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Terms of Use
These Terms and Conditions prescribe the terms and conditions in using the “Teasing Master Takagi-san VR - 1st Semester” application (hereinafter referred to as “this App”) planned and run by KAYAC Inc. (hereinafter referred to as the “Company”). Please agree to these Terms and Conditions to use this App. By downloading, installing, or using this app, you are accepting to all contents of these Terms and Conditions.

Article 1 Terms and Conditions
1. The terms and conditions of use for this App are specified by these Terms and Conditions and other guidelines and rules (hereinafter referred to as “Rules, etc.”) established by the Company. Rules, etc. constitute a part of these Terms and Conditions, regardless of their names. These Terms and Conditions apply to all usage of this App by users.
2. In the event the provisions of these Terms and Conditions are different from the provisions of the Rules, etc., the Rules, etc. shall prevail, except when specified separately by the Company.
3. In the event the Company provides an English translation of the Terms and Conditions, the English version shall prevail when there is a difference between the English and Japanese versions if the user is a resident of the European Economic Area (hereinafter “EEA”) where the GDPR is applicable. For users outside of the EEA, the Japanese version shall prevail when there is a difference between the English and Japanese versions.

Article 2 Notes on Use
1. The user shall use this App in accordance with these Terms and Conditions. In addition, if the user does not agree to these Terms and the Conditions, the use of this App shall be promptly suspended and this App shall be deleted from the devices including smartphones, tablets, and VR devices (hereinafter referred to as “Devices”).
2. When using this App, the user shall prepare the necessary internet connection line, devices, etc. at his or her own expense. The Company released recommended devices that are compatible with this App, but this does not guarantee all resulting operations given that even recommended terminals may not operate properly due to communication environment, communication speed, OS updates, device settings, available capacity or equipment failure.
3. The user shall be granted a non-exclusive right to use this App as it is by one user, and shall be prohibited to (but not limited to) duplicate, lend, trade, transfer or pledge. The user shall use the App on only one device unless otherwise authorized by the Company.
4. The Company shall not be responsible for the loss of the user’s qualifications for this App in the event of loss, failure or change of the device the user uses the App on.

Article 3 Use by Minors
1. If the user is a minor, the consent of a parents or guardian shall be obtained for all usage of this App.
2. If the user is a minor, the user shall not be able to rescind any juristic act pertaining to this App for usage through using deceit, such as having obtained the consent set forth in the preceding paragraph or pretending to be an adult.
3. If the user is a minor, the Company may restrict the use of some or all of this App depending on the age of the user.
4. Depending on the device used by the user, restrictions may apply according to age. The Company shall not be responsible for any restrictions that may be placed.

Article 4 Registration, Etc.
1. The Company may set a character string to identify each user who uses this App.
2. In the event the Company determines the information registered by the user when using this App (hereinafter referred to as “registered information”) falls under the following, the registration by the user may not be approved, the registration may be deleted, or measures deemed appropriate by the Company may be taken:
a) When the registered information contains an expression that is contrary to public order or morality and offensive to a third party;
b) When the registration is by a person who has history of violating these Terms and Conditions;
c) When the registration is by an invitation by a person who has history of violating these Terms and Conditions;
d) When the purpose of the registration is to impersonate a third party;
e) When usage by a new registered user is restricted at the Company’s discretion; or
f) When the Company deems the usage of the App is inappropriate for reasons other than listed in the previous items.
3. In the event there is a change in registered information, the user shall promptly notify the change through procedures prescribed by the Company.
4. In the event a third party suffers loss or damage due to the user’s failure to notify as prescribed in the preceding paragraph, the user shall compensate for the damages.
5. The Company may delete the registration of users whose last date of access has passed a certain period of time at its discretion without notifying the user.

Article 5 Registered Information
1. The user shall be responsible for registering and managing his or her registered information.
2. The Company shall assume no responsibility for any loss or damage suffered by the user as a result of the user's forgetting or deletion of registered information, or registration of inaccurate or false information.
3. The user may not allow third parties to use registered information nor lend, transfer, trade, pledge, or disclose registered information without obtaining consent from the Company in advance.
4. In the event the App is used according to registered information, the Company can treat the usage as being used by the user who registered for the use of the App, and as a result of the use of the App, all responsibilities including usage of contents and payment of usage fees shall belong to the user who registered for the use of the App.
5. In the event of unauthorized use of registration by a third party due to inadequate management of registered information by the user, the Company shall not be responsible even when loss or damage is caused to the user.
6. In the event damage is caused to the Company or a third party following unauthorized use of a third party as mentioned in the preceding paragraph, the user shall compensate for damages to the Company and the third party.
7. In the event registered information is suspected of unauthorized use by a third party, the user shall promptly notify the Company.

