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Terms of Use

These Terms of Use (the "Terms") set forth the terms and conditions for the provision of the Service (as defined below), and the rights and obligations between us and the users. You must agree to the Terms by reading the entirety before using the Service.

Article 1 Scope

  • The purpose of the Terms is to set forth the terms and conditions for the provision of the Service and the rights and obligations between the Provider (as defined below) and the Users (as defined below), and the Terms shall be applied to all aspects of the relationship between the Users and the Provider in connection with the Service.
  • If there is any conflict between the Terms and the Rules or any other description regarding the Service not provided for herein, the Terms shall prevail.

Article 2 Definitions

For purposes of the Terms, the following terms have the following meanings.

  • "Service Agreement" means the agreement relating to the use of the Service to be executed under the terms and conditions of the Terms between the Provider and the User.
  • "IP Rights" means copyrights, patents, utility model rights, design rights, trade mark rights and other intellectual property rights (including rights to obtain, or apply for registration of, such rights).
  • "Posted Data" means any content, including but not limited to text, images, animation and other data, that is posted or otherwise transmitted by the User through the Service.
  • "Provider" means the provider of the Service.
  • "Website" means such website as may be from time to time operated by the Provider, whose domain name is emoguard.app (or if the domain name or content thereof is modified for any reasons, such modified website).
  • "User" means any person or entity that uses the Service pursuant to Article 3 (Agreement).
  • "Service" means the service provided by the Provider under the name of EmoGuard (or if the name or content thereof is modified for any reasons, such modified service).

Article 3 Agreement

  1. A person wishing to use the Service ("Applicant") must agree to comply with these Terms in accordance with the manner as may be prescribed by the Provider.
  2. Upon completion of the agreement pursuant to the preceding Paragraph, the Service Agreement shall become effective between the User and the Provider, allowing the User to use the Service pursuant to the Terms.
  3. The Provider reserves the rights to refuse use of any Applicant without any obligation to disclose the reasons, in the event that:
    • The Applicant is a minor, adult ward or person under curatorship or assistance, and applicable approval or consent has not been obtained from such Applicant's legal representative, guardian, curator or assistant;
    • The Applicant is determined by the Provider to (i) constitute an organized crime group or a member thereof, rightist organization, anti-social force or other similar person or entity (collectively, "Antisocial Force"), or (ii) have any interaction or involvement with an Antisocial Force in any manner such as assisting or being involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means;
    • The Applicant is determined by the Provider to be a party having violated any agreement with the Provider, or to have been involved with such violating party;
    • The Applicant has suffered any of the measures under Article 9; or
    • In addition to the foregoing, the Provider deems the registration inappropriate.

Article 4 Data Management

  • The User shall be responsible for keeping and maintaining its password and user ID for the Service in an appropriate manner, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.
  • The User shall be, and the Provider shall in no event be, liable for damages arising out of inappropriate management, misuse, or use by a third party of the User's password or user ID.
  • The User shall back up their data at their own risk. We are under no obligation to back up any of the User's data.

Article 5 Fees and Payment Conditions

  • In consideration for the use of the Service, the User shall pay to the Provider the fees as prescribed separately by the Provider and indicated on the Website, pursuant to the payment conditions as designated by the Provider.
  • If the User fails to pay the aforementioned fees when due and payable, it shall be obligated to pay a default penalty at the rate of 14.6% per annum.

Article 6 Prohibited Actions

When using the Service, the User may not conduct any act that falls under, or is determined by the Provider to fall under, any of the following:

  1. acts that violate any laws or regulations or that are associated with criminal activity;
  2. acts that defraud or threaten the Provider, other Users or other third parties;
  3. . acts against public order and good morals;
  4. acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or interests of the Provider, other Users or other third parties;
  5. acts to transmit through the Service to other Users any information or data that falls under, or is determined by the Provider to fall under, the information or data that:
    • contains excessively violent or cruel content;
    • contains computer viruses or other hazardous computer programs;
    • contains content that damages the reputation or the credit of the Provider, other users of the Service or other third parties;
    • contains excessively indecent content;
    • contains content that encourages discrimination;
    • contains content that encourages suicide or self-mutilation;
    • contains content that encourages drug abuse;
    • contains antisocial content;
    • is intended to be distributed to third parties, including but not limited to chain mails; or
    • contains content that causes uncomfortable feelings to third parties;
    • other content that the Provider deems to be inappropriate.
  6. acts to store or transmit to the Service, through the Service, any information or data that falls under, or is determined by the Provider to fall under, the information or data that:
    • contains computer viruses or other hazardous computer programs;
    • other content that the Provider deems to be inappropriate.
  7. acts that place an excessive burden on the network or system of the Service;
  8. acts to reverse-engineer or otherwise analyze the software or other systems provided by the Provider;
  9. acts that are likely to interrupt the operation of the Service;
  10. acts to access the network or system of the Provider improperly;
  11. acts to impersonate a third party;
  12. acts to use the user ID or password of other users of the Service;
  13. acts of exploitation, advertisement, soliciting or marketing through the Service without the Provider's prior consent;
  14. acts to collect information of other users of the Service;
  15. acts that cause disadvantage, damage or uncomfortable feelings to other users of the Service or other third parties;
  16. acts to provide Antisocial Forces with profit;
  17. acts that are intended to meet unacquainted persons of the opposite sex;
  18. acts that, directly or indirectly, cause or facilitate the acts listed in Items (1) through (17) above;
  19. attempting to conduct any of the acts listed in Items (1) through (18) above; or
  20. other acts that the Provider deems to be inappropriate.

