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Terms of Service

Purpose

The Terms of Use for the information media “Tamago Daruma” planned and operated by ONE ROOF ALLIANCE (hereinafter referred to as “the Company”) (hereinafter referred to as “these Terms”) set forth the conditions of use for the services provided by the Company under the name “Tamago Daruma” (if the name or content of the service is changed for any reason, the changed service shall also be included and hereinafter referred to as “the Service”). Users of the Service (hereinafter referred to as “Users”) must comply with these Terms.

Acceptance of the Terms

  • Users must use the Service in accordance with these Terms.
  • If a User is a minor, they must obtain the consent of a legal representative such as a parent or guardian before using the Service.
  • By actually using the Service, the User is deemed to have agreed to these Terms.

Use of Personal Information

In providing the Service, the Company will use Users’ personal information in accordance with the separately established Privacy Policy, and Users agree to such use.

Copyrights

  • Copyrights and all other intellectual property rights (including personality interests such as portrait rights; the same shall apply hereinafter) related to the information provided by the Company through the Service (including not only text but also images, videos, and other content) belong to the Company or third parties that hold legitimate rights to such information.
  • Copyrights and other intellectual property rights pertaining to information that Users disclose through the Service or provide to the Company shall remain with the Users. However, Users grant the Company a license to use such information within the scope necessary for the Company’s business activities (including all forms of use such as reproduction, adaptation, modification, and sublicensing to third parties). Users agree not to exercise their moral rights of authorship against the Company in connection with the Company’s use of such intellectual property rights under this Article.

Prohibited Acts

Users must not engage in, and guarantee that they will not engage in, any of the following when using the Service:

  • Acts that infringe, or may infringe, the copyrights, other intellectual property rights, or interests of the Company or any third party; acts that violate, or may violate, laws or public order and morals
  • Acts that cause, or may cause, disadvantage to the Company, other Users, or third parties
  • Acts that interfere, or may interfere, with the operation of the Service; acts that damage, or may damage, the credibility of the Company or the Service
  • Using the Service for purposes other than those intended by the Service
  • Sending information that contains computer viruses or other harmful computer programs
  • Sending obscene information or information harmful to minors
  • Sending information related to dating or sexual encounters
  • Providing benefits or any other form of cooperation to antisocial forces (meaning organized crime groups, organized crime group members, right-wing organizations, antisocial forces, and any equivalent organizations)
  • Religious activities or solicitation to religious organizations
  • Collecting, disclosing, or providing to third parties, without the Company’s permission, personal information, registration information, usage history information, or similar data of third parties
  • Assisting or encouraging any of the acts listed above
  • Any other acts that the Company deems inappropriate

If the Company determines that a User’s conduct on the Service falls under or is likely to fall under any of the above, the Company may, without prior notice to the User, suspend all or part of the User’s use of the Service. The Company shall not be liable for any damage incurred by the User as a result of such suspension.

Changes to the Service

The Company may, at any time and for any reason, change, suspend, discontinue, or terminate all or part of the Service without prior notice to Users.

Storage of Information

Even if the Company retains, for operational purposes, posts or other information sent or received by Users for a certain period of time, the Company is under no obligation to store such information and may delete such information at any time. The Company shall not be liable for any damage incurred by Users as a result of such deletion.

Disclaimer

Users shall use the Service at their own discretion and responsibility after agreeing to the following, and the Company shall not be liable for any loss or damage incurred by Users:

  • The Company shall not be liable for any damage incurred by Users in connection with the use of or inability to use the Service, regardless of the reason.
  • The Company makes no warranty regarding the operation of the Service or its compatibility with Users’ devices or equipment.
  • The Company makes no warranty regarding the completeness, accuracy, legality, or usefulness of the Service, nor regarding the accuracy, validity, legality, usefulness, or any other aspect of information obtained through the use of the Service.
  • The Company shall not be liable for any damage arising from reduced display speed or malfunctions of the Service due to excessive access or other unforeseen causes.
  • Any transactions, communications, or disputes arising between a User and another User or a third party in connection with the Service or the Company’s website shall be handled and resolved at the User’s own responsibility, and the Company shall bear no responsibility for such matters.
  • The Company shall not be liable for any damage arising from changes, suspension, discontinuation, or termination of the Service.
  • Even if links are provided from the Company’s website to other websites or from other websites to the Company’s website, the Company shall not be liable, for any reason whatsoever, for any websites other than the Company’s own or for any information obtained therefrom.
  • The Company shall not be liable for any damage incurred by Users in connection with the Service.

