Syarat Layanan

Chapter 2 Obligations of Users

Article 6 [Management of Devices and Accounts]

1. Users shall not allow a third party to use or share their devices and accounts (meaning the unique status of the User in the Service obtained by registering their own information as a registered account and including the unique identification code issued by the Company to the User; the same shall apply hereinafter).
2. Users shall manage their devices and accounts at their own risk when using the Service and shall be fully responsible for all acts performed using their devices and accounts.
3. The Company shall consider all acts performed using the devices and accounts of the User, regardless of who actually uses them, to be acts performed by the User who obtained the account.
4. The Company shall not be liable for any damages suffered by the User due to device failure, loss, malware, spyware, viruses, hacking or cracking attacks by third parties, or improper management and use of devices and accounts, or use by third parties.
5. If there is a risk that the User’s device and account may be illegally used by a third party, the User shall promptly take necessary measures to prevent such illegal use.
6. The Company shall not be responsible for any disadvantages that may arise to the User due to the loss or forgetfulness of their device and account (including the loss of any information posted, registered, or stored by the User on the Service, or any state realized on the Service).
7. Users shall endeavor to keep the version of this app and the OS of the device registered with this app up to date. Users also acknowledge that the app may not function properly depending on the version of their device or OS. Users can check the OS versions available for the app on the Company's website.

Article 7 [Prohibited Activities]

The Company prohibits the following activities by Users when using the Service (including actions that may fall under these activities and actions performed by third parties).

1. Providing one’s membership information (including IDs and other identification codes used by the User) to a third party and allowing them to use the Service
2. Registering an account by submitting false information
3. Providing, disseminating, or slandering false information about the Company or third parties, including other Users, regardless of whether it is inside or outside the Service
4. Creating multiple accounts
5. Unauthorized access activities
6. Pretending to be the Company, other Users, persons or organizations related to the Service, or misleading third parties about their association with the Service
7. Using the Service in a manner that may overload servers, systems, networks, or other facilities related to the Service
8. Distributing computer viruses or causing malfunctions to the Service or devices used by Users
9. Acts that may interfere with other Users' use of the Service
10. Intentionally providing or disclosing information about the Service's defects to third parties
11. Modifying, damaging, reverse engineering, decompiling, disassembling, or any similar act regarding programs used by the Service
12. Copying, transcribing, extracting, processing, adapting, transferring, lending, selling, or transmitting information provided by the Service or on the Service
13. Using the Service or information provided on the Service for commercial purposes or preparatory activities
14. Infringing copyrights (including rights under Articles 27 and 28 of the Copyright Act), patent rights, trademark rights, or other intellectual property rights of the Company or third parties
15. Using materials that may infringe intellectual property rights to use the Service
16. Reusing, reselling, or redistributing materials obtained from the Service on similar or competing services
17. Defaming, stalking, bullying, harassing, defrauding, threatening, verbally abusing, coercing, or impersonating or intimidating the Company, other Users, or third parties
18. Canceling an event planned through the Service without notifying participants on the day of the event, or otherwise betraying participants
19. Recruiting participants by stating false information or maliciously planning events
20. Using the Service while walking, driving, or in other inappropriate situations or manners
21. Transmitting information that includes abusive or socially unacceptable content (including posting activities to the Service; the same applies hereinafter)
22. Transmitting information that contains obscene content (defined as expressions that the Company judges to be suggestive of sexual matters, regardless of artistic value)
23. Transmitting information for the purpose of soliciting relationships or obscene acts with unknown third parties
24. Posting harmful information to minors (as defined in Article 2, Paragraph 3 of the Act on Establishing an Environment for Safe and Secure Use of the Internet by Youth) or soliciting minors to engage in sexual activities
25. Encouraging, soliciting, or promoting suicide or self-harm
26. Transmitting information that promotes the sale of contraband drugs, narcotics, or other illegal substances, or the use of inappropriate drugs such as dangerous drugs
27. Transmitting or soliciting information regarding religious activities, religious organizations, political activities, or political organizations
28. Transmitting information related to pyramid schemes or network businesses
29. Transmitting information that contains phrases equivalent to junk mail or spam mail
30. Promoting or soliciting minors to drink alcohol, smoke, or gamble, or transmitting information that negatively affects minors
31. Transmitting information that includes child pornography, cruel expressions, or other content that offends third parties
32. Transmitting information that may lead to discrimination based on race, ethnicity, gender, creed, social status, residence, physical characteristics, medical history, education, or wealth
33. Infringing on the portrait rights, privacy, or other personal rights of others
34. Unjustly collecting and using other Users' personal information or privacy-related information
35. Engaging in fraud or other acts that could lead to crime
36. Engaging in acts that interfere with the provision of the Service or damage the reputation of the Company and the Service
37. Violating laws, regardless of intent or negligence
38. Engaging in acts contrary to public order and morals or acts that harm others
39. Ignoring warnings or requests for cooperation from local governments, fire departments, police, or organizations formed by these entities or similar organizations (except when there is a compelling emergency reason for safety or when permitted by public morality)
40. Engaging in other acts that the Company deems inappropriate

