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terms - Pokke

Pokke Terms of Use

These Terms of Use (hereinafter referred to as the "TOU") set forth the terms between  MEBUKU, Inc.(hereinafter referred to as the "Company") and users (hereinafter referred to as the "User” or “Users” depending upon context) of any services or features of Pokke (hereinafter referred to as the "Service"), which is provided by the Company.

1. Definitions

The following words and terms shall have the meanings set forth below when they are used in the TOU.

1.1 “content(s)” means information such as text, audio files, music, images, videos, software, programs, computer code, and other such information and data.

1.2.“Registered User(s)” refer to the those who have agreed to the TOU and have registered as a user.

2. Agreement to Terms of Use

2.1. All Users shall use the Service in accordance with the terms stated in the TOU. Users may not use the Service unless they agree to the TOU. Such agreement is valid and irrevocable.

2.2. If the User is a minor, parental consent is needed to use the Service. If the Users use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise shall also be deemed to have agreed to the TOU.

2.3. By using the Service, Users (and Users who use the Service on behalf of, or for the purpose of a business enterprise) are deemed to have agreed to the TOU. Such agreement is valid and irrevocable.

3. Modification of the Terms and Conditions

3.1. The Company may modify the TOU when the Company deems necessary, without providing prior notice to Users.

3.2. The modification will become effective once the modified TOU are posted on an appropriate location within the website operated by the Company.

3.3. Users shall be deemed to have granted valid and irrevocable consent to the modified TOU by continuing to use the Service.

4. Account

4.1. Those who wish to become Users shall apply for membership upon agreement to the TOU and make applications by following the procedures designated by the Company.

4.2. Users, when providing information about him/herself to the Company, shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.

4.3. Any registered User to the Service may delete his/her account and withdraw from using the Service, at any time.

4.4. The Company may suspend or delete a User's account without giving prior notice to the User if the Company believes that the User is violating or has violated the TOU.

4.5. The Company reserves the right to delete any account that has been inactive for a half period of a year or more since its last activation, without any prior notice to the User. The Company is not obligated to delete such accounts.

4.6. Users’ rights to use the service shall expire when their account has been deleted for any reason. The account cannot be retrieved even if Users have accidentally deleted their account, and the Company asks Users to be aware of this.

4.7. Each account in the Service is for the exclusive use and belongs solely to the owner of the account. Users may not transfer or lend their accounts to any third party nor may their accounts be inherited by any third party.

5. Privacy

5.1. The Company promises to regard the privacy of its Users as its utmost priority.

5.2. The Company promises to protect the privacy and personal information of its users in accordance with the pokke Privacy Policy.

5.3. The Company promises to exercise the utmost care regarding its security measures for the providing continued security of all User information.

6. Provision of the Service

6.1. The Company grants Users the non-transferable, non-re-licensable, non-exclusive license to use the Service provided by the Company, only for the purpose of using the Service.

6.2. The Company shall remain the holder of all intellectual property rights as well as all other rights in the Contents offered to Users by the Company (with the exception of Submitted Contents and Partner's Contents), and such rights which shall not be transferred to Users.

6.3. Users shall not use the Contents beyond the scope of the intended use of the Contents in the Service (including but not limited to copying, transmission, reproduction, modification).

6.4. Users shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under Users' own responsibility and at Users' own expense.

6.5. The Company reserves the right to modify or cease, at the Company's own discretion, the whole or part of the Service at anytime without any prior notice to the Users.

7. Advertisements

The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service.

8. Restrictions

Users shall not engage in the following when using the Service.

8.1. Activities that violate the law, court verdicts, resolutions or orders, or any other legally binding measures.

8.2. Activities that may hinder public order or customs.

8.3. Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party protected by law or contract.

8.4. Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.

8.5. Activities that exchange the right to use the Contents into cash, property or other economic benefits without Company’s authorization.

8.6. Activities that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by the Company).

8.7. Activities that use the Service for the purpose of sexual conducts or obscene acts; use the Service for the purpose of meeting a person for sexual encounters; use the Service for the purpose of harassments or libelous attacks against other Users; or use the Service for purposes other than the Service's true intent.

8.8. Activities that benefit or collaborate with anti-social groups.

8.9. Activities that are related to religious activities solicitations to certain religions and, or religious groups.

8.10. Activities that illegally or improperly lead to the collection, disclosure, or provision of other’s personal information, registered information, user history, or any other such information.

8.11. Activities that interfere with the servers and/or network systems of the Service; that abuse the Service by any other technical measures; that deliberately use defects of the Service; that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with the Company's operation of the Service or Users' use of the Service.

8.12. Activities that aid or encourage any activity stated in Clauses 1 to 13 above.

8.13. Any other activities that are deemed by the Company to be inappropriate.

9. User Responsibility

9.1. Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service.

9.2. The Company may take measures that the Company considers necessary and appropriate, if the Company acknowledges that a User is using the service in a way which violates the TOU. However, the Company shall not be responsible for correcting or preventing such violation towards Users or others.

9.3. In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly (including but not limited to cases where the Company has been sued for damages by a third party) due to the User violating applicable laws or the TOU while using the Service, the User shall immediately compensate the Company upon its request.

10. The Company’s Exemption of Liability

10.1. The Company does not expressly or impliedly guarantee that the Service (including the Contents) are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.

10.2. The Company shall not be responsible for any damages inflicted upon Users in relation to the use of the Service. However, if the agreement (including but not limited to the TOU) between the Company and Users regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.

10.3. Notwithstanding the condition stated in clause 10.2 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or Users predicted or could have predicted) with respect to the Company’s contractual default or act of tort due to the Company's negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company’s contractual default or act of tort due to the Company's negligence (except for gross negligence) shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.

11. Notification and Contact

13.1. When the Company notifies or contacts Users regarding the Service, the Company may use a method that the Company considers appropriate, such as posting on the website operated by the Company.

13.2. When Users notifies or contacts the Company in regard to the Service, Users shall use the customer inquiry form available on the website operated by the company or other means designated by the Company.

12. Governing Law and Jurisdiction

This TOU will be governed by the laws of Japan and any disputes, claims, conflicts that arise from the Service or between Users and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.

Effective: November 21, 2016