Terms of Service

Effective Date: July 9, 2018

These terms of use (hereinafter referred to as these “Terms of Use”) set out the terms and conditions regarding the use of each service provided by Hamee Corp. (hereinafter referred to as the “Company,” and those services are hereinafter referred to as the “Service") in the Dozenz Internet service for smartphones operated by the Company.

Article 1 Definitions

Each of the following terms in these Terms of Use is defined as follows.

Unless otherwise defined or unless the context otherwise requires, each of the following definitions apply in the Privacy Policy as well as these Terms of Use.

  1. Terms of Use
    means these terms of use and the Privacy Policy, and all of those constitute these Terms of Use.
  2. Privacy Policy
    means the privacy policy (regardless of its name) established by the Company.
  3. User
    means each individual and business operator that uses the Service after consenting to the contents of these Terms of Use.
  4. Contents
    means movies, text, images, and any other information.
  5. User Contents
    means Contents uploaded to the Service by the User.

Article 2 Consent to these Terms of Use and Amendments to these Terms of Use

  1. The purpose of these Terms of Use is to set out the conditions of use of the Service between the User and the Company, and these Terms of Use apply to all relationships between the User and the Company regarding the use of the Services. The User must use the Services in accordance with the provisions of these Terms of Use after consenting to these Terms of Use. It will be deemed that the User has consented to these Terms of Use by using the Service.
  2. These Terms of Use may be amended at any time and for any reason at the Company’s discretion. The User understands and agrees that these Terms of Use may be amended at any time without prior notice. The Company will endeavor to give prior notice of any amendment that requires the approval of the Users and any significant amendment that applies to the Users for the continued use of the Service.
  3. Unless otherwise provided by the Company, after these Terms of Use have been amended, the amended version of these Terms of Use will take effect upon their disclosure in the Service. The User may read these Terms of Use at any time from the appropriate link within the Service. If the User cannot agree to an amended version of these Terms of Use, the User must delete his or her account of the Service or stop using the Service. The Company will not be liable in any way for any damage incurred by the User resulting from a revision to these Terms of Use.
  4. If the User uses the Service after an amended version of these Terms of Use has taken effect, it will be deemed that that User consents to all of the contents of the amended version of these Terms of Use.
  5. A User who is under thirteen (13) years of age may not use the Service.
  6. If the User is a minor, the User must use the Service after obtaining the comprehensive consent of a statutory agent such as a person who has parental authority in advance. If the User uses the Service, it will be deemed that the User is an adult or is a minor who has obtained the comprehensive consent of a statutory agent such as a person who has parental authority.

Article 3 Handling of Personal Information

The Company must appropriately handle personal information of the User based on the Privacy Policy established by the Company.

Article 4 User Registration and Account Information

  1. To use the Service, the User must have a Facebook account that he or she has legitimately obtained in his or her own name. If the User has a Facebook account, he or she will be registered for the Service using his or her Facebook account. At the time of the registration of the User, the Company will obtain personal information of the User that is publicly available on Facebook. The Company might also obtain non-public personal information with the permission of the User.
  2. The User must endeavor to prevent unauthorized use of his or her Facebook account and is fully responsible for the management of his or her Facebook account. The User will bear all damage and liability arising out of or associated with the use of his or her Facebook account by a third party.
  3. The User or a person who desires to be registered as a User (hereinafter collectively referred to as “User, Etc.”) may not make multiple User registrations.
  4. The User is responsible for managing his or her Facebook account from which he or she was registered as a User (hereinafter referred to as the “Account Information”). The User may not allow a third party to use the Account Information, or transfer, buy or sell, create a pledge over, lend, lease, or otherwise dispose of the Account Information in any other form.
  5. If the User uses the Service on behalf of a corporation, the User must represent and warrant that he or she has proper authority to execute agreements on behalf of that corporation and that his or her authority is effective at all times.
  6. If any Account Information has been or is likely to be leaked to a third party, the User must promptly contact the Company. The User must follow any instructions given by the Company at that time.

