Article 1 (Definitions)
The definitions of the terms used in these terms are as follows:
|(1) The Service:
|The service operated by the Operator and related services.
|(2) The Website:
|The website on which the contents of the Service are posted.
|(3) The Contents:
|A generic term for characters, sounds, still images, videos, software programs, codes, etc. provided on the Service (including posted information).
|All persons who use the Service.
|(5) Registered Users:
|Those who have completed user registration for the website.
|A character string unique to the registered user for use of the Service.
|A unique code set by the registered user corresponding to the ID.
|(8) Personal Information:
|A generic term for information that can identify an individual, such as an address, name, occupation, and telephone number.
|(9) Registered Information:
|A generic term for the information registered on the website by registered users (excluding posted information).
|(10) Intellectual Property:
|Inventions, devices, new varieties of plants, designs, copyrighted works, and other items produced by human creative activity (including laws or phenomena of nature that have been discovered or clarified and have industrial applicability), trademarks, trade names, and other items that indicate goods or services used in business activities, and trade secrets and other technical or business information useful for business activities.
|(11) Intellectual Property Rights:
|Patent rights, utility model rights, breeder’s rights, design rights, copyrights, trademark rights, and other rights related to intellectual property as defined by law or rights related to legally protected interests.
Article 2 (Agreement to the Terms)
(2) When a user downloads the Service to a smartphone or other information terminal and completes the procedures for agreeing to the terms, a contract for use in accordance with the provisions of the terms shall be established between the user and the Operator.
(3) If the user is a minor, the user shall use the Service only after obtaining the consent of a person with parental authority or other legal representatives.
(4) In the event that a minor user uses this Service by falsely claiming to have consent without the consent of a legal representative, or by falsely claiming to be of age, or by using other fraudulent means to make others believe that he or she is capable of acting, all legal acts related to this service cannot be revoked.
(5) In the event that a user who was a minor at the time of agreeing to these terms uses the Service after reaching the age of majority, the user shall be deemed to have ratified all legal acts related to the Service.
Article 3 (Modification of the Terms)
(1) The Operator may revise the terms at any time without obtaining the consent of users, and users shall agree to such revisions without objection.
(2) The Operator shall notify the user of any revision of the policy by a method specified by the Operator.
(3) The revision of the preceding clause shall take effect at the time when the Operator notifies the user in accordance with the preceding clause.
Article 4 (Account Management)
(1) Users shall voluntarily manage the information registered for use (hereinafter referred to as “Registered information”; e.g., email address, ID, password) under their own responsibility. The user shall not allow a third party to use the registered information, nor shall the user lend, transfer, change the name of, or sell the registered information.
(2) The Operator may treat any use of the Service based on the registered information as to use of the Service by the registered user, and the registered user shall be liable for any and all consequences resulting from such use.
(3) In the event that the Operator or a third party suffers damage due to the unauthorized use of registered information, the user shall compensate the Operator and the third party for the damage.
(4) The Operator shall not be liable for any disadvantage or damage incurred by the user due to inaccurate or false registration information. 5.
(5) In the event that the registered information is found to have been stolen or used by a third party, the user shall immediately notify the Operator to that effect and follow the Operator’s instructions.
Article 5 (Service Period, Service Fees, etc.)
(1) If the Service and the equipment, etc. rented by the Operator to a user in connection with the Service (hereinafter referred to as the “Rental Equipment, etc.”) have a separate service period, such service period shall commence on the date when the user activates the default ID which is sent by the Operator to the user.
(2) All service fees, etc. under the Service Agreement of the Service and Rental Equipment, etc. shall accrue from the first day of the month in which the default ID is activated, and shall not be calculated on a pro-rata basis.
(3) The user shall activate the default ID within 10 days after receiving the default ID from the Operator. If the user does not activate the default ID within the said period, the Operator may terminate the Service Agreement by sending a notice, regardless of the service period of the Service and the Rental Equipment, etc. The Operator shall not be liable for any damage incurred by the user as a result of such termination.
