Those wishing to register to use Our Services, consent to the terms within This Document when applying to register to use an FC2ID. Those registered to use an FC2ID (Hereby referred to as or "Member(s)"), or all those (including Members) who potentially use any of Our Services (Hereby referred to as "User(s)") consent to holding full liability.
2. Using Our Services.
- FC2ID Application and Consent
An FC2ID application constitutes FC2 lending a User ID and password, necessary for use of Our Service. However, in the event that information supplied by the User during application contains falsehoods, or in the event that FC2 concludes that a User's use of FC2ID is inappropriate, FC2 retains the right to cancel any Members' FC2ID. FC2 is not obligated to notify the Member about the cancellation.
- Notice and Contact
FC2 will notify users about necessary information, in a matter FC2 considers appropriate, including through FC2's website or e-mail etc. In this case, FC2 may use the information submitted by the users (including information provided by third-party service with user's consent). When such notices are sent by email or over our website, they may come into effect from the point they were sent. Users do not retain any right to refuse emails from FC2, and Users are obligated to inform us of any change in contact email address, immediately. Users acknowledge that FC2 does not accept contact by phone, fax or visitation. All notices which require replies must be replied to within specified period by FC2. If FC2 does not receive a confirmed reply within this period, FC2 retains the right to freeze and/or cancel Users' account(s).
- Registered E-mail Address, User ID and Password
Users are held fully responsible for their registered email addresses, User Ids and Passwords. By applying, Users agree that FC2 cannot be held accountable for any loss or damage caused by a User's mistake and/or inproper use by a third party. Furthermore, FC2 is not obligated to reissue Users' email address, User ID or password.
- Transfer/Sale of Service Privileges
Users are in no way permitted to sell, transfer or loan their FC2ID and/or service privileges to a third party without expressed approval from FC2, nor may these be shared in a way that detriments FC2.
All Users are required to have Internet access in order to use FC2 services. This Internet access will need to be installed and maintained at the User's own expense. FC2 is in no way responsible for arranging Internet access for Users.
- Traffic and Domain
FC2 retains the right to set and alter limitations to file sizes, savable domain space, and data transfer on its services, where otherwise undefined, and may do so at our own discretion.
- User Content
Members retain copyright and other privileges for all original, accessible information and creations on forums, blogs, websites and other FC2 services that they themselves create (Hereby referred to as "User Content" or "Content"). All User Content may be edited, translated, published, performed, presented, promoted, distributed or used for any other reason, by FC2 unconditionally. This is essential for the continual running of FC2 Services. Users consent to this.
- Third Party Contents
Users and/or Members may use, trade or download software from third party individual or business services when using Our Services. In this case the User must have permission or an agreement with the third party, separate from This Document. This Document has no legal affect on said separate agreement.
- Agent of Payee
3. Pay-for-use Services and FC2 Points
4. Prohibited Conduct and Bans
- FC2 expressly prohibits the following conduct, or any corresponding conduct as determined by FC2, on Our Services. FC2 retains the right to ban, without warning, any User who has engaged in prohibited acts or conduct, or take any possible form of legal action; and may demand compensation or reparations from any User who caused any form of damage to FC2 or a third party.
Please refer here to see our Copyright Guideline.
- Breaching the trust of, or defaming other Users or third parties.Infringing others' Privacy rights, Image rights etc.
- Infringing on other Users' and/or third parties' industrial property rights (patents, trademarks etc.), copyright, trade secrets and/or intellectual property rights.
- Uploading or posting unlawful content, and/or supporting or encouraging illegal activity including but not limited to causing injury, theft, suicide, the use and/or sales of illicit substances as well as acts that encourage, solicit or suggest the use and/or sales of drugs.
- Maintaining content which violates local, regional, national, or international law; in particular that which violates US law.
- Depictions and/or conduct that go against public order or are immoral. Publishing and/or releasing vulgarities, in the form of video, audio, image, text etc. against other Users and/or third parties; or assisting in such an act.
- Hindering, interfering with, disturbing or blocking the use of Our Services to other Users, or engaging in conduct or performing actions which cause difficulty for others; or assisting in such an act.
