These Terms of Use (hereinafter referred to as the “Terms”) set forth the matters to be observed by the users of the Service (as defined in Article 2) provided by Chooning Inc. (hereinafter referred to as the “Company”) as well as the rights and obligations of the Company and such users with respect to the use of the Service. All persons intending to use the Service are required to review the entire text of the Terms before agreeing to the Terms.
1.1 The Terms define the rights and obligations of the Company and the Registered Users (as defined in Article 2), and apply to any relationship between the Company and the Registered Users with respect to use of the Service.
1.2 Rules and regulations concerning the Service posted by the Company on the Website (as defined in Article 2) from time to time shall constitute part of the Terms.
For the purposes of the Terms, the following terms shall have the meanings ascribed to them below:
(1) “Third Party Services” means the Company’s prescribed services provided by third parties, such as Spotify, and that are used in relation to the Service.
(2) “Third Party Provider” means an entity that provides Third Party Services.
(3) “Third Party Terms of Use” means the terms that apply to the legal relationship between the Registered User and the Third Party Provider.
(4) “Intellectual Property Rights" means copyrights, patents, utility model rights, trademark rights, and any other intellectual property rights including, without limitation, the right to acquire such rights or to file an application for the registration of such rights.
(5) “Website” means the website operated by the Company with the domain name chooning.app , including the website following any changes to the domain name or contents thereof for any reasons.
(6) “Applicant” has the meaning given to it in Article 3.
(7) “Registration Information” has the meaning given to it in Article 3.
(8) “Registered User” means a natural or legal person who is registered as a user of the Service in accordance with the provisions of Article 3.
(9) “Application” means the application provided by the Company for use of the Service.
(10) “Service” means the service named Chooning provided by the Company including, any services following any changes to the name or content thereof for any reasons.
(11) “Paid Service” means the services among the Services that can be used by Registered User by paying a fee to the Company.
(12) “Service Agreement” has the meaning given to it in Article 3.4.
3.1 Any person that intends to use the Service (hereinafter referred to as the “Applicant”) may apply to the Company for registration as a user of the Service by agreeing to abide by the Terms and providing the Company with the information required by the Company (hereinafter referred to as the “Registration Information”) in the manner specified by the Company.
3.2 The application for registration must be made by the natural or legal person that will use the Service and applications by proxy will not be accepted. For each application for registration, the Applicant shall provide true, correct and current information to the Company.
3.3 The Company may reject an application for registration if:
(1) the Company determines that the Applicant is likely to violate the Terms;
(2) the Registration Information submitted to the Company contains, in whole or part, false or erroneous statements or omissions;
(3) a previous registration of the Applicant for the use of the Service was cancelled;
(4) the Applicant is a minor (miseinensha), an adult ward (seinen-hi-koukennin) , a person under curatorship (hi-hosanin) or a person under assistance (hi-hojonin) and has not obtained the necessary consent of its respective legal representative, guardian, curator or assistant;
(5) the Company determines that the Applicant is an Antisocial Force (which means collectively organized crime groups (boryokudan), organized crime group members, quasi organized crime group members, persons for whom 5 years have not yet passed since ceasing to be organized crime group members or quasi organized crime group members, organized crime group-associated companies, corporate extortionists (sokaiya), rogue persons proclaiming themselves as social activists (shakai undo to hyobo goro), organized special intellectual crime groups (tokushu chino boryoku shudan) and other groups or individuals seeking economic benefit by conducting or using violence, force or fraud), or the Company determines that the Applicant is associated with or involved with any Antisocial Force in any manner such as cooperating or engaging in the maintenance, operation or management of any Antisocial Force through funding or any other method; or
(6) the Company otherwise reasonably determines that acceptance of the application for registration would be inappropriate.
3.4 The acceptance or rejection of applications for registration shall be determined by the Company in accordance with criteria established by the Company, including, without limitation, the items of Article 3.3. The registration of an Applicant as a Registered User shall be deemed to have been completed when the Company issues to the Applicant a notice stating that the application has been accepted. The completion of the registration constitutes the execution of the agreement (the “Service Agreement”) between the Registered User and the Company with respect to the use of the Service in accordance with the Terms
3.5 In the event of any change in its Registration Information, the Registered User shall promptly notify the Company of the updated information in accordance with the procedure specified by the Company and submit to the Company the materials as required by the Company.
During the effective term of the Service Agreement, the Registered User shall be entitled to use the Service in accordance with the Terms and in such manner as specified by the Company.
