This Terms & Conditions (this "T&C") sets forth the user's rights and obligations regarding downloading, installation and use of the portrait application "MINE A PORTRAIT MAKER APP" (the "Application") provided by Field System Inc. ("Field System"). When using the Application, the user must agree in advance to all terms and conditions set forth in this T&C.
By using the Application, the user shall be deemed to have agreed to all terms and conditions set forth in this T&C.
2. Modification to Contents of the Application, this T&C, etc.
2.1 Field System may modify the contents of the Application or this T&C at any time.
2.2 When making the modification provided in Section 2.1 above, Field System shall notify the modification to the user by means of posting it on the Application or by other means that Field System deems appropriate.
2.3 When this T&C has been modified in accordance with Section 2.2 above and the user uses the Application thereafter, the user shall be deemed to have agreed to the modified T&C.
3. Maintenance of Use Environment
3.1 The user shall, at its own responsibility and expense, prepare all devices and communication means that are necessary for using the Application.
3.2 Field System shall not be involved in, and shall have no liability for, the use environment of the user provided in Section 3.1 above.
Part of function of the Application will be fee-based. If the user wishes to use the fee-based function of the Application, the user shall pay the fees as separately determined by Field System, in accordance with the payment process as separately determined by Field System.
5. Precautions Regarding Use of the Application
5.1 Field System will use the individual identification information that Field System uniquely creates, for the purpose of identifying the user.
5.2 Field System does not make any warranties regarding compatibility of the Application with other software.
5.3 The user shall use the Application at its own responsibility. Field System does not make any warranties regarding the contents of the Application or the completeness, accuracy, etc. of information obtained through the Application.
5.4 There might be cases in which the Application (or a part of its function) may not be used due to the user's use environment. Also, Field System shall not be liable for damages caused due to matters not attributable to Field System (such as failure of communication devices, software, etc. used by the user, or failure such as disconnection of Internet connection).
5.5 Field System shall have no liability against the user for damages due to infection by computer viruses, etc. or unauthorized access by third parties that occurred at the time of usage of the Application.
5.6 If the user causes damages to third parties by using the Application, the user shall resolve the matter at its expense and responsibility, and shall hold Field System harmless from any damages.
5.7 If the user's stored data regarding the Application is deleted, lost, etc. for any reason, Field System shall not be liable for compensation against the user, regardless of whether or not the incident is caused by errors, bugs or other defects in the Application.
5.8 Field System shall have no liability against the user for damages caused by providing the Application or damages due to acts of the user or Field System that have been conducted in accordance with this T&C (including, but not limited to, modification, suspension, termination, etc. of the Application).
6. No Warranty
In addition to Section 5 above, Field System does not make any warranties regarding the Application, whether express, implied or statutory, and shall be exempt from any liability regarding such warranties. In particular, Field System does not warrant that the Application is fit for a particular purpose, or that the Application does not infringe third parties' patents, copyrights or other rights.
7.1 When using the Application, the user shall not conduct the following acts or acts that are likely to cause such circumstances:
(a) Acts that are likely to disrupt Field System's operation of business;
(b) Commercial acts through or relating to the Application, without obtaining prior approval of Field System;
(c) Acts that violate laws and regulations, this T&C or public order and good morality, or acts that cause disadvantages or damages to Field System or third parties;
(d) Acts that infringe, or are likely to infringe, intellectual property rights or other rights owned by Field System or third parties (including trademark rights, copyrights, portrait rights, rights of privacy and rights of publicity). This includes instances in which acts of reproducing, assigning, transmitting, uploading or other acts regarding items (such as portraits) that have been created by using the Application infringe, or are likely to infringe, intellectual property rights or other rights owned by Field System or third parties;
(e) If a separate consent to a third party's terms and conditions is necessary when using the Application in addition to this T&C, acts of violation of such third party's terms and conditions;
(f) Acts of reproducing whole or part of the Application, other than installation of the Application for personal use;
(g) Acts of modification, alteration, disassembly, decompile, reverse engineering, etc. of the Application; or
(h) Other acts that are likely to fall under one of the above items, acts similar thereto, or acts that Field System deems inappropriate.
7.2 If Field Systems suffers damages due to the user's violation of the above prohibition provided in Section 7.1, the user shall compensation for such damages against Field System.
8. Intellectual Property Rights, etc.
8.1 All copyrights, trademarks, patents, design rights, know-how, and any other intellectual property rights regarding the Application shall belong to Field System or duly authorized third parties.
8.2 Rights regarding the items (such as portraits) that the user has created by using the Application shall belong to the user. However, the user grants a license (with a right to sublicense) to Field System to perform any acts regarding the said items (including reproduction, transmission and uploading thereof), and further warrants that such acts of Field System do not infringe intellectual property rights or other rights owned by third parties (including trademark rights, copyrights, portrait rights, rights of privacy and rights of publicity).
9. Personal Information
10. Suspension of Provision of the Application
If one of the following events occurs, Field System may suspend whole or part of the provision of the Application. Field System shall not be liable for damages that the user or a third party suffers due to such events.
(a) When maintenance or inspection of the computer system for providing the Application is performed on a regular or urgent basis;
(b) When provision of the Application becomes impossible or difficult due to warfare, civil war, violence, riots, labor disputes, etc.;
(c) When it becomes unable to provide the Application due to failure of the computer system for providing the Application, infection by computer viruses, unauthorized access by third parties, etc.;
(d) When it becomes unable to provide the Application due to measures taken in accordance with laws or regulations; or
(e) When Field System deems unavoidable.
11. Termination of Provision of the Application
Field System may, at any time, terminate the provision of the Application, without having any liability against the user.
If any provision of this T&C is held invalid, the remaining provisions of this T&C shall continue to be fully effective.
13. Governing Law and Jurisdiction
13.1 This T&C shall be governed by, and construed in accordance with, the laws of Japan.
13.2 All disputes regarding this T&C shall be subject to the exclusive first instance jurisdiction of the Tokyo District Court.
30 October 2013