Notice: This English translation is provided for reference purposes only. In the event of any discrepancy or inconsistency between this English translation and the Japanese original, the Japanese original shall prevail.
These Terms and Conditions (hereinafter referred to as the "Terms") set forth the matters that users must comply with in using the Service (as defined in Article 2) provided by Parallel Inc. (hereinafter referred to as the "Company"), as well as the rights and obligations between the Company and users. Anyone who wishes to use the Service is requested to read the Terms in their entirety before agreeing to them.
Article 1 (Application)
1. The purpose of the Terms is to set forth the rights and obligations between the Company and Registered Users (as defined in Article 2) relating to the use of the Service, and the Terms shall apply to all relationships relating to the use of the Service between Registered Users and the Company.
2. Any rules, provisions, and other terms relating to the Service that the Company posts from time to time on the Company Website (as defined in Article 2) and the Application (as defined in Article 2) shall constitute part of the Terms.
Article 2 (Definitions)
The following terms used in the Terms shall have the meanings set forth below, respectively.
1. "External Service" means X (formerly Twitter), YouTube, gaming applications, and any other services provided by other business operators that are used by Registered Users on the Service.
2. "External Business Operator" means a provider of an External Service.
3. "External Terms of Use" means the terms and conditions that set forth the rights and obligations between a Registered User and an External Business Operator.
4. "Intellectual Property Rights" means copyrights, patent rights, utility model rights, trademark rights, design rights, and any other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights).
5. "Company Website" means the website operated by the Company at the domain "https://parallelgame.com/" (including, if the domain or content of the Company's website is changed for any reason, the website after such change).
6. "Prospective Registrant" means a "Prospective Registrant" as defined in Article 3.
7. "Registration Information" means "Registration Information" as defined in Article 3.
8. "Registered User" means an individual who has been registered as a user of the Service pursuant to Article 3.
9. "Application" means the application through which the Service can be used.
10. "Service" means the voice-chat social networking application named "Parallel" provided by the Company (including communication tools such as chat functions between Registered Users and other ancillary services, and, if the name or content of the Service is changed for any reason, the Service after such change).
11. "Usage Agreement" means the "Usage Agreement" as defined in Article 3, Paragraph 4.
Article 3 (Registration)
1. A person who wishes to use the Service (hereinafter referred to as a "Prospective Registrant") may apply to the Company for registration to use the Service by agreeing to comply with the Terms and providing certain information determined by the Company (hereinafter referred to as "Registration Information") to the Company by the method determined by the Company.
2. An application for registration must be made by the individual who will actually use the Service, and, in principle, an application for registration by an agent shall not be permitted. In addition, when applying for registration, a Prospective Registrant must provide the Company with true, accurate, and current information.
3. The Company may refuse registration of a person who has applied for registration pursuant to Paragraph 1 above if the person falls under any of the following items:
1. the Company determines that the person is likely to violate the Terms;
2. any of the Registration Information provided to the Company, in whole or in part, contains false statements, errors, or omissions;
3. the person's registration to use the Service has previously been cancelled;
4. the person is under 13 years of age;
5. the person is a minor (excluding a person under 13 years of age), an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant;
6. the Company determines that the person is an Anti-social Force (meaning any organized crime group, member of an organized crime group, quasi-member of an organized crime group, company affiliated with an organized crime group, corporate racketeer (sokaiya), person or group professing to engage in social campaigns for unjust causes, special intelligence crime group, or any other group or individual seeking economic gain through violence, force, or fraudulent means; the same shall apply hereinafter), or that the person provides funds or otherwise cooperates in or is otherwise involved in the maintenance, operation, or management of an Anti-social Force;
7. the Company otherwise reasonably determines that registration of the person is not appropriate.
4. The Company shall determine whether to approve the registration of a Prospective Registrant in accordance with the preceding paragraph and other criteria established by the Company, and, if the Company approves the registration, the Company shall notify the Prospective Registrant to that effect. Upon such notice, the registration of the Prospective Registrant as a Registered User shall be completed, and an agreement for use of the Service in accordance with the provisions of the Terms (hereinafter referred to as the "Usage Agreement") shall be formed between the Registered User and the Company.
5. If there is any change to the Registration Information, the Registered User shall promptly notify the Company of such change by the method determined by the Company, and shall submit any materials requested by the Company.
Article 4 (Use of the Service)
A Registered User may use the Service in accordance with the Terms and the method determined by the Company during the term of the Usage Agreement.
Article 5 (Chat, Calls, etc.)
1. A Registered User may engage in chat, calls, and other communications with other Registered Users by the method determined by the Company. Registered Users shall select their communication counterparts on the Service at their own responsibility, and the Company shall bear no liability whatsoever for any damages incurred by a Registered User in connection with communications on the Service, except where such damages are attributable to the Company.
2. In connection with communications under the preceding paragraph, a Registered User may distribute images, videos, and other data displayed on the Registered User's smartphone to other Registered Users. In such cases, the Registered User shall distribute such data only to the extent that doing so does not violate any External Terms of Use and does not infringe the Intellectual Property Rights of any External Business Operator or other third party, and the Company shall bear no liability whatsoever for any damages incurred by a Registered User in connection with a violation of the foregoing by the Registered User, except where such damages are attributable to the Company.
Article 6 (Management of User IDs)
1. A Registered User shall, at its own responsibility, manage and safeguard the user ID and Passwords (collectively, the “user ID”) relating to the Service, and shall not allow any third party to use it, nor lend, transfer, change the name of, or trade it.
2. A Registered User shall be responsible for any damages arising from inadequate management of a user ID, errors in its use, or use by a third party, and the Company shall bear no liability whatsoever therefor.
3. If a Registered User discovers that its user ID has been stolen or is being used by a third party, the Registered User shall immediately notify the Company to that effect and shall follow any instructions from the Company.
Article 6-2 (Use of Third-Party Services)
1. By separately completing authentication or other procedures, a Registered User may use services provided by third-party providers (hereinafter referred to as "Third-Party Providers") through the Service (hereinafter referred to as "Third-Party Services"). The Third-Party Services available may be changed, suspended, or otherwise modified at any time at the Company's discretion.
2. A Registered User who uses a Third-Party Service shall agree in advance to each of the following:
that the Third-Party Service makes no warranty whatsoever to the Registered User, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, with respect to the Third-Party Service and its content;
that the Registered User shall not modify or create derivative works based on the Third-Party Service or its content;
that the Registered User shall not decompile, reverse engineer, disassemble, or otherwise analyze or use the Third-Party Service or any content available through the Third-Party Service so as to convert it into source code or any other form recognizable by humans;
that neither the Company nor the relevant Third-Party Provider shall bear any liability whatsoever for any damages incurred by the Registered User in connection with the use of the Third-Party Service or its content; and
that the Third-Party Provider is a third-party beneficiary under the Usage Agreement, and that, upon the Registered User's agreement to the terms of the Terms, such Third-Party Provider shall have the right, as a third-party beneficiary, to enforce the Terms against the Registered User (and shall be deemed to have accepted such right).
Article 7 (Diamond)
1. Through the Service, Registered Users may purchase the Company-designated in-app currency "Diamond" (hereinafter referred to as "Diamond") by means of in-app purchase functions offered through Apple Inc. or Google LLC (collectively, the "Payment Platforms"). Payment and other conditions shall be governed by the terms of the applicable Payment Platform.
2. A Registered User may use purchased Diamond for services designated by the Company within the Service (e.g., the Gacha function). The scope of use, content, price, and other conditions relating to Diamond may be changed by the Company at its discretion from time to time.
3. The purchase of Diamond shall be made based on the User's own intention, and the Company shall not provide any refund following completion of a purchase, except as required by law or the terms of the relevant Payment Platform.
4. A User shall not transfer, lend, sell, or otherwise dispose of Diamond to any third party by any method not permitted by the Company.
5. If a User violates the Terms or any applicable law, the Company may freeze or invalidate the Diamond associated with the relevant User's account as part of measures taken in connection with a suspension of the account or otherwise. Except where the Company has acted with intent or gross negligence, the Company shall bear no liability to compensate the User for any damages arising therefrom.
6. The Company may set an expiration period for Diamond. In addition, if the Company terminates all or part of the Service, Diamond that remains within its valid period may become invalid in accordance with the termination. The Company shall announce its policy regarding the handling of such Diamond to Users in advance, and Users shall comply with the policy determined by the Company.
7. If a minor User purchases Diamond, such purchase shall be made with the consent of the User's parent or legal guardian, and the Company shall be deemed to have received the consent of the parent or legal guardian for such purchase.
