Terms and Conditions of Use

The terms and conditions of use shown here (hereinafter referred to as the "Terms and Conditions") set forth the terms between SHIKUMI DESIGN, Inc. (hereinafter referred to as the "Company") and users (hereinafter referred to as the "User" or "Users") of iOS Application: "Springin'"Version4.0 or later (hereinafter referred to as the "Application") and any services via Application (hereinafter referred to as the "Service"), which is provided by the Company.

1. DEFINITIONS

In addition to the preamble, the following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions.

  1. "Work" or "Works" mean the data which includes images, sounds or combinations thereof, that may be used in the Application.
  2. "Algorithm" means the logic for forming individual Work, such as how to combine the image(s) and the sound(s), how to arrange them, and how to give attributes them.
  3. "Sharing Server" means the server on the Internet which is provided by the Company, in order to provide the Work by the Company and share the Work created by the User.
  4. "Shared Work" means the Work which the User and the Company uploaded to Sharing Server.
  5. "User ID" means the unique character string arbitrarily set by the User himself/herself in order to use the Application.

2. AGREEMENT TO THE TERMS AND CONDITIONS

  1. In conditions that the User follows the contents of this agreement, the Company grants the User non-exclusive use of the Application and the Service.
  2. By actually using the Service, the User is deemed to have agreed to the Terms and Conditions.
  3. If the User is a minor, the User is deemed to have obtained permission from a legal representative such as a guardian in using the Application.
  4. Any matters not stipulated in the Terms and Conditions shall be in accordance with "Apple Media Services Terms and Conditions".
  5. The copyright and other intellectual property (hereinafter referred to as the "Copyright, etc.") of the Application and the Service shall belong to the Company or a third party who owns the right of the Copyright, etc.. Due to the permission of the Application and the Service, the Company does not transfer the Copyright etc. to the User.

3. MODIFICATIONS TO THE TERMS AND CONDITIONS

  1. The Company shall be able to change the Terms and Conditions without any consent of the User.
  2. The modification will become effective once the modified Terms and Conditions is posted on an appropriate location within the official website of the Application operated by the Company (https://www.springin.org/policy/).
  3. The User shall be deemed to have granted valid to the modified Terms and Conditions by continuing to use the Application and the Service.

4. UPDATE OF THE APPLICATION

The User shall keep the Application up to date for the latest features.

5. THE REGISTRATION INFORMATION

  1. Using the Application for the first time, the User shall register the unique User ID and its related information, and shall to keep using the same User ID.
  2. The User ID cannot be changed after registration.
  3. Once the Application is uninstalled and then installed again for some reasons, the User can use the same User ID. However,it is necessary to operate in advance with the function of the Application. The Company does not take any responsibility, when the User forgets or loses some or all of the Apple ID, and then this restoration fails.
  4. If the User uploads his/her own Work to the Sharing Server, its User ID will be exposed as a creator of the Work on the display of the Application and on the web site.
  5. It is prohibited to transfer, lend or sell of the User ID.

6. HANDLING THE SHARED WORK

  1. The Shared Work, the image and the sound included in the Shared Work, the Algorithm, the title and comment displayed as related to the Work shall have the possibility to be spread and changed beyond the User's intention who uploaded the Work by various methods including the following cases. Each of the User should be aware prohibitions of the following Article, and also based on the above, it is assumed that the User himself/herself pay enough attention about the handling the Work.
    1. The Shared Work is downloadable by all Users. The image and the sound included in the Shared Work, the Algorithm, the title and text information displayed as related to the Work shall have the possibility to be used by all Users and third parties apart from original Work and the Application.
    2. The User ID and other login information of the User uploaded the Work, automatically generated thumbnail image of the Shared Work, the title and text information of the Shared Work are displayed on the web site for the download.
    3. Even after the original User deletes his/her Work from the Sharing Server, the Shared Work that had been previously downloaded to the Application of another User shall not be deleted from the other User's Application.
    4. The User can upload the Work previously downloaded from the Sharing Server, again. In this case, the Shared Work is treated as another Work whether or not there is a change, and the User ID as a creator of the Work is the User ID of the User who newly uploads.
  2. The User should handle carefully his/her Work and should be obliged to prevent trouble in advance, especially when the work includes the Portrait Rights, property, or privacy of him/herself and third parties.
  3. The User shall permit in advance the Work uploaded by him/herself to be used secondarily by other Users and the Company, and to be uploaded again by other Users and the Company. The User cannot restrict usage of the Work by other Users and the Company by exercising copyright, moral rights, intellectual property rights or any other rights.
  4. The User understands that the Work of the Application and the Service may be unpleasant, harmful, or any other disadvantage to the User.
  5. All the liabilities of the Work belong to the User who uploads the applicable work. The User shall settle any troubles or damages arising from his/her uploading the Work at his/her own liability and cost.
  6. The number of the Work that one User can upload is limited. When the Company reduces the number, the excessive number of the Work is deleted. In this case, the User cannot select which work to be deleted.
  7. The Company does not provide any guarantee of warranty about storing the Work on the Sharing Server whatsoever. The Company shall not be held liable for any troubles or damages arising from the deletion of the Work from the Sharing Server.
  8. We are not responsible for any troubles and damages caused by sharing of Works.

