CREOFUGA terms of use

These Terms of Use (“Terms of Use”) set forth the terms and conditions to be agreed upon by you as users (“you” or “Users”) with respect to any use of the services, “CREOFUGA,” (“Services”) provided by CreoFuga, Inc. (“Company”). These Terms of Use are applicable whenever you use the services. Please read these Terms of Use carefully, as you will be deemed to have agreed to all of the provisions hereof upon your use of the Services.

Article 1 (General Provision, Scope)

1. These Terms of Use set forth the basic provisions that must be complied with by all Users in relation to the use of the Services provided and operated by the Company.
2. These Terms of Use are applicable to the Company and all Users of the Services.
3. Any separate or additional terms published by the Company through the Company’s website or the Services or any rules released through e-mails, etc. in relation to the Services shall constitute a part of these Terms of Use. If any provision of such separate or additional terms or rules is in conflict with any provision of these Terms of Use, the provision of such separate or additional terms or rules shall prevail.

Article 2 (Definitions)

As used in these Terms of Use, the following terms shall have the following meanings:

(a) “User Agreement” means the contractual relationship established between Users and the Company in connection with the use of the Services by Users, including these Terms of Use and any other documents distributed, transmitted or released by the Company in relation to the Services (collectively, “Individual Terms of Use”);

(b) “User” means an entity or an individual that has entered into a User Agreement with the Company in relation to the Services;

(c) “Applicant” means an entity or an individual that desires to use the Services;

(d) “User Registration” means the registration for the Services to be completed by Applicants in accordance with the provisions of Article 3 hereof;

(e) “Registration Information" means any information collected by the Company from Applicants and Users upon User Registration, any information which the Company deems as necessary and requests from Users during their use of the Services, and any information added or modified by Users with respect to the above-mentioned information previously collected by the Company.

(f) “Content” means any information made available to Users through the Services, including, but not limited to, texts, images, video, audio, music and other sound effects, graphics, software, programs, codes, and other form of data.

(g) “Posted Content” means any Content posted or otherwise transmitted by Users through their use of the Services.

(h) “User ID” means a word or other string of characters used in combination with a Password to distinguish one User from another.

(i) “Password” means a word or other string of characters used in combination with an User ID to distinguish one User from another.

(j) “Account” means the right or qualification to use the Services.

(k) “Company Website” means any website(s) with a domain name, “creofuga.net” (regardless of any changes subsequently made to the domain name or the content of the website for any reason) operated by the Company in relation to the Services.

(l) “Intellectual Property Right” means any copyright, patent right, utility model right, trademark right, design right and any other intellectual property right, including the right to obtain and register any such right.

Article 3 (Registration)

1. Each Applicant must agree to comply with these Terms of Use and all Individual Terms of Use and to provide the Company with Registration Information in such manner as prescribed by the Company in order to apply to use the Services.

2. If a User is a minor, he or she must obtain the express consent of his or her parent or a legal guardian in order to register to use the Services. Such minor User will be deemed to have obtained the consent of his or her statutory agent, guardian, curator or assistant with respect to the Services and these Terms of Use upon completion of his or her registration to use the Services.

3. The Company will evaluate each application in accordance with the standards established by the Company, and will notify each Applicant if his or her application has been approved. An Applicant’s registration is deemed as complete upon such notice of approval.

4. A User Agreement is executed between a User and the Company upon completion of the registration pursuant to the preceding paragraph, allowing the User to use the Services in the manner prescribed by the Company.

5. The Company reserves the right to deny any application if any of the following items applies to the Applicant:

(a) Any or all of the Registration Information provided by the Applicant to the Company is found to be false, inaccurate or omitted;

(b) The Applicant is or has been subjected to a suspension of the Services or an account termination;

(c) It has been discovered that the Applicant, who is a minor, adult ward, or person under curatorship or assistance, has failed to obtain the consent of such Applicant’s legal representative, guardian, curator or assistant;

(d) The Company has determined that the Applicant (i) is an organized crime group or a member thereof, anti-social force, or other similar person or entity (“Antisocial Force”), (ii) has any interaction or involvement with an Antisocial Force, or (iii) is assisting or being involved in the maintenance, operation or management of an Antisocial Force by way of providing financial support or through other means; or

(e) The Company has deemed the registration as inappropriate for any other reason.

