Article 1: Introduction
- By using these services, users are deemed to have agreed to all the provisions of these Terms.
Article 2: Definitions
- “The Services” refers to “Picrew” and services related to “Picrew”.
- “User” is a collective term for anyone who uses the Services, regardless of whether they are registered members.
- “Registered User” refers to a user who has registered to use the Services according to Article 3.
- “Creator” refers to a user who has registered to use the “Picrew Creator” according to Article 3.
- “Registered Email Address” refers to the email address registered as account information by the Registered User.
- “Material” refers to content provided to the Services by the Creator.
- “Image” refers to the image (including media and data on which the image is published) created by combining the Materials by the User, and “Image, etc.” refers to either Material or Image.
- “Commercial Use” refers to the use of Images, etc. with the aim of obtaining profits directly or indirectly from third parties. Corporate use is considered Commercial Use.
- “Non-Commercial Use” refers to the use of Images, etc. where the purpose is to deliver or let third parties use the Images, etc. and does not aim to obtain profits directly or indirectly from third parties.
- “Personal Use” refers to the use of Images, etc. within a household or similar scope and does not aim to deliver or let third parties use the Images, etc.
- “Modification” refers to changes to the Images, etc. such as altering color or adding elements. However, it excludes changes that infringe on the creator’s right to maintain integrity.
Article 3: User Registration
- Users who wish to become Registered Users shall apply for user registration by following the Company’s prescribed procedures, agreeing to these Terms, and registering their Registered Email Address and password or by linking an external account.
- Registered Users who wish to become Creator shall apply for creator registration by following the Company’s prescribed procedures, registering their Registered Email Address, and their Creator name.
- The Company may refuse to approve a user registration application if it determines that the applicant falls under any of the following circumstances. In such cases, the Company is under no obligation to disclose the reasons for its decision.
- If the registration application was not submitted in the manner described in Paragraph 1.
- If the applicant has previously violated these Terms.
- If the Company deems it inappropriate to approve the user registration for any other reason.
Article 4: Account Information Management
- The Services use the Registered Email Address as the User ID.
- Registered Users must register an email address that is under their control as their Registered Email Address. If their Registered Email Address is no longer under their control, they must promptly change it to an email address that is under their control.
- Notwithstanding the provisions of Paragraph 1 and the preceding paragraph, those who have become Registered Users through linking external account will not be assigned an ID as described in Paragraph 1 and will log in after authentication through the external service ID, etc.
- Users are responsible for managing their User IDs, passwords, or external account information for The Services.
- Users cannot, under any circumstances, transfer or lend their User ID and password to a third party.
- Those who have become Registered Users by linking external account can also register a Registered Email Address as a User ID. In this case, Registered Users can log in with either external account linking or User ID.
- Those who have become Registered Users by linking external account can also log in after being authenticated by an external service ID, etc. provided by a different external service.
- The Company will not assume any responsibility if the User ID and password combination match the registered information and are used to log in. It will be treated as use by the User who registered the User ID.
- The Company will not assume any responsibility if the external account information is used to log in. It will be treated as use by the Registered User who linked the external account.
Article 5: Consent to obtain external account information associated with external account linking
- Users wishing to use external account linking consent to the Company acquiring and using the information about the user registered in the external service.
- When using external account linking, Users should follow the Company’s prescribed procedures for linking.
- Users must comply with the terms and conditions set by the external service when using external account linking . Also, when using external account linking, if Users need to use the external service, Users should check and agree to the terms and conditions applied by the external service before using the external account linking and the external service.
- When using external account linking, Users use the information about the external service and the account in the external service at their own responsibility. The Company will not be responsible for any damage or trouble caused using the information about the external service and the account in the external service to the User or third parties.
Article 6: Withdrawal
- Registered Users can withdraw from the Services according to the methods defined by the Company.
- Article 8 remains in effect even after withdrawal.
Article 7: User Responsibilities
- Users are responsible for using the Services. The Company is not liable for any damage caused to Users as a result of their use of the Services.
Article 8: Restrictions on Use and Deletion of Information
- The Company may, without prior notice, delete posted data, restrict all or part of the Services for the User, or forcibly withdraw the User in the following cases:
- When any provision of these Terms has been violated.
- When there has been no use of the Services for an extended period.
- When the Company deems it inappropriate to use the Services for any other reason.
- If any of the items in the previous paragraph apply, the User immediately loses all benefits to the Company and must immediately settle all debts owed at that point.
- The Company will not be liable for any damage caused to Users as a result of actions taken by the Company based on this article.
