These Terms of Service (“Terms”) govern the use of all services (“the Service”) related to the web service “Tadaoto” provided by Ondo Inc. (“the Company”) are offered, and apply to all users of the Service. Users are advised to read these Terms carefully before using the Service.
Article 1 (Agreement to the Terms)
1. Users must use the Service in accordance with these Terms as well as any separate agreements made between the Company and the user and any documents distributed, broadcast, or posted by the Company (collectively referred to as “Individual Use Agreements, etc.”) specifying content (hereinafter, these Terms and Individual Use Agreements, etc., are collectively referred to as “these Terms, etc.”). The Service cannot be used unless the user agrees to these Terms, etc. Unless otherwise specified in the Individual Use Agreements, etc., a service use agreement in accordance with the provisions of these Terms, etc., is established between the user and the Company at the time the user agrees to these Terms, etc.
2. If the Company posts specific regulations or additional provisions related to the Service on its website or within the Service, or sends rules related to the Service via email, etc., these form part of these Terms. In the event of any conflict between these Terms and any specific provisions, additional provisions, or rules, etc., the latter shall take precedence.
3. If the user is a minor, the user must obtain the consent of a parent or legal guardian before using the Service.
Article 2 (Revision and Modification of the Terms)
1. The Company may, at its discretion, change or add to the contents of these Terms at any time. When changing these Terms, the Company will announce the fact that these Terms are being changed, as well as the content of the Terms after the change and the time when they become effective, on its website.
2. If the user continues to use the Service after the modification of these Terms, the user is considered to have agreed to the modified Terms. The Company does not individually notify users of changes or additions to these Terms. Users are advised to check the latest content of these Terms periodically and use the Service accordingly.
Article 3 (Definitions)
In these Terms, the meanings of the terms listed in the following items shall be as defined in the respective items:
1. “Content” refers to information that users can access through the Service (including text, images, videos, sounds, music and other sounds, images, software, programs, codes, and other data, but not limited to these).
2. “Provided Content” refers to content and all other information provided by the Company to users within the Service.
3. “User Content” refers to content input or transmitted (including uploads) by users in the use of the Service.
4. “Affiliated Partner” refers to a person who provides or operates a service (hereinafter referred to as “Affiliated Service”) in affiliation with the Service under a contract or other agreement concluded with the Company.
Article 4 (Handling of Information Related to Users)
The Company shall appropriately handle information collected from users regarding the use of the Service, such as user information and device information, in accordance with the “Privacy Policy” separately established by the Company.
Article 5 (Use of the Service)
1. Users can use the Service within the scope of the purposes specified in these Terms, in accordance with the methods separately determined by the Company.
2. Users must not duplicate, modify, change, alter, or adapt the Service.
3. The preparation and maintenance of the necessary information terminals, software, communication lines, and other communication environments for receiving the Service shall be at the expense and responsibility of the user.
4. The Service, in whole or in part, may be available only to users who meet conditions determined by the Company, such as age, the presence or absence of identity verification, the presence or absence of user information, and other conditions determined necessary by the Company. Users agree to this in advance.
Article 6 (User Content)
1. Users represent and warrant to the Company that they have the legal right to post or otherwise transmit the User Content, and that the User Content does not infringe the portrait rights, privacy rights, intellectual property rights (including copyrights, patent rights, utility model rights, trademark rights, design rights (including the right to acquire these rights and the right to apply for registration of these rights), similarly hereinafter), ownership rights, or other rights of third parties.
2. In the event of a dispute arising with a third party due to the posting of User Content, etc., the user shall immediately notify the Company of the matter and resolve it at their own responsibility and expense, and the Company shall not be involved in any way and shall bear no responsibility.
3. Copyrights in all User Content posted, uploaded, or stored on the Service by users are reserved by the users themselves. However, users grant the Company and other users of the Service the right to download and use (including duplication, copying, modification, re-licensing, and all other uses) the User Content free of charge.
4. When using sound sources or other User Content and Provided Content uploaded by other users, users must use them in accordance with the methods separately determined by the Company.
5. Users agree not to exercise moral rights against the Company and other users of the Service and those who have inherited rights from them or have been authorized by them.
6. Users shall back up User Content at their own responsibility, and the Company shall not be obliged to back up User Content.
Article 7 (Conditions of Use)
1. No copyright or other usage fees will be charged for the use of the Provided Content.
2. No need for copyright notice or provision display when using Provided Content by users.
3. In addition to these Terms, composers/creators may have set additional usage conditions. In such cases, the usage conditions set by the composer/creator shall prevail, and for items not explicitly mentioned, these Terms shall apply.
