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Site Terms of Use

Acceptance of this Agreement These Terms of Use

This Document is the original version of the Terms of Use (the English version). All Users agree and acknowledge that the original version is legally binding.

If there is any difference or a contradiction between This Document and the translated version, the original version will be given priority.

Discontinuation of togenkyo Service(s)

togenkyo retains the right to modify Our Service(s) without forewarning Users.

togenkyo may also, due to maintenance, system restoration, power failure, natural disaster or any other Force Majeure; permanently or temporarily discontinue any number of Our Service(s). In such cases we will attempt to notify Users beforehand; but in emergencies we may not be able to.

togenkyo retains the right to modify Service(s), or partially or completely discontinue Service(s) at togenkyo's discretion, at any time togenkyo deems appropriate. When or after a Service(s) is discontinued or erased, togenkyo retains the right to deem whether or not to erase all posted data on togenkyo servers (or third party servers used by togenkyo).

togenkyo is not liable to any Users, and is not responsible for any damages or losses incurred due to the discontinuation of Our Service(s) for any reason.

Prohibited Conduct and Bans

togenkyo expressly prohibits the following conduct, or any corresponding conduct as determined by togenkyo, on Our Services. togenkyo retains the right to ban, without warning, any User who has engaged in prohibited acts or conduct, or take any possible form of legal action; and may demand compensation or reparations from any User who caused any form of damage to togenkyo or a third party.

Please refer here to see our Copyright Guideline.

Violations of these Terms of Use.

Breaching the trust of, or defaming other Users or third parties.Infringing others' Privacy rights, Image rights etc.

Infringing on other Users' and/or third parties' industrial property rights (patents, trademarks etc.), copyright, trade secrets and/or intellectual property rights.

Uploading or posting unlawful content, and/or supporting or encouraging illegal activity including but not limited to causing injury, theft, suicide, the use and/or sales of illicit substances as well as acts that encourage, solicit or suggest the use and/or sales of drugs.

Maintaining content which violates local, regional, national, or international law; in particular that which violates US law.

Depictions and/or conduct that go against public order or are immoral. Publishing and/or releasing vulgarities, in the form of video, audio, image, text etc. against other Users and/or third parties; or assisting in such an act.

Hindering, interfering with, disturbing or blocking the use of Our Services to other Users, or engaging in conduct or performing actions which cause difficulty for others; or assisting in such an act.

Engaging in discrimination against individuals, specific groups, government organizations, nations, products, political administrations, beliefs, ideas, ideologies, race, religion, ethnicity, gender etc. ; or engaging in slander or libel or any similar act that causes defamation to others; or assisting in such an act.

Claiming to be another individual, business or organization, regardless of whether or not such an entity actually exists; and/or falsely claiming to be partners and/or in collaboration with an organization or business; or other such acts.

Impersonating togenkyo content providers or management, or any other third party.

Publishing or posting defamatory content or information which could potentially lead to damages to togenkyo or togenkyo's business partner(s).

Acting in such a way as to place burden on togenkyo's server(s); disrupting, damaging, limiting or interfering with togenkyo's or others' computer software, hardware capabilities etc. or assisting in such an act.

Posting the same, or similar, post or comment repeatedly. Spamming and/or trolling or other such acts.

Engaging in conduct which is detrimental to the healthy development of, or causes harm to minors (eg. sending or posting violent images or text of child pornography, child prostitution, bestiality, or violence), or anything that promotes or assists such conduct.

Giving advanced notice of crimes or of actions leading to crime, or posting threatening information which can be viewed by an unspecified number of people.

Using Our Service(s) as a medium to do illegal business or commit conduct that runs counter to the law.

Engaging in malignant business practices, our excessive solicitation to advertisements or religion.

Establishing or recruiting people into pyramid schemes or other similar acts.

Selling or attempting to sell Our Service(s) to a third party.

Using, registering or upgrading mass amounts of software or programs, causing high access, and preventing our service from operating as intended.

Collecting, video recording, duplicating, falsifying, distributing and/or displaying of contents and/or data acquired from Our Services without permission or the use, introduction or suggesting of tools or other means that may promote or encourage these acts.

Inappropriate use or registration of multiple accounts or other conduct that prevents the stable operation of Our Services.

Engaging in conduct that is detrimental to togenkyo through misappropriate use and/or conducting prohibited actions by taking advantage of bugs, system malfunction etc.

