These terms of service (hereafter "this agreement") refer to the usage of the service, website, and related services provided by Masukachi Inc. (hereafter "we," "us"), and determine items with which all users must comply and the relationship of rights and obligations between the user and us. Those wishing to use this service as users must ensure they have read this agreement in full before agreeing to it. Please do not use the service if you do not consent to this agreement.
Article 1 - Application
1. This agreement aims to determine the relationship of rights and obligations between the user (defined in Article 2) and us in relation to the usage of the service (defined in Article 2), and applies to all relations between the user and us regarding the usage of the service.
2. Rules and various agreements related to the service published at any time on our website (defined in Article 2) shall comprise a part of this agreement.
Article 2 - Definitions
The following terms shall hold the following meanings within this agreement.
(1) "IDs" will mean "IDs" as per Article 7 Provision 1.
(2) "External service" will mean a set service provided by an operator other than ourselves, which is used to operate the service.
(3) "External operator" will mean the service provider of an external service.
(4) "External terms of service" will mean an agreement that establishes the relationship of rights between the user and an external operator.
(5) "Intellectual property rights" will mean copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including rights for applying to acquire these rights or register for these rights).
(6) "Our website" will mean the website managed by us, of the domain "masukachi.com
" (including an altered website should the domain or content of our website be changed, regardless of reason).
(7) "Registration information" will mean "registration information" as per Article 7 Provision 2.
(8) "Points" will mean the points issued to the user by us via the service (including paid points).
(9) "The service" will mean the service we provide (including a changed service should the service name or content change, regardless of reason).
(10) "User" will mean an individual who uses or intends to use the service.
(11) "Paid points" will mean points issued to a user via the service in exchange for a usage fee from the user.
(12) "Terms of service" will mean the "terms of service" as per Article 3 Provision 1.
Article 3 - Establishment of Terms of Service
1. With the user's consent to this agreement, a contract regarding use of the service is established between the user and us according to the various stipulations (hereafter "terms of service") of this agreement.
2. Consent to this agreement must come from the individual using the service; consent by another on behalf of the user will not be recognized.
3. Users of the service must be aged 13 or over; users under 13 years of age cannot consent to this agreement.
Article 4 - Use of the Service
1. The user may use the service during the period of validity of the terms of service, as per this agreement, and in a manner established by us.
2. The user will use the service with their own smartphone, tablet, or other device (hereafter "smartphones").
3. The user notes and consents in advance to the items below with regard to usage of this service.
(1) There may be times when the user cannot connect to the network due to the network environment in use, or locational circumstances, and consequently the service may be temporarily unavailable for use.
(2) There will be a separate connection fee when downloading the service or when using the service.
(3) Should the user remove the service from his or her smartphone or change his or her smartphone, that user will no longer be able to use any of the information. However, this does not apply to a user continuing to use the service in a method specified separately by us, such as by moving the service data using the relevant user's IDs.
4. We may publish our advertising or a third party's advertising on the service.
Article 5 - Minors
1. If the user is a minor, he or she must gain a legal representative's prior consent in order to consent to this agreement and use any of the service (including but not limited to purchasing and using paid points).
2. Users under the age of 13 cannot use the service.
3. Should a user have been a minor at the time of consenting to this agreement but have used the service after coming of age, said user will be considered to have ratified all actions relating to usage of the service when still a minor.
Article 6 - Purchase of Paid Points and Handling of Points
1. The service may be used free of charge, but the user may purchase paid points by paying us a usage fee in a manner designated by us.
2. The usage fee price is displayed on the paid points purchase page.
3. Should the user be a minor, the upper limit for amount that may be spent purchasing paid points is as shown below. If at the time of purchase the user entered an incorrect age to purchase paid points exceeding the limit below, we are not obligated to repay or return the excess.
(1) Up to ¥5,000 per month for those under age 16
(2) Up to ¥20,000 per month for those aged between 16 and 19
4. We shall not repay or return any usage fee paid by the user. However, this provision does not apply should we be obligated by law to provide repayment.