4. Within the limits of these Terms and the usage conditions established by the composer/creator, users can use the Provided Content as background music (BGM) and sound effects for any production, regardless of profit (commercial use) or non-profit, individual or corporate.
5. Users may process (edit, effect, fade in/out, etc.) the Provided Content.
6. Users can continue to use the Provided Content downloaded from the Company’s website even after the Provided Content is no longer available on our website, in accordance with these Terms.
Article 8 (Provision of Affiliated Services, etc.)
1. In the Service, users can use the Affiliated Services provided by Affiliated Partners. When using Affiliated Services, users must comply with these Terms and the terms of use and other conditions determined by the Affiliated Partner (including conditions after any changes).
2. The Affiliated Partner providing the Affiliated Service shall be responsible for the Affiliated Service, and the Company does not provide any warranties for the Affiliated Service.
Article 9 (Prohibited Acts)
Users must not engage in any of the following acts or cause or facilitate any of the following acts, either by themselves or through a third party, in using the Service:
1. Acts that induce malfunction of the functions of the Service.
2. Use, creation, or distribution of external tools that use bugs not intended by the Service or cause effects not intended by the Service.
3. Acts that place an excessive burden on the Service or the Company’s servers, etc.
4. Use of the Service while walking, driving, in dangerous places, or in other inappropriate places or conditions.
5. Acts that violate laws, judicial decisions, rulings or orders, or legally binding administrative measures, or promote such acts or have the potential to do so.
6. Acts of fraud or threats against the Company, other users, or third parties.
7. Acts that are against public order and morals or have the potential to harm good morals.
8. Acts that infringe or have the potential to infringe on the intellectual property rights, portrait rights, privacy, reputation, or other rights or interests of the Company, other users, or third parties.
9. Posting content that the Company deems to be substantially the same as content posted by other users as one’s own work.
10. Public transmission or making transmittable the same content as content posted by other users on the Service outside the Service.
11. Renting, transferring, selling, etc., the Provided Content and the same content as content posted by other users on the Service to third parties, whether for a fee or free of charge.
12. Acts of soliciting, applying for, or accepting the acts specified in the preceding item, including all preparatory acts.
13. Transmitting or posting on the Service information that falls under or is deemed by the Company to fall under the following:
- Personal information, account numbers, etc. (except when necessary for the use of the Service or otherwise deemed necessary by the Company).
- Obscene expressions (regardless of artistic value, expressions that are recognized in light of social norms to stimulate sexual feelings and all expressions that suggest sexual matters).
- Information for the purpose of meeting unfamiliar third parties of the opposite or same sex, or for obscene acts, etc.
- Expressions that induce, solicit, or promote suicide, self-injury, or similar acts.
- Information on the sale of drugs, dangerous drugs, or expressions that promote the improper use of these substances.
- Propaganda, advertisements for services or apps other than the Service, religious activities, religious organizations, political activities, political organizations.
- Chain mails, pyramid schemes, lead mails, or illegal solicitations, advertisements, etc.
- Information that may have a negative impact on minors.
- Cruel expressions, sexual expressions, or other information that may cause discomfort to others.
- Information on one-click fraud sites, adult sites, harmful programs such as computer viruses, and links to such information.
- Information similar to the above or other information deemed inappropriate by the Company.
14. Acts of holding events or soliciting participants within the Service, or any other acts for the purpose of gaining some benefit not intended by the Service.
15. Disassembling, decompiling, reverse engineering, or analyzing the source code of the Service’s program.
16. Unauthorized access to systems connected to the Service or illegally altering or deleting information stored in the Company’s facilities.
17. Duplication, transfer, lending, or modification of the Service.
18. Intentionally publishing or posting false data, etc.
19. Acts aimed at collecting information of other users (except when necessary for the use of the Service or otherwise deemed necessary by the Company).
20. Impersonating the Company, other users, or third parties.
21. Using another user’s account.
22. Advertising, solicitation, or business activities on the Service without the Company’s prior consent.
23. Acts of providing benefits to anti-social forces or acts that may lead to such provision.
24. Acts contrary to the purpose and spirit of these Terms and the Service.
25. Other acts deemed inappropriate by the Company.
Article 10 (Measures in Case of Violation of the Terms, etc.)
1. If the Company determines that a user falls under or may fall under any of the following items, the Company may, at its discretion and without any notice, take measures such as deletion of all or part of the User Content or other information, temporary suspension or restriction of use of the Service, or termination of the usage contract (hereinafter referred to as “Suspension of Use, etc.”) against the user.
- Violation of any provision of these Terms.
- Discovery of false facts in all or part of the information provided to the Company.
- Death of the user or receipt of a judgment for commencement of guardianship, curatorship, or assistance.
