Terms of Use (TOU)

This Terms of Use (hereinafter “this TOU”) duly stipulates ⅰ) the Terms & Conditions on Providing the Service named PiVid (hereinafter referred to as this Service) to the Registered Users, and ⅱ) the Relationship of Rights & Duties between TANOSYS LLC (hereinafter referred to as “the Company”) and its individual Registered Users. Therefore, all the registered users must first read carefully the whole information and provisions set forth in this TOU, and then are required to fully agree on the whole TOU before they start to use the Service.

Article 1：Application Scope

1. The Terms of Use (this TOU) aims to duly stipulate ⅰ)the Terms and Conditions on the Company’s Provision of the Service to an individual Registered User, andⅱ) the Relationship of Rights and Duties between the Company and its individual Registered Users. This TOU shall be applied to any and all relationship, between the individual registered users and the Company, in connection with their use of the Service.
2. In case of any differences between the provisions of this TOU and the foregoing rules or any explanations or instructions set forth in any other texts than this TOU, the provisions of this TOU shall prevail and be applied to such case.

Article 2： Definitions

Each of the following terms used in this TOU shall be defined as follows：

1. “Intellectual Property Rights” shall stand for, respectively or collectively, copy right, patent right, utility model right, design right, trademark right and any other types of intellectual property rights (including the right to obtain any of these rights and the right to make an application for any registry, etc., based on any of these rights duly obtained.) “Posting Data (or Posted Data)” shall mean any form of contents, which a Registered User posts or otherwise sends to the designated address by use of the Service, that shall include, but not limited to, any written messages, images, moving images and other types of data.
2. “the Company’s website” shall stand for the website, managed and run by the Company, whose domain shall be [http://pivid.jp]. If such domain or the contents of the foregoing website is changed or modified in the course of time for any reasons, “the Company’s website” shall stand for the changed or modified website, the contents or the domain of which underwent such change or modification.
3. “Registered User” shall stand for an individual or a corporate body who has registered itself as a user of the Service under Article 3 (Registration).

Article 3：Registration

1. If any person, who wishes to become a registered user in order to utilize the Service (hereinafter “Registry Candidate”), agrees to observe this TOU and submits a set of registry information on such person (“Registry Information”), which is designated by the Company, to the Company in such manner as specified by the Company, such Registry Candidate is authorized to apply for the registration for using the Service.
2. “Terms of Use” or “Service Use Contract” shall be executed between the Registered User and the Company at the end of the registry procedures as specified in the foregoing first(1) paragraph, and the Registered User shall be authorized to start to use the Service under this TOU.
3. The Company has the right to refuse the registry application or the re-registry application by any Registry Applicant if any of the following cases is applied to such Applicant. The Company also has no obligation to disclose to such Applicant any reasons for such refusal which shall occur：
   1. When such Applicant is found to be a person who once violated the contract with the Company or any person/party concerned to such violator,
   2. When such Applicant once was subject to any of the actions stipulated in Article 9, or
   3. When such Applicant is judged to be inappropriate or improper for such registration.

Article 4：Change in Registered Information

Any Registered User shall notify the Company of any change(s) in his/her registered information, without any delay or fail, in such manner as specified by the Company, in case that such Registered User has such change(s) in his/her registered information.

Article 5：User’s Responsible Management of User’s Account Information.

1. Every Registered User shall, in a proper, secure manner and way, manage and maintain his/her own Account Information, which is needed for the Service, at their full responsibility. Any Registered Users shall never let any other third party use his/her own account information for any reasons, nor lend, assign sell his/her own Account Information for any reasons.
2. Any damage or loss, resulting from any Registered User’s insufficient management of his/her Account Information, his/her wrong use of or fault in using such Account Information or from any third party’s use of such Account Information shall be fully borne by such Registered User him/herself only. The Company shall be free from and never bear or hold any responsibility for such damage or harm resulting from the above-mentioned causes.