Article 8 [Restriction or Suspension of Use]

If the Company determines that the User's conduct falls under any of the following categories, the Company may refuse to start the use of the Service by such User, delete all or part of the information registered by such User on the Service (hereinafter referred to as 'User Content'), suspend or restrict the use of the Service by such User, or delete such User's account.

1. If the Company determines that the User has violated or is likely to violate these Terms, including prohibited activities as described in the preceding article
2. If the User's conduct (including acts or omissions outside the Service) interferes with or obstructs the provision of the Service, or if the Company determines that there is a risk thereof
3. If the Company determines that the User is using the Service by a method other than the Company's specified method or by other fraudulent means, or if there is a risk thereof
4. If the User has been subjected to measures under this Article by the Company in the past
5. If the Company determines that it is otherwise inappropriate

Article 9 [Withdrawal]

1. If the User wishes to withdraw from the Service, the User shall take the withdrawal procedure by themselves by the method prescribed by the Company. If the procedure is performed from the User's device or account, the Company shall deem it to have been performed with the User's true intention.
2. If the User withdraws from the Service, all rights, past registration information, and any data, history, or other information accumulated in connection with the use of the Service shall be irrevocably lost. If the User has complied with the prescribed withdrawal procedures set forth in the preceding paragraph, the User's defense that they did not genuinely intend to withdraw will not be recognized.
3. Even after the User withdraws from the Service, the contractual relationship between the Company and the User under these Terms shall not terminate and shall continue to be effective.
4. The Company may continue to retain and use the information provided by the User or collected by the Company during the use of the Service even after the User withdraws from the Service.
5. If the User dies, the User shall be deemed to have terminated their use of the Service. The right to use the Service is a personal right and is not subject to inheritance.
6. The Company may, at its discretion, delete accounts that have not accessed the Service for more than six months without prior notice. The Company shall not be liable for any such deletion except as otherwise provided in these Terms.

Chapter 3 Support and Handling of Information

Article 10 [Customer Support]

1. The Company provides services to assist Users in using the Service (hereinafter referred to as 'Support'), but the content shall be determined within the scope that the Company can provide, and the Company shall not be obligated to provide any specific Support.
2. Support shall be accepted through the Service or through a dedicated form specified by the Company, and responses from the Company shall, in principle, be made via email if necessary.
3. Depending on the nature of the inquiry, it may take a considerable number of days to respond, and in some cases, it may not be possible to respond.
4. The Company, in principle, does not respond to inquiries related to defects in the Service, the content or timing of responses to requests, or the use of hardware, OS, software, etc., unrelated to the use of the Service.
5. Users shall not use or disclose the contents of the Company’s response for any purpose other than receiving Support.

Article 11 [Intellectual Property Rights]

1. All intellectual property rights related to the Service (including intellectual property rights arising in connection with information provided on the Service; this includes rights stipulated in Articles 27 and 28 of the Copyright Act) shall belong to the Company or third parties with legitimate authority over them.
2. Users shall not reproduce, modify, publicly transmit, or otherwise use any information provided by the Company on the Service without consent and a contract, or use it in a way that infringes the Company’s intellectual property rights.
3. The permission granted by the Company for the use of the Service shall not be construed as any license under the Company's intellectual property rights or other rights to the Users.

