■ Terms of Use
1. <General Provisions>
When you use "Rilakkuma Farm," an information service for smartphones, PCs, and multipurpose tablets (hereinafter referred to as the "Service"), which is provided by Imagineer Co., Ltd. (Contact Information, e-mail address:cs@farm.rilakkuma.jp) (hereinafter referred to as "we/us/our"), you must agree and comply with the content of this Terms of Use.
In principle, the Service is provided for free of charge; however, some of the contents require payment. For details such as usage fees, please confirm the information that appears on screen display.
The content of the services available to you depends on your OS or device model.
2. <Ownership of Rights>
All rights pertaining to all software, data, information, and contents that are provided by the Service (hereinafter referred to as "Our Content"), including editorial copyrights, belong to us or the third party owning the copyright concerned.
3. <Prohibited Conducts>
Except when clearly specified in this Terms of Use, you shall not engage in any conduct that falls or may fall under any of the following:
(1) reproduction, reprint, accumulation, forwarding, public transmission, modification, adaptation, and other secondary use, etc;
(2) sale, re-editing, decompiling, disassembling, reverse engineering, and other conversion into readable formats;
(3) any act that infringes our rights or third party's rights in relation to the Service;
(4) any act of intentionally seeking to obtain items or any other benefits within the Service through the use of operations (such as bugs) or external tools, etc., which is unintended by us;
(5) any act to sell, purchase, or exchange, including but not limited to, accounts, items, in-game-currencies, game data whether inside or outside the Service, in cash or the like;
(6) any act of impersonating another user (including unauthorized access, use of another person's account, etc.);
(7) collection and accumulation of personal information of other users;
(8) development, distribution and use of tools and programs intended for unauthorized use, and any act of inducing or aiding third parties to do so;
(9) any act that infringes the copyrights, trademark rights, or other intellectual property rights of us or third party;
(10) any act of unauthorized access to our facilities, falsification or deletion of information on the Services or Our Content, or any act of using or providing harmful programs, such as computer viruses;
(11) conduct that leads to or promotes criminal activity;
(12) provision of benefits to or other cooperation with anti-social forces;
(13) religious activities or solicitation to join religious organizations;
(14) obstructing or interfering with the operation or provision of the Service or other registered users, etc;
(15) unreasonable inquiries or requests to us (including our user support staff, etc.) or third parties;
(16) frauds or threats against us, other users or third parties
(17) any act which violates laws and regulations or public order and morals. or
(18) any other act that we determine to be inappropriate based on reasonable grounds.
You shall not use Our Content beyond the scope that is stipulated in this Terms of Use.
4. <Free Points>
Depending on your usage conditions, you will be granted free points. Free points can be used for specific services within the Service.
When you change your device model, in some cases the data prior to the change, such as free points, may not be transferred.
5. <Liability for Damages>
Even when you suffer loss in connection with the Service for a reason attributable to us, we will not be held liable for the occurrence of the loss concerned. However, in the event that we are liable for damages pursuant to applicable laws, we will be liable for damages up to the amount of the usage fees for the Service received from you in the month in which the relevant damage occurred, within the scope of damages that should normally occur. However, this shall not apply if the said damage is caused by our intentional act or gross negligence.
6. <Changes, etc.>
We may change the contents, functions or specifications of the Service, in whole or in part, without prior notice to you.
We may terminate the Service by making an announcement to that effect through the Service.
We may revise, make addition to, change, and abolish all or part of this Terms of Use in any of the following cases (hereinafter referred to as "Changes").
(1) Changes conform to the interests of customers in general; or
(2) Changes are not inconsistent with the purpose of use of the Service and are reasonable in light of circumstances relating to Changes such as the need for Changes, the appropriateness of Changes, and the details of Changes.
In the event we intend to make Changes to the Terms of Use, we will post and disseminate that Changes will be made to the Terms of Use together with the contents of the Terms of Use after Changes and the effective date on the Service. Any Changes to the Terms of Use shall apply from the effective date specified in the announcement. In the event that you continue to use the Service, the amended Terms will apply.
You may not transfer or assign to a third party any of your rights or authorities to us pertaining to the Service hereunder.
