Service Master Terms of Use

Article 1. Introduction

These pixelSurf Master Terms of Use (referred to as these “Terms of Use” or, to distinguish them from individual terms of use, these “Master Terms of Use”) apply to all conduct in cases where Users use the services (the services are collectively referred to as the “Services,” and individual services are referred to as “Individual Services”) provided by PixelSurf Inc. (the “Company”). Users shall agree to these Terms of Use and use the Services in accordance with these Terms of Use.

Terms and conditions for use of the Services are set forth in these Terms of Use as well as terms of use, guidelines, and other agreements relating to Individual Services. These individual terms of use, rules, and so on (“Individual Terms of Use etc.”) apply as a constituent part of the agreement pursuant to these Terms of Use. In cases where these Terms of Use do not apply pursuant to Individual Terms of Use etc., only the relevant Individual Terms of Use etc. apply.

Article 3. Definitions

The terms used in these Terms of Use are defined as set forth below.
1. “User” means a person who uses the Services.
2. “Account” means any one of multiple types of authority of utilization of the Services issued by the Company to a User who registers accounts pursuant to the procedures specified in Article 7 or other provisions. Users are required to acquire necessary accounts according to the Individual Services that User wishes to use.
3. “Registered Email Address” means email address information provided by User to the Company for the purpose of receiving the Services.
4. “ID” means a text string used for identification of an individual by making reference to the Registered Email Address and Password when using the Services. One ID is issued for each account.
5. “Password” means a text string used for identification of an individual by making reference to a Registered Email Address when using the Services.
6. “Posted Information” means all data and information transmitted, distributed, posted, uploaded, registered, or edited (“Posted etc.” or “Post etc.”) by User when using the Services including images, text, translation, and information relating to displayed items.
7. Article 5. Handling of Personal Information
  
  The Company shall properly handle personal information in accordance with its Privacy Policy.
  Article 6. Confidentiality of Communications
  1. The Company shall maintain the secrecy of communications of User communications in accordance with Article 4 of the Telecommunications Business Act (Act No. 86 of 1984).
  2. In the cases set forth in the following items, the Company shall not bear the duty to protect the secrecy of communications specified in the preceding paragraph to the extent indicated in each item:
    1. In cases where compulsory disposition or a court order is issued pursuant to the Code of Criminal Procedure (Act No. 131 of 1948) or the Act on Wiretapping for Criminal Investigation (Act No. 137 of 1999), to the extent of such compulsory disposition or court order;
    2. In cases where compulsory disposition is issued pursuant to laws and regulations, to the extent of such disposition or court order;
    3. In cases where the Company determines that the requirements for a demand for disclosure pursuant to Article 4 of the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders (Act No. 137 of 2001) are satisfied, to the extent of that demand; and In cases where the Company determines that disclosure is necessary to protect the life, body, or property of a third party, to the extent necessary to protect the life, body, or property of the third party.

Article 9. Change of Registered Information

If a change occurs to Registered Information, User shall promptly notify the Company of the relevant changed information by the method specified by the Company.

If a User incurs any disadvantage as a result of failure to provide notice, the Company shall not bear any liability whatsoever.
Article 10. Control etc. of Registered Email Address, ID, and Password
1. User shall register as User’s Registered Email Address a useable email address that is under User’s control, and in the case where a Registered Email Address is no longer under User’s control, User must change the Registered Email Address to a different useable email address under User’s control.
2. User shall endeavor to prevent improper use of User’s Registered Email Addresses, Passwords, and IDs (“Registered Email Address etc.”) and shall bear all responsibility for control of the Registered Email Address etc.
3. The Company shall not bear any liability whatsoever for damage and the like incurred as a result of use of User’s Registered Email Address etc. by a third party. Conduct performed using a Registered Email Address etc. shall be deemed the conduct of the User who holds that Registered Email Address etc. even in the case where such use was made by a third party without the User’s consent or otherwise improperly, and User consents to bear responsibility for such conduct. Further, the Company shall not bear any liability whatsoever for damage arising as a result of such conduct, regardless of User’s willful misconduct or negligence.
4. In the case where a Registered Email Address etc. or other such information is divulged to a third party or there is a likelihood of such divulgence, User shall promptly notify the Company; provided, however, that while the Company can suspend or terminate use of the Services by the relevant Registered Email Address etc., the Company shall not bear any liability whatsoever for damage resulting from such divulgence of information.
5. User may not make any claims whatsoever to the Company for investigation regarding temporary suspension of use of the Services, damages incurred, lost profits, and so on arising from theft, loss, or improper use by a third party of User’s Registered Email Address etc.
6. Registration of a usable phone number under the control of User may be necessary for some Individual Services. In this case, this article shall also apply to that phone number.
7. Article 11. Account Possession
  1. In principle, each User may have one account of each type. In cases where it is necessary for activities using the Services such as distinguishing between art works or names, User is allowed to have multiple accounts to the extent not otherwise in violation of these Terms of Use.
  2. Users may not under any circumstances transfer or loan an account to a third party.
  3. Article 12. Use Environment
    
    User shall maintain all hardware, software, and so on necessary for use of the Services at User’s own expense and under User’s own responsibility.
    
    Users shall take measures according to their own use environments for the prevention of infection with computer viruses, unauthorized access, leaks of information, and the like.
    
    The Company shall not have any involvement in or bear any responsibility whatsoever for User’s use environments. User shall bear all liability and damage arising from the hardware, communications lines, software, and so on used by User and all liability and damage caused by errors in the use of the Services by User, and the Company shall not bear any liability whatsoever, regardless of User’s willful misconduct or negligence.
    
    Users may in some instances acquire software for use of the Services via application distribution services provided by third parties (“Distribution Services”). In such case, the Company makes no warranties regarding the performance, details, or continuity of Distribution Services. The Company shall not bear any liability even in the case where User is unable to acquire such software because of suspension or discontinuation of all or part of such Distribution Services due to defects or other reasons.
    
    Article 13. User Responsibilities
    
    User shall use the Services under its own responsibility and shall bear all responsibility for actions taken when using the Services and their results.
    
    Transactions by User with other Users conducted by using the Services are direct transactions between the Users, and the Company is not a party to any agreement.
    
    All types of work, communications, performance of legal duties, resolution of problems, and so on in conjunction with the transactions between Users specified in the preceding paragraph shall be performed by the Users who are parties to the transaction.
    
    User shall bear all responsibility relating to Posted the Information that User Posts etc. by using the Services. The Company shall not bear any responsibility whatsoever regarding Posted Information that is Posted etc. by User using the Services.
    
    In the case where the Company or a third party incurs damage as a result of violation of these Terms of Use by User, User shall be liable to pay compensation to the Company for all such damage.
    
    In the case where dispute arises between the User and a third party relating to the service, the User is responsible for resolution of this conflict, and the Company shall not bear any liability whatsoever. User must pay compensation for damage and resolve the matter under its own responsibility and at its own expense (including attorneys’ fees and all expenses related to the dispute etc.). However, situations where the Company is responsible due to the intention or gross negligence shall be excluded.

Article 14. Prohibited Conduct

When using the Services, User must not engage in the conduct set forth in the following items.

Conduct that infringes or is likely to infringe on the copyrights, design rights or other Intellectual Property Rights (defined in Article 22, Paragraph 1) of the Company or third parties;

Reproducing Posted Information Posted etc. to the Services or a related services without the consent of the copyright holder (author);

Engaging in activities that have a commercial or business objective, use that has a profit-making objective, or use in preparation for such profit-making objectives, regardless of the means, by using, diverting, reselling, reproducing, transmitting, translating, adapting, modifying, and so on the Services or a portion of the Services (the content, information, functions, system, programs, etc.) or other secondary use or reproduction of the Services;

Conduct that the Company determines to unreasonably prejudice the interests of the User who Posted etc. the Posted Information to the Services or a related services by using the results of data analysis (including the conduct of learning to develop artificial intelligence.The same shall apply hereafter) of Posted Information Posted etc. to the Services or related services. However, this does not apply if the User has obtained the permission of the User who Posted etc. the Posted Information for this data analysis;

Conduct that the Company determines to unreasonably prejudice the interests of a third party (Including, but not limited to, the conduct of repeatedly and continuously posting etc. Posted Information that resembles the work, portrait, or voice of a specific third party using the results of data analysis, and the conduct of distributing or selling models or tools that aid or abet such posting etc.);

Conduct that infringes or is likely to infringe on the property, privacy, or rights to likeness of the Company or third parties;

Engaging in inappropriate discrimination against or malicious slander of the Company or a third party, abetting inappropriate discrimination against a third party, or harming the honor or reputation of a third party;

Conduct in violation of the Act on Regulation of Stalking Conduct, making large numbers of telephone calls or telephone calls over an extended period of time or excessive and repeated inquiries of the same nature, transmitting large numbers of messages using a messaging function, or making demands regarding which there is no duty or which are baseless;

Impersonation of another person;

Conduct that is linked to or likely to be linked to fraud or other criminal behavior;

Engaging in any of the following conduct in relation to the Posted Information data that constitutes constitutes obscenity, obscenity, child pornography, or child abuse in violation of laws, regulations, or other criteria established by the Company (referred to as “Improper Data”):
1. Issuing, posting, editing, or displaying Improper Data;
2. Selling media that contains Improper Data; and
3. Posting or displaying advertisements that allude to the transmission, display, or sale of media that contains Improper Data;

Conduct that is likely to glamorize, provoke, or abet suicide, self-injurious behavior, substance abuse, and so on;

Posting etc. Posted Information data that contains any of the following:
1. Information that maliciously slanders Posted Information that has been Posted etc.;
2. Information that can be used to identify an individual (including cases where an individual can be identified by collating such information with other Posted Information that has been Posted etc.) such as the name, address, workplace, or telephone number of the contributor or third party (including employees of the Company)
3. Information whose veracity is difficult to confirm and false information; and
4. Other information that the Company determines to be inappropriate;

Impersonating an operator, another user, or any other third party, or any conduct that the Company determines is likely to be misinterpreted as such;

Exchanging one’s use rights to the Services for cash, goods, or other economic benefit by any method other than the method specified by the Company;

Acquiring multiple accounts of the same type (excluding cases specifically permitted under Article 11);

Posting Posted Information for the purpose of commercial advertising, publicity, or inducement (except in cases specifically permitted by the Company), Posted Information that contains affiliate links, Posted Information that contains inducements to other parties such as MLM or “pay to surf,” Posted Information that induces traffic to adult sites, one-click fraud sites, sites intended to distribute viruses or other malicious computer programs, or other sites determined by the Company to be inappropriate (including simply posting links to such sites), or other Posted Information that the Company determines to be inappropriate;

Inappropriately delaying responses to or ignoring communications from the Company or other Users who are conducting transactions between Users;

Despite receiving any reward from a company, etc., acts that fall under the guise of a third party, such as advertising (“stealth marketing”), or acts using the Service in stealth marketing, etc;

Using expression linked to discrimination on the basis of race, ethnicity, sex, age, belief, and so on;

Conduct that imposes excessive loads on the Service servers, hinders operation of the Services or network systems, or is likely to have such results;

Improperly rewriting or deleting data stored on the Company’s facilities;

Transmitting or posting viruses or other harmful computer programs;

Conduct that the Company determines violates laws and regulations, public order, these Terms of Use, or Individual Terms of Use etc. or infringes on the rights of another person;

Posting or editing expression that extols or incites extremist ideas or antisocial behavior;

Posting or editing expression that extols or incites discrimination on the basis of race, belief, occupation, sex, religion, and so on;

Posting or editing expression that extols or incites cult-like religious activity or extreme political activity;

