Article 1. DEFINITION

In this Terms of Use, the following terms bear the following meanings:

1. “Company” means Comobi Co,Ltd., a company registered at 2F Ginza Ootake Busidence, 1-22-11 Ginza, Chuo-Ku, Tokyo 104-0061.

2. “Website” means any website ending with the domain name suffix comobi.io or comobi.co.jp, which is operated by the Company.

3. “Application” means the application operated by the company to deliver the Service un-distinctively of the platform (web, iOS, smartphone, tablet, …)

4. “Service user” or “Comobi user” means a user of the Comobi Service (free or paid service un-distinctively.

5. “Terms of Use” means these Terms of Use and all other agreements reached between the Company and the Service Users through the Site or application.

6. “Content” or “Contents” means any information that is available to Service users through the Site or the application, including but not limited to texts, images, videos.

7. “User Content” or “User Content(s)” means any content posted by Service users to the Application (example: a read-aloud audio record)

 

Article 2. SERVICE USER ACCOUNT

1. By creating an account for the Service, you affirm that:

1. you are 18 years of age or the applicable age of majority or older in your province, territory, or country

2. you are fully able and competent to enter into these Terms, to abide by and comply with them.

3. you agree to be bound by our Terms hereafter and our Privacy Policy

1. Regarding the information provided for your account creation, you affirm that

   1. the provided information for account creation are accurate and current

   2. you do not use a username with the intent to impersonate another person or in a manner that infringes another person’s rights

   3. you do not use a username that is obscene or vulgar

   4. you will not share your account information (password, username,...), or let anyone else access your account other than in situations under these Terms.

   5. you will not do anything that jeopardizes the security of your account

   6. you will immediately notify us of any unauthorized use of your password or other security breach related to our service

 

1. Should you share your account information (password, login,...) or allow a third party to access your Comobi account, you agree to remain fully responsible for compliance with these terms by such third party.

2. Comobi will not be liable for any loss or damage arising for your failure to adequately safeguard your account with the Service.

3. As of this Terms release, the Comobi service is only intended for use by citizens of Japan and anyone who accesses or uses Comobi from outside of Japan does so at their own risk and is responsible for compliance with applicable local laws.

 

Article 3. LICENSING GRANTING BY US

1. As a service user, we grant you a personal, revocable, non-exclusive, non-transferable and non-sublicensable license to access and use the Comobi service solely for personal, non-commercial purposes*.

2. Except for the foregoing limited license, no right, title or interest is transferred to you. We may allow you to store encrypted, cached content on your tablet, smartphone or other compatible internet-connected device.

3.  You are not allowed to transfer copies of cached content to any other device or internet media.

4. This license will automatically expire in case of termination (refer to Article 7. TERMINATION) or withdrawal (refer to Article 8. WITHDRAWAL) from the service.

 

Article 4. USER CONTENT

1. Comobi provides functionality that enables you to create, access, modify and delete User Content through the application. You retain all of your ownership rights to your User Content.

2. When creating User Content through application, you may not submit content that is:

   1. defamatory, harassing, threatening, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity

   2. otherwise contrary to applicable local, national, and international laws and regulations.

3. When creating User Content through the application, you may not submit content that is containing third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally authorized to submit such content and grant us the licenses described above. Examples of above condition infringement are:

1. submitting a read aloud record from a third party without permission from the rightful owner

2. submitting a read aloud record containing sound effects created by a third party without permission from the rightful owner

1. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content and that the User Content conforms to the terms described in this Section.

2. You understand and agree that you will be solely responsible for your User Content and the consequences of submitting and making available such User Content to Comobi Service.

3. Comobi reserves the right but not the obligation to monitor, screen, remove, modify, store and review User Content, at any time and for any reason, including to confirm that the User Content is consistent with these terms, without prior notice to you.

 

Article 5. USER CONTENT SHARING

Comobi provides functionality that enables you to share your User Content through a private channel. When sharing your User Content through a private channel, subscribed users are able to access all your User Content authorized for the channel.

1. When using this functionality, you understand and agree:

   1. to share your User Content only within a PRIVATE CIRCLE (defined as family related sharing). Examples of above condition infringement are:

      1. sharing User Content with friends or persons non-related to your family.

   2. to be solely held responsible for ensuring that the access to your shared content is compliant with the above rule. The application thus provides the functionality for you to manage the access granting to your channel, such as issuing access invitations or revoking access.

   3. to grant users of the Comobi service a non-exclusive license to view your User Content through the Private channel subscription feature, and to use, display and run such User Content as permitted through normal functionalities of the Comobi services.

   4. to comply with conditions related to User Content described in Article 4. USER CONTENT for current and future User Content.

2. Comobi reserves the right but not the obligation to monitor, screen, remove, modify, store and review User Contents sharing through the service, at any time and for any reason, including to confirm that the User Content sharing is consistent with these terms, without prior notice to you.

 

Comobi provides functionality that enables you to access another User’s Content through a private channel subscription.

1. When using this functionality, you understand and agree that you will be solely held responsible for the choice of the private channel you will subscribe to. The application thus provides the functionality for you to manage the subscribed private channels such as adding or deleting channels.

 

Article 6. RESTRICTION ON USE

Creating a safe and trustable environment for children and parents is at the core of Comobi’s values. We therefore ask our Users to refrain from any usage or behavior that may harm the safety, security or reputation of the service. By using our service, you agree NOT TO PROCEED with:

1. Unattended or excessive usage of the service that could represent a risk for the safety of children. Comobi does not provide a service intended to replace child rearing by a parent or a supervisor (nanny, daycare, …), we therefore ask our users to refrain from such usage patterns.

