Terms of Use
1. Terms of Use
- 1.
- The Terms of Use stipulate conditions for the use of all services provided on the website by Pictruct. (hereinafter: "the Company"). Use of this service shall constitute an agreement with the Terms of Use.
- 2.
- The Company shall be able to change the Terms of Use at any time based on its own discretion and without obtaining the prior approval of users in situations where a decision was made in accordance with a commensurate reason.
- 3.
- The changed Terms of Use will take effect from the time that they are first published on the website. In addition, after changes in the effect of the Terms of Use occur, use of this service shall constitute an agreement with the changed Terms of Use.
2. Account Registration and Administration
- 1.
- The service allows browsing of contents without account registration, but account registration is required when using certain parts of the service. Information will be furnished on the website regarding which services require account registration.
- 2.
- Users that desire to register for an account must agree with the Terms of Use and then proceed to the New Account page to complete the prescribed registration process.
- 3.
- Users desiring to become a registered user must provide their user name, email address, and password to complete the account registration process. Settings related to the user's avatar, name, self introduction and links are voluntary.
- 4.
- Registered users shall manage their email address and password according to their own responsibility. The Company cannot be held liable whatsoever regarding any and all detriments or damages incurred by registered users due to inaccurate or falsified registration information.
- 5.
- If the email address and password entered to log in is confirmed to match the registered email address and password using the prescribed method, the applicable log in will be deemed as a login by the true registered user and all use wherein will be deemed as performed by the registered user.
- 6.
- If changes are made to the registered account information, the registered user shall follow the procedures on the Account Information screen of the website as soon as possible to report said changes to the Company. If not reported, the Company shall handle registered account information as if no changes have taken place to the reported information.
- 7.
- The Company cannot be held liable for the registered user failing to change his/her registered account information, which in turn causes notifications or other information from the Company to be delayed, not to arrive or not to be executed upon.
3. Handling of Personal Information
- 1.
- The Company will not disclose or furnish personal information obtained from users to third parties.
However, the following instances shall be excluded from this commitment.
- (1)
- When outsourcing necessary work to an outside provider
- (2)
- When the individual has provided consent
- (3)
- When requested to do so by the police or other government/public agency
- (4)
- When provided for under the law
- 2.
- Users shall agree to display a user name (nickname) on the website that distinguishes the users of the service from one another.
- 3.
- Providing information for the avatar, name, self introduction or link columns is voluntary. Once information is entered, the user shall agree that such information can be displayed on the website.
4. Prohibition of Assignment
- Registered users shall not be able to assign rights associated with receiving the service to a third party, nor can they sublease, trade, change names, pledge or use said rights as collateral.
5. Communication and Notifications
- 1.
- When deemed necessary by the Company, communications or notifications to registered users will be sent to the registered email address by email.
- 2.
- Users can contact the Company only from the Inquiry Form on the website. The Company does not accept telephone calls or in-person visits.
6. Discontinuation of the Service Provision
- 1.
- The Company may temporarily discontinue all or part of the services being provided without notifying users in advance in case any of the following was to occur.
- (1)
- When performing regular maintenance or urgent inspections of telecommunication facilities used to provide the service
- (2)
- When the service cannot be provided due to a fire or power outage
- (3)
- When the service cannot be provided due to a natural disaster, such as an earthquake, volcanic eruption, flood or tsunami
- (4)
- When the service cannot be provided due to war, social disturbances, uprisings, civil turmoil or labor disputes
- (5)
- Other situations determined by the Company where the provision of the service must be temporarily discontinued for operational or technical reasons
- 2.
- When determined to be necessary, the Company shall be able to change the contents of the service or suspend or discontinue the provision of the service at anytime without prior notification.
- 3.
- Even if all or part of the service provision is delayed or discontinued due to either of the reasons from Paragraph 1 or Paragraph 2 above, the Company cannot be held liable whatsoever for damages incurred by users or third parties attributed to such a delay or discontinuation, except where stipulated in the Terms of Use.
- 4.
- Even if the Company stops or discontinues the provision of the service due to changes in the service contents, the Company cannot be held liable whatsoever by users, except where stipulated in the Terms of Use.
7. Maintenance of Usage Environment
- 1.
- Users shall arrange for all necessary telecommunication equipment, software and other ancillary devices at their own cost and according to their personal responsibility, and such equipment shall be in good working order. The use of the service shall be selected voluntarily by the user, in the realm of personal cost and responsibility, who shall connect to the Internet through an electronic telecommunication service or electronic telecommunication line.
- 2.
- Users shall reference information provided by related government offices and agencies to maintain security settings for their own usage environment to prevent illegal access or information leakages, and computer viruses.
- 3.
- The Company shall never interfere with the usage environment of the user and cannot be held liable in any situation whatsoever.
8. The Principle of Personal Responsibility
- 1.
- Users shall use the service according to their own personal responsibility and the Company cannot be held liable for any and all actions or results of actions undertaken during the use of the service.
- 2.
- If a user causes detriment or harm to other users, third parties or the Company during their use of the service, the user shall resolve each instance according to their own personal responsibility and costs.
