PiracyTakedown

Terms of service

These Terms of Service (the “Terms”) apply to the services entrusted by a client (the “User”) to Epic Software, LLC. (the “Company”). These services (the “Entrusted Services”) are specifically defined in Article 3.

The User may entrust the Entrusted Services to the Company only in accordance with these Terms. When the Company performs the Entrusted Services, the User is deemed to have agreed to these Terms.

Definitions

The following terms have the meanings set out below.

  • Pirated content
    An unlawful copy of legitimate content made without following the proper procedures for copying that content.
  • Cyberlocker
    A service that allows data to be uploaded to the Internet and downloaded by an unspecified number of people. This does not include services intended for private use, such as services limited to an individual or a restricted audience.
  • Linking site
    A website that does not host the content itself, but provides a list of, or a searchable collection of, links to content hosted on other websites, for the purpose of directing visitors to particular content.
  • Takedown request
    A request to a cyberlocker operator to remove pirated content, sent by email, through a takedown request form on a website, or by other such means.
  • Search result removal request
    A request to Google or Bing to stop displaying a linking site in search results.

Entrustment of services

The User entrusts the following Entrusted Services to the Company, and the Company accepts them, subject to these Terms. Contracting procedures shall be as prescribed by the Company.

  • Searching for pirated content of products identified by the User to the Company.
  • Sending takedown requests to cyberlockers hosting the pirated content found.
  • Confirming that cyberlockers have removed the pirated content.
  • Sending search result removal requests concerning linking sites if the User so requests.
  • Other services agreed upon through consultation between the User and the Company.

The search service in item 1 of the preceding paragraph shall be performed the number of times separately specified by the User.

The User must provide the Company with the information necessary for the Entrusted Services by the method specified by the Company.

The Company shall perform regular maintenance to ensure the smooth provision of the Entrusted Services. The Company shall not be liable to the User or any third party for being unable to perform the Entrusted Services during such maintenance.

Billing and payment

Fees for the Entrusted Services shall be calculated in accordance with the provisions on the website concerning the Entrusted Services (http://ja.piracytakedown.com/, the “Website”). Where fees accrue monthly, they shall also accrue for the month in which the contract under these Terms is terminated and shall not be prorated.

To entrust services for a fee, the User must apply in accordance with the procedures prescribed by the Company.

Payment methods and other payment arrangements shall be separately determined in accordance with the Website or through consultation between the User and the Company. Payment processing fees shall be borne by the User.

If the User delays payment of an obligation owed to the Company under these Terms, any right to pay that obligation in installments shall be forfeited. The Company may charge late payment interest on the overdue amount at an annual rate of 15%, calculated according to the number of days from the day after the payment due date through the day before payment is made.

The Company shall not refund fees already paid for any reason.

Reports on the services

The Company shall report to the User on the status and other aspects of the performance of the Entrusted Services through the Website.

Notwithstanding the preceding paragraph, if the User considers it necessary, the User may request a report from the Company on the status and other aspects of the performance of the Entrusted Services, or conduct an inspection.

Assignment of rights and contractual status

Neither the User nor the Company may, without the other party’s prior written consent, transfer its contractual status under these Terms to a third party, or assign, have a third party assume, or pledge as security all or any part of the rights and obligations arising from these Terms.

Confidentiality

The User and the Company shall handle with the care of a prudent manager all personal information (as defined in Article 2, paragraph 1 of the Act on the Protection of Personal Information), customer information, business information, and all other information disclosed or provided by the other party in connection with these Terms (collectively, “Confidential Information”). Without the other party’s prior written consent, neither party may use such information for purposes other than the purposes of these Terms and the improvement of the Entrusted Services, or disclose or provide it to a third party. However, the following exceptions apply to Confidential Information other than personal information and customer information:

  • Information that becomes publicly known, whether before or after disclosure or provision.
  • Information already held by the receiving party when it was disclosed or provided.
  • Information independently obtained without relying on the disclosure or provision.
  • Information lawfully obtained from a duly authorized third party without any confidentiality obligation.

The confidentiality obligations in this section shall survive termination of these Terms.

Exclusion of antisocial forces

The User and the Company each represent and warrant that none of the following applies to them, either now or in the future:

  • Being an organized crime group, a member of such a group, a person who ceased to be a member less than five years ago, an associate member, a company affiliated with such a group, a corporate extortionist, a person or group claiming to engage in social or political activism for unlawful purposes, a crime group with specialized expertise, or any equivalent person or group (collectively, “Antisocial Forces”).
  • Having a relationship in which Antisocial Forces are considered to control management.
  • Having a relationship in which Antisocial Forces are considered to be substantially involved in management.
  • Having a relationship involving the improper use of Antisocial Forces, including for the purpose of obtaining an unlawful benefit for oneself or a third party, or causing damage to a third party.
  • Having a relationship involving the provision of funds or benefits to Antisocial Forces, or other such involvement.
  • Having officers or persons substantially involved in management who have a socially reprehensible relationship with Antisocial Forces.
  • Making violent demands, using threats, making unreasonable demands beyond legal responsibility, or damaging another person’s reputation or obstructing their business through rumors, deception, or force, either directly or through a third party.

If either party is found to have breached the representations and warranties in the preceding paragraph by falling under any of its items, the other party may immediately terminate all contracts between the parties, including the contract under these Terms, without any demand for performance, and may claim compensation for damages suffered.

Damages and disclaimer

If either party suffers damage attributable to the other party in connection with the performance of these Terms, it may claim compensation from the other party only for ordinary and direct damage actually suffered.

The Company does not guarantee that the Entrusted Services will produce any particular result. Accordingly, the Company shall not be liable if content is not removed or search results are not suppressed following a takedown request or search result removal request.

Termination

The Company may terminate the contract under these Terms by notifying the User at least one month in advance. The Company shall not be liable for any resulting damage to the User.

Either party may immediately terminate all or part of the contract under these Terms without any demand for performance if any of the following occurs with respect to the other party:

  • Gross negligence or a breach of trust.
  • Suspension of payments, or a petition for provisional attachment, attachment, auction, commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, or special liquidation.
  • Suspension of transactions by a clearing house.
  • Enforcement proceedings for delinquent taxes or other public charges.
  • Any other serious circumstance comparable to the preceding items that makes it difficult to continue the contract under these Terms or an individual contract.

If either party breaches any provision of these Terms and fails to remedy its default after receiving a demand for performance specifying a reasonable period, the other party may terminate all or part of the contract under these Terms.

Governing law and jurisdiction

These Terms shall be interpreted in accordance with Japanese law. If a dispute concerning these Terms cannot be resolved amicably through consultation between the parties, the User and the Company agree that the Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.

Consultation

Any matter not provided for in these Terms, or any question concerning their interpretation, shall be resolved through good-faith consultation between the User and the Company.

Contract term

The service contract shall be a monthly contract. Unless otherwise provided in these Terms, its term shall run from the application date to the corresponding date in the following month. The contract shall renew automatically unless notice of non-renewal is given by the end of the contract term.