All Sports Community

2018 CHIBA AQUALINE MARATHON

E641569

Search by your racing bib number.

You can use your racing bib number to search all photos of yourself taken by professional photographers. Easy and simple.

Photos are all taken by professional photographers.

Professional photographers will be out on the course from start to finish to capture your great moments and smiles.

Photos from this event will soon be available.

Register your email address and we will notify you when photos for that event are posted.

To receive an email on your mobile, check how to configure your phone to receive messages from a specified domain and adjust your settings to accept emails from our domain, "mail.allsports.jp" or "photocreate.co.jp"

Enter customer information

Email address [mandatory]
Relationship to an event participant [mandatory]

Read the Terms and Conditions of Use carefully and agree to the contents before you proceed with your order.

Basic Terms of Use of the Service

The Service (as defined in Section 1(a) below) administered by Photocreate Co., Ltd. (“Photocreate”) is only available to Users (as defined in Section 1(b) below) who agree to be bound by the “Basic Terms of Use of the Service” (“these Terms”) set forth below. Users will use the Service after agreeing with these Terms in advance.

1. Definitions

As used in these Terms, the capitalized terms shall have the meanings ascribed to them below:

  • (a) “Service” means collectively the service known as “All Sports Community” administered by Photocreate and any other photo-related services to be separately determined by Photocreate.
  • (b) “Users” or “User” mean the entities or individuals who use all or any part of the Service.
  • (c) “Sites” mean Photocreate’s websites (including not only its websites for personal computers but also its mobile sites).
  • (d) “Data” means any graphics or other data uploaded to any of the Sites by Photocreate or any third party with whom Photocreate has an outsourcing or any other partnership relationship.
  • (e) “Products” mean collectively the photos and other goods, Data and other services to be sold and distributed by Photocreate.
  • (f) “Personal Information” means any information about a [living] individual which can identify the specific individual by name, date of birth or other description contained in such information (including such information as will allow easy reference to other information and will thereby enable the identification of the specific individual).
  • (g) “Usage Agreement” means the agreement on the usage of the Service.
  • (h) “Introduction Letter Offering Service” means, out of the Service, the service through which Users can receive notice from Photocreate by email that the Data relating to the events designated by those Users in advance has been posted on the Sites.

2. Handling of Personal Information

  • (1) Personal Information about Users to be gathered by Photocreate through the Service will be managed by its Personal Information protection manager (Mr. Isao Kuwahara, Director (privacy@photocreate.co.jp)).
  • (2) Photocreate will use the Personal Information about Users for the purposes of use described below. If there arises any change in the purposes of use of Personal Information in the Service, Photocreate will give Users prior notice thereof and use it once again after obtaining their consent for the purpose of use as changed.
    • (a) To improve the convenience of, and administer the systems for, the Service
    • (b) To introduce Photocreate’s new Products, services, campaigns, courtesy gifts, and other incentives;
    • (c) To give public notices, maintenance notices, and any other important notices;
    • (d) To dispatch, send and transmit email (including specified electronic mail), direct mail and facsimile messages to introduce Products and services that would be useful to Users;
    • (e) To engage in the postings of Photocreate’s Products and services on the Sites to help Users to use and purchase them;
    • (f) To engage in the provision and shipment of Photocreate’s Products and services to Users who has used and purchased them; and
    • (g) To do promotional and marketing activities for Photocreate’s Products and services.
  • (3) In providing the Service, Photocreate may enter into an appropriate contract with a company under which Photocreate will engage it to perform any or all of its services that may involve the handling of Personal Information, such as the maintenance of Data and shipment of Products.
  • (4) We will post “images of event participants on the Sites. In that case, only Users who are allowed to browse using an ID and password or otherwise can browse and purchase those images. Notwithstanding the above, with respect to those images separately designated by Photocreate, any users other than Users who are allowed to browse them using an ID and password or otherwise also can browse and purchase those images.
  • (5) For the purpose of helping event organizers to record the performance of their event (the “Recording Purpose”), Photocreate may provide those event organizers with images of the participants of that event. Photocreate will provide those images after rendering those data anonymous with encryption or otherwise. Photocreate will make it a rule to enter into a contract that it deems appropriate with event organizers, by which Photocreate will prohibit the event organizers from using the images of event participants for any purpose other than the Recording Purpose.
  • (6) If it is necessary for Users to register their Personal Information prior to using the Service, each User will have the option to decide whether to register his/her Personal Information. Notwithstanding the above, if Users elect not to register any information that is highlighted as “essential,” they may not be allowed to subscribe for various services.
  • (7) Users may request Photocreate to give notice of the purpose of use of, disclose, revise, add, delete, suspend the use of, or erase any Personal Information gathered by Photocreate, or stop providing such Personal Information to any third party. If any of the Users make such a request, please contact privacy@photocreate.co.jp.
  • (8) Photocreate gathers and controls access logs of Users in the Service in order to evaluate and improve its content and layouts and prevent any unauthorized access. Photcreate also uses cookies technology on any of the Sites for the purpose of managing or otherwise controlling sessions. However, this technology is not intended to identify an individual service user and Photocreate does not gather any Personal Information through the use of this technology.
  • (9) Unless especially stipulated in these Terms, Photocreate will properly handle any Personal Information in accordance with the “Privacy Policy” and the “Privacy Policy on Photos and Other Data” posted on the Sites, as well as other rules and regulations separately stipulated by Photocreate.

