Terms of Service

Article 1 (Application)

These Terms of Use shall apply to all relationships related to the use of the Services between Users and Gugenka.

Article 2 (User Registration)

• Gugenka recommends that you register as a user of the Services before using the Services. Without user registration for the Services, some functions of the Services may not be available.
• Registration for use of the Services shall be completed when an applicant applies for registration for use of the Services in accordance with the method specified by Gugenka and Gugenka approves the application.
• If Gugenka determines that the applicant has any of the following reasons, Gugenka may not approve the application for user registration and shall not be obligated to disclose the reasons for such denial.
  (1) When false information is reported in the application for user registration.
  (2) If the application is from a person who has violated these Terms of Use.
  (3) In any other case in which Gugenka deems the registration of use to be inappropriate.

Article 3 (Management of User ID and Password)

• Although the Services is open to the public, certain parts, components, contents, and features of the Services are available only to individuals who have signed in to the Services using their Services ID and completed the registration procedures for use of the Services (each, a "registered user".). The User shall manage his/her user ID and password for the Services at his/her own responsibility.
• Users shall, under no circumstances, be responsible for maintaining and managing the User ID and password used for the Services in confidence, and shall not transfer, lend, or sell them to any third party. When a user logs in with a combination of user ID and password that matches the registered information, we will consider the use of the Services to be by the user who has registered that user ID. Even if they are used by someone other than the member due to theft, unauthorized use, or other circumstances, Gugenka shall not be liable for any damages resulting from such use.

Article 4 (UStar)

1. “UStar” means digital coins sold or provided to users by Gugenka or such third party, which can be used within Gugenka's Services and such third party's Services.
2. Users may purchase UStar within the Services or services designated by such third parties in accordance with the method determined by Gugenka. UStar may be purchased on sales sites and apps operated by Gugenka and within the services of its partners, including the “Meta Store”.
3. UStar purchased by the user on our and our partners' services will be linked to the user's account and integrated between each service. This allows the user to use the integrated UStar within each service.
4. The user may use UStar in a manner determined by Gugenka, and UStar will cease to exist upon such use. Gugenka reserves the right to change the use of UStar without prior notice to the user.
5. If the user is a minor, the following restrictions apply to the purchase of UStar.
(1) Users under 16 years of age may purchase UStar up to 5,000 yen per month.
(2) Users between the ages of 16 and 20 may purchase UStar up to 20,000 yen per month.
(3) If a user who falls under this section wishes to purchase beyond this limit, the consent of a person with parental authority or legal representative is required.
6.UStar purchases may be made through in-app payment methods such as Apple, Google, and Meta. Terms of use and fees for these payment methods are subject to the terms of use and privacy policy of the respective providers.
7.In the event of termination of the User Agreement between the User and Gugenka, the UStar shall cease to exist at the time of termination of the User Agreement, regardless of the reason for such termination. We shall not be obligated to compensate the User for the UStar that has been extinguished for any reason whatsoever.
8. We shall not redeem or refund UStar for any reason (including but not limited to the inability to use UStar due to the user's environment for using the Service, equipment used, knowledge and literacy of the Service and the Internet, or any other circumstances related to the user). UStar shall not be redeemed for cash or refunded due to any reason including, but not limited to, the following.
9. We may suspend the use of UStar or revoke UStar and such digital products purchased using UStar in any of the following cases.
(1) When a User obtains a UStar by an unauthorized method or uses a UStar knowing that it was obtained by an unauthorized method
(2) If the UStar is counterfeit or altered
(3) If the User violates these Terms of Use
(4) In addition to the preceding items, when we determine that there are reasonable grounds for the suspension or revocation of the use of UStar.
10. if the UStar is suspended or revoked pursuant to the preceding paragraph after the user has used the UStar pursuant to Paragraph 3, based on an event that occurred prior to such use, the use of such UStar (including, but not limited to, a transaction in which the user acquires such digital product in exchange for such UStar) shall be deemed to have been made by the UStar owner. ) In such cases, we may cancel or suspend the use of the UStar. In such a case, we are not obligated to return the UStar or otherwise compensate you.
11. UStar may not be assigned or otherwise disposed of, pledged or otherwise encumbered.

