Terms of Service

These terms of service (herein referred to as “the Agreement”) constitute a comprehensive set of provisions and stipulations regulating the utilization of the FishDays, a comprehensive fishing information and social media service (herein referred to as “the Service”), offered by zukan.com Inc. through both its smartphone application and website platform. It is mandatory for all registered patrons (herein referred to as “Subscribers”) to abide by the terms outlined in the Agreement while utilizing the Service.

Article 1 (Scope of Application)

1. The Agreement shall encompass all aspects of the utilization of the Service as they pertain to the interaction between Subscribers and us, the company.

2. We may enact supplementary guidelines and regulations (hereafter referred to as “Supplementary Provisions”) for the utilization of the Service in addition to the Agreement. These Supplementary Provisions shall be considered integral to the Agreement, regardless of their titles.

3. In the event of any contradiction between the provisions of the Agreement and the Supplementary Provisions, the provisions of the Supplementary Provisions shall take precedence, unless otherwise indicated within the Supplementary Provisions.

Article 2 (Subscriber Registration)

1. The Service provides the ability to view a selection or all of the contributions, comments, and evaluations from other Subscribers without the need for registration. However, activities such as making contributions, commenting, and evaluating necessitate Subscriber registration.

2. The registrant must submit a request for Subscriber registration in accordance with the procedure specified by us after having agreed to the Agreement and the separately established privacy policy.Subscriber registration will be validated upon receipt of notification of approval from us.

3. An account is intended for the exclusive use of one Subscriber. In the event that the use of multiple accounts is confirmed, all such accounts may be terminated.

4. The Service cannot accommodate Subscribers below the age of 13.

5. We reserve the right to deny a request for Subscriber registration if we determine that any of the following reasons apply to the registrant, and are not obligated to provide a reason for doing so.

Submission of false information in the Subscriber registration request
Violation of the Agreement by the registrant
Any other circumstances in which we deem Subscriber registration to be inappropriate.

Article 3 (Information Management)

1. Access to the Service may be facilitated through SMS verification.

2. The Subscriber bears the responsibility of ensuring the proper handling of information related to login, as outlined above.

3. Under no circumstances shall the Subscriber engage in the transfer or loan of login information to any third-party entity, or otherwise divulge such information.

4. Should login information correspond with registered information and a successful login is performed, it shall be deemed that the Subscriber who has registered under the given identification has utilized the Service.

5. We shall not be held liable for any damages incurred through the unauthorized usage of login information by a third party, except in instances of intentional or gross negligence on our part.

Article 4 (Usage Fees and Payment Procedures)

1. The Subscriber is obliged to remit the fees for the use of paid portions of the Service, as determined and displayed by us on the Service, via the payment method specified by us.

2. In the event of delay in the payment of usage fees, the Subscriber shall be subject to a late payment fee, which shall accrue at a rate of 14.6% per annum.

Article 5 (Subscriber Accounts)

1. The Service offers two account categories: the General Account and the Business Account.

2. A General Account is intended for personal use of the Service.

3. A Business Account is designed for entities engaged in fishing-related endeavors, including fishing tackle retailers, fishing vessels, and fishing equipment manufacturers.

4. The use of a Business Account is subject to conditions such as post count and billing, as determined separately by us, and affords the Subscriber the ability to engage in advertising-related posts, which are otherwise prohibited under Article 6.

5. In utilizing a corporate account, the client shall adhere to usage protocols, such as the frequency of posts and invoicing, as unambiguously established by us.

Article 6 (Prohibitions)

Subscribers are prohibited from engaging in the following activities in connection with the utilization of the Service:

1. Conduct that contravenes laws or public order and morals

2. Criminal activities

3. Disrespectful behavior towards other Subscribers

4. Posting content unrelated to fishing reports

5. Acquiring information beyond that which has been posted by the Subscriber, such as fishing locations and results

6. Interfering with or disrupting the functions of our server, the servers of other Subscribers, or third parties

7. Conduct that may hinder the operation of the Service

8. Gathering or amassing personal information of other Subscribers without authorization

9. Unauthorized access or attempted unauthorized access

10. Maintaining multiple accounts under a single name

11. Using two or more phone numbers on a single device for SMS verification purposes

12. Impersonating others

13. Providing direct or indirect support to anti-social forces in connection with the Service

14. Making repeated unjust requests or claims to us

15. Infringing on the intellectual property rights, portrait rights, privacy, dignity or other rights or interests of ours, other Subscribers of the Service, or third parties

16. Posting or transmitting content on the Service that includes or is considered by us to include the following expressions:

Excessively violent language
Explicit sexual content
Language that may lead to discrimination based on race, nationality, beliefs, gender, social status, or family background
Expressions that encourage or induce suicide, self-harm, or drug abuse
Other anti-social expressions that may cause discomfort to others.

17. Actions that us deems to have the following purposes or objectives:

Business, advertising, solicitation, and other activities aimed at generating profit (excluding the sharing of knowledge and information as deemed necessary by us and approved by us)
Actions aimed at sexual or obscene acts
Actions aimed at meeting and dating other Subscribers without prior acquaintance
Actions aimed at harassing or defaming other Subscribers
Actions aimed at causing harm, loss, or discomfort to us, other Subscribers of the Service, or third parties
Actions that use the Service for purposes other than those intended by the Service
Religious activities or solicitation for religious organizations
Soliciting unlimited chain lectures, chain sales transactions, etc
Guiding to adult sites, one-click fraud sites, etc
Other actions deemed inappropriate by us

Article 7: Service Interruptions

We reserve the right to temporarily halt or suspend all or a portion of the Service, without prior notification to the Subscriber, in the event of any of the following circumstances:

1. In the event of maintenance or system updates related to the Service.

2. Unforeseeable circumstances such as natural disasters, fires, power outages, or other acts of God that impede the provision of the Service.

