Terms of Use

CHARADAN (hereinafter referred to as the "Service") is an information service provided by LDH DIGITAL Inc. (hereinafter referred to as "the Company").

These Terms of Use (hereinafter referred to as the "Terms of Use") shall apply to all matters relating to your use of the Service, including your purchase of all in-app items (hereinafter referred to as "Items") and in-app points (hereinafter referred to as "Dancoins") for the Service (the agreement for use of the Service pursuant to the Terms of Use shall hereinafter be referred to as the "Agreement").

Please read the entire Terms of Use and use the Service only if you agree to the Terms of Use.

If you are a person of limited capacity to act such as minor (hereinafter referred to as "Minor, etc."), please be sure to obtain the consent of your legal representative (guardian, person with parental authority, etc.) before you start using the Service.

If you do not agree to the Terms of Use, you are not permitted to use or access any of the Company’s services or content (including web pages).

■ Article 1 (Scope of Application)

1. The purpose of the Terms of Use is to define the terms and conditions of the Service and the rights and obligations of the Company and the Member (as defined in Article 2, Paragraph 1) in relation to the use of the Service. The Terms of Use shall apply to all relationships between Member and the Company regarding the use of the Service.
2. The terms and conditions regarding the use of the Service presented by the Company through its website and applications used in connection with the Service (hereinafter referred to as "the Application") shall constitute a part of the Terms of Use. However, in the event of any conflict between the content of the Terms of Use and the content of such terms, the Terms of Use shall prevail over such terms, unless otherwise specified in such terms.

■ Article 2 (Membership Registration)

1. By using the Service, you are deemed to have agreed to the Terms of Use and to have registered as a member. (Registered customer will be referred to as "Member").
2. The Company reserves the right to cancel a membership registration if it confirms that any of the following applies to a person who has registered as a member. Reasons for cancellation, invalidation, revocation, or termination of membership are not limited to those listed below.
a. When the Company recognizes that there is a false fact or content in the information provided by the Member at the time of member registration.
b. When a person whose use of the Service has been temporarily suspended due to a violation of the Terms of Use is registered as a duplicate member, or a person whose eligibility to use the Service has been revoked in the past is registered as a member again.
c. When the Company determines that you or a person equivalent thereto is a crime syndicate, a company affiliated with a crime syndicate, a corporate racketeer, or a person equivalent thereto, or a member thereof (hereinafter collectively referred to as "Anti-Social Forces").
d. When the Company determines that you are involved in any interaction or involvement with Anti-Social Forces, such as cooperating or participating in the maintenance, operation, or management of Anti-Social Forces through the provision of funds or otherwise.
e. Other than the content listed in (a) through (d) above, when the Company determines it extremely inappropriate for you to register as a member.
3. The Company shall not be liable for any damages or losses caused by third parties illegal use of Member’s registered information except in case of intent or negligence on the part of the Company.
4. Minor, etc. must obtain the consent of a guardian or person with parental authority before accepting the Terms of Use and registering as a member.
5. In addition to the preceding paragraphs, information regarding Company's use of information provided by Member shall be handled in accordance with Article 11.

■ Article 3 (Account)

1. Member shall strictly manage own user IDs, etc. for the Service (hereinafter referred to as "Account") at the Member’s own responsibility.
2. Member may not lend, transfer, sell, or otherwise make the Account available to third parties.
3. Members must immediately report to the Company if Member believes that the Account may be interfering with the provision of the Service by the Company, including the discovery of unauthorized use of the Account by a third party.
4. The Company may deem any act of use of the Service made using the Account to be made by the Member to whom such Account pertains.
5. The responsibility for damages caused by inadequate management of the Account, errors in use, use by third parties, etc. shall be borne by the Member whose Account is the subject of the relevant Account, and the Company shall not be liable except in cases of willful misconduct or negligence on the part of the Company.

■ Article 4 (Usage Fees)

