These Terms and Conditions (hereinafter referred to as these "Terms") set forth the terms and conditions for the use of all products and services (hereinafter referred to as "Services") provided by Progummy Inc. (hereinafter referred to as "Progummy") between customers using the Services (hereinafter referred to as "you" or "user") and Progummy.
1. Definitions
The following terms shall have the following meanings when used in these Terms:
"Content" means text, sound, music, images, movies, software, programs, code, and other information;
"Subject Content" means any Content that can be accessed through the Services;
"Posted Content" means any Content you post, transmit or upload to the Service; and
"Individual Terms of Use" means the terms and conditions distributed or posted by Progummy regarding the Services in the name of "Terms", "Guidelines" or "Policy", etc. separately from these Terms.
2. Agreement to these Terms
You must use the Services in accordance with the provisions of these Terms. You may not use the Services unless you agree to these Terms.
If you are a minor, you may use the Services only after obtaining the consent of your legal representative such as a person with parental authority. In addition, if you use the Services on behalf of a business operator, such business operator must also agree to these Terms before you use the Services.
If there are Individual Terms of Use applicable to the Services, you must use the Services also in accordance with the provisions of the Individual Terms of Use as well as these Terms.
3. Amendment of these Terms
Progummy may amend these Terms within the scope of the purposes of the Services when Progummy deems it necessary. In such case, Progummy shall inform you of the details and effective date of the amended Terms by displaying the same on the Services or Progummy's website, or by notifying you thereof in the manner specified by Progummy. The amended Terms shall come into effect on the effective date.
4. Account
In using the Services, you may be required to register certain information and set up an account. In such case, you must register true, accurate, and complete information, and correct it so that it is always up-to-date.
When you register your authentication information in using the Services, you must strictly manage it at your own responsibility to ensure that it will not be used improperly. Progummy may deem that any act performed with the use of your registered authentication information is the act performed by yourself.
Once you register for the Services, you can delete your account and withdraw from the Services at any time.
Progummy reserves the right to delete, without prior notice to you, any account that has been inactive for one (1) year or more since its last activation.
Any and all of your rights to use the Services will be extinguished upon account deletion for any reason. Please note that even if you accidentally delete your account, your account cannot be retrieved.
Your account with the Services belongs solely to you. You may not assign, lease, rent or lend to any third party, or otherwise dispose of any of your rights to use the Services, nor cause any third party to inherit or succeed to the same.
5. Privacy
Progummy respects your privacy.
Progummy will properly handle your privacy information and personal information in accordance with the Progummy Privacy Policy.
Progummy places the utmost emphasis on security in order to ensure the safe management of information collected from you.
6. Provision of Services
When using the Services, you must provide the necessary personal computer, mobile phone, smartphone or other communication devices, operation system, communication means and electric power, etc. at your expense and responsibility.
Progummy may provide the Services, in whole or in part, only if you satisfy the requirements deemed necessary by Progummy, such as age, completion of identity verification, and registration information.
Progummy may change the whole or part of the Services at any time as Progummy deems necessary without prior notice to you.
Progummy may terminate the provision of the Services, in whole or in part, without prior notice to you in any of the following cases:
When Progummy performs system maintenance or repairs;
When it becomes impossible to provide the Services due to force majeure such as fire, blackout, or any other accident, natural disaster, war, riot or labor dispute;
When a system fails or becomes overloaded;
When it is necessary to ensure the safety of you or a third party, or an emergency response is required to protect the public interest; or
Other than those set forth in items (1) to (4) above, when Progummy reasonably determines it necessary.
7. Advertising
Progummy may place advertisements of Progummy or third parties on the Services.
8. Third-Party Services
The Services may include services or Content provided by a third party other than Progummy. Responsibility for such services or Content rests with the third party providing such services or Content. In addition, such services or Content may be governed by terms of use and other terms and conditions set forth by the third party providing such services or Content.
9. Content
Progummy shall grant you a non-transferable, non-sublicensable, and non-exclusive right to use the Subject Content provided by Progummy, solely for the purpose of using the Services.