User’s Liability for Compensation, etc.

Users shall use the Service at their own discretion and responsibility after agreeing to the following, and the Company shall not be liable for any loss or damage incurred by Users:

  • If a User causes damage to the Company due to a breach of these Terms or in connection with the use of the Service, the User must compensate the Company for such damage.
  • If a User receives a claim from another User or a third party in connection with the Service, or if a dispute arises between them, the User shall promptly notify the Company of the details, handle and resolve such claim or dispute at the User’s own expense and responsibility, and, upon the Company’s request, report the progress and outcome to the Company.
  • If the Company receives any claim from another User or a third party (including claims for infringement of rights) in connection with a User’s use of the Service, the User shall compensate the Company for any amount the Company is compelled to pay to such third party as a result of the claim.

Relationship with Individual Terms of Use

  • If there are separate documents distributed or posted by the Company in connection with the Service under names such as “Terms of Use,” “Guidelines,” or “Policy” (hereinafter collectively referred to as “Individual Terms”), Users must comply with both these Terms and such Individual Terms when using the Service.
  • If any provision of the Individual Terms conflicts with these Terms, the conflicting portion shall be governed by the content of the Individual Terms.

Confidentiality

  • For the purposes of these Terms, “Confidential Information” means all information relating to the Company’s technology, sales, operations, finance, organization, and other matters that a User receives, is disclosed, or becomes aware of in writing, orally, or via recording media or other means from the Company in connection with these Terms or the Service. However, the following information shall be excluded from Confidential Information:
      • (1) Information that was already public or already known to the User at the time it was provided, disclosed, or became known.
      • (2) Information that became public through publications or other means after being provided, disclosed, or becoming known, for reasons not attributable to the User.
      • (3) Information lawfully obtained from a third party with the authority to provide or disclose such information, without any obligation of confidentiality.
      • (4) Information developed independently by the User without reference to Confidential Information.
      • (5) Information for which the Company has confirmed in writing that confidentiality is not required.
  • Users shall use Confidential Information solely for the purpose of using the Service and shall not provide, disclose, or leak the Company’s Confidential Information to any third party without the Company’s prior written consent.
  • Notwithstanding the foregoing, Users may disclose Confidential Information if required by law or pursuant to an order, request, or demand of a court or governmental agency. However, in such case, the User must promptly notify the Company of such order, request, or demand.
  • If a User reproduces documents or magnetic recording media containing Confidential Information, the User must obtain the Company’s prior written consent and strictly manage such reproductions in accordance with the provisions applicable to Confidential Information.
  • If requested by the Company, Users must, without delay and in accordance with the Company’s instructions, return or destroy all Confidential Information and all documents and other recording media containing or embodying Confidential Information, as well as all copies thereof. Changes to these Terms, etc. The Company may, when it deems necessary, change these Terms and the Individual Terms at any time without prior notice to Users. The revised Terms and Individual Terms shall become effective from the time they are posted at an appropriate location on the website operated by the Company, and Users shall be deemed to have agreed to the revised Terms and applicable Individual Terms by continuing to use the Service after such revisions. Please note that we are unable to provide individual notice of such changes to each User, so Users are requested to refer to the latest version of these Terms and the applicable Individual Terms whenever using the Service.

Changes to These Terms, etc.

The Company may, when it deems necessary, change these Terms and the Individual Terms at any time without prior notice to Users. The revised Terms and Individual Terms shall become effective from the time they are posted at an appropriate location on the website operated by the Company, and Users shall be deemed to have agreed to the revised Terms and applicable Individual Terms by continuing to use the Service after such revisions. Please note that we are unable to provide individual notice of such changes to each User, so Users are requested to refer to the latest version of these Terms and the applicable Individual Terms whenever using the Service.

Assignment of These Terms

  • Users may not, without the prior written consent of the Company, assign, transfer, grant a security interest in, or otherwise dispose of their contractual status under these Terms or any rights or obligations under these Terms to any third party.
  • If the Company transfers the business related to the Service to another company, the Company may transfer its contractual status under these Terms, its rights and obligations under these Terms, and User information and other related information to the transferee of such business, and Users shall be deemed to have given prior consent to such transfer under these Terms. For the purposes of this provision, “business transfer” shall include not only ordinary business transfers but also any case in which a business is transferred, including corporate splits or other similar transactions.

Governing Law

The formation, validity, performance, and interpretation of these Terms shall be governed by the laws of Japan.

Jurisdiction

If any dispute arises in connection with these Terms or the Service, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.

 

Established August 15, 2024
ONE ROOF ALLIANCE