7. POINT SYSTEM

  1. A point called coin (hereinafter referred to as the “Coin” or “Coins”) is given to each User ID as a cumulative consumption point that can be acquired and used within the Service. The effect remains within the Application and the Service, and it is limited to the extent possible by the function of the Application and the Service.
  2. When that freezing or deletion of the User ID prescribed in the article 9 and 12 is done, all the Coins held by that User ID become invalid, irrespective of the remaining number. In this case, regardless of whether the freezing or deletion of the User ID was the intention of the User, the Company does not provide any remedies such as compensation for the invalidated Coins to the User.
  3. When the Company deems it necessary for the operation of the Application and the Service, the Company may take disadvantageous measures for the Users, including the expiration of all Coins or the change of the remaining of number of Coins. All Users give after-the-fact approval to the judgement and the measures at the discretion of the Company, and the Company shall not be held liable for any troubles or damages arising from the measures.

8. PROHIBITED ACTIVITIES

The User shall not engage in the followings when using the Application and the Service.

  1. Activities that are infringing to the Terms and Conditions.
  2. Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, and all other rights of the Company and third parties granted by the law or contract.
  3. Activities that infringe the Portrait Rights, property, or privacy of the Company and third parties.
  4. Defaming the character or trustworthiness of a third party or the Company; slandering or threatening third parties or the Company; or engaging in any similar act.
  5. Activities that lead to the spoofing of the Company and third parties, or intentionally spread false information.
  6. Activities that conflict with the interests of the third parties.
  7. Activities that disclose the personal information or personally identifiable information of the User himself/herself or of third parties needlessly or without any agreement of the implied User.
  8. Activities that use the registration information unauthorizedly or allow to use the registration information unauthorizedly by the third parties.
  9. Activities of any election campaigns, election activities, violation of the election law and act similar to these.
  10. Activities that violate the Anti-Stalking Act.
  11. Activities that are related to religious activities or invitations to certain religious groups.
  12. Activities of giving and receiving money, such as buying and selling the Work of the Application between the Users, or between the User and the third parties.
  13. Activities for the purpose on marketing activities or profits of commercial advertisements, except as permitted by the Company.
  14. Activities of the redistribution, loan or sale of the Application, the Service or the Work to third parties, except as permitted by the Company.
  15. Activities that provoke opening or solicitation of any pyramid schemes.
  16. Activities that infringe to public order and morals, all applicable laws and good common sense.
  17. Activities that will constitute criminal activities, or Activities that will lead to criminal activities.
  18. Activities of uploading or publishing the Work that is obscene/sexual, or provokes child pornography or child abuse. Activities of selling media with such information of the Work. 19. Activities of display of advertisements evoked of transmission, display, or selling of such medium.
  19. Activities that are related to invitations of obscene or sexual, or the like (including adultery, schoolgirl prostitution, prostitution, sex services, online dating, etc.).
  20. Activities of violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
  21. Overloading any server beyond its ordinary scope of use, or otherwise disturbing or hindering the management of the Services or use of the Services by the User.
  22. Activities such as analyzing, decompiling, or reverse engineering of the Application, the Service, or the Work.
  23. Activities that avoid the technical restriction of the Application, the Service, or the Work.
  24. Activities that report or notify a false statement or notification that may cause misunderstanding to the Company.
  25. Activities that the Company does not assume for the Application and the Service.
  26. Activities that conflict with the interests of the Company.
  27. Activities that likely fall under any one of the items in the preceding paragraph the Company deems.
  28. Other activities that are deemed by the Company to be inappropriate.