When you use any Subject Content which is subject to a usage fee, period of use and other conditions for use separately established, you shall abide by such conditions for use. Even if an indication such as "Purchase" or "Sale" is displayed on the screen of the Services, any intellectual property rights or other rights relating to the Subject Content provided by Progummy to you shall not be transferred to you, and you will only be granted a right to use the Subject Content set forth above.
You shall not use (including reproduction, transmission, reprinting, and alteration) the Subject Content beyond the scope of the intended use of the Subject Content in the Services.
You are responsible for the backup of Posted Content. Progummy will not undertake the obligation to back up any Posted Content.
The Services may include features that allow multiple users to make edits such as posting, modifying, deleting or removing Content. In such case, you shall authorize other users to edit your own Posted Content.
You shall continue to retain, and Progummy will not acquire, any rights that you may have in any Posted Content. However, you shall be deemed to have granted Progummy a right to use such Posted Content for the purpose of providing services, advertising, promotion, publication or otherwise (including a right to make omissions and other changes to the extent deemed necessary and appropriate by Progummy; also including a right to sublicense such right to use Posted Content to third parties working with Progummy).
You shall not exercise any rights such as moral rights of authorship with respect to your Posted Content in relation to the use by Progummy or a third party pursuant to Articles 9.5 and 9.6.
When it is necessary for Progummy to confirm the status of compliance, etc. with laws and regulations or these Terms, Progummy may confirm the details of your Posted Content to the extent permitted by laws and regulations. However, Progummy shall have no obligation to provide such confirmation.
Progummy reserves the right to restrict the use of the Services by deleting or removing Posted Content or by other means without prior notice to you in cases where Progummy believes that you are or are likely to be in violation of laws and regulations or these Terms in connection with your Posted Content, or where it is otherwise reasonably necessary for business reasons.
10. Provision of Subscription Service
You may receive a service, for a fee or under such terms and conditions as may be prescribed by Progummy, in connection with certain Subject Content as designated by Progummy, for a fixed period of time and for a fixed fee (hereinafter referred to as "Subscription Service"). You are subject to these Terms, fees for any Subscription Service, payment method thereof, and other conditions for use posted on the Services or Progummy's website.
You may cancel the Subscription Service at any time; however, the intended period of use may not be changed, nor may the purchase be canceled, even if the Subscription Service is canceled during such period of use. In such case, any fees already paid shall not be refunded or reimbursed on a pro rata basis. However, the foregoing shall not apply if laws or regulations require otherwise.
If you do not complete the cancellation of the Subscription Service by the prescribed date and time, the period of use of the Subscription Service may be automatically renewed in accordance with the terms and conditions prescribed by Progummy even after the expiration of the period of use.
11. Prohibited Matters
Progummy prohibits you from engaging in any of the following acts in connection with the Services:
Any act that violates laws and regulations, court judgments, decisions or orders, or legally binding administrative measures;
Any act that is likely to violate public order or good morals;
Any act of infringing on Progummy's or a third party's intellectual property rights (such as copyrights, trademark rights, and patent rights), reputation rights, privacy rights or other statutory or contractual rights;
Any act of posting or transmitting any excessively violent or sexually explicit expression, any expression equivalent to child pornography or child abuse, any expression that incites discrimination based on race, nationality, creed, sex, social status or family origin, etc., any expression that induces or encourages suicide, self-harm or drug abuse or any other expression that causes discomfort to others including anti-social contents;
Any act of impersonating Progummy or a third party, or any act of intentionally spreading false information;
Any act of sending the same or similar messages to an unspecified large number of users (excluding those approved by Progummy), any act of adding other users to friends or group chats in a non-discriminatory manner, or any other act deemed by Progummy to constitute spamming;
Any act of exchanging the rights to use the Services or Subject Content for cash, property, or other economic benefits in a manner other than that specified by Progummy;
Any act of using the Services for sales, promotion, advertising, solicitation, or other profit-making purposes (excluding those approved by Progummy), for the purpose of sexual intercourse or indecent conduct, for the purpose of meeting or associating with an unacquainted third party, for the purpose of harassing or slandering other users, or for other purposes than the intended use of the Services;
Any act of providing benefits to an anti-social force or otherwise cooperating with an anti-social force;
Solicitation for religious activities or a religious organization;
Any act of illegally collecting, disclosing, or providing personal information, registration information or usage history information, etc. of others;
Any act of disrupting the server and network system of the Services, any act of manipulating the Services by using bots, cheat tools, or other technical means, any act of deliberately using problems with the Services, any act of making an unreasonable inquiry or request to Progummy such as repeating similar questions more than necessary, or any other act of disturbing or interfering with Progummy's administration of the Services or other users' use of the Services;
Any act of reverse engineering or disassembling the source code for an improper purpose or in an improper manner, or any act of decoding the source code by any other means;
Any act of assisting or encouraging any of the acts set forth in Articles 11.1 through 11.13 above; or
Other than those set forth in Articles 11.1 through 11.14 above, any act that Progummy reasonably determines to be inappropriate.
