Viewing and download (the “User Data”) of the digital language-learning picture book app “The World of Rainbow Picture Books” (“App”), and images, documents, sounds and software (collectively, the “Content”), and use of other services (“Services”) provided by I-FREEK SMILES INC. (“I-FREEK”, “we”, “”our””, or “us”) are subject to compliance with the Terms of Service for the digital picture book app “The World of Rainbow Picture Books” (“Terms”). To use our Services, you are required to conclude a contract for using an online service through a communications network of a telecommunications operator and prepare necessary communications devices, software and other accessories for using the Services under your own responsibility and at your own expense in advance, and agree to these Terms.
Therefore, by accepting these Terms through fixed proceedings of the App or by beginning subscription to our service, you agree to be bound by these Terms.
If you are a minor, you may use our App only if you have the consent of your parent or guardian.
Article 1 (Scope of Application)
1. These Terms shall apply to use of the App, the App itself, Content data and other relevant products and services provided by I-FREEK.
2. Users may use our Content through the mediums and for a fixed period of time stipulated by I-FREEK.
Article 2 (Subscription and Fees)
1. By subscribing to the Services from the menu below, you may access all picture books with no additional charges.
Menu: One-month package 360 yen (tax included)
2. Once subscribed, your subscription will continue in effect on a recurring basis unless and until you cancel your subscription. Your subscription fee will remain the same even in the case of subscription fee change.
3. You shall pay the stipulated amount through a payment method designated by App Store for subscription of the above menu.
4. Pricing of the Services is subject to change and by accepting these Terms, you agree that the price of the Service at the time of your subscription and the revised price may be different.
Article 3 (No Return Policy)
1. Cancellation, refund and exchange of your subscription after completing the subscription proceedings are unacceptable under any circumstances due to the characteristic of digital content service which cannot be returned or exchanged.
2. You agree that you may not be able to access the Content, regardless of subscribed or downloaded, in the case where:
(1) OS was updated;
(2) Apple Inc. discontinued their sales and support service of electronic devices in which the OS works;
(3) you restored your electronic device on which the App is installed for some reason;
(4) you deleted or uninstalled the App; or
(5) you, Apple Inc.have/has caused the inaccessibility.
3. We shall assume no responsibility whatsoever for any damage suffered or incurred by you or a third party caused by inability to access our Service due to any of the cases stipulated in the preceding paragraph.
4. One day counts (will be consumed) as one subscribed day regardless of whether you used the App, and whether you deleted the App.
Article 4 (Cancellation of Subscription)
1. Your subscription will stop renewing by turning off “Automatic Renewal” 24 hours prior to the final day of your subscription period.
Please be aware that cancellation procedure might not be completed due to Apple Inc.’s operation, or slow or blocked communication due to Internet congestion or depending on your communication environment.
2. You may still use our Services until the expiration of the paid subscription period even after turning off “Automatic Renewal” in accordance with the preceding paragraph.
3. You will remain liable for all amounts and costs incurred in connection with your subscription regardless of cancellation.
Article 5 (Copyrights)
You agree that I-FREEK or original author owns and retains all rights to the Services (including the rights stipulated in Article 27 and 28 of the Copyright Act; the same shall apply hereinafter) and the Services are available for personal, non-commercial purposes only as the Content of the App. You may not either reproduce, redistribute, or upload on your personal website etc. unless authorized by I-FREEK. Such conduct or violation of the Copyright Act is subject to criminal penalty.
Article 6 (Prohibitions)
You agree that you, either directly or through a third party, will not use the Services in a way that:
(1) uses technology or other means to duplicate, publish, disclose, transmit, publicize, modify, or utilize the Services in any form beyond the scope of personal enjoyment stipulated in the Copyright Act (the App and the Content are available only for personal, non-commercial purposes);
(2) violates or may violate the intellectual property rights of I-FREEK or others with legitimate rights, including copyrights and trademarks;
(3) introduces viruses or any other harmful programs by illegally accessing any of our telecommunications equipment, computer, or software or hardware, or interrupts, destroys, or limits or may interrupt, destroy, or limit their functionality or operation;
(4) is or may be associated with the activities of antisocial forces; or
(5) violates the law or administrative guidance, interferes with the operation of the Services, defames I-FREEK, infringes our properties, or brings disadvantage to I-FREEK, in addition to each item above.
Article 7 (Disclaimer)
1. You agree that use of the Services is at your own risk. We shall assume no responsibility whatsoever for any damage suffered or incurred by using the Services and we shall not be held liable to compensate for such damage.
2. We shall deem that you have accepted these Terms in the case where users other than you downloaded the App or used the Service through your device. We shall assume no responsibility whatsoever for any damage suffered or incurred in such case.
3. You shall be solely liable for any damage to any third party associated with the use of our Services and I-FREEK assumes no responsibility.
4. I-FREEK may seek compensation (the amount I-FREEK was obliged by other users or third parties to compensate) from you for any claims from other users or third parties arising out of or related to your purchase due to infringement of rights etc.