(4) Unless the Operator or the user indicates in writing its intention to terminate the Service Agreement at least one month prior to the expiration date of the service period, the Service Agreement shall be renewed with the same terms and conditions, and the same shall apply thereafter.
(5) Unless otherwise stipulated, the user may, by submitting a notification in the form separately designated by the Operator by the end of the month preceding the month in which the user wishes to cancel, cancel and terminate the Service Agreement at the end of the month following such notification, even during the service period; provided, however, that in the event of termination during the service period, the Operator shall not be obligated to reduce or refund any service fees, etc. already paid for the remaining period, and may demand the full amount of the service fees, etc. for the remaining period, if any, that have not been paid.
(6) Upon termination of the Service Agreement for any reason, the user shall return the Rental Equipment, etc. to the Operator after restoring it to its original condition within 10 days of the termination of the Service Agreement. The user shall bear the shipping costs for the return. The user may not request the Operator to restore the data stored in the Rental Equipment, etc. after the return of it.
(7) In the event of loss or damage of the Rental Equipment, etc., the user shall promptly report such loss or damage to the Operator, and shall compensate the Operator for such loss or damage.
(8) Subleasing, transferring the right to rent, or creating a mortgage or pledge on the Rental Equipment,, etc. is prohibited.
Article 6 (Handling of Personal Information, etc.)
Article 7 (Prohibited Acts)
In using the Service, the Operator shall prohibit users (hereinafter referred to as the “Users”) from the following acts. In the event that the Operator deems a user to have violated any of the prohibited acts, the Operator may take any action deemed necessary, such as suspension of use or deletion of postings, and the user shall agree to such action without objection.
– Infringement of the intellectual property rights of the Operator or a third party
– An act that defames the honor or credibility of the Operator or a third party, or unjustly discriminates or defames the Operator or a third party.
– An act that infringes or may infringe on the property of the Operator or a third party.
– An act that causes economic damage to the Operator or a third party
– An act that threatens the Operator or a third party
– An act that specifies or induces the specification of computer viruses or harmful programs
– An act that places undue stress on the infrastructure facilities for the Service
– Attacks on the server, system, or security of the website
– Attempting to access the Operator’s service through any method other than the interface provided by the Operator
– An act in which a single user obtains multiple user IDs.
– Any other acts that the Operator deems inappropriate.
Article 8 (Handling of Contents)
(1) The users shall be allowed to use the contents of the Service only within the scope specified by the Operator.
(2) The operatorOperator retains the rights to all contents provided by the Sservice and does not grant users any license to use the Operator’s patent rights, utility model rights, design rights, trademark rights, copyrights, or other intellectual property rights.
(3) The users are prohibited from copying, transmitting, transferring (including buying and selling between the users), lending, translating, adapting, reprinting without permission, secondary use, use for commercial purposes, modifying, disassembling, decompiling, reverse engineering, etc. in any way beyond the scope of use specified by the Operator.
(4) Regardless of the preceding paragraph, if a user loses user status due to withdrawal from membership, etc., the right to use the provided content shall also be extinguished.
Article 9 (Optional Services)
(1). A part of the Service shall be optional services, which are available free of charge or for a fee. The amount, the method of payment, and other matters of the optional services shall be determined separately by the Operator and be indicated in the Service or on the Operator’s website.
(2).The Operator may, at its own discretion, change the prices of the optional services that are provided free of charge or for a fee in the Service.
(3).The optional services are available only to the user granted an ID for the license to use the optional services.
Article 10 (Disclaimer)
(1) The Operator shall not be liable for any damage caused by the alteration, suspension, or termination of the Service.
(2) The Operator shall not be involved in, and shall not be responsible for, any environment in which users use the Service.
(3) The Operator does not guarantee that the Service will be suitable for the specific purpose of the user, that the Service will have the expected functions, commercial value, accuracy, and usefulness, that the use of the Service by the user will conform to the laws and regulations applicable to the user or the internal rules of the industry association, or that there will be no defects or security-related defects.
(4) The Operator does not guarantee that the Service is compatible with all information terminals, and users shall acknowledge in advance that the Service may malfunction when the OS of the information terminal used for the Service is upgraded and so forth. The Operator shall not guarantee that such malfunctions will be resolved by the Operator’s modification of the program in the event of such malfunctions.