1. The Service can be used for free of charge, except for some services and contents.
2. The fee for this service is based on the amount indicated on the purchase screen of each market.
3. The Service may be unavailable for a period of time due to server maintenance and various data communication connection conditions.
4. The Service includes services that require separate communication charges associated with the communication method used, such as downloading and playing the Application. Communication charges for using the Service shall be borne by the Member. It is recommended to subscribe to a flat-rate communication service when using the Service.
5. When a Minor, etc. uses a paid service or makes a payment for the purchase of paid content, Minor, etc. shall do so with the consent of the Minor, etc.’s legal representative. In cases where a Member is a Minor, etc., if the Member uses paid services or purchases paid content (including the recharging of Dancoins as specified in the following article) by falsely claiming to have the consent of a legal representative even though the Member does not have such consent, or by falsely claiming to be of legal age, etc., or by using other fraudulent means to make the Member believe the Member is of legal capacity, the Member and the Member's legal representative may not rescind any legal action related to such use or purchase. If a Member who was a Minor, etc. at the time of such use or purchase uses the Service after ceasing to be a person of limited capacity, such Member shall be deemed to have ratified such legal acts.
6. If a Member fails to transfer data and individual contents such as Items purchased within the service (hereinafter referred to as "Items, etc.") or Dancoins are lost, the Company shall not be liable, except in cases of willful misconduct or negligence on the part of the Company.
7. Member will lose the rights to Items, etc. purchased through the Service and to Dancoins if the Member is subjected to actions under Article 16 (Prohibitions).

■ Article 5 (Dancoins)

1. Member may acquire Items, etc. on the Service by recharging Dancoins to the Account in the prescribed manner and consuming the recharged Dancoins.
2. There are two types of Dancoins: free Dancoins, which are provided free of charge to Member by the Service, and paid Dancoins, which are charged by Member who pays for the amount of information and usage fees, etc.
3. Member may charge the Account with Dancoins in proportion to the amount by paying information fees, usage fees, etc. indicated on the purchase screen of each market.
4. Member may acquire Items, etc. by specifying and spending the number of Dancoins required to acquire the Items, etc.
Once it is verified that the number of Dancoins specified by the Member is within the range of the number of Dancoins in the balance, the number of Dancoins consumed is deducted from the balance in the Account and the balance is updated.
Member may not cancel the consumption of Dancoins once consumed, nor may the Member return acquired Items, etc., unless otherwise stipulated by law or otherwise determined by the Company.
5. If a Member possesses both free and paid Dancoins, the free Dancoins will be consumed first. Paid Dancoins will be used starting from the earliest acquisition date and time.
6. Dancoins are unique to each Account and may not be transferred, loaned, sold or renamed to another Member's Account. Dancoins may not be combined from different Accounts, even if they belong to the same person.
7. Member may check the balance, purchase history, usage history, and other details of Dancoins at any time, within certain limits, on the history screen provided by the Company. Unless otherwise stipulated by the Company, the Company shall not provide any notification other than updating the history screen.
8. Dancoins is a service attached to the Account and it is not possible to unregister only the Dancoins service.
9. There is no expiration date for Dancoins, however, they will be changed automatically into Items, etc. which the Company will specify according to the balance of the Dancoins upon reaching the 180 days from the date of the charge.
Member is requested to complete the acquisition of the desired type of Items, etc. within 180 days from the date the Dancoins are recharged.

■ Article 6 (Termination of Service)

1. Member may terminate the Agreement at any time by submitting for a deletion of member registration to the Company from the prescribed methods.
2. If 180 days pass without a Member logging in to the Application, the Company may delete all or part of the character data and registration information. The Company shall not be liable for any damage or loss incurred by the Member as a result of such deletion.

■ Article 7 (Restriction or Suspension of Use of Service or Termination of the Agreement)

1. The Company may restrict or suspend the Member's use of the Service or terminate the Agreement if any of the following occurs
(1) When there is or may be a violation of the Terms of Use.
(2) When any of the items in Article 2 (Membership Registration), Paragraph 2 applies.
(3) When information provided or registered by the Member is false.
(4) When a Member calls or is called for a bankruptcy or civil rehabilitation.
(5) When payment service providers in use of the Service determines that the payment is invalid or canceled.
(6) When the Company reasonably determines, based on rational grounds, that Article 16 (Prohibitions) of the Terms of Use are applicable.
(7) When the Account is leaked or a device is lost due to careless management by the Member, resulting in damage to the use of the Service or unauthorized use by a third party is found.
(8) Any other cases when the Company reasonably determines, based on rational grounds, that the operation of the Service will be interfered.
2. If a Member falls under any of the items of the preceding paragraph, the Company may suspend or limit the use of the relevant service or terminate the Agreement for all other service use agreements provided under the Terms of Use.
3. If a Member registers for multiple memberships and has multiple Accounts, and if any of the Accounts are suspended, or restricted, or the Agreement is terminated in accordance with the preceding paragraphs, the Company may suspend or restrict the use of the Service or terminate the Agreement for all Accounts that Member has registered for the Service.
4. The Company shall not be liable for any loss or damage incurred by a Member as a result of actions taken in accordance with this Article, except in cases of willful misconduct or negligence on the part of the Company.

