Terms of Use - Emanate

This Terms of Use (this "Agreement") establishes the terms and conditions for the use of Tabiji (this “Service.” Regardless of the reason, if the name or content of the Service is changed, this Agreement will include the Service after such changes.) by Emanate (the “Provider”). This Agreement applies to all users (“User(s)”) utilizing the Service. Users are required to thoroughly read this Agreement before using the Service.

Article 1 (Scope of this Agreement)

Users shall use the Service in accordance with the provisions of this Agreement. If a User cannot agree to this Agreement, they are not allowed to use the Service, and they should promptly cease using the Service.
This Agreement applies to all relationships related to the use of the Service between Users and the Provider.
In the case of a minor using the Service, it is considered that they have obtained the consent of their legal representative, such as a parent or guardian.

Article 2 (Revision or Amendment of this Agreement)

The content of this Agreement may be changed without prior notice or consent of the Users if deemed necessary by the Provider. The revised terms will be posted on the Service or the website operated by the Provider.
By using the Service after such changes, Users are considered to have agreed to the changes. The Provider will not individually notify each User of changes or additions to this Agreement. Users are responsible for checking the latest content of this Agreement and using the Service accordingly.
The Provider may establish various rules, in addition to this Agreement, regarding the use of the Service (hereinafter referred to as "Individual Provisions"). In the event of a conflict between the provisions of this Agreement and the Individual Provisions of the preceding article, unless otherwise specified in the Individual Provisions, the provisions of this Agreement shall take precedence.

Article 3 (Use of the Service)

Users can use the Service within the scope of personal and non-commercial use, following the methods determined by the Provider.
Users can use the Service only if they confirm the legal rights for the reproduction and use of photos. Users are responsible for using the Service at their own risk and assume full responsibility for their actions in the Service and photos taken with the Service.
The Service, in whole or in part, may be unavailable depending on the user's environment.
Users bear all costs associated with the use of the Service, including the necessary environment, internet connection, and any required repairs, maintenance, or other costs for using the Service.

Article 4 (Membership Registration)

Users may apply for membership registration by providing their registration information to the Provider when using the Service.
Membership registration must be applied for by the individual intending to use the Service, and applications by representatives on behalf of another individual are generally not accepted. Additionally, applicants must provide truthful, accurate, and up-to-date information to the Provider when applying for registration.
If a minor applies for membership registration, they must obtain comprehensive consent from their legal guardian, such as a parent, in advance regarding the use of this Service.
The Provider may refuse membership registration if the applicant falls under any of the following conditions:
1. If the Provider determines that there is a risk of violating these Terms of Use.
2. If any of the provided registration information is found to be false, incorrect, or incomplete.
3. If the applicant has previously had their membership registration canceled.
4. If the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of their legal representative, guardian, curator, or assistant.
5. If the applicant is determined to be a member of an antisocial organization or is involved in maintaining, operating, or managing such organizations through financial support or other means.
6. If the Provider deems the registration inappropriate for any other reason.
When the Provider approves the membership registration, an account will be assigned to the user, and the registration will be deemed complete upon the assignment of the account.
Users who have completed membership registration must promptly notify the Provider of any changes to their registration information in the manner prescribed by the Provider.

Article 5 (Paid Content)

The usage fee for paid content provided by the Provider will be as separately specified.
The Provider may, at its discretion and without obtaining prior consent from users or payers of paid content, change the usage fee for paid content.
The payment of the usage fee for paid content shall be made directly by the payer of the paid content to the operator of the app store selling the relevant paid content, following the contract between the payer of the paid content and the app store operator.
Inquiries regarding the payment of the usage fee for paid content or requests for a refund of the paid usage fee shall be directed to the operator of the app store where the paid content was purchased or the credit card company, and the Provider shall not respond to any inquiries or requests for a refund of the paid usage fee from the payer of the paid content or the user.

Article 6 (Copyright, etc.)

Intellectual property rights (including but not limited to copyright, design rights, trademark rights, and expertise) regarding the Service and various information displayed on the Service belong to the Provider or the respective right holders. However, intellectual property rights related to photos taken by Users using the Service belong to the Users.

Article 7 (Advertisements)

The Provider may display advertisements from the Provider or third parties within the Service.
Users shall make their own decisions regarding the use of the content, advertisements, products, services, or other offerings from advertisers, and the Provider shall not be liable for any damages incurred by the user as a result of using or being unable to use those offerings.

Article 8 (Prohibited Actions)

Users are prohibited from engaging in the following actions when using the Service.
1. Acts that infringe on the copyrights, design rights, trademark rights, expertise, or any other intellectual property rights of the Provider or third parties, or acts that may pose such a risk.
2. Acts that violate laws or public order and morals, or acts that may pose such a risk.
3. Acts that harm other users or third parties, or acts that may pose such a risk.
4. Acts that hinder the operation of the Service, or acts that may pose such a risk.
5. Acts that damage the credibility of the Provider or the Service, or acts that may pose such a risk.
6. Acts such as reverse engineering, decompiling, or disassembling software information and works included in the Service.
7. Transmitting information, including computer viruses and other harmful computer programs.
8. Lending, transferring, selling, etc., the content of the Service to third parties for a fee, and all preparations for such applications, including solicitation, application, and acceptance, regardless of whether within or outside the Service.
9. Any other acts that the Provider deems inappropriate and reasonable.
If a user performs any of the acts specified in the preceding paragraph, the Provider may take necessary measures without prior notice, and even if the user suffers any disadvantage as a result of such measures, the Provider shall not be liable.

