Terms of Service

Article 1. Scope

1. These Terms set out the conditions for providing the Service and the rights and obligations between the Company and Users. They apply to all aspects of the relationship between the Company and Users in connection with the Service.
2. Any rules for using the Service on its Settings page are referred to as the Rules and form an integral part of these Terms.
3. If these Terms conflict with the Rules or with any other description of the Service outside these Terms then these Terms prevail.

Article 2. Definitions

The following definitions apply to these Terms.

1. Service Agreement means the agreement for use of the Service entered into between the Company and a User under these Terms.
2. IP Rights means copyrights and patents and utility model rights and design rights and trademark rights and other intellectual property rights. This includes rights to obtain or apply for those rights.
3. Posted Data means any content posted or otherwise transmitted by a User through the Service. This includes text and images and animation and other data.
4. Company means zoome LLC.
5. Website means the website operated by the Company under the domain dotpx.com. If its domain name or content changes for any reason then the definition includes the changed website.
6. User means any person or entity using the Service.
7. Service means any service provided by the Company to which these Terms apply. This includes the service after it is renamed or modified for any reason.

Article 3. Fees and Payment Conditions

1. In consideration for using the Service the User shall pay the fees separately prescribed by the Company and shown in the Service under the payment conditions designated by the Company. This does not apply to use within the scope that the Company determines to be free of charge.
2. If the User fails to pay those fees when due then the User shall pay a late payment penalty at an annual rate of 14.6%.

Article 4. Prohibited Actions

When using the Service the User must not engage in any of the following acts or any act that the Company determines falls within them.

1. Acts that violate laws or regulations or are associated with criminal activity.
2. Acts that defraud or threaten the Company or other Users or other third parties.
3. Acts against public order and good morals.
4. Acts that infringe the IP Rights or portrait rights or privacy rights or reputation or other rights or interests of the Company or other Users or other third parties.
5. Transmitting through the Service to other Users information or data that falls within or that the Company determines falls within any of the following categories. Excessively violent or cruel content. Computer viruses or other harmful computer programs. Content that harms the reputation or credit of the Company or other Users or other third parties. Excessively indecent content. Content that encourages discrimination or suicide or self-harm or drug abuse. Antisocial content. Content intended for distribution to third parties such as chain messages. Content that causes discomfort to third parties.
6. Acts that place an excessive burden on the network or systems of the Service.
7. Reverse engineering or otherwise analyzing software or other systems provided by the Company.
8. Acts likely to interrupt operation of the Service.
9. Improperly accessing the network or systems of the Company.
10. Impersonating a third party.
11. Using the user ID or password of another User of the Service.
12. Commercial exploitation or advertising or solicitation or marketing through the Service without the Company's prior consent.
13. Collecting information about other Users of the Service.
14. Acts that cause disadvantage or harm or discomfort to other Users of the Service or other third parties.
15. Acts that violate the Rules.
16. Providing benefits to antisocial forces.
17. Acts intended to meet previously unacquainted persons of the opposite sex.
18. Directly or indirectly causing or facilitating any act described in items 1 through 17 above.
19. Attempting any act described in items 1 through 18 above.
20. Other acts that the Company deems inappropriate.

Article 5. Suspension of Service

The Company may suspend or discontinue all or part of the Service without advance notice to the User in any of the following circumstances.

1. Urgent inspection or maintenance of the computer systems for the Service is necessary.
2. The Company cannot provide the Service because of computer or communication line errors or incorrect operation or excessive access or unauthorized access or hacking or similar events.
3. The Company cannot provide the Service because of force majeure. This includes earthquakes and lightning and fire and storm or flood damage and power outages and other natural disasters.
4. The Company determines that suspension or discontinuance is necessary for other reasons.

Article 6. Ownership of Rights

1. All IP Rights relating to the Website and the Service are reserved by the Company or its licensors. Nothing in these Terms grants the User a license to IP Rights relating to the Website or the Service that are owned by the Company or its licensors.
2. The User represents and warrants to the Company that the User has lawful rights to post or otherwise transmit the Posted Data and that the Posted Data does not infringe any third party's rights.
3. The User grants the Company a worldwide non-exclusive royalty-free license that may be sublicensed and transferred to use and reproduce and distribute and create derivative works from and display and execute the Posted Data. The User also grants other Users a non-exclusive license to use and reproduce and distribute and create derivative works from and display and execute the Posted Data that the User posts or otherwise transmits through the Service.
4. The User agrees not to exercise moral rights against the Company or any person to whom the Company has transferred or granted the relevant rights.

Article 7. Modification and Termination of Service

1. The Company may modify or terminate the Service at any time in its discretion.
2. The Company will give the User advance notice of an intended termination of the Service.

Article 8. Disclaimer and Waiver of Warranties

1. The Company makes no express or implied warranty that the Service is suitable for a particular purpose contemplated by the User. It does not warrant that the Service has expected functions or commercial value or accuracy or usefulness. It does not warrant that the User's use of the Service complies with laws or regulations or the internal rules of industry organizations applicable to the User. It does not warrant that the Service will be free of interruption or defects.
2. The Company's liability for damages incurred by the User in connection with the Service shall not exceed the consideration paid by the User to the Company during the immediately preceding 12 months. The Company shall not be liable for incidental or indirect or special or future damages or lost profits under any circumstances.
3. The User shall address and resolve at the User's own responsibility any transactions or communications or disputes with other Users or third parties in connection with the Service or the Website.

Article 9. Confidentiality

Unless the Company gives prior written approval the User shall keep confidential all non-public information disclosed by the Company to the User in connection with the Service that the Company designates as confidential when disclosing it.

Article 10. Treatment of User Information

1. The Company handles User information in accordance with its separately established Privacy Policy. The User agrees to the handling of User information under that policy.
2. The Company may use or publish information or data provided by the User as statistical information in a form that cannot identify an individual at its sole discretion. The User shall not object to that use or publication.

• Privacy Policy

Article 11. Amendment

The Company may amend these Terms when it considers an amendment necessary. The Company will announce the content and effective time of an amendment on the Website or by another appropriate method or notify the User. If applicable law requires the User's consent to an amendment then the Company will obtain that consent by a method specified by the Company.

Article 12. Notice

1. Communications and notices between the User and the Company shall follow the procedures specified by the Company. This includes inquiries about the Service and notices about amendments to these Terms.
2. A communication or notice from the Company addressed to the email address included in a User's registration information shall be deemed received by that User.

Article 13. Assignment

1. The User shall not assign or transfer or grant a security interest in or otherwise dispose of the Service Agreement or any rights or obligations under these Terms without the Company's prior written consent.
2. If the Company transfers the business relating to the Service to a third party then the Company may transfer the Service Agreement and its rights and obligations under these Terms and the User's registration information and other User information to that third party as part of the transfer. The User agrees to such a transfer in advance. Business transfer includes a company split and any other form of transfer of the business as well as an ordinary business transfer.

Article 14. Severability

If any provision or part of these Terms is held invalid or unenforceable under the Consumer Contract Act of Japan or other laws or regulations then the remaining provisions and the remaining valid parts of that provision shall remain in full force and effect.

Article 15. Governing Law and Jurisdiction

1. These Terms are governed by Japanese law without regard to conflict of laws principles.
2. The Tokyo District Court of Japan shall have exclusive jurisdiction in the first instance over any dispute arising out of or in connection with these Terms or the Service Agreement.
3. These Terms are executed in Japanese. The Japanese text governs. Any translation into another language is for reference only and does not bind the parties.