Terms of Service

Welcome to Festar! Festar (the “Service” or “Festar”), is a chat based mobile application service owned and operated by GINKAN, Inc. (“We”, “Us”, or “Our”), a Japanese corporation. People who access, download, install, or use Festar in any way (the “User” or “Users”) are required to agree to the following terms and conditions (the “Terms of Service”). This is a legal agreement between you (the “User”) and Festar. Do not access or use Festar if you are unwilling or unable to be bound by the Terms of Service.

Article 1 (Agreement to the Terms)

Please read the following Terms of Service carefully before using Festar
1. Users are required to abide by the Terms of Service while using Festar
2. Users cannot use Festar unless they have made valid and irrevocable consent to these Terms of Service.
3. Whether or not a User registers an account with Festar, by using Festar in any way they will be considered to be doing so with valid and irrevocable consent to the Terms of Service.
4. Anyone under the age of 20 should only use the service with the consent of their parents or another legal guardian or representative.

Article 2 (Use of the Terms)

If any provision in these Terms of Service is contrary to the relevant laws and regulations that apply to the Terms of Service in accordance with the present agreement with the user, such provision will not apply to the User. However, even in this case, all additional provisions in the Terms of Service are not effected by this and will remain in effect.

Article 3 (Our Service)

Festar is a chat based mobile application service where users can communicate with other users they share mutual interests (such as hobbies). Festar can be used for free, excluding certain features and bonus content. We recommend Users sign up for our paid features for the best experience and a chance to maximize how many new people with mutual interests they will meet. Please note Festar is a communication chat application for people with mutual interests and a support service to help users enjoy their private life and hobbies, not a dating service.

Article 4 (Definitions)

In this Terms of Service, the following terms will respectively defined as follows.
1. “Content” is used to refer to things the User enters themselves such as their profile information and messages, as well as the interest categories, parties, and matching service features.
2. “User” or “Users” refers to any individual or individuals that have completed user registration and made an account with our Service.

Article 5 (Provision, lack of warranty, changes, or cancelation of Festar)

1. The only users who have the right to use Festar are those we judge to have met the requirements for an account, including age requirements and other verifications.
2. We reserve the right to modify, pause, update, or discontinue Festar at our sole discretion, at any time, without notice or liability even if it causes damages or other issues for the User.
3. We do not guarantee the lack of flaws (or defects) in Festar due to the service itself or due to Japanese law (including but not limited to those regarding safety, reliability, accuracy, completeness, efficacy, usefulness for particular purpose, related defects such as security, errors or bugs, and rights including infringement).

Article 6 (Who May Use Festar)

1. Festar is a service for people over 18 years of age only. Please note that high school students, even if 18 years of age, are strictly prohibited. Judgment of the age of Users is based on the date of birth they have registered with Facebook at the time of membership registration for Festar. Date of birth is a personal statement by the User and we can not guarantee that all users are truely over 18 years of age. If a violation of the 18 years or older policy is discovered, we will invalidate that User’s account at our discretion. We assume no responsibility for any damage caused to the User if their account is invalidated.
2. By using Festar, the User is agreeing to all terms and conditions of this Terms of Service and is considered to agree to all rights, responsibilities, and duties outlined in this Terms of Service. Do not access or use Festar if you are unwilling or unable to be bound by the Terms of Service.
3. We do not currently undertake criminal background checks on our Users, and one cannot request the disclosure of another User’s history. We do not investigate the validity of a User’s personal statements (for example, the information in their profile) and cannot guarantee the accuracy of information a User provides about themselves.
4. We may perform either a criminal background check or other examination (such as checking with the Registered Sex Offenders List) on our Users at any time, using available public records, however we do not assume the obligation to do so.
5. We do not guarantee the current or future integrity and good behavior of our Users.
6. We reserve the right to deny a User registration to Festar on the following grounds:
– If we have determined there is a risk that these Terms of Service will be violated by that individual.
– If the registration information provided to us is deemed to be in part or wholly be false, or if there is an error or omission in the information.
– If the individual has had their registration to Festar revoked in the past
– If the individual is a person under curatorship, or is any person under assistance, and the individual has not obtained the consent of their legal representative, guardian, or curator.
– If we determine that the individual is a member of Anti-Social Forces (meaning organized crime groups, gang members, right-wing organizations, Anti-Social Forces, and other such organizations. These will be referred collectively as “Anti-Social Forces”), has provided funding or other such support for Anti-Social Forces, or is involved with the operation or doing some kind of exchange with these Anti-Social Forces such as to cooperate or participate in their management.
– For any other reason we may determine that an individual is not appropriate for registration to Festar.

