- Users must also abide by any special terms (hereafter referred to as “Separate Regulations”) CLEARNOTE decides to implement. In case that these Terms and Separate Regulations come into conflict, Separate Regulations will take precedence.
- The Service may include contents and services provided by CLEARNOTE partners who will be considered liable for the mentioned contents and services. Usage of any contents, services and links provided by CLEARNOTE partners will be considered as implied consent to the terms and conditions by respective providers.
2. Email Use
CLEARNOTE reserves the right to send notices related to the management of the Service, advertisements, or messages as part of the function of the Service to users’ registered email addresses.
3. Usage Warning
- Providing user information to use the Service (hereafter referred to as “Registration Information” - which includes email addresses, passwords, etc.) is voluntary and as such is considered to be the User’s personal responsibility to manage User’s own Registration Information.
- Users should take the following measures to protect their accounts from unauthorized use by a third party:
- Not using a password that can be guessed easily by a third party
- Not sharing account password with a third party
- Ensure logging out from account before closing internet browser when accessing the Service on a shared computer or mobile device used by multiple individuals
- Turning off “Stay Signed-In” feature (which allows you to login without inputting your email and password) when using the Service on a shared computer or mobile device used by multiple individuals
- CLEARNOTE assumes any access to the Service using User’s registered password is the User who carried out the registration themselves, and any incident that might occur while logged in is solely the concerned User’s responsibility.
- In case that User account is compromised and used illegally to cause damages to CLEARNOTE or a third party, compensation for said damages may be sought from CLEARNOTE or the third party concerned.
- Users are responsible for managing their own Registration Information; CLEARNOTE will not be held responsible for any damages or problems caused by giving inaccurate or false information.
- Users that are within the required age group, satisfy the required system environment and other conditions specified by CLEARNOTE may use the Service.
- Users are responsible for the setup and maintenance of their own smart devices, transmission devices, operating systems, software, internet connections, etc. that are required to use the Service. Transmission and internet connection fees that occur during usage of the Service are solely the User’s responsibility.
- The Service is for User’s personal use only and may not be used with purposes other than personal i.e. not for resale, streaming, distribution or other commercial uses.
- Users agree that the Service can show advertisements by commercial third parties.
4. About Paid Services
- A usage fee is required to access Clearnote’s paid services. Users must follow these terms of service when using paid services.
- Usage fees and payment methods are determined by CLEARNOTE.
- Starting and terminating use of paid services shall be done by Users themselves in accordance with the instructions given on the Service. Users that are minors are required to obtain a parent or legal guardian’s agreement for each paid item before making any purchases and beginning usage of paid services.
- In case of network connection trouble, server problems, natural disasters, and other unavoidable situations that cause temporary loss of paid services, usage fees will not be refunded.
- CLEARNOTE rewards points to Users authoring “Premium Notes” (hereafter referred to as “Certified Authors”). Point reward calculations and detailed conditions will be described separately on “Certified Author Terms”. See here for more.
- Whether possessing User Credentials or not, usage fees for any paid service already received will not be refunded except when required by laws and regulations. Usage fees cannot also be refunded upon canceling purchases or subscriptions.
- CLEARNOTE may, after providing advance notice, revise the content of paid services, usage fees, payment methods, point usage rules, etc. In case of unavoidable circumstances, these may be revised without prior notice.
- For business or other reasons, CLEARNOTE may discontinue paid services. In the case that a paid service is terminated, CLEARNOTE will give an advance notice period in consideration of the impact on Users and the respective service will be terminated at the end of the notice period.
5. Personal Information
6. User Contents
- Users of the Service may only upload and edit texts, pictures, videos and other media that they have the intellectual property rights to, or that they have received permission from the copyright owner to do so.
- All rights and intellectual ownership related to user contents posted, edited by User using the Service belong to the respective User. Posting user contents and making them viewable by public through the use of the Service (hereafter referred to as “Public User Contents”) implies that User agrees to grant without cost, unlimited and region-free, the rights for CLEARNOTE to use, host, distribute, copy, create derivative works of, etc. for the purposes of providing services, advertisements and promotions on the Service and any other related services as required (including use on analytics and analytics results). Furthermore, the respective rights above shall be made grantable again to CLEARNOTE and its third-party partners.
- On the basis of the previous item, User agrees to grant without cost, unlimited and region-free, the rights to other Users to perform the act of, on any feature implemented on services by CLEARNOTE or its partners that might include posting (or publicly posting) after making alterations to Public User Contents.