Using the Services to display, sell, purchase, register, or engage in other transactions involving the products set forth below:
1. Stimulants, narcotics, psychotropic agents, marijuana, opium, poisons, toxic substances, and other prohibited goods;
2. Marijuana seeds and products related to legal drugs (unregulated drugs);
3. Firearms, swords, weapons, explosives, chemical weapons;
4. Products that contain images or other data that violate laws, ordinances, public policy, other criteria established by the Company; See specific criteria below;
5. PIXEL SURF QUOTE
6. PIXEL SURF MONETIZATION
7. WOO CUSTOMIZATION
  1. Used undergarments, uniforms, etc.;
  2. Prostitution and child prostitution;
  3. Products relating to gambling, lotteries, etc.;
  4. Products relating to unlimited chain investment schemes and multi-level marketing;
  5. Tobacco;
  6. Counterfeit currency, public documents (including driver’s licenses and passports), memberships, documents, electromagnetic recordings, and other such products;
  7. Bank accounts and the like;
  8. Gift cards, prepaid cards, revenue stamps, postage stamps, multiple use tickets, other securities, and coupons;
  9. Counterfeit brand products, imitation products, and pirated versions (illegal copies, etc.);
  10. Game copying devices, Pandora Batteries, and other devices that facilitate illegal copies and related products;
  11. Products obtained through theft, robbery, fraud, blackmail, embezzlement, misappropriation, or other crimes;
  12. Air guns, stun guns, pepper spray, swords whose possession is prohibited by laws and regulations; bugging devices, ultra-compact cameras, infrared cameras, and other products likely to be used for crimes;
  13. Products that infringe on patent rights, utility model rights, design rights, trademark rights, copyrights,
  14. Products regarding which the displaying party does not have sales rights and so on such as products for which the displaying party did not participate in the creation (not including cases where copyrights and other rights were assigned by the creator);
  15. Provision of services not involving a material creation and products likely to entail the provision of such services;
  16. Softwares that contain security threats such as computer viruses.
  17. Physical function examination kits, medical devices (medical supplies), pharmaceutical products, and pharmaceutical products the sale of which is prohibited in Japan;
  18. Human remains and parts of human remains;
  19. Animals, parts of animals, insects, and other organisms;
  20. Personal information, trade secrets, and other information not generally released to the public;
  21. Products for which a license or qualification required for sale is not held or satisfied;
  22. Other products whose trading violates laws and regulations (the Act on Specified Commercial Transactions, the Firearm and Sword Control Law, laws regulating narcotics, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and other relevant laws and regulations);
  23. Products intended to convert credit card credit limits to cash;
  24. Products for which the service provision period is lengthy;
  25. Products whose sale requires permits and approvals, registration, notice, and so on; and
  26. Other products outside the scope of the Company’s prohibitions and terms of use that the Company determines to be inappropriate; and
8. In situations where a User uses the Service to provide Products, license or service to other Users, the act that brings disadvantages to other Users of the Service, such as demanding different charges depending on the payment method.
9. Other conduct that the Company determines to be inappropriate.
10. Products that contain uncorrected representations of exposed sexual organs or explicit images of sexual intercourse;
11. Bypassing the PixelSurf gateway payment to receive paymentsPlease note that bypassing the PixelSurf gateway payment system to receive payments is strictly prohibited. All transactions must go through the designated PixelSurf gateway for proper processing and security. Any attempts to bypass the payment system may result in account suspension or termination. We highly recommend adhering to the designated payment process to ensure a smooth and secure payment experience for all users. If you have any questions or concerns regarding payment methods, please reach out to our support team for assistance.

Article 15. Responses to Violation etc. and Cancellation of Registration

In cases where it is determined by the Company that User has violated these Terms of Use or the Company otherwise determines that it is necessary, the Company may, at its discretion and without prior notice, take the following measures against the relevant User; provided, however, that the Company shall not be obligated to take these measures or to disclose the reasons for taking these measures.
1. Demand that the User cease the conduct in violation of or suspected of being in violation of these Terms of Use and not repeat such conduct, as well as achieve these objectives by seeking a court injunction;
2. Conduct consultations to resolve claims, demands, and so on with another person (including out-of-court dispute resolution proceedings);
3. Demand deletion or revision of Posted Information;
4. Delete all or some Posted Information, modify the scope of public disclosure, or make Posted Information inaccessible;
5. Suspend use by the User;
6. Compel the User to withdraw;
7. Reject a membership application; and
8. Prohibit the use of certain means of payment, or restrict the use of certain means of payment by pre-approval or other means.

Users may not make any objection regarding the Company’s measures specified in the preceding paragraph.

Users shall release the Company from liability in cases where the Company takes the measures specified in each item of Paragraph 1 in relation to outcomes caused by those measures.

User acknowledges in advance that the Company may take the measures specified in Paragraph 1 at its discretion and without prior notice.

In the case where User falls under any of the following items, the Company may, at its discretion and without prior notice, suspend use of the Services, compulsorily cancel User’s registration, and thereafter reject use of the Services by User.
1. In the case where it is revealed that User submitted a membership application not in accordance with the method specified in Article 7, Paragraph 2;
2. In the case where User violates these Terms of Use or Individual Terms of Use etc.;
3. In the case where it is revealed that User falls under any item of Article 7, Paragraph 5;
4. In the case where User suspends payments or becomes insolvent or a petition is filed for the commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement or special liquidation, or commencement of other comparable proceedings (this item is applicable to Users who use fee-based services);
5. In the case where no response is made to an inquiry or other communication from the Company requesting a response for 30 or more days;
6. In the case where multiple claims or inquiries regarding User are received by the Company from other Users or third parties;
7. In the case where the Company determines that User is not appropriate as a User; or
8. In other cases determined by the Company to be inappropriate.

In the case where a User falls under any items of the preceding paragraph and the Company temporarily suspends use of the Services by the relevant User or cancels the User’s registration, all obligations owed by User to the Company shall be accelerated, and User must immediately repay all obligations owed to the Company.

Article 16. Cancellation of Registration

User shall follow the procedure provided by the Company to request for deleting the account when requesting for cancellation, and follow the methods provided by the Company to delete the account.

In the case where User’s registration (in cases where User is registered under separate qualifications for an Individual Service, including such registration) is cancelled, all rights of User to use the Services shall be extinguished, and the Company may delete all Registered Information and Posted Information of User.

The Company shall not bear a duty to restore the Registered Information or the posted content of the relevant User for any reason.

Article 17. Authority to Delete Posted Information

In the following cases, regardless of whether Posted Information is unlawful or violates these Terms of Use, the Company may delete all or some related Posted Information or take measures such as modifying the scope of public access; provided, however, that the Company shall not bear a duty to take these measures or to disclose the reasons for taking such measures.

In cases where a public agency or specialist (a national or regional public body, a reliability-confirmed body specified in the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders, Internet hotline, attorney, etc.) indicates or expresses an opinion that Posted Information is unlawful, contrary to public morals, or infringes on the rights of another person;

In cases where a third party makes a claim of rights regarding Posted Information;

In cases where the Company determines that Posted Information that has been Posted, etc. infringes on the copyrights of a third party;

In cases where the Service experience problems due to the coding of letters in the Posted Information, or the Company determined the likeliness to be so.

In cases where the volume of information registered by User exceeds the volume designated by the Company; or

In other cases where the Company determines that it is necessary to delete the relevant information in accordance with laws and regulations or social norms.

Article 18. Procedures in Cases of Copyright Infringement

In cases where there is an infringement of the copyrights to User’s own work on the Service, such User may provide notice to the Company by a method designated by the Company of the items designated by the Company.

In cases where notice is made pursuant to the order of a court, public prosecutor’s office, or administrative organization, the Company shall respond in compliance with such order.

Disputes relating to the infringement specified in Paragraph 1 shall be resolved among the parties at their own costs and responsibilities.In the case where the Company incurs damage as a result of such problems, the party/parties to whom such problems are attributable shall (if they are multiple parties, jointly and severally) pay compensation for such damage.

This article shall apply mutatis mutandis to infringement of rights other than copyrights.

Article 19. Use Fees

Except in the case of PixelSurf and in cases specified otherwise in Individual Terms of Use etc. of the Services, use of the Services shall be without charge.

The particulars of the fee-based services, use fees, methods of payment, and so on shall be separately specified in the Individual Terms of Use etc.

Article 20. Warranties and Duties Relating to Posted Information

When Posting etc. Posted Information using the Services, User warrants to the Company that the relevant Posted Information does not infringe on the rights of third parties.

In the case where any dispute arises with a third party on the grounds that Posted Information Posted etc. by User infringes on the third party’s rights, User shall resolve the matter at its own expense and under its own responsibility and shall not cause any damage whatsoever to the Company.

User shall, under its own responsibility, manage and store all data including images and text produced by User. User shall maintain appropriate backups of images, text, and other data uploaded to the Services, and the Company makes no warranties whatsoever regarding the preservation and so on of images, text, and other data.

Article 21. Ownership and Licensing of Intellectual Property Rights

Know-how, copyrights, design rights, trademarks, patent rights, utility model rights, rights under the Unfair Competition Prevention Law Act (including rights to receive design registrations, rights arising from trademark applications, rights to receive patents, and rights to receive utility model rights; referred to as “Intellectual Property Rights”; corresponding rights in foreign countries and comparable rights that arise as a result of future amendment and so on of laws and regulations are included in Intellectual Property Rights) relating to the Services and to all text, images, videos, music, logos, services, programs, and other information ancillary to the Services as well as all other rights belong to the Company or the third parties who licensed to the Company the use, application, or implementation of those rights.

Intellectual Property Rights and all other rights to Posted Information Posted etc. by using the Services belong to the User who created the relevant Posted Information; provided, however, that, if prescribed explicitly, the User hereby transfers the Intellectual Property Right to the Company.

User authorizes the Company to use information which user posted in the following ways:
1. The Company and third parties licensed by the Company shall provide the User’s posted information free of charge within the necessary range for smooth provision, use promotion, advertisement / advertisement, construction, improvement and maintenance of the Company’s system. Non-exclusive, permanent use, use (including modification of the necessary limit in light of the purpose of use) and implementation.For example, the Company post user’s posted information on PixelSurf official SNS account such as Twitter, Facebook, Instagram, website operated by our company, or materials created by our company for the purpose of promoting and introducing this service・ It can be reprinted.
2. The Company may provide a function that allows user to view posted information on Pixel Surf and individual services, and our affiliated services. Post information may be processed according to the display format provided by the service. The Company will provide a means for users who have posted the information to check how the posted information is displayed in the service, and a contact point for inquiries about it.

User shall not exercise author’s moral rights against the Company and third parties licensed by the Company in relation to the use, application or implementation etc. within the extent prescribed in the preceding paragraph.

When the Company uses Posted Information in the format specified in Paragraph 3, the Company is entitled to omit display of some information or names and so on (including display of nicknames and other modified names).

Article 21-2. Use of Posted Information on pixelSurf Encyclopedia

On “pixelSurf Encyclopedia”, users may use the article body or the text in the comments sections of the Posted Information of other Users in accordance with the following conditions. Within the extent necessary for such use, when User posted the Posted Information, such User shall be deemed to give licenses the Company to sublicense other User to use such Posted Information:
1. Use of an excerpt of information in whole or in part is desirable, and in cases of unavoidable modification of information, a statement to that effect shall be made;
2. Use shall be for non-commercial purposes; and
3. The scope of use shall be limited to the web, and use in any other media is not permitted.

In relation to the use of other Users’ Posted Information on “pixelSurf" Encyclopedia”, User shall acknowledge that such Posted Information has been posted at such Users’ responsibilities and that the Company shall not make any express or implied warranties regarding the veracity etc. of their contents.

