Terms of Service

1. Purpose

1. These Terms of Service (hereinafter referred to as "these Terms") apply to users (as defined in Article 2) who use "First Gravure" (hereinafter referred to as "the Service") operated by Eye Factory Co., Ltd. (hereinafter referred to as "the Company"). Users shall use the Service with their agreement to these Terms.
2. These Terms set forth the conditions for using the Service. All users who have registered as users of the Service shall use the Service in accordance with these Terms and the conditions specified in these Terms according to conditions such as age and usage environment.
3. The Agreement (as defined in Article 2) between the user and the Company shall be established when the user agrees to these Terms.

2. Definitions

The following terms used in these Terms shall have the meanings set forth in the following items:

3. Service Content

1. Users can purchase Products from the Company by using the Service.
2. Users can view purchased Products through streaming distribution on the Service or by downloading them to their devices.

4. User Registration

1. Persons wishing to become users of the Service shall register as users through the procedures prescribed by the Company after agreeing to the contents of these Terms. Minors, adult wards, persons under curatorship, and persons under assistance may not register as users if settings and inputs have not been made by their legal representatives or if they have not obtained prior consent from their legal representatives.
2. Users shall be obligated to promptly perform procedures to change registered information when changes occur in the information registered pursuant to the preceding paragraph.
3. The Company may refuse user registration at its discretion.
4. Users may not allow, lend, transfer, sell, or pledge their accounts on the Service to third parties.

5. Purchase of Products

1. When a user wishes to purchase Products, a sales contract for the Products shall be established by making payment in accordance with the method prescribed by the Company. The Company may change the specifications of the purchase procedures for Products at any time to improve the convenience of using the Service.
2. Even after the sales contract pursuant to the preceding paragraph has been established, the Company may cancel orders due to circumstances on the part of the performers of the Products (hereinafter referred to as "Performers") or other unavoidable reasons.
3. Users agree in advance that purchased Products may become unavailable for viewing based on the contract between the Company and Performers.

6. Payment

1. After the sales contract of the preceding article has been established, users shall pay for the Products using a third-party payment service provider in accordance with the method prescribed by the Company. Fees related to payment shall be borne by the user. The Company grants such third party the authority to receive product payments on behalf of the Company, and users shall be deemed to have completed payment to the Company by paying the product price on the service provided by such third party.
2. Users can download Products by the method prescribed by the Company after confirmation of payment.
3. If a user's credit card payment is charged back, the Company shall immediately take any or all of the measures set forth in Article 12, Paragraph 2 against such user.

7. Transfer of Ownership and Risk

Ownership and risk of the Products shall transfer from the Company to the user when payment for the Products is completed.

8. Returns of Products

We do not accept returns or exchanges of Products due to user circumstances after order completion.

9. Management of User Information and Communication Devices

1. Users shall prepare all equipment, means of communication, means of transportation, and other environments necessary to receive the Service at their own expense and responsibility. All communication costs necessary for using the Service shall be borne by the user.
2. Users shall be responsible for managing User Information and communication devices. Users shall be responsible for damages caused by inadequate management of User Information and communication devices, errors in use, use by third parties, etc., and the Company shall not be liable unless the Company has intent or negligence.
3. If there is a risk that User Information or communication devices may be used by a third party, users shall immediately notify the Company to that effect and follow the Company's instructions if any.

10. Service Provision Conditions

1. The Company may suspend or change the Service without notifying users for maintenance or other reasons.
2. The Company may suspend or terminate the posting of Products without notifying users due to contracts between the Company and Performers.

