1. Acceptance of Terms of Service

1-1 The purpose of establishing the Terms of this service (hereinafter called “TOS”) is to provide the terms and conditions that you (hereinafter called “you” or “user”) shall observed wishing to use the “Paintica” (hereinafter called “This Service”) which KLab (hereinafter called “KLab”) is offering on own website (http://paintica.com, hereinafter called “This Site”). The TOS are applied to any and all your actions for using This Service.
1-2 Subject to all the terms and conditions set forth in TOS, you may use This Service. KLab shall deem and consider that you have entirely and completely assented and agreed to be bound by all the terms and conditions set forth in TOS at that time you used This Service by accessing This Site. 1-3 Respective guidelines and rules established by KLab (hereinafter collectively called “Other TOS”) are incorporated by reference into the TOS, and you shall be subject to all the terms and conditions set forth in TOS as well as Other TOS.
1-4 If terms and conditions different from or contrary to those set forth in TOS arecontained in Other TOS, terms and conditions set forth in Other TOS have priority.

2. Description and Use Purpose of This Service

2-1 KLab provides you with This Service which you may post information such as graphical content, image, illustration or text (hereinafter collectively called “Information”) on Google Street View in This Site, and the purpose of your using This Service shall not be relevant to the use or benefit of any third party, but solely for your use.
2-2 KLab provides you with This Service only for the purposes of your personal or uncommercial uses and you shall not use This Service for the purposes other than the foregoing uses.

3. Method of Application of This Service

3-1 Anyone who wishes to use This Service shall need to agree and consent to all terms and conditions set forth in TOS and shall need to apply for using This Service by method KLab prescribes in This Site.
3-2 Where anyone who applied for using This Service (hereinafter called 'Applicant') shall be deemed and considered to be entitled to use This Service at that time KLab indicated acceptance of the Applicant’s using This Service.
3-3 KLab may refuse the Applicant the use of This Service, in its own sole judgment, without showing the reasons, in the event that the behavior of the Applicant meets one of the following conditions.
3-3-1 where Applicant applied for This Service in violation of Clause 1, Article 3 of TOS
3-3-2 where person that KLab has prohibited Applicant from using the This Service in the past, on the ground that the Applicant violated any provisions set forth in TOS and Other TOS, applies for using This Service.
3-3-3 where KLab, in its own sole judgment, deemed and considered to be unsuitable for the Applicant’s use in This Service.

4. On e-mail address for application

4-1 The e-mail address which you resister to apply for using This Service shall be under your control and be available. When the e-mail address was not under your control in some reason, you shall change to another e-mail address which is under your control and be available.
4-2 You shall consent in advance that KLab, in its own sole judgment, sends notice to your e-mail address for the purposes of sending notices of information on This Service operation, and advertisement and KLab newsletter, announcements , the others of This Service.

5 Management of your UserID and Password

5-1 You may change your password (means strings which identify you with your userID in using This Service) which you registered to apply for using This Service, after you first login in This Site. However, you may not change your userID which you registered to apply for using This Service, for any reason whatsoever.
5-2 You shall make best efforts to avoid unauthorized use of your userID and password, you shall undertake the full responsibility for the management of those, and KLab shall not undertake responsibility for any and all damages and losses resulting from your failure to manage your userID and password.
5-3 You may possess only one account per one person, and that the behaviors are prohibited that one person owns many accounts, and many persons jointly own one account.
5-4 You shall not assign, have used or have rented, disclose your account to the other person, for any reason whatsoever.

6. Charge for using This Service

Subject to all the terms and conditions set forth in TOS, you are entitled to use This Service and you may use This Service at no charge, provided that communication charge for using This Service belongs to your responsibility. In addition, KLab may modify charge for using This Service from time to time without your consent. KLab notifies you of modified charge for using This Service by means of posting on This Site and methods KLab prescribes in This Site.

7. Handling of personal information

KLab carefully and adequately treats and manages your personal information in strict confidence, based on KLab’s privacy policy, which you registered to use This Service. Before using This Service, you shall carefully read and understand the privacy policy and KLab shall deem and consider that you have entirely and completely assented and agreed to be bound by all the terms and conditions set forth in the privacy policy at that time you used This Service by accessing This Site.

8. Preparation of Environment in using This Service

8-1 In using This Service, you shall prepare sufficient computer environment to use This Service at your expense and responsibility.
8-2 You shall take responsible and sufficient measures to prevent computer virus, unauthorized access and leakage of your information.
8-3 KLab shall take no part in your computer environment to use This Service and shall not undertake the full responsibility for any and all damages losses resulting from your computer environment to use This Service.

