Picrew Terms of Use (older version : Enacted on November 3, 2021)

Article 1 Overview

  1. These Terms of Use (hereinafter referred to as the “Terms”) provide some conditions with use of our Service (defined in Article2, Paragraph a) offered by Tetra Chroma Inc. (hereinafter referred to as the “Tetra Chroma”, “we”, “us” or “our”). User (defined in Article2, Paragraph b) may use our Service in accordance with the conditions herein.
  2. In case that User has started using our Service, it shall be deemed that User accept all of these Terms.

Article 2　Definitions

For the purpose of these Terms, the following terms have the meanings as defined below:

  1. “Service” means “Picrew” or service concerning “Picrew”.
  2. “User” means the person who use Service, regardless of registration.
  3. “Registered User” means User who register for Services pursuant to the procedure provided in article 3 hereof.
  4. “Creator” means User who register for Service as “Picrew Creator” pursuant to the procedure provided in article 3 hereof.
  5. “Registered Email Address” means email address which Registered User register for Service as account information.
  6. “Material” or “Materials” means material which Creator upload to our Service.
  7. “Picture” or “Pictures” means picture or pictures which User make with Materials (including media or data which have Picture or Pictures.).
  8.  “Commercial　Use” means the use of Pictures for the purpose of directly or indirectly benefiting from a third party. The use by company shall be deemed Commercial Use.
  9. “Non-Commercial Use” means that an individual delivers Pictures or Materials to a third party or uses Pictures or Materials for the purpose of having the third party use it. It is a use that is not for the purpose of making a profit, directly or indirectly, from the third party.
  10. “Private Use” means use for family use or for any other use of a similarly limited scope, or delivering to the third party or using Pictures and Materials not for the third party using.
  11. “Processing” means making changes such as changing color of Pictures or Materials, adding, or modifying. However, modifications that infringe the creator’s right to integrity are excluded.

Article 3 Registration

  1. User may use our Service as long as User accepts these Terms and apply for registration to us with prescribed procedure.
  2. We may refuse application from User, if we conclude that User falls under followings. In that case, we are not required to disclose the reason of rejection.
    1. In case that User do not apply in accordance with prescribed procedure in Paragraph ⑴ this Article.
    2. In case of application from who violated these Terms before.
    3. In case that registration is not appropriate.

Article 4　Account Information Management

  1. We use Registered Email Address as user ID in our Service.
  2. Registered User shall register available Email address under the management of User as Registered Email Address. In case that Registered User lose control of Registered Email Address, Registered User shall register another Email address.
  3. User shall manage the user ID and password on his/her own risk.
  4. User may not transfer or lend the user ID and password to a third party under any circumstances.
  5. In case that the combination of user ID and password matches the registered information, we will consider it to be used by the Registered User who registered that user ID, and we will not take any responsibility.

Article 5 Withdrawal

  1. Registered User may withdraw from the Service in accordance with set procedures
  2. Even if Registered User withdraw from our Service, Article 8 shall remain in effect.

Article 6 Liability of User

User shall use the Service at his / her own risk. We shall not be liable for any damage caused to the user because of use.

Article 7 Restriction of Use And Deletion Of Information

  1. In the following cases, we may delete the posted data, restrict the use of all or part of our Service to the User, or forcibly unsubscribe the User without prior notice.
    1. In the event that User violates any conditions in these Terms
    2. In the event that User does not use our Service for long time
    3. In the event that we recognize inappropriate use
  2. In case any of the above, all obligations of User to us shall immediately became due and payable and User shall pay such obligations forthwith in lump-sum.
  3. We do not take any responsibility caused by our actions pursuant to this Article.

Article 8 Setting of The Range of Use and Use of Pictures or Materials by Us

  1. We may decide range of usage of Pictures and Materials to the extent of the followings, regardless of range which Creator decides, and Creator accept such range (hereinafter referred to as the “Priority Usage”) in advance. Priority Usage which we decide will be taken priority over Priority Usage which Creator decides.
    1. Creator, regardless corporate or individual, shall not restrict the use, download, or sharing Pictures or Materials on SNS on playing Picrew.
    2. Creator shall not restrict the method of use and case where User can freely use the Pictures or Materials satisfying the requirements of the Copyright Act.
    3. Creator shall not restrict use of User or decide range of use based on User’s attributes
    4. Creator shall not decide conditions to pay compensation for use Pictures or Materials and shall not require charge for use in case that User use Pictures or Materials to extent of Priority Usage or Available Range which Creator decide.
    5. Whether free or not, User shall not sell or distribute very Pictures which User make by Picrew, except as Creator allow it.
  2. We may use or modify Pictures, Materials or text and picture, which User posted, without compensation, to the extent necessary for smooth provision of our Service and related Services, promotion of use, advertising / promotion, construction, improvement, and maintenance of our system. User and Creator accept that and shall not exercise moral rights of authors.

