CyberStep Terms of Service

Article 1 Scope of Application of this Agreement

(1)This “CyberStep Terms of Service” (hereinafter referred to as “Terms of Service”) sets forth the terms and conditions to be observed when using the online service (hereinafter referred to as the “Service”) developed by CyberStep, Inc. (hereinafter referred to as the “Company”) and operated and provided on the Company’s website (hereinafter referred to as the “Site”). All users are required to agree to the following terms and conditions before using the service.

 

(2)If you are a minor or other person of limited capacity, you must obtain the consent of a parent, guardian, or other legal representative before agreeing to these Terms. By agreeing to this Terms of Service, you are deemed to have obtained the consent of your legal representative in advance.

 

(3)The rules, guidelines, and various agreements and notices issued by the Company from time to time (regardless of the actual name or method of issuance (posting on the Site or other websites of the Company, e-mail, etc.), these are hereinafter referred to as the “Individual Terms”) set forth separately by the Company to the User in relation to the Service shall be governed by the laws of Japan. The individual terms and conditions and these terms and conditions (hereinafter referred to as the “individual terms and conditions”) are an integral part of these terms and conditions. In the event that there is a difference in content between the Individual Terms and these Terms, the content of the Individual Terms shall take precedence over the content of these Terms. However, if there are separate provisions in the individual terms, you shall follow these.

 

(4)The Company may from time to time communicate information about the Service to the User by posting it on the Site, sending e-mails, or any other method the Company chooses, and the User shall agree to this in advance.

 

(5)The Company shall provide the Company’s Service to which this Agreement applies and information about it in Japanese.

Article 2 Changes to this Agreement

(1)The Company may revise this Agreement at any time without prior notice to the User.

 

(2)The Company will post the latest version of the Terms of Service on the Ste at any time for the User to refer to.

 

(3)The Company shall post the latest version of this Agreement on the Site from time to time for the User’s reference. The User shall visit the Site from time to time to check the revised contents of this Agreement. The Company shall not be held liable for any damages incurred by the User due to not confirming the revised contents of this Agreement.

Article 3 Definition of Terms

(1)In this Agreement, in addition to the terms defined above, the following terms shall have the meanings set forth below.

 

 

・”User” means a user who agrees to this Agreement, registers as a user with the Company, and uses the Service after obtaining the right to use the Service.

・The term “Account” refers to the information that can identify the user who holds the Account, including the Account ID, password, game data, etc., as defined below in the next section.

・”Account ID” refers to the ID granted to the user by the Company.

・”Password” refers to the password consisting of a combination of letters and numbers given to the User by the Company.

Article 4 User Registration

(1)A person who wishes to become a User shall agree to these Terms of Service, apply in accordance with the method prescribed by the Company, and register with the Company as a User.

 

(2)The user may not change the Account ID granted by the Company but may only change it if the Company accepts the application for change and reissues it.

 

(3)The user may use the Account ID and Password granted by the user registration as they are on the social networking service (SNS) provided by the Company free of charge for the purpose of user interaction with this service.

 

(4)The rights and qualifications of the user shall be exclusive to the person registered as a user. In no event shall such rights and qualifications be shared with a third party, or be transferred, loaned, or succeeded to a third party, whether for compensation or free of charge, or be offered as collateral of any kind.

 

(5)If the Company determines that it is difficult to properly operate the Service due to lack of equipment, occurrence of a fault, or other reasons, the Company may restrict the use of the Service to the User until the said reasons are resolved.

Article 5 Paid Services

(1)If the Service includes paid services, the terms and conditions (Terms of Paid Services) governing fees and payment methods will be posted separately on the Site. In addition to agreeing to the Terms, you may use the applicable paid services after agreeing to the Terms of Paid Services.

 

Article 6 Restrictions on Use of the Service

In the event of any of the following events, the Company may, at its discretion, immediately restrict the use of the Service by the relevant user. The method and content of the restriction may also be determined at the Company’s discretion.

 


(1)If the User has violated, or is likely to violate, this Agreement.


(2)When a User’s Password is leaked to a third party and the third party uses the Service illegally, or when a third party uses other services of the Company illegally.


(3)If the Company deems that the User’s actions are harmful to the Company’s business (including the Service).


