FoodLog

Terms of Service

FoodLog Terms of Service 

The FoodLog Terms of Service ("TOS") are between foo.log Inc. ("the Operator") and each customer ("Customer" or "Member") using the "FoodLog" food logging and analysis service operated by foo.log Inc. ("the Service". The website or websites used to provide the Service are hereinafter referred to as "the Website").

Article 1 (Particulars of the Service)
1. The Service provided by the Operator on the basis of these TOS consists of the following services provided through the Website.
(1) Recording, storage, publication, etc. ("Recording, etc.") of food photographs and other information and postings, etc. provided by the Member.
(2) FoodLog analysis
(3) Output of the results of FoodLog analysis
(4) Other functions specified  on the Website
(5) Other links to other services determined separately by the Operator ("Linked Services") 
2. Detailed specifications etc., for the Service are to be made available on the Website.

Article 2 (Member registration)
1. A Customer wishing to register for membership of the Service is considered to have agreed to these TOS before making a membership registration application, and will be registered as a Member if the Operator accepts the membership registration application.
2. A Member who made a membership registration application for the Service is considered to have agreed to the particulars of these TOS.
3. In the case of the Customer being under the age of legal maturity, the Customer must obtain parental consent before making a membership registration application or using the Service, and warrants to the Operator that for all aspects of the Service, application and usage are conducted with prior parental consent.
4. In the case of changes to email address and other particulars notified to the Operator by the Member at the time of membership registration application for the Service ("Customer Information"), details of the changes must be notified immediately to the Operator by a method designated separately by the Operator.

Article 3 (Use of the Service)
1. The Member may use the Service to the following extent.
(1) Record, store, and publish FoodLogs, including food photographs taken personally or used with the permission of the photographer, on the Website (including Linked Services)
(2) Enjoy the results of FoodLog analysis.
(3) Use other functions designated by the Operator.
2. The Member is considered to have given prior approval to the publication to other members and other third parties of FoodLogs created in the Service by Recording, etc.
3. The Member undertakes full responsibility for the management and use of member IDs and passwords registered in the Service. With the exception of cases of deliberate or gross negligence by the Operator, the Member undertakes full responsibility for all acts and results thereof using the Member's own member ID and password, and will not subject the Operator to nuisance or damages.
4. To use the Service, the Member will prepare all computers, software and other necessary associated equipment required, and enter into telecommunications contracts and subscribe to internet connection services and make other necessary preparations, at the Member's own expense and responsibility.
5. Without the prior written consent of the Operator, The Member may not transfer to a third party, change title, pledge, or provide as other form of collateral all or part of the rights and obligations accruing as a registered member of the Service or acquired through use of the Service,

Article 4 (Operator's rights)
1. Regarding FoodLog, the Member grants to the Operator all rights required for publication on the Service and other uses, irrespective of whether commercial or non-commercial, within the scope of the Privacy Policy determined by the Operator, with such grant being non-exclusive and irrevocable unto the expiration of the term of all rights regarding such FoodLog. 
The Member is aware and accepts in advance that the FoodLog including food photographs, etc. will be handled as information that does not enable the identification of a specific individual or individuals.
2. The Operator has the right to convert or modify FoodLogs recorded or posted by the Member through the Service, and to provide or publish the result as new information on the Service or otherwise make use thereof within the scope of the Privacy Policy determined by the Operator.
3. Copyright, trademarks, and all other intellectual property rights with respect to all programs, scripts, service interfaces, marks, etc. provided through the Service belong to the Operator (or to a third party designated by the Operator).

Article 5 (Prohibitions)
1. In using the Service, the Member is prohibited from the following.
(1) Using the Service for commercial purposes without the approval of the Operator.
(2) Reproducing, adapting, copying, etc. the programs, scripts, service interfaces etc. that comprise the Service, or using them for purposes other than creating FoodLogs on the Website.
(3) Making false statements when making a registration application for the Service.
(4) Transmitting or inputting harmful computer programs etc.
(5) Infringing rights belonging to the Operator or to a third party, including intellectual property rights such as copyright, trademarks, and utility rights, portrait rights, publicity rights, and any other rights, or performing acts likely to result in such infringement.
(6) Damaging the reputation, credit, or invading the privacy of third parties, or performing acts likely to result in such damage or invasion.
(7) Transmitting image data etc. consisting of obscene (including child pornography) or violent images, etc. that offend public decency, or that are likely to result in such offence.
(8) Disrupting the operation of the Service by whatever means, or performing acts likely to result in such disruption.
(9) Performing criminal acts or acts that lead to criminal acts, or performing acts likely to lead thereto.
(10) Performing other acts that offend public order, or acts that breach laws and ordinances.
(11) Performing acts other that those listed above that the Operator judges to be inappropriate.
2. If the Member breaches any of the items in the preceding paragraph, or is judged by the Operator to be likely to perform such a breach, the Operator may take any necessary measures, such as, without prior notice, suspending or terminating publication of FoodLogs by the Member, suspending or terminating use of the Service by the Member, or canceling the Member's membership registration.
3. The Member agrees not to raise objections concerning the Operator regarding any response by the Operator, including deletion by the Operator of FoodLogs, changes to functions or specifications, or cancellation of the Member's registration.
4. In the case of dispute with a third party due to any issues concerning rights including intellectual property rights such as copyright, trademarks, and utility rights, portrait rights, publicity rights, and any other rights with respect to the Recording etc. of FoodLogs in the Service by the Member, the Member must resolve such dispute at the said Member's own responsibility and cost, and must hold the Operator harmless.

Article 6 (Protection of information concerning the Member)
Stipulations concerning the handling of personal information relating to use of the Service are made in the Privacy Policy.

