Article 1 (General Provisions)
Article 2 (Definitions)
For the purpose of the Terms, the following terms used herein shall be defined as follows:
- “User” shall mean individuals (members) who are authorized to use the Service by the Company as a result of agreeing to the Terms and completing the procedures prescribed in Article 8, and individuals (non-members) who temporarily start using the Service with the “Temporary Use” function.
- “Mail Address” shall mean a character string input by the User in an applicable column of the application form when he/she files an application for the Service.
- “Password” shall mean a character string input by the User in an applicable column on the application form when he/she files an application for the Service, or a character string that is manually changed by the User using the password changing function on the Service.
- “Photobook” shall mean a group of characters and images, etc. stored and edited using the Service and the edited data itself or a bounded and printed book of such edited data.
- “Calendar” shall mean representation of months, days and days of week of a certain period that are stored and edited using the Service, which is a group of characters and images, etc. and its edited data or a printed matter of such edited data.
- “Data” shall mean all the information that is necessary to use the Service.
- “Product” shall mean a printed matter created using the “Service”.
- “Source Data” shall mean data necessary for ordering the Product that is created and edited by the User for the purpose of creating the Product using the Service.
- “Official Site” shall mean a website that is made public by the Company for the purpose of showing advertisement of the Company and the Service, providing the Service, and/or responding to customers.
Article 3 (Details of the Service)
- The User may use the functions of the Service for the purpose of ordering the Product that uses images, etc. of which copyrights and trademark rights are properly held by the User or that are provided by the Company for the use within the Service.
- For the precedent Paragraph, machines and equipment (such as PC and smart phone), software (such as OS, application, and browser), and Internet connection environment that are necessary for using the Service shall be prepared by the User. The User shall be responsible for any internet connection fees and/or mobile carrier charges that the User incurs when accessing or using the Service.
- The Company may change the content of the Service due to the following reasons without obtaining consent of the User. If the User uses the Service after the change of the Service, the Uses shall be deemed to have agreed to such changed Service.
If the User suffers damage from the use of the changed Service, the Company shall not compensate for such damage unless such damage is caused by intentional or material negligence by the Company.
- In the case the Company judges that the change is required for stable provision of the Service;
- In the case the Company judges that the change would improve convenience of the User;
- In the case that there is a justifiable social reason.
- In principle, use of the Service shall be limited to people of which physical address to receive the Product can be specified on the Service.
Article 4 (Product)
- The specifications of the Product shall be specified by the Company and any other requests shall not be accepted.
- The name of the Company and the Service, and other information shall be displayed on the Product as appropriate.
- The Product ordered by the User shall be delivered to the physical address registered by the User by a courier service and with a method designated by the Company within a period indicated on the Official Site as an estimate. If the Product does not arrive at the User in spite that the Company sent to the registered address due to a reason not attributable to the Company, the Company shall assume no responsibility.
Article 5 (Quality, Exchange, Return, Keeping, and Disposal of the Product)
- The quality of the finished Product depends on the quality of images uploaded by the User. The quality of the Product may be different from the displayed result or the printed result obtained with a monitor or a printer used by the User. If the quality of the finished Product is different from the one expected by the User, the Company shall assume no responsibility.
- Any order of the Product that was once confirmed shall not be cancelled and any Product cannot be exchanged, returned or cancelled, as the Product is completely custom-made for the User. However, only if the User finds any clear defect on the Product or if the User receives the Product that is clearly different from the one ordered by the User, the Company shall exchange the Product. In such case, the User shall contact the Company using the inquiry function within the Service immediately after receiving the Product, and any fees and charges required for exchanging the Product shall be borne by the Company. If the data on the server cannot be used due to a reason not attributable to the Company (including the cases that the User withdrew from the Service or that the status as the User is revoked), the Company may not exchange the Product. Additionally, the User occasionally may not use the front page of the Photobook chosen by the User at the initial order. In such case, the User is required to choose other front page.
- If the Product is returned due to incorrect information input by the User, the User may arrange redelivery with a method designated by the Company. When the User arranges redelivery, the User shall input correct information and separately pay the redelivery charge as prescribed on the Service.
- In addition to the above, if the Company cannot deliver the Product due to any reason not attributable to the Company, the Company shall keep the Product in thirty (30) days. If the Company does not receive any delivery request from the User within such 30-day period, the Company may dispose the Product.
- The User shall not be released from its obligation to pay the Service fee under Article 6 by any reason. Provided, however, this provision shall not apply in the case that, as prescribed in Paragraph 2, the Product received has a clear defect or the User receives the Product that is different from the one ordered by the User and the Company cannot exchange the Product.
- The Company shall not accept any refund of the Service fee as a result of return of the Product and/or cancellation of the order in principle.
Article 6 (Service Fee and Payment Method)
- When the User makes an order on the Service, the User shall pay the pre-defined Service fee (Product price and delivery charge). The User shall choose the payment method of the Service fee from options designated by the Company, and complete the payment.
- The User shall comply with the membership terms and conditions of the company providing a settlement service for the Service fee that is chosen by the User. In any method the User choses, the User must be allowed or have the legal right to use such payment means.
- If the User fails to pay the Service fee to the Company by the due date, the User shall pay the delinquency charge that is calculated by multiplying 14.6% per annum by the unpaid amount during the period from the following day of the due date that is determined based on the payment method chosen by the User to the day the full amount is paid, with a method designated by the Company.
Article 7 (Coupon)
- The coupon shall mean a kind of ticket that includes a key for “providing a discount when ordering the Product”. The key may be given in a printed form or distributed via an electronic mail or on the web.
- The coupon can be used when ordering the Product.
- If the User suffers damage as a result of incorrect use or insufficient management of the coupon, or an unauthorized use by a third party, the Company shall assume no responsibility for the damage incurred by the User.
- The User who uses the coupon may be asked to use the Service under rules that are different from the Terms and designated by the Company or a company or an organization that is authorized to distribute the coupon. In such case, the applicable Users shall be notified by a print, on the Website, or via mail, and the User shall follow such rules.
- The coupon cannot be exchanged to cash. If the effective period of the coupon is expired, it shall not be re-issued.
- The User is not allowed to use the coupon on a commercial basis or for profit without permission of the Company.
Article 8 (User Registration)
- A person who intends to use the Service shall accurately input necessary information on the application form on the Service, and submit it for the application. When the Company informs the person of the completion of user registration, the person shall become the User (Member) who is authorized by the Company to use the Service under the Terms, except for the cases where the User uses a membership authorization service provided by other companies.
- If the User uses a membership authorization service provided by other companies for the use of the Service, the user registration shall automatically be completed at the time of initial access to the Service, and the User is authorized by the Company to use the Service under the Terms.
- An individual person (non-member) who temporarily started using the Service with the “Temporary Use” function may install the application provided by the Company and try to use some functions before the registration. In such case, the person is not required to make a user registration.
- The status as the User shall effectively continue until the User withdraws from the Service as prescribed in Article 10, or the User credentials are revoked pursuant to the provisions of Article 15, or the Service is terminated pursuant to Article 22.
- If any registration information is incorrect or changed, the User shall immediately correct or change the information.
- The User may neither unify the User status with other User status that was registered using a different e-mail address or a membership authorization service provided by other companies, nor transfer the Source Data to other User.
- The User is not allowed to assign or lend the whole or part of its status or rights and obligations under the Terms to a third party.
- If a person who seeks to make a user registration of the Service meets any of the following conditions, the Company may refuse to accept the user registration or user re-registration of such person. The Company shall assume no obligation to disclose a reason for such refusal.
- If the whole or part of the information submitted to the Company at the registration is false, incorrect, or omitted;
- If the User is under the age of 13;
- If the User is a minor of 13 years old or older, or an adult under the adult guardianship, curatorship, or advisership, and the User’s legal agent, guardian, curator, or adviser has not given consent;
- If the Company judges that the User is a member of anti-social forces etc., (i.e. anti-social forces such as “Boryokudan” crime syndicate, Boryokudan-member, and other groups or members that are similar to Boryokudan; the same shall apply hereafter), or has any relationship or involvement with anti-social forces, etc. such as cooperating or being involved for the maintenance, operation, or management of anti-social forces, etc. through the provision of funds or other means;
- If the Company judges that a person who applies for using the Service violated the Terms in the past or has a relationship with a person who used to violate the Terms;
- If a person has received any disposition as prescribed in Article 15 in the past.
