Date of Last Revision: July 23, 2009.

Welcome to BROADWAY CAFE, the iPhone Application and its Facebook application and its official website (“BROADWAY CAFE”).　 BROADWAY CAFE is operated by ArtScape Co., Ltd. And Istpika Co., Ltd. and its affiliates ("us," "we" or "the Company"). By using or accessing BROADWAY CAFE, you agree that you have read, understand and are bound by these Terms of Service ("Terms"). We reserve the right, at our sole discretion, to change or delete portions of these Terms at any time without further notice. Your continued use of BROADWAY CAFE after any such changes constitutes your acceptance of the new Terms.

Privacy

We respect the privacy of our users and encourage you to read our Privacy Policy.

Registration; Account Security

When you purchase or register for and use BROADWAY CAFE, you will be asked to provide information about yourself ("User Data"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means for example, that you may not share your password or allow anyone else access your account. You must notify the Company immediately of any breach of security or unauthorized use of your account.　 Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.

The Broadway Cafe iPhone application will store your account data in your iPhone. The Company will not be liable for any account data loss as a result of deletion of the application, re-install or any other device malfunction.

Charges and Billing

1 Virtual In-Game Currency

BROADWAY CAFE includes an in-Game virtual currency named ‘VIP POINTS’. You may purchase VIP POINTS in the BROADWAY CAFE Facebook application by using the payment options indicated below. The Company may charge fees for the right to use VIP POINTS or may distribute VIP POINTS without charge, both of which are soley at the Company’s discretion.

In the Broadway Cafe Facebook application, you may use VIP POINTS to purchase Gifts for your friends. The Gifts can be used only with your 　friends’ Broadway Cafe iPhone application, not on Facebook. Gifts purchased in the Broadway Cafe Facebook application will be sent to your friends’ Broadway Cafe iPhone application via ‘Facebook Connect’ where friend can use it.

Your purchase of any VIP points is final and shall not be refundable, transferable, or exchangeable in any circumstances, without limitation, including the termination of your BROADWAY CAFE account for any reason.

The Company retains the absolute right to manage, regulate, control, modify, and/or eliminate VIP POINTS at its sole discretion, in any case, and the Company will have no liability to you for the exercising of such rights.

2 Fees

You hereby agree to pay all fees and or charges incurred by the usage of your account, including taxes, in accordance with these TERMS of SERVICE and the billing terms for membership fees that are in effect at the time that the fee or charge becomes payable. Unless otherwise indicated, all prices are in US dollars and do not include internet service provider, telephone and or any other connection charges.

3 Payment Options

3.1 PayPal

To purchase the virtual in-game currency or payable fees listed above, the COMPANY will offer you the ability to use PayPal, Inc., a Delaware corporation having its principal offices at 1840 Embarcadero Road, Palo Alto, California 94303 ("PayPal"). The COMPANY relies upon PayPal to maintain all necessary licenses and permits required by the laws and regulations of the countries from which the payments are sent and as may otherwise be applicable. Hence it will be necessary for you to open a PayPal account, and be subject to the applicable PayPal Terms of Use. See http://www.paypal.com/cgi-bin/webscr?cmd=p/gen/terms-outside. The COMPANY is not affiliated with PayPal, as each is an independent contractor, and neither is the agent or employee of the other, neither is responsible in any way for the actions or performance (or lack thereof) of the other.

General Use of BROADWAY CAFE - Permissions and Restrictions

The Company hereby grants you permission to access and use BROADWAY CAFE as set forth in these Terms of Service, provided that:

1. You agree not to distribute in any medium any part of BROADWAY CAFE, without the Company's prior written authorization.

2. You agree not to alter or modify any part of BROADWAY CAFE or any of its related technologies.

3. You agree not to access the Company Content through any technology or means other than the playback pages of BROADWAY CAFE itself or other explicitly authorized means the Company may designate.