12. Customer Responsibility
You shall use the Services at your own responsibility and shall be solely responsible for any acts taken in relation to the Services and for the results thereof.
If you fall under or are likely to fall under any of the following items, Progummy may, without prior notice to you, suspend your use of all or any part of the Services, suspend or delete your account, terminate any agreement between you and Progummy regarding the Services (including any agreement based on these Terms; hereinafter the same shall apply), or take any other acts that Progummy reasonably determines to be necessary and appropriate:
You have violated any applicable laws or regulations, these Terms or Individual Terms of Use;
You are a member of an anti-social force or a related party thereof;
You damage the reputation of Progummy by spreading false rumors, or use of fraudulent means, force, or other unlawful means;
You are subject to a petition for attachment, provisional attachment or auction, or a petition for the commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings or commencement of any similar proceedings, or Progummy otherwise reasonably determines that there is uncertainty with respect to your credit standing; or
Other than those set forth in items (1) to (4) above, the relationship of trust with you is lost or Progummy otherwise reasonably determines that it is not appropriate to provide the Services to you.
You must, upon request of Progummy, immediately compensate Progummy for any direct or indirect damages (including legal fees) incurred by Progummy due to your use of the Services (including the case where Progummy receives a complaint from a third party due to such use).
13. No Warranty
Progummy makes no warranty, either express or implied, as to the absence of defects (including faults in security, errors, bugs, and infringement of rights), or as to the safety, reliability, accuracy, completeness, effectiveness, or fitness of a particular purpose with respect to the Services (including Subject Content). Progummy is in no way responsible for providing the Services to you after eliminating such defects.
14. Exemption from Progummy's Liability
Progummy assumes no liability for any damage incurred by you due to the Services unless such damage is caused by willful misconduct or gross negligence on the part of Progummy. However, in the case where the agreement between you and Progummy regarding the Services constitutes a consumer contract prescribed in the Consumer Contract Act (hereinafter referred to as "Consumer Contract"), in relation to default liability or tort liability due to negligence (excluding gross negligence) on the part of Progummy, Progummy shall not be liable to compensate for damage caused by lost profits or other special circumstances and shall be liable for damages to the extent of damage that would normally occur and, with regard to the Services provided for a fee, up to the number of fees for such Services received from you in the month in which the relevant damage occurs.
In the event that you incur any damage due to gross negligence on the part of Progummy, Progummy will not be liable to compensate for damage caused by lost profits or other special circumstances and will be liable for damages to the extent of damage that would normally occur and, with regard to the Services provided for a fee, up to the amount of fees for such Services received from you in the month in which the relevant damage occurs. However, this shall not apply if the agreement between you and Progummy regarding the Services is a Consumer Contract.
15. Relationship between these Terms and Laws and Regulations
If any provision of these Terms is in violation of the Consumer Contract Act or other laws or regulations which are applicable to agreements regarding the Services between you and Progummy, such provision shall not apply to the agreements with you to the extent of such violation. However, the validity of the remaining provisions of these Terms shall not be affected even in such cases.
16. How to Contact
Progummy will contact you in connection with the Services by posting notices at the appropriate location on the Services or Progummy's website or by other means as Progummy may deem appropriate.
You will contact Progummy in connection with the Services by submitting a contact form available at the appropriate location on the Services or Progummy's website or by other means specified by Progummy.
17. Governing Law; Jurisdiction
The Japanese version of these Terms shall be the original hereof. These Terms shall be governed by the laws of Japan. Any disputes that may arise between you and Progummy out of or in relation to the Services shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.
Last updated: February 17, 2021