These Terms and Conditions of Use (these “Terms and Conditions“) set forth the terms and conditions for the use of any and all products and services (collectively, the “Services”) provided by Mikro Entertainment Inc. (“Mikro“) to users of the Services (the “User“ or “Users“, depending upon the context).
The following words and terms shall have the meanings set forth below when they are used in these Terms and Conditions.
1.1.“Contents” means information such as text, sounds, music, images, videos, software, programs, computer code, and other information.
1.2.“Subject Contents” means Contents that may be accessed through the Services.
1.3.“Submitted Contents” means Contents that Users have submitted, transmitted or uploaded on or to the Services.
1.4.“Separate Terms and Conditions” means terms and conditions separate from these Terms and Conditions that pertain to the Services released or uploaded by Mikro under names such as “terms,” “guidelines,” “policies,” or the like.
2.Agreement to these Terms and Conditions
2.1.All Users shall use the Services in accordance with these Terms and Conditions. Users may not use the Services unless they agree to these Terms and Conditions.
2.2.Users who are minors may only use the Services by obtaining prior consent from their parents or legal guardians. Furthermore, if Users will be using the Services on behalf of, or for the purposes of, a business enterprise, then such business enterprise must also agree to these Terms and Conditions prior to using the Services.
2.3.If there are Separate Terms and Conditions applicable to the Services, Users shall also comply with such Separate Terms and Conditions as well as these Terms and Conditions in using the Services.
3.Modification to these Terms and Conditions
Mikro may modify these Terms and Conditions when Mikro deems it to be necessary, within the scope of the purposes of the Services. In such case, Mikro will indicate the contents of the modified version of these Terms and Conditions, as well as the effective date of the modification, on the Services or on Mikro’s website, or will publicize the same to Users by notifying Users in the manner prescribed by Mikro. The modified version of these Terms and Conditions shall become effective as of the effective date thereof.
4.1.When using the Services, Users may need to set up an account by registering certain information. Users must register true, accurate and complete information, and must revise the same to keep such information up-to-date at all times.
4.2.If Users register any authentication information when using the Services, they must exercise due care in handling such information at their own responsibility to ensure that such information is not used in an unlawful manner. Mikro may treat any and all activities conducted under the authentication information as activities that have been conducted by the User with whom the authentication information is registered.
4.3.Any User who has registered for the Services may delete such User’s account and cancel the Services at any time.
4.4.Mikro reserves the right to delete any account that has been inactive for a period of one (1) year or more since its last activation, without any prior notice to the applicable User.
4.5.Any and all rights of a User to use the Service shall cease to exist when such User’s account has been deleted for any reason. Please take note that an account cannot be retrieved even if a User has accidentally deleted their account.
4.6.Each account in the Services is for exclusive use and belongs solely to the User of such account. Users may not transfer, lease or otherwise dispose their rights to use the Service to any third party, nor may the same be inherited or succeeded to by any third party.
5.1.Mikro places top priority on the privacy of its Users.
5.3.Mikro promises to exercise the utmost care and attention to its security measures to ensure the safe management of any and all information collected from Users.
6.Provision of the Service
6.1.Users shall supply PCs, mobile phone devices, smartphones and other communication devices, operating systems, communication methods and electricity, etc. necessary for using the Services at their own responsibility and expense.
6.2.Mikro reserves the right to limit access to all or part of the Services by Users depending upon conditions that Mikro considers necessary, such as the age and identification of User, current registration status, and the like.
6.3.Mikro reserves the right to modify, at Mikro's discretion, all or part of the Services as Mikro determines necessary anytime without any prior notice to Users.
6.4.Mikro may cease providing all or part of the Services without any prior notice to Users in case of the occurrence of any of the following:
(1)When conducting maintenance or repair of systems;
(2)When the Services cannot be provided due to force majeure such as an accident (fire, power outage, etc.), act of God, war, riot, labor dispute;
(3)When there is system failure or heavy load on the system;
(4)When securing the safety of Users or third parties, or in the case of an emergency for the public welfare; or
(5)When Mikro reasonably determines it to be necessary, other than those set forth in items (1) through (4).
7.No Emergency Call Functions
The Services cannot be depended upon for emergency calls, such as those made to law enforcement agencies, maritime safety authorities, fire brigade or other emergency services.
Mikro reserves the right to post advertisements for Mikro or a third party on the Services.
The Services may contain services or Contents provided by third parties other than Mikro. Such third parties shall bear any and all responsibility regarding such services and/or Contents. Furthermore, there may be terms or use or other terms and conditions provided by such third party which are applicable to such services and Contents.
10.1.Mikro grants Users a non-transferable, non-sublicensable, non-exclusive license to use the Subject Contents provided by Mikro, solely for the purpose of using the Services.
10.2.Users shall abide by the conditions applicable thereto when using the Subject Contents which are subject to conditions of use, such as additional fees and periods of use and the like. Even if terms such as “Purchase”, “Sales,” and the like appear on the screens for the Services, Mikro shall remain the owner of all intellectual property rights as well as all other rights in the Subject Contents offered to Users by Mikro, and such rights shall not be transferred to Users. Users will only be granted usage rights as set forth above.
10.3.Users shall not use the Subject Contents beyond the scope of the intended use of the Subject Contents in the Services (including, without limitation, acts of copying, transmitting, reproducing, and modifying).
10.4.If Users wish to back-up all or part of the Submitted Contents, they will need to do so themselves. Mikro will not undertake the obligation of backing up any of the Submitted Contents.
10.5.The Services may include functions where multiple Users may edit Contents (post, correct, and delete, etc.). In such case, a User who posted his/her Submitted Contents shall grant other Users the right to edit such Submitted Contents.
10.6.Users shall retain their rights to their Submitted Contents, and Mikro shall not acquire any such rights.
10.7.Users shall not exercise their rights such as author’s moral rights with respect to the Submitted Contents in relation to the use by Mikro or a third party under Articles 10.5 and 10.6 above.
10.8.Mikro may check and confirm the contents of the Submitted Contents by Users to the extent permissible under laws and regulations, when it is necessary for Mikro to confirm compliance with related laws and regulations or the provisions set out in these Terms and Conditions, etc.; provided, however, that Mikro is not obligated to conduct such confirmation.
10.9.If Mikro believes that a User has violated or may violate any applicable laws or regulations or the provisions of these Terms and Conditions in relation to the Submitted Contents, or when otherwise reasonably necessary for Mikro’s business, then Mikro reserves the right to preclude such User's use of the Services in certain manners, such as deleting the Submitted Contents without providing prior notice to the User.
11.Provision of Subscription Services
11.1.Users may receive services in exchange for payment of a fee or under the terms and conditions prescribed by Mikro, wherein the Users pay a certain amount of considerations to use certain Subject Contents designated by Mikro for a certain period of time (the “Subscription Services”). Users shall abide by these Terms and Conditions, the fees for the Subscription Services, the payment method thereof, as well as other terms and conditions of use posted on the Services or on Mikro’s website.
11.2.Users may take procedures for the cancellation of Subscription Services at any time; provided, however, that even if a User takes the procedures for cancellation prior to the intended period of use, the User may not change such period of use, nor may the User cancel the purchase of the Subscription Services. In such case, the fees already paid will not be refunded, nor will there be any refund on a pro rata basis. However, the foregoing will not apply if laws or regulations require otherwise.
11.3.If a User does not complete their cancellation procedure by the designated date and time, the period of use of the Subscription Services may be automatically renewed in accordance with the terms prescribed by Mikro even after the end of the period of use of such Subscription Services.
Mikro prohibits Users from engaging in any of the following acts when using the Services:
12.1.Acts that violate the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding;
12.2.Acts that may be in violation of public order, morals or customs;
12.3.Acts that infringe intellectual property rights, such as copyrights, trademarks and patent rights, rights to fame, privacy, and all other rights granted by law or by a contract with Mikro and/or a third party;
12.4.Acts of posting or transmitting 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, 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 and lead to the discomfort of others;
12.5.Acts that lead to the misrepresentation of Mikro and/or a third party or that intentionally spread false information;
12.6.Acts of sending the same or similar messages to a large, indefinite number of Users (except for those approved by Mikro), indiscriminately adding other Users as friends or to group chats, or any other acts deemed by Mikro to constitute spamming;
12.7.Acts of exchanging the right to use the Services or Contents into cash, property or other economic benefits, other than by using the method prescribed by Mikro;
12.8.Acts of using the Services for sales, marketing, advertising, solicitation or other commercial purposes (except for those approved by Mikro); using the Services for the purpose of sexual conduct or obscene acts; using the Services for the purpose of meeting or engaging in sexual encounters with an unknown third party; using the Services for the purpose of harassment or libelous attacks against other Users; or otherwise using the Services for purposes other than as intended by the Services;
12.9.Acts that benefit or involve collaboration with anti-social groups;
12.10.Acts that are related to religious activities or invitations to certain religious groups;
12.11.Acts of unauthorized or improper collection, disclosure, or provision of any other person's personal information, registered information, user history, or the like;
12.12.Acts of interfering with the servers and/or network systems of the Services; fraudulently manipulating the Services by means of bots, cheat tools, or other technical measures; deliberately using defects of the Services; making unreasonable inquires and/or undue claims such as repeatedly asking the same questions beyond what is necessary, and other acts of interfering with or hindering Mikro's operation of the Services or other Users’ use of the Services;
12.13.Acts of decoding the source code of the Services, such as by way of reverse engineering, disassembling or the like, for unreasonable purposes or in an unfair manner;
12.14.Acts of using this Services or this Subject Contents when conducting a business that competes with or is similar to this service;
12.15.Acts that aid or encourage any acts stated in Clauses 12.1 to 12.14 above; and
12.16.Acts other than those set forth in Clauses 12.1 to 12.15 that Mikro reasonably deems to be inappropriate.
