The terms and conditions of use shown here set forth the terms between Photograph App Application owner and users of any services or features of Photograph App Application owner.
1.1."content(s)"means information such as text, audio files, music, images, videos, software, programs, computer code, and the like.
1.2."Content(s)"means content(s)that may be accessed through the Service.
1.3."Submitted
Content(s)"means content(s)that Users have submitted, transmitted, or uploaded.
1.4."Separate Terms and Conditions"means documents released or uploaded by the Application owner that pertain to the Service, under the
title"agreement,""guideline,""policy,"and the like.
2.1. All Users shall use the Service in accordance with the terms stated in the Terms and Conditions. Users may not use the Service unless they agree to the Terms and Conditions. Such agreement is valid and irrevocable.
2.2. Minors may use the Service only with consent from their parents or legal guardian. Furthermore, if Users use the Service on behalf of, or for the purposes of a business enterprise, then that business enterprise
shall also be deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
2.3. By actually using the Service, Users are deemed to have agreed to the Terms and Conditions. Such agreement is valid and irrevocable.
2.4. If there are Separate Terms and Conditions for the Service, Users
also shall comply with such Separate Terms and Conditions as well as the Terms and Conditions.
The Application owner may modify the Terms and Conditions or Separate Terms and Conditions when the Application owner deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms and Conditions or Separate Terms and Conditions are posted on an appropriate location within the website operated by the Application owner. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms and Conditions or Separate Terms and Conditions by continuing to use the Service. Users shall refer to the Terms and Conditions on a regular basis when using the Service, since a separate notification regarding the modification to Terms and Conditions may not be provided.
4.1. Users, when providing information about him/herself to the Application owner, shall provide genuine, accurate, and complete information while using the Service, and keep such information up-to-date at all times.
4.2. If Users register a password while using the Service, Users shall exercise due care and responsibility in order for the password not to be used in an unlawful manner. The Application owner may treat all activities
conducted with the password as activities that have been conducted by the holder of the password him/herself.
4.3. The Application owner may suspend or delete a User's account without giving prior notice to the User
if the Application owner believes that the User is violating or has violated the Terms and Conditions.
4.4. The Application owner reserves the right to delete any account that has been inactive for a period of a year
or more since its last activation, without any prior notice to the user.
4.5. Users'rights to use the service shall expire when their account has been deleted for any reason.
4.6. Each account in the Service
is for the exclusive use and belongs solely to the owner of the account. Users may not transfer or lend their accounts to any third party nor may their accounts be inherited by any third party.
5.1. The Application owner places its highest priority on the privacy of its Users.
5.2. The Application owner promises to protect the privacy and personal information of its users.
5.3. The Application owner promises
to exercise the utmost care and attention regarding its security measures for the continued security of any and all User information.
6.1. Users shall supply the necessary PC, mobile phone device, communication device, operating system, and data connection necessary for using the Service under Users'own responsibility and at Users'own expense.
6.2. The Application owner reserves the right to limit access to the whole or part of the Service depending upon conditions that the Application owner considers necessary, such as age, identification, current membership
status, and the like.
6.3. The Application owner reserves the right to modify or cease, at the Application owner's own discretion, the whole or part of the Service at anytime without any prior notice to the Users.
The Service cannot be depended upon for emergency calls, such as ones made to law enforcement agencies, maritime safety authorities, fire brigade, or other emergency services.
The Application owner reserves the right to provide Users with advertisements for the Application owner or a third party, through the Service.
Contents or other services offered by other business partners cooperating with the Application owner may be included within the Service. The business partners bear all responsibility regarding such contents and/or services offered. Furthermore, such contents and services may be governed by the explicit terms and conditions etc., which are set accordingly by the business partners.
10.1. The Application owner grants Users the non-transferable, non-re-licensable, non-exclusive license to use the Contents provided by the Application owner, only for the purpose of using the Service.
10.2. Users shall
abide by the appropriate conditions when using Contents which are subject to additional fees and periods of use. Notwithstanding situations where phrases such as"Purchase","Sales,"and the like appear on the Service screens,
the Application owner shall remain the holder of all intellectual property rights as well as all other rights in the Contents offered to Users by the Application owner, and such rights shall not be transferred to Users.
10.3. Users shall not use the Contents beyond the scope of the intended use of the Contents in the Service(including but not limited to copying, transmission, reproduction, modification).
10.4. If Users wish to back-up
the whole or part of the Submitted Contents, they will need to do so themselves. The Application owner will not undertake the obligation of backing up any of the Submitted Contents.
10.5. The Service may include functions
where multiple users may post and delete items.
