All Sports Community

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YOKOHAMA MARATHON 2018
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Master Terms of Use for Services

The Services (as defined in Article 1.(a)) operated by Photocreate Co., Ltd. (the “Company”) shall be those provided exclusively to Users (as defined in Article 1.(b)) who have provided their consent to these Master Terms of Use for Services (these “Terms”). Users shall agree to these Terms before commencing use of the Services.

Article 1. Definitions

Under these Terms, the following terms shall have the following meanings:

  • (a)“Services” collectively refers to “All Sports Community,” “Snap Snap,” “Photo Choice,” “Photo Selection,” “Gloriare” and “Snap Park” operated by the Company, as well as other services separately set forth by the Company.
  • (b)“Users” means the corporations and individuals who use all or part of the Services.
  • (c)“Website” means the websites operated by the Company in relation to the Services (including both the PC and mobile websites).
  • (d)“Business Partners” means the business entities, among the Company’s business partners, that take photos of various events by themselves or by procuring photographers (including, without limitation, those who operate a photo studio or sports gym).
  • (e)“Photos” collectively refers to photos and videos.
  • (f)“Company’s Photographers” means the photographers procured by the Company.
  • (g)“Outside Photographers” means the photographers procured by the Business Partners (including the Business Partners if they take Photos by themselves).

Article 2. Content of the Services

  • (1)The following services shall comprise the content of the Services:
    • (a)“Mail-Order Service”
      Services in which Users can purchase products from the Company by using the Internet, telephone or facsimile.
    • (b)“Coupon Service”
      Services in which Users can pay the Price (as defined in Article 7.(5).(d)) in the amount separately set forth by the Company, by using the coupons issued by the Company.
    • (c)“Email Guidance Service”
      Services in which Users can receive notices from the Company via email concerning the publication period for the Photos on the Website.
    • (d)“Email Notice Service”
      Services in which Users can receive information from the Company via email concerning the Services or other information separately set forth by the Company, on a regular or irregular basis.
    • (e)Other services separately set forth by the Company.
  • (2)The Mail-Order Service shall include the services in which Users can purchase data from the Company via the Internet (the “Data Download Service”). When a User uses the Data Download Service, such User is required to download the data by itself, pursuant to the conditions and methods separately set forth by the Company.
  • (3)The products sold by the Company through the Mail-Order Service (the “Products”) shall be as follows:
    • (a)Those produced by using Photos taken by the Company’s Photographers; and
    • (b)Those produced by using Photos taken by the Outside Photographers.
  • (4)Users provide their advance consent that the Business Partners shall be entirely liable for any acts carried out by the Business Partners or the Outside Photographers (including taking Photos) and that the Company shall not be liable therefor in any way whatsoever.
  • (5)If a User wishes to use the Coupon Service, such User shall do so only after having agreed to the “Shopping Coupon Terms of Use” separately set forth by the Company.

Article 3. Member Services

  • (1)Users provide their advance consent that the Services include services that cannot be used unless the relevant User registers as a member (the “Member Services”).
  • (2)If a User wishes to use the Member Services, such User shall do so only after having agreed to the “Member Services Terms of Use” separately set forth by the Company and registering as a member by using the method separately set forth by the Company.

Article 4. Upon Using the Member Services

  • (1)Users shall use the Services at their own responsibility and expense after having understood and agreed to all the Articles of these Terms. Likewise, Users shall prepare, at their responsibility and expense, all necessary items as equipment to be used by Users, such as telecommunication devices, software and public lines.
  • (2)Users shall agree to maintain and manage the equipment, etc. specified in the preceding paragraph at their responsibility and expense to ensure that the use of the Services will not be hindered.
  • (3)Unless separately approved by the Company, Users must not use the Services for any purpose other than for private use (e.g., for commercial, advertising or public-relations purposes).
  • (4)If a User is a minor, a person under assistance or a person under curatorship (a “Person with Limited Capacity”), such User is required to obtain consent from his/her person with parental authority or guardianship, or his/her curator or assistant (collectively, “Custodian”), in order to use the Services.

