Excite Terms of Use

*Japanese version to Govern The English version of these Terms is provided only for the convenience of Users and therefore in the event of a conflict between the English version and the Japanese version of these Terms, the Japanese language version shall take precedence.

Chapter 1 General Provisions

Article 1 Terms of Use

1. Excite Japan Co., Ltd. (hereafter “Excite”) requires consent to and compliance with the following Terms of Use (hereafter “Terms”) for all users wishing to use any of Excite’s services (hereafter “Service(s)”). Furthermore, the Terms are applicable to anyone who makes use of the Services (hereafter “User(s)”).

Article 2 Extent of Applicability

1. In the event Excite establishes any of the following rules to be applied to Users, such rules shall be deemed to be a part of the Terms.

　　(1) Privacy Policy
　　(2) Irrespective of the naming, any notification sent individually to Users, or any announcement which appears in any of the Services, or any rules related to the use of the Services.
　　(3) All Terms of Use and Guidelines etc., (hereafter “Individual Terms”) of individual services (hereafter “Individual Services”) which compose Services.

2. The rules set forth in the preceding Paragraph shall be applied to such matters set for the therein, and if any rules conflict with the provisions of these Terms, such rules shall take precedence over these Terms unless it is explicitly provided herein that these Terms shall prevail

Article 3 Notifications

1. Excite shall notify Users either by displaying notices on the Services or by individual email sent directly to Users, or by a combination of both methods.

2. In the event a notice is given by being displayed on the Services, such notice shall come into effect from the time it is displayed on the Services. In the event a notice is given via email, such notice shall come into effect from the time such notice has been sent to the email address designated by Users either upon its registration or through changes using the Settings Menu. If a notice is not delivered to a User due to causes such as the User’s negligence in registering necessary changes or other failures, the notice shall be deemed to have been delivered at the time at which the email was sent.

3. Users shall confirm the contents of each individual notice from Excite from time to time. Excite shall not be liable for any damages of any kind arising as a result of a user failing to undertake said confirmation.

Article 4 Changes to Terms

1. Excite may, at its sole discretion, make additions to, changes to and deletions from the Terms (hereafter collectively “Changes”). In the event of any Changes to the Terms, Excite shall inform the effective time and content of the Changes to the Terms by posting on the Services or other appropriate way, or notify the Users of the same. Notwithstanding the foregoing, Excite shall obtain the User’s consent in a manner specified by Excite for the Changes to the Terms that requires such consent under the applicable laws.

Chapter 2 Services and Users

Article 5 Services

1. The data (including but not limited to text, images, video, music, logos etc., hereafter “Uploaded Contents”) residing on applications, computer software, and websites and any Uploaded Contents which are displayed, disclosed, provided and/or sent by Users are provided by the Services on a “as is” basis, and Excite shall in no way be held responsible against Users or any third party for the managing or monitoring etc., of Uploaded Contents.

2. The Services are targeted towards Users residing in Japan. In the event that Users willfully or inadvertently send Uploaded Contents from within Japan to countries other than Japan, Users are required to comply with regulations regarding export of technologies and any other relevant laws and regulations of Japan and any other jurisdiction. Excite accepts no liability whatsoever for damages incurred by Users or any third parties arising from Users’ non-compliance with these Terms, including the sending of Uploaded Contents abroad.

Article 6 Changes to Services, etc.

1. Excite may make changes to the contents, etc. of the Services. Any changes made to these Terms, etc. shall, unless separately designated by Excite, come into effect from the time at which they were reflected on the Services.

2. Excite will bear no liability for any damages arising from any changes to contents, etc. as outlined in the above item.

Article 7 Suspension of Services

1. Excite reserves the right to suspend, cease or discontinue (collectively, “Suspension etc.”) all or a part of the Services without giving prior notice to Users in the event it determines that any of the following circumstances has occurred.