Article 12 [Handling of Posted Data]

1. The Service may have functions that allow Users to send texts and other information to specific or unspecified other Users, such as messaging functions or bulletin board functions (hereinafter collectively referred to as 'Posting Functions').
2. Users shall be fully responsible for the content of the texts and other information they send or store to specific or unspecified other Users using Posting Functions (hereinafter collectively referred to as 'Posted Data'). The Company assumes no responsibility for the content of Posted Data.
3. Users warrant that the Posted Data does not infringe any rights or interests of third parties, including intellectual property rights, privacy rights, portrait rights, or other personal rights, and does not violate any laws.
4. If complaints, lawsuits, or other disputes arise from third parties due to the Posted Data, the User shall resolve such disputes at their own responsibility and expense without causing any inconvenience or damage to the Company. The Company assumes no responsibility for any damages suffered by the User due to such disputes.
5. The Company may, if deemed necessary, view and delete all or part of the Posted Data. However, the Company is not obligated to view or delete the Posted Data and assumes no responsibility for the results if the Company does not delete the Posted Data.

Article 13 [Collection and Use of Information]

The Company shall handle the information obtained from Users when using the Service in accordance with the Company's Privacy Policy.

Chapter 4 Changes and Termination

Article 14 [Interruption or Suspension of the Service]

1. The Company may interrupt or suspend all or part of the provision of the Service without prior notice to Users if any of the following cases apply.
1. When regular or emergency maintenance work is performed on the computer system related to the Service
2. When there is a failure of the telecommunication equipment installed by the Company and used for the Service, such as server downtime
3. When there is congestion of network lines, failures at internet providers, or other failures of external infrastructure used for the Service
4. When it is impossible to provide the Service due to force majeure (including natural disasters such as fire, power outage, earthquake, tsunami, typhoon, lightning, heavy rain, and flood, or other unexpected accidents)
5. When the Company deems it necessary
2. The Company shall not be liable for any damages suffered by Users due to the interruption or suspension of the Service based on the preceding paragraph, except in cases where the Company is responsible.

Chapter 5 Content Provision and License Use

All rights and licenses granted to Users under these Terms are conditional on Users' compliance with these Terms.

Article 15 [Ownership]

Except as expressly granted in these Terms, all rights, title, and interests in photos, illustrations, images, vectors, videos, 3D assets, template assets, and other graphic works designated on the Service (hereinafter referred to as 'Works') shall remain with the Company and its licensors. No title or ownership of the Works is transferred to Users under these Terms.

Article 16 [Creator Members]

