Terms of Use 使用條款

The 2nd Global ONE PIECE Character Popularity Poll: “WORLD TOP 100”

These Terms of Use set forth the terms and conditions when using 2nd Global ONE PIECE Character Popularity Poll: “WORLD TOP 100” (abbreviated: WT100)" provided by Shueisha Inc.

Article 1. Definitions

The following terms used in these Terms of Use shall have the meanings set forth below:

  1. 1.1 "These Terms of Use" means these terms and conditions set forth herein, as applicable to the "2nd ONE PIECE Character World Popularity Contest" operated by Shueisha Inc.
  2. 1.2 "The Company" means Shueisha Inc.
  3. 1.3 "The Service" means all services provided under the name "2nd ONE PIECE Character World Popularity Contest" by the Company.
  4. 1.4 "User" means any and all customers who use the Service. Any person who wishes to become a User shall also be deemed a User.
  5. 1.5 "Content" means content such as text, writings, information, news, software, applications, videos, audio, manga, etc., provided through the Service. It also includes links to services other than the web pages of the Service.

Article 2. Scope of Application

  1. 2.1 These Terms of Use apply to all activities related to the use of the Service.
  2. 2.2 If a User is a minor, the User shall obtain the consent of a legal representative such as a person with parental authority before using the Website and the Service. However, if applicable laws or regulations of the country or region where the User resides prescribe age restrictions for using online services, only Users who are at or above the age specified in such laws or regulations may use the Website and the Service.
  3. 2.3 If there are any conditions supplementary to or related to these Terms of Use, such conditions shall constitute a part of these Terms of Use.
  4. 2.4 In the event of any conflict between these Terms of Use and the conditions referred to in the preceding paragraph, the conditions referred to in the preceding paragraph shall prevail.
  5. 2.5 Even if any part of these Terms of Use is held to be illegal or invalid by a court of competent jurisdiction, the remaining parts of these Terms of Use shall remain in full force and effect.

Article 3. Posting and Amendment of Terms of Use

  1. 3.1 These Terms of Use shall be posted on the Website or otherwise communicated to Users by such other means as the Company reasonably determines.
  2. 3.2 The Company may amend the terms and conditions of these Terms of Use at any time. The Company may amend these Terms of Use when the amendment is beneficial to the Users, or when the Company determines that the amendment is reasonable in light of the necessity and appropriateness of the amendment and other relevant factors, and does not conflict with the purpose of these Terms of Use. In such cases, the Users shall agree in advance that the amended Terms of Use shall apply to the use of the Website and the Service, without requiring individual consent to the amendment of these Terms of Use.
  3. 3.3 If the Company determines that the amendment of the content described in the preceding paragraph is significant, the Company shall provide prior notice for a period deemed appropriate by the Company, and shall post the fact of the amendment, the content of the amended terms, and the effective date of the amendment on the Website.

Article 4. Use by Users

  1. 4.1 Users may use the Website and the Service free of charge. Users shall carefully read, understand, and agree to these Terms of Use before using the Service. Users may use the Service within the scope and under the restrictions determined by the Company in accordance with the User’s circumstances, such as age and usage environment.
  2. 4.2 Users shall use the Service at their own responsibility. Users shall, at their own responsibility, prepare and maintain mobile devices and other equipment necessary for accessing the Website and using the Service, and take security measures such as anti-virus measures, unauthorized access prevention measures, and information leakage prevention measures appropriate for their own computer environment. All costs related to the use of the Website and the Service, including data communication charges, shall be borne by the User.
  3. 4.3 THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY A USER IN CONNECTION WITH OR ARISING FROM THE USE OF THE WEBSITE AND THE SERVICE; PROVIDED, HOWEVER, THAT THE FOREGOING LIMITATION SHALL NOT APPLY TO DAMAGES ARISING FROM THE COMPANY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, OR TO DAMAGES TO THE LIFE, BODY, OR HEALTH OF THE USER.
  4. 4.4 In the event that a User receives a claim from a third party or any other trouble arises between the User and a third party in connection with the use of the Website and the Service, unless such trouble is attributable to the acts of the Company, such trouble shall be resolved directly between the User and the third party, and the Company shall have no obligation to be involved therein.
  5. 4.5 If a User causes damage to the Company or any third party arising from the use of the Website and the Service (including cases where the User causes damage to the Company or any third party by failing to perform its obligations under these Terms of Use), the User shall resolve the issue by compensating for the damage or by other means at the User’s own responsibility and expense, and shall also indemnify the Company for any and all damages.

