Terms of Use

Chapter 2: Obligations of Users

Article 6: [Management of Devices and Accounts]

1. Users shall not allow third parties to use or share their devices or accounts (referring to the unique status of the Users in the Service obtained by registering their information as a registered account, including the unique identification code issued by the Company; the same shall apply hereinafter).
2. Users shall manage their devices and accounts at their own responsibility when using the Service and shall be fully responsible for any actions taken using their devices and accounts.
3. The Company shall consider all actions taken using the Users' devices and accounts to be actions taken by the Users who obtained the accounts, regardless of who actually uses the devices and accounts to use the Service.
4. The Company shall not be liable for any damage incurred by Users due to device malfunction, loss, malware, spyware, virus, hacking, or cracking attacks by third parties, improper management or use of devices and accounts, or use by third parties.
5. If there is a risk that Users' devices and accounts are being used illegally by a third party, Users shall promptly take the necessary measures to prevent such illegal use.
6. The Company shall not be liable for any disadvantages incurred by the Users due to the loss or forgetting of their devices or accounts (including the loss of any state realized in the Service, such as information posted, registered, or saved by the Users).
7. Users shall endeavor to keep the version of the app and the OS of their registered device up to date. Users acknowledge that the app may not function properly depending on their device or OS version. The OS version available for the app can be confirmed on the Company’s website.

Article 7: [Prohibited Actions]

The Company prohibits the following actions by Users (including actions that may fall under these, as well as actions conducted by third parties).

1. Providing one's membership information (including the ID or other identification codes used by the Users) to third parties and allowing them to use the Service.
2. Registering an account with false information.
3. Providing or spreading false information about the Company or third parties, or defaming the Company or third parties, regardless of whether inside or outside the Service.
4. Creating multiple accounts.
5. Unauthorized access.
6. Pretending to be the Company, other Users, or individuals or entities related to the Service, or otherwise causing third parties to misunderstand the relevance of the Service.
7. Using the Service in a manner that places an excessive load on the servers, systems, networks, or other facilities related to the Service.
8. Distributing computer viruses or causing malfunctions in the Service or Users' devices.
9. Disrupting other Users' use of the Service.
10. Deliberately providing or disclosing information on Service malfunctions to third parties other than the Company.
11. Modifying, damaging, reverse engineering, decompiling, disassembling, or performing other similar actions on the programs used in the Service.
12. Reproducing, transcribing, extracting, processing, adapting, transferring, lending, selling, or transmitting the Service or information provided on the Service.
13. Conducting or preparing for profit-making activities using the Service or information provided on the Service.
14. Infringing the copyrights (including the rights defined in Articles 27 and 28 of the Copyright Act), patent rights, trademark rights, or other intellectual property rights of the Company or third parties.
15. Using materials that may infringe intellectual property rights while using the Service.
16. Reusing, reselling, or redistributing materials obtained from the Service on similar or competing services.
17. Defamation, stalking, bullying, harassment, fraud, threats, verbal abuse, coercion (including persistently repeating similar demands), impersonation, or intimidation against the Company, other Users, or third parties.
18. Planning an event through the Service and canceling it without notifying participants on the day of the event or engaging in other untrustworthy behavior towards participants.
19. Making false statements or maliciously planning an event to recruit participants.
20. Using the Service while walking, driving, or in other situations or modes that are inappropriate for its use.
21. Transmitting information that contains abusive or socially unacceptable content (the term 'transmission' includes posting on the Service).
22. Transmitting information that includes obscene content (expressions judged by the Company to suggest sexual matters, regardless of artistic value).
23. Transmitting information for the purpose of meeting unknown third parties or engaging in obscene acts.
24. Posting harmful information to youth (defined in Article 2, Paragraph 3 of the Act on Development of an Environment that Provides Safe and Secure Internet Use for Young People) or luring children into being parties to sexual acts, etc.
25. Inducing, soliciting, or promoting suicide or self-harm.
26. Transmitting information related to the sale of illegal drugs or other inappropriate drugs, and promoting their inappropriate use.
27. Transmitting information regarding the promotion or advertisement of religious acts, religious organizations, political activities, or political organizations, or soliciting to them.
28. Transmitting information related to endless chains or network businesses.
29. Transmitting information that constitutes junk mail or spam mail.
30. Encouraging or soliciting minors to drink, smoke, or gamble, or transmitting other information that negatively impacts minors.
31. Transmitting information such as child pornography, cruel expressions, or other content that may offend third parties.
32. Transmitting information that leads to discrimination based on race, ethnicity, gender, creed, social status, residence, physical characteristics, medical history, education, property, etc.
33. Infringing on others' portrait rights, privacy, or other personality rights.
34. Improperly collecting or using other Users' personal information or privacy-related information.
35. Engaging in fraud or other acts connected to criminal activities.
36. Interfering with the provision of the Service or damaging the reputation of the Company and the Service.
37. Engaging in acts that violate laws or regulations, regardless of intent or negligence.
38. Engaging in acts against public order and morals or acts that harm others.
39. Failing to comply with alert information or cooperation requests from municipalities, fire departments, police, or public or private organizations consisting of such members or equivalent, except when socially acceptable under urgent safety reasons.
40. Other acts that the Company deems inappropriate.

