Terms Of Service
These Terms of Service apply to participants (hereinafter referred to as "Participants") who participate in digital stamp rallies or campaigns (hereinafter collectively referred to as "Digital Stamp Rallies") using the digital stamp rally service "Raund" provided by Paak Inc. (hereinafter referred to as "Company"). Please read these terms carefully before using Raund.
Article 1. About These Terms of Service
1. These Terms of Service apply to all relationships between the Company and Participants in providing all websites, software, applications, products, documents, and all other products and services (hereinafter referred to as the "Service") provided by the Company under the service name "Raund".
2. By using the Service, Participants are deemed to have given valid and irrevocable consent to all contents of these Terms of Service. Participants shall use the Service in accordance with these Terms of Service.
3. If there are separate documents distributed by the Company or posted on the website under names such as "Terms of Service," "Guidelines," "Policies," etc., and regulations regarding the use of the Service established by those who provide Digital Stamp Rallies using the Service (hereinafter referred to as "Organizers") that apply to both Organizers and Participants (hereinafter collectively referred to as "Individual Terms of Service"), Participants must use the Service in accordance with both these Terms of Service and the Individual Terms of Service (hereinafter collectively referred to as "Terms of Service, etc.").
4. In the event of any conflict between the Individual Terms of Service and these Terms of Service, the contents of the Individual Terms of Service shall prevail only for the conflicting portions.
Article 2. Participants
1. Participants can use the Service's functions as defined by the Company, such as participating in stamp rallies, by agreeing to these Terms of Service through procedures established by the Company.
2. Participants shall properly manage and maintain passwords and user IDs related to the Service at their own responsibility and shall not allow third parties to use them or lend, transfer, change names, buy or sell them.
3. The Company may consider all actions performed using registered passwords as actions of the Participant themselves.
4. Participants shall bear responsibility for any damages arising from loss, leakage, misuse, or third-party use of passwords or user IDs, and the Company shall bear no responsibility.
Article 3. Service Suspension
1. The Company may suspend all or part of the Service without prior notice or announcement in any of the following cases:
1.1. When emergency inspection or maintenance work of computer systems related to the Service is necessary
1.2. When computers, communication lines, etc. stop due to accidents
1.3. When the Company becomes unable to operate the Service due to earthquakes, lightning, wind and flood damage, power outages, natural disasters, infectious disease outbreaks, or other force majeure
1.4. Other cases where the Company determines that emergency suspension of the Service is necessary
2. The Company may suspend all or part of the Service after prior announcement on the Company's website in any of the following cases:
2.1. When inspection or maintenance work of computer systems related to the Service is necessary
2.2. When necessary for improvement or modification of the Service
2.3. Other cases where the Company determines that suspension of the Service is necessary
3. The Company shall not be responsible for any damages suffered by Participants due to suspension based on this Article.
Article 4. Service Changes and Termination
1. The Company may change, add to, or terminate all or part of the Service content at its discretion without prior notice. Note that when the Company changes or adds to all or part of the Service content, it does not guarantee that all functions and performance of the Service before the change or addition will be maintained.
2. The Company shall not be responsible for any damages incurred by Participants due to measures taken by the Company based on this Article.
Article 5. Usage Environment
Participants shall prepare necessary communication devices such as personal computers, smartphones, tablet devices, operating systems, means of communication, electricity, and transportation at their own expense and responsibility when using the Service. Additionally, all communication costs necessary for using the Service shall be borne by the Participants.
Article 6. Content Handling
1. Regarding text, images, videos, music, voice, and all other information (hereinafter referred to as "Participant Content") that Participants save on the Company's servers by uploading etc., Participants represent and warrant that they have the rights (including copyright, portrait rights, etc., or rights to use these rights of others) to do so when uploading, that uploading does not infringe on others' rights, and that they have the right to grant permission as defined in Paragraph 5 of this Article.
2. The Company may check the content of Participant Content when necessary to confirm compliance with laws or Terms of Service, etc. However, the Company shall not be obligated to perform such checks.
3. Participants agree to grant the Company the right to use all copyrights (including rights defined in Articles 27 and 28 of the Copyright Act) related to all or part of Participant Content without charge and without limitation, regardless of purpose.
4. If the Company determines that Participant Content uploaded by Participants violates or may violate laws or Terms of Service, etc., or if there is operational necessity, the Company may make Participant Content unusable in the Service by methods such as deleting content from the Company's servers without prior notice to Participants.
5. The Company may introduce the Service on websites, media, software, applications, products, documents, etc. operated by the Company or third parties, and in such cases, Participants permit the Company and said third parties to use their uploaded Participant Content as necessary, agree not to exercise moral rights regarding copyrighted works, and accept that no compensation will be paid to Participants.
