Terms of Use for Pash Service

Mogic Inc.

Formulation: July 1, 2016

(*Pash is our company’s registered trademark.)

Article 1 (General provisions)

  1. These terms of use stipulate conditions for when a customer uses the “Pash” service that our company provides (hereinafter referred to as “Our Company’s Service”).
  2. If a customer will use Our Company’s Service, he or she must agree to these terms of use without fail, and if the customer does not agree, he or she cannot use Our Company’s Service.
  3. For individual instances of Our Company’s Service, there are separate terms of use and other similar requirements (hereinafter referred to as the “Individual Terms of Use”), and in the event that these terms of use and the content of Individual Terms of Use conflict, application of the Individual Terms of Use will be given precedence.

Article 2 (Definitions)

  • (1) Pash refers to an application for a material-creation service that combines text, photographs, images, and video (hereinafter simply referred to as the “Application”), and customers can voluntarily install it from Pash’s unique domain (http://getpash.jp/) and other application stores.
  • (2) Customer refers to a person who, on the premise that he or she agreed to all of these terms of use and the Individual Terms of Use, will use Our Company’s Service or intends to use it in the future, irrespective of whether or not the person conducted member registration.
  • (3) Card refers to one page that a customer will create on Pash by combining text, photographs, images, and videos.
  • (4) Book refers to a file that was made by bundling together multiple cards on Pash.
  • (5) Account refers to a sequence of letters that identify an individual when the customer conducts member registration(1) on Pash.
  • (6) Password refers to a private sequence of letters that make it possible to authenticate an individual by combining the password with the account on Pash.
  • (7) Free services refer to services that can be used on Pash, after member registration, free of charge and without paying consideration, and our company will separately stipulate the details (content, provision conditions, etc.). Provided, however, that it may be possible to use some free services without conducting member registration.
  • (8) Paid services refer to services on Pash that can first be used by purchasing them through a settlement service after member registration (e.g., removal of the limit on the number of book registrations), and our company will separately stipulate the details (content, provision conditions, etc.)
  • (9) These terms of use refer to the collective name for these terms of use and the Individual Terms of Use.
  • (10) Customer data refers to the collective name for various forms of data, such as text, photographs, images, and videos that a customer intends to process on Pash, those various forms of data after processing, and cards and books that are included in those various forms of data.

Article 3 (Member registration)

  1. A customer will agree to these terms of use and then conduct member registration by a method that our company will stipulate separately. Provided, however, that it may be possible to use some free services without conducting member registration.
  2. If a customer has made an application for the membership registration of the previous clause, our company will go through the necessary procedures for approval screening that are stipulated by our company and then make a decision on whether or not to approve the relevant registration application. Our company can refuse that registration application without disclosing to the customer the reason for refusal.
  3. If our company has approved a member registration application made by a customer, the customer will become able to use Our Company’s Service when he or she has downloaded the Application.
  4. A person younger than 18 years old who has not obtained agreement from a person with parental authority cannot use paid services. In the event that the fact that this requirement is not fulfilled was revealed after the fact, the person will lose qualifications to use paid services at that time.
  5. A customer cannot loan or assign to a third party his or her position as a registered member.
  6. A customer’s account and password are to be appropriately managed at the customer’s liability, and our company will not bear liability for the customer’s or third parties’ damage caused by insufficient management, erroneous use, or use by third parties.

Article 4 (Use charges)

  1. For the paid services of Our Company’s Service, the amounts of the charges and service charges that will arise for use of those paid services will be stipulated separately.
  2. Conditions, such as payment deadlines for charges for paid services and payment methods, will be stipulated separately for each of the relevant paid services.
  3. We will not conduct returns or refunds for functions once they have been purchased in paid services, irrespective of the reason.

Article 5 (About purchase of paid services)

  1. A customer can pay the cost of the equivalent amount in order to use a paid service, and thereby purchase the relevant paid service.
  2. Except for cases that our company has specially allowed, a member cannot loan, assign, or transfer to third parties, including other customers, functions that have been purchased.
  3. Except for cases that our company has specially allowed, our company will not handle refunds for the relevant paid services once a customer has purchased them.

