Article 1. Definitions
The terms used in these Terms have the meanings set forth below:
- “User” means the user of the App and the Service.
- “content(s)” means text, images, videos, software, programs, codes and other information.
- “Content(s)” means content(s) that may be accessed through the Service.
- “Submitted Content(s)” means content(s) that Users have submitted, transmitted or uploaded to the Service.
Article 2. Consent to These Terms
- Users shall use the Service pursuant to the provisions of these Terms. Users may not use the Service unless they provide their valid and irrevocable consent to these Terms.
- Minors may use the Service only with consent from their parents or legal guardian.
- By actually using the Service, Users shall be deemed to have provided their valid and irrevocable consent to these Terms.
Article 3. Amendments to These Terms
WealthPark may amend these Terms at any time as long as WealthPark deems it necessary. WealthPark shall notify Users of the contents of the amended Terms and the effective date of the amendment by disclosing them on the App or the website operated by WealthPark, or by notifying Users in a manner determined by WealthPark. The amended Terms shall take effect on the effective date.
Article 4. Account
- When a User registers User Information upon use of the Service, such User must provide genuine, accurate and complete information and shall modify such information to ensure that it is up-to-date at all times. Even if a User incurs any damage due to the content of the User Information entered by himself/herself or WealthPark being false or erroneous, WealthPark bears no liability whatsoever therefor, except in cases where WealthPark shall be liable according to Article 11, paragraph 2.
- A User shall, at his/her responsibility, strictly manage his/her password issued by WealthPark upon use of the Service to ensure that such password is not subject to unauthorized use. WealthPark may deem any and all acts using the registered password as acts conducted by the User to whom such password has been issued.
- A User who has registered with the Service may delete his/her account and withdraw from the Service by making a request to that effect to WealthPark.
- When WealthPark acknowledges that a User has breached or is likely to breach these Terms, WealthPark may suspend or delete such User’s account without providing prior notice thereto.
- All of the User’s rights to use the Service shall expire at the time of deletion of such User’s account, regardless of the reason for such deletion.
- Users must not cause any third party to use their accounts in the Service and must not lend, assign, change the User name of, sell or purchase, etc. any of their accounts in the Service.
Article 5. Privacy
Article 6. Provision of Service
- Upon use of the Service, Users shall prepare necessary equipment and means of communication at their expense and responsibility.
- When WealthPark deems it necessary, WealthPark may change or cease to provide all or any part of the Service at any time, without providing prior notice to Users.
Article 7. Use of App
- The App shall solely be used for Users’ private purpose and may not be used for any non-private purpose, such as sale, distribution or development, etc.
- Users shall use the App only in the conditions as provided by WealthPark and must not duplicate, modify, change, amend or adapt the App or otherwise engage in any other act similar thereto.
Article 8. Contents
- WealthPark shall grant to Users the non-transferable, non-sub-licensable and non-exclusive right to use the Content(s) provided by WealthPark, only for the purpose of using the Service.
- Users shall not use the Content(s) for acts such as copying, transmission, reproduction and/or alteration, which go beyond the scope of the intended use of the Content(s) in the Service.
- Each User represents and warrants that (i) such User has legitimate rights to (a) submit, transmit, or upload the Submitted Content(s) or User Information to the Service by such User himself/herself or WealthPark (after having been provided by such User to WealthPark), and (b) to designate such Submitted Content(s) or User Information as a subject of the Service and to use the same in accordance with these Terms (including such User having obtained consent from a third party if such consent is required to carry out (a) and/or (b)), and that (ii) such Submitted Content(s) or User Information does not infringe on any third party’s intellectual property rights or any other third party rights.
- Any copyrights in and to the Submitted Content(s) submitted by a User shall be reserved by the User who submitted the same and WealthPark shall not obtain the copyrights on such Submitted Content(s); provided, however, that such User shall grant a royalty-free, worldwide license for an indefinite period to use such Submitted Content(s) to the extent necessary: (i) for the provision, maintenance or improvement of the Service; or (ii) for any advertisement, endorsement or other promotional activities (regardless of whether or not they are related to the Service).
- With regard to any Submitted Content(s) submitted by a User, such User shall neither exercise the moral rights of the author against WealthPark or a third party designated by WealthPark, nor cause a third party who has the moral rights of the author with regard to such Submitted Content(s) to exercise the moral rights of the author against WealthPark or a third party designated by WealthPark.
- Users shall be responsible for backing up any Submitted Content(s) they have submitted and WealthPark shall not be obliged to back up such Submitted Content(s).
