The terms and conditions of use shown here (hereinafter referred to as the “Terms and Conditions”) set forth the terms between i-App Creation Co.Ltd. (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 Pastel Store (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 Terms and Conditions.
1.1. “content(s)” means information such as text, audio files, music, images, videos, software, programs, computer code, and the like.
1.2. “Pastel Account” means a user account specific to the Pastel Keyboard platform ( Pastel Keyboard Application , Pastel Store or others) operated by the Company.
2. Agreement to Terms and Conditions
2.1. All Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions. Such agreement is valid and irrevocable.
2.2. Minors may use the Service only with consent from their parents or legal guardian. Furthermore, if 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 Terms and Conditions. Such agreement is valid and irrevocable.
2.3. By actually using the Service, Users are deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
3. Modification of the Terms and Conditions
The Company may modify the Terms and Conditions when the Company deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms and Conditions are posted on an appropriate location within the website operated by the Company. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions by continuing to use the Service. Users shall refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification to Terms and Conditions may not be provided.
4. Account
In connection with use of the Service, the User will be required to have a Pastel Account.The user must Registering a First name , Surname , Email Address and Password with their Pastel account in order to log in to the service or you may choose to create an account using your Facebook account. Please be aware that the User, by creation or use of a Pastel Account, further agrees to comply with the Pastel Store and Pastel Keyboard Terms and Conditions of Use, at all times.
5. Privacy
5.1. The Company places its highest priority on the privacy of its Users.
5.2. The Company holds the right to disclose the User’s registered information, transaction history, and other necessary information to payment service providers and/or payment collection agencies if the Company identifies a need to investigate possible misuse of the Service, and Users are deemed to have agreed to this aforementioned disclosure. The Company promises to protect the privacy and personal information of its users in accordance with the Pastel Store Privacy Policy.
6. Provision of the Service
6.1. The Company, or appropriate third party, shall retain all intellectual property rights arising out of or related to the Service (including, but not limited to, copyright, trademark, and patent rights).
6.2. The Company grants Users the non-transferable license to use the Service, conditioned upon the User’s continued compliance with the Terms and Conditions and any other posted terms and conditions of use. Users cannot transfer or assign this right to a third party.
6.3. Notwithstanding situations where phrases such as “Purchase”, “Sale,” and the like appear on the Service screens, the Company shall retain all intellectual property rights to such content. Beyond a license to use the Service, Users are granted no additional rights in and to such content.
6.4. The Company reserves the right to limit access to the whole or part of the Service depending upon conditions that the Company considers necessary, such as age, identification, current membership status, and the like.
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. Business Partners’ Services
Contents or other services offered by other business partners cooperating with the Company may be included within the Service. The business partners bear all responsibility regarding such contents and/or services offered. Furthermore, such contents and services may be governed by the explicit terms and conditions etc., which are set accordingly by the business partners.
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 administrative measures that are legally binding.
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 granted by the law or contract.
8.4. Activities that post or transmit violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
8.5. Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
8.6. Activities that exchange the right to use the contents into cash, property or other economic benefits without Company’s authorization.
8.7. Activities that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by the Company); use the Service for the purpose of sexual conduct 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 organized crime.
8.9. Activities that illegally or improperly lead to the collection, disclosure, or provision of other’s personal information, registered information, user history, or the like.
8.10. Activities that interfere with the servers and/or network systems of the Service; that abuse the Service by means of BOTs, cheat tools, or 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.
8.11. Activities that aid or encourage any activity stated in Clauses 1 to 10 above.
8.12. 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 Terms and Conditions. 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 Terms and Conditions 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 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 Terms and Conditions) 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 11.2 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.