9. Intellectual Property Rights
- 1.
- Users shall be construed as having agreed in advance that the Company will translate posted information registered on the website through the service into foreign languages and publish this information internationally.
- 2.
- In addition to the previous paragraph, users shall be construed as agreeing that the Company will use (including the reproduction, publication, transmission, distribution, assignment, loan, translation, and adaptation) rights freely without any restriction whatsoever or without compensation on a non-exclusive basis, regardless if inside or outside of Japan, in the capacity that such rights pertain to posted information registered by the user.
- 3.
- All complaints and claims that occur related to or caused by rights violations of a third party incurred by users, violations of the Terms of Use, connections, use of the service by the user, or registered account information, shall be resolved in accordance with the responsibility and cost of the user.
- 4.
- If the Company incurs expenses or payment of remuneration related to its response to complaints or claims from the previous paragraph, the applicable user will bear the cost of the said expenses, reparations or legal fees paid by the Company, and the Company shall be able to make a legal claim for the payment of the total amount of such funds from the user.
- 5.
- The user recognizes that the Company does not have an obligation to save account information registered by the user, and the user shall make a back-up of necessary registered account information him/herself at their own convenience.
- 6.
- The Company will be able to view account information registered by the user when necessary for operational reasons, and when deemed as conflicting with the Terms of Use, the Company shall be able to take down or delete all or part of the applicable registered account information without notifying the user in advance.
- 7.
- Persons that believe posted information on the service infringes upon their rights can request that posted information be deleted by using the Inquiry Form on the website. When a request for deletion is received, the Company shall determine whether to honor said request based on a comprehensive determination of all matters after contacting the user that sent the posted information.
- 8.
- If registered information is deleted based on a decision from the previous paragraph, the Company shall not be held liable for remunerations against the user that sent the registered information.
10. Property Rights of the Company
- 1.
- All property rights related to the contents and information included in the service belong to the Company, excluding registered account information and registered information sent (transmitted) by the user.
- 2.
- Contents published or provided in the service or advertisements are protected by Japan's Copyright Act, Trademark Act, and Design Act.
- 3.
- All software used for the service or in relation to the service includes property rights and trade secrets that are protected by laws on intellectual property rights.
11. Prohibited Matters
- 1.
- Users shall be prohibited from taking part in the following acts when using the service. When user acts are determined to correspond to the following, the Company shall be able to take necessary actions that may include suspending the provision of the service and deleting posts without notifying the applicable user in advance.
- (1)
- Acts that inhibit the operation of the service and other actions that may interfere with the service
- (2)
- Acts that use the ID or password improperly
- (3)
- Acts that infringe upon the trademarks, copyrights, privacy or other rights of other users, other third parties or the Company, or actions that may cause inconvenience, detriment or damages to third parties and others
- (4)
- Acts of slander/libel involving other users, other third parties or the Company
- (5)
- Acts of posting information contrary to facts or meaningless information
- (6)
- Acts that violate laws, acts that violate public morality, or acts that may violate laws or public morality
- (7)
- Acts that modify information provided through the service or information concerning the Company or the Service
- (8)
- Acts that involve sending or writing harmful computer programs
- (9)
- Other acts determined by the Company to be detrimental for the operation of the service
- (10)
- Acts that cause a burden to the service because they exceed normal use of the service or acts that encourage such, and acts that inhibit or interfere with the use of the service by other users or the provision and management of the service
- (11)
- Acts that reproduce, revise, reprint, modify, change, reverse engineer, reverse assemble, reverse compile, translate or analyze the functions provided by the service
- 2.
- If a user corresponds to either of the following persons, the said user will not be allowed to use the service.
- (1)
- Organized crime group
- (2)
- Member of an organized crime group
- (3)
- Quasi-member of an organized crime group
- (4)
- Company affiliated with an organize crime group
- (5)
- Racketeer, political racketeering organization or special intellectual violent organization
- (6)
- Other individuals applicable to the previous items
12. Cancellation of Registration
- 1.
- When the Company determines that the user action has violated the Terms of Use or if the Company finds that the user corresponds to one of the entities from Paragraph 2 in the previous article, the Company at its discretion shall be able to delete and change registered account information sent (transmitted) through the service, suspend services, cancel registration (including invalidation of account) and refuse access to the website without any notification to the applicable user.
- 2.
- When it takes the actions from the previous paragraph, the Company shall notify the registered user at their preregistered email address or for unregistered users, the email address notified by the applicable user.
- 3.
- If email sent from the Company per the previous paragraph does not arrive at the applicable user due to the user, the email shall be construed as having been delivered from the company.
- 4.
- No questions or complaints whatsoever concerning the action of the Company in accordance with this article will be accepted.
- 5.
- The Company cannot be held liable whatsoever for damages caused by restrictions placed on the use of the service by the user in accordance with the previous paragraph or because the user was unable to use the service.
13. Governing Law
- The Terms of Use shall be construed and governed by the laws of Japan.
14. Agreed Court of Jurisdiction
- All disputes related to the Terms of Use shall be governed by the Okayama Regional Court as the exclusive agreed court of jurisdiction.