Terms of Use for "DataFig Jujutsu Kaisen" (App)
Article 1: Introduction
- In this Agreement (hereinafter referred to as "the Agreement"), customers (hereinafter referred to as "the Customer") who use the app "DataFig Jujutsu Kaisen" (hereinafter referred to as "the Service") provided by TOMY COMPANY, LTD. (hereinafter referred to as "the Company") and the Company, shall mutually determine the conditions for the use of the Service.
Article 2: Definitions
- In the Agreement, each term shall be used with the following meaning.
- "Free Benefits" refer to electronic benefits that the Customer can obtain and consume for free of charge in the course of using the Service, regardless of their names in the Service.
- "Content" refers to text, voice, music, images, photographs, videos, software, programs, codes included in the Service, and all other information that can be utilized by the Customer as part of the Service.
- "Product" refers to "DataFig Jujutsu Kaisen", which is the collection figure product linked with the Service.
- "Platformer" refers to a third party that operates the transmission service for the Service provided by the Company.
- "Account Information" refers to the ID and password information provided by the Company for the Customer's use of the Service.
- "Transmission Area" refers to Japan, Hong Kong, Singapore, and Taiwan.
Article 3: Consent to the Agreement
- The Customer shall use the Service after providing consent and acceptance to all provisions stipulated in the Agreement.
- If the Customer is a minor, the Customer must obtain a consent from his/her legal representative such as a person with parental rights or a guardian (including consent to the Agreement) and must agree with and accept all provisions stipulated in the Agreement, before the Customer may use the Service. In addition, if a Customer who was a minor at the time of first using the Service uses the Service after reaching the age of an adult, it shall be considered that the Customer ratified the act of using the Service when he/she was a minor.
- As of the date of starting the use of the Service, the Customer is deemed to have given a valid and irrevocable consent to the Agreement.
- The Customer shall represent and warrant that he/she resides in the Transmission Area. In addition, the Customer shall not use the Service outside the Transmission Area.
Article 4: Amendments to the Agreement
- If the Company deems necessary to do so, the Company may amend the Agreement at any time.
- Before amending the Agreement, the Company shall announce the amended Agreement and the effective date thereof, by posting them on the Service’s start page and on the Company’s website. When the customer uses the Service after the said effective date, the Customer is deemed to have given a valid and irrevocable consent to the Agreement after the amendment. If the Customer does not agree to the amendments to the Agreement, the Customer must stop using the Service. In this case, the Company shall not exchange or retrieve any free benefits or content that the Customer has already obtained within the Service.
Article 5: Terms and conditions of, and limitations for, the provision of the Service
- Account information shall be given by the Company when the Customer uses the Service for the first time. Since the granted account information is necessary for the account implementation procedures, etc., the Customer himself/herself must keep a copy thereof.
- Regarding the Service, the Customer must, under his/her own responsibility, strictly manage the account information provided by the Company, so as to prevent the account information provided by the Company from being used in an illegitimate manner. The Company considers all actions performed using the account information to be the Customer’s own actions, regardless of the existence of the Customer's intentional or gross negligence. However, exceptions shall be made for reasons attributable to the Company.
- The Customers may acquire the Content by way of scanning/reading the Product on the Service. However, once the Product is scanned/read on the Service, the Product cannot be scanned/read again. In addition, for information terminals (hereinafter referred to as "Terminals with Operation Verified") that have been verified to have scanned/read the Product through the operation of the Service, the Company posts a list on the Company’s website, etc. As such, the Customer must check the list before using the Service.
- The Customer may, at any time, cease the use of the Service, by deleting the Service from the terminal that he/she uses. Where the Service is re-downloaded in such terminal, new account information will be provided. The Customer is prohibited from viewing the account information that was previously provided to the Customer prior to the deletion of the Service, and the Company shall not re-grant the account information granted before such deletion. Also in this case, the Product that was scanned/read into the Service by the Customer before deleting the Service cannot be scanned/read again after re-downloading the Service.
- If, either, ① the Customer violates the Agreement or it is acknowledged that he/she is likely to violate the same; or ② more than one year has elapsed since the Customer last used the Service, the Company may delete the Customer’s account information at the Company’s discretion without notifying the Customer in advance.
- When the Customer’s account information is deleted for any reason, all his/her right to use the Service shall expire. It shall be noted that once the account information deleted, it cannot be restored.
