Last Updated: March, 2026

Please read these Terms of Service ("TOS") carefully before viewing or using our Service. These TOS govern your use of PetKart (the "App"). The "Service" means the personalized service provided by us for discovering and accessing the App content, including all features and functionalities, recommendations and reviews, and user interfaces, as well as all content and software associated with our service.

As used in these TOS, "we", "us", or "our" refer to Cocone Xenon Inc.

Your Agreement to these TOS and Future Changes

These TOS are a legal agreement between you and us. The App and the Service are licensed, not sold, to you by us. We reserve all rights in and to the Service not expressly granted to you under these TOS. We may modify these TOS, at our sole discretion, effective immediately upon posting of the revised TOS, and you agree to and accept this condition. Material changes to these TOS will be announced by posting them in the mobile application stores where the Service is available. You are responsible for checking these TOS each time before using the Service. Continued use of the Service following the posting of changes means that you accept and agree to the updated TOS.

If you are a resident of the United Kingdom or the European Union:

We can always change our Service and/or TOS:

• to reflect changes in relevant laws and regulatory requirements;
• to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the Service; and
• to update digital content, provided that the digital content always matches the description of it that we provided to you before you bought it. We might ask you to install these updates.

However, for more significant changes to the TOS and/or the Service, we notify you of any changes in advance and please see the "contact" page on the Service if you would like to end these TOS before the changes take effect and receive a refund for any Service you've paid for in advance, but not received.

Scope of License

Your rights under these TOS are limited to a personal, non-commercial, nontransferable license to use the Service on devices that you own or control and as permitted by the usage rules for the applicable mobile app store through which you accessed the App (if applicable) or other terms and conditions applying to your device. These TOS do not allow you to use the Service on any device that you do not own or control, and except as provided in the rules relating to your device, you may not distribute or make the Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Service and, if you sell your device to a third party, you must remove the Service before doing so. You may not copy (except as expressly permitted by these TOS and the rules for your device), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-source components included with the Service). Any attempt to do so is a violation of the rights of us and our licensors. If you breach this restriction, you may be subject to prosecution and damages.

These TOS will govern any upgrades provided by us that replace and/or supplement the Service, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern. You acknowledge that these TOS are concluded solely between you and us, and not with any mobile application store from which you downloaded the App (for example, Apple Inc. or Google Inc.), and that we are solely responsible for the Service and the content thereof, except as otherwise provided in these TOS.

Use of the term "purchase" in these TOS does not imply that you obtain any ownership rights to the Service or any virtual currency or virtual goods.

Intellectual Property

All content included in the Service, including text, design, graphics, logos, user interfaces, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations and software is owned by us or our licensors and protected by applicable copyright laws. The Service may include registered and unregistered trademarks owned by or licensed to us, which may not be copied, imitated or used, without our prior written permission. You agree that you will not apply for, register, or otherwise use or attempt to use any our trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold in our sole discretion.

Charges

If there is a charge associated with our Service, you agree to pay that charge to access our Service. If any portion of our Service is free, there may still be charges for additional content within our Service, including virtual currency and virtual goods, and you agree to pay those charges to obtain such virtual currency or goods. You may be able to prevent purchase of such additional content by adjusting your device's settings.

Prices for our Service exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You may still incur charges incidental to using our Service even if our Service itself is free (for example, charges for internet access, text messaging, and other data transmission). You are solely responsible for the payment of such taxes or other charges related to your use of our Service.

Any amounts paid for the App are non-refundable, except to the extent required by applicable law or as expressly set forth in these Terms.

If you are a resident of the United Kingdom or the European Union, you have a legal right to change your mind about your purchase of the Service and receive a refund of what you paid for it. This is subject to some conditions, as set out below:

1. When you can't change your mind. You can't change your mind about an order for:

   1. digital content, after you have started to download or stream these; or
   2. services, once these have been completed.

   The deadline for changing your mind. If you change your mind about the Service you must let us know no later than 14 days after the day we confirm we have accepted your order.

2. How to let us know. To let us know you want to change your mind, please see the "contact" page on the Service.
3. You have to pay for services you received before you change your mind. If you bought a service (such as a subscription to a cloud-based game) we don't refund you for the time you were receiving it before you told us you'd changed your mind.
4. When and how we refund you. We refund you as soon as possible and within 14 days of you telling us you've changed your mind. We refund you by the method you used for payment. We don't charge a fee for the refund.
5. You can end an on-going contract. We tell you when and how you can end an on-going contract with us (for example, for regular services or a subscription) during the order process and we confirm this information to you in writing after we've accepted your order. If you have any questions, please see the "contact" page on the Service.
6. You have rights if there is something wrong with our Service. If you think there is something wrong with our Service, please see the "contact" page on the Service. We honor our legal duty to provide you with the Service that are as described to you on the App and that meet all the requirements imposed by law.

