These terms are not legally binding. By using the service, users are deemed to have consented to these terms. The text below is a translation of the original terms of service and is intended for reference purposes only. You must consent to these terms in order to use our services.


Terms of Service

These terms apply to all users (defined below) of services ("Company Services") provided by Mewcket.inc ("Company"), including but not limited to web sites, products, services, and applications, and imply consent with all applicable terms of service set forth here and elsewhere. Users not consenting to these terms will be unable to use the Company Services.

Amendments

The Company reserves the right to amend or modify these terms at its discretion when and as necessary. Amendments to these terms will be shown on this page. Where a user uses Company Services following amendments to these terms or to additional provisions or covenants, the user is deemed to have consented to the amended version(s). Customers who do not consent to the amended version of the terms must suspend use of Company Services.

Use of personal information

In order to use registered information, including but not limited to personal information, to the appropriate extent, the Company defines a privacy policy separately from these terms. In using the Service, users shall read the privacy policy thoroughly and consent to using the Company Services only if consenting to said policy.

Disclaimers

The Company shall not be held liable in cases not caused by willful or gross negligence by the Company. In addition, the Company shall only be liable for direct and normal damages (not including lost profits, indirect damages, special damages, and punitive damages) and indemnification not exceeding costs for paid Company Services (for ongoing or continuous services, six months' equivalent). Even where any of the disclaimers above are rendered invalid by the Consumer Contract Act, the Company shall be subject to the maximum exemption allowable by applicable laws. The Company waives all liability for disputes, transactions, or other problems arising between users and third party companies or individuals through use of the Service. Company Services may include services or content provided by agents or operators with whom the Company partners, as well as by other users or companies. Liability for the above services and content is borne by the provider of the same. The Company makes no warranty as to the legality, morality, license, or accuracy of said services and content, and waives all liability for any events or damages occurring as ja result of these. In addition, said services and content are governed by the terms and conditions of use and other terms set forth by the party providing them.

Where a user uses Company Services within the normal scope of use, the Company reserves the right to limit the use of Company Services at its discretion. The Company bears no duty to disclose or explain the reasons for this decision and waives all liability for any damages to users as a result.

Membership eligibility

A

Users make warranty that in consenting to these terms, they are in a position and of age sufficient to make independent and legally-binding decisions concerning use of the Company Services. In the event that the user is ineligible, the consent of a legal representative is required. Where a user, irrespective of whether they are in a position and of age sufficient to make independently and legally-binding decisions, consents to these terms, the Company deems the consent of an applicable legal representative to have been made.

B

None of the below items must apply to users now or at any time in the future.

  • The user is a criminal organization, criminal organization member, or was one within the last five years, or a criminal organization associate member, criminal organization affiliate company, extortion group, politically motivated racketeering organization, organized crime syndicate, or equivalent party (collectively, "Criminal Organization Member").
  • The user is an entity the management of which is deemed to be controlled by Criminal Organization Members;
  • The user is an entity the management of which Criminal Organization Members substantively contribute to;
  • The user is an entity utilizing Criminal Organization Members for the unauthorized or unlawful benefit of itself or third parties, or to cause harm to third parties;
  • The user is an entity contributing funds to Criminal Organization Members or otherwise giving aid to them;
  • The user is an entity the officers of, or parties substantively contributing to the management of, which are affiliated with Criminal Organization Members or other socially disapproved-of groups

Users register information on Company Services voluntarily and at their sole liability and are held liable for the accuracy and completeness of said information.

C

Even where there are no issues with the above, the Company reserves the right to decline user registration or delete user accounts after registration at its sole discretion. The Company bears no duty to disclose or explain the reasons for this decision and waives all liability for any damages to users as a result.

Competitions

Events pertaining to data analysis, application development, and business model reviews provided on Company Services shall be collectively referred to as "Competitions," irrespective of the hosting format, language, presence of sponsor firms, or other restrictions.

Users participating ("Participant" or “Participants”) in competitions shall participate in said events per the methods indicated by the Company and comply with applicable rules.

