LoiLoNote School Terms of Service
These Terms of Service (the "Terms") set forth the terms and conditions under which you (the "User" ) may use LoiLoNote School-related products and services (collectively the "Service") provided by LoiLo Inc. (the "Company").
In these Terms, the following definitions shall apply:
1.1. "Content" refers to text, audio, music, image, video, software, program, code and any other form of information.
1.2. "Service Content" refers to Content that the User may access through the Service (but excluding User Content as defined in paragraph 1.3 of this Article).
1.3. "User Content" refers to Content that the User posts, transmits, or uploads to the Service.
2. Acceptance of These Terms
2.1. By actually using the Service, the User shall be deemed to have agreed to these Terms.
3.1. The Company shall determine the User's eligibility to register for the Service based on the criteria established by the Company.
3.2. The Company reserves the right to reject the User's application for the registration if:
3.2.1. The Company determines that the User is likely to violate these Terms;
3.2.2. The registration information submitted by the User to the Company contains, in whole or in part, false statements, misstatements or omissions;
3.2.3. The User's registration for the Service has been revoked previously;
3.2.4. The User is a minor, adult ward, person under curatorship, or person under assistance and the consent of his/her legal representative, guardian, curator, or assistant has not been obtained; or
3.2.5. The Company otherwise determines that it would not be appropriate to approve the registration.
4.1. The User shall be solely responsible for safeguarding his/her ID and password in connection with the use of the Service. The Company may deem any act performed using User-specific information (ID, e-mail address, password and other information registered by the User) to be an act of the User, regardless of by whom the act was actually performed.
4.2. After registration for the Service, the User may withdraw his/her membership for the Service at any time by closing his/her account.
4.3. The Company reserves the right to terminate the User's registration and/or delete his/her registration information in whole or in part without prior notice to the User if the Company determines that in respect of the User any of the causes for rejection enumerated in paragraph 3.2 or any of the acts prohibited under Article 11 hereof has occurred. The Company assumes no liability for any damages suffered by the User as a result of such termination or deletion.
4.4. The Company reserves the right to delete the User's free account without prior notice to the User if it has not been accessed for a period of more than one year since the last access.
4.5. All rights of use granted to the User in connection with the Service shall cease upon deletion of the User's account for any reason. Please be aware that once deleted, the account cannot be reactivated even if the deletion was the result of an error on the part of the User.
4.6. The User's account for the Service belongs to the User personally, and the Company shall provide the Service solely to registered Users. None of the User's rights granted in connection with the Service may be transferred, leased to or inherited by any third party.
4.7. Once revoked by the Company, the LoiLoNote School membership may not be re-registered.
5. Privacy and Protection of Personal Information
5.1. The Company has the utmost respect for the privacy of the User.
5.3. In order to ensure the safety of information collected from the User, the Company takes the utmost care with the security of information.
6. Provision of the Service
Where the Company deems it necessary, the Company reserves the right to modify, suspend or discontinue the Service in whole or in part at any time without prior notice to the User.
The Company assumes no liability for any losses that the User may suffer due to the inability to use the Service or its associated services as a result of such modification, suspension or discontinuation.
7. Business Uses of Service
In the event the Service is used on behalf of a business, that business and all users within that business shall accept these terms.
8. Services of Affiliated Partners
The Service may contain services or content provided by the Company's affiliated entities. Such services and content are made available subject to the applicable terms and conditions established by said entities. The responsibility for such services or content shall remain with the entities providing same. Such services and content are made available subject to the applicable terms and conditions established by said entities.
9. Service Content and Software
9.1. All copyrights, trademarks and other intellectual property rights relating to LoiLoNote School shall remain with the Company or its third party licensors.
9.2. The Company grants the User a non-exclusive, non-transferable and non-sublicensable right to use LoiLoNote School solely for the purpose of using the Service in accordance with the provisions of these Terms and in a manner prescribed by the Company.
