PicoPico Terms of Use

Updated in 7 November 2020

These Terms of Use set forth the conditions for use of the PicoPico retro game platform (hereinafter referred to as the "Service") operated by D4Enterprise Co., Ltd. (the "Operator") and the PicoPico smartphone application for use of the Service (the "App"). Persons who use the Service ("Users") shall do so in accordance with these Terms of Use.

If a User is a minor, such user is requested to have a person with parental rights confirm these Terms of Use and to obtain such person's consent before using the Service. Minors who use the Service shall be deemed to be using it having first obtained the consent of a person with parental rights as specified above. In the case where there are mandatory provisions restricting use of the Service by individuals under the age of 13 years in the User's country of residence, however, such minors may not use the Service, notwithstanding the above provisions.

Article 1: Application

These Terms of Use apply to all relationships between Users and the Operator relating to the use of the Service.

Article 2: Registration

Users shall request registration by launching the App, and registration for use of the Service shall be completed when the Operator approves the registration.
If the Operator determines that any of the following grounds apply to a User who requested registration, the Operator may reject the request for registration. The Operator shall not bear any duty whatsoever to disclose the reason.
1. If the request is from a User who violated these Terms of Use;
2. If the User is a minor, adult ward, person under curatorship, or person under assistance (because of limited competence) and consent is not obtained from the User's legal representative, guardian, curator, or assistant;
3. If the Operator determines that the User is part of an anti-social force or the like (such as an organized crime group, organized crime group member, extreme right-wing organization, anti-social force, or other comparable person), or has interaction with or is involved in anti-social forces such as cooperating with or participating in the maintenance, operation, or management of the like through the provision of funds or otherwise; or
4. If the Operator otherwise determines that the registration would not be appropriate.
By agreeing to these terms and conditions, the Operator may collect the following personal information:

User IDs, authentication codes, and IP addresses for server access.
External account information to the extent that external account ties (OAuth) are authorized.
AppleID to be linked with Sign in with Apple.
Individual identification and location information of the device.

The Operator may use the personal information collected from users for the following purposes:

Registration procedures and provision of services for various services.
Confirmation of orders for products and paid services, payment and delivery of products.
In cases where the Operator provides the service jointly with a partner company and the user uses the service, the minimum user information required to provide the service is provided to the partner company.
Receiving, researching and answering questions from users.
Maintenance, important notices, and other necessary information.
Marketing research, planning and research and development.
Development of new products and services.
Customize the ads and content that users see on the service for each user.
Understanding and Analysis of Usage.
Aggregate personal information to create statistical data that cannot be used to identify individuals, to develop new products and services, to improve the quality of the Company's services, and to conduct joint research with business partners.
Identify the person who violates the Terms of Service and refuse to use the service.
To contact you about the use of content you have uploaded to the Service.

As required by law, the Operator may disclose personal information to public authorities in law enforcement matters in response to legal requirements, court orders, or requests from governmental or law enforcement agencies. In addition, where permitted by law, the Operator may also disclose personal information to third parties, including legal counsel, to establish, sue or defend against legal claims or, where necessary, to enforce rights, protect the Company's property or the rights, property or safety of others, or to support external audits, compliance and corporate governance functions. Information shall be disclosed.
The Operator shall delete all personal information data held by the user on the server upon request of the user to delete their account information. The user agrees that the deleted personal data cannot be recovered.

Article 3: Management of User ID, etc.

Users shall manage their User IDs and authentication codes for the Service stored on user devices on their own responsibility.
Users may not, under any circumstances, transfer or lend their User IDs and authentication codes to third parties. If a User incurs damage as a result of transferring or lending to, or allowing use by, a third party, the Operator shall not bear any liability whatsoever. Further, in the case where the combination of a User ID and authentication code matches registered information, the Operator shall deem the use to be by the User to whom the relevant User ID is registered, and even if a third party improperly uses a User ID and authentication code, the User shall bear all responsibility for any damage incurred.
Users shall be able to continue the use of their User IDs and authentication codes for the Service on another device by using the external account linking function of this App.

Article 4: Recommended Environment

Use of the Service under an environment other than that recommended by the Operator may result in the inability to use all or part of the Service provided by the App, depending on the device used (including smartphones and tablets). Please note that there is no guarantee of operation under an environment other than the recommended environment specified by the Operator. Further, the Operator may change the recommended environment without prior notice.
Users shall secure a device necessary for use of the Service and the recommended environment at their own expense and on their own responsibility, and place such device in a state in which the Service can be used. Further, Users shall connect to the App via the telecommunications service of their choice at their own expense and on their own responsibility.

