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Terms of Service of Baaaa

Effective: 2023/04/25
Last Modified: 2023/04/25

1. Terms

Welcome to Baaaa (the “App”), which is owned and operated by WED, Inc. a Japanese Company located SSU Building 101, 4-12-8 Sendagaya, Shibuya-ku, Tokyo 151-0051, Japan (“WED” or “we / us”).
Please read carefully these Terms of Service (the “Terms”) as the Terms govern the access of users (the “User/s” or “you”) to and use of the App. The Terms also govern Users’ interaction with the website we own or operate regarding the App and purchase of merchandise Users make through the App (the “Services”).
By using the Services, Users agree to be bound by the Terms. Users who do not agree to these Terms may not use the Services. We may modify these Terms at any time, and if we do, we will notify Users by posting the modified Terms on our website or in the App.
It is important that Users review any modified Terms before continuing to use the Services. If Users continue to use the Services, they are bound by the modified Terms. Users who do not agree to be bound by the modified Terms, may not use the Services.
If Users breach these Terms, WED may take action against such Users, including but not limited to terminating Users’ account. Users acknowledge that WED has no obligation to, and will not, reimburse or refund Users for App lost due to involuntary suspension or termination of Users’ account.

2. Privacy

Our App is designed to enable Users to interact in the App world blended with information from the real world. In order to do so, WED needs information about Users, and WED only uses Users’ information where WED has a legal basis to do so.
Please refer to our Privacy Policy to help you understand what information we collect, how we use it and what choices Users have when using our Services.

3. Changes to the Terms

WED reserves the right to amend these Terms:

  1. if WED considers that amendments need to be made for legal reasons including any changes in laws,
  2. due to technical necessity,
  3. to maintain company operations,
  4. for the benefit of Users, and/or
  5. if WED determines for any other reason, in its sole discretion, that such amendments are required.
Once the amendment becomes effective, a User who objects to such amendments must immediately cease downloading, installing, and using the Services. In the event such objecting User has already installed the Services, such User shall uninstall the Services.
If a User does not expressly object to an amendment of the Terms or if the User uses the Services again after the amended terms and conditions become effective, it shall be deemed that the User consents to the Terms as amended.

4. Use of the Services

Users agree that they are responsible for their own conduct while using the Services, and for any consequences thereof.
Prohibited Conduct
WED prohibits any action that attempts to or alters or interferes with the normal behavior or rules of the Services. WED prohibits in particular any of the following behavior, on your own behalf or on behalf of others:

  1. Using the Services for any illegal purpose,
  2. Impersonating another person or entity,
  3. Posting or transmitting any content that is defamatory, obscene, or offensive,
  4. Hacking, cracking, or otherwise attempting to gain unauthorized access to the App or its servers,
  5. Modifying or attempting to modify the App in any way.
Safe and appropriate Use
While you are using our Services, please be aware of your surroundings, and play and communicate safely. You agree that your use of the Services is at your own risk, and that you will not use the Services to violate any applicable law, regulation, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
Eligibility
Children are allowed to access or use the Services. In the meaning of these Terms, a “Child” is a person (a) under 13 years old (for residents outside of the EEA, except for the Republic of Korea); (b) under 16 years old or such age needed to consent to the processing of personal data in their country of residence (for residents of the EEA); or (c) under 14 years old (for residents of the Republic of Korea). Users who are 13 years of age but under the age of majority in their area: THE PARENT OR GUARDIAN MUST PROVIDE CONSENT TO THEIR CHILD’S REGISTRATION WITH OR USE OF THE SERVICES. THE PARENT OR GUARDIAN AGREES TO BE BOUND BY THESE TERMS WITH RESPECT TO SUCH CHILD’S USE OF THE SERVICES.
Where applicable, the verification and consent process for Children is performed by one of several third-party providers (“Verification Provider“). The Parent must register with the Verification Provider before a Child may use the Services. The Verification Provider will ask the Parent to verify their identity and to consent to the creation of an Account for the Child. Upon receipt of Parent verification and consent, the Verification Provider will enable the Parent to create an Account for the Child. Parental consent applies exclusively to the Service for which it has been granted.A person with parental authority for a minor accepts full responsibility for any unauthorized use of the Services by that minor. A person with parental authority for a minor is responsible for any use of their credit card or other payment instrument (e.g. PayPal) by such minor. A person with parental authority who wishes to rescind their previously provided consent to a Child’s access to and use of the Services should proceed to the termination of the account.
Account Registration
In order to use the Services, Users will have to create an account with us (an “Account“), and you will also need access to a supported mobile phone and an Internet connection.
Users can create an Account using their pre-existing Apple ID.
Users agree not to disclose their Account password to anyone and will notify us immediately of any unauthorized use of their Account. WED takes its account security obligations seriously; however, Users are responsible for all activities that occur under their Account, whether or not Users know about them.
Account Suspension
WED may suspend or terminate Users’ access to and use of the Services, at its sole discretion, at any time and without notice to Users, if ;
  1. Users fail to comply with these Terms,
  2. WED suspects fraud, cheating, or misuse by Users, or
  3. WED suspects any other unlawful activity associated with such User’s Account.
Account Termination
WED may terminate any User’s access to and use of the Services and the Account for any violation of these Terms and may delete such User’s Account and purchase associated therewith. If WED terminates an User’s access to and use of the Services and the Account, WED will not have any liability to such User for any time spent by the User and/or any purchase item.

5. Limited License of Rights (e.g. Intellectual Property)

The Services are provided for the User’ enjoyment, and unless otherwise specified, solely for the User’s own personal use. WED hereby grants the User a personal, non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Services for the User’s own non-commercial entertainment purposes, subject to the User’s complete compliance with these Terms. The User acknowledges that the time spent on or using the Services, is solely for the User’s personal entertainment purposes, and that no monetary value can be attributed to such time, and that, except for the license granted herein, the User is not entitled under the law to use or have access to the Services.
WED shall own all rights and titles in and to:

  1. the content, including the text, software, images, programs, trademarks, logos, and any other features that is part of the Services, and
  2. all code, programming, and any associated patents or proprietary rights related to the Services or the underlying game.
These Terms shall not transfer any rights (e.g. intellectual property rights) relating to the Services to the User other than the right to access and use of the Services. The User acknowledges that WED’ intellectual property contained within the content and the Services are valid and protected in all media existing now or developed later in the future, and acknowledges that the User does not acquire any ownership rights in or to this intellectual property.
WED does not grant the User any express or implied rights or licenses in or to the Services other than what is expressly set forth herein. Furthermore, the User may not modify, copy, adapt, reverse engineer, de-compile or otherwise reduce to a human perceivable format, distribute, transmit, transfer, license or sublicense, publicly display, or sell in any form or by any means, in whole or in part, the App’s content.
WED reserves the right to modify, amend, and update the Services at any time and for any reason. The User agrees that WED will not be liable to the User or any third-party for any such modification, suspension, or termination.
WED reserves the right to set, create, and change at its discretion the specifications, rules, design, audiovisual expressions, effects, parameters, and all other matters in the Services.
The names, trademarks, service marks, and logos of WED belong exclusively to WED and are protected from reproduction, imitation, dilution, or confusing or misleading use under trademark and copyright laws. All other trademarks, service marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited, and nothing stated or implied in connection with the Services grants Users any license or right under any patent or trademark of WED or any third-party.

6. Purchase within the App

It shall be possible to use the Services for free, but the User may decide to purchase additional features (“Paid For Features”).
Paid For Features can only be used as long as the Services are provided. After the termination of the Services, the User cannot continue to use any Paid For Features.
The pricing of the Paid For Features shall be described before any purchase can be made. The price for the desired Paid For Features will be shown in the currency applicable to the User’s region. WED will have the right to amend or change the prices prospectively. If a price determined by WED is amended, the amended price shall be displayed.
Users can purchase Paid For Features by selecting the desired additional feature, selecting the desired payment method, and tapping the relevant button to confirm their intention to purchase the Paid For Features, and which concludes the purchasing process.
The payment options may vary according to the User’s region and the technical feasibility of the payment options available in the market.
The money will be collected via the respective platform as specified at the point of purchase.
The User shall not be able to transfer items purchased to another Account or sell or transfer their Account.
If a minor uses such Paid For Features under the Account of an adult, valid power of representation and the consent of such adult shall be required in order for the minor to use the Services (including their consent to these Terms and to the paragraphs in this article) and only they shall be the contractual party of WED, bound by these Terms.
If a minor of the age of 13 or above uses this Services, the consent of a legal representative such as a parent is necessary for all use of the Services, including use of Paid For Features such as purchase of items.

7. Disclaimer of Warranties

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET USERS’ REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
USERS ASSUME ALL RISKS RELATING TO USER ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM USERS COMMUNICATE OR INTERACT AS A RESULT OF USER’S USE OF THE SERVICES. USERS UNDERSTAND THAT WED DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. WED MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. USERS AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM USERS COMMUNICATE OR INTERACT AS A RESULT OF USERS’ USE OF THE SERVICES, PARTICULARLY IF USERS DECIDE TO MEET OFFLINE OR IN PERSON.

8. Limitation of Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WED NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE TO USERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR PERSONS WITH WHOM USERS COMMUNICATE OR INTERACT AS A RESULT OF USERS’ USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9. Indemnity

The User agrees to reimburse WED for all damages resulting from the violation of these Terms. The User releases WED from any third-party claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) that third parties may incur as a result of or arising from the User’s violation of (i) these Terms; (ii) any law or regulation; or (iii) a third party’s proprietary or intellectual property right.

10. Force Majeure

WED is not liable for any failure to perform its obligations hereunder due to external, unforeseeable, and irresistible circumstances, such as changes or problems caused by natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, pandemics (including government requests relating to a pandemic), or shortages of transportation facilities, fuel, energy, labor, or materials.

11. Governing Law and Jurisdiction

Before bringing a formal legal case, the User should contact WED. Most disputes can be resolved that way. These Terms shall be governed in all respects by the laws of Japan. Users agree that any claim or dispute Users may have against WED must be resolved exclusively by the Tokyo District Court in Japan. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded. The mandatory provisions of the region in which the User resides in shall remain unaffected by this choice of law.

12. General

Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between WED and Users regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between WED and Users regarding the Services.
Severability
If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. Users may not assign or transfer these Terms, by operation of law or otherwise, without WED’s prior written consent. Any attempt by Users to assign or transfer these Terms, without such consent, will be null. WED may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Notice
Any notices or other communications provided by WED under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address Users provided.
Waiver
WED’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WED. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms or the Services, please contact WED at:
request@baaaa.app
SSU Building 101, 4-12-8 Sendagaya, Shibuya-ku, Tokyo, 151-0051, Japan