■ Article 8 (Support)

1. The Company is under no obligation to respond to all inquiries from Member regarding the Service.
2. If Member wishes to inquire about the Service, the Member shall use the method specified by the Company.

■ Article 9 (Intellectual Property Rights)

1. All copyrights and other intellectual property rights related to images, video, music, text, programs, information, etc. (hereinafter referred to as "Content") provided by the Company to Member on the Service belong to the Company or the licensors who have granted rights to the Company. Member may not allow any third party to use or publish the Content without the permission of the Company and the licensors.
2. Member may only use the Content provided by the Service on the device compatible with the Application from which they downloaded it. Member may not reproduce, duplicate, modify, store, reverse engineer, or transmit the Application without the Company's permission.
3. Members shall not engage in any activity that infringes or may infringe upon the rights of the Company or any third party with respect to the Service.
4. Member may not use the Content of the Service beyond the scope of personal use as stipulated in the Copyright Law.
5. If a Member violates the provisions of this Article and a problem arises, the Member shall resolve the problem at their own expense and responsibility, and shall not cause any inconvenience or damage to the Company or any third party.
6. Member may not create or make any derivative works, fanfictions, or secondary use of the Content.
7. Notwithstanding the preceding paragraphs, Member may engage in the following acts
(i) Using an Android-compatible device, save videos or video images of "Favorite Chara" and "My Chara" dancing within the Service using the share function of the Application and upload them to X(Twitter), TikTok, Instagram, or LINE.
(ii) Using an iOS-compatible device, save videos or video images of "Favorite Chara" and "My Chara" dancing within the Service using the share function of the Application and upload them to X(Twitter), TikTok, Instagram, or LINE.
8. Of the music services used in the Service, "AWA" is available only in Japan.

■ Article 10 (Trademarks)

1. All trademarks, logos, and service marks (hereinafter collectively referred to as "Trademarks") displayed on the Service are registered or unregistered Trademarks of the Company or third parties.
2. The Company shall not assign or license any trademarks related to the Service to Member or other third parties under the Agreement, and Member may not register trademarks for unregistered trademarks on the Service.
3. Member shall not apply for registration of patent rights, utility model rights, design rights, or trademark rights (including the right to obtain patent, utility model, or design rights) related to the Service, and shall not apply for registration or transfer of any copyrights (rights in programs, documents, routines, modules, etc.).

■ Article 11 (Personal Information)

Regarding the handling of personal information held by the Company, the "Privacy Policy" set forth by the LDH Group and the "Privacy Policy" set forth by the Company for the Service shall apply.

■ Article 12 (User Data, etc.)

1. The Company may change or delete all Application information created, submitted or saved by Member on the Service without prior notice to Member.
2. The Company may change or delete text or image information disclosed by the Member to an unspecified third party through the Service without prior notice to the Member.
3. The Company shall not accept transfer of all or part of the user data to other user data regardless of the reason.
4. Member shall not rent, sell, or resell all or part of their user data to third parties for commercial purposes, or obtain any other property value, including cash or electronic currency.
5. The Company may review information submitted by Member primarily to protect Member and the Application environment of the Service from damage caused by activities that violate the Agreement.

■ Article 13 (Prohibition of Transfer of Rights)

Member may not transfer their rights or obligations under the Agreement to any third party.

■ Article 14 (User Responsibility)

1.The Company shall not be liable for any loss or damage incurred by a Member in using the Service, unless such loss or damage is caused by the intentional or negligent fault of the Company.
2. Members shall be responsible for their use of the Service and all actions and results of their use of the Service, and shall be responsible for resolving at their own risk and expense any damages caused to the Company or third parties as a result of their use of the service.
3. The Company shall not guarantee a permanent or unlimited access to data and information, including Dancoins and virtual items, etc., provided on the Application.
4. Except in cases of intent or negligence by the Company, the Company shall bear no responsibility for loss of data, Dancoins, virtual items, etc., and other losses due to delay, failure, malfunction, error, temporary disconnection or change of network.
5. Member shall, at their own discretion, avoid excessive use of the Service that may disrupt a healthy living environment. The Company shall not be liable for any social, emotional, or physical damage caused by a Member's deviation from the above appropriate use, unless the deviation is intentional or negligent on the part of the Company.

■ Article 15 (Liability for Damages)

1. If the Company suffers damages as a result of the Member's actions, or if the Company receives claims from another Member or third parties as a result of a Member's actions and suffers damages, the Company may demand compensation from the Member, and the Member who receives the claim shall immediately pay the claimed amount to the Company.
2. If the Company suffers damages as a result of a dispute with another Member or a third party, the Member shall compensate the Company for the damages (including attorney's fees).
3. If a Member, in using the Service, commits an act that infringes or may infringe on the Company's rights or interests, the Company may demand that the Member be restrained from committing such an act or demand compensation for damages.

