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Terms of Service

This terms of service (hereinafter referred to as “terms”) will define conditions for use for this application (“app”) which Caters Inc. (“Caters”) will provide. Please use the app after carefully reading this document and agreeing to the terms (for minors, please have a consent by a parent or guardian in advance). This terms shall apply when the app has been downloaded.

1. Who May Use the Services

  1. Caters will, under conditions limited as described in this terms, authorize nonexclusive, nontransferable, and non-re-licensable right to download and use the app on compatible mobile devices (“devices”).
  2. In case the app is provided for a fee, the conditions described in the clause above will be premise on payment.

2. Legal and Acceptable Use

  1. During the use, you will be required to keep to the following clauses.
    • (1) Do not authorize or rent to a third person the right to use the app authorized by Caters, without questioning paid or unpaid.
    • (2) Do not copy or open to third person the program codes related to the app, whether it be an object code or source code.
    • (3) The use will be limited only to personal use. Do not re-distribute, sell, or use as a tool for development and such.
    • (4) The user should not duplicate, modify, or translate the app. The app shall only be used as provided by the company.
    • (5) Do not attempt to apply reverse engineering, decompile, or disassemble in order to extract source code from the app. Do not change or translate the app to a machine-readable status by any means.
    • (6) Do not erase the texts that indicate the rights, such as copyright, ownership, trademark or any other kind of rights of the company or any other third-party companies.

3. Prices

  1. This app is provided for free.

4. User Environment

  1. The user shall be responsible for the cost and setting up of the environment for use of this app, such as software, program, mobile device, network device, network connection.
  2. The user should understand and agree that there are situations where this app may be restricted for use such as in the following cases.
    • (1) When the app failed to confirm the eligibility of user while using what’s called ‘activation function’.
    • (2) When using the app where there is no internet connection.
    • (3) When the connection status makes it difficult to conduct real-time communication.
    • (4) When the app hasn’t been activated for more than a year.

5. Intellectual Property

  1. Any intellectual property of this app app or any duplications and subsystems (including program, images, documents), such including copyrights, patents, trademarks and others, belong to the company or the licensor to the company (hereinafter referred to as “original licensor”).
  2. The user is authorized only the nonexclusive and non-re-licensable rights of usage under this terms, which indicates that the user does not acquire any other kind of rights including intellectual property to the app or it’s duplications.

6. About the information provided in the app

  1. Any kind of information (including ideas, concepts, proposals, graphs, suggestions, comments and other kinds, hereinafter referred to as “information”) will be, regardless of format or type, treated as such that the user has abandoned all the rights, and the user will no longer be able to exercise any of their rights including moral rights at the moment the information has been transferred to the company, and the information will be considered as a property of the company. (In case the company considers the information as illegal or includes inappropriate content, the company will not claim it’s rights, but have the full capacity to delete, erase or change the information, and any cost needed for this shall be compensated by the user who sent the information).

7. Change or closure of the app

  1. The company may, without any previous consensus of the user, modify or update part or whole of the app at any time. The company may also stop to update the app, or to provide the app at any time without previous notice.

8. Disclaimer

  1. The content, functions and performability of the app will be limited to what the company can provide reasonably at the timing of download by the user. The company provides the app as is, and will not ensure all the functionalities nor the effectiveness for fulfilling the user’s objective.
  2. The user should be held responsible for securing account information while using the app. The company will not take any responsibility for damages done as a result of compromise.
  3. The company, except in case of intentional or gross negligence by the company itself, will not take any responsibility in the damages (whether direct, indirect, consequential, special damage, lost profit, or any other types) caused to the user as a result of using or not being able to use the app.
  4. The company will not provide any individual support for questions and inquiries about this app.

9. Unauthorized acts

  1. The user must not conduct following actions while using the app.
    • (1) An act that goes, or may go, against the law.
    • (2) An act that will or may discriminate, slander, or infringe upon rights or privacy of the company or others.
    • (3) An act that are intended to or may result to collect, disclose, provide, manipulate, or delete the personal information or any other information related to third person.
    • (4) Criminal acts, or any acts which lead to or which may encourage criminal acts.
    • (5) An act which spread false information intentionally.
    • (6) Act of using pyramid scheme, or any act to persuade others to join.
    • (7) Act of spreading contents related to child pornography, child prostitution, or child abuse and other similar actions.
    • (8) An act of using the app as means of dating business, such as described in corresponding laws or regulations.
    • (9) An act of using the app in formats which cause trouble for other user’s data transmission.
    • (10) An act to hack, crack, or attack a computer or other electronical/communication device the company or other party possess.
    • (11) An act to send out chats or e-mails which may disgust others.
    • (12) An act to spread or use computer viruses via the app, or to provide it to others.
    • (13) Other types of acts which may violate other people’s legal rights, and other acts which may go against public policy doctrine.

10. The right to audit

  1. In case when the company has suspicioned under reasonable evidence that the user is violating the terms, the company possess full authorization to ask the customer to turn in reports regarding the suspected violation.

11. Termination of service

  1. The user may stop using the app at any desired moment by uninstalling or deleting the app.
  2. The company may lapse the user license or terminate the service either partially or entirely, without bearing any responsibility of compensation, when the user has fallen into one of the following circumstances.
    • (1) When the user has, or seems to have infringed any of the conditions described in the terms.
    • (2) When the user has infringed any laws regarding copyrights or patents during the use of the app, the lapse described above will not prevent any rights to claim compensation for damage and loss.

12. Compensation

  1. The user must compensate on their own responsibility any fee which occur as a result of giving damage to the company or a third-party company, including attorney costs which were required to recover from the damage.

13. Change in the terms

  1. The company may change the policy without previous consent from the user. In that case, the company will notify the change to the user by posting information on the corporate website. After the notice, all changes to the policy or terms will be applied to all users without individual consent. The company may, without previous consent, change this term, and by doing so, price or any other policies regarding the app will be based on the changed terms.

14. Governing Law

  1. The laws of the Japanese Federal Laws govern our Terms, as well as any Disputes, without regard to conflict of law provisions.

15. Exclusive Venue

  1. Any disputes which occur between the user and the company regarding the Terms shall be agreed to be litigated exclusively at the Utsunomiya District Court.

16. Others

  1. The user, except in case where there’s a prior agreement on document, cannot let a third-person bear any obligation which occurs upon this terms or transfer to third-person all or part of the rights described in this terms.
  2. Even if the company does not execute the rights or options described in the terms, it does not mean that the company has abandoned those rights.
  3. Even if one of the terms described here has been declared unlawful or invalid by the litigated court, the remaining articles and clauses in the terms should still be considered valid.
  4. These Terms make up the entire agreement between the user and the company, and supersede any prior agreements.
  5. These Terms were written in Japanese and to the extent the translated version of these Terms conflict with the original Japanese version, the Japanese version will control.

2016.12.01
Caters Inc.