3. Use of the Service

  • (1) Users understand and agree to the entire provisions of these Terms and use the Service at their own cost and on their sole responsibility, and also will prepare all facilities required for themselves, such as telecommunication equipment, software and public circuits, at their own cost and on their sole responsibility.
  • (2) Users agree to maintain and control the facilities referred to in the preceding subsection on their sole responsibility, so that they may not interfere with the use of the Service.
  • (3) Users will judge the authenticity, accurateness, reliability, usefulness or any other aspect of information to be distributed by Photocreate through the Introduction Letter Offering Service and other information to be provided by Photocreate (including, without limitation, graphic videos, sounds, texts, photos and images), and acknowledge and agree beforehand that they will use them on their sole responsibility.
  • (4) Users will download software provided by any third party at their own risk and Photocreate will make no assurance and take no responsibility for results of such download.
  • (5) Unless otherwise permitted by Photocreate, Users must not use the Service for the purpose non-private use ,i.e., creating direct mail or other advertising material or for any other commercial purposes.
  • (6) If User is a minor, a person under assistance or a person under curatorship (collectively, a “Person with Limited Capacity”), the use of the Service will require the consent of his/her parent, or guardian of a minor child, assistant or curator (collectively, a “Guardian”).

4. Outsourcing

Photocreate may contract with a third party for the administration of the Service in whole or in part, with prior User acknowledgement and consent.