Article 7 (User’s Responsibilities and Duties)

1. Users are responsible their own actions and behavior during their use of Festar, and all Content that they share in Festar.
2. We hold no responsibility if the User gets involved in conflicts as a result of violating copyrights or using the works of others. We assume no liability and Users must take responsibility and handle these disputes on their own.
3. Users are responsible for managing their account (user ID) and password and maintaining the security of such. Lending, trading, selling, and name swapping is not allowed with accounts. Users are responsible for all activities that occur in connection to their account. We hold no responsibility if the User has any damages or issues inflicted as a result of not properly securing their account (having their password used by a Third Party), having their Content changed by a Third Party, having their information viewed by a Third Party without consent, having a Third Party using their account, and similar related issues.
4. If the User causes damages to us acting within these Terms of Service, the user acknowledges that we have the right to claim damages against the User.
5. We reserve the right to pause or discontinue parts or all of Festar at our sole discretion, at any time, for any of the following or no reasons, without notice to the Users.
6. In order to perform both regular and emergency maintenance or inspections to help Festar run smoothly.
7. Computer issues, such as if the communication line has accidently stopped or been stopped.
8. Due to system troubles caused by fire, electrical failure or other natural disasters that prevent the administration of the service.
9. Facebook issues or troubles, or if Facebook services are interrupted, discontinued, or modified.
10. For any other reason we may determine it necessary to discontinue or pause Festar.
We are not responsible for any damage or issues caused to the User by the above terms.

Article 8 (Prohibited Actions)

