Terms of Use

 

These Terms of Use (“Terms”) set forth the conditions for using the application, “It's a Small RomanTick World“ (“Application”) provided by  Mirai Roman LLC (“Company”) and shall apply to the User(defined in Article 2). User is  encouraged to read these Terms prior to the use of the Application. User may not use the Application unless they have consented to these Terms.  

  1. (Applicable Scope)
  1.  These Terms set forth the relationship between the Company and User regarding the conditions for the provision and the use of the Application and shall apply to any and all relationship between User and the Company pertaining to the use of the Application.
  2.  If the Company publishes separate provisions or additional provisions (“Additional Provisions”) for the Application to a screen in the Application or Company’s Website (defined in the next Article), such Additional Provisions shall constitute a part of these Terms. If such Additional Provisions conflicts with these Terms, such Additional Provisions shall prevail.

  1. (Definition)
  1. The following terms used herein shall have the meanings set forth below
  1. “Company’s Website” means a website (https://www.small-romantick-world.com/) dedicated to the Application operated by the Company.
  2. “User” means a user of the Application.
  3. “User ID” means a user-specific character string (including a combination of character strings, a password and a code given for support, etc.) given by the Company for User identification, etc.
  4. “Contents” means any information to which the User may access in the Application or on Company’s Website (including but not limited to writings, images, movies, and other data.).
  5. “Paid Points” means  in-game payment methods used in the Application that are issued with consideration from User.
  6. “Free Points” means  in-game payment methods used in the Application that are issued without compensation from User.
  7. “Points” means general terms for Paid Points and Free Points.
  8. “Intellectual Property Right” means all and any patents right, utility model right, trademark right, design right, copyright, and other intellectual property rights (including the right to apply for obtaining those rights and to register, renew or extend those rights) under any countries, states, regions, and jurisdictions.
  9. “Anti-Social Forces” means an organized crime group, related company of an organized crime group, corporate racketeer, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities, crime groups specialized in intellectual crimes, and other organizations conducting antisocial activities and its members.
  10. “Laws and Regulations” means general terms of laws, cabinet orders, notice, rules, order, directive, guideline, and other rules.

  1.  (Amendment)
  1. If the Company deems necessary to do so, the Company may amend these Terms in the following manner:
  1. amendment of these Terms conforms to the general interest of the User.
  2. amendment of these Terms does not run afoul of the purpose of these Terms and is reasonable in light of circumstances concerning amendment such as the necessity of amendment, the appropriateness of the details of the amended conditions.
  1. In the case set forth in the preceding paragraph, the Company shall give User notice of the fact that the Company will amend these Terms, its amended contents, and the effective date of the amendment on the Company’s Website or in any other appropriate way, no later than two (2) weeks prior to the date when such amendments become effective. 
  2.  In addition to what is specified in the preceding two paragraphs, the Company may amend these Terms with the consent of Users in a manner specified by the Company.

  1. (Use of the Application)
  1. If User falls under any of the following circumstances detailed hereunder, the User may not use the Application. The User shall immediately notify the Company if the User falls under the circumstances.
  1. the User does not meet the terms of use provided in this Article or prescribed by the Company;
  2. any or all the Information about the User provided by the User to the Company is found to be false, inaccurate, or omitted;
  3. the Useris either a minor, an adult ward, a person under curatorship or a person under assistance and has not obtained the consent of legal representatives, a guardian, a curator, or an assistant;
  4. the User is or is likely to be sentenced as guilty in a criminal proceeding.
  5. the User is or was a member of the Anti-Social Force or has interaction or involvement with an Anti-Social Force;
  6. the User has breached the contract with the Company and/or violated other agreements with the Company or has been rejected or revoked the registration of the Application or other services of the Company, or the User falls under the category of relevant person hereof;
  7. the User engages, or is likely to engage, in conduct that breaches these Terms; or
  8. in the circumstances that the Company determines that the use by the User is inappropriate.
  1.  When minors use the Application (including the purchase of Paid Contents (defined in the next Article) and Paid Points, hereinafter the same shall apply in this paragraph), the minor may do so; provided, however, that the minor shall gain the consent of its legal representative. Upon the start of using the Application  by such minor, the use of the Application and the contents of these Terms shall be deemed to have been agreed by its legal representative. The User of this Application shall be deemed to have ratified any and all juristic acts with respect to the Application, if the User, who was minor at the time of consent to these Terms, uses the Application after he or she has reached majority.
  2.  The Company shall grant User a User ID.    
  3.  Upon the consent to these Terms and the start of using the Application by an User, an Application agreement (“Application Agreement”) shall be deemed to have been concluded between the User and the Company, and the User may use the Application in accordance with the method specified by the Company to the extent of the purpose of these Terms and that the User does not breach these Terms.

