PURIPIX Terms and conditions of Use

1Definitions

 PURIPIX is a service which MAKESOFTWARE Inc. (hereinafter referred to as the Company) provides, and which can be used by mobile devices. This service links to the Company's photo booth seal-making machines. You can upload photos taken in the photo booth to your mobile device.
These terms and conditions describe certain matters and give precautions relating to the use of PURIPIX. They apply to all aspects of PURIPIX services (hereafter referred to as the “Service”).

2AGREEMENT

Your use of “PURIPIX” signifies that you agree to TOS, that you consent to our Privacy Policy (hereinafter called to as “PP”), and that you consent to receiving required notices and to transact with us via your own mobile devices through Internet infrastructures.
If you do not agree to TOS and/or PP, we advise you not to use “PURIPIX”.

3AGE RESTRICTION

Your use of “PURIPIX” needs you only to tap the entry button on the screen after accessing or running “PURIPIX” and follow the instructions thereon.
On entering, you confirm that you are 20 years of age or older or that, if you are under 20 years of age, you are accompanied and directly supervised by a parent or legal guardian. If you are under 20 years of age, please do not access “PURIPIX” without your parent or legal guardian directly supervising you.

4PAYMENT

4.1 You can store the photos that you take in our photo booths in your mobile device. However, you must purchase coin tokens to be able to save all of them. In some circumstances, you may be able to store the photos for free. Whether or not you can do that depends upon your local conditions of use.

4.2 You can purchase coin tokens for the Service using the specified fee payment system.
Please note that some mobile devices and operating systems cannot be used to access the fee payment system.

5HOW TO USE

5.1 [Download from your printed sticker]

  • 1)Access or Run “PURIPIX” on your smart phone
  • 2)Enter a 16-digit identification number on your printed sticker
  • 3)Active/non-active screen images are displayed

5.2 [Download by entering the URL]

  • 1)Enter your smart phone mail address on the screen of the photo booth
  • 2)Get the reply mail typed URL
  • 3)Access the said URL
  • 4)Set up “PURIPIX” and tap “PURIPIX” button
  • 5)Active/non-active screen images are displayed
The method of operation for some photo booths may be different from the written descriptions provided.

5.3 In any event, your photos will be stored for seven days after they have been taken
In some cases, if you want to save your photos from the PURIPIX site, you may need to log in to Facebook.

6YOUR RESPONSIBILITIES

6.1 You may use “PURIPIX” for lawful purposes only. You may not submit or transmit through “PURIPIX” any information, content, or material or otherwise engage in any conduct that:

  • a)violates or infringes the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights;
  • b)is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts, or is pornographic;
  • c)victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • d)impersonates any person, business, or entity;
  • e)contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or that otherwise permit the unauthorized use of a computer or computer network;
  • f)encourages conduct that would constitute a criminal offense or give rise to civil liability;
  • g)violates TOS and PP on “PURIPIX”.

6.2 You may not use “PURIPIX” to provide any false personal information or any information, content or material on account of anyone other than yourself without permission.

6.3 By using “PURIPIX”, you agree:

  • a)to abide to TOS and PP;
  • b)to keep your contact information accurate and up-to-date; and

6.4 You may not use “PURIPIX” in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party's use and enjoyment of “PURIPIX”. You may not attempt to gain unauthorized access to any services, other members' accounts, computer systems, or networks through hacking, password mining, or any other means. We may take any legal and technical measures to prevent the violation of this provision and to enforce TOS.

6.5 Any information, content, or material you have created and submitted or transmitted through “PURIPIX” and that is covered by intellectual property rights (or similar rights) shall be licensed to us as a nonexclusive, transferable, sublicenseable, royalty-free, perpetual, worldwide license, and we are entitled to use such intellectual property on or in connection with “PURIPIX”.

6.6 You may not reverse engineer, decompile, or disassemble “PURIPIX” or otherwise attempt to derive the source code (except where expressly permitted by law). You may not modify, adapt, or create derivative works from “PURIPIX” in any way or remove proprietary notices in “PURIPIX” .You agree to abide by all laws and regulations regarding your use of “PURIPIX”.

6.7 You agree to fully comply with all import and export laws, regulations, rules, and orders of Japan or any other foreign (e.g., the United States) government agency or authority, and you agree not to directly or indirectly export, re-export, transfer, and/or release “PURIPIX”, related technology, or any product thereof for any proscribed end-use or to any proscribed country, entity, or person (wherever located) without proper governmental authorization. You bear full responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules, and orders and for obtaining all necessary authorizations and clearances. You further agree to assume responsibility for and bear all expenses relating to your compliance with the described laws, regulations, rules, and orders, and for obtaining all necessary authorizations and clearances.