Users are prohibited from doing the following while using Festar. If we determine that the User is doing one of the following things, or is trying to do one of the following things, we may delete the related data without notice to the User, send the User a warning, or delete the User’s account. However, we are not obligated to stop or delete the data, and we are not obligated to explain our reason for deleting data or limited a User’s access to Festar. We are not responsible for any damage or issues caused to the User by these terms.
1. Users are not allowed to take screen captures or download any images in Festar, including User icons or other User profile pictures, and reproduce them, use them, or publish them in any way without permission.
2. Users are not allowed to act in contrary or in violation to this Terms of Service.
3. Users are not allowed to act in violation of Japanese Law or the law of the country or area where the User is using the service.
4. Users are not allowed to act in violation of societal norms or common sense, infringe on the rights of other Users or a Third Party, or cause trouble to other Users or Third Parties. These acts could be through posts, displayed information, disclosed information, or shared information (“Posts”).
5. Users are not allowed to share or transfer accounts, user ID, or passwords, with another person, corporation, organization, or other Third Party (hereby referred to as “Third Party”).
6. Users are not allowed to give a Third Party access to be able to view their account or password.
7. Users are not allowed to use Festar in a way that provides benefit directly or indirectly to Anti-Social Forces.
8. Users are not allowed to use Festar in a way that differs from the original purpose and mission of Festar.
9. Users are not allowed to act in a way that reveals the private and personal information of a Third Party.
10. Users are not allowed to register or use Festar and our Content when under the age of 18 years of age (or are currently a high school student)
11. Users are not allowed to act in a way that is deceiving children.
12. Users are not allowed to act or use Festar in any way that leads to or assists an illegal or criminal activity of any sort, any depiction of sexual acts or cruelty, contains discriminative expressions that would be considered offensive by the public, and impersonate any Third Party.
13. Users are not allowed to post and share false information or any information that is deceiving to the viewer.
14. Users are not allowed to do anything that has the potential to be seen as slanderous or damaging towards a Third Party, anything that would cause a Third Party’s public trust to be damaged or anything that would cause a Third Party discomfort or mental stress.
15. Users are not allowed to do anything related to a political campaign, or in violation of the Public Offices Election Law or other similar laws.
16. Users are not allowed to gather the private and personal information of individuals, corporations, organizations, or any other Third Party other than the Users of Festar, as well as violate any other Third Party’s intellectual property rights, copyright, or use their likeness without permission.
17. Users are not allowed to use any words, images, user nicknames, user icons, profile images, profile information, self introductions, and any other user information unless permission is explicitly given (this includes using the information with a mosaic, if permission has not been given the information may not be used in any form).
18. Users are not allowed to act in any way that prevents or inhibits the operation of Festar.
19. Users are not allowed to transmit a large amount of data that risks interfering with the operation of Festar, or puts an abnormal amount of stress on the server (such as illegal repeated access, etc)
20. Users are not allowed to use Festar for any publicity and advertising for a commercial purpose (For example, messaging a specific user or multiple users with the intent of inviting them to an adult service).
21. Users are not allowed to release any harmful computer viruses, code, files, or programs, or discuss where such things could be found.
22. Users are not allowed to send or distribute any chain mail, Multi Level Marketing (MLM), or similar things, or things we determine may be acts of chain mail, Multi Level Marketing (MLM), or similar things.
23. Child pornography or similar content, or content we may determine to be similar to child pornography, is strictly prohibited.
24. Pictures, videos, or data portraying nudity or genitals, or the act of posting a link to a site which we determine to include sexual content, is strictly prohibited.
25. Post content of the following nature is also strictly prohibited:
– Using a Third Party’s profile or photos without permission.
– Racist, prejudice, or disrespectful remarks towards a group or an individual, or other hateful remarks that promote physical harm, or remarks that are clearly offensive against the online community in Festar.
– Harassment or content that supports harassment.
– Any content that spreads information that is known to be just a rumor or that could lead to a misunderstanding, as well as content that supports illegal activity of any sort, and abusive, threatening, obscene, or slanderous content.
– “Junk mail”, “Chain mail”, “Chain letters”, “spam” and all related types of messages or content.
– Providing pirated copies of computer programs, linking to such programs, providing information on how to overcome protection built into products, providing pirated music, linking to pirated music, and in general illegally copying or supporting the illegal copying of content and products protected by copyright.
– Content that inappropriately or illegally depicts people under the age of 18 years of age in a sexual or violent manner. Similarly, content that trys to get private or personal information from individuals under the age of 18 years of age.
– Trying to obtain passwords or other private and personal information from Users for commercial or illegal purposes.
– Illegal arms manufacturing or purchase, infringement on the privacy of others, manufacturing of computer viruses, or content providing an explanation of such illegal activities.
– Content on pages that have not been published publicly or the content included on pages inaccessible without a password.
– Any commercial or sales activities for example contests, a lottery, bartering, advertising, pyramid schemes, and other such content without obtaining permission in advance in writing from us.
– Any act contrary to Facebook’s Terms of Service.
– Any other acts that we determine inappropriate.

Article 9 (Customer Service)

We are unable to monitor the actions of our Users outside of our service, however harassment and abuse towards other Users, or contact, advertising, solicitation, or attempts to sell products to another User without their prior consent is in violation of this Terms of Service. In order to protect our Users from such advertising or solicitation, we reserve the right to send warnings to Users, and if there is no improvement in the warned User’s behavior, we may also forcefully delete the account in question.

