# Terms of service
These Terms and Conditions apply to the use of "Tonamel" (referred to as "Tonamel") planned and operated by Kayac Corporation (referred to as "the Company") (referred to as "these Terms"). Is defined. By using Tonamel, you must agree to these terms.
By registering or using Tonamel, you are deemed to have agreed to all of the terms and conditions.
## Article 1: Terms and conditions
- The terms and conditions are related by these Terms and other rules (referred to as “rules”) determined by the Company. These Terms apply to all use of Tonamel by users. Regulations and notices specified by the user who organizes a tournament using Tonamel (referred to as "Organizer") for each tournament are not included in this agreement.
- If the provisions of this agreement and rules are different, the provisions of rules, will be applied with priority or otherwise specified by us.
- Users shall use Tonamel in line with the Terms. If the user does not agree to these terms, the use of Tonamel shall be immediately terminated.
## Article 2: About Underage
- If you are an underage, you shall obtain the consent of a parent or guardian for any use of Tonamel.
- If you are an underage, you must obtain the permission of a parent or guardian separately before receiving any prizes, prizes, etc. (hereinafter referred to as “prize money”).
- If the user is an underage, the use of Tonamel with the permission of the preceding two paragraphs, unauthorized use of age, etc. cannot be revoked.
## Article 3: User registration
- We may set a text/word to identify each user who uses Tonamel.
- In order to use Tonamel, users may be required to register their account information, e-mail address, password, etc., or to request an ID and password by a third party managed by the Company.
- If we determine that the information registered in Tonamel ("Registration Information") is placed under any of the following, we will not approve the registration by the user, delete the registration, or noted it as unappropriate. Judgment decision may be taken.
- When the registered information contains expressions that are against public order and morals, such as giving a negative to a other parties.
- If the registration is from a person who has violated these Terms
- In the case of registration by invitation from a person who has violated these Terms
- If the purpose is to misleading information to other parties.
- When company restricted the user by our judgment
- When we decide it to be inappropriate approach/use other than the above items
- Users shall promptly notify us of any changes to the registration information in the good manner bringing by the Company.
- If a third party suffers disadvantage or damage due to the absence of the notification in the above paragraph, the user shall payback for the damage.
## Article 4: Registration Information
- Users shall register and manage registered information at their own responsibility.
- We will not responsible for any disadvantages or damages from you because you have forgotten, deleted, incorrect or falsely registered information.
- The user cannot use the registered information to a third party, lend, transfer, buy, sell, pledge, or disclose the information without our knowledge.
- Our company can treat the use of Tonamel by the registration information as if it was used by the user who registered the use, and the results resulting from the use belong to the user who registered the use Shall.
- The Company shall not be responsible for any disadvantage or damage to the user if a third party misuses the registered information due to insufficient management of the registered information by the user.
- If damage to our company or a third party is caused by the unauthorized use of the third party in the preceding paragraph, the user shall compensate our company and the third party who suffered the damage for damages.
- Users shall promptly notify us of any potential unauthorized use of the registration information by a third party.
## Article 5: About Tonamel
- Tonamel has different sponsorship and management for each tournament using Tonamel. The user shall participate in the event after confirming the sponsorship and operation in advance. The Company provides a forum for the conclusion of transactions between the organizer and the user regarding participation in and sponsor of the tournament, and is not a party to these transactions between the organizer and the user.
- Users may only participate in the procedures and conditions specified by the organizer for each tournament.
- Even if the organizer of the tournament modifies, adds, changes, suspends, cancels, terminates, content, regulations, notes, operation, etc. of the tournament (including the ongoing tournament) for any reason, Shall not be involved.
## Article 6: Appendix of Tonamel
We may modify, add, change, suspend, terminate, or operate Tonamel at any time and without notice to the user, or transfer Tonamel to a third party. In this case, we shall not be liable for any misleading, created by the user.
## Article 7: Personal Information
- We are doing well in protecting the personal information obtained from you.
- In the case of Tonamel, if we set the function of posting messages or posting to bulletin boards among multiple users, personal information posted by users themselves or personal information posted by other users at their own will. We assume no responsibility whatsoever, even if it becomes known or used by other outside third parties.