Article 7. Account Linking Procedures
1. The Service may allow linking with services operated by other companies (hereinafter referred to as "External Services") following procedures defined by the Company (hereinafter referred to as "External Service Linking"). However, External Service Linking shall be done at Participants' own expense and responsibility.
2. When performing External Service Linking, Participants agree that the Company may obtain information about Participants registered with External Service operators (hereinafter referred to as "External Service Information") and display it in the Company's Service.
3. When Participants use the Service, they may be asked for permission for the Company to use External Service Information, and External Service Linking shall only be possible if Participants confirm such content and grant permission.
4. The handling of External Service Information obtained by the Company, including purpose of use and other matters, shall be handled in accordance with the Privacy Policy separately established by the Company.
5. Regarding account registration and use of External Services (including written content and posts), Participants shall comply with each regulation established by the External Services.
6. Participants shall perform account registration and management in External Services at their own responsibility.
7. If damages occur to Participants or third parties due to insufficient management of External Service accounts and passwords, misuse, or third-party use, Participants shall bear responsibility and the Company shall bear no responsibility. Additionally, if the Company suffers damages due to such causes, Participants shall bear all responsibility and compensate for all damages and losses suffered by the Company.
8. When using External Services, Participants shall use such services at their own responsibility, and the Company shall bear no responsibility for any damages arising from use of such services, troubles arising with operators or participants of such services, or any other matters related to such services.
Article 8. Rights Attribution
1. All intellectual property rights including copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights and rights to register such rights (hereinafter collectively referred to as "Intellectual Property Rights") related to the Service belong to the Company or those who license to the Company, and permission to use the Service does not mean permission to use Intellectual Property Rights related to the Service belonging to the Company or those who license to the Company. Additionally, regardless of the existence of Intellectual Property Rights, Participants shall not reproduce, distribute, reprint, transfer, publicly transmit, modify, adapt, or make other secondary use of the Service.
2. The Company has the authority to use any feedback, requests, and suggestions from Participants to the Company without Participants' permission, even if any rights arise.
Article 9. Handling of Personal Information
1. The handling of information that can identify specific Participants (including information that can identify specific Participants by easily collating with other information) and information containing personal identification codes (hereinafter collectively referred to as "Personal Information") shall be governed by the Terms of Service, etc. and the Company's Privacy Policy.
2. The Company may use and disclose the following information as statistical information that cannot identify individuals about Participants at its discretion. No compensation shall be paid to Participants in such cases.
2.1. Registration information: Information registered by Organizers at user registration such as nicknames, email addresses, passwords, postal codes, birth dates, gender, etc.
2.2. Notification information: Information notified by Organizers to the Company including addresses, names, phone numbers, occupations, bank accounts, credit card numbers, etc., in addition to registration information
2.3. Participant attribute information: Information obtained by the Company while Participants use the Service, including postal codes, gender, occupation, age, location information and time when participating in Digital Stamp Rallies, previously used services and purchased products, viewed pages and advertisements, usage time periods, usage methods, usage environment, etc.
2.4. Acquired information: Information about Participants acquired by the Company including IP addresses, usage status, history, location information, usage terminals, and facts such as failed credit card payments, in addition to registration information, notification information, and Participant attribute information
3. The Company shall use acquired Personal Information within the scope of the following purposes:
3.1. To improve Service convenience by customizing advertisements and content displayed on the site for individual Participants when using the Service
3.2. To improve Service and advertisement content to better suit Participants, consider new services, and select survey targets
3.3. For advertisers, information providers, and service providers to analyze what advertisements, information, and services would be effective to provide (analysis results will not include information that identifies individuals)
3.4. For Participants to view and modify their nicknames, email addresses and passwords, and view usage status
3.5. To send Service notifications, send prizes or products, and contact when necessary
3.6. To display registration information on input screens and transfer to other services based on Participants' instructions to allow Participants to input data conveniently
3.7. To respond to inquiries from Participants
4. The Company may outsource the handling of acquired information to contractors to the extent necessary to implement the purposes of use in the preceding paragraph.
5. Except in the following cases and cases specified in the Privacy Policy, the Company shall not disclose or provide Personal Information to third parties without obtaining Participants' consent:
5.1. When legally compulsory procedures such as search or seizure are conducted
5.2. Other cases where the Company determines disclosure or provision is necessary as specified by laws and regulations
6. The Company may use Participants' anonymized information.
7. When creating anonymized information mentioned in the preceding paragraph, the Company shall comply with the following standards:
7.1. Delete all or part of descriptions that can identify specific individuals contained in Personal Information
7.2. Delete all personal identification codes contained in Personal Information
7.3. Delete codes that connect Personal Information with information obtained by taking measures on such Personal Information
7.4. Delete unique descriptions
8. Regarding anonymized information created based on Paragraph 7 of this Article, the Company may provide data to third parties. In such cases, the Company shall clearly indicate that the provided information is anonymized information to such third parties by sending email, delivering documents, or other appropriate methods.
