TERMS OF SERVICE

FORii, Inc. (hereinafter referred to as "the Company") hereby regulates terms of service (hereinafter referred to as the "Terms") as follows, in regards to use of the application "MOVING BOOKS! Jajajajan" ("Let's play with picture books") managed by the Company (hereinafter referred to as "the App"), downloading of digital content, such as images (including moving images), texts, illustrations, music, other items, etc. provided by the Company (hereinafter referred to as the "Content") via the App, accessing of the Content, and services incidental thereupon (collectively referred to as the "Services" hereinafter). Apart from the Terms, in case that there are individual agreements (hereinafter referred to as the "Individual Agreement(s)"), such as bylaws, guidelines, etc. concerning relevant services provided by the Company, such Individual Agreements will constitute a single agreement together with the Terms. In order to use the App and the Services, it will be necessary to consent to such all agreements. In case of existence of any other and/or previous contracts between the Terms and the Individual Agreements, the Individual Agreements will supersede. Regarding non-contradictory portions, the Terms and Individual Agreements will be simultaneously applied.
Article 1 (Scope of Application)
The App user may use the Services during the period in which such Services are available and in a manner regulated by the Company subject to the Terms.
Article 2 (Change of Terms)
The Company may change the Terms without giving any prior consent or notification. In case that the Terms have been changed, any and all matters relating to the Services will be subject to the changed Terms.
Article 3 (Use of Services and Download of Content)
1. The user may use the Services in the manner designated by the Company.
2. The user may use the App free of charge.
3. The user may download and use the Content after paying the amount (tax included) displayed on the final confirmation screen of the App Store or Google Play in the manner prescribed by the App Store or Google Play. If the word "purchase" is displayed on the App screen, the App Store screen, or Google Play screen, the Company will grant the right to use the Content to the relevant user and will not assign intellectual property rights relating to the Content, etc. thereto.
4. The Content is delivered when the user taps on the App Download button, only after downloading procedures have been completed, which includes user authentication ID and password.
5. Regarding payment of usage fees for the Content, in the event of a dispute between the user and the App Store or Google Play shall arise due to reasons unrelated to the Company, such dispute will be resolved between the user and the App Store or Google Play, and the Company will not assume any responsibility therefor.
6. After the Content has been downloaded, in case that the App is uninstalled, the Content will not be automatically delivered even if the App is installed again. It will be necessary to apply for such delivery via a method determined by the Company. In such circumstances, Content delivery delay will not be considered a valid argument for the user to cancel an existing subscription for use of the Content.
Article 4 (Intellectual Property Rights, etc.)
1. Intellectual property rights and trademark rights and copyrights (including those cited under the Copyright Act Articles 27 and 28; the same will apply hereinafter) applicable to the App and the Content belong to the Company and/or the original right holders. These rights can be enjoyed only when used by individuals for the purpose of using the Content of the App. Unauthorized secondary processing or redistribution of the Content, or unauthorized posting of the Content on individual web pages, etc. is be prohibited and punishable by law.
2. Corresponding rights, such as any trademarks, logos, etc. included in the App or the Content are the sole property of the Company or a party who grants a license relating thereto to the Company. The user shall not use the logos or any character, image or sound whiting the app without the Company’s explicit written consent and permission.
Article 5 (Refunding of Compensation)
Except in cases in which a defect in the Content exists, usage fees for the Content will not be refunded under any circumstances.
Article 6 (Prohibition)
1. In no case may the Content be converted into cash, etc.
2. The user must not assign to a third party any rights or obligations relating to use of the Services, and must not allow a third party to accept the same.
3. Upon use of the Services, the user must not undertake any act regulated in the following Items or an act that has a likelihood of causing the same.
(1) Use of the Services for fraudulent purposes
(2) Act that infringes intellectual property rights, such as trademark rights, copyrights, design rights, patent rights, rights of portrait, publicity rights, or other rights of the Company, holders of copyrights to the App and/or the Content, or other third parties
(3) Use of the Content for purposes other than use of the same for the App
(4) Act that damages the honor or credibility, or invades privacy of the Company, holders of copyrights to the Content, or other third parties
(5) Act that leads to a criminal act, such as fraud, etc.
(6) Use of the Services by the user pretending to be a third party
(7) Transmission or provision of harmful programs, etc., such as computer viruses, or recommendation thereof
(8) Falsification or deletion of the information of the Company, holders of copyrights to the Content, or other third parties
(9) Unauthorized use of facilities or equipment of the Company or other third parties, or act that hinders operation thereof
(10) Violation of laws, regulations, the Terms, Individual Agreements, or public policy
(11) Act that hinders operation of the Services
(12) Acts deemed to be inappropriate by the Company.
4. In case that damage has been caused to the Company or a party that holds intellectual property rights relating to the Services due to breach of the Terms or Individual Agreements by the user, the Company may claim financial compensation from such user.
Article 7 (Treatment of Personal Information)
1. In case that the Company has acquired personal information of the user, the Company will use the same for the following purposes.
(1) User management
(2) Sale of products, etc. of the Company and a third party (including financial instruments, etc.; the same will apply hereinafter under this Article)
(3) Planning of campaigns and prizes, and implementation of questionnaires
(4) Simplification of operations, such as member registration, etc. upon use of services provided by the Company and companies affiliated with the Company that require member registration
(5) Notification concerning matters necessary for the Services (including notification via email)
(6) Advertisement and promotion of the Content by the Company or a third party, and solicitation of sales of the Content thereby (including advertisement, promotion, and solicitation via email)
(7) Transmission of e-mail magazines
(8) Processing, packaging and shipment of products and/or premiums, etc.
