These terms and conditions apply to the use of "KYO-U" (hereinafter referred to as the "our service") provided by "Calliope" (hereinafter referred to as the "we"), and apply when using our service. Please read and agree to these Terms of Use before using our service.
Article 1 (Application of Terms and Conditions)
- These terms and conditions have been established by us to specify the various conditions that users must agree to when receiving our service.
- We may establish individual terms, conditions, and other guidelines regarding the use of our service in addition to these terms and conditions for providing our service. In such cases, these individual terms, conditions, and other guidelines shall take precedence over these terms and conditions, and shall apply to the user's use of our service as a part of these terms and conditions.
- If the user uses our service, the user will be deemed to have agreed to these terms and conditions.
- If the user is a minor, the user must obtain the consent of their legal guardian or representative to use our service. We shall consider the use of our service by a minor to have been conducted with the consent of their legal guardian or representative.
- These terms and conditions have been written in Japanese as the official text. In the event of any discrepancies between the translated versions of these terms and conditions and the Japanese version, the Japanese version shall take precedence.
Article 2 (Management of File Information)
The user shall be responsible for appropriately managing any shared links, access rights, access keys, etc. issued through our service. We shall not be liable for any damages arising from the improper management resulting in use by a third party.
Article 3 (Intellectual Property Rights and Contents)
All intellectual property rights, including copyright, pertaining to all materials that constitute our service are owned by us or by third parties who have the rights to such materials. Users don't acquire any rights to such materials, and shall not engage in any activities that may infringe on the rights of the owners without their permission. The permission to use our service granted under these terms and conditions does not imply the permission to use any rights related to our service owned by us or third parties who have such rights.
Article 4 (Copyright)
- The user are only allowed to use and upload information such as text, images, and videos to this service if they have the necessary intellectual property rights such as copyright or have obtained the necessary permissions from the rights holders.
- The copyright of the files uploaded by the user using the service shall be reserved by the user or other existing rights holders.
Article 5 (Change, Addition, or Suspension of Service)
Without prior notice to the user, we may change, add, or discontinue all or part of the content of this service, and the user agrees to this in advance.
Article 6 (Personal Information)
We will handle the personal information obtained through the use of this service by the user appropriately in accordance with our privacy policy.
Article 7 (Prohibited Activities)
- The user is prohibited from engaging in the following activities.
- Activities that impede or may impede the operation of our Service.
- Activities that interfere with or have the potential to interfere with other users' use of our service.
- Activities that infringe on the copyrights or other rights of our service.
- Activities that infringe on the rights or interests (including but not limited to, rights of honor, privacy, and copyright) of us, other users, or third parties.
- Activities that violate public order and morals, laws and regulations, or have a risk of violating them.
- Activities that violate these terms and conditions
- In addition to the above, activities that we consider inappropriate based on the purpose of our service.
- If we determine that a user has engaged in the actions specified in the preceding section, we may take necessary and appropriate measures, including but not limited to suspending all or part of the use of our service, without prior notice to the user. We shall not be liable for any damages or disadvantages incurred by the user as a result of these measures.
Article 8 (Exclusion of Antisocial Forces)
The user shall guarantee the following matters to us.
- You are not a member or affiliated with any organized crime groups, such as a gang or a gang-related company, or similar groups commonly referred to as "antisocial forces".
- That your executives (employees who carry out business, directors, executive officers, or persons equivalent to them) are not members of antisocial forces.
- Not using one's own name to enter into this agreement by allowing the use of one's name by antisocial forces.
- Do not engage in the following activities, either by yourself or through a third party.
- Activities that involve using threatening language or violence against the other party.
- Activities that involve making unjustified demands beyond legal responsibilities.
- Activities that involve using deception or force to hinder the other party's business or damage their reputation.
Article 9 (Disclaimer)
- In the event of a natural disaster, war, terrorist act, riot, labor dispute, epidemic, enactment or revision of laws, government intervention or other force majeure causing the total or partial stoppage, interruption or delay of the Service, we shall not be liable for any damages or disadvantages incurred by the user.
- The user understands that the Service may be completely or partially stopped, interrupted, or delayed due to communication line or computer failure, system maintenance, or other reasons, and we shall not be liable for any damages or disadvantages incurred by the user as a result. We shall also not be liable for any damages or disadvantages incurred by the user due to their usage environment.
- We do not provide any express or implied warranties for the following matters.
- The usefulness, completeness, accuracy, currency, reliability, and fitness for a particular purpose of the content of our service and the information provided through our service.
- That the information provided through our service does not infringe on the rights of third parties.
- That our service will continue to exist in the future.
- Regardless of the reason, we shall not be responsible for restoring any lost, damaged, or altered data or information in whole or in part, and we shall not be liable for any damages or losses incurred by users or third parties as a result of such loss, damage, or alteration.
- We shall not be responsible for any damages and shall not be liable for compensation, regardless of the reason.
Article 10 (Confidentiality)
The user must not disclose or leak to any third parties, nor use for any purpose other than using our service, any information disclosed or made available by us during the use of our service.
Article 11 (Third Party Dispute)
- The user is responsible for resolving any disputes that arise between them and third parties in connection with the use of our service at their own expense and responsibility, and we assumes no responsibility for such disputes.
- If we suffers any damages (including attorney's fees) in relation to the preceding clause, the user shall compensate for such damages.
Article 12 (Prohibition of Transfer of Rights and Obligations)
The user shall not assign, transfer, create a security interest in, or otherwise dispose of any or all of its contractual position, rights, or obligations arising under these terms and conditions without the prior written consent of us.
Article 13 (Severability)
If any provision of these terms and conditions is found to violate any applicable laws and is deemed invalid, such provision shall not apply to the agreement between the user and us, but only to the extent of such violation. In such case, the validity of the other provisions of these terms and conditions shall not be affected.
Article 14 (Change of Terms and Conditions)
If it becomes necessary to modify these terms and conditions, we may do so in accordance with Article 548-4 of the Japanese Civil Code regarding changes to standard contract terms. In the event that we change these terms and conditions, we will specify the effective date and provide notice of the following details on our service prior to the effective date.
- Intention to modify these terms and conditions.
- The content of the revised terms and conditions
- Effective date
Article 15 (Governing Law, Jurisdiction)
- These terms and conditions shall be governed by and construed in accordance with the laws of Japan.
- We and the user agree in advance that "Tokyo District Court" shall be the exclusive jurisdictional court of the first instance for resolving any disputes arising between us and the user in connection with our service.
Effective Date: April 1, 2023