Terms of service

Terms of Use

These Terms of Use (these “Terms of Use”) apply to all persons (“you” or “User”) to use the services, software and other products (collectively, “Services”) provided by Celebraez Inc. (“we,” “us,” or “our”).

Chapter 1    General Rules

1.  Definitions

The following words and terms shall have the meanings set forth below when they are used in these Terms of Use.

  • 1.1 “Content” means information such as text, sounds, music, images, videos, software, programs, computer code, and other information.
  • 1.2 “Subject Contents” means Contents that may be accessed through the Services.
  • 1.3 “Submission” or “Submit” means the act of, and engaging in, submitting, posting, disclosing, providing or transmitting Contents to or on the Services, either by the User directly or using our features, functions or other tools.
  • 1.4“Submitted Content” means Content that any User has Submitted to the Services.
  • 1.5 “Individual Conditions of Use” means the conditions of use separate from these Terms of Use that pertain to specific Services released or uploaded by us, and which apply to the use of the Services, under names such as “general conditions,” “terms”, “guidelines,” “policies,” or similar descriptions.
  • 1.6 “Charge” means the cost required for using the Services regardless of whether it is called a charge, rate, fee, membership fee or otherwise (including the User’s obligations for which we have been entrusted the collection thereof to a third party).
  • 1.7 “Subscription Services” means services where you can use specific Content or the Services designated by us for a given period of time by paying a fixed fee.

 

2.  Use of the Services

  • 2.1 In order to use the Services, you must agree to these Terms of Use, irrespective of whether Charges are applicable or whether account registration is required.
  • 2.2 Users who are minors may only use the Services by obtaining prior consent from their parents or legal guardians.
  • 2.3 If User will be using the Services on behalf of, or for the purposes of, a business enterprise, then such business enterprise must also agree to these Terms of Use prior to using the Services.
  • 2.4 User shall use the Services under their own responsibility.

 

3.  Restriction on use of the Services

  • 3.1 We may add conditions for use of the Services, such as limiting their use to those who have a registered account, or who are a certain age or older, or who satisfy certain requirements through procedures specified by us, such as identity identification.
  • 3.2 We do not allow use by members of anti-social forces (including those who were members in the past), or by persons so involved, or by persons who abuse the Services, or through their use adversely affects any third party.

 

4.  Account registration information

  • 4.1 When registering an account, you are obligated to (1) register true and accurate information, and (2) make appropriate corrections by yourself to keep that registered information up to date.
  • 4.2 Any User who has registered an account may delete such User’s account at any time.
  • 4.3 Any and all rights of a User to use the Services for which the registration of an account is required shall cease to exist when such User’s account has been deleted for any reason. Please take note that an account cannot be retrieved even if a User has accidentally deleted his/her account.
  • 4.4 An account is for exclusive use and belongs solely to the User of such account. A User may not transfer, lease or otherwise dispose their rights to use the Services for which the registration of an account is required to any third party, nor may the same be inherited or succeeded to by any third party.

 

5.  Provision of Subscription Services

  • 5.1 User may receive Subscription Services under the conditions prescribed by us. In addition to these Terms, User shall abide by the fees for the Subscription Services, the payment method thereof, as well as other Individual Conditions of Use.
  • 5.2 Excluding the cases set out in the Individual Conditions of Use, User may take procedures for the cancellation of Subscription Services at any time; provided, however, that even if a User takes the procedures for cancellation prior to the intended period of use, such User may not change such period of use, nor may such User cancel the purchase of the Subscription Services. In such case, the fees already paid will not be refunded, nor will there be any refund on a pro rata basis. However, the foregoing will not apply if laws or regulations require otherwise.
  • 5.3 If a User does not complete its cancellation procedure by the designated date and time, the period of use of the Subscription Services may be automatically renewed in accordance with the terms prescribed by us even after the end of the period of use of such Subscription Services.

