“DRAWWWERS” Terms and Conditions of Use
This Terms and Conditions of Use (hereinafter referred to as the “Terms and Conditions”) stipulate the terms and conditions for using the website and the service on the website of “DRAWWWERS” (hereinafter referred to as the “Service”) provided by Karappo Inc. (hereinafter referred to as the “Company”), as well as the rights and obligations that exist between the Company and its users (heteinafter referred to as the “User(s)”). In order to start using the Service, Users must read and accept the Terms and Conditions in their entirely.
The terminology used in the Terms and Conditions is defined as follows:
- (1) “Bookmark(s)” means information (including links to certain websites etc.) that Users may post and save on the Service.
- (2) “Collection(s)” means collective(s) of Bookmarks that Users may edit or save under some themes selected by the Users.
- (3) “Personal Information” means, as stipulated in the Act on the Protection of Personal Information of Japan, information about a living individual which can identify the specific individual by name, date of birth or other description contained in such information (including such information as will allow easy reference to other information and will thereby enable the identification of the specific individual).
2. Agreement to Terms and Conditions
- 2.1. All Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions. Such agreement is valid and irrevocable.
- 2.2. Minors may use the Service only with consent from their parents or legal guardian.
- 2.3. By actually using the Service, Users are deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
- 2.4. If Separate Terms and Conditions for the Service exist or are added, Users also shall comply with such Separate Terms and Conditions and as well as the Terms and Conditions.
3. Modification of the Terms and Conditions
- 3.1. The Company may modify the Terms and Conditions or Separate Terms and Conditions when the Company deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms and Conditions or Separate Terms and Conditions are posted on an appropriate location within the website operated by the Company.
- 3.2. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions or Separate Terms and Conditions by continuing to use the Service.
- 5.1. Users shall abide by the appropriate conditions posted on the Service by the Company when using Contents which are subject to additional fees
- 5.2. If a User fails to pay fees stipulated in 5.1., the Company, according to the degree of the default, may suspend or stop providing the Service to the User fully or partially. The Company shall not be responsible for any damages inflicted upon the User in relation to the suspension or stop of offering the Service.
6. Rights of the Contents in the Service
- 6.1. The intellectual property rights (hereinafter used to refer to any rights already owned or to obtain or apply for registration of such rights) such as copyright (including the rights specified in articles 27, 28 and other articles of the Japanese Copyright Act; the same apply hereinafter), patent rights, utility model rights, design rights, trademarks, and other rights for the Service and such contents on the Service as texts, photos and websites (hereinafter collectively referred to as the ”Contents”) shall be all owned by the Company. However, this does not apply if the Contents are Bookmarks submitted or saved by Users other than contents (including websites originally developed by the company, etc.) for which intellectual property rights are already owned by the Company.
- 6.2. The Company grants Users non-exclusive permission to submit and save Bookmarks on the Service’s screen, and submit and send them by using other companies’ services or apps.
- 6.3. Users may NOT transfer or assign the license specified in the Article 6.2 of the Service or give permission to use the Service to third parties.
7. Submitting on the Service
- 7.1. Users shall understand that intellectual property rights for Bookmarks submitted or saved by Users may be owned by third parties, and shall submit or save the Bookmarks in accordance with applicable laws. Users shall NOT infringe the intellectual property rights or any other rights of third parties. The Company shall have no responsibility whatsoever even if such infringement were to occur, and Users shall be responsible for covering any necessary sovts in order to resolve any disputes with said third parties.
- 7.2. Users grant the Company the right (including the right to make changes such as removals, etc. deemed as necessary and appropriate by the Company, as well as the right to sublicense said rights to business partners of the Company) to use free-of-charge, without any time limitations, and regardless of region, any Bookmark or Collection submitted, saved, or created by Users in order to develop, improve, or publicize the Service, or for any other similar purpose.
- 7.3. Excluding the case stipulated in 7.2., the Company shall NOT use any Bookmark or Collection submitted, saved, or created by Users without obtaining the Users’ prior consent.
