This website (referred to as https://sumally.com, and “Site”) is operated by Sumally Inc. (referred to as “The Company”). These terms of use (hereinafter referred to as the “Terms of Service”) sets forth the terms and conditions of service our company provides (referred to as the “Service”). To use this service, visitors shall agree to our terms. It is assumed by using this service, you agree to the contents of these terms and conditions.

Article 1 “Definition”

Significance of the terms used in these “Terms and Conditions”, will be as set forth in the following:

“User” refers to those members that have registered to use this site
“Visitor” refers to those members that use this site regardless of the presence or absence of the membership registration.
“Product” refers to all products that appear on this site.
“Content” refers to all information of the visitors that is displayed such as profile, icon images, comments, reviews, product descriptions, images, and so forth.
“Post” refers to the act of uploading content on this site.
“E-mail address registered” refers to the information of e-mail address that you provided to us by the user for the purpose of receiving the offer of this service.
“Password” refers to a string of characters used to recognize the user correlating to the user's registered e-mail address, when using this service.
“Other Terms of Use” refers to what is described, regardless of the name, in the terms and conditions of this service.

Article 2 “Terms and Conditions”

On this site, the “Terms and Conditions” are set forth. These are written in “Terms of Use” and “Other Terms of Use”. (See Article 1-7).
If the stipulations in “Terms of Use” is different from “Other Terms of Use”, we prioritize “Other Terms of Use” over “Terms of Use” (this document).

Article 3 “Changes to Terms of Service”

“Terms and Conditions” may be changed for any reason at our discretion.
After changing “Terms of Service” on our site, these terms shall become effective, except when we specify otherwise.
If you intend to use this service, all of the modified “Terms of Use” shall be deemed accepted terms of agreement.

Article 4 “Handling of personal information”

Our company shall properly handle personal information as based on our “Privacy Policy”.

Article 5 “Communication Privacy”

Our company's privacy policy is based on (Act No. 86 1984) Article 4 of the Telecommunications Business Law, to protect the user's confidentiality of communications
Our company cannot be responsible in case of the following:
1. If a disposition or court order has been made compulsory based on provisions (Act No. 137,1999) related to the interception of communications for the purpose of criminal investigation or as specified by a court order, as per Article 4 of the “Code of Criminal Procedure” Act (Act No. 131 of 1948).
2. If disciplinary action is mandatory by law, within the range specified by penalties.
3. If it is determined that requirements are met, disclosure under claim (Act.137, 2001) Article 4 of the “Caller Information and Limitation of Liability for Damages” Act.
4. If we have determined that it is necessary for the protection of the body or property, including someone else's life.

Article 6 “Joining”

Those who wish to use this service, agree to the “Terms and Conditions” and the method prescribed by our company, shall make an application for admission.
A person who has made an application for membership (Referred to as “an application for admission” below), will be the user at the time that we have accepted the request of admission.
Our company sends visitors information about new services, advertisements and operational information and so forth. However, if the visitor does not want these updates and if the visitor informs us in advance, we will stop providing the visitor with this information.

Article 7 “Non-compliance of application for admission”

If applicable to any of the following items, based on our discretion, membership and the applicant's admission to our site may not be granted.

If an application has applied for admission regardless of the method of the preceding Article in Paragraph 1.
If you are a person who has been subjected to a penalty due to forced membership withdrawal because you have violated the “Terms of Service”, or other such terms and conditions in the past.
If deemed inappropriate.

Article 8 “Unsubscribing”

If the user wishes to unsubscribe, the user can request withdrawal.
In the case of an act by the visitor listed in any of the following items, we reserve the right to refuse participation in this service and force the visitor to unsubscribe.
1. If it is found that you have made an application for admission regardless of the method of paragraph 1 from Article 6.
2. If you violate the “Terms of Use” or any other terms and conditions.
3. If deemed inappropriate.

Article 9 “Handling of registration e-mail address and password”

The user must register their e-mail address belonging to the user, which they are able to use. If the e-mail address does not belong to the user, the user must change the e-mail address to an e-mail address which belongs to the user and which they are able to use.
The user shall have full responsibility for the registration of e-mail address and password and the prevention of unauthorized use of their e-mail address and password.
We are not liable if the user's e-mail address and/or password have been utilized by a third party.

Article 10 “Personal visitor setup”

When using the site, it is the visitor's responsibility to connect to the internet with proper equipment and software at their own expense.
The visitor shall take action to prevent the spread of computer viruses, and take security measures such as the prevention of information leakage and unauthorized access.
We are not responsible and have no involvement in the visitor's setup (hardware, sofware and/or peripherals etc).