6. Users shall provide true and accurate information when registering User Information. The Company shall provide the Services based on the User Information registered by Users, and shall not be in any way responsible for any loss or damage incurred by Users as a result of any false, misleading or omitted statement contained in the User Information.

Article 4 (Change to Registration Information)

1. Users shall notify the Company of any change to their User Information within 14 days of such change in a manner specified by the Company, and shall provide any relevant materials upon request by the Company.

2. If any notice from the Company fails to reach a User for a reason attributable to such User’s non-compliance with the preceding paragraph, the notice shall be deemed to have reached the User when it should have normally reached.

Article 5 (User ID and Password Management)

1. Each User shall be responsible for keeping and maintaining their own User ID and password for the Services in an appropriate manner, and may not allow or cause a third party to use, or transfer, modify, sell or otherwise dispose of, the same. Once a combination of User ID and Password is verified, the Company will deem that the User who has been registered as the holder of such User ID and Password has used the Service.

2. Each User shall immediately notify the Company upon discovery of any stolen or misappropriated User ID or Password, and shall follow the instructions of the Company to resolve the matter.

3. Each User shall be responsible for the proper management of their own User ID and Password, and the Company shall not be in any way liable for any loss or damage incurred by any User as a result of failure to comply with the foregoing.

4. Notwithstanding any other provisions of this Article, Users may choose to use the Services using their Facebook or Twitter accounts. In such event, each provision of this Article shall be read as applicable to such Users’ Facebook or Twitter account, as applicable, instead of their User ID and Password.

Article 6 (Use of the Services)

1. Users shall be able to use the Services in a manner specified by the Company only for the purposes stipulated herein if the provisions hereof are complied with and the registration is effectively maintained.

2. Users shall agree in advance that the Company may restrict certain Users’ access to all or part of the Services based on their age, availability of identity verification and User Information, or satisfaction of other conditions as deemed necessary by the Company.

Article 7 (Posted Contents)

1. Each User shall represent and warrant with respect to their Posted Contents (which does not include music pieces managed by the Japanese Society for Rights of Authors, Composers and Publishers (JASRAC)) that:

(a) No agreement has been executed between the User and any music publisher or collective organization with respect to the Posted Contents;

(b) The User is duly authorized to post or transmit their Contents, and such Posted Contents are not infringing upon the rights of any third party;

(c) The User has not transferred or assigned any copyright pertaining to the Posted Contents to any third party, nor has granted any exclusive license to any third party with respect to the Posted Contents; and

(d) If there is any right holder other than the User with respect to the Posted Contents, the User has obtained the consent of all such holders of rights (which include copyrights, moral rights, neighboring rights, publicity rights and other Intellectual Property Rights).

2. Copyrights to any Posted Content shall remain with each User who posted such Posted Content through the Services; provided, however that each User shall hereby grant the Company a royalty-free license to reproduce, adapt, publicly transmit or modify into publicly-transmittable form any Posted Content to the extent necessary for the provision and advertising of the Services.

3. Each User hereby agrees that some Posted Contents may be provided through embedded players on websites and blogs operated by a third party.

4. Each User hereby agrees not to exercise his or her moral rights against the Company or any successor or licensee of the Company.

5. Users are allowed to play, sing, narrate or perform through other means using music pieces managed by JASRAC, and post such performance through the Services.

6. If the Company deems that there is any actual or suspected violation of laws, regulations or any provision hereof in relation to any Posted Content, the Company shall be able to restrict the use of the Services by deleting relevant Posted Contents or through other means without giving notice to Users.

Article 8 (Awarded Contents)

1. With respect to certain Posted Contents that have been awarded prizes in the competitions held within the Services (“Awarded Contents”), the Company will make them available for other Users to view at a location within the Services separately designated by the Company.

2. Each User hereby agrees that the Company may continue to use their Awarded Contents pursuant to the preceding paragraph even after the User removes such Awarded Contents from the Services.