Users participating ("Participant" or “Participants”) in competitions shall participate in said events per the methods indicated by the Company and comply with applicable rules.

Prohibitions

In using the Company Services, users shall not engage in any of the acts below, nor acts that may run the risk of the same.

  • All acts and expressions the company deems inappropriate;
  • Acts infringing on the legitimate rights, including but not limited to property rights, copyrights, intellectual property rights, rights to likeness, and publicity rights, of the Company or third parties;
  • Acts that damage or impair use of Company Services by other parties, or that cause disadvantages or damages to the Company or third parties;
  • Acts in violation of public order and morals;
  • Acts in violation of these terms and/or applicable laws;
  • Attempting to gain profit through Company Services without consent from the Company;
  • Acts that obstruct operation of Company Services;
  • Acts that discredit or damage the reputation of Company Services;
  • Registering false information;
  • Unauthorized use of Company Services;
  • Assigning one's position and/or account per these terms to a third party;
  • Other acts the Company deems unauthorized

In using the Company Services, users shall not post or submit messages that contain any of the items below, or expressions or content that may contain any of the items below. Where the Company deems that a user posted or submitted content in violation of any of the items herein, the Company may take measures that include but are not limited to immediately suspending use of Company Services or deleting the posted content. In the event that the Company suffers any damages as a result of acts that are in violation of the prohibitions set forth in this article, the user shall indemnify the Company for damages. Notwithstanding the provisions of this article, if the user voluntarily wishes to withdraw membership, the user reserves the right to do so by completing procedures prescribed by the Company. Users withdrawing membership forfeit the benefit of time for any liabilities to the Company and shall indemnify the Company in full for all outstanding liabilities.

Individual terms of use

In addition to these terms, users may be required to consent to terms and conditions governing the use of certain services and/or viewing of content ("Individual Terms of Use") and asked for their consent. If there is a conflict between Individual Terms of Use and these terms, the Individual Terms of Use shall prevail unless otherwise specified.

Identity verification

In order to better provide Company Services, users are subject to identity verification. Users for whom identity verification is not complete consent that there may be restrictions on their use of all or part of Company Services. When providing identity verification information to the Company, users shall not submit false, counterfeit, falsified, or modified information that would misrepresent their identity. Where, following identity verification, a user is suspected to have submitted false, counterfeit, falsified, or modified information, attempted to impersonate another party, or where otherwise deemed necessary by the Company, the Company may require the user to resubmit evidentiary documents. Where the user does not submit the evidentiary documents by a deadline specified by the Company, the Company reserves the right to suspend the user's use of Company Services and/or delete the user's information or account, or other applicable measures, without prior notice to the user. Users consent that they may be subject to restrictions on their use of all or part of Company Services until they submit the evidentiary documents specified by the Company.

Cookie and IP address information

Users consent that, in order to satisfy the below objectives, the Company may use cookies, advertising identification numbers, and user access logs (including IP addresses, and referred to collectively as "Cookies").

  • Allowing users to enter part of registered information and abbreviate the process of entering it in full
  • Analyzing user behavior in order to plan and provide better services

Users shall configure their personal computer and/or smartphone settings to accept Cookies. If the user's browser is configured to reject Cookies, the Company may be unable to correctly detect the user's information. The Company waives all liability for damages caused to the user as a result thereof.

Payment and receipt of the prize money

Prize money may be awarded to winners who meet specific requirements (hereinafter, “the Winners”) for certain competitions. In order to receive the prize money, the Winners must confirm their identity as defined in a separate section and agree to the terms stipulated in this section as well as the individual sections for each competition.

  • The prize money will be awarded using PayPal. It is the sole responsibility of the Winners to create a PayPal account and ensure that it is able to receive funds.
  • It is the sole responsibility of the Winners to pay income tax or any other tax when such need arises as a result of receiving the prize money.
  • When awarding the prize money, if the Company becomes the withholding agent, applicable fees will be deducted from the prize money.
  • If PayPal charges handling fees as a result of the Winners receiving the funds, it is the sole responsibility of the Winners to bear the cost of such fees.
  • The Company shall assume no responsibility for delays in the payment or cancellation of the awarding of the prize money, or any other event that may affect the payment to or awarding of the Winners.

