1. Introduction

1.1　These Terms of Use (hereinafter referred to as the “Terms of Use”) applies to all uses of ARAPPLI (hereinafter referred to as the “Services”) provided by ARARA (hereinafter referred to as “Company”) by a user (hereinafter referred to as “User”) of ARAPPLI.

1.2　These Terms of Use govern terms and conditions relating to your use of Services. User shall agree with Terms of Use hereof before using Services.

1.3　By using Services, User acknowledges and agrees with all terms and conditions hereof.

2. Definitions

2.1　The following terms shall have the following meanings:
(1) “Services” means as defined in Article 1.1.
(2) “User” means as defined in Article 1.1.
(3) “User Information” means general information managed for each user, including information registered by User to use Services, as well as data acquired through use of Services.
(4) “Contents” means all types of data including texts, voices, music, other sounds and image.
(5) “User Contents” means contents arbitrarily posted and transmitted by User in Services.
(6) “Third-party Contents” means contents provided to Services by a third-party information provider other than Company and User.

3. Audience and Terms of Services

3.1　By using Services, User acknowledges and agrees with Terms and Conditions hereof. Please do not use Services until you agree with Terms and Conditions.

3.2　Services is available based on laws of a country where User resides at or accesses from. If such law prohibits User from receiving Services, Company is not able to provide Services to such User.

3.3　User shall prepare equipment, software and communication means required to use Services at User’s own responsibilities and expenses, and appropriately manage and control them. Company shall not be held responsible for any installations and investigations of such equipment, and not hold any obligations to prepare nor provide a method for User to use Services.

4. Registration and Suspension of Services

4.1　User who wishes to use Services shall perform a registration procedure with Services in accordance with a procedure specified by Company.

4.2　User shall be responsible for all activities performed in Services. Company shall not be responsible for any damages caused from use of Services.

4.3　User may, at any time, suspend use of Services by deleting (uninstalling) Services from a mobile device used for accessing Services.

4.4　Company shall not have any obligation to delete User contents posted and transmitted by User, even after User suspends use of Services. User acknowledges and agrees such User Contents may possibly remain available in Services.

5. Terms and Conditions of Services

5.1　Company may change, add, or discontinue Services in whole or in part without an advance notice to User. Company shall not be held liable for any damages caused to User from a change to Services thereof.

5.2　When Company finds necessary, provision of Service may be suspended to a specific User. Company shall not be held responsible for such User and a third party arising out of such suspension of Service.

5.3　User shall bear all communication fee and any other fee incurred from accessing Services. User shall be responsible for fees incurred for a mobile device used to access Services.

5.4　User may use Services in compliance with Terms and Conditions hereof, as well as laws, regulations and common practices of a country or a region where User uses Services at.

5.5　User shall be responsible for use of Services and all activities performed through such use, as well as the results, and if User causes damages to Company or a third party from use of Services, User shall compensate for such damage and work towards resolution at User’s own responsibilities and expenses.

5.6　Company may provide links to external websites and contents which are not under its control. Company shall not be held liable for any direct or indirect damages arising out of using such sites and contents,

5.7　Company may disclose or delete information arbitrarily transmitted by User in whole or in part at its own discretion without an advance notice to User.

5.8　Company may review contents of a post transmitted by User with a purpose to upload to Services, and when Company finds inappropriate, Company may restrict publishing such contents.

