Terms of Use for Yoseca and Gurica

The 'Yoseca and Gurica' Terms of Use (hereinafter referred to as 'these terms') apply to the services related to 'Yoseca and Gurica,' such as message boards utilizing web services provided by Caerux Co., Ltd. (hereinafter referred to as 'our company'), as well as the download of images, documents, audio, software, etc. (hereinafter referred to as 'content') provided by our company on this service (hereinafter referred to as 'user data'). To use this service, it is necessary for you to, at your own expense and responsibility, prepare in advance the necessary communication equipment, software, and other related devices required to use this service, and agree to these terms.
If the customer agrees to these terms and conditions by following the specified procedure on the screen within our service, or by initiating the use of our service, it will be considered that the customer has accepted these terms and conditions.
If the customer is a minor, it is mandatory to obtain consent from a parent or legal guardian before using our service.

Article 1 (Scope of Application)

1. These terms and conditions apply to browsing, content data, and accompanying products and services provided by our company.
2. Customers are allowed to use the content within the usage period and methods specified by our company.

Article 2 (Usage Fees and Payment Methods)

1. The fees and payment conditions for this service shall be as specified in the 'About Fees' section of our website (http://yosecatogurica.com/), unless otherwise agreed separately. However, the customer shall bear the communication fees required for using this service, as well as the costs of communication devices and computers.

2. Payment of fees for this service shall be made by credit card or by transferring the payment to the bank account designated by our company. Please check with your credit card issuer for the billing closing date.
3. Our company may revise the price of this service, and the customer acknowledges that the price at the time of use may differ from the revised price depending on the period of use.

Article 3 (Non-refundable Fees)

1. For any reason, our company cannot accept cancellations, refunds, or exchanges for content after the customer has initiated the usage process, due to the nature of digital content, which cannot be returned or exchanged.
2. Customers acknowledge that in the cases specified in the following items, even for content used or downloaded free of charge in the past, the said content may become unavailable.
(1)When the operating system is upgraded.
(2)When Google Inc. and Apple Inc. discontinue the sale of electronic devices operating the operating system or cease providing support services.
(3)When electronic devices are restored for any reason.
(4)In addition to the aforementioned reasons, due to reasons caused by Google Inc., Apple Inc., or the customer.
3. Our company shall not be held responsible for any damages incurred by the customer or third parties due to the inability to use this service as stated in the preceding clause.

Article 4 (Copyright, etc.)

1.The rights, including copyrights (as defined in Article 27 and Article 28 of the Copyright Law), associated with this service are owned by our company or the original rights holders and can only be used for individual enjoyment as content. Unauthorized secondary processing, redistribution, or posting on personal websites, among other actions with these contents, is prohibited. Such actions constitute a violation of the Copyright Law and are subject to criminal penalties.

Article 5 (Prohibited Activities)

Customers shall not engage in the following activities themselves or through third parties.
(1) The use of this service and its content is limited to personal enjoyment. Activities such as reproduction, publication, disclosure, transfer, public transmission, modification, or other forms of use beyond the scope of private use permitted by copyright law are prohibited.
(2) Engaging in or potentially engaging in acts that infringe upon the copyrights, registered trademarks, or other intellectual property rights of our company or legitimate rights holders.
(3) Illegally accessing our communication facilities, computers, other equipment, and software, transmitting harmful programs such as computer viruses, or engaging in or potentially engaging in activities that disrupt their use or operation.
(4) Engaging in or potentially engaging in activities associated with antisocial forces.
(5) Engaging in activities that violate laws, administrative guidance, etc., obstruct the operation of the service, damage the reputation of our company, infringe upon our property, or otherwise harm our company.

Article 6 (Disclaimer)

1. Customers are responsible for using the service at their own risk. Our company shall not be held responsible for any damages incurred by customers related to the use of the service, and we are not obligated to compensate for such damages.
2. If someone other than the customer uses the service through the customer's device, it will be deemed that the customer has accepted the terms of this agreement. Our company shall not be held responsible for any damages resulting from this situation.
3. Customers are responsible for resolving any damages caused to third parties in connection with the use of the service at their own expense and responsibility. Our company is not liable for such damages.
4. If our company receives any claims from other customers or third parties due to copyright infringement or other reasons related to the customer's use of the service, our company has the right to claim compensation from the customer for the amount paid to the third party based on such claims.
5. If a customer violates any provision of this agreement and causes damages to our company, the customer can be held liable for the incurred damages, including reasonable attorney fees.
6. Our company does not provide any guarantees regarding the completeness, accuracy, or other aspects of the information provided. Consequently, our company shall not be held responsible for any damages suffered by customers.
7. If a minor uses the service, it is assumed that the legal guardian or person with parental authority has accepted and agreed to this agreement for their use.
8. Our company does not guarantee that the service and content do not infringe upon the intellectual property rights or other rights of third parties.
9. Our company shall not be liable for damages arising from delays or unavailability of the service due to poor radio wave conditions, communication network accidents, power outages, natural disasters, or other force majeure events.
10. If damages incurred by the customer are attributable to our company's fault, our liability for compensation shall be limited to the total amount of content fees actually received by us during the six-month period from the occurrence of the damage.
11. If our company transfers its business to another company, the contractual position, rights and obligations based on this agreement, as well as customer registration details and other information, may be transferred to the transferee of the business transfer. Customers are deemed to have pre-agreed to such transfers under this provision. Business transfer as stated in this provision includes regular business transfers, company splits, and all cases where the business is transferred.
12. Our company shall not be held responsible for any damages incurred by customers due to the disappearance of content or user data caused by system malfunctions or any other reasons. We are not obligated to compensate for such damages.