5.1 The Registered User may use the Service free of charge in principle.
5.2 In the event that the Registered User uses Paid Service, the Registered User shall pay to the Company the fee separately determined and displayed on the Website by the Company as compensation for the use of Paid Service in accordance with the method specified by the Company.
5.3 In the event that the Registered User fails to pay the Fee, the Registered User shall pay to the Company default interest on any unpaid amounts at a rate of 14.6% per annum.
6.1 The Registered User shall be fully responsible for the security and safekeeping of its user ID and password (the “Account Information”). The Registered User shall not cause or permit any third party to use the Account Information, and shall not loan, assign, change the registered name of, transfer, sell or otherwise dispose of the Account Information.
6.2 The Registered User shall be responsible and liable for any damage incurred as a result of inadequate management, wrong or improper use or use by a third party of the Account Information, or other similar events. In no event shall the Company be responsible or liable for such damage.
6.3 If the Registered User finds that its Account Information has been stolen or is used by a third party, the Registered User shall immediately notify the Company of such fact and follow the instructions provided by the Company.
7.1 The Registered User shall be prohibited from engaging in any of the following acts with respect to use of the Service:
(1) performing any act which would infringe any Intellectual Property Rights, portrait rights, privacy rights, credits, or other rights or interests of the Company, other Registered Users, the Third Party Providers or other third parties (including, without limitation, any act which causes such infringement directly or indirectly);
(2) performing an act associated with a criminal act, or an act against public order and good morals;
(3) transmitting information which is indecent or harmful to minors;
(4) transmitting information relating to relationships with people of the opposite or same sex;
(5) performing any act which violates any law or regulation, or the internal rules of the entity of which the Company or the Registered User is a member;
(6) transmitting information containing computer viruses or other harmful computer programs;
(7) transmitting through the Service a volume of data which is larger than the size of data specified by the Company;
(8) performing any act that is reasonably recognized to be likely to interfere with the operation of the Service by the Company; or
(9) performing any other acts that are reasonably determined by the Company to be inappropriate.
7.2 In cases where the Company reasonably determines that an act involving transmission of information conducted by the Registered User falls or is likely to fall under any of the items listed in Article 7.1, the Company may delete all or part of such information without any prior notice to the Registered User. The Company shall in no event be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company pursuant to this Article 7.2.
8.1 In the event of any of the following circumstances, the Company shall reserve the right to permanently discontinue or temporarily suspend all or part of the Service without prior notice to the Registered User:
(1) when the Company conducts scheduled or unscheduled inspections or maintenance of the computer systems relating to the Service;
(2) when a computer or telecommunications network ceases to operate or function as a result of an accident;
(3) when the Service becomes inoperable due to fire, power failure, natural disaster, or any other cause of force majeure;
(4) when trouble, discontinuation or suspension of service, discontinuation of association with the Service, changes of specifications, etc. occur with respect to the Third Party Services; or
(5) when for any other reason the Company reasonably determines that discontinuation or suspension is necessary.
8.2 The Company may, by its determination, terminate the Service. In such case, the Company shall give prior notice to the Registered User.
8.3 The Company shall not be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with this Article 8.
9.1 The Registered User shall, at its own cost and responsibility, prepare and maintain computers, smartphones, software and other devices and communication lines and other equipment and services relating to network that are necessary to enable it to use the Service.
9.2 The Registered User shall, at its own cost and responsibility, prepare and maintain security systems suitable for its settings and conditions for use of the Service to avoid attacks by computer viruses, unauthorized access, information leakage, etc.
9.3 The Company is under no obligation to retain messages or other information transmitted by or to the Registered User through the Service even in cases where such information has been retained by the Company for a certain period for operational reasons, and the Company may delete such information at any time at its discretion.
9.4 If the Registered User, at the commencement of or during the use of the Service, installs the Application etc. from the Website or Third Party Services onto its computers by way of downloading or other means, the Registered User shall exercise due care in order to prevent any loss or alteration of information held by it, or any fault or damage to its equipment.
10.1 All ownership rights and Intellectual Property Rights in and to the Service and the Website shall vest in the Company or its licensors, and unless otherwise provided for expressly herein, the use of the Service permitted through the registration under the Terms shall not be construed as assigning, or granting any license with respect to, any Intellectual Property Rights relating to the Website or the Service held by the Company or its licensors. The Registered User shall not, for any reason whatsoever, perform any act which would infringe any Intellectual Property Rights of the Company or its licensors, including, without limitation, disassembling, decompiling, or reverse engineering.
10.2 Intellectual Property Rights of the texts, graphics, videos and other data uploaded to or transmitted via the Website or the Service by the Registered Users (the “Posted Contents”) belong to the Registered Users.
