Article 1 - Services Provided
CASIO COMPUTER CO., LTD. (CASIO) grants applicants who agree to be bound by the terms and conditions of these Terms of Use (Users, limited to individuals only), the right to use its iPhone application (This Application) and the Picapicamera service (This Service) free of charge.
Article 2 - User Agreement
In order to use This Service via This Application, a User must agree to be bound by the terms and conditions of these Terms of Use. A User who does not agree will not be allowed to use This Service.
Article 3 - User Terminal ID Information and Location Information
- 1. A User does not need to register to use This Service.
- 2. This Application/This Service does not automatically collect or communicate unique terminal identifier (UDID) or other terminal-specific information, or any personal information. However, when a User starts up This Application the first time after installing it, This Application does generate random information that is unrelated to the UDID and other terminal status information, for the purpose of terminal identification and collection of statistical information on usage trends.
- 3. By using This Application and This Service, the User consents to providing location information to CASIO. Location information provided by the User is used by This Service along with the randomly-generated terminal-specific information described above.
- 4. CASIO shall not conduct any activities that tie actual personal information to randomly-generated terminal identification information or location information. Also, CASIO shall not publish, transfer, or sell individual usage trend information for particular terminals in any way that makes it possible to identify individuals.
Article 4 - User Content
- 1. CASIO makes no claims concerning intellectual property rights that apply to messages or images created by the User with This Application and This Service (User Content), and Users retain all rights to their User Contents.
- 2. CASIO shall not make public or announce User Content exchanged between Users without permission of the Users.
- 3. CASIO shall be under no obligation to honor requests from a User to provide User Content placed on the server by that User.
- 4. CASIO reserves the right, at its sole discretion, to freely delete User Content stored on the server. Under no circumstances shall CASIO be obliged to provide any explanation or provide any response to inquiries by a User concerning deletion of User Content.
- 5. Should any conflict between a User and another User or a third party arise due to User Content, it shall be up the User alone to resolve the conflict, without causing any problems or inconvenience for CASIO.
Article 5 - Prohibited Conduct
- 1. As a condition of use of This Service, Users are not permitted to engage in any of the following conduct when using This Service.
- (1)Conduct that violates the intellectual property rights, likeness rights, privacy rights, character rights, or other rights of CASIO, another User or a third party.
- (2)Conduct that slanders CASIO, another User, or a third party, or that damages the good name or trust thereof.
- (3)Conduct that fosters prejudice, discrimination, hatred, or antagonism towards CASIO, another User, or a third party, or any conduct that causes discomfort for an individual related to CASIO, another User or third party, including but not limited to the creation of collages, parodies, caricatures, etc.
- (4)Conduct that is the equivalent of obscenity, child pornography, or child abuse.
- (5)Conduct that profits or advances any religion or ideology, or any other type of group or organization.
- (6)Conduct that uses the service for or as a site engaged in the sex entertainment industry, fraudulent business practices, adult entertainment, matchmaking, or any conduct that runs counter to public order, or that causes or abets illegal activities.
- (7)Interfering with security, posing as another user, or any other conduct that interferes with operation of This Service
- (8)Any other conduct that is illegal or violates public order and morals, or that infringes on the rights of another User or a third party.
- (9)Conduct that causes the flashing display of the visible light communication function to be too close to a person's eyes, or any other conduct that causes discomfort.
- (10)Without permission of CASIO, conduct that causes This Service to be used outside the scope of personal use and/or non-commercial use.
- (11)Any other conduct deemed unacceptable by CASIO.
- 2. Should a User engage in any conduct that corresponds to the Prohibited Conduct described in the foregoing item 1 or should a User ever be guilty of any of the infractions described below, CASIO reserves the right to revoke or terminate eligibility to access this service or to cancel the Service Agreement without any prior notification to said User.
- (1)Discovery of current or past association with a criminal organization or other antisocial force
- (2)Targeting of CASIO with violence or threatening language brought about by a request by a User
- (3)Any violation of these Terms of Use
- (4)Any other incident that can be reasonably judged by CASIO to warrant termination of use of This Service or elimination of a User's eligibility
- 3. Should a User be found in violation of any of the prohibited conduct in the foregoing Article 1 or the other terms and conditions of these Terms of Use in a way that causes damages to CASIO, another User, or a third party, that User shall be liable for payment of compensation to cover said damages.
