paintone Terms and Conditions of Use

The terms and conditions of use shown here (hereinafter referred to as the "Terms and Conditions") set forth the terms between SHIKUMI DESIGN, Inc. (hereinafter referred to as the "Company") and users(hereinafter referred to as the "User") of iOS Application: "paintone: original noise and musical sound picture book maker" (hereinafter referred to as the "Application") and any services via Application (includes a Website for User authentication, hereinafter referred to as the "Service"), which is provided by the Company.

1. DEFINITIONS

In addition to the preamble, the following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions.

  1. "User" means a person who uses the Application and the Service.
  2. "Work" means data which includes images, sounds or a combination of both, that may be used in the Application. The Work also includes its title, the ID of the author, its released date, and so on.
  3. "Sharing Server" means a server on the Internet which is provided by the Company, in order to provide the creation and sharing of the Work created by the User.
  4. "Shared Work" means the Work which the User has uploaded to the Sharing Server.
  5. "ID" means a unique character string to be employed to identify the User.
  6. "Registered Email Address" means an Email address which is provided by the User to the Company in order to use the Service.
  7. "Password" means the password you choose to identify yourself when using the Service.
  8. "Registration Information" means the information which includes the ID, the Registered Email Address, the Password and combination thereof.

2. AGREEMENT TO THE TERMS AND CONDITIONS

  1. All Users shall use the Service in accordance with the terms stated in the Terms and Conditions.
  2. By actually using the Service, the User is deemed to have agreed to the Terms and Conditions.

3. MODIFICATIONS TO THE TERMS AND CONDITIONS

  1. The Company shall be able to change the Terms and Conditions without any consent of the User.
  2. The modification will become effective once the modified Terms and Conditions is posted on an appropriate location within the official website of the Application operated by the Company (http://www.paintone.org/policy/)
  3. In addition to the preceding paragraph, the Company might inform of modification in the following ways:
    1. Notification sent to the Registered Email Address.
    2. Notification using a function of the Application.
  4. The User shall be deemed to have granted valid the modified Terms and Conditions by continuing to use the Service.

4. UPDATE OF THE APPLICATION

The User shall keep the Application up to date for latest features.

5. THE REGISTRATION INFORMATION

  1. In order to use the Service, the User shall register the unique ID for the User to personally choose, the User identity and the Password to provide the Company with information about the available the Registered Email Address.
  2. One user will not register more than one ID. One ID will belong to only one user.
  3. The ID cannot not be changed after registration.
  4. The User can change the function of the Service, the Password and the Registered Email Address, but for the procedure, part of the registration information before the change is required. The Company does not take any responsibility if the ID of choice is not available, or if the User forgot or lost some or all of the registration information, and registration is no longer possible.
  5. If the User uploads their own Work to the Sharing Server, the ID of the User who uploaded will be shown as the author of the Work.
  6. The User shall be assumed to be paying enough attention to prevent unauthorized acts by third parties, such as spoofing, and is responsible for the management of the registration information. The Company shall not be held liable for any troubles or damages arising from the fact that the registration information is revealed to others.
  7. If the User finds a spoofing act by a third party, he/she shall notify the Company immediately.
  8. It is prohibited to transfer, lend or sell the ID.
  9. If the User himself can no longer use the Registered Email Address, he/she shall change the registration information immediately, entering an available Email Address. The Company shall not be held liable for any troubles or damages arising from a delay of this change.

6. DELETION OF THE ID

  1. If the User wants to stop the use of the Service, the User shall remove the ID him/herself.
  2. The Work that has been uploaded by the ID, along with the ID, itself will be deleted from the Sharing Server.
  3. It is not possible to re-register by using the same ID if you had deleted the ID once.
  4. In order to ensure effective operation of the Sharing Server, the Company will delete the User's ID, as determined by the Company, if the ID corresponds to the following conditions: The ID is not used for a long period of time and the affiliated Works are not downloaded by other users for a certain period of time.
  5. The Company shall not be

