Article 1 Scope of Application
1.1The Terms are intended to define the items which all the users have to comply with and the rights and obligations of the Bitcellar and the users, and shall apply to any relationship between the Bitcellar and the users with respect to the use of “FxCamera service” (hereafter called “the FxCamera”) provided by the Bitcellar (hereinafter referred to as the “FxCamera”).
1.2The rules and regulations concerning the FxCamera which may be posted by the Bitcellar in the application which provides the FxCamera through Android mobile devices (hereinafter referred to as the “Application”) from time to time shall constitute part of the Terms.
Article 2 User registration
2.1The person who wishes to use the FxCamera (hereinafter referred to “registration applicant”) can apply for user registration of the FxCamera to Bitcellar by agreeing to comply with the Terms and providing certain information which Bitcellar specify (hereafter called “registration items”).
2.2Application for registration must be made by the person himself or the corporation itself who/ which uses the FxCamera, and application for registration by a proxy is not allowed in principle. In addition, the person who wishes to use the FxCamera must provide the true, correct and latest information when he/she applies for registration.
2.3Bitcellar determines if the registration of the registration applicant is possible according to the criteria of Bitcellar, and if Bitcellar accepts registration, it is notified to the registration applicant, and it is considered that user registration of the registration applicant is completed by the notification.
2.4When the registration prescribed in the item above is completed, the usage contract of the FxCamera based on the prescriptions of the Terms is concluded between the user and Bitcellar, and the user can use the FxCamera according to the method prescribed by Bitcellar.
2.5Bitcellar may reject registration if any of the following items apply to the person who applied for registration based on the item 1.
(1)If Bitcellar determines there is a fear that the person may violate the Terms
(2)If there is a false statement, a misdescription or an omission in all or a part of the registration information provided to Bitcellar
(3)If the user registration of the person has ever been cancelled before
(4)If the person is a person under age, an adult ward, a person under curatorship or a person under assistance who has not acquired approval from the legal representative, the guardian, the curator or the assistant
(5)If the person or the group is an antisocial force, etc. (An antisocial force means a gang, a gangster, a rightist organization, an antisocial force or an equivalent person/ group. Hereinafter the same meaning applies.) or if Bitcellar determines that the person or the group somehow mingles with or takes part in an antisocial force, etc. such as that he/she cooperates in or takes part in maintenance, operation or management of an antisocial force by providing funds and others
(6)If Bitcellar determines that the registration is inappropriate for other reasons
2.6Regardless of the prescriptions of the items 1 to 5, there are cases that the user can use the FxCamera by going through a registration procedure prescribed by Bitcellar after agreeing to comply with the Terms using the ID, etc. of an outside service operated by a third party such as Facebook (http://www.facebook.com/). In such a case, the user contract prescribed in the item 4 is considered to be concluded between the user and Bitcellar when the registration procedure prescribed by Bitcellar is completed.
Article 3 Modification of the registered information
If there is any change in the registered information, the user shall notify Bitcellar of the changed item and submit the information requested by Bitcellar according to the method prescribed by Bitcellar as speedily as possible.
Article 4 Management of the password and the ID
4.1The user shall manage and store the password and the user ID on his/her own responsibility, and shall not let any other third party use them or lend, grant or trade them or transfer the title of them, or perform any other acts similar to them.
4.2The user shall take responsibility for damages caused by insufficient management, incorrect usage, use by a third party, etc. of the password or the user ID, and Bitcellar shall not take any responsibility for them.
4.3If it is found that the password or the user ID is stolen or used by a third party, the user shall immediately notify it to Bitcellar, and follow instructions from Bitcellar.
Article 5 Use of the FxCamera
5.1The user may use the FxCamera according to the method prescribed by Bitcellar within the range of purposes prescribed in the Terms and within the range which do not violate the Terms only for the period the user is effectively registered as a user.