Article 6 - This Service
- 1. The smartphone required to use This Service shall be obtained and maintained by each User, and each User shall bear any and all communication charges incurred in connection with the use of This Service.
- 2. Though User Content is stored on a CASIO server, CASIO makes no guarantees concerning the reliability or suitability of User Content storage, and CASIO shall not be held liable for any managerial responsibility thereof.
- 3. The User recognizes that that the copyrights, patent rights, trademark rights, and all other intellectual property rights of all of the information, trademarks, contents, video images, graphic images, and other information presented by CASIO via This Service revert to CASIO or other licensers, and, except for use within This Service, no copying, screening, public transmission, display, distribution, assignment, lending or other use is allowed of information, copyrights, contents, video images, graphic images, or other information to which CASIO or another applicable licensor has rights, without the advance written permission of CASIO.
- 4. CASIO reserves the right to modify, transform, interrupt, terminate, or abolish This Service at any time without any advance notice to Users. Even should CASIO ever modify, transform, interrupt, terminate, or abolish This Service, CASIO shall not be held liable in any way by any User or Users.
- 5. The User grants CASIO free-of-charge usage rights without any provision on duration in accordance with sub-license rights allowed under copyright laws for the copying, screening, public transmission, exhibition, distribution, assignment, lending, and adaptation of User Content. Furthermore, the User renounces all author personal rights to User Content. CASIO shall not bear any responsibility for displaying copyright notices for User Content.
- 6. Should CASIO judge it to be necessary to terminate provision of This Service to a particular User, CASIO shall reserve the right to invalidate the user account ID and other login information, and all User information and User Contents of the applicable User, and also to prohibit the applicable User from any future access to information and files, and to This Service. Should CASIO terminate provision of This Service in a case as described in the foregoing sentence, CASIO shall in no way be held liable for any damages to Users or any other third party.
Article 7 - Non-guarantee and Limitation of Liability
- 1. CASIO makes no guarantees, whether expressed or implied concerning This Service, including by not limited to legal warranty against defects, guarantees of merchantability, suitability for a particular purpose, or non-infringement of rights. CASIO makes no guarantees that This Service will be accessible at any time, useful, complete, safe, or error-free. The User hereby acknowledges and agrees that This Service is provided "as-is" without warranty of any kind, either express or implied, and that the User bears full responsibility for any hazards encountered while using This Service.
- 2. CASIO shall be held in no way responsible for any of the following.
- 1)The ability to use or not to use This Service
- 2)Any loss of communication content or any other communication trouble between CASIO and a User
- 3)Unauthorized access and/or modification of User data or the means of communication being used.
- 4)Comments, messages, or conduct of third parties within This Service
- 5)Any and all losses generated due to or related to problems related to This Service
- 3. The User agrees to bear full responsibility for settling any and all claims for losses by third parties due to User actions related to This Service and agrees not to cause any losses or problems for CASIO or its affiliated companies.
Article 8 - Amendment
- 1. The User hereby acknowledges and agrees that CASIO has the right to amend these Terms of Use as required at CASIO's own discretion without notice. Upon amending these Terms of Use, CASIO shall create amended Terms of Use and post them in a location within This Service.
- 2. Use of This Service following amendment to these Terms of Service shall constitute agreement by the user to be bound by the terms and conditions of the amended Terms of Service. CASIO reserves the right to cancel the Service Agreement with any User who clearly expresses to CASIO disagreement with amended Terms of Use.
Article 9 - Applicable Laws and Jurisdiction
This Agreement shall be interpreted under the laws of Japan. The Tokyo District Court shall be the exclusive jurisdictional court of the first hearing for any and all legal dispute related to This Service.
iPhone, iPhone4, iPhone4S, iPad, iPad2, and iPod touch are trademarks or registered trademarks of Apple Inc.
registered in the United States and other countries.