7. PROVISION OF THE WORK

  1. The Company will provide the User with paid and free Works through the Service and the Application.
  2. If the User buys the paid Work, the User shall pay the amount determined by the Company's settlement with Apple Corporation.
  3. The Company may revise the price of the paid Work. The User shall acknowledge that in some cases the revised price and price at the time of purchase is different for some works the User had purchased.
  4. Because the Work is a digital content, exchange and refunding are impossible. The Company shall not offer the User the ability to cancel the purchase, exchange or receive a refund after the Work had been purchased by the User.
  5. The User shall acknowledge that the cases specified in each of the following statements, the Work you have downloaded for free or purchased in the past, may not be available anymore.
    1. If the iOS has been upgraded.
    2. If the Application has been upgraded.
    3. If Apple Corporation stops selling the electrical device which is able to run iOS and stops providing support service.
    4. If the device which the Application has been installed on is undergoing restoring operations.
    5. If uninstall of the Application is done.
    6. If the reason is arising from Apple Corporation or the User himself.
  6. Based on the above, the Company shall not be held liable for any troubles or damages arising from the fact that the Work is not available.

8. HANDLING THE SHARED WORK

  1. The Shared Work, the images and sounds included in the Shared Work, the title and comment displayed as related to the Work have the possibility to be spread and changed beyond the original User’s intention using various methods including the following cases from (1) to (4). Each User should be aware of the prohibitions in the following Articles, and also, based on the Articles above, it is assumed that the User himself/herself pays enough attention to the handling of their Work.
    1. The Shared Work is downloadable by all Users. The images and sounds included in the Shared Work, the title and comments displayed as related to the Work shall have the possibility to be used by all Users and third parties beyond the original Work and the Application.
    2. The information of the Shared Work, the ID of the User who had originally uploaded the Work, the automatically generated thumbnail image of the Shared Work, the title and comments of the Shared Work are displayed on the application.
    3. Even after the original User deletes his/her Work from the Sharing Server, the Shared Work that had been previously downloaded to the Application of another User shall not be deleted from the other User’s Application.
    4. Another User can upload a Work previously downloaded from the Sharing Server. In this case, the Shared Work is treated as the new User’s Work, whether or not there is a change in the original Work, and the ID related to the Work is now the new User’s ID.
  2. The User should handle carefully his/her Work and should prevent trouble in advance, especially when the Work includes Portrait Rights, property or privacy information of him/herself or of third parties which have not given their consent.
  3. The User shall allow in advance the Work uploaded by him/herself to be used by other Users and the Company, and to be re-uploaded by other Users and the Company. The User cannot restrict usage of their Work by other Users and the Company by exercising copyright, moral rights, intellectual property rights or any other rights.
  4. Any responsibility for the shared Work shall be held by the User who uploads the applicable Work. The User shall settle any troubles or damages arising from his/her uploading the Work at his/her own liability and cost.
  5. The number of Works one User can upload is limited. When the Company reduces this number, the excessive number of Works will automatically be deleted. In this case, the User can not select which work will be deleted.
  6. The Company does not provide any guarantee of storing the Work on the Sharing Server whatsoever. The Company shall not be held liable for any troubles or damages arising from the deletion of the Work from the Sharing Server.
  7. We are not responsible for any troubles and damages caused by sharing of Works.

9. PROHIBITED ACTIVITIES

The User shall not engage in the followings when using the Application and the Service.

