(In cases where the user is under 15 years of age, the user should obtain permission from a parent or guardian and use the site together with that parent or guardian.)
1. Provision of service
This service, with the exception of special content and functions, is free for anyone to use. However, our company is not involved in providing internet connectivity for the user.
2. Provision and use of member services
- Regarding membership:
This service provides functions for the uploading of images and the ability to communicate regarding those images, and is a service provided for members. Users may use this service by registering as a member. Members must provide our company with accurate information when registering, and must update that information in a timely manner when said information changes.
By using this service, the user consents to receive advertisements and surveys that are sent or attached by entities that have been approved by our company.
- Regarding membership rights and requirements:
This service allows members to upload images for which they hold the rights; edit titles and register explanations; and other related information. These images will be publicized on the internet within the limits set by the user.
This service makes adjustments to uploaded images for viewing and then stores that image data. The originally uploaded image data may be deleted by this service.
In cases where a member does not log in or upload data to this service for a matter of years, our company may delete all or part of the data related to that member's account.
Our company makes absolutely no guarantees that uploaded data will be preserved, so members should take steps to back up their own data in accordance with their needs.
- Members using this service may not share their member ID with another person. Member IDs may only be used by the registered member, and that member bears all duties and responsibilities.
3. User privacy
4. Preventing improper user and deletion of user posts and content
If the user engages in any of the acts listed below then our company, without prior notification, may revoke the user's right to use this service, and delete all of the user's posts and content (hereafter referred to as "user content").
In terms of other member services, when it has been established that membership has been revoked;
- where the user neglects or potentially neglects the fulfilment of duties regarding this agreement;
- when member registration information has been falsified or there is reason to believe that it has been falsified;
- when trouble is caused or potentially caused to another user or society;
- when this service is used or potentially used to do anything connected with the violation of the public order and standards of decency;
- when a user's action or content is deemed by our company to be inappropriate; when the prescribed amount of messages or user content exceeds the allowed rate or amount for a given time period; or when deemed necessary for the maintenance of this service;
our company may delete or eliminate the related material without notifying the user.
Actions such as the following are prohibited:
- Acts that harm the copyright, portrait rights, other intellectual property rights, property, or privacy of another user or a third party.
- Acts of slander against another user or a third party.
- Religious activities, or any activities that our company determines to be connected to such activities.
- Acts that violate the public order and standards of decency.
- Criminal acts, or any activity that our company determines to be connected with a criminal act.
- The violation of laws or regulations, or any activity that our company determines to be connected with the violation of laws or regulations.
- Indiscriminate or general advertising on behalf of special interest groups, or any activity that our company determines to be related to such activity.
- Acts that interfere with the operation of this service by our company, or acts that damage, or threaten to damage, the trust of our company.
- Acts that violate national security, or acts that our company determines to be connected to such acts.
- Acts that involve the publishing of obscene or adult information.
- Acts that can be interpreted as violent, or have the potential thereof, according to conventional wisdom.
- Acts connected to fraud, child prostitution, illegal sale of savings accounts or mobile phones, or anything that could be considered connected to such acts.
- Acts connected to drug offenses, controlled substance abuse, and the like, or acts that will likely contribute to such acts. Also, the advertising of unapproved drugs.
- Soliciting third parties with pyramid schemes, chain mail, MLM, PTR (Pay-To-Read), and other such information through postings or mail.
- Posting or sending information regarding affiliate sites or other such services that offer profit for introductions (excluding cases where our company has given express permission).
- Acts that include the replication, sale, publication or distribution of any information from this service for anything other than personal user, or the use of a third party to commit such acts.
- Sending multiple messages of the same spirit with the intent to advertise, announce, or solicit (including multi-posting, spams, chain mail, etc.).
- Illegally changing or deleting the information stored on our equipment.
- Acts that include the collection or accumulation of the personal information of other users, or acts that attempt to do so.
- The posting (whether personal or of a third party) of mail addresses, telephone numbers, license plates, financial institution account numbers, addresses, and any other personally identifying information.
- Pretending to be a third party by posting or registering false information (including name, date of birth, mail address, address, etc.), or using this service with anyone else's user information (mail address and password) with or without their permission.
- Using this service while pretending to have representative rights and agency rights, or falsely claiming to be cooperating with another person or group.
- Sending or posting a virus or any other harmful computer program.
- Acts that cause undo load on our company's or a third party's servers, or cause (or have the potential to cause) damage to this service's management, network, or system.
- Acts of illegal betting or gambling, or inviting others to participate in illegal betting or gambling.
- Acts that contract, mediate, or attract (including asking others to perform) illegal acts（including but not limited to the transfer of handguns、illegal manufacture of explosives、providing child pornography、official document forgery、murder、and intimidation）.
- Acts of sending images that include brutality and murder of humans or animals, or that inspire significant disgust in third parties based on common decency, or sending information that has the potential to do so to an unspecified number of people.
- Acts that attract or solicit murder, or the introduction of means of suicide or ways to cause harm to a third party.
- Acts of stalking, or, regardless of means, any harassment of third parties.
- Acts of using this service with the intention of committing acts of obscenity or intercourse.
- Acts of using this service with the intention of meeting strangers of the opposite sex.
- Acts that involve the promotion or attraction of enticing youth to run away from home.
- Acts of re-registering after a user has been banned from this service for a violation.
- Acts of transferring or lending account information to a third party.
- Acts of a single person holding multiple accounts, or multiple people sharing a single account (unless specifically permitted by our company).
- Acts of transferring parts of the usage rights of this service in any manner other than that defined by our company.
- Acts of using this service for transactions involving cash or other property, or exchange transactions involving profit on property, or the soliciting, announcing, or advertising of any such transaction.
- Acts of indiscriminate or large-scale access for the purpose of inducing accesses.
- Acts of linking to anything that may encourage any of the aforementioned prohibited acts.
- Any other act that our company deems inappropriate.
6. Data storage
Due to unforeseen circumstances, it is possible that the data exchanged during the use of this system and service may be lost.
Our company is under no obligation to back up data, or to restore lost data, and if such a case occurs then we will not be liable for any damages pertaining to the loss of data.
7. Intellectual property rights
- It is assumed that all content provided by our company to the user, including all information gained through the use of this service, copyrights, trademarks, service marks, patent rights, and other such intellectual property rights are protected by law.
- The user content is the personal work of the user, but our company maintains the rights to the compilation as represented by the accumulation of all content stored on our system or produced during the operation of this service.
- Our company may use user content as part of this service's content, such as "Pick Up" and "Theme Tag" and such. Our company may also include user content in the "Photozou" accounts on Facebook (https://www.facebook.com/) and Twitter (https://twitter.com/).
- In such cases, our company will send a propriety of use confirmation to the user whose content is being used. If the user wishes for his or her content to not be used then he/she must notify us within 24 hours of receipt of the confirmation. If no reply is received then our company will consider that a sign of consent.
8. Range of terms and changes
Our company has the right to change this agreement at any time. Changes or additions to this agreement will be announced to the user over the internet. The continued use of this service will indicate that the user consents to those changes.
9. Changes to, or the cancellation of, this service
- Our company has the right to change the content or to close this service at our will.
- If it becomes necessary for our company to close this service, unless there is a need to close it immediately, our company will notify the user in advance of the closure.
- In the event that our company transfers this service to another company, in accordance with this agreement in regards to said business transfer it is understood in advance that the rights and obligations of this agreement as well as the user's registration information and other information shall be assigned to that assignee of the business transfer. This applies not only in the case where this service is transferred to another company, but also in the case where our company is split and the service is moved as a result of said split. Our company will not be responsible for any damage caused to the user as a result of measures taken by our company in regards to the items outlined in this section.
Our company makes absolutely no guarantee as to the reliability or accuracy of the messages or content posted on this service.
There may be links to other content on this service, but our company makes no guarantee as to the usefulness of linked content, and is not responsible for any loss or damage derived from such content.
Our company will not be held liable for any damages incurred by the user or a third party due to the interruption, cessation, or cancellation of this service, or for the deletion of member IDs, posts, or any other user content in accordance with this agreement. Our company will not be held liable for any damage that occurs to the user or a third party in connection with the use of this service.
If the user engages in unauthorized or illegal activities or acts that violate this agreement or applicable laws and regulations that result in harm to our company, our company has the right to claim compensation for damages with respect to the user.
12.Governing Law and Jurisdiction
Where the Company has provided Users with a translation of the Japanese language version of the Terms and Conditions(hereinafter referred to as"Japanese Version"), the Japanese Version will govern the relationship between Users and the Company.In the event of a contradiction between the Japanese Version and a translation, the provisions in the Japanese Version shall take precedence over any other translation.These Terms and Conditions will be governed by the laws of Japan.Conflicts that arise from the Service or conflicts between Users and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.