11. Intellectual Property Rights

1. When users make posts on the Service, regardless of whether they have copyright protection, they agree to grant the Company the right to use, free of charge and without limitation, all copyrights (including rights under Articles 27 and 28 of the Copyright Act) that may arise with respect to part or all of the posted content for any purpose.
2. Users may not reproduce, reprint, publicly transmit, modify, or otherwise use all information and content provided in the Service (hereinafter collectively referred to as "Company Content") beyond the scope of private use as defined in the Copyright Act, regardless of method or form.
3. Copyrights, patent rights, utility model rights, trademark rights, design rights, and all other intellectual property rights and the right to register these rights (hereinafter collectively referred to as "Intellectual Property Rights") relating to Company Content shall belong to the Company or licensors from whom the Company has received licenses, and shall not belong to users. In addition, users shall not reproduce, distribute, reprint, forward, publicly transmit, modify, adapt, or otherwise make secondary use of Company Content, regardless of the existence of Intellectual Property Rights.
4. If a problem arises due to a user's violation of the provisions of this Article, the user shall resolve such problem at their own expense and responsibility and take appropriate measures so as not to cause any disadvantage, burden, or damage to the Company.
5. Users shall not exercise moral rights of authors (including the right of publication, right of attribution, and right of integrity) against the Company, third parties who have legitimately acquired rights from the Company, and persons who have succeeded to rights from such third parties with respect to part of posted content that may constitute copyrighted works.

12. Prohibited Acts

1. The Company prohibits the following acts by users in connection with their use of the Service:
   1. Acts that violate these Terms
   2. Acts that infringe or may infringe upon intellectual property rights, patent rights, utility model rights, design rights, trademark rights, copyrights, portrait rights, or other property or personal rights of the Company, licensors from whom the Company has received licenses, or other third parties
   3. Acts that cause or may cause disadvantage or damage to the Company or third parties
   4. Acts that unjustly damage the honor, rights, or credit of others or may do so
   5. Acts that violate laws or ordinances
   6. Acts that are or may be contrary to public order and morals, or acts that provide information that may be contrary to public order and morals to other users or third parties
   7. Criminal acts, acts that lead to criminal acts, acts that encourage such acts, or acts that may do so
   8. Acts that provide information that is false or may be false
   9. Unauthorized access to the Company's systems, alteration of program codes associated therewith, intentional falsification of location information, cheating using communication device specifications or other applications, distribution of computer viruses, or other acts that hinder or may hinder the normal operation of the Service
   10. Using macros or functions or tools that automate operations
   11. Acts that damage or may damage the credibility of the Service
   12. Acts that may adversely affect the mental and physical health and sound development of young people
   13. Acts of using the Service by impersonating a third party, including by using another user's account
   14. Acts that lead to or may lead to crimes such as fraud, abuse of controlled substances, or illegal buying and selling of bank accounts and mobile phones
   15. Acts related to proceeds of crime, acts related to financing of terrorism, or acts suspected of such
   16. Other acts deemed inappropriate by the Company
2. If the Company determines that a user's act falls under any of the items of Paragraph 1, the Company may take any or all of the following measures without prior notice:
   1. Restriction of use of the Service
   2. Withdrawal disposition by termination of the Agreement
   3. Other acts that the Company reasonably deems necessary

13. Termination

1. The Company may terminate the Agreement and cause users to withdraw without requiring any notice if users fall under any of the following items:
   1. When registered information contains false information
   2. When the user has been subject to withdrawal disposition by the Company in the past
   3. When the Company receives notice from the user's heir or other person that the user has died, or when the Company can confirm the fact of the user's death
   4. When a minor uses the Service without the consent of their legal representative
   5. When an adult ward, person under curatorship, or person under assistance uses the Service without the consent of their guardian, curator, assistant, etc.
   6. When the user does not respond sincerely to requests from the Company
   7. Other cases deemed inappropriate by the Company
2. In addition to the cases set forth in the items of the preceding paragraph, the Company may terminate the Agreement and cause users to withdraw by giving advance notice to users at least 30 days prior. In addition, if a user wishes to withdraw, they may terminate the Agreement and withdraw at the end of the current month through the withdrawal procedures prescribed by the Company.
3. Users who have withdrawn due to the measures in Paragraphs 1 and 2 shall lose the benefit of time at the time of withdrawal and shall immediately perform all obligations owed to the Company.