Article 5. Entrustment

The Company may entrust all or any part of the operation of the Services to a third party, and Users hereby provide their advance consent thereto.

Article 6. Handling of Personal Information

The Company shall appropriately handle any personal information in accordance with the “Personal Information Protection Policy” and the “Privacy Policy Concerning Photographs” posted on the Website, as well as other regulations separately set forth by the Company.

Article 7. Purchase of Products

  • (1)If a User wishes to purchase any Products, such User shall confirm the Product Price List (as specified in Article 8.(1)), the Delivery Price List (as specified in Article 9.(2)) and the payment method (as specified in Article 10) , with utmost attention, and such User shall apply to purchase the same by using the method set forth by the Company (a “Purchase Application”).
  • (2)If a User wishes to use the Products to be purchased from the Company for any purposes other than for private use, such User shall notify the Company to such effect, as well as any other matters separately designated by the Company, at the time of making a Purchase Application.
  • (3)Upon making a Purchase Application, a User must not enter any false information, and if there are any characters, etc., to be printed on the Products, such User must accurately enter such characters, etc. and must not use any characters, etc., that the Company separately prohibits from being used.
  • (4)Users shall acknowledge in advance that, after making a Purchase Application, they may not assert revocation, cancellation or invalidation of the Purchase Application for any reason whatsoever, unless the Company separately establishes a cancellation period for such Purchase Application.
  • (5)Users hereby acknowledge in advance that the Company may choose not to approve a Purchase Application without disclosing the reason therefor, if any of the following circumstances apply to the relevant User or the Company finds that any of the following circumstances apply to the relevant User:
    • (a)any information entered at the time of the Purchase Application is false, incorrect or omitted;
    • (b)such Purchase Application is made by a third party other than such User;
    • (c)a credit card in the name of any person other than such User is used to pay the price of the Products;
    • (d)such User is likely to fail to pay the price of the Products or the expenses for delivery thereof (collectively, the “Price”) or is likely to fail to perform any other obligations under these Terms;
    • (e)such User has, in the past, been subject to (i) Measures to Cancel Sales Agreement (as specified in Article 7.(8)) due to breach of these Terms, etc., or (ii) restriction of use of the Services (as specified in Article 16.(1));
    • (f)such Purchase Application is made in an unnatural manner, such as having been made for a large amount of the Products at once;
    • (g)Sale of the Products to such User is unavailable due to technical reasons or will cause disruption to the performance of the Company’s business;
    • (h)A Person with Limited Capacity makes such Purchase Application without obtaining consent from his/her Custodian; or
    • (i)Aside from the foregoing, the Company finds that it is inappropriate to approve such User’s Purchase Application.
  • (6)When approving a Purchase Application, the Company shall provide the relevant User with an approval notice by using the method separately set forth by the Company.
  • (7)An individual agreement concerning sales and purchase, etc. of the Products (a “Sales Agreement”) shall be formed between the Company and the relevant User at the time when the Company sends a notice for approval specified in the preceding paragraph. Unless such User provide a notice of its intention not to approve such Purchase Application within two (2) days after the Company receives the Purchase Application, the Sales Agreement shall be deemed to be formed at the time when such two (2)-day period has elapsed.
  • (8)If any of the following circumstances apply to the relevant User, the Company may cancel or terminate all or any part of the Sales Agreement, demand such User to return the Products or take other appropriate measures (collectively the “Measures to Cancel Sales Agreement”). The Company shall not be obliged in any way whatsoever to explain to such User the reason for taking the Measures to Cancel Sales Agreement:
    • (a)Such User is found to fall under any of Articles 5.(a) through 5.(h);
    • (b)The Products sent to User are returned to the Company due to such User’s absence, change in residence, refusal of acceptance or for other reasons;
    • (c)Such User breaches these Terms other than as set forth in the preceding two (2) items; or
    • (d)Aside from the foregoing, the Company finds that it is otherwise necessary to take the Measures to Cancel Sales Agreement.
  • (9)Even if the Measures to Cancel Sales Agreement are taken in accordance with the preceding paragraph, any obligation to pay the Price which has already arisen at the time when such Measures are taken shall continue in full force. The relevant User must pay the Price to the Company immediately after such Measures are taken. If the Price has already been paid at the time such Measures are taken, the Company shall not refund such Price in any way whatsoever.