Article 8: [Restriction or Suspension of Use]

If the Company determines that the actions of a User fall under any of the following, the Company may refuse the User to start using the Service, delete all or part of the information registered by the User on the Service (hereinafter referred to as 'User Content'), suspend or restrict the User's use of the Service, or delete the User's account.

1. If the Company determines that the User has violated these Terms, including the prohibited actions set forth in the preceding Article, or is likely to do so.
2. If the Company's provision of the Service is hindered or obstructed by the User's actions (including actions or omissions outside the Service) or if the Company determines there is a risk thereof.
3. If the Company determines that the User is using the Service in a manner that does not comply with the prescribed methods or other improper methods or there is a risk thereof.
4. If the User has previously been subject to measures based on this Article by the Company.
5. Other cases deemed inappropriate by the Company.

Article 9: [Withdrawal]

1. If a User wishes to withdraw from the Service, they shall complete the withdrawal procedure using the method prescribed by the Company. If the procedure is carried out from the User's device or account, it shall be considered that the withdrawal procedure was carried out with the true intent of the User using the said device or account.
2. If a User withdraws from the Service, the User shall lose all rights related to the use of the Service, past registration information, and all data, history, and other information accumulated in relation to the use of the Service. If the withdrawal procedure as prescribed in the preceding paragraph was followed, the User's defense of not having the true intention to withdraw shall not be accepted.
3. Even after a User withdraws from the Service, the contractual relationship between the Company and the User based on these Terms shall not be terminated and shall remain in effect.
4. Even after a User withdraws from the Service, the Company may continue to retain and use the information provided to the Company by the User or collected by the Company in the course of using the Service.
5. If a User dies, they shall be deemed to have terminated the use of the Service. The right to use the Service is strictly personal and non-transferable by inheritance.
6. The Company may, at its discretion, delete an account that has been inactive for more than six months without prior notice. The Company shall not be liable for such deletion except as otherwise provided in these Terms.

Chapter 3: Support and Handling of Information

Article 10: [Customer Support]

1. The Company shall provide services (hereinafter referred to as 'Support') to assist Users in using the Service, but the content shall be determined within the scope that the Company can provide, and the Company shall not be obligated to provide any specific Support.
2. Support shall be accepted through the Service or via a dedicated form designated by the Company, and responses from the Company, if necessary, shall be made by email in principle.
3. Support in the preceding paragraph may take a considerable amount of time to respond depending on the content of the question, and in some cases, the Company may not be able to respond.
4. If the User's inquiry relates to defects in the Service, the content and timing of the response to the requests, or usage methods for hardware, OS, software, etc., not related to the use of the Service, the Company shall not respond in principle.
5. Users shall not use or disclose the content of the Company's responses for any purpose other than receiving Support.

Article 11: [Intellectual Property Rights]

1. All intellectual property rights related to the Service (including intellectual property rights arising from the information provided on the Service, including the rights defined in Articles 27 and 28 of the Copyright Act) belong to the Company or a third party with legitimate authority over them.
2. Users shall not reproduce, modify, publicly transmit, or otherwise use any information provided by the Company on the Service that infringes the Company's intellectual property rights without consent and contract.
3. Permission by the Company for Users to use the Service shall not be interpreted as permission based on any rights or intellectual property rights of the Company to the Users.

