respect thereof:

a.      when carrying out maintenance or inspections of equipment or systems that are used to provide the Services;

b.     when it is difficult to operate the Services due to fire, power outage, system failure or the like; or

c.      when we otherwise deem it necessary.

2.      We may cease providing the Services at our own discretion, and in such case will notify Users in advance.  We will not bear any liability whatsoever for any damage, loss or expenses (“Damage”) that you or any related parties incur due to such cessation.

 

Article 16 Waiver; Responsibility of Users

1.      The Services may not function properly depending on your usage environment (such as your OS).

2.      The Services use either the API provided by Facebook or the API provided by Twitter, and faults or errors may arise in the Services depending on the status of the API being used.  All matters relating to posts made on APIs provided by such third party companies or made from the Services to the services of API affiliated companies, or relating to User Content stored as data on the servers of such companies will be governed by the terms of use, privacy policies, and the like prescribed by each such company.

3.      Except where there is found to have been willful misconduct or gross negligence on the part of Timers and to the maximum extent permitted under the Consumer Contract Act, or any other similar regulation, we will bear no liability whatsoever in respect of the provision of the Services, in respect of any delays, changes, suspension, or cessation of the Services, in respect of any leaking, loss, in relation to information data or the like that is sent, received, exchanged, or stored on or through the Services, third party rights infringement, or the like or any other Damage caused to you or a third party in connection with the Services.  We make no warranty whatsoever in respect of the Services or information etc. provided in connection with the Services (including our content or link information or the like within the Services), including any warranty as to the completeness, accuracy, reliability, usefulness thereof.

4.      You agree that we will bear no liability whatsoever in respect of (1) your use of the Services or your being unable to use the Services, (2) any unauthorized access to or unauthorized modification of the Services, (3) any comments or transmissions by other Users in the Services, (4) impersonation by third parties, (5) any information or promotional campaigns provided through the Services, or (6) any other Damage incurred as a result of or in connection with any matter relating to the Services.

5.      Any disputes arising between Users must be resolved by those Users at their own responsibility. If we, another User, or a third party other than a User incurs Damage, the User who caused such Damage must indemnify us, such User, or such third party.  If a dispute arises between a User and a third party who is not a User, the User who is party to such dispute must resolve the dispute at its own responsibility, and if we, another User, or a third party other than a User incurs Damage, the User who caused such damage must indemnify such third party.

6.      In addition to the preceding paragraph, any complaints or claims arising as a result of or in connection with User Content or your connection to the Services, your breach of these Terms of Use, or your infringement of third party rights, must be resolved at your responsibility and expense.

7.      If you infringe the rights of a third party and we incur damages or other expenses in connection with responding to complaints or claims from such third party, you must bear all such damages and other expenses (including attorneys’ fees paid by us) as the party to such dispute.

 

Article 17 Account Deactivation

1.      If you wish to cease using the Services and to have your account deactivated, send an account deactivation application by the method prescribed by us, and your account will be deemed deactivated upon delivery of a deactivation completion email.

2.      If your account is deactivated, from that time onward you will become unable to access User Content that you have posted or your authentication information.

3.      If we determine that you have deceased or that you have not used the Services in a long period of time, we may deactivate your account.  Any User Content you post or your status as User will not be assignable to your heirs in the event of your death.

 

Article 18 Governing Law

These Terms of Use are governed by the laws of Japan, and are to be construed in accordance therewith.

 

Article 19 Jurisdiction

The Tokyo District Court has exclusive jurisdiction as the court of first instance for any necessary litigation between you and us.

 

 

Revision history

Established on October 14, 2018