Introduction
These terms and conditions govern your use of the “AnyColoring” service (the “Service”) provided by Makoto Miura. Please use the Service upon agreeing to these Terms.
These Terms of Use are a machine translation of the Japanese version for the convenience of the user. In the event of any discrepancy or inconsistency between the English version and the Japanese version, the Japanese version shall prevail.
Article 1 (Definition)
(1) The Service
Services operated by us and related services.
(2) Website
(2) Website on which the Contents of the Service are posted.
(3) Contents
General term for text, sound, still images, video, software programs, code, etc. provided on the Services.
(4) Users
All persons who use the Services.
(5) Personal information
General term for information that can identify individuals, such as address, name, occupation, telephone number, etc.
Article 2 (Agreement to the Terms)
1 Users shall be deemed to have agreed to these Terms of Use at the time they start using the Service, and shall be able to use the Service.
2 When a user downloads the Service to a smartphone or other information terminal and completes the procedures for agreeing to the Terms of Use, a contract for use in accordance with the provisions of the Terms of Use shall be established between the user and us.
3 If the user is a minor, please obtain the consent of a person with parental authority or other legal representative before using this service.
4 If a minor user uses this service by falsely claiming to have consent without the consent of a legal representative, or by falsely claiming to be of age, or by using other fraudulent means to make others believe that he or she is capable of acting, all legal acts related to this service cannot be revoked.
5 If a user who was a minor at the time of agreeing to the Terms uses the Service after reaching the age of majority, the user shall be deemed to have ratified all legal acts related to the Service.
Article 3 (Changes to the Terms)
1 We reserve the right to revise these Terms of Use at any time without the consent of the user, and the user shall agree to such revisions without objection.
2 In the event that we revise the Terms, we will notify the user of the content of the revision in a manner prescribed by us.
3 The revision of the Terms of Use shall take effect at the time we give notice in accordance with the preceding paragraph.
4 Users shall be deemed to have agreed to the revised Terms of Use without objection at the time they use the Service after the revision of the Terms of Use.
Article 4 (Handling of Personal Information, etc.)
Personal information and user information shall be handled properly in accordance with the “AnyColoring Privacy Policy” separately stipulated by us.
Article 5 (Prohibited Acts)
When using the Service, we prohibit the following acts from users (hereinafter referred to as “Users”). In the event that we deem that a User has violated any of the prohibited acts, we may suspend use of the Service or take any other action we deem necessary, and the User shall agree to such action without objection.
(1) Infringement of the intellectual property rights of this company or a third party
(2) Defaming, discriminating, or slandering the reputation or credibility of the Company or a third party.
(3) Actions that infringe or may infringe on the property of the Company or a third party.
(4) Actions that cause economic damage to us or a third party.
(4) Actions that cause economic damage to us or a third party (5) Threatening actions against us or a third party
(5) Acts that threaten us or third parties (6) Acts that specify or induce computer viruses or harmful programs
(7) Actions that place undue stress on the infrastructure facilities for this service.
(8) Attacks on the server, system, or security of this site.
(9) Attempting to access our service using any method other than the interface provided by us.
(9) Attempting to access our service by any means other than the interface we provide (10) Any other actions that we deem inappropriate.
Article 6 (Handling of Contents)
1 Users may use the contents of this service only within the scope specified by us.
2 We own the rights to all the contents provided by this service, and we do not grant users any license to use our patent rights, utility model rights, design rights, trademark rights, copyrights, or other intellectual property rights.
3 Users are prohibited from copying, transmitting, transferring (including buying and selling between users), lending, translating, adapting, reprinting without permission, secondary use, use for commercial purposes, modifying, disassembling, decompiling, reverse engineering, etc. in any way beyond the scope of use specified by us.
4 Users may only use the service, post or upload information through third party platforms, etc., if they own the necessary intellectual property rights, such as copyrights, or have obtained permission from the necessary right holders.
Article 7 (Disclaimer)
1 We shall not be liable for any damages caused by changes in the contents of this service, interruptions, or termination.
2 We will not be involved in, and will not be responsible for, the environment in which users use the Service.
3 We do not guarantee that the Service will be suitable for the specific purpose of the user, that it will have the expected functions, commercial value, accuracy, or usefulness, that the use of the Service by the user will comply with laws and regulations applicable to the user or internal rules of industry organizations, or that defects will not occur. 4.