- We may use your personal information for the following purposes, and you agree in advance.
- For identity verification
- To provide prizes
- For granting items
- After-sales service, for inquiry
- To provide information about Tonamel and other information about our services
- To provide advertisements for third-party products or services
- To conduct surveys, betting, and campaigns
- For marketing research, statistics and analysis
- Notify you if any changes in terms, conditions, policies, etc.
- For other purposes determined by each service operated by our company
- We may operate some part of handling and managing personal information to other companies.
- We may provide your personal information to third parties in the following cases, and you agree in advance to this.
- When there is consent of the user about disclosure and use of personal information
- When it is seem necessary to disclose personal information to a third party in order to provide the service desired by the user
- When sending information about advertisements, services, etc. of our company or third parties to users
- When collecting or analyzing registered information for the purpose of improving Tonamel, our business development, marketing, etc.
- When disclosure of personal information to financial institutions is necessary for payment, transfer, or other procedures
- When outsourcing the handling of personal information to other companies
- When a court, public prosecutor's office, police, or a public agency who have the authority equivalent to these requests legitimately requests disclosure.
- When it is necessary for a national institution, a local public entity, or a person entrusted with it to cooperate in performing the affairs specified by laws and regulations, and with the consent of the person concerned, it will not interfere with the performance of the affairs. By the time it may affect.
- When there is an immediate danger to human life, body, property, etc., and there is an urgent matter.When there is an immediate danger to human life, body, property, etc., and there is an urgent matter
- When it is particularly necessary to improve public health or promote the healthy development of young people
- To disclose to the person who succeeds the business at the time of business succession due to merger, business transfer or other reasons
- The Company manages personal information in compliance with the laws and regulations with regard to the handling of personal information, as well as related guidelines and other guidelines established by the government and other standards.
- The user may notify the purpose of use regarding personal information, disclose it, correct / add / delete the content, suspend or delete the use, or request the provision to a third party by the method described in the personal information protection policy. We can make such kind of action.
- Registration of personal information is optional, but if you do not register the necessary personal information, use of Tonamel may be restricted.
## Article 8: Agreement
- We may place our or third party advertisements on Tonamel and you agree.
- Our company promotes the healthy use of youth by users, confirms the user's compliance with this agreement such as the prohibited activities and improves and improves Tonamel, comments, texts, images, etc. (Hereinafter referred to as "post information"), and the user shall agree to this.
- In order to realize the purpose of Paragraph 2 of this Article, our company deletes the information that identifies individuals, concludes a confidentiality agreement, and concludes a confidentiality agreement with the companies and monitoring companies that have business alliances. The content can be made public and the user agrees.
- If you use services other than ours via Tonamel's link, etc., we use it at your own risk and you agree.
- We aggregate and analyze information that does not identify individuals obtained by users browsing and using Tonamel and advertisements displayed by Tonamel, and provide the results to Tonamel with our advertisements The user agrees to use it for the purpose of business development, marketing, improvement / improvement of Tonamel, etc. of third parties and companies that have business alliances with us.
- If a user causes damage to a third party such as our company or other users by using Tonamel, the user is required to compensate for any damage caused at his own expense and responsibility. I agree.
- If you or any other company / individual designated by us participate in the event where the organizer is the organizer, you use it at your own risk and agree that we have no responsibility.
- The user shall agree that the Company may provide third party that work with Tonamel with the following of the registration information which is disclosed on Tonamel by the user to the extent necessary for the operation, announcement, and marketing etc. of competitions held using Tonamel, as well as for analysis, marketing, and the granting of benefits etc. by third party that work with Tonamel.
- Icon image
- Account name
- Account ID
- Other account information
- The user shall agree that the Company may provide information which is disclosed on Tonamel other than the registration information specified in the preceding paragraph to a third party for the purpose of improving and enhancing Tonamel.
## Article 9: Prohibited Activities
- The User shall not perform any of the following acts or acts that may cause such acts.
