Terms of Service

These Terms of Service set forth the terms and conditions for the provision of the Service (as defined below), and the rights and obligations between us and the User (as defined below). Please use the Service after agreeing to the Terms of Service.

Simply put

On the right side of the page, you will find a summary of important points that we want you to know. Please refer to it as a guide to understanding the Terms of Service. If there is any difference between the Terms of Service and the Important Points, the Terms of Service will take precedence.

Art.1 (Definitions)

For purposes of the Terms, the following terms have the following meanings.

1. “Client” means any person or entity that requests the Creator to create the Product through the Service.
2. “Company” means foriio Inc.
3. “Creator” maens any person or entity that create the Product through the Service.
4. “Posted Data* means any content, including but not limited to text, images, animation and other data, that is posted or otherwise transmitted by the User through the Service.
5. “Product” means (1) designs of web, application, logo, etc., (2) photographs; (3) illustrations, and (4) other products.
6. “Service” means the service that the Company under the name of foriio (or if the name or content thereof is modified for any reasons, such modified service).
7. “User” means the Creator or the Client.

Simply put

This service aims to be a place that connects creators and clients who request production, with a focus on portfolio creation support services for creators. By using the Service, both parties agree to be bound by these Terms. If you do not agree to these terms, please do not use this service.

Art.2 (Terms of Service)

1. The Users who use the Service must agree to these Terms of Service
2. The Company may revise the contents of these Terms of Service without the consents of the Users, who shall approve the revisions. The terms and conditions for providing the Service after the revision of these Terms of Service shall be subject to the terms and conditions of the revised Terms of Service.
3. When the Company revises these Terms of Service, the Company shall notify the Users in the manner as prescribed by the Company.
4. The revision of these Terms of Service described in the preceding two paragraphs shall come into effect when the Company notify the revision according to the preceding paragraph. The Users who do not agree to the revision shall not use the Service.
5. In addition to these Terms of Services, when the Users use other sites linked from the Service, they shall use them after agreeing to the terms of service of those sites.

Simply put

Be sure to read the Terms of Service.
In order to use foriio, you must read and agree to all of the terms and conditions, including these Terms of Service, Privacy Policy, and Guidelines.

Art.3 (About users)

1. The User of the Service shall apply for the use of the Service and be approved by the Company. When applying for the use of the Service, the User shall input her e-mail address, password (“User Password”) for the verification of the identity of Users, and other matters prescribed by the Company. The User shall strictly manage the User Password. The User may also apply to use the Service through methods specified by the Company such as linking with a Google or Twitter account.
2. When using the Service, the User shall be authenticated by entering the email address and the User Password, or using her Google or Twitter account described in the preceding paragraph (“Login”).

Simply put

We cannot promise to recover your data if the service suffers catastrophic damage.

Article 4 (User withdrawal, etc.)

1. Except for the cases specified in the following items, the user can withdraw from membership by performing the withdrawal procedure on this service.
   1. If the work pertaining to an individual contract to which the User is a party (meaning a work consignment contract concerning creation between a creator and a client; the same shall apply hereinafter) has not been completed.
   2. If the settlement procedure for an individual contract to which the user is a party has not been completed.
2. The user shall comply with the regular backup of the data on the user side in case the data is damaged or lost for some reason while using this service. The Company shall not be held responsible for any damage caused by the user not taking a backup.

Art.5 (Member information)

1. Those who intends to become a User shall register and manage the information for the use of the Service (“Registered Information,” which includes the e-mail address and the User Password) on her own responsibility. The User shall observe the followings so that her User Password will not be used by third parties.
   1. Use the User Password that cannot be easily guessed by third parties.
   2. Do not disclose the User Password to third parties.
   3. When using the Service on the computers or mobile phones/smart phones used by more than one persons, be sure to logout and close the web browser when you finish using the Service.
   4. When using the Service on the computers or mobile phones/smart phones used by more than one persons, be sure to cancel Easy Login (a function that allows the User to omit input of the e-mail address and the User Password when logging in).
   5. In the event of any changes to the registered information, register such changes without delay in accordance with the method prescribed by the Company.
2. When the Service is used with the authentication by the registered User Password, the Company may treat it as the one used by the User who registered the User Password, and the results caused by the use of the Service and all the responsibilities accompanying them shall belong to the User who made the registration.
3. In case where any damage has been caused to the Company or third parties due to misuse of the User Passwords, the User shall indemnify for the damage to the Company or the third parties. In addition, the User shall manage the Registered Information on her own responsibility, and the Company shall not be liable for any disadvantage or damage caused to the User because of the inaccuracy or falseness of the Registered Information.
4. The User shall use the Service within the range specified by the Company according to her conditions such as age and usage environment. When the User is a minor, she shall use the Service with the consent of her legal representatives. However, those under 13 years old shall not use the Service.