　　(1) If the equipment used for the Services is under periodic or emergency maintenance.
　　(2) If the Services cannot be provided due to fire, electrical blackouts or any other unforeseen accidents etc.
　　(3) If the Services cannot be provided due to earthquakes, eruptions, floods, tsunamis or other such natural disasters.
　　(4) If the Services cannot be provided due to wars, disturbances, riots, civil commotions, industrial disputes, embargos, strikes, the inability to procure materials or facilities for shipment or to the intervention of public authorities.
　　(5) Other cases in which for operational or technical reasons, Suspension etc., of the Services is deemed necessary.

2. Excite may notify Users of any Suspension etc., of a part or the whole of the Services within the Services.

3. Excite bears no liability for any damages incurred by any Users or third parties arising from any Suspension etc., of the Services for any of the reasons given in the preceding two Paragraphs or any other similar reasons.

Article 8 Registered Users

1. Certain Individual Services which Excite provides require certain registration by Users (hereafter “Registration Required Services”). Those Users which have completed the registration process shall hereinafter be referred to as “Registered Users.”

2. The registration process for the Registration Required Services shall complete upon the following: (i) the User shall agree to the these Terms and individual terms and conditions applicable to the relevant Registration Required Services, (ii) complete the registration of certain information separately designated by Excite (hereafter “Registered Information”), (iii) obtain a certain identifier composed of alphanumeric characters and symbols (hereafter “ID”), and (iv) set a password.

3. Upon the completion of the registration of Registered Information by Users in accordance with the preceding Paragraph for the purpose of obtaining an ID, Excite shall determine whether it will provide such User with an ID in accordance with its internal standards. Excite reserves the right at all times to not disclose its standards and reasons for providing or not providing an ID. Further, no User may object to Excite’s determination with regard to the provision of IDs.

4. Users agree to provide Excite with truthful, accurate and up-to-date information when registering Registered Information pursuant to this Article or Article 10 (Changes to Registered Information).

Article 9 Age Restrictions

1. Users under the age of 18 must obtain the consent of their statutory agent and complete the ID issuance procedures as determined in the preceding article in order to use the Registration Required Services.

2. Users are required to check each Individual Terms as some Registration Required Services have minimum age requirements for the use thereof.

Article 10 Changes to Registered Information

1. Registered Users must promptly notify Excite of any changes to Registered Information by means separately determined by Excite.

2. Excite shall bear no liability for any disadvantage suffered by any Registered User as a result of such Registered User failing to make a timely notice to Excite as required under the preceding paragraph.

3. Excite reserves the right to be able to temporarily suspend Registration Required Services or to forcibly delete any registration data upon examining the content of changes registered thereby. In the event that any such discontinuation or deletion of Registered Information occurs, Excite shall not be liable in any way for any damages suffered by Registered Users.

4. In the event of any deletion of registration data by either Registered Users or Excite pursuant to Paragraphs 2, 3 or 4 of Article 11 for reasons other than determined in previous items, said Registered Users shall not be able to make use of Registration Required Services.

Article 11 Deletion of Registered Information

1. In the event that a Registered User wishes to delete Registered Information, the Registered User will make application for such deletion through a process determined by Excite.

2. The status of a Registered User is a personal right of the Registered User. In the event that Excite learns of a certain Registered User’s death, the application for deletion of Registered Information outlined in previous items shall be considered to have been made.

3. Excite reserves the right to delete Registered Information and to suspend provision of Registration Required Services to any Registered User whose is Antisocial Force (meaning organized crime groups, organized crime groups, companies affiliated with organized crime groups, general assemblymen, socially motivated crime groups, politically motivated crime groups, special intelligence crime groups, groups or individuals who make violent demands or unreasonable demands beyond their legal responsibilities, as well as individuals, companies, and investment institutions or funds that have caused incidents in the past in the financial market, such as stock transactions, or that have undermined the stability of the financial market and fair financial transactions. Hereinafter the same shall apply in the Terms.), or we determine that a Registered User is involved in any interaction or involvement with Antisocial Force, such as cooperating or participating in the maintenance, operation, or management of Antisocial Force, through funding or other means, or acts violate the provisions of Article 18 (Prohibited Items) Paragraph 1. In such cases, no notices or demands need to be issued.

4. In the event that a Registered User has not logged in using the registered ID for a period of six months, Excite reserves the right to delete Registered Information and to suspend provision of Registration Required Services. In such cases, no notices or demands need to be issued.

