Terms of Service

  • Article 1 (Application)
    • These Terms of Use (hereafter “Terms”) govern all use of the Pubcen service (hereafter, “Service”) provided via Pubcen Inc.’s (hereafter, “Pubcen”) official website, and constitute an agreement between Members and Pubcen.
    • You must agree to these Terms to use the Service.
    • You must be 13 years of age or older to use the Service.
    • A minor who wishes to use the Service must have the consent of a legal representative to do so. When a minor agrees to these Terms, that minor is considered to have received the consent of their legal representative.
  • Article 2 (Definitions)
    • Terminology used in these Terms are to be understood as follows.
      • Website: the official website of Pubcen(https://polaris.pubcen.com/
      • Service: the “Pubcen” service provided on the official website, and all other services therein offered.
      • Member: an individual who has officially registered for the Service and attained member status.
      • Trial Member: a Member given free Premium Member access for a limited period determined by Pubcen (hereafter, “trial period”).
      • Free Member: a Member reverted to free services determined by the Pubcen after his/her trial period has ended.
      • Premium Member: a Member who has completed all procedures determined necessary by Pubcen to register as a Premium Member.
      • Content: all texts, articles, images, videos, etc., that a member has created using the Service via the aggregation of data from third-party SNS (Social Networking System) cloud services.
  • Article 3 (Registration)
    • Individuals who wish to use the Service must submit all information needed register a new Member according to procedures determined by Pubcen outside of these Terms. If the submitted information passes screening, then the individual will acquire member status.
    • Pubcen reserves the right to deny Member registration if it is deemed likely to obstruct operation and administration of the Service.
    • An individual who has obtained member status must abide by these and any other rules established by Pubcen on the Website. Those individuals agree to the following stipulations with regards to Member information or the change thereof.
      • Upon registering or changing Member information, all information submitted must be up-to-date, complete, and accurate.
      • If Pubcen finds any Member information to be false or inaccurate, it shall revoke that Member’s member status without advance notice or consent.
      • Pubcen shall not be responsible for any damages borne by an individual as the result of his/her registered Member information.
    • Members may register using Facebook, Google, or other third-party credentials.
    • If a Member choose to authorize a third-party SNS service, Member IDs and passwords shall be managed in accordance with the corresponding SNS service’s terms, and Pubcen shall not be responsible for the management of such information.
  • Article 4 (Connector)
    • Acquisition of content
      • Members agree to allow Pubcen to access content associated with their own third-party cloud service accounts.
      • Members agree to also allow Pubcen access to content saved on connected cloud accounts which are yet to be published.
    • Deletion of Content
      • All Member content shall be deleted after a pre-determined period after termination of member status, whether voluntary or otherwise.
      • Content already gathered from a third-party cloud service shall not be deleted from Pubcen even if the connection to the third-party service is severed.
      • Pubcen may utilize or share Member information with third parties. However, the information shall be used anonymously in such a way that the original Member cannot be identified as an individual (and furthermore, in such a way that the individual cannot be identified by cross-referencing other information available outside of Pubcen’s databases).
      • If a Member violates or is suspected to have violated any of these Terms, his/her contents shall be immediately deleted from the Website without notice or consent.
  • Article 5 (Fees and Method of Payment)
    • An individual will become a Premium Member after registering the necessary information in the official forms provided by Pubcen.
    • In exchange for the Service, a Premium Member must pay the necessary fees as detailed on the Website via a payment method approved by Pubcen.
    • The equivalent sum of all consumption taxes and regional consumption taxes (hereafter, “consumption taxes, etc.”) shall be charged in addition to the standard service fees for residents of Japan. All features of the Service are subject to taxation, and such taxes shall be calculated after the total sum of Member fees for an individual contract have been determined. Furthermore, consumption taxes, etc. shall be calculated using the legal rate valid at the time of calculation.
    • Refunds shall not be given to Premium Members who cancel their contract before the contract term has terminated.
    • Members who make late payments shall be charged a late fee of 14.6% of their monthly fee.
  • Article 6 (Member Rights and Obligations)
    • The rights to use the Service are only given to individuals who have been recognized and approved as Members by Pubcen. Furthermore, a Member cannot transfer or confer their Member rights and obligations to a third party.
    • Members are solely responsible for managing email addresses, passwords, etc. that they have registered on their account. Under no circumstances may a Member transfer or confer such information to a third party.
    • Pubcen deems activity from an individual who has logged in with a registered Member’s valid email address and password to be that individual Member’s activity. As such, Pubcen shall not be held responsible for any damages whatsoever that result from unauthorized use of login credentials.
    • If a Member believes his/her email address and password have been stolen and are being used by a third party, that Member must report this immediately to Pubcen via the proper channels and procedures, and must furthermore comply with any and all instructions Pubcen gives thereafter.
  • Article 7 (Notifications)
    • Excepting cases where procedures dictate otherwise, notifications to Members shall be conducted via email, the Site itself, or any other means deemed appropriate by Pubcen.