9. MEASURES FOR THE PROHIBITED USES

  1. When the User finds the Work corresponding to the prohibited matter of the previous articles, the User can report the Work and its User to the Company by the function of the Application.
  2. If the Company determines that his/her behavior is prohibited, the Company takes any other measures as deemed appropriate; e.g., disclosure or freezing of the User ID of the implied User, and/or deletion of the applicable Work, without specifying the reason.
  3. The Work that has been uploaded by the User may be deleted from the Sharing Server along with the freezing of the User ID of the implied User.
  4. All Users, including the implied User, give after-the-fact approval to the measures set forth in the preceding paragraph, at the discretion of the Company (including not to act, the same applies hereinafter), and the Company shall not be held liable for any troubles or damages arising from the measures.
  5. The Company is not obliged to confirm whether all the Users and all the Works are prohibited and to take measures such statements in order to reflect any event or condition in the future.

10. INVITATION OF THE WORK

  1. The Company may invite the Work made by the User. The User shall send his/her Work through the Application and the Service (hereinafter referred to as the "Post Work" or "Post Works") for the invitation with prior approval that the Work shall be handled as below.
    1. The Post Work may be published on the website with the User ID of the User posted the applicable Work (hereinafter referred to as the "Posting User") and the information like posting date.
    2. The publish method in the preceding paragraph shall be determined by the Company; e.g., to display the capture image of the Post Work, to show the movie of playing the Post Work , and to make the Post Work downloadable by Users.
    3. The Company can freely determine the period to start or stop publishing the Post Work.
    4. To the extent that the Company deems appropriate, the Company may change the Post Work without an agreement of the implied Posting User. And the act of the published Post Work may differ from the intention of the Posting User whether or not the Company changes it.
    5. By publishing as described in this article, the secondary use of the Post Work, the image and the sound included in the Post Work, and the Algorithm may occur ; e.g., Other users can share the applicable Post Work and similar Works to the third User without original Posting User.
    6. By publishing as described in this article, the Post Work, the image and the sound included in the Post Work, the Algorithm, and the information, such as the User ID may be spread beyond the Posting User's intention and may be used by other users and third parties.
    7. The Company may use the Post Work for the operation and promotion of the Application and the Service without permission of the Posting User.
    8. The Company is not obliged to publish all Post Works.
  2. The Posting User shall make sure, at his/her responsibility, the Work does not include a prohibited activity falling under article 8 and post it.
  3. The Company does not provide any guarantee of warranty on the publishing Post Work whatsoever. Also the Company shall not be held liable for any troubles or damages arising from the publish or not publish the Post Work.
  4. The liability of all the Post Works belongs to the Posting User. The Posting User shall settle any troubles or damages arising from the publish or not publish the Post Work at his/her own liability and cost.
  5. If another provision is set for each invitation, it shall take precedence over the Terms and Conditions for only the applicable invitation.

11. PRIVACY POLICY

To learn how the Company safeguards the User's personal information, please review the Privacy policy of the Company.

12. DISCLAIMER OF WARRANTIES

  1. The Company does not provide any guarantee of warranty about storing the content of the Work whatsoever. Also the Company shall not be held liable for any troubles or damages arising from the Work sharing.
  2. The Company shall not be held liable for any troubles or damages arising from the fact to have used or can not use the Application, the Service and the Work.
  3. The Company shall not be held liable for any troubles or damages arising from inappropriate acts such as a spoofing act by a third party.
  4. The Company can do no longer providing the Application and the Service, and change the content at the discretion of the Company. The Company shall not be held liable for any troubles or damages arising from this change.
  5. If a failure occurs in the provision of the Services by factors beyond the assumption of access and other excess, the Company shall not be held liable for any troubles or damages arising from this failure.
  6. When the Application and the Service is used, packet communication fees and other usage fees are incurred, and these are also to be borne by the User. Please check the file size at the time of upload and download of the Work in particular.
  7. Proper usage of the Application, the Service and the Work is not guaranteed on all environments.

13. TERMINATION OF THE TERMS AND CONDITIONS

  1. The User can delete his/her User ID at any time and stop using the Application and the Service.
  2. Even if the User ID is frozen or deleted in accordance with the preceding paragraph and Article 9 and the use of the Application is suspended, the Terms and Conditions will continue to be applied pursuant to the purpose of each regulation.

14. ENGLISH VERSION OF THE TERMS AND CONDITIONS

The Terms and Conditions is written in Japanese and English. However, the only Japanese text of the Terms and Conditions shall be an official text, shall supersede English text, and shall be controlling in all respects in case of any discrepancy.

