Last updated: July 07, 2020

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the

following conditions.

The following definitions shall have the same meaning regardless of whether they appear in

singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Application means the software program provided by the Company downloaded by

You on any electronic device, named Pop It

Application Store means the digital distribution service operated and developed by

Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the

Application has been downloaded.

Affiliate means an entity that controls, is controlled by or is under common control

with a party, where "control" means ownership of 50% or more of the shares, equity

interest or other securities entitled to vote for election of directors or other

managing authority.

Account means a unique account created for You to access our Service or parts of

our Service.

Company (referred to as either "the Company", "We", "Us" or "Our" in this

Agreement) refers to Pop It Ltd., Yokohama Japan 246-0022.

Content refers to content such as text, images, or other information that can be

posted, uploaded, linked to or otherwise made available by You, regardless of the

form of that content.

Country refers to: Japan

Device means any device that can access the Service such as a computer, a cellphone

or a digital tablet.

Feedback means feedback, innovations or suggestions sent by You regarding the

attributes, performance or features of our Service.

In-app Purchase refers to the purchase of a product, item, service or Subscription

made through the Application and subject to these Terms and Conditions and/or the

Application Store's own terms and conditions.

Promotions refer to contests, sweepstakes or other promotions offered through the

Service.

Service refers to the Application.

Subscriptions refer to the services or access to the Service offered on a subscription

basis by the Company to You.

Free Trial refers to a limited period of time that may be free when purchasing a

Subscription.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions

that form the entire agreement between You and the Company regarding the use of

the Service.

Third-party Social Media Service means any services or content (including data,

information, products or services) provided by a third-party that may be displayed,

included or made available by the Service.

You means the individual accessing or using the Service, or the company, or other

legal entity on behalf of which such individual is accessing or using the Service, as

applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement

that operates between You and the Company. These Terms and Conditions set out the rights

and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance

with these Terms and Conditions. These Terms and Conditions apply to all visitors, users

and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If

You disagree with any part of these Terms and Conditions then You may not access the

Service.

You represent that you are over the age of 18. The Company does not permit those under 18

to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and

compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our

policies and procedures on the collection, use and disclosure of Your personal information

when You use the Application or the Website and tells You about Your privacy rights and

how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Subscriptions

Subscription period

The Service or some parts of the Service are available only with a paid Subscription. You will

be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or

annually), depending on the type of Subscription plan you select when purchasing the

Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same

conditions unless You cancel it or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by

contacting the Company. You will not receive a refund for the fees You already paid for Your

current Subscription period and You will be able to access the Service until the end of Your

current Subscription period.

If the Subscription has been made through an In-app Purchase, You can cancel the renewal

of Your Subscription with the Application Store.

Billing

You shall provide the Company with accurate and complete billing information including full

name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic

invoice indicating that you must proceed manually, within a certain deadline date, with the

full payment corresponding to the billing period as indicated on the invoice.

If the Subscription has been made through an In-app Purchase, all billing is handled by the

Application Store and is governed by the Application Store's own terms and conditions.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any

Subscription fee change will become effective at the end of the then-current Subscription

period.

The Company will provide You with reasonable prior notice of any change in Subscription

fees to give You an opportunity to terminate Your Subscription before such change becomes

effective.

Your continued use of the Service after the Subscription fee change comes into effect

constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable.

Certain refund requests for Subscriptions may be considered by the Company on a

case-by-case basis and granted at the sole discretion of the Company.

If the Subscription has been made through an In-app purchase, the Application Store's

refund policy will apply. If You wish to request a refund, You may do so by contacting the

Application Store directly.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free trial for a limited

period of time.

You may be required to enter Your billing information in order to sign up for the Free trial.

If You do enter Your billing information when signing up for a Free Trial, You will not be

charged by the Company until the Free trial has expired. On the last day of the Free Trial

period, unless You cancelled Your Subscription, You will be automatically charged the

applicable Subscription fees for the type of Subscription You have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and

conditions of the Free Trial offer, or (ii) cancel such Free trial offer.

In-app Purchases

The Application may include In-app Purchases that allow you to buy products, services or

Subscriptions.

