Terms

KALMA Terms of Service (hereinafter referred to as "(the) Terms") apply to all products and services related to KALMA (hereinafter referred to as "(the) Service") provided by Splout Co., Ltd. (hereinafter referred to as "(the) Company"). Users of this service (hereinafter referred to as "User(s)") must agree to these terms and conditions to use the Service.


Article 1 Application
These Terms shall apply to all relationships relating to the use of the Service between the User and Company.


Article 2 Definitions
The meaning of certain words used in these Terms shall be defined as follows.
"Content" refers to any text, images, video, sound, music, software, program, code, or other item of data.
"This Content" shall refer to any Content which can accessed through the use of this Service.
"Posted Content" refers to Content posted, sent or uploaded to the Service by the User.


Article 3 Scope of Terms
- These Terms and other terms of service within this service, stipulate the conditions of use for this Service. Such other terms of service, regardless of their name, constitute a part of this agreement.
- In the event of any inconsistency in the provisions of these Terms and other terms of service, those other terms of service shall prevail.


Article 4 Changes to these Terms
- This agreement may be changed for any reason at any time at the Company's discretion.
- The modified terms and conditions shall be in force from the time they appear on the Service, unless otherwise specified by the Company.
- In the event that the User uses this Service after a change of these Terms takes effect, it shall be deemed that they have agreed with all the changed terms and conditions.


Article 5 Handling of Personal Information
All personal information shall be handled in accordance with the Company's "Privacy Policy".


Article 6 Confidentiality of Communications
- The Company will keep User communication confidential.
- In the cases listed below, the Company shall not be subject to confidentiality obligation made under the preceding paragraph within the scope specified in each of the following items.
（1）In cases where the Company receives a judgment or order from a court, ordering disclosure based on laws and regulations or from a public institution such as receiving an official inquiry by law enforcement based on the laws and ordinances prescribing the investigation authority.
（2）In cases where the User violates the guidelines, Terms, or laws relating to this Company's or associated companies' service(s); when it is deemed necessary in order to protect a third party's or this Company's rights, finances or services; or in circumstances when it is difficult to obtain consent of the User in question.
（3）If there is imminent danger to human life, body, property, etc., there is an urgent necessity and it is difficult to obtain consent of the User in question.
（4）Other cases permitted under the Personal Information Protection Act


Article 7 Disclaimers for Registration and Application for Registration
- People who would like to use the Service, must do so upon agreeing to these Terms, and in a method permitted by the Company.
- The Company may, for any of the following cases may, at its own judgment, and without any obligation to disclose the reason, reject any person who has applied to register (hereinafter referred to as "Applicant(s)")
（1）The Applicant has been the subject of a ban, or is currently or previously had had their application to register rejected.
（2）Any other reason(s) determined as inappropriate by the Company.


Article 8 Withdrawal
- Users who would like to withdraw from the Service, must do so in a method permitted by the Company
- In the cases listed below, the Company shall retain the right to ban Users from use of this Service, at it's own discretion.
（1）When the User violates these Terms or other terms of service.
（2）When the Company determines anything innapropriate by the User.


Article 9 Handling of Email Addresses, IDs and Passwords
- Users are required to register using an email address under their control, and when the User loses control of the email address, they must change their email address to another one under their control.
- Users shall work to prevent any malicious use of their registered email address, ID and password, and shall be entirely responsible for their management.
The Company shall not be held responsible for any damage incurred from third parties using a User's registered email address, password or ID.


Article 10 Account Ownership
- Users need to be at least 20 years old.
- Each User may only have one single account. However ownership of multiple accounts shall be permitted, if it is deemed reasonable for a single User to create multiple accounts in order to create a distinction between products or names, or if it is necessary due to the nature of the Service, so long as no other Terms are violated.
- Users are not permitted, under any circumstance, to transfer their accounts to third parties.


Article 11 Consolidation of Operating Environment
- It is the sole responsibility of Users to maintain any and all hardware or software etc. required to use this Service.
- Users are responsible for implementing measures to prevent viruses infecting their computer systems, and malicious access and data breaches.
- The Company is in no way concerned with the User's operating environment, nor shall it be held liable for it in any way.