Article 7 (Termination of Downloads)

1. If the contract period between our company and the licensor ends, or if there are changes in the contract terms resulting in the unavoidable circumstance where it's not possible to continue obtaining the license from the licensor, our company may have to terminate or suspend the downloading of content in this service. In such cases, customers acknowledge in advance that the content they have utilized may become unavailable for download, even within the download guarantee period, and they will not seek compensation for this.
2. In case of issues related to licensing rights, legal regulations, potential harm to third parties, or other reasons that may arise concerning the content, we may abruptly stop customer downloads. In such cases, we will provide detailed information separately.

Article 8 (Service and Changes, Suspension, Termination, etc. of the Service)

1. We reserve the right to change, suspend, or terminate the service, as well as delete content, without prior notice to customers due to natural disasters, unavoidable circumstances, or other reasons. In such cases, regardless of the circumstances, our company shall not be held responsible for any damages incurred by the customer.
2. We may temporarily suspend the provision of the service to perform regular inspections of the service facilities. Customers will be notified in advance of such suspensions.
3. If customers violate any of the provisions in Article 6 or any other terms of this agreement, as determined by our company, we reserve the right to immediately suspend all or part of the service without prior notice to the customer.

Article 9 (Prohibition of Transfer)

Customers are prohibited from transferring or inheriting rights and obligations related to the use of the service to third parties.

Article 10 (Trademarks, Logos, etc.)

Copyrights, trademarks, and other intellectual property rights related to images, designs, etc., posted on the site belong to our company or other legitimate copyright holders. Customers are prohibited from infringing upon these rights.

Article 11 (Personal Information)

1. We will handle your personal information according to the privacy policy separately specified by our company. By agreeing to our company's separately specified privacy policy, you are deemed to have consented to our company handling your personal information.

Article 12 (Protection of Privacy Information)

(1) Our company will not request, collect, transfer, or sell personal information such as names, addresses, and credit card numbers to third parties.
(2) Our company will not acquire, use, transfer, or sell photos, contact addresses, or data from other apps stored on your device.
(3) For the understanding of service usage and service improvement, our company will use information within a range where individuals cannot be identified. The data used includes a unique identifier: Universally Unique Identifier (UUID), Manufacturer or Distributor-specific Identifiers (IDFA), individual communication identification numbers on the network, IP addresses, non-specific identification information from websites, cookies, manufacturer, model, basic software operating smartphones and computers, and OS versions.
(4) Our services may contain links to external websites. The linked sites include our website and apps or websites of third parties specified by us.
(5) Please refer to the privacy policies of individual advertising companies regarding the handling of information provided by us.
(6) Advertising companies may have the option to opt-out (refuse to receive emails from customers) for information transferred to them by us. Please refer to the privacy policies of these companies regarding this.
(7) If you wish to restrict our provision of Manufacturer or Distributor-specific Identifiers (IDFA) to ourselves and advertising companies, you can opt-out through your OS settings.
To opt-out, on Android devices, open your Settings application, choose General -> Information -> Advertise, and select Limit Ad Tracking and then Reset Advertising Identifier.

Article 13 (Amendment of the Terms of Service)

1. If we add, delete, or modify the content of these Terms of Service, we will post the changes on the website subject to these terms.
2. The revised terms will take effect from the time they are displayed on the website specified by us.
3. If you use the service after the publication of such changes, it will be deemed that you have agreed to the changes.

Article 14 (Exclusive Agreement Jurisdiction Court))

In the event of a lawsuit between you and us, the Tokyo District Court shall be the exclusive jurisdiction court of first instance.

Article 15 (Governing Law)

These terms are governed by Japanese law and interpreted in accordance with Japanese law.

Article 16 (Other Provisions)

1. Inquiries regarding the content and content of this service will be handled by us, the provider of this service. For all inquiries related to this service, please contact our customer support.
2. The location, name, and representative of the service provider are as follows.
Postal Code 123-0851
2-9-4 Umeda, Adachi-ku, Tokyo
Caerux Co., Ltd.
Representative Director: Masanori Kimpara

These terms will be implemented from August 29, 2022.