■ Article 16 (Prohibitions)

In using the Service, Member shall not engage in any of the following acts
(1) About Service
a. Intentional use of malfunction of the Service, falsification of parameters, alteration of programs, or analysis by disassembling or other methods
b. Intentional use of program malfunctions or failures for illegal purposes, or incitement of another Member to use such malfunctions or failures.
c. Alteration, deletion, or other unauthorized access or attempt to alter or delete information posted on the Service.
d. Interfere with the operation of the Service or the network system.
e. Interference with communications, interception of communications, intrusion into servers, or information theft.
f. Submitting or transmitting harmful programs, such as viruses, that will cause damage.
g. Use of devices, equipment, or tools that automatically move characters
h. Submitting or transmitting compressed URLs, shortened URLs, or forwarded URLs, or causing others to post or access them unintentionally
i. Submitting or transmitting links or URLs to sites that are not authorized by the Service.
j. Multiple Members using the same device, ID, or passwords.
k. Re-admission of a Member who has been terminated in the past due to violations, etc.
l. Hiding or changing the source name and modifying header of any Content delivered by the Company.
(2) Communication and personal information
a. Disclosing personal information such as names, addresses, photographs, etc. of the Company or third parties
b. Infringing the honor, credit, privacy rights, publicity rights, or other rights of the Company or third parties.
c. Unjustified slander, insult, harassment, or any other act that causes economic or emotional damage to a third party
d. Expressions or acts that lead to discrimination based on ethnicity, race, gender, age, etc.
e. To use the Service under the name of aanother person, to deceive another Member with a Similar name, or to use the Service with false information that is different from the truth.
f. Impersonating another person or organization by using another person's name or the name of a company or other organization.
g. Impersonating an employee or support personnel of the Company
h. Notifying a third party that harm will be caused with the intent to cause fear
i. Using the Service for the purpose of dating.
j. Inducement or solicitation for the purpose of actually meeting, such as an offline meeting
k. Posting or transmitting information such as telephone numbers, e-mail addresses, IDs or passwords
l. The following spamming activities
(i) Spam messages (i.e., one or more Members writing or sending messages with the same or similar text in posting areas in the Service)
(ii) Spam words (i.e., one or more Members who write or send messages that list multiple words that are irrelevant or of little relevance to the Service's writable areas, or write long sentences or large numbers of words that have no meaning).
(iii) Other activities that the Company deems to be spamming.
m. Selling, buying, or exchanging Contents (such as Dancoins and virtual items, etc.) provided within the Service for other items (RMT and different types of trade), as well as chatting, advertising, and similar activities for the purpose of such activities.
n. Lending, transferring, selling, or otherwise allowing a third party to use the Member's Account (user ID and password), regardless of the method used.
о. Collecting or storing personal information about another Member.
(3) Public order, religious, political and commercial activities
a. Uploading any revealing or sexually explicit content, images, or links including child pornography, child abuse, prostitution, or content that suggests such content.
b. Activities that lead to crimes such as fraud, illegal drugs, child prostitution, illegally selling devices, savings accounts , etc.
c. Creating, contracting, intermediating, or soliciting any criminal activities.
d. Transmit any violent footage or content that includes murder, injuries, dead bodies, or any other violent actions.
e. Express or encourage self or group suicide, illegal drugs, or other obscenities.
f. Solicitation to organizations, religious activities, or pyramid schemes that are not permitted by the Service.
g. Pre-election campaigning or electioneering (including similar activities) and acts in violation of the Public Office Election Law
h. Posting or transmitting information for the purpose of commercial advertisement or promotion that is not permitted by the Service.
i. Selling, buying, exchanging, donating, or any other similar activities for goods, rights, or services that are not permitted by the Service
(4) Others
a. Any acts that infringe on the copyrights, intellectual property rights, portrait rights, trademark rights, or other rights of the Company or any third party
b. Actions that violate laws and regulations, public order and morals, common sense, or the Agreement.
c. Other acts that the Company reasonably determines, based on reasonable grounds, to be inappropriate for a member of the Service.