Article 5 Suspension and Deletion of Accounts

  1. The User may terminate the legal agreement between the User and the Company regarding the Service at any time by deleting his or her account and ceasing use of the Service.
  2. If the User falls under any of the following items or if the Company judges that it is likely the User will fall under any of the following items, the Company may at any time, regardless of the reason and at the discretion of the Company without grounds, temporarily suspend or delete the account of the User or terminate the provision of all or part of the Service without giving prior notice to the User and obtaining permission from the User.
    1. (1) If the User breaches these Terms of Use
    2. (2) If it is likely the User will cause the Company to possibly incur risk or legal liability
    3. (3) If there is a false statement or mistake in all or some of the Account Information
    4. (4) If the User is not active for a long period
    5. (5) If it becomes commercially difficult for the Company to provide the Service to the User
    6. (6) If the Company otherwise judges that the User is inappropriate

Article 6 Users’ Liability

  1. The User must use the Service at his or her own liability and the Company is not liable in any way for any acts in the use of the Service or results of those acts.
  2. The User is liable for all User Contents uploaded by the User using the Service, and the Company is not liable in any way for those User Contents.
  3. If the User conducts an act in breach of the Copyright Act, infringes a privacy right, or otherwise infringes the right of a third party, the User must resolve that matter at his or her own responsibility and expense and the Company will not be liable in any way for that breach or infringement.
  4. If the Company incurs damage due to a breach of these Terms of Use by the User, the Company may make a claim against the User for damage and expenses (including attorney’s fees) incurred by the Company.

Article 7 Prohibited Acts

The User may not conduct any of the following acts when using the Service.

  1. An act that interferes with the operations of the Company
  2. An act that interferes with the use of the Service by another User
  3. An act that infringes any rights of a third party (including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, or other intellectual property rights)
  4. An act that constitutes defamation, stalking, bullying, harassment, intimidation, impersonation, or coercion of another User or a third party
  5. An act that violates any law, regulation, or rule (including, without limitation, the Copyright Act)
  6. An act that is or is likely to be contrary to public order and morals
  7. An act that has an unlawful purpose or promotes illegal activities
  8. An act that constitutes specific violent intimidation or an act that is intended to cause significant physical danger, death, or illness to an individual or a group
  9. An act that facilitates or instigates suicide or self-harm
  10. An act that promotes child pornography or the sexual exploitation of children
  11. An act that solicits encounters, etc. for the purpose of sexual or indecent acts
  12. An act of harassment that targets a specific person or another user
  13. Sending inappropriate sexual contents to another person, making another person the target of a sexual description, or conducting another improper act of a sexual nature
  14. An act that promotes violent acts, intimidation, or harassment of another person because of that person’s race, ethnicity, birthplace, religion, sexual orientation, gender, gender identity, age, disability, or serious disease
  15. An act of uploading personal information of another User without express permission
  16. An act of uploading private contents of a person that have been taken without the consent of that person
  17. An act of impersonating an individual, group, or organization by a method that misleads or confuses another person or that defrauds another person
  18. An act that damages or is likely to damage the credibility of the Service
  19. An act that impedes or is likely to impede the operation of the Service
  20. An act that obstructs or interferes with a server or network system of the Service
  21. An act that the Company judges will or is likely to assist or promote any act that falls under 1 through 20 above
  22. Any other act that the Company judges to be inappropriate