Article 12: [Handling of Posted Data]

1. The Service may have a function that allows Users to send text, etc., to other specific or unspecified Users, such as a message function or bulletin board function (hereinafter collectively referred to as 'Posting Function').
2. Users shall be fully responsible for the content of the text and other information (hereinafter collectively referred to as 'Posted Data') they send or save to other specific or unspecified Users using the Posting Function. The Company shall not be liable for the content of the Posted Data.
3. Users guarantee that the Posted Data does not infringe on the intellectual property rights, privacy rights, portrait rights, or other personal rights or interests of third parties and does not violate laws.
4. If a dispute arises due to a complaint, lawsuit, or other disputes from a third party due to the Posted Data, Users shall resolve it at their responsibility and expense and shall not cause any inconvenience or damage to the Company. The Company shall not be liable for any damage incurred by the Users due to such disputes.
5. If the Company deems it necessary, the Company may view and delete all or part of the Posted Data. However, the Company is not obligated to view or delete the Posted Data, and the Company shall not be liable for any consequences resulting from not deleting the Posted Data.

Article 13: [Acquisition and Use of Information]

The Company shall appropriately handle the information obtained by the Company from Users when using the Service in accordance with the Company's Privacy Policy.

Chapter 4: Changes and Termination

Article 14: [Interruption or Suspension of the Service]

1. The Company may, without prior notice to the Users, interrupt or suspend the provision of all or part of the Service if any of the following applies:
1. If regular or emergency inspections or maintenance work is carried out on the computer system related to the Service.
2. If there is a failure in the telecommunications equipment installed by the Company and used in the Service, such as a server down.
3. If there is a failure in external infrastructure used in the Service, such as network line congestion or problems at the Internet provider.
4. If the provision of the Service becomes impossible due to force majeure, including fire, power failure, accident, earthquake, tsunami, typhoon, lightning, heavy rain, flood, or other natural disasters.
5. Other cases deemed necessary by the Company.
2. The Company shall not be liable for any damages incurred by the Users due to the interruption or suspension of the Service based on the preceding paragraph, except where the Company is at fault.

Chapter 5: Content Provision and Licensing

All rights and licenses granted to Users under these Terms are conditional on the Users' compliance with these Terms.

Article 15: [Ownership]

Except as explicitly granted by these Terms, all rights, titles, and interests in the photos, illustrations, images, vectors, videos, 3D assets, template assets, and other graphic works (hereinafter referred to as 'Works') designated on the Service belong to the Company and its licensors. No title or ownership of the Works shall be transferred to the Users under these Terms.

Article 16: [Creator Membership]

