Mikke

A Fish Identifier

Terms of Use

This English translation is provided for convenience. If there is any conflict, the Japanese version prevails.

These Terms of Use (the “Terms”) set out the conditions for using Mikke, the fish-name search and Q&A service (the “Service”) provided by zukan.com, Inc. (the “Company”) through its smartphone app and website. Registered users (“Users”) shall use the Service in accordance with these Terms.

Article 1 (Application)

  1. These Terms apply to all relationships between Users and the Company concerning use of the Service.
  2. In addition to these Terms, the Company may establish various provisions concerning the Service, including rules for its use (“Individual Provisions”). Regardless of their name, these Individual Provisions form part of these Terms.
  3. If these Terms conflict with the Individual Provisions referred to in the preceding article, the Individual Provisions shall prevail unless otherwise expressly provided in those Individual Provisions.

Article 2 (Registration)

  1. Some or all questions, answers, comments, and ratings posted by Users may be viewed without registering. Registration is required to submit any posts, including questions, answers, comments, and ratings.
  2. Registration is completed when an applicant agrees to these Terms and the separately established Privacy Policy, applies by the method specified by the Company, and receives notice of approval from the Company.
  3. Only one account is granted per User. If use of multiple accounts is confirmed, all accounts may be deleted.
  4. The Company may refuse to approve an application if it determines that any of the following applies, and has no obligation to disclose its reasons:
    1. The applicant provided false information when applying.
    2. The applicant has previously violated these Terms.
    3. The Company otherwise considers registration inappropriate.

Article 3 (Management of Login Information)

  1. Users may sign in to the Service through SMS verification.
  2. Users shall properly manage the login information related to the preceding paragraph at their own responsibility.
  3. Under no circumstances may Users transfer or lend their login information to a third party or share it with a third party. If login information matches the registered information, the Company shall treat use as being by the User who registered that user ID.
  4. The Company assumes no liability for damage resulting from a third party’s use of login information, except in cases of willful misconduct or gross negligence by the Company.

Article 4 (Fees and Payment Methods)

  1. As consideration for paid portions of the Service, Users shall pay the fees separately determined by the Company and displayed on the Service, using the method specified by the Company.
  2. If a User delays payment of fees, the User shall pay late payment damages at an annual rate of 14.6%.

Article 5 (Prohibited Conduct)

Users shall not engage in any of the following when using the Service:

  1. Conduct that violates laws or public order and morals.
  2. Conduct related to criminal activity.
  3. Conduct that destroys or interferes with the functions of servers or networks belonging to the Company, other Users of the Service, or third parties.
  4. Conduct that may interfere with the operation of the Company’s services.
  5. Collecting or accumulating personal information or similar information about other Users.
  6. Unauthorized access or attempts at unauthorized access.
  7. Holding multiple accounts as one person.
  8. Impersonating another User.
  9. Providing benefits, directly or indirectly, to antisocial forces in connection with the Company’s services.
  10. Repeatedly making unreasonable demands, complaints, or similar requests to the Company.
  11. Infringing the intellectual property rights, portrait rights, privacy, reputation, or other rights or interests of the Company, other Users of the Service, or third parties.
  12. Posting or transmitting content on the Service that contains, or that the Company determines contains, any of the following:
    1. Excessively violent expressions.
    2. Explicit sexual expressions.
    3. Expressions that lead to discrimination based on race, nationality, beliefs, sex, social status, family origin, or similar grounds.
    4. Expressions that induce or encourage suicide, self-harm, or drug abuse.
    5. Other expressions that contain antisocial content and cause discomfort to others.
  13. Conduct intended, or determined by the Company to be intended, for any of the following purposes:
    1. Sales, promotion, advertising, solicitation, or other commercial purposes, except where the Company determines it necessary for sharing knowledge or information, or where the Company permits it.
    2. Sexual intercourse or obscene acts.
    3. Meeting or dating previously unacquainted persons of the opposite sex.
    4. Harassing or defaming other Users.
    5. Causing disadvantage, damage, or discomfort to the Company, other Users of the Service, or third parties.
    6. Otherwise using the Service for purposes different from its intended purposes.
  14. Religious activities or solicitation to religious organizations.
  15. Solicitation to pyramid schemes, multilevel marketing, or similar arrangements.
  16. Conduct intended to direct people to adult websites, one-click fraud websites, or similar websites.
  17. Other conduct the Company considers inappropriate.

Article 6 (Suspension or Interruption of the Service)

  1. The Company may suspend or interrupt all or part of the Service without prior notice to Users if it determines that any of the following applies:
    1. Maintenance, inspection, or updates are performed on computer systems relating to the Service.
    2. Providing the Service becomes difficult due to force majeure, such as earthquakes, lightning, fire, power outages, or natural disasters.
    3. Computers, communication lines, or similar equipment stop operating due to an accident.
    4. The Company otherwise determines that providing the Service is difficult.
  2. The Company assumes no liability for any disadvantage or damage suffered by Users or third parties due to suspension or interruption of the Service.

