Graffica Terms of Use

Graffica Terms of Use (hereinafter referred to as the “Terms of Use”) provide for the regulations for use of the application software, “Graffica” (hereinafter referred to as the “Application”) provided by Diamond Edge Ltd. (hereinafter referred to as the “Company”). Users shall comply with the Terms of Use of the Application.

Chapter 1 General Provisions

Article 1 (Application of the Terms of Use, etc.)
1. 1. The Terms of Use shall apply to all users who use the Application. In this regard, the Company shall regard the user as having agreed to the Terms of Use if the user uses even only part of the Application.
2. 2. Users shall comply with the matters of note, etc., displayed on the screen of the Application in addition to the Terms of Use.
3. 3. If there is any conflict or discrepancy between the Japanese text of the Terms of Use and those in any other language, the Japanese text shall prevail.
Article 2 (Content of Application)
1. 1. The Application means the application software which can be downloaded and used in mobile terminals of users through such a distribution platform as App Store and which can be stamped on the image designated by the user and processing, etc., can be made in the Application.
2. 2. If a bug, etc., is discovered in the Application, the Company shall respond thereto to the extent technically and operationally possible, but the Company shall not be responsible for all bugs, etc. The Company shall not be responsible for bugs, etc., specific to the environment of individual users.
3. 3. The content and functions, etc., of the Application may be added or changed from time to time without notice to users based on the judgment of the Company.

Chapter 2 Use of the Application

Article 3 (Licensing of the Application)
1. 1. On condition that a user shall comply with the Terms of Use, the Company shall grant to the user non-exclusive license to download and use the Application in the mobile terminal corresponding to the Application.
2. 2. The use rights provided for in the preceding paragraph shall only belong to the user him/herself. Therefore, the user shall not transfer or sub-license, etc., the Application to any third party.
3. 3. A user shall prepare the mobile terminal and communication environment necessary for using the Application at the expense and responsibility of the user and the communication fee of the Internet and line communication fee, etc., which accrue in connection with the use of the Application shall be borne by the user at its responsibility.
Article 4 (Matters of Note for Use)
1. 1. A user shall consent to the following matters in use of the Application.
  
  [1] The Company shall not be liable for nonconforming functions, etc., of the Application which was caused by the mobile terminal of the user and wave reception.
  
  [2] The Application shall not respond to all the mobile terminals or OS versions. Therefore, the Company shall not be liable for nonconforming functions of the Application due to a change of the mobile terminal or upgrade of the OS version.
  
  [3] Since the images prepared and stamps, etc., obtained by using the Application are recorded in the mobile terminal of the user, capacity of the Application might increase. Therefore, functions of the mobile terminal of the user might be affected by an increase in the capacity of the Application, and in such an event, the Company shall not assume any responsibility.
2. 2. A user shall comply with the following matters in using the Application.
  
  [1] A user shall use the Application at his/her responsibility and shall assume all responsibilities for using the Application.
  