Article 8 (Prohibited Acts)
1. In using the Service, a Registered User shall not engage in any of the following acts:
1. any act that infringes the Intellectual Property Rights, copyrights, rights of publicity, privacy rights, honor, or other rights or interests of the Company, other Registered Users, External Business Operators, or other third parties (including acts that directly or indirectly cause such infringement);
2. any act related to criminal conduct or any act contrary to public order and morals;
3. transmitting obscene information or information harmful to minors;
4. transmitting information relating to dating;
5. any act that violates any law or regulation, or the internal rules of any industry association to which the Company or a Registered User belongs;
6. transmitting information containing a computer virus or other harmful computer program;
7. transmitting data through the Service in a volume that impedes the operation of the Service;
8. sending inappropriate messages that may cause discomfort to other Registered Users, including excessively violent expressions, explicit sexual expressions, expressions equivalent to child pornography or child abuse, expressions that lead to discrimination based on race, nationality, creed, sex, social status, or family origin, expressions that induce or promote suicide, self-harm, or drug abuse, and any other anti-social content;
9. sending the same or similar messages to an unspecified large number of Registered Users, or any other act that the Company reasonably determines to constitute spam;
10. any act for the purpose of commercial advertising, promotion, or solicitation (excluding any such act approved by the Company);
11. impersonating another person;
12. any act that constitutes a multi-level marketing (MLM) scheme;
13. any act that constitutes religious activity or solicitation for a religious organization;
14. using the Service for the primary purpose of obtaining the personal information of others;
15. any act reasonably found likely to interfere with the Company's operation of the Service;
16. converting Diamond or other in-app currency into cash, transferring, exchanging, or trading it with a third party, or any other act constituting Real Money Trading (RMT); and
17. any other act that the Company reasonably determines to be inappropriate.
2. If the Company reasonably determines that a Registered User's transmission of information on the Service falls, or is likely to fall, under any of the items of the preceding paragraph, the Company may delete such information, in whole or in part, suspend its transmission, or take other measures, without prior notice to the Registered User. The Company shall bear no liability whatsoever for any damages incurred by a Registered User as a result of measures taken by the Company pursuant to this paragraph.
Article 9 (Suspension of the Service)
1. The Company may suspend or discontinue all or part of the use of the Service without prior notice to Registered Users if any of the following applies:
1. periodic or emergency inspection or maintenance of the computer systems relating to the Service is performed;
2. a computer, communication line, or other equipment stops due to an accident;
3. the Company is unable to operate the Service due to force majeure such as fire, power outage, or natural disaster;
4. any trouble, interruption or suspension of the provision of, discontinuation of linkage with, or change in specifications of, an External Service occurs; or
5. the Company otherwise reasonably determines that suspension or discontinuation is necessary.
2. The Company may terminate the provision of the Service based on its reasonable judgment. In such case, the Company shall notify Registered Users in advance.
3. The Company shall bear no liability whatsoever for any damages incurred by a Registered User as a result of measures taken by the Company pursuant to this Article.
Article 10 (Burden of Equipment, etc.)
1. The preparation and maintenance of computers, smartphones, software, and other equipment, communication lines, and other communication environments necessary to receive the Service shall be performed at the Registered User's own expense and responsibility.
2. A Registered User shall, at its own expense and responsibility, take security measures appropriate to its own usage environment for the Service, including measures to prevent computer virus infection and to prevent unauthorized access and information leakage.
3. Even if the Company has stored, for operational purposes, messages or other information sent or received by a Registered User for a certain period, the Company shall not be obligated to retain such information, and the Company may delete such information at any time.
4. When installing the Application on a Registered User's computer, smartphone, or other device, whether at the start of or during use of the Service, the Registered User shall exercise sufficient care to prevent the loss or alteration of information held by the Registered User, or any malfunction or damage to the device.
Article 11 (Reversion of Rights)
1. All ownership and Intellectual Property Rights relating to the Company Website and the Service belong to the Company or to those who license such rights to the Company, and the license to use the Service granted based on registration under the Terms does not, except as expressly set forth in the Terms, mean any transfer or license of the Intellectual Property Rights of the Company or its licensors relating to the Company Website or the Service. A Registered User shall not, for any reason, engage in any act that may infringe the Intellectual Property Rights of the Company or its licensors, including, without limitation, disassembly, decompilation, or reverse engineering.