Article 9: Scope and Use of Images by the Company
- Notwithstanding the usage scope set by the creator, the company can establish a usage range for the images in question as per the following stipulations. The creator must, in advance, permit the establishment of this usage scope (hereinafter referred to as the “priority usage range”). If there is a conflict between the usage range set by the creator and the priority usage range, the priority usage range shall take precedence.
- The creator cannot limit the use of the images by individuals or corporations, including use accompanying the play of the image maker, downloading of the images, or sharing to social networking services etc.
- The creator cannot establish usage conditions or restrictions based on user attributes.
- The creator cannot require payment for the use of the images through the service, and if the user uses them within the priority usage range and the range determined by the creator, they cannot demand payment for the use of the images.
- Users cannot sell, distribute, or otherwise redistribute the images created or modified on Picrew, regardless of whether they receive payment. However, this does not apply if the creator allows it.
- The company can use and modify the images and other user-posted images and text etc. free of charge within the range necessary for the smooth provision, use promotion, advertising, development, improvement, and maintenance of this service and related services. The user and the creator permit this and will not exercise their moral rights.
Article 10: Provision of Materials by Creator and Setting of Available Range
- Creator can post and provide materials to this service for which they have the right to grant use permission to the company and users.
- When providing the materials, Creator should select from the preliminary ranges “commercial use”, “non-commercial use”, “personal use”, and “modification” listed on the site for creators, and set the available range for the images.
- Besides the preceding clause, Creator can specify the available range in the explanation of each image maker and provide an available range for users. If the content or definition of the available range set by the preceding selection contradicts the available range set by this clause, the available range set by this clause shall take precedence.
- Notwithstanding the previous two paragraphs, Creator agrees to the Company’s separately established priority usage range for the images, and cannot make changes (hereinafter, the available range set by the creator that does not contradict the priority usage range is referred to as “the material available range”).
- Creator grants users the right to use the materials and images for free within the material available range, and will not exercise their moral rights, except for the right to claim authorship and the right to maintain the integrity of the work.
- Creator can change the material available range at any time. However, Creator cannot object to users who created images before the change based on the changed material available range.
- Creator cannot provide materials that the Company suspects infringe copyright law.
- The creator asserts and guarantees that they have the right to grant use of the materials to the company and users, and that they do not infringe on the rights of any third party.
- If a third party makes a claim of rights infringement etc. regarding the use of the materials by the company or users, the creator who provided the materials will resolve the dispute at their own expense and responsibility.
- If the company incurs damage due to a claim of rights infringement etc. by a third party regarding the materials, The Company may demand compensation from the Creator, and the Creator agrees to such demand
- If a dispute arises between the Creator and users regarding the use of the images, the Creator will resolve the dispute themselves and cannot make any demands on the Company.
- If the Company judges the materials or images created using the materials to be inappropriate, it can delete the materials or images from the service without notifying the Creator, who accepts this. The Company will not disclose the reason for the deletion to the Creator.
Article 11: Creation and Use of Images by Users
- Users transfer all copyrights (including rights under Articles 27 and 28 of the Copyright Act) of the images (including images modified by the user) to the creator who provided the materials for free, and will not exercise their moral rights of the images.
- Users can only use the images within the “material available range” set by the creator and the company as per Article 10, paragraph 4.
- Users assert and guarantee that they do not infringe on the rights of any third party regarding the images.
- If a third party makes a claim of rights infringement etc. regarding the images, the user who created the images will resolve the dispute at their own expense and responsibility.
- If the company incurs damage due to a claim of rights infringement etc. by a third party regarding the images, it can claim damages from the user, who accepts this.
- If a dispute arises between the creator and users regarding the use of the images, the creator will resolve the dispute themselves and cannot make any demands on the company.
- If the company judges the images created by the user to be inappropriate, it can delete the images from the service without notifying the user, who accepts this. The company will not disclose the reason for the deletion to the user.
Article 12: Ownership of Copyright
- The copyright of the materials and images (including images modified by the user) provided by the creator on this service (including all copyrights stipulated in Articles 21 to 28 of the Copyright Act) shall belong to the creator.
Article 13. Service Charges and Payment Methods
- Users, when using any services provided by our company for a fee, shall pay the service charges separately defined by us in the manner specified by us.
