This terms and conditions (“Terms and Conditions”) prescribes certain terms and conditions by and between you (“Users,” “You,” “Your” or related terms) and maria project K.K. (“We,” “our,” or related terms) when you use certain services relating to an application called “maria project®” made available by us. Your use of Services is subjected to Terms and Conditions.
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Article 1 Definitions
When used in terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:
- “Services” shall mean any services or relevant services provided by way of maria project® made available by us. We are entrusted to manage maria project® by an entity which has developed and provided maria project® to us.
- “Website” shall mean a website on internet upon which Contents of Services have been uploaded and posted.
- “Contents” shall collectively mean a character, still image, sound, video, software programs, code, etc., including characters, sounds or videos that you post.
- “Individual Terms and Conditions” shall mean a document tiled “Terms of Use,” “Guidelines,” “Policy,” “Notice,” or “Reminder/Precautions” with respect to Services that we post or distribute from time to time separately from the Terms and Conditions.
- “Users” shall mean all users who use Services.
- “Registered User(s)” shall mean user(s) who have created an account and completed the user registration at Website.
- “ID” shall mean a string of characters that each Registered User uniquely retains to use Services.
- “Password” shall mean a secret code that each Registered User uniquely sets up corresponding to his/her ID.
- “Account” shall mean a right to use of Services which is granted by us and consists of a Registered User’s ID, Password and all the Registered Information associated with the use of Services.
- “Individual Information” shall collectively mean any information that can identify an individual by way of address, name, profession, telephone number, etc.
- “Registered Information” shall collectively mean any information that Registered Users have registered at Website and have disclosed to us (except for information that Users have post).
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Article 2 Consent to Terms and Conditions
- Users shall acknowledge and agree to Terms and Conditions prior to the use of Services. Therefore, you may not use Services unless you agree to Terms and Conditions.
- Users shall, under your own responsibilities, download and install maria project® into your device. Upon your running maria project® and consent to Terms and Conditions after completion of uploading, the agreement on the use of Services pursuant to Terms and Conditions has been executed between you and maria project K.K.
- If Users are under minor age, users must obtain approval to use Services from your statutory legal representative such as a person with parental authority prior to your use of Services.
- When minor age Users pretend to have a consent from your statutory legal representative despite the fact that you do not, pretend to be over adult age, or deceive others into believing you have legal ability and you use Services, any of your actions relating to Services are not be cancelled.
- If minor age Users agree to Terms and Conditions and then reach to an adult age to use Services, such Users shall be deemed to confirm any of your past actions relating to Services.
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Article 3 Amendment of Terms and Conditions
- In the event that there is any Individual Terms and Conditions with respect to Services, Users shall use Services in compliance with Terms and Conditions and the Individual Terms and Conditions. In case where the provision set forth in Terms and Conditions conflict with the provisions set forth in the Individual Terms and Conditions, the Individual Terms and Conditions shall prevail.
- When we deem it necessary, we may at any time amend Terms and Conditions without prior notice to Users, and Users shall accept such amendment without any objection.
- The amended Terms and Conditions and the Individual Terms and Conditions shall come into effect at the time when they are posed on an appropriate website operated by us.
- Users shall be deemed to have effectively and irrevocably accepted the amended Terms and Conditions and the Individual Terms and Conditions by continuing to use Services after amendment. When you use Services, please refer to the updated Terms and Conditions and the Individual Terms and Conditions.
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Article 4 Use of Purpose
- We only provide Services for the purposes of User’s private and non-commercial use. Uses may use Services in accordance with the provisions of Terms and Conditions as far as such use is not contrary to the purposes.
- Users may not, irrespective of the purposes, loan, transfer, sell, lease, or sub-license your right or Account granted for the use of Services or obtain any proceeds from the use or provision of Services.
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Article 5 User Registration
- Users shall be required to establish necessary settings to use Services such as device, internet connection, phone connection, or any security measures (“Users’ Settings”) at your own responsibilities and costs.
- Upon registration, you shall be registered as Users by accurately entering necessary information such as your and your child’s personal information and credit card numbers, etc. We will not in any way accept registration by User’s agent except for the case where User is under age. If you use Services for more than one child, you need to be granted each Acount for each child.
- Upon registration, you shall be registered as Users by accurately entering necessary information such as your and your child’s personal information and credit card numbers, etc. We will not in any way accept registration by User’s agent except for the case where User is under age. If you use Services for more than one child, you need to be granted each Acount for each child.
- Those who wish to use Services shall become Registered Users upon agreement of Terms and Conditions and completion of the user registration.
- If your Account has been deleted in the past due to the violation of Terms and Conditions or any other terms of use, you may not be registered as a User at our discretion.
- We only grant an Account and a right to use Services to a User who have been registered as a User under Terms and Conditions and any other terms of use that we separately prescribe from time to time.
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Article 6 Use of Service
- We will issue an ID and grant an Account to User who have completed the account registration. Users shall safely keep your Account and Registered Information, including email address, date of birth, sex, ID and password at your own responsibility. We will assume no liability for any disadvantage and damages incurred due to the fact that the Registered Information are incorrect or false.
- We will assume no liability for any damages incurred due to any use not attributable to us, even if any other person than Users uses the Account by way of fraudulent or unauthorized means or under any circumstances. Users shall be liable to us or a third party for any damages incurred by us or such third party due to the unauthorized use of the Registered Information or Account.
- We may regard any use of Services on a User’s Account as such User’s use who have been registered as a User and attribute any result arising from such use of Services or any responsibility thereof to the Registered User.
- Users acknowledge that the use of Services cost fees in addition to the internet fees in accordance with our fee tables which we separately post or prescribe in the Individual Terms and Conditions on appropriate places on our website.
- Users acknowledge that User’s or User’s child’s voice may be recorded as a result of use of Services for the purpose of enhancement of the quality of our Services. Please also refer our Privacy Policy.
- We provide Services under the encrypted SSL communication. Users acknowledge our security level.
- If Users wish to use Services from 12th curriculum onwards, Services shall become fee-based (monthly subscription). If such monthly subscription is cancelled in the middle of use of Services, the curriculums that have been used will be no longer available except for up to 11th curriculum which are provided free of charge.
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Article 7 Handling of Individual Information
We properly handle Personal Information and Registered Information in accordance with our Privacy Policy that is separately prescribed.
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Article 8 Advertising
We may post our or a third party’s advertisement on Services.
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Article 9 Prohibited Acts
We prohibit Users to engage in any of the following acts in the course of your use of Services: Should we find any violation of this Clause, we may take necessary measures that we deem appropriate including the suspension of use or deletion of Account, etc.
- to infringe our or others’ intellectual property rights;
- to defame or may defame us or others;
- to damage our or others’ financial credits or Services;
- to use computer virus or harmful programs or to induce such virus or programs;
- to overburden our infrastructural facility/equipment for use of Services;
- to attack our server, system or security on Website;
- to offend or might offend public order and morals;
- to attempt an access to Services via other means than our designated interface;
- any other actions that we deem as inappropriate.
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Article 10 Suspension of Provision of Services
- We may, at any time at our discretion, suspend part or all of Services applicable to part or all Users without any notice, delete Account or refuse second time User Registration. Users shall immediately cease the use of Services if we request Users to cease the use.
- We may set certain restriction on use of Services by Users (such as the number of access to Services or Website, access time or access to our rights including intellectual property rights) if we deem it necessary to operate Services.
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Article 11 Ownership of Rights
- Users acknowledge that all proprietary, intellectual or moral rights, including copyrights, trademark or patent rights (the “Intellectual Property Rights”) with respect to programs that consists of maria project®, service provision page, software or anything relating to Services belong to us, our assignor or its licensors except for the rights explicitly granted to Users under Terms and Conditions.
- Reproduction of Contents is strictly prohibited.
- Users shall not attempt to analyze a part or all of Services by means of reverse engineering, decompile, or reverse assembly.
- Users shall not sell, edit, process, adapt, change, re-deliver or sub-license or transfer a part or all of Services or our Intellectual Property Rights.
- We grant Users the right to use our name and emblem, logo or image of the name of Services (“Credits”) to the extent provided in Terms and Conditions and guidelines separately prescribed.
- Users shall not at all delete, amend, or change a part or any of the elements of Credits (including HTML sources).
- Users shall not use Credits by way of defaming our image, giving application viewers any impression of any association between Users and us or misleading application viewers to get confused that Services and Users’ services are identical.
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Article 12 Limited Warranty/Indemnification
- We will assume no liability for any damages incurred due to the change, suspension or termination of Services.
- We have no involvement in User’s Settings and will assume no liability.
- Services and maria project® are provided “as is” at Users’ risks. We will not in any way guarantee any warranties of fitness for a particular purpose, reliability, newness, worthiness, accuracy, usability or completeness, compatibility of use with any laws or regulations in certain industry groups applicable to Users, or free from defects.
- We will not guarantee that Services should correspond to all information terminals. Users shall acknowledge in advance that action/operation of Services might cause any problems along with certain circumstances including version-up of Operational System of information terminals. We will not guarantee that our correction in case of problems should dissolve such problems.
- Users shall acknowledge in advance that the use of all or a part of Services might be restricted due to the change of terms of use or operation of service stores such as AppStore and GooglePlay.
- We assume no liability for any direct, indirect or any other damages, including loss of profit, incurred by Users or any third party due to the User’s use of Services.
- Users shall, at your own responsibilities and costs, resolve any disputes between Users and any third party. We will assume no liability even if we have been informed by Users of a possibility of such dispute. Users shall be liable for any damages incurred by us due to the dispute between Users and a third party.
- Users shall use Services based on your own responsibility and shall acknowledge and confirm that Users shall indemnify and hold us harmless from any damages caused by Users’ use of Service or Users’ violation of Terms and Conditions or any disputes with a third party including claims and demands.
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Article 13 Non-Transfer
- Users may not transfer all or a part of your rights and obligations or your contractual status under Terms and Conditions or your Account to a third party without our prior written approval.
- We may transfer, at our discretion, all or a part of Services to a third party. In this case, all User’s rights with respect to Services including User’s Registered Information will be transferred to such third party within the scope of the transferred rights.
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Article 14 Severability
If any provision or a part of such provision of Terms and Conditions is found invalid or unenforceable by Consumer Contract Act or any other laws and regulations, the remaining part of such provision or other remaining provisions of Terms and Conditions shall remain in full force.
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Article 15 Contacts
You contact us by way of filling out and transmitting the contact form which is set up on Services or any appropriate page that we manage within Website or any other way that we separately designate, if you have any inquiries or opinions regarding Services for us.
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Article 16 Governing Law and Jurisdiction
- The relationship between Users and maria project K.K. shall be governed by the laws of Japan.
- If a dispute should arise out of or relating to Terms and Conditions, the Tokyo District Court or Tokyo Summary Court shall have the exclusive jurisdiction as a first instance.
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Article 17 Exclusion of Anti-Social Forces
- Users hereby represent and covenant to ensure that you are not a person who currently falls under an organized crime group, a member of an organized crime group, a quasi-member of an organized crime group, a related company or association of an organized crime group, a corporate racketeer, or other equivalent person of any category above (such person referred to as the “OCGs”) and that you shall not fall under any of OCGs, and Users further represent and covenant to ensure that Users will not fallen under any of the following categories:
- a person having such relationship with the OCGs that shows the OCGs’ control over or substantial involvement in the person’s management;
- a person having such relationship with the OCGs that shows reliance on the OCGs for the purpose of unfairly benefiting itself or third parties, or of damaging third parties; or
- a person having such relationship with the OCGs that shows provision of funds, benefits or services from the person to the OCGs.
- Users represent and covenant to ensure that Users themselves or through the use of third parties will not conduct any of the following actions:
- a demand with violence;
- an unreasonable demand beyond its legal entitlement;
- use of intimidating words or actions in relation to transactions;
- an action to defame our reputation or interfere with our business by spreading rumor, using fraudulent means or resorting to force; or
- any other equivalent actions of above.
- Users hereby represent and covenant to ensure that you are not a person who currently falls under an organized crime group, a member of an organized crime group, a quasi-member of an organized crime group, a related company or association of an organized crime group, a corporate racketeer, or other equivalent person of any category above (such person referred to as the “OCGs”) and that you shall not fall under any of OCGs, and Users further represent and covenant to ensure that Users will not fallen under any of the following categories:
Version No.1 May 31, 2019
Version No.2 June 19, 2019