1. After registering an account, Users can become creator members by undergoing a separate creator registration process.
2. Creator members agree to these Terms and, by uploading their works to the Service, grant the Company non-exclusive rights to reproduce, distribute, sell, promote, publicly transmit, make available for transmission, and display the works and the accompanying information provided with the works (hereinafter referred to as 'Related Information, etc.') without any restrictions on time and region, and to create derivative works. The Company may also grant such reproduction rights, etc., to third parties within the scope of the licensing terms and specific restrictions stipulated below.
3. By uploading their works and Related Information, etc., creator members shall be deemed to have consented to the reproduction, etc., of the works and Related Information, etc., as stipulated in the preceding paragraph. Creator members also agree to provide comp images of the works (with or without watermarks) free of charge to those considering purchasing the works to check the layout and composition before purchasing.
4. Even after the Company grants reproduction rights, etc., the copyrights and other rights related to the works shall remain with the creator member or copyright holder, and there shall be no transfer of rights to Users.
5. Creator members agree that purchasers, etc., are free to process the works and do not require credit display or non-display, etc., when using the works. They also agree not to exercise moral rights of authorship or allow third parties to do so.
6. Creator members agree that the Company is not obligated to offer all the works they have submitted for sale.
7. Creator members agree that the Company may discount the prices listed on the Service at its discretion.
8. Creator members shall comply with the Company's requests to the best of their ability when correcting physical defects or flaws in the works, and agree in advance that the Company may take corrective action if the creator member cannot or fails to do so, or if the defects or flaws are minor.
9. Creator members shall not purchase works they sell themselves or have third parties purchase them to profit in the Service or other services managed by the Company.
10. Creator members guarantee that all works and Related Information, etc., uploaded to the Service were created by the creator member themselves and that they fully own the copyrights or have obtained appropriate use permission from the rightful rights holders in writing, and have the legal right to grant the rights described in this section to the Company, purchasers, the Company's customers, and users of the works.
11. Creator members guarantee that the Related Information, etc., uploaded to the Service is accurate.
12. If portrait rights, publicity rights, trademark rights, copyrights, or other third-party rights exist in the works or subjects uploaded to the Service, creator members guarantee that they have obtained permission from all rights holders or their legitimate agents for such rights and that they do not infringe third-party rights. If the uploaded works are portrait works with identifiable individuals as subjects (hereinafter referred to as 'Portrait Works'), creator members shall submit model releases for all subjects to the Company upon request. Creator members also warrant that they have obtained all valid model releases required for Portrait Works and stored them, and shall submit the model releases and necessary information to the Company upon request.
13. Creator members guarantee that the works uploaded to the Service were created legally.
14. If the necessary permissions under Article 11 or Article 13 are not obtained, if Related Information, etc., is false or inappropriate (including the misuse of another person's name), or if the works fall under any of the following, the Company may, at its discretion, delete or modify them. Creator members shall not provide inappropriate works to the Company.
15. If a claim, objection, complaint, or demand for compensation arises from third parties regarding the works or Related Information, etc., creator members shall handle it at their own responsibility and expense and guarantee that they will not cause any inconvenience or damage to the Company.
16. If such a claim, objection, complaint, or demand for compensation is made against the Company and the Company suffers any damage, creator members shall indemnify the Company for all expenses incurred, including reasonable attorney fees.
17. If a claim, objection, complaint, or demand for compensation regarding the works or Related Information, etc., is made against the Company by third parties, the Company may disclose the contact information and other information it has regarding the relevant creator member to the third party.
18. The Company shall pay creator members sales commissions according to the Company's conversion rate (however, if a member of the creator registers an organization and sells works to which the copyrights belong to individuals, the sales commissions shall be paid to the previously registered personal account). If withholding taxes are required by law, the Company shall pay the amount after deducting such taxes. Creator members agree that a conversion fee may be deducted depending on the payment method.
19. The Company may change the conditions for paying sales commissions to creator members in the following cases, and creator members agree to this.
1. Improvement or change of the Service management system
2. Introduction of new services or new systems
20. If the Company uses the works for the purpose of promotion or advertisement of the Service or other services managed by the Company, whether inside or outside the Service, it may use the works freely and without charge. In such cases, Article 6 shall apply, and the Company may freely process, etc. Creator members agree that they do not have the right to claim sales commissions for providing free materials and comp data.
21. Creator members may make a payment request when they meet the minimum payment standard set by the Company, and payment shall be made by the end of the second month after the request date.
22. When making a payment request for sales commissions, creator members shall provide correct information to the Company, such as bank account information and other necessary information for payment. If there are deficiencies in this information, the Company shall issue a correction notice, but if there is no response within the period specified by the Company, the payment request shall be canceled. Even if the payment of the sales commission is not completed due to reasons attributable to the creator member, the request shall be canceled, and a new payment request will be required.
23. Even if the work is sold, the sales commission to creator members may be canceled at the following expiration dates.
1. When a refund request is made by the purchaser due to some defect or flaw in the work itself
2. When temporary server errors, line errors, or other abnormal transactions occur, such as duplicate purchases
3. When the purchaser of the work falls into a state of insolvency or the Company determines that there was a fraudulent transaction or that it is otherwise uncollectible
4. When the creator member is found to have violated this Contract or if the Company determines that it is not obligated to make payment for the transaction for other reasons
24. If a creator member wishes to delete a work from the site, they shall do so by the deletion procedure prescribed by the Company. For works that have already been put on sale, the sale of such works shall end, in principle, 30 days after the deletion procedure.
25. Creator members shall not request the cessation or prohibition of use of works that have already been purchased, regardless of the procedure for deletion or withdrawal.