Article 6：Prohibited Activities

Any Registered User of the Service shall never conduct any of the following prohibited activities or any activities which the Company judges fall into the prohibited activities below：

1. Any activities violating the law and the regulations or in connection with any crime,
2. Any fraud or swindle or attempted fraud or swindle or threat against the Company, other users of the Service and/or any third parties,
3. Any activities violating the public order and morals,
4. Any activities that infringe or may infringe on the intellectual property rights, the portrait rights, the privacy right, the honor and any other rights and benefits of the Company, other users of the Service and/or any third parties,
5. Any Registered User of the Service shall never send, by use of the Service, to the Company or any other users of the Service any of the following prohibited contents or types of information or any information which the Company judges falls into any of the following prohibited contents or types of information containing;
   • any extremely violent or cruel expressions,
   • any computer viruses and/or other types of harmful computer programs,
   • any expressions that impair the honor or the trust of the Company, any other users of the Service or any other third parties,
   • any extremely obscene expressions,
   • any expressions which lead to the expansion of discriminations,
   • any expressions which promote any suicide and/or self-injurious behaviors of people,
   • any expressions which promote any improper or wrongful use of illegal drugs,
   • any expressions which are of any anti-society nature,
   • any request for any third parties to disperse chain emails or any other ill-natured information,
   • any expressions which make others feel uncomfortable, and/or
   • any purposes to meet or date with a new person or people of opposite gender who such user has never met before.
6. Any activities or attempt to impose too much load on the network or the system, etc., of the Service,
7. Any activities which disturb or threaten to disturb the implementation of the Service,
8. Any activities or attempted activities of unauthorized access to the Company’s network or systems, etc.,
9. Any activities to pretend to act as a third party or complete different person,
10. Any activities to use the ID or the Password, which other users owns, of the Service,
11. Any activities to advertise or merchandize things, commercially invite people to any services or conduct any commercial acts without the Company’s prior authorization,
12. Any activities to collect any information on other users of the Service,
13. Any activities or attempted activities to bring about any disadvantages, damages or harms or discomfort to any third parties,
14. Any activities to provide any benefits to any anti-social forces, etc.,
15. Any activities to (try to) meet or date with a new person or people of opposite gender who such user has never met before,
16. Any activities to, directly or indirectly, cause or try to cause any of the foregoing prohibited activities and/or easily conduct such activities, and
17. Any other activities which the Company judges improper or inappropriate.

Article 7：Stop or Suspension of the Service

1. The Company has the right to stop or suspend the providing of the whole or any part of the Service to its Registered Users without any prior notice to them, if any of the following cases happens：
   1. Any emergent inspection or maintenance of the computer system used for the Service,
   2. Any stoppage of the computers, the communication lines, etc. due to an accident of any nature,
   3. Any case of Force Majeure or Acts of God such as earthquake, thunderbolt, fire, storm or flood, power outage, various disasters, etc., that disables the implementation of the Service, and
   4. Any other cases which make the Company judge the suspension or stoppage of the Service.
2. The Company shall be free from or never hold any responsibility for any damages which any of its Registered Users suffer or may suffer as the result of such stoppage or suspension which the Company decided to make for the purpose of this Article7.