Article 9 (Obligation of the User)
- The User shall manage its Mail Address, Password and the user ID for the member authorization service provided by other companies on its own responsibility. A person (non-member) who temporarily starts using the Service with the “Temporary Use” function is not required to have a mail address, etc. If the User suffers damage due to an unauthorized use by a third party of its Mail Address and the Password used in the Service, the Company shall assume no responsibility. The User shall immediately notify the Company of any unauthorized use of the Service when the User is aware of it.
- The User shall use the Service with its own responsibility and judgment, and solely and fully be responsible for all the acts in connection with the use of the Service, whether or not such acts are made by the User.
- The User shall be responsible for the Source Data of the User, and the Product created by the User in connection with the use of the Service unless a trouble occurred on the Source Data or the Product is for a reason attributable to the Company, and the Company shall expressly disclaim any liability for such Source Data and Product.
- The User shall assume obligation not to infringe intellectual property rights such as copyright and trademark right, properties, privacy or the right of portrait, and other rights held by a third party, and represents and warrants to the Company that the Source Data used by the User does not infringe these rights held by a third part.
- When creating the Product, if the User uses the Source Data that contains the copyright, the trademark right, the right of portrait, or other intellectual rights that are held by a third party other than the Company and provided within the Service, the User must agree that the User would use such Source Data only for the private purpose even if such Source Data also contains a work of which ownership properly belongs to the User, and that the User would not use such Source Data for an act that falls into any of those prescribed in Article 11. In addition, due to violation of the provision in this Paragraph by the User, the expenses incurred by the Company in the event of responding to a claim for damages from a third party, and other expenses required for resolution shall be compensated by such User pursuant to Article 9, Paragraph 7.
- If the User receives any inquiry or complaint from a third party about the use of the Service, the User shall respond to such inquiry and resolve such complaint on its own responsibility and cost.
- If the User causes damage to the Company or any third party due to its use of the Service (including the case that the Company or a third party suffers damage from non-performance of the obligations under the Terms by the User), the User shall settle and resolve the case at its own responsibility and cost, and shall hold harmless the Company from losses or damages as a result of settlement or resolution of such case. If the Company pays damages to a third party due to any act taken by the User, the User shall compensate for such damage and costs incurred by the Company.
- If the Source Data of the User used for the Service infringes or may infringe a right of a third party or falls into any act prescribed in Article 11, the Company shall delete such Source Data without making a prior notice to the User pursuant to Article 12. In such case, the Company shall assume no obligation to take any act set forth in Article 12, and omission by the Company of any act set forth in Article 12 shall not mean that the User could continue using such Source Data.
- If the User suffers any disadvantage as a result of the action prescribed in the precedent Paragraph, the Company shall assume no liability.
- If the User uses a service provided by other companies in connection with the Service, the User shall comply with the rules of such other service.
Article 10 (Withdrawal from the Service)
- The User may freely withdraw from the Service. The User who desires to withdraw from the Service shall do so on the Membership withdrawal function on the Service. The withdrawal of the User from the membership shall immediately become effective, and the User information of the User and all the data voluntarily registered by the User such as images, etc. shall be completely deleted, and the User shall be unable to use the Service any more. The Company shall have no obligation whatsoever to save or make any such deleted data available to the User. The User shall agree that the Company will have no liability whatsoever to the User or any other party as a result of a withdrawal from the Service and/or as a result of the deletion of any data following the withdrawal from the Service by the User.
- The User who starts using the Service with the “Temporary Use” function is not required to complete the membership withdrawal procedure, as the User is not a member of the Service. If the User uninstalls the application provided by the Company, the User information and all the data voluntarily registered by the User such as images, etc. shall be completely deleted and the User shall be unable to use the Service any more. The Company will have no liability whatsoever to the User or any other party as a result of the deletion of any data following the uninstallation of the application by the User.
