Shutto is a service (hereinafter “Service”), with both free and paid versions, that uses systems operated by e-Agency Co. Ltd. (hereinafter “e-Agency”) to enable website owners or those individuals or entities (hereafter “User”) entrusted to manage websites to convert (edit) websites for viewing on smartphones.
The Terms of Service Agreement (hereinafter “Agreement”) for this service shall apply to information, text, illustrations, pictures and other data (hereinafter “Content”). Agreement to and compliance with the Agreement are preconditions for accessing and using the Service. By accessing and using the Service, you are agreeing to adhere to the Agreement. Service Users are responsible for the Content that they convert (edit) and any and all consequences that result from said converted Content. Content converted (edited) by the User of the Service will be displayed and available for other users to view or browse online. It is incumbent upon you to use this service in accordance with the stipulations of the Agreement.
The free version of this service may include advertisements. Advertisements can be displayed on websites and for users to target websites and the audiences for which the Content, information or other data on the Service is most relevant. The type and scale of advertisements available through this service is subject to change at any time. In return for the free use of the service, the User agrees that e-Agency and third-party providers and partners can display advertisements on User-converted (edited) Content.
The User alone shall be solely responsible for maintaining the security of as well as operations in which a password is needed, namely for accessing and using the Service. We strongly encourage the use of a highly secure password, one including uppercase and lowercase letters, numbers and symbols. e-Agency is not responsible for any losses or damages resulting from any failure by fulfill the above requirements.
The User takes responsibility for converted (edited Content) as responsibility lies fully with the creator of the Content. e-Agency cannot be responsible for monitoring or managing the Content converted (edited) via the Service. Neither can e-Agency be held responsible for said Content.
e-Agency in no way affirms, endorses, states or guarantees that any Content edited through the Service is complete, factual, accurate or dependable. Neither do any of the opinions or views expressed through the Service reflect those of e-Agency. e-Agency takes no responsibility for any mistakes or omissions in the Content, nor is e-Agency in any way responsible for any result of the use of the Content, or for any losses or damages resulting from the Content under any circumstances.
This service is to be used by the User in relation to the operation of the User’s own website or a website entrusted to the management of the User by the websites owner(s).
1. The usage stipulations of the Agreement as related to this Service are applicable to all facets of the relationship between e-Agency and the User.
2. The User accepts full responsibility for adhering to the stipulations of the Agreement, as well as the relevant laws and legislation as well as acceptable Internet etiquette in the creation and distribution of Content for the Service.
3. e-Agency can notify the User via email or through the Service homepage of changes to these terms of service.
1. e-Agency reserves the right to stop the User’s use of the Service without first contacting or notifying the User in the event that the User uses the Service to display any of the following information or Content:
(1) information that disrupts public order and or is morally objective such as adult content;
(2) information that libels or defames specific individuals or groups;
(3) information that appears likely to violate intellectual property rights;
(4) information that could potentially be economically detrimental such as by undermining economic stability or trust (including among others fraud, bucket shops for gambling or gaming and ponzi schemes);
(5) information that could potentially lead to antisocial or behavior detrimental to society;
(6) information that appears likely to defame or libel an individual;
(7) information that could be perceived as infringing on an individual’s human rights;
(8) information that appears likely to be an invasion of or contributing to an invasion of an individual’s privacy;
(9) and, other information that is deemed inappropriate by e-Agency, such as due to a criminal component.
2. When information prescribed in the preceding item is discovered, e-Agency can without prior notification to the User, delete from the server said User information and revoke or suspend provision of the Service to the User.
As a rule, in offering the paid version of the Service, e-Agency will operate the system supporting the paid version nonstop, 24 hours a day 365 days a year. This notwithstanding, eventualities such as system maintenance or repairs could result in system operations being temporarily suspended. In such cases, e-Agency will endeavor to the best of its ability to notify the Users of the paid version of the Service about the details of such suspensions of service. However, in the event of eventualities such as natural disasters, sudden unforeseeable incidents or accidents or other failures, e-Agency may not be able to inform users of the paid Service in advance and such notification may be skipped. In the event of an unforeseen eventuality such as those described above resulting in the temporary interruption or suspension of the Service, e-Agency shall be in no way responsible. System maintenance inquiries will be supported from 10 a.m. to 5 p.m. on weekdays.