5. Purchase of Products

  • (1) Users can purchase Products as part of the Service.
  • (2) If a User wants to purchase any Products, he/she must take the utmost care to check the Price List as defined in Section 6(1) below and the method of payment set forth in Section 8 below, and issue a purchase order (a “Purchase Order”) by himself/herself in such manner as separately determined by Photocreate. For the avoidance of doubt, upon the issuance of such Purchase Order, he/she will be deemed to have subscribed for the Usage Agreement.
  • (3) If a User wants to utilize any Products purchased from Photocreate for non-private use, or any other commercial purposes, the User must give Photocreate notice thereof and make a report to Photocreate on such matters as separately designated by Photocreate when issuing a Purchase Order.
  • (4) Users must not make false entries when issuing a Purchase Order. Users must accurately enter the characters and others, if any, to be edited on Products, but must not use the characters separately prohibited by Photocreate.
  • (5) Users acknowledge and agree beforehand that once a Purchase Order is issued, they cannot withdraw or cancel it or assert any claim of its ineffectiveness, in either case for any reason whatsoever, except in cases where Photocreate separately sets up a period for which the Purchase Order can be canceled.
  • (6) Users acknowledge and agree beforehand that if any User becomes the subject of any of the following events or Photocreate determines that such event has occurred, Photocreate may not accept the Purchase Order without expressing reason:
    • (a) When there is any false entry, erroneous description or omission in the Purchase Order form;
    • (b) When the Purchase Order is issued by any third party other than the User himself/herself;
    • (c) When a credit card in the name of any person other than the relevant User has been used for payment of the Products;
    • (d) When a User is unable to pay for the Products or to perform his/her obligations under these Terms;
    • (e) When a User has previously been punished by cancellation of a sale agreement or other contract set forth in this Section 4(9) or otherwise by reason of his/her breach of these Terms, or has been restricted from using the Service as set forth in Section 12(1) below;
    • (f) When something is unnatural in the Purchase Order, such as the issuance of a single Purchase Order for a large number of Products;
    • (g) When it is commercially or technically difficult for Photocreate to distribute Products to that User;
    • (h) When a Person with Limited Capacity has issued the Purchase Order without the consent of his/her Guardian; or
    • (i) When Photocreate otherwise determines that it is not appropriate to accept the Purchase Order of that User.
  • (7) If Photocreate accepts the Purchase Order, Photocreate will give the relevant User notice of its acceptance in such manner as separately determined by Photocreate.
  • (8) A sale agreement or other contract will be concluded when Photocreate issues notice of such acceptance. If Photocreate does not issue a notice that it does not accept such Purchase Order within two (2) business days after Photocreate receives the Purchase Order, the sale agreement or other contract will be deemed to have been concluded after the elapse of those two (2) business days.
  • (9) The subscription for a Usage Agreement set forth in the second sentence of this Section 5(2) will be deemed to have been accepted with the issuance of the notice of acceptance referred to this Section 5(7) by Photocreate or the non-issuance of notice of the non-acceptance of the Purchase Order by Photocreate within two (2) business days after Photocreate receives such Purchase Order, and the Usage Agreement will be concluded simultaneously with the conclusion of the sale agreement or other contract.
  • (10) If any User becomes the subject of any one of the following, Photocreate may cancel the relevant sale agreement or other contract in whole or in part, request that the relevant Products be returned, or take any other appropriate measures (“Cancellation of the Sale Agreement or Other Contract, or Other Measure”). For avoidance of doubt, Photocreate assumes no obligation to explain to that User reasons for implementing the Cancellation of the Sale Agreement or Other Contract, or Other Measure pursuant to the first sentence of this Section 5(10):
    • (a) When it turns out that there is any cause that falls under any one of this Section 5(6)(a) through (h);
    • (b) When that User breaches any provision of these Terms; or
    • (c) When Photocreate otherwise determines that it is necessary to implement the Cancellation of the Sale Agreement or Other Contract, or Other Measure.
  • (11) Even if the Cancellation of the Sale Agreement or Other Contract, or Other Measure has been implemented pursuant to the immediately preceding subsection, the obligations to pay the amount of prices for the Products and the costs and expenses for shipment of Products (the “Amount of Prices for the Products and Other Costs”) that had already arisen when such measure has been implemented will not cease to exist, and the Users must pay Photocreate the Amount of Prices for the Products and Other Costs immediately after such measure has been implemented, and Photocreate will not return the already paid Amount of Prices for the Products and Other Costs to that User, and Users acknowledge and agree the same beforehand.

6. Amount of Prices for Products

  • (1) The amounts of prices for the Products are as shown in the list of prices posted on the Sites (the “Price List”).
  • (2) Photocreate can revise the Price List without giving Users prior notice.
  • (3) The revised Price List will become effective when Photocreate gives Users notice of the revision pursuant to Section 18 below.

7. Method of Payment

Users will pay the amount of prices for the Products in either of the following methods. For the avoidance of doubt, the settlement commissions will be borne by Users:

  • (a) Payment with a credit card; or
  • (b) Other method separately determined by Photocreate.

8. Return or Other Treatment of Products

  • (1) Photocreate will only agree to Users returning the following Products for replacement (“Returns”). Notwithstanding the above, if Photocreate determines that it is difficult to make reasonable replacements, Photocreate will only agree to Users returning those Products:
    • (a) Products that are evidently defective; and
    • (b) Products that are evidently different from those set forth in the relevant sale agreement or other contract.
  • (2) Notwithstanding the provisions of this Section 9(1), Photocreate will never agree to Users making Returns of Products that fall under any one of the following:
    • (a) Products whose focuses are missed but to such degree that is socially accepted.
    • (b) Other Products separately designated by Photocreate.

