1. Your Acceptance
3-1 The Company will provide the Users with necessary information from time to time by means of notification that The Company considers, in its sole discretion, reasonable such as sending an e-mail, posting on the Service website etc.
3-2 The notifications mentioned in the Article 3-1 will be effective and enforceable on the date such notifications are sent or posted on the Service website.
Minors can use the Service only after acquiring consent from their legal representatives such as parents.
5-1 In order to use the Service, the User needs to register for the Service and provide true, accurate, current and complete self-information in accordance with the registration form.
5-2 Upon accepting the User’s registration, The Company will provide the User with a set of User ID and password for the Service.
5-3 The Company can at any time suspend the User’s account when The Company reasonably believes that the User failed to provide true and accurate data.
6. Account and Password Security
6-1 The User shall be fully responsible for the security of the User ID and password including but not limited to damages, losses and/or expenses from being used in error or wrongfully used.
6-2 The User shall notify The Company of any unauthorized use of the User’s ID or password immediately after recognizing such use and follow The Company’s instruction, if any, in order to prevent the User’s ID and password from being used wrongfully.
6-3 The User shall be fully responsible to manage and store all data of photographs, information, text, images, graphics, data or other materials (the “Content”) they have created on their own responsibility. The company shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service. The User shall be solely responsible for creating back-ups of their Content.
7. Photo Publishing
Photos of the user, props made by the user, photos taken or edited/collaborated by the user, and photos of the user's likeness posted with permission from other users may be uploaded to this website. (Below, these specified photos will be referenced as “submitted photos”)
However, the creation and processing of the photograph which was uploaded to our service cannot be uploaded by users other than the user/subject photographed, photographer, post-processor/editor, and related persons directly involved in the creation of that photograph. (Below, these specified people will be referenced as “directly involved persons”)
If any of the directly involved persons request for any submitted photos to be removed, they have the right to remove the photos from our service.
The following conducts are prohibited on the Service. The User agrees that the Company may remove or delete the Use’s account, the User’s profile data and/or any images that the User has uploaded and prohibit future use of the User. In addition, the Company shall not responsible to salvage the removed images.
- Infringement or possible infringement of intellectual property rights such as copyright or design right of the Company or a third party;
- Reprinting of image data from this site without the creator's permission;
- Violation or infringement of any property, privacy or copyright of the Company or a third party;
- Conducts that discriminate unfairly or slander of the Company or the Third Party, encourage of discrimination against the Third Party, or damage their reputation or credibility;
- Posting the following images and information;
- Information that slanders any Posted Images maintained on the Service;
- Information identifying the name, address, work place, telephone number of the contributor (Including the case one can identify by checking through the posted images);;
- Images and information that its veracity is difficult to confirm, or deceptive content;
- Any other images and information that the Company has determined to be inappropriate;
9. Rights to image data
The Users who posts the Posted Images on the Service shall assure that the Posted Images do not violate any right of a third party. In case any disputes such as violating any right of a third party occure on the Posted Images, the User must solve the dispute at the User’s responsibility and expense and the Company will not be held responsible. The user shall not harm the Company whatsoever.
10. Intellectual Properties
10-1 The Company owns all copyrights and other intellectual property rights in the software etc. provided by the Company in relation to the Service (the “Software”). The Company grants the User the non-exclusive right to use the Software only for the purpose of using the Service. The User shall n not reproduce, copy, modify, translate, create a derivative work from, reverse engineer, decompile or reverse assemble the Software without obtaining prior written approval from the Company.
10-2 The User agrees to grant the Company the royalty-free and perpetual right, in related to the Posted Images, to modify, copy, revise, alter (including but not limited to resize and change the brightness of the photograph) or sublicense of such rights to the extent that the Company may deem necessary (“Modification”). When the Company use information of the Content, the name or part of the information displayed can be omitted.
10-3 The User agrees not to exercise the moral right of the Posted Images, nor to have the author exercise the moral right of the Posted Images, when The Company exercises the license in accordance with the Article 9-2 above.
The Company shall not be responsible for storing the Posted Images in the Service. Therefore, the User should always have the back-ups of such photographs.
12. Suspension of the Service
The Company may temporarily cease the provision of the Service without prior notification to the User when the following events occurred;
- When the facilities of the Service are during maintenance;
- When the facilities of the Service are in failure;
- When the telecommunication provider fail to provide the service; or
- When The Company considers it necessary.
13. Termination of the Service
13-1 The Company may, at any time, modify or cease all or part of the Service. 13-2 The Company will delete all or part of the Posted Images upon termination of the Service. The User cannot request The Company to return such Posted Images.
