Terms of Use

This Terms of Use (hereinafter referred to as the “Terms”) stipulate the rights and obligations of all customers (hereinafter referred to as the “Users”) who download, install and/or use the “OTAMATONE STUDIO” app (hereinafter referred to as the “App”) provided by CUBE CO., LTD. (hereinafter referred to as the “Company”). Users of this App are required in advance to consent to all of the conditions stipulated in this Terms.

Article 1 (Consent)

1. Users must use this App in accordance to the stipulations of the Terms.
2. If the User is a minor, a prior consent (including consent to the Terms) of a legal guardian such as a parent is required for the use of the App. In addition, if a User who had been a minor when consenting to the Terms later used this App after attaining majority, the User is deemed to have ratified the usage activity during their time as a minor.
3. Upon the use of this App, the User is deemed to have consented to all of the conditions stipulated on the Terms.

Article 2 (Modification to the Contents of the App and the Terms)

1. The Company shall have the right to modify the contents of this App and the Terms at any time.
2. The Company, in the event of modification as stipulated in the previous Item, shall notify the User by indicating such modifications on the App and by any other methods that the Company deems appropriate.
3. If a User uses this App after the modification to the Terms have been notified based on the previous Item, the said User is deemed to have consented to the modified Terms.
4. In the event that a User does not consent to the modified Terms, the User shall immediately delete this App from the information device the App has been downloaded to.

Article 3 (Maintaining the Usage Environment)

1. In order to use this App, the User shall prepare all of the necessary equipment and telecommunication methods at their own cost and responsibility.
2. Regarding the usage environment of the User as stipulated in the previous Item, the Company shall not be involved at all and bear no liability whatsoever.

Article 4 (Fees)

A portion of the functions of this App is not free. In the event a User uses such paid functions of this App, the User shall pay a fee in the amount and method stipulated separately by the Company.

Article 5 (Precautions when Using this App)

1. The Company shall use individual identification information independently developed by the Company for the purpose of identifying the User.
2. The Company shall not guarantee the compatibility of this App with any other software.
3. The User shall use this App at their own responsibility. The Company shall not guarantee to the User in any way, shape or form, regarding the completeness and accuracy, etc. of the information gained through the content of the App and the App itself.
4. This App may be unusable (including cases in which parts of the functions are unusable) due to the usage environment of the User. In addition, the Company shall bear no liability whatsoever for any damages arising due to any reasons (telecommunication equipment of the User, software failure, and/or failure due to internet disconnection, etc.) not attributed to the responsibility of the Company.
5. The Company shall bear no liability whatsoever to the User for any damages arising from infection with computer viruses during the use of this App, and/or unauthorized access from a third party.
6. In the event that the User has inflicted damage towards a third party through the use of this App, such User shall resolve this issue at their own cost and responsibility, with the Company not being held responsible for any such damages.
7. In the event that the stored data of the User regarding this App has been deleted or lost, etc. for any reason, the Company shall not compensate the User in any way, regardless of whether or not this was due to an error or bug or any other fault of this App.
8. The Company shall bear no liability whatsoever towards the User regarding the damages (including, but not limited to, the modification, suspension, termination, etc. of this App) resulting from providing this App and any acts by the User or the Company implemented in accordance to the Terms. However, this Item shall not be applicable if the agreement (including the Terms) between the Company and the User is deemed a consumer contract as specified in the Consumer Contract Act.
9. Even in the event as prescribed in the preceding Item, the Company shall bear no liability whatsoever with respect to damages occurring due to special circumstances (including cases in which damages were foreseen or foreseeable by the Company or the User) amongst damages suffered by the User caused by default or illegal acts due to negligence of the Company (excluding gross negligence).
10. Compensation for damages suffered by the User caused by default or illegal acts due to negligence of the Company (excluding gross negligence) shall be limited to the amount of the usage fees the Company has received from the User.
11. The User shall compensate for all damages in the event where the Company has been directly or indirectly inflicted damages (including expenses pertaining to specialists such as lawyers, and the equivalent of labor expenses arising from dealing with such issues at the Company) as a result (including claims to the Company from a third party that deems such usage to be the reason) of the User using this App.

Article 6 (Non-Warranty)

In addition to what has been stipulated in the previous Article, the Company shall not provide any warranties for this App whether explicitly, implicitly or statutory, and shall be exempt from any guarantees of warranty. In particular, the Company shall not warrant or guarantee that this App is suited for a specific purpose, or that this App will not damage the patent rights, copyrights, or any other rights of a third party.