Article 21-3. Original work and translation in the translation function

In the Service, in order to deliver the work to more users, a function has been set to solicit a translation from the user for the title, caption (description) or the text of the work in some of the posted information. The process up to the reflection of the translation and the attribution of the rights of the translation submitted by applying for the offer are as follows.

work submission user:
1. A work submission user is a user who submits a work on the Service.
2. When submitting or editing a work on the Service, the work submission user sets whether or not to request a translation for each work.
3. The user who submits the work can choose whether to approve the translation provided by the translation user (defined in the next section). In addition, the work submission user can choose whether to publish only the approved translation or to publish the provided translation once and approve it later.
4. If the Work Contributor determines that the translation is malicious, the Work Contributor may block the Translator who posted the translation and return the translation of the Work to the content immediately prior to the translation by the Translator.
5. Upon approval of the translation by the work submission user, the copyright of the translation (including Articles 27 and 28 of the Copyright Act; the same shall apply hereinafter) is transferred from the translation user to the work submission user free of charge.

Translation user:
1. A translation user is a user who provides a translation on the Service. No special qualifications required.
2. If a translation is solicited for a work posted on the Service, the translation user can provide a translation to the translation solicitation part of the work. However, if the translation user is blocked by the user who submits the work, no translations can be provided to the work of the user who submits the work unless the block is removed.
3. The copyright of the translation approved by the Work Contributor shall be transferred to the Work Contributor free of charge at the time of the approval. When a translation user submits a translation, at the time of the submission, the translation user consents to the transfer of the copyright in respect of the translation submitted by the translation user to the user who submitted the work and to the non-exercise of moral rights.
4. When a translation is approved, the user name of the translation user who posted the translation before the translation is approved is listed as a translation contributor. However, this does not apply to translation users who are blocked by the user who submitted the work.

Article 23. Monitoring Operations
1. The Company and third parties entrusted by the Company shall have the right, at the Company’s sole discretion, to monitor whether User is using the Services in accordance with these Terms of Use and Individual Terms of Use etc. and to confirm that User is not engaged in any conduct in violation of these Terms of Use or other inappropriate conduct unless such monitoring or confirmation violates such User’s secrecy of communications.
2. The Company shall have the right to mechanically filter messages sent and received on Pixel Surf Message, to maintain appropriate operation of the Service by suspending the message feature of the User who sent messages including inappropriate wordings.
Article 24. Disclaimers
1. The Company will not participate in User communications and transactions, etc. Even in the event of a dispute between Users or between a User and a third party, the matter shall be resolved between the relevant Users or the User and third party, and the Company will not bear any responsibility whatsoever.
2. In cases where the Company determines that it is necessary, the Company may, at its discretion and without the provision of notice to Users, modify, suspend, discontinue, or terminate the Services (including SDK and the like distributed by the Services, hereinafter in this Article 25 the same shall apply.) or delete or modify the particulars of the Services. In this case, the Company will not bear any liability to pay compensation or indemnification for any direct or indirect damage, losses, or other expenses (whether foreseeable or unforeseeable) incurred as a result of such modification, etc. of the Services.
3. Even if provision of the Services is delayed, interrupted, etc. as a result of any of the reasons set forth below or other reasons, the Company will not bear any liability whatsoever for the resulting damage incurred by Users or other persons, except when specifically provided in these Terms of Use or Individual Terms of Use etc.
  1. Implementation of periodic or emergency maintenance to the Services’s equipment, etc.;
  2. Unavailability of the Services because of disaster, power outage, or the like;
  3. Unavailability of the Services because of earthquake, explosion, flooding, tsunami, or other natural disaster;
  4. Unavailability of the Services because of war, riot, civil disorder, disturbance, labor dispute, or the like;
  5. Breakdown, upkeep, maintenance or the like of equipment and systems used by the Company;
  6. Decrease of display speeds or other failures due to excessive accesses or other unforeseeable factors;
  7. Occurrence of a security problem that cannot be prevented by the usual techniques such as preventing viewing use , known-free software and anti-virus measures
  8. In other cases where the Company determines that temporary suspension of the Services is necessary for operational or technical reasons.
4. The Company makes no warranties whatsoever regarding the accuracy, timeliness, usefulness, reliability, or suitability for particular purpose of the Services, the absence of any actual or legal defects, or the absence of any infringement on the rights of third parties. The Company will not bear any duties whatsoever to provide the Services free of such defects etc. Further, the Company makes no warranties including warranties regarding the status of provision of the Services, accessibility, or status of use.
5. In cases where User uses the Services or information learned from the Services, User must comply with laws and regulations in the country or region of use, and the Company will not bear any liability whatsoever regarding violations of laws and regulations by User.
6. The Company shall provide to Users a simple and high-quality payment environment and information on User needs, but the Company makes no warranties regarding the absence of problems and so on in payment transactions. Further, the Company will not bear any duties to make permanent updates or improvements to or correct problems etc. in the Services.
7. The Company will not bear any duty to manage or store Posted Information Posted etc. by Users.
8. The Company will not bear any liability whatsoever regarding the lawfulness, accuracy, and so on of Posted Information Posted etc. by Users. The Company will also not bear any liability whatsoever regarding the compliance of Posted Information Posted etc. by User with the internal rules and the like of the corporations, organizations, and so on with which the relevant User is affiliated.
9. In the cases set forth below, the Company is entitled to access, store, or disclose to third parties (referred to in this paragraph as “Access etc.”) the details of the relevant Posted Information unless such Access etc. violates such User’s secrecy of communications. The Company will not bear any liability whatsoever with regard to any resulting damage incurred by Users.
  1. If the Company sends an email or text message to the Registered Email Address of the User who Posted etc. the Posted Information requesting consent to Access etc. and the circumstances set forth in the any of the following items occurs;
    
    If User consents to Access etc.;
    
    If an email or text message response from User is not received by the Company’s email servers within seven days from when the Company sent an email or text message requesting consent to Access etc.; provided, however, that this shall not include instances resulting from emergency or other unavoidable circumstances;
  2. In cases where Access etc. is necessary to identify and resolve technical problems with the Services;
  3. In cases where a proper inquiry is received from a court, the police, or other public agency pursuant to laws and regulations;
  4. In cases where a User engaged in conduct in violation or suspected of being in violation of these Terms of Use, and the Company determines that it is necessary to confirm the particulars of Posted Information;
  5. In cases where there is an imminent risk to the life, body, or property of a person and the Company determines that there is an urgent need for Access etc.; or
  6. In other cases where Access etc. is necessary for proper operation of the Services or related services.
10. In cases where the Company determines that ther
11. Notwithstanding the Company’s disclaimer set forth in Paragraphs 1 to 10 and the other provisions of these Terms of Use (referred to as the “Disclaimers”), in the case where the agreement between the Company and User relating to the Services (including these Terms of Use) constitutes a consumer contract specified in the Consumer Contract Act, the Disclaimers shall not apply and the following items shall apply:
  1. the Company will not bear any liability whatsoever for damage incurred by User because of the Company’s nonperformance of obligations due to the Company’s negligence (excluding gross negligence) or unlawful conduct by the Company and that has occurred due to special circumstances (including cases where the Company or User foresaw or could have foreseen the occurrence of damage).
  2. the Company will compensate for actual damage incurred by User arisen normally and directly because of the Company’s nonperformance of obligations due to the Company’s negligence (excluding gross negligence) or unlawful conduct by the Company; provided, however that for User who incurred such damages in relation to fee-based services the amount of such compensation shall not exceed the total amount of payment for use fees etc. that is actually received by the Company from the damaged User within the period of 1 month prior to happening of the cause of such damages, or for Uses who incurred such damages in relation to free services the amount shall not exceed 100 USD.
12. Other than the cases fell in the preceding paragraph, in cases where the Company, by any chance, bears liability to User in relation to use of the Services by User pursuant to the preceding paragraph, except in the case of the Company’s willful misconduct or gross negligence, the Company shall pay compensation for actual damage incurred by User to the extent of ordinary and direct damage, and in the case of fee-based services, up to the aggregate amount of use fees paid to the Company by User during the one-year period before User has made a claim for such compensation for damage.
Article 25. Exclusion of Anti-Social Forces
1. User represents and warrants that it is currently not a member of an organized crime group, a person cease to be a member of an organized crime group within the past five years, a quasi-member of an organized crime group, a constituent member of a company affiliated with an organized crime group, a corporate extortionist (sokaiya), a social campaign advocate racketeer (shakai-undo-to-hyobo-goro), a crime group with special intelligence, or any other person comparable to the foregoing (“Anti-Social Forces etc.”) and that it does not cooperate with and is not involved in the maintenance, management, or operation of any Anti-Social Forces etc. such as by the provision of funds or otherwise does not have any interaction with or involvement in any Anti-Social Forces etc.
2. User represents and warrants that it shall not directly or through the use of third parties engage in the conduct set forth in the following items with regard to other Users and the Company.
  1. Use of violent or threatening expression or behavior;
  2. Unjust demands that exceed legal responsibility;
  3. Conduct damaging the reputation or obstructing the business of other parties by spreading rumors, or using fraudulent means or force;
  4. Other conduct comparable to the preceding items.
Article 26. Links to External Sites
1. With regard to external sites linked from content or advertising in the Services, the Company does not make any express or implied warranties regarding the accuracy, timeliness, completeness, merchantability, or fitness for particular purpose with regard to information displayed on those external sites, and even in the case where User or a third party incurs damage or detriment as a result of using such external sites, the Company will not bear any liability whatsoever. Each User is requested to access external sites based on its own determinations and under its own responsibility.
2. The presence of links to external sites from information provided on the System does not signify the existence of any commercial relationship between the Company and the relevant external site.
Article 27. Notices and Communications
1. In cases where it is necessary to provide notice to or communicate with the User, the Company shall mail documents, post on a website, or use email or. In cases where User determines that communication with the Company is necessary, User shall communicate with the Company by using methods designated by the Company. In cases where the Company provides notice to or communicates with User by posting on a website, such notice or communication shall take effect after the passage of 48 hours from its posting, and in the case where the Company uses other means, the notice or communication shall take effect when sent by the Company to User.
2. Except in cases where the Company determines that it is particularly necessary, the Company shall not accept communications by telephone or in person.
3. Except when pursuant to laws, regulations, statutes, and the like in Japan, the Company shall not disclose or divulge to third parties other than User any personal information of User learned in relation to provision of the Services and shall not use such personal information in excess of the scope necessary for provision of the Services.
4. Except in the cases specified in the following paragraph, the Company shall not disclose email communication histories to third parties.
5. The Company may disclose the subject matter of an inquiry without obtaining User’s agreement in the case of investigation, seizure, or the like in the form of compulsory disposition pursuant to an order issued by a judge, in the case of an inquiry (Code of Criminal Procedure, Article 197, Paragraph 2) from a public agency with investigative authority pursuant to statute, and in other cases where provision is required pursuant to laws and regulations.
Article 27-2 Handling of Fan Letters etc.
1. The Company shall not act as an intermediary for any mail sent to users, including fan letters (“Fan Letter(s) etc.”). Please send fan Letters etc. directly to the target user. If Fan Letter etc. reaches the Company, the Company will dispose of the Fan Letter etc. and will not return it to the sender of the Fan Letter etc. (“Sender”).
2. As a general rule, Fan Letters etc. received by the Company will be destroyed without being opened. However, in cases where it is difficult to dispose of Fan Letters etc. in an unopened package, we may have no choice but to open the package and dispose of them.
3. The Company shall not be liable to the User, the Sender, or any third party for any damage incurred by the User, the sender, or any third party as a result of the Company’s actions as set forth in the preceding two paragraphs.
Article 28. Effectiveness of these Terms of Use
1. Even if a portion of these Terms of Use or Individual Terms of Use etc. is determined to be void pursuant to laws and regulations, the other provisions of these Terms of Use or Individual Terms of Use etc. shall remain valid.
2. Even in the case where a portion of these Terms of Use or Individual Terms of Use etc. is determined to be void or is cancelled in relation to a particular User, these Terms of Use or Individual Terms of Use etc. shall remain valid in relation to other Users.
Article 29. Assignment of Business, etc.
1. In the case where the Company assigns the business relating to the Services to a third party or in the case where the Company undergoes a corporate division, merger, or other organizational restructuring (“Business Assignment etc.”), the Company is entitled to assign to the relevant third party its status under agreements between User and the Company (including these Terms of Use and Individual Terms of Use etc.) and information provided by User to the Company in the course of using the Services.
2. In the case of the preceding paragraph, User consents in advance to a Business Assignment etc.
3. The Company is entitled to assign to third parties its claims against Users, and the relevant User approves the provision of its personal information to such third parties for such purpose.
Article 30. Governing Law and Court of Competent Jurisdiction
1. These Terms of Use and Individual Terms of Use etc. shall be governed by the laws of Japan.
2. If litigation between User and the Company becomes necessary, the Tokyo District Court shall be the exclusive court of first instance.
Supplementary Provisions
- These Terms of Use shall take effect on June 1, 2008.
- These Terms of Use shall also apply to conduct undertaken by Users before these Terms of Use came into effect.
Revisions
1.Upcoming revision that will be added to our terms with dates

Privacy Policy

PRIVACY POLICY

This Privacy Policy governs the handling of information ("User Information") of individuals ("Users") who use the services (referred to as the "Services") provided by PixelSurf Inc. ("Company"), as specified in the PixelSurf Master Terms of Use.

