Terms and Conditions
- These Terms and Conditions set forth the terms and conditions between the Monoxer inc. (hereinafter referred to as the "Company") and users of any services which is provided by the Company (hereinafter referred to as the "User").
- Any rules for use of the Services posted on our website or application (the "Rules") shall constitute an integral part of these Terms and Conditions.
- If there is any conflict between these Terms of Conditions or any other description of the Services not provided for herein, these Terms and Conditions will prevail.
- All Users shall use the Service in accordance with the terms stated in these Terms and Conditions. By actually using the Service, Users are deemed to have agreed to these Terms and Conditions.
For purposes of these Terms and Conditions, the following terms have the following meanings.
- "Services" means any and all services provided by the Company.
- "Service Agreement" means not only these Terms and Conditions but also any other agreements relating to the Services to be executed between the Company and the User.
- "Contents" means information such as text, images, flash card, software, programs, computer code, and the like that may be accessed through the Services (except Posted Contents).
- "Posted Contents" means contents that Users have posted, transmitted, or uploaded.
- "Poster" means the User who has posted, transmitted or uploaded the Posted Contents.
- "Mono Point" means the virtual point which Users may obtain in the Services.
- "Scholarship Point" means the virtual point which Users may use in the Services, which are not free of charge.
- "IP Rights" means copyrights, patents, trademarks, utility rights, design rights and other intellectual property rights (including rights to obtain or to apply for registration of such rights.)
- The User shall register for an account to use all features of the Services. A person wishing to use all the Services may apply for registration by agreeing to comply herewith and providing certain information as specified by the Company (hereinafter referred to as the "Registration Information") in accordance with such manner as may be prescribed by the Company.
- Upon completion of the registration of the User's account, pursuant to the foregoing paragraph, the User may use all features of the Services.
- Notwithstanding the provisions of the preceding paragraph, the Company reserves the rights to refuse the registration of the User and may without prior notice, delete the User' account, even after completion of the application by the User, without any obligation to disclose the reasons, in the event that:
- Any or all of the Registration Information provided by the User to the Company is found to be false, inaccurate or omitted;
- The User was determined by the Company to (i) constitute an organized crime group or a member of thereof, rightist organization, anti-social force, or other similar person or entity ("Antisocial Force"), (ii) have any interaction or involvement with an Antisocial Force, or (iii) assist or be involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means;
- The User was determined to have been in violation of any agreements with the Company, or to have involvement with a defaulting party of any such agreements.
- In addition to the foregoing, the Company deems the User inappropriate.
- All the User's rights to use the Services (including but not limited to Mono Point and Scholarship Point) shall expire when the account has been deleted for any reason. Under no circumstances shall the Company be liable for any damages incurred by the User arising out of any measures taken by the Company pursuant to this Article.
Article4 Change to Registration Information
The User shall promptly notify the Company of any change to the Registration Information in accordance with such manner as prescribed by the Company.
Article5 User ID and Password Management
- The registered User shall be responsible for keeping and maintaining his/her/its user ID and password for the Services in an appropriate manner, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.
- The Company may treat all activities conducted with the password as activities that have been conducted by the holder of the password him/her/itself.
- The User shall be, and the Company shall in no event be, liable for damages arising out of inappropriate management, misuse, or use of the User's ID by a third party.
Article6 Mono Point
- Mono Point will be provided to Users by the means specified by the Company such as completing certain actions and the like. Details and all other conditions regarding Mono Point will be decided by the Company and displayed accordingly upon the Service.
- User may exchange Mono Point to gift card or otherwise specified by the Company pursuant to the Company's direction. Details and all other conditions regarding Mono Point will be decided by the Company and displayed accordingly upon the Service
- Mono Point cannot be refunded for any reason. However, this does not apply if required by applicable laws.
- Mono Point shall not be assigned, transferred or otherwise disposed of to any third party.
Article7 Scholarship Point
- Scholarship Point will be provided to Users by the means specified by the Company such as purchase. Details regarding the fee, the payment methods, units, and all other conditions regarding Scholarship Point will be decided by the Company and displayed accordingly upon the Service.
- Scholarship Point cannot be refunded for any reason. However, this does not apply if required by applicable laws.
- Scholarship Point shall not be assigned, transferred or otherwise disposed of to any third party.
Article8 Posted Contents
- The Poster shall maintain the rights regarding their Posted Contents just as before, and the Company shall not acquire any rights to such contents. The Poster shall use this Service at his/her/its own risk, and shall bear all responsibility for actions carried out and their results upon this Service
- The Poster hereby represent and warrants to the Company that it has lawful rights to post, upload or otherwise transmit the Posted Contents, and that the Posted Contents so posted does not infringe any third party's rights.
- The Poster hereby grants to the Company a worldwide, non-exclusive, sublicensable, transferrable and royalty-free license to use, copy, reproduce, distribute, make, express and create derivative works of the Posted Contents.
- The Poster hereby agrees not to exercise moral rights against the Company or any other person who succeeded to the same from the Company or a licensee thereof.
- The Company may check the details of the Posted Contents, when the Company believes that the Posted Contents may violate related laws or provisions set out in these Terms and Conditions. However, the Company is not obligated to conduct such investigations.
- In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly (including but not limited to cases where the Company has been sued for damages by a third party) due to the Poster violating applicable laws or these Terms and Conditions while using the Service, the Poster shall immediately compensate the Company upon its request.
- The Company will not undertake the obligation of backing up any of the Posted Contents.
Article9 Prohibited Actions
Users shall not engage in the following when using the Service.