5.2The user shall be prohibited from engaging in any of the following activities with respect to the use of the FxCamera:
(1)to perform any act which would infringe any intellectual property rights, rights of publicity, privacy rights, one’s good name, or other rights or interests of the Bitcellar, other users of the FxCamera or third parties (including any act which results in such infringement directly or indirectly);
(2)to perform any act associated with a criminal act, or any act against public order and good morals;
(3)to send obscene information or information which is harmful for youngsters;
(4)to post or send information regarding sexual intercourse
(5)to perform any act which violates any law or regulation, or the internal rules of any trade organization of which the Bitcellar or the user is a member;
(6)to transmit information containing computer viruses or other harmful computer programs;
(7)to modify information which is used for the purpose of the FxCamera;
(8)to perform any act which is likely to interfere with the operation of the FxCamera by the Bitcellar; or
(9)to perform any other acts determined by the Bitcellar to be inappropriate.
5.3In cases where the Bitcellar determines that the use of the FxCamera by the user falls or is likely to fall under any of the items of Article 2.2, the Bitcellar may delete all or a part of the photo contents, text and any other information which the user posted or sent using the FxCamera (hereinafter referred to “posted information”). Bitcellar shall not take any responsibility with regard to the damages on the user caused by the measures taken by Bitcellar based on this item.
5.4The user shall agree beforehand that Bitcellar may view the posted information in order to judge the detail of the item above. However, with regard to the posted information which the user limits the range of disclosure, Bitcellar shall check only by mechanical crawling, etc. and shall not let any third party view such information without permission of the user unless there is any order by law, a court or a government agency. Note that Bitcellar is not obliged to monitor and delete inappropriate posted information.
Article 6 Discontinuation or Suspension of the FxCamera
6.1In the event of any of the following circumstances, the Bitcellar reserves the right to permanently discontinue or temporarily suspend all or part of the use of the FxCamera by the user without prior notice to the user:
(1)When the Bitcellar conducts scheduled or unscheduled inspections or maintenance of the computer systems relating to the FxCamera;
(2)When a computer or telecommunications network ceases to operate or function as a result of an accident;
(3)When the operation of the FxCamera becomes unavailable due to fire, power failure, natural disaster, or any other event of force majeure; or
(4)When for any other reason the Bitcellar determines that such discontinuation or suspension is necessary.
Article 7 Retention of Photo Contents
The Bitcellar shall not be responsible or liable for any damages incurred by the user, such as the loss, damage or destruction of the contents of a photo taken by using the FxCamera (hereinafter referred to as the “Photo Contents”), or costs related to the recovery or backup of the Photo Contents. The user shall back up the Photo Contents at his/her own responsibility.
Article 8 Download Warning
When the user installs the Application, software or programs into his/her computer, the user shall exercise due care in order to prevent the loss or alteration of the Photo Contents and other information, or any damage to his/her equipment. The Bitcellar shall in no event be responsible or liable for such loss, alteration or damage incurred by the user. The FxCamera may be updated automatically in devices of the users when a new version of the FxCamera becomes available.
Article 9 Analysis of Information
9.1The Bitcellar collects and records statistical information concerning the utilization of the FxCamera by use of Google Analytics or a tool of a similar kind in order to track the activity of the user inside the FxCamera and the Application. For detailed information about Google Analytics, please refer to the following website. http://www.google.com/analytics/
9.2The user hereby agrees that the Bitcellar may, in its discretion, place advertisements on the FxCamera in accordance with the Terms
Article 10 Handling of the posted information
10.1The user shall represent and warrant that the user has a legal right to post or send the posted information and that the posted information does not infringe on any third party’s rights.
10.2The intellectual property right such as the copyright and the moral right of author of the posted information shall belong to the user who created the concerned posted information.
10.3Bitcellar may use the posted information (including replication, duplication, modification and any other usage) within the range which is necessary for smooth provision and promotion of the FxCamera, construction, improvement and maintenance of Bitcellar system at no charge.
10.4The permission for use of the item above shall not be limited by the territory, the liability of copyright notice or the other incidental conditions other than the conditions prescribed in the item above, and the period of the permission for use of the user provided to Bitcellar shall continue while the intellectual property right of the posted information exists.
