Terms of Service
These terms of service (“Terms”) set forth the terms and conditions relating to use of the “Breakfast” (“Tool”) presentation tool provided by WOW inc. (“Company”), and the right and duty relationships between the Company and users (“Users”) of the Tool.
In order to use the Tool, Users must read the entire text of these Terms and give consent hereto. The content of these Terms, except where specified otherwise, will apply to other terms and conditions related to the Tool.
1. Consent to Terms
- (1) Users cannot download or install the Tool without first giving valid and irrevocable consent to these Terms.
- (2) If a User is a minor, such User must obtain the consent of a legal guardian such as a person who has parental authority before such User starts using the Tool.
- (3) By starting using the Tool, Users will be deemed to have given valid and irrevocable consent to these Terms.
- (4) In cases where individual terms of service etc. other than these Terms exist or are additionally imposed in relation to the Tool, Users must follow such terms of service etc. when using the Tool.
2. Amendment of Terms
- (1) The Company shall be entitled to amend these Terms at any time without advance notice to Users. In such cases, the Terms as amended will be communicated by a Company-prescribed method.
- (2) In such cases set forth in paragraph 1 of this Article 2 where Users download and start using the Tool after such amendment of these Terms, such Users must give valid and irrevocable consent to the modified Terms.
3. Personal Information etc.
- (1) The Company will not obtain the personal information of Users when Users use the Tool, except when such Users make inquiries to the Company.
- (2) The Company will use Google Analytics, etc. and collect anonymous traffic data in order to understand, measure and analyze the frequency of use etc. of the Tool with the aim of improving the Tool. These acts will not result in the identification of individual Users.
4. Use Environments
- (1) When downloading, installing or using the Tool, Users must appropriately provide and operate, under their own responsibility and at their own expense, all devices, communication means, software and the like that are necessary to connect to the internet. Except where specially provided herein, the Company shall bear no liability in regard to the operation etc. of these items.
- (2) When using the Tool, Users must prepare, under their own responsibility and at their own expense, PCs, mobile terminals or other communication devices and software etc. having Company-recommended specifications and versions.
5. Scope of License to Use Tool
- (1) Users are entitled to copy, publicly transmit, enable the transmission of and screen the presentation files made by the Tool to the extent necessary for the purpose of performing presentations using the Tool by such Users themselves.
- (2) Except where entitled pursuant to the previous paragraph (1) of this Article 5, Users are not entitled to copy, modify or adapt the programs, texts, images, photos, videos or data included in or comprising the Tool (collectively the “Contents”), nor to use in manners such as to screen, publicly transmit, enable the transmission of, exhibit, distribute, transfer or lend the Contents to third parties through any method or medium whatsoever (including uploading etc. to the internet).
6. Intellectual Property Rights of the Company, etc.
6. Intellectual Property Rights of the Company, etc. All copyrights (including the rights provided for in Article 27 and 28 and other rights of Japanese Copyright Act; the same shall apply hereinafter), patent rights, utility model rights, design rights, trademark rights and other intellectual property rights (the foregoing includes rights to receive design registrations, patents or utility model registrations, and rights arising as a result of trademark applications; hereinafter “Intellectual Property Rights”) relating to any Contents shall belong to the Company or to third parties which grant the Company a license to use such rights.
7. Tool Content Modification, Support
- (1) The Company shall be entitled to fully or partially terminate the Provision of the Tool, to fully or partially modify the content of the Tool, and to terminate support in regard to the Tool. The Company shall notify Users in advance in such cases.
- (2) Except where specially provided herein, the Company will bear no liability for any damage suffered by Users as a result of any measure of the preceding paragraph.
8. Prohibition on Assignment of Rights
Users shall not assign, license, lend, transfer, pledge, provide as security or otherwise dispose of, to/for third parties, all or any of the rights of Users set forth herein.
9. Transfer of Business, etc.
- (1) In cases where the Company transfers business related to the Tool to a third party or undergoes a corporate separation, merger or other organizational restructuring (“Business Transfer etc.”), the Company will be entitled to transfer, to such third party, status under agreements between Users and the Company (including these Terms) and the information that Users provided to the Company to use the Tool.
- (2) In a case as in the preceding paragraph, Users will give consent in advance to Business Transfer etc.
When using the Tool, Users shall not engage in any of the conduct indicated below.
- 1) Conduct in violation/breach of: laws and regulations; court rulings, decisions or orders; or administrative measures having binding force under laws and regulations;
- (2) Conduct likely to contravene public order and morality;
- (3) Conduct infringing the intellectual property rights, image rights, rights of honor, privacy rights, or other legal or contractual rights of the Company or third parties;
- (4) Posting or otherwise transmitting: excessively violent content; sexually explicit content; content associated with discrimination on the basis of race, nationality, creed, sex, social status, family heritage or the like; content inducing or fostering suicide, self-harm or drug abuse; or content that contains antisocial material and will cause distress to others;
- (5) Impersonating the Company or third parties, or intentionally disseminating false information;
- (6) Marketing, promotion, advertising, customer solicitation or other profit-seeking activity (excluding acts permitted by the Company such as acts entitled pursuant to the paragraph (1) of Article 5 of these Terms.); sexual or obscene conduct; conduct intended to harass or defame other Users; or any other use of the Tool for purposes different from its envisioned purpose of use;
- (7) Providing benefits to or otherwise cooperating with antisocial forces;
- (8) Religious activity or solicitation for religious groups;
- (9) Improperly collecting, disclosing or Providing the personal information, registered information, use history information or the like of others;
- (10) Reverse assembling, decompiling, reverse engineering or by other similar method analyzing the technology or knowhow used in the Tool;
- (11) Using technological means to improperly operate the Tool; intentionally exploiting deficiencies in the Tool; making unreasonable inquiries or demands to the Company by, for example, repeating similar questions beyond the necessary extent; or otherwise hindering or obstructing the Company’s Provision of the Tool or other Users’ use of the Tool;
- (12) Aiding or abetting conduct falling under any of (1) through (11) above; and
- (13) Other conduct that the Company deems inappropriate.