(6) The Operator shall not be liable for any direct or indirect damages incurred by a user as a result of the use of the Service.
(7) The Operator shall not be liable for any loss of opportunity, interruption of business, or any other damages (including indirect damages or lost profits) incurred by a user or any other third party, even if the Operator has been notified of the possibility of such damages in advance.
(8) The provisions of the preceding paragraphs (1) through (7) shall not apply if the Operator has willful misconduct or gross negligence, or if the user is a consumer under the Consumer Contract Act.
(9) Even if the preceding paragraph applies, the Operator shall not be liable for any damages caused to the user due to negligence (excluding gross negligence) and arising from special circumstances.
(10) In the event that the Operator is liable for damages in relation to the use of the Service, the Operator shall be liable for compensation up to the amount of usage received from the user in the month in which the relevant damages occurred.
(11) The Operator shall not be responsible for any disputes or troubles between users and other users. In the event of a troubles between a user and another user, both parties shall be responsible forresolving the troubles and shall not make any claim to the Operator.
(12) In the event that a user causes damage to another user or has a dispute with a third party in relation to the use of the Service, the user shall, at his/her own expense and responsibility, compensate for such damage or resolve the dispute, and shall not cause any inconvenience or damage to the Operator.
(13) In the event that the Operator receives a claim for compensation etc. from a third party due to an act of a user, the user shall settle the claim at the user’s expense (attorney’s fees) and responsibility. In the event that the Operator pays compensation for damages to the third party, the user shall pay all expenses (including attorney’s fees and lost earnings) including such compensation to the Operator.
(14) In the event that a user causes damage to the Operator in connection with the use of the Service, the user shall compensate the Operator for the damage (including legal fees and attorney’s fees) at the user’s expense and responsibility.
Article 11（Posting of Advertisements）
Users shall be deemed to have understood and agreed that the Service may include any and all advertisements, and that the Operator or its partners may place any and all advertisements on the Service. The form and scope of advertisements on the Service may be changed by the Operator at any time.
Article 12 (Suspension of the Service, etc.)
(1) The Operator may suspend or discontinue the Service, in whole or in part, without prior notice to users, if the Operator determines that any of the following reasons exist
– In the event of maintenance, inspection, or updating of the computer system for this Service.
– In the event that the provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters.
– When the computer or communication lines are shut down due to an accident.
– When the Operator determines that it is difficult to provide the Service in any other cases.
(2) The Operator shall not be liable for any disadvantage or damage incurred by a user due to the suspension or interruption of the Service pursuant to the preceding paragraph.
Article 13 (Termination of the Service)
(1) The Operator shall have the right to terminate the Service by notifying users of the termination in an appropriate manner.
(2) The user shall agree without objection that he/she shall lose all rights to use the paid contents when the Service is terminated and that he/she shall not be able to use the paid contents thereafter.
(3) The Operator shall not be liable for any damage incurred by a user or a third party due to the termination of the Service regardless of the cause.
Article 14 (Prohibition of Transfer of Rights)
(2) The Operator may, at its discretion, transfer all or part of the Service to a third party, in which case all the rights of the user pertaining to the Service, including the user’s account, shall be transferred to the third party within the scope of the transferred rights.
Article 15 (Severability)
Even if any provision of this agreement or a part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of this agreement and the remaining parts of the provisions that are determined to be invalid or unenforceable shall continue to be in full force and effect.
Article 16 (Method of Contacting the Operator)
Users shall contact the Operator regarding the Service by sending a message using the inquiry form provided at an appropriate location within the Service or the website operated by the Operator, or by a method separately designated by the Operator.
Article 17 (Governing Law, Court of Jurisdiction)
(1) The validity, interpretation, and performance of this agreement shall be governed by and construed in accordance with the laws of Japan.
(2) Any and all disputes, lawsuits, and other matters between the Operator and users, etc. shall be subject to the exclusive jurisdiction of the Kashiwara Summary Court or the Kobe District Court, depending on the amount of the lawsuit.