Article 7 Suspension of Service

The Provider shall be entitled to, without any advance notice to the User, suspend or discontinue the Service, in whole or in part, in the event that:

  • Inspection or maintenance of the computer system for the Service needs to be performed due to urgent circumstances;
  • The Provider becomes unable to provide the Service due to error in computers or communication lines, wrong operation, excessively concentrated access, unauthorized access, hacking or the like;
  • The Provider becomes unable to provide the Service due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
  • The Provider determines that suspension or discontinuance is required for other reasons.

Article 8 Ownership of Rights

  • Any and all IP Rights related to the Website and the Service are expressly reserved by the Provider or its licensor. Nothing contained herein shall be construed as granting to the User a license of the IP Rights related to the Website and the Service owned by the Provider or its licensor.
  • The User hereby represents and warrants to the Provider that it has lawful rights to post or otherwise transmit the Posted Data, and that the Posted Data so posted or transmitted does not infringe any third party's rights.
  • The User hereby grants to the Provider a worldwide, non-exclusive, royalty-free, sublicensable and transferrable license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data. In addition, the User (the "Granting User" in this Paragraph 3) hereby grants to the other Users a non-exclusive license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data posted or otherwise transmitted by the Granting User through the Service.
  • The User hereby agrees not to exercise moral rights against the Provider or any other person to which the Provider has transferred or granted the relevant rights.

Article 9 Restrictions on Use

  1. If any of the following events arises in relation to a User, the Provider may, without prior notice or demand, (i) delete, or suspend the display of, the Posted Data, (ii) temporarily suspend the use by the User of the Service, or (iii) refuse the use by the User of the Service as such:
    • The User fails to comply with any of the provisions hereof;
    • The User undergoes payment suspension or becomes insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure was filed against the User;
    • The User has not responded to inquiries from the Provider or other communications requiring a response for 30 days or more;
    • The User falls under any of Items of Paragraph 3 of Article 3; or
    • It is determined to be inappropriate by the Provider that the User continues to use the Service.
  2. In any of the events set forth in Items of the preceding Paragraph, all amounts owed to the Provider by the User shall automatically become due and payable, and the User shall immediately pay to the Provider such amounts in full.

Article 10 Modification and Termination of Service

  • The Provider shall be entitled to at any time modify or terminate the Service in its own discretion.
  • The Provider shall notify in advance the User of any intended termination by the Provider of the Service.

Article 11 Disclaimer and Waiver of Warranties

  • THE PROVIDER MAKES DOES NOT MAKE WARRANTIES, EXPRESS OR IMPLIED, (i) that the Service fits or is suitable for a particular purpose contemplated by the User, (ii) that the Service has expected functions, commercial value, accuracy or usefulness, (iii) that the use by the User of the Service complies with the laws and regulations or internal rules of industrial organizations that are applicable to the User, or (iv) that the Service will be free of interruption or defects.
  • The Provider shall not be liable for the damages incurred by the User in relation to the Service in excess of the amount of the consideration paid by the User to the Provider for the immediately preceding 1 month. UNDER NO CIRCUMSTANCES SHALL THE PROVIDER BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR FUTURE DAMAGES, OR LOST PROFITS.
  • Any transactions, communications and disputes arising between the User and other Users or a third party in connection with the Service or the Website shall be addressed and resolved by the User at its responsibility.

Article 12 Confidentiality

The User shall keep confidential any and all non-public information disclosed in relation to the Service by the Provider to the User for which the Provider, at such disclosure, requires the User a confidential treatment, unless the User has obtained the prior written approval from the Provider.

Article 13 Treatment of User Information

Treatment by the Provider of the User's information shall be subject to the provisions of our Privacy Policy , which is separately prescribed, and the User hereby agrees to treatment by the Provider of the User's information pursuant to such Privacy Policy.

Article 14 Amendment

The Provider reserves the right to amend or change the Terms when the Provider finds it necessary. In the event of any amendment or change to the Terms, the Provider shall inform the effective time and content of the amended or changed Terms by posting on the Website or other appropriate way, or notify the User of the same. Notwithstanding the foregoing, the Provider shall obtain the User's consent in a manner specified by the Provider for the amendment or change of the Terms that requires such consent under the applicable laws.

Article 15 Notice

  • Any communications or notices from the User to the Provider, including but not limited to inquiries with respect to the Service, and any communications or notices from the Provider to the User, including but not limited to notices concerning any amendment to the Terms shall be made in accordance with the procedures specified by the Provider.
  • Any communication or notice made by the Provider that is addressed to the e-mail address of a User shall be deemed to be received by the User.

Article 16 Assignment

  • The User shall not assign, transfer, grant security interests on or otherwise dispose of the Service Agreement or its rights or obligations under the Terms without the prior written consent of the Provider.
  • In cases where the Provider transfers the business regarding the Service to a third party, the Provider may, as part of such transfer, assign to the third party the Service Agreement, the rights and obligations of the Provider under the Terms, and the Registration Information and other information relating to the User, and the User hereby agrees to such transfer in advance. The business transfer referred to above in this Paragraph shall include, in addition to the usual form of business transfer, a company split or any other form that would result in a business transfer.

Article 17 Severability

If any provision of the Terms or a part thereof is held to be invalid or unenforceable under Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.

Article 18 Governing Law and Jurisdiction

  • The Terms shall be governed by the laws of Japan without regard to conflict of laws principles.
  • Any and all disputes arising out of or in connection with the Terms or the Service Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan in the first instance.

The Terms shall be executed in the Japanese language. Japanese shall be the governing language and any translation of the Terms into any other language is for convenience of reference only and shall not bind the parties hereto.

[Prescribed on September 21, 2022]

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