7. <Prohibition of Use, etc.>
In the event that you take any of the following actions, we shall be able to delete your user registration, suspend your use, or prohibit re-registration, or to terminate the Service hereunder without notifying you in this regard.
(1) Entry of false information.
(2) Failure to pay information fees.
(3) Breach of any provision of this Terms of Use.
(4) If one (1) year has elapsed from your last use of the Service.
(5) Any other action that we determine as inappropriate.
If you are a minor in your country, you must obtain your guardian's consent before applying for the Service. If you are a minor, we will assume that your guardian has given his or her consent concerning your application for and use of the Service.
8. <Jurisdiction>
This Terms of Use shall be governed and interpreted in accordance with Japanese law
Any dispute between you and us shall be subject to exclusive jurisdiction this Terms of Use of the district court having jurisdiction over our head office for the first instance.
9. <In-game Currency>
You can gain the in-game currency which is displayed as a prepaid means of payment on the page titled "Notice for Payment Services Act" of the Service (hereinafter referred to as the "In-game Currency") through the methods that we specify, such as when you make a purchase in the Service, and during promotional campaigns. The purchase unit, settlement method, and other conditions for gaining the In-game Currency are as indicated in the Service.
The In-game Currency has no expiration date unless otherwise announced by us.
When you spend the In-game Currency, the In-game Currency will be spent in the order where the amounts with the earliest purchase dates first, and then the In-game Currency distributed for free with an older grant date are spent.
The In-game Currency may be used only on your account that you were using for the Service upon your purchase of the In-game Currency. You cannot assign or transfer the In-game Currency to another account.
Other content purchased by the In-game Currency shall be deemed to have been provided with goods and services related thereto upon acquisition within the Service, and shall not fall under the category of prepaid means of payment. Unless required by applicable laws, the In-game Currency shall not be refunded or otherwise returned to you or exchanged for any reason.
If you change your device with different OS, the In-game Currency you purchased with charge may not be carried over.
10. <Use of bulletin boards, posts, etc.>
You shall not post in the Service any image or information containing the following.
1. Content from which an individual can be identified, including personal information (telephone number, e-mail address, address, etc.).
2. Content that infringes on a third party's copyright, portrait right, privacy right, or any other right.
3. Content about gambling, indecent content, or any other content that is against public morals.
4. Content that is aimed at making personal contact between members.
5. Content that has religious, political, or profit-making purposes, or any other soliciting or advertising purposes.
6. Content with expressions and information that are too extreme such as defamation of individuals, organizations, websites, and the like.
7. Content that is believed to cause discomfort or confusion to anyone viewing the Service.
8. Content that is against the law.
9. Any other content that we determine as inappropriate for the Service.
In the event that you post an image or information that we determine as contrary to any of the above items or has such a risk, and if we believe that the correction or deletion of such image or data is necessary, we may correct or delete the image or information that you have posted, without making a prior notification to you or asking your prior consent in this regard. We do not have the obligation to respond to your inquiry as to the reason for our correction or deletion, or as to the details and other such matters regarding our correction or deletion. We shall not be held liable for the images and information that are posted, nor for supervising or deleting the content thereof.
The right of use, copyright (including the rights prescribed in Articles 27 and 28 of the Copyright Act), portrait right, and any other intangible property rights of the images and information that you have posted shall be assigned to us free of charge, and you shall not claim your author's moral right against us or our licensor. We will not return the content of your posts to you.
If a third party files a complaint or objection, or the like, for the image or information that has been posted, the poster shall handle the matter in its entirety, and shall not cause any damage or inconvenience to us. Furthermore, concerning the work that you have posted, we shall not be held liable if a third party other than the poster (including members other than the poster) engages in the reproduction, screening, exhibition, distribution, circulation, assignment, lending, republishing, forwarding, public transmission, alteration, adaptation, or any other secondary use or the like of the work concerned without the poster's consent unless there is any reason attributable to us.
11. <Customer Harassment>
You may not, against us (including our person in charge of the user support department, etc.), (1) intimidate or threaten, (2) insult or make remarks that deny human integrity, (3) force to hold a phone or serve you for an unreasonably long time, (4) excessively repeat the same inquiries, demands, claims, etc., (5) demand unreasonable apology or punishment, (6) defame on social networking sites and the Internet, or (7) engage in any other acts that significantly interfere with our business.