5. We are not obligated to issue receipts for any payment settlement of usage fees by the user.
6. The user may not transfer points to different IDs. The user may only use points within the service, within the scope and for the purposes established separately by us.
7. Should we judge the number or content of points acquired by the user to be incorrect in light of the usage circumstances of the service or other circumstances, we can revise this without giving prior notification to the user.
8. The user provides advance consent regarding the loss of validity of all points as of the expiration of the terms of service should the terms of service expire, regardless of the reason. Except when legally obligated to compensate, we hold no responsibility for damages caused to the user from this provision.
Article 7 - Management of User IDs
1. We assign a user a User ID and password (hereafter "IDs") for the service, in order to identify the user.
2. When we assign the IDs, or when necessary, we may request the user to provide us with certain information determined by us (hereafter "registration information") in a manner determined by us. In such a case, the user must provide us with honest, exact, complete information, and should the registration information change, they must notify us of the relevant changed items without delay, in a manner determined by us, and present us with the requested materials.
3. The user is responsible for management and storage of IDs, and may not allow another user, external operator, or other third party to use his or her IDs, nor may the user loan, transfer, change the name, or buy and sell IDs. We may regard all actions carried out under the user's IDs as the actions of the user themselves.
4. The user takes full responsibility for all actions carried out on the service by the user, and the consequences of these actions.
5. Should a dispute or trouble arise from the user showing personal IDs to other users, external operators, or other third parties on the internet or by another method, it is the responsibility of the aforementioned user to settle this at his or her own expense, and we hold no responsibility for this. Any responsibility for damages caused by inadequate management of IDs, mistakes during use of IDs, or use of IDs by another user, external operator, or other third party lies with the user in question, and we hold no responsibility for this.
Article 8 - Data From the Service
1. The user can only use any data related to the service within the service, and within the scope and for purposes determined separately by us (including but not limited to all data occurring from the user's use of the service, such as characters, items, status, game currency, and other data. Hereafter "service data").
2. We can change service data at any time without notifying the user in advance, but we have no responsibility to the user to carry out these changes. We hold no responsibility for damage caused to the user from changes carried out by us as per this article.
Article 9 - Prohibited Actions
1. The user will neither perform any of the actions below, nor allow another user or other third party to perform any of the actions below when using the service.
(1) Actions that infringe upon our, another user's, an external operator's, or other third party's intellectual property rights, rights to usage of one's likeness, privacy rights, reputation, or other rights or benefits (including actions that directly or indirectly bring about this infringement)
(2) Unjustly discriminating against or slandering us, another user, an external operator, or other third party
(3) Obstruction of business (including but not limited to damage to computers), illegal access, other illegal actions, or actions violating public order and morals
(4) Contracting, mediating or inciting illegal acts
(5) Sending obscene information, or information harmful to youths
(6) Soliciting or promoting youths to run away from home, drink alcohol, smoke, or get tattoos, or any other action that will negatively impact on a youth's character or healthy upbringing
(7) Sending violent or grotesque images
(8) Encouraging or promoting suicide or self harm
(9) Encouraging or promoting antisocial behavior
(10) Enticing to adult sites or dating sites (including but not limited to publishing links to such sites)
(11) Sending information related to heterosexual relations
(12) Actions with obscene aims, sending information related to obscenity, child pornography or child abuse, or soliciting sales or purchase of the recording medium of such information
(13) Sending unpleasant content or language to us, another user, external operator, or other third party, such us harassment, obscene language, threatening language, slanderous language, racist language, or vulgar language
(14) Following other users or other third parties, sending large volumes of messages, or otherwise making third parties feel unsafe, confused, or uncomfortable
(15) Obtaining, releasing, falsifying, or disclosing personal information without the consent of the person concerned
(16) Violating law or industry internal regulations to which we or the user belong
(17) Sending information such as computer viruses or other harmful computer programs
(18) Advertising or canvassing chain referrals, pyramid schemes, or other network business or performing related transactions
(19) Advertising or canvassing a business other than the service, or other actions with a commercial purpose