- Engaging in discrimination against individuals, specific groups, government organizations, nations, products, political administrations, beliefs, ideas, ideologies, race, religion, ethnicity, gender etc. ; or engaging in slander or libel or any similar act that causes defamation to others; or assisting in such an act.
- Claiming to be another individual, business or organization, regardless of whether or not such an entity actually exists; and/or falsely claiming to be partners and/or in collaboration with an organization or business; or other such acts.
- Impersonating FC2, content providers or management, or any other third party.
- Publishing or posting defamatory content or information which could potentially lead to damages to FC2 or FC2's business partner(s).
- Acting in such a way as to place burden on FC2's server(s); disrupting, damaging, limiting or interfering with FC2's or others' computer software, hardware capabilities etc. or assisting in such an act.
- Posting the same, or similar, post or comment repeatedly. Spamming and/or trolling or other such acts.
- Engaging in conduct which is detrimental to the healthy development of, or causes harm to minors (eg. sending or posting violent images or text of child pornography, child prostitution, bestiality, or violence), or anything that promotes or assists such conduct.
- Giving advanced notice of crimes or of actions leading to crime, or posting threatening information which can be viewed by an unspecified number of people.
- Using Our Service(s) as a medium to do illegal business or commit conduct that runs counter to the law.
- Engaging in malignant business practices, our excessive solicitation to advertisements or religion.
- Establishing or recruiting people into pyramid schemes or other similar acts.
- Selling or attempting to sell Our Service(s) to a third party.
- Using, registering or upgrading mass amounts of software or programs, causing high access, and preventing our service from operating as intended.
- Collecting, video recording, duplicating, falsifying, distributing and/or displaying of contents and/or data acquired from Our Services without permission or the use, introduction or suggesting of tools or other means that may promote or encourage these acts.
- Inappropriate use or registration of multiple accounts or other conduct that prevents the stable operation of Our Services.
- Engaging in conduct that is detrimental to FC2 through misappropriate use and/or conducting prohibited actions by taking advantage of bugs, system malfunction etc.
- Acting by deleting or concealing FC2's advertising space, or altering the position, color, size, code or other such properties of advertisements.
- Engaging in any other action which FC2 deems to be inappropriate.
- Users and Members are forbidden to publish or post any prohibited kind of content such as text, image, music, video etc. Even in the event that such data is set as private or limited in its Exposure Settings, applicable data is considered a violation the moment it arrives on FC2 Server(s).
- FC2 retains the right to deem what counts as a violation.
- Precautions when using Premium Services and/or Points
Members who have been deemed to have violated the Terms of Service and have their accounts frozen or canceled, will also have their contracts canceled. Even if this occurs before a contract is due to finish, requests for refunds of remaining money will not be valid. Points that are held by Users shall not be refunded.
5. Content Prohibited by Age
There are pages within Our Services that are may only be viewed by adults (Hereby referred to as "Adult Content"). There is no assurance that the services provided within the Adult Content area(s) of Our Services will include sexual content.
- Conditions of Use of Adult Content
- Adult Content on Our Services is only permitted to be viewed by those of the age of 18 or over. Viewing by Users and Members below the age of 18 is prohibited.
- Publishing of Adult Content shall be restricted to the Adult areas within Our Services.
- Publishing Adult Content on Our Services that includes performers, subjects and models etc. that are under the age of 18, or cannot prove that they are above the age of 18, is prohibited.
6. Limitation of Liability
FC2 takes absolutely no responsibility for any of the following.
- FC2 is in no way liable or responsible for content that users create themselves on Our Service(s) (Hereby referred to as "User Content" or "Content".) Users retain full statutory liability, including any and all court costs or damage payments due to their User Content. Also, content violating laws and/or regulations, as well as violating others' privacy or intellectual property rights; or libelous, defamatory or intimidatory content; and/or immoral or obscene content is the full responsibility of the User to delete swiftly. FC2 does not take responsibility for any User Content, and is not responsible to Users or third parties whatsoever.
- FC2 cannot be held accountable for any trouble you experience during use of Our Service(s). Users are responsible for managing their content. As such, if Users are in anyway harmed or experience damage or loss due to another User's Content FC2 is in no way responsible for compensation. This is especially true for Users engaged in business, who are obligated to explicitly specify the contractual relationship between themselves and other Users. All Users engaged in business, using FC2 Service(s), must attempt to prevent or resolve any potential or resulting issues between themselves and others.
