Terms of service
All English versions are provided for reference purposes only. In any event, the Japanese version shall prevail.
The Terms of Service (hereinafter referred to as the "Terms of Service") stipulates the matters that users must comply with and the rights and obligations between Sozi Inc. (hereinafter referred to as "the Company") and users in using the Service (defined in Article 2). Please be sure to read these Terms of Service in their entirety before agreeing to them.
Article 1 Application
The purpose of this Agreement is to define the rights and obligations between the Company and the User (as defined in Article 2) regarding the use of the Service (as defined in Article 2) and applies to all relationships between the User and the Company regarding the use of the Service.
By using the Service, the user (defined in Article 2) is deemed to have agreed to these Terms of Service, and a contract for use of the Service in accordance with the various provisions of these Terms of Service is established between the user and the Company.
The rules, regulations, etc., related to the Service that the Company post on the Company's website (defined in Article 2) from time to time shall constitute a part of these Terms of Service.
Article 2 Definition
"App Store" means the iTunes App Store, Google Play, or any other platform provided by the Company for distributing applications for the Services.
"External social networking service" means a social networking service provided by Facebook or any other entity as prescribed by the Company, which has functions such as user authentication, disclosure of friendships, and publication of content within such external social network, and which is used to implement the Service.
"External SNS provider" means a service provider of external SNS services.
"External SNS Terms of Service" means the terms and conditions that define the relationship of rights between the User and the External SNS Operator.
"Intellectual Property Rights" means copyrights, patents, utility model rights, trademarks, design rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights). (including the right to acquire such rights or to apply for registration, etc. of such rights).
"The Company's Website" means the website operated by us whose domain is "pictureinbottle.com" (if the domain or content of our website is changed for any reason, including the website after such change). (including the right to acquire such rights or to apply for registration, etc. of such rights).
"Prospective Registrant" means the "Prospective Registrant" as defined in Article 3.
"Registration Information" means the "Registration Information" as defined in Article 3.
"Registered User" means an individual who has been registered as a user of the Service in accordance with Article 3.
"The Content" shall mean illustrations, cartoons, music, novels, and other content posted by Registered Users using the Service.
"The Service" means the service named "pib", which allows you to view the Contents, provided by the Company. (If the name or content of the service is changed for any reason, this includes the service after such change).
"The Introduction" means that the Company, at the Company's discretion, introduces the Content to the User by displaying it on the User's smartphone or by other means.
"Paid Plan User" means a "Paid Plan User" as defined in Article 5, Section 1.
"User" means a user of the Service.
"Service Agreement" means the "Service Agreement" as defined in Article 1, Section 2.
Article 3 User Registration
A person who wants to use the Service by registering (hereinafter referred to as a "Prospective Registrant") ("Applicant") agrees to abide by these Terms of Service and provides certain information as determined by the Company ("Registration Information"). ("Registration Information") to the Company in a manner prescribed by the Company.
Application for registration must be done by the individual using the service, and in principle, application for registration by a proxy is not permitted. In addition, when applying for registration, the applicant must provide true, accurate, and up-to-date information to the Company.
The Company may deny registration to any person who has applied for registration in accordance with Section 1 if any of the following circumstances apply.
If the Company determines that there is a possibility of a violation of these Terms and Conditions.
In the event that all or part of the registration information provided to the Company is untrue, erroneous, or omitted.
If you are a person whose registration for the use of this service has been canceled in the past.
The applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, conservator, or assistant.
Antisocial forces, etc. (meaning organized crime groups, members of organized crime groups, right-wing groups, antisocial forces, or other similar persons. The same shall apply hereinafter) If the Company determines that the person is an anti-social force, etc. (meaning a crime syndicate, organized crime group, right-wing group, anti-social force, or other similar people; the same shall apply hereinafter), or is involved in any interaction or involvement with anti-social forces, etc. such as cooperating or participating in the maintenance, operation or management of anti-social forces, etc. through the financial provision or otherwise.
Other cases in which the Company deems the registration is not appropriate.
The Company will determine whether or not to register the applicant in accordance with the preceding paragraph and our other criteria, and if the Company approves the registration, the Company will notify the applicant of such approval.