Article 8. Product Price

  • (1)The Price shall be as set forth in the price list posted by the Company on the Website (the “Product Price List”).
  • (2)The Company may modify the Product Price List without providing prior notice to Users.
  • (3)Any modified Product Price List shall take effect at the time when the Company has notified Users of the modified content in accordance with Article 22.

Article 9. Delivery and Download of the Products

  • (1)Any delivery of the Products shall be carried out by the person separately designated by the Company by using the method separately set forth by the Company.
  • (2)Any expenses for delivery of the Products shall be borne by the relevant User, and the amount thereof shall be as set forth in the delivery price list posted on the Website (the “Delivery Price List”).
  • (3)The Company may modify the Delivery Price List without providing prior notice to Users.
  • (4)Any modified Delivery Price List shall take effect at the time when the Company has notified Users of the modified content in accordance with Article 22.
  • (5)If a User purchases the Products from the Company, such User must make sure to receive such Products. Even if such User does not actually receive the Products due to such User’s absence, change in residence, refusal of acceptance or other reasons, the obligation to pay the Price shall not be exempted. Unless otherwise set forth by the Company, the Company shall not re-deliver the Products.
  • (6)If a User does not receive the Products within fourteen (14) days after making a Purchase Application despite the fact that a Sales Agreement has been formed, such User shall make an inquiry to the Company by using the method separately designated by the Company within thirty (30) days after such Purchase Application.
  • (7)The Company shall only re-deliver the Products at its expense in the case where the Company receives an inquiry from the User specified in the preceding paragraph within the period specified in the preceding paragraph and non-delivery of the Products is attributable to the Company or the person separately designated by the Company as specified in Article 9.(1).
  • (8)Users acknowledge in advance that, when a User uses the Data Download Service for the “All Sports Community” among the Services, such User must download the data by the deadline separately designated by the Company and such User will be unable to download the data after such deadline is elapsed; provided, however, that even after elapse of such deadline, if such User pays the expenses separately charged by the Company, the Company shall take measures to enable such User to download only the data of the photos posted on the website of the “All Sports Community” among the websites forming the Website, upon separately designating a deadline.
  • (9)Even if a User fails to download the Products by the deadline specified in the preceding paragraph, such User shall be obliged to pay the Price, and if such Price has already been paid, the Company shall not refund such Price to such User in any way whatsoever.

Article 10. Payment Method

Users shall pay the Price by using the method separately set forth by the Company, and shall pay any fees pertaining to such payment.

Article 11. Return of the Products

  • (1)The Company shall accommodate a request for return or exchange of the Products (“Return”) only for those Products which fall under either of the following items; provided, however, that if the Company reasonably finds that it is difficult to handle the request for exchange, the Company shall only accommodate the request for return:
    • (a)Those with clear defects; or
    • (b)Those that clearly differ from the Products set forth in the Sales Agreement.
  • (2)Users shall make a request for Return of the Products by using the method separately set forth by the Company. Users shall pay any expenses arising at the time of returning the Products to the Company.
  • (3)The Company shall not accommodate a request for Return of the Products due to the color tone unless it is objectively recognized that color tone is clearly unnatural.
  • (4)Notwithstanding the provision of Article 11.(1), the Company shall not accommodate any request for Return of the Products which falls under any of the following items:
    • (a)Products which are damaged or defaced, etc. due to any reason attributable to Users;
    • (b)Products to which any defect is caused due to any reason not attributable to the Company, such as an accident occurring during delivery;
    • (c)The lack of focus of the Products is within such a degree that is considered to be reasonable in terms of general social norms;
    • (d)Products for which two (2) weeks or more has passed from the day on which they arrived at the User (if the relevant User has not actually received the Products due to absence, change in residence, refusal of acceptance or other reasons, two (2) weeks or more have passed from the day on which the Products would reasonably be expected to have arrived at such User if any of the above reasons do not occur); or
    • (e)Aside from the foregoing, Products separately designated by the Company.