If you are a resident of the United Kingdom or the European Union:

1. If you purchase any digital content (for example, an in-game item), you consent that we may make available to you the App and any virtual currency or virtual goods directly after your order has been accepted by the Apple App Store, Google Play or other mobile application store. As a result, you hereby expressly acknowledge that you lose any legal right to withdraw from the purchase of any App or such virtual items.
2. If you purchase a service (for example, a subscription to a cloud-based game), you consent that we may make the service available to you immediately after your order has been accepted by the Apple App Store, Google Play or other mobile application store. As a result, you hereby expressly acknowledge that you lose any legal right to withdraw from the purchase once the service has been fully performed.

Virtual Content

When using the Service, we may provide you with opportunities to acquire a limited license to access virtual goods, including without limitation, avatars, avatar outfits, decorations, and other items (the "Virtual Goods"), and in-game currency ("Rubies"), associated with your account (collectively, "Virtual Content"). We may permit you to use "real-world" money to buy Rubies to obtain Virtual Goods that can be used within the Apps. All payments for Rubies are final and non-refundable, except as required by law. When you click to purchase, you only get a license to access Virtual Content. You have no ownership in any of the Virtual Content. Virtual Content has no monetary value, is generally game-specific, and you can't redeem Virtual Content for any type of "real world" money. We may offer Rubies at no charge based on conditions established by us. Rubies acquired for free will be used first. We may decide and modify the unit price of the Rubies and the number of Rubies required to get Virtual Goods, at our sole discretion, without your consent. The expiration date of Rubies may be determined at our sole discretion. If you delete your account, fail to log in for over one year, or if your account was suspended or terminated due to a violation of the TOS, Rubies you have may be forfeited. Virtual Content cannot be sold or transferred to a third party (unless a transfer is permitted within the App) and cannot be exchanged for or converted to cash or legal tender or for any goods or services outside of the App. You may gift Virtual Goods to other users in the App if you have duplicate Virtual Goods; however, you shall not receive any monetary compensation, Virtual Content, or any other items of value in exchange for such gifts.

In the United States, if you are under 16 years old, you must obtain consent from a parent or guardian before purchasing Rubies.

If you are a resident of the Republic of Korea, the following applies:

• You may withdraw your purchase of the Rubies within seven days of the purchase.
• Once you use the Rubies to obtain the Virtual Goods, you may not withdraw the purchase of Rubies.
• If you are under 19 years old, you must obtain consent from your legal guardian for your purchase of the Rubies; otherwise, the purchase may be canceled.

Loot Boxes

In certain jurisdictions, our Service may offer "loot boxes" as part of the gaming experience. These virtual containers provide randomized in-game items or rewards. By participating in loot box features, you acknowledge that the contents of loot boxes are randomly generated and that outcomes are not guaranteed. You understand that the acquisition of items through loot boxes is based on chance and may involve Rubies. The Virtual Goods you obtain cannot be sold or transferred to a third party (unless a transfer is permitted within the App) and cannot be exchanged for or converted to cash or legal tender or for any goods or services outside of the App. You may gift Virtual Goods to other users in the App without receiving any monetary compensation, Virtual Content, or other items of value if you have duplicate Virtual Goods.

Registration

You are responsible for any activity that occurs through the App account. To help maintain control over the account and prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service. You agree to provide and maintain accurate information relating to your account. We can terminate your account or place your account on hold in order to protect you. If the information you registered with us has changed, please update your profile.

Use of your Personal Data

We may ask you to submit personal information in order to use certain features of the Service. You agree to provide and maintain true, accurate, complete and current information. If you provide any information that is untrue, inaccurate, incomplete or not current, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service by you.

We are committed to protecting your privacy. Please review our Privacy Policy, which explains what information we collect from you and how that information is used. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Minor Users

If you are under 18 years old, you may use the Service only with the consent of your parent or legal guardian. We rely upon parents and guardians to determine if the Service is appropriate for viewing or access by persons under the age of 18. If you are over the age of 18, you agree to monitor use of your account by persons younger than the age of 18. You agree to accept full responsibility for any unauthorized use of your account by persons under the age of 18, including responsibility for any use of your credit card or other payment instrument.