- FC2 is not obligated to monitor or delete User Contents. Users retain all responsibility for all their Content. FC2 is not accountable for any damage or loss caused to Users or third parties due to any such Content.
- In such cases where a User is harming or causing damage to other Users and/or third parties; FC2 retains the right to, and shall not be held liable for, deleting and/or freezing the applicable User's ID and/or Contents, without forewarning, and at FC2's own discretion.
- FC2 shall not be held responsible for any loss of data due to system failure or file corruption etc. Users shall take their own backup of data relating to User Content. FC2 shall not guarantee the integrity and security for any User Content data, in any way.
- FC2 will not disclose any personal information that Members/Users present us, such as your address, name, e-mail address, telephone number, fax number, etc. (Hereby referred to as "Personal Information") to other Users or third parties without the consent of the User. However, in the following cases FC2 retains the right to disclose Personal Information to third parties.
- Public institutions such as courts or the police, lawfully appeal for an inquiry.
- There appears to be imminent danger to a person's life, physical wellbeing, and/or property; and FC2 finds an urgent need to disclose the information.
- The sharing or disclosure of information is found to be necessary by FC2, in order to provide desired Service(s).
- FC2 finds it necessary to disclose the information to other company(s) working with us, to better provide Service(s) to Users. (Such companies may not use Users' Personal Information, that FC2 provides them, in anyway that exceeds what is necessary to reach the intention stated above.)
- FC2 finds it necessary to disclose such information in order to restore or prevent a reduction in FC2's SEO, Service Quality etc.; due to actions or conduct conducted by a User or Member.
- FC2 accepts no responsibility for any damage or losses incurred to Users accessing external links posted on Our Services' content or in a User's Content. All Users must acknowledge that FC2 can not be held accountable for the security, validity, integrity or accuracy of the information on any external sites.
- FC2 takes no responsibility for any damages or losses incurred from Users using Our Service(s), Users not being able to use Our Service(s) or Users not using Our Service(s).
- Our Services are managed and provided by FC2 from equipment within the United States of America. FC2 makes no assertion to the appropriateness or usability of Our Services in regards to their use in regions outside the United States of America. In the event that a User accesses from another legal jurisdiction, shall do so on their own volition, and be totally responsible for legal compliance of their place of access.
- When you withdraw from FC2ID, you will lose any and all rights such as to use all FC2 Services including getting prizes in campaigns by FC2.
- Your FC2 Points will become invalid when you withdraw from FC2ID and, FC2 is unable to support any refunds or converting of FC2 Points.
- FC2 shall not support any reinstatement of any of Our Services after cancellation of the Services.
- If there is any difference or a contradiction between This Document and the translated version, the original version will be given priority.
9. Discontinuation of FC2 Service(s)
- FC2 retains the right to modify Our Service(s) without forewarning Users.
- FC2 may also, due to maintenance, system restoration, power failure, natural disaster or any other Force Majeure; permanently or temporarily discontinue any number of Our Service(s). In such cases we will attempt to notify Users beforehand; but in emergencies we may not be able to.
- FC2 retains the right to modify Service(s), or partially or completely discontinue Service(s) at FC2's discretion, at any time FC2 deems appropriate. When or after a Service(s) is discontinued or erased, FC2 retains the right to deem whether or not to erase all posted data on FC2 servers (or third party servers used by FC2).
- FC2 is not liable to any Users, and is not responsible for any damages or losses incurred due to the discontinuation of Our Service(s) for any reason.
10. Guarantee Limitations
FC2 will always try as hard as possible to maintain stability in Our Service(s), business practices, use and effects of use. However, FC2 does not guarantee any of the following.
- Continual operation. Operation of Service(s) without interruption.
- Total or complete recovery or restoration of any Service(s) that experiences a defect or bug.
- That destructive and/or malicious components such as computer viruses do not exist within Our Service(s).
- Provision of security methods to secure against the above 3 items.
