Article I (Membership Terms of Use)

Habbit Co., Ltd (hereinafter “Habbit”) operates and provides its services (hereinafter “Habbit Services”) to Habbit members (hereinafter “members”) in accordance to the Habbit Membership Terms of Use (hereinafter “Membership Terms of Use”) which Habbit has stipulated.

In addition to the Habbit Membership Terms of Use, Habbit also stipulates individual terms of use per service it provides (hereinafter “Individual Terms of Use”). In the event an Individual Terms of Use contradicts the Habbit Membership Terms of Use, the Individual Terms of Use shall take precedence.

Unless otherwise provided for, Individual Terms of Use, Habbit Service’s Help/Guide pages, as well as other explanatory pages regarding its services are deemed to constitute Habbit’s Membership Terms of Use. All such applicable content shall be collectively referred to as “Habbit’s Overall Membership Terms of Use,” which is entirely subject to the Standard Adhesion Contract of Terms and Conditions defined by Provision II of Article 548 of the Civil Code of Japan

Members hereby shall utilize Habbit Services upon agreeing to Habbit’s Overall Membership Terms of Use.

 

Article II (Changes to Terms of Use)

When determined necessary by Habbit, Habbit’s Overall Membership Terms of Use may be altered to follow Provision IV of Article 548 of the Civil Code of Japan. Users shall be notified of the intent to make this change, given explanation of how said Habbit’s Overall Membership Terms of Use have changed, and will be informed of when said changes will take effect via the official URL for Habbit Services, e-mail, push notifications, or other methods of contact.

 

Article III (Means of Notifying Members/Means of Members Contacting Habbit)

Habbit shall notify its members via e-mail, the official URLs for Habbit Services, or via any other method deemed appropriate by Habbit.

In the event Habbit sends out a notification via e-mail, Habbit shall deem that said notification has arrived to the member upon sending it out to the designated e-mail address for said member.

In the event Habbit sends out a notification via an official website, Habbit shall deem that said notification has arrived to the member.

Members shall contact Habbit via methods designated by Habbit.

 

Article IV (Membership Registration)

Persons who wish to utilize Habbit Services shall register as Habbit members following the methods designated by Habbit in accordance to its Membership Terms of Use.

Whenever a minor wishes to register as a Habbit member, the individual must receive permission from a legal guardian or other legal representative. Upon having registered as a member, Habbit deems that said minor has received permission from said legal proxy.

 

Article V (User ID & Password)

1. Members shall manage their own user ID and password with utmost scrutiny, and Habbit shall not hold any responsibility for said information being used fraudulently by a third party.
2. Members shall not allow a third party to use their own user ID and/or password as well as lend or transfer said information to a third party.
3. Habbit deems all actions done utilizing Habbit Services via a registered user ID/password as having been committed by the member with said user ID/password, and the effects of said actions are ascribed to the member in question.
4. In the event a member becomes aware of or has the suspicion that their own user ID/password being used by a third party, they are to immediately report the situation to Habbit, then follow all instructions by Habbit to alleviate the matter.

 

Article VI (Prohibition of Transferral)

Habbit forbids the transfer, selling, lending, accession, licensing, or otherwise transferring their membership status, rights to use Habbit Services based on their membership status, membership rights, or obligations as a member to any third party.

 

Article VII (Changes Made to Registered Information)

1. The member shall be held responsible for immediately informing Habbit of all changes made to registered information including but not excluded to the member’s e-mail address, telephone number, credit card details, etc.
2. Habbit shall hold no responsibility whatsoever for any damages and/or losses borne from any negligence regarding changes done to registered information.

 

Article VIII (Unsubscribing)

1. Members who wish to unsubscribe to membership shall do so following the steps designated by Habbit.
2. Any member who chooses to unsubscribe from their membership shall forfeit all privileges associated with being a member, and thus shall become unable to utilize Habbit Services. Furthermore, upon having unsubscribed, the party in question shall not be able to restore the privileges which have been forfeited.
3. In the event Habbit holds a rightful monetary debt/liability towards a member, unsubscribing of membership shall not exempt Habbit from honoring said compensation.
4. Members relinquish their rights to pre-paid/and or services usable via Habbit Services issued by Habbit regarding items, cryptocurrency assets, etc., and excluding scenarios in which other ordinances apply, Habbit shall not be obligated to issue refunds.

