Mr. Drosselmeyer’s GOD OF WALK App Terms of Use

To use “Mr. Drosselmeyer’s GOD OF WALK App” (hereinafter referred to as “the App”), you (defined in Article 1) must agree to the “Drosselmeyer’s Divine Walk App Terms of Use” (hereinafter referred to as “these Terms”). These Terms constitute an agreement between you and “Ikezawa Engineering” (hereinafter referred to as “our company”) and will apply when you use the App. Please read all the terms of these Terms before using the App. If you start using the App, it will be deemed that you have agreed to these Terms and this policy.

Article 1 (Application)

The term “customer” refers to any individual who agrees to these Terms, including minors who use the App as a result of their legal representative, such as a parent, agreeing to these Terms.

These Terms shall apply to all relationships related to the use of the App between the customer and our company.

In addition to these Terms, our company may establish various rules and provisions (hereinafter referred to as “Individual Provisions”) regarding the use of the App. These Individual Provisions, regardless of their name, constitute a part of these Terms.

In the event that the provisions of these Terms conflict with those of the Individual Provisions mentioned in the previous article, the provisions of the Individual Provisions shall prevail, unless otherwise specifically stipulated in the Individual Provisions.

Article 2 (Use of the App)

1. Customers shall use the App in accordance with these Terms and other conditions specified by our company. Furthermore, minor customers must obtain the consent of their legal representative, such as a parent, for all aspects of using the App.
2. The preparation and maintenance of the necessary information terminal, communication line, and other communication environment for using the App shall be done at the customer’s expense and responsibility. Customers also agree that the content of the App available to them may be partially restricted due to the specific conditions of their information terminal and communication environment. In such cases, our company bears no responsibility for any disadvantage or damage incurred by the customer due to the partial restriction of the App’s content.

Article 3 (License to Use the App)

1. Subject to the customer’s compliance with these Terms and other conditions set by our company, we grant the customer the right to use the App within the scope necessary for using the App in accordance with the provisions of the previous article.
2. The license granted in the preceding paragraph is non-exclusive, non-transferable, and non-sublicensable. Our company may limit the duration and number of uses of the App and may apply other additional conditions. Furthermore, for reasonable reasons beyond those specified in these Terms, our company may revoke this license at any time. Our company bears no responsibility for any disadvantage or damage incurred by the customer due to the revocation of this license.

Article 4 (About Data in the App)

1. This App records some information on the customer’s information terminal.
2. The App is compatible with backups provided by the operating system (hereinafter referred to as “OS”) of the information terminal. However, the creation of backup data is at the customer’s discretion and responsibility. If the backup data has not been created, and data cannot be restored to the latest state when reinstalling the App or transferring data to a different information terminal, our company bears no responsibility.
3. The App does not support data transfer to an incompatible OS.

Article 5 (User Content)

1. Content created or provided to our company by the customer in the use of the App is defined as User Content.
2. Customers may share or transmit User Content with other third parties using the App.
3. Customers acknowledge and agree that their User Content may be used (including modified versions) by other third parties and will not raise any objections to this.
4. Customers represent and warrant to our company that they retain all rights to the User Content they share or transmit, or possess all necessary permissions, that such User Content does not violate the terms of these Terms, and does not infringe upon the rights or interests of any third party. Furthermore, if any third party makes a claim against our company for damages or other claims arising from or related to such User Content, the customer agrees to indemnify our company for all such claims.

Article 6 (Intellectual Property Rights)

1. Customers acknowledge that our company or third parties who have granted us a license hold all copyrights, moral rights of authors, patent rights, trademark rights, and other intellectual property rights or similar rights (hereinafter referred to as “Intellectual Property Rights”) related to the App and the content provided.
2. Our company grants customers the right to use the provided content to the extent necessary for using the App in accordance with the provisions of Article 2 (Use of the App) of these Terms. However, this does not transfer to customers the right to freely use, profit from, manage, or dispose of all or part of the provided content, nor does it grant such rights.
3. Even if trademarks, logos, and service marks are displayed on the App, our company does not transfer these trademarks, etc., to customers or third parties, nor does it grant permission to use them.