6. Prohibited acts

6.1 User is prohibited from performing following acts and other acts with such risk;
(1)　acts that violate a third party’s intellectual properties such as copyrights and design rights,
(2)　acts that transship information such as images posted to Services without the copyright owner’s consent,
(3)　acts that infringe Company or a third party’s property, privacy or portrait rights,
(4)　acts that unfairly discriminate or slander Company or a third party, and promote discrimination, or acts that injure its reputation or credit,
(5)　impersonation,
(6)　acts of fraudulence and acts related to other crimes,
(7)　acts that post or present images considered as obscene, child pornography, or child abuse that violate laws, regulations and other standards set by Company,
(8)　acts that glamorize, encourage or induce suicides, self-injuring, or drug abuse,
(9)　acts that post personally identifiable information including a person’s name, place of work and telephone number (including information which can lead to identifying a person by matching with uploaded information such as images),
(10)　acts that impersonate an operator of Sites,
(11)　commercial advertisement, promotion or information such as images with a purpose to solicit Users (excluding those specified by Company), information such as images containing an affiliate’s link, information such as images that solicit Users to a pyramid scheme (multi-level marketing), chain mail, MLM, and lead mail, obscene website, one-click fraudulent website, other websites with a purpose to distribute malicious computer program including virus, and found inappropriate by Company, and other acts of posting images found inappropriate by Company,
(13)　acts that use expressions leading to discrimination of race, ethnicity, sex, age and ideology,
(14)　acts that give load to a server used in Services beyond normal range, or acts that disrupt operation and network system of Services,
(15)　acts that illegally replace or delete information stored in Company’s facilities,
(16)　acts that transmit or publish a malicious computer program such as viruses,
(17)　acts that violate laws, regulations, public policies, moral or Terms and Conditions,
(18） acts that Company determines as in breach of other’s rights,
(19)　acts that interpret, decompile, decompose or reverse engineer software in order to provide Services and Contents, and
(20)　other acts Company determines inappropriate.

7. Privacy

7.1　User’s geolocation information is automatically collected by Services. Such geolocation information acquired is used for playing geo-fenced contents only.

8. Company’s rights

8.1　User acknowledges and agrees that Company or a licensee licensed by Company owns Service’s designs, visual interfaces, characters, images, software and all other contents related to Services (excluding User Contents and third-party contents). Company also controls and owns intellectual properties including copyrights of Service and all the contents.

8.2　Viewing and use of Services and contents controlled and owned by Company is acceptable only for personal or non-commercial purposes. Use or control of contents controlled and owned by Company in whole or in part is available if such use is explicitly permitted or Company permits in a separate document. All rights of Services and contents controlled and owned by Company belong to Company unless Company explicitly permits.

8.3　User agrees not to use Company’s information such as name, trademark, service mark, trade name, and logo when using Service, unless Company permits so in a separate document.

9. Ownership of User Contents

9.1　Company does not claim any intellectual property rights for User Contents. Ownership of User Contents belongs to User himself, and by User posting User Contents, User accepts that such User Contents is published to other Users of Services.

9.2　User agrees to protect and execute his own rights under its responsibility, unless User makes a separate agreement with Company.

10. Licensing of User Contents

10.1　Company may use User Contents in numerous ways such as presenting, modifying or promotion in Services. User agrees with free and transferable license of User Contents for unlimited period (non-cancellable and non-changeable) to global audience for Company to publish, use, copy, modify, distribute, translate, sell, forward, broadcast and televise User Contents,

10.2　By publishing User Contents, User agrees with other Users to view, access, present, save and replicate his User Contents for recipient’s personal use only. Company shall not claim for any ownership for User Contents.

10.3　Company permits User to upload contents in Services such as texts to a third-party website and other services. However, User contents may be published to other websites under User’s responsibility. User acknowledges that Company is not held responsible for any third-party websites, and User owns all risks with utilizing such third-party website.

10.4　User acknowledges that when Company performs technical measures in order to provide Services to Users, Company may;
1)　provide and distribute User Contents in public network and various medias, and
2)　modify User Contents to adopt with network, equipment, service or media.

11. Liability for User Contents

11.1　User agrees that User owes all responsibilities for User Contents provided to Services. User shall owe all responsibilities for a third-party’s usage and dependence on data’s credibility, completeness, and practicality with respect to User’s contents. User shall also owe all responsibilities when User discloses his personal information in User Contents that may lead to his identity.

11.2　User confirms that User is the only custodian of all User Contents provided and published to Services (a person who owns all the rights or holds all necessary licenses).

11.3　User shall warrant that User Contents is not in breach of a third-party’s patent, trademark, business secret, other intellectual property rights or publicity rights, privacy rights, or other applicable laws and regulations. User shall also warrant the same where Company or other users using User Contents.

11.4　User acknowledges that User may be held legally liable when User Contents violates foregoing third-party rights (including containing potentially false, fraudulent, and misleading contents, unfair, offensive, and defamatory contents, violating or promoting violation of laws and regulations including illegal hate speech, obscene contents, racial discrimination).