Article 10 (Validity Period of these Terms of Service and the End of these Terms of Service)

1. As long as a User is a member of Festar, these Terms of Service are valid. If the user has chosen to participate in Festar and become a member, their membership starts immediately and a cooling-off period for cancellation is not permitted.
2. The User may submit a request to delete their account from Festar, for any reason at any time, and thus the User will be able to terminate their membership. Please contact us through the “Delete Account” page in the mobile application to delete accounts.
3. If a User breaks one of the rules outlined in these Terms of Service or if it is determined they may break one of the rules, we hold the right to immediately terminate the User’s membership, delete any related prohibited Content, and prohibit the User’s further use of Festar. We will send an email to the email address the User has registered with Facebook to alert them of the termination of their membership. We can prohibit a User’s access to Festar, partially or wholly, both permanently or temporarily.
4. If the User has terminated their paid subscription, it will also be the end of their registration to Festar.
5. We reserve the right to disable accounts if the User is not a paid member, and the User has not accessed their account for 6 months or more (counted from the last date they connected to Festar).

Article 11 (Prohibition of Reuse)

If a User uses Festar or Festar’s data in any way that goes beyond the original purposes of Festar, we reserve the right to prohibit the User from such behavior and reserve the right to take claim of any profits the User may have made through Festar.

Article 12 (Free Membership and Paid Membership, and the price of using Festar)

1. Festar is available to all Users free of charge, with the exception of some certain services and functions. To take full advantage of private messaging features and other additional features, a paid membership is required. For more information on the cost and how to sign up for a paid membership plan, please refer to the subscription information on our homepage (https://festar.jp/). Please note the subscription policy is part of these Terms of Service.
2. In order to take advantage of all the additional features and services of Festar, including exchanging private messages with other Users, a paid membership is required. Please note that paid memberships cannot be changed or cancelled after signing up.
3. Please understand that even if a User registers for a paid membership and stops using the service partway through their subscription or deletes their account partway through their subscription (to delete an account please contact us through the “Delete Account” form within the mobile application) we cannot provide a partial or whole refund for any unused time. Thank you for your understanding.

Article 13 (Deleting Posts, Termination of Service, Deleting Accounts)

1. Users hold full responsibility for the Content they post within Festar as well as the Content they forward or message to other Users through Festar. Users must guarantee that the whenever they post to the service, their Content is (a) truthful and accurate, (b) not in violation of these Terms of Service, and (c) does not inflict harm on anyone.
2. In order to continue smooth operation of Festar we may delete data or content, without advance notice, or restrict the access of a certain User or terminate their account if any of the following occurs.
– If the User has violated these Terms of Service, or if it is determined that there is a possibility of the User violating the Terms of Service, or if the User has a paid membership and is unable to pay for the membership in a timely manner.
– If the credit card or bank account that has been registered to pay for Festar has been stopped.
– If we determine that the User has gone bankrupt or is part of civil rehabilitation, or similar issues causing issues with their credit.
– If the account is registered by or used by Anti-Social Forces or their members and officials, or if we have determined that there is a chance it may be registered by or used by such individuals.
– If the User has not used the account or a specific service over an extended period of time.
– Any other situations that cause the trust between us and the User to be lost, or when it is determined that it is difficult to maintain the Terms of Service with the User in question.
Please note, the exchange of messages between Users in Festar is provided through an electronic bulletin board under our management. The exchange of messages between Users can be viewed through this electronic bulletin board by Third Parties. Users must agree to allow us to browse the content of their messages and delete messages if necessary. This is done only to prevent accidents and allow for safe and proper usage of Festar. However, we do not assume the obligation to patrol or monitor the electronic bulletin board.

Article 14 (Compensation from GINKAN, Inc)

If our company suffers direct or indirect damages or losses or has expenses (including lawyer fees) as a result of a User breaking the law or violating these Terms of Service (including cases where the claim comes from a Third Party or our company) the User will be responsible for immediately compensating for these damages in accordance with our claim.