Article 9 (Prohibited Acts)

1. Users shall not engage in any of the following acts on their own behalf or through a third party in connection with their use of the Services:

(a) Any act in violation of a law or regulation, judgment, decision or order of court, or a legally binding administrative disposition, or any conduct that would or may encourage such violation;

(b) Any fraudulent or threatening act against the Company, other Users or a third party;

(c) Any act that is or may be in violation of public order and morality;

(d) Any act that is or may be interfering with the Intellectual Property Right, publicity right, privacy, reputation, or any other right or benefit of the Company, other Users or a third party;

(e) Any act intended to transmit to the Company, other Users or a third party any information actually, or deemed by the Company as, falling under any of the following:

(e.i) Information containing extremely violent, cruel or brutal expressions;

(e.ii) Information containing computer viruses or other harmful programs;

(e.iii) Information containing extremely obscene expressions;

(e.iv) Information containing racial expressions;

(e.v) Information containing expressions that may encourage suicide or self-injury;

(e.vi) Information containing expressions that may encourage inappropriate use of drugs;

(e.vii) Information containing antisocial expressions;

(e.viii) Information requesting third parties to disseminate junk, spam or chain emails;

(e.ix) Information containing illegal solicitation or advertisements;

(e.x) Information containing disturbing expressions;

(e.xi) Information intended for meeting strangers of the opposite sex; or

(e.xii) Information inviting or inducing other Users to a service except the Services; or

(e.xiii) Any information similar or equivalent to any of the preceding items;

(f) Any act to modify, change, edit, disassemble, decompile, reverse engineer or otherwise analyze the source codes of the Services;

(g) Any act that impose excessive burden on the network or system of the Services regardless of the means used;

(h) Any act to cause damage to the Company, such as by unlawfully accessing any of the systems connected to the Services without authorization or modifying any information or data stored within the Company’s facilities;

(i) Any act to transmit or post computer viruses or other harmful programs to the Company Website;

(j) Assuming a false identity as the Company or as a third party including other Users;

(k) Offering illegal profits to antisocial forces;

(l) Any act not in compliance with the purposes of these Terms of Use, Individual Terms of Use or the Services;

(m) Any act that would directly or indirectly trigger or facilitate any of the acts in the preceding items; or

(n) Any other act deemed inappropriate by the Company.

Article 10 (Termination by User)

1. Users may terminate their use of the Services at any time by following the procedure designated by the Company, upon which point such Users will no longer be able to use the Services.

2. If a User terminates his or her use of the Services, all outstanding payment obligations of the User shall be accelerated and any yet unpaid obligations shall become immediately due and payable.

3. Even if a User terminates his or her use of the Services, he or she shall not be relieved of any of the responsibilities or obligations (including, but not limited to, compensation for damages) he or she may have towards the Company or other third parties under relevant User Agreement.

4. The Company may, at its discretion, delete the account information of Users that have terminated their use of the Services without giving any advance notice.

5. If a User terminates his or her use of the Services but later decides to resume, such User shall be required to re-register with the Company to use the Services. Each User hereby agrees that their data from their previous Accounts cannot be transferred or recovered upon such re-registration.

Article 11 (Violations)

1. If the Company deems that any of the following conditions applies or is likely to apply to a User, the Company may, at its discretion, delete such User’s User Information, Device Information, or Posted Contents, suspend or restrict the Services and/or delete such User’s Account:

(a) The User has violated any of the provisions herein;

(b) All or part of the User Information provided by the User is found to have been false;

(c) The User is found to have abused the payment system designated by a partner providing an affiliated service, or the User’s transaction has been suspended or invalidated by the payment service provider;

(d) The User has been subjected to suspension of payment or has become insolvent, and petition for commencement of bankruptcy, civil rehabilitation or any equivalent proceeding has been filed;

(e) A material change has occurred, thereby significantly degrading or otherwise affecting the credibility of the company;

(f) A resolution for liquidation, merger or corporate reorganization has been passed;

(g) The User has died or received a ruling for commencement of guardianship, curatorship or assistance;

(h) The User does not respond to the Company’s communication requesting for an answer within 30 days;

(i) The User is or has been subjected to a suspension of the Services or an account termination;

(j) The User is a minor or a person under guardianship, curatorship or assistance, and has not obtained consent from his or her statutory agent, guardian, curator or assistant;

(k) The Company has deemed that the User is involved in or having relationship with an antisocial force, such as by engaging in the maintenance, operation or management of such groups or organizations through provision of funds, etc.;

(l) The Company has deemed that deletion, suspension or restriction is necessary for the operation or maintenance of the Services; or

(m) The Company has deemed that there is a reason equivalent to any of the preceding items.

2. Deletion of a User’s Account shall not relieve the User of any of the responsibilities or obligations (including, but not limited to, compensation for damages) he or she may have toward the Company or other third parties under relevant User Agreement.

3. The Company shall not be in any way responsible for any loss or damage incurred by Users as a result of the Company’s actions under this Article, and shall reserve the right to retain and use any information provided by Users even after the deletion of such Users’ Accounts.