15. GOVERNING LAW

The Terms and Conditions shall be governed, construed and interpreted in accordance with the laws of Japan.

16. JURISDICTION

Conflicts that arise from the Application and the Service or conflicts between the User and the Company related to the Application and the Service will be governed primarily under the exclusive jurisdiction of the District Court of Fukuoka.

REVISED DATE


December 1, 2016
February 14, 2017
October 5, 2017
June 1, 2018

PRIVACY POLICY

BASIC POLICY

We at SHIKUMI DESIGN, Inc. (hereinafter referred to as the "Company") will handle all user information concerned with the "Springin'" (hereinafter referred to as the "Application") service and all its related services (hereinafter referred to collectively as the "Service") in accordance with the followings.

  • The Company will comply with laws and regulations concerning the protection of personal information.
  • The Company will endeavor to prevent unauthorized access to personal information and alteration, and leakage of personal information.
  • The Company will review the management practice of personal information and continuously implement the improvement.

INFORMATION COLLECTION

The list below is the information which may contain personal information that the Company will collect on the Service.

  • The User ID and other information such as displayed name to use the Service that set by the User arbitrarily.
  • Information about the inquiry from the User and his/her Email address.
  • Usage information, such as an operation status, a version of iOS, and IP address, on the Application and the Service.

Since the Company is not intended to get the information, the Company shall not treat the data created in the Application (hereinafter referred to as the "Work") as a target of this Privacy Policy (hereinafter referred to as the "Policy"), if the Work includes personal information. In this case the information may be published by the Service. The Company shall not be held liable for any troubles or damages arising from publishing such information.

PURPOSE OF USER INFORMATION

The Company will use the acquired personal information within the scope of the following purpose of use.

  • To offer and operate the Application and the Service to the User.
  • To send information on the Application and the Service to the User.
  • To contact with the User for some reason.
  • To enable the Company to deal effectively with user inquiries.
  • To share, provide, and publish statistical data using the Application and the Service that does not identify the User personally.
  • To identify the User that violates the Terms and Conditions, and take action because it is such as to stop the provision of the Service.
  • To provide to third parties within the scope specified in the next section.

THIRD-PARTIES

(1) We may disclose and provide personal information to third parties without the consent of the User only if it falls under any of the following.

  • In the case of deeming that User consent was made based on the terms of use or this Policy;
  • Inquiries based on laws and ordinances issued by public institutions;
  • In case of delegating certain tasks specified in section (4) below;
  • When it is necessary to protect the rights of our Company and third parties;
  • When it is necessary to protect human life, body or property;
  • When this Product and this service itself are subject to property transfer.

(2) Personal information disclosed and provided to third parties in the case of the previous issue (1) is as follows:

  • The User ID to use the Service that set by the User arbitrarily.
  • Information about the inquiry from the User and his/her Email address.
  • Usage information, such as an operation status, a version of iOS, and IP address, on the Application and the Service.

(3) The method of disclosing and providing personal information of the previous issue (2) to a third party is as follows:

  • Print out and issue
  • Provision using various communication means
  • Delivery in the form of other external recording mediums

(4) If you do not wish to provide the third party mentioned above with your information, you can stop this by contacting the Company through an inquiry specified in another section.

THE OUTSOURCING

When the Company entrusts personal information to other parties for the Application and the Service, the Company concludes the necessary agreements with the appropriate entrusted parties, and take such measures as are necessary under the law.

THE COMPANY'S EXEMPTION OF LIABILITY

The Company shall not be held liable for any troubles or damages arising from acquiring the personal information by the third parties as follows.

  • When the provision of personal information is facilitated to external websites linked to the Application and the Service because of his/her using these external sites.
  • When the User himself/herself provides his/her own personal information through the Application and the Service. Or when other Users provide the User's personal information to the third parties.
  • Without negligence of the Company.

CHANGES TO THE POLICY

The User should check this Policy and the Terms and Conditions, because the Company may revise the Policy from time to time. Details of the changing of the policy shall conform the article 3 of the Terms and Conditions.

CONTACT INFORMATION

If there are any thoughts or questions about the Policy, please contact us.

SHIKUMI DESIGN, Inc.

  • mailaddress'
  • President: Shunsuke Nakamura
  • Hakata Hojo Building 401, 4-8-15 Hakata-ekimae, Hakata-ku, Fukuoka-shi, 812-0011 Japan