(4)If the Company restricts the use of the Service in accordance with the preceding paragraph for a User who has acquired multiple accounts, the Company may restrict all accounts held by the User in the same manner.


(5)If a User is registered for the purpose of impersonating the Company or a third party, or there is a risk of such impersonation.

Article 7 Suspension of Use of the Service and Cancellation of Agreement to these Terms

(1)If a User who has been restricted from using the Service in accordance with the preceding Article does not correct or resolve the reason for the restriction by the relevant deadline despite a notice from the Company setting a reasonable time limit, the Company may notify the User in a manner prescribed by the Company, cancel the User registration, and suspend the use of the Service by the User. The Company shall not be liable for any loss or damage arising from the use of the Service.

 

(2)If the Company judges that the reason for the restriction of the use of the Service in the preceding article is malicious or extremely damaging, the Company may, regardless of the preceding paragraph, cancel the user registration and suspend the use of the Service by the User without prior notice to the User concerned.

 

(3)The Company shall not be liable for any damages incurred by the User as a result of the restriction of the use of the Service based on the preceding article, the cancellation of User registration based on this article, or the suspension of the use of the Service.

Article 8 User's Own Responsibility

(1)Users shall use the Service and perform all actions related to the Service in accordance with their own qualifications and legal responsibilities. Users shall bear all responsibility for the consequences of their own actions (including, but not limited to, violations of this Agreement), and shall bear compensation for any damages incurred as a result of their actions (including, but not limited to, attorney’s fees). The Company shall be exempted from all responsibility for the User’s actions.

 

(2)If a User causes damage to the Company or a third party, including other Users, through the use of the Service, the User shall compensate for such damage at the User’s own responsibility and expense.

 

(3)If any third party makes any claim or inquiry to the User, the Company, or any other third party due to the User’s use of the Service or any act related to the Service, the User shall handle and resolve such claim or inquiry at the User’s own responsibility and expense and shall not cause any inconvenience to any other party (including the Company) other than the User. 

 

(4)The User shall use the Service solely at his/her own risk and shall use the information obtained through the use of the Service at his/her own discretion and responsibility. The User shall take full responsibility for any consequences arising from the use of such information and shall bear any damages and costs incurred.

 

(5)Users shall prepare and implement, at their own responsibility and expense, electronic equipment and software for use of the Service, conclusion of telephone use contracts, and subscription to Internet service providers.

 

(6)Users shall be responsible for the management of their own Password, and even if the Service is used by a third party using the Password without the user’s permission or knowledge, the user shall be responsible for the use of the Service by the third party.

 

(7)If a User discovers a violation of this Agreement by another User, the User shall promptly report it to the Company.

 

(8)In the event of any change in the information registered for the Service, the User shall promptly change the registered information in accordance with the procedures set forth by the Company.

Article 9 Personal Information

(1)The Company’s Privacy Policy shall apply to the personal information entered by the User when registering for the Service. The Company’s Privacy Policy will be posted on the Website.

 

(2)The Company may keep a record of the access log, including the IP address of the user who used the Service and the date and time of use. The Company may disclose the access log records only when requested to do so based on an investigation, judicial decision, or other legal procedure, or when inquired by a public institution such as a bar association based on legitimate reasons.

Article 10 User's Uploaded Information

(1)If a User uploads, provides, or discloses any message, information, or data when using this Service (hereinafter referred to as “Uploaded Information”), the User shall make sure that the Uploaded Information does not infringe on any rights, including intellectual property rights, of the Company or any third party. The Company shall not be liable for any loss or damage arising from the use of the Uploaded Information. 


(2)The Company may view the User’s Uploaded Information at any time in order to manage the Service.


(3)In any of the following cases, the Company may modify or delete the Uploaded Information promptly at the Company’s discretion without prior notice to the User concerned. However, the Company has no obligation to monitor the uploaded information and has no responsibility to correct or delete it. The Company shall be exempt from all liability.


(a)If the uploaded information exceeds the limit (period, amount, etc.) separately set by the Company.


(b)The Uploaded Information infringes the rights of the Company or any third party, or the Company finds that there is a possibility of such infringement.


(c)The Company finds that the Uploaded Information is offensive to public order and morals or defamatory to a specific individual or group.


(d)If the Company deems it necessary for the operation or maintenance of this service.


