Terms of use

The Terms of Use (hereinafter referred to as “these Terms”.) establishes regulations regarding the use of the smartphone application, “Daisen Hanabi Camera” (hereinafter referred to as “this Application” distributed by Daisen City (hereinafter referred to as “this City”.). All users of this Application must abide with these Terms. Users of this application (hereinafter referred to as “Users”.) shall use this service in accordance with these Terms.

Article 1 (Definition)
The definitions of terminology used in these Terms are as follows.
(1) “Smartphone application” refers to applications that run on iOS installed devices (iOS installed smartphone devices and tablet devices etc.), and Android OS installed devices (Android OS installed smartphone devices and tablet devices etc.).
(2) “Download website” refers to download websites for smartphone applications such as App Store and Google Play etc.
(3) “Users” refers to all individuals, organizations, and corporate bodies using this Application.

Article 2 (Application of the Terms)
(1) These Terms apply to all users who use this Application. Even those who only slightly used this Application shall be considered as having consented to these Terms by this City.
(2) In the event this City separately establishes individual regulations regarding this Application (individual regulations or precautions for use that are displayed on the application screen etc.), the concerning individual regulation shall be considered as a part of these Terms, and the User shall comply with the individual regulation. In cases where the details of these Terms and individual regulation are contradicting or conflict with each other, the individual regulation shall take precedence.
(3) In the case there is another language version of these Terms apart from Japanese, and in the event there are contradictions or differences between the Japanese version and versions of other languages, the details of the Japanese version shall take precedence.

Article 3 (Details of this Application)
(1) This Application refers to application software that may be downloaded from download websites such as App Store etc. and used on devices of users.
(2) In the event a bug etc. is detected on this Application, the City shall provide technical and operational support to the extent possible, however this City shall not bear responsibility to deal with all bugs etc. Also, the city shall not bear responsibility for bugs etc. that may be unique to individual user environments.
(3) The details and functions etc. of this Application may be renewed or subject to change without notice towards the Users, based on the decision of this City.

Article 4 (Prohibitions)
The Users shall not engage in the following acts when using this service.

(1) Acts that are illegal or violate public order and morals.
(2) Acts that related to criminal acts.
(3) Acts that damage or interfere with server or network functions of this City.
(4) Acts that may interfere with the operation of services of this City.
(5) Acts that gather or accumulate personal information regarding other users.
(6) Acts that impersonate other users.
(7) Acts regarding the services of this City that may directly or indirectly benefit antisocial organizations.
(8) Acts that infringe the intellectual property right, publicity rights, privacy, honor, other rights or interests of this City, other users of this service, and third parties.
(9) Acts of posting or sending extremely violent expressions, explicitly sexual expressions, expressions that may lead to discrimination relating to race, nationality, beliefs, gender, social status, or lineage etc., expressions that may induce or promote suicide, self-injurious behavior, and drug abuse, and expressions that include other antisocial descriptions and may cause discomfort to others.
(10) Acts targeted for sales, promotion, advertisement, solicitation, or other profits (excludes those approved by this City.), acts for the purpose of sexual or obscene acts, acts for the purpose of encounters or association with people of the opposite sex they are unacquainted with, acts targeted to harass or slander other customers, and other acts of using this service for purposes other than those intended for this service
(11) Acts that solicit to take part in religious activities or join religious organizations
(12) Other acts deemed as inappropriate by this City

Article 5 (Discontinuation of this Service etc.)
This City may fully or partly discontinue or suspend this Service without prior notice to the Users if deemed necessary according to the following reasons.
(1) In the event of maintenance inspection or updates for the computer system of this Service.
(2) In the event this Service cannot be provided due to force majeure such as earthquakes, lightning strikes, fire, and blackouts
(3) In the event the computer or communication circuit etc. has failed due to an accident
(4) In the event this City determines that this Service cannot be provided for other reasons
This City shall not bear responsibility regarding any loss or damage the User or third party may suffer due to discontinuation or suspension of this Service, regardless of any reason.

Article 6 (Copyright)
The User shall only be able to use this Service to post or edit information of texts, images, and videos of which the User possesses the necessary intellectual property rights such as copyright, or has gained the consent of the right holder.
The copyrights of posted or edited texts, images, and videos etc. by the User through using this Service shall be reserved to the User and other existing right holders. However, posted or edited texts, images, and videos etc. through using this Service may be used by this City, and the User shall not assert their moral rights of authorship regarding this use.
Excluding the case provided in the preceding paragraph, this Service as well as all information regarding copyrights and other intellectual property rights relating to this Service belongs to this City or right holders with consent for use from this City, and the User shall not copy, transfer, loan, translate, alter, reproduce, publically broadcast (includes making available for transmission.), transmit, distribute, publish, or use for sales etc.

Article 7 (Warranty Disclaimer)
This City does not explicitly or implicitly warrant that there are not any factual or legal defects (includes safety, reliability, accuracy, integrity, validity, compatibility for any specific purpose, flaws relating to security, errors or bugs, and infringement of rights.) with this Service.
This City shall not bear any responsibility regarding any damages incurred to the User from using this Service. However, this warranty disclaimer shall not apply in the event the agreement regarding this Service between this City and the User (including these Terms.) is a consumer contract designated by the Consumer Contract Act.
Even in the case of the proviso in the preceding paragraph, this City shall not bear any responsibility regarding damages caused under special circumstances (including damages where this City or the User predicted or could predict.) among damages incurred to the User due to default or illegal action as a result of negligence of this City (excludes gross negligence.). This City shall not bear any responsibility regarding negotiations, contacts, or disputes etc. regarding this Service that arise between the User and other users, or any third parties.

Article 8 (Change of Services etc.)
This City is able to change details of this Service or discontinue the provision of this Service without notifying the User, and shall not bear any responsibility regarding damages caused to the User as a result.

Article 9 (Change of Terms of Use)
If deemed necessary, this City is able to change these Terms at any time without notifying the User.

Article 10 (Notification or Contact)
Notifications or contacts between the User and this City shall be through methods designated by this City.

Article 11 (Governing Law and Judicial Jurisdiction)
These Terms shall be governed by the laws of Japan.
The court of disputes regarding this Service shall be the district court having jurisdiction over the location of main store of this City.