Article 12 (Changes, Additions, Termination or Suspension of the Services)

1. The Company reserves the right to make changes or additions to all or part of the Services without giving prior notice to Users.

2. The Company reserves the right to terminate the provision or operation of all or part of the Services at its discretion, upon which event the Company will notify Users to that effect in a manner deemed appropriate by the Company; provided, however, that such termination may take place without notice in case of an emergency.

3. In the event of any of the following circumstances, the Company shall be able to temporarily suspend all or part of the Services without giving prior notice to Users:

(a) An emergency or periodical maintenance or repair work is performed on the hardware, software or other network devices for the Services;

(b) There has been a system overload due to increased usage or other unexpected reason;

(c) There is a need for a security measure for Users;

(d) Telecommunications provider does not provide its services;

(e) Provision of the Services is rendered difficult due to a force majeure event;

(f) Provision of the Services is rendered difficult due to fire, power failure, accident, war, disputes, disturbances, riots, labor disputes, etc.;

(g) Provision of the Services is rendered difficult due to laws or regulations, or any dispositions made in accordance with such laws or regulations; or

(h) The Company has deemed it necessary to suspend the Services for a reason equivalent to any of the preceding items.

4. The Company shall not be in any way responsible for any loss or damage incurred by Users as a result of the Company’s actions under this Article.

Article 13 (Downloads)

Users shall exercise caution to prevent any loss of or damage to the Contents downloaded onto their own computers or devices through the Services. The Company shall not be in any way responsible for any loss or damage incurred by any User in relation to such downloading of Contents.

Article 14 (Ownership of Rights)

1. Any and all Intellectual Property Rights pertaining to the Contents provided by the Company through the Services shall belong to and remain the property of the Company or the relevant licensor the Company. No license granted hereunder in relation to the use of the Services shall be construed to confer any license or right with respect to the Intellectual Property of the Company or the relevant licensor of the Company.

2. Unless permission is obtained from the Company, Users may not modify, edit, adapt or allow any third party to use any information provided by the Company or disclose the same to any third party.

3. Trademarks, logos and service marks, (hereinafter collectively referred to as “Trademarks, etc.”) which may be displayed within the Services shall not be construed to confer on Users or any other third party any license to use such Trademarks, etc., nor shall they be construed to transfer any title thereto.

Article 15 (Collection, Analysis and Handling of User Information)

1. Any information pertaining to Users, including User Information and Device Information, shall be handled by the Company in accordance with the Privacy Policy separately established by the Company. Each User hereby consents that the Company will handle such information of Users in accordance with the Company’s Privacy Policy.

2. Each user shall agree that the Company shall be able to use User Information, Device Information and any other information or data provided by the User to the Company for the purposes of provision and operation of the Services and for improvement of the Contents of the Services, and that the Company shall be able to publish any such information as statistical data only to the extent that no individual is identifiable therefrom.

3. In addition to the provision of the preceding paragraph, each User hereby consents that the Company may provide third parties with any statistical data collected and/or analyzed through the Services for the purposes stated in Paragraph 2 of this Article.

Article 16 (Confidentiality)

1. Except as otherwise consented to by the Company in writing, Users shall treat as confidential any and all information specified as confidential and provided by the Company in connection with the Services.

2. Users shall, whenever requested by the Company, return or destroy any and all documents and recordable media containing such confidential information (including any reproductions thereof) without delay.

Article 17 (Damages)

1. If a User causes any damage to the Company by violating any provision hereof or in connection with his or her use of the Services, such User shall be responsible for compensating the Company for any such damage, including attorney or professional fees and personnel expenses incurred by the Company.

2. If a claim for infringement is made against the Company by other Users or a third party in relation to a User’s use of the Services, such infringing User shall be responsible for compensating for any expenses incurred by the Company to compensate the damaged party and to resolve any dispute arising from such claim, including attorney fees or professional fees and personnel expenses incurred by the Company.

3. User shall be solely responsible for, and the Company shall not be in any way responsible for, any loss or damage incurred by any User in relation to the Services. Even in the case where the Company has an obligation to compensate a User for such loss or damage on the grounds of the applicable consumer protection laws despite the provisions of this Article and other provisions indemnifying the Company’s liability for damages, the extent of damage to be compensated by the Company shall be limited to the direct and ordinary damages actually incurred due to reasons attributable to the Company.