Simply put

Please manage your password carefully and at your own risk. We will not be held responsible for any damages incurred by the user due to a third party using the user's account. Also, foriio is not for use by persons under the age of 13.

Art.6 (Personal information)

The Company shall handle personal information appropriately according to the privacy policy that the Company prescribes separately.

Simply put

We manage personal information in accordance with our privacy policy.
You can use your Twitter login to get your profile picture, email address, and to connect with other services, but the service will not tweet or look into your DMs without your permission.

Art.7 (Prohibited Acts)

When using the Service, the User shall use it in a manner that complies with laws and regulations, and shall not conduct the following acts.

1. The acts that infringe on intellectual property rights of the Company or third parties.
2. The acts that damage the honor and trust of the Company or third parties, or those that improperly discriminate or slander them.
3. The acts that infringe the properties of the Company or third parties, or those that may infringe them.
4. The acts that cause economic damages to the Company or third parties.
5. Threatening acts against the Company or third parties.
6. Posting of following information:
   1. The information that has a potential risk of violating the rights and properties of third parties.
   2. The information that is harmful to third parties, or the information that harm the third parties physically or psychologically.
   3. The information that constitutes crimes, illegal acts, or dangerous acts, and the information that provokes or assists them.
   4. The information intended to lead to illegal acts, harmful acts, intimidation, abuse, racial discrimination, slander, defamation, insult, harassment, incitement or discomfort, or the information including the contents that may cause such consequences.
   5. The information that is known to be untrue or does not exist.
   6. The information for which the User herself does not have controlling rights.
   7. The information that infringes on intellectual property rights including the copyrights of third parties or other property rights, or the information that violates public interests or individuals’ rights.
   8. The information such as the images and documents that are obscene or those corresponding to child pornography or child abuse.
   9. The information that has a potential risk of violating the rights and properties of third parties.
7. The acts that infect or induce computer viruses or harmful programs.
8. The acts that put excessively stressful burden on the infrastructure of the Service.
9. Attacks on our site server, system, and security.
10. The acts of trying to access the Service without using our interface.
11. Other acts not listed above that we deem inappropriate.

Simply put

Do not do anything that may cause trouble for others or interfere with the sustainable operation of the service.

Art.8 (Suspension of Use, Cancellation of Registration, etc.)

1. In the event that the User falls under any of the followings, the Company may, without prior notice or demand, delete or hide the posted content in the Service, temporarily suspend the use of the Service for the User, or cancel the User's registration.
   1. When the User violates any of the provisions of these Terms of Service.
   2. When it is found that there is a false fact in the Registration Information.
   3. In the event of suspension of payment or inability to pay, or in the event of a petition for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation proceedings, or similar proceedings.
   4. When the Company judges that the User is an Anti-Social Force (refers to an organized crime group, a member of an organized crime group, a quasi-constituents of an organized crime group, a company related to an organized crime group, a fixer of stockholder meetings, social movement advocates, a specially intelligent organized crime group, a symbiont, and other group or individual that threatens the order and safety of civil society through violent or unreasonable demands, etc.)
2. If the User falls under any of the reasons in the preceding paragraph, the User shall forfeit the benefit of time for all debts owed to the Company and immediately make payment of all debts to the Company.

Simply put

We reserve the right to suspend or delete your account without notice in the event of prohibited activities.

Art.9 (Rights for the Contents in the Service)

1. The User shall use the contents of the Service only within the scope prescribed by the company.
2. The company has the rights related to all the contents provided by the Service, and does not allow or license the User to practice or use the patent rights, utility-model rights, design rights, trademark rights, copyrights and other intellectual property rights that are owned by the Company.
3. The User shall not reproduce, transmit, transfer (including the sales among Users), rent, translate, adapt, reprint without permission, use secondarily, use for commercial purpose, modify, disassemble, decompile, reverse engineer the service beyond the scope of use prescribed by the Company.
4. Notwithstanding the preceding paragraph, the right to use the contents provided shall also extinguish when the User lose her membership due to withdrawal or other reasons.
5. The rights such as copyrights for the contents sent by the User to the Company shall belong to the User, who shall permit the Company to use and modify the posted contents with no charge for the purpose of introduction of them.