Article 5: Handling of Personal Information

All handling of User personal information acquired by the Operator when Users use the Service shall comply with the Basic Policy on Personal Information Protection established by the Operator.

Article 6: Usage Fees and Methods of Payment

The App includes fee-based services.
When using a fee-based service, it is necessary to pay the unit price displayed on the App (hereinafter referred to as the "Purchase Fees").
- If Google Pay is used:
  The Purchase Fees shall be paid from Google Pay.
  Users shall perform the payment procedures for fee-based services in compliance with the terms of use, rules, and so on specified by Google Pay. The Operator shall not participate at all in the use of Google Pay by Users, and all uncertainties regarding payment procedures shall be resolved by Users with Google Pay (Google Inc. or other operator of Google Pay).
- If the App Store is used:
  The Purchase Fees shall be paid from the App Store.
  Users shall perform the payment procedures for fee-based services in compliance with the terms of use, rules, and so on specified by the App Store. The Operator shall not participate at all in the use of the App Store by Users, and all uncertainties regarding payment procedures shall be resolved by Users with the App Store (Apple Inc. or other operator of the App Store).
Use of the Service incurs telecommunications fees in addition to the fee-based services.
The Operator shall not refund previously paid Purchase Fees for any reason.

Article 7: Prohibitions

When using the Service, Users may not engage in the following conduct. If the Operator determines that a User has engaged in prohibited conduct, the Operator may suspend the provision of the Service to said User or take other measures without prior notice or warning.
If any dispute arises between a User and a third party, the User shall resolve the issue at his or her own expense and on his or her own responsibility, and agrees that the Operator shall not bear any liability whatsoever.

Infringe on the copyrights, trademarks, or other intellectual property rights of the Operator or third parties, or engage in conduct likely to infringe on such intellectual property rights;
Infringe on the property rights of the Operator or a third party, or on the privacy or right to likeness of a third party, or engage in conduct likely to infringe on such rights;
Impersonate another person by using the name of a person, company, or other organization;
Discriminate against or slander a third party, engage in fraud using the name of the third party, harm or engage in conduct likely to harm the honor or reputation of a third party;
In relation to the Operator's services, directly or indirectly provide benefits to anti-social forces;
Engage in trading, auctions, payment of monies, or other comparable conduct without the Operator's approval;
Improperly use User information;
Disclose or provide notice of one's own email address, telephone number and the like to a third party;
Interfere with the use or operation of the telecommunications equipment of the Operator or a third party or engage in conduct likely to cause such interference;
Tamper with or delete information accessible via the Service;
Analyze, reverse compile, reverse assemble, or reverse engineer the App provided by the Operator;
Develop, distribute, or use improper tools, improper applications, pirated versions of the App, cheating tools, or other programs intended for the improper use of the Service, or induce or encourage third parties to engage in such conduct;
Transmit information that contains computer viruses or other malicious computer programs;
Collect, disclose, or provide the personal information of a third party without consent;
Use the Service with the improper intent to cause malfunctioning of or interference with the Service, or conveying such use to a third party;
Engage in conduct likely to interfere with operation of the Service by the Operator;
Engage in conduct that violates any provision of these Terms of Use;
Engage in conduct determined to be contrary to public order, in violation of the law, or infringing on the rights of the Operator or others; or
Engage in other conduct that the Operator determines to be inappropriate.

Article 8: Suspension, etc. of Provision of the Service

If the Operator determines that any of the following reasons apply, the Operator may suspend or discontinue provision of the Service in whole or in part without the provision of prior notice to Users.
1. When performing maintenance, inspections, or updates of computer systems relating to the Service;
2. When provision of the Service is not feasible as a result of earthquake, lightning strike, fire, power outage, natural disaster, or other force majeure;
3. When operation of computers or telecommunication lines is suspended as a result of accident; or
4. If the Operator otherwise determines that provision of the service is not feasible.
The Operator shall not bear any liability whatsoever for detriment or damage incurred by Users or third parties as a result of suspension or discontinuation of the provision of the Service, regardless of the grounds.