Article 5 (Purchase of Products)

1. Users may use the Services to purchase products or services (hereinafter “Products”).
2. When Users wish to purchase Products, Users shall apply for the purchase of Products in accordance with the method designated by Gugenka.
3. The sales contract for product purchases varies depending on the product purchased.
・Digital products: At the time the purchase button is pressed.
・Digital + Real: At the time the purchase button is pressed.
・Real: At the time when we send an email notifying you of the shipment of the product.
4. Unless otherwise specified on individual order screens, in the User's Guide, or on other screens of the Services, Gugenka will not accept any withdrawal of a purchase order at the convenience of the Users.
5. Gugenka makes every effort to post accurate product information. However, in the unlikely event that Gugenka receives an order based on an incorrectly listed price, Gugenka will notify you of the change and confirm your intent to place the order at the changed price before the sales contract is executed.
6. In the event of fraudulent or inappropriate behavior by the User in connection with the use of the Services, or in the event that a User who has purchased a product does not receive the product delivered by Gugenka for any reason whatsoever, Gugenka may cancel the sales contract or take other appropriate action (including cases where the user has already paid for the product). In such a case, any costs incurred by Gugenka (including, but not limited to, product delivery charges and other fees) shall be borne by the User who purchased the product.
7. Gugenka may contact you if the amount of your transaction over a certain period of time is high. If Gugenka is unable to contact the User, Gugenka may cancel the purchase order, terminate the purchase agreement, or take other appropriate action.
8. The delivery destination for real products and others through this service is limited to within Japan.
9. Gugenka shall not be liable for failure to accept an application for the purchase of Products due to Internet failure or other causes for which Gugenka is not responsible.

Article 6 (Delivery of Products)

1. Real merchandise is delivered by a delivery service provided by Gugenka or a delivery company designated by Gugenka. There is no basic delivery charge (delivery charges may apply in some cases).
2. For some products, the previously announced delivery date may be changed for various reasons, the delivery date may be delayed due to out-of-stock or other reasons, or Gugenka may not be able to fulfill your order. In such cases, Gugenka shall not be liable for any compensation.
3. In the event that a User does not receive a product shipped by Gugenka (including cases where a User refuses to receive the product or is absent from Gugenka for a long period of time) the User may be required to pay for any costs (such as re-delivery costs) incurred by Gugenka as a result of this.
4. Gugenka reserves the right to dispose of or otherwise dispose of any merchandise not received by a User after storing it for a certain period of time.

Article 7 (Payment Method)

1. The amount to be paid for the Products is the total of the merchandise purchase price, shipping charges, settlement fees, and consumption tax, etc.
2. Payment for Products purchased through the Services shall be made by credit card in the User's name (limited to those accepted by Gugenka) or by d-payment.
3. In the case of payment by credit card, the User shall comply with the terms and conditions of a separate agreement with the credit card company. In the event of a dispute between the User and the credit card company, etc., the dispute shall be resolved by both parties concerned, and Gugenka shall have no responsibility whatsoever.

Article 8 (Return of Products, etc.)

1. Cancellation, return or exchange of Products (hereinafter "Cancellation, etc.") after the conclusion of a sales contract will be accepted only in cases where attributable to Gugenka, such as defective, wrong Products or wrong quantity.
2. The User shall cancel, etc. as set forth in the preceding paragraph in accordance with the method separately determined by Gugenka.

Article 9 (Disclaimer of Liability for Services)

1. The color and shape of products may differ between the screen display and the actual product due to monitor settings and other factors.
2. Gugenka shall be exempted from liability by contacting you at the contact address you have entered and by delivering the products to the shipping address you have indicated when you purchased the products.
3. Although Gugenka will do our best to ensure that the product descriptions and descriptions on the Services are accurate, complete, and up-to-date, Gugenka does not guarantee that they are error-free.
4. Gugenka shall not be liable for any damage, loss, or disadvantage arising from the use of the Services, regardless of the legal cause of action. Gugenka shall not be liable for any damage, loss, or disadvantage arising from products sold or purchased through the Services.

Article 10 (Prohibitions)

In using the Services, Users shall not engage in any of the following acts:

(1) Violating laws and regulations
(2) Acts that violate public order and morals
(3) Criminal acts
(4) Reproduction, alteration, falsification, sending, transfer, circulation, distribution, resale, or storage for such purposes of data without Gugenka's consent
(5) Acts that damage the social credibility, reputation, or image of the Services
(6) Infringement on the intellectual property rights (including but not limited to copyrights, design rights, utility model rights, trademark rights, patent rights, and know-how) or any other rights of Gugenka or any third party
(7) Acts that destroy or interfere with the functions of Gugenka's servers or network
(8) Acts that may interfere with the operation of Gugenka's services
(9) Acts that collect or accumulate personal information about other users
(10) Impersonating another user
(11) Direct or indirect provision of benefits to antisocial forces in relation to Gugenka’s services
(12) Other acts that Gugenka deems inappropriate

Article 11 (Suspension of provision of the Services)

• Gugenka reserves the right to suspend or discontinue all or part of the Services without prior notice to Users for any of the following reasons.
  (1) When maintenance inspection or updating of the computer system for the Services is performed.
  (2) When the provision of the Services becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster.
  (3) When computers or communication lines are stopped due to an accident.
  (4) In any other cases where Gugenka deems it difficult to provide the Service.
  