User Content

The Service may invite or enable you and other users to create, submit, post, display, import, upload, transmit, use, perform, publish or distribute communications, content and materials through the App. All of the foregoing will be referred to herein as user content.

We have no obligation to accept, display, review, maintain or otherwise exploit any user content. You agree that user content is not confidential. You further agree that user content will not be returned to you. You hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit for any purpose user content via the Service or by any other means. Except as prohibited by law, you waive any rights of attribution and/or any moral rights (including the rights under Articles 27 and 28 of the Japanese Copyright Act) you may have in user content, regardless of whether user content is altered or changed in a manner not agreeable to you.

Our obligation to monitor, verify, correct or remove user content is dependent on your jurisdiction. We reserve the right to monitor, verify, correct or remove user content in our sole discretion from time to time. We are not liable for any damage resulting from any infringement of copyright, trademark or other proprietary rights in any user content. However, if you believe that any user content infringes copyright rights held by you, you may contact us at the e-mail address below with the following information and signature:

• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located in the Service;
• Your address (including country), telephone number and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
• An electronic or physical signature of the individual authorized to act on behalf of the owner of the copyright interest.

The notice should be sent to petkart_support_en-us@cocone.co.jp

How we protect you from illegal content

If you are a resident of the United Kingdom or the European Union, the following provision applies:

This provision sets out what we do to protect you from illegal content. It also explains what technology we use to help us.

We minimize the length of time for which terrorism content is present on the site. We will swiftly take down terrorism content when we find out about it.

We will minimize the length of time for which child sexual exploitation and abuse content is present on the site. We will swiftly take down child sexual exploitation and abuse content when we find out about it.

We will minimize the length of time for which other content that amounts to an offence is present on the site. This applies to content relating to assisting suicide, threats to kill, public order offences, harassment, stalking and fear or provocation of violence, drugs and psychoactive substances, firearms and other weapons, assisting illegal immigration, human trafficking, sexual exploitation, sexual images, proceeds of crime, fraud, financial services, foreign interference, animal welfare and offences relating to being involved in committing any of these offences (known as inchoate offences). We will swiftly take down such content when we find out about it.

What content and behaviors you should report

If you are a resident of the United Kingdom or the European Union, the following provision applies:

You can report or complain about the following content and behaviors:

• Content you consider to be illegal.
• When you think we are not dealing with illegal content or activity as we should.
• Where you think our content reporting systems and processes do not easily let users report content they believe to be illegal and content they believe to be harmful to children and that is accessible to children.
• When you think we have insufficiently considered the importance of protecting users' rights to freedom of expression or privacy.
• Where your content has been taken down on the basis that it is illegal.
• Where we have given you a warning, suspended, banned or restricted you in any way as a result of your content which we consider to be illegal content.
• Technology we use results in your content being taken down, access-restricted or deprioritized and you think the technology has been used in a way not set out in our terms of service.

How to complain or report content

Please see the "contact" page on the Service.

Your rights to claim against us if we restrict access to your content

If you are a resident of the United Kingdom and we take down or restrict access to any content which you generate, upload, or share using the Service, and we did not have a right to do this in accordance with these TOS, you will have a right to bring a claim against us for breach of contract. Your right to bring a claim against us is subject to the exclusions and limitations set out in these TOS.

Your rights to claim against us if we suspend or ban your use of our service

If you are a resident of the United Kingdom and we suspend or ban you from using our Service and we did not have a right to do this in accordance with these TOS, you will have a right to bring a claim against us for breach of contract. Your right to bring a claim against us is subject to the exclusions and limitations set out in these TOS.

Third-Party Services

The Service may contain links, login interfaces and other connections to third-party websites and apps. Such third-party services are provided solely as a convenience to you, and we are not responsible for, and do not sponsor or endorse the content of third-party services. Use of third-party services may require you to accept additional terms. We are not responsible for examining or evaluating, and do not warrant the offerings of, any third-party services, and you agree to use them at your sole risk.

In particular, you acknowledge and agree that use of a third-party service may cause personally identifying information to be publicly disclosed and/or associated with you. The terms of service, terms of use, privacy policy and any other terms designated by the third-party service will govern your use of that third-party service. If you have any questions, concerns or complaints about a third-party service, please contact the support or contact personnel of that third-party service.

