Scope of and Changes to This Agreement
- All provisions, supplementary rules, detailed rules, guidelines, special agreements etc. relating to the provision of this Service shown by this Company online or by other means (hereinafter "various provisions") are effective along with this Agreement. "The Service Agreement" is used as a general term to refer to both this Agreement and the various provisions.
- If there are any inconsistencies or contradictions between this Agreement and the various provisions, this Agreement shall take precedence unless specifically stipulated otherwise.
- Even if there is a flaw in part of the Service Agreement, the other sections of this Agreement and the various provisions shall remain effective.
- This Company may change the Service Agreement without the consent of the Customer. In such a case, this will be announced on the website stipulated in the next article with an appropriate amount of advance notice. Customers who do not agree to the change to the Service Agreement must cease using this Service. Customers using this Service after the change to the Service Agreement are considered to have agreed to the new version of the Service Agreement, and this Company will provide this Service according to the new version of the Service Agreement.
- "User" refers to persons using this Service. It includes posters of photos and videos (collectively, "photos, etc."), viewers who view photos, etc., commenters who post comments on photos, etc., and raters who enter ratings on photos, etc.
- "This Website" refers to the website and the application managed by this Company with the name "IQUISPIN" with the main purpose of allowing Users to share their own photos, etc. that they have taken.
- "Content" refers to photos, etc. posted by Users, comments posted to photos, etc., and ratings posted to either of these.
- "Individual Functions" refers to specific functions provided to the User according to the Service Agreement as part of this Service, such as the use of this Software (referring to the software stipulated in Article 10) and sale of products. Refer to this Website for details on the Individual Functions.
Functions and Restrictions of This Service
- This Service allows the User to upload their own Content to a server managed by this Company via the Internet, and to share this Content with other persons on this Website (post photos, etc., or comments to photos, etc., enter ratings of photos, etc., and view all of these).
- This Company may specify required communication devices, hardware, Internet connection environment and other restrictions for using this Service (hereinafter "the System Conditions"). However, this Company does not guarantee that the specifications of the System Conditions made by this Company according to this article will allow use of this Service without problems. The User must prepare the equipment stipulated in the System Conditions by themselves and confirm its suitability. The User bears all costs required to meet the System Conditions, such as communication costs.
Use of this Service
- This Service can be used for personal purposes only. Use for commercial purposes, use for advertising, posting, provision of information, etc. for commercial business, and other uses that this Company judges to be commercial purposes are not permitted.
- Registration is not required to use this Service. However, the user must have their own account with one of the Internet services specified by this Company (hereinafter "Specified Internet Service") in order to post Content using this Service.
- This Service cannot be used by children or other persons if applicable laws require parent’s or guardian’s consent for their use of this Service or for provision of their personal information in connection with this Service, including but not limited to children under 13 years of age in the United States or under 16 years of age in the EEA and Switzerland.
- This Company may display advertisements for third parties on this Website or this Software (referring to the software stipulated in Article 10). Any transactions etc. entered into between the User and an advertiser based on these advertisements are between the User and the advertiser, and this Company accepts no responsibility for any losses incurred by the User as a result of the transaction, etc.
Rights and Management of Content
- All rights to Content belong to the User who posted the Content or to the right holder who gave the User permission to use the Content. By posting Content, the User grant Company a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, process, modify, display, translate and/or send the Content for this Service and/or this Website. For example, this license includes the right for Company to use the Content on websites and to grant a third party the right to use the Content subject to Company's terms and conditions for such Content use. User may not exercise moral rights of the author against the Company or its licensees for processing, modification, etc. of the Content and User agrees not to assert any claims or seek compensation against the Company or its licensees in relation to this section.
- By posting Content, the User gives consent for the Content to be displayed publicly. Even if the User designates certain Content as “private”, it does not guarantee protection from third party access.
- Posting, deletion, backup, maintenance, management and sharing of the Content is the responsibility of the User. This Company will not monitor or manage posted photos, etc. or comments, and will not participate in exchanges between Users.
- If the User commits actions such as those which infringe upon the rights of a third party or is in violation of a law or regulation during use of this Service, this is the responsibility of the User, and this Company accepts no responsibility. Required permissions for Content posted by the User (such as usage permission from copyright holders or posting permission from portrait right holders) shall be acquired by the User.
- If the User discovers copyright violations etc. of Content that they have posted, the User shall report this to this Company and attach the required information and evidence, such as the fact that they are the rightful copyright holder and their reasons for believing that copyright etc. has been violated. If it is deemed that the copyright etc. of the Content has been violated according to the report, this Company can delete the Content.
- This Company exercises all due care of a good manager to prevent damage, loss or alteration of posted Content, infection by computer viruses, etc. (hereinafter "Damages, etc.") when providing this Service. However, this does not guarantee total prevention of Damages, etc.
Suspension, Changes to or Termination of This Service
While this Company will exercise all due care of a good manager in an effort to continue provision of this Service, provision of this Service may be temporarily interrupted for reasons in the following categories:
- Cases in which interruption is unavoidable for maintenance or work on equipment.
- Cases in which unavoidable impediments to equipment occur through no fault of this Company.
- Natural disasters, terrestrial disasters and other emergency situations.