Acting by deleting or concealing togenkyo's advertising space, or altering the position, color, size, code or other such properties of advertisements.

Engaging in any other action which togenkyo deems to be inappropriate.

Users and Members are forbidden to publish or post any prohibited kind of content such as text, image, music, video etc. Even in the event that such data is set as private or limited in its Exposure Settings, applicable data is considered a violation the moment it arrives on togenkyo Server(s).

togenkyo retains the right to deem what counts as a violation.

Precautions when using Services and/or Points

Members who have been deemed to have violated the Terms of Service and have their accounts frozen or canceled, will also have their contracts canceled. Even if this occurs before a contract is due to finish, requests for refunds of remaining money will not be valid. Points that are held by Users shall not be refunded.

Point

a.Points awarded by the Site after a Member's purchase of content shall be indicated as 1 point = 1 car, and each car can be used as 1 US$1 minute only for the Site's services, such as the purchase of content on the Site.

b.The expiration date shall be one year from the date of use or addition. In the event of withdrawal or forced cancellation of membership, any remaining unused points will be deleted.。

c.Points cannot be exchanged for cash or cash-equivalent electronic money. Points may not be transferred or resold to a third party.

d.The use of points shall be deemed to be by the member if the member's ID and password are confirmed to match the registered ones by the prescribed method. Even if the use is unauthorized by a third party, the site shall not refund the points used and shall not be liable for any damage incurred by the member.

e.If a payment using points is cancelled due to defects such as corruption of digital data or malfunction, the corresponding points shall be refunded.

f.In the event of a cancellation of a purchase made using both credit card and points, the credit card amount and the points amount used shall be refunded, respectively.

Content Prohibited by Age

There are pages within Our Services that are may only be viewed by adults (Hereby referred to as "Adult Content"). There is no assurance that the services provided within the Adult Content area(s) of Our Services will include sexual content.
Conditions of Use of Adult Content

Adult Content on Our Services is only permitted to be viewed by those of the age of 18 or over. Viewing by Users and Members below the age of 18 is prohibited.

Publishing of Adult Content shall be restricted to the Adult areas within Our Services.

Publishing Adult Content on Our Services that includes performers, subjects and models etc. that are under the age of 18, or cannot prove that they are above the age of 18, is prohibited.

Guarantee Limitations

togenkyo will always try as hard as possible to maintain stability in Our Service(s), business practices, use and effects of use. However, togenkyo does not guarantee any of the following.

Continual operation. Operation of Service(s) without interruption.

Total or complete recovery or restoration of any Service(s) that experiences a defect or bug.

That destructive and/or malicious components such as computer viruses do not exist within Our Service(s).

Provision of security methods to secure against the above 3 items.

Right to Change Prices, Content, and Terms and Conditions

a.)We reserve the right to change at any time and at our discretion the prices of the products, the content of the website, and all of these terms and conditions.

No cancellations or refunds for any reason will be accepted. However, if, at the sole discretion of the site, the contractor requests a refund, the amount will be returned in points or credited to the contractor's credit card on file.

In such cases, if the price of the product has changed from the time of purchase, the refund shall be the price at the time of purchase.

b.)PayPerView fee is one of the billing methods for paid information content, in which, as the English term implies, you pay an individually specified fee for the amount you watch.

You are charged only when you agree to purchase content from this site.

If a member downloads PayPerView content from this site within 20 days of purchase, the member may view the downloaded file indefinitely, and is not limited to viewing the file only once.

Member understands that he/she will be charged upon completion of the purchase procedure, regardless of whether or not he/she downloads or actually views the content within the 20-day download period.

c.)In order to ensure a pleasant experience for all visitors to this site, we have established the following download limits.

The maximum amount of downloadable data in a 24-hour period is limited to 18.0 Gbytes.

The download limit will be imposed when the total transfer volume downloaded within 24 hours retroactively from the most recent download operation reaches 18.0 Gbytes.

When 18.0 Gbyte is reached, an error message "Download not available" is displayed, and downloading becomes possible again after a certain period of time has elapsed.

The number of files that can be downloaded in an hour is limited to 10.

When the number of files reaches 10, an error message stating "Download not available" will be displayed, and downloading will be possible again after some time has elapsed.

Simultaneous downloading using software such as downloaders is prohibited. Violators may be subject to access restrictions or suspension of ID usage, and refunds for the remaining usage period are not possible.

