PunchFit Termes of Use
Enacted 08/08, 2021
The Strippers Co., Ltd.
These Terms of Use (these “Terms”) set forth the terms and conditions for using the “PunchFit” service (the “Service”) provided by The Strippers Co., Ltd. (the “Company”), among other things. All Users are required to acknowledge the content of these Terms and consent to these Terms in their entirety in order to use the Service.
1.Definitions
For purposes of the Terms, the following terms have the following meanings.
“Service” means all services relating to “Punchfit” provided by the Company.
“Application” means the application software for the Service provided by the Company.
“Users” means all users of the Service.
“Terms” means the PunchFit Terms of Use, Privacy Policy, and Individual Terms of Use etc., all of which apply as part of these Terms.
“Privacy Policy” means the PunchFit Privacy Policy specified by the Company.
“Individual Terms of Use etc.” means individual terms of use or rules etc. relating to the Service. The Company may be entitled to prepare Individual Terms of Use etc. as necessary in the provision of the Service, and the Individual Terms of Use etc. so prepared shall be published on the Service or notified to Users in the manner specified by the Company.
“External Service” means Twitter, Facebook, or other external service operated by a third party.
“Distribution Service” means an application distribution service provided by a third party.
2.Scope of Application
The purpose of the Terms is to set forth the terms and conditions for the provision of the Service and the rights and obligations between the Company and Users and the Terms shall be applied to all aspects of the relationship between Users and the Company in connection with the Service.
The Company may be entitled to prepare Individual Terms of Use etc. at its discretion. These Individual Terms of Use etc. shall be published on the Service and will apply as part of these Terms. If the content of these Terms differs from such Individual Terms of Use etc., the Individual Terms of Use etc. shall prevail.
3. Consenting to These Terms
In order to use the Service, Users must consent to these Terms and use the Service in accordance with these Terms.
By using the Service, Users are deemed to have acknowledged the content of these Terms and consented to these Terms (including consent to the Company’s handling of user information including Users’ personal information in accordance with the Privacy Policy). If Users do not consent to the foregoing, please discontinue use of the Service.
If a User is a minor, he or she must obtain the prior consent of a parent, guardian, or other legal representative before using Service. If you do not have the consent of a legal representative, please discontinue use of the Service.
4. Use Fees
As consideration for the use of the Service, Users shall pay to the Company the use fees separately specified by the Company and displayed on the Service, the Company’s website, or the Distribution Service, in the manner specified by the Company.
In cases where the Company specifies use fees on the Service in addition to the preceding paragraph for when Users use additional functions or content or other services on the Service (including without limitation fees for the function so that advertisements are not displayed on the Service), Users shall pay the use fees separately specified by the Company and displayed on the Service, the Company’s website, or the Distribution Service to the Company in the manner specified by the Company.
If a User fails to pay the aforementioned fees when due and payable, it shall be obligated to pay a default penalty at the rate of 14.6% per annum.
5.Attribution of Rights
All copyrights (including the rights specified in Article 27 and Article 28 of the Copyright Act; hereinafter the same), patent rights, trademark rights, all other intellectual property rights (including the right to acquire or apply for registration of any such rights, as well as rights added through future revisions etc. of laws and regulations; hereinafter the same), ownership rights, and other property rights relating to the Service owned the Company or any person who has granted to the Company license to use such rights.
The license to use the Service pursuant to these Terms does signify any transfer or license to use, utilize, or work any of the intellectual property rights of the Company or any person who has granted to the Company such license relating to the Service.
6.Prohibited Act
Users shall not engage in any of the following acts when using the Service.
acts that breach these Terms;
acts that violate laws and regulations;
acts relating to criminal activity;
acts that may harm public order or good morals;
Providing benefits to or otherwise cooperating with any anti-social forces etc.;
Infringing on any copyrights, design rights, patent rights, utility model rights, or other intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of the Company, other Users, or other third parties;
Using the Service for a purpose other than its intended use;
acts that interfere with or impedes the operations of the Service or the use of the Service by other Users;
Transmitting computer viruses or other harmful computer programs;
Altering, adapting, reverse-engineering, decompiling, or disassembling etc. data or other software etc. provided in the Service;
Altering or deleting information of the Company, other Users, or other third parties;
Collecting or saving information of other Users;
acts comparable to the act of any of the preceding items;
Assisting or encouraging the act of any of the preceding items; and
Other acts that the Company finds likely to fall under the act of any of the preceding items, or that the Company finds inappropriate.
7.Deleting the Application
A User can terminate the use of the Service by deleting the Application from any terminals used by the User.
When a User deletes the Application, all or part of the usage data from the Service relating to the User (including without limitation the progress of the Service etc.) will be deleted. The Company is not obligated to recover deleted usage data.