Article 15 (Regarding the Treatment of User Data and Content)

1. If necessary for the maintenance or improvement of our service we may, to the extent necessary, replicate the User data stored in our servers.
2. Users are the copyright holder for all Content that they post (This includes image data and text, but is not limited to this. This Content will hereby be referred to as “Posted Content”). However, by using the service the User is giving us permission to use and license (including the sub-license rights) their Posted Content in Japan or overseas, free of charge and with non-exclusive (for replication, screenings, public transmission, display, distribution, transfer, rent, translation, and adaptation, including publication) for an undefined set of time. However, we respect the privacy of messages between Users and will not include such messages in the license subject of this section. Please note that in addition to the above, the User will not use their rights under copyright for their Posted Content.
3. With the exception of the Post Content a User generates and posts or shares in Festar themself, the copyright and other intellectual property rights for any information related to Festar, belongs to us. Users are not allowed to use, replicate, transfer, rent, translate, modify, repost, transmit publicly (including making transmittable), transmitting, distributing, publishing, using for business, or do other such things without permission.
4. The rights to Post Content is not to be granted to any Third Party, and Users do not have the right to any Post Content aside from their own Post Content, and are not to act in a way that violates the rights of other Users. In addition, Users are not allowed to automatically collect Post Content through crawling or similar actions, and the Post Content is not to be parsed.
5. We offer no warranties for any damages a User may receive as a result of using or viewing the Post Content of other Users. Also note, if a User is able to obtain a profit utilizing the Post Content of other Users, we have the right to claim compensation of equivalent value.

Article 16 (Contact and Notifications)

1. The User, unless otherwise stated within this Terms of Service, shall contact us through the “Support” page within our mobile application. We do not accept contact by telephone or visits to our office.
2. If we deem there is a need to contact or notify the User we will send such contact or notification by e-mail to the email address that is registered with Facebook. However we assume no responsibility if the email address registered is incorrect and we are unable to properly contact or notify the User.

Article 17 (Transfer of Rights and Obligations)

1. The User cannot transfer or loan any of their rights and obligations under part or all of this contract in any way to a Third Party.
2. The User must agree that in the case that we transfer our Service and business to another company, we can transfer the rights and obligations of the present Terms of Service as well as the account information and other customer information to the new company.

Article 18 (Disputes Between Users)

sers are solely responsible for all of their actions, including interactions with other Users, within Festar. Although we reserve the right to monitor disputes between Users, we have no obligation to monitor or get involved in such disputes.

Article 19 (Privacy)

Our Privacy Policy applies to all Users using Festar. The Privacy Policy may be viewed at anytime here: http://festar.jp/privacy. Please be aware that all the personal information (including sensitive personal information) the User provides to us will be stored on our computers. In order to participate in Festar, Users will need to make a profile including their interests and hobbies, and Users must agree to the Privacy Policy so we can use this information and let them participate in Festar.

Article 20 (Relation with Facebook)

1. We hold no responsibility if a User become unable to use Festar as a result of violating Facebook’s Terms of Service or Facebook’s Privacy Policy.
2. We hold no responsibility if a User becomes unable to use Festar as a result of their Facebook account being frozen, blocked, or deleted in anyway.

Article 21 (Regulations Concerning the Protection of Children)

Festar is a mobile app that allows wholesome adults over 18 years of age to talk with new people based on common interests and values (such as hobbies, etc), and use of Festar by people of under 18 years of age is prohibited. For this reason, we will prohibit individuals under 18 years of age from signing up for Festar, and may monitor or delete the accounts of other Users we find or suspect to be inviting children under 18 years of age to Festar.

Article 22 (Disclaimers)