In the event of any change in the registered information, the registered user shall, without delay, notify the Company of such change in the manner prescribed by the Company and submit any materials requested by the Company.
Article 4 Use of the Service
During the term of validity of the User Agreement, the User may use the Service in accordance with the methods that the Company specified separately. However, if the Company, at its discretion, changes the method of use of the Service or other contents of the Service, the User shall use the Service in accordance with such changed contents. In addition, even if the same user has multiple user IDs, whether or not a paid fee plan is applicable and other terms and conditions of use shall be determined for each user ID.
Article 5 Fees and Payment Method
Registered users to whom a fee-based fee plan is applied ("Paid Plan Users") shall bear the usage fees prescribed by the Company specified separately.
The applicable period of the fee plan shall be a period separately determined by the Company. A paid plan user may change or reject renewal of the fee plan by notifying the Company in accordance with the terms and conditions prescribed by the Company. If the user does not change or refuse renewal of the fee plan, the fee plan will be automatically renewed under the same terms and conditions from the day after the expiration date of the applicable period, and the same will apply thereafter. However, if there are any conditions stipulated in the app store, such conditions shall take precedence over the provisions of this section, and in no event shall the usage fee be refunded or reduced on a pro-rata basis.
Paid plan Users shall pay the Company by the due date specified by the Company in one of the following methods. The paid plan User shall bear the bank transfer fee and other expenses necessary for payment.
App Store prescribed method
Other methods determined by the Company
If there is any change in the credit card information (card number, name, credit card company, and any other information necessary for payment by credit card) provided to the Company, the paid plan user shall change such credit card information in the manner prescribed by the Company. If there is any change in the credit card information (meaning the credit card number, name, credit card company, and any other information required for credit card payment) provided by the user, the user must change the credit card information in the manner prescribed by the Company.
If a Paid Plan User delays payment of the Usage Fees, the Paid Plan User shall pay to the Company a late fee at the rate of 14.6% per annum.
Article 6 Management of Account Information
Registered Users shall, at their own responsibility, manage and keep their user ID and password for the Service (hereinafter referred to as "Account Information" in this Article). Registered Users shall manage and store their user IDs and passwords (hereinafter referred to as "Account Information" in this Article) for the Service at their own responsibility and shall not allow any third party to use, lend, transfer, change the name of, buy or sell, etc. such User IDs and passwords.
Registered users shall be responsible for any damages caused by inadequate management of account information, errors in use, or use by third parties, and the Company shall not be liable for any such damages.
If a registered user discovers that his/her account information has been stolen or used by a third party, the registered user shall immediately notify the Company and follow the Company's instructions.
Article 7 Prohibited Acts
In using the Service, the User shall not engage in any of the following acts
Any act that infringes on the intellectual property rights, portrait rights, rights to privacy, honor, or other rights or interests of the Company, other Users, external SNS providers, or other third parties (including acts that directly or indirectly cause such infringement).
Any use of the Content other than viewing and saving which the Company allows (including reproduction, copying, modification, transmission to a third party, or any other use by taking screenshots or otherwise).
Actions related to criminal acts or offensive to public order and morals.
Transmitting obscene information or information harmful to youth.
Transmitting information regarding heterosexual relationships.
Violation of laws and regulations, or internal rules of the Company or the trade association to which the User belongs.
Transmitting information that contains computer viruses or other harmful computer programs.
Falsifying information that may be used in connection with this service.
Transmitting data through the Service that exceeds a certain data volume specified by the Company.
Acts that may interfere with the Company's operation of the Service.
Other activities that the Company deems inappropriate.
Registered Users shall not post any Content that falls under any of the following items.
Works for which permission for use has not been obtained from the copyright holder, or works containing derivative works of such works.
Containing sexual depictions, sexual acts, or any other depictions related to or potentially evocative of sex.
Contains excessively violent expressions.
Those containing expressions intended to promote religious or political activities.
Those include unfair discriminatory expressions concerning race, creed, sex, social status, or other grounds
Items that contain expressions that violate the guidelines separately stipulated by the Company.
Those containing expressions that may fall under any of the preceding items.