  1.  (Paid Contents)
  1.  The User may purchase the paid contents (“Paid Contents”)by paying usage fee of the Paid Contents  to the Company. The Company shall separately determine the contents of Paid Contents, the amount of usage fee of the Paid Contents, settlement method, and other necessary matters and shall display such information on the screen used in the Application or on the Company’s Website or notify the User thereof.    
  2.  In the event that User delays making payment of the usage  fee of the Paid Contents, the User shall pay the Company late charge at the yearly rate of 14.6%.    
  3.  The Company may revise the amount of usage fee of the Paid Contents when the Company deems necessary. In such case, the Company shall give User notice of the fact that the Company will revise the amount of usage fee or pricing plan of the Paid Contents, revised contents, and the effective date of such revision on the Company’s Website or in Application  no later than two (2) weeks prior to the date when the revision becomes effective, provided that the Company shall gain the consent of the User in a manner specified by the Company if the consent of User for such revision is required by law.
  4. In certain circumstances, the Company may cause a third party’s services, such as a settlement service to be used for making payment settlement or to process information in the Paid Contents. In such circumstances, the Company assumes no liability for any disputes, claims, lawsuit, infringement of rights, and damages arising out of or in connection with the use of the settlement service of the third party.  

  1. (Acquisition and Use of Points)
  1.  User may apply for the purchase of Paid Points in the Application. When purchasing Paid Points, User shall follow the method specified separately by the Company on the screen used in the Application or on the Company's Website.
  2.  If User is a minor, the Company may set an upper limit on the purchase amount of Paid Points, etc. per fixed period depending on the age of the User. The target and contents of the restrictions will be determined separately on the screen used in the Application or on the Company’s Website.
  3.  The Company may grant Free Points to User if the Company specifies otherwise.
  4.  Paid Points and Free Points are recorded separately, and Paid Points and Free Points cannot be exchanged with each other in the Application.
  5.  The Company permits the private use of Points within the scope of use of the Application, but does not transfer or grant any ownership-like rights to the User to freely use, profit from, or dispose of the Points.
  6.  The Company will not refund any Points given to User unless legally required. In the event of a refund based on laws and regulations, the refund method and conditions shall be posted in a manner separately determined by the Company.
  7.  Points may only be used for the User's own User ID. In addition, we do not guarantee compatibility between two or more terminals under multiple different environments.

  1. (Obligations of User)
  1.  User shall use the Application in accordance with these Terms and the instructions for using the Application or instruction manual of the Application separately prescribed by the Company.  
  2.  User shall warrant the accuracy of any information provided to the Company during the term of the Application Agreement.
  3. User shall, at its own responsibility, properly maintain and keep the User ID for the Application and may not allow or cause a third party to use, or lend, transfer, change of the ownership or sell the same to a third party. The User hereby acknowledges and agrees that in the event the Company verifies the combination of User ID, the Company will deem that the User who has been granted such User ID has used the Application.        
  4.  The Company shall not be responsible for any damages caused by User’s insufficient management, misuse, and the use by a third party of the User ID, and the Company shall not be in any way liable for the damages resulted from the User’s failure to comply with the foregoing.
  5.  The User shall immediately notify the Company upon discovery that the User’s User ID for the Application has been stolen or misappropriated by a third party and shall follow the instructions of the Company to resolve the matter.
  6.  User shall provide the Company with information that is deemed to be necessary by the Company for the Application or the maintenance of the Application at any time upon request by the Company.

