Terms for using ReBorn
This agreement, (thereinafter to be referred as “this agreement”) prepared by H2L, Inc. (thereinafter to be referred as “the company” lists out the terms and regulations by which the user (thereinafter to be referred as “the user”) will enter into when using ReBorn (thereinafter to be referred as “this application”).
Article 1 (Agreement to terms)
1. The user agrees to the terms when using this application.
2. The agreement comes into force when the user taps on the agree button.
Article 2 (Use by minors)
1. When the user is a minor, this agreement applies to the legal representatives of the user.
2. When the user who is a minor during the time of agreement comes of age, the terms in this agreement will begin to apply to the user.
Article 3 (Application)
1. This agreement between the user and the company applies to all the situations in which the application is used.
2. Our company may make various provisions (hereinafter referred to as “individual provisions”) or rules for using this application. These individual rules forms part of this agreement, regardless of their name.
3. If the individual provisions come into conflict with the terms of this agreement, the individual provisions shall prevail.
Article 4 (User registration)
1. The user of this application who agrees with the terms of this agreement will be registered as a user with the company.
2. The company reserves the right to disapprove the registration of the user for the following reasons.
(1) The user submits false information.
(2) The user has previously violated this agreement.
(3) The user registering as someone else other than the user.
(4) The user is found by the company to have committed fraud during registration.
(5) The user is using mobile device, or FirstVR device that is not owned by the user.
(6) Other cases in which the company determines that the registration is inappropriate.
Article 5 (Management of mail address)
1. The user is responsible for submitting an email account (thereinafter to be referred to as “registered email”) that would be registered with the application.
2. The user, in any case may not share the registered email with a third party.
3. The company will not be responsible for any damages made by the third parties who the use registered email of the user.
4. When the user finds out that a third party is using the registered email, the user should notify the company, and follow the instructions of the company to deal with the situation.
Article 6 (Service terms)
1. The user who is using our application is provided service (thereinafter to be referred to as “this service”). To provide this service, the user would need to have the mandatory device FirstVR or any other device specified by the company. The operating system, internet connection, and battery charge should be the users responsibility. If the user is a minor, they should have the permission or approval from a legal representative.
2. The company will only provide service, in full or partial, to users who have had their age, identity, registered information, payment details, confirmed by the company.
3. The company may reserve the right to include advertisements from third parties into this application.
4. This application or this service may include the services from other parties. The company will not bear liabilities if there is any violation of their terms and conditions.
Article 7 (Content)
1. Content in this article refers to text, sound, music, images, videos, software, programs, source codes and other pieces of information.
2. The content that is provided by the company in this application (thereinafter to be referred to “the company’s content”) is the intellectual property of the company or the third parties that have granted the company use of their content. The company’s content will not have use rights transferred to the user. The user should follow th terms and conditions when using the company’s content.
3. Any content that is submitted, transmitted, or posted to this application by the user (thereinafter to be referred to “user generated content”) is to be considered the intellectual property of the user. However, in order to provide service to the user, the company will be processing user generated content at no cost. The company, for promotion purposes may make public user generated content (can be editable by the company) at no cost.
4. Any back up of user generated content is the responsibility of the user. The company will have no obligation to preserve backups of user generated content.
5. In the case that user generated content is in violation of this agreement or laws, violates the rights of the company or third parties, or any other parties that have a valid reason to claim offence, the company will delete user generated content or use other measures to reach settlement.
Article 8 (Restrictions)
1. The company restricts the user in performing the following actions when using this application.
(1) Violation of the law or disturbing social conduct.
(2) Participating in illegal activities.
(3) Violating the intellectual property rights of the company or third parties.
(4) Damaging or interfering with the servers of the company or third parties.
(5) Use of information collected within this application for business purposes.
(6) Interfere with the company and the service provided by the company.
(7) Improper access and/or attempts to do so.
(8) Setting up of multiple accounts by one person in this application.
(9) Cause damage to the company or third parties.
(10) Spoofing or disturbance to other users of the application.