Unless otherwise provided, terms used in this Privacy Policy shall have the meanings defined in the PixelSurf Master Terms of Use or Individual Terms of Use. In addition, the Privacy Policy is an Individual Terms of Use applied to the Master Terms of Use. Regarding unspecified matters in the Privacy Policy, unless specified otherwise to exclude their applicability to the Privacy Policy, they will be applied to the Master Terms of Use and regulated guidelines specified by the Company (referred to as "Regulations").

This Privacy Policy was formulated by revising the privacy policies of PixelSurf and integrating them with the privacy policies of other Services. This Privacy Policy applies to the use of the Services on and after 2023

Article 1. Definitions

In this Privacy Policy, “Personal Information” means personal information defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information.

Article 2. Methods of acquiring Personal Information

Company shall acquire the Personal Information of Users to the extent that Users use the Services.

Acquisition of other Personal Information shall be performed by appropriate and lawful means. Personal Information shall not be acquired by improper methods contrary to the intentions of Users.

Article 3. Information Company acquires and purposes of use (according to each Service)

Company shall acquire or may in the future acquire the User Information specified in each of the following items via the Services or Individual Services in the cases specified in each item for the purposes of use specified in each item.

items
(1)Email address, password, nickname, gender, date of birth
Time of acquisition

At the time of registration for the Service(s)

of use
1. To provide the Services and to provide appropriate contents to the user.:
2. To use User Information for making determinations regarding improvement of the Services, provision of new services, posting and distribution of advertisements, and the like on the basis of Users’ age, gender, interests etc.;
3. To prevent ways of use contrary to the Terms of Use of the Services and to resolve operational problems;
4. To prepare statistical data on ways of use by Users and so on (in cases where such date is prepared, however, the data shall be processed so that individuals cannot be identified);
5. To confirm applications for email distribution services and to distribute email;
6. To send notices regarding the results of contests, campaigns, prizes, and so on, to deliver goods, and to send rewards for questionnaires and the like;
7. To provide information regarding various membership services and other types of services;
8. To request cooperation with surveys and participation in events and to report on the results etc.; and
9. To determine the status of use of the Products, Services, Website, and so on and to provide information, surveys, and so on regarding Company and other companies or organizations believed to be beneficial to Users.

Payment related information

(2)Payment related information

a For payment by cards

ID, amount of payment, currency used for payment, payment methods, number of times of payment, Users’ web-browser information, Users’ terminal information, IDs, etc. for processing individual payments and for identifying individual transactions

name of buyer, name of seller, names, information, prices and URLs of the goods Users buy

email address, name of card holder, numbers of last 4 digits or numbers of first 6 digits and last 4 digits of card number, expiry date of card, brand of card, type of card, date and time of payment, items of payment

(For orders of goods on individual services such as WOO and pixelsurf inc ) name, address, zip code and phone number of delivery destination, date of shipment, shipping company name, slip number, address, zip code and phone number of buyer

b For payment via convenience stores, bank transfer and Pay-easy

name and phone number of buyer, email address, amount of payment, names of the goods Users buy, date and time of payment, IDs, etc. for processing individual payments and for identifying individual transactions

(For orders of goods on individual services such as WOO and PixelSurf Inc. ) name, address and zip code of delivery destination

c For payment via Alipay

ID, amount of payment, date and time of payment, User’s terminal information, names and information of the goods Users buy, IDs, etc. for processing individual payments and for identifying individual transactions

d For payment via Rakuten pay

ID, date and time of payment, amount of payment, IDs, etc. for processing individual payments and for identifying individual transactions

name of buyer, name of seller, names, information, prices and URLs of the goods Users buy

(For orders of goods via WOO ) name, address, zip code and phone number of delivery destination, address, zip code and phone number of buyer

e For payment via bank accounts

date and time of payment, financial institution code, branch code, bank account type, bank account number, name of account holder, amount of bank transfer, IDs, etc. for processing individual payments and for identifying individual transactions

For payment via PayPal

ID, date and time of payment, amount of payment, currency used for payment, email address

name of buyer, name of seller, names, information, prices and URLs of the goods Users buy, IDs, etc. for processing individual payments and for identifying individual transactions

(For orders of goods on WOO ) name, address, zip code and phone number of delivery destination

the amount transferred to PayPal accounts via PayPal Payouts

For payment by electronic money (Webmoney or Bitcash)

ID, date and time of payment, amount of payment, names and prices of the goods Users buy, IDs, etc. for processing individual payments and for identifying individual transactions.

For payment via Google Play

ID, date and time of payment, zip code of buyer, country or region information where address of buyer belongs, amount of payment, IDs, etc. for processing individual payments and for identifying individual transactions

For payment via App Store

ID, date and time of payment, zip code of buyer and country or region information where address of buyer belongs, amount of payment, IDs, etc. for processing individual payments and for identifying individual transactions

For payment via the payment services to which Installment Sales Act applies (followings are applicable to such services in common)

the following information of a User as a seller of goods or services on the Services: the date of application for such sales, company name, postal codes, address, phone number, industry types, the name and birth date of the representative of such company, the name, phone number, address and zip code of shops relevant to such transaction, the URL for the websites of such shops, industry types, the goods or services sold at such shops, the corporate number and classification (corporation or individual).

Time of acquisition

When registering payment methods such as card and bank transfer

When registering information of transactions such as order of goods on the Services

When executing payment on the Services

When Company get the truncated information of card from payment business agents, in order to cope with illegal payment or in order to respond to User’s inquiry for information related to their cards

Purpose of use

To bill and execute payments related to the Service such as use fees, rewards and purchase prices and to provide to third parties, including those in Japan and foreign countries, for the said purposes.

To take measure to prevent or cope with illegal payment.

To examine or take other appropriate actions when illegal payment of card occurs or there is possibility thereof.

To answer to the inquiries from Users for the information related to their cards and/or their accounts on the Services.

To check the consistency of Payment related Information that Company retains.

To notice Users of their expired cards and the registration of valid cards

To correspond to the inspections by settlement substituting companies on the requirements prescribed in relevant laws and regulations or the requirements in terms of compliance.

To correspond to the inspections, etc.to the Company as a merchant in accordance with Installment Sales Act.

To detect or prevent unauthorized use of cards, and to provide to card issuers, merchant agreement companies, or settlement substituting companies, including those in the US and foreign countries, for the said purpose.

* Company does not retain card information, and payment is made via the settlement service company.

PURPOSE OF USE

(3)Email address, user account, details of inquiry

Time of acquisition

When making an inquiry regarding the Services

Purpose of use

To respond to the inquiry
*Users may be asked to provide nicknames for inquiry as necessary depending on the services.

(4)Internet domain name, IP address, in-site search query information, and other information relating to viewing the Services

Time of acquisition

When using the Services

Purpose of use

To improve the Services by analyzing User usage environments, to develop new services, to prevent violations of the Terms of Use and other improper use of the Services and to protect the Services from spam posted to forms on the Internet, and to provide to third parties, including those in Japan and foreign countries, for the said purpose.

(5)Cookies relating to Users’ use of the Servicesof acquisition

When using the Services

Purpose of use

To ascertain the status of use by Users for improving the Services and developing new services; and

To provide more personalized content with a higher degree of relevance to Users on the Services

The detailed policy is outlined in “Article 14. Use of cookies”.

(6)Information relating to receipt and opening of emails sent by Company to Users

Time of acquisition

When Company sends emails to Users

Purpose of use

To confirm receipt and opening of emails.
* Limited to cases where Users are using email software with confirmation functions.

(7)Name, postal code, address, telephone number, Bank account information

Time of acquisition

When Users purchase goods and when Company receives replies from contest winners

Purpose of use

To deliver goods purchased by Users; and

To deliver prizes to contest winners and campaign winners

To transfer prize money for contest winners and campaign winners to their bank account

Individual Services
1. PixelSurf, WOO.
  (1)Email address, password, nickname, gender, date of birth
  Time of acquisition
  
  At the time of registration for the Individual Service
  
  Purpose of use
  1. To provide the Services and to provide appropriate contents to the user.:
  2. To use User Information for making determinations regarding improvement of the Services, provision of new services, posting and distribution of advertisements, and the like on the basis of Users’ age, gender, interests etc.;
  3. To prevent ways of use contrary to the Terms of Use of the Services and to resolve operational problems;
  4. To prepare statistical data on ways of use by Users and so on (in cases where such date is prepared, however, the data shall be processed so that individuals cannot be identified);
  5. To confirm applications for email distribution services and to distribute email;
  6. To send notices regarding the results of contests, campaigns, prizes, and so on, to deliver goods, and to send rewards for questionnaires and the like;
  7. To provide information regarding various membership services and other types of services;
  8. To request cooperation with surveys and participation in events and to report on the results etc.; and
  9. To determine the status of use of the Products, Services, Website, and so on and to provide information, surveys, and so on regarding Company and other companies or organizations believed to be beneficial to Users.
  (2)Name, postal code, address, telephone number, Place of employment, affiliation, address of workplace, telephone number of workplace
  
  Time of acquisition
  
  When contact information is added
  
  Purpose of use
  
  To deliver Products to Users
  
  (3)PayPal login information, Rakuten Pay login information
  (In cases of bank/convenience store payment) Name, telephone number
  
  Time of acquisition
  
  When Users purchase Products
  
  Purpose of use
  
  To receive payment for the Products
  * Company does not retain card information, and payment is made via the settlement service company.
  (4)Name, address, telephone number and transfer destination
  Time of acquisition
  
  At the time of registration for the shop owner
  
  Purpose of use
  
  To bill Users who used the Individual Service for use fees, to receive payment for products purchased by Users, to make payment of the amounts received to Sellers
  * Company does not retain card information, and payment is made via the settlement service company.
  pixel Surf LIVE
  
  (1)Bank account information
  
  Time of acquisition
  
  At the time of remittance for rewards
  
  Purpose of use
  
  To make payment by remittance to the specified bank account for rewards as cash
  Article 4. Restrictions on Use of Personal Information
  
  Except in the cases set forth below, Company shall use Personal Information acquired from Users through use of the Services by Users only to the extent necessary to achieve the purposes of use specified above.
  
