moovin App - Terms and Conditions

1. Definitions

• (1) "Application" refers to the application software "moovin" designed for smartphones and tablets by the Company for providing The Service.
• (2) "Editing tools" refer to The Service’s filters, frames, fonts, and other materials that can be used to decorate videos and photos.

2. Agreement to The Terms and Conditions

• (1) 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.
• (2) Minors may use The Service only with consent from their parents or legal guardian.

3. Ownership Rights

The ownership rights for the application, editing tools and any other related services (including, but not limited to copyrights, trademarks, patents, and other intellectual property rights) belong to The Company or to third parties licensed by The Company.

4. Provision of The Service

• (1) The Company grants Users the non-transferable, non-re-licensable, non-exclusive right to use the contents provided by The Company, only for the purpose of using The Service.
• (2) Notwithstanding situations where phrases such as “Purchase" and "Sales" 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. Users are only granted the right to use the contents with a purpose of editing and decorating videos and photos while using The Service.
• (3) The right to use the contents as well as the usage history will become unavailable at the time the application is deleted from the smartphone or tablet, and it cannot be transferred to another device. However, in case Users made in-app purchases, they will be able to download them for free if they reinstall the app and use the same Apple ID or Google account they used at the time of the initial purchase.
• (4) The Company reserves the right to post advertisements for The Company or any other third party through the Service.
• (5) The Company may modify the contents of the Service as well as stop providing the Service when The Company deems necessary, without providing prior notice to Users.

5. Privacy

The Company’s highest priority is the privacy of its Users. The Company handles personal information of Users in accordance with the Privacy Policy.

6. Business Partners' Services

Contents or other services offered by other business partners cooperating with The Company may be included in The Service. The Company doesn’t bear the responsibility for contents and services offered by business partners. Furthermore, such contents and services may be governed by the explicit terms and conditions etc., which are set accordingly by the business partners.

7. Restrictions

Users shall not engage in the following activities when using The Service.

• (1) Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
• (2) Activities that may hinder public order or customs.
• (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.
• (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.
• (5) Activities that lead to the misrepresentation of The Company and/or a third party, or intentionally spread false information.
• (6) Activities that result in using The Service for the purpose of harassment or libelous attacks against other Users, for the purpose of meeting other Users for sexual encounters or any other purposes that are different from The Service's initial purpose.
• (7) Activities that benefit or collaborate with anti-social groups.
• (8) Activities that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, user history etc.
• (9) 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.
• (10) Activities 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’ engagement with The Service.
• (11) Activities that aid or encourage any activity stated in Clauses (1) to (10).
• (12) Other activities that are deemed by The Company to be inappropriate.

8. User Responsibility

• (1) Users shall use The Service at his/her own risk and shall bear all responsibility for actions carried out and their results upon The Service. If Users wish to back-up the whole or part of the Submitted Contents (such as edited or decorated photos), they will need to do so themselves. The Company will not undertake the obligation of backing up any of the Submitted Contents.
• (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.
• (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.

9. The Company's Exemption of Liability

• (1) The Company does not make an express or implied warranty that the Service (including the contents) is free from 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.
• (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.
• (3) Notwithstanding the condition stated in clause (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 damages occurred.

10. Modification of the Terms and Conditions

The Company may modify the 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 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 by continuing to use The Service.

11. Governing Law and Jurisdiction

Where the Company has provided Users with a translation of the Japanese language version of the Terms and Conditions (hereinafter referred to as "Japanese Version"), the Japanese Version will govern the relationship between Users and The Company. In the event of a contradiction between the Japanese Version and a translation, 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. Conflicts that arise from The Service or conflicts between Users and The Company related to The Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo.