Article 1 Scope
- The purpose of the Terms is to set forth the terms and conditions for the provision of the Service and the rights and obligations between the Team (as defined below) and the Registered Users (as defined below), and the Terms shall be applied to all aspects of the relationship between the Registered Users and the Team in connection with the Service.
- Any rules for use of the Service posted on our website at "https://pentmap.com/ja/rules" shall constitute an integral part of the Terms.
- If there is any conflict between the Terms and the Rules or any other description regarding the Service not provided for herein, the Terms shall prevail.
Article 2 Definitions
For purposes of the Terms, the following terms have the following meanings.
- "Service Agreement" means the agreement relating to the use of the Service to be executed under the terms and conditions of the Terms between the Team and the Registered User.
- "Services" means the website and mobile applications (iOS/Android) operated by Pentmap.
- "Website" means such website as may be from time to time operated by the Team, whose domain name is “pentmap.com” (or if the domain name or content thereof is modified for any reasons, such modified website).
- "IP Rights" means copyrights, patents, utility model rights, design rights, trade mark rights and other intellectual property rights (including rights to obtain, or apply for registration of, such rights).
- "Posted Data" means any content, including but not limited to text, images, animation and other data, that is posted or otherwise transmitted by the Registered User through the Service.
- “Team” means Pentmap (email@example.com), the operator of this service.
- "Registered User" means any person or entity that has been registered as a user of the Service pursuant to Article 3 (Registration).
Article 3 Registration
- If you are under 16 years old, you cannot use this service. We may provide other age-related services under even more severe conditions with higher age restrictions. For this reason, please read the Terms carefully.
- A person wishing to use the Service may apply to the Team for registration to use the Service by agreeing to comply herewith and providing certain information as specified by the Team (the "Registration Information") in accordance with the manner as may be prescribed by the Team.
- The Team shall determine whether to register the person that has made an application pursuant to Paragraph 1 of this Article 3 ("Applicant") in accordance with the Team's criteria, and if the Team approves the registration, it shall notify the Applicant to that effect. The Applicant's registration as a Registered User shall be completed upon the notice by the Team pursuant to this Paragraph.
- Upon completion of the registration pursuant to the preceding Paragraph, the Service Agreement shall become effective between the Registered User and the Team, allowing the Registered User to use the Service pursuant to the Terms.
The Team reserves the rights to refuse registration or re-registration of any Applicant without any obligation to disclose the reasons, in the event that:
- The whole or any part of the Registration Information provided by the Applicant to the Team is found to be false, inaccurate or omitted;
- The Applicant is a minor, adult ward or person under curatorship or assistance, and applicable approval or consent has not been obtained from such Applicant's legal representative, guardian, curator or assistant;
- The Applicant is determined by the Team to (i) constitute an organized crime group or a member thereof, rightist organization, anti-social force or other similar person or entity (collectively, "Antisocial Force"), or (ii) have any interaction or involvement with an Antisocial Force in any manner such as assisting or being involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means;
- The Applicant is determined by the Team to be a party having violated any agreement with the Team, or to have been involved with such violating party;
- The Applicant has suffered any of the measures under Article 9; or
- In addition to the foregoing, the Team deems the registration inappropriate.
Article 4 Change to Registration Information
The Registered User shall promptly notify the Team of any change to the Registration Information in the manner as prescribed by the Team.
Article 5 Password and User ID Management
- The Registered User shall be responsible for keeping and maintaining its password and user ID for the Service in an appropriate manner, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.
- The Registered User shall be, and the Team shall in no event be, liable for damages arising out of inappropriate management, misuse, or use by a third party of the Registered User's password or user ID.
- If you know or suspect that a third party has accessed your registration information from outside, please contact us immediately at firstname.lastname@example.org
Article 6 Prohibited Actions
When using the Service, the Registered User may not conduct any act that falls under, or is determined by the Team to fall under, any of the following:
- acts that conflict with the rules（https://pentmap.com/en/rules）regarding the use of this service.
- acts that violate any laws or regulations or that are associated with criminal activity.
- actions that suggest or encourage terrorist acts or violent extremism;
- acts that defraud or threaten the Team, other Registered Users or other third parties.
- acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or interests of the Team, other Registered Users or other third parties.
acts to transmit through the Service to other Registered Users any information or data that falls under, or is determined by the Team to fall under, the information or data that:
- contains excessively violent or cruel content;
- contains computer viruses or other hazardous computer programs;
- contains content that damages the reputation or the credit of the Team, other users of the Service or other third parties;
- contains excessively indecent content;
- contains content that encourages discrimination;
- contains content that encourages suicide or self-mutilation;
- contains content that encourages drug abuse;
- contains antisocial content;
- contains content that causes uncomfortable feelings to third parties.
- acts against public order and good morals.
- acts that place an excessive burden on the network or system of the Service.
- Duplicate, modify, adapt, translate, reverse engineer, disassemble, decompile, or create this service or a derivative of the content included in this service without authorization.
- Elucidate or attempt to elucidate the source code, algorithms, methods or technologies that make up the Service or its derivatives.
- acts that are likely to interrupt the operation of the Service.
- acts to access the network or system of the Team improperly.
- acts to impersonate a third party.
- acts to use the user ID or password of other users of the Service.
- acts of exploitation, advertisement, soliciting or marketing through the Service without the Team's prior consent.
- acts to collect information of other users of the Service.
- acts that cause disadvantage, damage or uncomfortable feelings to other users of the Service or other third parties.
- acts to provide Antisocial Forces with profit.
