JJM Solutions - Remote Appraisal Terms and Conditions of Service
This Terms of Service (“Terms”) set forth the terms between JJM Solutions (“Company”) and users (“Users”) of any services or features of Remote Appraisal (“Service”), which is provided by the Company.
(1) “App” means the application software “Remote Appraisal” designed for smartphones and /or tablet computers which is provided by the Company for the Service.
(2) “Decoration Material(s)” means filters, frames, stamps, typefaces, brushes and other materials to be used for decorating photographs on the Service.
2. Assent to the Terms
(1) Users shall assent to the Terms and use the Service in accordance with the Terms.
(2) Minors may use the Service only with consent from their legal guardian such as parents.
3. Retention of Rights
All rights in regard to The App, the Decoration Materials and the Service (including but not limited to the intellectual property rights such as copyrights, trademarks, patents) shall be retained by the Company or licensors of such rights.
4. Provision of the Service
(1) The Company shall grant Users the right to use the Service insofar as Users use the Service in accordance with the Terms and other conditions described in the Service. Users cannot assign or lease such right to use the Service to third parties.
(2) The intellectual property rights and/or property rights of the Decoration Materials shall not transferred to Users, even if the Service indicates suggestive words such as “buy” and “subscribe.”Users shall be granted no more rights than the right to use the Decoration Materials only for the purpose of retouching and/or decorating photographs on the Service.
(3) The User’s usage history will be cleared and right to use the Service will be terminated when the User has deleted the App from her smartphone or tablet computer. The User cannot have her new device take over her usage histories. However, the User can re-download the paid Decoration Materials for free when she has re-installed the App and verified the device by the Apple ID or Google Account that she had used at the time of payment.
(4) The Company reserves the right to provide Users with advertisements for the Company or a third party, through the Service.
(5) The Company reserves the right to modify, at the Company's own discretion, the whole or part of the Service.
(6) The Company may cease providing all or part of the Service without any prior notice to Users in case of the occurrence of any of the following:
(i) When conducting maintenance or repair of systems;
(ii) When the Service cannot be provided due to force majeure such as an accident (fire, power outage, etc.), act of God, war, riot, labor dispute;
(iii) When there is system failure or heavy load on the system;
(iv) When securing the safety of Users or third parties, or in the case of an emergency for the public welfare; or
(v) When the Company reasonably determines it to be necessary, other than those set forth in items (i) through (iv).
6. Third Party Services
Services and/or contents offered by third parties other than the Company may be included within the Service. The Company will not be responsible for such services and/or contents. Furthermore, such services and/or contents may be governed by their own terms and conditions, which are set by such third party.
The Company prohibits Users from engaging in any of the following acts when using the Service:
(1) Activities that violate the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding;
(2) Activities that may be in violation of public order, morals or customs;
(3) Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Company and/or a third party granted by the law or contract;
(4) Activities that post or transmit excessively violent or explicit sexual expressions; expressions that amount to child pornography or child abuse; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others;
(5) Activities that lead to the misrepresentation of the Company and/or a third party, or intentionally spread false information;
(6) Activities that use the Service for the purpose of harassments or libelous attacks against other Users, use the Service for the purpose of meeting a person for sexual encounters, or use the Service for purposes other than the Service's true intent;
(7) Activities that benefit or collaborate with anti-social groups;
(8) Activities that illegally or improperly lead to the collection, disclosure, or provision of other’s personal information, registered information, user history, or the like;
(9) Activities that interfere with the servers and/or network systems of the Service, that abuse the Service by means of BOTs, cheat tools, or other technical measures, and that deliberately use defects of the Service;
(10) Activities that that make unreasonable inquiries to the Company such as repeatedly asking the same question beyond necessity, that make undue claims against the Company, and that interfere with the Company's operation of the Service or Users' use of the Service;
(11) Activities that aid or encourage any activity stated in Item (1) to (10) above; and
(12) Activities other than those set forth in Item (1) to (11) that the Company reasonably deems to be inappropriate.
8. User Responsibility
(1) Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service. It is User’s responsibility to back-up the his/her data of modified/decollated photographs by the Service.