Article 8 User Contents

  1. The User may use the Service to upload Contents prepared using music provided by the Company for which the Company holds a copyright or for which the Company has obtained a license from a third party that holds a copyright (hereinafter referred to as "Music Provided by the Company”) to the Service or to various SNS such as Facebook or Twitter.
  2. Any copyright related to User Contents prepared and uploaded under the preceding paragraph will belong to the User who uploaded those User Contents except for Music Provided by the Company. The Company does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of the User Contents, and the Company does not endorse any opinion presented through the Service. It will be deemed that by using the Service, the User understands that it is possible he or she will come into contact with offensive, harmful, inaccurate, or inappropriate User Contents or User Contents that make misleading representations or other fraudulent User Contents. The User who uploads User Contents will be solely liable for the User Contents he or she uploads. The Company is unable to monitor or manage uploaded User Contents and the Company is not liable for any such Contents.
  3. The User may use Music Provided by the Company only for the purpose of preparing and uploading Contents using the Service, and the User may not revise, modify, or otherwise alter the Music Provided by the Company.
  4. By uploading User Contents to the Service or any type of SNS, the User will grant to the Company free of charge a worldwide non-exclusive license (together with the right to grant sublicenses) for the Company to use, copy, reproduce, process, modify, alter, publicize, transmit, display, and distribute those User Contents using any media or delivery method (any method that is known or developed in the future). Under that license, the Company may allow another user to access the uploaded User Contents anywhere in the world, and the User acknowledges that. The User consents to the fact that that license includes the right for the purpose of providing, advertising, and improving the Service and the right to provide uploaded User Contents to another enterprise, organization, or individual (hereinafter referred to as “Other Enterprise”) for the purpose of delivering, broadcasting, distributing, promoting, or publicizing the uploaded User Contents by another medium or service based on the assumption that that is in accordance with the conditions of the Company related to the use of the User Contents. The Company and any enterprise to which User Contents have been provided by the Company may use User Contents that the User has transmitted, posted, or otherwise made accessible through the Service without paying any fee to the User.
  5. The Company will not conduct a prior examination of any User Contents uploaded by the User, but if the Company judges that there is or is likely to be a breach of Article 7 of these Terms of Use, it may remove or suspend publication of all or part of those User Contents at its discretion without giving prior notice to the User and without the approval of the User. However, the Company does not owe an obligation to remove or suspend publication of those User Contents. The Company does not guarantee the accuracy, completeness, appropriateness, or quality of any User Contents, and the Company will not be liable in any case whatsoever with respect to the User Contents.
  6. The User may not make any objection to the Company removing or suspending publication of any User Contents. Further, the User gives consent that he or she will not make any claim for damages or any other claim for any reason against the Company with respect to any damage he or she incurs as a result of the removal or the suspension of publication of any User Contents.
  7. If a petition is filed by a third party in relation to any User Contents, the Company may, at its discretion, remove or suspend publication of those User Contents regardless of whether the User Contents are illegal and whether the User Contents are in violation of these Terms of Use.
  8. The Company is not liable for any unauthorized use of the User Contents by any User.

Article 9 The Service

  1. The Service can be used on Apple Inc.’s iOS devices. An Internet communication environment is also necessary to use the Service. The iOS devices, communication environment, etc. are to be prepared and maintained at the cost and responsibility of the User. The Company does not guarantee that the Service is compatible with all devices, and the Company will not be involved or provide support to the User with respect to the preparation, installation, and operation of any devices.
  2. All copyrights and other intellectual property rights regarding any music, text, images, photographs, movies, data, programs, and other contents on the Service excluding the User Contents belong to the Company or a person that has granted a license to the Company. The User must not conduct any act that infringes any of those rights.
  3. If the Company judges that any of the following applies or is likely to apply, it may, regardless of the reason and at the discretion of the Company without grounds, suspend or terminate all or part of the operation of the Service without giving prior notice to the User or obtaining permission from the User. In that case, the Company will not be liable in any way even if the User incurs damage.
    1. (1) If it becomes impossible to provide the Service due to a failure or malfunction of a server, telecommunications line, or other equipment or any other reason
    2. (2) If regular or emergency maintenance, inspection, repair, or alteration of a system (including, without limitation, a server, telecommunications line, or power source, or a building in which any such equipment is housed) is conducted
    3. (3) If it becomes impossible to provide the Service due to a fire, power cut, or other emergency
    4. (4) If it becomes impossible to provide the Service due to an earthquake, volcanic eruption, flood, tsunami, or other natural disaster
    5. (5) If it becomes impossible to provide the Service due to a war, social disturbance, riot, civil disturbance, labor dispute, or other force majeure
    6. (6) If it becomes impossible to provide the Service due to a law or regulation or measures taken under a law or regulation
    7. (7) If the Company judges that it is otherwise necessary to suspend or cease the Service
  4. All feedback, opinions, and proposals provided by the User regarding the Company or the Service are completely voluntary, and the Company may freely use any such feedback, opinion, or proposal by a method it considers appropriate without owing any obligation to the User.
  5. The User consents to the fact that the Company and its third party providers and partners will place advertisements on the Service or place advertisements related to displays of information obtained from the User Contents or the Service (regardless of whether the provider is the User or another person) as consideration for the Company granting a license for the User to access and use the Service.

Article 10 Exemptions

  1. The Company does not make any guarantee regarding the completeness, accuracy, applicability, or usefulness of the User Contents or other information provided in the Service or that the User Contents or other information provided in the Service does not infringe the rights of a third party. The User must use the User Contents provided in the Service at his or her own responsibility and judgment.
  2. The Company is not liable in any way for any damage to the User arising from the contents or the use of the Service (including any damage caused by a dispute with a third party) or any damage to the User or a third party arising out of the fact that it is not possible to use the Service.
  3. The Company does not make any guarantee regarding the reliable provision, results of access, security, or other quality of the Service. The Company will not be liable in any way even if the User or a third party incurs damage caused by a defect in the Service including if the Service is temporarily suspended under Article 9, paragraph 3.
  4. The Company does not owe any obligation to monitor or save any User Contents.
  5. In principle, the Company will not intervene in any dispute between Users, and the User may not request the Company to resolve any dispute. However, the Company may intervene in a dispute between Users if it judges that that is necessary for the smooth operation of the Service.
  6. If the User posts various types of information on the Service, it must do so at its own responsibility, and if any claim or other dispute arises, the User must resolve that claim or dispute him or herself and the Company will be fully exempt from liability for any such claim or dispute.
  7. The Company is fully exempt from any obligation to provide compensation for damage to a computer, circuit, software, etc. arising from a download or computer virus infection from the Service or a third-party website.
  8. The Company may change the contents, name, specifications, or other attributes of the Service without giving prior notice to the User. The Company will not be liable in any way for any damage incurred by the User or a third party resulting from any such change.
  9. The Company does not manage any external site that is linked to from the Service. The Company is therefore not liable in any way for the reliability, accuracy, safety, usefulness, or applicability of any information in a link that is not managed by the Company or that any such information does not infringe the rights of a third party.
  10. The Company will not be liable in any way for any damage incurred by the User arising from the Service.

Article 11 General Provisions

1. Business transfer

If the Company transfers the business pertaining to the Service to a third party (including a business transfer, company split, or any other transfer of the Service), it may, in association with the transfer of that business, transfer to the transferee of that business its contractual status under these Terms of Use, its rights and obligations under these Terms of Use, and information registered in connection with the registration of the User and other information, and the User gives approval in advance for that transfer.

2. Severability

Even if a provision or part of a provision of these Terms of Use is found to be invalid under the Consumer Contract Act or any other law or regulation, the remaining provisions of these Terms of Use and the remaining part of the provision that has been found to be invalid will continue to be valid, and the provision or part of a provision that is found to be invalid will be revised to the extent necessary for it to be valid, and it will be interpreted so that the purpose and same legal and economic effect of the provision or part of a provision that is found to be invalid will be secured to the maximum extent possible.

3. Matters not provided for in these Terms of Use

If there is any matter not provided for in these Terms of Use or if there is a doubt in the interpretation of these Terms of Use, the User must follow the instructions of the User. If that matter is not resolved, the Company and the User must promptly resolve that matter upon consultation with each other in accordance with the principle of good faith.

4. Governing Law and Jurisdiction

The controlling language of these Terms of Use is Japanese and these Terms of Use are governed by the laws of Japan.
Depending on the amount of the case, the Tokyo District Court or the Tokyo Summary Court has exclusive jurisdiction as the court of first instance with respect to any dispute that arises out of or in connection with these Terms of Use.