ComeLuck Labo Co.,Ltd. (“The company”) provides every kind of usage of Smappon! service to the members, subject to the following conditions.

Someone who doesn't agree with all the terms shall not utilize the Smappon! service.
By using Smappon! Services, you agree with the following conditions.

Art. 1 [Membership]

We call individual or company members who applied for using the Smappon! service on the basis of the procedures designated by The Company after the acceptance of the terms of use, followed by approval.


Art.2 [Membership approval]

The Company may not approve membership of individuals or companies who sent applications of the use of Smappon! service or may remove the membership even after the approval the following conditions;

-When a member turned out to have been removed the membership because of infringements in past.
-When there are false statements, clerical errors, omissions, or input errors in the application form.
-When a member turns out to be a minor, a quasi-incompetent person or an incompetent who applied for the Smappon! service without an agreement of a legal representative or a advisor.
-When a member has not followed all the application procedures which ComeLcak Labo has designated.
-When The Company determines an individual unsuitable to be a member.


Art.3 [Payment]

The Company assumes you have agreed with the rate systems shown on another page and any revisions if you applied for Smappon! service usage.

The Company has rights to revise the rate systems mentioned on the preceding paragraph in any time.

ComeLuck Lavo gives a written notice to members when the rate systems have been changed in accordance with the provisions of the preceding paragraphs.

The Company assume you have agreed with the new rate systems if you continue to utilize Smappon! service.

The new rate systems are applied to the first payment day after the notice from The Company to members.

The Company can terminate the membership agreement and stop providing Smappon! service without any notice in the following ways when a member defaults on the payment;

The Company doesn’t take any liability for any damages towards a member with the cancellation of the Smappon Service.
Any invoices not paid by the due date shall accrue interest at 14.5% APR during the day after the due date and the day before payment and the member should repay all the invoices by the date The Company designated.

The bank charges or the other expense for the complete payment mentioned on the preceding paragraph.

Notification to our members will be effective when an e-mail has been sent from The Company to the e-mail address which the member had registered in advance.

The Company doesn’t refund any rates received for any reason.


Art.4 [Coverage and renewal of the terms]

Any roles noticed to members through websites or other methods at any time may take part of these terms of use.

The Company has rights to revise, reform or delete the Terms of Usage anytime and will provide notification of changes through websites or other rational ways.

We assume you have read and agreed with any revisions if you use Smappon! services after the notification.


Art.5 [Management and responsibility of member’s ID and password usage]

Member’s ID issued on Smappon! service and password are intended for your use only and you should not lend or assign to other members nor third parties.

The members take all the responsibility of the usage and management of IDs and passwords even in case of unauthorized use of them by a third party.

The Company may deactivate without any notification the ID and the password of a member who The Company determined that member has shown any actions against preceding paragraphs.

The Company may delete ID and passwords without any notification in case of exigency.
 
The Company doesn’t take any liability for any damages towards a member with the cancellation of the Smappon Service for preceding reasons.


Art.6 [Facilities of members]

Members have to prepare, operate and connect all of the communication tools, equipment, and software needed to use Smappon! service at their own responsibility and cost.


Art.7 [Prohibition of infringement]

The following action is prohibited for members to use Smappon! service: violation of all kinds of intellectual rights (copyright, design rights, patent rights, utility model rights, trademark rights, etc.), honor, trust, and infringe on the property or other rights of others.


Art.8 [Prohibition]

The following action is prohibited for members to use Smappon! service:

Any action which may cause criminal behavior.

Infringement of intellectual property rights of The Company, other Smappon! owners or a third party (copyright, design rights, patent rights, utility model rights, trademark rights, etc.) , regardless of whether or not on Smappon! service.

Infringement of property, credit, privacy of The Company, other Smappon! owners or a third party, regardless of using Smappon! service.

Giving disadvantages to The Company, other Smappon! owners or a third party, regardless of using Smappon! service.

Slandering or discomforting The Company, other Smappon! owners or a third party, regardless of using Smappon! service.

Obstruction of business or defamation of credit of Smappon! service or The Company.

Sending or encoding injurious computer programs.

To let utilize Smappon! service to a third party without The Company’s permission.