6.8 We reserve the right to remove any of your information, content, or material from “PURIPIX” if it violates TOS.

6.9 Your right to use “PURIPIX” automatically terminates if you violate TOS, PP or any guidelines uploaded in connection with “PURIPIX”. We also reserve the right, at our sole discretion, to terminate your access to all or part of “PURIPIX”, for any reason, with or without notice.

7PACKET COMMUNICATION FEES

You must provide, at your own expense, your smart phone that you will need to access and use “PURIPIX”. When you access and use “PURIPIX”, through your smart phone, you must pay packet communication fees for alerts, web browsing, messaging, and other services to your selected telecommunication carrier. You are solely responsible for any costs you incur to access “PURIPIX” through your smart phone.

8LICENSE TO USE “PURIPIX”

8.1 Subject to TOS, you may use “PURIPIX” only for personal, noncommercial purposes. You may use content offered for downloading for personal use only and are subject to the rules that accompany that particular content. You may not use the content in a manner that exceeds the rights granted for your use of the content. You may not use any data mining, robots, or similar data-gathering and -extraction tools on the content; frame any portion of “PURIPIX” or content; or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the content without our prior written consent. You may not circumvent any mechanisms included in the content for preventing the unauthorized reproduction or distribution of the content.

8.2 Makesoftware does not accept any liability if customers' photos are lost, mistakenly made public or for any such similar event.
Customers shall accept that after a photo has been sent, posted, or displayed on the Service, the Company has a non-exclusive license to use, copy, process, revise, modify, make public, send, display, or deliver PURI photos without charge, regardless of the medium or distribution method used.

8.3 If a customer sends, posts, or displays his/her PURI photos using a social network system such as Twitter or Instagram, those photos will be displayed on the Service under the following conditions.

  • 1)If they are posted with a specific hash tag (such as “PURIPIX”)
  • 2)The social network account, (for example: Twitter or Instagram) must not be set to “non-public”.
  • 3)Only when none of the prohibitions in Article 6 apply.

9INTELLECTUAL PROPERTY RIGHTS

We own the intellectual property rights to the design of and the information on “PURIPIX”, including the name of “PURIPIX” and the look and feel of the color combinations, button shapes, and other graphical elements of “PURIPIX”. Such intellectual property is protected by international treaties and by copyright, trademark, patent, and trade-secret laws, as well as other proprietary rights

10DISCLAIMER OF WARRANTIES

We provide “PURIPIX” as is, with all faults and as available. We make no express warranties or guarantees about “PURIPIX”.
To the extent permitted by law, we disclaim implied warranties that all contents, and services distributed through "PURIPIX" are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, and non-infringing. We do not guarantee that "PURIPIX" will meet your requirements or will be error-free, reliable, without interruption, or available at all times. We do not guarantee that the results that may be obtained from the use of "PURIPIX" (including any support services) will be effective, reliable, or accurate or will meet your requirements. We do not guarantee that you will be able to access or use "PURIPIX" at times or locations of your choosing.

11LIMITATION OF LIABILITIES

Your sole and exclusive remedy for any dispute with us is to discontinue your use of “PURIPIX”. In no event shall our liability for any and all claims relating to the use of “PURIPIX” exceed the total amount of service fees that you paid us in past times. We shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of, inability to use, or reliance upon the Websites. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if we knew or should have known of the possibility of such damages. In some countries, this type of service infringes on the governing laws and regulations. It is prohibited to use this service in those countries. If you want to use this service in some country other than Japan, you must check the local laws and regulations in that country yourself, and be aware that you are legally responsible for using it. We are not liable for any problems anyone has as a result of using this service.

12PP (PRIVACY POLICY)

PP explains the practices that apply to your personal information when you use “PURIPIX”. Your ongoing use of “PURIPIX” signifies your consent to the information practices disclosed in PP. You can review PP at any time by tapping on PP link, located at the top menu of “PURIPIX”.

13CHANGES OF TOS

We may change TOS at any time. You can review the most current version of these terms by tapping on TOS link, located at the top menu of “PURIPIX”. You are responsible for checking TOS periodically for changes. If you continue to use “PURIPIX” after we upload changes to TOS, you are signifying your acceptance of the new terms.
In this case, you agree that we may electronically provide to you required notices, agreements, and other information concerning “PURIPIX”. If you no longer agree to receive notices electronically, please cease using “PURIPIX”.

14TERMINATION OF “PURIPIX”

We may discontinue or change any service or feature on “PURIPIX” at any time and without notice.

15GOVERNING LAW AND LOCATION FOR RESOLVING DISPUTES

You agree that the laws of Japan govern all disputes, controversies or differences which may arise between you and us, out of or in relation to or in connection with “PURIPIX” and that such disputes etc. you may have against us will be resolved by courts located in Osaka, Japan, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating them.

Effective from July 07, 2012
Updated on March 15, 2016
Updated on April 22, 2016
Updated on November 1, 2016
Updated on November 15, 2016
MAKESOFTWARE Inc.