- If WealthPark deems that any Submitted Content(s) have breached or are likely to breach the laws, regulations or these Terms, or if it is otherwise necessary under WealthPark’s business operations, WealthPark may restrict the use of the Submitted Content(s) in the Service such as by deleting such Submitted Content(s), without providing prior notice to Users.
Article 9. Prohibited Matters
When using the Service, Users may not engage in any of the following:
- Acts that violate laws and regulations, court judgments, decisions or orders, or legally binding administrative measures;
- Acts that may hinder public order or morals;
- Acts that infringe on intellectual property such as copyrights, trademarks and patent rights, fame, privacy, or other rights of WealthPark or a third party granted under the laws, regulations or any contracts;
- Acts of posting or transmitting excessively violent or sexually explicit expressions; expressions that lead to discrimination by race, national origin, creed, gender, social status, family origin, etc.; expressions that induce or encourage suicide, self-injurious behavior or drug abuse; or expressions that include anti-social content or provide discomfort to others;
- Acts of impersonating WealthPark and/or a third party or of intentionally spreading false information;
- Acts that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes (except for those approved by WealthPark); acts that use the Service for the purpose of harassment or libelous attacks against other Users; or acts that use the Service for any purpose other than the intended purpose of use under the Service;
- Acts that benefit or involve collaboration with anti-social forces;
- Acts that are related to religious activities or solicitation to join religious groups;
- Acts of improperly collecting, disclosing or providing others’ personal information, registered information, usage history information, etc.;
- Acts that interfere with the servers and/or network systems of the Service; acts that improperly manipulate the Service by using bots, cheating tools or other technical measures; acts that intentionally take advantage of malfunctions of the Service; or acts that interfere with or obstruct WealthPark’s operation of the Service or Users’ use of the Service;
- Acts that constitute disassembling, decompiling or reverse engineering of the App;
- Acts that aid or encourage any of the acts specified in (1) through (11) above; or
- Acts that are otherwise deemed by WealthPark to be inappropriate.
Article 10. Users’ Responsibility
- Users shall use the Service at their responsibility and shall bear any and all responsibility for any acts carried out in the Service and any results thereof.
- If WealthPark acknowledges that a User is using the Service in breach of these Terms, WealthPark will suspend such User’s account, delete his/her Submitted Content(s) and/or take other measures that WealthPark deems necessary and appropriate; provided, however, that WealthPark shall not be obliged to prevent or remedy such breach.
- If WealthPark has directly or indirectly suffered any sort of damage (including attorneys’ fees) arising from the use of the Service by a User (including cases where WealthPark has received a complaint from a third party due to such use), such User shall immediately provide compensation for such damage pursuant to WealthPark’s request.
Article 11. WealthPark’s Exemption of Liability
- WealthPark does not either expressly or impliedly guarantee that the Service (including the Contents) is free from de facto or legal flaws (including safety, reliability, accuracy, integrity, effectiveness, fitness for a particular purpose, security-related faults, errors, bugs or infringements on rights). WealthPark shall not be obliged to provide the Service with such flaws removed.
- WealthPark bears no liability whatsoever for any damage incurred by Users arising from the Service. Notwithstanding this paragraph or other provisions exempting WealthPark from liability for damages, the scope of WealthPark's liability for damages, even where WealthPark bears liability for damages to Users (including cases where the Consumer Contract Act applies), is to be limited to the direct and ordinary damages which actually arose due to reasons attributable to WealthPark, and shall also be limited to the total amount of usage fees for the Service received from the User in the past one year, from the time when the cause of the damages occurred (excluding cases where the Consumer Contract Act applies and where WealthPark's default or tort involves either intent or gross negligence on the part of its representative or employees).
Article 12. Method of Contact
- WealthPark shall contact Users for matters regarding the Service by way of posting on the website operated by WealthPark or within the App or by way of other methods deemed appropriate by WealthPark.
- Users shall contact WealthPark for matters regarding the Service by way of using the customer inquiry form available on the website operated by WealthPark or within the App or by way of other methods designated by WealthPark.
Article 13. Severability
Even if any part of these Terms has become invalid in accordance with the applicable mandatory laws, the foregoing will not affect the validity of the remainder of these Terms and these Terms shall remain in full force and effect except for such portion that has become invalid. If any part of these Terms is found to be invalid, WealthPark shall immediately replace the invalid provision(s) with valid provision(s).
Article 14. Governing Law and Jurisdiction
These Terms shall be governed by the laws of Japan. Any disputes which may arise between a User and WealthPark, out of or in relation to the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.
Article 15. Language
These Terms are prepared in Japanese, English and Chinese. If there is any inconsistency or conflict between the Japanese, English and Chinese versions, the Japanese version shall prevail.