TERMS OF USE are ordinally written in Japanese. Please read the ordinal here.

TRANSLASTION of "TERMS OF USE"

These terms of use govern the relationship between METABIRDS Co., Ltd. (hereinafter “our Company”) and the users of our service, "metabirds"(hereinafter “Service”). These terms of use apply to all relationships arising from the use of this Service.

-Article 1 (Definitions)
The following are the definitions used in these terms of use.
The Service: Services in general provided by Metabirds Co., Ltd. on its website, metabirds.net, metabirds.com, slmame.com, metaverse.jp, original domains connected to metabirds service, virtual worlds, and other internet servicies.
The User: Individuals, organizations and corporations that have registered for, and are using, the Service.
content, contents : All data which is saved, created, viewed, published, or automatically created, by using The Service.

-Article 2 (User registration)
The term “User” refers to those who have registered as users of the Service in accordance with the stipulations of our Company and to whom our Company has issued an ID (hereinafter “ID”).
No minor can register as a User without the consent of their parents. (The registration of any user discovered to be a minor without parental consent will become invalid.)

-Article 3 (Fee)
The fees for using the Service are set forth below.
Fee for using the Service: Free (not all)
Fee for using certain additional services: Not free (described in our separate Service Brochure and Plan Brochure)

Our Company may change the fees without advance notice. If and when such changes occur, our Company will notify Users via our website for the Service and additional services.
Our Company will not assume any responsibility for payment of refunds regardless of the reason, unless stipulated by law.

-Article 4 (Responsibilities and due care)
Our Company provides the Service “as-is” and we do not guarantee that it will be free from defects and bugs. Users utilize the Service on their own responsibility and assume all responsibility for any related content saved, published by them . In addition, the User indemnifies our Company from all responsibilities, containing responsiilities relating to damage and liabilities arising from failures or defects in the Service, and damage and liabilities arising from conflicts and damage claims caused by the User’s use of works belonging to other users or third parties. Further, the User agrees to manage and save backups of the ID, password, and data necessary for using the Service on his or her own responsibility, and discharges our Company from all responsibilities relating to damage and liabilities arising from complaints, conflicts and damage claims caused by loss of data or theft by third parties.

-Article 5 (Prohibited acts)
Users are prohibited from the following acts when using the Service. If the User commits these prohibited acts, our Company may delete the relevant User’s contents and ban the future use of it without notice and without obtaining the User’s permission. However, exceptions may be made to the above in cases where our Company provides prior consent.
* Acts that violate these terms of use
* Acts that hamper the running of the Service
* Acts that violate statutes such as laws, regulations and ordinances
* Acts that are offensive to public order and morals
* Acts whereby the User impersonates another User, third parties, or our Company
* Acts that slander or tarnish the honor and social standing of another User, third parties, or our Company, or that offend or mentally harm these parties * Acts that infringe the intellectual property rights of another User, third parties, or our Company, or that encourage the infringement of their copyrights
* Collecting the personal information of another User or third party
* Providing information that is false or probably false
* Acts that may constitute child pornography or child abuse
* Publishing information that is or may be regarded as harmful to minors
* Posting information that violates or that may violate the program policies for third parties’ contents (such as Google Adsense) that are automatically inserted by our Company
* Acts that violate the connected services'(Twitter,Facebook,Second Life...) terms of use when it is used.
* Acts of improper access (including traffic generator software etc.)
* Acts that facilitate improper use of the Service or other services, or the act of indicating locations where such improper use is facilitated * Establishing blogs or publishing or saving contents that are totally unrelated to the internet activities.
* Acts that are solely intended for inviting users to other websites
* Posting copied blogs or copied contents
* Repeat creating user account or blog many times
* Publishing overly nonsensical content such as repeated sentences
* Repetitively publishing contents of the same content to portal website
* Establishing or promoting pyramid (Ponzi) schemes
* Acts that impose a significant burden on the server or the network
* Disclosing harmful computer viruses, codes, files, programs, etc., or the act of indicating locations where such programs are available
* Acts that facilitate improper use of the Service or other services, or the act of indicating locations where such improper use is facilitated * Acts that function against the intention of the Service by establishing blogs or publishing contents that contain many advertisements for third parties and links to other websites, and the act of posting articles for the same purpose
* Display blogs or contents with the intention of introducing and selling information traded on the Internet, to portal
* Using service, posting articles with content prohibited by the currently applicable plan, and displaying invalid plan for the user.
* Using the original template function or other function, to intentionally delete or hide banners, notices and, advertisements delivered on the User’s blog or contents by the Service
* Other acts regarded by our Company as inappropriate

-Article 6 (Management of User data)
Our Company will not insure saved contents such as text and other data constituting the blogs and contents and other information published by the User, regardless of whether the use of the Service is free or not. In addition, if the User has not used the Service for a certain period of time, our Company will be entitled to cancel or delete the User’s account with advance notice. The User will indemnify our Company against all responsibilities related to damages and liabilities arising from complaints, conflicts, and damage claims arising from loss of data saved in the Service or server downs.
Further, if concerns arise relating to violations of the terms of use, spamming, or security problems, or when information for settings is judged to be inappropriate, our Company will be entitled to change the settings for the disclosure of data related to content, comments, track-backs, etc. for blogs published by the User, and will be entitled to change the settings or cancel and delete the User’s account. The User will indemnify our Company against all responsibilities arising from damages and liabilities arising from complaints, conflicts, and damage claims caused by loss of data or server downs due to our Company’s changing the settings or canceling and deleting accounts for reasons described above.

-Article 7 (Discontinuation of the Service)
Our Company will be entitled to stop providing the Service or parts of thereof after giving notice to the User. Such notice will be posted on the Service’s website. In addition, when our Company stops providing the Service to the User, the User will indemnify our Company against damage, losses, other cost restitution or recompense arising from such discontinuation of the provision of the Service.

-Article 8 (Publication of contents)
The copyright of the blogs created by the User and their associated comments and trackbacks belongs to the User who created them. The copyright of the contents created by the User belongs to the User who created them. Our Company has the right to reproduce, reuse and summarize the blogs and contents created by the User and their associated content, and is entitled to prohibit the reuse of such content outside the Service via the systems of the Service.

-Article 9 (Revision of the terms of use)
Our Company will be entitled to change the terms of use due to reasons such as establishment, change, and abolition of laws and ordinances without the User’s consent. In such case, changes to the terms of use take effect when such changes are displayed in the Service’s website.

-Article 10 (Disclaimer)
Our Company accepts no liability for damage incurred by the User arising from the use of the Service. In addition, our Company accepts no liability for damage inflicted by the User on third parties arising from the use of the Service. The User will rectify any such damage inflicted on third parties, bearing all responsibility and expenses relating to such damage, and will not pass any damage onto our Company. Further, if the User is found to have violated the terms of use such as carrying out prohibited acts, our Company will assume no obligation to take any measures against such User, such as giving notification and warning, or barring such User from using the Service.

-Article 11 (Applicable law and jurisdiction)
These terms of use will be interpreted according to the laws of Japan, and the court having jurisdiction over the location of our Company will be the court of first instance having exclusive jurisdiction over conflicts between our Company and the User.

These terms of use come into effect on February 8, 2007.

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