This Terms of Service (hereinafter referred to as the “Terms”) is a condition relating to the use of the image sharing service (hereinafter referred to as the “Service”) provided by Hinata Designs Inc. (hereinafter referred to as the “Company”) between the Company and the user using this Service (hereinafter referred to as the “User”). This agreement shall be effective on images, information, texts and other uploaded materials (together, hereinafter referred to as the “Contents”) handled within this Service.

This Terms of Service applies to the use of the image sharing service (hereinafter referred to as the “Service”) provided by the Company.

Article 1. Agreement to the Terms

1. The User must use this Service in accordance with the Terms.
2. If the User is a minor, please use this Service under the consent of the legal representative such as parental authority (including consent to this Terms).
3. When the User starts to use this Service, it is deemed to have validly and irrevocably agreed to the Terms.
4. If there is a separate terms of use for this Service, the User must use this Service in accordance with each term in addition to this Terms (hereinafter the “Terms and Conditions”).

Article 2. Changes to the Terms

1. The Company shall be able to modify these Terms and Conditions at any time if we deem it necessary.
2. The Terms and Conditions after the change shall take effect from the time the notice of the change is posted on the appropriate site within the Service or the website operated by the Company. When the User uses it after the change of this Terms and Conditions, the User shall be considered to have accepted the change, and the changed Terms and Conditions shall apply.

Article 3. Basic Condition

1. The User can use (copying, modifying, revising, downloading, sharing to other services, etc.) the Contents created by themselves or third parties through this Service.
2. The Company and any third parties affiliated with the Company shall be able to use for all services created through this Service for service or promotion (including the right to make changes such as omission, etc. as long as we deem necessary and appropriate). The User shall grant the above use without charge, indefinitely and without limitation of the area.
3. When the User deletes or erases the Contents, the usage right set forth in the preceding paragraph shall be extinguished in the future.
4. All Contents created by the User through this Service shall be shared (including copying, processing, modification, etc.) by other users who use this Service based on this Terms and Conditions. The User shall grant such use by other users.
5. The User shall bear all responsibility for the influence of all Contents and Contents created through this Service.
6. The Company may send emails to Users as part of announcements, advertisements, or functions on the operation of this Service.

Article 4. Personal Information

Personal information will be handled appropriately according to the Privacy Policy separately defined by the Company.

Article 5. Password

The User must strictly manage the password registered when using it at own risk. When the use of this Service is made by the registered password, the Company regard it as the one used by the User himself, and the result arising from the use and any responsibility accompanying it shall belong to the User. The User shall indemnify such damages to the Company and third parties in case of damage to the Company or third parties due to illegal use of the password.

Article 6. Contents on the Service

1. The Company does not guarantee the accuracy, legality, morality, recency, appropriateness, etc. of the Contents published in this Service at all. Users should acknowledge that inaccurate or inappropriate Contents may exist before using this Service.
2. Regarding all Contents, the creator and User of the Contents are responsible for its use. The Company is not responsible for any loss or damage resulting from the use of the Contents.

Article 7. Prohibitions

Users are prohibited from doing the following acts when using this Service. If the Company judges that it falls under the following acts, the Company can take any responses including deletion and editing of the Contents, suspension and deletion of the User’s account, but we do not have that obligation. The Company is not responsible for any loss or damage of Users caused by our response.

(1) Acts that infringe upon the honor of others, social credibility, privacy, portrait rights, publicity rights, copyright, or any other intellectual property rights.
(2) Acts that fall under slander, intimidation, or harassment to other users.
(3) Other acts to aid, solicit or encourage acts and violations that violate any laws and regulations.
(4) Acts that interfere with the administration of this Service or the use of this Service by other users.
(5) Pre-election campaign, campaign activity or similar acts.
(6) Discriminatory expression acts on ethnicity, religion, race, gender, age, etc.
(7) Acts of inducing encounters and the like for sexual acts.
(8) Expression acts that may cause excessive discomfort including sexual expression acts, violent expression acts.
(9) Child prostitution / pornography, linking to download sites of uncensored video movies.
(10) Advertisement of products, disclosure of the Contents of the profile for the purpose of promotion, actions aimed at soliciting spam mail, chain mail, etc. without the Company’s permission.
(11) Trading acts, auctioning acts, monetary payments and other similar acts without the Company’s permission.
(12) Impersonation acts by identifying the name of another person or other organization name of a company etc.
(13) Acts that exert excessive burden on servers of this Service.
(14) Other acts that are in conformity with the above, acts contrary to public order and morals, and acts that the Company deems inappropriate.

Article 8. Indemnification

1 The Company shall be able to change, stop or cancel this Service at any time without notifying the User. The Company shall not be held responsible for any loss or damage of users caused by change, suspension or cancellation of this Service, regardless of nominal.
2 With regard to the use of this Service, the Company will not bear any responsibility even if there is a dispute between Users.

Article 9. Contact

1 Regarding the Service, the Company will communicate with the user through notices posted on the appropriate site in this Service or the website operated by the Company, or any other method that the Company deem appropriate.
2 To communicate with the Company concerning this Service from the user, please do so by sending an inquiry form to be set up at the appropriate place in this Service or the website operated by the Company or by the method specified by the Company.

Article 10. Dispute

Japanese law applies to the Terms and Conditions. For disputes arising between the Company and User in connection with or related to this Service, the Tokyo District Court shall be the exclusive jurisdiction court of the first instance.

Enacted: March 1, 2016
Updated: September 5, 2017