14. Non-Warranty and Disclaimer

1. The Company makes no warranty whatsoever regarding the accuracy, currency, usefulness, reliability, legality, fitness for a particular purpose, or non-infringement of third party rights of the content of the Service and Products.
2. When using the Service, users may transition from the Service to other services operated by third parties related to the Service (hereinafter referred to as "External Services"). In such cases, users shall use the Service and External Services at their own responsibility and expense after agreeing to the terms of use of the External Services. The Company makes no warranty whatsoever regarding the completeness, accuracy, effectiveness, etc. of the content of External Services.
3. Even if users suffer damages by failing to change registered information, the Company shall not be liable in any way.
4. Users shall use the Service within the scope of laws and regulations. Even if users violate Japanese or foreign laws and regulations in connection with the use of the Service, the Company shall not be liable in any way.
5. The Company does not guarantee that the Service will be free from interruptions, suspensions, or other obstacles. In addition, the Company may suspend or change the Service without notifying users for maintenance or other reasons, but the Company shall not be liable in any way in such cases.
6. Even if User Information is stolen through unexpected acts such as unauthorized access, the Company shall not be liable in any way for damages to users resulting therefrom.
7. The Company shall not be liable in any way if non-performance of all or part of the Agreement occurs due to force majeure such as natural disasters, fires, strikes, trade stoppages, wars, civil wars, epidemics, or other force majeure.
8. Even if users have trouble (whether inside or outside the Service) with product manufacturers or other users in connection with the use of the Service, the Company shall not be liable in any way, and such troubles shall be resolved by the relevant users at their own expense and burden.

15. Liability for Damages

1. Users shall compensate the Company for damages incurred by the Company (including lost profits and attorney's fees) if they cause damage to the Company in connection with a violation of these Terms or use of the Service.
2. Notwithstanding other provisions of these Terms except for the following paragraph, if the Company causes damage to users due to reasons attributable to the Company, the Company shall be liable to compensate for such damages only to the extent set forth in the following items:
   1. In case of intent or gross negligence of the Company: The full amount of such damages
   2. In case of slight negligence of the Company: Within the scope of actual and direct ordinary damages (excluding special damages, lost profits, indirect damages, and attorney's fees), and up to the total amount of product payments paid by users to the Company at the time such damages occurred

16. Discontinuation of Service

1. The Company may discontinue provision of the Service if the Company reasonably determines that provision of the Service should be discontinued.
2. In the case of the preceding paragraph, the Company shall not be liable in any way except when the Company has intent or gross negligence.

17. Confidentiality

1. Users shall not disclose or leak confidential information disclosed by the Company in connection with provision of the Service to third parties, or use it for purposes other than use of the Service. Confidential information means technical, business, or management information of the other party disclosed in connection with introduction of the Service, regardless of whether it is in the form of documents, electromagnetic data, oral communication, or other forms, and regardless of whether there is an indication or specification of confidentiality or specification of its scope.
2. The following information shall not be deemed confidential information:
   1. Information already possessed at the time of disclosure
   2. Information that was already publicly known at the time of disclosure or information that became publicly known thereafter due to reasons not attributable to the receiving party
   3. Information legally acquired from a third party after disclosure
   4. Information independently developed or created without relying on disclosed confidential information
3. Notwithstanding Paragraph 1, users may disclose confidential information after notifying the Company in advance to that effect if they are obligated to disclose confidential information by laws and regulations, financial instruments exchange rules, or orders of administrative agencies or courts.
4. When the Agreement terminates due to termination of the Service, cancellation of the Agreement, or other reasons, users shall promptly return or destroy confidential information in accordance with the Company's instructions. In destruction, methods shall be taken that make it impossible to reuse confidential information.

