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Article 1 (Member)

• In the Terms of Use, a “member” is someone who has agreed to the Terms of Use and registered mandatory items by the means specified by The Company.

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Article 2 (Scope)

• The Terms of Use apply to “members” specified in the previous article.

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Article 3 (Agreement)

1. Members shall use the service in keeping with the Terms of Use.
2. Provisions announced from time to time by The Company in the Service, as well as individual agreements specified in the service and contents respectively, all constitute a part of Terms of Use.
3. The Company shall be free to change the Terms of Use and individual agreements, as well as various provisions without the consent of the member.

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Article 4 (Making an Account = Registering as a Member)

1. The Company may not approve registration of members specified in Article 1 of the Terms of Use if there is rational reason or if The Company deems that the user is unfit for membership.
2. After completing the registration process, The Company shall send a Registration Complete email to the member.
3. If the information registered to the member’s account changes, the member shall update their account information on the Account Information Update page without delay. The Company shall not be liable for damages caused if the member becomes unable to use all or part of the Service by neglecting to update their account information.

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Article 5 (Managing member’s email address and password)

1. Members shall manage and stores their registered email address and password at their own risk, and shall not be able to transfer, lend, or otherwise allow third parties to use this information.
2. If a member finds that a third party has used their registered email address or password without authorization, they shall report this information to The Company immediately, and act according to any directions given by The Company.
3. If it is confirmed by the methods prescribed by The Company that the registered email address and password entered match the users' registered information, then The Company shall assume that this was access by the member. Regardless of fraudulent use, unauthorized use, or whether a party besides the member has used the account by some other circumstances, The Company shall not be liable for the damages caused by this use.

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Article 6 (Suspension of use)

• If any of the following items apply to a member, The Company shall be able to to revoke their membership without any prior notice to the member, and the member shall accept this cancellation.

1. The member has not used the Service at all for 2 years or more
2. The member has violated the Terms of Use
3. There are falsehoods in statements or notifications made by the member to The Company
4. The member makes any delay or failure to perform obligations to The Company
5. The member pays fees by fraudulent means, such as fraudulent use of a credit card
6. The member applies for registration with false information
7. The member uses their email address, password, or customer code illegally
8. The user commits acts in violation of public order and morality or otherwise in violation of the law, or that are likely to violate the law, or has a relationship with anti-social organizations
9. It is found that member has had their membership revoked in the past
10. The Company determines that the member is deliberately interfering with operation of the Service
11. The member stops payment or has their banking transactions suspended by a clearinghouse
12. The member suspends or ceases doing business, or makes a resolution to dissolve their business
13. The member receives a petition for disposition, provisional seizure, or provisional disposition or auction due to other liabilities, or receives a filing for bankruptcy, corporate reorganization, special liquidation, civil rehabilitation, or other similar proceedings
14. The member’s credit status deteriorates such that it is uncertain whether they can perform their obligations incurred by use of the Service
15. Otherwise, any situation in which The Company determines that the member is unfit for membership

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Article 7 (Usage Fees)

1. Upon use of the Service, the member shall pay usage fees set forth separately by The Company by methods set forth separately by The Company.
2. The Company shall be able to change the usage fees and methods of payment set forth in the previous paragraph. In addition, the member shall be responsible for paying processing fees and other fees incurred in the payment set forth in the previous paragraph.
3. License fees for personality rights, trademark rights, patent rights, or the author’s personal rights relating to the subjects of pictures are not included in usage fees.

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Article 8 (License, etc. of contents)

1. The range of the license of all contents usable in the Service (hereinafter, “the contents”), shall conform to the range, period, applications, and areas specified in the Service, and shall not be transferrable to third parties. Additionally, this license shall remain a non-exclusive right.
2. When using the contents, the member shall report the purpose of use, media used, and period of use in according to methods set forth in advance by The Company, and obtain consent from The Company.
3. Should the member use the contents beyond the provisions of the previous paragraph (this includes but is not limited to commercialization, exclusive use, application for advertising awards, and use of contents in development of a for-profit business), the member shall report this separately to The Company, and obtain written consent from The Company in advance.
4. Should the member wish to deliver the contents online (this includes but is not limited to delivery of contents by dedicated lines and internet lines, and shall also include and all line networks that may be developed in the future), they shall do so with prior acknowledgement of the following matters.
• The member shall agree to notify The Company of an internet address used for online delivery of contents, or other information that can identify the destination, prior to online delivery.
• Should the member desire to use the contents as a “product” on a service that inducts paid online delivery, then in keeping with paragraph 2 of this article, the member shall report this separately to The Company, and obtain written consent from The Company in advance.
• The member shall agree in advance to take steps to prevent the leaking of images, such as by making note on the download site that third parties who have received online delivery may not forward, put to other use, or reuse the contents.
5. The member shall acknowledge that The Company may stop handling contents without prior warning. Additionally, the member shall acknowledge that they may become unable to use the contents after a certain period dude to the expiration of the license to the personality rights of the pictures.
6. The Company shall pay adequate attention to quality assurance of the contents, but if by chance there should be a failure in the digital data itself or if the images downloaded differ from what is ordered, then counting from the day of the customer’s receipt of the images, so long as the member notifies The Company of this within 2 business days, then The Company shall deliver substitute contents without delay. However, if the member does not contact The Company by that time, then The Company shall assume there is no failure or mistaken order in the digital data.
7. Except for the situation in the previous paragraph, The Company shall not accept returns or make refunds in the case of a mistaken download for reasons attributable to the member.

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Article 9 (Cancellations)

• The member agrees that as a rule they shall not be able to make cancellations after receiving the contents.

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Article 10 (Prohibited Matters)

• Only the member shall use the contents, and the member shall not license, transfer, sublease or provide the contents as collateral to a third party. Additionally, the member shall not use the contents for the following applications.

1. Use contrary to public order and morals
2. Use in the sex industry, fraudulent business practices, pornography, adult sites, or dating sites
3. Use for anti-social organizations such as organized crime
4. Use for slander or other illegal applications
5. Use that could mislead viewers into thinking that the subject of the picture has particular religious or political beliefs
6. Use that could mislead viewers into thinking that the subject of the picture is a victim of a particular illness
7. Use that defames the subject of the picture
8. Use that damages the image of the subject of the picture
9. Use that may discomfort the subject of the picture
10. Any other separate or special limits on application

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Article 11 (Notification of account closure)

• Should the member wish to close their account, they shall do so using the methods provided by The Company.

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Article 12 (Illegal Use)

1. Should the member use their registered email address or password illegally, or use the contents illegally (this includes but is not limited to unapproved posting of downloaded pictures, any use of the contents without the consent of The Company), The Company shall be able to make a claim for damages to the member.
2. In the case of the previous paragraph, the member shall disclose to The Company all matters requested by The Company, including the names, addresses, telephone numbers, and names of contact persons for third parties.

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Article 13 (Interruption and suspension of the Service)

1. In the case of regular or emergency maintenance, or emergencies such as calamities or natural disasters, or if The Company deems it necessary for operation of the Service, The Company shall be able to temporarily interrupt or stop the Service.
2. The Company shall not be liable in any case for damages to the member arising from interruption or suspension of the service.

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Article 14 (Disclaimer)

1. The member shall, before using the contents, check the details of the contents (including orientation of the image, color tone, and contrast) as well as the accuracy of any captions, keywords, or explanations attached to the contents, at their own risk. The Company shall not be liable should any damages arise due to the member’s neglect to do so.
2. The member shall acknowledge that the copyright, design rights, personality rights or trademark rights related to the contents or the subject of the contents may not have been processed, and that it may be necessary to pay separate license fees for these rights.
3. The Company does not bear any obligation to remodel, change, or add to the equipment, system or software managed by The Company, or change its method of providing the Service, in order to ensure compatibility with the communications devices or software used by the member when using the Service.
4. The Company does not provide any guarantee to the member of the marketability, suitability, or compatibility of the contents for any particular purpose.
5. The Company shall not be liable for delays in providing the Service, changes, suspension, or cessation of the Service, or any other damages or disputes occurring to the member due to provision of the Service, nor shall it bear any liability to pay for damages.
6. The member shall adequately recognize that making transmissions over the internet bears the risk of leaking their credit card number and other personal information, and shall manage and transmit this information at their own risk. The Company shall not be liable for damages incurred by the leaking of such personal information.
7. The Company shall not be liable for damages or disputes caused by the member violating the Terms of Use.
8. The Company offers no guarantee that the website, server, the contents, or email sent by The Company is not infected with a computer virus or harmful elements.