Article 11 (Prohibited Acts)
When using the Service, the User is prohibited to take the following acts:
- Acts that infringe or may infringe intellectual property rights such as copyright and trademark right, properties, privacy or the right of portrait, or any other rights held by the Company or any third party, including removing any copyright, trademark or other property rights notices contained in or displayed on any portion of the Service;
- Acts that discriminate, defame, or slander the Company or any third party, or that are detrimental to reputation or credibility of the Company or any third party, or provides a third party with a sense of discomfort;
- Acts to send or store obscene images including description of human naked body, and images that are child porn or child abuse;
- Acts that may stimulate or encourage a crime or an illegal act, including engaging in spamming and transmitting any software or other materials that contain any viruses, malwares, defects, or other destructive items;
- Acts to use the Service using an e-mail address held by others;
- Acts to restrict or inhibit any other user from using the Service, including, without limitation, by means of "hacking" or defacing any portion of the Service;
- Acts that (intend to) provide, reproduce, duplicate, copy, or sell, the whole or part of the Service to a third party on a commercial basis or for profit without prior written consent of the Company;
- Acts that cause or likely to cause excessive load on the server of the Service;
- Acts to analyze the application software for the Service and the data handled by the application software in any method or form, including reverse engineering, de-compiling, dissembling, and others.
- Acts to unlawfully move, modify, delete or improperly display advertisement shown by the Company without authorization;
- Acts that intend to advertise or promote products not permitted by the Company;
- Acts to use the Service for the purpose of soliciting a pyramid business scheme or a network business;
- Representation and/or content of adult sites and online dating websites, or acts to lead to such sites;
- Acts that are election campaign activities or any other similar acts;
- Acts that the Company judges inappropriate;
- In addition to those listed in each Item above, acts that violate laws, regulations, and bylaws, or that offend against public policy.
Article 12 (Modification/Deletion/Reporting)
If the Company judges based on a rational reason that the User is likely to take any act set forth in Article 11, the Company may, at its own discretion, take one of the following actions without obtaining consent of the User. The Company shall not be responsible for any damage or loss incurred by the User as a result of any action prescribed in this Article that is taken by the Company. If the Company has taken any act set forth in this Article, the User shall neither exercise its moral right against such modification nor challenge such action.
- Termination of access to and use of the Service by the User, and deletion of the account of the User;
- Modification or removal of such act by the User to the one that (in the Company’s own judgment) would not violate Article 11;
- Notification of such act to a competent government authority if the Company judges that such act may infringe laws and regulations applicable in the User’s residential place or the domicile of the Company.
Article 13 (Handling of Source Data)
- The User shall allow the Company to use (including processing and/or copying) the Source Data prepared and edited by the User to the extent necessary for the Company (for making and delivering the Product and storing the data) with free of charge and indefinitely, and the User shall not exercise its moral right.
- Copyright of texts and images stored, created, and/or edited by the User at the time of making the Source Data shall belong to the User who initially created them.
- Copyright and other rights of information and software provided in the Official Site other than texts and images stored, created, and edited by the User for preparing the Source Data shall belong the Company or a person who officially has such right.
Article 14 (Retention Period of Data)
The Source Data that is prepared by the User shall be retained from the date of first order using such Source Data, until it loses the status of the User based on Article 8.4.
Article 15 (Termination or Revocation of User Credentials)
- If the User falls under any of the following Items, the Company may terminate or revoke the User credentials upon prior notice to the User in principle.
- If the User submits false information at the time of application for the Service;
- If the Company finds that the User takes an act that violates or may violate the Terms;
- If the Company judges that the User is anti-social forces, etc., or a person who has any relationship or involvement with anti-social forces such as cooperating or being involved for the maintenance, operation, or management of anti-social forces, etc. through the provision of funds or other means;
- If the Company judges that the person is inappropriate as a User.
- In addition to the precedent Paragraph, if the User takes a prohibited act as prescribed in Article 11, the Company may take actions prescribed in Article 12.
- If the Company or a third party suffers damage from the violation of the Terms by the User, the User shall compensate for such damage. If the Company pays damages to a third party due to the violation by the User, the User shall compensate for such damages and costs (including a reasonable lawyer’s fee) incurred by the Company.
