May 3, 2020
Thanks for using Pic-chan. These terms of service ("Terms") cover your use and access to our services, client software and websites ("Services"). Your agreement is with UserRecord Inc, which we denote "Pic-chan" in these Terms. Our Privacy Policy explains how we collect and use your information. By using our Services, you're agreeing to be bound by these Terms and our Privacy Policy.
When you use our Services, you provide us with things like your photos and videos ("
We need your permission to do things like sharing it when you ask us to. Our Services also provide you with features like photo thumbnails. These and other features may require our system to access Your Stuff. You give us permission to do these things, and this permission extends to our affiliates and trusted thrid parties we work with.
You're responsible for your conduct. Content in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download, or share content unless you have the right to do so. We aren't responsible for the content people post and share via the Services.
Some of our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. You agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
The Services are protected by copyright, trademark, and other Japan laws. These Terms don't grant you any right, title, or interest in the Services, others' content in the Services, Pic-chan trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
Billing. You can add paid features to your account (turning your account into a "Paid Account"). We'll automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.
No Refunds. You may cancel your Pic-chan Paid Account at any time and can use your Paid Account until the end of its current period.
Downgrades. Your Paid Account will remain in effect until it's cancelled or terminated under these Terms. If you don't pay for your Paid Account on time, we reserve the right to suspend it or reduce it to free plan levels.
Changes. We may chage the fees in effect.
You're free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
(a) you're in breach of these Terms,
(b) you're using the Services in a manner that would cause a real risk of harm or loss to us or other users, or
(c) you don't have a Paid Account and haven't accessed our Services for 12 consecutive months.
We may decide to discontinue the Services in response to unforeseen circumstances beyond Pic-chan's control or to comply with a legal requirement. Even if we discontinue Services before the end of any fixed or minimum term you have paid us for, we won't refund the fees you have paid.
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, PIC-CHAN AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE WON'T BE LIABLE FOR:
i. ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT PIC-CHAN OR ANY OF ITS AFFILIATES HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
You and Pic-chan agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in Tokyo District Court.
These Terms will be governed by Japan law except for its conflicts of laws principles.
These Terms constitute the entire agreement between you and Pic-chan with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Pic-chan's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Pic-chan may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time to better reflect:
(a) changes to the law,
(b) new regulatory requirements, or
(c) improvements or enhancements made to our Services.
If you don't agree to the updates we make, please cancel your account immediately. Even if we revise the Terms before the end of any fixed or minimum term you have paid us for, we won't refund the fees you have paid. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.