- Suspension of the login method or other parts of this Service provided by a third party (referring to the parts stipulated in Article 9).
- Other cases in which this Company deems interruption necessary for the operation of this Service or for technical purposes.
- This Company may terminate part or all of this Service or Individual Functions at the discretion of this Company. In this case, this will be announced on this Website in advance.
The User must not commit actions in any of the following categories when using this Service:
- Actions that violate copyrights of other parties, intellectual property rights such as trademark rights, portrait rights, trade secrets, etc.
- Actions that violate property rights of other parties.
- Actions that defame, breach the trust of or violate the privacy of another party.
- Actions that cause tangible or intangible detriment or damages to another party
- Actions that are against public order and decency.
- Criminal acts, actions connected to criminal acts, or actions that encourage crime.
- Use or provision of harmful programs, such as computer viruses.
- Actions such as analysis or modification of the security technology or software used by this Service.
- Using false information when using this Service.
- Other actions that violate the laws, regulations etc. of Japan or the country or region in which the User resides, or which cause a nuisance to other Users or this Company.
- This Company does not accept the responsibility of checking whether Users' use of this Service fits the above categories.
Suspension of Service Provision by This Company
This Company can suspend all or part of this Service if the User fits any of the following categories.
- In the event of a violation of the Service Agreement.
- In the event of suspension or termination of the login method or other systems etc. provided by third parties as part of this Service (referring to the parts stipulated in Article 9) through the fault of the User.
Collaboration with Third Parties
- Links to the third party's website or materials may be posted on this Service. This Company accepts no responsibility relating to the User's use of the linked website or materials.
Use of Software
Copyrights and Other Rights
- This Website, this Software, service materials, technical information and other works that can be used in relation to this Service (hereinafter "this Company's Works") are intellectual property of this Company or third parties who have given permission to this Company, and are protected by the copyright laws and/or other laws and regulations of each country. All or part of these works may not be copied, modified, uploaded, posted, publicly transmitted, transferred, distributed, licensed, sold, published or used by any other method without permission from this Company or the third party holding the rights.
- "Vecnos", "IQUISPIN", other names used in the provision of this Service and names of this Company's products displayed on this Company's Works are trademarks or registered trademarks of this Company, and may not be used without permission from this Company. Additionally, trademarks, service marks and logos displayed in relation to this Service may be registered trademarks or trademarks of a third party other than this Company.
- Use of this Company's Works does not mean that this Company or a third party has transferred or licensed rights such as patent rights, trademark rights or copyrights except when explicit permission has been given by this Company.
- Users shall ensure that all activities involving distribution and export/re-export of this service are in compliance with all applicable laws, regulations, including without limitation the Foreign Exchange Laws of Japan, U.S. Export Administration Regulations (“EAR”), U.S. International Traffic in Arms Regulations (“ITAR”) and sanctions of U.S. Office of Foreign Assets Control (“OFAC”), orders or other restrictions of the Export Regulations.
- Users are not subject to sanctions of Export Regulations specified by the government agencies of Japan, the United States, or the importing country.
- Users shall not use this service for research and development or manufacturing of the weapons for mass destruction such as nuclear/chemical/biological weapons and missiles for their delivery and/or any conventional weapons.
- Users shall not sell, transfer, release or otherwise make available this service to any firm(s), any corporation(s) and/or any person(s) that is likely to use those directly for research and development or manufacturing of the weapons for mass destruction such as nuclear/chemical/biological weapons and missiles for their delivery and/or any conventional weapons.
Governing Laws and Jurisdictional Court
The governing laws of the Service Agreement, including this Agreement, are the laws of Japan. Additionally, the Tokyo District Court or Tokyo Summary Court is the primary exclusive agreement jurisdictional court for applying and interpreting the Service Agreement including this Agreement, and for all disputes relating to the use of this Service. Which court is used depends on the amount of money sought.
Inquiries relating to this Service can only be made in Japanese, English, Chinese. This Company cannot respond to inquiries in any other language.
- This Company does not make any guarantees for this Service except for those explicitly stipulated in its various provisions.
- This Service is affected by the User's hardware, network environment, etc., and is dependent on the User's communication equipment, communication line, etc. This Company does not guarantee faultlessness or availability of this Service.
- This Company does not accept responsibility for any damages to the User caused by interruptions, suspensions, changes to or termination of this Service according to the Service Agreement.
- This Company does not accept responsibility for any damages occurring as a result of deletion, access restrictions, viewing or third-party disclosure of Content according to the Service Agreement.
- This Company does not accept responsibility for any damages occurring as a result of damage etc. to posted Content that occurs for reasons that are not the fault of this Company.
- If a dispute occurs between Users or between the User and a third party (including negotiations, claims, problems and legal action), this Company accepts no responsibility to resolve the dispute or for any damages that occur.
- This Company does not accept responsibility for any damages that occur as a result of non-sending or delay of emails occurring as a result of circumstances such as system failures or disconnection of communication equipment that are not the fault of this Company.
- This Company does not accept responsibility in the event that it is unable to provide all or part of this Service for reasons that are not the fault of this Company, including natural and terrestrial disasters, measures ordered by public authorities, strikes and cyber-terrorism.