Article 12 User Liability
- Users use this Service at their own risk, and shall be entirely responsible for any actions and consequences incurred during the use of this Service.
- Any liability related to content posted by Users to this Service, shall belong entirely to the User. This Company shall not be hold any responsibility for the legality, accuracy, trustability, fitness for purpose or non-invasiveness of any content posted to this Service by Users.
- Users guarantee that all content they upload through the Service, does not violate the rights of any third party. If the User and a third party enter into a dispute relating to a violation of the third party's rights, it will be the User's responsibility and at the User's expense to come to a resolution, and in no way may damage be made against the Company.


Article 13 Intellectual Property Rights etc.
- Users are only permitted to post or edit content on this Service which they own the copyright, or other necessary intellectual rights to; or have received the required permission from the rights' holder(s).
- As for the copyright of content uploaded to this Service by Users, the copyright shall remain the property of the User or previous copyright holder. However, Users agree that any content posted publicly on this Service, may be used (including but not limited to uses such as copying, reproduction, modification, publication, commercial use and granting third parties such rights to use) without compensation, regardless of medium or method of distribution by the Company. Users may not invoke moral rights in regards to such uses. This permission granted is eternal and irrevocable.
- Besides those rights stipulated in the prior paragraph, the copyright and other intellectual rights relating to all data from or relating to this Service shall be the property of the Company or to the rights holder that permitted that use to the Company. Users are not permitted to copy, transfer, lend, translate, modify, reproduce, publicly broadcast (including making such things publicly broadcastable), transmit, distribute, publish or use commercially, any such content.
- Posted Content may be made publicly available to other Users of the Service.
- Any reproduction, amendment, creation of derivative works, distribution, sale, transfer, publication, performance, transmission or other use of posted content, must be done so in a way stipulated and permitted by the Company.


Article 14 Prohibited Conduct
Users may not, in the use of this Service, commit any of the following items. In the event that any violation occurs, the Company retains the right to take detrimental measures to ban or suspend the User, to delete posted Content in whole or in part, and to amend the public availability of the Content.
（1）Any conduct which violates or threatens to violate the Company's or any third party's copyright, design rights or other intellectual property right.
（2）Reproduction of This Content in a matter not permitted by the Company.
（3）Any conduct which violates or threatens to violate the Company's or any third party's finances, privacy or image rights.
（4）Any conduct which unjustly discriminates or libels against the Company or any third party, foments unjust discrimination or defamation against a third party; or threatens to do so.
（5）Identity fraud.
（6）Any conduct tied to fraudulent or criminal behavior, or may be so.
（7）Any of the following forms of conduct in relation to image and other such data that violates laws, ordinances, or other standards set by the Company, such as that related to child pornography, child abuse or similar indecency.
1. Posting or displaying such data.
2. Sale of media containing such data.
3. Posting or displaying advertisements which are reminiscent of sending, displaying or selling media containing such data.
（8）Encouraging, inducing or glamorizing suicide, self-mutilation, drug-abuse; or potentially doing so.
（9）Posting any content containing the following content.
1. Data which defames posted content.
2. Data which reveals names, addresses, workplaces, phone numbers (or makes it possible to reveal such personal information in conjunction with other pieces of posted content)
3. Data including falsehoods or content in which it is difficult to verify.
4. Other data determined by the Company to be inappropriate.
（10）Impersonating an employee, or otherwise obstructing or threatening to obstruct the operation of the Service.
（11）Content designed to be a commercial advertisement, or other promotion (except for that which the Company has explicitly allowed), content including or promoting affiliate links, pyramid schemes, chain mail, multilevel marketing, pay-to-read-email, adult and one-click fraud sites, sites which aim to disseminate viruses or harmful computer programs, or other sites which the Company determines as promoting inappropriate content (including posting links), and other content which the Company determines as inappropriate.
（12）Posting content which includes excessive violence, crude sexual expressions, depictions which will lead to discrimination based on race, nationality, religion, sex, social standing, caste etc., promotes suicide, self-mutilation or drug-abuse, and other anti-social content.
（13）Soliciting to religious activities or religious groups.
（14）Conduct which goes outside the normal use of this Service, and will incur undue stress on the servers, inteferes with the operation of the Service, networks or systems, or threatens to do so.
（15）Overwriting or deleting data stored by the Company.
（16）Posting or sending viruses or harmful computer programs etc.
（17）Conduct related to illegal activity.
（18）Conduct which the Company determines violates the law, public morality, these Terms or other terms of service, or violates others' rights.
（19）Other content which the Company determines to be inappropriate.


