The terms and conditions of use shown here(hereinafter referred to as the"Terms
and Conditions") set forth the terms between PremaTel Corporation(hereinafter
referred to as the"Company")and users(hereinafter referred to as
the"User"or"Users"depending upon context) of any services or features of
PremaTel (hereinafter referred to as the"Service"), which is provided by the
The following words and terms shall have the meanings set forth below when they
are used in the Terms and Conditions.
1.1."content(s)"means information such as text, audio files, music, images,
videos, software, programs, computer code, and the like.
1.2."Content(s)"means content(s)that may be accessed through the Service.
1.3."Submitted Content(s)"means content(s)that Users have submitted,
transmitted, or uploaded.
1.4."Coin(s)"refers to the virtual currency which Users may use to pay for
contents and services offered by the Company, which are not free of charge.
1.5."Separate Terms and Conditions"means documents released or uploaded by the
Company that pertain to the Service, under the
title"agreement,""guideline,""policy,"and the like.
2. Agreement to Terms and Conditions
2.1. All Users shall use the Service in accordance with the terms stated in the
Terms and Conditions. Users may not use the Service unless they agree to the
Terms and Conditions. Such agreement is valid and irrevocable.
2.2. Minors may use the Service only with consent from their parents or legal
guardian. Furthermore, if Users use the Service on behalf of, or for the
purposes of a business enterprise, then that business enterprise shall also be
deemed to have agreed to the Terms and Conditions. Such agreement is valid and
2.3. By actually using the Service, Users are deemed to have agreed to the Terms
and Conditions. Such agreement is valid and irrevocable.
2.4. If there are Separate Terms and Conditions for the Service, Users also
shall comply with such Separate Terms and Conditions as well as the Terms and
3. Modification of the Terms and Conditions
The Company may modify the Terms and Conditions or Separate Terms and Conditions
when the Company deems necessary, without providing prior notice to Users. The
modification will become effective once the modified Terms and Conditions or
Separate Terms and Conditions are posted on an appropriate location within the
website operated by the Company. Users shall be deemed to have granted valid and
irrevocable consent to the modified Terms and Conditions or Separate Terms and
Conditions by continuing to use the Service. Users shall refer to the Terms and
Conditions on a regular basis when using the Service, since a separate
notification regarding the modification to Terms and Conditions may not be
4.1. Users, when providing information about him/herself to the Company, shall
provide genuine, accurate, and complete information while using the Service, and
keep such information up-to-date at all times.
4.2. If Users register a password while using the Service, Users shall exercise
due care and responsibility in order for the password not to be used in an
unlawful manner. The Company may treat all activities conducted with the
password as activities that have been conducted by the holder of the password
4.3. Any registered User to the Service may delete his/her account and withdraw
from using the Service, at any time.
4.4. The Company may suspend or delete a User's account without giving prior
notice to the User if the Company believes that the User is violating or has
violated the Terms and Conditions.
4.5. The Company reserves the right to delete any account that has been inactive
for a period of a year or more since its last activation, without any prior
notice to the User.
4.6. Users'rights to use the service shall expire when their account has been
deleted for any reason. The account cannot be retrieved even if Users have
accidentally deleted their account, and the Company asks Users to be aware of
4.7. Each account in the Service is for the exclusive use and belongs solely to
the owner of the account. Users may not transfer or lend their accounts to any
third party nor may their accounts be inherited by any third party.
5.1. The Company places its highest priority on the privacy of its Users.
5.2. The Company promises to protect the privacy and personal information of its
5.3. The Company promises to exercise the utmost care and attention regarding
its security measures for the continued security of any and all User
6. Provision of the
6.1. Users shall supply the necessary PC, mobile phone device, communication
device, operating system, and data connection necessary for using the Service
under Users'own responsibility and at Users'own expense.
6.2. The Company reserves the right to limit access to the whole or part of the
Service depending upon conditions that the Company considers necessary, such as
age, identification, current membership status, and the like.