  [2] A user shall not claim to the Company even if unintended situations occur due to his/her incorrect operation or unauthorized operation, etc.
3. 3. If a user caused damage to a third party in relation to the use of the Application and the result of use, or if any dispute, etc., arises with a third party, the user shall resolve such matters at his/her responsibility and the Company shall not be liable for any of the damages and disputes, etc.
Article 5 (Posting of Images)
1. 1. If a user posts an image made by using the Application in social media, the user shall observe the terms of use and privacy policy of the social media and shall be responsible for posting in the social media and its results.
2. 2. If a user posts an image made by using the Application in social media or posts on a website designated by the Company, the user shall not post the image falling under any of the following.
  1. [1] Posting which might significantly disturb the morals of the posting media.
  2. [2] Posting which might impair the credibility, trust and benefit, etc., of the Application.
  3. [3] Posting which might infringe upon the honor or rights, etc., of third parties.
  4. [4] Posting which might be regarded as inappropriate advertisement, publicity, invitation, request or mediation, etc.
  5. [5] Posting which might be regarded as having many of the same or extremely similar content.
  6. [6] Posting which might objectively be determined as harassment or defaming and libeling, etc.
  7. [7] In addition to each item above, posting which might be determined inappropriate by the Company.
3. 3. If the Company determines that the content of posting of the user falls under any of the items above, if it is possible for the Company to delete the content from the website, etc., the content may be deleted at the discretion of the Company. In this regard, the media in which the image is posted is social media, etc., for which the Company cannot take measures such as deletion, the Company may request the user to delete it and the user shall follow the request.
Article 6 (Prohibited Matters)
1. 1. Users shall not commit any act falling, or which might fall under any of the following in using the Application.
  1. [1] Any act breaching any of the provisions hereof.
  2. [2] To conduct reverse-engineering, decompiling, disassembly, or alteration, etc., of the Application.
  3. [3] To assign, license, sell and purchase, change name or establish pledge on all or part of the rights and obligations of the user related to the Application.
  4. [4] Any act of lifting or invalidating technical restrictions on the Application, which was imposed in advance for the purpose of protecting rights, and disclosure methods of such acts.
  5. [5] Any act infringing upon the copyrights, intellectual property rights, privacy rights, portrait rights or honor and any other rights of the Company or third parties.
  6. [6] In addition to each item above, any acts violating laws and public order and morals and any acts disturbing operation of the Application and any acts which are deemed inappropriate by the Company.
2. 2. If a third party brings claims or objections, etc., to the user due to the breach of this Article, the user shall address and resolve such matters at the responsibility and expense of the user even after discontinuation of use of the Application and the Company shall not assume any liability.
Article 7 (Payment of Fees)
1. 1. If the user uses the paid services, including purchasing stamps, etc., through the Application, the user shall take procedures necessary for payment in accordance with the matters displayed on the purchase screen. Payment shall be made in advance and the Company shall not return any payment after completion of payment.
2. 2. The Company shall not be required to issue to users receipts and invoices, etc., for payment of fees under the preceding paragraph.

Chapter 3 Intellectual Property Rights

Article 8 (Intellectual Property Rights of the Application)
1. 1. Any rights in the Application and such content as the texts, images, programs and any other data, etc., provided by the Company through the Application (ownership, copyrights and any other intellectual property rights, etc.) shall belong to the Company or the third party who licensed to the Company, except for the images posted by the user.
2. 2. Any rights in the stamps and any other items, etc., purchased by the user through the Application (ownership, copyrights and any other intellectual property rights, etc.) shall not be transferred to the user even if these are indicated purchase or sale, etc.
3. 3. The user may use the purchased stamps and any other items, etc., only for the following purposes and shall not produce any products or distribute, etc., to any third party whether for profit-making or not for profit-making purposes by using the purchased stamps and any other items, etc.
  1. [1] To process and decorate, etc., images in the Application
  2. [2] To post the processed and decorated images in the social media or any other website designated by the Company.
Article 9 (Intellectual Property Rights of the Posted Images)
1. 1. Copyrights and any other intellectual property rights of the images posted by the user in the social media or the gallery of the Company through the Application shall belong to the user even after posting, unless otherwise provided by the posting social media, etc.
2. 2. A user shall agree in advance to license treatment and use by the Company of the images posted on the website designated by the Company, etc., through the Application according to the following methods and licensing by the Company to third parties treatment and use thereof.
  1. [1]To examine, analyze or investigate, etc., the contents.
  2. [2] To alter or delete, etc., part of the image to the extent suitable for posting on the website, etc., designated by the Company or use as a future number.
  3. [3] For the purpose of advertisement and publicity, etc., of the Application, to reprint in the social media managed by the Company or the business alliance partner of the Company, etc., to reprint on the website, etc., (including blogs) and to reprint in magazines, etc.
  4. [4] To reprint in the Application being introduced on the website, etc., managed by the third party or magazines, etc., issued and edited by the third party.
  5. [5] In addition to each item above, if it is necessary for smooth operation, improvement and maintenance, etc., of the Application.
3. 3. In addition to the preceding paragraph, if the user uploaded the stamp image in the shop through the Application, the user shall grant in advance a license to the Company to freely provide the stamp image for the secondary use and grant a sublicense to a third party.

