Cadabra inc. (hereinafter referred to as " Company") provides the services on the website (hereinafter referred to as "Service") based on the Terms.
For registered users (hereinafter referred to as "Users"),
A person who registered certain information stipulated by the Company will use this Service in compliance with the Terms.
Article 1. Application
The Terms shall be applied to any person and all relationships concerning the use of Service between the User and the Company.
Article 2. Registration of Use
Any person, who applies for the registration of use and obtains the approval of the Company is considered that the Registration applicant is completed and may use the Service based on the Terms.
The Company may refuse the application for Registration of Use without any obligations to disclose any reason when we determine that there are the following reasons of the applicant for Registration of Use.
(1) Registration information is submitted to the Company by a Registration applicant is found to be false, incorrect, or incomplete;
(2) In the case that the person who applies for Registration of Use violates the Terms;
(3) In the case that it is a minor, an insane person due to old age, a person has psychological trauma due to the accident, or other people who are not obtained the consent of a legal representative, a guardian or a curator;
(4) In the case where the Company identifies that the application for Registration of Use is one of the antisocial forces (including organized crime groups, members of organized crime groups, ultra-rightist organization, and other antisocial forces or similar groups) or cooperates or relates to maintenance, operation, or management of antisocial forces through funding or any other ways;
(5) The Company considers that a Registration Applicant is inappropriate for Registration of Use for any other reasons.
Article 3. Management of Password and User ID
The User shall have to manage the user ID and password of the Service at its own risk.
In any case, the User does not assign or lend user ID and password to any third party. The Company just allows to login if user ID and password is consistent with the registration information. It is considered to be used by the User who registered user ID
Article 4. Prohibited Matters
When using this Service, No User may conduct the acts that the Company determines that it falls into any one of the following acts.
(1) Acts that violate any laws or public order and morals;
(2) Acts that involve in the criminal actions;
(3) Acts that cause disadvantage, damage or destroy the functions of Company's server and network;
(4) Acts that aim to affect the operation of Company's Service;
(5) Acts that collect or accumulate personal information concerning other Users of Company's Service;
(6) Impersonation of other Users;
(7) Acts that directly or indirectly provide the benefits to antisocial forces concerning Company's Services;
(8) Acts that infringe the intellectual property rights, right of publicity, right of privacy or use images, honor, other rights or interests of the third parties or the Users of Company's Service;
(9) Acts that attract or encourage suicide, self-harm, or substance abuse. Acts that post or send the violent expressions, sexual expressions, discrimination of race, nationality, creed, gender, social status or gender discrimination, etc. or other antisocial contents cause discomfort to others;
(10) Acts that aim at sales, advertisement, solicitation, other commercial purposes (the exclusion of the approval of the Company). Acts that aim at sexual acts or obscene acts, encounters, and relationships with unfamiliar opposite-sex. Acts that aim at harassing or slandering to other customers. Acts that use the Service for the purposes which is different the intended purpose of Service proposed by the Company;
(11) Acts that solicit the participation in religious activities or fund-raising activities for other religious organizations;
(12) Any other acts that the Company realizes that it is not legitimate.
Article 5. Suspension of the provision of Service
The Company is able to suspend the whole or part of the provision of the Service without prior announcement in the event that we determine any of the following reasons.
(1) Any inspection, updating or maintenance work is required to conduct on the computer systems relating to the Service;
(2) It is possible to suspend the provision of this Service due to force majeure causes such as earthquake, lightning strike, fire, blackout or natural disasters;
(3) Any computers, communication lines or other similar means are discontinued due to any accidents;
(4) In addition, the Company determines that it is necessary to suspend or discontinue for any other reasons.
The Company shall not be liable for any disadvantage or damage incurred by any User or any third party due to suspension or interruption of the provision of the Service.
Article 6. Copyright
The User is only able to post or edit the contents that belonged to his/her intellectual property right or is obtained the permission of the relevant licenser of the author rights or intellectual property right called copyright such as written texts, images, video, etc.
The copyright of the written texts, images, videos, etc. that the User has used in this Service is considered that it belongs to such User or the existing right holder.
However, the Company shall manage the contents such as written texts, images, videos etc. posted or edited by using the Service and the User shall not perform the copyrights regarding this use.
Except the main sections are issued above, all copyrights and other intellectual property rights concerning the Service and all information relating to the Service shall belong to the Company or the right holder who has authorized Company to use it.
The User shall not reproduce, assign, lend, translate, modify, reprint, transmit publicly (including Internet transmission), change, distribute, publish, use for business and other similar acts.
Article 7. Limitation of use and Deletion of registration
The Company may delete the data posted without prior notice in the following cases to restrict the use of the whole or part of this Service or may delete the registered user.
(1) In case of the breach of any provisions of the Terms;
(2) In the event that it is found that there is a false fact in the registration information;
(3) In case of the petition for announcement of bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or any other similar proceedings;
(4) In the case that there is no use of this Service at 1 year and over;
(5) In the case that the User has not responded to any inquiry or any other communications from the Company requested at 30 days and over;
(6) In the case that the User falls into the section 2 in Article 2;
(7) In the event that the Company determines that the User uses the Service for other inappropriate purposes.
If any of the cases in preceding sections issued above occurs, The User naturally loses the time-limit for the benefits in debt to the Company and must immediately repay a lump sum payment at that time.
The Company is not liable for any damages incurred by any User resulting from any measures taken by the Company in this Article.
Article 8. Exemption of Liable and Disclaimer of Warranty
The Company will inform the User with the factual or legal defects (including errors and bugs, infringement of rights such as safety, reliability, accuracy, completeness, validity, fitness for a specific purpose, security, etc.).
The Company absolutely disclaims all warranties and conditions of any kind of above defects, and the Company is not liable for any damage caused to User due to using this Service. Provided, however, the exemption is not applied if the contract between the Company and the User concerning the Service (including this Agreement) is deemed to be a consumer contract prescribed in the Consumer Contract Act.
The Company shall not be liable for any damage incurred to the User (including the damages that have been foreseen or foreseeable by the User or the Company) resulting from the Company’s non-performance or acts due to negligence ( except gross negligence) in any special circumstances.
In addition, the compensation for the damage caused to the User due to cheating or illegal acts of the Company or the Company's negligence (except gross negligence) is limited to the amount of usage charge received by the Company from the User for the month such damage occurred.
The Company is not liable concerning the Service for any transactions, communications or disputes, etc. arising between the User and other Users or third parties.
Article 9. Change of Service Contents
The Company may, in its own judgment, change the contents of the Service or terminate the provision of the Service without any prior notice to the User. The Company will not be liable for any damage incurred by any User resulting from any measures taken by the Company in the Terms.
The Company may amend the Terms at any time when it is deemed to be necessary without prior announcement.
Article 11. Notice and Contact
The notice or communicate between the User and the Company shall be made according to the specified method by the Company.
Article 12. Prohibition of Transfer of Rights and Obligations
The User cannot transfer the rights and obligations based on the Terms to third parties without the prior consent of the Company in writing and it is not used as collateral.
Article 13. Governing Laws and Competent Court
The Japanese version of the Terms shall be original and shall be governed by the substantive laws of Japan.
In the event that all disputes arise or relate to the Service is filed the lawsuit to the competent Court of Japan where the head office of the Company located. Judgment of the competent Court shall be a final solution and enforce strictly.