- 7.4. Users grant other Users the right to use free-of-charge, without any time limitations, and regardless of region, any Bookmark or Collection submitted, saved, or created by Users (including Bookmarks and Collections after deletion of accounts of Users who submitted, saved, or created them. However, in this case, other Users canNOT use said Users’ information about registration on the Service.) in order to use the Service.
8. Modifications and Support for the Service
The Company may terminate or make modifications to all or a part of the Service, or stop providing support for the Service at its own convenience. In this case, the Company shall notify Users of this effect before implementing those changes.
9. Assignment of Business etc.
9.1. If the Company transfers the business related to the Service to another company because of transfers of business, company splits, mergers, or other reorganizations (hereinafter referred to as the “Transfer”), then at the Transfer the positions in the agreement between Users and the Company includuing but not limited to the Terms and Conditions and all rights and responsibilities conferred by it, as well as all registered information and other User information, shall be transferrable to the transferee.
9.2. Users agree beforehand to all terms regarding the Transfer in 9.1.
10.1. Users shall NOT engage in any of the following behavior when using the Service:
- (1) Behavior that violates the law; court verdicts, resolutions, or orders; or any legally binding governmental measures.
- (2) Behavior that may hinder public order or customs.
- (3) Behavior that infringes the intellectual property rights, honor rights, privacy rights, or any other rights stipulated by the laws or agreements of the Company or third parties.
- (4) Posting or sending messages that are excessively violent or sexually explicit; discriminatory messages based on race, nationality, faith, gender, social status, ancestry, etc.; messages that may entice or promote suicide, self harming, or drug abuse; or any other type of message that is antisocial or may cause discomfort to others.
- (5) Impersonating the Company or a third party, or intentionally disseminating false information.
- (6) Behavior (excluding anything approved by the Company) for commercial purposes such as sales, promotions, advertising, soliciting, etc.; any sexual or obscene behavior; any harassing or slanderous behavior against other Users; or any other use of the Service for purposes other than the Service’s intended purpose.
- (7) Behavior for the benefit of, or in cooperation with, antisocial groups.
- (8) Soliciting behavior for religious activities or religious groups.
- (9) Illegal gathering, disclosure or provision of other people’s Personal Information, registered information, usage history, etc.
- (10) Using technical means to operate the Service illegally; intentionally using any defects found in the Service; sending inappropriate enquiries or requests to the Company, such as unnecessarily asking the same question multiple times; or any behavior that interferes, or helps to interfere, with the Company’s provision of the Service or other Users’ use of the Service.
- (11) Any behavior that aids or encourages any behavior corresponding to (1) to (10) above.
- (12) Any other behavior deemed as inappropriate by the Company.
- 10.2. When Users use the Service to save Bookmarks and submit them or send them to services provided by other companies such as external SNSs, the user agreements for said services may also be applicable in addition to 10.1. Therefore, Users shall be aware of any behavior that is prohibited by those agreements.
11. Deletion of Bookmarks and Suspension or stop of use of the Service
- 11.1. If the Company believes that a User is violating or has violated the terms stipulated in 10.1., the Company, according to the degree of the violation, may delete the Bookmarks and the Collections submitted, saved, or created by the User giving prior notice to the User, suspend or stop providing the Service to the User, or delete the User’s account.
- 11.2. If a third party notifies the Company of infringement on the third party’s intellectual property rights by a User and there is actually the infringement, the Company may delete the User’s Bookmarks and Collections which consist of the infringement without giving prior notice to the User in order to protect the rights of the third party promptly.
12. User Responsibility
- 12.1. Users shall use the Service at their own risk and assume full responsibility for their behavior, or the results of their behavior, when using the Service.
- 12.2. The Company shall take any necessary and appropriate measures if it deems that a User has been using the Service in violation of the Terms and Conditions. However, the Company shall NOT be responsible for preventing or rectifying any behavior that violates the Terms and Conditions.
- 12.3. In the case where the Company has suffered damages (including but not limited to legal fees) directly or indirectly caused by or as a result of a User using the Service, said User shall compensate the Company immediately as demanded by the Company.