(11) Submission of false information.
(12) Conduct promotion, persuasion, advertising, or business operations within this application without permission obtained by the company.
(13) Produce profit for illegal societies or groups directly or indirectly through the use of this application.
(14) Other activities or behaviour deemed by the company as inappropriate.
Article 9 (Termination of this application)
1. The company, under either of the following circumstances will partially or fully stop the services provided in this application without prior notice to the user.
(1) Natural disasters such as earthquakes, lightning strikes, blackouts that make it difficult or impossible to continue providing service.
(2) When communication networks are terminated or disconnected.
(3) Other cases that are determined by the company to be difficulties.
2. The company will not be liable for any damages caused to the user when the company terminates service due to unavoidable circumstances listed in 9.1.
Article 10 (Limitations of use and account deletion)
1. The company, in either of the situations below will remove partially or in full the functions of the users account.
(1) When the user violates any of the terms in this agreement
(2) When the users information is deemed to be intentionally inaccurate.
(3) When the user does not respond to the company in a given amount of time.
(4) When the company deems the user is not using the application appropriately.
2. The company is not liable for any damages caused to the user from actions taken according to this agreement.
Article 11 (The deletion of this application)
1. The user will be able to remove the application following procedures from the company.
2. If the user deletes the application after registering, or shifts to another mobile device or switches to another SIM card without re-installing the app, the user’s account will be considered removed.
3. If the user removes the application, then the information inputted into the application will be handled by the company. The user can request the company to delete the information, provided that it is legal and technically feasible.
Article 12 (Warranty and liability)
1. The company may not be able to insure that the application is free from all legal defects such as safety, reliability, correctness, validity, functionality, security, errors and bugs, infringement of rights.
2. The user will use this application at their own responsibility. Being liable for the results that occur from the activities involved in the use of the application.
3. The company will not be made responsible for any damages occurred to the user from the use of this application. However if this application is found to breach consumer protection laws, then this article will not apply.
4. Even in the case specified in the proviso to the preceding paragraph, the company shall not be liable for the damage caused by special circumstances (even in the case that the company or user might foresee or might be able to foresee) out of the damage caused to the user due to the default of the company’s negligence (excluding gross negligence) and the damage caused to the user due to the company’s tort.
In addition, compensation for damages caused to the user due to default or tort due to our negligence (excluding gross negligence) include only for general damages directly and actually caused to the user and shall not include lost profits.
5. If the user comes into conflict with a third party whilst using this application, it becomes the responsibility of the user to resolve the conflict. If damages are directly or indirectly caused to the company through such conflict, then the user is to compensate for it.
6. The company will not be way involved in the disputes between the user and third parties.
Article 13 (On the modification of contents in the application)
1. The company may change the contents of this application without prior notice to the user. Any damages caused to the user will not be the responsibility of the company.
Article 14 (On the modification of contents of this agreement)
1. The company reserves the right to partially or fully amend the agreement without prior notification given to the user.
2. The company will display the updated agreement in this application.
3. The company will ensure that the user be shown the updated agreement and have agreed to the terms by pressing on the agree button inside the app before allowing continued use.
4. The user should check the company’s website or the application for changes no matter if the company has issued a notification or not.
5. The company will not be responsible for any damages caused to the user from the modification of this agreement, disregarding if prior notifications are given or not.
Article 15 (The treatment of personal information)
Article 16 (Notification)
1. The communication method between the user and the company should be determined by the company. The company will communicate with the user through the registered email address provided unless another communication method is determined. The user ensure that they can be contacted through the email address.
2. The company will not be responsible for any damages caused to the user due to information not submitted by the user, unless the company is found to have intentionally or mistakenly disregarded the information.
Article 17 (Restriction on the transfer of rights)
1. The user may not transfer the agreement to a third party or a guarantor without prior written consent from the company.
Article 18 (Law and jurisdiction)
1. The terms and conditions of this Agreement shall be interpreted and construed in accordance with the laws of Japan. In the event no amicable settlement is reached through consultation by the Parties, all disputes arising out of or in connection with this Agreement between the Parties shall be submitted to the exclusive jurisdiction of the Tokyo District Court.