7. CLEARNOTE Contents
- Copyrights, other related rights and any other intellectual property to all information related to the Service and contents provided by CLEARNOTE to Users (hereafter referred to as “Service Contents” - which includes Public User Contents) belong to CLEARNOTE and their respective owners who granted CLEARNOTE the required usage rights.
- CLEARNOTE grants Users non-transferrable, non-exclusive rights to use Service Contents on the Service. Users may not duplicate, transfer any rights, loan, translate, modify, repost, host, re-upload, distribute, bring to publication, etc. Service Contents beyond what is planned and permitted by CLEARNOTE.
- User agrees to abide by any special terms of service (e.g. usage fees, usage period, etc.) when using Service contents that terms are outlined separately from these Terms. Any reference to "Get", "Buy", or "Purchase" on the Service is limited in its usage on the Service only; Property rights, intellectual ownership and other rights to Service Contents provided to Users by CLEARNOTE are non-transferable to Users.
8. User Registration Refusal
CLEARNOTE may refuse a user registration if one or more of the following reasons are applicable:
- In the case that registration information is seen as for the purpose of impersonating CLEARNOTE or a third party.
- In the case that registration information includes hate speech or inflammatory rhetoric to a third party.
- Aside from above, any case where registration information is deemed inappropriate by CLEARNOTE.
9. Prohibited Conduct
The Service prohibits, whether intentional or unintentional, behaviors that might fall into one of the following items (all of the following includes when submitting questions, giving responses, posting answers, rating responses, online lessons, chat, etc). If violations were to be found, the offending content may be removed, concerned User may be suspended from using the Service, and all related User Credentials may be revoked at any time without prior notice. In such a case, any enquiries and questions with regards to the measures taken will be ignored. Regardless of any reason User might not be able to view any notice and warning messages from CLEARNOTE, User understands that measures will still be taken promptly in accordance with these Terms.
- Antisocial Behavior
- Behavior that violates the laws or moral norms
- Behavior that is criminal, or announcing, participating in, or promoting such behavior
- Publishing articles that are false or encourage misunderstanding, or registering false information
- Actions that exceed normal use and cause a burden to the servers, actions that promote such behavior, actions that cause problems for the management/sponsors and other Users of the Service, or actions that make it difficult for said Users to use the Service
- Actions that violate a third party’s industry property rights (patent rights, trademarks, etc), copyrights, industry trade secrets, or intellectual property rights, etc.
- Actions that violate a third party’s trust, honor, right to privacy and right to likeness. On such occasions, questions confirming whether a user is a third party from their user ID, nickname, real name, or links to the user will not be asked, regardless if the third party is a private individual, corporation or public figure.
- Speech that is liable to glorify, induce, or promote suicide, self-harm or drugs, as well as reprinting material with such content
- Stalking or other behavior that may cause a third party to feel unsafe, whether said behavior is legal or not
- Discrimination or expressions of ethnic discrimination, racism, sexism, ageism, etc.
- Obscene, violent content/language or any action with the purpose of meeting another User
- Whether censored or not, obscured with blur/pixelation or not, work of an art or not, including depictions of undergarments, revealing and suggestive contents, nudity, depictions of the chest, the rear, genitals, etc. - any images, videos, illustrations, paintings that are deemed as obscene, words that reference sexual acts and genitals, any other inappropriate expressions
- Violent and grotesque depictions, words, images and any forms of expression in contents that may cause other users to feel extreme discomfort
- Posting any contents that reference sexual acts or suggest such acts
- Linking to adult sites
- Linking to sites that are involved in child prostitution, pornography and related to downloading uncensored adult videos
- Posting questions, answers or using any features included in the Service to showcase adult-related products
- Expressing intention to meet a member of the opposite sex and any other acts that lead to such outcome as a main motive
- Any other contents that might impact negatively on the development and growth of minors
- Business & Marketing Purposes
- Posting information, regardless of whether for profit or non-profit, on the sale or exchange of items or services (including advertisements, announcements, business invitations) as well as sending messages that include such contents (with exceptions of articles that have been approved by CLEARNOTE). This includes free seminars that are held for the purpose of or include the selling of products and services, and signing contracts.
- User actions that use all or part of services provided by CLEARNOTE for commercial purposes such as usage, reproduction, duplication, copying, sale, resale or any other methods. (Exceptions for cases that have been approved by CLEARNOTE)
- Duplicating, selling, publishing, publicly hosting or with any other methods using the data obtained through the use of the Service for any purpose other than personal, or, actions that lead other User or a third party to do so.