5. Excite shall bear no liability for any damages suffered by Registered Users arising as a result of any actions provided under this Article.

Article 12 Prohibition of Transfer etc.

1. The rights, permissions or status of a Registered User granted to Registered Users to use the Registration Required Services may not be transferred, sold, rented out, leased, pledged, changed its ownership, or be provided as collateral to any third party.

Article 13 Verification of Personal Data

1. IDs granted to Registered Users and the passwords matched to said IDs and other such symbols used as information sufficient to verify the identity of Registered Users (hereafter collectively “Individual Verification Data”) and the verification process of the Registered Users’ rights to make use of Registration Required Services shall be referred to as “Individual Verification”.

2. If a Registered User forgets or loses its Individual Verification Data, said Registered User shall promptly inform Excite of such loss and follow the subsequent procedures as instructed by Excite.

3. Registered Users must not share or allow the use of its Individual Verification Data or its right to use Registration Required Services which are subject to Individual Verification with any third party. All use of Registration Required Services and related actions occurring upon Individual Verification of Registered Users (including a permanent online connection and such, settings of equipment or network to enable Registered Users to have Individual Verification conducted without their personal involvement and thus allowing third parties to make use of Registration Required Services) shall, whether actually involving the Registered User or not, be deemed as use by the Registered User and the said Registered User shall take all responsibility and fulfill any obligations arising in relation thereto.

4. Excite makes no guarantees as to the functionality or quality of connections and such when a Registered User uses one Individual Verification Data for multiple devices (meaning any personal computer, mobile phone, smartphone, tablet, or any and all other terminals that inputs and outputs information, hereafter collectively “Device(s)” ). Excite makes no guarantees as to the functionality or quality of connections and such when simultaneous access is made by a Registered User and a third party other than the Registered User. Similarly when multiple Individual Verification Data is provided from a single Device and access made simultaneously, no guarantees as to the functionality or quality of connections and such is made.

5. Registered Users shall be responsible for the control of all their personal Individual Verification Data. In the event that a third party other than the Registered User makes use of a Registered User’s Individual Verification Data and the Registered User suffers damage, Excite shall bear no liability irrespective of whether or not there is willful or negligent acts by the relevant Registered User.

6. In the event that a Registered User’s Individual Verification Data is stolen or a Registered User discovers its use by any third party (including cases where the Device itself is stolen), the Registered User shall promptly inform Excite of such event and shall follow the instructions given by Excite.

Article 14 Term of Use

1. The term of use of Registration Required Services shall begin upon completion of the registration procedures determined in Article 8 (Registered User) and shall terminate upon the occurrence of any matters set forth under Paragraphs 1, 3 or 4 of Article 11 (Deletion of Registration Data) or Article 24 (Termination of Registration Required Services).

Chapter 3 Fee-charged Separate Services

Article 15 Usage Fees

1. In the event of Registered Users making use of Registration Required Services for which a usage fee is charged (hereafter “Fee-charged Separate Services”), Registered Users shall pay the usage fees for the said Fee-charged Separate Services (hereafter “Usage Fees”).

2. Registered Users shall in accordance with the terms and conditions for the relevant Fee-charged Separate Services make payment of Usage Fees by one of the following means. Usage Fees shall be calculated for one month periods closing at the end of each calendar month. However, services requiring the use of pre-paid cards to pay in advance or pay-as-you go services shall determine their various payment terms for Fee-charged Separate Services in their respective terms and conditions.

　　(1) Credit Card
　　(2) Prepaid Card
　　(3) Other methods as adopted by Excite

3. If Registered Users chose to pay by credit card, they shall agree to or comply with the following:

　　(1) The credit card must be registered in the name of the Registered User;
　　(2) The Usage Fee must be, withdrawn on the transfer date from the account designated by the Registered User in accordance with the credit card issuing company’s terms and conditions (hereafter, the “Credit Card Terms”);
　　(3) A legal minor must obtain consent from its statutory agent upon registering a credit card. In the event a legal minor registers a credit card, Excite may deem that such consent by the statutory agent is obtained;
　　(4) The credit card information registered by the Registered Users will be sent directly, and without going through Excite, to the collection agency entrusted by Excite by using encrypted communication when the method of payment tokenization introduced by such collection agency is used, and such credit card information will be stored by such collection agency. Excite does not store the Registered Users’ credit card information; and
　　(5) Registered Users shall comply with the Credit Card Terms.