- Acts that violate laws or public order and morals
- Acts that make all or part of a criminal act
- Posting violent, grotesque, or other generally unpleasant sentences, images, drawings, images, other expressions or information
- Harassing third parties such as stalking
- Acts that discriminate against or slander other users or third parties, or infringe their reputation, honor, privacy right, portrait right, and any other rights
- Acts that infringe on patents, utility model rights, design rights, trademark rights, copyrights, technical or business know-how or other rights of our company or third parties, or licenses based on these rights
- Post or post personal information of other users or third parties
- Posting obscene expressions, adult images / drawings, or highly exposed images / drawings
- Inducing or linking to adult sites, dating sites, sites with age restrictions, etc.
- Political activities, religious activities, solicitation to religious organizations
- Acts to promote inappropriate dating, such as seeking / adapting to sexual relations
- Act of registering a real third party person / organization name in the registration information
- Act of using Tonamel by impersonating another user or a third party
- Recruiting and trading activities similar to chain lectures (multiple commercial law, mouse lecture, multi-purpose commercial law)
- The act of buying or selling in real currency for the functions in Tonamel, the operation of the functions in Tonamel, or any other reason related to Tonamel
- Malicious load on Tonamel server or network
- Illegal manipulation of Tonamel using cheat tools, BOT, or other technologies
- The act of intentionally using a bug that occurred in Tonamel
- Access to Tonamel with modifications to the terminal such as jailbreak
- The act of copying or modifying all or part of Tonamel, or the act of reverse engineering such as decompilation
- Act of redistributing Tonamel to third parties
- The act of falsifying or deleting information on the Tonamel website
- Acts of infecting other users or third parties with computer viruses
- Other acts that we deem to be illegal at Tonamel
- Other acts that we deem inappropriate
- If the user has performed any of the preceding items or violated these terms, the Company will consider it appropriate to restrict the user’s use of Tonamel, suspend use, prohibit use, delete posted information, delete registered information, suspension or cancellation of the tournament, etc. Judges may take action.
- If any trouble occurs with another user or a third party due to the user performing or receiving the actions of each item of paragraph 1 of this Article, the user will do so at his own risk and expense. And we assume no responsibility. In this case, if our company or a third party suffers any damages, the user shall compensate our company or the third party for damages.
## Article 10: Disclaimer
- You use Tonamel at your own risk. We shall not be liable for any actions or consequences of using Tonamel.
- We have no obligation to monitor any unauthorized or inappropriate use of Tonamel by users.
- We guarantee the completeness, accuracy, reliability, usefulness, legality, morality, etc. of Tonamel and the data provided in connection with Tonamel (including user message postings and message board postings). No liability, including any responsibility.
- The advertiser is solely responsible for the content of the advertisements posted on Tonamel, and the judgment of the content on Tonamel or at the transition destination is at the user's own risk. Does not assume any responsibility for
- Our company shall not be liable for any damages caused by downloading from the websites of third parties, including Tonamel or affiliates or advertisers, or by computer virus infection.
- Our company will notify users even if Tonamel's normal operation becomes impossible due to system failure, communication failure, power failure, fire, natural disaster, war, civil strife, riot, labor dispute etc. regarding Tonamel. We assume no responsibility for any damages that may occur.
- Our company shall not be liable for any damage caused to the user due to restrictions on use of the Internet connection service or terminal used by the user, interruption, reduction in speed, function deterioration, etc.
- The Company may suspend or cancel of holding the competition, the posting on the sponsorship slots at any time at the Company’s discretion in accordance with the procedures which is specified separately, and shall not take any responsibility for damages caused by this to the Organizer and user.
- The user shall be liable for resolving any troubles that may arise between the user and the settlement agent, and the Company shall not take any responsibility for these troubles.
## Article 11: Problems between users
For any troubles that occur between users or between a user and a third party such as the organizer, the user must resolve them at their own risk, and we do not take any responsibility for these troubles.
## Article 12: Attribution of Intellectual Property Rights
Patent rights, utility model rights, design rights, copyrights, etc. (including rights provided for in Articles 27 and 28 of the Copyright Act; hereinafter collectively referred to as "intellectual property rights" in this Article) , Our company or a third party who has legitimate rights.
## Article 13: Prizes
- We may provide prizes determined for each tournament to users based on the rules such as the method and timing set by us.
- If we are required by law to collect withholding income tax when providing a prize to a user, the Company shall provide the user with an amount deducting withholding tax from the prize.
