Terms of Use of Crayon

Article 1 Definitions

The definition of terms used in this “Terms of Use of Crayon” (hereinafter referred to as “The Terms of Use”) shall have the meaning prescribed in the next Paragraph.

1. 1. ”This Company” means Hands, Inc.
2. 2. ”This Service” means homepage creation service “Crayon” provided by This Company.
3. 3. ”User” means the user of This Service.
4. 4. ”Paid Plan” means the light plan and the pro plan of This Service.

Article 2 General Provisions

1. 1. The Terms of Use applies to the User.
2. 2. It is deemed that the User confirmed and accepted the contents of The Terms of Use.
3. 3. If the content of this agreement differs from other explanations, the provisions of The Terms of Use will take precedence.

Article 3 Conditions of the Use of This Service

1. 1. If the User falls under any of the followings, This Company may refuse the registration. In that case This Company is not obliged to disclose the reason.

• ・Registration information is false.
• ・The User has disqualified to use This Service for some reason in the past.
• ・The User is considered to be an antisocial force, its cooperator or the involved person.
• ・Other cases that This Company considers the User is improper as a User.

2. 2. If This Company is damaged due to the false registration information, the User shall be responsible for the damage.

Article 4 Prohibitions

The following acts are prohibited for the User in the use of This Service. This Company has the right to investigate facts related to the acts but it is not the obligation of This Company.

• ・Acts that violate laws applicable to the User or the third party in their residing area.
• ・Criminal acts, providing　information to encourage and assist them or sales of weapon.
• ・Acts of selling or providing regulated goods without license or qualification.
• ・Acts of selling or providing (including posting the information) drug used for stimulation, excitement and energetic strengthening (such as dangerous drug, law-evading herb and supplement) and related equipment even if it is out of regulations.
• ・Acts of induction to sites where illegal activities are conducted.
• ・Acts of posting information or dealing merchandise which is improper for the minors such as adult content.
• ・Acts of posting the information on prostitution or sexual service.
• ・Acts of violating the rights of third parties (such as infringement of privacy or copyright and defamation of character).
• ・Acts of giving disgust to third parties (such as posting slander, intimidation, grotesque information or discriminatory expression).
• ・Acts of solicitation and operation of an endless chain investment scheme (pyramid scheme), multilevel marketing transactions.
• ・Acts of disturbing the business management of This Company and the third party.
• ・Acts of conducting the same kind or similar business as This Company.
• ・Acts that may be penalized by search engine such as hidden text, list of keywords and many overlapping site.
• ・Acts of posting false information or causing misidentification.
• ・Acts of antisocial activity and its cooperating or involving acts.
• ・Acts deemed as inappropriate by This Company such as acts contrary to public order and morals and acts considered malicious.

Article 5 Cancellation of Registration

1. 1. This Company may cancel the use of This Service, delete the data of User and terminate the contract of This Service without giving prior notice when the User falls under any of the followings.

• ・This Company considers that the User violates prohibitions of This Terms of Use.
• ・This Company receives the caution or recommendation on the User by the administrative authority.
• ・The User cannot be contacted by This Company.
• ・This Company considers that the User does not use This Service.

2. 2. When the provision of this Article applied, the usage fee of This Service received by This Company shall not be refunded.
3. 3. This Company is not obliged to contact the User for the action taken under the provision of this Article.
4. 4. This Company shall not be liable for the damage of the User and the third party caused by the action taken under the provision of this Article.

Article 6 Term of Contract

1. 1. The contract shall be established upon the first login to the management screen of This Service.
2. 2. When the User applied for the termination of This Service according to the procedure specified by This Company, it is called cancellation application month and the contract is terminated at the end of that month. However, if the valid period remains, the contract shall continue up to the expiration day. The same shall apply to the case of the cancellation due to the violation of The Terms of Use.
3. 3. This Service will stop upon the acceptance of the cancellation application by This Company, but the contract will continue up to the end of the contract.
4. 4. This contract shall be renewed automatically until the cancellation procedure is taken by the User or This Company.
5. 5. If the fee of This Service is paid by Apple ID (App Store) or Google account (Google Play) and the automatic renewal of the payment for the fee of This Service is set, the charge of the service fee and the contract will continue despite the fact that the application of the cancellation is accepted and This Service is stopped. No refund is available for this case.