More information about how you may be able to manage In-app Purchases using your

Device may be set out in the Application Store's own terms and conditions or in your

Device's Help settings.

In-app Purchases can only be consumed within the Application. If you make a In-app

Purchase, that In-app Purchase cannot be cancelled after you have initiated its download.

In-app Purchases cannot be redeemed for cash or other consideration or otherwise

transferred.

If any In-app Purchase is not successfully downloaded or does not work once it has been

successfully downloaded, we will, after becoming aware of the fault or being notified to the

fault by You, investigate the reason for the fault. We will act reasonably in deciding whether

to provide You with a replacement In-app Purchase or issue You with a patch to repair the

fault. In no event will We charge You to replace or repair the In-app Purchase. In the unlikely

event that we are unable to replace or repair the relevant In-app Purchase or are unable to

do so within a reasonable period of time and without significant inconvenience to You, We

will authorize the Application Store to refund You an amount up to the cost of the relevant

In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting

the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the

Application Store from where you downloaded the Application and are governed by that

Application Store's own terms and conditions.

If you have any payment related issues with In-app Purchases, then you need to contact the

Application Store directly.

Promotions

Any Promotions made available through the Service may be governed by rules that are

separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our

will apply.

User Accounts

When You create an account with Us, You must provide Us information that is accurate,

complete, and current at all times. Failure to do so constitutes a breach of the Terms, which

may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for

any activities or actions under Your password, whether Your password is with Our Service

or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately

upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully

available for use, a name or trademark that is subject to any rights of another person or

entity other than You without appropriate authorization, or a name that is otherwise

offensive, vulgar or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to

the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly

perform, publicly display, reproduce, and distribute such Content on and through the

Service. You retain any and all of Your rights to any Content You submit, post or display on or

through the Service and You are responsible for protecting those rights. You agree that this

license includes the right for Us to make Your Content available to other users of the Service,

who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to

use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of

Your Content on or through the Service does not violate the privacy rights, publicity rights,

copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly

understand and agree that You are solely responsible for the Content and for all activity that

occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust,

threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such

objectionable Content include, but are not limited to, the following:

●Unlawful or promoting unlawful activity.

●Defamatory, discriminatory, or mean-spirited content, including references or

commentary about religion, race, sexual orientation, gender, national/ethnic origin, or

other targeted groups.

●Spam, machine – or randomly – generated, constituting unauthorized or unsolicited

advertising, chain letters, any other form of unauthorized solicitation, or any form of

lottery or gambling.

●Containing or installing any viruses, worms, malware, trojan horses, or other content

that is designed or intended to disrupt, damage, or limit the functioning of any software,

hardware or telecommunications equipment or to damage or obtain unauthorized

access to any data or other information of a third person.

●Infringing on any proprietary rights of any party, including patent, trademark, trade

secret, copyright, right of publicity or other rights.

●Impersonating any person or entity including the Company and its employees or

representatives.

●Violating the privacy of any third person.

●False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine

whether or not any Content is appropriate and complies with this Terms, refuse or remove

this Content. The Company further reserves the right to make formatting and edits and

change the manner any Content. The Company can also limit or revoke the use of the Service

if You post such objectionable Content. As the Company cannot control all content posted by

users and/or third parties on the Service, you agree to use the Service at your own risk. You

understand that by using the Service You may be exposed to content that You may find

offensive, indecent, incorrect or objectionable, and You agree that under no circumstances

will the Company be liable in any way for any content, including any errors or omissions in

any content, or any loss or damage of any kind incurred as a result of your use of any

content.

Content Backups

Although regular backups of Content are performed, the Company do not guarantee there

will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is

corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered

issues that may affect the backups of Content. But You acknowledge that the Company has

no liability related to the integrity of Content or the failure to successfully restore Content to

a usable state.

You agree to maintain a complete and accurate copy of any Content in a location

independent of the Service.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim

that Content posted on the Service infringes a copyright or other intellectual property

infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the

copyrighted work has been copied in a way that constitutes copyright infringement that is

taking place through the Service, You must submit Your notice in writing to the attention of

our copyright agent via email at [email protected] and include in Your notice a detailed

description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for

misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by

providing our Copyright Agent with the following information in writing (see 17 U.S.C

512(c)(3) for further detail):

●An electronic or physical signature of the person authorized to act on behalf of the

owner of the copyright's interest.