    • Email notifications mentioned in the above Paragraph shall be sent to the email address registered when initially signing up for the service in accordance with the procedures in Article 3, or to the most recently updated address on record for a given Member.
    • Notifications conducted on the Website shall be considered delivered from the point at which the notification is displayed on the Website. As such, Members must regularly check their registered email address and the Website itself to confirm the content of these notifications.
  • Article 8 (Information Provided to Members)
    • Pubcen regularly sends Members email promotions for services and explanations of how to use certain features. Members may, however, unsubscribe to such messages by following the proper procedures.
  • Article 9 (Preparation and Expenses)
    • Members must bear all costs associated with the attainment of hardware, software, communication devices, communication services, etc., which are required to use the Service, as well as the cost of electricity, mobile data, and internet bills that may be affected by use of the Service.
  • Article 10 (Prohibitions)
    • Members must not partake in any of the following conduct.
      • Conduct that violates national, regional, or any other applicable laws, or which is of an unethical or immoral nature.
      • Criminal activities, conduct connected to criminal activities, or any conduct which may be construed as such.
      • Conduct that constitutes the damage or interference of Pubcen’s server and/or network functions.
      • Conduct that may interfere with Pubcen’s Service.
      • Conduct that infringes upon the Copyrights and/or privacy of other Members, third parties, or Pubcen.
      • Impersonating another Member.
      • Slander or verbal abuse of other Members, third parties, or Pubcen.
      • Conduct that would lose Pubcen’s confidence.
      • Conduct with connections to Pubcen’s Service that takes advantage of anti-social forces to reap individual profit, whether directly or indirectly.
      • Transferring, selling, or reselling the Service without authorization.
      • Using manual or automated methods (Internet bots, robots, web crawlers, web scrapers, etc) to collect information from the Website or the Pubcen application.
      • Business activities using all or any part of the Website or the Pubcen Application (including all forms of use, such as general use, replication, recreation, replication of images, sales, resale). This rule does not apply if a Member has permission from Pubcen.
      • Publicly posting another individual’s personal information (including but not limited to photographs, phone numbers, credit card information, etc.) using the Website or the Pubcen application.
      • Scanning the Service’s system and/or network for weaknesses, or breaching security or authentication protocols.
      • Rendering inoperative or ignoring technical measures implemented by Pubcen or its internet provider, or obtained from a third party for the purpose of maintaining the Website and/or the Pubcen application.
      • Decoding or analyzing any and all software used to administer the Service, Website, and application.
      • Other conduct deemed inappropriate by Pubcen.
    • If a Member violates these rules, resulting in damages to Pubcen or a third party, or resulting in conflicts with third parties, the offending Member shall lose Member status and bear all legal responsibility. Pubcen shall bear absolutely no responsibility for such losses or disputes.
  • Article 11 (Cancellation and Suspension / Termination of Member status)
    • Members who wish to cancel their service must report this intention via the proper channels.
    • Upon cancellation of a membership, access to the Service shall be immediately terminated.
    • Individuals who cancel their Premium Membership contract but do not cancel their membership will be converted to a Free Member account.
    • Even after cancellation of an account, the user history of a Premium Member shall remain in our databases for a predetermined period.
    • Personal information of former Members who have cancelled their memberships shall be handled in accordance with the dictates of Article 17.
    • Pubcen reserves the right to suspend access to the Service or to revoke Member status without notice or warning if a Member fails to pay obligations or violates items (1) or (17) of the preceding Article.
    • Pubcen reserves the right to suspend access to the Service or to revoke Member status without notice or warning if a Member is found to be guilty of any of the following.
      • The Member: represents a gang, is a gang member, or has been a gang member at any time within the past 5 years; is associated with a gang, represents a company associated with a gang, or is an extortionist, or otherwise functions as a public mouthpiece for or a representative of an organized crime syndicate; or is otherwise a member or associate of such organizations (hereafter, “gang member, etc.”).
      • The Member has donated or lent funds or capital, provided labor to, or is otherwise involved in any sort of transaction with a gang member, etc.
      • The Member is connected with a gang member, etc., or any other socially abhorrent entity.
    • Under certain applicable circumstances, a Member shall still be held to these Terms even after Service has been suspended, regardless of the reason for suspension.
  • Article 12 (Changes, Termination, etc.)
    • Regarding the operation and administration of the Service, Pubcen reserves the right to change, limit, temporarily suspend, or terminate the Service or any part of the Service without Members’ consent under the following circumstances.
      • Sudden maintenance or repairs are necessary due to system malfunctions or bugs, or damage to equipment needed to operate and administer the Service to customers.
      • Operating and administering the Service is rendered difficult due to war, violence, rioting, labor strikes, natural disasters, fires, power outages, or other emergency situations or unavoidable circumstances.
      • Operational or technical issues make such action necessary.
    • Even in circumstances other than those described in the above section, Pubcen reserves the right to exercise its own discretion to change, limit, temporarily suspend, or terminate the Service or any part of the Service without Members’ consent.