10.5Bitcellar may use or present the posted information based on the item 3 on the Bitcellar Web site or the Web sites of third parties which Bitcellar can manage such as the pages of Facebook of Bitcellar. In such a case, Bitcellar may summarize, extract, or modify by changing the size, clipping, etc. the posted information.
10.6When Bitcellar uses the posted information by the methods prescribed in the items 3 and 5, Bitcellar may omit a part of the information or the indication of the author's name.
10.7When Bitcellar uses the posted information by the methods prescribed in the items 3 and 5, Bitcellar shall not use the information beyond the range of information disclosure which the user sets on the FxCamera.
10.8Bitcellar shall not compensate for any damages arising out of the use of the posted information by Bitcellar, the user or any other third parties.
Article 11 Ownership and Intellectual Property Rights
All ownership rights and intellectual property rights in and to the FxCamera and the Application shall vest in the Bitcellar or its licensors, and the use of the FxCamera under the Terms shall not be construed as granting any license with respect to the Application or the FxCamera under any intellectual property rights held by the Bitcellar or its licensors, except for the license to use the FxCamera under the Terms. The user shall not, for any reason whatsoever, perform any act which would infringe any intellectual property rights of the Bitcellar or its licensors, including, without limitation, disassembling, decompiling or reverse engineering.
Article 12 Cancellation of registration, etc.
12.1If any of the following items applies to the user, Bitcellar may stop the use of the FxCamera by the concerned user or cancel the registration as a user without prior notice:
(1)if the user violates any of the articles and the items of the Terms;
(2)if it is revealed that there is any false statement in the registered items;
(3)if the user used or tried to use the FxCamera for the purpose or by the method which may cause damages on Bitcellar, any other users or any third party;
(4)if the user obstructs operation of the FxCamera regardless of the method used;
(5)if the user is in the condition of suspension of payment or insolvency or if any petition to start bankruptcy proceedings, civil rehabilitation proceedings, receivership, special liquidation or the like is filed;
(6)if the bill or the check drawn or accepted by the user is dishonored,
(7)if any petition for attachment, auxiliary attachment, provisional disposition, compulsory execution or auction is filed;
(8)if a procedure for collection of tax delinquency is enforced;
(9)if the user is dead or judged to commence wardship, curatorship or assistance;
(10)if the FxCamera has not been used for 3 months or more and there is no response to the communication from Bitcellar;
(11)if any of the details under the item 5 of Article 2 applies; or
(12)if Bitcellar determines that continuation of the registration as a user is not appropriate for other reasons.
12.2If any of the reasons of the details of the item above applies, the user naturally loses benefit of time for all the debts to Bitcellar which the user incurs, and must pay all the debts to Bitcellar immediately.
12.3Bitcellar shall not take any responsibility with regard to the damages on the user caused by the actions taken by Bitcellar based on this article.
12.4The user may cancel his/her registration as a user by notifying Bitcellar 3 days prior to the date of cancellation by the method specified by Bitcellar.
12.5If the registration as a user is cancelled based on this article, the user shall dispose of the software, etc. related to the FxCamera provided by Bitcellar by returning, discarding and others according to instructions of Bitcellar.
Article 13 Disclaimer and Limitation of Liability
13.1The Bitcellar makes no warranty regarding the Photo Contents of the user. Except as expressly provided for in the Terms, the Bitcellar makes no other warranties to the user even in cases where the user has acquired from the Bitcellar, directly or indirectly, any information concerning the FxCamera or other users.
13.2The user shall investigate at his/her own expense and responsibility to determine whether or not his/her use of the FxCamera will violate any law or regulation applicable to the user or the internal rules of the company or trade organization of which the user is a member, and the Bitcellar makes no warranty that the use of the FxCamera by the user will comply with the laws and regulations applicable to the user or the internal rules of the company or trade organization of which the user is a member.
13.3The user shall, at his/her own responsibility, handle and resolve all transactions, communications, disputes, etc. in connection with the FxCamera and the Application which arise between the user and another user or between the user and a third party. In no event shall the Bitcellar be responsible or liable.