Intellectual property rights

All rights (including but not limited to property rights, intellectual property rights, rights to likeness, and publicity rights) pertaining to materials that comprise the Service (data sets, strings, photographs, video, audio, and other applicable content, referred to collectively as "Content Materials") vest with the Company or the third party rights holder (user or company).

All ideas, source code, and other intellectual property rights developed by the user when using Company Services shall vest with the user. However, users shall consent to the Company freely using content within a reasonable scope for the purposes of advertising, promoting, or featuring Company Services.

The rights (excluding Content Materials and including property rights, intellectual property rights, rights to likeness, publicity rights, and other rights, including but not limited to Company Service programs and expertise) to all confidential information obtained when using the Company Services vest with the Company. Users shall not use, nor permit third parties to use, said rights without express written consent from the Company. In the event of an issue occurring that is in violation of the provisions of this article, the user shall resolve the issue at his or her own expense and liability and shall not cause any inconvenience or damage to the Company.

Confidentiality

Users shall handle all information and data pertaining to competitions, and insights and products obtained or created as a result thereof, received from the Company as confidential information and not disclose it to third parties or use it for purposes other than expressly indicated for the competition.

  1. However, the information set forth below shall not be included in confidential information.
    (1) Information publicly known at the time of its disclosure;
    (2) Information already owned by the Participant at the time of its disclosure (only where the Participant can reasonably demonstrate proof of the same)
    (3) Information that became public after its disclosure for causes not imputable to the Participant;
    (4) Information independently developed without reference to any disclosed information (excludes deliverables submitted for review of eligible prize winners)
    (5) Information lawfully disclosed by a third party with the rights thereto under no duty of confidentiality (only where the Participant can reasonably demonstrate proof of the same)
  2. Unless otherwise specified, at the conclusion of competitions, the Participant shall immediately delete and/or return to the Company any Company-provided information and discontinue all use.
  3. Unless otherwise specified, the content and rights thereto, including data and data sets, submitted at competitions shall not be sold, loaned, leased, distributed, broadcast, sublicensed, or otherwise provided to third parties. In addition, users shall not remove or modify any copyright markings or labels on the content. Content shall not be used for purposes other than competitions.
  4. Users eligible for awards of prizes in a competition shall consent to the final deliverables and screening materials they submitted being handled in a manner equivalent to that set forth in Clause 1 above.
  5. Where a separate agreement pertaining to confidential information is made concerning a competition, the provisions of said agreement shall prevail over these terms.
  6. Where a Participant violates the provisions of this article and a dispute arises between the Company and other companies and third parties, or the Company is subject to a claim from a third party, the user in question shall indemnify the Company for damages, losses, expenses (including but not limited to attorney fees), lost profits, and lost revenue.
  7. The provisions of this article as pertain to Company-provided information and final deliverables and final screening materials of eligible winners shall remain in effect for five years from the conclusion of the competition and/or completion of membership withdrawal procedures for Company Services.

Requests for deletion of personal information

In the event that any content infringing on the intellectual property rights of third parties is found in information posted to the Company Services, including users' registration information, the party discovering the content can notify the Company of infringement. In said case, the Company bears no obligation to make prior notification to the infringing users or companies and may review the content for which notice of infringement was submitted, taking appropriate action.

Deliberation and jurisdiction

In the event of doubts, disputes, or issues between users, the Company, companies using the service, and other third parties as concern Company Services, the parties thereto shall deliberate to resolve the issue in good faith. If the above deliberation fails to resolve the issue, the matter shall be adjudicated at the Tokyo Summary Court or Tokyo District Court as the exclusive court of first instance.

Governing law

These terms of use shall be interpreted to conform with the law of Japan.