Terms of Service

a-know edited this page Oct 16, 2018 · 2 revisions

These Terms of Service (hereinafter “Terms”) set forth the conditions of use for the API service Pixela (hereinafter "the Service") provided by @a_know (hereinafter “Service Provider”). Registered users (hereinafter "User") shall use the Service in accordance with the Terms.

Article 1 (Apply)

This Terms shall apply to all relationships relating to the use of the Service between users and Service Provider. Web site page of Services also constitute a substantial part of these Terms of Use, and should be carefully read in conjunction therewith.

Article 2 (Use registration)

Registration applicant shall apply for registration of usage by the method specified by the Service Provider, and registration of use will be completed. When registering as a minor, the consent of a parent / legal guardian must be obtained, and upon completion of user registration it shall be deemed that the parent / legal guardian agrees to the Terms of Use. In any of the following circumstances, the Service Provider may, at its own discretion, (i) refuse to give approval for the User registration in respect of any person who wishes to be registered as a User, or (ii) restrict the use of the Services, in whole or in part, or cancel a User registration and disallow the use of any and all the Services thereafter in respect of any person who has already been approved by the Service Provider for User registration. The Service Provider shall assume no liability for damages suffered by the User or any third party resulting therefrom.

  • Where the User breaches these Terms of Use;
  • Where the User fails to use the Services for a certain period of time notwithstanding that it has been registered as a User;
  • Where the User accesses the Services beyond the scope of general use;
  • Where the User places overloads the system;
  • Where the User conducts any act equivalent to unauthorized access or cracking;
  • Where the User comes under organized crime (gangs, gang members, gang related enterprises, organizations, or associated persons, or any other entity that applies to any of the aforementioned, and so forth.), is cooperating with organized crime by supplying capital or by any other means, or could in any way be considered to be involved in organized crime at the discretion of the Service Provider;
  • Where any false information is provided in the User registration;
  • In the case of an request from a person who has violated this agreement;
  • In addition, when the Service Provider determines that the use registration is not appropriate.

Article 3 (Managing user ID and authentication token)

The User shall manage the user ID and authentication token of this Service at its own risk. In any case, the user can not assign or lend the user ID and the authentication token to a third party. If the combination of the user ID and the authentication token is accessed in accordance with the registration information, the Service Provider considers the use by the user who registered the user ID himself. The Service Provider may delete the User's name and authentication token, and prohibit the use of the Services in respect of a certain registered User when the Service Provider deems necessary.

Article 4 (Handling of Usage Information)

The date and time, access target, access origin IP address, and UserAgent, etc., when the Web API provided by the Service is accessed (hereinafter “Usage Information”) is automatically logged and acquired by the infrastructure service (Google Cloud Platform, Tokyo Region) that is used to provide the Service that is provided by the Service Provider.

This Usage Information may be used for statistical analysis on usage of the Service, reference for improving services, survey and investigation of system failure and unauthorized access. The work is done in Japan, using the management functions provided by infrastructure services. In addition, the Service Provider does not disclose or use the Usage Information to a third party except in the following cases.

  • When the User himself/herself gives consent to disclose/modify information.
  • When disclosure is requested due to warrant or the Service Provider is legally obligated to disclose personal information.
  • When there is reasonable doubt that the User has violated the Terms of use and it is deemed necessary in order to protect the rights, property and Services etc. of the Service Provider.
  • When there is an immediate danger to the life, body, property etc. of the User or a third party, or there is an emergency and it is difficult to obtain consent from the person himself/herself.

These logs are saved for the log retention period (see) defined by the infrastructure service that the Service Provider uses to provide this service and are automatically deleted after that.

Article 5 (Information protection)

This service is a Web API service, and the Service Provider does not actively or implicitly acquire the user's personal information when providing this service. The authentication token used for user authentication only records hashed strings. The string before being hashed is not recorded.

In the following cases, The Service Provider may use the information that was transmitted by the User's operation for register.

  • When analyzing the usage of Services for the purpose of improving the Service.
  • When statistical data is used to improve Service convenience, such as explaining the Service to the User or a third party, or when the user wants to check their usage status.
  • In cases such as investigation at the time of trouble occurrence etc.

The work is done in Japan, using the management functions provided by infrastructure services. The Service Provider will not disclose or alter the information that was transmitted from the user with the intention of recording information and recorded in this service to a third party except in the following cases. It is not used at all for personalization or retargeting purposes.

  • When the User himself/herself gives consent to disclose/modify information.
  • When disclosure is requested due to warrant or the Service Provider is legally obligated to disclose personal information.
  • When there is reasonable doubt that the User has violated the Terms of use and it is deemed necessary in order to protect the rights, property and Services etc. of the Service Provider.
  • When there is an immediate danger to the life, body, property etc. of the User or a third party, or there is an emergency and it is difficult to obtain consent from the person himself/herself.

The information that the User sent to the Service under the judgment of the User and recorded is immediately deleted from this service by the User performing the deletion operation under the Users judgment.