4. If Registered Users chose to pay by prepaid card, they shall comply with the following:

　　(1) Prepaid cards must have been obtained or purchased in an appropriate and legitimate manner.
　　(2) Registered Users shall comply with the prepaid card issuing company’s terms and conditions.

5. Registered Users must agree in advance to the following regarding Usage Fees.

　　(1) For Fee-charged Separate Services adopting a monthly fixed-fee payment system, the full monthly Usage Fee will be charged irrespective of the number of days that the service was actually used.
　　(2) Other than items that Excite determines to issue, Excite will not issue any itemized breakdowns, invoices or receipts of or for Usage Fees.
　　(3) Usage Fees will be charged irrespective of Fee-charged Separate Services stoppages, malfunctioning or other problems and irrespective of whether the Registered User has actually used the Fee-charged Separate Service or not.
　　(4) In the event of a Registered User terminating a service agreement for a monthly fixed-fee Fee-charged Separate Service and then re-registering within the same month, an additional re-registration fee of 300 JPY (tax-exclusive) will be charged.
　　(5) In the event of a Registered User’s non-payment of Usage Fees, Excite reserves the right to suspend said Registered User’s use of the Fee-charged Separate Service.
　　(6) In addition to the previous item, Excite reserves the right to, without any notice to the Registered User, transfer either all or part of the rights to receive the Usage Fees (including delinquency charges, which will be calculated based on the statutory interest rate at the time of the default) from a Registered User to one of the following third parties.
　　　1) The issuing company of the credit card registered by the Registered User.
　　　2) Third parties conducting claim management and collection businesses with licenses issued by the government.
　　　3) Others as specified by Excite.
　　(7) Except as provided for under applicable laws, regulations, etc., under no circumstances will Excite return any Usage Fees collected from Registered Users.

Chapter 4 User Obligations

Article 16 Preparation and Maintenance of Usage Environment

1. Users will at their own expense and responsibility, prepare and put into a usable state any Devices, communications devices, software or other equipment necessary to make use of the Services. Additionally, if necessary for use of the Services, users will at their own expense and responsibility enter into a service agreement with a telecommunications carrier to connect to the Services through their Device using an Internet connection service.

Article 17 Principles of Self-responsibility

1. Excite makes no warranty as to the truthfulness, legality, appropriateness, reliability, accuracy and so on of contents appearing in the Services.

2. Users accept full responsibility for their use of the Services, the information transmitted as a result of their use of the Services, and any and all acts and results related thereto, including the use of the Services or acts by third parties which give the appearance of having been conducted by the User.

3. Users shall compensate all damages (including any court and legal fees) suffered by Excite or any other third party arising from a User’s use of the Services (including any damages arising from the non-performance by the User of its obligations provided hereunder).

Article 18 Prohibited Items

1. Excite reserves the right to (i) terminate the use of the Services, (ii) delete the User’s Registered Information, (iii) suspend provision of the Services, and/or (iv) refuse the User’s use of the Services thereafter, in each case without prior notice, in the event a User conducts any of the following. Any period which the User’s use of the Services is terminated or suspended pursuant to this Article will be calculated as a part of its term of use.

　　(1) Any act which infringes or may infringe any copyright, trademark, patent, right of design, utility model right and any other such intellectual property right (including without limitation any rights to obtain or apply for such intellectual property rights) of Excite or any other third party (not limited to identifiable individuals but also including and not limited to identifiable countries, races, regions, legal entities, political groups, religious groups or organizations, hereafter, collectively, “Third Party/ies”) .
　　(2) Any act that infringes or may infringe any property, privacy or portrait rights of Excite or any other Third Party.
　　(3) Act of slander or the possibility thereof against Excite or any other Third Party, or any act that discriminates or may discriminate the same.
　　(4) Any act that defames or discredits or may defame or discredit Excite or any other Third Party.
　　(5) In the event that any images or texts are sent or displayed which contain obscenity, child pornography or child abuse or in the event that recorded media containing such images or text are or may be sold or distributed.
　　(6) Any acts that violate or may violate laws relating to stalking etc..
　　(7) Any acts to establish or may establish pyramid schemes or to solicit or may solicit members for such schemes.
　　(8) To pretend to another person upon using the Services.
　　(9) Any acts which violate the Public Offices Election Act.
　　(10) Any religious activities or solicitations to join religious groups.
　　(11) Any commercial activities or use for the purpose of making profit (including banner advertisements, text advertisements, keyword linking listing etc.) or any preparation therefor.
　　(12) Any acts to send or display to Third Parties any repulsive or distasteful images or texts.
　　(13) Any acts which interrupt the sending of any Third Party’s images or text or such.
　　(14) Any acts of asking any Third Party to forward a chain mail or to forward any chain mail upon a request from a Third Party.
　　(15) Any wrongful access to equipment used in the provision of the Services (including communications equipment, communications lines, computers or other equipment or software arranged by either Excite or any other third party that Excite designates) or any acts which interfere with the use or operation of such equipment.
　　(16) Any act to collect Third Party personal information unnecessarily or without the consent of said Third Party, or any acts to disclose one’s own or any Third Party’s personal information or any information from which the personal information of the owner can be identified.
　　(17) Any acts to make inappropriate use of Individual Verification Information or to entail any other Third Party to inappropriately use such information.
　　(18) Any act of analysis, reverse compiling, reverse assembly or reverse engineering and such of the Services provided by Excite.
　　(19) Any act to redistribution, lease or sale of the Services without Excite’s approval.
　　(20) Any act of alteration, interference, intrusion or deletion and such of the Services.
　　(21) Any nefarious use of weaknesses or problems with the Services, or any act to spread such weaknesses to other third parties.
　　(22) Any development or use of any tool or functionality which has not been authorized by Excite to view the pages of other Registered Users.
　　(23) Impersonating Excite employees, members of staff or support staff.
　　(24) Any act which or which may violate standards of public decency (including but not limited to violence, atrocities), laws or these Terms, interfere with the operation of the Services, damage the credibility of Excite, damage any property of Excite, or which are to the detriment of Excite or any other Third Party.
　　(25) Any criminal activities (including but not limited to the sale and purchase of controlled substances, the sale and purchase of bank accounts, any illegal sale and purchase of mobile telephones), or any solicitation or acts which may cause such criminal activities.
　　(26) Any acts to send, post or upload computer programs containing computer programs which are detrimental including computer viruses.
　　(27) Sending data in a quantity exceeding a certain criteria specified by Excite using the Services.
　　(28) Making any declaration or application to Excite which may cause fallaciousness or misunderstanding by Excite.
　　(29) Posting texts which desire association with members of the opposite sex, and other acts which Excites determines to be using the Services as or with the purpose of using the same as a dating service.
　　(30) Solicitation of extra-marital affairs, prostitution, or pimping.
　　(31) Any acts which negatively affect the personality development and such of legal minors.
　　(32) Any acts which affirm, solicit or promote in suicides or self-harming (including uploading of descriptions of means of committing suicide).
　　(33) Using a Third Party’s credit card without consent, using fraudulently obtained e-money, points, prepaid cards and such, or using a Third Party’s bank account information without consent or illegally.
　　(34) Giving benefits or providing other cooperation directly or indirectly to any Antisocial Force in connection with the Services.
　　(35) Attaching a link to a website which contains contents set forth in the Items provided above.
　　(36) Any other acts which Excite determines to be inappropriate.

2. Excite reserves the right to immediately delete, revise or edit all or part of any uploaded contents if it determines that any User is or may be in breach of these Terms or Individual Terms for Individual Services. Additionally, Excite reserves the right to prohibit or limit Users from using the Services and to forcibly delete such User’s Registered Information or terminate such User’s Registration Services contracts.