Article 8：Ownership of Rights

1. Any and all the intellectual property rights, contained in or connected with or related to the Company’s website and the Service,shall exclusively belong to the Company or to a person who has granted the licenses over such rights to the Company. AnyRegistered User, who has been authorized to use the Service in compliance with this TOU, shall never be authorized to use any ofsuch intellectual property rights, contained in or connected with or related to the Company’s website and the Service, that shall belong to the Company or to a person who has granted the licenses over such rights to the Company.
2. Every Registered User shall assure and guarantee the Company that he/she has obtained appropriate rights over their own posted data or posting data and over the posting or otherwise the sending of such data, and that such posted or posting data do not infringe any rights of any third parties.
3. Every Registered User shall grant or agrees to grant the Company the licenses－of the worldwide, non-exclusive, free-of-charge and sub-licensable nature－to use, reproduce, distribute, make derivatives of , display and implement his/her own posted or posting data.
4. Every Registered User shall agree not to exercise any author’s personal right over the Company or any person or party who has succeeded to or has been authorized to use the Company’s rights.
5. Every Registered User shall agree to be exclusively and fully responsible for any and all claims and/or invoices arising out of or in connection with his or her posted data, use of this Service, breach or violation of this TOU, and/or infringement of third parties’ rights. Every Registered User shall also agree to settle such claims or payments at his or her own liabilities, responsibilities and expenses.
6. In case that the Company has to pay for such claims and/or invoices as described in the foregoing 5th Clause or actually made a payment for any compensation and/or damages, then the responsible Registered User shall and agree to solely bear, for the benefits of the Company, not only such costs, compensations and/or damages, but also the Company’s legal fees and other necessary expenses. At the same time, the Company is entitled to oblige such Registered Use to make the due payment of the total amount of money the Company paid as above-mentioned in this provision.

Article 9：Deletion , Suspension, Stoppage, etc. of User’s Registration

1. If the Company finds that any of its Registered Users falls under any of the following cases, the Company has the right to, without any prior notice or notification to such Registered User, delete his/her posted data, temporarily suspend or stop his/her use of the Service, delete his/her registration and status as a Registered User or terminate the Service Use Contract with such Registered User who has;
   1. violated any of the provisions set forth in this TOU,
   2. fallen into the respective items set forth in the Third Paragraph of the 3rd Article,
   3. posted his/her data which does not satisfy our standard, or
   4. who is or who has been judged by the Company to be an inappropriate or improper for using the Service, registering his/herself as a Registered User or for continuing or renewing the Service Use Contract.
2. In case the Company reasonably judges any Registered User falling into any of the foregoing cases, such Registered User shall lose the benefit of time over any and all financial obligations such User owes to the Company, and also make the full, prompt payment of such obligations to the Company immediately.
3. The Company shall bear or hold no responsibility to any of its Registered Users for any damages or loss which any of such Registered Users suffers or may suffer as the result of the action the Company implements in accordance with this Article.

Article 10. Intentional Deletion of User’s Account

1. Any Registered User has the right to delete his/her own Account Information, which shall include his or her posted data, from Smartphone Application of PiVid the user uses.
2. Any Registered Users, who withdrew the Service, shall follow or agree to follow the provisions of Article 14 as for the handling by the Company of information on such Users.

Article 11：Contents Change/ Termination of the Service

1. The Company has the right to change or modify the contents of the Service or terminate the provision of the Service for its own reasons. In case that the Company terminates its provision of the Service, the Company shall notify all its Registered Users of such termination beforehand.
2. The Company shall bear or hold no responsibility to any of its Registered Users for any damages or loss any of such Registered Users suffer or may suffer as the result of the termination the Company made in accordance with this Article.

Article 12：Disclaimer of Warranty and Indemnity

1. The Company shall have no obligation to warrant ⅰ) that the Service meets such specific purpose or function as any Registered User(s) expect or has any commercial value, accuracy or usefulness, ⅱ) that the use of the Service by any Registered User(s) satisfies any laws or regulations applicable to such Users or any internal regulations or others specified in the relevant industries and ⅲ) that no failure happens on the Service or the use of the Service by any Registered User(s).
2. The Company shall bear or hold no responsibility to compensate any and all damages that its Registered User(s) suffer or may suffer as the result of any suspension, stoppage, termination, failure to make the use and/or change/modification by the Company of the Service or any deletion or loss of any message or information sent by any Registered User(s) to the Service, any deletion of the registry status of any Registered User(s), any loss of the registered data or any breakdown of or damage to devices arising from any use of the Service or any other adverse situations.
3. Even if the Company is obliged to hold the responsibility, for any reasons, to make any compensation, for User’s Damages, to any one of its Registered Users, the Company’s compensation for such Registered User shall never exceed the amount of the money that such Registered User paid to the Company in the past【twelve (12) months】for his/her use of the Service. Also, the Company shall have no obligation or responsibility for any adjunctive, indirect, special or future damages and lost profit damages that are attached to such User’s Damage.
4. The Company shall have no responsibility for any dealings, communications, disputes or any other matters, between any Registered User and other Registered Users, arising out of or in connection with the Service or the Company’s website.