Simply put

Posted contents uploaded by users and set to be viewable by third parties may be introduced by the Company on blogs and SNS within the Service. The rights to the posted contents belong to the creator. Please allow the Company to generate (process) thumbnails, quote screenshots, and use them to introduce your work.

Art.10 (Usage fee)

1. The registration and the use of the Service are free of charge.
2. Notwithstanding the preceding paragraph, the User of the PRO account shall pay the fee prescribed by the Company.
3. The PRO account provides includes the following.
   1. Custom Domain
   2. White label
   3. Private mode
   4. PDF download of User's work

Simply put

You can use it basically for free, but there are some paid functions. You will not be charged just for registering.

Art.11 (Disclaimer)

1. The Company shall not be concerned with the usage environments of Users and shall not bear any liability for them.
2. The Company is not liable for any damage caused by content change, suspension, or termination of the Service.
3. The Company shall not be liable for the legality, morality, reliability, accuracy of the contents in the websites linked from each page of the Service.
4. The Company shall not be liable for any damage directly or indirectly caused to the User due to the use of the Service.
5. The Company shall not be liable for any damage to the User or other third parties including the loss of opportunity and the interruption of business (also including indirect damage and lost profit), even if such possibility is notified in advance.
6. The provisions of the paragraph 1 through the preceding paragraph shall not apply when there is malice aforethought or gross negligence in the Company or when the User corresponds to the consumers under the Consumer Contract Law.
7. The Company shall not be liable for any dispute or trouble between the User and third parties. In the event of the trouble between the User and third parties, they shall resolve it on their own responsibility and shall not make any claims to the Company.
8. In the event that the Company assumes liability for the damages concerned with the use of the Service, the Company assumes the liability to indemnify for the damage with a limit of total amounts that are paid to the Company by the User as the fee for the Service.
9. When a User gives damages to another User with regard to the use of the Service, or some disputes arise with third parties, the User shall indemnify for the damages or resolve the disputes at her own expenses and responsibility, and shall not cause any inconvenience or damage to the Company.
10. In the event that the Company is requested for damages by third parties due to the User’s acts, the User shall resolve this problem at her expenses (attorney fees) and responsibility.
11. In cases where the Company pays for the damages to the third party, the User shall pay all the expenses including the indemnification for the damages (also including attorney fees and lost profits).
12. When the User give damages to the Company with regard to the use of the Service, the User shall indemnify for the damages (including court costs and attorney fees) at her expenses and responsibility.
13. The Company shall not guarantee the accuracy of the information and contents posted in the Service. The Company shall not be liable for any dispute or trouble concerning the information and contents posted in the Service.

Simply put

Please use the service at your own risk. We are not responsible for any problems that may arise between creators and clients, so please resolve such problems between the two parties. We will not be held responsible for any damages incurred by users in the use of this service, except in cases of willful misconduct or gross negligence on our part.

Art.12 (Publication of advertisement)

The User understands that the Service may include all kinds of advertisements. Also, the User understands and approves that the Company or its affiliated parties may post all kinds of advertisements. The form and scope of the advertisements on the Service shall be subject to occasional changes by the Company.

Simply put

Advertisements and affiliate links may be placed on the site.

Art.13 (Prohibition of right assignment)

1. The User shall not transfer all or part of the position defined in these Terms of Service and the rights or obligations based on these Terms of Service to third parties without prior written consent by the Company.
2. The Company may assign all or part of the Service to third parties at the discretion of the Company and in such cases all the rights of User within the range of assigned rights including the User’s accounts shall be assigned to the assignee.

Simply put

The user's account may not be sold or given to a third party.

Art.14 (Separability)

Even if any provision of these Terms of Service or any part of it is determined to be invalid or unenforceable by the Consumer Contract Law, or other laws and regulations, remaining provisions and parts of them in the Terms of Service shall continue to be fully valid.

Simply put

If any part of this Agreement is found to be invalid, it does not invalidate the entire Agreement, and the remaining parts remain valid.

Art.15 (Governing Law)

The validity, interpretation, and performance of these Terms of Service shall comply with Japanese law and be interpreted in accordance with it.

Simply put

If any question arises regarding this Agreement, it shall be resolved in accordance with the laws of Japan.

Art.16 (Jurisdiction Competent Court)

In the events of lawsuits between the User and the Company, the Tokyo District Court or the Tokyo Summary Court shall be an exclusive jurisdictional court.

Simply put

If the case goes to court, it will be held at the Tokyo District Court.