 

Article IX (Network Environment When Utilizing Habbit Services)

1. Members are personally responsible for maintaining Internet connectivity, the upkeep of their own electronic device(s), equipment, and software, as well as any expenses incurred in doing so, to utilize Habbit Services.
2. Members are responsible for any and all communication costs which may occur from utilizing Habbit Services.
3. Habbit Services may potentially not be usable as intended when utilizing them via a proxy server, VPN server, etc.

 

Article X (Member Individual Responsibility)

1. In the event a dispute occurs between a member and a third person which concerns the utilization of Habbit Services, the member is responsible for both settling the matter as well as for covering any and all expenses incurred from said dispute.
2. In the event a member causes damages to a third person in connection with their utilization of Habbit Services, the member shall compensate said party for those damages at their own expense for which they are responsible.

 

Article XI (Payment)

1. Members shall pay for any and all fees including but not excluded to usage fees, purchase fees, or carriage fees incurred from utilizing Habbit Services, hereinafter referred to as “charge(s)”, via means of payment designated by Habbit.
2. Members have the ability to pay for said charges via payment methods offered by credit card providers, e-money institutions, mobile carriers, etc. (hereinafter referred to as “payment provider(s).”
3. Members who choose to form a contract with a payment provider, in accordance with Clause Two of Article XI, thereby follow stipulations set by said payment provider; in the event a dispute arises between the member and the payment provider, the member holds all responsible to settle said dispute, and Habbit shall not involve itself in the matter.
4. Any and all transaction fees (limited to those outlined by Habbit) shall be covered by the member.
5. Members, under no circumstance, hold the right to seek restitution for charge payments from Habbit.

 

Article XII (Prohibited Acts)

1. Habbit prohibits the enumerated acts detailed below, which members must acknowledge as such upon utilizing Habbit Services.

(1) Any act which infringes on the copyrights, trademarks, design rights, patent rights, utility model rights, or any other protected intellectual property right of Habbit as well as those of any other third party.

(2) Any act which infringes on the property rights, image rights, publicity rights, personal rights, or the privacy of Habbit as well as those of any other third party.

(3) Any act deemed contrary to the public order and morals.

(4) Any act which violates government ordinances (statutes, regulations, laws, etc.) ordained by the municipalities of Japan.

(5) Any criminal act as well as any act which incites and/or may be tied to criminal activity.

(6) The act of violating a government ordinance which restricts the distribution of lewd material, pornography, child pornography, etc.

(7) The act of posting falsehoods/misinformation.

(8) The act of causing excessive strain on Habbit’s servers.

(9) The act of obstructing Habbit Services from operating.

(10) The act of utilizing Habbit Services for any purpose contrary to the proper purpose for which Habbit Services are provided.

(11) The act of deleting, circumventing, or disabling technical protection measures such as security features put in place for content provided by Habbit Services, DRM (digital rights management), etc.

(12) Any act which inflicts a loss on Habbit and/or a third party.

(13) Any act of slander, libel, coercion, or harassment towards Habbit and/or a third party.

(14) Discrimination towards a third party as well as any act which incites discriminatory conduct.

(15) The act of harvesting and disclosing to the public the personal/privacy information of a third party without their consent.

(16) Any act which infringes the Public Offices Election Act under the Civil Code of Japan as well as pre-election campaigning, campaigning for elections that are ongoing, or any act deemed to fall under such activities.

(17) Any act by a member or third party which utilizes Habbit Services for the purpose of advertising their own operations.

(18) The utilization of Habbit Services for the purpose of a pyramid scheme or any other activity which partakes in multi-level marketing.

(19) The act of posting external links which lead out of Habbit Services.

(20) Any act which hinders and/or disrupts Habbit’s operations.

(21) The act of entering falsehoods/misinformation into Habbit Services.

(22) Any act prohibited by Habbit’s Overall Membership Terms of Use.

(23) Any other act which Habbit deems as inappropriate.

2. Habbit reserves the right to determine whether an act committed by a member constitutes an infraction of any of the enumerated prohibited acts detailed in Clause One of Article XII under its own discretion; furthermore, Habbit is not obligated to explain its reasoning.
3. In the event Habbit determines that a member has committed an act which constitutes an infraction of any of the enumerated prohibited acts detailed in Clause One of Article XII, Habbit reserves the right to take any or all of the enumerated measures, without prior notification to the member, as follows:

(1) Restricting the member’s use of Habbit Services.

