These Terms of Use (hereinafter referred to as "these Terms") set forth the conditions for using the services provided by "Shopping List" through this application (hereinafter referred to as "the Service"). All registered users (hereinafter referred to as "Users") are expected to use the Service in accordance with these Terms.
The primary purpose of the Service is to enable Users to create and manage shopping lists, including adding, deleting, and editing items.
These Terms shall apply to all relationships between Users and the Company regarding the use of the Service.
In addition to these Terms, the Company may establish various rules and regulations regarding the use of the Service (hereinafter referred to as "Individual Provisions"). Regardless of their titles, such Individual Provisions shall constitute a part of these Terms.
In the event of any conflict between the provisions of these Terms and the Individual Provisions of the preceding article, the Individual Provisions shall take precedence unless otherwise specified in the Individual Provisions.
Registration for the Service shall be completed when the applicant agrees to these Terms, applies for registration in the manner prescribed by the Company, and the Company notifies the applicant of its approval.
The Company may decline to approve a registration application if it determines that the applicant falls under any of the following reasons, and shall have no obligation to disclose the reasons:
Users shall manage their User IDs and passwords for the Service at their own responsibility.
Under no circumstances may Users transfer or lend their User IDs and passwords to third parties, or share them with third parties. When a login is made with a combination of User ID and password that matches the registered information, the Company shall deem the login as being made by the User who registered that User ID.
The Company shall not be liable for any damages arising from the use of a User ID and password by a third party, except in cases of intentional misconduct or gross negligence on the part of the Company.
Users shall not engage in any of the following activities when using the Service:
Activities that violate laws or public order and morals
Activities related to criminal acts
Activities that destroy or interfere with the functionality of the servers or networks of the Company, other Users of the Service, or third parties
Activities that may interfere with the operation of the Company's services
Activities involving the collection or accumulation of personal information about other Users
Unauthorized access or attempts thereof
Impersonating other Users
Activities that directly or indirectly provide benefits to antisocial forces in connection with the Company's services
Activities that infringe upon the intellectual property rights, portrait rights, privacy, reputation, or other rights or interests of the Company, other Users of the Service, or third parties
Posting or transmitting content on the Service that includes, or that the Company deems to include, the following expressions:
Excessively violent expressions
Explicit sexual expressions
Expressions that lead to discrimination based on race, nationality, creed, gender, social status, family origin, etc.
Expressions that induce or promote suicide, self-harm, or drug abuse
Other antisocial content that causes discomfort to others
Activities that are intended for, or that the Company deems to be intended for, the following purposes:
Sales, advertising, promotion, solicitation, or other commercial activities (except those approved by the Company)
Activities intended for sexual acts or obscene behavior
Activities intended for meeting or dating unfamiliar persons of the opposite sex
Activities intended for harassment or defamation of other Users
Activities intended to cause disadvantage, damage, or discomfort to the Company, other Users of the Service, or third parties
Using the Service for purposes other than its intended use
Religious activities or recruitment for religious organizations
Other activities that the Company deems inappropriate
The Company may suspend or discontinue all or part of the Service without prior notice to Users if it determines that any of the following reasons exist:
When performing maintenance, inspection, or updates to the computer systems related to the Service
When provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters
When computers or communication lines are halted due to an accident
When the Company otherwise determines that provision of the Service is difficult
The Company shall not be liable for any disadvantage or damage incurred by Users or third parties due to the suspension or discontinuation of the Service.
Users may only use the Service to post or upload text, images, videos, and other information for which they hold the necessary intellectual property rights, including copyrights, or for which they have obtained permission from the relevant rights holders.
The copyright of text, images, videos, and other content posted or uploaded by Users through the Service shall remain with the respective Users or existing rights holders. However, the Company may use such content to the extent necessary for improving the Service, enhancing quality, correcting deficiencies, and promoting the Service, and Users shall not exercise moral rights of authorship with respect to such use.
Except as provided in the preceding paragraph, all copyrights and other intellectual property rights related to the Service and all information associated with the Service belong to the Company or the rights holders who have licensed their use to the Company. Users shall not reproduce, transfer, lend, translate, modify, reprint, publicly transmit (including making available for transmission), distribute, publish, or commercially use such content without authorization.
The Company may, without prior notice, delete posted data and restrict all or part of the User's use of the Service or delete the User's registration if the User falls under any of the following:
If the User violates any provision of these Terms
If false information is found in the registered information
If the credit card reported by the User as a payment method has been suspended
If there is a default in payment obligations such as fees
If there is no response to communications from the Company for a certain period
If the Service has not been used for a certain period since the last use
If the Company otherwise determines that use of the Service is inappropriate
If any of the items in the preceding paragraph apply, the User shall automatically lose the benefit of time regarding all obligations to the Company and shall immediately pay all outstanding obligations in full at that time.
The Company shall not be liable for any damages incurred by Users as a result of actions taken by the Company under this article.
Users may withdraw from the Service through the withdrawal procedures prescribed by the Company.
The Company does not expressly or impliedly warrant that the Service is free from defects in fact or in law (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, or infringement of rights).
The Company shall not be liable for any damages arising from the Service to Users, except in cases of intentional misconduct or gross negligence on the part of the Company. However, this disclaimer shall not apply if the contract between the Company and the User regarding the Service (including these Terms) constitutes a consumer contract as defined by the Consumer Contract Act.
Even in the cases set forth in the proviso of the preceding paragraph, the Company shall not be liable for damages arising from special circumstances resulting from the Company's negligence (excluding gross negligence) in non-performance of obligations or tortious acts (including cases where the Company or the User foresaw or could have foreseen the occurrence of damages). Furthermore, compensation for damages caused to Users by the Company's negligence (excluding gross negligence) in non-performance of obligations or tortious acts shall be limited to the amount of usage fees received from the User in the month in which the damages occurred.
The Company shall not be liable for any transactions, communications, or disputes arising between Users and other Users or third parties in relation to the Service.
The Company may change, add to, or discontinue the content of the Service with prior notice to Users, and Users shall consent to this.
The Company may change these Terms without obtaining individual consent from Users in the following cases:
When the changes to these Terms are in the general interest of Users.
When the changes to these Terms are not contrary to the purpose of the Service usage contract and are reasonable in light of the necessity of the changes, the appropriateness of the changed content, and other circumstances pertaining to the changes.
When changing these Terms pursuant to the preceding paragraph, the Company shall notify Users in advance of the intention to change these Terms, the content of the changed Terms, and the effective date of the changes.
The Company shall handle personal information obtained through the use of the Service appropriately in accordance with the Company's "Privacy Policy."
Notices or communications between Users and the Company shall be made by the methods prescribed by the Company. Unless the Company receives a change notification from the User in accordance with a separately prescribed format, the Company shall consider the currently registered contact information to be valid and shall send notices or communications to that contact information, which shall be deemed to have reached the User at the time of sending.
Users may not assign their position under the usage contract or any rights or obligations under these Terms to a third party or provide them as collateral without the prior written consent of the Company.
These Terms shall be governed by and construed in accordance with the laws of Japan.
In the event of any dispute regarding the Service, the court having jurisdiction over the location of the Company's head office shall have exclusive agreed jurisdiction.