 

6.  Contents

  • 6.1 We grant each User a non-transferable, non-sublicensable, non-exclusive license to use the Subject Contents provided by us, solely for the purpose of using the Services.
  • 6.2 User shall abide by the conditions applicable thereto when using the Subject Contents which are subject to conditions of use, such as additional fees and periods of use and the like. Even if terms such as “Purchase”, “Sales,” and the like appear on the screens for the Services, we shall remain the owner of all intellectual property rights as well as all other rights in the Contents offered to User by us, and such rights shall not be transferred to User. User will only be granted usage rights as set forth above.
  • 6.3 You must not use (including, without limitation, copying, transmitting, reproducing and modifying) the Subject Contents beyond the scope of the intended use of the Subject Contents in the Services.

 

7.  Handling of User’s data and Contents

  • 7.1 We shall not be obligated to back up data and the Submitted Contents stored by you on servers managed by us. You are responsible for backing it up yourself.
  • 7.2 Copyrights in the Submitted Contents belong to you or the copyright holder of such Contents. With respect to Submitted Contents, you shall license (including, without limitation, a sublicensing right) us the right to use (including, without limitation, replication, screening, public transmission, exhibition, distribution, transfer, loan, translation, adaptation and publication) such Submitted Contents free of charge and non-exclusively, with indefinite duration within and outside of Japan, to the extent necessary for providing the Services to you and for purposes incidental or related thereto.
  • 7.3 If we acknowledge that you have violated, or may violate, laws and regulations or these Terms of Use in connection with the Submitted Contents, or when otherwise reasonably required for business, we may restrict the use of the Services, such as by deleting the Submitted Contents, without giving any prior notice to you.
  • 7.4 We may check and confirm the contents of the Submitted Contents by Users to the extent permissible under laws and regulations, when it is necessary for us to confirm compliance with related laws and regulations or the provisions set out in these Terms, etc.; provided, however, that we are not obligated to conduct such confirmation.

 

8.  User's responsibility related to account and password, etc.

When registering authentication information in using the Services, a User must strictly manage such authentication information under its own responsibility so that such information will not be abused. If an operation is performed using the User’s authentication information that was registered (including without limitation cases where the User is authenticated based on a combination of account and password, or based on a comparison of the code uniquely assigned for each mobile phone number sent from a mobile operator and the registered information), we will provide the Services by deeming that such operation is an act by the actual User. If Charges are incurred for the use of the Services or purchase of products as a result of a person other than the registered User performing operations using the User’s authentication information, we will bill such Charges to the User unless there was willful misconduct or negligence on our part.

 

9.  Provision of the Services

  • 9.1 Users shall supply PCs, smartphones and other communication devices, operating systems, and communication methods, etc., necessary for using the Services at their own responsibility and expense.
  • 9.2 We may temporarily suspend providing all or part of the Services in case of the occurrence of any of the following:
    • 9.2.1 when conducting maintenance or repair of systems;
    • 9.2.2 when the Services cannot be provided due to force majeure such as an accident (fire, power outage, etc.), natural disaster, pandemic, war, riot, labor dispute, or similar unforeseeable event;
    • 9.2.3 when there is system failure or heavy load on the system;
    • 9.2.4  when securing the safety of Users or third parties, or in the case of an emergency for the public welfare; or
    • 9.2.5 when we reasonably determine it to be necessary, other than those set forth in each of the preceding items.

 

10.  Warranty of and modification to the Services

  • 10.1  With regard to the contents of the Services, we make no guarantee, whether express or implied, about the nonexistence of problems (including, without limitation, security-related defects, errors and bugs and infringement of rights), or about their security, reliability, accuracy, completeness, effectiveness and suitability for a particular purpose, and uninterrupted availability of the Services. We are not obligated to provide the Services to you upon eliminating such problems.
  • 10.2  We may modify all or a part of the contents of the Services when corresponding to any of the following items:
    • 10.2.1  when modifying the contents of the Services, such as addition of functions to or improvement of the Services, that are for the general benefit of Users; or
    • 10.2.2  in cases other than the preceding item, when it is reasonably necessary to modify the contents of the Services, to conform the contents after such modification, and make such other changes taking into consideration such modification.

 

11.  Prohibition of reuse of the Services, etc.

Unless otherwise prescribed by us, you may not use the Services, or any portion thereof, for any purpose other than the purpose for which they are intended. If you do, we have the right to suspend any such act and charge you an amount equivalent to the value or benefit you received from such act.