Article 7 (Responsibilities)
1. The Operator does not guarantee the accuracy, rights, legality, currency, or applicability to specific purposes of any items in the Service, including FoodLogs published in the Service, information concerning recommendations and forecasts, etc. in the Service, results of FoodLog analysis in the Service, and any other statements, nor of any functions for creating FoodLogs. The Member must accept this in advance.
2. The responsibilities of the Operator with respect to the Member regarding use or inability to use the Service by the Member are limited to those responsibilities expressly designated in these TOS, and the Operator bears no other responsibility with respect to the Member.
3. The Operator bears no responsibility for damages incurred by the Member or by third parties due to the Member breaching these TOS, or for damages incurred by the Member or by third parties due to other fault of the Member. In the case that the Member subjects the Operator or third parties to damages when using the Service, the said Member will compensate or otherwise undertake all responsibility with respect to the Operator or third party for such damages.

Article 8 (Notices)
Notices to the Member by the Operator shall be provided by display on the Website, or by sending to an email address notified in advance to the Operator by the Member. Unless there is a separate written agreement between the Operator and the Member to the contrary, notices from the Operator to the Member provided by display on the Website or by sending to an email address notified in advance to the Operator by the Member shall be considered to have reached the Member at the point when the email is sent.

Article 9 (Scope of TOS, revisions, etc.)
1. In addition to these TOS, regulations for each individual service provided in the Service, additional regulations notified separately when considered necessary by the Operator, and regulations etc. for each new service to be provided as part of the Service in the future (together referred to as "Individual Regulations, etc.") are also considered to comprise part of these TOS.
2. The Operator may modify these TOS and Individual Regulations, etc. at its discretion without obtaining consent from the Member. In such cases, the Operator must notify the Member by a method considered to be appropriate. The Member may only reject such modifications afterwards through procedures for withdrawal from membership.
3. After modification, notification of implementation and modification of changes etc. to these TOS and Individual Regulations, etc. shall, unless the Operator has separately stipulated otherwise, be considered to have given and the changes take effect from the point such notice is displayed on the Website etc. The Member agrees that, if, after such display or notice, the Member uses (including viewing) the service, or if two weeks have elapsed after such display or notice, the Member is considered to have retroactively given approval to these changes in the TOS.

Article 10 (Withdrawal)
1. If the Member desires to withdraw from the Service, the Member must notify the Operator to that effect by a means separately designated by the Operator.
2. Member qualification pertains to a specific individual, so if the Operator comes to know of the death of the Member, this will be handled as if there had been a notice of withdrawal from membership as stipulated in the preceding paragraph.

Article 11 (Member disqualification)
1. In the event of any of the following items applying to the Member, the Operator may disqualify the Member without prior notice to the Member and without obtaining prior consent from the Member.
(1) Falsification in the particulars of a declaration or notice given to the Operator.
(2) Illicit use of member ID or password, or facilitating illicit use thereof.
(3) Delayed payment or non-payment of payables arising in connection with use of the Service.
(4) The Member can no longer be contacted by telephone, fax, email, or other method.
(5) Breach of any of the stipulations of these TOS.
(6) Judgment by the Operator of inappropriateness as a registered member of the Service for other reasons.
2. The Operator bears no responsibility if, due to the Operator taking measures under the preceding paragraph, the Member becomes unable to use the Service, even if the Member or a third party incurs damages as a result.

Article 12 (Conditions applying on withdrawal from membership)
1. If the Member withdraws from the Service, or if the Member is disqualified, the Operator may delete the FoodLogs created by the Member.
2. Even if termination of use of the Service is due to the Member (including, but not limited to methods of termination such as withdrawal, disqualification, and termination of the Service), the Member accepts in advance that the Operator may use the Member's FoodLogs on the basis of Article 4, Paragraph 1.

Article 13 (Service Interruption, Modification, Abolition)
1. At regular intervals, or when required, the Operator may interrupt part or all of the Service for maintenance/inspection, modification, or repair of equipment and systems used in the provision of the Service.
2. In the event that the Operator urgently interrupts part or all of the Service for maintenance/inspection, modification, or repair of equipment and systems used in the provision of the Service, such interruption may be performed without prior notice to the Member.
3. In any of the following cases, the Operator may interrupt part or all of the Service without prior notice to the Member..
(1) When provision of the Service is difficult due to fire, power interruptions, natural disaster, or other Force Majeure.
(2) When a reason due to a third party has occurred, such as issues with telecommunications circuits.
(3) When subject to hacking, cracking, viruses, or other external attack.
(4) When there are other reasons the Operator judges to be unavoidable.
4. If the situation of the cases in the previous paragraph continues without improvement over a long period, or if for operating or technical reasons the Operator judges there to be a need to interrupt or terminate the Service, or if there is a contingency leading the Operator to judge that provision of the Service is difficult, the Operator may interrupt or abolish part or all of the Service after prior notice to the Member.
5. Regardless of the reason, the Operator may interrupt or abolish part or all of the Service at the Operator's discretion after giving notice to the Member at least 30 days in advance.

Article 18 (Governing law)
The effect, execution, and interpretation of these TOS shall be governed by the laws of Japan.

Article 19 (Other terms)
1. If an issue arises between the Member and the Operator concerning the Service, the Member and the Operator will discuss and resolve the issue in good faith.
2. If any part of these TOS is held invalid or unenforceable, that portion shall not be allowed to influence the remaining portions of these TOS in any way, and the remaining portions shall remain in full force and effect.
3. Prescriptions in these TOS concerning the indemnity of the Operator shall not apply if there is malicious intent or gross negligence on the part of the Operator.
4. For any disputes concerning the Service, the Tokyo District Court shall be the court of first instance.

Formulated: April 30, 2010
FoodLogSimple Food Photo Diary

Terms of Service