Even if a User deletes the Application, provisions of these Terms that should survive because of their nature (including without limitation provisions stipulating attribution of rights, prohibited matters, handling of personal information, and the Company’s disclaimers) shall remain in effect.
8.Suspension of Use etc.
If a User falls under any of the following items, the Company may be entitled to suspend such User’s use of the Service or take other measures (“Suspension or Other Measures”) without prior notice or warning.
Cases where a User uses the Service or causes the Service to be used wrongfully.
Cases where a User engages in act that falls under any of the prohibited act set forth in the items of the preceding article;
Cases where a User suspends payment or becomes insolvent, or is the subject of a petition for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation, or commencement of any comparable proceedings;
Cases where a User is the subject of a court decision for commencement of guardianship, commencement of curatorship, or commencement of assistance;
Cases where the Company finds that a User is an anti-social force etc., cooperates with or is involved in the maintenance, operation, or management of any anti-social force etc. through the provision of funds or otherwise, or has any other interactions or involvement with any anti-social force etc.;
Other cases where the Company finds that a User has breached or is likely to breach any of the provisions of these Terms;
Other cases where the Company finds that Suspension or Other Measures are appropriate.
If any of the preceding items applies, the User will immediately forfeit the benefit of time with respect to all obligations owed to the Company as a matter of course, and must immediately pay all obligations to the Company.
The Company shall not be liable for any damage suffered by Users because of Suspension or Other Measures taken by the Company pursuant to Paragraph 1.
9.Modification and Termination of the Service
The Company shall be entitled to modify or terminate part or all of the Service if it finds it necessary. When terminating the Service, the Company shall notify Users in advance. The Company shall not be liable for any damage suffered by Users because of modification or termination.
10.Suspension of the Service
In any of the following cases, the Company may be entitled to suspend part or all of the Service without notifying Users in advance. The Company shall not be liable for any damage suffered by Users because of such suspension.
A case where an inspection or maintenance work is to be carried out for equipment, systems, or communication lines etc. for providing the Service;
A case where the Service is suspended because of an accident involving or the failure of equipment, systems, or communication lines etc. for providing the Service;
A case where it becomes impossible to operate the Service because of a fire, power outage, earthquake, natural disaster, or other force majeure; and
Other cases where the Company finds suspension necessary.
11.Preparing the Use Environment for the Service
An internet connection is required to use the Service. Users shall prepare and maintain computers, software and other devices, communication lines and other communication environments etc., and virtual reality devices and other devices etc. necessary for that purpose at their own expense and responsibility, and communication fees for use shall be borne by Users. The Company does not guarantee that the Service will be compatible with all devices etc.
Users may obtain the Application through a Distribution Service. The Company makes no guarantee regarding the performance, content, or continuity of the Distribution Services. The Company will not be liable even if a User becomes unable to obtain the Application because of the discontinuation or suspension of all or part of a Distribution Service due to failure or other reasons.
12.Viewing and Use of Usage History etc.
The Company may be entitled to create statistical data and attribute information etc. that is processed, aggregated, and analyzed so that the Users’ usage histories and user information etc. in the Service cannot be distinguished or identified, and view and use such usage histories, statistical data, and attribute information etc. without any restrictions (including without limitation the development of new functions for the Service and market research), and Users are deemed to have consented to the foregoing in advance.
13.Linking with External Services
When a User uses the External Service linking function, the User shall use the linking function after acknowledging and consenting to each of the following items in advance. When logging in using the linking function, a User may be asked for permission for the Company to access data, and the linking function can be used only if permission is given after acknowledging the content thereof.
That the Company may acquire information relating to the User registered with the External Service operator and display it in the Service;
That the Company will post to the External Service on behalf of the User; and
That when the Company posts to an External Service on behalf of a User, the posting will include information such as the URL of the web page relating to the relevant content.
Users shall comply with the provisions of the terms of use etc. specified by the operators of External Services with respect to all use of External Services, including External Service user registrations and posting of User content to External Services.
When using any External Service, Users shall use such External Service at their own expense and responsibility, and the Company shall not be liable for any damage caused by using such External Service, trouble that arises with the operator or users of such External Service, or any other matters relating to such External Service.
14.Linking to External Sites
With respect to external sites linked to from content or advertisements on the Service, the Company makes no warranty, expressed or implied, regarding the accuracy, promptness, completeness, merchantability, or fitness for a particular purpose of any information displayed on such external sites, and the Company shall not be liable for any damage or disadvantages caused to a User or a third party through the use of external sites. Users are asked to use external sites at their own discretion and responsibility.
15.Amendment
The Company may be entitled to change these Terms at any time as necessary.