Article 15 Changes to the Service
The Company retains the right to add to, change, suspend or terminate this Service at any time for any reason without prior notice. The Company will not be liable for any damage caused by any such changes of the Service. This is true also for any slowdown in display speed or interferences to the Service, due to excessive access or any other unexpected cause.


Article 16 Interruption of the Provision This Service
- The Company retains the right to suspend or interrupt the service without prior notice to Users, if it determines that any of the following events have occurred.
（1）When performing maintenance, inspection, or updating of any computer system related to this service
（2）When it becomes difficult to provide this service due to force majeure such as earthquake, lightning strike, fire, blackout or natural disaster
（3）When computer or communication lines etc. are shut down due to an accident.
（4）When the Company determines that it is difficult to provide the Service.
- The Company shall not be held liable for any disadvantage or damage suffered by the User or any third party due to suspension or interruption of the provision of this service, regardless of the reason.


Article 17 Usage Fee
- Registration and use of the Service is free.
- If the user receives payment, we (and our payment partners) collect fees. Our partners' fees may vary slightly based on your location. Each payment provider is its own company, and the company isn’t responsible for its performance. The User is responsible for paying any additional fees or taxes associated with your use.


Article 18 Cooperation with External Services.
- The Company can cooperate by mutually linking this service with external services etc.
- The User acknowledges that the external service and the Service are different services, and may use said external service only after agreeing with the terms and conditions of the external service, if any, separately from this agreement, and in accordance with the method specified by the external service.
- The Company shall not be held liable for the use of external service by the User and any information the User receives from external service.


Article 19 Disclaimer
- The Company shall not be involved in communication between users. In the event of a conflict between Users, the Users shall aim to come to a resolution among themselves, and the Company shall not be held responsible at all.
- The Company holds no obligations in regards to managing or saving posted content. Users are entirely responsible for managing and saving the content that they have created.
- The Company retains the right to view, save or disclose content to third parties (hereinafter collectively referred to as "View(ing)") in any of the following cases. The Company holds no liability for any damages incurred by Users due to this Viewing.
（1）When the Company sends an e-mail requesting consent of Viewing etc. to the registered e-mail address of the user who posted content, and any of the following events occurs.
1. The User grants consent.
2. If, an email response to the email requesting consent has not reached the Company's email server within 7 days of it being sent. This excludes cases where there is an urgency.
（2）In cases where it is necessary to clarify the cause of technical defects of this service and resolve it.
（3）In case of receiving a formal inquiry based on laws and regulations from a court, or a public authority such as the police.
（4）When the Company determines that conduct that violate these Terms, other terms of use, etc., may have occurred, and it is necessary to confirm the content of the Content.
（5）In the event that the Company determines that there is imminent danger to human life, body and property, etc. and there is an urgent necessity.
（6）Other cases where it has been determined necessary as appropriate for the operation of the Service.



Article 20 Authority to Delete
The Company retains the right to take measures to delete Content in whole or in part, and to amend the public availability of the Content, regardless of its legality or any violation of the Terms, in any of the following cases.

- Content is posted which the Company determines to be obscene.
- A public institution or specialist (including but not limited to national or local governments, and trusted confirmed organizations designated by guidelines of the Japanese Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders, internet hotlines and lawyers) identifies or expresses an opinion that the Content violates the law, public morality or another person's rights.
- When a third party makes a claim of rights to the Content.
- The Company determines that the Content violates a third party's copyright.


Article 21 Effectiveness of these Terms and other Terms of Service
- Even in the event that part of the provisions these Terms or other terms of service are determined to be invalid based on laws, all other provisions in these Terms and other terms of service will remain valid and in effect.
- Even in the event that due to a relationship with a User, a part of the provisions of the Terms etc becomes invalid, or is canceled, the Terms will remain valid and in effect in relation to other Users.


Article 22 Handling of Violations
- In the event that the User is found to have violated these Terms or other terms of service, etc., or if the Company determines it to be necessary, the Company reserves the right take the following measures.
（1）Delete or amend Content.
（2）Partial deletion of, changing of the publicity of, or restricting views to Content.
（3）Banning.
（4）Not accept registration.
- Users may not raise objections to any of the previous measures.


Article 23 Governing Law and Jurisdictional Court
- The law governing these Terms shall be Japanese law.
- In the event of any dispute in regards to this Service, the court having jurisdiction over the head office of the Company shall have exclusive jurisdiction.


Supplementary Provisions
- These Terms will come into force on April 1, 2021.
- These Terms also apply to acts performed by Users prior to the enforcement of these Terms.