These Terms of Service (hereinafter referred to as "Terms") set forth the terms and conditions for the use of the services (hereinafter referred to as "Service") provided by Teracy Inc. (hereinafter referred to as "Company") on this website. Users of this Service (hereinafter referred to as "Users") are required to agree to these Terms before using the Service. By using the Service, Users are deemed to have agreed to all provisions of these Terms.
1. Application and Amendment of Terms
1.1. These Terms shall apply to all relationships between Users and the Company regarding the use of the Service. The Company may establish other rules, etc. (hereinafter referred to as "Individual Regulations") regarding the use of the Service in addition to these Terms. These Individual Regulations shall constitute part of these Terms regardless of their names. In the event of any conflict between the provisions of these Terms and the Individual Regulations, the Individual Regulations shall prevail unless otherwise specified in the Individual Regulations.
1.2. The Company may change these Terms at any time at its discretion, and Users shall accept such changes.
1.3. When these Terms are changed, the changed Terms shall take effect when notified to Users and displayed on the Company's website. The Company may also seek Users' consent to the changed Terms.
1.4. If a User is a minor, please obtain the consent of a parent or legal guardian (including consent to these Terms) before using the Service. If a User who was a minor at the time of agreeing to these Terms uses the Service after reaching the age of majority, they shall be deemed to have ratified their use of the Service during their minority.
2. User Agreement
2.1. For this Service, a user registration is completed when a prospective registrant agrees to these Terms, applies for user registration by the method specified by the Company, and the Company notifies the prospective registrant of its approval. The user agreement is established on the registration date of the user ID and password for using the Service, which shall be the start date of use, and these Terms shall apply.
2.2. The Company may not approve the application for user registration if it determines that the applicant falls under any of the following items, and the Company shall not be obligated to disclose the reason:
(1) When the User has provided false information in the application for user registration (2) When the application is from a person who has violated these Terms or other contracts related to this Service in the past (3) When the Company determines that the User or their affiliates are anti-social forces such as organized crime groups, members of organized crime groups, or other similar entities, or have any interaction or involvement with anti-social forces through funding or other means (4) Other cases where the Company deems the user registration inappropriate
3. Management of User ID and Password
3.1. Users shall appropriately manage their user ID and password for the Service at their own responsibility.
3.2. Any setup work necessary for Users to use the Service shall be carried out at the User's own responsibility, and the Company shall not be liable for any costs, damages, or other economic burdens incurred by Users or third parties due to such work.
3.3. Users may not transfer, lend, or share their user ID and password with any third party under any circumstances. When a login is made with a combination of user ID and password that matches the registered information, the Company shall deem it as use by the User who registered that user ID.
3.4. The Company shall not be liable for any damage caused by the use of a user ID and password by a third party.
4. Suspension and Termination of the Service
4.1. The Company may suspend or interrupt the provision of all or part of the Service without prior notice to or consent from Users if it determines that any of the following applies:
(1) When performing maintenance, repairs, or updates of the computer system related to the Service (2) When the provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters (3) When computers or communication lines are stopped due to an accident (4) Other cases where the Company reasonably determines that it is necessary to suspend or interrupt all or part of the Service
4.2. The Company shall not be liable for any disadvantage or damage suffered by Users or third parties due to the suspension or interruption of the Service.
5. Usage Environment and Storage Capacity
5.1. Users shall properly prepare all necessary equipment, software, and means of communication to use the Service at their own responsibility and expense.
5.2. Users shall take security measures such as prevention of computer virus infection, unauthorized access, and information leakage according to their usage environment.
5.3. The Company shall not be involved in or responsible for the User's usage environment.
5.4. The storage capacity provided by the Service shall be the basic capacity predetermined by the Company for each ID.
5.5. If a User uses storage exceeding the capacity specified in the preceding paragraph, additional fees will be charged.
5.6. Users shall record, store, and manage data saved on the Service at their own responsibility, and the Company shall not be responsible for any damage caused by the loss or disappearance of data.