Chapter 4 Operation of Application

Article 10 (Protection of Data)
1. 1. The Company shall make its best efforts to protect the data, etc., transmitted to the server of the Company through the Application by the user so that the data, etc., shall not be lost or damaged; provided, however, that the Company shall not guarantee the completeness and storage stability, etc., of the data, etc., and the Company shall not be liable for the damages to the user or the third party which are caused by the partial loss or damage, etc., of the data, etc., due to the causes not ascribable to the Company, including force majeure, regardless of the subsequent recovery measures.
2. 2. The Company shall not be liable for management and storage of the data, etc., stored in the mobile terminal of the user.
Article 11 (Business Consignment)
1. 1. The Company may consign to a third party which is deemed appropriate by the Company the business related to development, distribution, operation, improvement, response to failures and maintenance, etc., of the Application or enter into business alliance with a third party.
2. 2. A user shall give prior consent to the access and use, etc., of the data, etc., of the user stored in the server of the Company to the extent necessary for performing the business by the consignee and business alliance partner under the preceding paragraph.
Article 12 (Suspension and Abolition of the Application)
1. 1. If any of the events falling under any of the items below occurred, the Company may suspend part or all of the functions of the Application without prior notice to users.
  1. [1] If it is necessary to conduct urgent repair and maintenance, etc., of the Application.
  2. [2] If operation of the external server for the Application was suspended.
  3. [3] If a normal operation of the Application cannot be maintained due to the occurrence of unpredictable events or technical or operational reasons, etc.
2. 2. The Company may abolish all or part of the functions of the Application without prior notice to users.
Article 13 (Damages)
1. 1. The Company shall be liable to the user only if direct damages were caused to the user due to the breach hereof by the causes apparently ascribable to the Company. In this regard, the damages amount shall be up to the amount equal to the fees already received by the Company from the user by the time of occurrence of the damage.
2. 2. Notwithstanding the preceding paragraph, except as the Company committed intentionally, the defect, malfunction, failures and suspension, etc., of the Application shall not constitute the events for damage obligation.
Article 14 (Indemnification)
1. 1. The Company shall not assume any liability for the completeness, correctness and utility, etc., of the functions and content of the Application in terms of technology or commerciality or shall not guarantee that no failure, etc., will occur in the Application.
2. 2. The Application is provided “as it is” and the Company shall not be required to respond individually to conform to a particular user.
3. 3. The Company shall not be liable for any damages to the user or third parties if the following actions or responses set forth below were taken.
  1. [1] Addition and change, etc., of the content or functions of the Application under Article 2 (Content of the Application), paragraph 3.
  2. [2] Deletion measures and deletion requests under Article 5 (Posting of Images), paragraph 3.
  3. [3] Use, etc., of the images posted by users under Article 8 (Intellectual Property Rights of the Application)
  4. [4] Suspension of functions of the Application under Article 12 (Suspension and Abolition of the Application), paragraph 1
  5. [5] Abolition of functions of the Application under Article 12 (Suspension and Abolition of the Application), paragraph 2
  6. [6] Amendment of the Terms of Use under Article 16 (Amendment of the Terms of Use)
4. 4. The Company shall not assume any liability for the damages to the Application caused by the events not ascribable to the Company, including such force majeure events as natural disasters, damages caused by special circumstances whether these were predictable or not and indirect damages, consequential damages, lost profit, lost data and disruption of business, etc.

Chapter 5 Miscellaneous Provisions

Article 15 (Obligation of Users for Damages)

If the user breached the provisions hereof in relation to use of the Application or the Company incurred any damages due to the causes ascribable to the user, the user shall be liable for the damages at the responsibility and expense of the user.
Article 16 (Amendment of the Terms of Use)
1. 1. The Company may amend the content hereof from time to time based on the determination of the Company.
2. 2. The Terms of Use after amendment shall be in effect at the time of being posted on the webpage and thereafter users shall comply with the Terms of Use after amendment. If the user used any part of the Application after the Terms of Use after amendment became effective, the user shall be deemed to have agreed to the content of the Terms of Use after amendment.
Article 17 (Dispute Resolution)
1. 1. If any dispute or doubt, etc., arises about the provisions hereof or the matters not stipulated herein, the parties shall resolve through consultations under the principle of faith and trust.
2. 2. The Terms of Use shall be governed by the laws of Japan and the Tokyo District Court or the Tokyo Summary Court shall be the exclusive court of jurisdiction by agreement for the first instance over any disputes arising herefrom according to the price of the subject matter of disputes.

Date of Establishment: 19th September, 2013