Article 6 (Personal information protection policy)

For implementation of Our Company’s Service, we will have customers provide the personal information that is necessary. We will take thorough care in the handling of personal information received from customers. For details about our company’s handling of personal information, please refer to the “Personal Information Protection Policy” that our company stipulates separately. The Personal Information Protection Policy is posted on the site below.

http://www.mogic.jp/privacy/

Article 7 (Prohibited matters)

  1. When using Our Company’s Service, customers are prohibited from conducting the actions stipulated below.
    (1) Actions that cause damage to the assets of third parties, including our company and other customers(2) Actions that infringe the intellectual property rights, such as patent rights, utility model rights, trademark rights, design rights, or copyrights, of third parties, including our company and other customers(3) Actions that damage the honor or reputation of, hinder the business of, or slander, libel, or insult third parties, including our company and other customers(4) Actions that infringe other people’s privacy or portrait rights, or actions that fall under bullying, threatening, or harassing other people(5) Actions of obtaining, collecting, deleting, changing, altering, externally disclosing, or divulging all or a portion of other customers’ personal information (including all information related to customers, such as names, e-mail addresses, accounts, passwords, and location information) without consent(6) Actions of registering false content for one’s own member registration information(7) Actions of using another customer’s account and password to use Our Company’s Service, or actions of loaning, assigning, conducting a name change, or selling a customer’s account and password to a third party

    (8) Using dishonest means to obtain various types of one’s own or another customer’s privileges that can be obtained through Our Company’s Service, or actions of altering their quantities or content

    (9) Actions of hindering the activities of advertising companies that are posted in various services provided by our company or on our company’s website

    (10) Actions of fraudulently accessing a server, network, or program that our company possesses, uses, or manages, or actions of hindering or destroying functions of any of those matters

    (11) Actions, such as sending harmful computer viruses that will hinder or destroy the functions of our company’s or a customer’s hardware or software

    (12) Actions of distributing, displaying, posting, or sending obscene images, videos, or any other items of expression

    (13) Actions of distributing, displaying, posting, or sending discriminatory or violent items of expression, grotesque items of expression, or any other items of expression that an ordinary person would find unpleasant based on conventional wisdom

    (14) Any actions that can be recognized as being related to prostitution or online dating actions

    (15) Any actions that can be recognized as being involved in illegal gambling

    (16) Any actions that can be recognized as assisting, inducing, promoting, or praising anti-social forces

    (17) Pyramid schemes, multi-level marketing, dishonest sales methods, or sales methods that are similar to these, or any other actions that can be recognized as being involved in any malicious sales methods

    (18) Any actions that can be recognized as obstructing the sound nurturing of minors

    (19) Actions of conducting, without permission, profit-making activities, sales activities, political activities, or religions activities through Our Company’s Service

    (20) Actions of suspending appropriate operation or display of Our Company’s Service, causing an excessive load on Our Company’s Service, or damaging Our Company’s Service

    (21) In addition to each of the actions stated above, any actions that violate social norms or public order and morals, or that inconvenience other people

  2. In the event that a customer has violated any of the prohibited matters of the previous clause, our company may delete customer data, suspend use of Our Company’s Service, revoke member qualifications, and claim damage compensation from the customer for damage incurred by our company.
  3. In a case of the previous clause, the customer will promptly delete the Application that he or she installed in order to use Our Company’s Service.

Article 8 (Disclaimers)

  1. Our company will not bear any liability for damage to customers or other third parties that occurred due to temporary suspension, deletion, change, or ending of all or a portion of Our Company’s Service.
  2. In the event that damage has occurred for a customer or another third party due to a defect of the content of Our Company’s Service, our company will not bear any liability unless it was caused by deliberate intent or gross negligence.
  3. Our company does not make any guarantees about the completeness, accuracy, reliability, or usefulness of information that is disclosed or posted by customers or other third parties on our company’s website or on Our Company’s Service, and does not bear an obligation to regularly monitor or manage such information. In addition, except for cases in which there was deliberate intention or gross negligence for the fact that our company did not do anything about such information, our company will not bear any liability for damage that occurred for a customer or another third party.
  4. In the event that an action that goes against a law, ordinance, or these terms of use was conducted on our company’s website or on Our Company’s Service, our company may, without giving advance notification, conduct corrective measures for the relevant action (including but not limited to deletion of customer data that was posted) and do revoke the registration of the customer who conducted the relevant action, and our company will have the authority to make decisions about whether or not those corrective measures are necessary and about their content.
  5. Our company does not make any guarantees about completeness, accuracy, reliability, or usefulness in relation to content or information that is provided on our company’s website or through Our Company’s Service, or content or information that is provided on places that have links on our company’s website or in Our Company’s Service. In addition, our company does not guarantee that there are no defects in Our Company’s Service and does not guarantee that Our Company’s Service does not infringe third parties’ intellectual property rights or other rights.
  6. In the event that a customer has, in relation to use of Our Company’s Service, incurred damage from character defamation, libel or slander, stalking actions, or any other criminal actions or harassment by another customer or a third party, except for cases in which our company had deliberate intention or gross negligence our company will not bear any liability for damage based on the relevant action. Contact, interaction, opinion exchanges, and information exchanges with other customers or other third parties will be conducted based on customers’ own liability, and our company will not be involved in any way and will not bear any liability even if some form of trouble occurs.
  7. All management and backups of customer data will be conducted at customers’ liability, and our company will not bear any liability in relation to the loss of customer data that occurs due to a problem with Our Company’s Service, a malfunction of equipment, or another reason.

