Black Cat Carnival

These Terms of Service for Black Cat Carnival (hereinafter referred to as "these Terms") set forth the terms and conditions for the use of the live streaming application service "Black Cat Carnival" (hereinafter referred to as "the Service") provided by Black Cat Carnival Corporation (hereinafter referred to as "the Company").

Chapter 1: General Provisions

Article 1.1 (Definitions)

In these Terms, the following terms shall have the meanings set forth below:

"App" refers to the application provided in the Service.
"Content" refers to text, voice, music, images, videos, software, programs, code, and other information.
"Service Content" refers to content that can be accessed through the Service.
"Posted Content" refers to content that users post, send, or upload to the App.
"Account" refers to the character string or other identifier determined by the user and issued by the Company at the time of Black Cat Carnival membership registration to identify the user, including "User ID (email address)" and "Password".
"Boost Points" refer to special points that are awarded free of charge for specific actions such as login bonuses, comments, replies, etc.
"Room" refers to a feature where users can create a space where the creator can write text and others can send replies to it.
"Individual Terms" refer to documents distributed or posted by the Company separately from these Terms under names such as "Terms", "Guidelines", "Policies", etc., related to the Service.
"Usage Agreement" refers to the agreement between the Company and the user based on these Terms.

Article 1.2 (These Terms)

Users need to agree to these Terms when using the Service (including downloading the application).
The Company may establish Individual Terms regarding the use of the Service in addition to these Terms. In such cases, the Individual Terms shall constitute part of these Terms. In the event of any inconsistency between the content of these Terms and the Individual Terms, the content of the Individual Terms shall generally take precedence.
Users shall be deemed to have agreed to these Terms when they use the Service.

Article 1.3 (Use by Minors)

The Service is intended for users aged 13 and above. Users under the age of 13 are not permitted to use the Service.
If a user is a minor aged 13 or above but under 18, the user must obtain consent from their legal representative (such as a parent or guardian) in advance for the use of the Service (including agreement to these Terms). If a user uses the Service without obtaining such consent, the Company may suspend the user's use of the Service.
If a user who was a minor at the time of agreeing to these Terms continues to use the Service after reaching the age of majority, they shall be deemed to have ratified their use of the Service during their minority.
The Company may restrict the use of all or part of the Service based on the user's age.
The Company reserves the right to immediately delete the account and suspend the use of the Service if it is discovered that a user is under 13 years old.

Chapter 2: Black Cat Carnival Membership Registration, Account Management

Article 2.1 (Account)

Users may register for Black Cat Carnival membership when using the Service. Users shall follow the procedures specified by the Company when registering for Black Cat Carnival membership.
Users must provide true, accurate, and complete information in their Black Cat Carnival membership registration and must update it to always reflect the latest information if there are any changes.
The Company will issue an account to users who have completed Black Cat Carnival membership registration at the Company's discretion.
The Company may refuse to issue an account at its discretion in any of the following cases:
1. Those who applied for Black Cat Carnival membership registration without following the procedures in this article
2. Those under 13 years old
3. Those who belong to anti-social forces
4. Those who are deemed to have violated a contract with the Company in the past or are related to such individuals
5. Others whom the Company deems inappropriate
Users shall strictly manage their accounts at their own responsibility to prevent unauthorized use.
The account for the Service belongs exclusively to the user. All rights and obligations of the user in the Service cannot be transferred, lent, exchanged, sold, converted, pledged, or inherited to a third party. Furthermore, users must not allow third parties to use their account by any means.
If users become aware that a third party is using their account, or if they recognize the possibility of such use, they must immediately notify the Company and follow any instructions from the Company.
The Company may consider all actions taken under a user's account as actions taken by the user themselves. The Company shall not be liable for any damages suffered by users due to the use of their account, except in cases of intentional misconduct or gross negligence by the Company.
The Company may delete accounts that have been inactive for 6 months from the last access without prior notice to the user.
All usage rights of users in the Service will expire when their account is deleted for any reason.

