beatcamera Terms of Use

beatcamera Terms of UseThese Terms of Use (the "Terms of Use") sets forth the terms and conditions for the use of"beatcamera" (the "Service") provided by Beatcamera Inc (the "Company") to users of the Service(the "User" or "Users", depending upon the context).

1.　Definition

1. "App" means the "beatcamera" application software for smartphones and tablet devicesprovided by the Company for the Service.
2. "Music Materials" means the music and rhythm patterns that can be used to enhance thevideo in the Service, and any all other materials provided by the Company through theService.
3. "Additional video materials" refers to the images, effects, video, and other materials that areadded to the original video when the user uses the application to generate video in theService.

2. Agree to the Terms and Conditions

1. All Users shall use the Service following the provisions of the Terms of Use with agreeing tothe Terms of Use. Users who do not agree to the Terms and Use may not use the Service andwill be deemed to have agreed to the Terms of Use without objection when they use theService.
2. Users who are minors may only use the Service by obtaining the prior consent of a legalrepresentative such as a person with parental authority. Without the consent of a legalrepresentative but falsely claims to have consent, or using the Service with falsely claims to beof age as a majority, or engages in any other similar act, all legal acts related to the Servicemay not be revoked
3. If Users who were a minor at the time of consenting to the Terms of Use use the Service afterreaching the age of majority, such Users shall be deemed to have ratified all legal acts relatedto the Service.

3.　Attribution of rights

1. The App,the Music materials, the Additional video materials, and other any all rights related tothe Service (including,but not limited to,intellectual property rights such as copyrights,trademark rights, and patent rights) belong to the Company or a third party that has licensedthe rights to the Company.
2. In using the Service, Users shall manage their work at their own risk so as not to infringe onthe copyrights and the like of third parties, and the Company shall not be concerned withwhether or not Users' works infringe on the copyrights and the like of third parties.

4. Terms and conditions for providing the Service

1. The Company grants Users the right to use the Service following the Terms of Use and theterms of use posted within the Service. Users may not transfer or lend the right to use theService to a third party.
2. The intellectual property rights and ownership of the Music materials and the Additional videomaterials are not transferred to Users even if they are displayed as "purchase" or"subscription" on the screen of the Service. Users are granted only the right to use the Musicmaterials and the Additional video materials for the sole purpose of processing videos throughthe Service.
3. The Company may place advertisements of the Company or third parties on the Service.
4. The Company may change the contents of the Service, in whole or in part if the Companydeems it necessary.
5. The Company may suspend the provision of all or part of the Service without prior notice toUsers in any of the following cases:
1. To perform system maintenance or repair;
2. If the provision of the Service becomes impossible due to force majeure such as fire,power outage or other accidents, natural disasters, war, epidemics, riots, labor disputes, etc;
3. In the event of a system failure or when the load on the system is concentrated;
4. To ensure the safety of Users or a third party, or when an emergency is required for thepublic interest;
5. If the Company terminates the Service;
6. In addition to the items A. through E. above, if the Company reasonably determines thatit is necessary;

5. Privacy

• The Company respects the privacy of Users. The Company treats Users' privacy and personalinformation appropriately following its Privacy Policy.

6. Services of third parties other than the Company

• The Service may include services or contents provided by third parties other than the Company.The Company assumes no responsibility for these services or contents.In addition, theseservices or contents may be subject to the Terms of Use and other conditions set forth by thethird parties that provide them.

7. Prohibited acts

The Company prohibits following acts by Users related to the Service.

1. Violation of laws and regulations, court judgments, decisions or orders, or legally bindingadministrative measures
2. Actions that may be contrary to public order or good morals
3. Infringing acts to the Company's or a third parties' copyrights, trademarks, patents or otherintellectual property rights, honor rights, privacy rights, or other legal or contractual rights
4. Posting or transmitting excessively violent expressions, explicit sexual expressions,expressions that are equivalent to child pornography or child abuse, expressions that lead todiscrimination based on race, nationality, creed, gender, social status, or family origin and thelike, expressions that induce or encourage suicide, self-injury, or drug abuse, expressions thatcause discomfort to others including other antisocial contents, or any expressions that theCompany deems inappropriate as equivalent to such expressions.
5. mpersonating the Company or third parties, or intentionally causing false information to bedisseminated
6. Use of the Service for the purpose of harassment or slander of other Users, or any otherpurpose different from the intended use of the Service.
7. Intentional deletion or alteration of copyright notices and other rights notices, the Musicmaterials, or the Additional video materials contained in the video output from the Servicewithout our permission.
8. Provision of benefits or other acts of cooperation to antisocial forces
9. Illegally collecting, disclosing, or providing personal information, registration information, orusage history information of others.
10. Causing impediments to the server or network system of the Service, actions that use BOT,cheat tools, or other technical means to operate the Service illegally, or actions thatintentionally use defects in the Service.
11. Disassembling, decompiling, or reverse-engineering the App, or other acts analyzing thesource code, structure, or ideas and the like of the App
12. Duplicating, altering, adapting, or combining and the like the App with other software.
13. Storing the App on the network in such a way that it can be transmitted to third parties.
14. To make unreasonable inquiries or demands to the Company, such as repeating the samequestion more than necessary, or to otherwise interfere with the operation of the Service bythe Company or the use of the Service by other Users, or to interfere with these.
15. Assisting or encouraging any of each act described in 1. through 14. above.
16. In addition to the items specified in 1. through 14. above, any act that the Companyreasonably determines to be inappropriate.

