This terms and conditions of use (hereinafter called “Terms and Conditions”) sets forth the terms of any services and features of BitRecord(hereinafter called the “Application”), which is provided by Centaurus Works Inc,( hereinafter called the “Company”).
The following words shall have the meanings set forth below;
（1）the Service means services and relating services provided by the Company.
（2）the Application means an application where the Services are published.
（3）the Users means all persons who use all the Services.
（4）the Personal Information means information which can identify individuals such as name and phone number.
（5）the Account means information which the company uses to identify the Users.
1. The Users shall use the Service in accordance with the terms stated in the Terms and Conditions.
2. When the Users download the Application to a smartphone or other information terminals and agree to the Terms and Conditions, a user agreement in accordance with the Terms and Conditions shall be deemed to be made between the Users and the Company.
3. Minors may use the Service only with consent from their parents or legal guardian.
The Company may modify the Terms and Conditions when the Company deems necessary, without providing prior notice to the Users. The modification will become effective once the modified Terms and Conditions are posted on an appropriate location within the website operated by the Company. The Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions by continuing to use the Service. The Users shall refer to the existing Terms and Conditions when using the Service.
1. The individuals who would like to use the Application shall agree the Terms and Conditions and register in a proper way.
2. The Account is issued when the registration process is completed.
1. Each account in the Service is for the exclusive use and belongs solely to the owner of the Account. The Users may not transfer or lend their Accounts to any third party nor may their Accounts be inherited by any third party.
2. The Users shall exercise due care and responsibility in order not to be used in an unlawful manner. The Company may treat all activities conducted by the Account as activities that have been conducted by the holder of the Account him/herself.
3. The Company may suspend or delete a Users’ Accounts without giving prior notice to the Users if the Company believes that the Users are violating or has violated the Terms and Conditions.
4. If the Users recognize that the Personal Information is used in an lawful manner or used by a third party, the Users shall notice the fact to the company and follow the guide by the Company.
The Company promises to protect the Personal Information of its users in accordance with BitRecord Privacy Policy.
The Users shall not engage in the following when using the Service. When the Company recognizes that the Users breaches the following, the Company can suspend the use of the Service or take other necessary measures which are considered by the Company.
(1) Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
(2) Activities that may hinder public order or customs.
(3) Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract.
(4) Activities that post or transmit violent or sexual expressions; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
(5) Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information.
(6) Activities that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, user history, or the like.
(7) Activities that interfere with the servers and/or network systems of the Service; that abuse the Service by means of technical measures; that deliberately use defects of the Service; that make unreasonable inquires and/or undue claims such as repeatedly asking the same question beyond the necessity, and that interfere with the Company's operation of the Service or Users' use of the Service.
(8) Activities that benefit or collaborate with anti-social groups.
(9) Activities that aid or encourage any activity stated in Clauses 1 to 8 above.
(10) Other activities that are deemed by the Company to be inappropriate.
1. The Users shall supply the necessary mobile phone device, communication device, and data connection necessary for using the Service under Users' own responsibility and at Users' own expense.
2. The Company reserves the right to modify or cease, at the Company's own discretion, the whole or part of the Service at anytime without any prior notice to the Users.
3. The Company does not expressly or impliedly guarantee that the Service (including the Contents) are free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Company shall not be responsible for providing the Service without such defects.
4. The Company shall not be responsible for any damages inflicted upon the Users in relation to the use of the Service. However, if the agreement (including but not limited to the Terms and Conditions) between the Company and the Users regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.
5. Notwithstanding the condition stated in clause 4 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or the Users predicted or could have predicted) with respect to the Company's contractual default or act of tort due to the Company's negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company's contractual default or act of tort due to the Company's negligence (except for gross negligence) shall be limited to the total amount of received fees from the Users in the calendar month in which such damages occurred.
6. The Company is not responsible for the Users’ activities prohibited in Article 7.
7. The Company reserves the right to modify or cease, at the Company's own discretion, the whole or part of the Service at any time without any prior notice to the Users.
1. The Users may not assign or transfer any part of the Terms and Conditions to any third party without prior written consent of the Company.
2. The Company may transfer all or part of the Services to a third party at the company’s decisions. In that case, the company will transfer the Users’ all rights including the Users’ Accounts within the range of the transferred rights to the third party.
When the Users notify or contact the Company in regard to the Service, the Users shall use the customer inquiry form available on the website operated by the Company or other means designated by the Company.
1. The validity, construction, performance of the Terms and Conditions shall be governed by and construed under the Laws of Japan.
2. With respect to any discussion, cases, and other disputes between the Company and the Users relating to the Terms and Conditions, both of them submits to the exclusive original jurisdiction of the Tokyo District Court of Japan.