(4)If the Company incurs costs or damages as a result of the User’s uploaded information, the User shall, upon request by the Company, bear the costs incurred and compensate the Company for the damages.

Article 11 Non-warranty

(1)The Company shall not make any warranty regarding the following matters, either under these Terms of Service or under the law. Even if there is any defect in the following items, the Company shall not be obligated to correct it, and shall not be liable to bear any costs or damages directly or indirectly incurred by the User in relation to such defect.

 

・The Service shall always operate normally.

・The Service shall be free from any defects.

・No bugs, defects, or other malfunctions will exist in the Service or in the software or any other data or information provided by the Company on the Service.

・The Service will not be interrupted, the Service will be provided in a timely manner, and server access will be available at all times when using the Service.

・The contents and methods of the Service are consistent with the user’s wishes and specific purposes.

・The information provided by the Service is accurate and reliable.

・The information sent and received by the user when using the service is correct.

・The information sent and received by the user when using this service will be stored on the designated server without error, will reach the Company or a third party including other users, or will be displayed correctly on the screen.

・All or part of the uploaded information will not be lost.

・The Service is completely secure (including that the use of the Service will not cause any damage to the user’s PC or Internet environment).

Article 12 Changes to the Service

(1)The Company may, at any time and at the Company’s discretion, change part or all of the contents of the Service without prior notice to the User.

 

(2)The Company shall not be held responsible for any direct or indirect costs or damages incurred by the User in relation to changes made by the Company to the Service.

Article 13 Interruption and suspension of this service

(1)If the provision of all or part of the Service becomes difficult due to any of the following reasons, the Company may temporarily suspend all or part of the Service at the Company’s discretion without any prior notice to the User.

 

・In the event of a natural disaster such as an earthquake, tsunami, flood, or eruption, or a force majeure such as war, disturbance, or riot.

・Fire, power outage, etc.

・Periodic or emergency maintenance of the system related to the Service.

・In case of instructions or orders from laws, administrative agencies, etc.

・Other operational or technical reasons.

 

(2)The Company may, at its discretion, discontinue the Service in whole or in part at any time for any reason by notifying the User on the Company’s website at least 30 days prior to the scheduled discontinuation date.

 

(3)The Company shall not be liable for any direct or indirect costs (including, but not limited to, telephone bills, provider contract fees, etc.) or damages incurred by the User or any third party in connection with the Company’s suspension or discontinuation of all or part of the Service pursuant to (1) or (2) above.

 

(4)Even if all or part of the Service is suspended or terminated, the User may not make any claim to any information or data (including the number of points) that existed within the Service in relation to the User prior to the suspension or termination.

Article 14 Ownership of Rights

(1)All rights related to all information, programs, software, trademarks, trade names, know-how, trade secrets, or any technology related to these (including but not limited to patents, utility model rights, trademark rights, design rights, and copyrights) contained in the Service, as well as all other rights, including the right to use and manage these, belong to the Company or a third party who has such rights.

 

(2)The User shall not modify, adapt, reproduce, edit, reprint, distribute, transmit, or publish any information, programs, software, trademarks, or trade names contained in the Service without the prior written consent of the Company or the third party that owns the rights to such information, programs, software, trademarks, or trade names.

 

(3)When a user uploads information, the user grants the Company the right to reproduce, distribute, modify, or delete the uploaded information without charge and without conditions. If the Company transmits or distributes the uploaded information to a third party, the Company shall be able to conceal which user specifically posted, provided, or disclosed the uploaded information.

 

(4)The Company may, at its own discretion, use any ideas, etc. related to the Service that a User has disclosed or presented to the Company in using the Service or in connection with the Service, without obtaining the permission of the User who disclosed or presented such ideas, etc.

Article 15 Prohibited Matters

In addition to the prohibitions stipulated separately in these Terms of Service, Users shall not commit any of the following acts in relation to the use of the Service, regardless of whether such acts are intentional or negligent.

 

・Acts that infringe, or may infringe, the intellectual property rights or other legal rights of the Company or any third party.

・Any act that discloses or communicates a third party’s personal information, or any act that violates or may violate a third party’s privacy or portrait rights. The term “third party’s personal information” as used herein does not include any information obtained through the use of this service.

・The act of transferring, lending, or succeeding to any data or information obtained through the use of the Service (including copies thereof) to any third party, regardless of whether such transfer, lending, or succession is for a fee or free of charge, except in cases permitted by these Terms.