- Since all account information for the Service belongs exclusively to the Customer, the Customer’s right to use the Service may not be transferred, rented or inherited to a third party.
- On the condition that the Customer regularly completes the "Account Information Transfer Procedure" which is separately provided by the Company, the Customer may transfer his/her account information (including free benefits he/she had at the time of the transfer procedure) from the information terminal where he/she used the Service to the new information terminal.
- For any damage caused by the expiration of account information (including expiration of free benefits, etc.) due to the Customer’s inability to complete the "Account Information Transfer Procedure", the Company shall not assume any responsibility.
- In principle, the Customer may use the Service free of charge. However, the Customer shall bear the cost and expenses of the terminal, device, operation system, internet environment, communication means, communication fees, electricity, etc. necessary for the use of the Service.
- If the Company deems necessary, the Company may change the content of all or part of the Service (including its specifications, rules, designs, audiovisual expressions, effects, parameters, scenarios and all other elements) at any time without notifying the Customer in advance. In addition, the Company may suspend or terminate the provision of all or part of the Service after notifying the Customer a certain period of time in advance.
Article 6: Advertising
- The Company may display or post, on the Service, advertisements of the Company or of a third party.
Article 7: Services of other business operators, etc.
- The Service may include services or content provided by other operators affiliated with the Company, and may include their advertisements. Responsibility for any related service or content rests with the operator providing such service. In addition, related services or content may be subject to conditions other than the terms of use set by their service provider (including platformers).
Article 8: Terms of use of the Service
- In accordance with the conditions stipulated in the Agreement, the Company shall grant the Customer the right to use the Service, where transfer or re-licensing of the Service is not allowed and the Service is non-exclusive.
- The Customer shall not use (including acts of duplication, transmission, reproduction, alteration) data related to the Service beyond the set usage limit for the Service.
Article 9: Intellectual property rights
- For all content (copyrighted works, portraits, characters and all other information) of the Service, the relevant intellectual property rights such as copyrights, usage rights, and other rights are owned by the Company or its licensors. Care shall be taken not to use the Service beyond the range permitted for the Service and the range permitted under the Copyright Act.
Article 10: Prohibited matters
- When using the Service, the Customer shall not engage in any of the following acts.
- Any acts that violate or are likely to violate the Agreement.
- Any acts that infringe upon, or are likely to infringe upon, intellectual property rights such as copyrights and trademarks, as well as property, privacy, portrait rights, and other rights of the Company or of a third party.
- Any acts that unjustly discriminate against or slander the Company or a
third party, promote unjust discrimination against a third party, or damage the reputation or credibility of the Company or a third party.
- Any acts that claim oneself to be another person, pretend to have the rights of representation or agency despite having none, or pretend to be in an affiliation or cooperative relationship with another person or organization.
- Any acts that are or likely to be related to crimes such as fraud, abuse of controlled substances, prostitution, illegal trade of deposit/saving accounts and cellphones.
- Any acts of posting or displaying posting information that is obscene or is classified as child pornography or child abuse or; any acts of selling media containing such information or; any acts of posting or displaying advertisements reminding the transmission, display or sale thereof.
- Any acts of using the Service for the purpose of sexual acts, obscene acts, etc.
- Any acts of using the Service for the purpose of meeting with an unacquainted person of the opposite gender, etc.
- Any acts of participating in illegal gambling, or of soliciting participation in illegal gambling.
- Any acts of contracting, brokering or enticing illegal acts (including transfer of handguns, manufacture of explosives, provision of child pornography, forgery of official documents, murder and threats).
- Any acts of enticing or soliciting a person to commit suicide or; any other acts such as introducing suicidal measures with a high risk of death.
- Any acts of establishing or recommending a multi-level marketing method (a pyramid marketing method).
- Any acts of duplicating, lending, reproducing, redistributing, collateralizing, etc. of the Service and information on the Service, without a prior written consent of the Company.
- Any acts of re-licensing the use of the Service to a third party.
- Any acts of manufacturing and providing products, services or derivative products that are similar to the Service, based on the Service.
- Any acts of trading the content and free benefits in the Service in real currency (including electronic currencies, etc. that are equivalent to currencies).
- Any acts of using the Service for profit.
- Any acts of providing false information or using it for illegal purposes.
- Any acts of illegally correcting or deleting information accumulated in the Company’s facilities.
- Any acts of transmitting or posting harmful computer programs such as viruses.