 

12.  Matters to be observed in using the Services

The following acts are prohibited when using the Services:

  • 12.1  Any act that is in violation of laws and regulations, court judgments, decisions or orders, or legally binding administrative measures;
  • 12.2  Any act that is contrary to social norms or public policy, fraud or fraud-related activities, any act of infringing upon the copyrights, trademark rights, patent rights or other intellectual property rights, honor rights, privacy rights or other rights granted by law or other contractual rights of us or those of a third party, or any act of adversely affecting others;
  • 12.3  Any act of destroying or obstructing the functions of our server or network, any act of wrongfully operating the Services by using BOT, cheat tools or other technical means, any act of intentionally using a defect of the Services, any act of making unreasonable inquiries or requests to us, such as by repeatedly asking the same question, or any other act that obstructs or impairs the operation of the Services or the use of the Services by other Users;
  • 12.4  Any act of performing reverse engineering, disassembly, or decoding of the source code by any other means for unjustifiable purposes or in a wrongful manner;
  • 12.5  Any act of obstructing the Services, or services provided on our sites or apps;
  • 12.6  Any act of wrongfully collecting, or accumulating information related to third parties such as personal information, registration information and usage history information or providing “sensitive personal information” of a third party to us without obtaining the consent of such third party;
  • 12.7  Any act of converting the right to use the Services or Contents into cash, property or other economic gain in a method other than the method prescribed by us;
  • 12.8  Any act of using the Services for purposes other than as intended by the Services;
  • 12.9  Any act of Using the Services by using another User’s account;
  • 12.10  Any act that leads to the misrepresentation of us and/or a third party or that intentionally spreads false information;
  • 12.11  Any act of acquiring accounts or passwords from others or disclosing or providing accounts or passwords to others, irrespective of the means thereof;
  • 12.12  Any act of wrongfully using a credit card or other electronic payment method to use the Services;
  • 12.13  Any act of offering benefits to antisocial forces directly or indirectly, or any other act of cooperating with antisocial forces;
  • 12.14  Any act of supporting or facilitating any act corresponding to any of the preceding items, or any act to procure the same;
  • 12.5  in addition to each of the preceding items, any act that is reasonably deemed inappropriate by us.

 

13.  No assignment of rights or obligations

You may not assign all or any part of the contractual status of an agreement falling under these Terms of Use, or the rights and obligations arising therefrom, to any third party without our prior written consent.

 

14.  Deletion of Submission, suspension of use of the Services, deletion of account

  • 14.1  In any of the following cases, in order to appropriately operate the Services we provide, we may, without prior notice, take such measures as deleting data or Contents, prohibiting the use of all or any part of the Services, or deleting User’s account. In addition, if you have registered multiple accounts, measures may be taken on all of those accounts:
    • 14.1.1  when you violate any of the matters stipulated by applicable laws and regulations, in these Terms of Use or in the Individual Conditions of Use, or when we reasonably determine that there is a risk of such a violation;
    • 14.1.2  when you impair our credibility and reputation by spreading rumors, using fraudulent means, using force or other wrongful means;
    • 14.1.3  when an account is registered or used by an anti-social force or its members or persons so involved, or when we reasonably determine that there is such a risk;
    • 14.1.4  excluding the cases set out in the Individual Conditions of Use, when you have not used your account or specific Services for 1 year or longer; and
    • 14.1.5  in any other case where we reasonably determine that it is difficult to maintain the contractual relationship between you and us, such as when the relationship of trust with you is lost.
  • 14.2  When the user fails to pay for any of the Services fee or product charges, we reasonably determine that your ability to pay is uncertain such as when our claims held against you are subject to attachment or provisional attachment, or when you receive a petition for commencement of bankruptcy, civil rehabilitation or other similar proceedings, or you independently file the foregoing petitions, in order to appropriately operate the Services, we may, without prior notice, take such measures as suspending the use of our paid services and our payment settlement services or terminating the contract related to the provision of such services. In addition, if you have registered multiple accounts, measures may be taken on all of those accounts.

 

15.  Compensation to us

If we suffer any damage due to your willful misconduct or negligence, you must compensate us immediately for the damages that we suffered when we demand such compensation.