Items that contain expressions that the Company deems inappropriate.
In the event that the Company deems that a Registered User's act of transmitting the Content or other information on the Service falls under or is likely to fall under any of the items of Paragraph 1 or Paragraph 2, the Company may, without prior notice to the Registered User, delete all or part of such information, suspend transmission, or take any other action. The Company may take any other measures without prior notice to the registered user. The Company shall not be liable for any damages incurred by the registered user based on the measures taken by the Company in accordance with this section.
Article 8 Suspension of this Service
In any of the following cases, the Company may suspend or discontinue use of the Service, in whole or in part, without prior notice to the User.
When performing periodic or emergency inspections or maintenance work on the computer systems related to this service.
In the event of an accidental shutdown of computers, communication lines, etc.
In the event that this service cannot be operated due to a force majeure such as fire, power outage, or natural disaster.
In the event of trouble, interruption, or suspension of service provision, suspension of linkage with this service, specification changes, etc., to external SNS services.
In any other cases where the Company deems it necessary to suspend or discontinue the service.
The Company reserves the right to terminate the provision of the Service for its own reasons. In this case, the Company shall notify the user in advance.
The Company shall not be liable for any damage incurred by the User based on the measures taken by the Company under this Article.
Article 9 Burden of Equipment
The preparation and maintenance of computers, smartphones, software, other devices, communication lines, and other communication environments, etc. necessary to receive the Service shall be done at the User's expense and responsibility.
Users shall, at their own expense and responsibility, take security measures to prevent computer viruses, unauthorized access, information leaks, etc., in accordance with their own environment for using the Service.
Even if the Company has stored messages and other information sent and received by users for a certain period of time for operational purposes, the Company is not obligated to store such information, and the Company may delete such information at any time. The Company shall not be liable for any loss or damage incurred by the user as a result of the deletion of such information.
When the User installs software on the User's computer, or smartphone by downloading from the Company's website or other methods at the start of use of the Service or while using the Service, the User shall take sufficient care to prevent the deletion or alteration of information owned by the User or the breakdown or damage of the equipment, and the Company shall not be liable for any damage incurred by the User. The Company shall not be liable for any damage incurred by the User.
Article 10 Ownership of Rights
All ownership and intellectual property rights to the Company's website and the Service are the property of the Company or its licensors, and the granting of a license to use the Service under these Terms of Service does not imply any transfer or license of intellectual property rights to the Company or its licensors in the Company's website or the Service, except as expressly provided in these Terms of Service. The User shall not, for any reason whatsoever, perform any act that may infringe upon the intellectual property rights of the Company or any licensee thereof (including, but not limited to, disassembling, decompiling, or reverse engineering).
All ownership rights and intellectual property rights regarding the Company's website and this service belong to the Company or those who have granted licenses to the Company, and the license to use this service stipulated in this agreement is expressly stated in this agreement. It does not imply the transfer or licensing of any intellectual property rights of the Company or its licensors relating to the Company Website or the Service, except as otherwise stated.
Article 11 Cancellation of Registration
The Company may, without prior notice or demand, temporarily suspend a user from using the Service, cancel the user's registration as a registered user, or terminate the User Agreement if any of the following grounds apply to the user.
Violation of any of the provisions of these Terms and Conditions.
When it is found that there is an untrue fact in the registration information.
You have used or attempted to use the Service for any purpose or in any manner that may cause damage to the Company, other Users, external SNS providers, or any other third party.
When a user is no longer able to receive services from or link with an external SNS provider due to a violation of the external SNS Terms of Service or for any other reason.
Interferes with the operation of this service in any way.
(iii) You stop making payments or become insolvent, or a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or similar proceedings.
When a bill or check drawn or accepted by the applicant is dishonored, or when a suspension of transactions by a clearing house or other similar action is taken.
When a petition for seizure, provisional seizure, provisional disposition, compulsory execution, or the auction has been filed.
In the event of delinquent taxes and public dues.
In the event of death, or in the event of a trial for commencement of guardianship, conservatorship, or assistance.
If you have not used the Service for more than 12 months and have not responded to the Company's communications.
When any of the items of Article 3, Section 3 applies.