●A description of the copyrighted work that You claim has been infringed, including the

URL (i.e., web page address) of the location where the copyrighted work exists or a copy

of the copyrighted work.

●Identification of the URL or other specific location on the Service where the material

that You claim is infringing is located.

●Your address, telephone number, and email address.

●A statement by You that You have a good faith belief that the disputed use is not

authorized by the copyright owner, its agent, or the law.

●A statement by You, made under penalty of perjury, that the above information in Your

notice is accurate and that You are the copyright owner or authorized to act on the

You can contact our copyright agent via email at arr[email protected]. Upon receipt of a

notification, the Company will take whatever action, in its sole discretion, it deems

appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users),

features and functionality are and will remain the exclusive property of the Company and its

licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and

foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service

without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any

reason such assignment is ineffective, You agree to grant the Company a non-exclusive,

perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose,

sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or

controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy

policies, or practices of any third party web sites or services. You further acknowledge and

agree that the Company shall not be responsible or liable, directly or indirectly, for any

damage or loss caused or alleged to be caused by or in connection with the use of or reliance

on any such content, goods or services available on or through any such web sites or

services.

We strongly advise You to read the terms and conditions and privacy policies of any

third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability,

for any reason whatsoever, including without limitation if You breach these Terms and

Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to

terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and

any of its suppliers under any provision of this Terms and Your exclusive remedy for all of

the foregoing shall be limited to the amount actually paid by You through the Service or 100

USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its

suppliers be liable for any special, incidental, indirect, or consequential damages

whatsoever (including, but not limited to, damages for loss of profits, loss of data or other

information, for business interruption, for personal injury, loss of privacy arising out of or in

any way related to the use of or inability to use the Service, third-party software and/or

third-party hardware used with the Service, or otherwise in connection with any provision

of this Terms), even if the Company or any supplier has been advised of the possibility of

such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for

incidental or consequential damages, which means that some of the above limitations may

not apply. In these states, each party's liability will be limited to the greatest extent

permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects

without warranty of any kind. To the maximum extent permitted under applicable law, the

Company, on its own behalf and on behalf of its Affiliates and its and their respective

licensors and service providers, expressly disclaims all warranties, whether express,

implied, statutory or otherwise, with respect to the Service, including all implied warranties

of merchantability, fitness for a particular purpose, title and non-infringement, and

warranties that may arise out of course of dealing, course of performance, usage or trade

practice. Without limitation to the foregoing, the Company provides no warranty or

undertaking, and makes no representation of any kind that the Service will meet Your

requirements, achieve any intended results, be compatible or work with any other software,

applications, systems or services, operate without interruption, meet any performance or

reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider

makes any representation or warranty of any kind, express or implied: (i) as to the

operation or availability of the Service, or the information, content, and materials or

products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to

the accuracy, reliability, or currency of any information or content provided through the

Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of

the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or

other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on

applicable statutory rights of a consumer, so some or all of the above exclusions and

limitations may not apply to You. But in such a case the exclusions and limitations set forth

in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your

use of the Service. Your use of the Application may also be subject to other local, state,

national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the

dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of

the law of the country in which you are resident in.

United States Federal Government End

Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that

term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the

United States government embargo, or that has been designated by the United States

government as a "terrorist supporting" country, and (ii) You are not listed on any United

States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be

changed and interpreted to accomplish the objectives of such provision to the greatest

extent possible under applicable law and the remaining provisions will continue in full force

and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an

obligation under this Terms shall not effect a party's ability to exercise such right or require

such performance at any time thereafter nor shall be the waiver of a breach constitute a

waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to

You on our Service. You agree that the original English text shall prevail in the case of a

dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If

a revision is material We will make reasonable efforts to provide at least 30 days' notice

prior to any new terms taking effect. What constitutes a material change will be determined

at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree

to be bound by the revised terms. If You do not agree to the new terms, in whole or in part,

please stop using the website and the Service.

If you have any questions about these Terms and Conditions, You can contact us:

By email: arr[email protected]

By visiting this page on our website: www.popitteam.com