Article 7 Fee and Payment Method

1. 1. The fee of the paid service is specified on the website of This Service or in App.
2. 2. The service fee shall be paid by the method specified by This Company.
3. 3. The User shall be responsible for taxes and expenses such as charges for service accompanying the payment of This Service.
4. 4. When the payment from the new User of the paid plan is not verified by This Company within the period specified by This Company, This Company may nullify the application of the new User.
5. 5. When the payment from the continuous User of the paid plan is not verified within the period specified by This Company, This Company may consider that the User has no intention to continue the use of This Service and does not renew the contract of the User.
6. 6. This Company may stop the use of This Service by the user and delete the user data when This Company considers that the User has no intention to continue to use This Service. Even if the User and the third party is damaged by that stoppage and deletion, This Company shall not be liable for the damage.

Article 8 Change of Registration Contents

1. 1. The User who has the change on the registered information shall change the registration information immediately according to the method specified by This Company.
2. 2. This Company shall not be liable for the damage caused by the negligence of the change of the registered information.

Article 9 Management of ID/Password

1. 1. The User shall be responsible for the management of the ID and password used in This Service.
2. 2. The user is responsible for any result caused by the activity using ID and password of the User, This Company shall not be liable for it.
3. 3. In the event the User becomes unable to use This Service because he forgets ID and password, This Company shall not be obliged to provide the information. This Company shall not be liable for the damage caused by the above treatment.

Article 10 Cancellation

1. 1. The User may cancel This Service according to the cancellation procedure specified by This Company.
2. 2. This Service will stop upon the acceptance of cancellation application by This Company. This Company shall not be liable for the damage and trouble caused by the stoppage of This Service.
3. 3. This Company will not refund the received fee even if the valid period of paid plan remains at the cancellation time.
4. 4. This Company may delete the data and registration information of the User after the cancellation and This Company shall not be liable for the damage caused by the deletion. In addition, This Company does not recover the deleted data.

Article 11 Change, Stop and End of This Service

1. 1. This Company may change the contents of This Service without giving prior notice to Users.
2. 2. In the event of the followings, This Company may stop or suspend This Service and the website created by This Service without giving prior notice to the Users.

• ・Periodic or urgent maintenance, inspection and repair of the server, software and network.
• ・Stoppage of the server, computer and communication line due to the accident.
• ・Impossibility of the service operation due to fire, power failure, disaster and force majeure.
• ・Other cases that This Company needs to stop or suspend it.

3. 3. This Company may terminate This Service due to the convenience.
4. 4. This Company shall not be liable for the damage of the User and the third party caused by the change, stoppage, suspension and termination of This Service. The User may not claim the refund and compensation.

Article 12 Change of The Terms of Use

1. 1. This Company may change The Terms of Use without getting the consent of the User. In that case, the change comes into effect when the contents of the change are posted in the website of This Company.
2. 2. This Company will give a notice to the Users, when This Company considers that the change of This Service prescribed in the preceding Paragraph is important.
3. 3. When This Service is used continuously after the notice, the User shall be deemed that he consented to the change of The Terms of Use.

Article 13 Notice and Communication

1. 1. Notice and communication form This Company to the User will be performed by e-mail, posting on the webpage of This Service and other notice method designated by This Company (such as notice function of App).
2. 2. Notice and communication prescribed in the preceding Paragraph is sent to the e-mail address registered into This Company by the User.
3. 3. It is the responsibility of the User to manage e-mails, and This Company shall not be responsible for non-arrival or delay of e-mails from This Company by any means.

Article 14 Copyright

1. 1. When the User uses the copyrighted work, This Company deems it to be authorized by the copyright holder and This Company shall never be involved in the trouble regarding the copyright.
2. 2. The User shall not claim the copyright against This Company regarding the website created by the User using This Service.
3. 3. The User hereby agrees that This Company introduces the website of the User created using This Service and put the hyperlink to that site in the website of This Company.

Article 15 Use of Unique Domain

1. 1. The User understands that he or she may not be able to have the domain name of his or her choice.
2. 2. When the User uses the domain application service, he or she agrees to be bound by the following conditions.

• ・Information entered at the time of domain application is registered in the domain administrator and it becomes available for browsing by third party as Whois information.
• ・Whois information will be exposed to public even after the cancellation of This Service until domain expired.
• ・This Company becomes the administrator of acquired domain and the domain user becomes the user.
• ・The communication from the domain administrator will be sent also to the domain users.
• ・When This Company cancels the registration (Article 5 of The Terms of Use) or the User cancels This Service and shows no clear intention for the domain processing, This Company abandons the domain management.

3. 3. When the User uses the domain rental service, he or she agrees to be bound by the following conditions.