Article 10. Data Utilization
The Company may use or utilize data obtained from Participants (including Personal Information) to the extent necessary for providing, operating, and improving the Service, planning and providing related and new services, creating statistical data, and using as marketing materials. When utilizing as statistical data and marketing materials, processing will be done so that specific individuals and corporations cannot be identified. Participants shall use the Service after agreeing to provide such data including Personal Information to the Company and the Company's use of such data, and shall not raise objections regarding the Company's use of such data.
Article 11. Confidentiality
1. Participants shall keep confidential any non-public information that the Company discloses to Participants requesting confidential handling related to the Service, except with prior written consent from the Company.
2. Notwithstanding the preceding paragraph, the Company and Participants shall not have confidentiality obligations for the following information. However, this does not apply to Personal Information:
2.1. Information that was already public or generally available at the time of disclosure
2.2. Information that became public or generally available after disclosure through no fault of one's own
2.3. Information that can be proven to have been already owned at the time of disclosure by the other party
2.4. Information that can be proven to have been independently developed without using confidential information after disclosure by the other party
2.5. Information legitimately obtained from third parties without confidentiality obligations
Article 12. Prohibition of Transfer
Participants shall not transfer, move, establish security interests in, or otherwise dispose of their position under the Service Usage Agreement based on these Terms of Service, etc. (hereinafter referred to as "Service Usage Agreement") or rights and obligations based on the Service to third parties without prior written consent from the Company.
Article 13. Prohibited Actions
1. When using the Service, Participants shall not engage in or the Company determines to engage in any of the following actions:
1.1. Actions that violate laws and regulations, Terms of Service, etc. of the Service
1.2. Actions that constitute torts against the Company, other Participants of the Service, or other third parties
1.3. Actions contrary to public order and morals
1.4. Actions that infringe intellectual property rights, portrait rights, privacy rights, reputation rights, or other rights or interests of the Company, other Participants of the Service, or other third parties
1.5. Uploading content through the Service that falls under or the Company determines falls under the following:
1.5.1. Information containing computer viruses or other harmful computer programs
1.5.2. Information containing expressions that damage the reputation or credit of the Company, other Participants of the Service, or other third parties
1.5.3. Information containing antisocial expressions or expressions that cause discomfort to others
1.5.4. Information such as chain mail requesting spread of information to third parties
1.5.5. Information intended to discriminate based on race, creed, gender, social status, or family origin
1.5.6. Information that infringes intellectual property rights, portrait rights, or privacy rights of the Company, other Participants of the Service, or other third parties
1.5.7. Information that can identify individuals such as home addresses (including Participants' own)
1.6. Actions that place excessive load on the Service's network or systems
1.7. Actions that may interfere with operation of the Service
1.8. Actions to access or attempt unauthorized access to the Company's network or systems
1.9. Actions impersonating third parties
1.10. Actions using IDs or passwords of other Participants of the Service
1.11. Collecting information of other Participants of the Service
1.12. Actions that cause disadvantage, damage, or discomfort to the Company, other Participants of the Service, or other third parties, including but not limited to the following examples:
1.12.1. Actions entering residences or lands/buildings managed by Participants and other third parties or staying near them for long periods
1.12.2. Actions that obstruct traffic or create danger of accidents to surroundings such as walking or driving vehicles while using mobile operating systems
1.13. Actions analyzing the Service including reverse engineering, decompiling, or disassembling all or part of the Service
1.14. Actions cooperating with or being involved in maintenance, operation or management of antisocial forces (meaning organized crime groups, members of organized crime groups, and others equivalent to these; same hereinafter)
1.15. Religious activities or solicitation to religious organizations
1.16. Actions collecting, disclosing or providing third parties' personal information or registration information without permission
1.17. Actions directly or indirectly causing or facilitating any of the preceding actions
1.18. Other actions that the Company determines inappropriate
Article 14. Support
The Company's support to Participants regarding the Service shall be provided through inquiry forms placed in appropriate locations on websites operated by the Company or methods specified by the Company.
Article 15. Usage Suspension
1. If the Company determines that Participants have violated or may violate Terms of Service, etc., it may suspend use of the Service without prior notice to such Participants.
2. In cases of the preceding paragraph, the Company shall not be responsible for any damages incurred by Participants.
3. Even if Participants become unable to use the Service due to termination of contracts between the Company and Organizers, the Company shall not be responsible for any damages incurred by Participants.