- Any acts of placing a burden on the server of the Company or of a third party or; any acts that interfere with, or are likely to interfere with, the operation, network or system of the Service.
- Any acts of modifying, changing, altering, reverse engineering, decompiling, disassembling the Service, etc.
- Any acts of intentionally exploiting problems or security weaknesses of the Service.
- Any acts of using the Service without the consent of a guardian or of a person with parental rights [if the customer is a minor].
- Any act of intending to promote the said act, while knowing that the act falls under any of the preceding paragraphs.
- Any acts that the Company deems to violate or threaten to violate laws, public order and morals.
- Any other acts that the Company deems inappropriate, such as an act that causes inconvenience to other customers.
Article 11: The Customer’s responsibilities
- The Customer shall use the Service at his/her own risk, and shall be responsible for all acts he/she performed in relation to the Service and the results thereof.
- If the Company acknowledges that the Customer has violated the Agreement, the Company shall take actions as it deems necessary and appropriate. However, the Company shall not be obliged to prevent or correct related violations, except when required by law.
- If the Company has suffered any damage, directly or indirectly (including the cost incurred to the Company’s employees to solve problems arising from the use of the Service by the Customer, damage to the Company’s reputation and brand, and the attorney’s fees incurred), due to the use of the Service by the customer (including cases where the Company has received a claim from a third party due to the said use), the Customer shall promptly indemnify such damage upon the Company’s claim.
Article 12: Indemnification of the Company
- The Company shall not warrant, either expressly or impliedly, that the Service is free from legal or actual defects (these defects include those regarding: safety, reliability, accuracy, completeness, effectiveness, suitability for a specific purpose, security, etc., integrity of information such as content, free benefits and account information, operability, suitability for environment and terminal, errors or bugs, infringement of rights). In addition, for the avoidance of doubt, the Company shall not guarantee the operation of the Service performed on a terminal other than a terminal for which operation has been confirmed. In addition, the Company shall not be obliged to provide the Service to the Customer by eliminating related defects or to provide the Service permanently to the Customer.
- The Company shall not take any responsibility for any damage caused to the Customer due to the Service.
- If any contract between the Company and the Customer regarding the Service (including this Agreement) becomes a consumer contract as stipulated in the Consumer Contract Act, the provisions of the preceding paragraph shall not apply. However, in this case, the Company shall assume no responsibility for any damages (includes damages that, either the Company or the Customer, or both the Company and the Customer, foresaw or could have foreseen the occurrence thereof) caused by special circumstances among damages caused to the Customers by default or illegal acts due to the Company’s negligence (excluding gross negligence).
- In the event that a hidden defect has been found in the Service provided by the Company, liability for damages incurred to the Customer based on the said defect shall be exempted through the provision of the Service without defects in lieu of the Service with the defect.
- The Platformer shall not be liable for any litigation (including, but not limited to: ① product liability litigation; ② Litigation claiming that the Service does not conform to the Customer’s expectations or legal/regulatory requirements; ③ Litigation based on the Consumer Contract Act or equivalent laws; ④ Litigation initiated by the Customer or third parties claiming that the Service or the Customer’s use of the Service infringes upon the intellectual property rights of the Customer or the third party) initiated by the Customer or any third party regarding the Customer’s use of the Service.
- The Customer shall agree that the Platformer has no obligation to provide any maintenance or support services for the Service.
Article 13: Contact methods
- Regarding the Service, the Company shall contact the Customer through one of the following methods.
① Posting in a place that the Company deems appropriate in relation to the Service
② Posting on the website operated by the Company, or posting anywhere that the Company deems appropriate on the official website regarding the Service
③ Other methods that the Company deems appropriate
- Regarding the Service, the Customer shall contact the Company by completing and sending the inquiry form posted on the website operated by the Company, or by a method designated by the Company.
Article 14: Severability
- If any provision of the Agreement or any part thereof is deemed invalid, the validity of the remaining provisions shall not be affected. In this case, the said provision deemed invalid will be replaced by a valid provision that can achieve, to the extent possible, the originally intended economic purpose, and the customer shall agree to this in advance.
Article 15: Language, governing law, and jurisdiction
- The Agreement shall be governed by Japanese Law. For disputes arising between the Customer and the Company due to or in relation to the Agreement or the Service, the Tokyo District Court shall be the exclusive jurisdictional court of first instance.
Effective date: