Terms and Conditions
* If there is any discrepancy in interpretation between the Japanese text and the English text of this Agreement, the Japanse text shall prevail.
These terms and conditions is written and established by Hit-point.Co.,Ltd (will be referred to as “the company” from this point on) for the usage of this smartphone application “Tori Note” (will be referred to as “this application” from this point on).
The users who are using this application are required to read and agree with the terms and conditions described as the following (will be referred to as “the terms” from this point on).
If the user decides to use this application, they will be regarded to as have agreed to all of the terms described below.
In the case where the user cannot agree with all of the conditions in the terms, the user will not be able to use the application and is therefore asked to stop the usage of this application.
Regarding the terms, the company may change the contents anytime without any notifications to the users in advance.
In the case where the terms are changed/renewed, the users using this application before the aforementioned changes will have the new terms applied to them, and in the case there is continuation of the usage after the changes, users will automatically be seen as agreeing with the changed/renewed terms.
Users who are using this application are to fulfill the conditions of the environment of usage, which is only available within the range set by the company. The device and means of connection necessary for the usage of this application will be prepared at the responsibility and the cost of the users.
This application is accessible to anyone. In the case of underage users however, permission of a legal representative as parental authority is necessary for the use of this application.
This application, excluding a part of services and contents, can be played for free. Regarding the pre-paid service mentioned above, the amount and the method of payment will be the ones established by the company. By installing this application into the device, the users will be seen as to have agreed to the terms and conditions established by either Apple Inc. or Google LLC (in the case there is a third party specified by the company involved, this will automatically include the conditions of the aforementioned third party) depending on the device being used.
This application is not intended to recommend feeding wild birds in reality. When feeding wild birds, please follow the local ordinances and local rules set by each municipality, and give due consideration to the residents in the neighborhood. The Company will not be held responsible for any trouble that may arise between you and your neighbors as a result of your feeding wild birds.
A certain number of in-app currency is required when purchasing the items within this application. There are two kinds of in-app currency in this game: “Feather” and “Rainbow feather”, and both can be acquired as the game progresses or the conditions set by the company is met.
Regarding “Rainbow feather”, aside of the ones granted within the game, can also be acquired by purchasing the currency. The process of the purchase will abide to the settlement method provided by Apple Inc. or Google LLC.
When the process of purchase mentioned above is completed, the purchase cannot be cancelled. In the case where this application's glitch or willful misconduct of the company does not allow you to purchase correctly, the number of “Rainbow feather” equal to the purchased amount will be granted/compensated to the user. If in this case the user would like a refund, and only if the situation allows to that the company will respond to requests of refund. However on an advanced notice, there are chances that the users will be required to inquire Apple Inc. or Google LLC by themselves on the matter.
The items bought within the application can neither be cancelled nor refunded.
“Feather”, “Rainbow feather”, and the items bought within this application, can be used only within this application, and is not available in other services provided by our company.
All copyrights and other intellectual property rights for any and all information related to the App belong to the Company or the right holders who have authorized the Company to use them. Secondary use, modification, reproduction, adaptation, translation, reprinting, public transmission, distribution, etc., in violation of the moral rights of the author is prohibited.
Regarding the previously mentioned rights, usage for gaining profit or commercial purposes is strictly prohibited without the permission from the company.
This application uses "AdMob" provided by Google LLC. as a third-party advertising service. AdMob's Terms of Service and Privacy Policy apply in addition to this Agreement.
・AdMob Privacy Policy
https://policies.google.com/privacy
Within usage of this application, users, by accident or on purpose, are strictly prohibited to take any action applicable on any of the following rules stated. In the case where the company concluded an act as one that is against the prohibition rules, the company may take measures such as denial of payment and settlement of charged contents, suspension of the service, and any other decisions needed to handle the case.
Any act that violates the privacy, portrait rights, honor, trust and any other rights and/or the profit of the company.
Any violation against public morals, laws and regulations.
The act of software analyzing such as disassembling, reverse engineering and the like on this application.
Redistribution or secondary use of this application without permission.
Acts such as transfer, sale, exchange of account (game data)
Use of this service in an environment not expected by our company by using a iOS jailbreaking device, Android rooting device, an emulator, launching an application in Developer mode, etc.
Fraudulent activities using malfunctions of this service (intentional fraudulent acquisition of items, etc.)
Any act the company reasonably concludes as an inappropriate act.
Cheating can lead to data corruption. The customer shall be solely responsible for any loss or damage caused by the customer's misconduct. We will not be liable for any such loss or damage, except in the case of intentional or gross negligence of our company.
If the company has concluded either of the conditions stated below, the company may proceed to perform maintenance and/or suspension of communication services without any notification to the users in advance.
When there are bugs within this application.
When there is inspection or maintenance work on the system of this application.
When the system, communication line etc. are suspended as a result of any accidents and the like.
Earthquake, lightning, fire, blackout, or any natural disaster and the like which may disable the management of this application.
When the company concludes the need to perform maintenance or to stop the service of this application for other reasons.
The company does not guarantee that this application is usable on any device, nor is it available in every state or location. In addition, all the data saved in this application is not a guarantee that the save data will not be lost.
All the data within this application (including in-app purchase contents) is saved within the device itself, and is not saved at all within the server of the company. If you uninstall this application, every single saved data will be erased. Users are recommended to perform data backup as needed. However, there are also situations where the backup cannot be done depending on the device used.
In respect to the usage of this application, the company is not liable for the damage users suffered.
Regarding the provision mentioned above, it does not apply if the damage is caused by the company's negligence or if the user is a consumer of the consumer contract law.
The company may change/alter the contents, and/or suspend the service of this application for certain reasons.
When the company performs the acts mentioned above, the company is not responsible for the damage caused to the user.
When a dispute occurs between the company and the user, the settlement will be the exclusive jurisdiction by the district court having jurisdiction over the company.
When a dispute occurs between the company and the user, the Japanese law will be the governing law.
In the situation where either one or a part of the terms are regarded as invalid by the consumer contract law or any other regulations, even if a part of the terms is unenforceable, the rest of the terms will still be continued and will still completely be in effect.
If there is any inconsistency or contradiction in the interpretation between the English version and the Japanese version, the Japanese version will be prioritized and applied.
Last Modified on November 28, 2022