AGREEMENT
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1.Users
For the purposes of these Terms of Use, “User” shall mean a person who has accepted these Terms of Use and has in the manner specified by the Company registered the required information. Note, however, that persons who have not completed the user registration are by using the contents and services of this site automatically subject to the application of these Terms of Use and are deemed to have accepted the provisions of these Terms of Use (Persons who have not registered as Users under these Terms of Use and continue to use the contents and services of this site are referred to as “Unregistered Users.”). Furthermore, persons who with respect to the usage of contents and services prefer a payment method other than electronic payment may have to complete a separate customer registration.
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2.Rights of Users
Persons who have completed the user registration for this site can obtain access to contents and services in accordance with an additional individual agreement, etc.
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3.Duties of Users
(1) Users shall in the usage of this site observe the provisions of these Terms of Use.
(2) Users who use this site in connection with professional duties to an employer or affiliated organization shall agree that these Terms of Use apply to Users and their employers or affiliated organizations and shall obtain the acceptance of these Terms of Use by their employers or affiliated organizations.
(3) If a User finds that any of the User’s ID, password, or customer code is unlawfully used by a third party, the User shall immediately notify the Company and follow any instructions the Company may issue.
(4) Users shall be responsible for the management and storage of the ID, password, and customer code assigned to them at the time of user registration, and shall make none thereof available for use by a third party by way of transfer, loan, or any other method.
(5) If due to a reason outside the responsibility of the Company an ID, password, or customer code of a User is used by a third party, the User shall at its liability and cost resolve any damages sustained by the User as a consequence. In such a case the Company accepts no liability.
(6) A User shall comply with any inquiry from the Company concerning the User’s usage history, usage method, or other matters.
(7) In case of a change in the information filed with the Company such as address or telephone number, etc., a User shall promptly in accordance with the method prescribed by the Company notify the Company of the changed information.
(8) In case a User leaves or retires from the User’s affiliated organization previously filed with the Company, the User shall promptly in accordance with the method prescribed by the Company notify the Company of the changed information.
(9) The Company accepts no liability for disadvantages arising to a User as a consequence of the User’s failure to complete the procedures associated with the change of registered information or departure from the User’s affiliated organization.
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4.Copyrights
Copyrights and other intellectual property rights related to contents posted on this site (including incidental information such as explanations and keywords, etc., added to contents) belong either to the Company or to copyright holders who have commissioned the Company with the sale of contents or other holders of rights. License to use this site under these Terms of Use implies no license to use the intellectual property rights of the Company or of copyright holders who have commissioned the Company with the sale of contents or of other holders of rights. Consequently, the use of contents by a User requires a user license from the Company in accordance with a separately stipulated individual agreement.
The use of contents posted on this site is prohibited without prior authorization by the Company and outside the scope of use authorized by the Company. -
5.Prohibitions
Any of the following actions on this site are prohibited by the Company.
In case of damages arising to the Company due to a breach of any of the following matters, the Company shall be able to seek compensation for damages from the offender, or the offender’s supervisor, employer, or affiliated organization.
(1) Any actions that will or may violate public order and morals, namely, the use of these photographs for pornography, adult entertainment business, unscrupulous business practices, adult and dating sites, and gang and gang-related activities.
(2) Downloading, storing on a hard disk or server, etc., copying, modifying, distributing, assigning, loaning, transmitting, or selling of contents without proper permission of the Company to use contents of this site.
(3) Using this site associated with unlawful credit card usage.
(4) Infringing upon intellectual property rights including copyrights or other rights of the Company or a third party.
(5) Slandering or damaging the reputation or credibility of the Company or a third party.
(6) Hindering other Users in the use of this site.
(7) Unlawfully hindering the operation of this site by the Company, causing disadvantage to arise to the Company, or acting in a manner having such potential.
(8) Using or providing harmful programs such as a computer virus, etc.
(9) Engaging in action that is factually or potentially unlawful.
(10) Engaging in action that factually or potentially constitutes or may lead to a criminal offence.
(11) Engaging in action that factually or potentially contravenes public order and morals.
(12) Absent prior permission of the Company, directly linking to contents posted on a website of the Company to let subject matter such as images, etc., display on a website.
(13) Engaging in other action judged inappropriate by the Company. -
6.Unauthorized use, etc.
(1) If a User or an Unregistered User, without the prior permission of the Company, has made unauthorized use of contents or has performed action as set forth in paragraph 6, item 12, the offender shall in addition to the regular usage charge set forth in the charge table or in agreements pay compensation for any and all damages (including litigation costs and attorney’s fees) sustained by the Company, the photographer, and the photographer’s subject.
(2) In a case pursuant to the previous paragraph, upon demand of the Company, the offender shall disclose any and all information on third parties required by the Company, such as name, address, telephone number, and the name of the person in charge. -
7.Disclaimer
(1) The Company shall not for the purpose of establishing compatibility with the communication equipment or software employed by Users in the use of this site have an obligation to modify, change, or supplement facilities, systems, or software respectively managed by the Company or to change the method by which this side is provided.