11.5　User shall be responsible for damages incurred to User through creation, transmission and publishing of contents (including damages to Company). Company disclaims any liability to Users or other third-party.

12. Charged Services

Services hereof is provided for free of charge, however, in the event that charged service becomes available, Terms of Use for such charged service shall be established.

13. Removal of Anti-Social Forces

13.1　User shall affirm the following to Company;
(1) User is not a member of an organized crime group, its affiliate, corporate racketeer, or an equivalent group (collectively “Anti-Social Forces), and
(2) User does not allow Anti-Social Forces to use its name to use Services.

13.2　Company may take measures such as suspension of Services without any notice or notification when User is found in violation of the foregoing.

13.3　Company shall not be liable for any damages incurred to User due to the foregoing measure.

14. No Warranty

14.1　Company makes no representation or warranty regarding the following;
(1)　use of Services satisfies matters required by User,
(2)　Services is available without interruption and error in a timely manner,
(3)　information acquired through use of Services is accurate and reliable, and
(4)　defects in operation or functionality of software provided to User as a part of Services will be fixed.

14.2　Download or acquisition of data in other means through use of Services is performed at User’s own discretion and risk, and User shall be responsible for any damages to User’s computer system or other devices and loss of data incurred because of such download.

14.3　Company shall not assume any warranty for advice or information provided from User to Company or through Services whether provided orally or in writing.

15. General

15.1　User agrees that Company holds no liability for following;
(1)　Services being unavailable or not accessible,
(2)　expenses made for a transaction through Services,
(3)　unfair access or modification to User data or communication method,
(4)　comments, speeches and acts by a third-party in Services, and
(5)　any other damages arising out of matters relating to Services.

15.2　Limitation of Company’s liability in the foregoing shall be applicable, whether or not Company acknowledges possibility of the above damage.

16. Language

16.1　Terms of Use shall be made in Japanese. User agrees that Terms of Use provided in other languages by Company are for convenience of User only, and the Japanese original shall have effect over legal relationships between User and Company.

17. Scope and change of Terms of Use

17.1　Terms of Use governs Company and User for use of Services. User shall comply with Terms of Use when using Services. When Company or a contractor outsourced by Company publishes separate Terms of Use or other equivalent Terms, User shall comply with such Terms in the same manner as Terms of Use hereof.

17.2　Individual terms and additional terms separately published by Company shall form a part of Terms of Use hereof. To the extent of a conflict between Terms of Use hereof and such individual terms or additional terms, individual terms or additional terms shall prevail.

17.3　To the extent of a conflict between Terms of Use hereof and a provision defined in Services hereof (excluding the foregoing individual terms and additional terms), the provision hereof shall prevail.

17.4　To the extent of a conflict between Terms of Use hereof and a separate individual term or additional term published by a contractor partnered or outsourced by Company, Terms of Use hereof shall prevail.

17.5　Company may amend Terms of Use hereof at its own discretion from time to time without a prior consent of User, and User acknowledges it. With amendment of Terms, Company shall create and publish the version after amendment in Services.

17.6　All amendments to Terms of Use hereof shall be effective as soon as the latest version is uploaded to Company’s website or Services. Company regards that by using Services after such amendment, User agrees with the latest version of Terms of Use, and User shall agree with that in advance.

17.7　Company may suspend use of Services for User who does not agree with amendment to Terms of Use hereof and individual or additional terms.

18. Miscellaneous

18.1　Terms of Use constitutes the entire agreement between User and Company, governs use of Services by User, and supersedes any prior agreement relating to Services between User and Company.

18.2　User agrees that failure to perform or execute legal rights stated in Terms of Use (or interest under applicable laws) by Company shall not be deemed to constitute waiver of those rights, and such rights and remedies remain available for Company.

18.3　If any provision of Terms of Use is found invalid by a court, such provision shall not affect the validity of the remaining provisions and shall be removed from Terms of Use. The remaining provisions shall remain enforceable.

18.4　Terms of Use and the relationship between User and Company hereof shall be governed by the laws of Japan. Tokyo District Court shall have exclusive jurisdiction of the first instance over all dispute arising out of or in connection with Services and Terms of Use hereof between Company and User.

Issued on 13th November, 2014

Amended on 28th October 2019