3. Accidental malfunctions or failures of computer or communication systems.

4. Any other situation in which we determine the continuation of the Service to be unfeasible.

5. It is to be noted that we shall not be held liable for any losses or damages incurred by the Subscriber or a third party as a result of such interruptions or suspensions of the Service.

Article 8: Intellectual Property

1. Subscribers of the Service are expected to only post or upload information such as text, images, and videos for which they hold the necessary intellectual property rights or have obtained proper permissions from the relevant rightsholders.

2. The copyright of all content uploaded by the Subscriber through the Service shall remain with the Subscriber and any other applicable rightsholders. However, within the limits of the following provisions, the Subscriber grants us and our affiliates the right to utilize such content for the following purposes:

The improvement and enhancement of the Service.
Marketing and promoting the Service.
The creation of derivative web Services, smartphone applications, and publishing.

3. All copyrights and other intellectual property rights associated with the Service and its related information are the property of us or the rights holders who have granted us the right to use such information. Unauthorized duplication, transfer, lending, translation, modification, reproduction, transmission, distribution, publication, or commercial use of such information is strictly prohibited.

Article 9: Prohibitions and Termination of Registration

We reserve the right, without prior notification, to remove any posted data, limit the utilization of the Service in its entirety or partially, or revoke the Subscriber’s registration, in the event that the Subscriber falls under any of the following circumstances:

1. In the case of the occurrence of any of the following scenarios:

2. The presence of erroneous information within the registration details

3. The non-compliance of payment obligations such as fees

4. The failure to respond to correspondence from us within a specified time frame

5. The lack of utilization of the Service for a designated period following the last usage

6. If we deem the use of the Service to be inappropriate for any other reason

7. Should any of the aforementioned apply, the Subscriber must promptly settle all outstanding obligations and forfeit the advantage of any grace periods for all debts owed to us.

8. We shall not be held accountable for any damages suffered by the Subscriber as a result of actions taken by us in accordance with the clause.

Article 10 (Removal and Revision of Posts)

1. Subscribers have the capability to remove and revise their own posts.

2. In the event that we decide to remove a post due to a violation of the Agreement, any related comments will also be removed.

3. We may, at our discretion, remove posts or comments that violate the Agreement.

Article 11 (Withdrawal and Account Deletion)

1. Subscribers may initiate the process of account deletion from the Service through the methods established by us.

2. Upon initiating the process of account deletion, the Subscriber’s account will be deleted, along with any posts and comments made prior to this action.

3. Re-registration using the same login information is not permitted for an account that has been deleted.

4. We reserve the right to retain posts made by accounts that have been deleted.

Article 12 (Exclusions and Limitations of Liability)

1. We shall not provide any express or implied warranty of the absence of any factual or legal flaws (including, but not limited to, deficiencies in safety, dependability, precision, exhaustiveness, legitimacy, suitability for a specific purpose, security, mistakes or glitches, and violations of rights) in the Service.

2. We shall not be held accountable for any injuries sustained by the Subscriber as a consequence of the Service. Nevertheless, this exemption from liability shall not be applicable if the accord between us and the Subscriber regarding the Service (including theAgreement) constitutes a consumer agreement as defined by the Consumer Contract Law.

3. We may modify theAgreement at its discretion and without prior notification to the Subscriber if deemed necessary.

4. Despite the provisions set forth in the previous paragraph, we shall not be responsible for any special damages sustained by the Subscriber due to our breach of contract or tort (excluding gross negligence) (including damages that we or the Subscriber ought to have anticipated or ought to have foreseen with due care). Furthermore, remuneration for damages sustained by the Subscriber resulting from our breach of contract or tort (excluding gross negligence) shall be capped at the amount of fees received by us from the Subscriber in the month in which such damages occurred.

5. We shall not be held accountable for any dealings, communications, disputes, or the like that arise between the Subscriber and any other Subscribers or third parties in connection with the Service.

Article 13 (Modification of Service Content)

We retain the prerogative to alter the Service’s content or to discontinue its provision, without providing prior notice to the Subscriber. The Subscriber shall hold us exempt from any harm that may arise as a result of such modifications.

Article 14 (Revision of the Agreement)

The modified Agreement shall come into effect once published on the Service.

Article 15 (Protection of Confidential Information)

We shall handle confidential information obtained through the use of the Service in accordance with our established “Privacy Policy.”

Article 16 (Notifications and Communications)

Notifications and communications between the Subscriber and us shall be conducted in the manner specified by us. We shall consider the contact information registered by the Subscriber at the time of communication to be valid, unless otherwise altered in accordance with the procedures set forth by us. We shall send notifications and communications to the aforementioned contact information. The Subscriber shall be considered to have received such notifications and communications upon dispatch.

Article 17 (Non-Assignability of Rights and Obligations)

The Subscriber shall not transfer or pledge their position under the Agreement, or the rights and obligations derived therefrom, without obtaining prior written consent from us.

Article 18( Language)

The Agreement is made in Japanese and translated into English. The Japanese text is the original and the English text is for reference purposes. If there is any conflict or inconsistency between these two texts, the Japanese text shall take precedence.

Article 19 (Governing Law and Jurisdiction)

The interpretation and enforcement of the Agreement shall be governed by Japanese law. In the event of a dispute arising from the Service, the Tokyo District Court shall have exclusive jurisdiction.

Established on December 6, 2022
Revised on February 13, 2023