    • Pubcen assumes no responsibility to Members when it changes, limits, temporarily suspends, or terminates the Service or part of the Service.
  • Article 13 (Disclaimer)
    • Upon using the Service, Members agree to bear all responsibility for any damages that may result from the use of the Service, with the understanding that Pubcen shall bear absolutely no such responsibility.
    • The Service is limited to the scope of what Pubcen expressly states in these Terms and the Website, and Pubcen assumes absolutely no further obligations to Members.
    • Pubcen is not responsible for any disputes that arise between Members or between Members and third parties.
    • Pubcen assumes no obligation to change or alter the Service if a Member wishes to use hardware, equipment, or software that is incompatible with the Service.
    • Pubcen is not responsible for the loss or damage of content created with the Service, even if the loss or damage is due to defects or deficiencies in the Service itself.
    • If a Member who has selected the option of logging in via third-party SNS verification is unable to access that SNS account, or is directly blocked from accessing the account by the SNS provider, that Member will be unable to log into the Service. Pubcen bears no responsibility whatsoever in such a situation.
    • Pubcen has no responsibility regarding continuation of the Service if API services provided by a separate company are suspended, altered, or terminated, rendering Pubcen’s Service or certain functions of that Service unusable.
  • Article 14 (Disclaimer of Warranties)
    • Pubcen makes no guarantee regarding any of the following.
      • That the Service will function as a Member demands
      • That the Service will not be altered, suspended, or cancelled
      • That the Service is free of technical or legal defects
      • That the information gathered by the Service is accurate and reliable
      • That information sent and/or received via the Service will be saved on or displayed on a Member’s device, nor that sent information will be received or displayed on the recipient’s device
      • Malfunctions that arise in the retrieval and updating of content due to connection problems between the Service and the systems of third-party companies
  • Article 15 (Compensation for Damages)
    • In the event of damages to Pubcen or a third party in relation to the use of Pubcen’s Service, the Member involved shall be liable for the costs associated with the compensation of damages.
    • In the case of damages to a Member as the result of his/her use of Pubcen’s Service and for which Pubcen is responsible, Pubcen shall offer compensation for damages to be capped at the equivalent of one month’s service fees. Yearly subscribers will be compensated at a rate no higher than the monthly average of their yearly fee.
  • Article 16 (Attribution)
    • All rights (including privacy rights, publicity rights, copyright, authorial rights, and intellectual property rights) pertaining to content created by a Member with Pubcen’s Service, shall be retained by the Member or third party that created the content. These rights cannot be transferred to Pubcen.
    • The copyrights to characters created by Pubcen that appear on the Website as part of the Service, as well as any other such intellectual property rights, belong to Pubcen, and Members may not use those properties without permission.
    • All copyright and intellectual property rights pertaining to the Service belong to Pubcen, even if changes are made to the Service based on proposals submitted by Members.
  • Article 17 (Use of Personal Information and Disclosure to Third Parties)
    • Pubcen shall handle personal information appropriately in accordance with our Privacy Policy.
    • Pubcen uses personal information to provide the best service and pertinent information to its Members.
    • Members who have agreed to these Terms simultaneously agree to the Privacy Policy.
    • Pubcen shall retain modified Member information from which individuals cannot be identified, even after a Member has cancelled his/her service.
    • Pubcen shall not disclose Member information to third parties without advance Member consent, except in the following circumstances.
      • Pubcen shares modified data from which individuals cannot be identified in aggregate form to show potential partners or advertisers general usage trends.
      • Pubcen discloses personal information to a company for the purpose of transferring operation of the Service to that company, etc.
      • It is necessary to share information to aid a government official or representative who has been directed to execute a legal action.
      • It is necessary to share personal information to protect an individual’s life, body, or assets, and it is difficult to obtain the individual’s consent.
      • A Member has violated the Terms that may result in damages to Pubcen or a third party, and it is necessary to disclose the Member’s personal information to prevent such damages.
      • Any other disclosures Pubcen has sufficient reason to believe are necessary to provide its Service.
      • Pubcen has determined that a Member has caused losses to a third party.
  • Article 18 (Changes and Additions to the Terms)
    • Pubcen reserves the right to make changes or additions at its own discretion to these Terms or any part therein without Member consent.
    • In accordance with Article 6, Pubcen shall notify Members of any changes or additions made to these terms. Furthermore, in using the Service after these Terms have been updated, a Member thereby agrees to the updated terms. Pubcen is in no way responsible for any damages or losses that result in a Member’s failure to understand updated terms.
  • Article 19 (Court of Jurisdiction)
    • All disputes between Pubcen and Members are to be negotiated in good faith between the relevant parties. However, in the case that the two parties cannot come to a resolution on their own, the court with jurisdiction over Pubcen’s headquarters shall have exclusive jurisdiction for the first instance of any legal dispute.
    • Even in the case that part of these Terms are rendered invalid due to mandatory legal provisions, all other parts remain valid.
[Supplementary Provisions]
Enacted October 2017