14. User’s Information
14-1 The Company may collect the User’s information including name, gender, User ID, password, mail address, IP address, access history (“User’s Information”). The Company will manage such User’s Information properly and use such User’s Information for the following purposes:
- For identification or to prevent fraudulent use;
- To introduce The Company’s products or services;
- To provide information in relation to the Service;
- To analyze such personal information for the purpose of improving the Service;
- To provide advertisement in regard to The Company or its business partners;
14-2 The Company may provide a third party with User’s Information in the following circumstances:
- When The Company provides certain business partner with User Information to the extent that the business partner needs to know such User’s Information in order to implement the business in relation to the Service entrusted by The Company, only after The Company has imposed on the business partner an obligation, in a contract etc., to manage such User’s Information properly; or
- When The Company provides the result of the analysis of User’s Information, only after editing and processing such User’s Information into unidentifiable information.
14-3 The Company will not provide the User’s personal information to a third party, except in the following circumstances:
- When the User personally agree to such provision in advance;
- When the law allows;
- When it is necessary to protect a person’s life, body or property, and obtaining the User’s prior consent is difficult;
- When it is especially necessary for improving public health or promoting the sound growth of children, and obtaining the User’s prior consent is difficult;
- When The Company is required to cooperate with a state organ, local government, or an individual or a business operator entrusted by one in executing the affairs prescribed by laws and regulations, and obtaining the User’s prior consent is difficult; or
- In the case that the User’s personal information is provided as a result of the succession of our business in a merger, demerger, business transfer, etc.
15. No Warranty and Disclaimer
15-1 The User acknowledges that he/she uses the Service at his/her own risk and responsibility. The User shall prepare necessary PC, mobile phone, device, communication device, operating system, communication means and power necessary for using the Service under the User’s own responsibility and at the User’s own expense.
15-2 The Company doesn’t guarantee that the Service (including but not limited to the Posted Images) is free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness to certain purpose, security-related faults, flaws, bugs, violation of rights). The Company shall not be responsible for providing the Service without such defects.
15-4. The Company is not involved in communication between the Users. In case any dispute occurs among the Users, the Users must solve at the Users’s responsibility, and the Company will not hold any responsibility;
15-5. The Company, concerning the Posted Images, and other information about the Posted Images, takes no responsibility in the accuracy of legally documenting information. The Company also assumes no responsibility on suitability for the Posted Images by the User, concerning the internal rules of propriety for corporations and organizations they belong to;
15-6. The Company, in the cases listed below, shall browse, store, or disclose to third parties, concerning the Posted Images and information about the Posted Images. (will state hereinafter in this subsection as "viewed."). The Company assumes no responsibility whatsoever for any damages resulting from this action:
(1) In case the Company send an email to seek the approval of viewing to the User who posted the Posted Images, and if applicable in one of the following cases: The Company, in the case of an e-mail sent requesting agreement for inspection to registered users who post the Posted Images falls under any of the following listed in each item:
- When the Users agree to such inspection;
- Answers of the Users by e-mail does not reach to the mail serves of the Company within 7 days after the Company send the e-mail to seek the approval of viewing. Except when there is an unavoidable reason like an emergency;
- To ascertain and solve the technical trouble of the Service;
- When the Company receives the official referral by law from courts, police and other public institutions;
- When the Company judges the Company needs to confirm the content of the Posted Images and information about the Posted Images in case that the Posted Images are violating or may have violated Terms and Conditions or any other conditions;
- If the Company judges that there is an urgent need to prevent damages to a person's life, body, or property;
- When there are needs to operate the site appropriately.
15-7. The Company may terminate or suspend the membership, delete all or part of the image data or change the published limitation of the User when the Company judge there are enough reasons to support that the User violated or may have violated the Terms and Conditions or any other conditions. The Company assume no responsibility whatsoever for any damages resulting from this action.
18. Right of Termination
The Company, in following ways, can make public changes and can delete all or parts of the information concerning Posted Images (including images themselves) that violate the terms and conditions:
- When the Company will determine the information concerning the Posted Images (including images themselves) as obscene;
- When professional or public institutions (national, local governments, organizations ensure reliability guidelines set forth in the law regarding disclosure of information and the caller's liability limits specified telecommunications service provider, the Internet Hotline, or lawyers) point out that the Posted Images or information about the Posted Images are illegal, offensive to public order and morals or violates the right of a third party;
- When a third party claims the copyright of the Posted Images;
- When the Company believes that the Posted Images and information about the Posted Images violate the copyright of third parties.
19. Procedure to Prohibited Act
The Company will take the following measures upon the perpetrating user when the User violates the Terms and Conditions, and any other conditions, or when the Company judges necessary:
- Request to delete or revise the Posted Images;
- Delete part or all of the Posted Images, change the range of publication or disable browsing;
- Compulsory execution to terminate the membership;
- No acceptance of the membership.
The user shall have no objection to these measures of the Company.
20. Superiority of Japanese Version
21. Governing Law