Article 2.2 (Account Deletion and Withdrawal)

Users can request to withdraw from the Service at any time through the procedure specified by the Company.
After the withdrawal procedure is completed, users can request to reactivate their account for a certain period (30 days after the completion of the withdrawal procedure). During this period, users cannot log in to the Service, but their account information is retained.
After the certain period mentioned in the previous paragraph has elapsed, the account will be completely deleted and cannot be reactivated.
Even after the completion of the withdrawal procedure and account deletion, content posted by the user in other users' rooms will not be deleted. These posted contents will continue to be displayed within the Service and remain accessible to other users.
Content that the user had in their own room at the time of withdrawal will be deleted along with the complete deletion of the account. However, in case of account reactivation, these contents will also be restored.
The Company may retain and use information provided by users during their use of the Service even after they withdraw, in accordance with these Terms and the Privacy Policy.
If users wish to use the Service again after their account has been completely deleted, they need to create a new account. In this case, it is not possible to restore the previous account, username, posted content, etc.
The Company reserves the right to immediately delete the account of users who violate these Terms without prior notice. In this case, the account cannot be reactivated.

Chapter 3: Use of the Service

Article 3.1 (Use of the Service)

The Company may provide all or part of the Service only to users who meet conditions deemed necessary by the Company, such as having an account, age, identity verification, and other conditions.

Article 3.2 (Boost Points)

Boost Points are awarded to users free of charge for login bonuses, posting comments or replies, and other actions specified by the Company. The conditions for awarding Boost Points, usage period, and other usage conditions are determined by the Company and displayed in the App.
Boost Points cannot be exchanged for cash, property, or other economic benefits other than services or content specified by the Company. The number of points required for exchange with services or content and other conditions for using points are determined by the Company and displayed in the App.
In-app points and Boost Points can only be used with the account that was used to acquire the points and cannot be transferred or moved to other accounts.
Boost Points may be deleted due to expiration, limits, or malfunctions.
The Company shall not be obligated to compensate, return, exchange, or convert Boost Points into cash, except as required by law.

Article 3.3 (User's Self-Responsibility)

Users shall prepare necessary smartphones, tablets, personal computers, mobile phones, communication devices, operating systems, and other equipment and services required for using the Service at their own expense and responsibility.
Users shall use the Service at their own responsibility and shall be fully responsible for all actions taken in the Service and their consequences.

Chapter 4: Attribution of Rights, etc.

Article 4.1 (Attribution of Rights, etc.)

All intellectual property rights, including copyrights and other rights related to the App and Service Content, belong to the Company or third parties who have licensed rights to the Company.
The Company grants users a non-transferable, non-sublicensable, and non-exclusive right to use the App and Service Content for the sole purpose of using the Service. Users shall not use (including reproduction, transmission, reposting, modification, etc.) the App and Service Content beyond the usage manner specified in these Terms and the Service.
When users use Service Content for which separate usage conditions such as usage fees or usage periods are specified in the Service, they shall comply with such usage conditions. Even if "purchase", "sale", or similar terms are displayed on the Service screen, ownership rights, copyrights, trademark rights, or other intellectual property rights related to the Service Content provided by the Company to users are not transferred to users, and only the right of use mentioned in the previous paragraph is granted to users.
Company names, product names, service names, and other names (hereinafter collectively referred to as "Trademarks, etc.") displayed on the Service include names for which the Company or third parties have trademark rights or other usage rights. Users may not use names for which the Company has trademark rights or other usage rights without the prior written consent of the Company, except as permitted in the brand guidelines separately specified by the Company.
Users shall not apply for registration, transfer application, or exercise of intellectual property rights related to the App and Service Content.
The Service may include links to third-party websites not owned or managed by the Company, but the Company does not control the content, handling of personal information, or anything else on third-party websites. The Company shall not be liable for any damages incurred by users due to the use of third-party websites.

Article 4.2 (Posted Content)

Users can post Posted Content in the App.
The Company shall not be obligated to maintain the confidentiality of users' Posted Content or to back up Posted Content.
Users shall be solely responsible for the consequences of posting or publishing Posted Content. Users warrant that they have the necessary licenses, rights, consents, and permissions to post or publish Posted Content.
When posting or publishing Posted Content in the App, users grant the Company a non-exclusive right to use, reproduce, adapt, publicly transmit, or otherwise utilize the Posted Content to the extent necessary for providing, improving, or advertising the Service.
The App may include features that allow multiple users to edit, including posting, modifying, and deleting. In this case, users agree to allow other users to edit their Posted Content.
If the Company determines that users violate or are likely to violate laws or these Terms regarding Posted Content, or if there is any other operational necessity, the Company may restrict the use of Posted Content in the App by methods such as deleting Posted Content without prior notice to users.