10.3 The Registered User shall grant to the Company a non-exclusive and sublicensable license to copy, reproduce, modify or otherwise use the Posted Contents only for the purpose of public relations, advertising and promotion on the Service or the services planned or managed by the Company.
11.1 The Company may temporarily suspend use by the Registered User of the Service or deregister the Registered User without any prior notice if:
(1) the Registered User violates any provision of the Terms;
(2) the Registration Information is found to contain false information;
(3) the Registered User uses or attempts to use the Service for such purposes or in such a manner that may cause damage to the Company, other Registered Users, the Third Party Providers or other third parties;
(4) any Third Party Service or its association with the Service is made unavailable to the Registered User by the Third Party Provider due to violation by the Registered User of the Third Party Terms of Use or other reasons;
(5) the Registered User interferes with the operation of the Service by any means;
(6) payment by the Registered User is suspended, or the Registered User becomes insolvent, or an application for a proceeding for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar proceedings is made with respect to the Registered User;
(7) the Registered User dishonors any note or check issued or accepted by it;
(8) a petition is filed against the Registered User for attachment, provisional attachment, provisional disposition, judicial enforcement or an auction sale;
(9) the Registered User becomes subject to the procedures for tax delinquency;
(10) the Registered User dies or is subject to an order for the commencement of guardianship, curatorship or assistance;
(11) the Registered User has not used the Service for a period of 6 months or more and has not responded to any communication from the Company;
(12) the Registered User falls under any of the items listed in Article 3.3; or
(13) the Company reasonably determines that the continuation of the registration of the Registered User would be inappropriate.
11.2 In cases where the Registered User falls under any of items listed in Article 11.1, any and all monetary debt of the Registered User to the Company shall become forthwith due and payable and the Registered User shall immediately settle such monetary debt.
11.3 The Registered User may cancel the Registered User’s registration as a Registered User in accordance with the procedures specified by the Company.
11.4 The Company shall in no event be responsible or liable for any damage incurred by the Registered User as a result of any action taken by the Company in accordance with the provisions of this Article 11.
12.1 The Service is provided “as is”, and the Company makes no warranty of any kind, including, without limitation, warranty of fitness for particular purpose, merchantability, completeness or consistency, with respect to the Service.
12.2 The Company does not make any warranty which is not expressly provided for in the Terms even in cases where the Registered User has acquired from the Company, directly or indirectly, any information concerning the Service, the Website, other Registered Users or any other matter.
12.3 Although the Service may be associated with the Third Party Services, the Company makes no warranty regarding such associations. The Company shall not be responsible or liable for failure or unavailability of such associations except those attributable to the Company.
12.4 In cases where the Service is associated with the Third Party Services, the Registered User shall comply with the Third Party Terms of Use at its own cost and responsibility. In no event shall the Company be responsible or liable for disputes, etc. that arise between the Registered User and the Third Party Providers due to the Registered User’s incompliance with the Third Party Terms of Use.
12.5 The Registered User shall investigate at its own cost and responsibility to determine whether or not its use of the Service will violate any law or regulation applicable to the Registered User or the internal rules of the entity of which the Registered User is a member, and the Company makes no warranty that the use of the Service by the Registered User will comply with the laws and regulations applicable to the Registered User and the internal rules of the entity of which the Registered User is a member.
12.6 The Registered User shall, at its full responsibility, treat and resolve all transactions, communications, disputes, etc. in connection with the Service or the Website which arise between the Registered User and other Registered Users, the Third Party Providers or other third parties. In no event shall the Company be responsible or liable for such matters except those attributable to the Company.
12.7 In no event shall the Company be responsible or liable for any suspension, discontinuation, unavailability or modification of the Service caused by the Company, deletion or loss of any message or information of the Registered User, cancellation of the registration of the Registered User, loss of data or failure of or damage to equipment through use of the Service, or any other damage incurred by the Registered User in connection with the Service, except those attributable to the Company.
12.8 Even if the Website contains links to and from other websites on the Internet, the Company shall not be responsible for any websites other than the Website or any information obtained therefrom, except where the reason for the responsibility are attributable to the Company.
12.9 The Company shall not be liable to the Registered User for any failure to perform the obligations under the Service Agreement to the extent that and so long as such performance is prevented due to any cause beyond the Company’s reasonable control (including, without limitation, fires, power failures, hacks, computer virus infections, earthquakes, floods, wars, epidemics, embargoes, strikes, riots, impossibility to secure supplies and transit facilities, interventions, instructions or requests by governments or local governments and any enactment, revision or abolition of domestic and foreign laws and regulations).