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Article 15 (Reparation)

• The Company shall not make any offer of reparation to the member in the following situations.

1. Presence or absence of influence or corruption of data on the member’s terminal devices, communication devices, or recording media.
2. Damage, disadvantage, or liability caused by using the contents for purposes other than those licensed by the Terms of Use, or by using contents for which The Company has given advance notice of suspension of use.

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Article 16 (Disputes with third parties)

1. Should a problem arise relating to the explanation of the subject of a picture after use of the contents because the Member has neglected to check captions, or should a dispute arise because the member has violated the Terms of Use, The Company shall not be liable for this, and the Member shall resolve this at their own risk and and expense.
2. In regards to use of the contents, in the event that a problem does occur which is attributable to The Company, The Company shall compensate damages incurred directly to the member with applicable usage fees as an upper limit.

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Article 17 (Copyright)

• Copyrights (including the rights described in Article 27 and Article 28 of the Copyright Law) and other transferrable intellectual property rights of the contents provided by the Service (including both the pictures and information related to the pictures, such as explanations and keywords attached to the pictures) belong to The Company or the copyright holder who has commissioned copyright management to The Company, and these copyrights (including the rights described in Article 27 and Article 28 of the Copyright Law) and other transferrable intellectual property rights shall not be transferred to the Member.

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Article 18 (Displaying Credits)

1. The Member shall display credits as specified by The Company when using the contents. However, the member shall also acknowledge that credits may not be displayable for some contents.
   For details, reference “Displaying Credits” in the FAQ.
2. The member shall provide The Company free of charge with one print, posted magazine, or copy of recording media with the contents used (in the case of use on a website, the member shall notify The Company of the website’s URL).

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Article 19 (Inquiries to the member)

• The member shall reply in good faith to any inquiries made by The Company regarding history of use, methods of use, or other information.

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Article 20 (Member’s Personal Information)

• The Company shall record the member’s access information, purchase history, etc. as data to provide better contents, and use this data for marketing activities such as collection of statistics and analysis, and to better explain our related services. The Company shall appropriately manage the member’s personal information obtained by using this site, in accordance with the Personal Information Protection Act. The Privacy Policy of the service shall be as set forth separately.

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Article 21 (Revoking license to the contents)

1. The Company shall be able to revoke license to the contents without need for any notification should the member violate any part of the Terms of Use, and following this, the member shall not be able to use said contents again. In this situation, the member shall bear an obligation to return the contents and copies of the contents to the accompany in accordance with instructions from The Company. Additionally, should damages be incurred to The Company or a third party due to the member’s actions, the member shall compensate them for any direct or consequential damages (including litigation costs and attorney’s fees). The member shall also bear any costs incurred by returning the contents and copies of the contents.
2. The Company shall be able to notify the member by notifications under the provisions (hereinafter, “notifications”) of limitation, suspension, or cancellation of the use of contents licensed by the Terms of Use, and the member shall act in accordance with said notification. This notice shall withdraw the license to the contents granted by The Company to the member. Additionally, The Company shall not be liable for damages incurred by the member or third parties, or for disputes arising between the member and third parties, due to the limitation, suspension, or cancellation of the license, regardless of the reason.

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Article 22 (Other Matters)

1. Japanese law shall apply to the establishment, efficacy, execution, or interpretation of the Terms of Use.
2. Even if part of the provisions of the Terms of Use are found to be legally null and void, all provisions of the Terms of Use besides those found to be null and void shall continue to be effective and apply to The Company and the member.
3. In the event that a problem occurs between the member and The Company in relation to use of the service, the two parties shall discuss this in good faith. If a solution cannot be reached by discussion, Tokyo District Court shall have the exclusive jurisdiction of the first instance over all disputes.

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Article 23 (Revision of the Terms of Use)

• The member shall acknowledge that The Company may change the Terms of Use without advance notice. The revised Terms of Use shall apply to the member from the time they are posted to the website of the service.

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