6.3. The Company reserves the right to modify or cease, at the Company's own
discretion, the whole or part of the Service at anytime without any prior notice
to the Users.
7. Incapability of Emergency Calls
The Service cannot be depended upon for emergency calls, such as ones made to
law enforcement agencies, maritime safety authorities, fire brigade, or other
The Company reserves the right to provide Users with advertisements for the
Company or a third party, through the Service.
9. Business Partners'Services
Contents or other services offered by other business partners cooperating with
the Company may be included within the Service. The business partners bear all
responsibility regarding such contents and/or services offered. Furthermore,
such contents and services may be governed by the explicit terms and conditions
etc., which are set accordingly by the business partners.
10.1. The Company grants Users the non-transferable, non-re-licensable,
non-exclusive license to use the Contents provided by the Company, only for the
purpose of using the Service.
10.2. Users shall abide by the appropriate conditions when using Contents which
are subject to additional fees and periods of use. Notwithstanding situations
where phrases such as"Purchase","Sales,"and the like appear on the Service
screens, the Company shall remain the holder of all intellectual property rights
as well as all other rights in the Contents offered to Users by the Company, and
such rights shall not be transferred to Users.
10.3. Users shall not use the Contents beyond the scope of the intended use of
the Contents in the Service(including but not limited to copying, transmission,
10.4. If Users wish to back-up the whole or part of the Submitted Contents, they
will need to do so themselves. The Company will not undertake the obligation of
backing up any of the Submitted Contents.
10.5. The Service may include functions where multiple users may post, correct,
edit, and delete items. In such cases, the User who posted his/her Submitted
Contents has to allow other Users to perform any editing in relation to the
10.6. Users shall maintain the rights regarding their Submitted Contents just as
before, and the Company shall not acquire any rights to such contents. However,
if the Submitted Contents are visible, not just to the User's"friends"but to all
the other Users, the User who posts the Submitted Content shall grant the
Company a worldwide, non-exclusive, royalty-free license(with the right to
sublicense such content to other third parties working together with the
Company), for an indefinite period, to use(after modifying such content, if the
Company believes it necessary and proper)such content for services and/or
10.7. The Company may check the details of the Submitted Contents, when the
Company believes that the Submitted Contents may violate related laws or
provisions set out in the Terms and Conditions. However, the Company is not
obligated to conduct such investigations.
10.8. If the Company believes that the User has violated or may violate
applicable laws or provisions in the Terms and Conditions related to Submitted
Contents, then the Company reserves the right to preclude the User's use of the
Submitted Contents in certain manners, such as deleting the Submitted Content
without providing the User with prior notice.
11.1. Coins will be provided to Users by the means specified by the Company such
as purchases, special offers, and the like. Details regarding the payment
methods, units, and all other conditions regarding Coins will be decided by the
Company and displayed accordingly upon the Service.
11.2. Coins cannot be exchanged or used for any other purposes other than the
ones offered by the Service. The number of Coins required for receiving the
offered services, contents, and the like will be decided by the Company and
displayed accordingly upon the Service.
11.3. Coins may only be used by the account that purchased them. Furthermore,
Coins cannot be carried over or combined between devices running on different
operating systems, as the types of Coins differ even though they are categorized
under the same name.
11.4. Coins cannot be refunded for any reason. However, this does not apply if
required by applicable laws. If this occurs, the Company shall process refunds
in accordance with the relevant laws, and such information will be made
available on the Company's website etc.
Users shall not engage in the following when using the Service.
12.1. Activities that violate the law, court verdicts, resolutions or orders, or
administrative measures that are legally binding.
12.2. Activities that may hinder public order or customs.
12.3. Activities that infringe intellectual property rights, such as copyrights,
trademarks and patents, fame, privacy, and all other rights of the Company
and/or a third party granted by the law or contract.