9. Copyright

9-1 Information you post by using This Service belongs to the your copyright, provided that you grant to KLab non-exclusive license and right, under copyright law of Japan, without charge, to use foregoing Information, to the fully extent necessary to promote This Service and to implement formulation, improvement and maintenance of This Site.
9-2 Unless otherwise specified in 1 Clause, Article 9, all Information with respect to This Service and all Information posted on This Site belong to KLab’s copyright (including rights provided in Article 27 and 28 in copyright law of Japan).
9-3 You shall not exercise your moral right of authors with respect to Information you post by using This Service, provided in Article 18 to 20 in copyright law of Japan.

10. Your liability and responsibility

10-1 You shall undertake the full responsibility for any and all your actions arising out of using This Service.
10-2 You shall undertake the full responsibility for Information you post by using This Service.
10-3 In the event that you fail to perform your obligations under TOS, you shall be liable and responsible for any and all damages and losses incurred by breach of any provision set forth in TOS, and you shall indemnify and hold KLab harmless from and against any and all damages and claims.
10-4 You shall consent in advance that KLab shall not be required to save the contents of any Information you post by using This Service.
10-5 In the event that you caused damages and losses to other user, third party other than user or KLab, during your using This Service, you shall undertake the full responsibility for any and all damages and losses you caused at your expense and responsibility.

11. Prohibited acts

11-1 User shall not do the following prohibited acts. In the event user did one of the following prohibited acts, KLab may revoke the right for the user’s use of This Service and delete all or parts of Information the User posts by using This Service, or prohibit and restrict the user’s use of This Service, provided that KLab shall not undertake responsibility for any and all damages and losses you incurred resulting from this act of KLab.
11-1-1 act to violate TOS and Other TOS
11-1-2 act to violate laws and public order and morals
11-1-3 act to interrupt operation of This Service, seriously make an impact on network system, to obstruct the use of This Service by other user
11-1-4 act to infringe any copyright, intellectual property right and trade secret and any other rights of other user, third party other than user and KLab
11-1-5 act to infringe confidence or honor of other user, third party other than user and KLab, and infringe portrait rights, privacy rights of other user and third party other than user, and abuse reputation of other user, third party other than user and KLab
11-1-6 act to put other party, third party other than user and KLab at a disadvantage
11-1-7 act to post contents of Information such as evil-minded, gangster, discriminatory, abetting crimes in This Site
11-1-8 act to post Information intended commercial advertisement, promotion and inducement
11-1-9 act for person to reapply for This Service that KLab has prohibited the person from using the This Service in the past, on the ground that the person violated any provisions set forth in TOS and Other TOS
11-1-10 act which KLab deems and consider to have harmful effects on minors
11-1-11 act to post Information identifying the individual such as e-mail address, telephone number, address
11-1-12 act to be spoofing other user and third party other than user
11-1-13 act which KLab deems and considers to be unsuitable and act to post contents of Information falling under one or any of the preceding items

12. Disclaimer

12-1 Even if disputes arise between users, KLab shall take no part in the disputes between the users, in this case, such users shall be liable and responsible for solving the dispute at the users’ expense and responsibility, in the event that other user, third party other than user and KLab incurred any and all damages and losses by the dispute, and the users shall undertake the full responsibility for any and all damages and losses each party incurred at the users’ expense and responsibility.
12-2 Even if disputes arise between the user and third party other than user, KLab shall take no part in disputes between user and third party other than user, in this case, in this case, such user shall be liable and responsible for solving the dispute at the user’s expense and responsibility, in the event that other user, third party other than user and KLab incurred any and all damages and losses by the dispute, and the user shall undertake the full responsibility for any and all damages and losses each party incurred at the user’s expense and responsibility.
12-3 KLab shall not undertake responsibility whatsoever you incurred any and all damages and losses resulting from modifying, interrupting and terminating of all or parts of This Service contents (including down of display speed or faulty arisen due to flock to This Site or Force Majeure).
12-4 KLab shall not be required to monitor, manage, save any Information you post by using This Service.
12-5 KLab shall not warrant that legality, morality, reliability and accuracy of all Information you post by using This Service at all.
12-6 KLab may delete all or parts of Information you post by using This Service without your consent and you shall not express opposition to KLab's such action. 12-7 Even if third party other than user login in This Site by using stolen userID and password and the said third party used This Service, KLab shall deem and consider the stolen userID and password as those of the user self by logging in This Service and KLab shall deem and consider that the user self used This Service.In such case, KLab shall not undertake responsibility whatsoever the user incurred any and all damages and losses resulting from this violation act.
12-8 In case that the one of following conditions is met, KLab may browse and save the contents of Information you post by using This Service and may disclose the contents to third party, provided that KLab shall not undertake responsibility whatsoever you incurred any and all damages and losses resulting from these acts of KLab,
12-8-1 where KLab has to elucidate technical defects or malfunction on This Site and repair the defects or malfunction on This Site.
12-8-2 where KLab receives inquiry of This Service by legal order from law enforcement organization such as court or government organization
12-8-3 where KLab deems and consider that the needs which KLab should browse the contents of Information you post are arising, on account of present or future use of violation of TOS and Other TOS.
12-8-4 where KLab deems and consider that the urgent needs which KLab browse the contents of Information you post are arising, on account of something to fully dangerous for other user's life and fortune.
12-8-5 where KLab deems and consider that the needs which KLab browse the contents of Information you post are arising, on account of management of This Site.