11. Force Majeure
- Any disputes resulting from the use of Our Service(s), will be resolved through arbitrary proceedings recognized by Netherlands.
- If a resolution cannot be made through arbitration, a Netherlands Court receives exclusive jurisdiction rights.
- A contract may be created between the merchant and cardholder, where in this case, the governing jurisdiction would be Netherland. All disputes resulting from this contract will be resolved through arbitrary proceedings recognized by Netherlands, and not by the above clause. If a resolution cannot be made through arbitration, a Netherlands Court receives exclusive jurisdiction rights.
- The parties concerned are responsible for their own legal costs in court and arbitration. A contract may be created between the merchant and cardholder, where the governing jurisidiction is Netherlands. All disputes resulting from the contract will be resolved through arbitrary proceedings recognized by Netherlands. if a resolution cannot be made through atbitration, a Netherlands Court received exclusive jurisdiction rights.
- If any clauses in This Document are found to be invalid, or otherwise non-binding, by a court; all other clauses will still remain as valid and binding.
- All business relating to placing advertising on Our Service(s) is the responsibility of Users and corresponding advertisers. FC2 holds no responsibility for any losses or damages suffered, due to the posting of advertising on Our Service(s).
- FC2 may modify advertising space, position and/or display duration without forewarning. Users agree to and acknowledge this.
15. Refunds and Returns Policy
- You are to bear commission, tax or lump-sum payment for each premium service.
- When the payment for the initial registration or renewal is not made until the specified date, we consider that you do not intend to register or renew your premium membership and will terminates the contract.
- Even if we cannot collect a charge from a card company or its agency, you must agree to make a payment charged by us.
- When you approve billing to the credit card you specified, (we receive advance payment from a credit card company), we consider that you accept not only the billing you approved but also all the billing form the FC2 premium services you use (until the user cancels the premium services and cancellation procedure is completed) as long as the credit card is valid. In order to use a credit card, you must agree to this clause.
- We may revise charges or contents of premium services without users' approval. And also the revised charges will be applied when you renew your contract of a premium service.
- Payment must be made by the method we specify. When you make a payment by other methods or when losses are caused by it, we are not liable for them.
- Users agree to the fact that they cannot shorten the contract period of Premium Services.
- No requests for refunds, after purchasing Points or agreeing to use Premium Services, will be valid under any circumstances.
- In the event of a request for chargeback from a credit card company, the corresponding account shall be suspended.
1. The Service
This Service is a service provided by FC2 to sell and/or purchase digital content.
An application made by a User shall be deemed complete when they agree to This Document and fill out all of the required items.
The qualifications for use of This Service shall be as follows:
- This Document will be read, acknowledge, agreed to and will be upheld,
- No false registered information,
- No record of being previously banned by FC2,
- Amicable and polite contact with FC2 will be carried out,
- Users of This Service are older than 18.
- Upon using this Service, Users shall agree to respect social rules and be amicable and refrain from all types of direct mailing, including excessive volumes of E-mails and/or sending them without prior approval from the recipient using an e-mail service.
- Should there be a change in details and information used to apply for membership, Users themselves shall change the necessary areas and items immediately after logging in.
- Requests for content changes made to FC2 by e-mail or inquiry form shall be invalid.
- Seller Users who use This Service shall be responsible for submitting identity confirmation documents issued by an official body in a timely and manner if a request is made by FC2.
3. Personal Information and Protection
4.Prohibited Conduct and Bans
Prohibited Conduct and Bans in the Fundamental Guidelines are prohibited.
FC2 retains the right to take any legal action and/or procedures including, cancelling the sale of content, invalidation of FC2 Points and termination of accounts against Users who infringe upon Prohibited Conduct and Bans.
FC2 shall determine whether the actions or forbearance of a User or other accessing party fall under the prohibited items in this article.
FC2 will not be responsible or financially liable for steps taken against posts, etc. including erasure and/or deletion of posts that infringe upon this article. The User or relevant party shall compensate FC2 and/or related third parties for damages incurred by prohibited actions made.
- Duplicate postings of the same content,
Multiple postings of the same content is prohibited. This also applies to posting content again that has already been deleted.
- Installing files to external servers or other companies,
The file of the content to be sold must be uploaded to the FC2 Content Market server.