Article 18 (Disclaimer)

1. Nothing in these Terms of Use shall be construed as a guarantee by the Company that the Services or any information obtained from the Contents provided through the Services are suitable for specific use purposes of Users or are equipped with functions, product value, accuracy, usability and integrity expected by Users, that any use of the Services will be compliance with applicable laws, regulations and other internal rules enforce by relevant organizations applicable to Users, that the Services will be free of any defects or malfunctions, or that the Company will resolve any issues in connection with the use of the Services.

2. Nothing in these Terms of Use shall be construed as a guarantee by the Company that the Contents provided through the Services are legally made available for use, that they are in compliance with the terms of use for other relevant services provided by third party providers, or that they are not infringing upon any rights of third parties.

3. The Company may monitor the Contents of the Services to the extent required by law or any provision of the Company’s Privacy Policy, which however shall not be construed as the Company’s obligation to monitor or supervise the Contents or any handling thereof.

4. The Company shall not be in any way responsible for any loss or damage arising as a result of or in connection with the Services, including suspension, termination, interruption or modification of the Services, deletion or loss of information transmitted by Users through the Services, deletion or loss of Accounts, device failure or damage, loss or damage resulting from User Contents or Third-Party Contents, and for any other reason whatsoever.

5. In the event of any dispute arising between a User and a third party, the User shall immediately notify the Company to that effect and resolve the matter at his or her own expense and on his or her own responsibility, and the Company shall not be in any way involved or responsible therefor.

Article 19 (Term)

Each User Agreement shall be effective as from the date of completion of User Registration pursuant to Article 3 hereof until the User terminates their use of the Services or until the User’s account is deleted, whichever comes first.

Article 20 (Amendment)

The Company reserves the right to make amendments or additions to these Terms of Use or any other Individual Terms of Use associated with the Services, upon which event the Company shall notify Users of such amendments or additions in accordance with the provisions of Article 21 hereof. Users shall be deemed to have consented to such amendments or additions if they continue to use the Services after notice is given or unless they take necessary procedures to terminate their use of the Services within the period prescribed by the Company.

Article 21 (Communications, Notice)

1. Any notice regarding any amendment or addition to these Terms of Use and any other communications regarding the Services from the Company to Users shall be made by way of posting on the Company Website, sending emails or push notifications or through other means as deemed appropriate by the Company.

2. Any inquiry regarding the Services or any other communications or notices from Users to the Company shall be made using the inquiry form on the Company Website or through other means as designated by the Company.

3. The Company may, from time to time, send advertisements or promotions by email to Users in connection with the Services to the email addresses registered by Users.

Article 22 (Assignment)

1. Unless prior written consent is obtained from the Company, Users shall not assign or pledge as security any title or right hereunder or under any User Agreement to any third party, whether in whole or in part.

2. Users hereby agree that in the event the Company transfers a part of its business relating to the Services, the Company shall be able to also transfer its title, rights and obligations under all relevant User Agreements in addition to User Information and other client data to the transferee. Transfer of business as provided for in this paragraph shall include mergers where the Company is being absorbed or split and company split-ups where the Company becomes the general successor.

Article 23 (Severability)

If any provision of these Terms of Use is found to be invalid or unenforceable under any applicable consumer protection laws or any other laws or regulations, the remainder of these Terms of Use shall continue in full force and effect; provided, however, that the Company and Users shall endeavor to correct or replace any legally invalid or unenforceable provisions to the extent necessary to make those provisions enforceable and bring the same legal and economic effects initially intended or contemplated by the original provisions.

Article 24 (Survival)

The provisions of Article 7, Article 8, Paragraphs 4 through 5 of Article 10, Paragraphs 2 and 3 of Article 11, Articles 14 through 18, and Articles 21 through 25 shall survive the termination of any relevant User Agreements.

Article 25 (Governing Law and Jurisdiction)

These Terms of Use shall be governed by and construed in accordance with the laws of Japan, and any disputes arising out of or in connection herewith shall be submitted to the exclusive jurisdiction of the Okayama District Court or the Okayama Summary Court, depending on the amount of claim, as the court of first instance.

Article 26 (Consultation)

Any matter not stipulated herein or any question arising in connection with the interpretation of any provision of these Terms of Use shall be resolved through mutual consultation between the Company and Users in accordance with the principle of good faith.

[Effective June 1, 2012]
[Amended December 22, 2014]

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