- Being a minor, adult ward, person under curatorship, or person under assistance and not having obtained the consent of a legal representative, guardian, curator, or assistant.
- Failure to respond to inquiries or other responses requested by the Company for more than 30 days.
- Having received or currently receiving measures of Suspension of Use, etc. in the past due to the use of the Service.
- Being determined by the Company to be an anti-social force, or to be cooperating or involved in the maintenance, operation, or management of anti-social forces through financial support or other means.
- When the Company determines it is necessary for the operation, maintenance, and management of the Service.
- Other cases deemed by the Company to be similar to the preceding items.
2. Even after the Suspension of Use, etc., the user shall not be exempted from all obligations and liabilities (including liability for damages, but not limited to this) to the Company and third parties under this usage contract.
3. The Company shall not be responsible for any damages incurred by the user due to actions taken by the Company based on this article, and may continue to retain and use the information obtained about the user after the Suspension of Use.
4. If the Company determines that a user falls under or may fall under any of the items in paragraph 1 or deems it necessary for other reasons, the Company may request the user to stop the violation, voluntarily delete or correct information sent or posted by the user, etc., within a period specified by the Company. The user shall comply with such requests within the specified period.
5. The Company shall not be responsible for any disadvantages or damages incurred by the user due to measures taken by the Company based on this article.
Article 11 (Reporting Illegal Posts, etc.)
1. If a user determines that another user’s User Content infringes on their own or a third party’s rights or may violate these Terms, the user may report to the Company in accordance with a prescribed form or other methods specified by the Company.
2. Upon receiving a report based on the preceding paragraph, the Company may, at its discretion, confirm whether the content of the report is factual and may take measures such as deletion of the reported User Content or Suspension of Use, etc., against the user who posted the User Content without any notice.
3. The provisions of the preceding two paragraphs shall not obligate the Company to respond to reports from users.
Article 12 (Compensation for Damages)
1. If the Company incurs direct or indirect damage (including cases where the Company receives claims for damages or other claims from third parties due to such acts) due to a user’s violation of these Terms or other acts related to the use of the Service, the user shall compensate the Company for all such damages (including attorney fees, professional fees, and equivalent amounts of personnel expenses incurred by the Company in response).
2. The Company shall not be liable for any damages incurred by the user in connection with the use of the Service, except in cases of intentional or gross negligence on the part of the Company. However, if the usage contract corresponds to a consumer contract under the Consumer Contract Act and the Company is liable for damages due to breach of contract or tort, the Company shall be liable to compensate the user for direct and ordinary damages actually incurred, but shall not be liable for damages arising from special circumstances (including cases where the occurrence of damages was foreseeable or could have been foreseen).
Article 13 (Confidentiality)
1. Users shall treat as confidential any non-public information disclosed by the Company as confidential in relation to the Service, except with the prior written consent of the Company.
2. Upon request from the Company, users shall promptly return or dispose of the information in the preceding paragraph and all copies thereof, as well as any documents or other recording media containing such information, in accordance with the Company’s instructions.
Article 14 (Termination of Use of the Service)
1. Users may terminate the use of the Service at any time. Users who terminate the use of the Service may not be able to use the Service from the time of termination.
2. Regardless of the reason, if a user loses the right to use the Service, the user agrees in advance that they may not be able to use the User Content and other information accumulated in the Service.
3. Even after the termination of the use of the Service, the user shall not be exempted from all obligations and liabilities (including liability for damages, but not limited to this) to the Company and third parties under this usage contract. Furthermore, it is not possible to request the discontinuation of use or injunction against the User Content already downloaded by users.
4. Even after a user terminates the use of the Service, the Company may continue to retain and use the information obtained about the user.
5. If a user terminates the use of the Service, the user agrees that all content remaining in the Service at the time of termination will be deleted.
6. If a user dies, the user’s information and other information accumulated in the Service will be deleted, and the right to use the Service will not be subject to inheritance.
Article 15 (Changes, Interruptions, Termination, etc., of the Service)
1. The Company may change or add to the content of the Service in whole or in part without prior notice to users.
2. The Company may terminate the Service at its discretion by notifying users in advance by posting on the Service or the Company’s website or by any other method deemed appropriate by the Company. However, in urgent cases, notification to users may not be provided.
3. The Company may temporarily suspend all or part of the Service without prior notice to users if any of the following reasons occur:
- When regular or emergency maintenance or repair of hardware, software, communication equipment, etc., for the Service is conducted.
- When system load concentrates due to excessive access or other unforeseen factors.
- When it becomes necessary to ensure the security of users.
- When services provided by telecommunications carriers are not available.
- When the provision of the Service becomes difficult due to force majeure such as natural disasters.