The Company otherwise deems it inappropriate for the User to continue to use the Service.
In the event of any of the events listed in the preceding sections, the User shall lose the benefit of time with respect to all debts owed to the Company, and shall immediately make payment of all debts owed to the Company.
The Company and the Registered User may cancel the registration of the Registered User or terminate the User Agreement by notifying the other party in the manner prescribed by the Company at least seven days prior to the termination of the Agreement.
The Company shall not be liable for any damages incurred by the User as a result of any action taken by the Company in accordance with this Article.
The Company shall not refund or reduce the usage fee to such paid plan users even if a paid plan user's registration is canceled pursuant to this Article.
Article 12 Disclaimer of Warranty and Liability
While the Company will endeavor to provide recommendation (which includes the possibility that users may be exposed to content that is offensive, inaccurate or inappropriate) that match each users preferences, the Company makes no guarantee that it will provide the contents that users desire, or that the content posted by users will be introduced to other users. The Service is provided on an "AS IS" basis, and the Company makes no warranty of any kind regarding the Service, including, but not limited to, its fitness for a particular purpose, commercial usefulness, completeness, or continuity.
The Service may be linked with external SNS services, but the such linkage is not guaranteed, and the Company assumes no responsibility for any failure of the Service to link with external SNS services.
In the event that this service is linked to an external SNS service, the user shall comply with the terms of service of the external SNS service at the user's own expense and responsibility, and the Company shall not be liable for any dispute that may arise between the user and the external SNS service provider operating such external SNS service. The Company shall not be liable for any disputes, etc. between the user and the external SNS service operator.
The Company makes no warranty that the use of the Service by the User will conform to the laws and regulations applicable to the User or the internal rules and regulations of any industry organization. The Company makes no warranty that the use of the Service by the User will conform to the laws and regulations applicable to the User or the internal rules of any industry organization.
Any transactions, communications, disputes, etc. arising between a user and other users, external SNS providers, or other third parties in connection with the Service or the Company's website shall be handled and resolved at the responsibility of the user, and the Company shall not be liable for any such matters.
The Company shall not be liable for any interruption, suspension, termination, unavailability, or modification of the Service by the Company, deletion or loss of user messages or information, cancellation of registration of registered users, loss of data or malfunction, or damage to equipment due to use of the Service, or any other damages incurred by the user in connection with the Service. The Company shall not be liable to compensate for any damages incurred by users in connection with the Service.
Even if links are provided from the Company's website to other websites or from other websites to the Company's website, the Company shall not be liable for any website other than the Company's website or information obtained therefrom for any reason whatsoever.
The Company shall not be liable for any damages incurred by the User in connection with the Service. Even in the event that the Company is liable for damages to a user due to the application of the Consumer Contract Act or for other reasons, the maximum amount of the Company's liability for damages shall be the total amount of fees actually received from the user for the Service during the past six months from the time the damage occurred or five hundred yen, whichever is higher.
Article 13 Liability of User for Compensation
If the User causes damage to the Company by violating these Terms of Service or in connection with the use of the Service, the User shall compensate the Company for such damage.
In the event that a User receives a claim from or has a dispute with another User, an external SNS provider, or any other third party in relation to the Service, the User shall immediately notify the Company of the details of such claim or dispute, handle such claim or dispute at the User's expense and responsibility, and, upon the Company's request. The User shall also handle the claim or dispute at the User's expense and responsibility, and shall report the progress and results thereof to the Company at the Company's request.
If the Company receives any claim from another user, an external SNS provider, or any other third party for infringement of rights or any other reason in connection with a user's use of the Service, the user must indemnify the Company for any amounts the Company is forced to pay to the such third party based on such claim.
Article 14 Confidentiality
"Confidential Information" as used herein shall mean all information regarding the Company's technology, business, operations, finances, organization, and other matters provided or disclosed to you by the Company in writing, orally, or in recorded media, or otherwise made known to you, in connection with the Subscriber Agreement or the Service. Provided, however, that
Any information that was already publicly known or known to the public at the time it was provided or disclosed by the Company or at the time it was acquired by the Company.