Article 17 [License Grant]

1. cizucu grants an irrevocable, non-exclusive, worldwide copyright license to download, reproduce, edit, distribute, screen, and use works where the download button is displayed on cizucu, even for commercial purposes, without permission or credit display from creator members or cizucu.
2. The cizucu license grants a very broad copyright license for works where download permission is given on the Service, but please note that the following usage rights are not included.
1. Trademarks, logos, or brands appearing in the works
2. Persons (identifiable) appearing in the works
3. Artworks or other copyrighted works appearing in the works
3. Restrictions stipulated in Article 18 apply to licensed works.
4. Creator members have been confirmed that there is no infringement of rights in the uploaded works, but users who download the works should also use them at their own responsibility to ensure that their downloading and usage do not infringe third-party copyrights, trademark rights, portrait rights, or other legal rights. If the user's downloading and usage infringe third-party copyrights, trademark rights, portrait rights, or other legal rights, the user shall resolve the dispute with third parties at their own responsibility.

Article 18 [Restrictions]

The following actions by Users are prohibited.

1. Downloading, editing, and reproducing works from the cizucu community to create similar or competing services
2. Allowing third parties to use works in a way that (1) enables independent use, download, extraction, or access of works as standalone files, or (2) exceeds the scope of the license for the works
3. Using works with materials that infringe third-party rights, or otherwise engaging in activities that infringe individual or organizational intellectual property rights, etc.
4. Registering, or applying to register, a trademark, design mark, service mark, sound mark, or trade name using all or part of the works, or asserting ownership to prevent third parties from using the works
5. Using works in a pornographic or defamatory manner or in a manner that violates applicable laws, rules, or regulations
6. Using works in a manner or in connection with themes that a reasonable person would consider inappropriate, immoral, offensive, obscene, or controversial, considering the nature of the works
7. Using works in violation of additional restrictions displayed on the detailed page of the works on the Service
8. Removing, obscuring, or altering ownership notices regarding the works, or making explicit or implied false representations that the User or another third party is the creator or intellectual property owner of the works
9. Directly or indirectly using the Service (or content, data, output, or other information derived from the Service) for the creation, training, testing, or other improvement of machine learning algorithms or artificial intelligence systems (architectures, models, weights, etc.) or for technologies designed or intended for the identification of natural persons, or allowing third parties to do so
10. Accessing works filtered by SafeSearch for Users under 18 years old or Users residing in countries where adult content is illegal
11. Using or exploiting works in any manner other than expressly stated in these Terms

Article 19 [Attribution and Credit Display]

1. When using works in audiovisual works, Users must make commercially reasonable efforts to display attribution and credit in the following format according to industry standards, wherever possible.
2. If the work is used in a situation where attribution and credit are displayed for other stock content providers but not yet displayed for the Company, the User must also display attribution and credit for the Company.

Article 20 [Reservation]

1. If a User actually recognizes or reasonably believes that a work may be the subject of a claim by a third party, they must promptly notify the Company in writing. If the Company reasonably believes that a work may be the subject of a claim by a third party, it may instruct the User to cease all use, reproduction, modification, display, distribution, or possession of the work, and the User must promptly comply with such instructions and appropriately instruct their clients, distributors, employees, and employers to cease using the work.
2. The Company may at any time (1) suspend the license for any work, and (2) refuse to download any work.

Article 21 [Injunctive Relief]

The User agrees that if they or another User illegally accesses or uses the works in violation of these Terms, the Company may seek injunctive relief (or equivalent emergency legal relief) in any jurisdiction without notice or opportunity to remedy.

