Terms of Service

Terms of Service

2018.03.09 21:00

Article 1 (General Provisions)

These Terms of Service stipulate basic matters regarding the use of this Service between the person who uses this Service, provided and operated by Popshoot, Inc. (hereinafter “Operator”), and the Operator.

Article 2 (Definitions)

1. “Service” means the community platform service “Pitacoin”, provided by the operator through this site (defined in Paragraph 2 of this Article) and all services pertaining to or related to “Pitacoin”.

2. “Site” means a site operated by the operator to provide this Service (if application is launched, it will be applicable).

3. “Applicant For Use” means individual who wishes to use this Service.

4. “User Registration” means the user registration of this service by the Applicants For Use according to the way specified by Operator, prescribed in Article 5.

5. “User” means a user, who was Applicant For Use for Service, with the application for use of Service, accepted by Operator in accordance with the method prescribed by Operator in Article 5, contracted this Service Agreement (defined in Paragraph 6 of this Article) with the operator, and uses this Service.

6. “Service Agreement” means the contractual relationship regarding the use of Service between User and Operator when User uses Service. “Service Agreement” includes related terms and notices, prescribed in Terms of Service and Site.

7. “User ID” means a character string combining English letters, numbers, or symbols given to User by Operator for user identification and use of Service.

8. “User Login Information” means the telephone number set by User for user identification and use of service.

9. “Verification Code” is a 6-digit integer sent to User’s device for user identification and user registration information protection when User Login Information is confirmed. This Verification Code is sent by SMS (Short Message Service) of a mobile phone.

10. “User Registration Information” means information that is registered by Applicant For Use at the time of user registration and is determined by Operator, information that is asked to register by Operator as necessary when User uses Service, and information that is added and changed by User.

11. “User Disclosure Information” means information or Content (defined in Paragraph 12 of this article), which is disclosed, posted, transmitted, public, etc., after the user has previously agreed to be disclosed, viewed, and used to other users within Service.

12. “Content” means other information such as text, images, videos, programs, data, etc., but is not limited to these.

Article 3 (Scope of Application)

1. Terms of Service apply to Operator and Users regarding the use of this Site and this Service.

2. When the Operator posts individual provisions, additional provisions, FAQs and other matters related to this Service on this Site, they shall be consisted as a part of Terms of Service, and if the above matters conflict with Terms of Service, the contents described in the above matters shall be given priority.

3. For other sites linked by Operator, please accept and follow the terms of the service of that site.

Article 4 (Operation of this Service)

1. This Service includes an open prize competition service that anticipates the ups and downs of Bitcoin and distributes a small amount of Bitcoin as a result of the forecast.

2. The amount of Bitcoin that User can receive as an open prize competition shall be arbitrarily determined by Operator.

3. Operator will have no concern of and will not be responsible for any Bitcoin ups and downs.

4. If User receives Bitcoin from Operator, the phone number must be registered as User Login Information. In addition, phone number registration shall be completed after confirming the identity of User by entering and verifying Verification Code.

5. User shall prepare Wallet or account for receiving other Bitcoin if User receives Bitcoin from Operator. In addition, User is responsible for managing the receiving account.

6. If Operator sends Bitcoin to User, User may be charged a transfer fee. In that case, User is manifested that User is charged to a transfer fee in advance. If User continued to use this Service, User shall agree to be charged to a transfer fee.

7. Even if the Bitcoin service stops, Operator shall not be responsible.

Article 5 (User Registration)

1. This service will be provided and operated by Operator if User and Applicant For Use continually accept Terms of Service and related rules and notifications.

2. Applicant For Use shall confirm the necessary registration way regarding using this Service, separately specified on this Site, when Applicant For Use applies for Service, and register as User after accepting this Terms of Service. If Applicant For Use has registered as User, the Applicant For Use shall agree that he or she has continually accepted all of Terms of Service and related rules and notices.

3. The Operator conducts an examination based on the user registration in the preceding paragraph, and when the Operator approves the Applicant For Use application for this Service, the Operator shall give the Applicant For Use a qualification for use of this Service. Service Agreement shall be established between the User and the Operator at that time.

4. The Operator is eligible to not approve the application if the Applicant For Use is applicable to any one of the following matters. However, the operator shall not be obligated to approve the application for use of this Service even if the following matters are not met.

