These Terms of Service (these "Terms") apply to the use of "TATIBO" (the "Service") provided by LittleBlend Co., Ltd. (the "Company"). Please read these Terms carefully and use the Service only after agreeing to them.
Article 1 (Application of These Terms)
- These Terms set forth the terms and conditions under which persons who use the Service ("Users") receive the Service provided by the Company.
- In connection with the provision of the Service, the Company may establish, in addition to these Terms, separate terms and other guidelines concerning the use of the Service. In such case, those separate terms and other guidelines shall form part of these Terms and shall prevail with respect to the User's use of the Service.
- By using the Service, a User shall be deemed to have agreed to these Terms.
- If a User is a minor, the User must obtain the consent of a legal representative, such as a parent or other person with parental authority, to use the Service. The Company shall deem any use of the Service by a minor User to have been made with the consent of such legal representative.
Article 2 (Registration)
- A User may register for the Service by providing the required information in the manner prescribed by the Company.
- Users must provide the Company with accurate and up-to-date registration information.
- If any registered information changes, the User shall promptly notify the Company of the change.
- The Company shall not be liable for any damage or disadvantage suffered by a User as a result of the registered information being inaccurate or false, or of the User's failure to notify the Company of any change.
Article 3 (Management of IDs and Passwords)
- Upon completion of a User's registration, the Company shall issue an ID and password to the User.
- Users shall manage and keep their ID and password securely and shall not allow any third party to use them, whether by lending, transfer, sale or any other means. The Company shall not be liable for any damage or disadvantage suffered by a User as a result of inadequate management of the User's ID or password.
- If a User loses or forgets their ID or password, or becomes aware that either is being used by a third party, the User shall immediately notify the Company.
- The Company shall deem any and all use of the Service under the ID and password issued to a User to be the acts of that User, regardless of whether such use was actually made by the User, and the User shall bear all responsibility for the consequences of such acts.
Article 4 (Purchase or Use of Products, etc.)
- A User who wishes to purchase or use any products, digital content or services provided through the Service ("Products, etc.") shall apply for such purchase or use in the manner designated by the Company.
- A contract for the purchase or use of the relevant Products, etc. shall be formed between the User and the Company when the User, having reviewed the information entered and the details of the application under the preceding paragraph, clicks the button to confirm the application and the Company receives the application.
- Notwithstanding the provisions of this Article, if a User violates these Terms in connection with the use of the Service, the Company may cancel the sales contract, claim damages or take any other measures the Company deems appropriate. Except in the case of willful misconduct or gross negligence on the part of the Company, the Company shall bear no liability whatsoever for any damage or disadvantage suffered by the User as a result of such measures.
Article 5 (Payment)
- Users shall pay the price of the Products, etc. displayed during the purchase procedure for the Products, etc. under the preceding Article.
- The price of the Products, etc. shall be paid by the method indicated during the purchase procedure or by any other payment method separately approved by the Company.
- In the case of payment by credit card, the User shall comply with the terms separately agreed between the User and the credit card company. If any dispute arises between the User and the credit card company in connection with the use of the credit card, the User shall resolve such dispute at the User's own responsibility and expense.
Article 6 (Returns and Exchanges of Products, etc.)
- Returns and exchanges of Products, etc. in connection with the Service are not accepted except in the following cases:
(1) Where the Products, etc. have a defect attributable to the Company and cannot be used properly
In such case, the User shall notify the Company of the defect, in the manner designated by the Company, within eight (8) days after the date on which the User became aware of it.
(2) Other cases separately determined by the Company
In this case, returns and exchanges shall be handled by the method indicated on the Company's website or otherwise. - Purchases made by minor Users are likewise deemed to have been made with the consent of a legal representative, such as a parent or other person with parental authority; accordingly, returns and exchanges of Products, etc. are not accepted on that basis.
Article 7 (Disclaimer Regarding Products, etc.)
- Except in the case of willful misconduct or gross negligence on the part of the Company, the Company's liability for the quality, functionality, performance or compatibility with other goods of, or any other defect in, the Products, etc. sold through the Service shall be limited to that set forth in the preceding Article.
- The Company makes no warranty whatsoever, including as to legality, usefulness, completeness, accuracy, timeliness, reliability or fitness for a particular purpose, with respect to any content displayed on the Service's website, any photos or comments regarding Products, etc. posted by Users, or any comments posted on Twitter, Instagram or other social media services.
Article 8 (Subscriptions)
- Subscription plans are billed monthly. Charges are made on a recurring basis in advance of each subscription period.
- Unless the User or the Company cancels the subscription by the end of the current subscription period, the subscription shall automatically renew on the same terms at the end of each subscription period.