Article 9 Providing Materials and Setting of Available Range by Creator

  1. Creator may post or provide the data, which Creator has rights to license to us and User, as Materials for our Service.
  2. Creator may choose usage of Pictures or Materials from “Commercial Use”, “Non-Commercial Use”, “Private Use”, and “Processing” on providing Materials for Picrew.
  3. Creator may set the range of use of User by describing separately on explanation column of Picrew. In case that range of use or definitions which Creator decide based on the preceding clause conflicts which Creator decide based on this Paragraph, the latter will have priority over the former.
  4. Creator shall accept Priority Usage which we decide and not modify it (hereinafter range which Creator decide based on previous two paragraphs and which is not against Priority Usage is referred to as the “Available Range”).
  5. Creator shall allow User to use Pictures and Materials for free charge to the extent of Available Range , and shall not exercise moral rights of authors (except for right of attribution and right to integrity)
  6. Creator may modify the Available Range anytime. However, Creator shall not make objection to User who make Pictures before modification by reasons of modified Available Range.
  7. Creator reserves the right to license the Materials to us and User, and represents and warrants that it does not infringe any rights of third parties.
  8. In case that third party claim infringement about our or User’s use of Materials, Creator shall resolve the dispute by own his/her risk and expense.
  9. In case that we receives a claim of infringement of rights by a third party regarding the Materials and suffers damage due to this, Creator shall compensate for damages.
  10. In case that disputes raise between Creator and User concerning about use of Pictures, Creator shall not require any supports for resolving disputes.
  11. In case that we conclude Pictures or Materials inappropriate, we may delete them without any notice and Creator shall accept that. In that case, we do not disclose the reasons of deletion to User.

Article 10 Creation and Use of Pictures by The User

  1. User shall transfer copyrights (including rights of Article 27 to 28 in Copyright Act)of Pictures(including Pictures or Materials which processed by User) to Creator who provides Material and shall not exercise moral rights of authors of Pictures.
  2. User may use Pictures to the extent of Range of Use which Creator or we set based on article 8, Paragraph ⑵.
  3. User shall represent and warrant that the Pictures do not infringe any rights of any third party.
  4. In case that third party claim User infringe copyright or the other rights about the Pictures, User who make those pictures shall resolve disputes at his/her own risk and expense.
  5. In case that we take the damages due to the claim that infringed right from third party, User shall compensate for damages .
  6. In case that disputes arise between Creator and User concerning about Pictures or Materials, Creator shall not require any support for resolving disputes.
  7. In case that we conclude Pictures, which User make, inappropriate, we may delete Pictures from our Service, and User shall accept that. We are not required to disclose the reason of deletion.

Article 11 Copyright

Copyright (including all rights provided by Copyright Act Article 21 to 28) of Materials and Pictures (including materials and pictures which User process or combine) belongs to Creator.

Article 12 Charge and Payment Method

In case that User use paid service of our Service, User shall pay the charge which we set in accordance with prescribed procedure.

Article 13 Unlawful and Prohibited Act

Users are prohibited from doing any of the following acts (including any act provoking it or preparing for it) with respect to utilization of our Services.

  1. Any act which is or may be illegal, or against public order and standards of decency.
  2. Any act which relates or may relate to crime.
  3. Any act which　destroy or obstructs function of our server or network.
  4. Any act which obstructs our Service.
  5. Any act which sends or writes harmful program such as computer virus.
  6. Any act of illegally hiding advertisements that should be displayed or intentionally significantly reducing the effectiveness of advertisements.
  7. Any act which access our network or server illegally.
  8. Any act which overload our server or compromise the security of the Service or may cause them.
  9. Any act which posting content that harms the reputation of the Service or us
  10. Any act which disturb or promote disturbing other User or third party from using the Service pleasantly, such as posting inappropriate, excessively aggressive or blasphemy words.
  11. Any act which collect, store or disclosure personal information of other User
  12. Any act which impersonate Us, other User or third party
  13. Any act which post or send lie, misleading information, or information that is not true.
  14. Any act which create misunderstanding about belongs of copyright of Pictures or Materials.
  15. Any act which posting, promoting, or guiding links to malicious pages, etc.
  16. Any act which copy or send programs or sources of the Service over the usage provided by these Terms without our prior consent.
  17. Any act which directly or indirectly gives benefits to antisocial forces with our Service.
  18. Any act which Infringe any intellectual property right, portrait right, privacy, honor and other rights or interests of any party.
  19. Any act which posts or send overly violent expression, explicit sexual expression, expressions that lead to discrimination because of race, creed, nationality, sex, social status, family origin, expressions that lead to or promote suicide, self-injure or drug abuse, or expressions which give displeasure to others including otherwise antisocial contents.
  20. Any act which posts or transmits adult contents, the trade, the dating, or equivalent to that.
  21. Any act which express political claims, opinions, thoughts, beliefs through our Service.
  22. Any act that damage the social reputation of Creators and other acts that are detrimental or induce them, such as nuisance, malicious slander, giving physical and mental distress to a third party or other User, exhibiting Pictures or materials at inappropriate place.
  23. Any act of religious or soliciting to religious groups
  24. Any act which violates these Terms.
  25. Any act which we conclude inappropriate.