8. Customer's responsibility

1. Users shall use the Service at their own risk and shall have all any responsibility for all actionstaken in the Service and the results thereof. Users shall back up themselves the imagesprocessed and decorated by Users using the Service.
2. If Users fall under or is likely to fall under any of the following, the Company may, without priornotice to Users suspend or revoke the right to use the Music materials and the Additional videomaterials, suspend use of all or part of the Service, terminate any contract between Users andthe Company regarding the Service (including any contract based on these Terms of Use, hereinafter the same shall apply) or take any other measures that the Company reasonablydeems necessary and appropriate.
1. In the event of a violation of applicable laws and regulations or the Terms of Use.
2. If Users are a member of an antisocial force or a person related to such a force
3. If the Company's credibility is damaged through the use of rumor-mongering, deception,force, or other wrongful means.
4. In addition to the provisions of A. through C. above, in the event lost the trust with theUser, or other that the Company reasonably determines that it is no longer appropriate toprovide the Service to the User.
3. Users shall immediately compensate the Company for such damage according to theCompany's request if the use of the Service (including cases where the Company receives aclaim from third parties that is caused by the use of the Service by Users) caused theCompany suffers any direct or indirect damage. (including the burden of attorney's fees.)

9. Non-warranty

• The Company shall provide no warranty, either expressly or impliedly, that the Service is free ofdefects (including, but not limited to, defects in security, errors or bugs, or infringement of rights),and the security, reliability, accuracy, completeness, effectiveness, and fitness for a particularpurpose of the Service. The Company shall not be under the obligation to provide the Service toUsers, removing such defects.

10. Disclaimer

1. The Company shall not be liable for all any damages incurred by Users arising from theService, except in cases where such damages are caused by the Company's intentional act orgross negligence. However, if the contract between Users and the Company regarding theService is a consumer contract as defined in the Consumer Contract Act Article 2(3) (Act No.61 of May 12, 2000; hereinafter referred to as "Consumer Contract"), for any default or tortcaused by the Company's negligence (excluding gross negligence), the Company shall not beliable to compensate for damages caused by lost profits or other special circumstances, shallbe liable to compensate for damages within the scope that should normally occur and up tothe amount of the usage fee for the Service received from Users in the month in which suchdamages occur.
2. If damages are caused to Users due to the Company's gross negligence, the Company shallnot be liable for compensation for lost profits or other damages caused by specialcircumstances, and shall be liable for compensation for damages within which the scope thatshould normally occur and up to which the amount of the usage fee for the Service receivedfrom Users in the month in which such damages occur. However, this shall not apply if thecontract between Users and the Company regarding the Service is a Consumer Contract.

11. Modification of this agreement

• The Company may modify the Terms of Use within the scope of the purpose of the Service if theCompany deems it necessary. In the case, the Company shall make the contents of the amendedTerms of Use and the date of commencement of application known to Users, by displaying themon the Service or the Company's website, or notifying Users in a manner determined by theCompany, and the amended Terms of Use shall become effective on the date of commencementof application. The User shall be deemed to have agreed to the revised Terms of Use withoutobjection at the time the User uses the Service after the revision of the Terms of Use.

12. Relationship between this Agreement and Laws and Regulations

• If any provision of the Terms of Use is deemed to be contrary to the Consumer Contract Act orother laws and regulations applicable to the contract between the User and the Companyregarding the Service, such provision shall not apply to the contract with the User to the extentthat. However, this shall not affect the validity of the other provisions of the Terms of Use.

13. Governing Law and Jurisdiction

• The Terms of Use sets forth Japanese as the governing language and shall be governed by thelaws of Japan. Any dispute arising between Users and the Company arising out of or inconnection with the Service shall be subject to the exclusive jurisdiction of the Tokyo DistrictCourt as the court of the first instance.

End

2021/3/31