Terms of Use

These are translations, and if there are any discrepancies with the Japanese terms of service, the Japanese terms of service shall prevail.
 

1. Purpose

  1. These terms of service (hereinafter referred to as "these terms") apply to users of the service (hereinafter referred to as "this service") operated and planned by creche studio Ltd. (hereinafter referred to as "the Company"). Users shall use this service after agreeing to these terms.
  1. These terms set forth the terms of use for this service. All users who have registered for this service must follow these terms and use this service under the conditions stipulated by these terms.
  1. By agreeing to these terms, a contract (defined in Article 2) is established between the user and the Company.

2. Definitions

The following terms used in these terms have the meanings as defined in the following items.
  1. "User": Refers to a person who uses this service after agreeing to these terms.
  1. "Contract": Refers to the service usage contract that is established between the Company and the user with these terms as the contract terms.

3. Applicability

These terms set forth the terms of use for this service and apply to all users of this service.

4. Scope of Rights to Use This Service

  1. This service may only be used for the purpose of personal use by the user, and it may not be used for other purposes such as sale, distribution, and development.
  1. Users shall only use this service as provided by the Company, and must not reproduce, modify, change, alter, or adapt this service.
  1. Users must not reproduce, modify, change, alter, or adapt, and disclose to third parties, any part or all of the program related to this service licensed by the Company (whether it is an object code or source code).

5. Intellectual Property Rights

  1. All copyrights, patents, utility model rights, trademark rights, design rights and all other intellectual property rights (hereinafter collectively referred to as "Intellectual Property Rights") associated with all the information and content provided in this Service (hereinafter collectively referred to as "Our Content") belong to our company, or to licensors from whom we have received licenses.
  1. Users may not reproduce, reprint, publicly transmit, modify or otherwise use Our Content beyond the scope of private use as stipulated in the Copyright Act without our permission.
  1. When a User posts or otherwise contributes to the Service, the User agrees to retain the Intellectual Property Rights generated in whole or in part by the content of the posting and to grant to our company the right to use it for free and without restriction to the extent necessary for this Service.
  1. The User will not exercise the moral rights of the author in respect to the copyrighted work contained in the posting or the like against our company, a third party who has legitimately acquired rights from our company, and those who have inherited rights from such third party.
  1. The User shall not infringe the intellectual property rights and other rights and interests of third parties in their postings and the like, and if any problem arises in violation of the provisions of this Article, the User shall resolve the problem at his or her own expense and responsibility.

6. Prohibitions

  1. Users are prohibited from the following acts:
    1. Acts violating these Terms of Service
    2. Acts violating laws or regulations
    3. Acts causing disadvantage or damage to our company or a third party, or acts with such risk
    4. Acts contrary to public order and morals or acts with such risk, or providing information with the risk of being contrary to public order and morals to other users or third parties
    5. Criminal acts, acts leading to criminal acts or acts promoting them, or acts with such risk
    6. Providing false information or information with the risk of being false
    7. Acts infringing the intellectual property rights, rights of likeness, and other property or personal rights of our company, licensors to whom our company has obtained a license, or other third parties, or acts with such risk
    8. Unauthorized access to our system, altering program codes associated with it, distributing computer viruses, or any act or risk of act that interferes with the proper operation of this Service
    9. Acts or risk of acts that damage the reputation of this Service
    10. Any other acts that our company deems inappropriate
  1. If we determine that a User's actions fall under any of the items in the preceding paragraph, we may take any or all of the following actions without prior notice:
    1. Restrict the use of this Service
    2. Delete or modify posted content
    3. Cancel membership by terminating this Agreement
    4. Any other action deemed necessary by our company

7. Advertisement Placement

  1. Our company may place advertisements of third parties on this Service. The specific content of the advertisements shall be determined by our company.
  1. We may provide a user's usage history in this Service to third parties for the purpose of displaying appropriate advertisements.

8. Disclaimer

 
  1. We do not guarantee that there will be no interruptions, stoppages, or other malfunctions in this Service.
  1. We will not be responsible for any damage to users due to unexpected unauthorized access or other actions leading to the theft of user information.
  1. We are not responsible for any non-performance of all or part of this Agreement due to natural disasters, changes in the earth, fires, strikes, trade suspensions, wars, insurrections, epidemics, or other force majeure.
  1. We are not responsible for any troubles between users regarding the use of this Service (regardless of inside or outside this Service), and such troubles between users must be resolved at their own expense and responsibility.
  1. We cannot guarantee that the data in this Service will not be erased or altered. Users should save necessary data at their own responsibility.

9. Liability for Damages

  1. If the User causes damage to the Company in violation of these Terms of Service or in relation to the use of this Service, the User will compensate the Company for the damage incurred (including lost profits and attorney's fees).
  1. The Company, if it causes damage to the User due to reasons attributable to the Company, will only bear the responsibility to compensate for that damage within the scope defined in the following provisions:
    1. In the case of the Company's intentional or gross negligence:
        • The full amount of the damage
    2. In the case of the Company's negligence:
        • Only the usual damage that has occurred realistically and directly (excluding special damages, lost profits, indirect damages, and attorney's fees) within that range, and up to a maximum of 10,000 yen.

10. Suspension of Service

  1. The Company may suspend the provision of this Service at any time at its discretion.
  1. Except in the case of intentional or gross negligence by the Company, the Company bears no responsibility in the event described in the preceding paragraph.

11. Changes to the Agreement

  1. The Company may amend these Terms and Conditions at any time in accordance with Article 548-4 of the Civil Code if any of the following apply. The contract after the change of these terms will be subject to the Terms and Conditions after the change.
    1. When the change to the Terms and Conditions is in line with the general interests of the User
    2. When the change to the Terms and Conditions does not contradict the purpose of the contract and is reasonable considering the necessity of the change, the appropriateness of the content after the change, and other circumstances related to the change.
  1. If the Company makes a change to these Terms and Conditions, it will specify the effective date of the amended Terms and Conditions and notify the User of the contents and the effective date of the amended Terms and Conditions, and make them known to the User through the service display or other methods specified by the Company, no later than two weeks before the effective date.
  1. Notwithstanding the provisions of the two preceding paragraphs, if the User uses the Service after the announcement of the change to the Terms and Conditions, or if the User does not terminate within the period specified by the Company, the User is deemed to have agreed to the change to the Terms and Conditions.

12. Complete Agreement

These Terms and Conditions constitute the complete agreement between the Company and the User regarding the matters contained in these Terms and Conditions and take precedence over any prior agreement, representation, and understanding between the Company and the User regarding the matters contained in these Terms and Conditions, whether oral or written.

13. Severability

Even if any provision or part of these Terms and Conditions is determined to be invalid or unenforceable by law or the like, the remaining provisions of these Terms and Conditions and the remaining parts of the provision determined to be invalid or unenforceable will continue to have full effect. The Company and the User will amend the provision or part determined to be invalid or unenforceable within the necessary range to make it lawful and enforceable, and strive to ensure the legal and economic effects equivalent to those of the invalid or unenforceable provision or part.

14. Discussion and Resolution

The Company and the User, when a doubt arises concerning a matter not stipulated in these Terms and Conditions or the interpretation of these Terms and Conditions, will promptly strive to resolve the matter through discussions in accordance with the principle of good faith and sincerity.

15. Governing Law and Jurisdiction

All matters relating to this Service will be interpreted in accordance with Japanese law, and the Tokyo District Court will be the exclusive agreed court of first instance for all disputes concerning these Terms and Conditions.