 

16.  Disclaimer

16.1  We shall be exempt from liability, irrespective of the nature thereof, unless it is due to our willful intent or gross negligence.

16.2  Notwithstanding the provisions of the preceding paragraph, if a contract with a User regarding the use of the Services under these Terms of Use falls under a consumer contract as defined under the Consumer Contract Act of Japan, we will be liable for compensation for loss or damage within the range of the loss or damage that would normally occur, up to the maximum of the amount of the Charges for paid Services (equivalent to one month’s fees in the case of Subscription Services), and will not be liable for lost profits or other damages arising due to special circumstances, except for cases arising out of our willful intent or gross negligence.

16.3  If we cause damage to you due to gross negligence on our part, we will not be liable for lost profits or other damages arising due to special circumstances, and may only be liable for compensation for loss or damage within the range of the loss or damage that would normally occur, subject to a limit equal  to the maximum of the amount of the Charges for paid Services (equivalent to one month’s fees in the case of Subscription Services); save for cases where a contract with a User regarding the use of the Services under these Terms of Use falls under a consumer contract as defined under the Consumer Contract Act of Japan.

 

17.  Individual Conditions of Use

For certain Services, Individual Conditions of Use may be prescribed in addition to these Terms of Use. If there is any difference between these Terms of Use and the Individual Conditions of Use, unless otherwise specified, the Individual Conditions of Use shall prevail over these Terms of Use in relation to such Services.

 

18.  Third-party services

The Services may contain services or Contents provided by third parties other than us. Such third parties shall bear any and all responsibility regarding such services and/or Contents. Furthermore, there may be conditions of use provided by such third party which are applicable to such services and Contents.

 

19.  Notification or contact

  • 19.1. Any communication from us to you in relation to the Services will be made by way of posting on the Services or at a proper location in our website or any other method that we deem appropriate.
  • 19.2  If you wish to contact us, please do so according to the method designated by us, such as by using the inquiry form provided by us or by e-mail to the e-mail address specified by us.
  • 19.3. As a general rule, we will respond to inquiries from Users only by using the message function or by e-mail.

 

20.  Revision to these Terms of Use

We may revise these Terms of Use in any of the following cases. In such case, we will make public, by indicating through our Services or our website, or notifying Users according to a method prescribed by us, that these Terms of Use will be revised, as well as the subject matter and effective date of the revised version of these Terms of Use. In the case of Item 20.2 below, we will make the revision public a reasonable period before the effective date of the revision. The revised version of these Terms of Use shall come into effect from the effective date:

  • 20.1  if revising these Terms of Use is for the general benefit of Users; or
  • 20.2  if revision to these Terms of Use is not in breach of the purpose of any contract, and is reasonable in light of the necessity of such revision, appropriateness of the subject matter after revision, and other circumstances concerning the revision.

 

21.  Governing law and jurisdiction

The Japanese version of these Terms of Use shall be the official version, and the effectiveness, validty, and interpretation of these Terms of Use shall be governed by the laws of Japan. Any dispute arising between any User and us attributable or related to the Services shall be subject to the exclusive jurisdiction of Tokyo District Court as the court of first instance.

 

22.  Restriction on application of these Terms of Use

If any provision in these Terms of Use is considered to be contrary to relevant laws and regulations which are applicable to an agreement with a User where such User  is based on these Terms of Use, thensuch provision shall not be applicable to the agreement with such User to the extent contrary. However, even in such instance, the validity of all of the other provisions of these Terms of Use shall be not affected.

 

Chapter 2  Software Regulations (Guidelines)

 

1.  Software

These Guidelines are regulations that apply to the software we provide. In this Chapter, “software” refers to the application programs we provide (including programs such as widgets), application programming interfaces (APIs) for our web Services, developer support tools such as software development kits (SDK) (including Services such as our web Services provided through these), software necessary for using the Services, such as Content viewers, and all other software we provide (including updated versions, modified versions, substitutes and reproductions). Furthermore, “software” also includes that which Users can develop by themselves through the use of the above software. The User is solely responsible for software components developed by the User using such software (hereinafter, “Developed Software”).