Article 5. Third-Party Services

  1. 5.1 The Website may display links to third-party websites or applications. When Users use such third-party websites or applications, they shall comply with the terms of use and privacy policies provided by such third parties at their own responsibility. Such third parties may be responsible for their websites, applications, other products and services, or their acts or omissions. The Company assumes no liability whatsoever in this regard.
  2. 5.2 Third-party websites may provide links to the Website regardless of whether the Company has consented thereto. The Company shall not be liable under any circumstances for any damages incurred by a User in connection with or arising from such third-party websites.

Article 6. Disclaimer of Warranties and Limitation of Liability

  1. 6.1 THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR CONTINUITY.
  2. 6.2 Even if a User obtains information regarding the Website and the Service directly or indirectly from the Company, the Company does not make any warranty beyond the scope expressly set forth in these Terms of Use.
  3. 6.3 Users shall confirm, at their own responsibility and expense, that the use of the Service does not violate any laws, regulations, or internal rules of industry organizations applicable to the User, and the Company does not warrant such compliance in any way.
  4. 6.4. Any provision in these Terms of Use that excludes or limits the Company's liability (including, without limitation, the provisions of Articles 4, 5, 9, 11, and 14) shall not apply to:
    1. (1) damages caused by the Company's willful misconduct or gross negligence; or
    2. (2) any harm to the User's life, body, or health.
    Nothing in these Terms of Use shall exclude or limit any liability that cannot be excluded or limited under the mandatory laws of the country or region in which the User resides as a consumer.

Article 7. Prohibited Activities

  1. 7.1 Users shall not engage in any of the following acts or any acts that may constitute any of the following. If such acts are identified, the Company may, at its sole discretion, take such measures as it deems appropriate, including but not limited to suspending the provision of all or part of the Service, without prior notice to the User.
    1. (1) Using the Website and the Content for purposes other than the User’s private use, including but not limited to public transmission (including making available for transmission), licensing to third parties, assignment, publication, commercial use, translation, reproduction (including screenshots), distribution, and modification.
    2. (2) Removing copyright credits from the Website.
    3. (3) Separating programs or parts of programs from the Website.
    4. (4) Reverse engineering, decompiling, or disassembling the Website.
    5. (5) Unauthorized access to, or unauthorized operation, alteration, or deletion of, the Website, the Service, or the Content.
    6. (6) Using the Service by impersonating a third party.
    7. (7) Transmitting information containing harmful programs, or making such information available for reception by third parties.
    8. (8) Unauthorized access to, unauthorized use of, or interference with the operation of third-party equipment or devices related to the Website or the Service (including communication equipment, computers, devices, and software prepared by the Company to provide the Content or the Service).
    9. (9) Any other acts that the Company deems inappropriate, including those use for gambling act, those contrary to public order and good morals, those that violate laws including the Copyright Act and the Penal Code, or those that interfere with the provision of the Service.
  2. 7.2 In the event of violation of rules established by the Company regarding voting, unauthorized access to the Website and the Service, or other fraudulent voting activity by a User, the Company may, at its sole discretion, invalidate all or part of the fraudulently cast votes. Even when the Company determines to invalidate such votes, it shall have no obligation to explain the number of or reasons for the invalidated votes.

Article 8. Personal Information and Privacy

  1. 8.1 The handling of Users’ personal information and privacy shall be governed by the Company’s "Shueisha Privacy Guidelines" (URL: https://www2.shueisha.co.jp/privacy/privacy.html).
  2. 8.2 Users understand that, in using the Service, the Company may collect and use, as provided in the Shueisha Privacy Guidelines, information such as IP addresses, identification information generated through cookie technology, etc., and behavioral history, depending on the services and devices used by the User, for the purposes of determining compliance with voting rules, ascertaining the geographic attributes of voters, and other related purposes. Where required by applicable law, the Company shall obtain the User’s consent through a consent acquisition screen displayed on the Website prior to collecting the relevant information. Users may withdraw such consent at any time; however, as such withdrawal constitutes withdrawal of consent necessary for measures to prevent duplicate voting, Users acknowledge in advance that if consent is withdrawn, the Company shall have no obligation to maintain the validity of the User's votes.
  3. 8.3 The Company does not collect directly identifying information of Users, such as names and email addresses, in connection with the Service, and is therefore not in a position to identify individual Users from the collected information. Accordingly, pursuant to Article 11 of Regulation (EU) 2016/679 (General Data Protection Regulation; the "GDPR"), the Company shall not be obligated to obtain or process additional information for the purpose of identifying individual Users, and the rights of data subjects set forth in Articles 15 through 20 of the GDPR (right of access, right to rectification, right to erasure, etc.) shall, in principle, not apply.