  1. ctivities that are an infringement of the Terms and Conditions.
  2. ctivities that infringe intellectual property rights, such as copyrights, trademarks and patents, and all other rights of the Company and/or third parties granted by the law or contract.
  3. ctivities that infringe the Portrait Rights, property, or privacy of the Company and/or third parties.
  4. efaming the character or trustworthiness of a third party or the Company; slandering or threatening third parties or the Company; or engaging in any similar act.
  5. ctivities that lead to the spoofing of the Company and/or third parties, or intentionally spreading false information.
  6. ctivities that conflict with the interests of the third parties.
  7. ctivities that disclose (unsolicited or without any agreement of the implied User) the personal information or personally identifiable information of the User himself/herself or of third parties.
  8. ctivities that use the Registration Information unauthorized or allows the unauthorized use of the Registration Information by the third parties.
  9. ivities of any election campaigns, election activities, violation of the election law and acts similar to these.
  10. Activities that violate the Anti-Stalking Act.
  11. Activities that are related to religious activities or invitations to certain religious groups.
  12. Activities for the purpose of marketing activities or profit, or commercial advertisements, except those permitted by the Company.
  13. Activities such as the redistribution, loan or sale of the Application, the Service or the Work to a third party, except those permitted by the Company.
  14. Activities that provoke opening or solicitation of any pyramid schemes.
  15. Activities that contravene the public order and morals, all applicable laws and common sense.
  16. Activities that constitute criminal activities, or Activities that will lead to criminal activities.
  17. Activities of uploading or publishing Works that are obscene/sexual, or contain child pornography or child abuse. Activities of selling media with such information of the Work. Activities of display of advertisements evoked of transmission, display, or selling of such medium.
  18. Activities that are related to invitations to obscene or sexual behaviours, or the like (including adultery, schoolgirl prostitution, prostitution, sex services, online dating, etc.).
  19. ivities of violent or sexual expressions; expressions that lead to discrimination based on race, origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury or drug abuse; or anti-social expressions that include anti-social content that lead to the discomfort of others.
  20. Overloading the server beyond its ordinary scope of use, or otherwise disturbing or hindering the management of the Services or use of the Services by the User.
  21. Activities such as analyzing, decompiling, or reverse engineering of the Application, the Service or the Works.
  22. Activities that bypass the technical restriction of the Application, the Service or the Work.
  23. Activities that report a false statement or notification that may cause misunderstanding to the Company.
  24. Activities that the Company did not intend for the Service.
  25. Activities that conflict with the interests of the Company.
  26. Activities that may be deemed by the Company as likely to fall under any one of the items in the preceding paragraphs.
  27. Other activities that are deemed by the Company to be inappropriate.

10. MEASURES FOR THE PROHIBITED USES

  1. If the Company considers the User’s behavior as being prohibited, the Company takes any measures they deem appropriate (e.g., to delete and disclose the ID of the implied User, and/or to delete the Work).
  2. All users, including the implied User, it is assumed that they had approved the measures set forth in the preceding paragraph, at the discretion of the Company, and the Company shall not be held liable for any troubles or damages arising from the measures.
  3. The Company is not obliged to confirm whether any Work is prohibited or to take measures regarding such statements in order to avoid any similar event or condition in the future.

11. PRIVACY POLICY

To learn how the Company safeguards the User's personal information, please review the Privacy policy of the Company.

12. DISCLAIMER OF WARRANTIES

  1. The Company does not provide any guarantee regarding the storing of the content of the Work whatsoever. Also the Company shall not be held liable for any troubles or damages arising from sharing the Work. In the event of a dispute between users, it shall be solved between the two parties involved, without the interference of the Company.
  2. The Company shall not be held liable for any troubles or damages arising from the use of the Application, Service or Work.
  3. The Company shall not be held liable for any troubles or damages arising from activities such as spoofing acts by thirds parties.
  4. If the Company can no longer providing the Work, the Application and the Service, they can change the content at the discretion of the Company. The Company shall not be held liable for any troubles or damages arising from this change.
  5. If a failure occurs in the provision of the Services by factors beyond the assumption of overload and other excesses, the Company shall not be held liable for any troubles or damages arising from this failure.
  6. When the Application and the Service is used, internet connection fees and other usage fees that are incurred are to be borne by the User. Please check the file size at the time of upload and download of the Work before proceeding.
  7. Proper usage of the Application, the Service and the Work is not guaranteed on all systems.

13. ENGLISH VERSION OF THE TERMS AND CONDITIONS

The Terms and Conditions is written in Japanese and English. However, only Japanese text of the Terms and Conditions shall be an official text, shall supersede English text, and shall be determining in all respects in case of any discrepancy.

14. GOVERNING LAW

The Terms and Conditions shall be governed, construed and interpreted in accordance with the laws of Japan.

15. JURISDICTION

Conflicts that arise from the Service or conflicts between the User and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Fukuoka.