12.4. Activities that post or transmit violent or sexual expressions;expressions
that lead to discrimination by race, national origin, creed, sex, social status,
family origin, etc.;expressions that induce or encourage suicide, self-injury
behavior, or drug abuse;or anti-social expressions that include anti-social
content and lead to the discomfort of others.
12.5. Activities that lead to the misrepresentation of the Company and/or a
third party, or intentionally spread false information.
12.6. Activities such as sending messages indiscriminately to numerous
Users(except for those approved by the Company), indiscriminately adding Users
as Friends or to Group Chats, or any other activities deemed to be spamming by
12.7. Activities that exchange the right to use the Contents into cash, property
or other economic benefits without Company's authorization.
12.8. Activities that use the Service for sales, marketing, advertisement,
soliciting or other commercial purposes(except for those approved by the
Company);use the Service for the purpose of sexual conducts or obscene acts.use
the Service for the purpose of meeting a person for sexual encounters.use the
Service for the purpose of harassments or libelous attacks against other
Users;or use the Service for purposes other than the Service's true intent.
12.9. Activities that benefit or collaborate with anti-social groups.
12.10. Activities that are related to religious activities or invitations to
certain religious groups.
12.11. Activities that illegally or improperly lead to the collection,
disclosure, or provision of other's personal information, registered
information, user history, or the like.
12.12. Activities that interfere with the servers and/or network systems of the
Service;that abuse the Service by means of BOTs, cheat tools, or other technical
measures;that deliberately use defects of the Service;that make unreasonable
inquires and/or undue claims such as repeatedly asking the same question beyond
the necessity, and that interfere with the Company's operation of the Service or
Users'use of the Service.
12.13. Activities that aid or encourage any activity stated in Clauses 1 to 9
12.14. Other activities that are deemed by the Company to be inappropriate.
13. User Responsibility
13.1. Users shall use this Service at his/her own risk, and shall bear all
responsibility for actions carried out and their results upon this Service.
13.2. The Company may take measures that the Company considers necessary and
appropriate, if the Company acknowledges that a User is using the service in a
way which violates the Terms and Conditions. However, the Company shall not be
responsible for correcting or preventing such violation towards Users or others.
13.3. In the case where the Company has suffered loss/damage or has been charged
an expense(including but not limited to lawyer's fees)directly or
indirectly(including but not limited to cases where the Company has been sued
for damages by a third party)due to the User violating applicable laws or the
Terms and Conditions while using the Service, the User shall immediately
compensate the Company upon its request.
14. The Company's
Exemption of Liability
14.1. The Company does not expressly or impliedly guarantee that the
Service(including the Contents)are free from de facto or legal flaws(including
but not limited to stability, reliability, accuracy, integrity, effectiveness,
fitness for certain purposes, security-related faults, errors, bugs, or
infringements of rights). The Company shall not be responsible for providing the
Service without such defects.
14.2. The Company shall not be responsible for any damages inflicted upon Users
in relation to the use of the Service. However, if the agreement(including but
not limited to the Terms and Conditions)between the Company and Users regarding
the Service shall be deemed as a consumer contract under the Consumer Contract
Law in Japan, then this exemption clause shall not be applied.
14.3. Notwithstanding the condition stated in clause 14.2 above, the Company
shall not be responsible for any indirect, special, incidental, consequential or
punitive damages(including but not limited to such damages that the Company or
Users predicted or could have predicted)with respect to the Company's
contractual default or act of tort due to the Company's negligence(except for
gross negligence). The compensation for ordinary damages in respect to the
Company's contractual default or act of tort due to the Company's
negligence(except for gross negligence)shall be limited to the total amount of
received fees from the User in the particular calendar month in which such
15. Notification and Contact
15.1.When the Company notifies or contacts Users regarding the Service, the
Company may use a method that the Company considers appropriate, such as posting
on the website operated by the Company.
15.2.When Users notifies or contacts the Company in regard to the Service, Users
shall use the customer inquiry form available on the website operated by the
company or other means designated by the Company.