5. I-FREEK may seek compensation from you for any loss or damage (including reasonable attorney’s fees and costs) arising out of or in any way related to your breach or alleged breach of these Terms.
6. I-FREEK does not guarantee the completeness, accuracy, etc. of the information provided. We shall not be held liable for any damage or loss you suffered or incurred in this regard.
7. Services purchased by a minor shall be deemed as a purchase made with the consent of his/her parent or guardian, including consent to these Terms on his/her behalf.
8. I-FREEK makes no warranties that the Service and its Content do not infringe third parties’ intellectual properties and other rights.
9. I-FREEK shall not be held liable for any damage or loss suffered or incurred by delays or unavailability of the Services arising from poor connection, accidents concerning communication lines, power failure, natural disaster, or any other force majeure.
10. I-FREEK shall bear liability for your damages or losses due to grounds attributable to it within 6 months of the time when the grounds of the damages or losses occurred up to a limit of the total Content fees actually received.
11. In the case where I-FREEK has assigned the business regarding the Services to a third party, I-FREEK may, as part of such assignment, assign to such third party its status under these Terms, its rights and obligations under these Terms, and the registered information and other information relating to the registered users, and you hereby agree to such assignment in advance. The business assignment referred to above shall include, in addition to the usual form of business assignment, a split of I-FREEK that would result in a business transfer.
12. I-FREEK shall neither be responsible nor obliged to compensate for any damage or loss suffered or incurred by the loss of user data due to system troubles etc.
Article 8 (Discontinuation of Download)
1. Download of Content from our store is subject to discontinuation and suspension due to unavoidable grounds, including termination of a contract between us and a licensor and changes in the contract terms which no longer give us the license to use the Content. You hereby accept and agree in advance that subscribed Content may no longer be available for download regardless of the download guarantee period and you shall not be able to hold us liable for the inconvenience.
2. We may immediately discontinue our downloading service upon the emergence of licensing problems, legal problems, possibility of bringing damage to a third party, obligation to prevent escalation of the damage, or other relevant grounds. In such case, we are responsible for providing all users with the details.
Article 9 (Modification/Suspension/Discontinuation of the App and the Services)
1. We may, in its sole discretion, modify, suspend, or discontinue the App or the Services and replace or remove the Content, with respect to any or all users, at any time without prior notice due to unavoidable grounds including natural disasters. I-FREEK is not liable or responsible in any way for any damages, losses, or costs incurred in connection with such modification, suspension, discontinuation, replacement and removal.
2. I-FREEK reserves the right to temporarily suspend the Services for periodic maintenance of the Service facilities etc. with prior notification to all users.
3. I-FREEK may immediately discontinue, temporarily or permanently, some or all of the Services, with respect to any or all users, at any time without prior notice in the event of your violation of these Terms or in the case where you fall under any of the items stipulated in Article 6.
Article 10 (No Assignment)
You may not transfer or assign any of your rights or obligations to the use of the Services to a third party.
Article 11 (Trademarks)
Rights to any trademarks, titles and logos used in the Services belong to I-FREE or its licensors. None of these may be used without our express agreement.
Article 12 (Personal Information)
2. Your email address obtained voluntarily will be used for the sole purpose of informing you about our campaigns, questionnaires and responses to your inquiries.”
Article 13 (Protection of Your Children’s Personal Information)
Our Services are designed for infants and children under 13 years of age and we assume that such users are provided with the consent of their parent or guardian to use our Services.
(1) We will not demand or collect your personal information, including name, address and credit card number, and will neither transfer nor sell them to a third party.
(2) We will not obtain or use images, contact information and data of your other applications saved in your device, and will neither transfer nor sell them to a third party.
(3) We will use the obtained information for the purpose of understanding and improving the current usage status of our Services and only to the extent that one would not be able to identify you. Data subject to our reference include: Universally Unique Identifier (UUID), Identification For Advertisers (IDFA), IP address, website identification information which keep users anonymous, Cookies, manufacturer, model, main software (such as system operating your smartphone or computer), OS version and your usage time.
(4) Our App and Services provide links or pointers to external websites or destinations. They are either our websites or authorized third-party apps or websites.
(5) Third-party advertisement companies we are partnered with or plan to partner with are as follows:
(8) You may choose to opt out of collection of manufacturer or distributor Identification For Advertisers (IDFA) by I-FREEK and third-party advertisement companies through I-FREEK. If you wish to limit collection of such data, you can use your OS’ settings to opt out.
Article 14 (Changes to These Terms)
1. If we make a material change, including addition, deletion and modification of information, to these Terms, we will notify you by posting a notice on the App governed by these Terms.
2. Any material change to these Terms will be effective immediately after the revised Terms are first posted on the App designated by I-FREEK.
3. By accessing or using any of the Services after the announcement of the revised Terms, you accept and agree to any material change to these Terms.”
Article 15 (Exclusive Jurisdiction)
Any dispute arising out of or in connection with these Terms between I-FREEK and its users shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.”
“Article 16 (Governing Law)
Terms shall be governed by and construed in accordance with the laws of Japan.”