6. Prohibited Actions
6.1. Users shall not engage in any of the following actions when using the Service. If a User violates or is likely to violate these Terms, the Company may suspend or delete the User's account without prior notice:
(1) Actions that violate laws or public order and morals, or cause disadvantage to others (2) Actions related to criminal activities (3) Actions that directly or indirectly provide benefits to anti-social forces in relation to the Company's services (4) Actions to alter the contents of the Service, or extract source code, etc. by reverse compilation, reverse engineering, or other methods (5) Actions that infringe on the Company's or third parties' trade secrets, privacy, credit, copyrights, or other intellectual property rights (6) Actions to distribute or make available content that violates laws, obscene or threatening content, or data contaminated with viruses, etc. (7) Actions to provide unnecessary advertisements, spam, chain mail, or other solicitation information to the Company or third parties (8) Improper use of issued IDs, or transfer or lending them to third parties (9) Actions that interfere with the operation or maintenance of the Company's Service or business (10) Actions to use the Service to access content protected by rights or unauthorized sites (11) Other actions that the Company deems inappropriate (12) Actions to register, store, or use individual numbers as defined in the "Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures" through the Service (13) Actions that affect the Company's business, such as using the Service to develop similar products or services, or for benchmarking (14) Actions to record audio or video by illegal means, and transfer or publish recorded audio or video data to third parties without justifiable reasons
7. Intellectual Property Rights
7.1. Users may use the Service and post or upload information such as text, images, and videos only if they own the necessary intellectual property rights, including copyrights, or have obtained permission from the necessary rights holders.
7.2. The copyrights of text, images, videos, etc. posted or uploaded by Users through the Service shall be retained by the User or existing rights holders. However, the Company may use such posted or uploaded text, images, videos, etc. to the extent necessary for improving the Service, enhancing its quality, correcting deficiencies, and promoting the Service, and Users shall not exercise their moral rights of authors regarding this use.
7.3. The Company retains all property rights, including copyrights and other intellectual property rights, related to the Service or content (including stories, articles, text, images, etc.). Except for licenses granted by the Company, no rights, titles, or interests in the Service and any content are granted to Users.
7.4. Even if a third party makes a claim against a User for infringement of copyrights or other intellectual property rights due to the use of the Service, the Company shall not be responsible in principle, and any damages incurred by the User or third party shall be borne by the parties involved.
8. Usage Restrictions and Account Deletion
8.1. The Company may delete posted data, restrict the use of all or part of the Service, or delete the User's registration without prior notice if the User falls under any of the following:
(1) When the User violates any provision of these Terms (2) When it is found that there is false information in the registration details (3) When the credit card registered by the User as a payment method is suspended (4) When there is a default in payment of fees, etc. (5) When there is no response to the Company's contact for a certain period (6) When there has been no use of the Service for a certain period after the last use (7) Other cases where the Company deems the use of the Service inappropriate
8.2. If any of the items in the preceding paragraph applies, the User shall naturally lose the benefit of time for all obligations to the Company and shall immediately pay in full all obligations borne at that time.
8.3. The Company shall not be liable for any damage caused to the User by actions taken by the Company based on this article.
9. Termination of the Service
Users may withdraw from the Service through the withdrawal procedure specified by the Company.
10. Disclaimer and Exemption
10.1. Users shall prepare information terminals, OS, communication environment, etc. suitable for the Service at their own responsibility, and the Company shall not be liable for any damage suffered by Users due to inability to use the Service because of an incompatible environment.
10.2. The Company makes no warranty of any kind regarding the continuity, completeness and certainty of communication, reliability, availability, security protection, error-free nature, virus-free nature, or guarantee of defect correction of the Service.
10.3. The Company shall not be liable for any damage suffered by Users due to interruption, stoppage, termination, unavailability or change of the Service provided by the Company, deletion or loss of data sent or received by Users, loss of registration data due to use of the Service, or failure or damage to equipment, or other matters related to the use of the Service.