1. The User may subscribe to the paid Service for a fee. For use of the paid Service, the User is to pay the usage fee as designated by e-Agency in the payment method designated by e-Agency.
2. In the event that the User cancels its subscription to the paid Service, subscription fees for the current contractual period are non-refundable.
1. Original written works created for website owners by the User to distribute are to be regarded as belonging to the author or creator of these works, as such the copyright or portrait right is to be regarded as belonging solely to its author or creator.
2. In the event that any infringement of rights takes place due to contractual obligations with third parties or in regard to third-party portrait rights or intangible property rights, including copyrights, such as by making public, reproducing, altering, adapting or translating a work that is prohibited from such acts thus resulting in a violation of the rights of the owner of said work, all such responsibility shall be attributable to the User.
1. In the event that in the use of the Service the User causes damages to a third party by displaying false information, then responsibility for the resolution of said issue, and all expenses necessary for this resolution are the responsibility of the User, which shall in no way cause damages to e-Agency.
2. e-Agency will only copy and use the data of the User when unavoidable for the purposes of maintaining the Service system, such as to transfer the system data or to address system problems. Liability for any failure that may occur at such times will be as stipulated in the following items of this article.
3. e-Agency will be in no way liable to the User in any way in the event of the following, unless the action was the direct result of gross negligence or willful misconduct on the part of e-Agency:
(1) modifications, interruption, suspension or decommissioning of the Service;
(2) the result of content displayed by the Service being delayed, not arriving, or being illegibly garbled, etc.;
(3) the loss, deletion, leak, alteration, etc. of data backed up and managed on e-Agency-designated servers;
(4) and, any and all damages resulting from user, secondary use or third-party use of the Service.
1．In the event of the failure of the User to perform in accordance with the stipulations of the Agreement, except in cases where the User is exempt from responsibility as stipulated in other articles of the Agreement, the User shall be responsible for compensating e-Agency for any damages incurred as a result of the User’s non-performance.
2．In the event that e-Agency fails to perform in accordance with the stipulations of the Agreement, through this failure on the part of e-Agency, e-Agency shall not be responsible for damages in excess of the contract value.
The minimum contract period for the paid version of the Service is one year. In the event that the User does not notify e-Agency in writing or by email within one month of the termination date of the contract, the contract will automatically be renewed for one year.
1. e-Agency reserves the right to terminate the Service at any point by giving notice of the cessation of the Service one month in advance in writing to the User.
2. In the event that any of the following conditions apply to the User, e-Agency can, without prior notification, immediately terminate provision of the Service to the User:
(1) if after the start of the Service it is discovered that data that is prohibited is found to be displayed by the User;
(2) if the User is delinquent in payment;
(3) if the regulatory authorities revoke the right to do business or suspend the business operations of the User or if the User is no longer able to disseminate data Content.
3. If the Agreement is terminated due to the conditions stipulated in the preceding item, then e-Agency is not responsible for refunding any Service subscription fees that have been paid.
4. If the Agreement is terminated based on this article, unless otherwise stipulated, the termination is to result in no damages owed by either e-Agency or the User.
1. The User is to promptly notify e-Agency when there is any change in enrollment Service content requirements.
2. In the event that the User fails to notify e-Agency in accordance with the above item, and as a result notifications or documentation dispatched by e-Agency arrives belatedly or does not arrive, it shall nonetheless be regarded to have arrived at the stipulated time.
Any and all claims or obligations that arise related to the Service are to be non-transferrable in the contractual capacity of the Agreement, except in instances where the counter party is in agreement.
In the case of a dispute arising regarding the Service or the Agreement, the Tokyo District Court shall have exclusive jurisdiction in the first instance.
The Service and the Agreement are to be governed and construed in accordance with the laws of Japan.
If in regard to the use of the Service, an issue arises that cannot be resolved under the Agreement or the guidance of e-Agency, then e-Agency and the User agree to engage in discussions in good faith toward the resolution of said issue.
November 21, 2011
e-Agency Co., Ltd.
