Penguin Diary Terms of Use The "Penguin Diaries Terms of Use" (the "Terms of Use") defines the terms and conditions of use of Penguin Diaries (the "Application") provided by Masao Saeki (the "Provider"). This Agreement (the "Agreement") sets forth the terms and conditions of use of Penguin Diary (the "Application") provided by Masao Saeki (the "Provider"). Those who use the Application (hereinafter referred to as "Users") shall agree to these Terms and Conditions. If you do not agree to these Terms, please contact us. If you do not agree to these Terms, please stop downloading, installing, or using the Application. By downloading, installing, or using the Application, the User shall be deemed to have agreed to these Terms.

Article 1 Responsibility and Rights of Users

Users shall use the Application at their own risk, and agree to take full responsibility for any and all actions that violate their obligations under these Terms, any and all actions taken using the Application, and any damages incurred as a result of such actions (including damages that may be incurred by the provider). The user's right of use is non-exclusive and may not be sublicensed, transferred, or succeeded to a contractual position by a third party. Users shall be responsible for preparing the equipment (including smartphones and tablets) and network environment to run the Application at their own expense and responsibility.

Article 2 Usage Fees

There is no usage fee for this application.

Article 3 Intellectual Property Rights

All rights, including copyrights, trademark rights, and portrait rights, related to all data, text, audio, video, illustrations, and information provided through this application belong to the provider or a third party who has the relevant rights.

Article 4 Prohibited Matters

Users must not commit any of the following acts when using this application. In the event that the Provider or a third party suffers damage as a result of the User's violations, the User shall be liable to compensate for such damage.

Use of the Application in a manner other than that approved by the provider

Use of this Application for commercial or for-profit purposes beyond the scope of personal use.

Acting in a manner that interferes with or hinders the operation of this Application (or the server or network to which this Application is connected)

Using this application by impersonating a third party.

Duplicating, reprinting, or redistributing all images, data, information, etc. used in this Application, regardless of whether they are free of charge or in any form, without the prior written consent of the provider.

Acts that infringe on the copyrights, patent rights, utility model rights, design rights, trademark rights, know-how, or any other intellectual property rights of the provider or a third party.

Conducting inappropriate acts to obtain privileges, etc.

Committing any other acts that the provider deems inappropriate based on reasonable grounds.

Article 5 Disclaimer

This application is provided on an "as is" basis. The provider does not guarantee the completeness, usefulness, guaranteed operation, suitability for a specific purpose, suitability for the equipment used, or any other matters regarding this application. In addition, the provider shall not be liable for any damage incurred by the user or a third party due to communication failure, defect or failure of system equipment, etc., or use of the Application. In the event that this application calls up other applications or uses the functions of other applications through the operation of the user, the provider shall not be liable for the specifications, operation, or effects of said applications.

Article 6 Change, suspension or termination of the Application

The provider may change the contents, display, operation method, operation method, etc. of the Application, or suspend or terminate the provision of the Application without prior notice to the user. In this case, the provider shall not be liable for any event arising from such change or suspension. In the event that a user violates any of the provisions of this Agreement, the provider may terminate this Agreement with the user and terminate the use of this Application for the user without any notice.

Article 7 Changes to the Terms

This Agreement is subject to change without prior notice and without the prior consent of the User. If you use this application after the changes are made, you will be deemed to have agreed to the changes. In the event of a change to the Terms, the provider will notify or announce the change to the user by posting on the Application or by other means deemed appropriate by the provider.

Article 8 Handling of Personal Information

The provider shall handle personal information appropriately in accordance with the "Privacy Policy". The provider shall acquire personal information only to the extent necessary for the provision, operation, development, and improvement of the Service and the support of the user, and shall not acquire more personal information than necessary without the consent of the user.

Article 9 Withdrawal from the Service

If a user wishes to withdraw from the service, the user shall apply to the provider for withdrawal from the service according to the method prescribed in this application. The provider may, at the provider's discretion, forcibly withdraw the user from the service and refuse the use of the service if the user commits any of the following acts.

When the user violates these Terms of Use or other conditions of use, etc.

In any other cases where the provider deems it inappropriate.

Article 10 Governing Law and Jurisdiction

These Terms of Use shall be governed by the laws of Japan. If any dispute arises between the provider and the user in relation to the Terms or the Application, the Tokyo District Court shall be the exclusive court of first instance.

These Terms of Use shall come into effect on November 22,2021