Note: Even if the download is aborted in the middle of a download or the download operation is forcibly terminated due to a malfunction, it will be counted as part of the download capacity limit.

Force Majeure

togenkyo can not be held accountable for not meeting, or being delayed in fulfilling it's obligations in these Terms of Use, including but not limited to, cases of natural disasters, inaction by authorities, fire, strike, flood, pandemic, violence, acts of war or other such circumstances which are reasonably beyond the powers of togenkyo to control.

Disputes The laws of EU are applied to these Terms of Use.

Any disputes resulting from the use of Our Service(s), will be resolved through arbitrary proceedings recognized by EU.

If a resolution cannot be made through arbitration, a EU Court receives exclusive jurisdiction rights.

A contract may be created between the merchant and cardholder, where in this case, the governing jurisdiction would be EU. All disputes resulting from this contract will be resolved through arbitrary proceedings recognized by EU, and not by the above clause. If a resolution cannot be made through arbitration, a EU Court receives exclusive jurisdiction rights.

The parties concerned are responsible for their own legal costs in court and arbitration. A contract may be created between the merchant and cardholder, where the governing jurisidiction is EU. All disputes resulting from the contract will be resolved through arbitrary proceedings recognized by EU. if a resolution cannot be made through atbitration, a EU Court received exclusive jurisdiction rights.

If any clauses in This Document are found to be invalid, or otherwise non-binding, by a court; all other clauses will still remain as valid and binding.

Advertising

All business relating to placing advertising on Our Service(s) is the responsibility of Users and corresponding advertisers. togenkyo holds no responsibility for any losses or damages suffered, due to the posting of advertising on Our Service(s).

togenkyo may modify advertising space, position and/or display duration without forewarning. Users agree to and acknowledge this.

Revision of our Terms of Use

togenkyo retains the right to alter or revise these Terms of Use at any time, as togenkyo deems necessary, without the consent of Users.

New stipulations in a revised Terms of Use will come into effect immediately after the Terms of Use have been posted onto the web.

The latest version of these Terms of Use shall be deemed to have been agreed to while togenkyo is still being used.

Refunds and Returns Policy

As for charge to use the togenkyo services and payment, you are to follow regulations fixed by these terms of use or those fixed for each togenkyo service.

You are to bear commission, tax or lump-sum payment for each service.

You are to bear commission, tax or lump-sum payment for each service.

Even if we cannot collect a charge from a card company or its agency, you must agree to make a payment charged by us.

When you approve billing to the credit card you specified, (we receive advance payment from a credit card company), we consider that you accept not only the billing you approved but also all the billing form the togenkyo services you use (until the user cancels the services and cancellation procedure is completed) as long as the credit card is valid. In order to use a credit card, you must agree to this clause.

We may revise charges or contents of services without users' approval. And also the revised charges will be applied when you renew your contract of a service.

When you do not make a payment until the specified date provided by these terms of use and each service you must pay a late payment charge fixed by togenkyo.

Payment must be made by the method we specify. When you make a payment by other methods or when losses are caused by it, we are not liable for them.

Users agree to the fact that they cannot shorten the contract period of Services.

No requests for refunds, after purchasing Points or agreeing to use Services, will be valid under any circumstances.

In the event of a request for chargeback from a credit card company, the corresponding account shall be suspended.

togenkyo Video Terms of Use

The togenkyo Video Terms of Use constitute a part of the togenkyo Terms of Use. The togenkyo Video Terms of Use (Hereby also referred to as "This Document") and the "Fundamental Guidelines" section of the togenkyo Terms of Use apply to the use of the togenkyo Video service.

togenkyo Video is a service which stores and distributes text, sound and/or video files, created and/or uploaded by Users, onto a webpage. togenkyo Video is comprised of both a Free Version and, for those who pay a User Fee, a Premium Version.

   1. Personal Information

togenkyo Video complies with the togenkyo Privacy Policy when managing and protecting Users' Personal Information.

 2. Prohibited Conduct and Bans

togenkyo retains the right to ban, without forewarning, any Users who engage in any of the following conduct. Also, releasing and/or uploading any prohibited content is expressly forbidden. togenkyo retains the right to delete and/or remove any corresponding content.

Users may not engage in any conduct or commit any acts prohibited by the Fundamental Guidelines, or any similar act.