- If a subscription charge is not paid for any reason, the Company may immediately suspend the provision of the Service to the relevant User.
- The Company may revise subscription fees and other fees at any time at its discretion. Any revision of subscription fees shall take effect upon the renewal of the next subscription period.
- Before changing subscription fees, the Company shall send Users advance notice so that they have an opportunity to decide whether to continue their subscription.
- A User who continues to use the Service after a change in subscription fees shall be deemed to have agreed to such change.
- Except as required by law, subscription fees already paid are non-refundable.
Article 9 (Free Trials)
- The Company may, at its discretion, offer a free trial of a subscription for a limited period.
- If a User does not cancel the subscription before the free trial period ends, the applicable subscription fee shall be charged automatically.
- The Company may change the terms of any free trial or discontinue offering it at any time.
Article 10 (Intellectual Property Rights and Content)
- All intellectual property rights, including copyrights, and all other rights in and to all materials comprising the Service belong to the Company or to the third parties holding such rights. Users shall not acquire any rights whatsoever in any materials of the Service and shall not, without the permission of the relevant rights holder, engage in any act that infringes the rights in such materials. The permission to use the Service granted under these Terms does not constitute a license of any rights of the Company or of any third party holding rights relating to the Service.
Article 11 (User Posts)
- Users shall use the Service with the full understanding that information such as writings, reviews and comments made by Users within the Service, and any images, illustrations and other content that Users publish, upload or make viewable ("User Content"), may be accessed and viewed by an unspecified large number of users of the Service. The User who posted any User Content shall bear full responsibility for it.
- Users may not post any of the following:
(1) Anything that is untrue
(2) Anything that contains obscene expressions or obscene images, such as nudity
(3) Anything that damages the reputation or credibility of others
(4) Anything that infringes the privacy rights, portrait rights, copyrights or other rights of any third party
(5) Anything that contains computer viruses
(6) Links or URLs to websites other than those approved by the Company
(7) Anything else that the Company deems inappropriate - Users grant the Company permission to use User Content free of charge. In granting such permission, each User represents and warrants the following:
(1) That the User is the legitimate holder of the copyrights, neighboring rights, portrait rights and all other rights in the User Content, or has obtained from the legitimate rights holder all permissions necessary for the use of the User Content in connection with the Service; and
(2) That the posting of the User Content and its use by the Company do not infringe the copyrights, neighboring rights, portrait rights or any other rights of any third party. - The Company may monitor the content of User Content for the purpose of enabling Users to use the Service safely.
- If any User Content violates these Terms or falls under any of the following, the Company may delete the User Content and restrict the User's posting without prior notice to the User:
(1) Where a certain period of time or more has elapsed since the User Content was posted
(2) Where deemed necessary for the maintenance and management of the Service
(3) Where the volume of User Content, etc. exceeds, or is likely to exceed, the prescribed capacity of the equipment used by the Company - The Company shall have no obligation to explain to Users the reasons for any deletion or posting restriction under the preceding paragraph, and shall not be liable for any damage or disadvantage incurred by a User as a result of such deletion or restriction. The Company shall have no obligation to delete any User Content.
- Users agree in advance to the monitoring and deletion of User Content and the restriction of posting under this Article.
Article 12 (Announcements to Users)
- The Company shall, on a regular or irregular basis, send Users email newsletters and post notices within the Service regarding the latest information on, and recommendations for, the services provided by the Company.
Article 13 (Modification, Addition and Suspension of the Service)
- The Company may modify, add to or suspend all or part of the Service without prior notice to Users, and Users consent to this in advance.
Article 14 (Personal Information)
- The Company shall handle Personal Information obtained through Users' use of the Service appropriately in accordance with the Company's Privacy Policy.
Article 15 (Prohibited Acts)
- Users shall not engage in any of the following acts:
(1) Any act that interferes with, or is likely to interfere with, the operation of the Service
(2) Any act that interferes with other Users' use of the Service
(3) Any act that infringes copyrights or other rights relating to the Service
(4) Any act that infringes the rights or interests (including, but not limited to, rights to reputation, privacy rights and copyrights) of the Company, other Users or any third party
(5) Any act that violates, or is likely to violate, public order and morals or any laws or regulations
(6) Any act that violates these Terms
(7) In addition to the foregoing, any act that the Company deems inappropriate in light of the purpose of the Service - If the Company determines that a User has engaged in any act set forth in the preceding paragraph, the Company may, without prior notice to the User, suspend the User's use of all or part of the Service or take any other measures the Company deems necessary and appropriate. The Company shall bear no liability whatsoever for any damage or disadvantage incurred by the User as a result of any measures taken under this paragraph.
