These Terms of Use (hereinafter referred to as the "Terms") set out the matters to be observed by you (hereinafter referred to as the "User", "You" or "Your") when using the app (hereinafter referred to as the "App") above entitled provided by Curiouspark, Inc. (hereinafter referred to as the "Company", "We", "Our" or "Us"), and the rights and obligations between the Company and the Users. If You use this app, please read and comply with these Terms.
The purpose of these Terms is to establish the rights and obligations between the Company and the User regarding the use of the App, and applies to all relationships between the User and the Company related to the use of the App. Subject to Your acceptance of these Terms, We grant You a non-exclusive right to use the App personally.
The rules, regulations, etc. which the Company posts from time to time on the App (including, but not limited to applications, websites, etc., provided by the Company in connection with the App) shall constitute a part of these Terms.
If You are a minor, please agree to these Terms with the express consent of Your parent or guardian. However, if You are under the age of 16, You may not use the App with or without parental consent.
We reserve the right, at Our discretion, to change these Terms and any terms and conditions of the App at any time. We will, at Our discretion, post on the website and notify You of Your device. The User shall be notified of such changes by in-service notification or other appropriate methods. Changes to these Terms and the App shall apply from the Effective Date specified in the notification. If You do not accept any future changes to these Terms, You may terminate these Terms by terminating Your use of the App.
The User shall use the App at his/her own risk, and shall compensate for such damage at his/her own responsibility and expense if the User causes damage to another person or the Company in the course of use.
The User shall, at his/her own responsibility, manage and store information related to the UserID and password (hereinafter referred to as "Account Information") related to the App, and shall not allow a third party to use, lend, transfer, change the name, or sell them, except as specified by the Company.
The User shall be responsible for and We shall not be liable for any damage caused by inadequate management of account information (including but not limited to loss or misplacement of account information), errors in use, use by third parties, attacks (including but not limited to malware, spyware, viruses, hacking, cracking, etc.) by third parties on the computer, smartphone, software or other equipment, telecommunications lines or other communications environment under the User's control.
The User shall pay sufficient attention to troubles with third parties, including other users, by using this app. The User shall resolve such troubles with the third party based on the principle of self-responsibility, and the Company shall not be liable unless there is a reason attributable to the Company.
The preparation and maintenance of smartphones, computers, software and other equipment, communication lines and other communication environments necessary to receive the provision of the App shall be carried out at the User's expense and responsibility.
The User shall, at their own expense and responsibility, take security measures such as prevention of computer virus infection, unauthorized access, and information leakage according to their own usage environment of the App.
Even if the Company has stored the usage records and other information of the App for a certain period of time for operational purposes, the Company shall not be obligated to store such information, and the Company may delete such information at any time. The Company shall not be liable for any damages incurred by the User due to the deletion of such information. However, this does not apply to in-app currency purchased by the User for a fee.
When the User downloads or otherwise installs software, etc. on the User's smartphone or other device at the start of use of the App or while using the App, the User shall take sufficient care to prevent the disappearance or alteration of information held by the User or the breakdown or damage of the device, etc. The Company shall not be liable for any such damage incurred by the User.
The Company strictly prohibits the acts set forth in the following items (hereinafter referred to as "prohibited acts"). In the event that a User violates these Terms or commits a prohibited act (including when the Company has reasonable grounds to believe that the User has committed a prohibited act), the Company may, at its reasonable discretion, take various actions, including the following, depending on the nature of the violation or act. In addition, the Company may temporarily take the following measures for the purpose of investigating whether or not the User's act falls under the prohibited act. The Company shall not be liable for any damages incurred by the User based on the measures taken by the Company under this Article.
・Warning
・Suspension or deletion of in-app items or currency
・Temporary or permanent restrictions on in-app currency purchases
・Temporary or permanent suspension of account
All intellectual property rights and all other rights related to the App belong to the Company or the person who has granted a license to the Company, and the license to use the App based on these Terms does not imply any transfer or license to use the intellectual property rights of the Company or any person who has granted a license to the Company in relation to the App, except as expressly stated in the Terms.
THE HANDLING OF PERSONAL INFORMATION ACQUIRED BY THE COMPANY THROUGH THE USE OF THE APP BY THE USER SHALL BE IN ACCORDANCE WITH THE PRIVACY POLICY SEPARATELY ESTABLISHED BY THE COMPANY. WHEN USING THE APP, THE USER AGREES THAT THE COMPANY WILL HANDLE PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY.
If a User falls under any of the following items, the Company may temporarily suspend the use of the App or cancel the registration as a User without prior notice or demand.
In the event that the User's registration is canceled pursuant to this Article, the provision of the App is terminated, or otherwise the User's use of the App is terminated, the Company may delete the User's account and the data of items obtained by the User in the App. However, this does not apply to in-app currency purchased by the user for a fee.
The Company shall not be liable for any damage caused to the User due to the actions taken by the Company under this Article.