  1.  (Prohibited Acts)
  1. In using the Application, the User shall not engage in any of the acts set forth below:
  1. any act that breach these Terms;
  2. any act that violates Laws and Regulations or relates to criminal activities;
  3. fraud or intimidation to the Company or third party;
  4. any act that violates public order and morality;
  5. any act that is related to Anti-Social Forces and offering a profit to Anti-Social Forces.
  6. any act that is infringing any Intellectual Property Right, publicity right, privacy, personal honor right, or any other rights or interests of the Company or any third party.
  7. any act to defame the Company or a third party.
  8.   any act that heavily load the Company’s network or system;
  9. any act of unauthorized accessing or attempting to access the Company’s network or system;
  10. any act of spoofing, illicit display of relationships between a person itself and others or organization, concealing or attempt to conceal one’s identity;
  11. any act of using user ID of other Users or causing others to use user ID of others;
  12. any act that gives disadvantage or damage or provides a sense of discomfort to the Company or a third party;
  13. any act that intends for meeting unacquainted persons of a third party;
  14. any act of copying, selling, publishing or using information acquired through the Application, unless otherwise expressly stipulated in these Terms or acknowledged by the Company separately,
  15. any act of interfering the operation of the Application or defaming or likely to defaming the credibility of the Company;
  16. any act of copying, distributing or disclosing a part of Application;
  17. any act of modifying, deleting, recompiling, reassembling, or reverse engineering of programs related to the Application or Company’s Website or Any act of determining the architecture of Company’s Website by monitoring network or using detective software;
  18. any act that causes inconsistency and/or interferes with or impairs the safety of systems of the Application, or attempts to send signals to servers operating the Application or decode signals from such server;
  19. any act of uploading invalid date, virus, worm or other software agents through the Application;
  20. any act of collecting or acquiring information that can identify individuals (including user ID) through the Application;
  21. unless otherwise expressively stipulated in these Terms or acknowledged by the Company separately, any act that intends for using Application for commercial purpose or providing benefits to a third party;
  22. any act that cause or ease, directly or indirectly, acts that fall under any of the proceeding items; or
  23. any other acts as deemed inappropriate by the Company.

  1.  (Change, Termination, and Suspension of the Application)
  1.  The Company may, at its sole discretion, change the contents of the Application or cease the Application. In the case where the Company ceases the Application, the Company shall notify thereof to User in advance.
  2.  If any of the items in the following occur, the Company may temporarily terminate or suspend all or a part of Application without giving prior notice to User:
  1. an emergency or periodical check, or maintenance of computer systems for the Application;
  2. provision of the Application is rendered difficult due to failure, operation mistake, access concentration, hacking, or other unexpected error in computer or communication lines.  
  3. any security problems of the Application;
  4. operation of the Application is rendered difficult due to the act of God such as earthquake, lightning strike, fire, storm and flood damage, blackout, or natural disasters, etc.
  5. proper operation of the Application becomes difficult; or
  6. the Company judged rationally that it is necessary to terminate or suspend the Application.

  1.  (Cancellation)
  1.  User may cancel the Application Agreement and terminate the use of the Application by a method specified by the Company. In such case, the User is no longer use the Application.
  2.  Unless otherwise specified in these Terms, the Company will not refund any fee of the Paid Contens  and Paid Points received by the Company upon canceling the Application Agreement by the User.
  3.  If User has any liability to the Company upon the cancellation of the Application Agreement, all and any of its liabilities to the Company shall become automatically due and the User shall immediately fulfill such liabilities.
  4.  If the User cancels the Application Agreement by mistake and/or forfeit one’s right to use the Application, the User may no longer be able to use the user ID and other information accumulated in the Application for any reason whatsoever.  

  1. (Termination)
  1.  If User falls under any of the following items, the Company may temporarily limit User from using the Application or terminate the Application Agreement without giving prior notice or making a demand to User.
  1. if User breach any of the terms and/or warranties herein (However, the proviso in Article 541 of Civil Code shall not apply);
  2. if User falls under any of the items prescribed in Article 4 paragraph 1;
  3. if User becomes insolvent or a petition for proceeding of bankruptcy, civil rehabilitation or any other similar proceedings is filed;
  4. if User dies or an order of the commencement of guardianship, curatorship or assistance for the User is made;
  5. if User does not respond to the Company’s inquiry and/or any other messages from the Company asking for its response for not less than seven (7) days;
  6. if User is not using the Application for more than six (6) months; or
  7. if User is deemed inappropriate as a User by the Company.
  1.  If User falls under any of the items of the preceding paragraph, all and any liabilities owned to the Company shall become automatically due and the User shall immediately fulfill such liabilities.  

