Terms and Conditions of Use set forth below are a legal agreement between users of https://bn.photo-ac.com (hereinafter referred to as “photoAC”) and ACworks Co., Ltd. (hereinafter referred to as “Company”), the owner and operator of photoAC. By using photoAC, users shall be deemed to have agreed to the terms and conditions hereof. In the case where users do not agree to the Terms and Conditions of Use, users may not use photoAC.
Downloading and Using Photos
- A user who downloaded photos may freely alter, edit and use the photos for any purposes, including commercial purpose. A user may freely use the downloaded photo not only for its own use but also for furnishing to business partners, for educational purposes, or to use the same as part of components of printed matter such as advertisements and pamphlets, multimedia content, including websites, etc., and movies, games and software, etc.
However, the following methods of use are prohibited. Please pay attention as methods of use in breach of the prohibited matters constitute infringement of the copyrights of the Company.
- (1) It is not permitted to use photos that can identify any specific individual in pornography or illegal or any other immoral purposes, to use photos in a manner that might eclipse the reputation of that individual, or to use photos for the purpose of presenting recommended products and/or services such as “Voices from Customers”.
- (2) photo may not be used in a manner prejudicing the features, grade, honor or credibility of the model in the photos (refer to any of the persons, goods and landscapes) on the Site.
- (3) photo may not be used in relation to articles, movies, advertisements and publicities, etc., which have illegal, false or defaming content.
- (4) photo may not be used in a manner against public order and good morals or for the purpose of furnishing to the business and activities against public order and good morals. photos may not be used on covers, packages, articles, movies, advertisements and publicities and in any other manner in relation to adult magazines and adult films (regardless of the media, including DVDs, CD-ROMs, or websites, etc.), whether or not they are against public order and good morals. They may not be used in articles, movies, advertisements and publicities and in any other manner in relation to pornography and adult entertainment (refer to any matters related to sex culture, regardless of whether they are legal, illegal, for profit or nonprofit, individuals or corporations and in any other manner).
- (5) It is not permitted to distribute (sell, lease, distribute freely, rent freely) the photos as an independent transaction subject as they are or after processing, or furnishing the same by using public transmission (transmission using websites on the Internet or broadcasting, etc.) whether it is for profit or nonprofit purpose.
- (6) photo may not be used in a manner disturbing publication of photos of the Company.
- (7) It is not permitted to use the photos or the secondary works, containing processed photo data as the main content in the products (refer to but not limited to calendars, jigsaw puzzles, etc.), to publish or send the same via the Internet and by any other similar method, and to distribute by incorporating the same into software and/or hardware (for example, use for greeting card services and template download services, etc., on the Internet, distribution through incorporation into a standby screen of mobile phones, incorporation as material samples of application software, etc., and incorporation into screen savers, etc.). It is also not permitted to provide printing services, etc., by incorporating the same into hardware, software, etc., as a template.
- (8) It is not permitted to register the photo as a trademark.
- (9) It is not permitted to use photos by copying to hard disks of servers, etc., and use them in multiple PCs through LAN connection, etc.
- (10) It is not permitted to download by programming (ex: crawling, etc) at our sites. If the Company determined that the method of downloading is inappropriate, the Company may request refraining from the use or halting use.
- (11) In the case where the Company determined that it is inappropriate to be posted on photoAC for some reason, the Company shall have the right to delete any photo, even if there is any purchaser of that photo. If the Company deletes the photo, the Company shall not be obligated to give notice to the member who purchased the photo of the fact of deletion of the photo and its reasons.
Where the above prohibited matters do not apply, in the case where the Company determines that the method of use is inappropriate, the Company may request refraining from use, or halting use in the case where members have already used. In such a case, users shall be obligated to follow the determination of the Company.
In this regard, in the case where you cannot determine whether or not falling under the above prohibited matters, please contact us.
- The Company does not obligate written model release (consent to use of portrait right) for each photo which contains an identifiable individual. Therefore, the Company shall not warrant that users can use the photo without the consent of the individual as to the photo containing the identifiable individual. In addition, even in the case where there is a model release (consent to use of portrait right), the Company shall not make any representation and warranty for its legality and validity.
- Some of the photos on photoAC might be subject to copyrights, property rights and trademark rights, etc., of third parties and the consent or license of these rights by third parties might be required. The Company does not represent or warrant that the Company owns the above rights or grants licenses or does not grant them. It is the responsibility of users and a person who uploads the photo to confirm that all rights, consents and licenses required for use of photo are obtained.
- The Company cannot warrant the legality of photos stored in photoAC. The Company shall not be liable for any infringement related to use of photos. photos shall be used at the responsibility of users.
Amendment of Terms and Conditions of Use
- The Company may amend the Terms and Conditions of Use at its discretion at any time by the determination of the Company.
- The Company shall not be obligated to give notice to users of amendment of the Terms and Conditions of Use. The amended Terms and Conditions of Use shall become effective at the time of displaying on the Site, except when otherwise provided by the Company. In the case where a user used the Site after the effectuation of amendment of the Terms and Conditions of Use, the user shall be deemed to have agreed to all the amended Terms and Conditions of Use.
- The Company shall not make any warranty of the legality of the photos stored in ACworks.
- The Company shall not be liable for any failures and accidents, etc., that might arise due to the use of photos as well.
- The Company shall not assume any liability for ordinary damages, punitive damages, special damages, indirect damages, consequential damages or incidental damages or loss of profits and any other damages, costs or losses arising from the use of photoAC or the use of the photos on the photoAC to users, other persons or entities.
- The Company shall not be obligated to manage and store the uploaded photos. The Company shall not assume any liability for damage and disappearance of photos due to business reasons, overload of the system, defects in the system, maintenance, enactment, amendment and repeal of laws, natural disaster, power failures, communication failures, unauthorized access or any other reasons.
- The Company shall not assume any liability even in the case of illegal or unauthorized use of the posted photos by the users who downloaded them.
- The Company may close photoAC or terminate services at any time without notice. In such a case, The Company shall not assume any liability for the damages incurred by users thereby.
- Users may not assign, transfer, offer for security or make any other dispositions to any third party the rights to the Company or the obligations owed to the Company.
- If the Company incurred any damages due to the breach of the Terms and Conditions of Use, users shall immediately compensate for such damages.
- Notices from the Company to members shall be made by communication means determined by the Company as appropriate such as in writing, by sending an e-mail (mail magazine), or posting on the website, etc. In the case where such notice is given by sending an e-mail or posting on the website, the notice shall be deemed to be delivered to the members at the time of distribution on the Internet.
- The Company may change the specifications of photoAC, including an improvement, addition and deletion, etc. Users shall agree to such change in advance.
- The Company shall not assume any liability for the websites which users access via the link from photoAC. Link does not mean that the hyperlink destinations and the Company have the relationship of affiliation or business partners, etc.
- Even in the case where any part of the Terms and Conditions of Use was held to be illegal, invalid or unenforceable by laws or regulations, any other provisions of the Terms and Conditions of Use shall continue to be in effect.
- The Terms and Conditions of Use shall be governed by the laws of Japan.
- Osaka District Court shall be the court of exclusive jurisdiction by agreement in the first instance over any disputes concerning the use of photoAC and photos stored by photoAC or downloaded from photoAC and used.