13. Warranties

13-1 You shall represent and warrant that description of all Information you post by using This Service will not infringe any copyright, intellectual property right and any other rights of other user or third party other than user.
13-2 In the event that you was made a claim for damages and losses by other user or third party other than user, on the ground that description of any Information you post by using This Service infringes any copyright, intellectual property right and any other rights of other user or third party other than user, you shall be liable and responsible for solving the dispute at the your expense and responsibility, and you shall indemnify and hold KLab harmless from and against any and all damages, losses and claims.

14. KLab’s Authority to delete

In the event KLab deems and considers that any Information you post using This Service meets one of the following conditions, KLab may delete all or parts of the said Information and relevant Information, notwithstanding illegality of the said Information and existence or nonexistence of violation of TOS and Other TOS. provided that KLab shall not undertake responsibility for any and all damages and losses you incurred resulting from this act of KLab.
14-1 where description of Information you post is immoral, obscene and illegal
14-2 where official organizations or specialists (such as public servant, relevant official party, lawyer) deem and consider that description of Information you post is immoral or illegal
14-3　 where other party and third party other than user legally assert that Information you post infringes own rights
14-4 where KLab deems and considers that description of Information you post infringes any copyright, intellectual property right and any other rights of other user or third party other than user

15. Modification, interruption or termination of This Service

KLab may, in its own sole judgment and at any time, modify, interrupt and terminate all or parts of This Service contents.

16. Modification of TOS and Other TOS

16-1 KLab may, in its own sole judgment and at any time, modify all or parts of TOS and Other TOS.
16-2 Unless otherwise specified in TOS, modified TOS shall be deemed and considered to be effective at that time KLab posted the modified TOS on This Site.
16-3 KLab shall deem and consider that you have entirely and completely assented and agreed to be bound by all the terms and conditions set forth in the modified TOS at that time you used This Service after the modified TOS is effective.

17. Resignation

You wish to terminate the use of This Service, you shall submit a notice of resignation from This Service to KLab.

18. Revocation of the right to use This Service

18-1 In the event you meet one of the following conditions, KLab may, in its own sole judgment, revoke the right for the said user to use This Service and without your consent, by means of notifying to the said user.
18-1-1 where the fact that you applied for This Service in violation of Clause 1, Article 3 of TOS was revealed
18-1-2 where the fact that you violate any provision of TOS or Other TOS was revealed
18-1-3 KLab, in its own sole judgment, deemed and considered to be unsuitable for your use in This Service

19. Validities of TOS and Other TOS

19-1 Even if parts of any provisions of TOS and Other TOS shall be deemed and considered to be invalid by law, KLab concludes the remaining provisions shall be deemed and considered to be effective.
19-2 Even if parts of any provisions of TOS and Other TOS shall be deemed and considered to be invalid between some users, as a result, were revoked, KLab concludes that the remaining provisions shall be deemed and considered to be effective between users other than the said users.

20. Response to your violation of TOS and Other TOS

20-1 In the event that KLab treats your use of This Service as violation of any provisions set forth in TOS and Other TOS, moreover, KLab deems and consider to be necessary for This Service, KLab may request that you should
20-1-1 voluntarily delete or correct all or parts of Information you post by using This Service
20-1-2 delete all or parts of Information you post by using This Service
20-1-3 prohibit or restrict your use of This Service
20-1-4 revoke the right for your use of This Service
20-2 You shall not express opposition to KLab’s all actions

21. Governing Law and Jurisdiction

21-1 TOS shall be governed by and construed under the laws of Japan without giving effect to principles of conflict of laws.
21-2 You and KLab expressly agree that any action arising out of or with respect to TOS shall be exclusively filed in Tokyo District Court of Japan.

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