1. We are exempt from breach of contract issues, in all situations where it is not a result of malicious intent or gross negligence on our part. However in cases where our Terms of Service falls under the Consumer Contract Law, the above exemption of responsibility does not apply, and we will bear the liability for damages that have occurred in connection with our paid services (the max payment being the equivalent of one month of paid service).
2. Various components of this Service, including all kinds of conditions, guarantees, and the other terms and conditions, are provided with no warranty or guarantee. Therefore, if we receive a legal notice in relation to the present Service, warranty, conditions, or other terms and conditions (regarding but not limited to things such as the quality of the Service, fitness for purpose, reasonable care and use of technology) these conditions and guarantees may be violated as made necessary by law.
3. Regarding us and our partners, we do not guarantee the accuracy or reliability of anything uploaded, distributed, shared, and any information that is shown in our service by other Users, individuals, or groups. Users bear full responsibility and risk as to whether or not to believe any of the opinions, User profile information, User comments, and other statements and information. We are not responsible for any User’s behavior online or offline. Please use common sense when interacting with other Users and revealing any personal information. Please note, this legal notice and above disclaimers do not remove the rights of the individual under applicable law (including the User’s rights as a consumer).

Article 23 (General Warnings)

1. Festar is a mobile app that allows adults over 18 years of age (excluding high school students) to talk with new people based on common interests and values (such as hobbies, etc); however,There are a large amount of people using Festar and there is a possibility that some may try to exploit the Service. Users need to recognize that there is such possibility and use caution when interacting with other Users (particularly when chatting or contacting other Users), and use caution when sharing any personal information in our Service. Also note that although we require Users to be at least 18 years of age to use our Service, we cannot ensure that all Users are at least 18 years of age. We recommend Users be very careful when exchanging information on how to get in contact with other Users outside of our Service, and when disclosing any personal or sensitive information. Please note that exchanges of any such information and contact are all the full and personal responsibility of the User, and we hold no responsibility.
2. If at any time a User believes they have found a User who may be violating these Terms of Service, please promptly report the User using the report button, or contact support explaining the situation.
3. Festar imports a User’s Facebook friend list when a User register for an account or automatically after the User approves. This is used to prevent Users from being matched with or being able to search for other Facebook friends using the service. Please note, if the Facebook friends list imported into Festar is not the latest list there is a possibility that a User may be matched with some of their Facebook friends. In addition, please also note that this feature only works for Facebook friends and friends, acquaintances, friends of friends, and in general people who you know in real life but have not added as a friend on Facebook may still see that you are using Festar.
4. The user is responsible for properly setting up a Facebook account and registering it for Festar on their own. If a user does not register their Facebook account with our service properly there is a risk that their Facebook friends may see that they are using the service but this and all related damages are the user’s own responsibility. We assumes no responsibility for any damages caused to the user as a result of not setting up their Facebook account correctly.
5. The User must agree that we are not responsible for any Facebook bugs, defects, and similar issues.
6. The User must acknowledge that changes in Facebook’s service or rules may result in a change in our Service or features as well. We assume no responsibility for any damage caused to the User by such a changes.

Article 24 (Changes to the Service or Terms of Service)

We reserve the right to change the Terms of Service at any time we determine it necessary, even without prior consent of the User. The most current version of the Terms of Service will always be available on our website. Please note, any modifications to the Terms of Service will be effective upon our posting of the new Terms of Service. Users who continue to access or use Festar after the effective date of modifications to the Terms of Service are indicating acceptance of the modification. We recommend Users occasionally check back to confirm the latest Terms of Service. Please note that if there is a major change to the Terms of Service we may notify Users of such change via email or other methods.

Article 25 (Applicable Law)

Japanese Law will govern these Terms of Service, as well as any claim, cause of action, or dispute that might arise between the Users and us (GINKAN, Inc.) or the Service (Festar), without regard to conflict of law provisions.

Article 26 (Jurisdiction)

FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE EXCLUSIVE JURISDICATION IN, AND THE EXCLUSIVE VENUE OF, THE TOKYO DISTRICT COURT OR TOKYO SUMMARY COURT.

27. TRANSLATION

The above Terms of Service may be translated into other languages for the convenience of the User. Nevertheless, the Japanese language version governs the Users’ relationship with GINKAN, Inc. and Festar. Any inconsistencies among the different versions will be resolved in favor of the Japanese language version of the Terms of Service. The Japanese language Terms of Service can be accessed here (link).

Article 28 (Supplementary Provisions)

Last Updated: September 23, 2016