- Our company can determine the period during which the user can receive the prize (hereinafter referred to as the "reception period"). We have no obligation to provide after such period.
- In the event that Tonamel is terminated or transferred, we will set a separate receiving period and will not be obliged to provide prizes after the receiving period has elapsed.
- In the following cases, the Company shall be deemed to have waived the user’s right to receive the prize, etc., and shall be exempt from the obligation to provide the prize, etc., and the user shall acknowledge this.
- If you violate these Terms
- When we cannot contact our company or the organizer for a certain period of time with registered information
- When we reasonably judge when it is difficult to pay
## Article 14: Posting on the sponsorship slots
- The user who uses Tonamel may apply for sponsorship of competitions organized and managed by the respective organizers in accordance with the procedures which the Company stipulates separately.
- A contract shall be formed for the posting of the sponsorship when the Organizer accepts the user's application for sponsorship. Acceptance or rejection of the sponsorship application shall be at the discretion of the Organizer, and the Company shall not be involved in any way.
- The user shall pay the sponsorship fee to the Organizer through the Company using the means of settlement which the Company stipulates separately. The sponsor authorizes the company to process and receive payment of the sponsor's fee on behalf of the sponsor. Moreover, the sponsor agrees that the company may subcontract the authority to process and receive such payment on behalf of the sponsor to the payment processing company used by the user. The user shall comply with the terms and conditions of the settlement agency, and the Company shall not be involved.
- The user agrees to provide the company with accurate and complete information about the user in order to use the payment processing services provided by the payment processing company for sponsor’s fees. The user also agrees to allow the company and the payment processing company to share such information and the user’s transaction information for the payment processing services provided by the payment processing company.
- The Company shall transfer the sponsorship fee received from the user to the Organizer in accordance with the conditions and methods separately stipulated by the company after deducting the platform usage fee, settlement fee, and transfer fee in accordance with the procedures which is stipulated separately by the Company.
- The user may cancel the sponsorship application thorough the procedure which is specified separately by the Company until the sponsorship application is approved by the Organizer.
- The Organizer may refund the sponsor’s fee to the user if the approval of the sponsor’s application is cancelled or the event is canceled for the organizer's convenience or at any other discretion of the organizer.
- The Organizer agrees that the Organizer shall be deemed to have waived the right to receive the sponsorship fee and the Company shall be released from the obligation to pay the sponsorship fee in the following cases:
- If the Organizer breaches these Terms
- If the Company is unable to make the transfer due to an error in the bank account information, etc. after 90 days have passed since the approval of the sponsorship application for the sponsorship slot, or unable to contact between the sponsor and the Company with the registration information etc. for a certain period of time afterwards
- In other cases where the Company reasonably determines that it is difficult for the Company to make payments
- In the event that a competition for which the user has applied for sponsorship is cancelled, not conducted as originally envisioned, or any other trouble arises, the matter including a refund of sponsor’s fee shall be resolved between the user and the Organizer, and the Company shall not be liable in any way.
## Article 15: Advance Payment Function
- When organizing a tournament in which entry fees ("entry fees") are collected from the user participating in the tournament, the organizer may use a function on Tonamel to collect entry fees in advance (the "advance payment function").
- The entry fee, condition for the competition shall be in accordance with those set forth by the organizer, and the company will not be involved in any way.
- The user shall make payment through the company by using a payment method separately stipulated by the company when the pay the entry fee to the organizer by using the advance payment function. The organizer authorizes the company to process and receive payment on behalf of the organizer for entry fee paid by the advance payment function. The organizer agrees that the company may subcontract the authority to process and receive such payment on behalf of the organizer to the payment processing company used by the user. The user shall follow the terms and conditions of the payment processing company, and the company shall not be involved in this matter.
- The user agrees to provide the company with accurate and complete information about the user in order to use the payment processing service through the payment processing company for the entry fee when the user pays the entry fee to the organizer by using the advance payment function. The user also agrees that the company and the payment processing company may share such information and the user’s transaction information regarding the payment processing service provided by the payment processing company.
- The company shall transfer the entry fee received from the user by using the advance payment function to the organizer under the condition and method separately stipulated by the company, after deducting the platform usage fee, settlement fee, and bank transfer fee in accordance with the procedures separately stipulated by the company.