 

2.  Usage restrictions

We may, according to Paragraph 2 of “13. Warranty of and Modification to the Services” of Chapter 1 General Rules, restrict the use of software and certain functionalities (e.g., use software to restrict the number of times of access to, and the amount of time to use, the Services). In addition, we may, according to the foregoing Paragraph, provide or terminate support for software and modified versions (including updated versions).

 

3.  Compliance required for software use

The following acts are prohibited in using the software:

  • 3.1  reverse engineering, disassembling, or decoding the source code by any other means for unjustifiable purposes or in a wrongful manner;
  • 3.2  using software to control equipment or the like in such a way that could cause a serious risk to human life, personal safety, or property;
  • 3.3  using by oneself, or causing a third party to use, software or Developed Software for the purpose of receiving compensation;
  • 3.4  selling, renting, or licensing the software without our prior consent expressed either in writing or by some other method specified by us;
  • 3.5  using or misusing the software in excess of a reasonably necessary amount, or using the software in a way that does not comply with the instructions set by us regarding software use; and
  • 3.6  using the software in a manner that is not within the purpose for which the software is provided, or using the software by a method or in a manner that we deem inappropriate.

 

4.  Rights-related matters

All rights related to the software, executable files, and other software belong to us or our affiliates as owners of copyrights to the applicable software.

However, if a User has rights to Developed Software under the Copyright Act of Japan, the above provision regarding rights shall not apply.

 

5.  No warranty

With regard to the software we provide, as stipulated in Chapter 1 General Rules, we make no guarantee, whether express or implied, about the nonexistence of problems (including, without limitation, security-related defects, errors and bugs and infringement of rights), or about its security, reliability, accuracy, completeness, effectiveness and suitability for a particular purpose, and continuity of the provision of software. We are not obligated to provide the software to you upon eliminating such problems.

 

Chapter 3  Regulations Regarding E-Commerce Site “CELEBRAEZ”

 

1.  Scope of Application

This chapter applies to all matters related to the use of the e-commerce site "CELEBRAEZ" (this “Site") operated by us. However, in cases where User uses services provided on websites operated by other companies, even if those sites are linked from this Site, the terms and conditions or other standard terms of such other websites shall apply to User instead of these Terms of Use.

 

2.  Use of the Site

  • 2.1  If there are changes to the information entered at the time of ordering, User may change such information only within the scope permitted by us, following our prescribed procedures. We shall not be liable for any damages or adverse effects incurred by User due to failure to complete our required procedures, including the inability to receive Services.
  • 2.2  User must use our Services in accordance with these Terms and Use, and the notices or instructions displayed on this Site.
  • 2.3  User must use our Services at their own responsibility and expense, and shall not cause any damage or adverse effect to us through any acts related to your use of the Services or the consequences thereof.

 

3.  Fees and Payment Methods

  • 3.1  When using the Services, User shall pay the product purchase price, shipping fees specified by us, any applicable handling fees (if payment is required), and consumption tax (collectively, the "Total Amount") in accordance with the conditions displayed on this Site.
  • 3.2  User may choose one of the payment methods specified by us at the time of product purchase, such as credit card, bank transfer, or other payment methods displayed on this Site, and shall pay the Total Amount accordingly.
  • 3.3  If credit card payment or other electronic payment is selected, User shall comply with the terms of the agreement concluded separately between the user and the credit card company or payment processing agency. We shall not be liable in this regard.
  • 3.4  If we receive a notice from the credit card company or payment processing agency indicating a denial of credit, we may request User to pay the Total Amount using another payment method.
  • 3.5  We may add or change payment methods specified in Section 3.1. In such cases, we shall notify User by displaying the information on this Site.

 

4.  Formation of Sales Contracts

  • 4.1  A sales contract or other agreement based on the Services (a "Sales Contract") shall be formed when we receive the order information from User via this Site and sends a notification confirming the order details and shipping information to the email address specified by User.
  • 4.2  If the order information does not reach us due to system failure or other reasons beyond our control, the order shall not be considered an effective offer, and we shall not be liable for any damages or disadvantages resulting therefrom.
  • 4.3  If User is a minor, we will treat the Sales Contract as having been concluded with the consent of a parent or guardian.