PRIVACY POLICY

BASIC POLICY

We at SHIKUMI DESIGN, Inc. (hereinafter referred to as the "Company") will handle all user information concerned with the "paintone: original noise and musical sound picture book maker" (hereinafter referred to as the "Application") service and all its related services (hereinafter referred to collectively as the "Service") in accordance with the followings.

  • The Company will comply with laws and regulations concerning the protection of personal information.
  • The Company will endeavor to prevent unauthorized access to personal information, and alteration and leakage of personal information.
  • The Company will review the management practice of personal information and continuously implement the improvement.

INFORMATION COLLECTION

The list below is the information which may contain personal information that the Company will collect through the Service.

  • The ID to use the Service that has been personally selected by the User.
  • The Password to use the Service that has been personally selected by the User.
  • Email address of the User.
  • Information of the inquiry from the User.
  • Usage information, such as the version of iOS and IP address, when using the Service.

Since the Company does not intended to gather the information, the Company shall not treat it as the target of this Privacy Policy (hereinafter referred to as the "Policy"), if data created in the Application (hereinafter referred to as the "Work") includes personal information and the information is published through the Service.
The Company shall not be held liable for any troubles or damages arising from publishing such information.

PURPOSE OF USER INFORMATION

The Company will use the acquired personal information within the scope of the following purpose of use:

  • To offer and allow safe utilisation of the Service to the User.
  • To display an ID that will identify the User who uploaded the Work.
  • To send information about the Application and the Service to the User.
  • To contact the User for in case of emergency or updates.
  • To enable the Company to deal effectively with user inquiries.
  • Sharing, providing and publishing statistical data using the Service, that does not provide direct identification of the User.
  • To identify the User that violates the Terms and Conditions, and take action in order to stop the access to the Service.
  • To provide to third parties within the scope specified in the next section.

THIRD-PARTIES

(1) We may disclose and provide personal information to third parties without the consent of the User only if it falls under any of the following.

  • In the case of deeming that User consent was made based on the terms of use or this Policy;
  • Inquiries based on laws and ordinances issued by public institutions;
  • In case of delegating certain tasks specified in section (4) below;
  • When it is necessary to protect the rights of our Company and third parties;
  • When it is necessary to protect human life, body or property;
  • When this Product and this service itself are subject to property transfer.

(2) Personal information disclosed and provided to third parties in the case of the previous issue (1) is as follows:

  • The ID to use the Service that has been personally selected by the User.
  • The Password to use the Service that has been personally selected by the User.
  • Email address of the User.
  • Information of the inquiry from the User.
  • Usage information, such as the version of iOS and IP address, through the Service.

(3) The method of disclosing and providing personal information of the previous issue (2) to a third party is as follows:

  • Print out and issue
  • Provision using various communication means
  • Delivery in the form of other external recording mediums

(4) If you do not wish to provide the third party mentioned above with your information, you can stop this by contacting the Company through an inquiry specified in the last section.

THE OUTSOURCING

When the Company entrust personal information to other parties for the Service, the Company concludes the necessary agreements with the appropriate entrusted parties, and take such measures as are necessary under the law.

THE COMPANY’S EXEMPTION OF LIABILITY

The Company shall not be held liable for any troubles or damages arising from acquired the personal information by the third parties as follows.

  • When the provision of personal information to external websites linked with the Service is facilitated by the User providing personal information to these external sites.
  • When the User himself provides their own personal information through the Service. Or when the other User provides the User's personal information to the third parties.
  • Without negligence of the Company.

CHANGES TO THE POLICY

The User should check this Policy and the Terms and Conditions, because the Company may revise the Policy from time to time. Details of changing of the policy are in accordance to the article 3 of the Terms and Conditions.

CONTACT INFORMATION

If there is any thoughts or questions about the Policy? Please, let us know.

SHIKUMI DESIGN, Inc.

  • President: Shunsuke Nakamura
  • Hakata Hojo Building 401, 4-8-15 Hakata-ekimae, Hakata-ku, Fukuoka-shi, 812-0011 Japan