Terms and Conditions of Use shown here (“the TOU”) set forth the terms and conditions between Kizuku inc. (“the Company”) and you regarding the Inemuri service provided by the Company (“the Service”).
1. Agreement to this TOU
1.1. You shall use the Service in accordance with the terms and conditions stated in this TOU. You may not use the Service unless you agree to this TOU. Such agreement shall be legally effective and irrevocable.
1.2. If you are a minor, you may use the Service only with consent from your parent(s) or legal guardian(s).
1.3. By actually using the Service, you are deemed to have given your effective and irrevocable agreement to this TOU.
2. Modification of this TOU
2.1. The Company may modify this TOU at its sole discretion at any time, without providing you any prior notice. The modification will become effective once the modified TOU is posted at an appropriate location on a website or any pages of the Service operated by the Company. You shall be deemed to have granted effective and irrevocable consent to the modified TOU by continuing to use the Service. The Company is not obliged to provide you with separate notification or individual notification regarding the modification. It is your responsibility to refer to and confirm this TOU on a regular basis when you use the Service.
2.2. In the case where any Other Service’s TOU is modified, it is your responsibility to refer to and confirm such modification. The Company is not obliged to provide you with separate notification or individual notification regarding the modification. Please take personal responsibility for regularly checking the latest versions of Other Services’ TOUs.
3. Privacy
3.1. The Company places the highest priority on your privacy.
3.2. The Company promises to exercise the utmost care and attention regarding its security measures for the continued security of any and all of your information.
3.3. The Company acquires your location information for the purpose of creating statistical data which will be used for provision of the Service, enhancement of the convenience of the Service or improvement of the Service.
3.4. The Company promises to protect your privacy and personal information in accordance with the LINE Privacy Policy, unless otherwise provided in this TOU.
4. Modification of this TOU
4.1. The Company may modify this TOU at its sole discretion at any time, without providing you any prior notice. The modification will become effective once the modified TOU is posted at an appropriate location on a website or any pages of the Service operated by the Company. You shall be deemed to have granted effective and irrevocable consent to the modified TOU by continuing to use the Service. The Company is not obliged to provide you with separate notification or individual notification regarding the modification. It is your responsibility to refer to and confirm this TOU on a regular basis when you use the Service.
4.2. In the case where any Other Service’s TOU is modified, it is your responsibility to refer to and confirm such modification. The Company is not obliged to provide you with separate notification or individual notification regarding the modification. Please take personal responsibility for regularly checking the latest versions of Other Services’ TOUs.
5. Rights to the Service
5.1. The Company grants you the non-transferable, non-re-licensable, non-exclusive license only for the purpose of using the Service, and retains the right to revoke the license at any time.
7.2. All rights regarding the Service shall be reserved by the Company or a third party who grants the Company the rights thereof, with the exception of the license provided per the preceding clause.
6. Cessation or Suspension of the Service
6.1. The Company may cease or suspend provision of the Service without any prior notice at any time when the Company has determined it is necessary, including, but not limited to, in the case of system maintenance, or failures of telecommunication lines, online systems or computers. The Company shall not be liable for any damages or losses you incur in connection thereof.
6.2. The Company may terminate the Service without providing you any prior notice. In the case of the termination of the Service, regardless of the reason, all rights to the Service and all rights and information registered in the Service shall expire. The Company shall not be liable for any damages or losses you incur in connection thereof.
7. Advertisement
The Company reserves the rights to provide Users with advertisements for the Company, or a third party, through the Service.
8. Your Responsibility
12.1. You shall use this Service at your own risk, and shall bear all responsibility for actions carried out and their results upon using this Service, unless otherwise provided in this TOU or other applicable terms or regulations.
8.2. In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer’s fees) directly or indirectly (including but not limited to cases where the Company has been sued for damages by a third party) due to your violation of applicable laws or this TOU while using the Service, you shall immediately compensate the Company upon its request.
9. Prohibited Matters
9.1When using the Services, Members are prohibited from engaging in the actions set forth in the following items:
(1)the violation or breach of laws, ordinances, these Terms and Conditions, the terms of use established for each of the Group Sites, etc., the Terms and Conditions, Etc.;
(2)Harming the rights, interests, or reputation and the like of the Group, Service Providers and other third parties;
(3)Engaging in actions which may have an adverse psychological or physical effect on minors, or actions which are contrary to public order and morals;
(4)Engaging in actions which aggravate or offend other users and other third parties;
(5)Entering false information;
(6)Transmitting or posting malicious computer programs, e-mail or the like;
(7)Improperly accessing the Group’s server or other computers; or
(8)Loaning or assigning to a third party, or sharing with a third party,a Member’s user ID and password
10. The Company’s Exemption from Liability
10.1. The Company does not expressly or implicitly guarantee that the Service is free from de facto or legal flaws(including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
10.2. The Company shall not be responsible for any damages inflicted upon Users in relation to the use of the Service. However, if the agreement(including but not limited to this TOU) between the Company and you regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then the preceding sentence in this clause shall not be applied.
10.3. Notwithstanding the prescription in Clause 10.2 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or you predicted, or could have predicted) resulting from breach of contract or act of tort caused by the Company’s negligence (except for gross negligence). The compensation for ordinary damages resulting from breach of contract or act of tort caused by the Company’s negligence (except for gross negligence) shall be limited to the total amount of received fees from you in the particular calendar month in which such damages occurred.
10.4. The Company may take measures that the Company considers necessary and appropriate, including, but not limited to, prohibiting use of the Service, if the Company acknowledges that you are using the Service in a way which violates this TOU.
10.5. Notwithstanding the prescription in Clause 10.4 above, the Company shall not be responsible for correcting or preventing such violations towards you or others.
12. Language, Governing Law and Jurisdiction
The governing language of this TOU shall be Japanese. Other language translations shall be used for reference purposes only. In the event of a contradiction between the Japanese version and a translation, the provisions in the Japanese version shall take precedence over any other translation. This TOU shall be governed by the laws of Japan. Any disputes between you and the Company which may arise out of, in connection with, or in relation to the Service, shall be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.
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