10.4. Even if the Company is liable for any reason, the Company shall not be liable for compensation exceeding the total amount of consideration paid and payable by the User to the Company during the usage period to which the event that caused the liability belongs, and shall not be liable for compensation for incidental damages, indirect damages, special damages, future damages and lost profit damages.
10.5. If a User causes damage to a third party through the use of the Service, or if a dispute arises between a User and a third party, it shall be resolved at the User's own responsibility and expense. The same shall apply if a User suffers damage from a third party in connection with the use of the Service.
10.6. When using the audio and video recording function of the Service, Users shall use it at their own responsibility, and the Company shall not be responsible for any disputes arising from the audio and video recording function, such as whether the consent of the other party was obtained when acquiring information or the method of storing and managing the acquired information, except in cases of intentional or gross negligence by the Company. In addition, Users shall back up the recorded audio and video data at their own responsibility and expense, and the Company may, at its discretion, impose restrictions on the amount of data storage, storage period, etc., and shall not be responsible for any damage caused to Users as a result.
11. Changes to Service Content
The Company may change the content of the Service or discontinue the provision of the Service without notifying Users, and shall not be liable for any damage caused to Users as a result.
12. Changes to Terms of Service
The Company may change these Terms at any time without notifying Users when it deems necessary. If a User starts using the Service after the change of these Terms, the User shall be deemed to have agreed to the changed Terms.
13. Handling of User Information
13.1. The Company shall properly handle User information obtained through the use of the Service in accordance with the Company's "Privacy Policy," and Users shall agree to the Company's handling of User information in accordance with said Privacy Policy.
13.2. The Company may use and disclose information and data provided by Users to the Company as statistical information in a form that cannot identify individuals, at the Company's discretion, and Users shall not object to this.
13.3. When handling information of other Users in the process of using the Service, Users must comply with the Personal Information Protection Law and other laws and regulations. When acquiring and storing information about other Users through the audio and video recording function or other functions of the Service, Users shall do so at their own responsibility regarding the consent of the other party and the method of storing and managing the acquired information.
14. Notifications or Communications
Notifications or communications between Users and the Company shall be made by the method specified by the Company. The Company shall deem the currently registered contact information as valid and send notifications or communications to that contact information unless there is a change notification from the User in accordance with the method separately specified by the Company, and these shall be deemed to have reached the User at the time of transmission.
15. Prohibition of Transfer of Rights and Obligations
Users may not transfer their position under the usage contract or rights or obligations based on these Terms to a third party, or provide them as collateral, without the prior written consent of the Company.
16. Indemnification by Users
Users shall defend the Company from claims, demands, lawsuits, or legal proceedings (hereinafter referred to as "Claims against the Company") made by third parties against the Company on the grounds that the data stored by the User on the Service infringes or misappropriates the intellectual property rights of said third party, and shall compensate the Company for any damages, attorney's fees, or amounts paid by the Company based on a settlement approved in writing by the User, as a result of Claims against the Company.
17. Severability
Even if any provision of these Terms or part thereof is determined to be invalid or unenforceable, the remaining provisions of these Terms and the remaining parts of the provisions determined to be partially invalid or unenforceable shall continue to be fully effective.
18. Language
These Terms are provided in both Japanese and English. Both language versions shall be equally authentic and of equal legal effect. In the event of any discrepancy or inconsistency between the Japanese and English versions, the Japanese version shall prevail. Any translations into other languages are provided for convenience only and shall have no legal effect.
19. Governing Law and Jurisdiction
19.1. Japanese law shall be the governing law for the interpretation of these Terms or the Service.
19.2. In the event of a dispute regarding these Terms or the Service, the court having jurisdiction over the location of the Company's head office shall be the exclusive agreement jurisdictional court.
19.3. If there are any matters not stipulated in these Terms or contracts related to the Service, or if any doubts arise regarding the provisions of these Terms, Users and the Company shall consult with each other and resolve them amicably.