- Multiple submissions of duplicate questions, responses, answers and chat messages with purpose of declarations, announcements, business invitations, etc. (i.e. duplicate posts, spams, chain letters, etc.)
- Posting or submitting contents of the following nature:
- Pyramid scheme, chain letters, multi-level marketing (MLM), pay to surf (PTS), etc. that try to solicit a third party into joining a certain organization
- Affiliate sites, invitation codes, etc. that of the purpose of gaining benefits for the original poster by leading new users to such sites (with exceptions of articles that have been approved by CLEARNOTE)
- Merchandising contents
- Whether for profit or non-profit, all contents containing medical advice or similar such as the use of drugs and medications, spirituality, gemstones, counseling, fortune-telling, etc. (with exceptions of articles that have been approved by CLEARNOTE)
- Collecting and storing other Users’ personal information, and behaviors with the intention of doing such
- Posting Personal Information
- Person whose identity is concerned, regardless of their relationship status with the third party, agrees not to post personal information such as email address, phone number, number plate, bank account information, home address or any information that can be used to identify an individual. *We ask for your cooperation to prevent identity thefts and the use of the Service for any purpose other than intended i.e. using the Service as a dating app in particular.
- Purposefully posting false information (including personal information such as name, birthdate, email address, home address, etc.) or registering false information to impersonate a third party, or, regardless of whether permission has been obtained from a third party whose identity is concerned, information other than one’s own must not be entered as registration information (such as email address and password) for the purpose of using the Service.
- Indiscriminately posting questions, requesting online lessons
- Political and religious activities (with exceptions of cases that have been approved by CLEARNOTE)
- Re-registering into the Service by Users previously suspended due to violations to these Terms
- Inviting a User previously suspended due to violations to these Terms back into the Service whether on purpose or by accident
- Sending invitations to strangers especially resending invitations received from external media such as blogs and bulletin boards
- Passing personal account invites to a third party, passing and letting a third party use one’s own User Credentials
- Multiple people using the same account
- One person accessing multiple accounts
- Transferring usage rights in ways that are not approved by CLEARNOTE
- Trading money or property through this service, as well as advertising, promoting, or inviting others to do so
- Inducing others to visit a site by indiscriminately leaving access histories
- Other contents that are deemed inappropriate by CLEARNOTE
10. Ending Usage of Service
- Users can end usage of service at any time following the steps determined by CLEARNOTE.
- On the basis of the previous two items, Users agree to automatically lose any rights to use the Service by ending usage of service, thereby losing access to User Contents and any information accumulated throughout the usage of the Service.
- CLEARNOTE reserves the right to remove, even after ending usage of service, User Contents posted/provided by Users whenever appropriate.
- In case of a User’s demise, any rights and user credentials of the deceased to access the Service cannot be passed onto another individual.
11. Disclaimers and Responsibilities
Users can access the Service after agreeing to the following statements on CLEARNOTE’s disclaimers and responsibilities.
- CLEARNOTE may change, stop, or close the Service at any time without informing Users. CLEARNOTE takes no responsibility for any problems caused to Users by changing, stopping, or closing the Service, whether said actions were required or not. The same applies for any limited time services that CLEARNOTE previously released and has since expired.
- Users may only ask for restitution if (1) User used the Service, or was unable to use the Service (2) User account was illegally accessed or changed (3) User was subject to another User's speech or transmission (4) User was impersonated by a third party (5) User received damages through the Service or by some other cause related to the Service. In addition, except when there is willful or gross negligence by CLEARNOTE, damages are subject to (i) damages taken in real life due to CLEARNOTE, in which case the payment will be within the normal range (ii) the cumulative amount of damages CLEARNOTE is to compensate to the user, and amount of money that CLEARNOTE has received from the user in the context of the present service is to be the upper limit.
- If a dispute arises between Users, the responsibility to solve the dispute lies with the Users; if any harm is caused to CLEARNOTE, a User or a third party, restitution will come from the User.
- If a dispute arises between a User and a third party, the responsibility to solve the dispute lies with the User and the third party; if any harm is caused to CLEARNOTE, a User or a third party, restitution will come from the User.
- If CLEARNOTE is a subject to a claim or demand by a third party copyright owner due to User’s infringement, the User must bear any fees involved (including CLEARNOTE’s legal fees.)
12. Dispute Resolutions
- Should a dispute arise between CLEARNOTE and a User, the Tokyo District Court shall have exclusive jurisdiction.
- Should a dispute arise between CLEARNOTE and a User, Japanese law shall take precedence.