Article 9. System Requirements for the Service

  1. 9.1 Users shall satisfy the system requirements for devices, operating systems, browser software, etc. separately specified by the Company (hereinafter referred to as the "Specified Requirements") in order to use the Service. Please note that if the Specified Requirements are not satisfied, the User may not be able to use the Service properly.
  2. 9.2 Users understand and agree that, even under the Specified Requirements, the Company does not guarantee in any way the proper use of the Service.
  3. 9.3 The Company may change the Specified Requirements without prior notice. Even if a User is unable to use the Service or the Content properly due to a change in the conditions of use of the Service, the Company shall not be liable whatsoever. Furthermore, even if a User is unable to use the Service properly due to changes in circumstances such as a change of equipment used by the User, or an update to the OS or browser, the Company shall not be liable whatsoever.

Article 10. Purchase of Content

The Company may introduce the purchase of Content through other services provided by the Company or other companies. For details on purchasing methods, payment methods, etc., please refer to the descriptions of the other services provided by the Company or other companies.

Article 11. Suspension of the Service

  1. 11.1 The Company may suspend the provision of all or part of the Service from time to time for system maintenance. the Company may suspend the provision of all or part of the Service without prior notice to the User if any of the following applies:
    1. (1) When maintenance of the facilities, etc. of the Service is performed on a regular basis or due to urgent necessity;
    2. (2) The occurrence of system failures, interruption of communication lines, or other operational or technical troubles outside the control of the Company;
    3. (3) Inability to provide the Service due to fire, power outage, etc.;
    4. (4) When it becomes difficult to provide the Service due to natural disasters such as earthquakes, floods, or tsunamis;
    5. (5) When the Company determines that suspension is necessary for environmental, operational, or technical reasons.
  2. 11.2 The Company shall endeavor to provide the Service on a continuous basis but shall not be obligated to do more than that. Accordingly, Users acknowledge and agree that, even if the provision of the Service is delayed or suspended due to the reasons set forth in the preceding paragraph or any other reasons, the Company shall not be liable for any damages incurred by the User or any third party as a result thereof.

Article 12. Prohibition of Assignment

Users may not assign, transfer, license, pledge, or otherwise encumber all or part of their User status of the User.

Article 13. Disputes with Third Parties

  1. 13.1 IN THE EVENT THAT A DISPUTE ARISES BETWEEN A USER AND A THIRD PARTY IN CONNECTION WITH THE SERVICE, THE USER SHALL RESOLVE SUCH DISPUTE AT THE USER’S OWN RESPONSIBILITY AND EXPENSE, AND SHALL HOLD HARMLESS AND INDEMNIFY THE COMPANY, OTHER USERS, AND THIRD PARTIES FOR ANY DAMAGES ARISING FROM OR IN CONNECTION WITH SUCH DISPUTE, PROVIDED, HOWEVER, THAT THIS SECTION SHALL NOT APPLY TO THE EXTENT THAT SUCH DISPUTE IS DIRECTLY CAUSED BY THE COMPANY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
  2. 13.2 USERS SHALL INDEMNIFY AND HOLD HARMLESS THE COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH THE USER’S INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY.

Article 14. Discontinuation and Suspension of the Service

  1. 14.1 The Company may, at its own discretion, discontinue or suspend all or part of the Service at any time by providing prior notice to the Users.
  2. 14.2 Notice to the Users shall be given by posting on the Website or by any other method deemed appropriate by the Company.
  3. 14.3 EVEN IF A USER INCURS DAMAGES AS A RESULT OF THE DISCONTINUATION (INCLUDING THE DISCONTINUATION OF VOTING ITSELF, AND THE CANCELLATION OF VOTE COUNTING OR ANNOUNCEMENT OF THE RESULTS OF THE VOTE COUNTING) OR SUSPENSION OF THE SERVICE, THE COMPANY SHALL NOT BE LIABLE WHATSOEVER (THESE TERMS OF USE DO NOT GRANT ANY RIGHTS WHATSOEVER TO USERS; EVEN IF, IN THE UNLIKELY EVENT THAT THE USER’S VOTING ACTIVITIES BECOME FUTILE AS A RESULT OF THE DISCONTINUATION OF THE SERVICE OR OTHERWISE, NO RIGHTS ENTITLING THE USER TO SEEK LEGAL REMEDIES SHALL ARISE).

Article 15. Language, Governing Law, and Jurisdiction

These Terms of Use are drafted in Japanese, and the Japanese version shall be the authentic text. Translations of these Terms of Use into other languages are provided for reference purposes only, and even if there are any inconsistencies with the Japanese version, such translated portions shall not be binding on the Company or the Users. These Terms of Use shall be governed by and construed in accordance with the laws of Japan, without applying the principles of conflict of laws. Any and all disputes relating to these Terms of Use shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance. However, if otherwise provided by mandatory laws or regulations of the country or region where the User resides as a consumer, such mandatory laws or regulations shall prevail.