- Posts with intentions other than selling,
Distributing advertisements and samples, etc. and posting non-sales related posts are prohibited.
- Acts that guide Users, etc. to another company,
Guiding or luring Users to other companies through the links, etc. on the content market is prohibited. (Excluding links to a Seller's blog, homepage or tools including, video play software or file decompression software.)
- Posting to an inappropriate genre,
Registering content to an unsuitable genre, selling photo-only content in the video genre, etc. is forbidden. If both video and photos are being sold together, then of the photos and video, whichever takes up the most data will determine which genre the content will be posted to. The posting of content that includes adult content to General Contents is prohibited.
- The posting of content where children or minors are the subject,
The posting of content expressing, advertising and/or suggesting content of persons who can be specifically determined as being a baby, infant, child or minor.
The displaying of adult content that contains subjects or performers that are under the age of 18 or cannot be proven to be over the age of 18 is prohibited.
- The posting of unpleasant or unwelcome content,
The posting of content that is generally accepted as being sensually unpleasant or disturbing that depicts or expresses slander, violence/harm (Hard SM, waste (Scatology) included), bestiality, etc. regardless of format is forbidden.
- The use of images that have not undergone concealment processing,
Insufficient concealment or hiding of genitals, or the genitals in contact in thumbnail images or images used within the content is prohibited.
- The selling of ambiguous or information with little evidence or honest grounds,
The selling of information for which there is little evidence or ambiguous information is prohibited.
The selling of products that are clearly lacking content is prohibited. (e.g. Number of videos, images, etc.)
- The selling of content that is lacking the necessary information or has a misleading description,
The selling of products that mislead the purchaser so as to buy the product.
The selling of products that do not have the necessary information, e.g. the broadcast length of a video or number of images, etc.
- Reproducing or reselling content,
The reselling and reposting of content after purchase is prohibited.
- Sales of products with high liquidity,
The selling of products such as gift cards, etc. with high liquidity or content with the intention of converting FC2 Points is forbidden.
5.Limitation of Liability
FC2 shall bear no responsibility for the following items in addition to the Fundamental Guideline's Limitation of Liability items:
- FC2 does not guarantee the storage of User data and will not be responsible nor be liable for damages for the erasure or deletion of User data saved to This Service.
- Replacements or cancellations will not be accepted for any reason including properties of the product.
- FC2 will not be responsible for damages to Users if This Service ends or is terminated for whatever reason.
Every time content uploaded to This Service is sold through the general content 20% of the price, and 30% of the sale price of adult content sale prices for content will be collected as a sales commission fee.
The sales commission fee will be deducted from the sales price of content when it is sold, and the remainder will be provided in the form of points. If multiple content is sold at the same time, the above listed sales commission fees will be deducted from each individual item.
- Actions involving the use of a credit card registered to FC2 card payment service for This Service under a name that is different to the card holder's name is prohibited.
- The use of credit cards lost by or stolen from a third party, or the use of counterfeit and/or altered cards as a registered card is prohibited.
- Users shall be responsible for damages or loss, etc. incurred from the improper or illegal use by the User. FC2 will not be liable for any illegal or improper use.
8.Cancellation of Sales
If sales are cancelled by a credit card company due to illegal or improper use of a credit card or it being rejected, etc. FC2 shall be able to cancel a User's sale or sales, and will be able to deduct points equal to the cancelled amount from a User’s points in possession.
9.Withdrawal and Registration Cancellation
If a User withdraws from This Service, they shall do so through the FC2ID administration screen. All rights afforded to Users of This Service will be lost upon completing withdrawal from This Service.
FC2 will be able to terminate this contract without notice for any of the following reasons:
- If Users do not follow the articles and items within This Document
- If Users take part in illegal activity.
- If Users take part in Prohibited actions.
- If Users do not fulfil the above defined qualifications to use This Service.
- If it is determined that contact cannot be made by E-mail for reasons including, more than two emails sent from FC2 without reaching the addressed User.
10.Changes and Revisions to This Document
Revised: December 11, 2013
Revised: December 24, 2013
Revised: May 1, 2014
Revised: October 27, 2014