Terms of Service
Terms of Service
1. Acceptance of Terms of Service
1.1 These terms of service (“Terms”) are a legal and binding agreement between you and GranSky Studios, Inc. (“GranSky”) governing your use of the service (“Service”) provided by GranSky in relation to the application called “Little Lamp and Dark Library” (“Application”) that is made available through the “App Store” operated by Apple, Inc. or its affiliated company (“Apple”) and “Google Play Store” operated by Google, Inc. or its affiliated company (“Google”).
1.2 By installing or using the Application, you will be deemed to agree to be bound by the Terms. If you do not agree with the Terms, you may not use the Service.
2. Amendment of the Terms
2.1 GranSky may amend the Terms without your consent. In such case, the Terms shall be as prescribed in the amended Terms.
2.2 Unless otherwise provided by GranSky, the amended Terms shall be deemed to become effective when the amended Terms are displayed online on the relevant page of GranSky’s website or the “App Store or Google Play Store”.
2.3 By continuing to use the Service after the effective date of any amendments to the Terms, you are deemed to agree to be bound by the amended Terms.
3. Personal Information
4.2 The details of the Service shall be specified separately by GranSky and notified to you online or in any other reasonable manner that GranSky deems appropriate.
5. Fees for the Service
5.1 You shall pay the price of the subscription specified separately by GranSky (“Subscription fee”) subject to the terms and conditions of the “App Store or Google Play Store” when you continue to use the Service after the free trial period or extend the term of the subscription.
5.2 The Subscription fee shall not be refunded except as required by law.
5.3 You acknowledge that the subscription will automatically renew for the applicable time period you have selected until you cancel such automatic renewal of the subscription in accordance with the manner designated in the “App Store or Google Play Store”.
6. License of the Application
6.1 GranSky hereby grants to you a non-transferable and non-exclusive license to use the Application for the purpose of using the Service subject to the Terms.
6.2 You shall use the Application only for private use purposes and shall not copy, distribute, publish, broadcast or effect a transmission of the Application exceeding the scope of private use.
6.3 No rights related to the Application are granted to you hereunder other than as expressly set forth herein.
6.4 You shall not be allowed to:
a. modify, alter, or otherwise create derivative works of the Application;
b. reverse engineer, disassemble or decompile the Application, or apply any other process or procedure to derive the source code of the Application;
c. lend, lease, create any security interest over, or otherwise transfer or dispose of your rights related to the Application;
d. distribute the Application, whether by sending copies, electronically or otherwise, and whether or not for consideration;
e. provide the Application or any part thereof for commercial purposes by incorporating the Application or such part thereof in any other hardware or Application product;
f. remove or modify the intellectual property notice attached to the Application; or
g. use by dividing the Application into components or use the components of the Application for any purpose other than the original intention of the Application.
6.5 Your rights under this license will terminate automatically without notice from GranSky if you fail to comply with any term of this license. In such case, upon termination of the license, you shall cease all use of the Application and destroy all copies, full or partial, of the Application.
7. No Warranty
7.1 The Application is provided by GranSky on a “AS IS” basis without warranty of any kind and GranSky makes no warranty, either express or implied, including implied warranties of fitness for a particular purpose, being free from defect, and non-infringement of a third party, with regard to the Application.
7.2 You acknowledge that use of the Application is at your own responsibility.
8. Limitation of Liability
8.1 In no event shall GranSky be liable to you or any third party for any indirect, punitive, special, incidental, consequential or any other damages of any other nature (including loss of data, sales, profits, use or other economic benefits) arising from or in relation to the Service (including your use of the Service or your failure to use the Service) or for the Seller Content obtained by using the Service, whether or not GranSky has been advised of the possibility of such damages.
8.2 In no event shall GranSky be liable for any faults in the Service caused by problems with or the failure of telecommunication lines, the Application or data processing systems and the like, which GranSky uses for providing or using the Service, or by acts of government, acts of God or any other force majeure.
8.3 In no event shall GranSky’s aggregate liability for claims arising from or related to the Terms exceed the amount equal to the Subscription Fee of the period when the facts constituting the grounds of the claims occur.
9. Entire Agreement
The Terms constitute the entire agreement between you and GranSky regarding your use of the Service and supersede any and all prior or contemporaneous representation, understanding, agreement, or communication between you and GranSky, whether written or oral, regarding your use of the Service.
10. Validity and severability
If any portion of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of these Terms will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Terms shall remain in full force and effect.
11. Governing Law
The Terms shall be governed by and construed in accordance with Japanese Law.
The Tokyo District Court shall have full and exclusive subject matter and personal jurisdiction over any disputes, controversies or claims that may arise between the parties hereto.