・Any act that interferes with or is deemed by the Company to be likely to interfere with the operation of the Service or the use of the Service by other users. (This includes providing or transmitting harmful programs such as computer viruses.

・The act of altering, falsifying, or editing the information, content, or copyrighted material posted on this service without the prior consent of the rights holder, or the act of redistributing it in any way. The act of publishing the altered, falsified, or edited contents or methods in any place including the Website or the user’s own website, regardless of the method.

・Discriminate against the Company or any third party, defame or slander the Company or any third party, or violate the confidentiality of any third party’s communications.

・The act of posting, disclosing, providing, sending, transmitting, or leading to the posting, disclosure, provision, sending, or transmission of content that is or may be disgusting to third parties, including other users, such as slander, harassment, or obscenity.

・The act of using the Service illegally by impersonating another person.

・The act of using the Service to form a group or group with beliefs based on religion, race, gender, ethnicity, or any other prejudice, or with the intention of commercial activities.

・Disclosing or obtaining account IDs and passwords from others, regardless of whether they belong to the user or to other users.

・Involvement in bugs in the client software or server software for unfair purposes, or informing others of such bugs.

・Involvement in server emulators, as well as the development, creation, involvement, and distribution of server emulators, client software piracy, and utilities.

・Intentionally using bugs in the client software or server software.

・Any act of altering, modifying, or adapting the client software, creating derivative works of the client software, decompiling, disassembling, or analyzing communication information.

・Any act of posting, disclosing, providing, or transmitting false or fraudulent information that infringes on the rights or interests of the Company or any third party.

・In addition to the foregoing, any act that infringes or damages the rights or interests of the Company or any third party, or any act that violates or may violate any law, regulation or order, or any act similar to any of the foregoing.

Article 16 Recovery Measures and Liability for Damages

(1)If a User commits any of the prohibited acts described in the previous article, the Company may take all measures deemed necessary and appropriate by the Company against the Service and the User in order to operate the Service properly and smoothly.

 

(2)If the Company or a third party suffers damage as a result of a User’s violation of the provisions of this Agreement, the User shall compensate the Company or the third party for the damage upon request.

Article 17 Disclaimers

(1)The Company shall not be liable to the User for anything other than what is set forth in this Agreement in relation to the development, provision, and operation of the Service. The Company shall not be liable for any disputes between users or between users and third parties in relation to the Service.

 

(2)Data related to users may be lost due to force majeure such as failure of equipment used to provide this service, trouble, power outage, or abnormalities in communication lines. The data of the User may be lost or delayed due to system failures. The Company shall not be liable for any damages incurred by the User or a third party due to the loss or delay of the User’s data as a result of such events, except in cases where the Company is intentionally or grossly negligent.

 

(3)Notwithstanding the provisions of this Article, Company’s liability for damages shall be limited to ordinary and direct damages actually suffered by the User in any case, including but not limited to cases where the Company is not exempted from liability by mandatory laws and regulations, final judgments of courts, etc., regardless of the reason for the claim. The Company shall not be liable for any damages, including indirect, special, incidental, consequential, and incidental damages (including, but not limited to, lost profits and loss of data), regardless of whether or not the Company has been notified in advance of the possibility of such damages. 

 

(4)Users shall, at their own discretion and responsibility, use the Service to the extent that they do not disturb the healthy living environment of themselves and third parties. The Company shall not be liable for any social, mental, or physical damages or any other problems caused by the User deviating from the scope of appropriate use.

Article 18 Governing Law and Dispute Resolution

(1)This Agreement shall be governed by the laws of Japan.

 

(2)If any problem, dispute, or trouble arises between the user and the Company in relation to the Service, the parties shall attempt to resolve it through consultation in accordance with the principle of good faith. If the parties are unable to reach a resolution, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance to resolve the matter. However, any lawsuit must be commenced within one (1) year after the cause of the lawsuit arose, and after one (1) year, any lawsuit based on the cause of the lawsuit shall be forever barred.

Supplementary Provisions

Effective date: February 1, 2013

Last revision: February 10, 2014

Asahi Seimei Daitabashi Bldg. 4F, 1-22-19 Izumi, Suginami-ku, Tokyo, Japan

Cyber Step, Inc.