Article 11 “Responsibility of the Visitor”

You are solely and fully responsible for any resulting act arising during usage of this service.
You are solely responsible for the content that you as visitor submits while using this service. We do not take any responsibility for any content that you post through or on our service.
The visitor is aware that there is no obligation to save any content submitted using this service and the viwer takes necessary action to backup contents from time to time.

Article 12 “Visitor Content Guarantees”

The visitor is responsible to upload/add contents, that do not break copyright laws for third parties, trademarked items, and/or copyrighted properties, and it is the visitor’s responsibility to follow the moral rights, privacy, honor and personal rights of third parties. The visitor must make sure whether or not content is copyrighted before adding content. We assume the visitor follows this procedure to receive the right to post content. Please make sure to follow copyright laws when posting a third party's work.
In the event of any dispute that occurs between the visitor and a third party, it is assumed the visitor's responsibility and at the visitor's expense, to solve the problem in such a way that does not cause damage or nuisance of any kind to us.

Article 13 “Prohibited Acts”

The visitor shall not perform and/or contribute to the following acts:

Any action that could violate, or infringe on the intellectual property and/or rights of others etc.
Acts that may violate or infringe on our rights or other's property, privacy and/or copyright.
Acts of discrimination, slander, and acts which damage the reputation or credibility of others.
Acts of harassment, to us and/or others in any way.
The act of using this service to falsely impersonate or falsely claim being a person other than yourself, or falsely claim to have the authority of or affiliation with an agency representative.
Obscenity, child pornography, child abuse and any other violent, graphic or harmful content (hereinafter referred to as “harmful content, etc.”) such as the following:
1. Posting harmful content including those described above.
2. Selling media which include harmful contents.
3. Transmitting, displaying and advertising the sale of harmful contents.
Posting or sending the following content to other visitors:
1. Content which solicits or advertises for commercial purposes.
2. Content which solicits for the purpose of a “pyramid scheme”, chain mail, MLM (Multi-Levels Marketing), and others including PTR (paid to read email).
3. Posting content on our site (including the act of simply linking) to spread harmful computer programs including adult sites, one-click fraud, and viruses deemed inappropriate etc.
4. Content which may be perceived as grotesque, or content including images which cause discomfort to others.
5. Other content deemed inappropriate by our company.
Sending to others, or posting the following contents:
1. Contents which slander objects and/or persons such as direct products and distributors including clerks etc.
2. Name, address, place of employment, phone number and other contents that can identify an individual. This includes content that can identify an individual by matching other online content to our site contents.
3. Contents which are not related to the item/s being reviewed.
4. False content or content which is difficult to verify.
5. Content including reporting trouble with a product or claims against the item being reviewed.
6. Content deemed inappropriate.
Spamming including the following:
1. Posting spam, spam mail, sending spam to a visitor or multiple visitors, mailing spam messages.
2. More than one visitor is human or a spam word, multiple words dilute the ore-related or unrelated to the relevant sections of the act to post a large amount of words or sentences or very long.
3. Posting multiple words which do not relate to the subject, or extremely long sentences or lots of words.
4. Any other acts determined to be spam.
The act of erasing and rewriting information that was illegally stored on our site or servers.
The act of sending or publishing computer programs such as viruses and other harmful programs.
Acts which harm our company or other servers, which affect operations or our network system.
Knowingly adding links to support acts as described above.
Impersonating our company.
Impersonating our company through reproducing personal communication from our company.
Carrying out acts which break laws and regulations, terms and conditions, violation the rights of others and/or any acts we determine to violate our and others' rights.
Any other actions deemed inappropriate by our company.

Article 14 “Response to violations”

If it is found that a violation of the “Terms of Use” and other terms and conditions has occurred, we may take the following measures for the visitor in question, if deemed necessary. However, we do not assume liability for doing so.
1. To stop any action that violates the “Terms of Use” or “Terms and Conditions”. To ensure that similar acts will not be repeated.
2. To seek voluntary correction of the content by the visitor.
3. Delete the content in whole or in part, and/or change the content so that it is not publicly visible.
4. Disclosure of the violation (including reporting to the police and other public institutions when it applies to criminal cases).
5. To stop usage of this service temporarily.
6. Forced withdrawal.
We are not responsible if the visitor experiences disadvantage or damage due to the measures set forth in the preceding paragraph.
Visitors cannot raise an objection to any acts taken after a visitor violates the “Terms of Service” or any other such terms and conditions set forth by our company.
Regardless of whether the measures taken by our company, if the visitor carries out damage, our company will be able to claim damages for that visitor.