The use of service to store videos instead of sharing is prohibited.

togenkyo retains the right to take all measures or legal procedures against Users who violate the Fundamental Guidelines.

Whether or not a User's conduct or omission counts as a violation is the right of togenkyo to decide.

 3. Limitation of Liabilities

togenkyo can not be held accountable for any matter mentioned in the Limitation of Liabilities section of the Fundamental Guidelines, nor for any of the following reasons.

This Service is managed from and based in US. togenkyo is not responsible for stating or asserting the correct, appropriate use by Users, anywhere outside of US. Users who access Our Service(s) from any other jurisdiction, are fully responsible for using and/or accessing Our Service(s) in a lawful manner in compliance with local laws and regulations.

 4. Age Restriction

Content which only adults are permitted to view exist on the togenkyo Video Service (Hereby respectively referred to as "Adult Content".)

Conditions relating to Adult Content

Adult Content is only permitted to be viewed by Users over the age of 18. Users under the age of 18 are expressly forbidden from viewing Adult Content.

Users must upload all Adult Content into the Adult Content section of togenkyo Video (https://www.10genkyo.com/index.php).

All people photographed and/or videoed, performers, models etc. must be 18 years of age or above at the time the images were taken.

Any Adult Content including people photographed or videoed, performers or models etc. who are under 18 or can not prove they are 18 or older is expressly forbidden to be released on Our Service(s).

5. Premium Services

togenkyo Video provides a Pay-for-use Service, under certain provisions.Users enter into a contract with togenkyo from the moment of payment, for a specified Plan. During this contract the User's corresponding Account will be set as a Member. Users will comply with the usage fee, the method of payment and reimbursement; indicated both in This Document and on separate established togenkyo sites.

Users who use togenkyo Services and/or togenkyo Points, agree to the "togenkyo Services Terms of Use.

In accordance with togenkyo Payment Rules and togenkyo Reward Rules, Users can receive and/or earn rewards. togenkyo receives a set percentage of those reward earnings.

Users acknowledge and agree to the "Service(s) Terms of Use" at all times while logged in, or all times during a contract with togenkyo. Users also acknowledge and agree that these charges, fees and other such financial conditions and stipulations may be freely changed by togenkyo without any prior notice; and that such new charges, fees and stipulations become effective immediately.

No refunds are provided once payment has been received in any circumstance.

6. togenkyo Video User Content

Users take full responsibility for all text, images and/or video etc. uploaded onto Our Service(s). togenkyo expects that all uploaded User content on Our Service(s) has been done so with permission from the copyright and/or license holder(s).

7. Canceling the Service

When a User wishes to cancel use of the togenkyo Video Service they may do so from the togenkyo ID management screen.

Users relinquish all rights they had using togenkyo Video the moment they cancel togenkyo Video.

8. Amendments to the togenkyo Video Terms of Use

All Users of togenkyo Video acknowledge and accept any and all amendments, changes and revisions to This Document as they occur.

Maintenance

The Site may temporarily or continuously suspend or maintain all or part of the Site without prior notice to the Subscriber in any of the following cases, and the Subscriber agrees to such suspension or maintenance.
a.When it is unavoidable due to maintenance or construction of facilities for this site
b.When unavoidable due to a failure of the facilities for this service
c.In the event of unavailability of telecommunication services due to natural disasters, man-made disasters, riots, or other reasons beyond the control of this Site
d.Other cases in which this site is deemed necessary for operational or technical reasons to be temporarily suspended

Damage

In the event that a Member causes damage to the Site or a third party, the Member shall compensate for such damage at the Member's own responsibility and expense. Members shall be responsible for their own actions when accessing this site as a result of the advertisements displayed on this site or the functions of this site, and this site shall assume no responsibility or liability for the actions or results of the actions of those who access this site.

Disclaimer of Liability

This site makes no warranties with respect to the services and disclaims all warranties as to the availability of the services, the accuracy of the services and their contents, or the completeness, accuracy, adequacy and security of the goods or their fitness for any purpose of use. In addition, the liability of this site and its officers, directors, employees, agents, and affiliated business partners for any failure of system performance, error, omission, interruption, deletion, defect, delay due to collapse, alteration, or use of records (or unauthorized access to records), whether for breach of contract or warranty, or other tortious The maximum liability of this site and its officers, directors, employees, agents, and business partners for any tampering or use of records (or unauthorized access to records) shall be limited to the purchase price for the month in which the damage or injury is reported, regardless of whether or not it constitutes a breach of contract or warranty or other tortious act. In no event shall this site be liable for any damages whatsoever arising out of the use of the products, content, information and data on this site.