• Gugenka shall not be liable for any disadvantage or damage incurred by Users or third parties as a result of the suspension or termination of the provision of the Services, regardless of the reason.

Article 12 (Restriction of Use and Cancellation of Registration)

• Gugenka reserves the right to restrict the use of all or part of the Services or terminate a User's registration as a User without prior notice in the following cases.
  (1) When a User violates any of the provisions of these Terms of Use
  (2) When it is found that there is a false fact in the registration information
  (3) In any other case in which Gugenka deems the use of the Services to be inappropriate
  
• Gugenka shall not be liable for any damages incurred by the User as a result of actions taken by Gugenka in accordance with this Article.

Article 13 (Disclaimer)

• Gugenka shall be exempted from liability for default if such default is not due to willful misconduct or gross negligence on the part of Gugenka.
• In the event that Gugenka is liable for any reason, Gugenka shall be liable for compensation only to the extent of the damages that could ordinarily arise and, in the case of paid services, only to the extent of the amount paid (in the case of continuous services, the amount equivalent to one month's worth).
• Gugenka does not guarantee that the Services will be compatible with all the terminals of all the Users.
• Gugenka is not responsible for the completeness, accuracy, certainty, usefulness, etc. of the contents of the Services or information that users may obtain through the Services.
• Gugenka is not responsible for any transactions, communications, or disputes that arise between Users and other users or third parties in connection with the Services.

Article 14 (Change of Service Contents, etc.)

Gugenka reserves the right to change the contents of the Services or discontinue providing the Services without notice to the User, and shall not be liable for any damages incurred by the User as a result of such changes or discontinuation.

Article 15 (Modification of Terms of Use)

Gugenka reserves the right to change these Terms of Use at any time without notice to the User if it deems such change to be necessary.

• Gugenka may change the Terms of Use at its discretion in the following cases:
  (1) When the modification of the Terms of Use is in the general interest of the User.
  (2) Modification of the Terms of Use is not contrary to the purpose of the agreement, and is reasonable in light of the necessity of the modification, reasonableness of the modified contents, contents of the modification, and other circumstances pertaining to the modification.
  
• When the User uses the Services after the effective date of the revised Terms of Use, the User is deemed to have agreed to the revised Terms of Use.

Article 16 (Intellectual Property Rights)

• All intellectual property rights, including copyrights and trademarks, pertaining to the Services shall belong to Gugenka or the Licensor.
• Gugenka grants to the User a non-exclusive right to use the Services in accordance with these Terms of Use and the Terms of Use posted within the Services. Even in the event that a user performs a procedure indicated as "purchase" or "sale" on the screen of the Services, no intellectual property rights or ownership rights related to the Services are transferred to the User, and the User is granted the right to use the Content.
• Users may use copyrighted materials related to the Services to post or upload to various SNS services. However, users shall delete information posted or uploaded to SNS services only when requested to do so by Gugenka or a rights holder such as a licensor.
• In the event that any content posted by a User includes intellectual property rights of licensors other than Gugenka, the guidelines for derivative works (hereinafter the "Guidelines") separately established by the licensors shall take precedence over these Terms of Use. If there are no Guidelines, these Terms of Use shall apply.
• In the event that any problem arises in relation to intellectual property rights such as copyrights in violation of the preceding paragraph, the User shall resolve the problem at his/her own expense and responsibility and shall not cause any inconvenience or damage to Gugenka or the Licensor.

Article 17 (Handling of Personal Information)

1. When you use the Service, we collect and use your personal information appropriately. This personal information may include, but is not limited to, your name, address, e-mail address, telephone number, purchase history, and payment information.
2. We will use your personal information only for the purpose of providing and improving the Service, providing information tailored to your interests, displaying appropriate advertisements, and preventing fraudulent activities in the operation of the Service.
3. When providing users' personal information to a third party, we shall obtain the users' consent, except when required by law. However, this does not apply to the provision of information in the form of statistical data in which individuals cannot be identified.
4. Please refer to our Site Privacy Policy (URL: https://gugenka.jp/sitepolicy) for details on how we handle the User's personal information. By using the Service, the User is deemed to have agreed to the contents of the Site Privacy Policy (URL: https://gugenka.jp/sitepolicy).
5. We shall take appropriate technical and organizational measures to ensure the safe management of personal information.

Article 18 (Notification or Communication)

Notices or communications between a User and Gugenka shall be made in a manner determined by Gugenka.

Article 19 (Prohibition of Assignment of Rights and Obligations)

The User may not assign his/her position under the Service Agreement or rights or obligations under this Agreement to a third party or offer them as security without prior written consent of Gugenka.

Article 20 (Governing Law and Jurisdiction)

• These Terms of Use shall be governed by and construed in accordance with the laws of Japan.
• Any disputes arising in connection with the Services shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Gugenka's head office.

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