Article 6 Modification, Etc. to the App
The Company may modify, add, change, suspend, terminate or delegate the operation of this App to a third party or transfer this App to a third party for any reason at any time due to the Company’s circumstances without notifying users. In this case, the Company shall not be responsible for any damage caused to users.

Article 7 Personal Information
1. For the purposes of providing the App service, the Company has prepared a separate Privacy Policy that may be found here (https://vr-takagi3.com/privacy.html).
2. The Company will abide by the guidelines of the policy should it obtain and/or use the personal information of the App’s users. By downloading, installing, and/or using the App, the user agrees to the entire content of the Privacy Policy.
3. In the event the Company provides an English translation of the Privacy Policy, the English version shall prevail when there is a difference between the English and Japanese versions if the user is a resident of the European Economic Area (hereinafter “EEA”) where the GDPR is applicable. For users outside of the EEA, the Japanese version shall prevail when there is a difference between the English and Japanese versions.

Article 8 Agreed Matters
1. In the event a user causes damage to the Company or a third party, including another user, by using this App, the user shall agree to compensate for all damages caused at his or her own expense and responsibility.
2. User shall agree to the Company aggregating and analyzing personally unidentifiable information obtained through the user’s usage of this application, and using the results for the purposes of business development, marketing, improvement and upgrading of this App of the Company and partner companies.

Article 9 Prohibited Acts
1. Users shall not engage in the following acts or behavior that may cause these acts:
a) Acts that violate laws, regulations, public order or morals;
b) Acts that constitute a criminal act in whole or in part;
c) An act of infringement of a patent right, utility model right, design right, trademark right, copyright, technical or business know-how or any other right, or a license, etc. based on such right, of the Company or a third party;
d) Acts of registering the name of an existing third-party person or organization, etc. as registered information;
e) Acts of impersonating another user or a third party when using the App;
f) Use of the App by those under the age of 16 that reside in an area where the GDPR is applicable;
g) The act of a minor using the App without the consent of a parent or guardian;
h) The act of using one user qualification among multiple persons or having one person hold multiple user qualifications;
i) The act of using this App for commercial purposes without the Company’s permission;
j) Acts of (not limited to) copying, lending, trading, transferring, pledging, etc., the usage rights of this App;
k) The act of adding significant loads on the server or network of this App;
l) The acts of using of cheat tools, bots and other technologies to manipulate the App;
m) The act of intentionally exploiting a defect in this App;
n) Access to the App with modifications made to devices, including as jailbreaking;
o) The act of copying or altering all or part of this Application, or the act of engaging in reverse engineering such as decompilation;
p) The act of redistributing the App to a third party;
q) The act of altering or deleting information on the website pertaining to this App; and
r) Any other acts the Company deems as inappropriate.
2. In the event a user has committed any of the acts listed in the items of the preceding paragraph or has violated these Terms and Conditions, the Company shall be able to take measures such as restricting, suspending, prohibiting the use of this App by the user, or deleting registered information, as deemed appropriate by the Company.
3. In the event a dispute arises between users or with a third party as a result of a user engaging in or being performed any of the acts set forth in the items of Paragraph 1 of this Article, the said user shall settle the matter at his or her own responsibility and expense, and the Company shall not assume any responsibility.

Article 10 Disclaimers
1. The user shall be responsible for using this App. The Company shall not be responsible for any action or result of using this App.
2. The user shall be responsible for installing and downloading the updated data of this App. The Company assumes no responsibility for any action or result of the user's actions or failure to install or download updated data.
3. The Company assumes no responsibility for maintenance, function modification, repair of bugs, technical support for users, etc., of this App.
4. The Company shall not be obligated to monitor any unauthorized or inappropriate use of this App by users.
5. The Company shall not be responsible for any data in this App and data provided in connection with this App, including the guarantee of their integrity, accuracy, reliability, usefulness, legality or morality.
6. The Company shall not be responsible to compensate for any damage caused by downloading from this App, computer virus infection, etc.
7. In the event that the normal operation of this App becomes impossible due to system failure pertaining to this App, communication failure, power outage, fire, natural disaster, war, civil war, riot, labor dispute, etc., the Company shall not be responsible for the damage caused to the user by such failure.
8. The Company assumes no responsibility for any damage to the user caused by any restrictions, interruptions, slowdowns, or malfunctions of the internet connection services and devices used by the user.