Article 9: Copyrights

Users may use the Service to edit or post only information such as text, images, and saved data for which they hold the necessary intellectual property rights, such as copyrights, or have acquired the necessary licenses from the rights holders.
Copyrights to text, images, and saved data posted or edited by a User through the use of the Service shall be retained by said User or such other existing rights holder.
The Operator may use text, images, and saved data posted or edited through the use of the Service, and Users shall not exercise the moral rights of authors with regard to such use.
Third-party Users shall use only saved data through the use of the Service, and Users shall not exercise the moral rights of authors with regard to such use.
Except when otherwise specified in this article, all copyrights and other intellectual property rights to the Service and images, text, information, and the like provided or acquired in relation to the Service and all other information belong to the Operator or rights holders licensed by the Operator, and Users may not lend, translate, modify, reprint, publicly transmit (including making transmittable), convey, distribute, publish, broadcast, or use for commercial purposes such information without permission. The granting of a license to Users to use the Service pursuant to these Terms of Service does not signify any transfer of rights relating to the Service to Users.

Article 10: Permission for broadcasting

Users other than those who use the Service as part of the business of a corporation or other organization to which they belong (Individual Users) may use the functions provided by the Service to distribute video and audio of the scope of the Service on video sharing sites (Gameplay Live Streaming).
Users who use the Service as part of their corporate or other organization's business may use the Gameplay Live Streaming only if they have obtained separate permissions from the Operator and all copyright holders that contain in the Gameplay Live Streaming.
Individual users can monetize Gameplay Live Streaming in the following ways:

niconico: "Creator Patronizing Program (CPP)", "Gifts", "Advertise with Niconi Ads" and "niconico Channel (both free and paid)"
YouTube: "YouTube Partner Program" (After November 13, 2020)
Twitch: "Twitch Affiliate program" and "Twitch Partner Program" (After November 13, 2020)

Individual users will solely be responsible for Gameplay Live Streaming that self broadcast.
In the event that the owner of a copyrighted work in Gameplay Live Streaming has a separate copyrighted work usage policy, the User agrees to abide by that policy as well as the provisions of this Agreement.
The Operator and the copyright holders included in the Gameplay Live Streaming have the right to scrutiny, remove and suspend the publication for the Gameplay Live Streaming.
Neither the Operator nor the copyright holders of the works included in the Gameplay Live Streaming do not routinely screen, edit or monitor any of the Gameplay Live Streaming. However, the Operator and the copyright holders included in the Gameplay Live Streaming may remove, screen or edit any Gameplay Live Streaming if it determines in its reasonable discretion that it violates this Agreement, infringes the rights of a third party and/or violates any applicable law, rule or regulation, and it shall have absolute discretion to take such action.

Article 11: Restrictions on Use and Cancellation of Registration

In the cases set forth below, the Operator may, without prior notice, delete posted data, restrict use of the Service by a User in whole or in part, or cancel a User's registration.
1. If the User violates any provision of these Terms of Use;
2. If the Operator discovers any misrepresentations of fact in registered data;
3. If a petition is filed for the Commencement of Bankruptcy, Civil Rehabilitation, Corporate Reorganization, or Special Liquidation Proceedings;
4. If the User does not use the Service for one year or more;
5. If the User does not respond to inquiries or other communications from the Operator requesting a response for 30 days or more;
6. If any of the provisions of Article 2, Paragraph 2 apply to the User; or
7. If the Operator otherwise determines that use of the Service is not appropriate.
In cases where any of the items of the preceding paragraph apply, all deadlines for obligations owed by the User to the Operator shall automatically be accelerated, and all obligations owed at that time must immediately be paid in a lump sum.
The Operator shall not bear any liability whatsoever for damage incurred by a User as a result of conduct performed by the Operator pursuant to this article.
Further to Paragraph 1 of this article, Users agree that in the case where the Operator determines at its discretion that it is necessary, the Operator may restrict the use of the Service in whole or in part, cancel a User registration, and take other measures without prior notice to the User.
Users agree that in cases pursuant to laws and regulations, cases where necessary for the protection of the life, person, or property of an individual, cases where necessary for the promotion of public health or the healthy development of a child, cases where cooperation with the performance of duties specified by laws and regulations by a national government agency, local governmental body, or person entrusted by such an agency or body is required and obtaining the consent of the principal might interfere with the performance of those duties, cases where the Operator determines that it is necessary in order to respond to claims of conduct that infringes on the rights of third parties, and cases where the Operator otherwise determines that it is necessary for operation of the Service, the Operator may retain, disclose, or provide to third parties all information relating to records of conduct relating to all conduct engaged in by a User when using the Service and relating to the User who engaged in that conduct (including without limitation, all information relating to the User's account registration, other information relating to use of the Service by the User, and IP addresses, timestamps, and the like confirmed by the Operator).