(2) The forceful unsubscribing of a member by means of terminating said member’s registration.

(3) Any other action deemed necessary by Habbit.

4. Habbit shall not be held responsible whatsoever for any damages incurred by a member due to measure(s) taken in accordance with Clause Three of Article XII.
5. Habbit reserves the right to seek compensation for any all damages, losses, expenses, etc. (including litigation expenses and lawyer fees incurred by Habbit) incurred due to act(s) taken by a member which violate Habbit’s Overall Membership Terms of Use.

 

Article XIII (Restrictions on Utilizing Habbit Services)

1. Habbit reserves the right to restrict a member’s use of Habbit Services in the situations enumerated as follows:

(1) When there is suspicion of a member’s user ID and/or password being used by a third party.

(2) When there is suspicion of there being falsehoods/misinformation within registered information.

(3) Latent payment for charges as well as in the likely event that said payment may be latent.

(4) Whenever Habbit is unable to contact a member.

(5) In any other situation deemed necessary by Habbit.

4. Habbit shall not be held responsible whatsoever for any damages incurred by a member due to measure(s) taken in accordance with Clause One of Article XIII.

 

Article XIV (Termination by Habbit)

1. Habbit reserves the right to rescind a member’s registration and forcefully unsubscribe them, without taking any form of notification, under any of the circumstances enumerated as follows:

(1) In the event falsehoods/misinformation are found within registered information.

(2) In the event of late payment for charges, etc.

(3) In the event a member’s credit status deteriorates and there is reason to believe that there will be continued difficulty of payment for charges, etc.

(4) In the event that is has been determined a member has previously been forcefully unsubscribed by Habbit.

(5) In the event that Habbit receives notification of a member’s death from a legal successor, etc. of the member, or in the even that Habbit has determined the validity of a member’s passing away.

(6) In the event a member has filed for bankruptcy and/or civil rehabilitation.

(7) In the event a member does not faithfully follow any requests made by Habbit.

(8) In any other event deemed inappropriate by Habbit.

2. Habbit shall not be held responsible whatsoever for any damages incurred by a member due to measure(s) taken in accordance with Clause One of Article XIV.
3. Members who have been unsubscribed in accordance to Clause One of Article XIV forfeit their benefit of time and must therefore immediately accelerate all debts owed to Habbit.
4. Withdrawal of subscription under Article XIV, mutatis mutandis, applies to the previsions outlined in Article XIII (Clauses 2-4).

 

Article XV (The Halting of Services)

1. Habbit reserves the right to halt Habbit Services in the enumerated situations as follows:

(1) For the purpose of preserving and/or inspecting the systems which run Habbit Services.

(2) In the event of fire, power outages, etc.

(3) In states of emergency such as an act of God.

(4) When Habbit’s systems and/or network are in need of repair.

(5) For any reason deemed unavoidable for the preservation of Habbit’s operations.

(6) In any other situation deemed necessary by Habbit.

2. Habbit shall not be held responsible whatsoever for any damages, etc. incurred by a member due to the halting of Habbit Services in accordance with Clause One of Article XV.
3. Irrespective of Clause Two of Article XV, in the event Habbit Services are rendered unusable for 72 or more consecutive hours due to reason(s) attributable to Habbit, Habbit shall compensate members through its own discretion via the following methods. Note, however, that claims for compensation in such an event shall only be valid within the first month of damages being incurred, and that members forfeit their right to claim for compensation upon failing to do so in the allotted time.

(1) Deducting the amount owed in compensation from a future payment generated by the use of a corresponding Habbit service.

(2) Granting the member the right to use a corresponding Habbit Service, which is equivalent in worth to the amount owed in compensation.

 

Article XVI (Changing, Expanding, or Discontinuing Services)

1. Habbit reserves the right at any time to partially or fully alter what is provided in Habbit Services (including but not excluded to its content, design, usage fees, prices of commodities sold, etc.).
2. Habbit shall bear no responsibility whatsoever for disadvantages incurred by the member for the partial or complete alteration of Habbit’s Services, as detailed in Clause One of Article XVI, as well as for whenever said Habbit Services are expanded upon or discontinued altogether.
3. In the event Habbit exercises its right to alter significant portions or all of Habbit Services, expand upon them, or discontinue them altogether, Habbit shall notify members of said change(s) well in advance before the deadline set in place for said change(s). However, emergency and/or unforeseen, imminent action in these regards are to be exempt from requiring prior notification.

 

Article XVII (Exemption Disclaimers)

1. Habbit does not guarantee in any way that the pricing and/or quality of Habbit Services necessarily meets the expectations or particular motives of its members.
2. Habbit does not guarantee in any way the integrity, accuracy, certitude, authenticity, or utility of Habbit Services. Furthermore, Habbit does not guarantee that Habbit Services are, de facto or de jure alike, free and clear of fault.
3. Habbit shall not be held responsible whatsoever for any damages or losses incurred by a member due to the utilization of Habbit Services.
4. Habbit shall not be held responsible whatsoever for any damages or losses incurred by a member for not being able to utilize Habbit Services.
5. In the event a contract between Habbit and a member regarding the use of Habbit services corresponds to a consumer contract under the Consumer Contract Act of the Civil Code of Japan, the provision of Habbit’s Overall Membership Terms of Use completely exempting Habbit’s responsibility to compensate for damages shall not be applicable. In such a situation in which damages incurred by a member are due to Habbit defaulting on debt and/or committing an illegal act, Habbit shall owe restitution for those damages to the member, with the maximum amount of money owed being equal to the nearest one-month period of time of money spent by the member as the equivalent value for the user utilizing Habbit services; however, this is not a limit to the extent which Habbit may be found liable for in the event Habbit has committed gross negligence and/or shown malicious intent.
6. There may at times be links which are posted on webpages administered by Habbit which, in fact, lead to webpages administered by a third party and not Habbit itself. In such cases, Habbit shall not be held responsible whatsoever for any activity that occurs on those webpages.

 

Article XVIII (Intellectual Property Rights)

1. The copyrights, neighboring rights on such copyrights, trademarks, design rights, or any other applicable intellectual property right for any footage, audio, programs, writing, images, illustrations, designs, trademarks, logos, or any other such information (hereinafter “intellectual property = content”) belong to Habbit and the third parties which have given Habbit authorization to utilize said content.
2. Members shall not infringe whatsoever on the rights of Habbit and its third parties regarding their intellectual property.

 

Article XIX (Transfer of Business)

Habbit reserves the right to transfer over its status as administrator, its rights and responsibilities in accordance with  Habbit’s Overall Membership Terms of Use, as well as a member’s registered information, or any other information applicable to a transfer of business, to the transferor of said business transfer regarding Habbit Services. Members hereby acknowledge and consent in advance to the transferring of their status as member, their rights and responsibilities in accordance with Habbit’s Overall Membership Terms of Use, as well as their registered information, or any other information applicable to such a transfer of business.

 

Article XX (Subcontracting)

1. Habbit reserves the right to subcontract its duties associated with Habbit Services partially or fully to third parties, including third parties who may reside in foreign countries, and members hereby acknowledge and consent in advance to Habbit’s exercising of this right.
2. Habbit reserves the right to provide third parties, including those who may reside in foreign countries, with personal information when deemed necessary by Habbit, and members hereby acknowledge and consent in advance to Habbit’s exercising of this right.

 

Article XXI (Cession of a Claim)

1. Members hereby acknowledge and consent in advance to the potential transferring of any claim waged by Habbit to a third party (hereinafter “claim transferee”), without demur.
2. Members hereby also acknowledge and consent in advance to Habbit providing the claim transferee with the (full) name, address, telephone number, or any other information deemed necessary for the billing of said claim of the member in question for the purpose of requesting that the ceded claim be paid and that said payment is collected accordingly, without demur, in the event Habbit executes its right enumerated in Clause One of Article XXI.
3. In the case Clause One of Article XXI is applied, Habbit and its claim transferee(s) reserve the right to omit separate correspondences and the billing of ceded claim(s) to said member.

 

Article XXII (Responsibility for Damage Compensation)

Members are fully responsible for compensating Habbit for damages incurred by Habbit in connection with their utilization of Habbit Services.

 

Article XXIII (The Governing Laws of Japan and the Exclusive Jurisdiction of its Court System)

1. Habbit’s Overall Membership Terms of Use conform to and shall only be interpreted under the Civil Code of Japan.
2. In the event that a legal dispute arises between Habbit and a member regarding Habbit’s Services and/or Habbit’s Overall Membership Terms of Use and a resolution must be sought, the Tokyo District Court shall be designated as the exclusive jurisdictional court of first instance.