13.4In no event shall the Bitcellar be responsible or liable for suspension, discontinuation, unavailability or modification of the FxCamera caused by the Bitcellar, deletion or loss of any information of the user, loss of data through the use of the FxCamera, failure of or damage to equipment, or any other damage incurred by the user in connection with the FxCamera.
13.5Even if the Application contains links to and from other websites on the Internet, the Bitcellar shall not, for any reason, be responsible for any websites other than the Application or any information obtained therefrom.
13.6The user hereby agrees that the Bitcellar may collect information related to the user from Facebook and other external services with the prior consent of the user, and the FxCamera may be linked to external services. In cases where the user uses external services, the terms of the external service shall apply to the user with respect to the use of the external service, and in no event shall the Bitcellar be responsible or liable for the contents of the external services.
Article 14 Resolution of Disputes and Indemnity
14.1In cases where claims or disputes arise between the user and another user or between the user and a third party in connection with the use of the FxCamera, the user shall, at his/her own responsibility, handle and resolve the claims or disputes. In cases where a claim is brought against the Bitcellar by other users or third parties by reason of infringement of rights or for any other reason related to the use of the FxCamera by the user, the user shall indemnify the Bitcellar for any amount of money which the Bitcellar has been forced to pay to such the users or third parties based on such claim.
14.2In no event shall the Bitcellar be responsible or liable for damages incurred by the user in connection with the FxCamera.
Article 15 Amendments to Terms
15.1The Bitcellar reserves the right to change the contents of the FxCamera without restriction.
15.2The Bitcellar reserves the right to amend the Terms (including, without limitation, the rules and regulations concerning the FxCamera which may be posted on the Application). In the event of any amendment to the Terms, the Bitcellar shall notify the user to that effect. If the user uses the FxCamera after the notice set forth above, or if the user has not taken steps to cancel registration within the period specified by Bitcellar, the user shall be deemed to have agreed to such amendment to the Terms.
Article 16 Notice
Any inquiries with respect to the FxCamera or other communications or notices from the user to the Bitcellar, or notices concerning any amendment to the Terms or other communications or notices from the Bitcellar to the user shall be made in accordance with the procedures specified by the Bitcellar.
Article 17 Assignment of Terms
17.1The user shall not assign, transfer, grant security interests in or otherwise dispose of his/her contractual status, rights or obligations under the Terms without the prior written consent of the Bitcellar.
17.2In cases where the Bitcellar has transferred the business regarding the FxCamera to a third party, the Bitcellar may, as part of such transfer, assign to the third party assignee its contractual status, rights and obligations under the Terms and information relating to the user, and the user hereby consents to such assignment in advance. For the purposes of this Article 12.2, the transfer of business referred to above shall include, in addition to the usual form of transfer of business, a split of the Bitcellar or any other form of restructuring of the Bitcellar which would result in a transfer of the business.
Article 18 Entire Agreement
The Terms constitute the entire agreement between the Bitcellar and the user with respect to the matters contained herein, and supersede all prior agreements, representations and understandings, whether oral or in writing, between the Bitcellar and the user with respect to the matters addressed herein.
Article 19 Severability
If any provision of the Terms or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect, and the Bitcellar and the user shall endeavor to agree to an amendment thereof to the extent necessary to make such invalid or unenforceable provision or part thereof still legally operative in order thereby to achieve the same purpose and same legal and economic effect as originally contemplated by such invalid or unenforceable provision or part thereof.
Article 20 Survival of Provisions
The provisions of the Terms that are to remain by their nature (including, without limitation, the provisions concerning disclaimer of the Bitcellar) shall survive the expiration or termination of the Terms and remain in full force and effect.
Article 21 Governing Law and Jurisdiction
The Terms shall be governed by the laws of Japan. Any and all disputes arising out of or in connection with the Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.
Article 22 Resolution Through Discussion
Any matters not provided for in the Terms or those giving rise to any doubts with respect to the interpretation of the Terms shall be promptly resolved through good faith discussions between the Bitcellar and the user.
Article 23 Special provision
The prescriptions in Articles 2, 3, 4 and 12 shall not apply to the versions of this application which do not incorporate any SNS function.