Chapter 6 Miscellaneous Provisions

Article 22 [Disclaimer]

1. The Company shall not be liable for any direct or indirect damages suffered by the User in connection with the use of the Service, except where separate liability arises under these Terms and unless there is a reason attributable to the Company. Users shall use the Service at their own responsibility and discretion.
2. Users understand that the Service and the services and information provided on the Service are subject to daily updates and changes. The Company does not guarantee the existence or continuity of such services and information.
3. The Company does not guarantee that the functions of the Service will always function perfectly. The functions of the Service may be limited by the condition of the devices, the usage environment (including the reception environment of mobile phone signals), and other factors.
4. The Company does not guarantee the completeness, certainty, appropriateness, accuracy, usefulness, up-to-dateness, legality, or suitability for the User's purpose and environment of the information and software accessible through the Service.
5. The Company does not guarantee that the Service does not infringe any third-party rights.
6. The Company does not guarantee the legality, consistency, safety, accuracy, and non-violation of public order and morals of any third-party websites accessible via links from the app. The Company shall not be liable for any damages or losses resulting from the User’s use of such websites or goods or services provided through such websites, except where separate liability arises under these Terms.
7. The Company shall not be liable for any disputes or conflicts between Users and third parties arising from the use of the Service, except where separate liability arises under these Terms and unless there is a reason attributable to the Company. Users shall resolve such disputes at their own responsibility and expense, without causing any inconvenience or damage to the Company. The same applies if the User brings a dispute against a third party.
8. The Company shall not be liable for any damages suffered by the User related to the deletion or loss of information related to the Service, loss of data due to the use of the Service, equipment failure or damage, or other damages related to the Service, except where separate liability arises under these Terms. The Company shall not be liable even if User's posted data is lost as provided in Article 16, and Users are responsible for taking backups, etc., as necessary.
9. The Company shall not be liable for any damages suffered by the User caused by combinations with other devices, except where separate liability arises under these Terms and unless there is a reason attributable to the Company.
10. The Company shall not be liable for any damages caused to Users by unauthorized access to the Service, intrusion of computer viruses, or other acts by third parties, except where separate liability arises under these Terms and unless there is a reason attributable to the Company.
11. The Company shall not be liable for any damages suffered by Users due to force majeure, except where separate liability arises under these Terms.

Article 23 [Compensation for Damages]

1. If the User violates any of the provisions of these Terms or causes damage to the Company for reasons attributable to the User, the User shall compensate the Company for any damages incurred (including reasonable attorney fees).
2. Notwithstanding the exemption provisions, if the Company is liable to the User for damages based on applicable laws, such as the Consumer Contract Act, the Company's liability shall be limited to the total amount of usage fees actually received from the User within the past year from the time the cause of the damages occurred (or 10,000 yen if there is no usage fee receipt history or it cannot be confirmed), except in cases of intent or gross negligence by the Company. In such cases, the Company's liability shall be limited to direct damages suffered by the User, excluding consequential damages, incidental damages, lost profits, or other indirect damages, regardless of whether they were foreseeable or not.

Article 24 [Prohibition of Transfer of Rights and Obligations]

1. Users shall not transfer, change the name, pledge, provide as collateral, license, or otherwise dispose of their status as a User, or all or part of their rights or obligations concerning these Terms to third parties.
2. When the Company transfers the business related to the Service to a third party, the Company may transfer the status, rights, and obligations under this Contract, as well as the User's registration information and other information, to the assignee of such business transfer, and the User shall be deemed to have agreed in advance to such transfer as set forth in this Article. The business transfer stipulated in this Article includes all cases in which business is transferred, including ordinary business transfers, mergers, company splits, and other transfers.

Article 25 [Validity of These Terms]

1. Even if some provisions of these Terms are determined to be invalid under laws and regulations, the validity of other provisions shall not be affected.
2. Even if some provisions of these Terms are determined to be invalid or voidable with respect to certain Users, the validity of these Terms with other Users shall not be affected.

Article 26 [Governing Law]

The governing law for these Terms shall be all laws of Japan.

Article 27 [Agreed Jurisdiction]

1. In the event of any doubt concerning the interpretation of these Terms, the Company may make a determination of the interpretation within a reasonable range.
2. All disputes related to these Terms shall be subject to the exclusive jurisdiction of the district court with jurisdiction over the location of the Company's head office as the court of first instance.