Terms of Use - photolibrary


Terms of Use

Thank you for using Photolibrary. This website (hereinafter referred to as "Website") is owned, operated and maintained by Photolibrary Inc. (hereinafter referred to as “Photolibrary”). Please read these Terms of Use and perform the member registration on the consent before using this site.

Terms of Use / the Contents

1. Copyright and Disclaimer

In our website, there are some images contents (hereinafter referred to as the “Content”) that does not have a portrait rights, trademark rights, copyrights and patent rights and use rights of about persons, goods, buildings and places like that. Please note for those that need to be permitted in accordance with the form of use of the Content.
Photolibrary are not responsible for any troubles that every user (hereinafter referred to as the "User"or the“Member”) encounters through the use of the Content.

2. Captions, keywords and descriptions

Photolibrary describes captions and keywords of materials carefully in the Website. However, the User shall use cautions when choosing the Content. Photolibrary do not take responsibility at all in the User about mistake of keywords description.

3. Responsibility for usage of the Content

The User owns all responsibility for using the Content alone or conjunction with the Content. Photolibrary are not responsible for any troubles that after the User used the Content.

4. Copying and Distribution to third party

The User shall be prohibited from engaging in any of the following activities with respect to the use of the Service:
(1) to perform image data of the content without performing image processing and processing and can replicate as digital data to a CD-ROM or other recording medium, by performing the output to such a film.
(2) to sell duplicate data, such as those mentioned above to a third party, distribution, transfer, be lent and transmission.
(3) to produce the only data of the Content and sell or rent without permission.

5. Restrictions on content redistribution

Photolibrary prohibit that the Member sub-license the content is prohibited make it ready for use or distribution of independently of the other website user of the product or Web page on the Internet.
The Member can be able to download in Web pages that purchaser production or operated the content. The Member will be able to be able to format the purpose of permanent storage or re-use by Web site users.

6. Prohibited Activities

(1) Use in obscene content or against public policy and good morals;
(2) Use in pornography or sexually explicit sites, dating site and the product in advertising associated with them;
(3) Use which may make material changes or alterations to subject of the Contents;
(4) Use which may violate the moral rights of the subject people;
(5) Specific religious activities and political activities;
(6) Use of less than 450 pixel data for comprehensive layout for other than mockup purpose;
(7) Use for trademark;
(8) Redistribute the Content as material.

7. Returns and Refunds

The Member is not entitled to return, to exchange and to refund the Contents except in the following cases. Please notice that you confirm to order or purchase the image certainly. Photolibrary shall exchange the image as soon as if there are some troubles on data at computer server. Photolibrary will deal in price refund if we could not exchange the image.
You could download the same image again for one month if your computer system trouble will happen.

8. Please do not link directly to Photolibrary.
Direct links to the website are not permitted. If Photolibrary found that you linked to the web site directly, you may have to pay the price.

Membership agreement

1. Membership Registration

To use the Service, the User shall be required to accept and agree to the Terms of Use, and complete membership registration procedure designated by Photolibrary. After you've completed the registration process, we will send the completion of the registration e-mail. The Member shall make notify Photolibrary of any change of registered information. If you are children under 15-years of age, please use together with your guardians.

2. User ID & Password Management

Please manage your ID and password as not known by other people. If Photolibrary confirm that the Member If the entered user ID and password has to be consistent with those registered confirmed by a predetermined method, assumes that there is used by members, they theft, a person other than the members by unauthorized use or other circumstances even if you are using, and does not assume any responsibility for damages thereby caused.

3. Handling of Personal Information

The Member agree to usage of his information for after service, notice of the event, our products, any service, generating statistics for marketing.
Photolibrary takes notice to relate to registration information of members shall be sufficient attention to the privacy of subscribers.
Photolibrary promises not to disclose private information of the Member to the third party except the following cases.
(1)If Member has agreed to disclosure;
(2)If Photolibrary exchange the Member’s information between the credit company for confirming efficacy of the credit card;
(3)If Photolibrary disclose the proving data to the third party by the information of the Member by method or to identify individual information;
(4)If the Member is prompted to disclosure from court, prosecutors, police on the basis of the law.

4. Cancellation of registration/Suspension of Services

Photolibrary can delete the Member’s information without notifying if we judged that
The Member is corresponds to the following cases.
Photolibrary are not obligated to disclose the reason for withdrawal to the Member.
If the Member wishes to withdraw from our service, please apply from withdrawal form in this site.
(1)If the Member violate of this Membership Agreement;
(2)If the Member interrupts operation of the service;
(3)If the Member made false application at the time of registration;
(4)If the Member sell image by overlapping membership registration;
(5)If the Member use illegally ID or Password;
(6)If the Member contrary to public policy or morality;
(7)If the Member is found to be or to have been involved in anti social forces;
(8)If the Member dies;
(9)If the Member unlogged for more than three years;
(10)If the Member is noticed to stop using her or the credit card by the credit company;
(11)If the Member use the credit card illegally for using our service;
(12)If we consider the Member to be inappropriate member.
For membership registered address confirmation, there is a case where we are allowed to send the verification documents to your registered address. If Photolibrary do not confirm your whereabouts for certain, we will cancel your membership registration.

5. Suspension and Discontinuation of Service

As the following cases, we may want to temporarily suspend or stop the Service.
(1)Regular maintenance or Emergency maintenance.
(2)Emergency case as natural disaster.
(3)If it is determined operational required of this service.
For damages of members caused by interruption or cessation of the Service, Photolibrary will do not assume any responsibility in any case.

6. Notice concerning change of services

Photolibrary can modify or eliminate all or part of our service accordingly at our discretion. Accordingly, the member may not be to use the image that was considering the purchase or purchase in the past.

7. Payment of the Purchase Price

The Member shall pay for the contents in one of the following payment methods.
(1)By credit card
(2)By PayPal

8. Disclaimer and Other Related Matters

The Member shall recognize that the transmission act of using the Internet includes the risk of leakage of personal information, the management on the basis of its own responsibility.
Photolibrary shall have no liability for any damage.
Photolibrary does not take any responsibility for damages caused by that the Member violated the terms of use.
Photolibrary does not assume any damages that caused by changing the contents of this service.
Photolibrary are not liable for damages caused by interruption of the system according to the failure of such communication line or computer.
Photolibrary does not guarantee that it does not contain any harmful such as computer viruses to theweb site to be operated.
Photolibrary does not assume any responsibility about the trouble (Illegal or proposal of acts contrary to public order and morals, defamation, insult, copyright infringement, invasions of privacy, intimidation, slander, harassment, etc.) that occurred between the users.

9. Revision of Terms

Photolibrary have the right to revise the Terms from time to time.
Photolibrary shall notice to the Member by Email or web site about our service if we revise this agreement at any time. Based on the preceding paragraph, we judge that the Member agree to the revised Terms of Use if he does not unsubscribe within the period (within five days) that we define the Terms revised from the date of the announcement.

10. Governing Law and Court of Jurisdiction

The Terms of Use shall be executed in and controlled by Japanese language. This Agreement shall be governed by and construed in accordance with the law of Japan.
However, the United Nations Convention on Contracts for the International Sales of Goods shall not apply.
The Tokyo District Court or the Tokyo Summary Court shall have the exclusive jurisdiction of the first instance over all disputes arising in connection with this contract.

As of March 2, 2015