11. Suspension of Use
If the Company determines that a User has engaged in the conduct indicated in any item of 10. above, the Company may, in accordance with the extent of the infraction, temporarily suspend or terminate the Provision to such User of the Tool or support related to the Tool.
12. User Warranties and Liability
- (1) Users shall use the Tool under their own responsibility and shall bear all liability for their use of the Tool and the consequences of such use.
- (2) In cases where the Company has suffered damage (including attorney fees) as a result of a User’s use of the Tool or the consequences of such use, such User must provide compensation for such damage immediately in response to the Company’s request.
13. Company’s Disclaimer
- (1) The Company makes no explicit or implicit guarantee that there will be no de facto or de jure deficiencies (including: flaws in regard to safety, reliability, accuracy, completeness, effectiveness, appropriateness for specific purposes, security or the like; errors or bugs; and rights infringements) in the Tool or the content (including templates and the like) and data etc. Provided on the Tool. The Company is not obligated to eliminate such defects in Providing the Tool to Users.
- (2) The Company shall bear no liability for any damage suffered by Users or third parties that is attributable to the Tool; provided, however, that this disclaimer provision will not apply in the case where an agreement between the Company and a User (including these Terms) in regard to the Tool is a consumer contract as set forth in the Consumer Contract Act.
- (3) Even in the case indicated in the proviso of the preceding paragraph, the Company shall bear no liability for any damage which was suffered by Users as a result of default or tortious acts attributable to negligence (excluding gross negligence) on the part of the Company, and which arose due to special circumstances (including cases where the Company or the relevant User(s) foresaw or could have foreseen the occurrence of such damage).
- (4) The amount of compensation for damage suffered by Users as a result of default or tortious acts attributable to negligence (excluding gross negligence) on the part of the Company shall be no more to 500 yen.
- (5) The Company shall not be held liable for any damage suffered by Users due to interruption, suspension or termination of Provision of support for the Tool by the Company, unusability or modification of the Tool, or loss or elimination of content created by Users through the Tool, or any damage otherwise suffered in connection with the Tool.
14. Suspension etc. of the Tool etc. for Maintenance, Inspections etc.
- (1) The Company will be entitled to suspend or interrupt the provision of all or a portion of the Tool for the purpose of maintenance, inspection or the like of systems etc. related to the Tool or the systems, etc. related to the Tool (“Systems”).
- (2) Notwithstanding the preceding paragraph, the Company will be entitled to suspend or interrupt the provision of all or a portion of the Tool or the Systems without advance notice to Users if any of the following items is applicable.
- (A) If maintenance, inspection or the like of systems etc. pertaining to the Tool or the Systems is carried out as an emergency measure;
- (B) If computers, communication lines or the like that are associated with the Systems have ceased functioning due to an accident;
- (C) If it has become impossible to operate the Tool or the Systems due to earthquake, lightning, fire, storm and flood damage, power outage, natural calamity or any other force majeure event; or
- (D) If the Company otherwise judges a suspension or interruption to be necessary.
- (3) The Company will bear no liability whatsoever in regard to damage suffered by Users as a result of measures carried out under the preceding two paragraphs, except where otherwise provided in the Terms.
In the case where any provision of these Terms or any part of any such provision is deemed invalid or unenforceable under the Consumer Contract Act or any other law or regulation, the remaining provisions of these Terms, and the remaining parts of any provisions deemed partially invalid or unenforceable, shall remain fully in effect.
16. Method of Communication
- (1) Communication from Users to the Company in relation to the Tool shall be carried out through the inquiry form at the following URL: https://form.run/@breakfast
- (2) The Company will use the User names, company names, email addresses and other personal information Provided via communication from Users as set forth in the preceding paragraph, and the personal information included in the content of such inquiries, internally and only to the extent necessary to respond to such inquiries; the Company will not use such information for any other purpose.
17. Governing Law and Jurisdiction
- (1) The Japanese version of these Terms shall be the official version hereof.
- (2) These Terms shall be governed by the laws of Japan.
- (3) The Tokyo District Court or Tokyo Summary Court shall be the exclusive court of first instance for all disputes in connection herewith, according to the amount of the claims.
Enacted on March 30th, 2018
Amended on March 17th, 2020
Breakfast Beta Version 0.2.77
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This application is for PC usage only. If you wish to use it, please access and download with a PC.