13.1.Users shall use the Services at their own risk, and shall bear any and all responsibilities for actions carried out under and the results from the use of the Services.
13.2.Mikro may suspend the use of all or part of the Services, suspend or delete accounts, cancel any agreement between a User and Mikro with respect to the Services (including, without limitation, any agreement based on these Terms and Conditions, hereinafter the same) or take any other measure Mikro 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:
(1)A User is in breach of applicable laws and regulations, these Terms and Conditions, or any Separate Terms and Conditions;
(2)A User is a member of an anti-social group or a related party thereof;
(3)A User tarnishes Mikro’s credibility by spreading false information, using fraudulent means or force, or other unlawful means;
(4)A User is subject to a petition for attachment, provisional attachment, or auction, ; procedures such as bankruptcy, civil rehabilitation, or similar procedures are commenced; or Mikro otherwise reasonably determines that there is uncertainty with respect to User’s credibility; or
(5)The relationship of trust with a User is lost or Mikro otherwise reasonably determines that it would not be appropriate for Mikro to provide the Services to User, due to reasons other than as set forth in items (1) to (4) above.
13.3.In the case where Mikro suffers loss/damages either directly or indirectly (including, without limitation, attorney fees) due to a User’s use of the Services (including, without limitation, cases where Mikro receives a complaint from a third party due to such use), the User shall immediately compensate Mikro for such loss/damage in accordance with Mikro’s request.
Mikro SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICES (INCLUDING THE SUBJECT CONTENTS), THAT THERE ARE NO DEFECTS (INCLUDING, WITHOUT LIMITATION, FAULTS WITH RESPECT TO SECURITY, ETC., ERRORS OR BUGS, OR VIOLATIONS OF RIGHTS) OR AS TO THE SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, EFFECTIVENESS AND FITNESS FOR A PARTICULAR PURPOSE. Mikro WILL IN NO WAY BE RESPONSIBLE FOR PROVIDING USERS WITH THE SERVICES AFTER DELETING SUCH DEFECTS.
15.Mikro's LIMITATION OF LIABILITY
15.1.Mikro WILL NOT BE LIABLE FOR ANY DAMAGE INCURRED BY USERS FROM THE USE OF THE SERVICES, UNLESS SUCH DAMAGE IS ATTRIBUTABLE TO THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF Mikro; PROVIDED, HOWEVER, THAT, IN THE CASE THAT THE AGREEMENT BETWEEN THE USER AND Mikro WITH RESPECT TO THE USE OF THE SERVICES FALLS UNDER A CONSUMER CONTRACT AS DEFINED UNDER THE CONSUMER CONTRACT ACT OF JAPAN (“CONSUMER CONTRACT”), Mikro WILL BE LIABLE TO PROVIDE COMPENSATION FOR DAMAGE ARISING DUE TO NEGLIGENCE ON THE PART OF Mikro (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 SERVICES RECEIVED FROM SUCH USER FOR FEE-BASED SERVICES FOR THE MONTH IN WHICH SUCH DAMAGE HAS BEEN INCURRED, AT MAXIMUM.
15.2.IF A USER INCURS DAMAGE AS A RESULT OF GROSS NEGLIGENCE ON THE PART OF Mikro, Mikro 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 SERVICES RECEIVED FROM SUCH USER FOR FEE-BASED SERVICES 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 Mikro FALLS UNDER THE DEFINITION OF A CONSUMER CONTRACT.
16.Relationship between these Terms and Conditions and Laws and Regulations
If the terms of these Terms and Conditions violate any laws and regulations applicable to an agreement between Users and Mikro with respect to the Services (including, without limitation, the Consumer Contract Act of Japan), 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 and Conditions shall not be affected.
17.Notification and Contact
17.1.For notifications from Mikro to Users regarding the Services, Mikro will use a method that Mikro considers appropriate, such as posting in an appropriate place within the Services or on Mikro’s website.
17.2.For notifications from Users to Mikro regarding the Services, Users shall use the customer inquiry form available on the Services or on Mikro’s website, or through other means designated by Mikro.
18.Governing Law and Jurisdiction
Where Mikro has provided Users with a translation of the Japanese language version of these Terms and Conditions (the “Japanese Version”), the Japanese Version will govern the relationship between Users and Mikro. In the event of any conflict between the Japanese Version and a translation thereof, the provisions in the Japanese Version shall take precedence over any other translation. These Terms and Conditions will be governed by the laws of Japan. Any conflicts between Users and Mikro that arise from or in connection with the Service shall be resolved under the exclusive jurisdiction of the Tokyo District Court as the court of first instance.