9. Introduction Letter Offering Service

  • (1) If a User wants to use the Introduction Letter Offering Service, he/she will subscribe for the use in such manner as separately determined by Photocreate. For the avoidance of doubt, with such subscription for usage, he/she will be deemed to have subscribed for the Usage Agreement.
  • (2) Any User must not make any false entries in the subscription for usage referred to in the preceding subsection.
  • (3) If Photocreate accepts the subscription for usage referred to in Section 10(1) above, Photocreate will give the User notice of its acceptance by providing the Introduction Letter Offering Service or otherwise in such manner as separately determined by Photocreate, and an agreement for the use of the Introduction Letter Offering Service will be concluded when Photocreate issues such notice of its acceptance. For the avoidance of doubt, Photocreate will be deemed to have accepted the subscription for the Usage Agreement set forth in the second sentence of Section 10(1) when it gives notice of its acceptance referred to in the first sentence of this subsection, and the Usage Agreement will be concluded simultaneously with the conclusion of an agreement for the use of the Introduction Letter Offering Service.
  • (4) Photocreate will provide the Introduction Letter Offering Service to the extent reasonably available, and makes no assurance that it should provide the Introduction Letter Offering Service. Users acknowledge and agree beforehand that Photocreate cannot or may not provide the Introduction Letter Offering Service.

10. Change of, and Addition to, the Service

Photocreate can change or otherwise add the content of the Service without giving Users prior notice.

11. Discontinuance of the Service

Photocreate has the sole discretion to discontinue all or any part of the Service by giving Users notice thereof.

12. Restrictions on the Use of the Service

  • (1) If a User becomes the subject of any one of the following, Photocreate can restrict the use of the Service by that User without giving him/her prior notice. For the avoidance of doubt, Photocreate will assume no obligation to explain reasons for the restrictions on the use of the Service pursuant to the first sentence of this subsection to that User.
    • (a) When he/she commits any one of the acts set forth in Section 13(1) below or otherwise breaches any provision of these Terms;
    • (b) When the occurrence of a trouble or other problem between any User and a third party including another User infringes or, in Photocreate’s opinion, is threatened to infringe, on the smooth administration of the Service or any interest of another User; or
    • (c) When Photocreate otherwise determines that it is appropriate for Photocreate to restrict the use of the Service.
  • (2) Even if the restriction on the use of the Service is imposed pursuant to the preceding subsection, the obligations to pay the Amount of Prices for the Products and Other Costs already arisen at the time when such restriction on the use is imposed will not cease to exist, and Users must pay Photocreate the Amount of Prices for the Products and Other Costs immediately after such restriction on the use is imposed. Even if the Amount of Prices for the Products and Other Costs has already been paid at the time when such restriction on the use is imposed, Photocreate will not return the paid Amount of Prices for the Products and Other Costs to Users, with prior User acknowledgement and consent.

13. Prohibitions

  • (1) In using the Service, Users must not conduct:
    • (a) the act of altering or erasing any information available through the Service, or sending or posting any false information;
    • (b) the act of discriminating, libeling or slandering any third party, including another User, or Photocreate, or defaming or insulting such third party’s or Photocreate’s good name;
    • (c) the act of causing Photocreate or such third party as separately designated by Photocreate to create any Products that would lead to obscene, violent or other inhumane expressions or behavior;
    • (d) the act of infringing on the property, privacy, portrait right or publicity right of any third party, including another User, or Photocreate or any act that may constitute such infringement;
    • (e) the act of causing Photocreate or any third party with whom Photocreate has a certain outsourcing relationship or other partnership relationship to create any Products that would trigger an infringement on patent rights, design rights, trademark rights or other industrial property rights, copyrights or other intellectual property rights, privacy, portrait rights or publicity rights of other companies;
    • (f) the act of reproducing Products by scanning or otherwise, or the act of infringing on the patent rights, design rights, trademark rights or other industrial property rights, copyrights or other intellectual property rights of any third party, including another User, or Photocreate or any act that may constitute such infringement;
    • (g) the act of utilizing the Data without combining it with any other material;
    • (h) the act of providing any services competitive with the Service or producing or distributing similar Products, in either case by misappropriating the Products;
    • (i) the act of sending advertising, promotional or other soliciting emails to any third parties, including other Users, or Photocreate without permission, sending emails that would make the recipient(s) feel disgust, preventing others from receiving emails, requesting chain mail forwarding, or forwarding chain emails in response to such request;
    • (j) the act that gives rise to any fraud or other crime;
    • (k) the act of using or providing a computer virus or other harmful program, or recommending the use or provision thereof;
    • (l) the act of using the Service or sending or posting other information by impersonating any third party including another User;
    • (m) the act of impeding the provision of the Service, such as an attempt for unauthorized access to any other computer system or network connected to the Service;
    • (n) the act of violating applicable law or ordinance or public order (such as prostitution, violence or cruelty) or any act that may constitute the above-referenced violations, in addition to each of the foregoing:
    • (o) the act of causing any third party, including another User, or Photocreate a disadvantage;
    • (p) the act of encouraging any of the acts set forth in each of the foregoing; or
    • (q) any other act Photocreate deems inappropriate.
  • (2) If a User has caused Photocreate damage in breach of any of the provisions of the preceding subsection, that User will indemnify Photocreate for that damage pursuant to Section 21 below.