 

5.  Delivery of Products

  • 5.1  User shall specify a delivery address or location using the method prescribed by us at the time of purchase. We shall select the delivery carrier and deliver the product to the specified delivery address.
  • 5.2  Shipping costs incurred for delivery shall be borne by User.
  • 5.3  If User refuses receipt, the delivery address is unknown, or the product is not received within the carrier’s storage period (hereinafter collectively referred to as "Undelivered Products"), we shall be deemed to have fulfilled its delivery obligation. We will store such products with the same level of care as it would for its own property, and User shall bear the increased cost of such storage. In some cases, we may reship the product to the registered address at User’s expense.
  • 5.4  If, after a reasonable period specified by us, User still refuses to receive the product, we may cancel the Sales Contract and claim compensation for any damages incurred.
  • 5.5  Except in the cases set out in Section 5.6, we will endeavor to begin delivery within 10 days after receiving approval from the credit card company or, for other payment methods, within 10 days after sending the confirmation email described in Section 4.1.
  • 5.6  We may not be able to begin delivery within 10 days after payment confirmation in the following cases:
    • 5.6.1  Temporary out-of-stock items
    • 5.6.2  Errors or omissions in the order details
    • 5.6.3  Force majeure, including accidents, natural disasters, war, terrorism, infectious disease outbreaks, or other reasons beyond our control
    • 5.6.4  Delays due to the delivery company
    • 5.6.5 Long holidays such as New Year or Golden Week
  • 5.7  Ownership of the product shall be transferred to User upon receipt by User. For credit card payments, ownership shall be governed by the agreement with the credit card company.
  • 5.8  Unless caused by our willful misconduct or gross negligence, we shall not be liable for any damages or disadvantages resulting from delivery delays.

 

6.  Cancellation by us

  • 6.1  After the formation of the Sales Contract, we may cancel the contract by notifying User if any of the following applies:
    • 6.1.1  The product cannot be delivered due to an unknown address or user absence
    • 6.1.2  The registered information is found to be false
    • 6.1.3  User fails to pay within the specified period
    • 6.1.4  Credit card approval cannot be obtained
    • 6.1.5  No response is received within 14 days to our inquiry regarding payment or delivery
    • 6.1.6  Product delivery becomes impossible due to manufacturer discontinuation or other reasons beyond our control
    • 6.1.7  We reasonably determine that User intends to resell the product
    • 6.1.8  User is found to have violated these Terms of Use

 

7.  User Cancellation and Product Exchange

  • 7.1  After the formation of a Sales Contract, User may not cancel or modify the contract due to any personal reasons, except as specified below.
  • 7.2  Upon receipt of the product, User must promptly check for any damage, deterioration, or defects. If any such issue is found, the user must contact us within 7 days. If the issue is attributable to us, we will replace the product at no cost. If stock is available, the contract cannot be canceled, and only replacement is allowed. If the replacement is not possible, we will cancel the contract and issue a refund.
  • 7.3  If we use a carrier for replacement, User agrees that we may deliver a replacement product directly or request the return of the original product before sending a replacement.
  • 7.4  We will not accept returns or exchanges if the product has been used or damaged due to reasons attributable to User.
  • 7.5  In cases of defective products, User shall have no rights other than replacement or refund, including rights to demand repair, price reduction, or contract cancellation.

 

8.  Disclaimers

  • 8.1  We shall not be liable in the event of force majeure such as natural disasters, in cases where there is no willful misconduct or gross negligence on our part, or in the cases specified below.
  • 8.2  Our delivery obligations shall be deemed fulfilled when the product is delivered to the User-specified address.
  • 8.3  We are exempt from liability when processing administrative tasks in accordance with the User's registered information.
  • 8.4  We shall not be liable for any damages arising from User’s use of the Services.
  • 8.5  If User causes damage to another User or a third party, Such User shall resolve the issue at their own responsibility and expense, and shall not cause any adverse effects to us.
  • 8.6  If identity verification is conducted by us using its prescribed methods and no fault is found, we shall be exempt from liability.
  • 8.7  We shall not be liable for any damages incurred by User or third parties due to inability to use the Services.