Article 7 (Prohibited Matters)

1. When using this App, the User must not perform the following acts or anything that may be considered as such an act.

(a) any acts that run the risk of damaging the business operation of the Company
(b) any acts that aim towards profiting through this App and/or in relation to this App without the prior approval of the Company
(c) any acts that violates the laws and regulations, the Terms and/or public order, and acts that causes loss or damage to the Company and/or a third party.
(d) any acts that infringing or has a risk of infringing the trademark, copyright, image rights, privacy rights, publicity rights and/or any other intellectual property rights of the Company and/or a third party. In addition, this shall include cases in which the duplication, transfer, transmission, upload and/or any other related acts regarding a piece of music performed and other materials created using the App infringes on the intellectual property rights and/or any other rights of the Company and/or a third party or runs the risk of infringing.
(e) any acts that violates the terms and conditions of a third party in the event where consent to such terms and conditions by a third party that are separate from the Terms is required when using this App
(f) any acts that duplicate the whole, or part of this App, excluding cases where this App is installed for the purpose of personal use
(g) any acts that amend, modify, re-assemble, re-compile, reverse engineer, etc. this App
(h) aside from the methods stipulated by the Company, any acts that allows a third party use or disposal of the usage rights or data of this App by lending, exchanging, transferring, changing titles, pawning, providing for security and/or any other methods
(i) any other acts that may constitute any of the previous Items or acts that are similar, and acts that are deemed inappropriate by the Company

2. In the event the Company has been inflicted damage due to a violation by the User regarding prohibited matters as stipulated in the previous Item, the User shall compensate the Company for such damages.

Article 8 (Intellectual Property Rights, Etc.)

The copyright, trademark, patent right, design right, knowhow and any other intellectual property rights regarding this App belong to the Company and/or a third party with legitimate authority.

Article 9 (Personal Information)

The Company’s Privacy Policy stipulated separately shall apply to the handling of the User’s personal information that are collected by the Company with regard to this App.

Article 10 (Suspension of the App Service)

In the event of falling under any of the following provisions, the Company may suspend a portion of, or the entire service of this App, and shall not bear any liability for damages to the User and/or a third party arising from such suspension.
(a) in case of periodic or emergency maintenance and inspection of the computer system used for providing the App
(b) in case where providing the App has become difficult and/or impossible due to circumstances such as war, civil unrest, riot, public disturbance, labor disputes, etc.
(c) in case where this App cannot be provided due to a fault and/or infection of a computer virus, or an unauthorized access from a third party, to the computer system used for providing the App
(d) in case where the App cannot be provided due to measures taken under laws and regulations
(e) in any other cases the Company deems suspension is inevitable

Article 11 (Termination of the App Service)

The Company may terminate the App service at any time without bearing any liability whatsoever to the User. The Company shall not be liable for any damages to the User caused by such termination of this App service.

Article 12 (Handling in Case of Business Transfer)

In the event where this App and/or the business pertaining to the App has been transferred from the Company to a third party, or, the business pertaining to the App has been inherited due to a merger and/or corporate breakup, the Company, in accordance to such a transfer, may assign the status of the User based on the Terms, the rights and obligations, the registered information and any other User information, to the transferee of such a transfer. The User shall be deemed to have consented in advance to such a transfer, etc.

Article 13 (Notification Method to the User)

1. Notification from the Company to the User regarding this App shall be done through this service, at the appropriate place within the website operated by the Company, and/or any other methods as deemed suitable by the Company.
2. Notification from the User to the Company regarding this App shall be done through this App, sending via the inquiry form located at the appropriate place within the website operated by the Company, and/or by any other methods specified by the Company.

Article 14 (Severability)

In the event any one of the provisions of Terms are deemed invalid to any extent, all other provisions of the Terms shall be unaffected and shall continue to be enforced in full force.

Article 15 (Governing Law and Jurisdiction)

1. The Terms have been prepared in the Japanese language, and shall be construed in the Japanese language. The English version shall only be used for reference. In the event of any disputes regarding the content or interpretation of the Japanese and English versions, the Japanese version shall prevail.
2. The effects, interpretations, and execution of the Terms shall be governed by and construed in accordance with the laws of Japan.
3. The Tokyo District Court shall be the first agreed court with exclusive jurisdiction for all disputes in connection with this App.
Established September 30, 2019
All right reserved by CUBE Co., Ltd.