Article 9 (About our company’s intellectual property rights)

  1. Except for customers’ own copyrights that are stipulated in Article 10 (or other appropriate and legitimate right-holders), intellectual property rights, such as patent rights, utility model rights, trademark rights, design rights, and copyrights, and all other property rights that are related to information, content materials, and software that are included in Our Company’s Service attribute to our company or third parties from which our company has lawfully received a license for use.
  2. Customers will not obtain the intellectual property rights or property rights of the previous clause through use of Our Company’s Service, and they may not conduct any actions that infringe those rights.

Article 10 (About customers’ copyrights)

  1. When using Our Company’s Service, in the event that a customer will contribute or post items of expression, such as text or images, the customer will guarantee that he or she possesses the necessary intellectual property rights, such as copyrights for the relevant items of expression or has obtained licenses from the appropriate and legitimate right-holders.
  2. Copyrights related to customer data included in items of expression, such as text or images that a customer contributed or posted in the process of using Our Company’s Service will attribute to that customer (or other appropriate and legitimate right-holders), but the customer him or herself will understand in advance that our company can use those items of expression free of charge, and will have appropriate and legitimate third parties understand that fact. The customer will guarantee that he or she will not exercise any moral rights of an author against our company’s use of customer data, and that appropriate and legitimate third parties will not exercise any moral rights of an author against our company’s use of customer data.
  3. Except for the copyrights of customers (or other appropriate and legitimate right-holders) that are stipulated in the previous two clauses, all copyrights related to Our Company’s Service will attribute to our company or third parties from which our company has lawfully received a license for use, and customers may not, without permission, conduct actions of copyright infringement, such as copying, transferring, loaning, translating, altering, reprinting, transmitting to the public (including making transmission possible), distributing, publishing, or using for a purpose of profit.

Article 11 (Interruption of provision of Our Company’s Service

  1. In cases that fall under any of the items below, our company may temporarily interrupt a portion or all of provision of Our Company’s Service without notifying customers in advance
    (1) When interrupting provision of Our Company’s Service is unavoidable because of maintenance, inspection, repairs, or work on equipment or a system used for providing Our Company’s Service(2) When provision of Our Company’s Service has become impossible due to a fire, a power outage, or an extraordinary natural occurrence(3) When a malfunction has occurred in equipment or a system used for providing Our Company’s Service

    (4) When it is necessary to take countermeasures in a case in which a problem has occurred in Our Company’s Service due to a third party’s deliberate intention or negligence

    (5) When our company has otherwise judged that temporary interruption of Our Company’s Service is necessary due to an operational or technical reason

  2. Our company will not bear any liability for damage to customers or third parties that occurred due to interruption of provision of Our Company’s Service based on a reason of the previous clause.

Article 12 (Changes or ending of Our Company’s Service)

  1. For purposes, such as improvement of Our Company’s Service, our company can change details of Our Company’s Service without obtaining customers’ consent.
  2. Our company can abolish or end all or a portion of Our Company’s Service without giving notification in advance.
  3. In cases of the previous two clauses, our company will notify customers by a method of posting on our company’s website.
  4. Our company will not bear any liability for damage that customers or third parties incur due to changes or ending of Our Company’s Service.

Article 13 (Withdrawal)

  1. A customer can abolish member registration for Our Company’s Service at any time by using the method stipulated by our company.
  2. Even in any case of member registration abolition stipulated in Article 7.2 or Article 13.1, our company will not conduct returns or refunds for functions that the customer already purchased.
  3. In such a case, the customer will promptly delete the Application that he or she installed in order to use Our Company’s Service.

Article 14 (Changes or revision of these terms of use)

  1. These terms of use may be changed or revised at any time, without advance notification being given. In such a case, the use conditions for Our Company’s Service that will be used by customers after the change or revision will be according to the changed or revised terms of use, and for a customer who will use Our Company’s Service after a change or revision of terms it will be necessary to agree to the relevant change or revision of terms.
  2. Except in cases that are separately stipulated by our company, a change or revision of these terms will go into effect at the time it is posted on our company’s website, and if a customer continued to use Our Company’s Service after a change or revision of these terms, it will be deemed that he or she agreed to the changed or revised terms.

Article 15 (Prohibition of transfer of rights)

In relation to use of Our Company’s Service, a customer cannot, without our company’s prior written consent, transfer a position under the agreement or assign to a third party all or a portion of rights or obligations.

Article 16 (Governing laws)

The laws of Japan will be the governing laws in relation to these terms of use.

Article 17 (Court jurisdiction)

In the event that a lawsuit related to these terms of use or Our Company’s Service has become necessary, the Tokyo District Court or the Tokyo Summary Court will be the court of exclusive jurisdiction in the first instance.