Article 7 (Copyright)

  1. Users may use the Service to post or upload text, images, videos, or other information only if they hold the necessary intellectual property rights, including copyright, or have obtained permission from the necessary rights holders.
  2. Copyright in text, images, videos, and other material posted or uploaded by Users through the Service remains with the User or other existing rights holders. However, the Company, and websites or other media and services affiliated with the Company, may use such material within the following scope. Users shall not exercise their moral rights in relation to such use:
    1. Improving the Service, enhancing its quality, or correcting defects.
    2. Publicizing or promoting the Service.
    3. Use in web services, smartphone apps, and publications derived from the Service.
  3. Except as provided in the main text of the preceding paragraph, all copyrights and other intellectual property rights in the Service and all information related to it belong to the Company or rights holders who have licensed their use to the Company. No person may, without authorization, reproduce, transfer, lend, translate, modify, reprint, publicly transmit (including making available for transmission), transmit, distribute, publish, commercially use, or otherwise use such material.

Article 8 (Restrictions on Use and Cancellation of Registration)

  1. If any of the following applies to a User, the Company may, without prior notice, delete posted data, restrict the User’s use of all or part of the Service, or cancel the User’s registration:
    1. The User violates any provision of these Terms.
    2. Registered information is found to contain false facts.
    3. The User defaults on payment obligations, including fees.
    4. The User fails to respond to communications from the Company for a certain period.
    5. The User has not used the Service for a certain period since their last use.
    6. The Company otherwise considers the User’s use of the Service inappropriate.
  2. If any item in the preceding paragraph applies, the User shall automatically lose the benefit of any payment deadline for all obligations owed to the Company and shall immediately pay all obligations outstanding at that time in a single payment.
  3. The Company assumes no liability for damage incurred by Users as a result of actions taken by the Company under this article.

Article 9 (Deleting and Editing Posts)

  1. Users may delete or edit their own posts in the following cases:
    1. A posted question may be deleted only before it receives an answer, vote, comment, or other response from another person.
    2. A posted question may be edited only before it receives an answer.
    3. A posted answer may be deleted only before it receives a vote, comment, or other response from another person.
  2. When the Company decides to delete a question, including for a violation of these Terms, all answers, comments, and other material related to that question will also be deleted.
  3. The Company may decide to delete answers or comments, including for violations of these Terms.

Article 10 (Withdrawal and Account Deletion)

  1. Users may withdraw from the Service by following the withdrawal procedure specified by the Company.
  2. The account is deleted upon withdrawal. Previously posted questions, answers, comments, and other posts remain on the Service, except those the User has deleted themselves.
    1. Accounts that have withdrawn or whose registration has been canceled are displayed with an ID in place of their screen name.
    2. Accounts that have withdrawn or whose registration has been canceled cannot register again using the same login information.
    3. The Company may, at its discretion, retain posts from accounts that have withdrawn or whose registration has been canceled.

Article 11 (Disclaimer of Warranties and Liability)

  1. The Company makes no express or implied warranty that the Service is free of factual or legal defects, including defects concerning safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or security; errors or bugs; or infringement of rights.
  2. The Company assumes no liability for any damage incurred by Users arising from the Service. However, this disclaimer does not apply if the contract between the Company and the User concerning the Service, including these Terms, constitutes a consumer contract under the Consumer Contract Act.
  3. Even in the case specified in the proviso to the preceding paragraph, the Company assumes no liability for damage arising from special circumstances among damage incurred by a User due to breach of contract or tort resulting from the Company’s negligence (excluding gross negligence), including cases where the Company or the User foresaw or could have foreseen the damage. Compensation for damage incurred by a User due to breach of contract or tort resulting from the Company’s negligence (excluding gross negligence) shall be limited to the amount of fees received from the User in the month in which the damage occurred.
  4. The Company assumes no liability for transactions, communications, disputes, or similar matters arising between a User and other Users or third parties in connection with the Service.

Article 12 (Changes to or Discontinuation of the Service)

The Company may change the content of the Service or discontinue providing it without notifying Users, and assumes no liability for damage incurred by Users as a result.

Article 13 (Changes to the Terms)

  1. The Company may change these Terms at any time without notifying Users if it considers changes necessary.
  2. Revised Terms take effect when posted on the Service.

Article 14 (Handling of Personal Information)

The Company shall appropriately handle personal information obtained through use of the Service in accordance with its Privacy Policy.

Article 15 (Notices and Communications)

Notices and communications between Users and the Company shall be made by the method specified by the Company. Unless a User reports a change in accordance with the method separately specified by the Company, the Company shall consider the currently registered contact information valid and send notices or communications to it. Such notices or communications shall be deemed to have reached the User when sent.

Article 16 (Prohibition on Assignment of Rights and Obligations)

Users may not assign their contractual status or any rights or obligations under these Terms to a third party, or provide them as security, without the Company’s prior written consent.

Article 17 (Governing Law and Jurisdiction)

  1. These Terms shall be interpreted in accordance with the laws of Japan.
  2. Any dispute concerning the Service shall be subject to the exclusive agreed jurisdiction of the Tokyo District Court.

Established April 18, 2014.
Revised March 9, 2021.