  In cases in which the handling of Personal Information is based on laws and regulations;
  
  In cases where the handling of Personal Information is necessary to protect the life, body, or property of an individual and it is difficult to obtain the consent of the person whom the Personal Information concerns;
  
  In cases where the handling of Personal Information is specially necessary to improve public health or promote the sound growth of children and it is difficult to obtain the consent of the person whom the Personal Information concerns; and
  
  In the case where the handling of Personal Information is necessary for cooperating with a state organ, local governmental body, or an individual or a business operator entrusted by one in executing the affairs prescribed by laws and regulations and in which obtaining the consent of the person whom the Personal Information concerns are likely to impede the execution of those affairs.
  Article 5. Provision of Personal Information to third parties, etc.
  
  Except in the cases set forth in the following items or in paragraph5.2, Company shall not provide User Information that constitutes Personal Information to third parties (except the persons specified in each item of Article 27, Paragraph 5 of the Act on the Protection of Personal Information).
  
  In cases where the User consents in advance to the provision to the third party;
  
  In cases the provision of Personal Information is based on laws and regulations;
  
  In cases where the provision of Personal Information is necessary to protect the life, body, or property of an individual and it is difficult to obtain the consent of the person whom the Personal Information concerns;
  
  In cases where the provision of Personal Information is specially necessary to improve public health or promote the sound growth of children and it is difficult to obtain the consent of the person whom the Personal Information concerns;
  
  In the case where the provision of Personal Information is necessary for cooperating with a state organ, local government, or an individual or a business operator entrusted by one in executing the affairs prescribed by laws and regulations and where obtaining the consent of the person whom the Personal Information concerns are likely to impede the execution of the affairs; and
  
  In cases where an inquiry is received from police, a prosecutor, secretary of a public prosecutor’s office, tax officer, drug enforcement agent, bar association, court, or other person with legal inquiry authority or in the case where Company makes a determination that the circumstances constitute averting present danger or justifiable self-defense.
  
  We may provide the following Personal Information collected from Users to their card issuers in order to detect or prevent unauthorized use of their cards. If the card issuer the user uses is located outside of Japan, the information may be provided to a third party in a foreign country. In the case that the information is provided to a card issuer located outside of Japan, please refer to Section 5.9 regarding the information for that third party.
  
  name of card holder
  
  name of buyer
  
  address of buyer
  
  zip code of buyer
  
  name of delivery destination
  
  address of delivery destination
  
  zip code of delivery destination
  
  phone number of buyer
  
  email address of buyer
  
  user agent, IP address, screen size and other Users’ web-browser information
  
  date of account registration for the Services, date and time of purchase, number of purchases and other information relating to viewing the Services
  
  The Company may correspond to the inspections carried out by the settlement substituting companies in accordance with Installment Sales Act and provide the following information of a User as a seller of goods or services on the Services to the settlement substituting companies: the date of application for such sales, company name, postal codes, address, phone number, industry types, the name and birth date of the representative of such company, the name, phone number and address of shops relevant to such transaction, the URL for the websites of such shops, industry types, the goods or services sold at such shops, the corporate number and classification (corporation or individual). Such Personal Information may be provided to Certified Installment Sales Associations prescribed in Installment Sales Act and may be jointly used by member companies of merchants’ data exchange systems of such Associations, in order to, for the purpose of protection of consumers, collect information on claims concerning usage of cards from consumers and information on malicious transactions, and in order to take measures to prevent illegal use of cards, etc.
  
  Company may provide the User Information specified below that constitutes Personal Information to third parties via the Individual Services indicated below.

PURPOSE OF USE

pixel Surf LIVE

(1)Bank account information

Time of acquisition

At the time of remittance for rewards

Purpose of use

To make payment by remittance to the specified bank account for rewards as cash

Article 4. Restrictions on Use of Personal Information

Except in the cases set forth below, Company shall use Personal Information acquired from Users through use of the Services by Users only to the extent necessary to achieve the purposes of use specified above.

In cases in which the handling of Personal Information is based on laws and regulations;

In cases where the handling of Personal Information is necessary to protect the life, body, or property of an individual and it is difficult to obtain the consent of the person whom the Personal Information concerns;

In cases where the handling of Personal Information is specially necessary to improve public health or promote the sound growth of children and it is difficult to obtain the consent of the person whom the Personal Information concerns; and

In the case where the handling of Personal Information is necessary for cooperating with a state organ, local governmental body, or an individual or a business operator entrusted by one in executing the affairs prescribed by laws and regulations and in which obtaining the consent of the person whom the Personal Information concerns are likely to impede the execution of those affairs.

Article 5. Provision of Personal Information to third parties, etc.

Except in the cases set forth in the following items or in paragraph 5.2, Company shall not provide User Information that constitutes Personal Information to third parties (except the persons specified in each item of Article 27, Paragraph 5 of the Act on the Protection of Personal Information).
1. In cases where the User consents in advance to the provision to the third party;
2. In cases the provision of Personal Information is based on laws and regulations;
3. In cases where the provision of Personal Information is necessary to protect the life, body, or property of an individual and it is difficult to obtain the consent of the person whom the Personal Information concerns;
4. In cases where the provision of Personal Information is specially necessary to improve public health or promote the sound growth of children and it is difficult to obtain the consent of the person whom the Personal Information concerns;
5. In the case where the provision of Personal Information is necessary for cooperating with a state organ, local government, or an individual or a business operator entrusted by one in executing the affairs prescribed by laws and regulations and where obtaining the consent of the person whom the Personal Information concerns are likely to impede the execution of the affairs; and
6. In cases where an inquiry is received from police, a prosecutor, secretary of a public prosecutor’s office, tax officer, drug enforcement agent, bar association, court, or other person with legal inquiry authority or in the case where Company makes a determination that the circumstances constitute averting present danger or justifiable self-defense.

We may provide the following Personal Information collected from Users to their card issuers in order to detect or prevent unauthorized use of their cards. If the card issuer the user uses is located outside of Japan, the information may be provided to a third party in a foreign country. In the case that the information is provided to a card issuer located outside of Japan, please refer to Section 5.9 regarding the information for that third party.
1. name of card holder
2. name of buyer
3. address of buyer
4. zip code of buyer
5. name of delivery destination
6. address of delivery destination
7. zip code of delivery destination
8. phone number of buyer
9. email address of buyer
10. user agent, IP address, screen size and other Users’ web-browser information
11. date of account registration for the Services, date and time of purchase, number of purchases and other information relating to viewing the Services

The Company may correspond to the inspections carried out by the settlement substituting companies in accordance with Installment Sales Act and provide the following information of a User as a seller of goods or services on the Services to the settlement substituting companies: the date of application for such sales, company name, postal codes, address, phone number, industry types, the name and birth date of the representative of such company, the name, phone number and address of shops relevant to such transaction, the URL for the websites of such shops, industry types, the goods or services sold at such shops, the corporate number and classification (corporation or individual). Such Personal Information may be provided to Certified Installment Sales Associations prescribed in Installment Sales Act and may be jointly used by member companies of merchants’ data exchange systems of such Associations, in order to, for the purpose of protection of consumers, collect information on claims concerning usage of cards from consumers and information on malicious transactions, and in order to take measures to prevent illegal use of cards, etc.

Company may provide the User Information specified below that constitutes Personal Information to third parties via the Individual Services indicated below.

-LIVE WOO

- 1. In cases where provision of User information is required by a court, administrative agency, supervisory authority, or other public agency;
  2. In cases where a member causes inconvenience to third parties and Company determines that disclosure is necessary to resolve the matter;
  3. In cases where Company determines that the disclosure of information is necessary to protect the rights and interests of Users of the Services and third parties; and
  4. In cases where Company otherwise determines that disclosure is necessary for maintenance of the Services. In cases where the Company determines that it is necessary for provision of the Services. In cases where transactions are conducted on the Services in particular, the delivery address of the purchaser-customer will be disclosed to the Shop Owner. Information of parties to transactions that is disclosed shall be used only for the relevant transaction, and such information shall not be disclosed to third parties without the purchaser-User’s prior consent;

In the cases set forth in the following items, Company may provide User Information that constitutes Personal Information without the User’s consent pursuant to Article 27, Paragraph 5 of the Act on the Protection of Personal Information.
1. In cases where operations are entrusted in whole or in part to service providers which Company has found to be sufficiently reliable, including sole proprietor, and with which Company has entered into personal information confidentiality agreements in order to process User Information, provide information to Users, administer campaign questionnaires, and so on and in other cases where Company outsources a portion of the Services and provides User Information to the extent necessary for performance of the outsourced services;
2. In cases where the Personal Information of Users who use fee-based services or purchase the Products is entrusted by Company to trustees such as settlement substituting companies etc., including those in Japan and foreign countries, for the purpose of billing Users who use the fee-based services or purchase the Products;
3. In cases where the Personal Information of Users is provided to card issuers, merchant agreement companies, or settlement substituting companies, including those in Japan and foreign countries, in order to detect or prevent unauthorized use of cards on the Services;
4. In cases where items delivered to Users are entrusted to delivery service providers; and
5. In cases where Company’s business is assumed pursuant to a business transfer or the like.

The company may tabulate and analyze Personal Information of individuals, process that information in formats that do not allow for the identification of individuals, and disclose statistical data relating to that information for the purpose of providing statistical data to third parties.

To measure the frequency of use of the Services for the purposes of making improvements to the Services, Company uses external services to collect anonymous traffic data. Individual users cannot be identified through this conduct. The detailed policy is outlined in “Article 14. Use of cookies”.

To create anonymously processed information, Company will:
1. Anonymize appropriately based on laws and regulations
2. Take security control measure based on laws and regulations to prevent information leakage of data and procedure of anonymizing
3. To announce item of information included in the anonymously processed information based on laws and regulations
4. To not attempt actions that lead to recognition of the individual of the information used to create anonymized data
5. When providing anonymously processed information to a third party, to announce the item of information included in the anonymously processed information and procedures to providing, as well as specifying to the third party that the data is anonymized.

Article 6. Information which Users input on the relevant screens on the Services when Users use settlement by cards

The Company shall not acquire the information of cards including full digits of cards, which Users input on the relevant screens on the Services in case of settlement by cards, while the settlement substituting companies shall acquire such information directly from Users and register it on the relevant systems of such companies.

In cases where illegal payment or other fraud etc. using cards concerning the Services, the Company may switch the settlement substitute system by a settlement substituting company to another system by another company in order to secure the environment for the safe settlement by Users’ cards. In such cases of switching, for the purpose of securing the environment in which Users continue to use card settlement, the settlement substituting company to be switched and replaced may provide the cards information set forth in the previous paragraph 1 to the settlement substituting company to be newly entrusted by the Company.

Article 7. Disclosure, Correction, etc.

Users may request that Company disclose the Personal Information in its possession in accordance with the procedures specified separately by Company; provided, however, that this shall not apply in the cases specified in the following items.
- Procedure
1. In cases where Company is unable to confirm the identity of a User making such request;
2. In cases where there is a likelihood of harm to the life, body, property, or other interests of the User or a third party;
3. In cases where there is a likelihood of substantial impediment to the proper execution of Company’s business operations; and
4. In cases where disclosure would be contrary to laws and regulations.

In the case where the Personal Information of a User in Company’s possession is not factually correct, the User may request correction, supplementation, or deletion (“Correction etc.”) of the particulars of the relevant information in accordance with the procedures specified separately by Company. In such cases, Company shall without delay perform necessary investigations to the extent necessary to achieve the objectives of use of the relevant Personal Information and, on the basis of the results, shall Correct etc. the particulars of the Personal Information.

When performing the disclosure procedures specified in Paragraph 1, Company may request submission of the User’s personal identification documents to the extent necessary to confirm that the request for the disclosure of Personal Information is from the Users whom that information concerns.