- acts that, directly or indirectly, cause or facilitate the acts listed in Items (1) through (19) above.
- attempting to conduct any of the acts listed in Items (1) through (19) above.
- other acts that the Team deems to be inappropriate.
Article 7 Suspension of Service
The Team shall be entitled to, without any advance notice to the Registered User, suspend or discontinue the Service, in whole or in part, in the event that:
- Inspection or maintenance of the computer system for the Service needs to be performed due to urgent circumstances;
- The Team becomes unable to provide the Service due to error in computers or communication lines, wrong operation, excessively concentrated access, unauthorized access, hacking or the like;
- The Team becomes unable to provide the Service due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
- The Team determines that suspension or discontinuance is required for other reasons.
Article 8 Ownership of Rights
- Any and all IP Rights related to the Website and the Service are expressly reserved by the Team or its licensor. Nothing contained herein shall be construed as granting to the Registered User a license of the IP Rights related to the Website and the Service owned by the Team or its licensor.
- The Registered User hereby represents and warrants to the Team that it has lawful rights to post or otherwise transmit the Posted Data, and that the Posted Data so posted or transmitted does not infringe any third party's rights.
- The Registered User hereby grants to the Team a worldwide, non-exclusive, royalty-free, sublicensable and transferrable license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data. In addition, the Registered User (the "Granting Registered User" in this Paragraph 3) hereby grants to the other Registered Users a non-exclusive license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data posted or otherwise transmitted by the Granting Registered User through the Service.
- About the Posted data the Registered User hereby agrees not to exercise author's rights against the Team or any other person to which the Team has transferred or granted the relevant rights.
Article 9 Registration Cancellation
If any of the following events arises in relation to a Registered User, the Team may, without prior notice or demand, (i) delete, or suspend the display of, or hide content contributor area,the Posted Data, (ii) temporarily suspend the use by the Registered User of the Service, or (iii) cancel the Registered User's registration as such:
- The Registered User fails to comply with any of the provisions hereof;
- Any of the Registration Information is found to be false;
- The Registered User has not responded to inquiries from the Team or other communications requiring a response for 30 days or more;
- The Registered User falls under any of Items of Paragraph 4 of Article 3; or
- It is determined to be inappropriate by the Team that the Registered User continues to use the Service or to be registered as a Registered User.
- In any of the events set forth in Items of the preceding Paragraph, all amounts owed to the Team by the Registered User shall automatically become due and payable, and the Registered User shall immediately pay to the Team such amounts in full.
Article 10 Withdrawal
- The Registered User may withdraw from the Service and cancel its registration as a Registered User by completing the procedure as specified by the Team.
- Upon withdrawal from the Service, any and all debt of the Registered User to the Team, if any, shall automatically become due and payable, and the Registered User shall immediately pay to the Team such debts in full.
- Treatment of user information after the withdrawal from the Service shall be subject to the provisions of Article 14.
Article 11 Modification and Termination of Service
- The Team shall be entitled to at any time modify or terminate the Service in its own discretion.
- The Team shall notify in advance the Registered User of any intended termination by the Team of the Service.
Article 12 Disclaimer and Waiver of Warranties
Transactions, communications, disputes, etc. that occur between registered users and other registered users or third parties in connection with this service shall be resolved by registered users at their own risk.
Article 13 Confidentiality
The Registered User shall keep confidential any and all non-public information disclosed in relation to the Service by the Team to the Registered User for which the Team, at such disclosure, requires the Registered User a confidential treatment, unless the Registered User has obtained the prior written approval from the Team.
Article 14 Treatment of User Information
- The Team may, in its sole discretion, use or make public any information or data provided by the Registered User to the Team as statistical information in a form that cannot identify an individual, and the Registered User may not raise any objection to such use or publication.
Article 15 Amendment
The Team reserves the right to amend or change the Terms when the Team finds it necessary. In the event of any amendment or change to the Terms, the Team shall inform the effective time and content of the amended or changed Terms by posting on the Website or other appropriate way, or notify the Registered User of the same. Notwithstanding the foregoing, the Team shall obtain the Registered User's consent in a manner specified by the Team for the amendment or change of the Terms that requires such consent under the applicable laws.
Article 16 Notice
- Any communications or notices from the Registered User to the Team, including but not limited to inquiries with respect to the Service, and any communications or notices from the Team to the Registered User, including but not limited to notices concerning any amendment to the Terms shall be made in accordance with the procedures specified by the Team.
- Any communication or notice made by the Team that is addressed to the e-mail address included in the Registration Information of a Registered User shall be deemed to be received by the Registered User.
- The Registered User shall not assign, transfer, grant security interests on or otherwise dispose of the Service Agreement or its rights or obligations under the Terms without the prior written consent of the Team.
- In cases where the Team transfers the business regarding the Service to a third party, the Team may, as part of such transfer, assign to the third party the Service Agreement, the rights and obligations of the Team under the Terms, and the Registration Information and other information relating to the Registered User, and the Registered User hereby agrees to such transfer in advance. The business transfer referred to above in this Paragraph shall include, in addition to the usual form of business transfer, a Team split or any other form that would result in a business transfer.
Article 18 Severability
If any provision of the Terms or a part thereof is held to be invalid or unenforceable under Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.
Article 19 Governing Law and Jurisdiction
- The Terms shall be governed by the laws of Japan without regard to conflict of laws principles.
- Any and all disputes arising out of or in connection with the Terms or the Service Agreement shall be submitted to the exclusive jurisdiction of the Tokyo District Court of Japan in the first instance.