Article 16. Registration Deletion
1. If Participants fall under any of the following cases, the Company may terminate the Service Usage Agreement for such Participants, delete their accounts in the Service, and delete their Participant Content without prior notice or warning:
1.1. When violating any provisions of Terms of Service, etc.
1.2. When registration details are found to contain false information
1.3. When there is no response for 30 days or more to inquiries or other requests for response from the Company
1.4. Other cases where the Company determines use of the Service or continuation of the Service Usage Agreement inappropriate
2. If Participants fall under any of the cases in the preceding paragraph, they shall automatically lose benefit of time regarding all obligations owed to the Company and must immediately pay all obligations to the Company.
3. If the Service Usage Agreement is terminated and Participant Content is deleted based on Paragraph 1 of this Article, the Company shall not be obligated to preserve backups or other information.
4. If the Service Usage Agreement is terminated based on Paragraph 1 of this Article, the Company shall not be responsible for any damages incurred by Participants.
Article 17. Disclaimer
1. The Company shall not be responsible for any damages incurred by Participants arising from the Service. However, if the Service Usage Agreement constitutes a consumer contract defined by the Consumer Contract Act and said Act applies, this disclaimer shall not apply.
2. Even in cases of the proviso in the preceding paragraph, the Company shall not be responsible for any damages arising from special circumstances among damages incurred by Participants due to the Company's negligent breach of obligations or torts.
3. The Company shall not be involved in or bear any responsibility for disputes arising between Participants (not limited to these examples) including:
3.1. Cases where Participants have accidents while participating in Digital Stamp Rallies using the Service by Organizers
3.2. Cases where benefits advertised by Organizers are not fulfilled for Participants who met certain conditions participating in stamp rallies using the Service by Organizers
3.3. Cases where Participants participate in stamp rallies or facilitate their achievement through fraudulent means
3.4. Cases where Participants become unable to use Digital Stamp Rallies because Organizers deleted them themselves or the Company deleted all or part of Digital Stamp Rallies based on Terms of Service, etc.
3.5. Other disputes arising between Organizers and Participants or between Participants
Article 18. Compensation to Company
If the Company directly or indirectly suffers any damages, losses or cost burdens (including attorney fees) arising from Participants' use of the Service in violation of laws or Terms of Service, etc. (including cases where the Company receives such claims from third parties), the Company may claim such damages etc. from such Participants.
Article 19. Changes to Terms of Service
1. The Company may change Terms of Service, etc. from time to time based on Article 548-4 of the Civil Code if any of the following applies. Service Usage Agreements after changes to Terms of Service, etc. shall be governed by changed Terms of Service, etc.
1.1 When changes to Terms of Service, etc. conform to general interests of Participants
1.2 When changes to Terms of Service, etc. do not contradict purposes of Service Usage Agreements and are reasonable considering necessity of changes, appropriateness of changed contents, and other circumstances related to changes
2. When changing Terms of Service, etc., the Company shall determine effective time of changed Terms of Service, etc. and notify members of contents of changed Terms of Service, etc. and effective time through notification, display on the Service, or other Company-specified methods at least 2 weeks before effective time.
3. Notwithstanding the preceding two paragraphs, if Participants use the Service after notification of changes to Terms of Service, etc. as specified in the preceding paragraph or do not take cancellation procedures within Company-specified period, such Participants shall be deemed to have agreed to changes to Terms of Service, etc.
Article 20. Communication/Notification
1. The Company's notifications, announcements and other communications to Participants regarding the Service shall be made through posting in appropriate locations on websites operated by the Company or other methods the Company deems appropriate.
2. Participants' notifications or communications to the Company regarding the Service shall be made through sending inquiry forms placed in appropriate locations on websites operated by the Company or methods specified by the Company.
Article 21. Severability
Even if any provision or part of Terms of Service, etc. is determined invalid by laws and regulations, the remaining parts of Terms of Service, etc. shall continue to have full effect.
Article 22. Surviving Provisions
In addition to provisions specifically designated in each Article of these Terms of Service, Article 6 (Content Handling), Article 8 (Rights Attribution), Article 9 (Handling of Personal Information), Article 10 (Data Utilization), Article 11 (Confidentiality), Article 12 (Prohibition of Transfer), Article 17 (Disclaimer), Article 18 (Compensation to Company), Article 20 (Communication/Notification), Article 21 (Severability), this Article and Article 23 (Governing Law), Article 24 (Jurisdiction) shall survive termination of Service Usage Agreements.
Article 23. Governing Law
The Japanese version of Terms of Service, etc. shall be the official text and shall be governed by Japanese law.
Article 24. Jurisdiction
The district court having jurisdiction over the location of the Company's head office shall be the exclusive agreed court of first instance for all disputes arising from or related to Terms of Service, etc.
Article 25. Consultation
If problems arise between Participants and the Company regarding the Service, Participants and the Company shall consult in good faith and strive to resolve them.
Established February 4, 2022