(2) The Company shall be able, owing to inspection, maintenance, accident, or other reasons concerning this site, to change, suspend, or terminate, etc., the provision of this site, in part or in total, without prior notice to Users.In such a case, the Company shall not be liable for any damages arising associated with such measures to a User or Unregistered User.
(3) The Company is not liable for effects on terminals, communication equipment, recording media, and software, or data loss, arising to a User or Unregistered User in connection with the use of this site.
(4) The Company offers no warranty that this site, servers, contents, and email disseminated from this site are free of contamination by a computer virus or other harmful code.
(5) The Company has no obligation, except in the case of data corruption, to refund on any grounds (including the case of the termination of this site, in part or in total, at the discretion of the Company) any payment received in connection with the use of this site from a User or Unregistered User.In the case of data corruption, the maximum amount of a refund is limited to the purchase price.A refund or guarantee in excess of the purchase price will not be provided.
(6) The Company offers no warranty that keywords listed with works point to no specific religion, nationality, ethnicity, or political organization, nor that keywords are accurate. -
8.User ban and termination of site use
Users shall agree in advance that in case a User meets any of the following conditions, the Company shall be able, without prior notice to the User, to revoke the User entitlement and shall not be obliged to subsequently disclose the reason for the revocation.
・In case the application filed with the Company contained in the information to be notified falsehood, misspelling, or omission.
・In case of failure to respond within one month to an inquiry from the Company or other contact from the Company requesting a response.
・In case of other action that would cause the loss of the relationship of trust with the Company.
・In case of willful obstruction of the operations of this site in the judgment of the Company.
・In case a User constitutes organized crime or a similar association (“Organized Crime, etc.”) or if it is found that a User was involved in illegal donation, intimidation, disruption of operations, fraud, organized criminal activity, or the unlawful pursuit of claims beyond legal liability.
・In case it is found that a User, or a corporate officer of a User, whether directly or indirectly, maintains a funding relationship or such other relationship with Organized Crime, etc., or that a User, or a corporate officer of a User, irrespective of nominal designation, is engaged in the provision of funds to Organized Crime, etc., or a similar activity.
・In case of other grounds that in the judgment of the Company constitute proper cause for the revocation of the User entitlement. -
9.Personal information of Users
In order to provide Users with further enhanced content, the Company records Users’ access information. Personal information of Users acquired through the operations of this site is appropriately managed by the Company in accordance with the Personal Information Protection Act. Fundamental security policies of the Company are set forth in the separately stipulated Privacy Policy.
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10.Concerning the use of cookies
(1) For the following purposes this site may use a technology known as Cookies.
・To enhance the user convenience of returning Users of this site.
・To measure and analyze the usage status of this site.
・When a User visits contents that issue cookies, the cookie is recorded on the computer of the User, but the recorded information includes no data that enables identifying an individual User.
・A User can refuse cookies by changing the browser settings. However, in such a case, parts of this site may become unavailable for use as a result.
(2) When a User visits contents that issue cookies, the cookie is recorded on the computer of the User, but the recorded information includes no data that enables identifying an individual User.
(3) A User can refuse cookies by changing the browser settings. However, in such a case, parts of this site may become unavailable for use as a result. -
11.Other matters
With respect to the formation, validity, performance, and construction of these Terms of Use the laws of Japan shall apply.
If any provision of these Terms of Use is held invalid, all other provisions shall continue in force and effect and shall be applicable to the Company, Users, and Unregistered Users.
If in connection with the use of the contents and services provided by this site a disagreement arises between a User or an Unregistered User and the Company, the parties shall in good faith enter into mutual consultations. If consultations fail to resolve the matter, the Tokyo District Court shall be the agreed court of exclusive jurisdiction in the first instance.
NAIS PICTURES Free-Of-Charge Compensation Service Outline
- Subject of Compensation
- All photographs directly sold by INDUSTRIA LLC (rights-managed or royalty-free)
- Compensation period
- If in connection with the use of works a third party demands compensation for damages on grounds of an infringement of a copyright, trademark right, moral right, portrait right, or publicity right, and demands publication fees, INDUSTRIA LLC will pay on behalf of customers the following damages and costs.
*Claims and issues due to factors other than works, such as expressions and themes related to advertisements are excluded from compensation.
*Customers are responsible for checking the accuracy of captions and keywords, etc. Claims and issues due to failure to do so are excluded from compensation.
*Claims and issues arising from failure to observe restrictions and cautions attaching to individual works, and claims and issues arising from acts in breach of the Terms of Use are excluded from compensation.
- Compensation limit
amount per case - 1,000,000 yen
- Compensation
for claims to damages - •Damages
•In case of litigation, litigation expenses and attorney’s fees
•Costs required to avert litigation and achieve resolution Example: Expenses for the purchase of a gift, etc., as an apology to a company or individual
•Cost of voluntary collection of deliverables, posting fees to be paid for a settlement out of court Example: Cost of collection of posters, etc., and cost of re-production
•Cost of an apology press conference, advertising, and documentation Example: Cost of holding a press conference, cost of posting advertisements, cost of preparing and delivering a letter of apology
•Costs for complaints processing Example: Cost required for the reception of claims, such as call center installation, etc.
•Cost of consulting fees for measures to be taken
- Compensation Service
Usage Costs - Free of charge