  • When using this Service, regardless of negligence or willful misconduct, if a description is different from the fact, such as other names or fictitious names used, a false description, an error, etc., or there are omissions,
  • When Applicant For Use uses this Service, if the Applicant For Use has received Suspension of Use for Service Measure (Except for cases under Article 7), such as User Registration Cancellation after the service contract was established,
  • If the Operator judges that providing services is inappropriate or impossible,

Article 6 (User Obligations)

1. User shall prepare telecommunications equipment and software as well as make a contract of telephone and Internet service provider, etc., for using this service, at his or her own expense and responsibility.

2. User shall be responsible for managing User Login Information and Verification Code. In addition, User shall not lend, transfer, change the name of, trade or pledge User Login Information and Verification Code, and shall not allow any third party to use it regardless of the method.

3. User shall be responsible for all actions and results after using this Service with his or her User ID. In addition, if User receives an inquiry or complaint from a third party regarding the use of this Service, the User shall deal with and resolve it at his or her own responsibility and expense.

4. Operator shall not be liable for any User’s damage suffered by other third parties using User Login Information and Verification Code, regardless of the User’s negligence or willful misconduct. In addition, the use of the Service made by the User Login Information and the Verification Code is regarded as the use of the User, and even if this Service is used by a third party, the User will be charged to all fees and other obligations.

5. If User causes damage to Operator or other third party by using this Service (including that the User caused s damage to Operator or third party due to the User’s breach of these Terms of Service.), the User shall deal with and resolve it at his or her own responsibility and expense. In addition, if Operator receives a claim for damages from another third party due to the User’s actions, the User shall compensate the Operator for damages and costs (including indirect damages and costs such as a reasonable lawyer’s fee) incurred to the Operator.

Article 7 (User Withdrawal)

1. User is entitled to cancel this Service Agreement through the method prescribed in this Site. The cancellation of this Service Agreement will be effective immediately, and the User will not be entitled to use the Service, and Operator will suspend or delete all User Disclosure Information of the User at the Operator’s discretion. In addition, the User shall accept in advance without objection that the Operator retains and uses the User Disclosure Information of the User and that the User shall not relieve all obligations, (including compensation for damages but not limited to,) to the Operator and other third parties, even after the termination of this Service Agreement.

2. In the case of the preceding paragraph, the Operator is entitled to delete the User ID of the User at the Operator’s discretion. In addition, the Operator shall not be liable for any damages caused to Users and other third parties due to cancellation of this Service Agreement based on this Article.

Article 8 (Prohibited Matters)

When User uses this Service, the User must not perform any actions of the following matters that apply or may apply. In addition to these Terms of Service, the User shall comply with the provisions, individual provisions, and additional provisions, separately defined by the Operator, when the User uses this Service.

1. Acts violating the Act on the Protection of Personal Information (specific examples as follows)

Disclosure of information related to personal privacy. Real name / address / phone number and personally identifiable information (e-mail address, license plate, etc.) This Site also prohibits posting your personal information.

2. Acts violating the Financial Instruments and Exchange Act or the Securities and Exchange Act (specific examples as follows)

  • Spread of rumors (such as information that is not clearly false but has no rational basis)
  • Spread that fluctuates the market price of listed securities by the operation of himself / herself or others
  • Acts writing contents disclosed to others, posting information before open to the public (Insider Information) by trading parties, insiders, etc., impeaching or suppressing.

3. Infringement on copyright (specific examples as follows)

Acts posting magazines, free papers, newspapers, books, lyrics, articles from other sites, etc.

4. Infringement of publicity rights (specific examples as follows)

Acts using the names and portraits of stars and celebrities for the purpose of gaining economic benefits by third parties

5. Infringement of intellectual property rights or industrial property rights (patent rights, trademark rights, etc.).

6. Infringement of portrait rights, personality rights, privacy rights or any other rights

7. Acts violating or conflicting with the Public Offices Election Act (specific examples as follows)

Pre-election campaigns, campaigns, similar acts or acts conflicting with the Public Offices Election Act.