9.3. The User is granted the right to connect via a telecommunications line to equipment specified by the Company using a telecommunications device, and to display or cache Service Content on said telecommunications device. Such displayed or cached Service Content may only be used as prescribed by the Company.
9.4. To the extent necessary to use the Service and to comply with the provision of Article 47-8 of the Copyright Act, the User may record Service Content on his/her recording media (which media are limited to those that are utilized to use the Service, such as a personal computer or mobile telephone).
9.5. The Company reserves the right to change the term of validity of the right to use Content.
9.6. The User is granted the right to use Service Content provided by the Company, provided that it is not transferred or made accessible to or exploited exclusive of any third party.
9.8. The User may not use any Service Content in a manner inconsistent with the intended use of the Service (such prohibited use includes without limitation: use for reproduction, transmission or alteration).
10. User Content
10.1. The User represents and warrants that User Content is legitimate and lawful, and does not infringe any copyright, patent, trademark or any other right of a third party. If any dispute arises with a third party in connection with the fact that User Content is illegitimate or unlawful, the responsibility for resolving the dispute shall rest with the User, and the Company shall have no obligation to resolve such a dispute.
10.2. The Service may have a function that enables users other than the User to post Content or correct, delete or otherwise edit User Content. The User hereby grants the Company a sublicensable right to post Content or correct, delete or otherwise edit User Content.
10.3. User Content shall remain solely the intellectual property of the User, and the Company shall have no right or interest therein.
10.4. Where it is necessary to confirm the User's compliance with applicable laws and these Terms, the Company reserves the right to review User Content.
10.5. The Company reserves the right to delete or otherwise restrict the use of User Content for the Service without prior notice to the User if the Company determines that with respect to User Content the User is or is likely to be in violation of any applicable law or these Terms, or if there is a business need to do so.
11. Prohibited Acts
The User shall not engage in any of the following acts in connection with the use of the Service:
11.1. To violate an applicable law, judgment, decision or order of a court, or a legally binding administrative act;
11.2. To perform an act that offends public order and morals;
11.3. To infringe or violate a copyright, trademark, patent or other intellectual property right, right to defend honor, privacy right or any other legal or contractual right of the Company or a third party (including for the purpose of decoding, decompiling, disassembling or reverse engineering of applications provided by the Company or any other similar purposes);
11.4. To post or transmit expressions that are excessively violent or explicitly sexual, that lead to discrimination on the grounds of factors such as race, nationality, belief, gender, social status, or lineage, that encourage or assist suicide, self-injury or drug abuse, or that contain content of an antisocial nature making another person feel uncomfortable, or to attack or damage artists, other users or the Company by using said expressions;
11.5. To impersonate the Company or a third party, or to intentionally circulate false information;
11.6. To send the same or similar messages (other than those permitted by the Company) to an unspecified large number of users, to include other users randomly in the list of friends or members of a group talk, or to perform any other act that the Company deems to constitute spam;
11.7. To exchange the User's right to use Service Content with cash, property or other economic benefits in a manner other than the manner specified by the Company;
11.8. To use the Service for the purpose of engaging in commercial activities (other than those permitted by the Company) such as business operation, promotion, advertising or solicitation; selling or transferring tickets, goods or articles; promoting a sexual or obscene performance; encountering or having a personal relationship with an unacquainted person; harassing, slandering or libeling other persons (including such acts intended to criticize or damage artists);
11.9. To provide illegal benefits or other support to antisocial groups;
11.10. To encourage participation in a religious group or activity;
11.11. To collect, disclose or provide personal information, registration information (including but not limited to IDs, e-mail addresses or passwords) or usage history of other persons in an unauthorized manner;
11.12. To cause interference with the Service's servers or network systems; to manipulate the Service in a fraudulent manner by using viruses, bots, cheat tools, or other technological means; to make intentional use of bugs in the Service; to make unreasonable inquiries or undue claims to the Company such as repeatedly asking the same question beyond necessity; or to perform any action that may hinder or interfere with the Company's operation or other users' use of the Service, including the act of posting or transmitting nuisance comments, chain comments or the like;
11.13. To assist in or encourage any act described above in paragraphs 11.1 through 11.12;
11.14. To perform any other act that the Company determines inappropriate.
12.1. The use of paid content provided by the Company shall be subject to payment of fees applicable to the paid content, as prescribed by the Company, at a time and in a manner specified by the Company. Fees that have been paid shall not be refunded for any reason.