- The user is not entitled to a refund of the entry fee even if the user cancels the entry for the user’s convenience after entry if the user has used the advance payment function. However, this does not apply if the organizer approves the refund.
- If the organizer cancels the user's entry or the competition for the organizer's convenience or at any other discretion of the organizer, the organizer shall refund the entry fee to the user, except in cases where the cause of the cancellation is the user's fault.
- With respect to the entry fee paid by the advance payment function, the company shall deem that the organizer has waived the company’s right to receive the entry fee in the following cases, and shall be discharged from the obligation to pay the entry fee. The organizer shall agree to the above.
- If the organizer violates the terms of service
- If the payment cannot be made due to an error in the bank account information at the end of 90 days after the entry fee has been paid by the user, or if there is no contact between the company and the organizer for a certain period of time thereafter with the registered information
- If the company reasonably determines that it is difficult to pay the entry fee
- In the event that a competition for which the user has submitted an entry is cancelled, does not take place as originally planned, or some other problem arises, the matter, including a refund of the entry fee, shall be resolved between the user and the organizer, and the company shall not be liable for these problems.
## Article 16: Compliance with the Act on Specified Commercial Transactions
If the organizer falls under the category of a seller or service provider as defined in the Act on Specified Commercial Transactions, the organizer's information shall be properly displayed in accordance with the provisions of the Act.
## Article 17: Notification to Users
- If we notify you by displaying it on Tonamel, we will assume that you have received the notification when we display it on Tonamel.
- If you send a notice from us to an e-mail address registered with us, we will assume that the notice has reached the user when it should normally arrive.
- When we notify you by chat function or push notification, we will assume that the notification has reached the user when it should normally arrive.
## Article 18: Prohibition of transfer of rights and obligations
The User shall not transfer or guarantee any of the user qualifications, rights and obligations based on the user qualifications regarding Tonamel to third parties.
## Article 19: Suspension of use, etc.
- In the following cases, we may restrict or suspend use of Tonamel without prior notice or notice to the user.
- If another user or a third party makes a claim, request, etc. to us regarding the use of our service including Tonamel by the user and we deem it necessary.
- When the user has won or received a prize, etc. by fraudulent or unplanned method
- If the user is under or is found to be anti-social
- When it is necessary for Tonamel maintenance
- If there is something wrong with Tonamel's system
- If there is any other act that violates these Terms
- We have no obligation to disclose to the user the reasons for taking the measures described in the preceding paragraph.
- If a user falls under any of the items in Paragraph 1 (excluding items 4 and 5), we may claim damages against the user. .
## Article 20: Termination of Use
- Our company shall not be obliged to retain data such as user's usage history, post information, registration information, personal information, prize acquisition information, etc. when the user terminates the use.
- Even if the user terminates his / her voluntary use, his agreement to these Terms shall remain unchanged and shall be applied.
## Article 21: Revision of the Terms
We may change these Terms without your consent. In this case, unless otherwise specified by the Company, the changed terms shall take effect from the time they are displayed on Tonamel.
## Article 22: Validity of these Terms
- If this agreement corresponds to a consumer agreement stipulated in the Consumer Contract Act, the provisions of this agreement that completely disclaim our liability for damages shall not apply.
- In the preceding paragraph, if damages incurred by the User are based on default or tort, the Company shall be liable for damages within the range of the fee received from the user up to the damage directly and actually incurred by the user. , We will not be liable for any special damages.
- In the event that these Terms violate laws and regulations, only the provisions of these Terms that violate laws and regulations will be invalid, and the other provisions shall survive.
- If these Terms are partially void or revoked with a particular user, the Terms will still be valid in relation to other users.
## Article 23: Governing law and jurisdiction
- These Terms will be interpreted in referring with the laws of Japan.
- In the event of a dispute between the Company and the User, the laws of Japan shall be the governing law, and the Tokyo Summary Court or the Tokyo District Court shall be the exclusive jurisdiction court of the first instance, depending on the amount of the litigation.
Established on July 7, 2017
Revised April 1, 2020
Revised September 28, 2021
Revised November 7, 2022