Article 7 (Prohibited Actions)

Customers shall not engage in the following actions when using the App:

1. Actions that violate laws, regulations, or public order and morals.
2. Actions related to criminal activity.
3. Actions that infringe the copyrights, trademark rights, or other intellectual property rights included in the App’s content.
4. Actions that destroy or interfere with the functionality of servers or networks belonging to our company, other customers, or other third parties.
5. Commercially utilizing information obtained through the App.
6. Reverse engineering or any other acts intended to analyze the source code of the App.
7. Actions that could hinder the operation of our company’s services.
8. Collecting or accumulating personal information about other customers.
9. Using the App for fraudulent purposes.
10. Actions that cause disadvantage, damage, or discomfort to other customers of the App or other third parties.
11. Impersonating other customers.
12. Advertising, promoting, soliciting, or engaging in business activities on the App without our company’s permission.
13. Actions aimed at meeting strangers of the opposite sex.
14. Actions that directly or indirectly provide benefits to antisocial forces in connection with our company’s services.
15. Any other actions that our company deems inappropriate.

Article 8 (Suspension of the App)

Our company may suspend or interrupt the provision of all or part of the App without prior notice to the customer if any of the following circumstances occur:

1. Maintenance, inspection, or updating of the computer system related to the App.
2. Overload or malfunction of the App’s servers due to excessive access or other factors.
3. Difficulty in providing the App due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters.
4. Stopping of computers or communication lines due to an accident.
5. Other cases where our company deems it difficult to provide the App.

Our company shall not be liable for any disadvantage or damage incurred by the customer or third parties due to the suspension or interruption of the App’s provision.

Article 9 (Customer’s Responsibility)

1. Customers shall use the App at their own risk and assume all responsibility for their actions and the results thereof within the App. Customers are responsible for backing up photos that they have processed or decorated using the App.
2. If customers cause disadvantage or damage to our company due to reasons attributable to them, including violations of these Terms, they are obligated to promptly compensate for such disadvantage or damage.

Article 9 (Disclaimer of Warranty and Limitation of Liability)

Customers acknowledge the following:

1. The App and the content provided, as well as all related information, are provided “as is” without any warranty. Our company does not warrant the accuracy, usefulness, completeness, error-free, bug-free, defect-free, non-infringement of third-party rights, expected nature, commercial value, or compliance with applicable laws or internal rules of such information.
2. Our company does not guarantee that the App is compatible with all information terminals. Operational issues may arise with the App due to OS updates or other changes in information terminals. Our company does not guarantee that these issues will be resolved through program modifications or other actions.
3. Our company is not liable for any disadvantage or damage incurred by the customer due to the use of the App.
4. In the event of a dispute between customers or between a customer and a third party concerning the App, the customer shall notify our company and resolve the dispute at their own responsibility and expense. Our company has no obligation to be involved in such disputes and bears no liability.
5. Our company is not liable for any disadvantage or damage caused by interruptions, delays, cessation, data deletion, or other issues related to the App’s services due to communication line or computer system failures, including unauthorized access to data.

Notwithstanding the provisions of the previous paragraph and other terms of these Terms, our company shall be liable for damages if the cause is attributable to our company. However, unless there is intent or gross negligence on our part, we are not liable for any damages that exceed the normally foreseeable damages and the actual damages incurred, even if we were aware of the possibility of such damages occurring.

In cases where our company is liable for damages as per the previous paragraph, the liability shall be limited to the total amount of service fees received from the customer for the use of this service and shall only cover direct damages incurred by the customer (excluding lost profits, consequential damages, and other indirectly incurred damages). This limitation does not apply if there is intent or gross negligence on the part of our company.

Article 10 (Amendment of Terms of Use)

Our company may amend these Terms without the individual consent of the customer in the following cases:

1. When the amendment of these Terms is in the general interest of the customers.
2. When the amendment of these Terms is not contrary to the purpose of the contract for using the App, and when the necessity of the amendment, the reasonableness of the content after the amendment, and other circumstances related to the amendment are considered reasonable.

Our company will notify the customer in advance of the amendment of these Terms as per the previous paragraph, including the details of the amended Terms and the effective date of such amendment.

Article 11 (Notices and Communications)

Notices and communications between the customer and our company shall be conducted in the manner specified by our company. Unless our company receives a change notification from the customer in the manner separately specified by us, the currently registered contact information will be considered valid. Notices and communications to these contacts will be deemed to have reached the customer at the time of sending.

Article 12 (Prohibition of Transfer of Rights and Obligations)

Customers may not transfer or provide as security their status in the usage contract or any rights or obligations under these Terms to a third party without the prior written consent of our company.

Article 13 (Governing Law and Jurisdiction)

The interpretation of these Terms shall be governed by Japanese law.

In the event of a dispute regarding the App, the courts located at our company’s head office shall have exclusive jurisdiction by agreement.

That concludes the translation of the provided text.