Terms of use

You must be over 18 years of age to register as a member of the Service or to use this Website. By using the Website Japanesefriendfinder.com, you represent, undertake and warrant that you have the right, authority and capacity to enter into this Agreement and to comply with all of the Terms of Use.

1.0 Formation of contract

By registering as a member you enter into a contract with the Company in respect of the Website that may or may not be free of charge. You may upgrade the features of your membership. You will be required to select certain features and terms of your contract and choose a payment method. By clicking on the “Make Payment“ button in the final step of the upgrade-process, you enter into a binding contract regarding the chosen upgrade option at the given price.

2.3 Membership

(a) You may become a member of the Service free of charge. Free membership will only entitle you to participate in some of the features available as part of the Service. In order to access additional features, you must become a paying subscriber to the Service. Accordingly, your use of those additional features is conditional upon the payment of the relevant fees.
(b) You acknowledge and agree that in order to protect the users of this site, you may not apply for or become a member if you have been convicted of an indictable offence or a felony. By applying for membership you warrant and represent to us that you have not been convicted of an indictable offence or a felony nor are you required to register as a sex offender with any government authority.
(c) You acknowledge that currently the Company does not routinely undertake background checks, verify information provided or conduct criminal screenings of its users. We reserve the right to conduct investigations and background checks on all members, to confirm you are not in breach of any warranty and to determine whether any representation is false. You consent to allowing the Company to conduct such investigation and the Company reserves the right to refuse and/or terminate your membership if you breach any warranty of or your representation proves to be false.

2.4 Subscription plans and fees

Subscription plans and their corresponding fees are located at the "Upgrade Membership" page. These subscription fees are subject to change, which changes will be posted on the page of the Website previously described. You acknowledge that there may be discrepancies in relation to subscription fees between jurisdictions, which discrepancies are reflective of costs applicable to a particular jurisdiction and other commercial conditions relevant to that jurisdiction.

2.5 Free trials and other promotions

Any free trial or other promotion that provides free access to the Paid Services must be used within the specified time of the trial.

2.6 Payment

(a) While certain Services are available free of charge, you acknowledge that the Paid Services are available only to Members with a valid subscription or otherwise on payment of a fee. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on the upgrade membership page. Prices are stated in the currency shown on the upgrade membership page and include all applicable taxes unless otherwise stated.
(b) Your membership will be automatically renewed. You can opt out of auto-renewal at any time. If you have not opted out, then, the subscription will be auto-renewed for the periods stated. You can cancel auto-renewal by following the instructions in the Help section of the website.
(c) In the event that we provide a recurring billing facility for the payment of subscription fees applicable to the subscription plan you select, you hereby authorize the Company to charge those fees on a recurring basis (within a reasonable time period). In that case, the Company will cease charging fees upon its receipt of your written notice that such authorization has been terminated. Any such notice shall not affect charges made before the Company could reasonably act. In any event, you must provide current, complete and accurate information to enable subscription fees to be charged correctly, which information must be updated regularly.
(d) We may at any time change our price for a subscription. The new rate takes effect if you apply for a new subscription (whether or not it is your first subscription) after we have posted the details of our new price on the Site. Auto-renewals of existing subscription will continue at the old price.
(e) In the event of suspicious payment activity, we reserve the right to temporarily or permanently suspend payment via your credit card and/or contact you, your bank or any other relevant third party to report such unusual activity and/or obtain additional information. 

2.7 Terms of Use of payment services

When using third party payment services, you must accept and abide by the Terms of Use of those payment services.

2.8 Terms of Gold and Platinum memberships

Please be aware that paying subscribers are divided into Gold and Platinum members, with only the latter being able to access advanced matching, etc.

2.9 Password security

As part of the member registration process, you will be required to select a password. You are solely responsible for selecting a password that is not easily guessed and for keeping your password safe, and agree not to transfer or resell your use of or access to the Website to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.

2.10 Verification of identity

We may from time to time request a form of identification to verify:

(a) your identity;
(b) the information provided by you;
(c) your payment or billing information; and/or
(d) your compliance with our Terms of Use. 

3. The Service

The Service is an internet information service that facilitates contact between members who may or may not be seeking friendship or a relationship. It is not a marriage brokering service, mail order bride service or a matchmaking service. The Company is under no obligation to broker any other member or members for you.

4. Use of the Service

4.1 Own risk

You acknowledge that your use of the Service and the Website is solely at your own risk.

4.2 Accurate information

You represent, warrant and undertake that the information and photos that you supply to the Service, the Website and the Company is/are accurate in all respects, not in breach of this Agreement and not harmful to any person in any way.

Without limiting the above, you must not transmit or post on our website, any images that contain:

• images of any person other than you;
• nudity;
• images of other objects that do not contain you;
• a cartoon or illustration (even if it is of you). 