Chapter 5: Prohibited Acts

Article 5.1 (Prohibited Acts)

Users shall not engage in the following acts or acts that may fall under the following categories when using the Service:

Acts that violate laws, court judgments, decisions or orders, or legally binding administrative measures
Acts that harm public order or morals
Acts that infringe upon copyrights, trademark rights, patent rights, or other intellectual property rights, reputation rights, privacy rights, or other legal or contractual rights of the Company or third parties
Acts of posting or sending expressions that are excessively violent, explicitly sexual, discriminatory based on race, nationality, creed, gender, social status, family origin, etc., expressions that induce or encourage suicide, self-harm, drug abuse, expressions that may harm public health by spreading incorrect medical information, or other antisocial content that may offend others
Acts of impersonating the Company or third parties, or intentionally spreading false information
Acts of sending the same or similar messages to an unspecified large number of users (except those approved by the Company), or other acts that the Company determines to be spam
Acts of exchanging usage rights of Service Content for cash, property, or other economic benefits by methods other than those specified by the Company
Acts for business, advertising, promotion, solicitation, or other profit-making purposes in other users' rooms (except those approved by the Company), excessively creating rooms for business, advertising, promotion, solicitation, or other profit-making purposes (except those approved by the Company), acts for the purpose of sexual acts or obscene acts, acts for the purpose of meeting or dating strangers of the opposite sex or mediating such meetings, acts for the purpose of harassing or defaming other users, or other acts of using the Service for purposes different from the intended use of the Service
Acts of repeatedly making a large number of posts, comments, messages, etc. in a short period of time, posting meaningless text, meaningless character strings, or content unrelated to the context, or other acts that interfere with the normal operation of the Service or obstruct other users' use
Acts of stalking others
Acts of providing benefits to or otherwise cooperating with anti-social forces
Acts of religious activities or solicitation for religious organizations
Acts of illegally collecting, disclosing, or providing personal information, registration information, usage history information, etc. of others
Acts that disrupt the Service's servers or network systems, acts that improperly manipulate the Service using technical means such as BOTs, cheat tools, etc., acts that intentionally exploit vulnerabilities in the Service, acts of accessing the Service using communication terminals that have been modified such as jailbreaking, acts of making unreasonable inquiries or demands to the Company such as repeatedly asking the same questions unnecessarily, or other acts that interfere with or disrupt the Company's operation of the Service or other users' use of the Service
Acts of excessively installing the App on multiple communication devices or otherwise excessively obtaining multiple accounts
Acts of allowing third parties to use or dispose of accounts, Boost Points, and all other app data by lending, exchanging, transferring, changing names, buying and selling, pledging, providing as collateral, or any other method
Acts of communication interference, communication interception, intrusion into servers operating the Service, or information theft
Acts of sending or writing computer viruses or other malicious information
Acts of developing, distributing, or using cheat tools, pirated versions of the App, or other programs aimed at unauthorized use of the Service
Acts of extracting data from the Service by any means and using it for AI learning, etc.
Acts of deleting, altering (including data tampering), modifying, adapting, creating derivative works, decompiling, disassembling, or reverse engineering the App, or any acts that induce or encourage third parties to perform such acts
Acts of redistributing or lending all or part of the App (including copies), and acts of reselling or reselling the App
Acts that the Company notifies users are prohibited acts or publishes on the App as prohibited acts
Acts of assisting or encouraging any of the above acts
Other acts that the Company deems inappropriate
Other acts that the platform provider providing the application deems inappropriate

Chapter 6: Suspension, Change, Discontinuation, etc. of the Service

Article 6.1 (Change, Suspension of the Service)

The Company may change or add to all or part of the content of the Service without prior notice to users.
The Company may temporarily suspend the provision of the Service if any of the following events occur. In this case, the Company shall notify users in advance, except in cases of emergency or unavoidable circumstances.
1. When regular or emergency maintenance or repair of communication equipment facilities, etc. is required
2. When the system is overloaded due to excessive access or other unforeseen factors
3. When it becomes necessary to secure the Company's security
4. When the provision of the Service becomes impossible due to laws or measures based on them
5. When other events equivalent to the preceding items occur and the Company deems it necessary
The Company shall not be liable for any damages incurred by users due to changes in the content of the Service or suspension of the Service under the preceding two paragraphs.