If it is confirmed that you have committed or are likely to commit any of the prohibited acts listed in (1) through (7) above, or if we deem it inappropriate for you to use the Service, or if you admit to have done such prohibited acts, the Company may take any of the following actions. In such cases, we are not obligated to disclose any information regarding such actions, including the reason for such actions and the period of time during which such actions will be taken, and you may not object to such actions. In addition, the Company shall have no obligation to prevent or remedy any such breach.
1. To require that the prohibited conduct cease and not be repeated.
2. Confiscation of any items, etc. you have obtained or any other adverse action on the Service.
3. Suspension of use of all or part of the Service.
4. Cancelation of your registration, prohibition of re-registration, or termination of this Agreement.
5. Revocation of any rights, etc. obtained through the prohibited conduct.
6. Disclosure of facts of the prohibited conduct inside or outside the Service, including reporting it to the police or other public authorities in the event that a criminal or administrative case may arise.
7. Any other action that we deem is necessary and appropriate.
12. <Handling of personal information>
You shall give your consent to our collection, through the Service, of your personal information (referring to your e-mail address, name, nickname, address, age, sex, occupation, telephone number, and information for identifying your device, and other such information, and excluding statistical information and other such information from which you, as an individual, cannot be identified) for the following purposes of use. The personal information you provide to us will be managed with the utmost care and will not be disclosed to any third party without your prior permission.
However, it may be disclosed without prior permission in the following cases:
(1) When it is necessary to disclose the personal information to a company to which we outsource the operation, management, or maintenance of the Service, upon imposing confidentiality obligation in advance.
(2) When disclosure is required by law from a judicial or administrative body.
We will only use the personal information you provide in the following cases.
(1) To send prizes to winners of gifts within the Service.
(2) To confirm the delivery of products or services ordered or to contact the customer;
(3) To be used for point totaling and ranking in the Service.
(4) When collecting information about our service prizes and services.
(5) To send information on campaigns, etc. to customers by e-mail or other means, or to advertise special services, new products, new services, etc. However, since these introductions are based on your consent, it can be discontinued at any time upon your request.
(6) When creating statistical data for our business.
(7) To provide other services and after-sales services related to the Service.
If you wish to make a query about, or to correct, delete, or take any other procedure under the Act on the Protection of Personal Information with regard to the personal information that you provide, please make such request at our Contact Information (User Support: Personal Information Desk cs@farm.rilakkuma.jp). Once we are able to confirm that the request is made by the person to which the personal information is related, and if statutory requirements under the Act on the Protection of Personal Information are satisfied, we will disclose, correct, delete, or take any other procedure for your personal information within a reasonable period and within a reasonable scope.
We will retain your personal information for as long as we consider is necessary under reasonable control so that a third party does not come into contact with your personal information.
Please understand that through the Service, we will send e-mails to those of you who subscribe to our e-mail distribution service.
For other details, please refer to our Privacy Policy, which is set forth separately.
13. <Showing of advertising>
We will not provide any guarantee as to the content of the advertising that is shown when we provide the Service (including banners, videos, and other manners of advertising; the same applies hereinafter). If you suffer any damage from the advertisement that appears when we provide the Service, we will not be held liable for the occurrence of the damage concerned unless there is any reason attributable to us.
<Indemnification and Disclaimer>
You agree to indemnify, defend, and hold us and all affiliated companies, and all officers, directors, owners, employees, agents, information providers, affiliates, licensors, and licensees thereof harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service. You shall use best efforts to cooperate with us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You understand that the Service is provided to you "AS IS" and may not work on every device or in every situation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES RELATING TO THE SERVICE, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE. ALSO, THERE IS NO WARRANTY OF TITLE, OR CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, WILL NOT, NOR WILL ITS AFFILIATED COMPANIES, AND ALL OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS, AND LICENSEES BE LIABLE WITH RESPECT TO THE APP UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF INFORMATION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY OR FOR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE APP, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF US OR ITS LICENSORS OR AGENTS.