Article 11 Disputes Between Users, Etc.
Users are responsible for resolving any problems that arise between users or a third party, and the Company shall not be responsible for any of these disputes.

Article 12  Ownership of Intellectual Property Rights, Etc.
The elements that comprise this App (not limited to) trademark rights, design rights, copyrights (including the rights provided for in Article 27 and Article 28 of the Copyright Act) of the title and title logos, characters, backgrounds, sounds, sound effects, story, plot, worldviews, ideas, elements and settings, and all other rights including other intellectual property rights and publicity rights, belong to the Company or a third party with legitimate rights.

Article 13 Fees
1. When using this App, the user shall pay fees in accordance with the method separately prescribed. Regardless of the reason, the Company will not refund any fees that have already been paid, except as required by law.
2. The user shall comply with the payment terms and conditions set forth by the platform for the device in which this App is installed.

Article 14 Notification to Users
1. In the event notifications from the Company is made through displaying on this App, the Company shall deem the notification reached users when they are displayed.
2. In the event notifications are sent from the Company to the email address registered in the Company, the Company shall deem the notification reached users when it should normally arrive.
3. In the event notifications from the Company are sent through push notifications, the Company shall deem the notification reached users when it should normally arrive.

Article 15 Prohibition of Assignment of Rights and Obligations
Users shall not assign or provide as security any user qualification pertaining to this App or any rights or obligations based on the user qualification to a third party.

Article 16 Suspension of Use, Etc.
1. For the cases listed in the following items, the Company may restrict or suspend the use of this App without notifying or warning the user in advance:
a) If the user does not use this App for a period of time separately stipulated by the Company;
b) In the event another user or a third party files a complaint or request to the Company regarding the use of the Company’s services by the user, including this App, and the Company determines it necessary to restrict or suspend use;
c) In the event the user does not pay fees;
d) In the event the user is or was found to be part of an antisocial group;
e) In the event it is necessary for maintenance of this App;
f) In the event there are problem with the system of this App; and
g) In the event there is any other act in violation of these Terms and Conditions.
2. The Company shall not be obligated to disclose to the user the reason for the action set forth in the preceding paragraph.
3. In the event the Company suffered damages as a result of a user falling under any of the items of Paragraph 1 (excluding Items a), e) and f)) of this Article, the Company may claim damages from the said user.

Article 17 Termination of Use
1. The user may discontinue use of this App by uninstalling. The user shall agree that any remaining content at the time of termination of use will be removed upon uninstallation.
2. In the event the user uninstalls the App, the Company bears no responsibility to retain the user's usage history, registered information, personal information, etc.
3. Even if the user voluntarily uninstalls the App, the terms and conditions shall apply as the user shall continue to agree to the Terms and Conditions.
4. The Company may terminate permission for even before the user terminates usage pursuant to Paragraph 1 of this Article.

Article 18 Revision of Terms and Conditions
The Company may modify these Terms without the user’s consent. In this case, unless otherwise stipulated by the Company, the revised Terms and Conditions shall become effective from when they displayed on this application or the official website.

Article 19 Validity of the Terms
1. In the event these Terms and Conditions are applicable to the consumer contract as prescribed in the Consumer Contract Act, the provisions of these Terms and Conditions that completely exempt the Company from liability for damages shall not apply.
2. When the damage caused to the user is due to default or tort in the preceding paragraph, the Company shall be liable for damages for up to the amount of damages that the user has directly and actually incurred within the amount of fees received from the user, and shall not be liable for any special damage.
3. In the event these Terms and Conditions are in violation of laws and regulations, only the provisions of the Terms and Conditions that are in violation of laws and regulations shall become invalid, and the remaining provisions shall remain valid.
4. Even in the event these Terms and Conditions are partially invalid or revoked in relation to a particular user, the Terms and Conditions shall be valid in relation to other users.

Article 20 Governing Laws and Jurisdiction
1. These Terms and Conditions shall be construed in accordance with the laws of Japan.
2. Disputes between the Company and the user shall be in accordance with the Laws of Japan, and the Tokyo Summary Court or the Tokyo District Court shall be the exclusive court of jurisdiction of the first instance in accordance with the jurisdictional amount.

Effective May 21, 2020