Article 8. Personal Information Necessary for Account Maintenance

In the case where a User does not consent to the provision of an email address and other Personal Information necessary for maintenance of a User account on the Services or for use of the Services, the User cannot use the Services.

Article 9. Deletion of Service Accounts

In the case where a User deletes a Service account, Company shall properly process the User Information of the User in accordance with the Terms of Use, incidental agreements, and this Privacy Policy.

Article 10. Disclaimers

Company shall not bear any liability whatsoever in relation to the acquisition of Personal Information by third parties in the following cases.

In cases where a User itself disclosed Personal Information to a third party using the functions of the Services or otherwise;

In cases where a User identified himself or herself by inputting information or the like on Services;

In the case where a User registers or applies for or orders the Services using a browser not compatible with transport layer security (TLS) or provides User Information by email or postal mail and a third party not under Company’s management accesses or steals that information during the process of delivery to Company; and

In the case where a User or third party incurs damage as a result of improper conduct by unauthorized access or others despite the implementation of security measures by the Company.

In cases where a User used the Service with third party apps that are not recommended by the Company.

Article 11. Access from Overseas

Please refrain from accessing the Websites from countries or regions where the use, management, and operational methods of the Services or the content posted on the Services is unlawful or improper.

Article 12. Revision

This Privacy Policy is subject to revision. When revising this Privacy Policy, Company shall disclose the revised policy by means specified separately by Company and shall provide notice to the effect that this Privacy Policy was revised by the method specified by Company.

Article 13. Inquiries

Except in cases where there is a likelihood of impediment to the proper execution of Company’s business operations, Company shall maintain a condition whereby only the persons whom Personal Information concerns are able to learn Personal Information in Company’s possession. Please use the method designated by Company to confirm, correct, or delete the particulars of that information.

Inquiries, complaints, and consultations regarding the disclosure of Personal Information and its correction or deletion from the persons whom the Personal Information concerns and inquiries regarding this Privacy Policy can be made using the following email form.
https://www.PixelSurf.net/support.php

Article 14. Use of cookies

The Company may use cookies and other similar technology (hereafter referred to as “cookies, etc.”) on our Services in order to gather specific information to improve the usability of the Services for our Users, maintain and improve the quality of the Services, analyze usage patterns on our Services, and other purposes.
By using our Services, Users are considered to have consented to the following.

<Use of cookies, etc. for verification purposes>

Our Services use cookies for automated account verification. By logging in using a personal PixelSurf account, Users can browse different pages and use the Services without having to enter their account information a second time.

<Use of cookies, etc. for service improvement and analysis purposes>

The Company collects data such as IP addresses, access history, device and app information, network information, etc. and submits it to a data analysis services company for the purpose of improving user experience on our Sites and maintaining and improving the quality of our Services.

If you would like to opt out of this data collection, please check the opt-out page on the relevant company site and “15. Opting out of cookies, etc.” for more information about opting out of cookies.

<Use of cookies for advertising purposes>

In order to optimize the distribution of advertising on our Services, the Company analyzes user activity on our Services using cookies, advertising identifiers, hashed user information, access histories, device and app information, network information, and others. This information may be used to help the Company distribute targeted advertising that is more relevant to the interests of our Users.

In addition, the Services may distribute targeted advertising from the servers of a targeted advertising provider under contract with the Company that uses cookies or other advertising identifiers. Any data automatically acquired by such targeted advertising will be recorded on the advertising provider’s servers and managed according to the advertising provider’s privacy policy.

To learn more about the privacy policies and opt-out procedures for each company, please check the pages below.

<Use of cookies, etc. to conduct surveys>

When surveys are conducted on the Services, cookies, etc. that do not contain personal information are sent to the survey service provider.
If you would like to opt out of this data collection, please check the opt-out page on the relevant company site and “15. Opting out of cookies, etc.” for more information about opting out of cookies.

<About the use of Google Analytics>

Many of the Company’s web pages use the Google Analytics service, provided by Google Inc., in order to gather data about User activity on the Company’s sites. On Company pages that use Google Analytics, a cookie issued by the Company is used by Google Inc. to gather, record, and analyze data on User site access history. The Company receives the results of these analyses from Google Inc. to gain an understanding of User visits to the site in question. User data gathered, recorded, and analyzed by Google Analytics does not contain any identifying information about specific Users, and does not fall under personal information protected by law. In addition, the information is managed according to Google Inc.’s Privacy Policy.

Users who install the Google Analytics blocker add-on in their browsers can disable the Company’s access to user information gathered for use by Google Analytics. To disable Google Analytics, Users can download and install the “Google Analytics Opt-out Browser Add-on” from the Opt-Out Add-on download page provided by Google Inc., then change their browser settings to enable the add-on. Users who disable Google Analytics also disable the use of Google Analytics on other sites they visit. However, Users may re-enable Google Analytics by changing the add-on settings in their browsers. To learn more about the Google Analytics Terms of Use, please check the Google Analytics site. To learn more about Google Inc.’s Privacy Policy, please check the Google Inc. site.

Google Analytics Terms of Use:
https://marketingplatform.google.com/about/analytics/terms/us/

Google Privacy Policy:
https://policies.google.com/privacy

Google Analytics Opt-out Browser Add-on:
https://tools.google.com/dlpage/gaoptout

<Use of reCAPTCHA Enterprise>

To protect against spam on our web forms, etc., the Services use the reCAPTCHA Enterprise service provided by Google Inc. The purpose of this service is to distinguish whether a given user is a human being or a robot, and Google gathers various data for this service, including IP addresses. Futhermore, input data is used by Google for the purpose of this service. However, IP addresses in the European Union and European Economic Zone are anonymized before being collected. In the US, IP addresses are anonymized after they are sent to Google.

Google uses information gathered on behalf of the Company in order to evaluate the use of this service by Users. IP addresses gathered by reCAPTCHA Enterprise from Users’ browsers are not associated with other data stored by Google. Data collection is implemented according to Google’s Data Protection Regulation.

For details on Google’s Privacy Policy, please check the URL below.

https://policies.google.com/privacy

Article 15. Opting out of cookies, etc.

Users may be able to disable cookies at their discretion using the procedures below. Please follow the procedures below to disable cookies.

(1) Disabling cookies

By adjusting their browser settings, users can disable all cookies. However, disabling cookies may prevent the User from being able to access certain features on the Services. Thank you for your understanding.

To learn more about how to disable cookies on major browsers, please check the relevant link in “14. Use of cookies” or refer to the URLs below.

Disable targeted advertising on pixiv
https://www.PixelSurf.net/contact/

Disable ads with DDAI (Data Driven Advertising Initiative)
https://www.ddai.info/optout

Disable ads with YourAdChoices
http://www.aboutads.info/choices

(2) Disabling web beacons

Any web beacons included in the Services can also be disabled by the cookie disabling methods listed above. Web beacons included in direct messages or e-mails may be disabled by deactivating downloads of images contained in e-mails. However, this method depends on the e-mail software employed by the User, and may not disable all web beacons. In this case, Users are asked to unsubscribe from newsletters or use the blocking feature to prevent the receival of newsletter emails.

(3) Disabling cookie, etc. information in the iOS app (disabling targeted ads)

Refer to the procedure in the URL below to disable personalized ads delivered by Apple.

https://support.apple.com/ja-jp/HT202074

(4) Advertising ID management methods in the Android app

Google Play has introduced advertising IDs for apps, to allow Google users to control settings related to advertising. Please check the link below to learn more.

https://support.google.com/googleplay/answer/3405269

Article 16. Personal Information Handling Business Operator

2029 Century park East 411 n Suite
Los Angeles, CA 90067.

pixel Surf Inc.

Supplementary provision

These individual terms will come into effect on Jun 22, 2023.

This Privacy Policy also applies to any actions you have taken prior to the enforcement of This Privacy Policy.

Revision History

Revision Year	Content of revision
2024	Upcoming revision
2022	Revised “procedures and methods” for “Article 3. Information the Company acquires and purposes of use”, “Article 5. Provision of Personal Information to third parties, etc.”, “Article 6. Information input by Users for the purposes of credit card payments on the Services”, and “Article 7. Disclosure, Correction. “Article 14. Use of cookies, advertising identifiers, ID solutions, etc.”. Revised “Article 14. Use of cookies, advertising identifiers, ID solutions, etc.”.
2021	To optimize payment options and advertising distribution, revised and added elements to the following: “Article 3. Information the Company acquires and purposes of use”, “Article 5. Provision of Personal Information to third parties.”, “Article 6. Information input by Users for the purposes of credit card payments on the Services”, “13. Use of cookies, advertising identifiers, ID solutions, etc.”, and “Article 17. Personal Information Handling Business Operator”.


2020	Updated usage status verification and service improvement inquiries related to the use of reCAPTCHA by adding reCAPTCHA to “Article 13. Use of cookies, advertising identifiers, ID solutions, etc.”.
2018	Updated company information in accordance with the addition of company advertising: addition of company name and link to company advertisements falling under “Article 13. Use of cookies, advertising identifiers, ID solutions, etc.”.
2018	In accordance with the enactment of the European Union General Data Protection Regulation (GDPR), revised “Article 13. Use of cookies, advertising identifiers, ID solutions, etc.” to give a clearer explanation of the purpose of data use (login, usage status, advertising, etc.) and more clearly explain data use methods, invalidation procedures, etc.

Individual Terms of Use

Requests Feature Individual Terms of Service Article 1: Introduction

These Requests Feature Individual Terms of Service (“Individual Terms”) apply to all acts when Users use the “Requests” feature (“Individual Feature”) on the “pixel Surf” Services provided by the Company.

These Individual Terms set forth the conditions of use of the Individual Feature.

Users shall consent to these Individual Terms before using the Individual Feature in accordance herewith. By using the Individual Feature, Users will be deemed to have consented to all particulars set forth herein.

Article 2: Definitions

The terms used herein shall have the meanings ascribed to them in their respective items below. Moreover, any defined terms herein other than those set forth in the following items shall have the definitions ascribed to them in the Master Terms of Use, unless specifically noted otherwise.

“Site” means the website entitled “Pixel Surf ” (PC site –https://www.pixielsurf .net/), which is operated by the Company. “Individual Feature” (“pixiel Surf Requests Feature”) means a feature in which Users may use by the following procedures specified on the Site. Creators may make “Plans” set forth in the item (3) of this Article 2 and receive the requests from “Fans” set forth in the item (5) of this Article 2 for the creation of content in accordance with the Plans (“Requests”); Fans may send the Requests to Creators for the creation of content in accordance with the Plans produced by such Creators; and After the acceptance of the Request, the Creators create the content in accordance with the conditions based on the Plans and the Request and provide the same to the relevant Fans in exchange for compensation. “Plan” means conditions applicable when Creators receive creation requests such as “create illustration” or “create novel” using the pixel Surf Requests Feature, and includes the following information. Type of work (illustration, novel, etc.); Reference Price (defined in Article 4, Paragraph 1); and Specific genres available, etc. “Creator” means any User that uses the pixel Surf Requests Feature to create a Plan that is open for Requests. “Fan” means any User that uses the Pixel Surf Requests Feature to send a Request to a Creator or engage in Co-requesting. “Request Acceptance” or “Accept a Request” means a Creator’s acceptance of a Request from a Fan. “Cancel” means retraction by a Fan of the transmission of a Request before the relevant Creator Accepts such Request. “Request Reward” means content created by a Creator in accordance with a sales contract or the other agreement formed between such Creator and a Fan with respect to a Plan (“Request Agreement”). “Co-requesting” means entry into a Request Agreement in regard to a Plan subject to an already-formed Request Agreement, by a User other than the Fan of such already-formed agreement. “Sale Proceeds” means money serving as consideration for a Request Reward, which is to be paid to a Creator by a Fan under a Request Agreement.