14. Elimination of Antisocial Forces

If a User falls under any of the following cases, Photocreate may discontinue provision of the Service to the User without giving prior notice to the User.

  • (1) The User is an organized crime group, an organized crime group member, an individual associated with an organized crime group, a firm affiliated with an organized crime group, a corporate blackmailer, or any other antisocial force (collectively, “Antisocial Force(s)”).
  • (2)The User commits or has any Antisocial Force commit an act disturbing or likely to disturb the operation of the Service through a violent act, fraudulent means, or an intimidatory statement.
  • (3)The User or his/her relevant person(s) defames or discredits Photocreate or disturbs its business operation in such ways as identifying the User or the relevant person(s) as an Antisocial Force, or makes an undue demand.

15. Suspension of Provision of the Service

If any one of the following events occurs, Photocreate can suspend provision of all or any part of the Service without giving Users prior notice:

  • (a) When Photocreate conducts periodical or emergency maintenance or other inspection of the facilities necessary for the provision of the Services;
  • (b) When it becomes difficult for Photocreate to provide the Service due to fire, power outage, or other obstruction by any third party;
  • (c) When it becomes difficult for Photocreate to provide the Service due to natural disaster or other cause beyond its control;
  • (d) When it becomes difficult for Photocreate to provide the Service due to a failure in or other trouble with facilities necessary for the provision of the Service;
  • (e) When it becomes difficult for Photocreate to use telecommunications services by reason of the telecommunications services provided by any telecommunications carrier; or
  • (f) When Photocreate otherwise determines that it is necessary to suspend provision of the Service.