Article 16 (Temporary Suspension of the Service)
- The system for providing the Service shall be operated 24/7 in principle. However, this provision shall not apply when facilities used for the Service is under maintenance, or the Service cannot be provided due to power failure, accident, and/or natural disaster. In such case, although the Company shall inform the User in advance as much as possible, the Company may omit such notice if the Company cannot expect the situation or needs to respond to the situation immediately.
- While the Company actively enhances its server facilities depending on the condition of use by the Users, the User may not use the Service temporarily if the server cannot process all the requests of the Service due to a rapid change of condition of use.
- If the User suffers damage from delay or suspension of the Service caused by the reason as prescribed in each Paragraph above, the Company shall assume no responsibility unless such delay or suspension is caused by intentional or gross negligence of the Company.
Article 17 (Management of the Source Data)
- The Company has a right to modify or delete the Source Data pursuant to the Terms any time if the Company judges it necessary.
- The User agrees that the Company may modify or delete the Source Data pursuant to the provisions of Article 12 or suspend or revoke the User credentials as prescribed in Article 15, if the Company judges at its own discretion that it is necessary to comply with the Terms and applicable laws and regulations such as the cases that meet any provision in Article 11. Therefore, the User shall always keep the Source Data in a state that does not violate the provisions in Article 11.
- Notwithstanding the provisions in Article 14, the Company shall not be responsible for any loss of information input by the User or the Source Data stored by the User for using the Service unless such loss is attributable to the Company.
- The Company shall have no obligation to monitor the Source Data registered by the User. The Source Data that violates the Terms may be removed from the Service; provided, however, that the Company has no obligation to remove the Source Data in response to User’s reports or requests. The Company shall not be responsible for, and will have no liability for, the removal or non-removal of any Source Data registered by the User.
Article 18 (Obtainment of Attribute Information and Action History)
- The Company may obtain attribute information, terminal information, location information, and/or action history (such as order information and site staying time in each screen within the application) of the User at the time of using the Service, for the purpose of improving convenience and making a statistical data.
- When obtaining the data mentioned in Paragraph 1, the Company may use an external tool only if such obtained data does not include information that can identify an individual, whether alone or combined.
- The Company may check and use the data obtained for a user trend survey or for understanding the condition of the Service operation, or for improving the Service.
- If the data obtained can identify an individual by combining several data, the Company shall not conduct such identification.
- The Company may disclose statistical data or analytic data prepared based on the data obtained to a third party in a form where individuals are not identifiable such as materials and media data for press release and a report of the Service use.
- When disclosing the data obtained to a third party in a form where individuals are not identifiable, the Company shall choose a subcontractor who agrees not to take any action that may identify individuals (re-identification.)
Article 19 (Advertisement)
- While using the Service, the User may see advertisement (notices via e-mail or direct mail), or receive a pamphlet, catalogue, or other leaflets that are enclosed in the Product. The User agrees to receive such advertisement and materials.
- Advertisement may be distributed not only by the Company but also by third party advertisement distribution operators.
- Third party advertisement distribution operators used by the Company may distribute advertisement on the Official Site or on the Service based on the history of access by the User to the Official Site or external sites by using Cookie and the advertisement identification number.
- If the User suffers damage from advertisement on the Service, the Company shall assume no responsibility.
Article 20 (Indemnities)
In addition to the provisions from Article 1 to the precedent Article, the Company shall be indemnified from and against all the responsibilities as listed in each Item below:
- When the User uploads, stores, and/or edits Images, etc., such Images may be degraded due to server load or the condition of a telecommunication line. The Company shall be liable for neither such degradation of the image quality nor damage incurred by the User or a third party due to such degradation (including indirect damage such as opportunity loss; the same shall apply hereafter);
- When the User uploads images, etc. from a PC, feature phone, or smart phone, a mail would not reach, or the data would be broken due to server load or the condition of a telecommunication line. The Company shall assume no responsibility for such upload failure of the images, etc.;
- The User shall complete procedures related to the copyright and the right of portrait of images, etc. by itself, and the Company shall assume no responsibility;
- When the User or a third party browses Images, such Images may be degraded or not be displayed due to server load or the condition of a telecommunication line. The Company shall assume no responsibility for damage suffered by the User or a third party due to the reasons mentioned above;
- If a membership authorization service provided by other companies ceases, or if the User voluntarily terminates or cancels such membership authorization service and/or associated services, the User may not use the Service. The Company shall assume no responsibility for damage suffered by the User due the reasons mentioned above;
- The Company shall assume no responsibility for damage caused by the use of the “Temporary Use” function.