• ・Domain rental means the user understands that This Company acquires, administrates and owns the domain, and rents the exclusive right to use the domain to the User for the period of time specified in the contract
• ・The exclusive right to use the domain will be lost with the cancellation of the contract
• ・The User does not wish to hold nor assign the exclusive right to use the domain after the cancellation of the contract

4. 4. Only one domain can be acquired by one contract, and domain acquisition fee and domain setting fee specified by This Company shall be paid in case of changing to another domain.

Article 16 Sales Function of Products and Services

1. 1. When using the products/services sales function of This Service, the User shall retain the license and approval necessary for the selling his dealing products and providing services and guarantee to maintain it during contract term.
2. 2. When using the products/services sales function of This Service, the User is prohibited from using it in the following cases. Also, the cases in this Paragraph are subject to the cancellation of registration (Article 5 of The Terms of Use).

• ・The case that the information necessary to disclose for the internet sales (according to applicable law to the area where the User lives) is not disclosed.
• ・The case that the qualification, registration, license and approval is necessary for the sales of the products but the information for them cannot be verified.
• ・The case that the seller is not the User or the business intended by the User is solely broking.

3. 3. Activities related to the sale of products shall be direct contracts between Users and consumers, and This Company shall not be involved at all. Also, it shall be the responsibility of the User to accept and respond to inquiries and complaints.
4. 4. The User shall not use an expression which misleads that the contracting person is This Company.
5. 5. The User is obligated to periodically check the management screen and e-mail addressed to the User in order to confirm the existence of the order and its contents.
6. 6. Upon receipt of the order under the preceding Paragraph, the User shall directly deliver the products, settle the payment, perform other necessary procedures and contact the consumer, and at the User's responsibility provide the products or services and collect the fee.

Article 17 Disclaimer

1. 1. This Company does not guarantee at all that This Service conforms to the purpose of the User, has the expected function and no trouble and operates on the User's use environment.
2. 2. This Company does not guarantee at all that the website created by Users will behave as intended in the use environment of a third party.
3. 3. The user understands and agrees that this service contains bugs on the software, the operation may be interrupted or the intended operation may not be performed.
4. 4. This Company shall not be liable at all for the decrease in display speed and the failure due to unexpected factors such as overload to This Service and the website created by This Service.
5. 5. This Company shall not be liable for any damage, loss or disadvantage to the user arisen from the use of This Service.
6. 6. This Company shall not be liable for any troubles or disputes arising between the Users and Users and third parties in relation to This Service.
7. 7. The User shall be responsible for the entire contents of the website created.
8. 8. This Company may edit the data of This Service instead of the User without giving a notice to the User when it is the emergency to avoid significant damage to This Company, the other User and a third party. Users shall agree hereby this emergency response.
9. 9. Information registered by the User in This Service may be lost due to unexpected system problems. This Company shall not be obliged to back up information and restore the lost information and This Company shall not be liable for any damage caused by such situation.

Article 18 Principle of Self-responsibility

1. 1. The User shall be responsible for its act performed by using This Service and shall not This Company and a third party (including other user) and shall keep them harmless.
2. 2. If This Company is requested or claimed by a third party due to the act performed by the User, the User shall protect This Company and assume the damage of This Company, if any.
3. 3. When the User gives damage to a third party as a result of using This Service, receives a complaint from a third party, the User shall solve it by his own responsibility and cost.
4. 4. When the User receives damage from a third party as a result of using This Service, or gives a complaining notice to a third party, the User shall solve it by his own responsibility and cost.

Article 19　Confidentiality

This Company will handle acquired personal information of Users according to the Privacy Policy ruled by This Company separately.

Article 20 Separability

When any of Article or its part of the Terms of Use is determined invalid or unforceable, the remaining part of The Terms of Use shall keep the validity.

Article 21 Governing Law and Jurisdiction

1. 1. The Terms of Use shall be governed by the law of Japan.
2. 2. The Sizuoka District Court shall be the exclusive agreement jurisdictional court for the first instance if the law suit is necessary between the User and This Company.

Article 22 Consultation

Matters not specified in The Terms of Use and the trouble not settled by the guidance of This Company shall be solved by the consultation between This Company and the User with mutual sincerity.

Article 23 Interpretation

The original of The Terms of Use is written in Japanese; if its translation version has conflicts with the Japanese version, the Japanese version shall take precedence.

• Established on September 24, 2014
• Revised on February 01,2017
• Revised on October 03,2017