The App may use points that can only be used in the App (hereinafter referred to as "In-App Currency"). In-App Currency may be used to obtain certain virtual goods or services provided by the Company within the App.
You may add In-App Currency to Your account using the payment method set forth by the App.
We reserve the right to change the price of the In-App Currency at any time at Our discretion without notice.
We reserve the right to change the number of In-App Currency required to exchange individual goods or services at any time at Our discretion without notice.
The User cannot cancel a transaction once it has been completed. However, if an unauthorized transaction is confirmed, the Company reserves the right to cancel or invalidate the transaction.
Except where We are obligated to do so under laws and regulations, users may not receive a refund of unused In-App Currency under any circumstances.
There is no expiration date for In-App Currency. Provided, however, that the Company shall not be obligated to continue to adopt In-App Currency in the App, and may discontinue the adoption of In-App Currency in the App at any time at the Company's discretion.
Among the virtual products in the App, In-App Currency displayed as a prepaid payment method on a page separately titled "Display based on the Payment Services Act" will be treated as a prepaid payment instrument in accordance with the "Payment Services Act". Other virtual goods and services obtained or provided in exchange for such prepaid payment instrument shall be deemed to have provided such goods or services upon exchange and do not constitute prepaid payment instruments.
The Company may suspend all or part of the App without prior notice to the User in any of the following cases:
The Company shall not be liable for any damage caused to the User based on the measures taken by the Company based on this Article.
The Company may terminate the App at any time with 60 days' prior notice.
THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, EXCEPT FOR WARRANTIES UNDER LAW, WITH RESPECT TO THE USER'S USE OF THE APP, EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS. THE APP IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. THE COMPANY DOES NOT WARRANT THAT THE APP WILL MEET THE USER'S REQUEST OR THAT THE APP WILL FUNCTION WITHOUT INTERRUPTION OR ERROR.
THE COMPANY SHALL NOT BE LIABLE TO THE USER FOR ANY DAMAGES WHATSOEVER (INCLUDING SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, DATA LOSS, LOSS OF PROFITS, LOSS OF OPPORTUNITY, ETC., REGARDLESS OF LEGAL THEORY) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE APP, EXCEPT FOR DAMAGES ATTRIBUTABLE TO THE COMPANY. IN ADDITION, EVEN IF THE COMPANY IS LEGALLY LIABLE TO THE USER, THE MAXIMUM AMOUNT SHALL NOT EXCEED THE AMOUNT PAID BY THE USER TO THE COMPANY IN THE MOST RECENT MONTH IN RELATION TO THE APP. HOWEVER, THIS DOES NOT APPLY IF THE DAMAGE IS CAUSED BY THE COMPANY'S INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.
YOU AGREE THAT IN NO EVENT WILL YOU BE ENTITLED TO INJUNCTIVE RELIEF OR ANY OTHER RESTRAINING ORDER, REGULATION, OR OTHER RELIEF THAT WOULD PREVENT US OR THE APP FROM DISTRIBUTING, TRADING, DEVELOPING OR ENFORCING ANY GOODS OR SERVICES RELATED THERETO.
No waiver by Us of any term or provision of these Terms, whether by act or otherwise, shall be construed as a further or continuing waiver of such term or provision or in connection with any other term or provision of these Terms, whether in one or more instances. Those who have the opportunity to interact with the User, such as the Company and its employees, have not been legally authorized by the Company to modify or waive any of the terms and conditions of these Terms.
The Company may, at its discretion, assign or delegate all or part of the rights and obligations set forth in these Terms to a third party without notifying users, including the User. The rights of the User belong to the User himself / herself and cannot be transferred to a third party.
If any language or provision of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, such language or provision shall be construed as valid and enforceable only to the fullest extent permitted by the award of such court in such action, and even then the other words and provisions of these Terms shall not be affected or impaired. It shall remain in effect.
These Terms, together with the Privacy Policy and other terms and conditions relating to Your use of the App, constitute the entire understanding and agreement between You and Us with respect to Your use of the App, and supersede all prior oral or written exchanges of information regarding matters relating to these Terms, all of which are incorporated herein.
These Terms shall be governed by and construed in accordance with Japan laws. The parties hereto irrevocably submit to the exclusive jurisdiction of the Tokyo District Court in the first instance for any and all actions and legal proceedings arising out of or relating to these Terms or the App. If the User loses the lawsuit, the User shall bear the litigation costs and reasonable attorneys' fees incurred by the Company in connection with such litigation. The App is available in Japan, and the Company does not warrant that the App will be appropriate, lawful or available in other regions.
Where the Company has provided the User with a translation of the Japanese language version of these Terms (including, but not limited to the Terms, the Privacy Policy, etc., hereinafter referred to as the "Japanese Version"), the Japanese Version will govern the relationship between the User and the Company. In the event of any conflict between the Japanese Version and a translation thereof, the provisions in the Japanese Version shall take precedence over any other translation.