- The Company shall assume no responsibility if the User suffers damage from the fact that the Company took an action as prescribed in Article 15.
- If the User or a third party suffers damage from the contents of any advertisement displayed in connection with the use of the Service or from such advertisement, the User and the third party shall resolve a dispute with a third party advertiser of such advertisement, and the Company shall assume no responsibility for such damage.
- If it is found that the Service has a defect, the Company shall make its best efforts to correct it as soon as practically possible. However, the Company shall assume no responsibility for damage suffered by the User due to the use of such defected Service and damage suffered by the User or a third party as a result of non-use of the Service.
- Even if the Company is obliged to pay compensation for losses to the User due to the application of the Consumer Contract Act or other reasons, unless the default is due to intentional or gross negligence of the Company, the Company shall only compensate for direct and actual damage caused by the Company’s default. The Company shall assume no responsibility for compensating opportunity loss or other indirect damage regardless of the reason for claiming such compensation. The maximum amount of compensation to be paid by the Company shall be the amount actually received by the Company from the User, and the Company shall not pay the compensation exceeding such amount.
- The Product is expected to be delivered within an estimated period shown on the Official Site. However, the User should understand that the delivery timing may be changed due to the production and delivery condition of the Company’s factory, system failure, shipment status of a subcontracting delivery operator, traffic condition, natural disaster, weather, and other reasons. If the Company cannot deliver the Product due to omitted or incorrect information registered by the User or other reasons attributable to the User, the Company shall assume no responsibility.
Article 21 (Revision of the Terms)
The Company may revise the Terms if the Company judges it necessary by notifying to the Users on the Official Site or the Service or with a method the Company believes appropriate. If the User uses the Service after the revision of the Terms, the Uses shall be deemed to have agreed to the revised Terms. If the User suffers damage from the use of the Service after the revision of the Terms, the Company shall not compensate for such damage unless such damage is caused by intentional or gross negligence by the Company.
Article 22 (Termination of the Service)
The Company may terminate the Service by notifying the User of the termination in a manner designated by the Company at least three month prior to such termination date. The Company shall assume no responsibility if the User suffers damage from the termination of the Service.
Article 23 (Handling of Personal Information)
- The Company shall properly handle personal information pursuant to the personal information protection policy defined by the Company.
- The Company shall not disclose to a third party personal information input by the User when using the Service. However, the Company may disclose the personal information of the User if such User requests or approves it, or if the User violates the Terms and such disclosure is required for the Company to proceed the right preservation procedures, or if the Company is obliged to disclose the personal information to cooperate with an investigation agency for their search and investigation, or if the Company is requested to disclose it based on an order from a court or pursuant to laws, regulations, securities exchange rules, or regulations by the Japan Securities Dealers Association.
Article 24 (Severability)
If any or part of the provisions of the Terms is held to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions or other part of the provisions of the Terms shall still survive and remain fully effective.
Article 25 (Survival provision)
The User agrees that (i) the provisions which should survive in view of the purpose or nature of the Terms shall survive even after the withdrawal from the Service and, (ii) the User shall be subject to the Terms (including but not limited to provisions relating to our exemption from liability) with regard to acts and events before the withdrawal, and the events and results attributable thereto.
Article 26 (Governing Law and Jurisdiction)
- The official text of the Terms shall be the Japanese version. If there is discrepancy between the Japanese version and the translated version provided by the Company, the Japanese version shall prevail. The Terms shall be governed by the laws of Japan without regard to its conflict of laws principles. The Tokyo District Court in Japan shall have the exclusive jurisdiction of the first instance over all the lawsuits in connection with a dispute between the Company and the User.
- For the Service, the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
- Revised on September 26, 2011
- Revised on October 12, 2011
- Revised on December 8, 2011
- Revised on August 1, 2012
- Revised on March 28, 2013
- Revised on September 17, 2013
- Revised on June 30, 2014
- Revised on February 9, 2015
- Revised on October 31, 2016
- Revised on April 1, 2017