2. The Company may use (including browsing, reproducing, copying, modifying, sublicensing to third parties, and any other use) text, images, videos, and other data posted or otherwise transmitted between a Registered User and another Registered User on the Company Website or the Service (hereinafter referred to as "Communication Records") to the extent necessary for the proper operation of the Service, only where any of the following applies, and the Registered User agrees to such use:
1. where the Company's systems detect that an act likely to cause discomfort to Registered Users, such as the transmission of an inappropriate message containing obscene expressions, has occurred on the Service; or
2. where a Registered User reports to the Company that an act set forth in the preceding item has been committed by another Registered User.
Article 12 (Cancellation of Registration, etc.)
1. The Company may, without prior notice or demand, temporarily suspend a Registered User's use of the Service or cancel the Registered User's registration if the Registered User falls under any of the following:
1. the Registered User has violated any provision of the Terms;
2. it is discovered that the Registration Information contains a false statement;
3. the Registered User has used or attempted to use the Service for a purpose or by a method likely to cause damage to the Company, another Registered User, an External Business Operator, or any other third party;
4. the Registered User has become unable to receive the provision of, or connection with, a service from an External Business Operator due to a violation of the External Terms of Use or for any other reason;
5. the Registered User has interfered with the operation of the Service by any means;
6. the Registered User has died;
7. the Registered User has not used the Service for six months or more and has not responded to contact from the Company;
8. the Registered User falls under any item of Article 3, Paragraph 3; or
9. the Company otherwise reasonably determines that it is not appropriate to continue the Registered User's registration.
2. The Company shall bear no liability whatsoever for any damages incurred by a Registered User as a result of any act taken by the Company pursuant to this Article.
Article 13 (Disclaimer of Warranty)
1. The Company makes no warranty whatsoever that Registered Users will be able to communicate on the Service without communication failures or other disruptions. The Service is provided on an "as is" basis, and the Company makes no warranty whatsoever regarding the Service, including, without limitation, fitness for a particular purpose, commercial usefulness, completeness, or continuity.
2. Even if a Registered User obtains, directly or indirectly, any information from the Company regarding the Service, the Company Website, other Registered Users of the Service, or any other matter, the Company makes no warranty whatsoever beyond what is set forth in the Terms.
3. The Service may be linked with External Services, but the Company does not warrant such linkage, and the Company shall bear no liability whatsoever for any impediment to linkage with an External Service, except where attributable to the Company.
4. If a Registered User uses an External Service, the Registered User shall comply with the External Terms of Use at its own expense and responsibility, and the Company shall bear no liability whatsoever for any dispute arising between the Registered User and the External Business Operator operating such External Service due to a violation thereof.
5. A Registered User shall, at its own responsibility and expense, investigate whether the use of the Service violates any law or regulation, industry association's internal rules, or the like applicable to the Registered User, and the Company makes no warranty whatsoever that a Registered User's use of the Service conforms to any law or regulation, industry association's internal rules, or the like applicable to the Registered User.
6. Any transaction, communication, dispute, or other matter arising between a Registered User and another Registered User, an External Business Operator, or any other third party in connection with the Service or the Company Website shall be handled and resolved at the responsibility of the Registered User, and the Company shall bear no liability whatsoever for such matters, except where attributable to the Company.
7. The Company shall bear no liability whatsoever to compensate a Registered User for any damages incurred in connection with the interruption, suspension, termination, unavailability, or modification of the Service by the Company, the deletion or loss of a Registered User's messages or information, the cancellation of a Registered User's registration, the loss of data or malfunction or damage to equipment arising from use of the Service, or any other matter relating to the Service, except where attributable to the Company.
8. Even where a link is provided from the Company Website to another website, or from another website to the Company Website, the Company shall bear no liability whatsoever with respect to any website other than the Company Website or any information obtained therefrom, except where attributable to the Company.
9. If the Company is unable to perform its obligations under the Usage Agreement due to a circumstance beyond the Company's reasonable control (including, without limitation, fire, power outage, hacking, computer virus intrusion, earthquake, flood, war, epidemic, trade embargo, strike, riot, inability to secure materials or transportation facilities, intervention, instruction, or request by a governmental or local authority, or the enactment, amendment, or repeal of any law or regulation in Japan or elsewhere), the Company shall bear no liability for default to a Registered User during the period such circumstance continues.
10. Even where the Company bears liability to compensate a Registered User for damages due to the application of the Consumer Contract Act or other mandatory law, or for any other reason, the Company's liability for compensation shall be limited to direct and ordinary damages, and shall not include indirect damages such as lost profits.
Article 14 (User's Liability for Damages, etc.)