Article 6 (User's responsibility)

  • In the event that the User infringes the rights of the others as a result of the use of the Services, or there appears any person who claims to have suffered inconvenience as a result of the use of the Services, such User shall, at his/her own responsibility and expense, settle the issue and the Service Provider shall not be liable therefor.
  • The User shall protect, indemnify, and not subject the Service Provider to damages in relation to (a) use of the Service (including all activities occurring based on the User account), (b) infraction of the Terms or infraction of applicable laws by the user, (c) combinations of the Service with other applications, contents, or processes, or (d) the user’s infraction of the rights of another party through the use of the Service or claims by a third party regarding a dispute in the event a party arises that has been troubled through the use of the Service, and any related claims, damages, losses, obligations, expenses, or expenditures (including reasonable attorney compensation).

Article 7 (Prohibited matter)

In connection with the use of the Services, the User may not, whether intentionally or by negligence, conduct any act which falls or may fall under any one of the following items, regardless of the form of the act involved;

  • Any act which infringes the rights of a third party;
  • Any act which infringes the privacy of others;
  • Any act in violation of the Act on the Prevention of Unauthorized Computer Access, any act defined in the Obstruction of Business by Damaging a Computer (Penal Code Article 234-2), and illegal access and manipulation of data in computers owned by the Service Provider and others;
  • Any act that may interfere with the Service Provider's service operation;
  • Any act of collecting or accumulating personal information etc. of other users;
  • Any act impersonating other users;
  • In connection with this Service, any action that directly or indirectly provides a benefit to an antisocial power;
  • In addition, any acts related to crime or acts that violate laws, public order and morals, and any acts that the Service Provider deems inappropriate.

In connection with the use of the Services, the User shall not engage in any of the inappropriate acts as described below;

  • Disturbing the peace, harassing, slandering, libel, or forcing psychological harm or economic harm onto a third party;
  • Promoting organized criminal activity or profiting organized crime in any way through use of the Services;
  • Continuing the use of the Services without reasonable grounds even though he or she has been warned and cautioned by the Service Provider for acts which are inappropriate under general social convention or which may trouble a third party;
  • Diverting, selling, re-selling, or transferring the Services or accounts maintained with the Service Provider without the approval of the Service Provider;
  • Using the Services other than for the purpose of the use of the Services.

In addition to the acts set forth in each of the items above, the User shall not engage in acts which are determined to be inappropriate by the Service Provider. The Service Provider may suspend the provision of the Services if it determines that the User has conducted any act which falls under the prohibited acts as set forth in each of the items above. In addition, the Service Provider may claim against the User for the damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) suffered by the Service Provider as a result of such User's acts.

Article 8 (Stopping the provision of this service, etc.)

If any of the following are deemed to have occurred, the Service Provider may stop or terminate provision of all or part of the Service without prior notice to the User.

  • When performing maintenance, inspection, or updating of the computer system related to this Service, etc.;
  • Where the Services cannot be provided due to natural disasters such as earthquakes, volcano eruptions, floods, tsunamis, typhoons, heavy snow, etc.;
  • Where the Services cannot be provided due to reasons such as war, turmoil, riot, terrorism, labor disputes, imposition of administrative measures, etc.;
  • When a computer or a communication line stops due to an accident.;
  • If the Service Provider deems that provision of the Service needs to be temporarily stopped or it is difficult to provide the Service.

For any disadvantage or damage suffered by the user or a third party due to suspension or interruption of the provision of this service, the Service Provider shall not assume any responsibility regardless of the reason.

Article 9 (Restrict usage and deregister)

In the following cases, the Service Provider shall be able to restrict the use of all or part of the Service to the User, or to cancel the registration as a User, without notice in advance.

  • In case of violating any provision of this agreement
  • In addition, if the Service Provider determines that it is not appropriate to use this service

The Service Provider shall not be held responsible for any damage caused to the User due to the actions performed by the Service Provider under this article.

Article 10 (Disclaimer)

Even if damage, loss, conflict or the like related to this service occurs, the Service Provider will not be liable for any damages.

Article 11 (Change of service contents etc.)

The Service Provider shall be able to change the contents of this service or cancel the provision of this service without notifying the user. The Service Provider do not assume any responsibility for damages caused to the user by this.

Article 12 (Change of Terms of service)

The Service Provider shall be able to change this agreement at any time without notifying the user if judged necessary. Changes to these Terms shall take effect immediately after the change. When using or accessing this Website or the Services after such changes, the User shall be deemed to have accepted the changed Terms of Use.

Article 13 (Prohibition of assignment of rights and obligations)

The user can not transfer the rights status or obligation under the Terms of use contract or this Terms to a third party or provide it as collateral without prior consent of the Service Provider.

Article 14 (Governing Law and Jurisdiction / Language)

These Terms of Use shall be governed by the laws of Japan, and all the disputes in relation thereto shall be submitted to the exclusive agreed jurisdiction of the Tokyo District Court. The original text of these Terms of Use are in Japanese. Translations in other languages are provided solely for the convenience of the User and only Japanese version shall be legally binding between the User and the Service Provider.

Records

  • Established on Oct 14, 2018
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