  1.  (Intellectual Property Right and User Contents)

Intellectual Property Right in relation to the Application shall belong to the Company or the person who grants the license to the Company, and the execution of the Application Agreement between the Company and User, and the license granted to the User for use the Application shall not be construed that the Company or such person that grants the license of the Intellectual Property Rights to the Company transfer the Intellectual Property Rights to the User.

  1.  (Disclaimer and Compensation)
  1.  The Company will provide the Application on an as is basis, and the Company makes no warranties, express or implied, as to the fitness to  the User’s  particular purpose, accuracy, validity, credibility, and fitness for the purposes that the User is expecting, and that its compliance with the  Laws and Regulations.
  2.  The Company shall not be obliged to retain any information on the User.
  3.   User acknowledges in advance that the use of part or all of the Application may be restricted due to changes in the terms of use of app stores such as the App Store and Google Play.
  4.  The Company assumes no responsibility for the management of  User’s information, and personal information managed by a third party of an  external Applications provider linked with the Application.
  5. User shall, at its own expense and responsibility, correspond and resolve any transactions, communications, and disputes with other Users or a third party in relation to the use of the Application, and the Company shall not be in any way liable for corresponding and resolving such transactions, communications and disputes.
  6.  In no event shall the aggregated liability of the Company for the damages incurred by User in relation to the Application and/or these Terms, whether in contract, tort, or otherwise, except when there was intent or gross negligence of the Company, exceed the total amount of usage fee received by the Company from the User under these Terms for a period of three (3) months before the occurrence of such damage and the Company shall not be held liable for any special, incidental, indirect, future damage and loss of profits.    
  7.  User shall pay compensation for any loss, expense, damages, and liabilities (including reasonable attorney’s fee and the court costs) bore by the Company or its relative person in connection with User’s breach of these Terms.

  1. (Privacy)

The Company shall treat personal information of User in accordance with Company’s Privacy Policy (http://mirairoman.com/-4). User consents that the Company will treat such personal information in accordance with such Privacy Policy.

  1. (Contact Information)

As a general rule, the Company will contact and/or give notice of the Application to User at the screen used in the Application or on the Company’s Website.

  1.  (Confidentiality)
  1.  User acknowledges and agrees that User will treat any information disclosed by User to the Company that the Company has been notified User that such information shall be treated confidential, except with prior written consent of the Company.
  2.  User shall return or dispose of the confidential information in the preceding paragraph, documents, or other storage media on which such information is entered or recorded, and all copies thereof without delay at any time upon request from the Company in accordance with instructions to be provided by the Company.

  1. (Assignment)
  1.  User may not assign, transfer, pledge as security or dispose of any contractual status hereof and title, obligation hereunder without the written approval of Company.
  2.  The User hereby agrees that in the event the Company transfers its business relating to the Application, the Company shall be able to also transfer its title, rights and obligations hereunder, and other information to the transferee. The same shall apply for the cases of general successions including mergers and company split where the Company is being absorbed or split.

  1.  (Severability)

In the event that any provision or part thereof is found invalid or unenforceable under any applicable Laws and Regulations, the remainder or a part of these Terms shall remain in full force and effect, and the Company and User shall endeavor to make such invalid or unenforceable provision or part legitimate and to amend it to the extent necessary to enforce it so as to ensure intent or legal and economic effect to such invalid or unenforceable provisions or parts.  

  1.  (Governing Law and Jurisdiction)
  1.  These Terms and the use of Application shall be governed by and construed in accordance with the laws of Japan.
  2.  Any dispute arising out of or in connection with these Terms and the use of the Application shall be submitted to the exclusive jurisdiction of the Tokyo District Court of the first instance.

Established on 14/03/2022