3. Excite reserves the right without prior notice to change or discontinue the contents of the Services and also to change or discontinue Registered Users’ IDs. In such cases Excite shall bear no liability against any User or other third party.

Chapter 5 Intellectual Property Rights

Article 19 Intellectual Property Rights

1. Upon making use of the Services, Users acknowledge and accept that any copyright, patent, utility model right, trademark, design right pertaining to any information etc., which Excite displays or any third party displays or uses by other means and licenses to Excite belong to either Excite or such said third party. Furthermore, Users may not make any personal use of or disclose such information, nor allow any other third party use such information, unless it has obtained permission from Excite and the third party which have licensed the use thereof to Excite or is using such information for personal use within the scope of and as permitted by Article 30 of Japanese Copyright Act.

2. Users shall be the owners of copyright or any other intellectual property right with regard to the contents Users upload to the Services. However, Users hereby licenses to Excite and any other third party designated by Excite a perpetual, free of charge, non-exclusive right (including the right to sublicense such right to other third parties) to use such uploaded contents (including but not limited to reproduction rights, public transmission rights, film rights, distribution rights, transference rights, leasing rights, translation rights, adaptation rights and the rights to merchandise and to sell to third parties for profit or otherwise) within and outside of Japan. Users agree not to exercise its moral rights as an author against Excite or any third party designated by Excite. In addition, Users agree that upon any transfer of the intellectual property rights owned by such Users, it will ensure that such transferee will be bound by the obligations of the User set forth in this paragraph at its own responsibility.

Article 20 Trademarks

1. Trademarks, logos, service marks and others (hereafter, collectively “Trademarks”)
   which are displayed on the Service are registered or unregistered Trademarks belonging to Excite or a third party. Excite does not through these Terms transfer to the User or any other third party any Trademarks nor grant the User or any other third party any licenses with regard to the use of the Trademarks.

Chapter 6 Personal Information

Article 21 Personal Information

1. The handling of Personal Information (as defined in the same way as defined in Article 2 Paragraph 1 of the Act on the Protection or Personal Information and which includes IP addresses and access logs. The same shall apply to all Personal Information hereafter) shall be based on the Privacy Policy.

2. Excite reserves the right to record Users’ IP address and record access logs and other time-recording logs based on said IP address.

3. Excite reserves the right to disclose to other third parties Users’ names, addresses, email addresses and other such personal information and access logs upon the occurrence of any of the following:

　　(1) The User gives consent for such information to be disclosed.
　　(2) When a legitimate request is made from a public body to reference such information in the progress of a criminal investigation or as required in legal proceedings.
　　(3) As requested under each Item of Article 4 Paragraph 1 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders (Heisei 13 Law No. 137).
　　(4) When Excite is requested to disclose such information pursuant to laws or guidelines and when Excite determines that such disclosure is reasonable.

Chapter 7 Operation

Article 22 Rights of Excite

1. Excite reserves the right to freely upload contents such as advertisements to the Services handled by third parties designated by Excite.

2. Excite reserves the right to gather information from Users (including but not limited to questionnaires).

3. Excite reserves the right to use information collected pursuant to the preceding Paragraph, Users’ usage history of the Services and other information which are obtained as a result of Users’ use of the Services.

4. Excite reserves the right to restrict Users’ usage of the Services for Users who do not consent to Excite’s rights under this Article.

Article 23 Exemption from Liability and Compensatory Damages

1. In the event a link to any website operated by a third party (including but not limited to advertisers or product placers) is inserted in the Services, Excite shall bear no liability for any damages arising from any use of the said linked websites (including but not limited to billings and product purchases).

2. Excite shall bear no liability for any damages arising from a loss of Registered Information of Users or any other information relating to Users as a result of breakdown of equipment, trouble, electrical outings or any other unforeseeable problems with transmission lines, damage to systems and such which are used in the provision of the Services.

3. Excite shall not be liable for any social, psychological, physical or monetary damage arising from any improper use of the Services or use which contravenes with these Terms.

4. Excite may deem all use of Registration Required Services requiring Individual Verification of Registered Users and actions relating thereto as acts of the Registered User irrespective of whether such use is actually attributable to said Registered User or not, and shall not be liable in any way for any damages arising from said use or actions.