Forced withdrawal, suspension of service and termination of contract

The Site may, in its sole discretion, terminate or suspend any or all of a Member's access to the Service for any reason, including, but not limited to, violation of the Terms of Service, if the Member violates or acts in apparent conflict with these Terms of Service, or for any reason whatsoever. termination or cancellation for any reason, including, but not limited to, violation of the Terms of Service. We are under no obligation to provide prior notice of any such action. The Site shall not be liable for any revocation or suspension of a Subscriber's or any person's right to access the Website. Upon termination or cancellation of membership, a member loses all rights to points, redemption privileges, and all other rights related to the use of the service.
b.Members of this Site acknowledge that this Site reserves the right to terminate without notice any member who restricts, inhibits or disrupts any business of this Site or who attempts to alter or gain unauthorized access to any content or features of this Site. Termination shall also apply if you embarrass or threaten any user of this Site or any employee of this Site, post material that is offensive or disruptive to the activities of this Site (including the creation of a subscriber name), post solicitation advertisements, or falsely impersonate any employee of this Site or any other individual.

Withdrawal from membership or loss of membership by a member

a.Either the member or the site may cancel the use of the service at any time. In addition, if a member violates any of the prohibitions in Article 7, or if a member commits any act that violates these Terms of Use, the member forfeits his/her membership.
b.If a member cancels his/her membership, he/she loses all rights to points, redemption privileges, and any other rights to use the service, and has no claim against the Company as a result of the loss of membership.

Add, Change, or Close

a.This site reserves the right to add, change, move, suspend, or delete the service and posted contents at any time without prior notice. Members use this site's services on the assumption that they have agreed to such modification or deletion.
b.The site reserves the right to change or revise these terms and conditions at its discretion without the consent of the members. However, the site shall notify members in advance if there is a possibility of disadvantage to existing members.
c.The Site may, in its sole discretion, terminate the Site for any reason and with prior notice.

Governing law

a.If any provision of these Terms and Conditions is held invalid or unenforceable by a court of law, the remainder of these Terms and Conditions shall remain in full force and effect.
b.This Agreement contains the entire understanding between the Member and the Site and supersedes all prior written or oral understandings. This Agreement is governed by the laws of the country in which the operating corporation of the Site is located.
c.In the event of litigation between a member and the site, the court designated by the site shall be the court of exclusive jurisdiction.

Disclosure and correction of personal information

When someone requests disclosure of his/her own personal information, or when a person requests correction, addition, or deletion of his/her own personal information due to an error in the content, this site will promptly respond to the request after investigating the matter. If we are unable to confirm the identity of the person making such a request, we will not respond to the request.

If you have any of the above requests or inquiries regarding the handling of personal information on this website, please contact us at the following address.

Please click here to contact togenkyo administration office.

Other Poricy

Introduce additional requirements to ensure that web site with adult content and services adopt strong content management measures, including monitoring, blocking and, where necessary, removing content. blocking, and where necessary, taking down of content as appropriate.

• Enter into written agreements with third-party users that upload or generate content for the merchant's website, which include provisions relating to written consent of persons depicted, and identity and age verification of persons depicted;

• Only permit content uploads from verified content providers;

• Have a process for verifying the age and identity of third-party users that upload or generate content;

• Review all uploaded content prior to publication to ensure it is not illegal or otherwise in violation of the Mastercard standards;

• Be able to fully control its platform used for live streaming, including real-time monitoring and content removal;

• Allow a person depicted in content can appeal for its removal;

• Ensure merchant marketing and search terms do not give the impression that its content contains child exploitation materials or depiction of nonconsensual activities;

• With respect to content that is potentially illegal or otherwise in violation of the Mastercard standards:

• not use such content to draw users to the website;

• have a complaint process for the reporting, review, and if warranted, removal of such content; and

• provide monthly reports to the acquirer of such flagged content, along with any complaints received and relevant actions taken in response;

• Have effective policies in place that prohibit the merchant's website from being used to promote or facilitate human trafficking, sex trafficking, or physical abuse.