(9) Accounting calculations and billing
(10) Provision of services, etc. relating to points, coupons, mileage, etc. (hereinafter referred to as the "Points, etc.")
(11) Posting of the information submitted by the user
(12) Responses to various inquiries and after-sales services
(13) Investigation and analysis of marketing data, and new Service development
(14) Issuance of statistical data provided to companies affiliated with the Company and business tie-up partners
2. For the purposes under the previous Paragraph, the Company and companies affiliated with the Company may jointly use the user's name, gender, mail address, telephone number, zip code, address, corporate department or section name, nickname, pen name, birthdate, credit card information, purchase history, information on retention of the Points, etc., and information of use history regarding the Points, etc..
3. In accordance with the privacy policy, the Company will appropriately protect personal information and will not provide a third party with personal information via a method that allows individuals to be identified; provided, however, that in the cases described in the following Items, personal information may be provided.
(1) In case that consent of the user has been obtained
(2) In case that disclosure of personal information is required by laws, regulations, etc.; in case that disclosure thereof has been demanded through the legal proceedings, such as for criminal investigations, etc.; or in case that inquiries from public institutions, such as consumer affairs bureaus, bar associations, etc., have been received with reasonable cause
(3) In case that disclosure of personal information is necessary for delivery of the Content, etc. or Service provision
(4) In case that personal information is disclosed to trade operators involved with settlement of proceeds
(5) In case that personal information is disclosed to business tie-up partners for provision by the Company of Services and the like for the Points, etc.
(6) In case that some or all operations performed by the Company are consigned to a third party
(7) Upon business acceptance due to amalgamation or business transfer, or due to other reasons, in case that personal information is disclosed to a party accepting such business
(8) In the cases permitted by the Act on the Protection of Personal Information, or other laws and regulations
4. The Company may use cookies * when the user makes use of the Services in some cases.
(*) The use of cookies is a mechanism that temporarily stores specific information as data on your communication device and identifies you.
Article 8 (Suspension of Use)
In the event that any of the reasons described bellow becomes applicable, the Company shall be able to suspend use of the Services without giving any prior notice to the user.
(1) The user has not paid relevant fees by the designated due date
(2) A petition against the user for attachment, provisional attachment, provisional disposition, compulsory execution, bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation has been filed, or in case that the user has filed a petition therefor
(3) The user has breached any provisions of the Terms and/or Individual Agreements
(4) The Company has deemed the user in violation of the Terms
Article 9 (Change and Abolishment of Services)
The Company will be able to change or abolish the Services at any time without giving prior notification. Accompanying such change or abolishment, even if disadvantage or damage has been caused to the user, the Company will not assume responsibility therefor.
Article 10 (Interruption and Suspension of Services)
1. In the event of any of the following reasons is applicable to the user, the Company may temporarily interrupt or suspend all or some of the Services without giving any prior notification thereto.
(1) Maintenance, inspection, or refurbishment of equipment and systems for provision of the Services
(2) Difficulty to provide the Services due to fire, blackout, natural disasters, system failure, or the like considered as acts of god.
(3) Necessary services of telecommunications carriers are not provided
(4) The Company has deemed temporary interruption or suspension of the Services necessary
2. The Company will not assume any responsibility for damage incurred by the user due to occurrence of temporary interruption or suspension, etc. of the Services.
Article 11 (Scope of Liability of the Company)
1. In the event that damage has been caused to the user through the fault of the Company or based on latent defects of the App or the Content in relation to the Services purchased by the user from the Company, direct damage will be only compensated for up to a ceiling equivalent to sales proceeds for the past 6 months.
2. The Company does not warrant that the user will not incur damage due to harmful programs, etc., such as computer viruses, upon use of the Services.
3. The Company does not make any warranty concerning damage arising from the operations or environment of any equipment, machinery, software, etc. used in connection with utilization of the Services by the user, or computer virus infection, etc.
4. The Company will not bear any communication costs accruing upon use of the Services by the user.
5. The Company will not assume responsibility for any troubles occurring among the users or between the user and a third party (including operating companies of the App Store or Google Play) in regards to the Services, except in cases of willful misconduct or gross negligence of the Company.
6. Even in case that an advertisement distributed via the App has infringed the rights of the user or a third party, or disputes have been raised arising from infringement of such rights, the Company will not assume responsibility for such infringement or disputes, except in cases of willful misconduct or gross negligence by the Company.
7. Any and all transactions (including promotional participation, such as wining prizes, etc.) conducted between a third party (including advertisers that provide advertisements via the App) and the user will be undertaken at the responsibility of such third party and the user, and the Company will not assume responsibility for such transactions.
8. This Article has regulated all responsibilities to the user assumed by the Company. In no other cases will the Company provide compensation for lost profits of the user, indirect damage to the user, special damage to the user, attorney's fees of the user, or damage not stipulated in this Article.
Article 12 (Severability)
Even if any provisions of the Terms have been judged to be invalid, illegal, or unenforceable for any reason, the validity, legality, and enforceability of the remaining provisions of the Terms will not be influenced or impaired thereby.
Article 13 (Governing Law and Jurisdiction)
1. The Terms and Individual Agreements will be governed by the laws of Japan.
2. Disputes raised in relation to the Terms will be brought before the Tokyo District Court as the court having exclusive jurisdiction in the first instance.
<Notes>
(*) List of companies affiliated with the Company (as of January 13, 2016)
1) eBOOK Initiative Japan Co., Ltd.
2) Tokyo Gets Co.,Ltd.
3) Buzz Graph Co.,Ltd.
4) Find Japan, Inc.
5) Magnet Inc.
Establishment on August 19, 2013
Revised on December 13, 2013
Revised on October 16, 2014
Revised on January 13, 2016