8. Acts actually or likely to be contrary to public policy.

9. Acts actually or likely to be contrary to other laws and codes.

10. Acts making false declarations or notifications by registering other people’s personal information, etc., to register on this Site

11. Acts soliciting for religious activities, political, campaigns, awareness campaigns, or antisocial groups.

12. Libel, slanders to individuals or legal entities, infringement of honor, or seems to do so.

13. Acts that may disrupt the operation of corporations.

14. Criticism against other sites

15. Harassment, provocation, or any act likely to cause such harassment, provocation, (including threatening, commanding tone, fighting tone, or yelling) against other Users

16. Commercial advertisement not authorized by this Site, or any acts likely to cause such commercial advertisement

17. Sales activity or commercial activity, or acts preparing such sales activity or commercial activity.

18. Acts posting job-offer, job-seeking, or job-related information

19. Goods sold through this Site (including personal trading, transfers, recruitment), goods bartered (ticket exchange, or scalping), auctions, etc.

20. Acts using this Site for investigation by business owners (regardless of individuals and corporations)

21. Posting of contents or images, or creating communities, that have obscenity, violence, grotesques, problems for people under 18 years old to browse (adult-entertainment, gambling, etc.)

22. Posting content or images that other Users may find uncomfortable

23. Acts that induce sexual intercourse such as prostitution, or encounters for obscene acts.

24. Ethical and racial discrimination

25. Discounts, introductions, introduction request, or donation collection by using this site

26. Posting affiliate external link or sending a message

27. Collecting signatures or soliciting for network businesses such as pyramid schemes, multilevel marketing transactions, etc., or dating sites.

28. Acts likely to beautify, induce, or promote criminal acts, suicide, self-harm, drug abuse, legal violations, etc.

29. Potential criminal activity or any acts recognized as crime

30. Acts recognized as those who want to kill oneself or suicide notice

31. Acts litigated or likely to be litigated in the future

32. Using this Site to search for missing persons, animals, goods, etc.

33. Chain mail (such as “Please contact family / acquaintances”) or any act likely to be chain mail.

34. Impersonation (such as naming someone else)

35. Act transferring or trading User Login Information

36. Multi-posting (Writing duplicate), creating duplicate thread or continuous posting using the system

37. Self-made acts (including the act of acquiring multiple User IDs as a precondition)

38. Posting false statements or suspicious content

39. Posts likely to be meaningless, not clear, or test (including blanks)

40. Posts having combined characters, cipher text, or any posts recognized as such.

41. Post containing emoticons, emojis, meaningless line breaks, etc. across multiple lines

42. Acts increasing PV (page views) due to excessive reloading and system accessing.

43. Acts disrupting the operation of this Site or the network system

44. Unauthorized access or the use of Service on this Site by operating methods that have not been officially disclosed (acts using other User Login Information and Verification Code, or illegally controlling the content of voting and the number of coins earned, and earning revenue)

45. Acts using or providing harmful programs such as computer viruses or any act likely to cause such use or provision.

46. ​​Acts warning from User to User (Do not warn between Users because Operator warn of violations to User)

47. Posts by those who have previously slandered, who have repeatedly violated the Terms of Service, or who are reasonably suspected of such

48. Acts collecting and storing other Users’ personal information

49. Posts expecting to write up to the previous issue

50. Any other act that the operator judges as problematic or that is likely to cause a problem in the future

Article 9 (Suspension of Open to public)

1. If a User is found to fall under any of the following matters, Operator shall temporarily suspend the User Disclosure Information of the User at the Operator’s discretion without any User’s acceptance, until the Operator determines that the following matter has been resolved. In addition, the User shall accept such in advance without any objection.

  • In “Chat”, etc., as a user’s voice, if the prohibited matters described in Article 8, such as acts actually or likely to be contrary to public policy, criticism and slander to others, acts violating the Act on the Protection of Personal Information, etc, are done,
  • If there is a claim from a third party,

2. In the case of Paragraph 1, Operator shall notify the User that he or she will remove the matter that violates Article 8 within a certain period determined based on the discretion of the Operator. The User shall voluntarily modify or delete the User Disclosure Information in order to eliminate any reason that may violate Article 8 or to avoid the possibility of such violation in accordance with such notification within the relevant period.

3. When the reason for the possibility of violating Article 8 is removed within the certain period as described in Paragraph 2, but if the Operator do not judge that the possibility of violating Article 8 is removed, or if the User do not voluntarily remove the User Disclosure Information, the Operator shall notify the User and modify or delete the User Disclosure Information. Therefore, the Operator judges that the User Disclosure Information does not violate Article 8. The User shall not exercise the moral rights to the modification and shall not object to this.