12.2. If the User fails to pay the prescribed fee on or prior to the due date specified by the Company, the User shall pay the Company default interest on any overdue amount calculated at the rate of 14.6 % per annum for the entire period after the due date for the payment until such amount and default interest are paid in full.
13. Responsibilities of the User
13.1. If the Company determines that the User has used the Service in breach of these Terms, the Company reserves the right to take any action it deems necessary and appropriate at its own discretion.
13.2. If the Company incurs any damages directly or indirectly arising from use of the Service by the User in breach of these Terms (including the case in which third party claims against the company arising thereof) the User shall immediately indemnify the Company for such damages (including attorneys' fees or any amounts paid or payable in settlement under a settlement agreement entered into with a third party).
13.3. If as a result of the User's use of the Service any complaint, claim or demand, including demand for damages or injunctive relief, is asserted by a third party against the User, the User shall promptly notify the Company thereof.
14.1. The Service is provided “as is”. While the Company wishes to provide the Service in the optimal form possible and offer the best experience for the User, it offers no guarantee of the reliability, usability, or ability to meet the User’s needs of any Content or specific feature of the Service. The Company shall offer guarantees within the confines of the law.
14.2. If the User incurs losses due to willful or gross negligence by the Company (including, but not limited to, interruption of the Service for a period of 24 hours or more due to willful or gross negligence by the Company), the Company shall indemnify such losses. However, the Company shall assume no liability for any other losses incurred by the User arising from use of the Service. The User should use the Service at his/her own responsibility. However, this limitation of liability shall not apply if the agreement between the Company and the User governing the use of the Service (including these Terms) is a consumer contract as prescribed by the Consumer Contract Act (this provision also applies with respect to the limitation of the Company's liability set forth in these Terms.).
14.3. The total amount for which the Company will assume liability for any claims for damages to which these Terms are applicable as prescribed by law shall not exceed the total amount which the User has paid the Company in order to use the Service.
14.4. The User is required to use the Service in compliance with the law. The Company assumes no responsibility if the User violates any law of Japan or any foreign jurisdiction.
14.5. The Company shall take no interest in and accepts no responsibility for any dispute that the User may have with other users or third parties in connection with the Service. Such disputes shall be resolved by mutual consultation between the parties, or by an action in a court of competent jurisdiction, or by other appropriate means.
15. Manner of Communications
15.1. All communications from the Company to the User relating to the Service shall be posted in an application or in a relevant location on the website operated by the Company, or shall otherwise be posted in a manner that the Company deems appropriate.
15.2. Communications from the User to the Company relating to the Service shall be made by sending the inquiry form available in the application or in a relevant location on the website operated by the Company, or shall otherwise be made in a manner specified by the Company.
These Terms shall be effective from the date on which the User's registration under Article 3 hereof is completed until the date on which the registration is terminated; provided, however, that the provisions of paragraphs 2.2, 4.3 and 4.7, Article 5, paragraphs 9.1 and 10.1 through 10.5, Articles 12, 13, 14 and 17 shall survive the termination.
17. Governing Law and Jurisdiction
These Terms are written in Japanese and Japanese is their controlling language. These Terms shall be governed by and construed in accordance with the laws of Japan. Any dispute between the User and the Company arising out of or in connection with the Service shall be subject to the exclusive jurisdiction of the Yokohama District Court or the Yokohama Summary Court in the first instance.