These Terms of Service ("Terms") set forth the conditions for the use of the Boosteem service ("Service"). By creating an account for or using any part of the Service, you agree to these Terms.

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 1. Application

These Terms apply to all relationships between you, as the user of the Service, and us concerning the use of the Service. We may establish various rules and regulations ("Individual Provisions") for the use of the Service in addition to these Terms. Regardless of their names, Individual Provisions shall constitute a part of these Terms.

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In the event that any provision of these Terms conflicts with any provision of the Individual Provisions, the Individual Provisions shall prevail unless otherwise specified.

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 2. Use of the Service and Account

To use the Service, you must understand and agree to these Terms and create an account. However, you cannot create an account if you are under the age of 13. If we determine that you are under the age of 13, we will delete your account without prior notice to you.

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When creating an account, you must register your information. The information you register must be accurate and up-to-date.

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You are responsible for appropriately managing your password for the Service.

 

We will regard all actions performed using your registered password as actions performed by you.

 

If you use the Service on behalf of a company or organization, you represent that you have the authority to bind that company or organization to these Terms, and you agree to these Terms on behalf of that company or organization (in which case "you" and "your" as used in these Terms will refer to both you as an end user and that company or organization).

 

If you violate or we determine that you may violate these Terms, we may invalidate or delete your account without prior notice.

 

If you delete your account, it cannot be restored.

 

We may invalidate or delete accounts that have not been accessed for one year without prior notice.

 

You may terminate the Service by following the withdrawal procedures prescribed by us.

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 3. License

You are granted a license to use the Service. This license is non-exclusive, limited, non-transferable, non-sublicensable, revocable, and worldwide in scope.

You may not transfer, lend, or share your license to use the Service with any third party under any circumstances.

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 4. Prohibited Actions

When using the Service, you must comply with these Terms and all applicable laws, and you must not engage in the following actions:

• Actions that violate laws or public order and morals

• Actions that endanger or may endanger others

• Deceptive or fraudulent actions towards others

• Actions that destroy or interfere with the servers or network functions of us, other customers, or third parties

• Actions that interfere with or may interfere with the operation of us

• Actions that collect, disclose, provide, or accumulate personal information of other customers

• Unauthorized access or attempts thereof

• Impersonation of us or other customers, or dissemination of false information intentionally

• Directly or indirectly providing benefits to anti-social forces in relation to our services

• Actions that infringe the intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of us, other customers, or third parties

• Excessively violent expressions

• Explicit sexual expressions

• Expressions leading to discrimination based on race, nationality, creed, gender, social status, family origin, etc.

• Expressions that induce or encourage suicide, self-harm, or drug abuse

• Other antisocial content that causes discomfort to others

• Business, advertising, publicity, solicitation, or other profit-oriented activities (except as approved by us)

• Religious activities or solicitation to religious groups

• Actions for the purpose of sexual or obscene behavior

• Actions aimed at meeting or dating unknown persons of the opposite sex

• Displaying or causing the display of information equivalent to child pornography or child abuse

• Actions aimed at harassing or defaming other customers

• Actions aimed at causing disadvantage, damage, or discomfort to us, other customers, or third parties

• Leasing, exchanging, transferring, changing names, selling, pawning, or providing as collateral the usage rights or data of the Service to third parties

• Answering, commenting, analyzing, or recommending without holding appropriate licenses or qualifications

• Incorporating the Service or part of it into another program or product

• Using automated scripts to collect information from the Service

• Using the Service for purposes other than the intended use of the Service

• Assisting, promoting, or facilitating any of the aforementioned actions

• Other actions deemed inappropriate by us

If you engage in any of the prohibited actions described above, we reserve the right, at our discretion and without prior notice, to delete or invalidate your account at any time, regardless of the reason.

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 5. Provision of the Service

We may add, change, suspend, restrict, interrupt, or terminate all or part of the Service without prior notice if deemed necessary.