(20) Soliciting to political or religious movements or groups, soliciting to antisocial force movements or groups (meaning gang organizations, gang members, right-wing organizations, antisocial forces, or those otherwise related), contributing to profit by these groups, or otherwise cooperating with them
(21) Receiving multiple IDs or sharing IDs with multiple people
(22) Loaning, exchanging, transferring, changing the name, selling, pawning, offering as collateral, or using another method to dispose of, or allow another user, external operator, or other third party to use IDs, points, or data from this service
(23) Committing identity fraud of us, our staff, other staff related to the service, or other users, external operators, or other third parties, or sending other false information
(24) Committing identity fraud of another user by using another user's IDs
(25) Falsifying information used on the service
(26) Deleting, changing, or falsifying copyright notice or other notices of rights on the service
(27) Acquiring or promoting the acquisition of data on the service through illegal means
(28) Obstructing transmission, intercepting transmission, penetrating the server or network system for the service, or otherwise hindering the server or network system for the service
(29) All actions using bugs or other faults on the service
(30) Developing, producing, selling, distributing, or using technological means not provided by us (including but not limited to illegal tools, illegal apps, cheat tools, and other programs and external tools aiming to misuse the service)
(31) Using the service on a modified smartphone
(32) Sending more data on the service than the data volume specified by us
(33) Actions liable to hinder our management of the service
(34) Actions that cause trouble to us, other users, external operators, or other third parties, or actions that are liable to do so
(35) Making inquiries or demands to us beyond a reasonable level
(36) Any other action we judge to be inappropriate
2. Should any of the provisions above apply to a user's actions on the service, or should we judge it likely that one of the above provisions will apply to a user's actions, we may delete all or part of the information, suspend all or part of the user's use of the service, or cancel the terms of service without prior notice to the user. We hold no responsibility for damage caused to the user from measures carried out by us as per this clause.
Article 10 - Suspension of the Service
1. Should any of the items below apply, we may suspend or stop all or part of the use of the service without prior notice to the user.
(1) Should there be periodic or emergency inspection or maintenance work on the computer systems related to the service
(2) Should computers or communication lines be suspended due to an accident
(3) Should the service be unable to run due to a force majeure such as fire, power outage, or natural disaster
(4) Should trouble occur to an external service, should an external service stop or suspend service provision, or should an external service suspend cooperation with us or change its specifications
(5) Should we otherwise judge it necessary to suspend or stop the service
2. We may terminate provision of the service according to our circumstances. In such a case, we shall provide the user with advance notice.
3. We hold no responsibility towards damage caused to the user from measures carried out by us as per this article.
Article 11 - Responsibility for Equipment
1. It is the user's responsibility to prepare and maintain any computers, software, other devices or communication lines, or other communication environments necessary to receive the service, at the user's expense.
2. Depending on the user's usage environment for the service, it is the user's responsibility take security measures to prevent infection from computer viruses and prevent illegal access and information disclosure, at the user's expense.
3. Even should we store a user's transceived messages or other information on our system for a fixed period, we are not obligated to store this information and may delete the information at any time. We hold no responsibility for damage caused to the user from the deletion of this information.
4. Should the user install software through download from our website or other method onto their computer when commencing use of the service or during use of the service, the user must take sufficient care to ensure that the user's information is not erased or altered, and that their device is not damaged, or does not develops faults. We hold no responsibility for any damage caused to the user from this.
Article 12 - Attribution of Rights
1. All ownership and intellectual property rights concerning our website and the service belong to us or the party said rights are licensed from, and permission for use of the service established in this agreement, except when explicitly stated in this agreement, does not mean transfer or permission for use of intellectual property rights belonging to us or those licensed by us concerning our website and the service. The user may not infringe upon the intellectual property rights belonging to us or those licensed by us for any reason or take any action liable to infringe upon the aforementioned (including but not limited to reverse assembly, reverse compiling, and reverse engineering).
2. We may use (including reproducing, copying, changing, sub-licensing to a third party, and all other uses) any writing, images, videos, or other data posted or otherwise sent by the user on our website or the service, within the scope necessary to provide the service, without compensating the user.