- Acts that breach these Terms and Conditions or other terms and conditions between the Company and the User.
- Acts that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
- Acts that may hinder public order or customs.
- Acts that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
- Acts that transfer or lend their accounts to any third party nor may their accounts be inherited by any third party.
- Acts that post or transmit violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
- Acts that use the Service for the purpose of sexual conducts or obscene acts, use the Service for the purpose of meeting a person for sexual encounters, use the Service for the purpose of harassments or libelous attacks against other Users; or use the Service for purposes other than the Service's true intent.
- Acts to provide Antisocial Forces with profit.
- Acts that are related to religious activities or invitations to certain religious groups.
- Acts that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, user history, or the like.
- Acts that interfere with the servers and/or network systems of the Service; that abuse the Service by means of cheat tools or other technical measures; that deliberately use defects of the Service; that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with the Company's operation of the Service or use of the Service by the User.
- Acts that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract.
- Acts that aid or encourage any activity stated in Clauses above
- Other acts that are deemed by the Company to be inappropriate.
Article10 Registration Cancellation
- The Company may, without prior notice or demand, delete the Posted Contents, or temporarily suspend the use by the User of the Services, cancel the User's registration as such or terminate the Service Agreement, in the event that the Company acknowledges that the User failed to comply with any of provisions hereof.
- In that the event that the Company reasonably determine that User may violate or violate these Terms and Conditions, the Company may suspend grant, payment and/or exchange of Mono Point until the violation or the doubt of it is resolved. The Company shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Company pursuant to this Article.
- If the violation of these Terms of Conditions or the doubt of it by the User is not be resolved even after six months have elapsed from the date the Company determined the suspension, the Company shall be exempted from the obligation under the preceding paragraph.
- The Company reserves the right to delete any account that has been inactive for a period of a year or more since its last activation, without any prior notice to the User.
- Any registered User to the Services may delete his/her/its account and withdraw from using the Service, at any time.
- All the User's rights to use the Services (including but not limited to Mono Point and Scholarship Point) shall expire when the account has been deleted for any reason. The account, Mono Point and Scholarship Point cannot be retrieved even if User have accidentally deleted their account.
Article12 Ownership of Rights
- Any and all IP Rights related to the Services are reserved by the Company or the Company's licensor. Nothing contained herein shall be construed as granting to the User a license of the IP Rights owned by the Company or the Company's licensor.
- Users shall not copy, transmit, reproduce, modify or use the Contents beyond the scope of the intended use of the Contents in the Service.
Article13 Suspension of the Services
- The Company shall be entitled to, without any advance notice to the User, suspend or discontinue the Services, in whole or in part, in the event that;
- Inspection or maintenance of the computer system for the Service needs to be performed due to urgent circumstances;
- Computers or communication lines have been disrupted due to an accident;
- The Company becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
- The Company determines that suspension or discontinuance is required for other reasons.
- Under no circumstances shall the Company be liable for any damages incurred by the User arising out of any measures taken by the Company pursuant to this Article.
Article14 Services Modification and Termination
- The Company shall be entitled to at any time modify or terminate the Services in its own discretion. The Company shall notify in advance the User of any intended termination by the Company of the Services.
- The Company shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Company pursuant to this Article.
Article15 Disclaimer and Waiver of Warranties
- The Company does not expressly or impliedly guarantee that the Service(including the Posted Contents) are free from de facto or legal flaws(including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, computer virus or infringements of rights).
- The Company shall not in any way be liable for transactions, communications or disputes arising between the User and a third party in relation to the use of the Service.
- The Company shall not be liable for any damages inflicted upon Users in relation to the use of the Service. However, if the agreement (including but not limited to these Terms and Conditions) between the Company and the User regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.
- Notwithstanding the provisions of the preceding paragraph, the Company shall not be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or Users predicted or could have predicted) with respect to the Company's contractual default or act of tort due to the Company's negligence(except for gross negligence). The compensation for ordinary damages in respect to the Company's contractual default or act of tort due to the Company's negligence(except for gross negligence) shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.
The User shall keep confidential any and all non-public information disclosed by the Company to the User for which the Company has imposed on User a confidentiality obligation in connection with the Services, unless the User has obtained prior written approval from the Company.
Article17 Treatment of User Information
- The Company may, in its sole discretion, use or disclose to a third party any information provided by User to the Company as statistical information in a form that cannot identify an individual, and the User may not challenge or dispute such use.
- In cases where the Company has assigned the business regarding the Services to a third party, the Company may, as part of such assignment, assign to such third party its status under the Service Agreement, its rights and obligations under these Terms and Conditions, and the Registration Information and other information relating to the User, and the User hereby agrees to such assignment in advance.
- The User shall not assign, transfer, grant security interests in or otherwise dispose of its status under the Service Agreement or its rights or obligations under these Terms and Conditions without the prior written consent of the Company.
- The Company may modify the 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 are posted on an appropriate location within the website or application operated by the Company.
- Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions by continuing to use the Service.
Any inquiries with the respect to the Services or other communications or notices from the Users to the Company, or any communications or notices from the Company to the User shall be made in accordance with the procedures specified by the Company.
Article21 Governing Law and Jurisdiction
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 will govern the relationship between User and the Company. In the event of a contradiction between the Japanese Version and a translation, the provisions in the Japanese Version shall take precedence over any other translation. These Terms and Conditions will be governed by the laws of Japan. Conflicts that arise from the Services or conflicts between Users and the Company related to the Services will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.
Prescribed on 22/09/2017