Terms and Conditions of Use set forth below are a legal agreement between users of https://es.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.
Uploading of Photos
- A member may upload photos to photoAC. In such a case, the Company shall review the content of photos and check whether they are suitable for distribution to the public. The Company shall not accept any uploading of photos which infringe copyrights, property rights, trademark rights or any other rights of third parties. The Company shall not accept any adult-oriented photos.
- In the case where it is determined that the photo has defects, is low quality or infringes any rights, or that it is inappropriate to be posted on photoAC, the Company shall have the right to refuse uploading of the photo or delete the uploaded photo. In deleting the photo, the Company shall not be obligated to give notice of the fact of deletion and its reasons to the member who uploaded the photo.
- The Company may add “search word (tag)” at the discretion of the Company so that the uploaded photos shall be viewed by as many people as possible. In such a case of addition, the Company shall not be obligated to notify the members of the content.
- By uploading photos, members shall assign to the Company any copyrights in the photos (including the rights under the Copyright Act, Article 27 and Article 28) and the copyrights in the photos shall belong to the Company thereafter. A member who has uploaded photos shall not claim moral rights of an author to the Company, users who downloaded the photos or any other third parties. This shall apply to the case where schools and educational institutions and the like upload photos as a group.
- Indicating credits in the photos to be uploaded by members shall be prohibited. Even in a case where a member uploaded a photo indicating credits, the copyright shall be assigned to the Company at the time of uploading under the Terms and Conditions of Use. A member who has uploaded the photo indicating credits shall not claim moral rights of an author to the members who downloaded the photo.
- A member uploading photos shall assume all liabilities for the to-be-uploaded photos. A member uploading photos shall guarantee that the member owns any rights in the photo and shall be obligated to acquire a non-exclusive, perpetual, irrevocable, worldwide royalty-free and unconditional use right, which are required for use of photos regardless of the purpose of use.
- The member who uploaded photos guarantees to the Company that the uploaded photos do not infringe the intellectual property rights or portrait rights or any other rights of third parties.
- If any dispute arises with a third party over the uploaded photo, the member who has uploaded photos shall resolve the dispute at the responsibility and expense of the member and shall not cause any trouble to the Company. In the case where the Company incurred any damages, the member shall immediately compensate the Company for any and all such damages.
- When the member who has uploaded a photo receives a complaint or was sued by reason of infringement of intellectual property rights or portrait rights or any other rights by third parties in relation to the uploaded photo, the member shall notify the Company without delay.
- The Company permits the member who uploaded photos to upload the uploaded photos to other material download site(s); except when the material download site(s) to which the photos were uploaded causes the copyright in the photo to be transferred to the operator or users of the download site(s), or cause such copyright to be waived.
- The Company shall not claim the copyright against the user, where the member who uploaded the photos is permitted to upload the photo on other material download site(s), in the case where the photos were lawfully downloaded by users of such download site(s).
- It is prohibited to post photos temporarily only for the purpose of gaining prize money and prizes in the photo contests held by the Company and to delete the photo from photoAC immediately after such contests.
- Members may not delete the photo without the consent of the Company.
- Per download of the photo uploaded by a member in photoAC, 2 points will be added.
- Members can manage the point acquisition status and the change history of the balance of points on the management screen after logging in photoAC.
- Members can receive money or any other privileges through the services provided by the Company or the third party designated by the Company by using points.
- In the case where a member uses points, the member shall use points in accordance with the display content on the management screen.
- Points are tokens which represent the possibility of obtaining privileges if the conditions determined by the Company are satisfied at the time of using points, and no specific rights or obligations are created between members and the Company due to acquisition of points by members. Receiving of money or provision of any other privileges might be changed or abolished in the future, and in such a case, the Company shall not warrant the use of points presumed at the time of acquisition of points.
- Points will be invalid in the case where a member has not logged in for more than twenty-four (24) months from the last date of log-in.
- The Company prohibits members to acquire points through committing acts prohibited by the Terms and Conditions of Use, use of automatically operating programs, etc., act of downloading photos for the purpose of earning points, and through any other wrongful means.
- In the event that a member falls under any of the items below, the Company may invalidate all or part of the points without giving notice to the member. In such an event, the Company shall not be liable for any damages incurred by the member.
- (1) In the event that the member breached or might breach the Terms and Conditions of Use.
- (2) In the event that the Company determined that theDownloading and Using Photos member acquired points through wrongful means.
- (3) In the event that the effective term determined by the Company has elapsed.
- With respect to use of points, the Company shall not take actions such as cancellation after use or reissuance of points in any event. Even in the case where the points of the member disappeared due to wrongful use by a third party other than the member, the Company shall not reissue points.
- The Company shall be liable for damage and disappearance of points due to overload of the system, defect in the system, maintenance, natural disaster, power failure, communication failure, unauthorized access or any other events, only in the case where the member proved by a rational method, the number of points held by the member.
- In the case where any dispute arises with a third party in relation to the Point Service, a member shall resolve the dispute at the responsibility and expense of the member and shall not cause any trouble to the Company. However, the member shall immediately notify the fact in the case where such dispute arises.
- The Company may change the specifications of the Point Service, including improvement, addition or abolition, etc. Members shall agree to such change in advance.
- One point is worth 0.01 USD and can be exchanged for cash only when the specified amount of cashable points is reached.
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) Template 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 photos to confirm that all rights, consents and licenses required for use of photos 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 templates stored in ACworks.
- The Company shall not be liable for any failures and accidents, etc., that might arise due to the use of templates 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 templates 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 templates stored by photoAC or downloaded from photoAC and used.