1. Users may become Creator Members by registering as a creator separately after registering an account.
2. Creator Members grant the Company a non-exclusive right to copy, distribute, sell, advertise, publicly transmit, make transmittable, display, create derivative works, etc., concerning the Works they own the rights to and upload to the Service, and the information provided incidentally with the Works such as tags and titles (hereinafter referred to as 'Related Information, etc.') without any restrictions on time and region, and to permit third parties to use the Works and Related Information, etc., within the scope of the license conditions specified below and inherent limitations.
3. Creator Members shall be deemed to have agreed to the reproduction, etc., of the Works and Related Information, etc., stipulated in the preceding paragraph when they upload the Works and Related Information, etc. Creator Members also agree to provide sample images of the Works (whether watermarked or not) to those considering purchasing the Works for the purpose of confirming the layout and composition before purchase.
4. Even after the Company grants the reproduction, etc., the rights related to the Works, such as copyright, remain with the Creator Members or copyright holders, and no rights are transferred to the Users.
5. Creator Members agree that purchasers, etc., may freely process the Works and shall not require attribution or credit display or its absence in the use of the Works. They also agree not to exercise moral rights of authorship and not to have third parties exercise such rights.
6. Creator Members agree that they are not required to supply all the submitted Works for sale.
7. Creator Members agree that the Company may discount, etc., the prices listed on the Service at the Company's discretion.
8. If requested by the Company, Creator Members shall make reasonable efforts to correct any physical defects or faults in the Works, and if the Creator Members cannot comply with the request or neglect to do so, or if the defect or fault is minor, etc., Creator Members agree in advance that the Company may handle the correction, etc., of the Works.
9. Creator Members shall not engage in any actions that benefit themselves by purchasing the Works they sell themselves or having third parties purchase them on the Service or other services managed and operated by the Company.
10. Creator Members guarantee that the Works and Related Information, etc., uploaded to the Service were created by the Creator Members themselves and that they fully own the copyrights, or that they have appropriately obtained the right to use them from the rightful rights holders in writing, and that they have the legitimate rights to grant the rights stipulated in this Article to the Company, purchasers, the Company's clients, and users of the Works.
11. Creator Members guarantee that the Related Information, etc., uploaded to the Service by themselves is accurate.
12. If there are portrait rights, publicity rights, trademark rights, copyrights, or other third-party rights in the Works uploaded to the Service, Creator Members guarantee that they have obtained permission from the rights holders or their legitimate representatives regarding all such rights, and that the Works do not infringe third-party rights. If a specific individual can be identified as a subject in the Works (hereinafter referred to as 'Portrait Works'), Creator Members shall submit a model release (portrait rights usage agreement) for all subjects of the Portrait Works to the Company upon the Company's request. Furthermore, Creator Members represent and warrant that they have obtained all necessary valid model releases for the Portrait Works and will submit the model releases and any related necessary information to the Company upon request.
13. Creator Members guarantee that the Works uploaded to the Service were created legally.
14. Works or Related Information, etc., that do not have the necessary permissions obtained in accordance with Paragraph 11 or Paragraph 13, that are incorrect or inappropriate (including those that falsely use others' names or designations), or that fall under any of the following categories, shall be deemed inappropriate, and the Company may delete or modify them at its discretion. Creator Members shall not provide inappropriate Works to the Company.
15. If a claim, objection, complaint, or damage compensation request arises from a third party regarding the Works or Related Information, etc., the Creator Members shall handle it at their own responsibility and expense and guarantee that they will not cause any inconvenience or damage to the Company.
16. If such a claim, objection, complaint, or damage compensation request is made against the Company and the Company suffers any damage, the Creator Members shall compensate the Company for all costs incurred, including reasonable attorney's fees.
17. If a third party makes a claim, objection, complaint, or damage compensation request regarding the Works or Related Information, etc., against the Company, the Company may disclose the contact information of the Creator Members who uploaded the Works and any other information the Company has about the Users to the third party.
18. The Company shall pay the Creator Members who sold the Works sales compensation according to the exchange rate specified by the Company (however, if the Creator Members register as a member of an organization and sell a Work to which an individual holds the copyright, the sales compensation shall be paid to the account registered under the individual's name in advance). In cases where withholding is required by law, the Company shall pay the amount after deducting taxes such as withholding. Depending on the payment method, a prescribed cash-out fee may be deducted, and Creator Members agree to this.
19. The Company may change the payment conditions of sales compensation to Creator Members in any of the following cases, and Creator Members agree to this.
1. Improvement or change of the Service management system.
2. Introduction of new services or systems.
20. When the Company uses the Works for purposes of notifications or advertisements, both inside and outside the Service, the Company may use them freely and without charge. At that time, Paragraph 6 shall apply, and the Company may freely process, etc. Creator Members agree that they do not have the right to claim sales compensation for the provision of free materials and sample data.
21. Creator Members may apply for payment when the minimum payment threshold set by the Company is met, and payment shall be made by the end of the second month following the application date.
22. When applying for payment of sales compensation, Creator Members shall correctly notify the Company of account information for transfer and other necessary payment information. If there is a defect in this information, the Company will issue a correction notice, but if there is no response within the period set by the Company, the exchange application shall be canceled. In cases where payment of sales compensation is not completed due to reasons attributable to the Creator Members, the application shall be canceled, and reapplication shall be required.
23. Even if a Work is sold, sales compensation to Creator Members may be canceled in the following cases.
1. If a refund request, etc., is received from the purchaser due to some defect or fault in the Work itself.
2. If duplicate purchases or abnormal payments occur due to temporary server errors, line errors, etc.
3. If the User who purchased the Work falls into a state of insolvency or if there is an unauthorized transaction, etc., and the Company determines it to be uncollectible.
4. If it is determined that the Creator Members violated this Contract, or for any other reason, the Company determines that it is not obligated to pay in that transaction.
24. If a Creator Member wishes to delete a Work from the site, it shall be done through the Company's prescribed deletion procedure. For Works already on sale, in principle, sales of the Work shall end 30 days after the deletion procedure.
25. Creator Members shall not seek to stop or prohibit the use of Works already purchased, regardless of the deletion of Works or withdrawal procedures, in any case.

