User Agreement

COOKING MAMA:Let's Cook!/요리하자!/让我们来煮!/讓我們來煮!
Application Terms of Use


These Terms of Use prescribe the various provisions concerning the use of the "COOKING MAMA Let's Cook!/요리하자!/让我们来煮!/讓我們來煮!" application (hereinafter, the "App") distributed by Office Create Corp. (hereinafter, the "Company"). All users of the App must comply with these Terms of Use..


Chapter 1: General Provisions

・Article 1 (Definitions)

The following terms, in these Terms of Use, shall have the meanings prescribed in each of the respective items enumerated below:

(1) "Smart Device"

Portable multi-function devices such as iOS devices (smartphones and tablets operating iOS, etc.) and Android OS devices (smartphones and tablets operating Android OS, etc.) and Fire OS devices (smartphones and tablets operating iOS, etc.)

(2) "Distribution Site"

Application distribution sites such as the App Store,Google Play, Amazon App Store and Facebook.

(3) "Users"

All individuals who use the App.


・Article 2 (Application of These Terms of Use)

1. These Terms of Use shall apply to all Users of the App. In addition, the Company considers Users to have agreed to these Terms of Use upon commencing use of the App.

Users can view these Terms of Use at any time on a website accessible through the App
(http://www.ofcr.co.jp/APP_CookingMama/
en/userpolicy.html).

2. In the event these Terms of Use have been translated into languages other than Japanese and there is a conflict or discrepancy between the Japanese version and the foreign language version, then the content of the Japanese version shall be given precedence.


・Article 3 (Change to These Terms of Use)

1. The Company may, at its discretion, change the content of these Terms of Use without providing prior notification to Users. In this case, the updated Terms of Use shall be effective from the time they are made accessible to Users on the website described in paragraph 2 of Article 2 (Application of These Terms of Use).

2. In the event Users do not agree with the updated Terms of Use, they shall discontinue using the App and uninstall the App from their Smart Device. It should be noted that the Company considers Users to have agreed to the updated Terms of Use if they have used the App after the updated Terms of Use have taken effect.


・Article 4 (App Definitions)

1. The App can be used by downloading it from the Distribution Site and installing it on supported Smart Devices in strict compliance with the Distribution Site Terms of Use.

2. In addition to the preceding paragraph, the "COOKING MAMA Let's Cook!" Facebook version distributed through the Facebook game store shall also be considered as part of the App. Users can play this "COOKING MAMA Let's Cook!" Facebook version on PC by logging into Facebook.

3. The Company may, at its discretion, make additions or changes to the content and functions of the App at any time without providing prior notification to Users.



Chapter 2: Provisions Related to Use of the App

・Article 5 (App License Agreement)

1. The Company licenses Users to use the App on the condition they comply with these Terms of Use.

2. Users shall prepare, install, configure and manage the necessary Smart Device, PC, communications equipment and Internet environment, etc. to use the App on their own responsibility and at their own expense. Users shall also bear all Internet and phone line communications charges, etc. arising from use of the App on their own responsibility and at their own expense.

3. Users under the age of 18 (or, if using the App in a country or region outside of Japan, under the age of majority prescribed in the laws and regulations, etc. applicable in that country or region, hereinafter, "Minors") shall only be able to use the App if a person who has parental authority has read and agreed to these Terms of Use and has consented to the User's use of the App.

4. As the Company is unable to acquire age information or otherwise know the age of Users, it shall consider all Users to be adults or Minors who have obtained parental consent in accordance with the provisions of the preceding paragraph.

5. Users using the App in a country or region outside of Japan must comply with the laws and regulations, etc. applicable in that country or region. In the event the laws and regulations, etc. applicable in that country or region restrict or prohibit the use of the App, Users must use the App in accordance with the restrictions or discontinue use of the App.


・Article 6 (Principle of Self-Responsibility)

1. Users shall use the App on their own volition and responsibility and shall not hold the Company liable for any unintended events occurring as a result of unauthorized operation or erroneous operation by the User.

2. Users shall bear full responsibility in relation to the content of data they have input or otherwise transmitted through their use of the App. In addition, Users shall use any information, etc. obtained through the use of the App at their own discretion and on their own responsibility; the Company shall assume no responsibility whatsoever for any outcomes of Users' use of such information, etc.

3. In the event Users have caused damage to or become involved in a dispute with a third party, etc. owing to usage of the App, they shall resolve the situation on their own responsibility and at their own expense. In addition, this damage or dispute, etc. shall be of no concern to the Company and the Company shall assume no responsibility whatsoever.


・Article 7 (Paid Items)

1. Users are able to purchase paid items, content or services that can be used within the App (hereinafter, "Paid Items, etc.") These Paid Items, etc. can be purchased by completing the necessary payment procedures in accordance with the matters displayed on the purchase screen and the payment method prescribed on the Distribution Site.

2. A transaction for the purchase of Paid Items, etc. shall be closed at the point when the "purchase" button has been pressed on the purchase screen (or, if password authentication is required, when the authentication has been completed after pressing the "purchase" button). Users who cancel the purchase procedure after the transaction has been closed may not request a refund from the Company.

3. Users shall not acquire ownership, copyright or any other rights pertaining to Paid Items, etc. they have purchased. Users shall merely be granted a license by the Company to use these Paid Items, etc. within the app for private use.

4. Minor Users may purchase Paid Items, etc. only after a person who has parental authority has confirmed the purchase content and purchase price and has provided their approval. As the Company is unable to acquire age information or otherwise know the age of Users, it shall consider all purchasers of Paid Items, etc. to be adults or Minors who have obtained parental consent in accordance with the provisions of the preceding paragraph.

5. Users using the App and purchasing Paid Items, etc. in a country or region outside of Japan may have the right, depending on the country or region, to cancel online purchases, etc. However, Users are asked to note that the Company will provide the Paid Items, etc. thereby fulfilling its obligations immediately after the transaction for the purchase of Paid Items, etc. has been closed, so the aforementioned cancellation right shall be extinguished upon the transaction having been closed.

6. The Company may temporarily, in the form of a campaign, etc., or permanently change the purchase price of Paid Items, etc. without providing prior notification to Users. In this case, the Company will not provide compensation for the difference between the original price nor provide refunds.

7. The Company shall not be obliged to issue Users receipts or invoices for the payment of Paid Items, etc.


・Article 8 (Posting to SNS)

1. Users posting images and text messages created, acquired or edited through the use of the App on external SNS (such as Facebook and twitter, etc. The same shall apply hereinafter) shall do so in accordance with the terms of use and privacy policy of the relevant SNS and shall take full responsibility for their post on the relevant SNS and the outcomes thereof.

2. Users posting images and text messages created, acquired or edited through the use of the App on external SNS shall not make posts which correspond to any of the following items:

(1) Posts which may significantly corrupt public morals at the post destination.

(2) Posts which may damage the credit, trust and profits of the App.

(3) Posts which may damage the reputation of third parties or otherwise infringe upon third party rights

(4) Posts which could objectively be considered as harassment or defamation.

(5) In addition to each of the preceding items, posts which the Company deems inappropriate.


・Article 9 (Prohibited Matters)

1. Users must not engage in any acts in relation to the use of the App that correspond or may correspond to any of the following items:

(1) Acts that violate any of the provisions of these Terms of Use.

(2) Unlock App function usage and editing restrictions, and transfer, lend, distribute or publish information, equipment or software in relation to the same.

(3) Reverse engineer, reverse compile or reverse assemble the App.

(4) Acts that infringe upon the copyright, intellectual property rights, privacy rights, portrait rights or any other rights of the Company or any other third party.

(5) Discriminate against, defame or otherwise damage the reputation and credit of the Company or any other third party.

(6) Assign, lend or trade to a third party, or transfer ownership of, their position, rights and obligations as a User without the prior approval of the Company.

(7) In addition to the acts prescribed in each of the preceding items, acts which violate laws, regulations and public order and morals, acts which interfere with or infringe upon the distribution and operation of the App, and any other acts deemed inappropriate by the Company.

2. In the event the Company deems Users to have engaged in acts that correspond or may correspond to any of the items enumerated in the preceding paragraph, the Company may take any action it deems necessary including immediately prohibiting the acts, preventing the acts, or deleting any data associated with the acts, etc. In addition to or instead of taking the aforementioned measures, the Company may also demand Users take appropriate measures such as prohibiting the acts or deleting any data associated with the acts, etc. Users shall comply with such requests of the Company.

3. In the event Users have been subjected to a complaint or objection from a third party as a result of their violation of the provisions of this Article, they shall resolve the situation on their own responsibility and at their own expense, even when they have already discontinued usage of the App. The Company shall assume no responsibility whatsoever.


・Article 10 (Intellectual Property Rights Associated with the App)

All copyright and intellectual property rights, etc. associated with the programs in the App, the text and images displayed on the App screen and other data included in the App shall be attributable to the Company.


・Article 11 (App Data)

  1. Data, items and achievements obtained by Users through use of the App (hereinafter, "Acquired Data, etc.") will be stored on the smart devices and PC terminals to which this App has been downloaded.

  2. Notwithstanding the provisions of the preceding paragraph, Users may store Acquired Data, etc. on the server managed by the Company by logging on with their Facebook account. However, not all Acquired Data, etc. can be stored on the server; there may be some Acquired Data, etc. cannot be stored on the server. Acquired Data, etc. that cannot be stored on the server will be displayed on the "Option" > "How To Play" screen of the app accessed in order to store data on the server.

  3. The Company assumes no liability to Users for any damage as a result of Acquired Data, etc. stored on the server managed by the Company pursuant to the provisions of the preceding paragraph having been lost or damaged, in whole or in part, as a result of force majeure or any other circumstances other than the deliberate acts of the Company, regardless of the subsequent recovery steps that have been taken.

  4. Users shall assume the sole responsibility to manage data stored on their Smart Device and PC through use of the App. The Company assumes no responsibility for damage, etc. suffered by Users as a result of the loss of or damage to such data, in whole or in part.

Chapter 3: Provisions Related to the Operation of the App


・Article 12 (Privacy Policy)

The Company will handle personal information collected or acquired through the App in compliance with its Privacy Policy which is posted on a website accessible through the App
(http://www.ofcr.co.jp/APP_CookingMama/
en/privacypolicy.html).

・Article 13 (Enquiries)

1. The Company will respond to enquiries made by Users in relation to how to use the App, etc. directed to the contact for enquiries. Please note that the Company may not respond to enquiries it deems not to be related to how to use the App, etc.

2. The Company cannot guarantee the date on which it will respond to User enquiries nor that its response to enquiries will resolve the specific issue.


・Article 14 (Advertising)

The Company may, at its discretion, display advertising and links to the products and services of the Company or third parties in locations within the App of its choosing.


・Article 15 (Abolition of App Functions and Discontinuation of Distribution)

The Company may abolish of App functions and Paid items, etc. or discontinue distribution of the App without providing prior notification to Users.


・Article 16 (Liability to Pay Compensation for Damages)

1. The Company shall assume the responsibility to provide compensation only for damages suffered by users as a direct result of the Company's violation of these Terms of Use for reasons clearly attributable to the Company's own responsibility.

2. Notwithstanding the provisions of the preceding paragraph, the Company shall not assume the responsibility to provide compensation for defects, malfunction, failure and stoppage, etc. of the App except in the case of special circumstances such as when the same is attributable to the deliberate acts of the Company.

3. The maximum amount the Company shall be liable to pay Users as compensation for damages under these Terms of Use shall, in any case, be the amount equivalent to the total amount of the fees paid by the relevant User up until the date the damages occurred.


・Article 17 (Disclaimer)

1. The App is provided as is, and the Company shall not assume any responsibility for the technical and commercial utility, accuracy, completeness, legality and future outcomes, etc. of the content and functions of the App. In addition, the Company does not guarantee the App is completely free from bugs. The Company shall not be obliged to provide individual recovery support nor assume any other responsibility in the event bugs occur in the App.

2. The Company does not guarantee Users will be able to use the App satisfactorily on any device and OS and shall not be obliged to verify operations nor make improvements to be able to provide such a guarantee. It should also be noted that the Company assumes no responsibility to isolate the cause of troubles and faults in communication lines and fix such issues given that they may conceivably be attributable to circumstances which the Company is unable to investigate and resolve.

3. The Company assumes no responsibility for damages occurring as a result of problems such as defects with the App attributable to changes of specifications on the Distribution Site or changes to versions of OS such as iOS, Android OS, Fire OS and Web Browser.

4. The Company assumes no liability for nonperformance of its obligations, tort liability nor any responsibility under any other laws for damage suffered by Users attributable to any of the following circumstances;

(1) Malfunction, etc. of the App attributable to the Distribution Site.

(2) Malfunction, etc. of the App attributable to the User's environment.

(3) Malfunction, etc. of the App attributable to other services, applications, systems and equipment not directly related to the App.

(4) Malfunction, etc. of the App resulting from any other circumstances not attributable to the Company.

5. The Company assumes no liability for damages, etc. suffered by Users as a result of the following measures or responses taken by the Company:

(1) Changes to these Terms of Use in accordance with Article 3 (Change to These Terms of Use)

(2) Additions or changes to the content and functions of the App in accordance with paragraph 2 of Article 4 (The App Definitions)

(3) Measures taken in accordance with paragraph 2 of Article 9 (Prohibited Matters).

(4) The abolition of app functions and discontinuation of distribution in accordance with Article 15 (Abolition of App Functions and Discontinuation of Distribution)


Chapter 4: General Provisions

・Article 18 (Users' Obligation to Pay Compensation for Damages)

Users shall, on their own responsibility and at their own expense, pay the Company compensation for damages in the event they have caused damage to the Company as a result of their violation of any of the provisions of these Terms of Use or circumstances attributable to their own responsibility.


・Article 19 (Resolution of Disputes)

1. The Company and Users shall amicably resolve any disputes or doubts concerning the provisions of these Terms of Use as well as matters not prescribed in these Terms of Use in accordance with the principle of good faith.

2. These Terms of Use and the App shall be governed by the laws of Japan and the district court or summary court, depending on the value of the lawsuit, having jurisdiction over the head office of the Company shall have exclusive jurisdiction as the court of first instance over any disputes arising in relation to these Terms of Use and the App.


Enacted and entered into force on July 1, 2015
Date revised: July 1, 2015
Date revised: December 21, 2015
Date revised: January 7, 2016
Date revised: November 4, 2016