4 We do not guarantee that the Service is compatible with all information terminals, and users acknowledge in advance that malfunctions may occur in the operation of the Service due to the upgrade of the OS of the information terminal used for the Service. We do not guarantee that such problems will be solved by modifying the programs we provide in the event of such problems.
5 Users agree in advance that the use of all or part of the Service may be restricted due to changes in the terms of use or operational policies of service stores such as AppStore.
6 We shall not be liable for any direct or indirect damages incurred by you as a result of your use of the Service.
7. We shall not be liable for any loss of opportunity, interruption of business, or any other damages (including indirect damages and lost profits) incurred by users or other third parties, even if we have been notified of the possibility of such damages in advance.
8 The provisions of Paragraphs 1 and 2 do not apply if we are intentionally or grossly negligent, or if the contract falls under the category of consumer under the Consumer Contract Act.
9 Even in cases where the preceding paragraph applies, we shall not be liable for any damages caused to the user due to negligence (excluding gross negligence). 9 Even in cases where the preceding paragraph applies, we shall not be liable to compensate for any damages caused to users by acts of negligence (excluding gross negligence) that arise from special circumstances.
10 In the event that we are liable for damages in relation to the use of this service, we shall be liable for compensation up to the amount of usage received from the user in the month in which the relevant damage occurred.
11 We shall not be liable for any disputes or troubles between users and other users. In the event of a dispute between a user and another user, both parties shall be responsible for resolving the dispute and shall not make any claim to us.
12 In the event that a user causes damage to another user or a dispute arises with a third party in relation to the use of this service, the user shall, at his/her own expense and responsibility, compensate for such damage or resolve such dispute, and shall not cause any inconvenience or damage to us.
13. In the event that we receive a claim from a third party for compensation for damages, etc. due to the actions of a user, the user shall resolve the matter at the user’s own expense (attorney’s fees) and responsibility. In the event that we pay compensation for damages to a third party, the user shall pay all costs (including attorney’s fees and lost earnings), including said compensation, to us.
14 In the event that a user causes damage to us in connection with the use of the Service, the user shall compensate us for the damage (including legal fees and attorney’s fees) at the user’s expense and responsibility.
Article 8 (Posting of Advertisements)
Users are deemed to have understood and agreed that the Service may contain advertisements of any kind and that we or our partners may post advertisements of any kind. The form and scope of advertisements on the Service may be changed by us at any time.
Article 9 (Paid Contents)
1 For some parts of the Service, paid contents can be purchased by paying a fee. The amount of paid contents, payment method and other matters shall be determined separately by the Company and displayed on the Service or the Company’s website.
2 The Company may, at its discretion, change the prices of contents that are free or charged in the Service.
3 The use of paid contents shall be permitted only for the registered information of the user.
Article 10 (Termination of Service)
1 We reserve the right to terminate the Service by notifying the User in an appropriate manner.
2 In the event that the Service is terminated, the User agrees without objection that the User will lose all rights to use the Paid Contents and will not be able to use such Paid Contents thereafter.
3 In the event that the Service is terminated regardless of the cause, we shall not be liable for any damages incurred by users or third parties resulting from such termination.
Article 11 (Prohibition of Transfer of Rights)
1 Users shall not transfer all or part of their position under these Terms of Use and their rights or obligations under these Terms of Use to a third party without our prior written consent.
2 We may, at our discretion, transfer all or part of the Service to a third party, in which case all rights of the user pertaining to the Service, including the user’s account to the extent of the transferred rights, shall be transferred to the transferee.
Article 12 (Severability)
Even if any provision of the Terms or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of the Terms and the remainder of the provisions that are determined to be invalid or unenforceable shall continue to be in full force and effect.
Article 13 (Method of Contacting Us)
Users may contact us by using the inquiry form provided in the Service or on the website operated by us, or by any other method specified by us.
Article 14 (Governing Law, Court of Jurisdiction)
1 The validity, interpretation, and performance of this Agreement shall be governed by and construed in accordance with the laws of Japan.
2 The Hamada Summary Court or the Matsue District Court shall have exclusive jurisdiction over any disputes, lawsuits, or any other disputes between Us and Users, etc., depending on the amount of the lawsuit.
July 6, 2021 Effective date
July 14, 2021 Revision