To carry out commercial activities run on using or revealing to a third party the information obtained in this service.

Any other behavers against to laws and regulations.

To carry out any action which The Company may assess to be in conflict with a preceding paragraph.


Art.9 [Confidentiality]

The Company shall not be responsible for exchange of information, reactions incidental thereto, nor any troubles with other page owners or third parties.


Art.10 [Attribution of rights]

Copyrights and intellectual property rights of all the systems and programs offered on Smappon! service belong to The Company.

Intellectual property rights of any content on Smappon! pages shall continue belonging to the authors or right-holders (individual or enterprise) of the content unless otherwise provided herein.

Even in case of withdrawal, ineligibility or removal of the membership, the rights of information or contents provided before and all the systems and programs of Smappon! service should be treated following the preceding paragraph.


Art.11 [Change account settings]

Smappon! page owners have to update their account information within 10 days from the date of the change has occurred if there is any.


Art.12 [Withdrawal from membership]

When a member (page owner) desires to withdraw from Smappon! service, carrying out the cancellation process on the dashboard, the service will be terminated immediately.


Art.13 [ineligibility or removal of the membership]

The Company may deactivate or remove membership without any notification in advance when a member falls under any of the following.
In addition, if The Company or a third party has suffered damage as a result of a member’s falling under any of the following paragraph, the member shall to compensate for damages.
In addition, in any case the fee already paid shall not be returned.

-False declaration on membership registration
-Falsification of program system offered on Smappon! service.
-Abuse, unauthorized assignment or lending of a member’s ID and its password to other members or third parties.
-Authorizing a third party to utilize Smappon! service without approval from The Company.
-Providing or selling Smappon! service to a third party.
-Any sabotage in management and sales of Smappon! service.
-A petition of bankruptcy, quasi-incompetent or incompetent sentenced to the member.
- When The Company had determined the use of a member could have negative effect on Smappon! service system.
- when a member falls under any of the paragraphs of these terms.
-Any other case when The Company had determined the member ineligible as a member.


Art.14 [Change, deactivation or termination of Smappon! service and contents]

The Company may change, deactivate or terminate some or all part of the Smappon! service without any notification in advance but after reasonable judgment upon it.


Art.15 [Temporary interruption the service]

The Company may interrupt Smappon! service temporarily without any notification in following cases.
The Company doesn’t take any liability for any damages towards a member or a visitor with any delay or interruption of our providing services because of following or other reasons.

In case of regular or emergency system maintenance of communication lines, power supply, programs, equipment and system components, including structure maintenances in which contains them, inspection, or repair.

In case of impossibility of providing service due to fire, power outage, natural disasters such as earthquake, eruption, flood, tsunami, accidental force majeure such as war, uprising, riot, civil commotion, labor dispute, or other unpredictable circumstances.

In other case when The Company has decided to interrupt Smappon! service temporarily for operating or technical reasons.


Art.16 [Deletion of information]

The Company may delete information with prior announcement, which members have registered after a predetermined period of time (one year) or every time The Company determines the data amount has gone beyond the capacity to interfere the system.
The Company may delete information of members in case of necessity for operating or technical reasons in accordance with the terms of use with prior or posterior notice in a reasonable way.


Art.17 [Settings of extent of service]

The Company may restrict or change settings of extent of Smappon! service for each member.


Art.18 [Compensation for damages]

The Company shall not take any responsibility and not be obliged to compensation for damages occurred through the use of Smappon! service.

If a member has given damages to other members or third parties through the use of Smappon! service, the member shall be responsible for resolving the circumstance and cost of himself not to cause damage to The Company.

If a member has caused damage to The Company by a member’s illegal, or unauthorized behavior or violating behavior against terms of use, The Company shall be able to file a claim for damages against the member.

The Company shall not be liable for any damages in case of deletion of membership registration or information, deactivation or removal of the membership, termination or suspension of the service.


Art.19 [Applicable law]

These conditions are applied by and construed in accordance with the Japanese law and the exclusive jurisdictional court shall be a Japanese court with jurisdiction over the The Company’s headquarter (Fukuoka District Court).


Supplementary provision: This convention will be implemented as of September 1st, 2015.