Prohibited Conduct

You agree not to post, upload, transmit, distribute or otherwise publish any content that: (a) infringes any intellectual property or other proprietary rights of any party; (b) you do not have a right to do so; (c) poses a privacy or security risk to any person; (d) is threatening, abusive, harassing, tortious, or bullying; (e) is excessively violent or depicts realistic serious violence against a person or animal in graphic detail; (f) is defamatory, libelous, or verifiably false with the purpose of harming others; (g) constitutes hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, gender, religion, age, or other social, physical or mental characteristics; (h) is obscene or pornographic; (i) constitutes sexual harassment; (j) constitutes sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery or content, grooming, or sexual extortion; (k) glorifies or provides instructions for self-harm, including self-injury, suicide, or eating disorders, including extreme fitness and/or body shaming content; (l) promotes terrorism or violent extremism; (m) furthers or promotes criminal activity; (n) seeks to buy or sell illegal drugs; or (o) in the sole judgment of us, is objectionable or that restricts or inhibits any other person from using or enjoying the Service, or which may expose us or its users to any harm or liability. We reserve the right to investigate and take appropriate action against anyone who we conclude, in our sole discretion, has violated the provisions above. That action may include, without limitation, restricting the visibility of content, suspending or removing content from the Service, suspending or terminating your account, and reporting you to law enforcement.

You further agree not to engage in any of the following conduct through the Service: (a) archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use contents and information contained on or obtained from or through the App without our approval (b) interfere with or disrupt the Service or servers or networks, or disobey any requirements, procedures, policies or regulations of networks connected with the Service; (c) interfere with, disrupt or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service; (d) infringe any right of any person or entity, including without limitation, any intellectual property right; (e) use the Service to violate applicable laws or regulations, public order or morals, or these TOS; (f) use the Service to harm minors in any way; (g) use the Service to reveal any personal information about another individual (h) pursue or solicit romantic relationships online; (i) stalk, threaten or otherwise harass or cause discomfort to another person; (j) use the Service for any commercial purpose, including post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation; (k) advertise or solicit political or religious activities; (l) have multiple accounts on one device without our approval; (m) sell, share, or give the accounts to other users; (n) modify, damage, decompile, reverse-engineer, or disassemble our Service; (o) obtain in-game contents through fraudulent or deceptive means (p) defraud or mislead us or other users; (q) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (r) use any other user's account for any purpose, including to circumvent a suspension or ban; or (s) cheat or use, develop or distribute automation software programs ("bots"), "macro" software programs or other "cheat utility" software program or applications that are designed to modify the Service experience. We reserve the right to determine what conduct violates these restrictions or is otherwise outside the intentions of these TOS or the Service and to take action as a result, which may include termination of your account and exclusion from further participation in the Service.

Changes, Suspension or Termination of the Service

We reserve the right to add, change, suspend or discontinue the Service, or any aspect or feature of the Service, without notice or liability. You agree that we may alter the Service, which includes changing the various terms and changing or eliminating parts of the Service, without contacting you in advance.

You agree that we may temporarily suspend the Service without prior notice. During any such period you may be unable to access any information you have stored on the Service. This may occur, for example, when we are conducting regular or emergency maintenance.

The license is effective until terminated by you or us. Your rights under these TOS will terminate automatically without notice from us if you violate any terms listed in these TOS regardless of whether the violation is by, on behalf of or through you. Upon termination of the license, you shall cease all use of the Service and delete all copies of the Service.

You may, as the result of termination, lose your App account and all information and data associated with it. You will not be entitled to any refund, reimbursement or other liability as a result of any termination permitted under these TOS for any reason, whether by you or us. We reserve the right to refuse to keep accounts for or provide access to the Service to anyone.

No Warranty

YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULR PURPOSE, OF ACCURACY, OF RELIABILITY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT THAT THE SERVICE OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR FEATURES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

If you are not a resident of the United Kingdom or the European Union, the following provision applies:

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED FIFTY U.S. DOLLARS ($50.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you.

If you are a resident of the United Kingdom or the European Union, the following provision applies:

1. We're responsible for losses you suffer caused by us breaking these TOS unless the loss is:
   1. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your purchase of the Service meant we should have expected it (so, in the law, the loss was unforeseeable).
   2. Caused by a delaying event outside our control. We're not responsible for delays outside our control.
   3. Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the minimum system requirements advised by us.
   4. A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

Indemnification

You are responsible for damages incurred by us and our affiliates as a result of your use of the Service and agree to defend, indemnify and hold harmless us and our affiliates and other users from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to the use of the Service and any breach of these TOS, the Privacy Policy or any other policies posted on the Service from time to time.

If you are a California resident, you waive California Civil Code Section 1542, which says:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Third-Party Beneficiary

You acknowledge and agree that the mobile application store from which you obtained the App or any service available via the App is a third-party beneficiary of these TOS, and that, upon your acceptance of the terms and conditions of these TOS, such store will have the right (and will be deemed to have accepted the right) to enforce these TOS against you as a third-party beneficiary thereof.