■ Article 17 (Disclaimer)

1. The Company may temporarily suspend or terminate the Service without prior notice to Member in case of the following.
(1) When performing periodic or emergency maintenance or when the Service requires hardware, software, or network upgrade.
(2) When it is difficult to provide the Service due to natural disasters.
(3) When it is difficult to provide the Service due to fire, power failure, or other unforeseen accidents.
(4) When it is difficult to provide the Service due to war, conflict, upheaval, riot, labor dispute, etc.
(5) In any other case that the Company deems necessary.
2. The Company shall not be liable for any damages incurred by Member as a result of the use of the Service (delays, non-transmissions, errors, system downtime, transmission failures, loss of data, items, or characters from service interruptions, malfunctions, or any other damage to the device used by Member), unless such damage is intentional or negligent on the part of the Company.
3. Personal information and other data related to Member may be lost or destroyed due to force majeure beyond the Company's expectation, such as malfunction, trouble, or power failure of the equipment providing the Service, as well as communication line malfunctions. In addition, personal information and other Member-related data may be lost or delayed due to system failures. The Company shall not be liable for any loss or delay of personal information or other data related to Member due to such events, except in the case of willful misconduct or negligence on the part of the Company.
4. The Company shall not be obligated to pay any expenses (telephone charges, communication charges, charges for using the Service, etc.) incurred by the Member as a result of the interruption of the Service.
5. The Company shall not be liable to Member or third parties for any defects that may occur in the use of the Service, except in cases of intentional misconduct or negligence on the part of the Company. The Service is provided on a "as is" and "as available" basis at the time the Company provides the Service to Member, and Member acknowledge in advance that the Company shall not guarantee that the Service will be free from defects. Therefore, the Company shall not guarantee the completeness, accuracy, or availability of any information (including programs) obtained through the use of the Service by Member.
6. The Company shall not be liable to any Member or other third party for any consequences of the Company's actions in accordance with the provisions of the Agreement or for any consequences arising from the Member's use of the Service, regardless of the cause, except in cases of intentional or negligent conduct on the part of the Company.
7. In the event that the Company's negligence (excluding gross negligence) causes damage to a Member in relation to the Service, the Company shall be liable only for direct and ordinary damages actually incurred by the Member, regardless of default, tort or other cause of action. The amount of compensation shall be limited to the higher of either the total usage fees paid by the Member to the Company for the Service for the most recent month or 1,000 yen.

■ Article 18 (Discontinuation of Service)

1. The Company may discontinue the Service, in whole or in part, at any time.
2. The Company will notify Member in advance if all or part of the service is to be discontinued.

■ Article 19 (Notices)

1. The Company may notify Member of information necessary for the operation of the Service by displaying or posting such information on the Service's website or in the Application.
2. The notices mentioned in the preceding paragraph shall take effect from the time it is displayed or posted on the Service's website or this Application.
3. Members are required to comply with the notices, and failure to do so constitutes "Prohibitions".
4. Member is obligated to periodically check the contents of the above notices, and by using the Service after it becomes effective, they are deemed to have confirmed the contents of the notices. The Company shall not be liable for any damages incurred by the Member due to failure to check the notices.

■ Article 20 (Member Disputes)

The Company shall not be involved in any trouble between Members. If we confirm reports about Member violating any of the prohibited activities stated in the Agreement, the Company shall take measures accordingly.

■ Article 21 (Severability)

If any provision of the Agreement is held invalid or unenforceable for any reason, this shall not invalidate or render unenforceable any other provision of the Agreement. If any provision of the Agreement is held invalid or unenforceable by a court of law, such provision shall apply to the extent it is valid and enforceable.

■ Article 22 (Governing Law and Jurisdiction)

1. The Agreement, including its formation, validity, interpretation and performance, shall be governed by and construed in accordance with the laws of Japan with respect to all legal matters.
2. If any question or dispute arises regarding the Service or the Agreement, the parties shall consult with each other in good faith, but if the matter is still unresolved, the Tokyo Summary Court or Tokyo District Court will have exclusive jurisdiction over the first instance.

■ Article 23 (Modification)

1. The Company may change the Agreement without obtaining the Member's approval if the change is in conformity with the general interest of the Member or is not contrary to the purpose of the Agreement, and if the change is reasonable in light of the necessity of the change, the reasonableness of the content after the change, and other circumstances surrounding the change. The Member agree in advance that the Terms of Use may be changed in accordance with the provisions of this Article. In such cases, the terms and conditions shall be governed by the modified Agreement.
2. If the Company changes the Agreement, the Company will specify the effective date of the change and notify Member of the change, the contents of the new Terms of Use, and the effective date of the change on the Service's website or on the Application.
3. Member who continue to use the Service after the modification of the Agreement shall be deemed to have agreed to the modification of the Agreement.