5. Excite shall bear no liability to return fees to Users or to make other payments to Users for any expenses (including but not limited to Usage Fees and connection expenses) borne by the User as a result of Suspension etc., of the Services.

6. Excite shall bear no liability for any disadvantages, losses or damage suffered by Users as a result of Users’ registration of incomplete personal information etc..

7. The Services are provided to Users as is and with the understanding that content reflects the limits of providable content by Excite at such time, and upon providing the Services to Users, Excite makes no warranty as to the absence of defects. Accordingly, in making use of the Services Users understand that Excite bears no liability as to the completeness, accuracy, applicability, utility, authenticity, reasonableness, reliability or efficacy of information (including without limitation uploaded contents made available to User upon their use of the Services).

8. In the event that stored data and so on is lost from equipment used in the provision of the Services (including deletion by Users themselves) or is altered by any third party, Excite shall be under no obligation to restore said data.

9. Irrespective of the contents set forth in the other provisions herein, including paragraphs 1 to 8 of this Article 23,Excite shall be liable for ordinary direct actual damages suffered by the Users if Excite’s exemption from liability as set forth in these Terms is overruled by a compulsory provision under applicable law or a final and binding court judgment etc. (However, in the event of the Usage Fees received from Registered Users in making use of Fee-charged Separate Services up to the point at which such damages arise is less than the amount of damages calculated pursuant to the calculation criteria, the amount of damages to be paid to such Users shall be capped at the lower figure).

10. Irrespective of the contents set forth in the other provisions herein, including paragraphs 1 to 8 of this Article 23, if the agreement entered into between Excite and the Users based on these Terms constitutes a “consumer contract” as provided in Article 2, Paragraph 3 of the Consumer Contract Act, any provision in these Terms which purports to completely exempt Excite from liability will not apply. In this case, if the damages suffered by the Users is caused by Excite’s default or tort, Excite shall be liable for the ordinary direct actual damages suffered by the Users, except in the event of Excite’s willful act or gross negligence; provided, however, that, in the event of the Usage Fees received from Registered Users in making use of Fee-charged Separate Services up to the time at which such damages arise being less than the amount of damages calculated pursuant to the calculation criteria, the amount of damages to be paid to such Users shall be capped at the lower figure).

Article 24 Contract Termination of Registration Required Services

1. In the event of a Registered User requesting termination of contract, termination shall be conducted in accordance with termination procedures separately provided in the terms of uses of the respective Registration Required Services. Excite shall bear no liability for any damages to Users arising from deficiencies, flaws or other problems associated with or arising from the User’s errors or inadequate acts etc., regarding the termination process.

2. Excite reserves the right at its own discretion to forcibly terminate any contracts for Registration Required Services in existence between Excite and the Registered Users without bearing any liability against Users if Excite determines that a Registered User has violated any of these Terms or Individual Terms.

3. Upon the termination of a contract for a Registration Service by Excite or in the event Excite determines to discontinue a Registration Service, Excite shall notify the relevant Registered Users of such information on the Services for a separately-determined period. From the date designated by Excite in the notice, Registered Users shall be responsible for taking the necessary steps to manage any contents uploaded thereby or any e-money, points or pre-paid cards (including but not limited to virtual currencies) which such Registered Users may possess, and Excite shall accept no responsibility including without limitation any obligations for reimbursements or any other payments to said Registered User.

Article 25 Performance Warranty

1. Excite makes no warranty that the Services will perform in the same manner on all environments (including on but not limited to differing Device functionality, differing types and versions of software, differing types of communication equipment and functionality) or will perform in the same manner globally.

2. Depending on the environment in which the Services are used, such use may cause certain adverse effects on Devices or problems in using the Services; however, Excite will bear no liability in such respect.

Chapter 8 Others

Article 26 Governing Law and Exclusive Jurisdiction

1. ual Terms of use shall be governed by the laws of Japan.

2. In the event of legal action becoming necessary, all claims arising in connection with these Terms and any Individual Terms of use shall be submitted to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court in the first instance.

Last Amended September 14 2021