16. No Guarantee and Disclaimer

  • (1) PHOTOCREATE MAKES NO GUARANTEE AS TO THE AUTHENTICITY, ACCURATENESS, RELIABILITY, USEFULNESS OR ANY OTHER ASPECT OF INFORMATION DISTRIBUTED BY PHOTOCREATE THROUGH THE INTRODUCTION LETTER OFFERING SERVICE OR ANY OTHER INFORMATION PROVIDED THROUGH THE SERVICE (INCLUDING, WITHOUT LIMITATION, GRAPHIC VIDEOS, SOUNDS, TEXTS, PHOTOS AND IMAGES).
  • (2) PHOTOCREATE IS IN NO WAY RESPONSIBLE AND LIABLE FOR ANY DAMAGE OR LOSS INCURRED BY USERS, REGARDLESS OF THE CAUSE, IN USING THE SERVICE.
  • (3) PHOTOCREATE IS IN NO WAY RESPONSIBLE AND LIABLE FOR ANY DAMAGE OR LOSS THAT ANY USER HAS CAUSED TO ANY THIRD PARTY, INCLUDING ANOTHER USER, THROUGH THE USE OF THE SERVICE.
  • (4) IF THERE ARISES ANY DISPUTE BETWEEN A USER AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANOTHER USER AND ADVERTISERS ON THE SITES) WITH REGARD TO THE USE OF THE SERVICE, THAT USER WILL DEAL WITH AND RESOLVE IT ON HIS/HER SOLE RESPONSIBILITY AND AT HIS/HER OWN EXPENSE.
  • (5) IF PHOTOCREATE HAS DEALT WITH AND RESOLVED THE DISPUTE REFERRED TO IN THE IMMEDIATELY PRECEDING SUBSECTION, ALL COSTS AND EXPENSES REQUIRED FOR SUCH DEALING AND RESOLUTION (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBUSEMENTS) WILL BE BORNE BY THE RELEVANT USER.
  • (6) PHOTOCREATE TAKES PHOTOS AND POSTS THE DATA ON THE SITES WITH THE PERMISSION OF THE EVENT ORGANIZERS. IF AN ISSUE WITH AN INFRINGEMENT ON THE PORTRAIT RIGHTS, COPYRIGHTS AND OTHER RIGHTS OF USERS OR ANY THIRD PARTIES OCCURS IN CONNECTION WITH SUCH TAKING OF PHOTOS OR POSTING, THE EVENT ORGANIZERS WILL DEAL WITH AND RESOLVE IT AND PHOTOCREATE HAS NO LIABILITY.
  • (7) EXCEPT AS STIPULATED IN SECTION 8(1), PHOTOCREATE MAKES NO WARRANTY, AMONG OTHERS, AS TO QUALITY AND QUALITY PRESERVATION PERIOD OF THE PRODUCTS PURCHASED BY USERS THROUGH THE USE OF THE SERVICE, THEIR CONSISTENCY WITH THE DATA POSTED ON THE SITES, AND THEIR EFFICACIES, AND IS IN NO WAY RESPONSIBLE AND LIABLE FOR DAMAGE OR LOSS INCURRED BY USERS IN CONNECTION WITH THOSE PRODUCTS.
  • (8) PHOTOCREATE IS IN NO WAY RESPONSIBLE AND LIABLE FOR DAMAGE OR LOSS INCURRED BY USERS IN USING THE SERVICE, INCLUDING THE CANCELLATION OF THE SALE AGREEMENT OR OTHER CONTRACT, OR OTHER MEASURE UNDER SECTION 5(10), CHANGE OF AND ADDITION TO THE SERVICE UNDER SECTION 10, DISCONTINUANCE OF THE SERVICE UNDER SECTION 11, RESTRICTION ON THE USE OF THE SERVICE UNDER SECTION 12(1), SUSPENSION OF PROVISION OF THE SERVICE UNDER SECTION 13, AND ALTERATION OF THESE TERMS UNDER SECTION 22 BELOW.
  • (9) PHOTOCREATE MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY DEVICE AND SOFTWARE IN USE BY USERS.
  • (10) CONNECTION CHARGES BILLED BY TELEPHONE COMPANIES OR VARIOUS TELECOMMUNICATION CARRIERS IN CONNECTION WITH THE USE OF THE SERVICE WILL BE MANAGED BY USERS AT THEIR OWN RISK, AND PHOTOCREATE MAKES NO WARRANTY OR GUARANTEE.
  • (11) IN ALL CASES INCLUDING THE CAUSES SET FORTH IN EACH OF THE FOREGOING, PHOTOCREATE IS IN NO WAY RESPONSIBLE OR LIABLE FOR DAMAGE OR LOSS INCURRED BY USERS OR THIRD PARTIES.

17. Change of User Information

  • (1) In case of changes in any information about any User notified to Photocreate, the User must promptly notify it thereof in such manner as determined by Photocreate.
  • (2) Photocreate is in no way responsible or liable for damage or loss incurred by Users due to a delay or non-arrival of Photocreate’s notice or non-provision of the Service resulting from the failure by Users to give notice of change set forth in the preceding subsection.

18. Notices from Photocreate

  • (1) Photocreate will inform Users of necessary information from time to time by posting it on the Sites or sending emails or facsimile messages or otherwise in such manner as Photocreate otherwise deems appropriate.
  • (2) The notice referred to in the preceding subsection, if it is given by Photocreate by posting it on the Sites or sending email or facsimile message, will become effective from the time when Photocreate posts it on the Sites or sends it to such email addresses or facsimile numbers as registered by Users.