Article 15 “Permission to remove content”

Regardless of whether the content is illegal or not, or whether you violate our “Terms of Use” or not, we may remove or change a part or its entirety, in the following cases. We do not assume liability for doing so.
1. If contents depict people, whether real or not (including animated cartoon characters) shown nude (lacking all or part of their clothing)
2. Public agency or expert, country, local group, telecommunications service, ( guideline.....)
3. If the company receives a request from another visitor who has declared the contents as infringing on their rights.
4. If we find duplicated content or product images (which overlap with other content submitted by other visitor).
We do not assume any responsibility for any damage caused by the deletion of content as described in the preceding paragraph.

Article 16 “Our right to review”

In the following cases: we may review content, save content to show a third party, (Hereinafter referred to as “review” in this section) however, we are not obligated to review content.
In case our company asks the visitor who posted the content for their consent to review the content, in one of the following cases:
When the visitor has agreed to the review.
When we send a request to consent to review, and the user does not reply within 5 days to refuse via email to our mail server.
To understand the cause of technical failure.
If you receive a formal inquiry based on laws and regulations from a public institution such as a court or police agency.
If it is determined that there is a need to check the contents due to the terms and conditions being violated.
If our company has determined there is an urgent need due to imminent danger to life, body and/or property.
If applicable to the matters listed in Article 5 paragraph 2.
If it is necessary to properly operate another site.
We do not assume any responsibility for any damage caused by reviews as outlined in the preceding paragraph.

Article 17 “Change of service”

At any time for any reason this service may be added, suspended or ended (referred to as “change” in this section below.) We do not assume any responsibility for any damage caused due to change of this service.

Article 18 “Copyright and other related rights”

The copyright of the contents of this site and other rights, belong to our company, or the creator who has created the contents. The site programming belongs to our company. In case visitors reproduce any content without permission such as copying, displaying, publicly transmitting, distributing, transferring, renting, translating, adapting, or indirect usage is considered violation of copyright.
When a visitor posts content to the site from a third party, it is assumed the visitor has received permission.
Visitors need to agree in case this company or a third party who has permission from our company, wants to change contents including modifications, such as resizing and cutting. Not only in the case of what is written here, but also in case our company or a third party who has permission to reuse content from our company, visitors shall not exercise the moral right of an author as written in the Copyright Act. (The right to make a work public, the right to determine the indication of an author's name and the right to maintain integrity). Although we will use the content with extreme caution, in the event that the above modification has compromised a visitor's honor or reputation, please contact us.
If our company or a third party who received permission to reuse content, there is no area restrictions and there are no obligation in terms of the copyright notice, license period and the period of usage of the visitor's copyright or other content rights.
This “Terms of Use” does not guarantee visitors the permission to use content.

Article 19 “Immunity”

We do not guarantee legality, morality, reliability, accuracy and other content with respect to the contents. We are not responsible for content that is submitted by the visitor. Furthermore, visitors must meet the rules and regulations of corporations or organizations. Please use your judgement.
Our company is under no obligation to monitor the contents submitted by the visitor, nor to save it.
We are not responsible for damages arising from content posted (including computer virus infection, and/or damage due to visitor-created content).
We do not participate in nor are we responsible for communication and activities of the visitor, even if there is a dispute between visitors. Disputes shall be settled between visitors.
We do not have responsibility in the case of over accessing our site, or other reasons causing a slowing down of internet speed and any other unexpected factors which slow down a visitor's access or cause a visitor trouble.
We are not responsible for any damages caused by additions, changes, interruptions, or termination of this service.
We only assume responsibility for damages if the visitor experiences damages incurred directly and in reality, based on tort or breach of our obligations. This and/or other “Terms of Use”, correspond consumer contracts (Act 61, 2000. Paragraph 3 of Article 2 of the “Consumer Contract Terms and Conditions Act”). We will not be liable (including cases of foreseen, predicted damage) for any other damage arising from special circumstances.

However, if there is intent or gross negligence on the part of our company, the above does not hold.

Article 20 “Potential separation”

If a part of “Terms of Use” and/or “ Other Terms and Conditions” is deemed as invalid, the rest of our terms are still effective.
If terms of use and other terms and conditions become null and void in relation to the visitor Or even if it was canceled, our “Terms and Conditions” in relation to the other visitor is valid.

Article 21 “Governing Law and jurisdiction”

The “Terms of Use” follows Japanese law.
In case there is a need for litigation between a visitor and our company, it is agreed to use the Tokyo District Court.

“Terms of Service”, has come into effect on September 1, 2011.
Last updated February 24, 2016.