Article 12: Disclaimer of Warranties, Disclaimers, and Compensation for Damage

The Operator does not make any express or implied warranties that the Service is actually or legally free of defects (including flaws relating to safety, reliability, accuracy, completeness, effectiveness, suitability for particular purpose, security, and so on, or errors, bugs, infringement of rights, and the like).
The Operator shall not bear any direct or indirect liability whatsoever relating to damage arising from use of or inability to use the Service by a User or the use of or inability to use linked sites from the Service, damage incurred by a User as a result of or in relation to a breach by that User or another User of any provision of these Terms of Use, and damage incurred by a User as a result of or in relation to responses by the Operator. Further, in the event of a dispute between a User and a telecommunications carrier regarding telecommunications fees arising from use of the Service, the Operator shall not bear any liability whatsoever with regard to such dispute; provided, however, that in the case where there are compulsory provisions protecting Users under the consumer protection laws or other comparable laws of the country where a user is domiciled, the Operator shall not disclaim such laws.
Even in the case of the proviso of the preceding paragraph, the Operator shall not bear any liability whatsoever for damage incurred by Users as a result of special circumstances (including cases where the occurrence of such damage was foreseeable or foreseen by the Operator or a User) resulting from non-performance of obligations or unlawful conduct due to the Operator's negligence (excluding gross negligence). Further, compensation for damage incurred by Users resulting from non-performance of obligations or unlawful conduct due to the Operator's negligence (excluding gross negligence) shall be limited to an amount equivalent to the Purchase Fees received from the User in the month in which the User incurred said damage.
The Operator shall not bear any liability whatsoever with regard to transactions, communications, or disputes and the like between a User and another User or a third party relating to the Service.
User data, information, and so on shall not be transferred at all in cases where Users uninstall or reinstall the App, replace a device, change models, or initialize a device, or in the case where a defect or the like occurs in a device, and the Operator shall not bear any liability whatsoever with regard to such non-transfer of data. Further, the Operator shall not bear a duty to make backups.

Article 13: Modification of Service Details, etc.

The Operator shall not bear any liability whatsoever with regard to transactions, communications, or disputes and the like between a User and another User or a third party relating to the Service.
The Operator may modify the particulars of the service or discontinue provision of the Service at its own discretion. In the case where the Operator discontinues provision of the App, in principle, the Operator shall provide prior notice to Users or make a public announcement on the App and its official website. The Operator shall not bear any liability whatsoever for damage incurred by Users as a result of modification of the particulars of the Service or discontinuation of provision of the Service. In such cases, Article 6, Paragraph 3 shall apply mutatis mutandis with regard to refunds of Purchase Fees.

Article 14: Amendment of these Terms of Use

The Operator may amend these Terms of Use at its own discretion. In the case where the Operator amends these Terms of Use, in principle, the Operator shall provide notice to users or make a public announcement to the effect that the Terms of Use have been amended, and provide the particulars of the amendment and the effective date on the App and its official website. Users shall be deemed to have consented to the amended Terms of Use by using the Service after amendment of these Terms of Use.

Article 15: Communications or Notices

Communications or notices between Users and the Operator shall be made by the method specified by the Operator.

Article 16: Prohibition on Assignment of Rights and Duties

Users may not assign to a third party, or offer as security, their status under the usage agreement or their rights and duties pursuant to these Terms of Use without the Operator's prior written approval. Further, in the case where the Operator assigns the business relating to the Service to another company in whole or in part, it may, in conjunction with such business assignment, assign to the assignee of such business transfer its status under these Terms of Use, its rights and duties pursuant to these Terms of Use, and the user IDs and authentication codes of Users and other information and the like, and Users consent in advance to such assignment.

Article 17: Severability

Even in the case where any portion of these Terms of Use is found to be contrary to mandatory laws or void for other reasons, provisions other than the void provisions shall survive and remain in effect. Users agree in advance that in such a case, said voided provisions may be automatically replaced with valid provisions that can achieve the originally intended economic purposes to the extent possible.

Article 18: Governing Law and Court of Competent Jurisdiction

These Terms of Use shall be construed in accordance with the laws of Japan.
In the event that a dispute relating to the Service occurs, the Tokyo District Court shall be the exclusive agreed court of first instance. In the case where these Terms of Use are translated into languages other than Japanese and there is a discrepancy between the Japanese version and a translated version in another language, the Japanese version shall take precedence in all respects.