18. Exclusion of Anti-Social Forces

1. Users represent that they do not currently fall under organized crime groups, members of organized crime groups, persons who have not passed 5 years since ceasing to be members of organized crime groups, associate members of organized crime groups, companies related to organized crime groups, corporate racketeers, groups engaging in criminal activities under the pretext of conducting social campaigns, crime groups specialized in intellectual crimes, or other equivalent persons (hereinafter referred to as "Organized Crime Group Members, etc."), and that they do not fall under any of the following items, and guarantee that they will not fall under any of them in the future:
   1. Having a relationship in which Organized Crime Group Members, etc. are recognized as controlling management
   2. Having a relationship in which Organized Crime Group Members, etc. are recognized as substantially involved in management
   3. Having a relationship in which Organized Crime Group Members, etc. are recognized as being unjustly utilized for the purpose of pursuing unjust profits for oneself, one's company, or a third party, or for the purpose of causing damage to a third party
   4. Having a relationship in which involvement such as providing funds or offering conveniences to Organized Crime Group Members, etc. is recognized
   5. Officers or persons substantially involved in management having relationships with Organized Crime Group Members, etc. that should be socially condemned
2. Users pledge not to engage in any of the following acts by themselves or by using third parties:
   1. Violent demands
   2. Unreasonable demands beyond legal responsibilities
   3. Using threatening language or behavior or using violence in connection with transactions
   4. Spreading rumors, using fraudulent means, or using force to damage the other party's credit or interfere with the other party's business
   5. Other acts equivalent to the preceding items
3. If it becomes clear that a user falls under Organized Crime Group Members, etc. or any of the items of Paragraph 1, or engages in any of the acts set forth in the items of the preceding paragraph, or makes false declarations regarding representations and warranties based on the provisions of Paragraph 1, the Company may terminate the Agreement without making any demand to the user, regardless of whether there are reasons attributable to the Company.
4. The Company confirms that it has no responsibility whatsoever to compensate for damages even if damages arise to users by termination of the Agreement pursuant to the preceding paragraph, and users consent to this.

19. Communication and Notice

Inquiries regarding the Service and other communications or notices from users to the Company, and notices regarding changes to these Terms and other communications or notices from the Company to users, shall be made by email or other methods prescribed by the Company. Notices shall become effective upon transmission by the Company.

20. Transfer of Position

Users and the Company may not transfer, assign, create security interests in, or otherwise dispose of their position under the Agreement or rights or obligations under these Terms in whole or in part to third parties without the prior written consent of the other party. However, this shall not apply to stock transfers, business transfers, mergers, company splits, or other corporate reorganizations.

21. Handling of Personal Information

Personal information in the Service shall be handled in accordance with the "Privacy Policy" established by the Company.

22. Severability

Even if all or part of any provision of these Terms becomes invalid or illegal, such invalidity or illegality shall not in any way affect other provisions of these Terms or their interpretation and application, and shall not impair their legality and validity or invalidate them.

23. Term of Agreement

The term of the Agreement shall be from the time the Agreement is established until the user withdraws. The provisions of Article 11 (Intellectual Property Rights, etc.), Article 13 (Termination) Paragraph 3, Articles 14 (Non-Warranty and Disclaimer) through Article 16 (Discontinuation of Service), Article 18 (Exclusion of Anti-Social Forces) Paragraphs 3 and 4, Article 20 (Transfer of Position), and Articles 22 (Severability) through 27 (Other) shall remain in effect even after termination of the Agreement.

24. Changes to Terms

1. The Company may change these Terms at any time based on the provisions of Article 548-4 of the Civil Code if any of the following items apply. After these Terms have been changed, the changed Terms shall apply to the Agreement:
   1. When changes to these Terms conform to the general interests of users
   2. When changes to these Terms do not contradict the purpose for which the contract was made, and are reasonable in light of the necessity of changes, the reasonableness of the content after changes, and other circumstances related to the changes
2. When making changes to these Terms, the Company shall determine the effective date of the changed Terms, and notify users of the content of the changed Terms and the effective date at least 2 weeks prior to the effective date through notice to users, display on the Service, or other methods prescribed by the Company.
3. Notwithstanding the preceding two paragraphs, if users use the Service after public notice of changes to these Terms pursuant to the preceding paragraph, or if users do not undertake cancellation procedures within the period prescribed by the Company, such users shall be deemed to have agreed to the changes to these Terms.

25. Governing Law

These Terms shall be governed by the laws and regulations of Japan.

26. Agreed Jurisdiction

All litigation between users and the Company shall be under the exclusive agreed jurisdiction of the Tokyo District Court as the court of first instance.

27. Other

1. If the Company separately establishes details regarding matters not stipulated in these Terms, users shall comply with them. In such cases, such details shall form an integral part of these Terms.
2. Details shall become effective from the time they are posted in the location prescribed by the Company.
3. If there is any conflict or inconsistency between details and the content of these Terms, these Terms shall prevail.