13. The Company’s Exemption of Liability
- 13.1. The Company shall NOT explicitly or implicitly guarantee that the Service is free from de facto or legal flaws (including flaws relating to safety, reliability, accuracy, completion, validity, compatibility with certain purposes, security, as well as errors, bugs, and infringement of rights). The Company shall have NO obligation to provide the Service without such defects to the Users.
- 13.2. The Company shall have NO responsibility whatsoever for any damages caused by the Service to the Users or third parties. However, this exemption clause shall NOT be applicable if the contract between the Company and the Users in relation to the Service (including the Terms and Conditions) is deemed to be a consumer contract under the Consumer Contract Act of Japan.
- 13.3. Notwithstanding the condition stated in the preceding clause, the Company shall have NO responsibility whatsoever for any indirect, special, incidental, consequential or punitive damages (including damages that were predicted or could have been predicted by the Company or the Users) inflicted on the Users, caused by the Company’s contractual default or act of tort due to the Company’s negligence (except for gross negligence).
- 13.4. The compensation for any damages inflicted on the Users, caused by the Company’s contractual default or act of tort due to the Company’s negligence (except for gross negligence), shall be limited to ¥1,000 in the case of damages caused by the free-of-charge of the Service, or in the case of damages caused by the fee-based service of the Service shall be limited to the total amount paid by the User over the last 12 months prior to the particular date on which such damages occurred.
- 13.5. The Company shall have NO responsibility whatsoever for providing compensation for any damages caused to the Users by the interruption, suspension, termination, unavailability, or changes in the provision of support for the Service, for any deletion or loss of Bookmarks or Collections submitted, saved, or created by the Users using the Service, or for any other damages caused in relation to the Service.
14. Suspension and Interruption of the Service
- 14.1. The Company may suspend or interrupt providing the Service fully or partially giving prior notice on the “DRAWWWERS” website in order to maintain or check the systems etc. of the Service.
- 14.2. Notwithstanding 14.1., in any cases of the following, the Company may suspend or interrupt providing the Service fully or partially without giving prior notice to Users. (1) cases in which the Company needs to maintain or check the systems of the Service immediately. (2) cases of suspension of computers, communication lines, or etc. related to the Service. (3) cases in which the Company can not operate the Service due to force majeure including earthquake, lightning, fire, storm, flood, power outage, and other natural disaster etc.. (4) cases in which the Company believes that suspension or interruption is necessary other than (1) through (4) above.
- 14.3. The Company shall have NO responsibility whatsoever for any damages caused by measures taken by the Company based on 14.1. or 14.2. to Users.
- 15.1. Users may withdraw from using the Service by notifying the Company through a method designated by the Company.
- 15.2. When a User notify the Company of withdrawal from using the Service based on 15.1., the account of the User will be deleted.
- 15.3. If the User bears a payment debt when the User withdraws, the User shall forfeit the benefit of time in relation to the total amount of the payment debt without any notice from the Company.
Even if some clauses, or sections thereof, within the Terms and Conditions were deemed to be invalid or unenforceable, based on the Consumer Contract Act of Japan or any other law, any remaining stipulated clauses, or sections thereof, shall continue to be completely valid.
17. Notification and Contact
- 17.1. When the Company notifies or contacts Users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting on the website operated by the Company.
- 17.2. When Users notifies or contacts the Company in regard to the Service, Users shall use the customer inquiry form available on the website operated by the Company or other means designated by the Company.
- 17.3. The Company shall use Users’ Personal Information provided by the Users based on 17.2. only in order to respond to the inquiries, etc. from the Users, and shall NOT use the Personal Information for other purpose whatsoever.
18. Governing Law and Jurisdiction
- 18.1. Where the Company has provided Users with a translation of the Japanese language version of the Terms and Conditions (hereinafter referred to as “Japanese Version”), the Japanese Version and a translation will govern the relationship between Users and the Company. In the event of a contradiction between Japanese Version and a translation, the provisions in the Japanese Version shall take precedence over any other translation.
- 18.2. These Terms and Conditions shall be governed by the laws of Japan.
- 18.3. Conflicts that arise from the Service or conflicts between Users and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Chiba or the Chiba Summary Court.
Prescribed on July 15, 2015