Article 17: [Licensing]

1. cizucu grants a non-exclusive, irrevocable, worldwide copyright license to download, reproduce, edit, distribute, screen, and use the Works for commercial purposes without the Creator Member's or cizucu's permission or credit display, for any Works where a download button is displayed from cizucu.
2. The cizucu license grants very broad copyright rights for Works where download permission is granted on the Service but does not include usage rights regarding the following:
1. Trademarks, logos, or brands visible in the Works.
2. Recognizable individuals in the Works.
3. Artworks or copyrighted works visible in the Works.
3. Licensed Works are subject to the restrictions set forth in Article 18.
4. Creator Members confirm that their uploaded Works do not infringe rights, but Users who download the Works are also responsible for ensuring that their download and usage do not infringe third-party copyright, trademark, portrait rights, or other legal rights. If the download or usage by Users infringes third-party rights, Users are responsible for resolving the dispute themselves.

Article 18: [Restrictions]

The following actions by Users are prohibited.

1. Reproducing similar or competing services by downloading and editing the Works from the cizucu community.
2. Using the Works in a manner that allows third parties to (1) use, download, extract, or access the Works as independent files, or (2) use, download, extract, or access the Works beyond the scope of the license.
3. Using the Works with materials that infringe third-party rights, or engaging in acts that infringe individual or organizational intellectual property rights, etc., in connection with the Works.
4. Registering or applying to register trademarks, design marks, service marks, sound marks, or trade names using all or part of the Works, or asserting ownership to prevent third-party use of the Works.
5. Using the Works in a pornographic or defamatory manner, or in a manner that violates applicable laws, rules, or regulations.
6. Using the Works in a manner that, considering the nature of the Works, would be judged inappropriate, immoral, offensive, obscene, or controversial by a reasonable person, or in connection with such themes.
7. Using the Works contrary to the additional restrictions displayed on the details page of the Work on the Service.
8. Removing, obscuring, or altering ownership notices related to the Works, or making express or implied false representations that Users or other third parties are the creators or intellectual property rights owners of the Works.
9. Using the Service (or content, data, output, or other information received or derived from the Service) directly or indirectly for (1) creating, training, testing, or otherwise improving machine learning algorithms or artificial intelligence systems (architectures, models, weights, etc.), or (2) technologies designed or intended for human identification, or allowing third parties to use it.
10. Accessing Works filtered by SafeSearch for Users under 18 or residing in countries where adult content is illegal.
11. Using or utilizing the Works in ways not explicitly provided for in these Terms.

Article 19: [Attribution and Credit Display]

1. When Works are used in audiovisual works, Users must make commercially reasonable efforts to provide attribution and credit display in the following format, following industry standards.
2. If attribution and credit display related to the Company have not yet been made, and attribution and credit display related to other stock content providers have been made where the Works are used, Users must provide similar attribution and credit display for the Company.

Article 20: [Reservation]

1. If the Users are actually aware or reasonably believe that the Works are likely to be the subject of a claim by a third party, they must promptly notify the Company in writing. If the Company reasonably believes that the Works are likely to be the subject of a claim by a third party, it may instruct the Users to cease all use, reproduction, modification, display, distribution, or retention of the Works, and in such cases, the Users must (1) promptly comply with such instructions and (2) ensure that their clients, distributors, employees, and employers cease the use of the Works as appropriate.
2. The Company may, at any time, (1) suspend the license of any Work and (2) refuse the download of any Work.

Article 21: [Injunctive Relief]

Users agree that, in the event of unauthorized access to or use of the Works in violation of these Terms by Users or other Users, the Company may request injunctive relief (or equivalent emergency legal relief) in any jurisdiction without notice or an opportunity to cure.