You acknowledge that, in the event of any user or third-party claim relating to the Service or your possession and use of the Service, the mobile application store from which you obtained the App or any service available via the App (including Apple and Google Play) will not have any responsibility for the investigation, defense, settlement and discharge of any such claim. This includes but is not limited to: (a) product liability claims; (b) claims of failure to conform to any applicable legal or regulatory requirement; (c) claims arising under consumer protection or similar legislation; and (d) claims of infringement of a third party's intellectual property rights. However, nothing in these TOS limits our liability to you beyond what is permitted by applicable law.

Disputes

As used in these TOS, "Dispute" means any dispute, claim, demand, action, proceeding, or other controversy between you and us concerning the Service and your or our obligations and performance under these TOS, our Privacy Policy or with respect to the Service, whether based in contract, warranty, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, concealment, omission, negligence, conversion, trespass, strict liability, and product liability), statute (including, without limitation, consumer protection and unfair competition statutes), regulation, ordinance, or any other legal or equitable basis or theory. Dispute will be given the broadest possible meaning allowable under law. However, Dispute does not include a claim to enforce or protect, or concerning the validity of, any of your or our (or any of our licensors') intellectual property rights or a claim related to, or arising from, allegations of theft, piracy, or unauthorized use.

THE MEDIATION AND BINDING ARBITRATION PROVISIONS APPLY TO USERS WHO ARE IN THE UNITED STATES

Mediation and Binding Arbitration

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

You may opt out of arbitration within a limited period. Please see "Opt-Out Right" below.

Informal Negotiation. You and we agree to attempt in good faith to resolve any Dispute before commencing arbitration. Unless you and we otherwise agree in writing, the time for informal negotiation will be 60 days from the date on which you or we provide written notice of the Dispute. You and we agree that neither will commence arbitration before the end of the time for informal negotiation.

Binding Arbitration. If informal negotiation is not effective, arbitration shall be conducted before a single arbitrator under the Commercial Rules of the American Arbitration Association (AAA). Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Commercial Rules, Consumer Due Process Protocol and the Supplementary Procedures for Consumer Related Disputes. Unless the claim is for more than US$10,000, the arbitration shall be conducted solely through the submission of documents, by phone or online. The arbitrator shall make a decision in writing, and shall provide a statement of reasons if requested by either party. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR'S AWARD. Nothing herein will prevent us or you from pursuing a claim in small claims court with applicable jurisdiction.

Limitation. You and we agree that any arbitration shall be limited to the Dispute between us and you individually. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this provision is determined to be unenforceable, then the entirety of this Mediation and Dispute Resolution section shall be null and void.

Opt-Out Right. You can reject and opt-out of this binding arbitration agreement within thirty (30) days of your first use of the Service by emailing us at ___ stating your intent to opt-out of the binding arbitration. Note that opting out of this arbitration agreement does not affect any other part of these TOS, including the provisions regarding controlling law or in which courts any disputes must be brought.

THE FOLLOWING PROVISION APPLIES TO USERS WHO ARE IN THE UNITED KINGDOM OR THE EUROPEAN UNION

Resolving Disputes without going to court: if we are unable to resolve Disputes with you, you may request that alternative dispute resolution ("ADR") is used. ADR is a process for resolving Disputes between you and us that does not involve going to court. We will provide you with the name and website address of an ADR provider that would be competent to deal with your issue. You can bring claims against us in the courts of the country you live in and we can claim against you in the courts of the country you live in.

To the extent permitted by your local laws, the laws of England and Wales govern these TOS and your use of our Service. You can bring claims against us in the courts of the country you live in and we can claim against you in the courts of the country you live in.

Governing Law and Jurisdiction

The relationship between the parties as well as any Dispute, shall be governed by, and interpreted in accordance with, the laws of Japan, without regard to principles of conflict of laws and regardless of your location. You agree that any claim or dispute you may have against us must be resolved exclusively by the Tokyo District Court in Japan. Your use of the Service may also be subject to other local, state, national, or international laws.

Severability

If any of the terms or conditions of these TOS shall be deemed invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining portion of these TOS.

Delay in Enforcement

No delay or failure to take action under these TOS shall constitute any waiver by us of any provision of these TOS.

Complete Agreement

These TOS, the Privacy Policy, and any other policies posted in the Service from time to time, constitute the complete agreement between you and us with respect to the subject matter hereof and thereof and supersede all prior agreements or representations between you and us.