Article 13 - Cancellation
1. Should any of the reasons below apply to the user, we may temporarily suspend the aforementioned user's use of the service, or cancel the user's terms of service without giving prior notice or notification.
(1) Should any provision of this agreement be violated
(2) Should it be established that the registration information was false
(3) Should the service be used, or its use attempted for purposes or in ways that cause harm, or are liable to cause harm, to us, other users, external operators, or other third parties
(4) Should a user not be allowed to cooperate with or receive a service from an external operator due to violating external terms of service, or for another reason
(5) Obstructing the operation of the service, regardless of means
(6) Should a user suspend payment or become insolvent, or should a declaration of bankruptcy procedure commencement, civil rehabilitation procedure commencement, special liquidation commencement, or commencement of similar procedures be made
(7) Should non-payment measures be received for drafts, undertaken promissory notes or checks, or should a disposition to suspend transactions with a clearing house or other such measures be taken against the user
(8) Should there be a seizure, provisional seizure, provisional disposition, foreclosure, or petition for auction
(9) Should a disposition for failure to pay taxes and dues be received
(10) Should a ruling of guardianship commencement, curatorship commencement, or assistance commencement be received
(11) Should the user not use the service for over 6 months, and not reply when contacted by us
(12) Should the user violate this agreement, or should we judge that the user is liable to do so
(13) Should a user have falsified, written erroneously, or omitted all or part of the registration information provided to us
(14) Should the user have been subject to cancellation of terms of service in the past
(15) Should the user be a minor, adult ward, subject to a curatorship, or otherwise under assistance, and have not gained the consent of their legal representative, guardian, curator, or assistant
(16) Should we judge the user to be an antisocial force, to be cooperating or participating in the maintenance, administration, or management of antisocial forces by providing capitol, or other means, or to be interacting with or participating in antisocial forces in any way
(17) Should we otherwise judge it inappropriate to continue the terms of service with the relevant user
2. Should any of the items above apply, the user loses all benefit of time in relation to debt owed, and must immediately pay all debt owed to us.
3. The user may withdraw from the service by deleting the service from their smartphones However, this does not apply to a user continuing to use the service in a method specified separately by us, such as by moving the service data using the relevant user's IDs.
4. Should the user pass away, he or she will have withdrawn from the service at the moment of death.
5. We hold no responsibility for damage caused to the user from actions carried out by us as per this article.
Article 14 - Negation and Exemptions of Guarantee
1. We offer no guarantee over any performance of the service or compatibility with smartphones (including smartphones that meet the recommended system requirements for the service) used by the user. The service is offered in its current form, and we offer no guarantees regarding the service, including that it has no bugs or other defects, is compatible with specific goals, commercially useful, complete, or its continuity.
2. Even if the user receives any information from us, either directly or indirectly, regarding the service, our website, other users of the service, or other items, we offer no guarantees to the user beyond the content stipulated in this agreement.
3. The service cooperates with external services, but we offer no guarantee over such cooperation, and we hold no responsibility if cooperation with an external service is not possible with the service.
4. When the service cooperates with an external service, it is the user's responsibility to comply with the external terms of service at the user's own expense, and we hold no responsibility over the dispute should a dispute arise between the user and an external operator managing the external service in question.
5. It is the user's responsibility to investigate at their own expense whether usage of the service violates any laws or industry internal regulations that apply to the user, and we offer no guarantee that the user's usage of the service conforms to laws or industry internal regulations that apply to the user.
6. It is the user's responsibility to handle and resolve any transactions, communication, or disputes between the user and another user, external operator, or other third party in relation to the service or our website, and we hold no responsibility over such items.
7. We shall not return or repay money paid by the user, regardless of user circumstances.
8. Should the user suffer damage due to losing, forgetting, or forfeiting IDs (including but not limited to loss of IDs through unauthorized use, loss, theft, damage, or other cause related to the smartphones used for the service) we hold no responsibility for the relevant damage, and will not offer any response such as allowing a return to use of the service.
9. Should a bug or other fault appear in the service, we bear no responsibility to repair the bug or fault in question. Moreover, we bear no responsibility to better or improve the service.
11. Should a link to another website be provided on our website, or should a link to our website be provided on another website, we hold no responsibility, no matter the cause, for any website other than our website, nor for the information gained from such websites.
12. We hold no responsibility to pay any compensation for damage caused to the user in relation to the service. Should we be obligated to compensate for damages to the user due to the application of the Consumer Contract Act or another reason, our compensation responsibility will be a maximum of the total sum of the usage fees actually received from the user from 1 month before the time the damage occurred until the date of the incident (should no usage fee have been received in the past 1 month period, ¥1,000 shall be paid).
Article 15 - User's Responsibility for Compensation
1. Should the user violate this agreement or cause damage to us in relation to usage of the service, the user must compensate us for the damages.
2. Should a user receive a claim from another user, external operator, or other third party in relation to the service, or should a dispute between a user and one of these parties occur, the relevant user must immediately notify us of the details, and it is the user's responsibility to handle the claim or dispute at their own expense, and should we so request, said user shall inform us of progress and results.
3. Should we receive a rights infringement or other claim for any other reason from another user, external operator, or other third party in relation to the user's usage of the service, the user must compensate us the full sum we paid to the relevant third party for the relevant claim.
Article 16 - Handling of Personal Information
Article 17 - Period of Validity
The terms of service shall be valid from the date the terms of service are established between the user and us, as per Article 3, and shall continue to be valid until the date we cancel the terms of service as per this agreement, the date the user withdraws from the service as per this agreement, or the date provision for the service terminates, whichever comes soonest.
Article 18 - Changes to This Agreement
1. We may freely change the content of the service.
2. We may change this agreement (including rules and various regulations relating to the service published on our website, and the same henceforth in this provision). We shall notify the user of any changed content should we change this agreement, and once we have given notice about changes, the user shall be regarded as having consented to the changes to this agreement should they use the service or not withdraw within the time period specified by us.
Article 19 - Contact/Notification
Inquiries regarding the service, other contact from the user to us, notifications, and notifications regarding changes to this agreement, or other contact or notification from us to the user, shall be carried out according to method specified by us.
Article 20 - Transfer of This Agreement
1. The user may not transfer, move, set as collateral, or otherwise dispose of the rights or obligations of this agreement or the user's status within the terms of service without our prior written consent.
2. Should we transfer business related to the service to an external operator or other third party (whether work transfer, company division, or any other situation), upon transfer, we may transfer the rights and obligations of this agreement and our status within the terms of service, as well as the user's registration information and other customer information to the transferee concerned. The user consents in advance to this transfer in this provision.
Article 21 - Entire Agreement
This agreement establishes complete consent between us and the user in relation to items included in this agreement, and takes precedent over any previous consent, assertion, or understanding between us and the user in relation to items included in this agreement, whether oral or written.
Article 22 - Possibility of Separation
Should any article or section of this agreement be judged to be invalid or unenforceable due to the Consumer Contract Act or other law, the remaining stipulations and sections of this agreement that are not judged to be invalid or unenforceable will continue to be completely valid, and both us and the user shall hold the relevant invalid or unenforceable article or section to be legal, amend within the scope necessary to make it enforceable, and endeavor to maintain the gist of the relevant invalid or unenforceable article or section, as well as a similar legal and economic effect.
Article 23 - Duration Clause
Article 24 - Governing Law & Jurisdiction of Court
This agreement is governed by Japanese law, and all disputes arising from or related to this agreement shall be under the exclusive jurisdiction of the Tokyo District Court at the first instance.
Article 25 - Superiority of Japanese Expressions
Article 26 - Dispute Resolution
Should we or the user have any doubt in interpretation of this agreement or a provision not established in this agreement, we shall both discuss this in good faith and attempt to resolve the matter swiftly.
【Enacted January 16, 2017】
【Revised March 31, 2017】