If the Company changes these Terms, it shall inform Users of the content and effective date of the modified Terms by displaying them in an appropriate place on the Service or by another appropriate method, or notify Users in a manner designated by the Company, and the modified Terms shall come into effect from such effective date. If a User continues to use the Service after the modified Terms are posted on the Service, the User will be deemed to have consented to the changes to these Terms.
16.Handling of Personal Information etc.
The Company will properly handle user information, including Users’ personal information, in accordance with the Privacy Policy. Users hereby consent to the Company’s handling of Users’ user information in accordance with the Privacy Policy.
17.Self-Responsibility
Users shall bear all risks and responsibilities (including without limitation the following) with respect to the use of the Service and all actions relating to their use of the Service, and the Company shall bear no liability except in cases attributable to the Company.
Users shall consider their surroundings and use the Service in a safe place and in a safe manner. Users shall be fully liable for any damage to the life, body, or property of a third party caused by their use of the Service.
In cases where a User has or is in a condition such as pregnancy, medication use, drinking of alcohol, hypertension, heart disease, respiratory illness, dizziness, claustrophobia, hyperacusis, fear of the dark, other illness, use of medical device such as a cardiac pacemaker, or is at risk of causing health deterioration by using the Service, the User shall use or discontinue use of the Service in accordance with a physician’s diagnosis. A User shall discontinue use of the Service if he or she feels rough skin, eyestrain, visual field discomfort, motion sickness, or other deterioration of health or physical condition.
Users shall take appropriate breaks when using the Service.
18.No Warranty; Disclaimer
The Company makes no warranty, either expressly or implicitly, that the Service is free of de facto or legal defects (including safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security flaws, errors or bugs, and rights infringement), and the Company is not obligated to Users to remove such defects before providing the Service.
The Company makes no warranty that Users will not suffer damage from computer viruses or other harmful programs when using the Service.
The Company makes no warranty the operation of any devices or software that Users use when using the Service.
The Company shall not be liable for any damage suffered by Users because of the Service, except in cases attributable to the Company.
Notwithstanding the other provisions of these Terms (excluding the following paragraph), in a case where the contract between a User and the Company for the Service falls under a consumer contract as specified in Article 2, Paragraph 3 of the Consumer Contract Act, the Company will be liable pursuant to the Consumer Contract Act.
Even in a case where the Company is liable to a User for any reason, excluding cases of willful misconduct or gross negligence by the Company, regardless of whether the Company foresaw or could have foreseen the matter, the Company’s liability for damages will be limited to direct and ordinary damage actually suffered by the User, and the Company shall not be liable for any indirect damage, special damage, or lost profits, and further, the amount of damages shall be limited to the amount of use fees paid by the User to the Company pursuant to Article 4, Paragraph 1.
19.Assignment etc. of Status under these Terms
A User may not assign, transfer, create a security interest in, or otherwise dispose of his or her status under these Terms or any rights or duties pursuant to these Terms to a third party without the prior written consent of the Company.
Users shall not assign, transfer, grant security interests on or otherwise dispose of the Terms or its rights or obligations under the Terms without the prior written consent of the Company.
Users are deemed to have acknowledged and consented in advance
that if another company comprehensively succeeds the rights and obligations of the Company through a merger etc., the Company’s rights and duties pursuant to these Terms and User information and other customer information will also be transferred to the other company in conjunction with the merger etc.; and
that even if the Company’s shareholders change through a share assignment, share exchange, or share transfer etc., the share assignment, share exchange, or share transfer etc. shall not affect rights and duties pursuant to these Terms.
20.User Responsibilities, Handling of Disputes, and Damages
Users shall use the Service at their own responsibility, and shall be responsible for all acts carried out using the Service and the results thereof.
Users shall compensate the Company for any damage they cause to the Company by breaching these Terms or in connection with the use of the Service.
Even if a dispute etc. arises between a User and another User or other third party in connection with such User’s use of the Service, the User shall handle the dispute etc. at his or her own expense and responsibility.
If the Company receives any claim from another User or other third party for infringement of rights or other reasons in connection with a dispute etc. set forth in the preceding paragraph, the User must compensate the Company for the amount that it was forced to pay to the relevant third party pursuant to such claim.
21.Severability
If any provision of the Terms or a part thereof is held to be invalid or unenforceable under Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.
22.Governing Law and Jurisdiction
The Japanese version of these Terms shall be the official text and shall be governed by the laws of Japan without regard to conflict of laws principles.
Any and all disputes arising out of or in connection with the Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan in the first instance.
23.Contact and Notification
Inquiries and other communications or notifications from Users to the Company regarding the Service, as well as notifications from the Company to Users regarding amendment of the Terms, shall be made in a manner determined by the Company.
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