Article 16 (Exclusion of Antisocial Forces)
- Each User covenants to the Company as follows:
(1) That the User is not an organized crime group (boryokudan), a company affiliated with an organized crime group, a corporate racketeer (sokaiya) or any person equivalent thereto, or a member of any of the foregoing (collectively, "Antisocial Forces");
(2) That none of the User's officers (meaning members who execute business, directors, executive officers or persons equivalent thereto) is an Antisocial Force;
(3) That the User is not entering into the agreement under these Terms by allowing any Antisocial Force to use the User's name; and
(4) That the User shall not, whether directly or through a third party, engage in any of the following acts:
(i) Threatening statements or conduct, or the use of violence, against the other party
(ii) Unreasonable demands exceeding legal liability
(iii) Interfering with the other party's business or damaging its credibility by fraudulent means or by force
Article 17 (Disclaimers)
- The Company shall bear no liability whatsoever for any damage or disadvantage incurred by Users if all or part of the Service is suspended, interrupted or delayed due to natural disasters, war, acts of terrorism, riots, labor disputes, epidemics, the enactment, amendment or repeal of laws and regulations, intervention by government authorities or any other force majeure event.
- Users acknowledge that all or part of the Service may be suspended, interrupted or delayed due to failures of communication lines or computers, system maintenance or other causes, and the Company shall bear no liability whatsoever for any damage or disadvantage incurred by Users as a result. Furthermore, the Company shall bear no liability whatsoever for any damage or disadvantage arising from a User's usage environment.
- The Company makes no warranty, whether express or implied, regarding the following matters:
(1) The usefulness, completeness, accuracy, timeliness, reliability or fitness for a particular purpose of the content of the Service or the information provided through the Service;
(2) That the information provided through the Service does not infringe the rights of any third party; and
(3) That the Service will continue to exist in the future. - The Company shall have no obligation to restore any data, etc. if all or part of such data is lost, damaged or altered for any reason whatsoever, and shall bear no liability whatsoever for any damage, etc. incurred by Users or third parties as a result of such loss, damage or alteration.
- If the Company is liable to a User in connection with the User's use of the Service, the Company's liability for damages shall not exceed the price of the relevant Products, etc., and the Company shall not be liable for any incidental, indirect, special or future damages or for lost profits.
Article 18 (Confidentiality)
- Users shall not disclose or leak to any third party any information disclosed to them by the Company or otherwise learned by them in the course of using the Service, and shall not use such information for any purpose other than the use of the Service.
Article 19 (Notices from the Company)
- Notices from the Company to Users shall be given by sending an email to the email address registered by the User, by posting on a website relating to the Service, or by any other method the Company deems appropriate.
- Where the Company gives notice by email to the email address referred to in the preceding paragraph, such notice shall be deemed to have reached the User at the time it is recorded on the mail server for that email address.
- If the email address referred to in paragraph 1 changes, the User shall promptly notify the Company. Any notice sent by the Company to the previous email address before the Company receives notice of such change under this paragraph shall be deemed to have reached the User at the time it was sent.
- The Company shall bear no liability whatsoever for any damage or disadvantage incurred by a User as a result of the User's failure to give the notice set forth in the preceding paragraph.
Article 20 (Disputes with Third Parties)
- Any dispute arising between a User and a third party in connection with the Service shall be resolved by the User at the User's own expense and responsibility, and the Company shall bear no liability whatsoever in connection therewith.
- If the Company incurs any damage (including attorneys' fees) in connection with a dispute referred to in the preceding paragraph, the User shall compensate the Company for such damage.
Article 21 (Prohibition of Assignment)
- Users may not assign, transfer, pledge as security or otherwise dispose of to any third party all or any part of their contractual position under these Terms or any rights or obligations arising therefrom without the Company's prior written consent.
Article 22 (Severability)
- If any provision of these Terms is held invalid because it violates laws or regulations applicable to the agreement with a User under these Terms, such provision shall not apply to the agreement with that User to the extent of such violation. In such case, the validity of the remaining provisions of these Terms shall not be affected.
Article 23 (Amendment of These Terms)
- If it becomes necessary to amend these Terms, the Company may amend these Terms in accordance with Article 548-4 of the Civil Code of Japan (Amendment of Standard Terms). When amending these Terms, the Company shall set an effective date and, by that effective date, give notice of the following matters by email or other means:
(1) That these Terms will be amended
(2) The content of these Terms as amended
(3) The effective date
Article 24 (Governing Law and Jurisdiction)
- These Terms shall be governed by and construed in accordance with the laws of Japan.
- The Company and Users agree in advance that the Yokohama District Court shall have exclusive jurisdiction as the court of first instance for the resolution of any dispute arising between the Company and a User in connection with the Service.