4.3 Information not confidential

You agree that any material or information provided by you, including Personal Data (as defined in our Privacy Statement and which may include your full name, postal address, telephone number etc.), will be treated as non-confidential and non-proprietary and we may use such material or information without restriction, provided such use to the extent it relates to your Personal Data is compliant with the terms of our Privacy Statement and any applicable laws. Specifically, you consent to the Company using material or information (including any profile information, photographs, video or audio recordings) in order to copy your profile into any other relevant dating site owned and operated by the Company. You acknowledge that any such material or information provided by you will be available for other members or users of the Website to read.

4.4 Information available overseas

(a) Any profile information that you have provided to us will be publicly viewable on your profile, irrespective of the location of the viewer. By creating a profile, you acknowledge that overseas recipients will be able to view your profile.
(b) The Company globally utilizes servers for the storage of your Personal Data which may be located in a country other than your country of residence.
(c) The Company globally utilizes contractors, which may be located in a country other than your country of residence, to conduct background and criminal history checks on individuals.
(d) In order to provide customer support, perform back office functions, perform fraud prevention tasks or provide services to you we may need to allow our staff or suppliers (who may be located or whose resources may be located outside your country of residence) access to your Personal Data. 

4.5 Copyright assigned

You agree that all copyright which subsists in any material or information provided by you to the Company is assigned to the Company for use within the scope of these Terms of Use. You will not post, transmit or otherwise provide any material or information in which the copyright is owned by another person or entity and you warrant that all material and information provided is your original work and not sourced from any third party.

4.6 Legal access

You must ensure that your access to the Website and use of the Service is not illegal or prohibited by laws which apply to you. You are solely responsible for the legality of your actions under all applicable laws.

4.7 Exposure to viruses

You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Service, the Website or any Linked Website.

4.8 Content of profile

(a) You are solely responsible for the content of your profile, messages, video and audio recordings and other materials you may upload to the Service or transmit to other members of the Service.
(b) You agree that you will not upload or post onto your profile or the Website any content which:

(i) is abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, improper or otherwise inappropriate as determined at our sole discretion; or
(ii) depicts, describes, identifies or alludes to any person other than yourself. 

4.9 Interaction with members

You are solely responsible for your interaction with other members of the Service.

4.10 Negative covenants

You represent, warrant and covenant that:

(a) you will not disclose any information provided to you through the Service to anyone without the prior permission of the person who provided it to you;
(b) you will not use the Service to engage in any form of harassment or offensive behavior, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, defamatory or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and privacy rights);
(c) you will not use the Service to engage in group sexual activity, or to solicit contact for the purpose of extra-marital encounters or affairs, or to solicit or engage in prostitution or any other activities that may be illegal in your country of residence;
(d) you will not impersonate any person or misrepresent your age or marital status or place information in your profile that is false or misleading in any way;
(e) you will not harvest or collect email addresses or other contact information of other users from the Service by electronic or other means or use the services to transmit "spam", chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;
(f) you will not use the Service or the Website for any unauthorized commercial purposes;
(g) you will not solicit or attempt to solicit any money, bank account or credit card details or confidential financial information from any member or other user of the Service or the Website;
(h) you will not send money or provide financial information to any person that you have communicated with or met via the Website. The Company will not be liable for any loss (financial or otherwise) suffered by you as a result of this behavior. You agree to report anyone who attempts to solicit money or obtain financial information by either contacting customer support or using the “report abuse” function on the member’s profile;
(i) you will not solicit or attempt to solicit passwords from other members;
(j) you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
(k) you will not harass others by continuing to attempt to communicate with someone who has clearly asked you to cease communications;
(l) you will not post or transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware;
(m) you will not post or transmit in any manner any contact information including without limitation, email addresses, phone numbers, postal addresses, instant messenger IDs, Facebook usernames, URLs, or full names through your publicly posted information;
(n) you will not use non-human or automated bots to login to the Service;
(o) when speaking to our customer service employees on the telephone or communicating with them by any other means, you will not be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive (“Offensive Conduct”). You agree that, should you engage in Offensive Conduct, which is to be determined in our sole discretion, we will have the right to immediately terminate your membership and you will not be entitled to a refund of any subscription payments we have received from you;
(p) you are over 18. All members of our websites are required to be over 18. Our company has zero tolerance for any attempt by any member to engage in any form of cybersex, sexual communication, or sexual contact with any person who is underage. Upon being notified of any illegal or inappropriate communications with a minor, we may report details to the appropriate Law Enforcement Agency. 

4.11 Notification of Copyright Infringement

(a) The Company respects the intellectual property rights of others. If you encounter content displayed on the Website that you suspect belongs to you or a third party, and that content is being displayed in a manner which violates or appears to violate your copyright or other intellectual property right or an intellectual property right belonging to a third party, you may submit a notification by providing the following information to The Company:

(i) Your contact details – including address, telephone number, and email address;
(ii) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(iii) A description of the work or other intellectual property that has or is suspected to have been infringed;
(iv) The name of the website where the suspected infringing material is located;
(v) A description of where the suspected infringing material is located on the Website;
(vi) A statement from you which:
(A) outlines your good faith belief that the disputed use is not authorized by the copyright owner, the agent or the law;
(B) is made, under penalty of perjury, that the information provided in your notice is accurate and supplied in good faith and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

4.12 Use of images

In addition to the provisions of clause 4.5, by providing any photographs, material, information or content to the Company, you acknowledge and agree that the Company may:

(a) reproduce, use, copy, perform, display, distribute and exploit the material, information or content;
(b) prepare derivative works of, or incorporate into other works and other media, such material, information and content; and
(c) license others the same rights granted to the Company in clause 4.12(a) and 4.12(b) above, and you consent to any and all such uses, including, without limitation, for any promotional or commercial purposes. You also warrant that you have the authority to grant the consent referred to in this clause. 