 

Article XXIV (The Handling of Personal Information)

Habbit shall handle personal information in accordance with its policy entitled “Handling of Personal Information.”

 

Article XV (Severability)

In the event any clause or section of Habbit’s Overall Membership Terms of Use is determined to be void or unenforceable under the Consumer Contract Act of the Civil Code of Japan or any other applicable statute, all remaining provisions of Habbit’s Overall Membership Terms which are unaffected shall remain completely in effect, and their validity shall continue to be enforced.

 

Article XVI (Linkage with External Services)

1. Members may engage in utilizing the account they have made and register their membership as defined in Article IV via services provided by a third party which has been designated such power by Habbit (hereinafter “external service” provided by hereinafter an “external service operator”). Such membership registration may be conducted via steps, hereinafter referred to as “Linkage Procedures.”
2. Upon a member conducting said Linkage Procedures, information pertaining to said member which has been registered with the external service in question (hereinafter “external service-originated information” shall be obtained by Habbit, and said member consents to this information being displayed during membership registration.
3. Habbit shall handle any personal information obtained via external-service originated information in accordance with its policy entitled “Handling of Personal Information.”
4. Members shall abide by any provisions mandated by the external service operator in question when registering their account with the external service, as well as when utilizing their services (including any posts or entries made there).
5. Members shall take full responsibility for the registration and management of their account with an external service provider.
6. In the event damages are incurred by the member or a third party due to the neglection of said member’s account and/or password, misuse of said external services, or even action(s) made by a third party, members shall take full responsibility for any consequence, and Habbit shall take no responsibility whatsoever. Furthermore, if for whatever reason, Habbit itself incurs damages due to such events, members are entirely responsible for compensating Habbit in full.
7. Members take full responsible when utilizing external services. If for whatever reason damages occur due to the utilization of said services, Habbit shall not involve itself or be held responsible whatsoever for any legal trouble which may ensue between the member and said external service operator.

 

Article XVII (The Removal of Offensive Behavior & Associated Influences)

1. 1Members hereby firmly declare that they currently do not constitute a crime syndicate, a member of an organized crime group, a person who has relinquished their status as a gang member only within the last 5 years, that they are not associated with an organized crime group, are not part of an enterprise connected with an organized crime croup, corporate extortionist or the like, are not someone who professes to be a part of an anti-social force/movement, not part of a crime group which specializes in intellectual crimes, or any such syndicate (hereinafter “gang affiliate”); members hereby unequivocally declare that they meet none of the conditions enumerated below, and solemnly promise to never fall under these conditions in the future.

(1) Have any relationship with someone determined to control the administration of gang affiliates.

(2) Have any relationship deemed to constitute substantial involvement in the administration of gang affiliates.

(3) Have any objective of causing damages to a third party or to seek fraudulent gain from a member or third party, or have any participation in activity deemed to constitute as the utilization of gang affiliate(s) for illicit purposes.

(4) Have any involvement in the procuring of funds to a gang affiliate, as well as any involvement deemed as facilitating their activities.

(5) Have any relation with any official in cahoots or person substantially involved in the administration of a gang affiliate or any other entity rightfully condemned by society.

2. Members firmly affirm that they shall not commit any of the enumerated acts below, whether it be by themselves or via a third party.

(1) Any act of violent demand.

(2) Making unreasonable demands beyond someone’s legal responsibility.

(3) Any act of violence or coercion regarding transactions.

(4) The act of spreading rumors, any act that damages the credibility of another party or interferes with another party’s business by use of fraudulent means or force.

(5) Any other act which corresponds with any of these aforementioned scenarios.

3. In the event a member is determined to be a gang affiliate, falls under any of the conditions enumerated in Clause One of Article XVII, or has committed any act enumerated in Clause Two of Article XVII, Habbit shall immediately terminate said member’s registration without being obligated to notify the member in advance of this decision – notification of such action having taken place being the only form of notification that may take place – and may exercise its right to unsubscribe them from Habbit Services.

Habbit is not responsible whatsoever for any damages incurred by a member who has had their membership registration terminated in accordance with Clause Three of Article XVII. Furthermore, the membership bears full responsibility for any and all damages incurred by Habbit due to such event.