Chapter 6: Miscellaneous Provisions

Article 22: [Disclaimer]

1. The Company shall not be liable for any direct or indirect damages incurred by Users in relation to the use of the Service unless the Company is at fault, except where otherwise specified in these Terms. Users shall use the Service at their own responsibility and judgment.
2. Users understand that the Service and the services and information provided on the Service are subject to daily updates and changes. The Company does not guarantee the existence or permanence of such services and information.
3. The Company does not guarantee that the functions of the Service will always operate perfectly. The functions of the Service may be limited by the condition of the Users' devices, the usage environment (including the reception environment for mobile phone signals), and other factors.
4. The Company does not guarantee the completeness, reliability, validity, accuracy, usefulness, timeliness, legality, or compatibility with the Users' purposes and environment of the information, software, etc., accessible through the Service.
5. The Company does not guarantee that the Service does not infringe any third-party rights.
6. The Company does not guarantee the legality, conformity, safety, accuracy, or lack of public order and morality violations of any third-party websites that can be accessed via links from the app. The Company shall not be liable for any damages or losses arising from the Users' use of such websites or products or services provided through such use, except where otherwise specified in these Terms.
7. The Company shall not be liable for any disputes, etc., arising between Users and third parties due to the use of the Service unless the Company is at fault, except where otherwise specified in these Terms. Users shall resolve such disputes at their own responsibility and expense, without causing any inconvenience or damage to the Company. The same applies when Users initiate disputes against third parties.
8. The Company shall not be liable for the deletion or loss of information related to the Service, loss of data due to the use of the Service, equipment malfunctions or damages, or any damages suffered by Users related to the Service unless otherwise specified in these Terms. Even if User Data defined in Article 16 is lost, the Company shall not be liable unless otherwise specified in these Terms, and Users shall back up such data themselves as necessary.
9. The Company shall not be liable for any damages suffered by Users arising from combinations with other devices, except where the Company is at fault, except where otherwise specified in these Terms.
10. The Company shall not be liable for any damages caused to Users by unauthorized access to the Service, the intrusion of computer viruses, or other acts of third parties, except where the Company is at fault, except where otherwise specified in these Terms.
11. The Company shall not be liable for any damages incurred by Users due to force majeure, except where otherwise specified in these Terms.

Article 23: [Compensation for Damages]

1. If Users violate any provisions of these Terms or cause damages to the Company due to reasons attributable to themselves, they shall compensate the Company for the damages suffered (including reasonable attorney's fees).
2. Notwithstanding the provisions exempting the Company, if the Company is liable for damages to Users under the Consumer Contract Act or other applicable laws, the Company's liability shall be limited to the total amount of fees actually received from the User in the one year preceding the time when the cause of the damage occurred (or 10,000 yen if there is no history of receiving fees or if the history cannot be confirmed). This does not apply in cases where the Company is guilty of willful misconduct or gross negligence, but even in such cases, the Company's liability for damages shall be limited to direct damages suffered by the User, and indirect damages such as consequential damages, incidental damages, or lost profits, regardless of whether foreseeable by the Company, shall not be included.

Article 24: [Prohibition of Transfer of Rights and Obligations]

1. Users shall not transfer, change names, pledge, provide as collateral, license, or otherwise dispose of all or part of their status as Users or rights or obligations under these Terms to third parties.
2. When the Company transfers the business related to the Service to a third party, it may transfer its position, rights, and obligations under this Contract, as well as registration information and other information of the Users, to the transferee of the business transfer, and the Users shall be deemed to have agreed in advance to such transfer under this Article. The term 'business transfer' as used in this Article shall include not only ordinary business transfers but also mergers, company splits, or any other cases where the business is transferred.

Article 25: [Validity of These Terms]

1. Even if some provisions of these Terms are deemed invalid based on laws, etc., the validity of other provisions shall not be affected.
2. Even if some provisions of these Terms are deemed invalid or canceled in relation to certain Users, the validity of other Users shall not be affected.

Article 26: [Governing Law]

The governing law for these Terms shall be the laws of Japan.

Article 27: [Agreement on Jurisdiction]

1. If any doubt arises regarding the interpretation of these Terms, the Company may determine the interpretation reasonably.
2. All disputes regarding these Terms shall be subject to the exclusive jurisdiction of the district court having jurisdiction over the Company's head office as the court of first instance by mutual agreement in advance.