10.6. Users shall maintain the rights regarding their Submitted Contents just as before, and the Application owner shall not acquire any rights to such contents. However,
if the Submitted Contents are visible, not just to the User's"friends"but to all the other Users, the User who posts the Submitted Content shall grant the Application owner a worldwide, non-exclusive, royalty-free license(with
the right to sublicense such content to other third parties working together with the Application owner), for an indefinite period, to use(after modifying such content, if the Application owner believes it necessary and proper)such
content for services and/or promotional purposes.
10.7. The Application owner may check the details of the Submitted Contents, when the Application owner believes that the Submitted Contents may violate related laws
or provisions set out in the Terms and Conditions. However, the Application owner is not obligated to conduct such investigations.
10.8. If the Application owner believes that the User has violated or may violate applicable
laws or provisions in the Terms and Conditions related to Submitted Contents, then the Application owner reserves the right to preclude the User's use of the Submitted Contents in certain manners, such as deleting the Submitted
Content without providing the User with prior notice.
11.1. Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
11.2. Activities that may hinder public order or customs.
11.3. Activities that
infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Application owner and/or a third party granted by the law or contract.
11.4. Activities that post or transmit violent or sexual expressions;expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.;expressions that induce or encourage
suicide, self-injury behavior, or drug abuse;or anti-social expressions that include anti-social content and lead to the discomfort of others.
11.5. Activities that lead to the misrepresentation of the Application owner
and/or a third party, or intentionally spread false information.
11.6. Activities such as sending messages indiscriminately to numerous Users(except for those approved by the Application owner), indiscriminately adding
Users as Friends or to Group Chats, or any other activities deemed to be spamming by the Application owner.
11.7. Activities that exchange the right to use the Contents into cash, property or other economic benefits
without Application owner's authorization.
11.8. Activities that use the Service for sales, marketing, advertisement, soliciting or other commercial purposes(except for those approved by the Application owner);use the
Service for the purpose of sexual conducts or obscene acts.use the Service for the purpose of meeting a person for sexual encounters.use the Service for the purpose of harassments or libelous attacks against other Users;or
use the Service for purposes other than the Service's true intent.
11.9. Activities that benefit or collaborate with anti-social groups.
11.10. Activities that are related to religious activities or invitations
to certain religious groups.
11.11. Activities that illegally or improperly lead to the collection, disclosure, or provision of other's personal information, registered information, user history, or the like.
12.1. Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service.
12.2. The Application owner may take measures that the Application owner
considers necessary and appropriate, if the Application owner acknowledges that a User is using the service in a way which violates the Terms and Conditions. However, the Application owner shall not be responsible for correcting
or preventing such violation towards Users or others.
12.3. In the case where the Application owner has suffered loss/damage or has been charged an expense(including but not limited to lawyer's fees)directly or indirectly(including
but not limited to cases where the Application owner has been sued for damages by a third party)due to the User violating applicable laws or the Terms and Conditions while using the Service, the User shall immediately compensate
the Application owner upon its request.
13.1. The Application owner does not expressly or impliedly guarantee that the Service(including the Contents)are free from de facto or legal flaws(including but not limited to stability, reliability, accuracy, integrity, effectiveness,
fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights). The Application owner shall not be responsible for providing the Service without such defects.
13.2. The Application
owner shall not be responsible for any damages inflicted upon Users in relation to the use of the Service. However, if the agreement(including but not limited to the Terms and Conditions)between the Application owner and Users
regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.
12.3. In the case where the Application owner has suffered loss/damage
or has been charged an expense(including but not limited to lawyer's fees)directly or indirectly(including but not limited to cases where the Application owner has been sued for damages by a third party)due to the User violating
applicable laws or the Terms and Conditions while using the Service, the User shall immediately compensate the Application owner upon its request.
13.3. Notwithstanding the condition stated in clause 13.2 above, the
Application owner shall not be responsible for any indirect, special, incidental, consequential or punitive damages(including but not limited to such damages that the Application owner or Users predicted or could have predicted)with
respect to the Application owner's contractual default or act of tort due to the Application owner's negligence(except for gross negligence). The compensation for ordinary damages in respect to the Application owner's contractual
default or act of tort due to the Application owner's negligence(except for gross negligence)shall be limited to the total amount of received fees from the User in the particular calendar month in which such damages occurred.
14.1.When the Application owner notifies or contacts Users regarding the Service, the Application owner may use a method that the Application owner considers appropriate, such as posting on the website operated by the Application
owner.
14.2.When Users notifies or contacts the Application owner in regard to the Service, Users shall use the customer inquiry form available on the website operated by the company or other means designated by the Application
owner.