4. You agree not to use the BROADWAY CAFE for any commercial use, without the prior written authorization of the Company. Prohibited commercial uses include any of the following actions taken without the Company's express approval:

l sale of access to BROADWAY CAFE or its related services on another website;

l use of BROADWAY CAFE or its related services for the primary purpose of gaining advertising or subscription revenue;

l the sale of advertising, on the Company website or any third-party website, targeted at the Company content;

l and any use of BROADWAY CAFE or its related services that the Company finds, in its sole discretion, to use the Company's resources with the effect of competing with or displacing the market for the Company, the Company Content (as defined below).

5. In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service, the Company Community Guidelines, and all applicable local, national, and international laws and regulations.

6. the Company reserves the right to discontinue any aspect of the BROADWAY CAFE at any time.

Prohibited Conduct

By using or accessing BROADWAY CAFE, you represent, warrant and agree that you will not:

1. do anything that could disable, overburden or impair the proper working of BROADWAY CAFE;

2. use any robot, spider, scraper or other automated means to access BROADWAY CAFE;

3. send spam or any other unauthorized advertisements or solicitations through or using BROADWAY CAFE;

4. harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively "Contact Information") of users of BROADWAY CAFE without consent from such users;

5. solicit private information (including social security numbers, credit card numbers and passwords) from users of BROADWAY CAFE;

6. use your profile (as opposed to a Page) for any commercial purpose;

7. intimidate or harass any user;

8. do anything that is illegal, infringing, fraudulent, malicious or could expose the Company or BROADWAY CAFE users to harm or liability;

9. attempt, encourage or facilitate any of the above.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to the Company ("Submissions"), are non-confidential and non-proprietary. 　The Company will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

User Disputes; Complaints

You agree not to hold the Company responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to BROADWAY CAFE. This includes transactions conducted on　 BROADWAY CAFE as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to BROADWAY CAFE, you release the Company and its directors, officers, employees and agents (collectively, the "the Company Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

If you believe that BROADWAY CAFE or the Company's business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of the Company. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that the BROADWAY CAFE is unfair, fraudulent or unlawful with respect to that issue.

Indemnity

You agree to indemnify and hold the Company Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of BROADWAY CAFE or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. the Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate with the Company's defense of these Claims.

General Disclaimers

USE OF BROADWAY CAFE IS AT YOUR OWN RISK. BROADWAY CAFE, the Company WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH BROADWAY CAFE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, the Company, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, the Company, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT BROADWAY CAFE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT BROADWAY CAFE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

The Company IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH BROADWAY CAFE (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL the Company ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE BROADWAY CAFE, THE Company WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE BROADWAY CAFE, EVEN IF the Company OR A Company AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, the Company's LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF the Company’s ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF BROADWAY CAFE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF BROADWAY CAFE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO the Company DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.

Termination and Changes to BROADWAY CAFE

We may terminate your account on BROADWAY CAFE, delete your profile and any User Content you have posted on or through BROADWAY CAFE, and/or prohibit you from using or accessing BROADWAY CAFE (or any portion thereof) for any or no reason, at any time at our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of BROADWAY CAFE at any time without notice. The following sections will survive any termination of your use of BROADWAY CAFE: Prohibited Conduct, User Content, Ownership & License, Your Use of Content on BROADWAY CAFE, Copyright, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to BROADWAY CAFE, and General.

General

You agree that: (i) BROADWAY CAFE shall be deemed solely based in Japan; and (ii) BROADWAY CAFE shall be deemed a website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than Japan. These Terms of Service shall be governed by the internal substantive laws of Japan, without respect to its conflict of laws principles. Exclusively a court of competent jurisdiction located in Tokyo, Japan shall decide any claim or dispute between you and the Company that arises in whole or in part from your use of the BROADWAY CAFE. These Terms of Service, together with the Privacy Policy at and any other legal notices published by the Company on the BROADWAY CAFE, shall constitute the entire agreement between you and the Company concerning BROADWAY CAFE. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.　 The Company reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of BROADWAY CAFE following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.