Paid Services Terms of Use
These Terms of Use set forth the Terms of Use for providing all or part of the applications and the services of Scene (the “Services”) provided by Ripplex Inc. (the “Company”) as paid services (the “Paid Services”), which are applied in purchasing and using Paid Services. These Terms of Use also apply to the purchasing, obtaining and using of activation codes or points (the “Paid Points”) that can be applied toward payment for Paid Services, or of rights purchasable on app stores that grant time-limited use of Paid Services. An individual, group of individuals or a juridical person who uses the Services (the “User”) shall read and agree to the entire terms of use of the Services as well as the entire these Terms of Use before using the Services and purchasing or using the Paid Services or the Paid Points (the “Paid Services / Paid Points”). Paid Services / Paid Points as of now provided by Company are as stated in the APPENDIX A.
1. APPLICABILITY
- a) The purpose of these Terms of Use is to set forth the Terms of Use for providing the Paid Services / Paid Points and the rights and obligations between the Company and the User, and these Terms of Use shall apply to all aspects of the relationship between the User and the Company in connection with the Paid Services / Paid Points.
- b) Any rules for use of the Paid Services / Paid Points posted on the Company’s website at http://scn.jp/ or at any site with the URL located under http://scn.jp/ (the “Rules”) shall constitute an integral part of these Terms of Use.
- c) If there is any conflict between these Terms of Use and the Rules or any other description of the Paid Services / Paid Points not provided for herein, these Terms of Use will prevail.
2. PROCEDURES OF USE
- a) The Company shall post fees, Terms of Use, and restrictions regarding the Paid Services / Paid Points (the “Paid Plan”) on the Company’s website at http://scn.jp/ or at any site with the URL located under http://scn.jp/.
- b) It is considered that the User has agreed to these Terms of Use and the contents of the Paid Plan and applied the Paid Plan by registering the User’s settlement information to the Company’s website or the settlement substitution company’s website designated by the Company and deciding settlement (the “Applications”).
- c) The Company shall begin providing the Paid Services / Paid Points applied by the User (“Providing Services”) after confirming the User’s payment of fees for the Paid Services / Paid Points.
- d) In the case where the Company cannot confirm the User’s payment of fees for the Paid Services / Paid Points, the Company may refuse or interrupt Providing Services.
- e) The User shall maintain the User’s correct, valid and latest information registered to the Company’s website or the settlement agent’s website designated by the Company and required for the payment of fees for the Paid Services / Paid Points.
- f) The User may cancel the Paid Services, whatever the reason, at any time. Please carry out the procedure to terminate use of the Paid Services (“Cancellation of Services”) on the account management screen of the Company’s website to cancel the Paid Services.
3. USE OF PAID SERVICES/PAID POINTS
- a) The Company may provide several kinds of the Paid Plan. The User agrees that there may be cases when the User cannot apply all or part of Paid Services / Paid Points, the Company cannot accept the Application, or the Company refuses Providing Services after the Company accepts the Application.
- b) The account management screen of the Company’s website, credit card details received by the User and the User’s settlement information that the User can obtain from the settlement substitution company may be used as a receipt. The Company does not issue a receipt according to a request from the User.
- c) The User agrees that there are cases in which fees for the Paid Plan may be different depending on the method of payment or promotion, although the same terms of use or restrictions still apply.
- d) The User agrees that the Company may change fees, Terms of Use and restrictions during the term of Providing Services.
- e) The Company shall not refund fees for the Paid Services / Paid Points paid by the User for any reason. Once the user has carried out the Cancellation of Services or has withdrawn mail address registration that is required in order to use Paid Services / Paid Points (“Removal of Registration”), the Company shall not refund fees that the User has already paid even if some portion remains unused.
- f) The Company shall notify new fees and Terms of Use of the Paid Services / Paid Points to the User’s registered mail address or to other means of communication with the User in the case where the Company changes the fees and Terms of Use of the Paid Services / Paid Points if the User selects an automatic continuation payment and during the term of Providing Services. It is considered that the User agreed to this modification in the case where the User does not terminate use of the Paid Services / Paid Points within 30 days from the notification by the Company.
- g) After the Cancellation of Services, the User cannot use the Paid Services / Paid Points of the Pay Plan, and the User’s image information and meta information incidental thereto which are kept to provide terminated Paid Services / Paid Points by the Company will be deleted, however, there are cases in which the Company shall continue to provide the Paid Services / Paid Points terminated by the User during a set grace period after completion of the Cancellation of Services according to the Company’s judgment. However, the Company does not have any obligation to provide any grace period to the User.
- h) The User shall neither wrongfully nor unfairly avoids paying fees. If the Company discovers such acts, the Company may cancel Providing Services according to the Company’s judgment, and the User cannot refute the Company’s decision and cancellation of Providing Services.
- i) The User shall bear responsibility for payment of any taxes which the User has not paid to the Company but which the User should pay.