Article 13：Confidentiality

Any Registered User shall agree to treat any information ‘as confidential,’ which was disclosed, as secret information, by the Company to such Registered User under the Condition of Non-Disclosure. Therefore, such user shall never be authorized to disclose such confidential information without any prior written consent from the Company.

Article 14：Handling of Users’ Information

1. As for the handling and management on the Information on the Company’s Registered Users’, such handling is duly and properly stipulated in the Company’s Privacy Policy （https://pivid.jp/privacy）. Registered Users shall agree on the Company’s handling of the information on its Registered Users which shall strictly comply with the said Privacy Policy.
2. The Company shall be authorized to process any information and/or data－which the Company receives from its Registered Users－into statistical form of information that cannot identify any of the Users, and to utilize and disclose such processed information at the Company’s discretion. At the same time, any Registered Users shall have no right to make any objection to such processing, utilization or disclosure.

Article 15：Changes in this TOU etc.

The Company may have the right to change or modify this TOU. In case that the Company changed or modified this TOU, the Company shall notify, through the Company’s website or through smartphone application of this Service, such change or modification to its Registered Users. In case that any Registered User fails to take the procedures for cancelling his or her Registration within seven (7) days after the Company’s notification on such change or modification, or that any Registered User used this Service after the notification on such change or modification, such User shall be deemed to accept and agree on such change or modification in this TOU.

Article 16：Communication/ Notification

Inquiries, requests and other types of communications or notifications, concerning the Service, from individual Registered Users to the Company, and communications or notifications, concerning any change in this TOU and any other matters, from the Company to its individual Registered Users shall be made in such manner as specified by the Company.

Article 17：Assign and Transfer, etc., of Contractual Status under this Service Use Contract

1. Any Registered Users shall never be authorized to assign, transfer, hypothecate or otherwise dispose in any ways, for the benefits of any third parties, their contractual status regarding this Service Use Contract or any duties and rights under this TOU, without any prior written consent from the Company.
2. n case that the Company assigns or assigned or transfers or transferred its business involving the Service to any other enterprise, the Company shall be able to assign or transfer a) its contractual status regarding this Service Use Contract, b) any duties and rights under this TOU, c) the registered information on its Registered Users and d) other types of information on such users and clients to such assignee, and the Registered Users shall be deemed to have agreed on such assignment made by the Company when its individual Registered Users refer to this Article. The business assignment or transfer set forth in this Article shall include any cases or forms of the business transfer or assignment as the result of the Company’s separation, split-up or any others, due to which the business involving the Service is assigned or transferred.

Article 18: Severability

If any provision of this TOU or any part of such provision is held or judged by Consumer Contract Acts or other laws and/or regulations to be invalid, or unenforceable, the remaining provisions of this TOU or the other remaining parts of such invalid or unenforceable provisions shall remain in full force and effect.

Article 19： Governing Law and Jurisdiction

1. This TOU and the Service Use Contract shall be governed by Japanese Law. It is completely agreed under this TOU that The United Nations Convention on Contracts for the International Sale of Goods shall be never applied to any cases of buys-and-sales of items which is or may be performed in the due course of the Service.
2. Any and all dispute arising out of or in connection with this TOU or the Service Use Contract shall be brought to the Fukuoka District Court as the exclusive agreement jurisdictional court of the first instance.