2. Activities that may harm the safety of the service, such as:

   1. transmission of any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, graphically violent, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable

   2. stalking, harassing, or harming other individuals

3. Activities that may harm the security or integrity of the service, such as:

   1. acts of breaching or circumventing any security or authentication measures (including geo-restriction measures)

   2. attempts to decompile or reverse engineer any software contained on the Comobi Service

   3. spread of information that includes a computer virus or other harmful computer program

   4. acts that cause excessive load on the Company’s network or systems

   5. acts or attempts to improperly access the Company’s network or systems

   6. acts of impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity

   7. usage or letting other persons use the User ID or password of other Users

   8. any attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the service

4. Activities that may harm the reputation of the service, such as:

   1. violation of local, state, national, or international law or regulation

   2. acts that are offensive to public order and morals

   3. acts that are related to anti-social activities or benefits to anti-social forces

   4. transmission of any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation

   5. acts that defraud, deframe, slander, threaten or tarnish the honor or reputation of the Company, other Users or any other third parties

5. Activities that infringe intellectual Property Rights such as:

   1. acts not complying with article 4. USER CONTENT and article 5. USER CONTENT SHARING

   2. acts of removal of copyright, trademark, or other proprietary notations from any Content

   3. act of duplicating, selling, or publishing information obtained through the Service

 

Article 7. TERMINATION

1. Your right to use the Comobi Service will be terminated if you violate, or are judged likely to violate these Terms or any restriction of use stated in article 6. RESTRICTION OF USE

2. Upon termination of an account, all User information (including User content) will be automatically deleted from our servers and not recoverable

3. We reserve the right, in our sole discretion, to terminate your access to all or part of the Comobi Service, for any reason, with or without notice

4. The Company shall not in any way be held liable for any loss or damage incurred by Users as a result of the Company’s actions under this Article

 

Article 8. WITHDRAWAL

1. Users may delete their registration of the Services at any time by deleting their account through the application

2. Upon termination of an account, all User information (including User content) will be automatically deleted from our servers and not recoverable

3. The Company shall not in any way be held liable for any loss or damage incurred by Users as a result of the Company’s actions under this Article

 

Article 9. INTELLECTUAL PROPERTY

1. All right, title, and interest in the Comobi Service website and application are the exclusive property of Comobi Co., Ltd.. and its licensors. The content of the Service includes without limitation books, text, software, graphics, photos, sounds, music, videos, User Content, as well as elements such as names, logos, and materials displayed through our service that constitute trademarks governed by intellectual property rights international laws. 

2. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the service or any portion it except as authorized by these Terms or as otherwise authorized in writing by us or our licensors.

3. The service is provided for your personal, non-commercial use only.

4. You must abide by all copyright notices, information, or restrictions contained in or associated with any User Content (refer to article 4. USER CONTENT and article 5. USER CONTENT SHARING)

 

Article 10. LINKS OR THIRD PARTY APPLICATIONS/DEVICES

The service may contain links to third party websites or interact with third party applications (including, without limitation, widgets, software, or other software utilities) that are not owned or controlled by Comobi. Our provision of a link to any other website or third party application is for your convenience only and does not signify our endorsement of such other website or resource or its contents. Comobi will not hold any responsibility or liability for any content, information, software or practices of a third party website or application.

 

Article 11. SERVICE AND CONTENT AVAILABILITY

Comobi service provides its users with access to content streamed through the internet to certain devices (ex: for private channel subscribed content).

1. If you access our service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply.

2. The Company may permanently discontinue or temporarily suspend the Services in whole or in part in the following circumstances, without prior notice to its users. The Company shall not in any way be held liable for any loss or damage incurred by Users as a result of the Company’s actions under this Article:

   1. Regular or emergency computer system inspection or maintenance work

   2. Network suspension due to incident

   3. Needs to ensure the security of Users;

   4. System overload

   5. Natural disaster

   6. Service provisioning becoming difficult due to laws or regulatory changes or compliance requirements

   7. Any other circumstances where the company would determine necessary to discontinue or suspend the service

 

Article 12. DISCLAIMER OF WARRANTIES

1. You explicitly agree that use of the Comobi service is at your sole risk. The Comobi service is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Comobi Co., Ltd. expressly disclaim all warranties or promises of any kind, whether express or implied, with respect to the Comobi service.

2. we do not make any commitment about the content within the service, the specific functions or their reliability, availability or ability to meet your needs, such as:

   1. errors, mistakes or inaccuracies in content

   2. personal injury or property damage of any nature whatsoever resulting from the use of Comobi services.

   3. unauthorized access to or use of our secure serves and any information hosted

   4. any interruption or cessation of transmission to our service

   5. bugs, viruses, Trojan horses or the like which may be transmitted to or through our services

   6. any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available on or through our Service

 

Article 13. LIMITATION OF LIABILITY

You understand that to the extent permitted under applicable laws, Comobi Co.,Ltd. or its officers, directors, employees, shareholders, subsidiaries, affiliates or licensors can not be held liable for any direct, indirect incidental, special, consequential or exemplary damages including but not limited to damages for loss of revenues, profits, goodwill or other intangible losses resulting from your use of Comobi services.

 

Article 14. RIGHT TO MAKE CHANGES TO THE AGREEMENT

We may, in our sole and absolute discretion, change these Terms from time to time. If we do, we will update this posting, send you notice through the Comobi Service, or email you. Your continued use of the Comobi Service constitutes your agreement to abide by the Terms as changed. If you object to any such changes, your sole recourse is to stop using the Comobi Service.

 

Article 15. GOVERNING LAW

These Terms of Use and the use of the Site shall be governed by the laws of Japan.

Any disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.