4.13 Mail order bride marriages

This Website does not, and must not be taken to, in any way, aid, procure, promote or provide "mail order bride" marriage-matching services to its users. You acknowledge that the jurisdiction in which you reside may prohibit the advertisement of marriage-matching services or the solicitation of persons to partake in marriages.

If you reside in the Philippines, Belarus or any such jurisdiction that prohibits marriage-matching services to its residents, you hereby warrant, represent and covenant that you will not use the Service or the Website for any purpose in breach of any legislation prohibiting marriage-matching. You hereby acknowledge and agree that it is your sole responsibility to ensure that you do not breach any prohibition on marriage-matching, and further hereby acknowledge and agree that the indemnity contained in clause 18 will apply to your breach of any legislation prohibiting marriage-matching.

5. Information

5.1 Monitor information

We reserve the right to monitor all profiles, messages, chat, instant messages, videos and audio recordings to ensure that they conform to the requirements of these Terms of Use. To ensure that we provide the highest level of service and the safest online environment to our customers, we have engaged one or more third parties to provide online security functions for our customers. Providing this security requires the collection of certain non-personal data from your computer or other device by which you connect to our websites. You expressly acknowledge and agree to our collection, whether directly or by third-party security providers, of certain non-personal data to be used for the sole purpose of ensuring a secure and safe online environment for you. Even though no personal data is collected, we ensure that any third parties with which we contract for security services observe the highest data protection and privacy standards.

5.2 Editing Information

While we do not and cannot review all messages or other material posted or sent by members of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, videos and audio recordings) that we, in our sole discretion, deem to breach these Terms of Use or to be otherwise unacceptable.

5.3 Security of information

Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us or which we transmit to other permitted third parties in accordance with our Privacy Statement. Accordingly, you expressly acknowledge any information which you transmit to us is transmitted at your own risk.

Notwithstanding the above, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

6. Restricted use

Unless we agree otherwise in writing, you are provided with access to the Website for your personal use only. Businesses, groups, organizations and companies are prohibited from registering as member. You are authorized to print a copy of any information contained on the Website for your personal use, unless printing is expressly prohibited.

7. Direct marketing

8. Communication

The Company reserves the right to send electronic mail to you regarding changes or additions to the Service, or any products and services of the Company and its affiliated businesses.

9. Advertisements

9.1 Sole responsibility

Responsibility for the content of advertisements (if any) appearing on the Website (including hyperlinks to the advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertisers’ product or service by the Company. Each advertiser is solely responsible for any representation made in connection with its advertisement.

10. Intellectual property ownership

The Company retains all rights, titles, and interests in the Service and the Website and the corresponding intellectual property rights and reserves all rights not expressly granted.

10.1 Copyright

Copyright in the Service and the Website (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Company. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorized by these Terms of Use, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Service or the Website; or
(b) Commercialize any information, products or services obtained from any part of the Service or the Website; 

without our prior written permission.

10.2 Trade marks

Except where otherwise specified, any work or device to which is attached the ™ or ® symbol is a registered trade mark. If you use any of the trade marks owned by the Company in reference to our activities, products or services, you must include a statement attributing the trade mark to the Company. You must not use our trade marks:

(a) in or as the whole or part of your own trade marks;
(b) in connection with activities, products or services which are not ours;
(c) in a manner which may be confusing, misleading or deceptive; or
(d) in a manner that disparages us or our information, products or services (including without limitation, the Service and the Website). 

11. Linked websites

11.1 Links provided for convenience only

The Website may contain links to other websites ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Websites.

11.2 No endorsement

Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by the Company of the owners or operators of the Linked Websites, or of any information, graphics, materials, products or services referred to or contained on Linked Websites, unless and to the extent stipulated to the contrary. We recommend that you review the terms of use and privacy policy of a Linked Website prior to use of it.

12. Privacy Statement

13. Sale of Website or Services

You agree and expressly consent that, if the Company sells the Website, the Services or its business (or any part thereof) or there is a change in control of the Company, the Company may disclose, assign or otherwise transfer Personal Data, Special Category Personal Data and any other information you transmit on the Website or Services (including photographs and your public profile) to the purchaser or new controlling entity or individual, for the purposes of providing the Services and direct marketing to you.

You acknowledge and expressly agree that the new purchaser or new controlling entity or individual may be located in a country other than your country of residence, and you consent to the transfer of Personal Data to countries other than your country of residence.