Article 10 (Suspension or cancellation of User ID)

1. If User is found to fall under any of the following matters, Operator is entitled to suspend User ID and delete User Disclosure Information at the Operator’s discretion, and the User accepts this in advance without any objection.

  • If it is judged that there is an act that violates Article 6 (User Obligations),
  • If it is judged that there is an act that violates Article 8 (Prohibited Matters), In particular, if there is a matter related to a prohibited matter of “Chat”, the matter will be strictly dealt with.
  • If it is judged that it is necessary for operation and maintenance management,
  • If unauthorized use of the payment method specified by the operator is found,
  • If the settlement of the applicant is suspended or invalidated by the payment service company, specified by the Operator,
  • If a minor uses this Service without the permission of a legal representative,
  • If a ward, warrantee, or person under assistance uses this Service without the permission of a guardian, curator, assistant, etc.,
  • If the Operator determines that there are any other inconvenient reasons similar to the preceding matters.

2. If the Operator suspends the User’s qualification based on the preceding paragraph, the Operator is entitled to cancel this Service Agreement of the User by notifying in a prescribed manner, unless the Operator does not certify that there is no serious error in the Operator’s judgment regarding the suspension of the User’s qualification within one year from the date of suspension.

3. If the User who received the suspension of User’s qualifications in accordance with Paragraph 1 of this article has received a notification for a fixed period from the Operator, but the reason is still not resolved, the Operator is entitled to cancel this Service Agreement by notifying in a prescribed manner.

4. Regardless of Paragraph 3 of this Article, if the User falls under any of the reasons prescribed in Paragraph 1 of this Article and the Operator determines that the business operation will be interfered, the Operator is entitled to cancel this Service Agreement without waiting for the period and any notice in advance and the User shall accept this without any objection.

5. In the case of Paragraph 1 or Paragraph 4 of this article, the Operator is entitled to delete the User ID of the User at the Operator’s discretion. In addition, the User shall accept in advance without any objection that the Operator will retain and use the User Disclosure Information in accordance with the method specified in Article 11 and all obligations and indebtedness to the Operator and other third parties after the termination of this Service Agreement (including compensation for damages but not limited to,).

6. If the same User has registered as multiple users and obtained multiple User IDs, and any of the User IDs of the User is suspended or this Service Agreement is cancelled based on Paragraph 1 of this Article, the Operator is entitled to immediately stop using the User IDs of Service that the User has or that the same User that the operator has determined to be, has.

7. The Operator shall not be liable for any damage caused to the user or other third parties due to the cancellation of this Service Agreement, or any act accompanying such, based on this section.

Article 11 (Management of Personal Information and User Registration Information)

1. The Operator shall appropriately manage personal information, User Registration Information and other information related to Users, based on the “Privacy Policy” separately described on this Site.

2. Based on the “Privacy Policy”, the Operator is entitled to entrust outsourcing contractors to manage personal information, User Registration Information, and other information related to Users to a necessary extent.

Article 12 (Return of Acquired Bitcoin)

If User does not log in for six months, Operator is entitled to lose User’s right to transfer the User’s acquired bitcoin to User and is entitled to return the bitcoin to the Operator, at the Operator’s discretion. In addition, the Operator shall not be liable for any damage caused to the user and other third parties due to the extinction of the right to remit the acquired bitcoin under this section or due to the return of bitcoin under this section.

Article 13 (Management of User Disclosure Information)

1. Operator is entitled to set all or part of User Disclosure Information not open to public or delete User Disclosure Information without prior notice and consent from User at the Operator’s discretion.

2. Based on the Operator’s discretion, the Operator shall check the content that the user has sent for Service, before posting, and is entitled to take restrictions on posting if the Operator determines that the content violates these Terms of Service.

3. User has intellectual property rights (including design rights, copyrights, trademark rights, etc., but not limited to) regarding User Disclosure Information, and the right holder legitimately allows the User to use it, and guarantees that the User legally uses the intellectual property rights. If there is an event where a third party makes an objection to User Disclosure Information, the Operator shall not be liable for the event.