19. Intellectual Property Rights and Others

Unless otherwise stipulated, all of industrial property rights, copyrights or other intellectual property rights, know-how, and other related rights to the Data, information pertaining to the Service, programs and others (including, without limitation, graphic videos, sounds, texts, photos and images) will vest in Photocreate or any third parties designated by Photocreate (the “Photocreate and Others”), and Users may not use them beyond the scope the Service, without Photocreate’s prior written approval.

20. Non-assignment of Rights and Obligations

  • (1) Users may not transfer, assign, convey, offer as collateral, lease or otherwise dispose of all or any part of their rights and obligations under these Terms and other status to be provided the Service to or in favor of any third party.
  • (2) Photocreate may engage any third party to demand, collect or receive its monetary claims against Users under these Terms, or transfer such claims to any third party.

21. Indemnification

Other than those especially stipulated in these Terms, if a User causes Photocreate damage due to his/her willful misconduct or negligence, or as a result of his/her breach of these Terms or improper or illegal use of the Service, that User will be responsible and liable to immediately indemnify Photocreate for the entire damage (including, without limitation, reasonable attorney fees and disbursements).

22. Application of These Terms

  • (1) These Terms will apply to the use of the Service.
  • (2) The rules and other regulations to be separately stipulated by Photocreate in addition to these Terms (collectively, the “Rules and Regulations”), regardless of the title, will form an integral part of, and be incorporated by reference into, these Terms
  • (3) In case of inconsistency between the provisions of these Terms and those of the Rules and Regulations, the provisions of the Rules and Regulations will prevail over those of these Terms.
  • (4) The notice to be given to Users by Photocreate under Section 18 will form an integral part of, and be incorporated by reference into, these Terms.

23. Alteration of These Terms

  • (1) Photocreate will have the sole discretion to alter or revise these Terms from time to time without the approval of Users. In that case, the Terms of Use of the Service will be governed by these Terms as altered and revised.
  • (2) These Terms as altered and revised pursuant to the preceding subsection will become effective at the time when Photocreate gives Users notice of such alteration and revision pursuant to Section 18.
  • (3) As from the time when the alteration and revision becomes effective as set forth in the immediately preceding subsection, Users will not be permitted to claim that such alteration or revision is not known to or approved by them.

24. Resolution by Discussion; Agreed Jurisdiction; Governing Law

  • (1) If there arises any dispute between any of the Users and Photocreate in relation to these Terms or the Service, the relevant User and Photocreate will resolve it in good faith by discussion.
  • (2) It is agreed between Users and Photocreate that if it becomes difficult to resolve the dispute by discussion as set forth in the preceding subsection and becomes necessary to resolve it by filing a complaint, the Tokyo Summary Court or the Tokyo District Court shall be the court of first instance having the exclusive jurisdiction, depending on the amount of litigation value.
  • (3) These Terms shall be governed by and be interpreted in accordance with the laws of Japan.

25. Relationship with the Consumer Contract Act

If a User is eligible for protection under the Consumer Contract Act (Act No. 61 of May 12, 2000) of Japan (the “Consumer Contract Act”), the parts of these Terms contrary to or inconsistent with any provision of the Consumer Contract Act shall be invalid with regard to the User. In this connection, the parts of these Terms which are to be held invalid under the preceding sentence shall be limited to such parts of the relevant provision hereof that are contrary to or inconsistent with any provision of the Consumer Contract Act. Therefore, such invalidation shall not in any way affect the relevant provision in all other respects and all other provisions of these Terms, which shall continue in full force and effect.

26. Survival

The provisions of the following subsections will survive the termination of the Usage Agreement: Section 5(5), (6) and (8) through (11);Section 7; Section 8; Section 9(3) and (4), Section 13; Section 14(2); Section 16; Section 17(2); Sections 18 through 22; Section 23(2) and (3); Section 24(2) and (3); and this Section 26.

First published on: 1 December 2004
Revised on:15 July 2009
Revised on:1 November 2010
Revised on:12 May 2011
Revised on:15 September 2011
Revised on:4 December 2013
Revised on:26 February 2015
Revised on:15 July 2015
Revised on:1 January 2016

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