(2) The Company may terminate or suspend the rights to use Decoration Materials, suspend the use of all or part of the Service, cancel any agreement between a User and the Company with respect to the Service (including, without limitation, any agreement based on these Terms, hereinafter the same) or take any other measure the Company reasonably determines to be necessary and appropriate without prior notice to such User in the case that such User falls under or there is a possibility that such User falls under any of the following items:
(i) A User is in breach of applicable laws and regulations or these Terms;
(ii) A User is a member of an anti-social group or a related party thereof;
(iii) A User tarnishes the Company’s credibility by spreading false information, using fraudulent means or force, or other unlawful means;
(iv) A User is subject to a petition for attachment, provisional attachment, or auction procedures such as bankruptcy, civil rehabilitation, corporate reorganization, special liquidation proceedings or similar procedures are commenced; or the Company otherwise reasonably determines that there is uncertainty with respect to User’s credibility; or
(v) The relationship of trust with a User is lost or the Company otherwise reasonably determines that it would not be appropriate for the Company to provide the Service to User, due to reasons other than as set forth in Items (i) to (iv) above.
(3) In the case where the Company has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly due to the User using the Service (including but not limited to claims against the Company arisen by third parties), the User shall immediately compensate the Company such loss/damage in accordance with its request.
9. No Warranty
THE COMPANY SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICE, THAT THERE ARE NO DEFECTS (INCLUDING, WITHOUT LIMITATION, FAULTS WITH RESPECT TO SECURITY, ETC., ERRORS OR BUGS, OR VIOLATIONS OF RIGHTS), AND, AS TO THE SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL IN NO WAY BE RESPONSIBLE FOR PROVIDING USERS WITH THE SERVICE AFTER DELETING SUCH DEFECTS.
10. The Company’s Limitation of Liability
(1) THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY USERS FROM THE USE OF THE SERVICE, UNLESS SUCH DAMAGE IS ATTRIBUTABLE TO THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF THE COMPANY; PROVIDED, HOWEVER, THAT, IN THE CASE THAT THE AGREEMENT BETWEEN THE USER AND THE COMPANY WITH RESPECT TO THE USE OF THE SERVICE FALLS UNDER A CONSUMER CONTRACT AS DEFINED UNDER THE CONSUMER CONTRACT ACT (“CONSUMER CONTRACT”), THE COMPANY WILL BE LIABLE TO PROVIDE COMPENSATION FOR DAMAGE ARISING DUE TO NEGLIGENCE ON THE PART OF THE COMPANY (EXCLUDING GROSS NEGLIGENCE) ARISING FROM CONTRACT OR TORT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B) THE AMOUNT OF USAGE FEES FOR THE SERVICE RECEIVED FROM SUCH USER FOR FEE-BASED SERVICE FOR THE MONTH IN WHICH SUCH DAMAGE HAS BEEN INCURRED, AT MAXIMUM.
(2) IF A USER INCURS DAMAGE AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF THE COMPANY, THE COMPANY WILL BE RESPONSIBLE TO PROVIDE COMPENSATION FOR THE DAMAGE INCURRED BUT ONLY WITHIN THE RANGE OF (A) THE DAMAGE WHICH IS NORMALLY INCURRED (I.E., EXCLUSIVE OF LOST PROFITS AND OTHER DAMAGES ARISING UNDER SPECIAL CIRCUMSTANCES), AND (B) THE AMOUNT OF USAGE FEES FOR THE SERVICE RECEIVED FROM SUCH USER FOR FEE-BASED SERVICE FOR THE MONTH IN WHICH SUCH DAMAGE HAS BEEN INCURRED, AT MAXIMUM; PROVIDED, HOWEVER, THAT THE FOREGOING SHALL NOT APPLY IF THE AGREEMENT BETWEEN SUCH USER AND THE COMPANY FALLS UNDER THE DEFINITION OF A CONSUMER CONTRACT.
11. Modification of the Terms
The Company may modify these Terms when the Company deems it to be necessary, within the scope of the purposes of the Service. In such case, the Company will indicate the contents of the modified version of these Terms, as well as the effective date of the modification, on the Service or on the Company’s website, or will publicize the same to Users by notifying Users in the manner prescribed by the Company. Any modified Terms shall become effective as of the effective date thereof.
12. Relationship between these Terms and Laws and Regulations
If the terms of these Terms violate any laws and regulations applicable to an agreement between Users and the Company with respect to the Service (including, without limitation, the Consumer Contract Act), such terms, to the extent of such violation, shall not apply to the agreement with the Users; provided, however, that the remaining terms of these Terms shall not be affected.
13. Governing Law and Jurisdiction
Where the Company has provided Users with a translation of the Japanese language version of these Terms (hereinafter referred to as “Japanese Version”), the Japanese Version will govern the relationship between Users and the Company. In the event of a contradiction between the Japanese Version and a translation, the provisions in the Japanese Version shall take precedence over any other translation. These Terms will be governed by the laws of Japan. Conflicts that arise from the Service or conflicts between Users and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo.