Terms of Use for QRQR – QR Code Reader
Article 1 (General)
1. Terms of Use (hereinafter referred to as the “Terms of Use”) provides terms of use regarding “QRQR – QR Code Reader”; an application for smartphones (hereinafter referred to as the “Service”) provided by arara Inc. (hereinafter referred to as the “Company”) and governs rights and obligations between Company and users of Service (refers to all users including registered and unregistered users, and hereinafter referred to as the “User”). By agreeing to Terms of Use hereof, Service is made available to User.
2. The rules and guidelines set by Company separately from Terms of Use shall constitute a substantial part of Terms of Use.
3. If a provision of Terms of Use conflicts with a statement on Service outside Terms of Use including the foregoing rules, the provision of Terms of Use shall prevail.
Article 2 (External Contents)
1. By using Service, User may acquire links to websites or contents created by a third party other than Company (hereinafter referred to as the “External Contents”). External Contents are not under Company’s control, and creators of such External Contents shall own full responsibility.
2. Company shall not bear any responsibility to User for any damages incurred from User accessing External Contents.
3. User acknowledges that Terms of Use provided by a creator or other terms and conditions may apply when acquiring links to external links.
Article 3 (Termination)
User may termination use of Service by uninstalling Service.
Article 4 (User’s Responsibilities)
1. User shall use Service under its own responsibility, and be liable for use of Service, any actions and the results incurred from using Service.
2. In the event of any damage to another User or a third party in relation to the use of Service, User shall own responsibility and expense, and shall not cause any damage to Company.
3. User shall compensate Company for any damage under its responsibility and expense, in the event of causing damages to Company in relation to the use of Service.
Article 5 (User Information)
User information collected through the use of Service shall be handled in accordance with the separate Privacy Policy of Service.
Article 6 (Advertisement)
1. Company may display advertisements provided by Company or a third party on Service.
2. Contents and designs of the foregoing advertisements, products to be promoted on the advertisement, and other matters related to the advertiser and advertisements shall be determined at Company’s discretion.
Article 7 (Prohibitions)
1. User may not perform any acts that fall under any of the following in relation to the use of Service. In the event User performs any of the following acts, Company may perform measures that Company finds necessary without an advance notice to such User.
(1) Acts that infringe on, stimulate infringement, or may infringe on the property, honor, credit, privacy or copyrights, publicity rights, trademarks, other rights of other User, third parties of Company,
(2) Acts that insults other Use and other third parties,
(3) Acts that loan, share or assign, etc., to a third party the rights accompanying Service
(4) Acts that use Service for any election campaign, and acts violating the Public Offices Election Act,
(5) Impersonating other User or other third party,
(6) Acts that collect personal information and information related to User,
(7) Acts that invite or recruit a dating partner, or acts leading to such actions,
(8) Acts that invite or recruit a sex partner, or acts leading to such actions,
(9) Acts that post an Email address, telephone number, address and other information that enables personal contact,
(10) Display of child pornography or expression equivalent to child pornography,
(11) Acts that publish or post an obscenity, violent, or discriminatory expression, or expression inducing crime and suicide, or other contents in violation of public order and morals,
(12) Selling a product or an application, asking anyone to buy, displaying an advertisement, and other sales activities,
(13) Inviting anyone to a specific organization or association,
(14) Forming a pyramid scheme, multilevel marketing and other equivalent acts, and inviting anyone to participate in one,
(15) Acts that illegally transmitting images, video, music, software and other files and inviting anyone to a site with such action,
(16) Acts that publish and post a computer virus or other malicious computer program, code or file, or promote such infection and dissemination,
(17) Acts that place excessive load on Company7s system or server including sending large amount of data,
(18) Acts that hinder operation of Services, or acts that Company deems to have such suspicion,
(19) Direct or indirect invitation to pornography related applications and other websites that perform prohibited acts hereof (including websites with a link to a website performing a prohibited act through an affiliated advertisement, etc., ), or
(20) Decoding, decompiling, disassembling or reverse engineering of Service, acts that violate Terms of Use, acts that violates laws and regulations or public orders and morals, equivalent acts, or other acts that Company deems to be inappropriate,
2. Company shall not bear any responsibility to User, even in the event that User incurring any damage or disadvantage due to the measure taken under Paragraph 1 of this Article.