Article 14. Prohibited Matters
- Users must not perform the following actions when using this service or related images etc:
- Actions that violate or could violate laws or public order and morals
- Actions related or potentially related to criminal activities
- Actions that destroy or interfere with the functionality of our servers or networks
- Actions that could interfere with the operation of our services
- Actions that send or post harmful computer programs such as viruses
- Actions that unlawfully hide advertisements that should be displayed, or significantly reduce their effectiveness as advertisements
- Actions that access our network or server equipment unlawfully
- Actions that put an extreme load on our servers, or cause a drop in security, or actions that could lead to such situations
- Actions that post content that undermines the trust in our service
- Actions that hinder or promote the enjoyment of our service by all users or third parties, such as posting inappropriate, unnecessarily aggressive, or blasphemous remarks
- Actions that collect, accumulate, and disclose personal information about other users
- Actions that impersonate our company, other users of our services, or third parties
- Actions that post information containing false or misleading content, or actions that send or post information contrary to facts
- Actions that mislead the ownership of copyright of the images etc.
- Actions that use the results of information analysis using large language models (LLMs) or other generative AIs, contrary to the explicit intentions of the Creators.
- Actions that use the Image etc. as prompts (instructions for generating responses by LLMs or other AIs) contrary to the explicit intentions of the Creators.
- Actions that post, advertise, or guide links to malicious pages etc.
- Actions that copy, public transmit etc., the program, source, etc. of our services beyond the scope of use defined in these terms and conditions, without permission
- Actions that directly or indirectly provide benefits to antisocial forces in relation to our services
- Actions that infringe on the intellectual property rights, portrait rights, privacy, honor, or other rights or benefits of our company, other users of our services, or third parties
- Actions that post or send expressions that are excessively violent, explicitly sexual, potentially discriminatory based on race, nationality, creed, gender, social status, family origin, etc., encourage or promote suicide, self-harm, drug abuse, and other antisocial contents, or give discomfort to others
- Actions that post or send contents related to adult entertainment, customs, matchmaking, etc., or use the images etc. related to such contents
- Actions that express political claims, opinions, ideologies, beliefs, etc. through the use or introduction of the services or the images etc.
- Actions that hinder the enjoyment of the services by all users or third parties, defame the social reputation of the creators by exhibiting the images etc. in inappropriate places or manners, or promote such actions, or any other actions that could harm the creators
- Actions that invite or promote religious activities or religious groups
- Actions that violate these terms and conditions (27) Any other actions that we deem inappropriate
Article 15. Suspension of Service
- We may suspend or interrupt the provision of all or part of the service without prior notice to users if we determine any of the following circumstances:
- When carrying out maintenance, inspection, or updating of the computer system related to this service
- When it becomes difficult to provide this service due to irresistible forces such as earthquakes, lightning strikes, fires, power outages, or natural disasters
- When the computer or communication line etc. has stopped due to an accident
- In other cases where we determine it difficult to provide the service
- We shall not bear any responsibility for any disadvantage or damage suffered by users or third parties due to the suspension or interruption of the provision of the service.
Article 16. Disclaimers and Exemption Clauses
- We do not guarantee explicitly or implicitly that this service is free of de facto or legal flaws (including safety, reliability, accuracy, completeness, effectiveness, fitness for specific purposes, flaws in security, errors, bugs, infringements of rights, etc.).
- We shall not be responsible for any damage caused to users due to the service. However, this disclaimer does not apply if the contract for this service between us and the user is a consumer contract as defined by the Consumer Contract Act.
- Even in the case of the proviso of the preceding paragraph, the Company is not responsible for any damage which is caused by the Company’s default or negligence (excluding gross negligence) to the Users resulting from special circumstances even if such damage had been or could have been foreseen. Moreover, the compensation for damages caused to Users due to our negligence (excluding gross negligence) or tort shall be limited to the amount of usage fees received from the User in the month in which the damage occurred.
- We shall not be responsible for any transactions, contacts, or disputes between users and other users or third parties regarding the service.
Article 17. Changes to Service Contents, etc.
- We can change the contents of this service or discontinue the provision of this service without notifying the user, and we will not be responsible for any damage caused to the user by this.
- We can change these terms at any time if we deem it necessary, and the user shall follow it. Changes to these terms will become effective by posting the contents of the changes and the effective date on our website one week before the effective date.
Article 19. Notification or Contact
- Notification or communication between the user and the company shall be made by the method specified by the company.
Article 20. Prohibition of Assignment of Rights and Obligations
- Users may not assign, or provide as security, their status in the usage contract or rights or obligations based on these terms to a third party without our prior written consent.
Article 21. Governing Law and Jurisdiction
- The interpretation of these terms shall be governed by Japanese law.
- In case of any dispute regarding the service, the court having jurisdiction over the location of our head office shall be the exclusive agreed jurisdiction.
Article 22. Other
- The headings are for convenience only and have no legal or contractual effect.
- This contract is prepared in Japanese and translated into English. The Japanese clause is the original, and the English clause is for reference. In case of any contradiction or discrepancy, the Japanese clause shall prevail.
Enacted on November 3, 2021(archives)
Revised on July 11, 2023