After being provided, disclosed, or obtained by the Company, the information shall become public knowledge through publications or other means due to reasons not attributable to the Company.
It is lawfully obtained from a third party authorized to provide or disclose the information without being obligated to maintain confidentiality.
It is developed independently without confidential information.
Information that has been confirmed in writing by the Company to the effect that confidentiality is not required shall be excluded from confidential information.
User shall use confidential information only for the purpose of using the Service and shall not provide, disclose or divulge the Company's confidential information to any third party without Company's written consent.
Notwithstanding the provisions of Section 2, the User may disclose Confidential Information in response to an order, demand, or request by law, court, or government agency. However, in the event of such order, request or demand, the User shall promptly notify the Company of such order, request, or demand.
User shall obtain the Company's prior written consent before reproducing any document or a magnetic recording medium, etc., containing Confidential Information, and shall strictly manage the reproductions in accordance with Section 2.
Whenever requested by the Company, the User shall, without delay and in accordance with the Company's instructions, return or destroy the Confidential Information, any documents or other recorded media containing or containing the Confidential Information, and all copies thereof.
Article 15 Period of Validity
The Subscriber Agreement shall remain in effect between the Company and the user until the earlier the date on which the registration of such registered user is canceled, the date on which the Subscriber Agreement is terminated, or the date on which the provision of this Service is terminated.
Article 16 Changes to these Terms
The Company shall be free to change the contents of the Service at any time.
The Company shall not be liable for any loss or damage arising from the use of this Agreement (including, but not limited to, rules, regulations, etc. posted on the Company's website regarding the Service. The same shall apply hereinafter in this paragraph). The Company may change the Terms of Service (including rules and regulations regarding the Service posted on the Company's website, etc.). The Company shall notify the User of any changes to the Terms of Service, and if the User uses the Service after notification of such changes, or if the User does not cancel his/her registration or terminate the Service Agreement within the period of time specified by the Company, the User shall be deemed to have agreed to the changes to the Terms of Service. The User shall be deemed to have agreed to the changes in the Terms of Service.
Article 17 Notification
Inquiries and other communications or notifications from users to the Company concerning the Service, as well as notifications or communications from the Company to users concerning changes to these Terms of Service, shall be made in the manner prescribed by the Company.
Article 18 Assignment of these Terms
The User may not assign, transfer, grant a security interest in, or otherwise dispose of the User's position under the Agreement, or rights or obligations under the Agreement, to any third party without the Company's prior written consent.
In the event that the Company transfers the business related to the Service to a third party (regardless of the form of the transfer, such as business transfer, company split, etc.), the Company may transfer the position under the Service Agreement, the rights and obligations under the Terms of Service, and the User's registration information and other customer information to the transferee of such transfer.
Article 19 Entire Agreement
This Terms constitutes the entire agreement between the Company and you with respect to the subject matter herein and supersedes all prior agreements, representations, and understandings, whether oral or written, between the Company and you with respect to the subject matter herein.
Article 20 Severability
If any provision of these Terms or part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these Terms and the remaining portions of any provision that is determined to be invalid or unenforceable in part shall remain in full force and effect, and the Company and the User shall endeavor to modify such invalid or unenforceable provision or portion to the extent necessary to make it legal and enforceable, and to ensure that the intent and legal and economic effect of such invalid or unenforceable provision or portion are legally and economically equivalent.
Article 21 Survival Provisions
The provisions of Article 5, Article 6, Section 2, Article 7, Section 3, Article 8, Section 3, Article 9, Article 10, Article 11, Section 2, Section 4 and Section 5, Articles 12 through 14, and Articles 18 through 22 shall remain in effect even after termination of the Usage Contract. However, Article 14 shall remain in effect only for 3 years after the termination of the Subscriber Agreement.
Article 22 Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Japan, and any and all disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of the first instance.
Article 23 Consultation and Settlement
In the event that any matter is not stipulated in these Terms of Service or any question arises regarding the interpretation of these Terms of Service, the Company and the User shall promptly resolve such question through mutual consultation in accordance with the principle of good faith and faith.
Enactment Date： July 14, 2019
Update Date： August 23, 2019
Update Date： October 26, 2022