Article 3: Creation of Plans

When creating Plans, Creators shall specify the matters indicated below by Company-prescribed method. Creators will be obligated to create Plans with content in conformity with these Individual Terms and the Pixel Surf Guidelines, and if the Company determines that any breach whatsoever has occurred, the Company will be entitled to take any action it deems necessary, including termination of relevant Plans. Except where explicitly specified otherwise, the Company will bear no liability whatsoever for any damage suffered by a Creator in connection with such action.

Creation of Multiple Plans

Price settings for creation of multiple

Plans and for each Plan; and

Particulars of Request Rewards to be provided to Fans in accordance with each Plan.

Article 4: Setting of Sale Proceeds

Creators will be entitled to set reference prices for the Sale Proceeds for Request Rewards (“Reference Prices”). Creators shall be entitled to determine Reference Prices as they see fit, within a price range designated by the Company.

Fans (excluding Co-requesting Fans) shall be entitled to set Sale Prices as they see fit within the price range designated by the Company, and the price set by a Fan (“Set Price”) shall be the Sale Proceeds of the relevant Request Agreement formed in accordance with Article 5.

The Set Price as stipulated in the preceding paragraph shall be the Sale Proceeds for any Users Co-requesting on a given Request Agreement.

Article 5: Formation of Request Agreements

Fans will be entitled to transmit Requests to Creators by Company-prescribed method. When transmitting Requests, Fans will be obligated to pay Creators an advance for compensation payment arising when the relevant Request Agreements have been formed pursuant to such Requests subject to the condition that the advance will be refunded if the Request Agreements have not been formed, and the Company will confirm that such Fans have capacity to make payments equivalent to the Sale Proceeds by collecting a credit using a prescribed payment settlement method.

When a Creator has Accepted a Request from a Fan by Company-prescribed method as specified in the preceding paragraph, a Request Agreement shall be formed as a two-party agreement between the Creator and the Fan stipulating that the Creator will provide the relevant Request Reward within the extent of the Plan set by such Creator, and that the Fan will pay the Sale Proceeds as consideration for such provision. The Company receives the Sale Proceeds paid by Fans to Creators on behalf of Creators and the payment obligation for the Sale Proceeds of the Fans under Request Agreement shall extinguish upon receipt of the Sale Proceeds from the Fans by the Company or the third party specified by the Company in accordance with Article 8, Paragraph 1. Creators will be entitled to determine the content of Request Rewards at their discretion, as long as such determinations are within the extent of the Plans set by such Creators in applicable Request Agreements.

Fans other than the Fans that are parties of completed Request Agreements can also make Requests in respect of the Plans of such completed Request Agreements, by Co-requesting. When the relevant Creator has Accepted such new Requests, Request Agreements shall be formed individually between the Creator and each Fan that has made such a Request; provided, however, that Co-requesting will be possible only if all of the following conditions are satisfied.
1. The total Sale Proceeds for the completed Request Agreement are no more than one million yen; and
2. Co-requesting on the completed Request Agreement will not result in the total of the Sale Proceeds for the completed Request Agreement and all Sale Proceeds increases due to such Co-requesting rising over one million yen.

Request Agreements are agreements executed between Fans and Creators, and the Company will not be a party to Request Agreements or be liable therefor; provided, however, that the Company will have the right, as the entity providing the venue for execution of Request Agreements, to take appropriate measures vis a vis Fans or Creators in relation to Request Agreements, within the extent explicitly specified herein.

Article 6: Performance of Request Agreements, Permissibility of Cooling Off, etc.

If a Request Agreement has been formed, the relevant Fan will not be entitled to demand refunds of any Sale Proceeds already paid, except where explicitly specified otherwise. Sale Proceeds are not eligible for cooling off and cannot be refunded pursuant thereto.
- *Cooling off is a system enabling unconditional withdrawal of agreement applications or termination of agreements, for a certain period after application for or execution of an agreement. However, online sales are outside the scope of such systems, and cooling off systems thus cannot be used for Request Agreements as in Paragraph 1 of this article.

A Fan will not be entitled to Cancel or refund any already-paid Sale Proceeds for reason of the particulars of the Request Reward provided by a Creator; provided, however, that if the Creator has not provided the Request Reward in accordance with the relevant Plan, or if there is noncompliance with the agreement in formal terms (e.g., if there is an error in the file format provided by the Creator, if the Fan cannot download the Reward), the Fan shall be entitled to contact the Company about such matter using the “Inquiry Form” on the Site. If the Company has considered such communication from the Fan and determined that the Fan’s claims are reasonable, the Company will be entitled, but not obligated, to instruct the Creator to make corrections, refund the Sale Proceeds, or take other such action. In such case, the Fan and the Creator shall act in accordance with the Company’s instructions, and except where explicitly specified otherwise, the Company will bear no liability for any damage etc. arising due to any decision or action by the Company.

Creators shall comply with the Act against Unjustifiable Premiums and Misleading Representations, the Act on Specified Commercial Transactions, and other related laws and regulations. In addition, where required under the Act on Specified Commercial Transactions, subject Creators shall make appropriate notations on the Site as required under the Act on Specified Commercial Transactions.
- To determine whether a notation under the Act on Specified Commercial Transactions is required, please refer to the “Guidelines related to ‘Sellers’ in Internet Auctions” on the website of the Consumer Affairs Agency, and other such resources.https://www.no-trouble.caa.go.jp/what/mailorder/

Creators shall have fully performed their obligations to provide Request Rewards when they provide such Request Rewards to Fans in accordance with Request Agreements. The acceptance of new Co-requesting shall also terminate at such time. Payment to Creators of Sale Proceeds that the Company has received from Fans on behalf of Creators shall be as specified in Article 8.

Article 7: Deletion or Termination of Requests

A Fan will be entitled to rescind the transmission of Requests by Company-prescribed procedures if the relevant Creator has not yet Accepted such Request.

A Request will be retracted automatically if seven days have passed from the date of transmission of such Request without the relevant Creator Accepting such Request. All Sale Proceeds advances received by the Company will be refunded to the relevant Fan.

If, after the formation of a Request Agreement, 60 days have passed from the date of transmission of a Request without the relevant Creator providing the Request Reward to the Fan, such Request Agreement will be deemed terminated, and all Sale Proceeds received by the Company will be refunded to such Fan.

The following items shall apply in the case where a Creator account has been deleted.
1. If account deletion occurred before the formation of a Request Agreement (before Request Acceptance), the Plan set by the relevant Creator will be deemed to have been retracted, and will be deleted.
2. If account deletion occurred after the formation of a Request Agreement (after Request Acceptance) but before full provision of the Request Reward, all Sale Proceeds paid shall be refunded to the relevant Fan.

The following items shall apply in the case where a Fan account has been deleted.
1. If account deletion occurred before the formation of a Request Agreement (before Request Acceptance), the Fan will be deemed to have retracted the relevant Request.
2. If account deletion occurred after the formation of a Request Agreement (after Request Acceptance) but before full provision of the Request Reward, the Fan is deemed to have waived the right to receive the Request Reward under such Request Agreement. No Sale Proceeds will be refunded to the Fan in such case.

The Company will be entitled to terminate Request Agreements before full provision of the relevant Request Rewards if it determines that a prohibited act as set forth in Article 13 has been committed. All Sale Proceeds received by the Company in connection with such Request Agreements will be refunded to the Fans of such Request Agreements.

Article 7: Deletion or Termination of Requests

A Fan will be entitled to rescind the transmission of Requests by Company-prescribed procedures if the relevant Creator has not yet Accepted such Request.

A Request will be retracted automatically if seven days have passed from the date of transmission of such Request without the relevant Creator Accepting such Request. All Sale Proceeds advances received by the Company will be refunded to the relevant Fan.

If, after the formation of a Request Agreement, 60 days have passed from the date of transmission of a Request without the relevant Creator providing the Request Reward to the Fan, such Request Agreement will be deemed terminated, and all Sale Proceeds received by the Company will be refunded to such Fan.

The following items shall apply in the case where a Creator account has been deleted.
1. If account deletion occurred before the formation of a Request Agreement (before Request Acceptance), the Plan set by the relevant Creator will be deemed to have been retracted, and will be deleted.
2. If account deletion occurred after the formation of a Request Agreement (after Request Acceptance) but before full provision of the Request Reward, all Sale Proceeds paid shall be refunded to the relevant Fan.

The following items shall apply in the case where a Fan account has been deleted.
1. If account deletion occurred before the formation of a Request Agreement (before Request Acceptance), the Fan will be deemed to have retracted the relevant Request.
2. If account deletion occurred after the formation of a Request Agreement (after Request Acceptance) but before full provision of the Request Reward, the Fan is deemed to have waived the right to receive the Request Reward under such Request Agreement. No Sale Proceeds will be refunded to the Fan in such case.

The Company will be entitled to terminate Request Agreements before full provision of the relevant Request Rewards if it determines that a prohibited act as set forth in Article 13 has been committed. All Sale Proceeds received by the Company in connection with such Request Agreements will be refunded to the Fans of such Request Agreements.

Article 8: Payment of Sale Proceeds to Creators

Creators shall grant in advance to the Company the legal right to receive the Sale Proceeds paid by Fans to Creators on behalf of Creators and the authority to grant such proxy receipt authority to a third party specified by the Company.

When the total balance of Sale Proceeds is 1,000 dlls or greater, such balance shall be automatically paid to the relevant Creator on a monthly basis in accordance with this article (“Automatic Payment”). When the total balance of Sale Proceeds is less than 100 dlls , the Creator will be entitled to demand payment of such Sale Proceeds by making a request for remittance of Sale Proceeds (“Remittance Request”) .

When paying Sale Proceeds as specified in the preceding paragraph, the Company shall subtract the Platform Fee (defined in Item (1) below) from the relevant Creator’s Sale Proceeds (the amount thereby calculated is hereinafter the “Received Amount”), subtract from the Received Amount a Remittance Fee (defined in Item (2) below), and pay the Creator the resulting amount, in accordance with the provisions of Paragraph 7, by remittance to a remittance destination determined in accordance with this article; provided, however, that unless otherwise specified, the remittance destination shall be a bank account or PayPal account registered by the Creator as of the 19th of the month in which remittance will be carried out.
- ^*In situations where the Received Amount is high, the remittance destination shall be determined by the first business day of the month of when the remittance will be done.
1. The Platform Fee shall be an amount equivalent to 10% of the Sale Proceeds (including consumption tax equivalent, and rounding off fractions to the nearest whole number).

The amount remitted for a single Remittance Request shall not exceed 10,000.

If, in the case where a Sale Proceeds balance is less than 1,000 dlls, the relevant Creator has not made a Remittance Request by the last day of the month preceding the month marking the passage of 180 days from the Request transmission date (if there is Co-requesting, then the date of transmission of the original Request), the Company shall pay such balance to a bank account designated in advance by such Creator. Cases of flawed account information etc. shall be handled in accordance with the terms of Article 9.

No interest shall accrue for the period from receipt of Sale Proceeds by the Company or a third party designated by the Company until payment by the Company to the relevant Creator.

When the setting for the Automatic Payment is valid, or when a Creator has made a Remittance Request, the Company shall remit the Received Amount as of the last day of the preceding month within five business days of the 20th of the month immediately following the month in which the balance of the Received Amount subject to the Automatic Payment existed or in which the Remittance Request was made (“Remittance Period”);

Received Amounts shall include consumption tax equivalents for the prices of any Request Rewards sold.

When a payment date falls on a non-work day of the Company or a relevant financial institution, the Company shall make remittance within five business days of the business day immediately following such payment date.