- When the provision of the Service becomes difficult due to fire, power outage, other accidental events, war, conflict, turmoil, riot, labor dispute, etc.
- When the operation of the Service becomes impossible due to laws or measures based on them.
- Other cases deemed necessary by the Company in line with the preceding items.
4. The Company shall not be liable for any damages incurred by users due to measures taken by the Company based on this article.
Article 16 (Ownership of Rights)
1. All intellectual property rights related to the Service and the Provided Content belong to the Company or those who have licensed rights to the Company.
2. The Company grants users a non-exclusive right to use the Service and the Provided Content to the extent necessary for the use of the Service. However, such grant of use does not include the right to sublicense to third parties, nor does it mean the transfer or granting of intellectual property rights, ownership rights, rights similar to ownership rights, or other rights that can be freely disposed of to users regarding the Provided Content.
3. Trademarks, logos, service marks, etc. (hereinafter collectively referred to as “Trademarks, etc.”) may be displayed on the Service, but the Company does not transfer or license the use of Trademarks, etc., to users or other third parties.
Article 17 (Disclaimer of Warranty and Limitation of Liability)
1. The Company does not provide any warranty regarding the suitability for a specific purpose, commercial value, accuracy, usefulness, completeness, legality, compliance with internal rules of organizations applicable to users, and the absence of security defects, errors, bugs, or faults in the Service and the content and all other information provided through the Service, nor does it warrant that it does not infringe on the rights of third parties.
2. The Company does not guarantee that the Service is compatible with all devices, and users acknowledge in advance that the operation of the Service may be affected by upgrading the browser used for the Service, among other factors. The Company does not guarantee that such faults will be corrected by the Company’s program modifications or other measures.
3. The Company conducts reviews based on its discretion and review criteria for User Content submitted by users and publishes only those that pass the review. The Company does not guarantee that User Content will be published on the Service. The Company is not obligated to disclose its review criteria.
4. The Company does not generally get involved in communications or activities between users. If a dispute or problem arises between users, the users must immediately notify the Company and resolve it at their own responsibility and expense, and the Company shall not be involved or bear any responsibility.
5. If a dispute arises between a user and a third party in relation to the Service, the user must immediately notify the Company and resolve it at their own responsibility and expense, and the Company shall not be involved or bear any responsibility.
Article 18 (Method of Contact)
1. Contact from the Company to users regarding the Service (including notifications regarding changes or additions to these Terms, but not limited to these) will be made through postings on the Service or on the Company’s website, sending emails, or any other method deemed appropriate by the Company.
2. When the Company notifies users by sending an email, the notification from the Company will be deemed to have reached the user at the time when the email should normally have reached the user’s registered email address.
3. Inquiries or other contacts or notifications from users to the Company regarding the Service shall be made by sending to the inquiry form set up at an appropriate location on the Company’s website or by other methods specified by the Company.
4. With the user’s consent, the Company may send emails regarding the Service, including advertisements and promotions, to the user’s registered email address.
Article 19 (Distribution of Advertising Revenue)
The Company may distribute a portion of the advertising revenue on the Service to users who post User Content, in accordance with separately defined guidelines, but is not obligated to do so.
Article 20 (Prohibition of Transfer of Rights and Obligations)
1. Users may not transfer, succeed, set as collateral, or otherwise dispose of their rights or obligations under this usage contract or their status under this usage contract to a third party, except with the prior written consent of the Company.
2. If the Company transfers the business related to the Service to a third party or becomes a dissolved company or divided company due to a merger or company split, etc., that comprehensively succeeds the business related to the Service, the Company may transfer the status, rights, and obligations under the usage contract related to the Service, user information, and other information related to users to the transferee or successor of the business transfer, etc., and users agree to this in advance.
Article 21 (Severability)
1. Even if any provision or part of these Terms is judged to be invalid or unenforceable by the Consumer Contract Act or other laws, etc., the parts other than the invalid or unenforceable part (hereinafter referred to as “Invalid Part”) shall continue to be fully effective. The Company and the user shall endeavor to modify the Invalid Part to the extent necessary to make it legal and enforceable, and to ensure that the purpose and equivalent legal and economic effects of the Invalid Part can be secured.
2. Even if any provision or part of these Terms is judged to be invalid or unenforceable in relation to a certain user, it does not affect the validity, etc., of the relationship with other users.
Article 22 (Governing Law and Agreed Jurisdiction)
These Terms shall be governed by the laws of Japan, and any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance, depending on the amount of the claim.
[Established on August 22, 2015]
[Revised on June 23, 2020]
[Revised on April 06, 2024]
This translation is intended for general reference. The original Japanese text should be considered the authoritative version for legal purposes.