Article 6.2 (Discontinuation of the Service)

The Company may discontinue all or part of the Service. In such cases, the Company shall notify users with a notice period of one month.

Chapter 7: Handling of Personal Information

Article 7.1 (Personal Information and Its Handling)

The Company may acquire personal information (personal information as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information) and certain other information related to users (hereinafter referred to as "Personal Information, etc.") when users use the Service.
The Company shall handle Personal Information, etc. acquired from users in accordance with the Company's Privacy Policy.

Chapter 8: Account Suspension, etc.

Article 8.1 (Account Suspension, etc.)

If the Company determines that a user is using the Service in violation of these Terms, the Company may take the following measures without prior notice to the user. However, the Company is not obligated to prevent or correct such violations.

Suspension or deletion of all or part of Posted Content
Suspension or cancellation of usage rights for Service Content
Suspension or deletion of accounts
Suspension of use of all or part of the Service
Termination of all or part of the Usage Agreement
Other measures deemed necessary and appropriate by the Company

Chapter 9: Damages, Exemption from Liability

Article 9.1 (Indemnification by Users)

If users cause damage to other users or disputes arise with third parties in connection with the use of the Service, users shall compensate for such damages or resolve such disputes at their own expense and responsibility, and shall not cause any inconvenience or damage to the Company.
If users cause damage to the Company in connection with the use of the Service, users shall compensate the Company for all damages (including litigation costs and attorney fees).
If a third party makes a claim for damages or other claims against the Company in connection with a user's use of the Service, the user shall resolve this at their own expense and responsibility. If the Company pays damages to such third party, the user shall pay the Company all costs (including attorney fees and lost profits) including such damages.

Article 9.2 (Exemption from Liability and Limitation of Liability of the Company)

The Company does not expressly or implicitly warrant that the Service (including Service Content) is free from defects in fact or law (including defects related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors and bugs, infringement of third party rights, etc.). The Company is not obligated to provide the Service to users free from such defects.
The Company shall not be liable for special damages (including foreseeable damages), lost profits, indirect damages, incidental damages, consequential damages, and punitive damages, regardless of the cause of claim, whether it be breach of contract, statutory warranty liability, unjust enrichment, tort, or otherwise. However, this does not apply in cases of intentional misconduct or gross negligence by the Company.
Regardless of the cause of claim, whether it be breach of contract, statutory warranty liability, unjust enrichment, tort, or otherwise, the cumulative total amount of damages that the Company shall be liable to pay to users shall be limited to 1,500 yen. However, this does not apply in cases of intentional misconduct or gross negligence by the Company.

Chapter 10: General Provisions

Article 10.1 (Force Majeure, etc.)

The Company shall not be liable for any delay in performance or inability to perform its obligations under these Terms due to any of the following circumstances:

Natural disasters, fires, and explosions
Epidemics
Wars and civil wars
Revolutions and national divisions
Orders and dispositions by public authorities
Riots
Strikes or lockouts
Other circumstances equivalent to the preceding items

Article 10.2 (Method of Communication)

Communication from the Company to users regarding the Service shall be made by posting in appropriate places within the App or on websites operated by the Company, or by other methods deemed appropriate by the Company.
Communication from users to the Company regarding the Service shall be made by sending through the inquiry form set up in appropriate places within the App or on websites operated by the Company, or by other methods specified by the Company.

Article 10.3 (Transfer of Rights and Obligations, etc.)

Users shall not transfer, move, provide as security, or otherwise dispose of their position under the Usage Agreement or their rights or obligations under these Terms to any third party without the prior written consent of the Company.

Article 10.4 (Changes to the Terms)

The Company may change these Terms and Individual Terms when the Company deems it necessary. The changed Terms and Individual Terms shall be posted in appropriate places within the App or on websites operated by the Company and shall take effect 7 days after posting. Users shall be deemed to have agreed to the changed Terms by continuing to use the Service after the changed Terms take effect. We are unable to notify users individually of the content of such changes, so please refer to the latest Terms each time you use the Service.

Article 10.5 (Governing Law, Jurisdiction)

These Terms shall be governed by and construed in accordance with the laws of Japan. The Japanese version shall be the authoritative version.
The Tokyo District Court or Tokyo Summary Court shall have exclusive jurisdiction in the first instance over any disputes arising out of or in connection with the Service or the Usage Agreement between users and the Company.

End

Note: This is a translation and the Japanese version takes precedence.