When due to a Company system failure or other such cause there has been overpayment to a Creator of an amount for remittance, the Creator will be obligated to immediately return the amount of such overpayment to the Company regardless of reason.

In the case where doubts have arisen as to Creator’s rights etc. related to a Request Reward, or where it is determined that a problem arising between a Creator and a Fan as a result of an inquiry from a User or the like has not been resolved after a certain period, the Company shall be entitled, at its discretion, to halt any remittance of Received Amounts over which such Creator holds rights; Creators shall consent to the foregoing.

When a Creator has resigned membership and there are Received Amounts still unpaid to such Creator, the Company shall subtract the Remittance Fee from the total of such Received Amounts, and thereupon shall remit the Received Amounts to an account designated by the Creator within five business days of the 20th of the month immediately following the month containing the date of membership resignation, or the 20th of the month immediately following such immediately following month; provided, however, that if the unpaid Received Amount is less than the Remittance Fee, the Company shall make no payment to the Creator.

Article 9: Flaws or Errors in Remittance Account Information

In the case where a Creator has made a Remittance Request but the Company has been unable to complete the remittance due to a flaw or error in the remittance account information designated by such Creator, the Company shall be entitled to demand the amount of the reverse transaction fee of such remittance from the Creator. In such case, the Company shall contact the Creator indicating the flaw or error in remittance account information and urging another request for payment.

When the Company has made remittance to a remittance account designated by a Creator pursuant to a Remittance Request by such Creator, the Company will be entitled to deem such payment a payment to the Creator. In such case, the Company will bear no liability in regard to the accuracy of the relevant remittance account information.

When remittance cannot be made by the remittance date specified in Article 8, Paragraph 7 due to a flaw etc. in remittance destination information, the Company shall attempt to remit the Sale Proceeds of the relevant Remittance Request within five business days of the 20th of each month, starting from the month immediately following the month in which the remittance date falls; provided, however, that in the case where the 19th of the month immediately following the month in which a remittance procedure implementation date falls is more than 180 days from the transmission date of the relevant Request, the Company shall not carry out remittance on or after such remittance implementation date, and shall instead act in accordance with the following paragraph.

In the case where remittance cannot be made due to a flaw etc. in remittance destination information and the 19th of the month immediately following the month containing the date such remittance failed to be implemented is more than 180 days from the transmission date of the relevant Request, the relevant Creator will be deemed to have waived the right to receive the amount of such remittance as of the date such remittance failed to be implemented.

Article 10: Responsibilities of Creators

When the Company has indicated that a Request Reward falls under registration-prohibited information as in the pixel surf Guidelines or that a Request Reward is not in conformity with a Request Agreement, the relevant Creator shall, under its own responsibility and cost burden, exchange, repair, delete, alter the scope of public accessibility of, or take other appropriate measures in respect of, the Request Reward.

Creators shall, under their own responsibility and cost burden, manage and retain any posted information constituting the particulars of Plans established by such Creators.

Article 11: Responsibilities of Fans

Fans are not entitled to instruct Creators to redo the creation of Request Rewards, modify or add to the contents of Request Rewards or do any other similar action (Collectively, "Retake") in any methods. Fans are entitled to communicate their desires to Creators only at the time when they transmit their Requests. Otherwise, Fans must not communicate their individual desires on Retake to Creators by using Requests Feature or any other communication tools such as pixiv message feature. Furthermore, Creators shall not bear responsibility to check or correspond to such desires in relation to Request Rewards at the time other than the time of the transmission of such Request Rewards.

Fans are not entitled to have interactions with Creators, in connection with or through use of the Requests Feature, if such interactions are not directly related to the content of Request Rewards of which said Fans have requested creation from such Creators on the Requests Feature.

Fans shall, under their own responsibility and cost burden, manage and retain the posted information for Requests they have transmitted.

Fans shall personally preserve Request Rewards received from Creators, by backing up such Request Rewards as appropriate or by other such method. The Company is not responsible for providing data storage or the like for Request Rewards, and in no way guarantees that data storage or the like will be performed for Request Rewards.

Article 12: Responsibilities of the Company

The Company will bear no liability whatsoever in regard to the conformity with Request Agreements of Request Reward types, quality or quantity, or in regard to the conformity with Request Agreements of rights related to Request Rewards, including the legality of Request Reward ownership, retention, use or the like.

Users shall agree in advance that Request Agreements and Co-requesting agreements will be two-party agreements between Creators and Fans, and shall confirm and agree in advance that the Company will bear no liability whatsoever in regard to the particulars of Request Rewards provided under such agreements.

Article 13: Prohibitions Related to Pixel Surf Requests Feature

Users shall not breach these Individual Terms when using the Pixel Surf Requests Feature.

When using the Pixel Surf Requests Feature, Users shall not register Request Rewards that fall under or may fall under the conduct prohibited under the items of Article 14 of these Individual Terms, or Request Rewards falling under the following.
1. Request Rewards containing information related to FX, stock, virtual currency, crypto asset, or other commercial-use information related to finance, and tools or Request Rewards associated therewith.

Users shall not make public posts falling under any of the following.
1. Violent or atrocious material which will cause strong disgust or distress;
2. Material extolling or promoting extremist views or antisocial acts;
3. Material extolling or promoting discrimination on the basis of race, creed, occupation, sex, religion, or the like;
4. Material extolling or promoting religious cult activity or overbearing political activity;
5. Material in respect of which a third party has claimed rights infringement or the like and the Company, upon examination, has determined that such third party’s claim cannot be considered unreasonable;
6. Material that an official body or expert (e.g., the national government, a local government, a reliability verification organization as set forth in a guideline on the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of the Identification Information of the Senders, an internet hotline, or an attorney) has indicated or opined to be illegal, in violation of public order and morality, an infringement of another person’s rights, or the like;
7. Material that infringes a third party’s rights or falls under Paragraph 1 of this article, and that is deemed, even after consideration of freedom of expression, to be inappropriate for provision on the Pixel Surf Requests Feature; or Material that, other than as in the foregoing, breaches the Master Terms of Use, these Individual Terms, or other guidelines.

When a User has breached even one of the preceding three paragraphs, the Company may revoke such User’s membership, annul the registration of such User’s account, suspend use by such User, terminate Request Agreements with such User prior to completion, halt the acceptance of Co-requesting by such User, terminate, render non-public, or alter the scope of public accessibility of such User’s Requests or uploaded work data in whole or in part, or take other similar action in respect of such User; provided, however, that the Company will not be obligated to take any such action or disclose the reason any such action was taken.

Article 14: Ownership and Licensing of Intellectual Property Rights Related to Request Rewards etc.

All copyrights and other rights to Request Reward information registered using thePixel Surf Requests Feature will belong to the Creator that created or registered such Request Reward. Fans will be entitled to use Request Rewards only for personal amusement and for posting to their own social media accounts with a credit attribution for the relevant Creators.

The Company shall be entitled to use or alter Request Reward information registered by Creators to the extent necessary for the smooth provision of the pixel Surf Requests Feature and the construction, improvement and maintenance of Company systems.

When using Request Reward information in the form specified in the preceding paragraph, the Company shall be entitled to omit some information or a name attribution.

Article 15: Handling of Problems

The Company shall bear no liability whatsoever in regard to, and shall be in no way obligated to respond to, any problems arising between Users or between Users and third parties in connection with the pixel surf Requests Feature, except where explicitly specified otherwise; provided, however, that the Company may conduct contact point operations, such as communicating the particulars of a counterparty’s claim, for Users or third parties if the Company deems such action necessary for the operation of the pixel Surf Requests Feature, that in such cases, the relevant User(s) shall respond in good faith as instructed by the Company and that the Company will be in no way obligated to conduct such contact point operations.

When a third party (including Users for the purposes of this paragraph) has claimed infringement of copyrights or other such rights against the Company in respect of a Request Reward, the Company shall communicate with the User that published the relevant content and shall be entitled to render such content non-public at its discretion.

Article 16: Monitoring of the Requests Feature by the Company

The Company and third parties entrusted by the Company which agreed with the Company to have confidentiality obligation regarding protection of information of Users and operate at the minimum standard required to do the monitoring set forth in this Article are entitled to monitor the Posted Information concerning the Pixel Surf Requests Feature and Request Rewards on the Site by using automatic filtering in order to do the investigations necessary for provision of the Pixel Surf Requests Feature to Users in accordance with these Individual Terms including the following investigations: the investigation on whether any Posted Information has been posted or transmitted on the Site in violation of these Individual Terms, whether any Request Reward has been provided in violation of these Individual Terms or whether Creators and Fans comply with laws and regulations. When a breach on any of these Individual Terms is confirmed by the Company through the monitoring, the Company may take any of the actions prescribed in the paragraph 4 of the Article 13 such as termination of Request Agreements. The information obtained by the Company or such third parties shall be used for one year on and after the time of transmission of each Request relevant to the information.
Please be advised that the enquiries on the information obtained for the purpose above shall be sent to pixelsurf contact infromation.

Supplemental Provisions

These Individual Terms come into effect on July 30, 2023.

Service Master Terms of Use

Article 1. Introduction

Article 3. Definitions

Article 5. Handling of Personal Information

Article 6. Confidentiality of Communications

Article 9. Change of Registered Information

Article 10. Control etc. of Registered Email Address, ID, and Password

Article 11. Account Possession

Article 12. Use Environment

Article 13. User Responsibilities

Article 14. Prohibited Conduct

Article 15. Responses to Violation etc. and Cancellation of Registration

Article 16. Cancellation of Registration

Article 17. Authority to Delete Posted Information

Article 18. Procedures in Cases of Copyright Infringement

Article 19. Use Fees

Article 20. Warranties and Duties Relating to Posted Information

Article 21. Ownership and Licensing of Intellectual Property Rights

Article 21-2. Use of Posted Information on pixelSurf Encyclopedia

Article 21-3. Original work and translation in the translation function

Article 23. Monitoring Operations

Article 24. Disclaimers

Article 25. Exclusion of Anti-Social Forces

Article 26. Links to External Sites

Article 27. Notices and Communications

Article 27-2 Handling of Fan Letters etc.

Article 28. Effectiveness of these Terms of Use

Article 29. Assignment of Business, etc.

Article 30. Governing Law and Court of Competent Jurisdiction

Supplementary Provisions

Revisions

Privacy Policy

PRIVACY POLICY

Article 1. Definitions

Article 2. Methods of acquiring Personal Information

Article 3. Information Company acquires and purposes of use (according to each Service)

Time of acquisition

Payment related information

a For payment by cards

b For payment via convenience stores, bank transfer and Pay-easy

c For payment via Alipay

d For payment via Rakuten pay

e For payment via bank accounts

For payment via PayPal

For payment by electronic money (Webmoney or Bitcash)

For payment via Google Play

For payment via App Store

For payment via the payment services to which Installment Sales Act applies (followings are applicable to such services in common)

Time of acquisition

Purpose of use

PURPOSE OF USE

Time of acquisition

Purpose of use

Time of acquisition

Purpose of use

Purpose of use

Time of acquisition

Purpose of use

Time of acquisition

Purpose of use

Time of acquisition

Purpose of use

Time of acquisition

Purpose of use

Time of acquisition

Purpose of use

Time of acquisition

Purpose of use

Time of acquisition

Purpose of use

Article 4. Restrictions on Use of Personal Information

Article 5. Provision of Personal Information to third parties, etc.

PURPOSE OF USE

Time of acquisition

Purpose of use

Article 4. Restrictions on Use of Personal Information

Article 5. Provision of Personal Information to third parties, etc.

Article 6. Information which Users input on the relevant screens on the Services when Users use settlement by cards

Article 7. Disclosure, Correction, etc.

Article 8. Personal Information Necessary for Account Maintenance