These Terms of Service (hereinafter referred to as “the Terms”) define the conditions for the use of the Service mutually agreed upon by Preferred Networks Inc. (hereinafter referred to as “the Company”) and each user (hereinafter referred to as the “User”) of the Service.
The User can use the Service in accordance with the Terms only through a binding agreement with the Company.
As used herein, the following terms shall have the following meanings.
“The Service” means all products, contents and services provided by the Company’s web services or through its application “PaintsChainer”.
“Contents” means languages, images, videos and other information.
“The Contents” means contents accessible through the Service.
“Submitted Contents” means contents that the User posts, transmits, uploads to the Service or acquires through the Service.
3. Consent to the Terms
The Terms shall apply to every User of the Service.
The User must use the Service according to the stipulation of the Terms. Use of the Service should be discontinued if the User does not agree to the Terms.
In case the User is a minor, it is necessary to obtain a consent from a legal representative such as one’s parent and guardian (including the consent to the Terms) before using the Service. Furthermore, if the User who was a minor at the time of consent to the Terms uses the service after turning into an adult, he/she shall be deemed to have confirmed the use of the service while being a minor.
By using the Service, the User shall be deemed to have effectively agreed to the Terms.
4. Revision of the Terms
The Company may amend the Terms at its discretion. It is therefore advised to regularly review the latest Terms when using the Service.
The revised Terms shall be effective once they are set up in a suitable location within the service or on the website operated by the Company.
If the User uses the service after the revision of the Terms, he/she shall be deemed to have effectively agreed to the revised Terms.
The Company may notify the User when there is any significant change to the Terms.
6. Provision of Services
The User must prepare the smart device, communication equipment, operation system, communication / transmission means, or electricity necessary to use the Service at the expense and risk of the User.
The Company shall be able to offer all or part of the Service only to the User who satisfies the conditions deemed necessary by the Company.
The Company may, at its discretion, change all or part of the contents of the Service (including specifications, designs and any other contents), or cancel the provision without liability to the User.
The Company shall be able to post its or a third party’s advertisements on the Service.
The User shall agree to the posting of advertisements on the Service by the Company or a third party, or posting of advertisements related to displayed information obtained from use of the Service or Submitted Contents.
7. Provision of Service by an Affiliated Partner
The Service may include services or contents provided by other business operators affiliated with the Company.
The responsibility for the services or contents provided by other business operators shall be borne by the business operators providing the above. Furthermore, the terms of service or other conditions stipulated by the business operator providing the service may be applied to the services or contents.
The Company shall grant the User a non-exclusive license to use the Contents provided by the Company.
All copyrights, trademarks and other intellectual property rights relating to the Contents belong to the Company. The User is granted only a non-exclusive license to the Contents. However, the User must not use the Contents beyond its intended form of use for the Service (including such acts as duplication, enabling transmission, and modification).
Rights related to Submitted Contents belong to the User who posted them to the Service or obtained them through the Service.
The User shall agree to grant a non-exclusive license to use Submitted Contents on a domestic or overseas basis to the Company free of charge in order to provide, advertise and enhance the Service and the Contents (including the right to make modifications to the extent that the Company deems necessary and appropriate). The scope of the permission does not include the right to transfer Submitted Contents to a third party but includes the right to publish Submitted Contents themselves or through third parties and the right to extract features from Submitted Contents.
The Company shall not be obliged to back up Submitted Contents. The User shall be responsible for backing up the Submitted Contents.
The Company may check Submitted Contests to confirm the compliance to laws and regulations or to the Terms or other situations when necessary. However, the Company does not have the obligation to do so.
The Company reserves the right to impose restrictions on the use of the Service without prior notice to the User in case where it finds that the User is or may be violating any laws and regulations or conditions of the Terms with regards to Submitted Contents, and if required for business purposes.
9. Prohibited Matters
The User must not do the following when using the Service.
Acts that violate intellectual property rights including copyrights, trademark rights and patent rights, honor rights, privacy and other rights or interests of the Company or of a third party.
Commercial usage and other acts of using the Service for purposes not intended for the Service.
Human intervention to disturb or interfere with the normal function of the server or network system used for the Service by sending, through a regular web browser, more message requests than the system can reasonably create within a certain amount of time.
Unreasonable demands to the Company or other acts that interfere with the provision of the Service by the Company.
Acts that violate laws, court rulings, decisions or orders, or legally binding administrative measures.
Posting of expressions that are excessively violent, expressions that touch on child pornography, explicit sexual expressions, discriminatory expressions based on race, nationality, creed, gender, social status or lineage, and other expressions that are anti-social and offensive in nature.
Acts that may harm public order or proper code of ethics.
Unauthorized access, use or a third party’s User ID, act of receiving multiple User IDs or other similar acts.
Acts that promote or encourage any of the above actions.
Other acts deemed to be inappropriate by the Company.
10. User’s Responsibility
The User shall comply with applicable laws and regulations and assume all responsibility for use of the Service as well as related acts (which includes the posting of Submitted Contents) and their consequences (including Submitted Contents obtained through the Service).
The User shall represent and warrant that he/she has all rights necessary to grant the Company a non-exclusive license to use Submitted Contents.
The User shall promptly compensate the Company, upon its request, for any direct or indirect damages (including compensation for attorney’s fees within a reasonable range) attributable to or related to the use of the Service.
The User shall not object to measures taken by the Company that it deems necessary and appropriate against the violation of laws and regulations or the Terms or any possible infringement thereof by the User.
The Company does not assume responsibility for any issues that may arise from the Service, and does not represent or warrant its integrity, accuracy, security, reliability, fitness for a particular purpose, that its use will not violate laws and regulations or infringe the rights or interests of third parties, and that there are no security flaws or any other issues.
The Company shall not be obliged to provide the Service without any flaws and the User shall explicitly exempt the Company from its liability for any damages it may cause to the User or a third party in the course of using the Service.
Even if the preceding paragraph is determined to be invalid by laws and regulations, the Company shall not assume any responsibility for damages which are caused to the User or a third party due to the Company’s negligence (except gross negligence) and arising from circumstances that the User is able to foresee.
Communication from the Company to the User regarding the Service shall be made by posting on the Contents or other methods that the Company deems appropriate.
Communication from the User to the Company regarding the Service shall be made by sending through the inquiry form on the Contents or to the following address.
Even if all or part of any provision of the Terms is deemed invalid pursuant to the Consumer Contract Law or other laws and regulations, other provisions or the remainder of the partly invalid provision shall remain in full force and effect.
The Terms shall be governed by the Japanese law. The Tokyo District Court shall be the court of first instance and shall have exclusive jurisdiction over any disputes arising from or related to the Terms.
The Terms written in Japanese shall be the original, and even if it is translated into other languages, only the Japanese version will be the basis for the validity of this contract.