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We shall not be liable for any disadvantage or damage suffered by the customer or third parties due to the addition, change, suspension, restriction, or termination of the Service.

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 6. Content

You may only use the Service to post or upload content for which you hold the necessary intellectual property rights or have obtained the necessary permissions from the rights holders.

 

The rights to the content you post or upload using the Service shall remain with you or other existing rights holders. However, by posting or uploading content using the Service (including usernames, profile images, comments, etc.), you grant us a royalty-free, sublicensable, transferable, worldwide license to host, store, cache, use, display, reproduce, modify, adapt, edit, publish, analyze, transmit, and distribute such content, and you agree not to exercise your moral rights.

 

Except as provided in the preceding paragraph, all copyrights and other intellectual property rights related to the Service and all information related to the Service belong to us or the rights holders who have granted us permission to use them. You shall not reproduce, transfer, lend, translate, modify, reprint, publicly transmit (including making transmittable), distribute, publish, or use for commercial purposes without permission.

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 7. Disclaimer and Limitation of Liability

The Service is provided as-is, and we make no express or implied warranties regarding the absence of defects (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc.) in the Service.

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We have no obligation to provide the Service without defects.

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We make no warranties that the Service will meet your requirements, that the Service will be uninterrupted, secure, or error-free, or that the information obtained through the Service will be accurate or reliable, and we assume no responsibility for any of these.

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We shall not be liable for any damage arising from the Service.

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We shall not be liable for any damage arising from special circumstances (including cases where we or you could foresee or could have foreseen the occurrence of damage) caused by our breach of contract or tort.

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We shall not be liable for any transactions, communications, or disputes that arise between you and other customers or third parties in relation to the Service. Costs related to terminal devices for the use of the Service shall be borne by you, and you should contact your contracted provider regarding such costs.

 

The Service is intended for household and personal use, and you may not use it for commercial purposes. We assume no responsibility for any damage incurred due to using the Service for purposes other than its original intent.

 

We assume no responsibility for your actions, and we shall not be liable for any damage caused to you or third parties due to such actions.

 

We assume no responsibility for services or functions accessed through the Service provided by others or other companies.

 

We assume no responsibility for any future losses of your interests or information, even if we become aware of the potential occurrence of such damage.

 

The above provisions shall apply even if we delete your account and content.

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 8. Changes to these Terms

We may change our Terms without prior consent from you.

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If we make significant changes to these Terms, we will make efforts to notify you, but you should also periodically review the terms of these Terms.

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If you do not agree to the changes to these Terms, you can delete your account.

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 9. Handling of Personal Information

We will handle personal information obtained through the use of the Service in accordance with our Privacy Policy.

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 10. Notices or Communications

Notices or communications to you from us will be made by posting in a location deemed appropriate by us within the Service or by a method selected by us.

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Notices or communications to us from you will be made by sending inquiries through the inquiry form within the Service or by a method specified by us.

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We welcome your feedback. However, if you provide feedback or suggestions, you acknowledge that we can use them without compensation or obligation to you, and you agree that we will own all rights to anything developed based on such feedback or suggestions.

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 11. Prohibition of Assignment of Rights and Obligations

You may not assign or provide as collateral your position under these Terms or your rights or obligations under these Terms to any third party without prior written consent from us.

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 12. Transfer of Business

If we transfer the business of the Service to a third party, we may transfer the position under these Terms, the rights and obligations under these Terms, and the registered information and other information of the customers to the transferee, and you agree in advance to such transfer.

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 13. Indemnification

You agree to indemnify, defend, and hold harmless us from all claims, liabilities, and expenses (including reasonable attorneys' fees) that arise from your use of the Service or your violation of these Terms, to the extent that such claims, liabilities, and expenses are caused by you or attributable to you.

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 14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Japan.

 

In the event of a dispute between you and us regarding the Service, the Tokyo District Court shall have exclusive jurisdiction in the first instance.

 

Effective Date: 23 November 2022