Article 9 (Cancellation of Membership Registration and Restrictions on User Access)

The Provider may cancel a user’s membership registration or restrict their use of the Service without prior notice if the user falls under any of the following circumstances:
1. If the Provider determines that the user’s actions violate these Terms of Use.
2. If the user is no longer able to receive services from Apple.
3. If it is discovered that the registration information provided by the user contains false information.
4. If the user uses or attempts to use the Service for purposes or by methods that may cause harm to the Provider, other users, or third parties.
5. If the user interferes with the operation of the Service by any means.
6. If the user becomes subject to payment suspension or insolvency, or if bankruptcy, civil rehabilitation, or similar proceedings are filed against them.
7. If the user issues or endorses a bill or check that is dishonored, or if they are subject to a transaction suspension by a clearinghouse or any similar action.
8. If the user becomes subject to seizure, provisional seizure, provisional disposition, compulsory execution, or auction proceedings.
9. If the user becomes subject to a disposition for delinquent tax payments.
10. If the user dies or becomes subject to a court ruling for commencement of guardianship, curatorship, or assistance.
11. If the user falls under any of the conditions listed in Article 4 (Membership Registration), Paragraph 4.
12. If, in addition to the above, the Provider deems it inappropriate for the user to continue their membership registration.
If any of the circumstances in the preceding paragraph apply, the registered user will automatically lose the benefit of time for any debts owed to the Provider and must immediately pay all debts to the Provider.
Notwithstanding the provisions of Paragraph 1, the Provider may, at its discretion, cancel a user's membership registration or restrict their use of the Service by notifying the user.

Article 10 (User-Initiated Membership Cancellation)

Users may cancel their membership registration through the method specified by the Provider.
If the user has any debts owed to the Provider (including but not limited to obligations under these Terms of Use and any compensation for damages owed to the Provider), they will automatically lose the benefit of time upon cancellation of their membership registration and must immediately fulfill all debts owed to the Provider.
Users will not be exempt from any obligations or debts incurred through the use of the Service even after their membership registration is canceled.
The Provider may retain, use, or delete the user's account and any data or other information provided by the user to the Provider even after the user's membership registration is canceled.
If a user wishes to register again after canceling their membership registration, they must go through the registration process anew. The user agrees in advance that any data from before the cancellation will not be carried over even after re-registration.
The Provider will not hand over any data or other information provided by the user to the Provider after the membership registration is canceled, and the user agrees to this without objection.

Article 11 (Suspension, Change, or Termination of the Service)

The Provider may, without prior notice to the Users, suspend or interrupt the provision of all or part of the Service if it determines that any of the following reasons exist. The Provider shall not be liable for any disadvantages or damages incurred by Users or third parties due to this.
1. When performing maintenance or updates of the computer system for the Service.
2. In the event of Force Majeure, including, but not limited to earthquakes, lightning, fires, power outages, or natural disasters, making it difficult to provide the Service.
3. In the event of an accident causing the computer or communication line, etc., to stop.
4. When the Service cannot be provided due to measures based on laws and regulations.
5. When other services provided by third parties are suspended or terminated.
6. When the Provider deems it difficult to provide the Service for other reasons.
The Provider may change or discontinue all or part of the Service without notifying Users, and the Provider shall not be liable for any disadvantages or damages incurred by Users or third parties due to this.

Article 12 (Disclaimer)

The Provider does not explicitly or implicitly guarantee that the Service is free from defects (including but not limited to defects in safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, and security, etc., whether factual or legal).
The Provider does not explicitly or implicitly guarantee the operation of the Service, or its compatibility with terminal OS or usage equipment.
The Provider does not explicitly or implicitly guarantee the accuracy, completeness, timeliness, and quality of information displayed on the Service. The Provider shall not be liable for any damages or troubles incurred by customers in connection with information displayed on the Service and its changes, updates, etc.
The Provider has no obligation to retain the usage history and other information obtained through the use of the Service.
The Provider shall not be liable for any damages incurred by users due to the Service.
The Provider shall not be liable for any transactions, communications, or disputes, etc., that occur between users and other users or third parties regarding the Service.

Article 13 (Handling of User Information)

The Provider will handle personal information acquired through the use of the Service appropriately in accordance with the separately specified "Privacy Policy.”
The Provider may provide information collected from Users (such as user registration information, cookies, device-specific information, location information, etc.) to companies that provide advertising services within the necessary scope for displaying advertisements on the Service.

Article 14 (Governing Law and Dispute Resolution)

This Agreement shall be governed by Japanese law.
In the event of a dispute related to the Service, the Osaka District Court shall be the exclusive court of first instance for agreed-upon jurisdiction.