12.10 Even if the Company shall be responsible or liable for the damage by the application of compulsory provisions in laws including, without limitation, the Consumer Contract Law of Japan, or other reasons, the responsibility and liability of the Company for such damage shall be limited to the total amount that the Company actually receives from the Registered User during the 3 months preceding the date on which the cause of such damage occurs ; provided, however, that in the event the Registered User has not used Paid Service during the 3 months preceding from the date on which the cause of such damage occurs, the responsibility and liability of the Company for such damage shall be limited to 1,000 JPY.
13.1 The Registered User shall indemnify and hold harmless the Company from and against any damage incurred by the Company resulting from any breach by the Registered User of any provision of the Terms or in relation to use by the Registered User of the Service.
13.2 The Registered User shall immediately notify the Company of any claim against the Registered User brought by other Registered Users, any Third Party Providers or other third parties in connection with the Service or of any dispute arising between the Registered User and any of the other Registered Users or other third parties, and shall settle such claim or dispute at its own cost and responsibility and, upon the Company’s request, report the processes and results of the settlement to the Company .
13.3 In cases where a claim is brought against the Company by other Registered Users, the Third Party Providers or other third parties for infringement of rights or for any other reason with respect to the use of the Service by the Registered User, the Registered User shall compensate the Company for any amounts that the Company is required to pay to such other Registered Users, the Third Party Providers or other third parties as a result of such claim.
14.1 Treatment by the Company of the Registered User's personal information (as defined in Article 2, Paragraph 1 of Act on the Protection of Personal Information) shall be subject to the provisions of the Company’s privacy policy, which is separately prescribed by the Company, and the Registered User hereby agrees to treatment by the Company of the Registered User's personal information pursuant to such privacy policy.
14.2 The Company may, in its sole discretion, use or make public any information or data provided by the Registered User to the Company as statistical information in a form that cannot identify individuals, and the Registered User may not raise any objection to such use or publication.
The Service Agreement shall become effective on the date of the completion of the registration pursuant to Article 3 in respect of the Registered User, and remain in force and effect between the Company and the Registered User until the earlier of the termination of the registration or the cessation of the provision of the Service.
16.1 The Company reserves the right to make changes to the contents of the Service without restriction.
16.2 The Company reserves the right to make amendments to the Terms (including, without limitation, the rules and regulations concerning the Service which may be posted on the Website; the same shall apply hereinafter in this Article 16). In the event of any amendment to the Terms, the Company shall notify the content and effective date of such amendment in a manner specified by the Company before such effective date. If the Registered User uses the Service after such notified effective date, , the Registered User shall be deemed to have agreed to such amendment made to the Terms.
Any inquiries with respect to the Service or other communications or notices from the Registered Users to the Company, or the notices concerning any amendment to the Terms or other communications or notices from the Company to the Registered User shall be made in accordance with the procedures specified by the Company.
18.1 The Registered User shall not assign, transfer, grant security interests on or otherwise dispose of its status under the Service Agreement or rights or obligations under the Terms without the prior written consent of the Company.
18.2 In cases where the Company assigns the business related to the provision of the Service to a third party by any means, such as through a business transfer or company split, the Company may, as a part of such assignment of business, assign to the third party assignee its status under the Service Agreement, its rights and obligations under the Terms, and the Registration Information and other information relating to the Registered User, and the Registered User hereby agrees to such assignment in advance.
19.1 The Terms constitute the entire agreement between the Company and the Registered User with respect to the matters contained herein, and supersede all prior agreements, representations and understandings, whether oral or in writing, between the Company and the Registered User with respect to the matters contained herein.
19.2 In the event of any discrepancy between the English version of the Terms and the Japanese version of the Terms, the Japanese version of the Terms shall prevail.
If any provision of the Terms or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect, and the Company and the Registered User shall endeavor to agree to an amendment thereof to the extent necessary to make such invalid or unenforceable provision or part thereof legally operative in order to achieve the same purpose and same legal and economic effect as originally contemplated by such invalid or unenforceable provision or part thereof.
The provisions of Articles 5 (to the extent that the Fee is unpaid), 6.2, 7.2, 8.3, 9, 10, 11.2, 11.4, 12 through 14, and 18 through 22 shall survive the expiration or termination of the Service Agreement and remain in full force and effect.
The Terms 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 Yokohama District Court or the Yokohama Summary Court in the first instance.
Any matters not provided for in the Terms or those giving rise to any doubts with respect to the interpretation of the Terms shall be promptly resolved through good faith discussions between the Company and the Registered User.
Enacted on August 18, 2020
Revised on Februaly 22, 2021