1. If a Registered User causes damage to the Company by violating the Terms or in connection with the use of the Service, the Registered User shall compensate the Company for such damage.
2. If a Registered User receives a claim from, or has a dispute with, another Registered User, an External Business Operator, or any other third party in connection with the Service, the Registered User shall immediately notify the Company of the details thereof, handle such claim or dispute at the Registered User's own expense and responsibility, and report the progress and outcome thereof to the Company upon the Company's request.
3. If, in connection with a Registered User's use of the Service, the Company receives any claim from another Registered User, an External Business Operator, or any other third party due to infringement of rights or other reasons, the Registered User shall compensate the Company for any amount the Company is compelled to pay to such third party based on such claim.
Article 15 (Handling of Personal Information, etc.)
1. The Company's handling of a Registered User's personal information (meaning "personal information" as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information (APPI)) shall be governed by the Company's Privacy Policy separately established, and the Registered User agrees that the Company will handle the Registered User's personal information in accordance with such Privacy Policy.
2. The Company may use and disclose, at its discretion, information and data provided by a Registered User to the Company as statistical information in a form that does not identify any individual, and the Registered User shall not raise any objection thereto.
3. The Company may obtain from a Registered User information that the Company considers necessary to ascertain the Registered User's use of External Services, for the purpose of efficiently proposing the use of External Services to the Registered User on the Service; provided, however, that the Company does not warrant the accuracy of the usage status of an External Service proposed on the Service.
Article 16 (Term)
The Usage Agreement shall become effective on the date on which a Registered User's registration under Article 3 is completed, and shall remain valid between the Company and the Registered User until the earlier of the date the Registered User's registration is cancelled or the date the provision of the Service is terminated.
Article 17 (Amendment of the Terms, etc.)
1. The Company may freely change the content of the Service (including changes to External Services proposed for use on the Service).
2. The Company may amend the Terms (including any rules or provisions relating to the Service posted on the Company Website; the same shall apply in this paragraph). When amending the Terms, the Company shall announce the content of the amendment and the effective date thereof by a method determined by the Company, by the effective date. If a Registered User uses the Service on or after the announced effective date, or fails to complete the procedure for cancellation of registration within the period determined by the Company, the Registered User shall be deemed to have agreed to the amendment of the Terms.
Article 18 (Contact/Notice)
Inquiries regarding the Service and any other communications or notices from a Registered User to the Company, and any communications or notices from the Company to a Registered User, including notices regarding amendment of the Terms, shall be made by the method determined by the Company.
Article 19 (Assignment of the Terms, etc.)
1. A Registered User shall not assign, transfer, create a security interest in, or otherwise dispose of its status under the Usage Agreement or any right or obligation under the Terms to a third party without the Company's prior written consent.
2. If the Company transfers the business relating to the Service to a third party (regardless of the method, including business transfer or company split), the Company may transfer its status under the Usage Agreement, its rights and obligations under the Terms, and the Registered User's Registration Information and other customer information to the transferee in connection with such transfer, and the Registered User agrees in advance to such transfer under this paragraph.
Article 20 (Entire Agreement)
The Terms constitute the entire agreement between the Company and a Registered User regarding the matters contained herein, and supersede any prior agreements, representations, and understandings between the Company and the Registered User, whether oral or written, regarding the matters contained herein.
Article 21 (Severability)
Even if any provision or part of a provision of the Terms is determined to be invalid or unenforceable under the Consumer Contract Act or other applicable law, the remaining provisions of the Terms, and the remaining part of any provision determined to be invalid or unenforceable, shall remain in full force and effect, and the Company and the Registered User shall amend such invalid or unenforceable provision or part to the extent necessary to make it valid and enforceable, and shall endeavor to secure an effect equivalent to the original provision or part, both in purpose and in legal and economic terms.
Article 22 (Survival)
The provisions of Article 5, Article 6, Paragraph 2, Article 7, Article 8, Paragraph 2, Article 9, Paragraph 3, Article 10, Article 11, Article 12, Paragraph 2, Articles 13 through 15, and Articles 19 through 23 shall survive the termination of the Usage Agreement.
Article 23 (Governing Law and Jurisdiction)
The Terms shall be governed by the laws of Japan, and any and all disputes arising out of or in connection with the Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.
Article 24 (Resolution through Consultation)
If any matter is not provided for in the Terms, or any question arises regarding the interpretation of the Terms, the Company and the Registered User shall consult with each other in good faith to resolve the matter promptly.