Article 14 Termination

  1. In case that we conclude there is any of the followings, we may suspend or terminate our Service, without prior notice or liability, for any reason whatsoever.
    1. In case that we perform maintenance, inspection or update of the computer system related to our Service.
    2. In case that we can’t offer our Service due to force majeure such as earthquake, lightning accident, fire, power failure, etc.
    3. In case that computers or communication lines go down due to an accident.
    4. In case that we conclude that it is difficult to provide this service.
  2. We shall not be liable for any disbenefit or damage, suffered by User or a third party due to the suspension or interruption of the provision of this service, regardless of the reason.

Article 15 Disclaimer of Warranty and Disclaimer

  1. WE DO NOT GUARANTEE, EITHER EXPLICITLY OR IMPLICITLY, THAT THERE IS NO DE FACTO OR LEGAL DEFECTS (INCLUDING DEFECT, ERROR, BUG OR INFRINGEMENT CONCERNING SAFETY, RELIABILITY, PERFECTION, AVAILABILITY, COMPATIBILITY TO PARTICULAR PURPOSE , OR SECURITY).
  2. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE CAUSED TO THE USER DUE TO THE SERVICE. HOWEVER, THIS DISCLAIMER DOES NOT APPLY IF THE CONTRACT BETWEEN US AND THE USER REGARDING OUR SERVICE (INCLUDING THESE TERMS) IS “CONSUMER CONTRACT” PURSUANT TO CONSUMER CONTRACT ACT.
  3. EVEN THE CASE OF THE PROVISO OF THE PRECEDING PARAGRAPH, WE ARE NOT RESPONSIBLE FOR DAMAGES (INCLUDING THE DAMAGES THAT WE OR USER EXPECT TO OCCUR, OR WE OR USER CAN EXPECT TO OCCUR) WHICH HAS ARISEN FROM ANY SPECIAL CIRCUMSTANCES TO USER RESULTING FROM DEFAULT OR TORT DUE TO OUR NEGLIGENCE (EXCEPT GROSS NEGLIGENCE). WE SHALL COMPENSATE DAMAGES WHICH USER SUFFER RESULTING FROM DEFAULT OR TORT DUE TO OUR NEGLIGENCE (EXCEPT GROSS NEGLIGENCE) UP TO THE MAXIMUM OF CHARGE WHICH WE ACCEPT FROM USER ON THAT MONTH.
  4. WE ARE NOT RESPONSIBLE FOR ANY TRANSACTIONS, COMMUNICATIONS OR DISPUTES THAT OCCUR BETWEEN USER AND OTHER USERS OR THIRD PARTIES REGARDING OUR SERVICE.

Article 16 Revision on Our Service

We may change, suspend, or terminate our Service immediately, without prior notice or liability, for any reason whatsoever. In that case, we are not responsible for damages User suffered.

Article 17 Revision on The Terms

In case that we need to modify these Terms, we may modify these Terms anytime and User shall accept that.
Changes to these Terms shall be effective if we announce the details of the changes and the effective date by posting them on our website at least one week before the effective date of the changed Terms.

Article 18　Notice

Any notices or communications between User and us shall be followed in accordance with procedures which we specify.

Article 19 Assignment

User shall not assign or encumber any of his/he rights or obligations hereunder to any third party without our prior written consent.

Article 20 Governing Law and Jurisdiction

  1. This Agreement is governed by and construed in accordance with Japanese law.
  2. The Tokyo District Court has exclusive jurisdiction for the first instance over any dispute that arises between User and Us caused by or in connection with our Service
    In case disputes occasion, court which has jurisdiction over our head office is only agreed jurisdiction.

Article 21 Miscellaneous

  1. The section titles in the Terms are for convenience only and have no legal or contractual effect.
  2. This Terms are made in Japanese and translated into English. The Japanese text is the original and the English text is for reference purposes. If there is any conflict or inconsistency between these two texts, the Japanese text shall prevail.

 

Enacted on November 3, 2021