Article 8 (Exclusion of Anti-Social Forces)
1. User warrants Company the following:
(1) User is not a member of an organized crime group, its affiliate, corporate racketeer, or an equivalent group (collectively “Anti-Social Forces), and
(2) User does not allow Anti-Social Forces to use its name to use Services.
2. Company may take measures such as suspension of Service without any notice or notification when User is found in violation of the foregoing.
3. Company shall not be liable for any damages incurred to User due to the foregoing measure.
Article 9 (Ownership of Rights)
All intellectual property rights for Service belong to Company or a licensor to Company, and license to use Service based on Terms of Use shall not transfer the title of intellectual property rights owned by Company or the licensor to Company.
Article 10 (Upgrade, Interruption, and Termination of Service)
1. Company may upgrade or terminate Service without prior notice to User.
2. Company may take necessary measures including suspension and interruption of Service in whole or in part, without an advance notice, in the event of regular or emergency maintenance, excessive load to systems, in the event that Company determines that operation of Service will be interrupted, there is need to ensure security of User, and other events Company determines necessary.
3. If User incurs any damage or disadvantage due to such upgrade, suspension or termination, Company shall not bear any responsibility.
Article 11 (Disclaimer)
1. Company shall not make any warranties including Service’s fitness for a particular purpose of User, having expected functionality, merchantability, accuracy and usability, User’s use of App complies with applicable laws and regulations, and being error-free.
2. Company shall not bear responsibility for any damage to User incurred from use of Service and damage caused by Company based on Terms of Use, provided however that the foregoing shall not apply where agreements relating to Service (including Terms of Use) between Company and User is applicable to a consumer contract under the Consumer Contract Act.
3. Service utilizes external systems (such as Amazon Web Services) as a part of systems. Such external systems may cause risks to unavailability of or a defect in Service, provided, however Company shall not bear any responsibility for any damages incurred to User due to the foregoing.
4. Notwithstanding the provision in the paragraph 2 above, Company shall compensate User damages that would be normally expected to be incurred from Company’s non-performance or tort, with the exception that there is willful misconduct or gross negligence on the part of Company.
Article 12 (No Assignment)
1. User may not assign the rights, obligations and status under Service and Terms of Use to any third party.
2. In the event of transferring business relating to Service to a third party, Company may assign its position hereof, the rights and obligations under Terms of Use, and the User information to the transferee of such business, and User gives prior consent to such transfer based on this paragraph. In addition to a typical business transfer, the business transfer hereof shall also include corporate splits and all other forms of business transfer.
Article 13 (Language)
Terms of Use shall be made in Japanese. User agrees that Terms of Use provided in other languages by Company are for convenience of User only, and the Japanese original shall have effect over legal relationships between User and Company.
Article 14 (Amendment to Terms of Use)
1. Company may amend Terms of Use without prior notice of Users. Upon amendment of Terms of Use, Company shall notify its intention to amend Terms of Use and changes, as well as when such amendment becomes effective in an appropriate way.
2. User shall be deemed to have agreed to such amendment without any objection upon use of Service after the foregoing amendment.
Article 15 (Severability)
If any provision of Terms of Use or a part hereof is found invalid or non-enforceable under laws and regulations, the remaining provisions hereof and remaining parts of those deemed invalid or non-enforceable shall remain in full force and effect.
Article 16 (Governing Law and Jurisdiction)
1. Terms of Use shall be governed by the laws of Japan.
2. Any dispute arising out of or in connection with Terms of Use shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.
*QR Code® is a registered trademark of DENSO WAVE INCORPORATED.
Established on 1st February 2014
Amended on 16 December 2019
QRQR – QR Code Reader “QRQR Channel Function” Special Provision
1. These special provisions are special provisions for QRQR Channel Function provided by Service (hereinafter referred to as the “Function”) and constitute a part of Terms of Use for Service. By using Function hereof, User will be governed by Special Provisions hereof in addition to Terms of Use of Service. Definitions of Terms hereof shall follow the definitions of Terms of Use of Service.
* Function means that by reading a QR code for a designated channel created by User using “QRQR Manager”, QR code creation service provided by Company, User can receive coupons and information from such designated channel creator (hereinafter referred to as the “Channel Creator”), and it allows to view a list of all the channels User has read on “Channel List.”
2. Coupons and information distributed through designated channels are provided by Channel Creator and not under Company’s control, thus Channel Creator shall be responsible for such channels. Please also note that terms of use provided by Channel Creator may apply for reading the designated channels.
*QR Code® is a trademark of DENSO WAVE.
Established on 16 December 2019