10th August 2019
H2L, Inc (thereinafter to be referred to as the company) provides service on this website (thereinafter to be referred to as this service) that collects and treats personal information collected from the users of this application according to privacy policies (thereinafter to be referred to as this policy).
Article 1 (Personal information)
Personal information is to be defined according to the personal information protection act relevant to the region in which the application is used.
Article 2 (The collection of personal information)
The company will be collecting the user’s name, date of birth, address, contact number, mail address, bank account upon registration as a user. The users information will be used to provide the service. The user understands that cookies and location information are also required to provide the service.
Article 3 (The purpose of collecting personal information)
The purpose of collecting personal information is as follows.
(1) To operate the service and provide it to the user.
(2) To provide customer service to the user.
(3) To update the user with latest functions, campaign details.
(4) Maintenance and delivery of notifications to the user.
(5) To identify misconduct amongst the company’s user base.
(6) To allow the user to review, edit or delete current registered information.
(7) Any other actions that are required to execute the above purposes.
Article 4 (Modification of personal information use)
1. The company reserves the right to change the purpose of personal information use under reasonable circumstances.
2. When the purpose of personal information use is modified, the user should be notified through methods or channels determined by the company, or publicly announced through the company’s website.
Article 5 (Transfer of personal information to third parties)
1. The company is not to transfer the user’s personal information to third parties without the agreement of the user unless the following situation occur:
(1) When there is the need to protect the life, physical body, assets, and yet there is difficulty in reaching the user.
(2) When there is the need to protect children and their growth, and yet there is difficulty in reaching the user.
(3) When there is an obligation to produce personal information to state or public organisations by law.
2. In the circumstances below information is not considered to be passed to third parties, even though the conditions in 5.1 are met.
(1) When it is necessary for the company to entrust personal information in order to reach the purpose listed in article 3.
(2) In the case that there is an acquisition or merger, and personal information is transferred as a result.
(3) In the case that personal information is jointly used with a specific person or entity. When the person who is responsible for the management of the information is notified to the person in advance.
Article 6 (The disclosure of personal information)
1. When the user requests the company to disclose the personal information collected, it has to be done so without delay. However, in the case of the following scenarios the information may be fully or partially be kept. There is also a charge of 1,000 JPY handling charge for processing the request.
(1) When information disclosed will cause damage to the life, body, assets or rights of the person or third parties.
(2) When the disclosure of information obstructs the functioning of the business.
(3) When the disclosure of information is in violation of laws.
2. Regardless of the conditions listed in 6.1, in principle the company does not disclose personal information, browsing information and specialised information.
Article 7 (The modification of personal information or its deletion)
In case the user deems that the information submitted to the company consists of errors, the user may, following the protocols of the company, be able to edit, add, delete or revise personal information when requested.
2. When the company receives a request from the user, and deems it necessary to respond to the case, then there is to be no delay in letting the user revise the personal information.
3. The company is to inform the user without delay on whether the revision of personal information is to be executed.
Article 8 (Terminating the use of personal information)
1. When the company receives a request from the user to terminate the use of personal information due to breach of purpose and/or inappropriate use, an investigation is to be conducted immediately without delay.
2. Based on the investigation, if the request is valid, then the company is to terminate the use of personal information without delay.
3. When the company has terminated the use of personal information, the user is to be informed without delay.
4. If there are difficulties or large costs involved in the termination of the use of personal information which hinder the execution of 8.2, the company is to discuss alternative measures that could protect the rights of the users.
Article 9 (The modification of privacy policies)
1. The contents of this policy may be modified without the need of notifying the user unless required by law or other policies.
2. Unless further specified by the company, the modified policy will be enforced as soon as it is published on the website.
Article 10 (Enquiries)
〒106-0032 Yonezawa Building 3-4-21 Roppongi, Minato-ku, Tokyo, Japan
Email address: email@example.com