4. The User shall be liable for all consequences including physical and mental damage caused by User Disclosure Information and its data, regardless of negligence or willful misconduct.

5. At the Operator’s discretion, the Operator is entitled to use, such as copy, translate, etc., User Disclosure Information not only within the Service, but also for any purpose and place, edit and modify it, provide it to a third party, investigate the content, use it for advertising activities of this Service and of services other than this Service, edit it, publish it in combination with advertisements of this Service and of services other than this Service, and permit third parties to do such.

6. The third party authorized by the Operator is entitled to do the acts, described in the preceding paragraph without any notification to User. In addition, any compensation or payment for such acts shall not be required to the User. The User shall accept such acts without any objection in advance, exempt any third party authorized by the Operator from any responsibility of the acts, and shall not exercise the moral rights of the author.

Article 14 (Change, interruption, cancellation, addition and abolition of this Service)

1. Operator is entitled to change, add or abolish all or part of the contents of this Service without notifying Users in advance.

2. The Operator is entitled to stop providing or operating all or part of this Service at the Operator’s discretion. In addition, if the Operator stops providing or operating all or part of this Service at the Operator’s discretion, the Operator shall notify Users in an appropriate way, judged by the Operator. However, in case of emergency, the Operator may not notify Users.

3. The Operator is entitled to temporarily suspend all or part of this Service without notifying Users in advance if any of the following matters arises.

  • If there is regular or urgent maintenance or repairs related to hardware, software, communication equipment, etc. for this Service,
  • If telecommunications carrier services are not provided,
  • If it is difficult to provide this Service due to inevitable accidents such as natural disasters
  • If it is difficult to provide this Service due to a fire, blackout or other accident,
  • If it is difficult to provide this Service due to war, conflict, turmoil, riot, labor dispute, etc.
  • If bitcoin or other cypto currency is impossible to be provided,
  • If other cases where the Operator judges as necessary according to the preceding matters,

4. The Operator shall not be liable for any damages or other responsibilities due to changes, interruptions, cancellations, additions and abolitions, etc., as defined in Paragraph 1 or 3 of this Article to Applicants For Use or third parties.

Article 15 (Copyright Attribution, etc.)

1. In this Service, Contents provided by Operator to User, the copyrights and other intellectual property rights related to the content posted by User on this Service belong to the Operator or the licensor licensed by the Operator, and User shall not allow third parties to use Contents or publish Contents without the permission of the Operator or the licensor. In addition, User shall not use Contents beyond the scope of private use, specified in the Copyright Act.

2. If a problem arises in violation of the provisions of this Article, User shall solve the problem at his / her own expense and responsibility, and shall not cause trouble or damage to the Operator or a third party.

3. This Service is provided in Japan, and the Operator shall make no guarantees or take any responsibility for the intellectual property rights of the right holders outside Japan.

4. Trademarks, logos, service marks, etc., (collectively referred to as “trademarks”) displayed on this Site are registered or unregistered trademarks of the Operator or third parties. The Operator does not assign or permit the use of the trademark to Users or other third parties under the Terms of Service, and the Users shall not exercise the trademark registration rights for unregistered trademarks on this Site. In addition, Users shall not register patent rights, utility model rights, design rights, and trademark rights (including rights to receive patent rights and utility model rights) related to this Service, shall not apply for transfer of copyrights (including program rights, document rights, rights of routine, module, etc.), or shall not exercise such rights.

Article 16 (Revision of Terms)

If Operator judges as necessary, the Operator shall change, add, delete, etc. this Agreement or these Terms of Service by posting notifications on this Service, without prior notice or consent to User, and. when such notifications regarding changes, additions, deletions, etc., are posted on this Service, such changes, additions, deletions, etc., are applied. In addition, if User continues to use this Service after the notification is posted by the Operator, the User shall accept these changes / additions / deletions.

Article 17 (Governing Law)

These Terms of Service and all legal matters related to this shall be governed by the laws of Japan. These Terms of Service shall be construed in accordance with the laws of Japan.

Article 18 (Jurisdiction)

If any dispute arises out of or in connection with this Service between the Operator and Users, both the Operator and Users shall negotiate in good faith, and any dispute shall be subject to the exclusive jurisdiction of the Tokyo District Court or Tokyo Summary Court in the first instance..