4. AUTOMATIC CONTINUATION PAYMENT BY A CREDIT CARD
The terms of payment in the case where the User purchases the Paid Services / Paid Points whose method of settlement displayed in the Company’s website is only automatic continuation payment by credit card or the User selects automatic continuation payment by credit card from several methods of settlement is as follows;
- a) The User shall input a card number, expiration date, security code, country information on the Company’s website in the Application.
- b) The Company shall claim fees of use of the Paid Services / Paid Points to the User’s credit card each month from the time the Company begins Providing Services until the procedure to terminate the Paid Services / Paid Points is completed on the Company’s website by the User.
- c) The Company shall claim initial fees of use of the Paid Services / Paid Points on the 1st day of the next month to the month the Company began Providing Services. Following this, until the User completes the procedure to terminate the Paid Services / Paid Points, the Company shall claim fees of use of the Paid Services / Paid Points on the 1st day of every month (the “Monthly Invoice”). However, the credit withdrawal date from the User’s bank account of the fees of use of the Paid Services / Paid Points which the Company claims on the 1st day every month is different between each User’s credit card. The Company cannot change the credit withdrawal date.
- d) The Company may inquire as to the certainty of the payment to the credit card company which the User inputs in the Application after the Application is received. The Company shall not begin Providing Services if the Company finds that the User’s payment may be uncertain (including, but not limited to, exceeding the card usage limit and insufficient balance) as a result of the inquiry.
- e) The Company shall terminate Providing Services (“Terminating Services”) after completing the Cancellation of Services. However, there are cases where the Company may continue Providing Services terminated by the User during a set grace period after Terminating Services according to the Company’s judgment. However, the Company does not have any obligation to provide the grace period to the User.
- f) The Company shall terminate Providing Services in the case where the Company failed to withdraw the fees from the User’s credit card (including, but not limited to, exceeding the card usage limit and insufficient balance). However, there are cases where the Company may continue Providing Services terminated by the User during a set grace period after Terminating Services according to the Company’s judgment. However, the Company does not have an obligation to provide the grace period to the User.
- g) The User agrees that the Company or the settlement agent which the Company uses and carries out the User’s settlement receives and retains the credit card number registered to the Company’s website or the settlement agent’s website by the User in the Application.
- h) The User can register only one credit card number to the Company’s website or the settlement agent’s website for the settlement of the Paid Services / Paid Points. The User cannot register several different credit card numbers.
- i) The currency used in the settlement shall be in US dollars or Japanese yen. The Company claims the payment amount of Japanese yen displayed in the Company’s website when the country information input in the Application is Japan. The Company claims the payment amount of US dollar displayed in the Company’s website when the country information input in the Application is a country other than Japan. However, the currency used in the settlement of the Paid Services / Paid Points is decided by the currency used in the settlement by the credit card used by the User in the Application and the Company cannot change this currency. The User agrees that the User takes the risk of floating exchange rates between the currencies for the fees of the Paid Services / Paid Points.
5. DISCLAIMER AND WAIVER OF WARRANTIES
Under no circumstances shall the Company be liable for any damages incurred by the User arising out of, addition or modification of the contents of the Paid Services / Paid Points, or Terminating Services , or otherwise in connection with the Paid Services / Paid Points. The same shall apply to a reduction in display speed or failures occurring due to unexpected factors such as access overloads.
6. INTEREST FOR DELAY
In the case where there is a delay in payment of the fees by the due date, the User shall pay the interest for such delay to the Company calculated by either the lower interest rate of 14.6% per year or the maximum interest rate prescribed in law for the days from the day after the due date to the day before the day the User paid the payment. In addition, the User shall pay the costs such as the commission required in the payment.
7. AMENDMENTS
The Company reserves the right to amend or change these Terms of Use. Please perform Cancellation of Services and terminate using the Paid Services / Paid Points if the User cannot agree to such amendment or change to these Terms of Use. If the User uses the Paid Services / Paid Points, or fails to perform Cancellation of Services, the User shall be deemed to have agreed to such amendment or change to these Terms of Use.
8. ASSIGNMENT
The Company may assign to a third party its status under these Terms of Use, its rights or obligations under these Terms of Use, and the input information and other information relating to the User, and the User hereby agrees to such assignment.
9. GOVERNING LAW AND JURISDICTION
- a) These Terms of Use shall be governed by the laws of Japan.
- b) Any and all disputes arising out of or in connection with these Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.
10. OWNERSHIP OF RIGHTS
- a) Any and all IP Rights related to the Services are expressly reserved by the Company. Nothing contained herein shall be construed as granting to the User a license of the IP Rights owned by the Company.
- b) The User hereby represents and warrants to the Company that it has lawful rights to post or otherwise transmit the User Image Information and the subordinate meta information, and that the User Image Information and the subordinate meta information so posted do not infringe any third party’s rights.
These Terms of Use shall be executed in the Japanese language. Japanese shall be the governing language and any translation of these Terms of Use into any other language is for convenience of reference only and shall not bind the parties hereto.
APPENDIX A
- Scene Premium https://www.scn.jp/en/scene-premium.html