Article 12. Email Guidance Service

  • (1)If a User wishes to use the Email Guidance Service, such User shall make a usage application by using the method separately set forth by the Company.
  • (2)Users must not enter false information when making a usage application specified in the preceding paragraph.
  • (3)If the Company approves a usage application specified in Article 12.(1), the Company shall provide an approval notice to the relevant User by using the same method as is used to provide the Email Guidance Service or by another method separately set forth by the Company.

Article 13. Email Notice Service

  • (1)If a User wishes to use the Email Notice Service, such User shall make a usage application by using the method separately set forth by the Company.
  • (2)Users must not enter any false information when making a usage application specified in the preceding paragraph.
  • (3)If the Company approves a usage application specified in the preceding paragraph, the Company shall provide an approval notice to the relevant User by using the same method as is used to provide the Email Notice Service or by another method separately set forth by the Company.
  • (4)Users acknowledge in advance that advertisements from the Company’s advertisers may be contained in the emails to be distributed through the Email Notice Service.
  • (5)When receiving emails from Business Partners, Users acknowledges that such emails do not form part of the Email Notice Service and that they receive such emails at their own responsibility and expense.

Article 14. Modification, Addition, Etc. to the Services

The Company may modify or add, etc. the content of the Services without providing prior notice to Users.

Article 15. Abolition of the Services

The Company may abolish all or any part of the Services at its discretion, upon providing notice to Users.

Article 16. Restriction on Use of the Services

  • (1)If any of the following circumstances apply to a User, the Company may restrict such User’s use of the Services without providing prior notice. The Company shall not be obliged in any way whatsoever to explain to such User the reason for restricting the use of the Services:
    • (a)Such User breaches these Terms;
    • (b)The smooth operation of the Services is hindered or other Users’ interests are infringed upon due to the occurrence of any trouble, etc. between such User and a third party (including another User), or the Company finds the likelihood thereof; or
    • (c)Aside from the foregoing, the Company finds that it is appropriate to restrict the use of the Services.
  • (2)Even if the use of the Services is restricted in accordance with the preceding paragraph, any obligation to pay the Price which has already arisen at the time when such restriction on use is imposed shall continue in full force. The relevant User must pay the Price to the Company immediately after such restriction on use is imposed. If the Price has already been paid at the time such restriction on use is imposed, the Company shall not refund such Price in any way whatsoever.

Article 17. Prohibited Matters

No User may engage in any of the following acts when using the Services:

  • (a)Altering or deleting the information that may be used through the Services or sending or posting information that is contrary to the facts;
  • (b)Discriminating against, slandering, damaging or insulting the reputation of a third party (including Users and Business Partners) or the Company;
  • (c)Causing the Company to create Products which express obscenity, violence or cruelty;
  • (d)Infringing or being likely to infringe upon the property, privacy, likeness or publicity rights of a third party (including other Users and Business Partners) or the Company;
  • (e)Duplicating the Products by scanning, etc.;
  • (f)Providing services that compete with the Services by using the Products or creating and selling any products similar to the Products;
  • (g)Sending emails for advertising, promotion, solicitation, etc. to a third party (including other Users and Business Partners) or the Company without permission to do so; sending emails that give a sense of disgust to recipients; obstructing other persons from receiving emails; making a request to forward chain emails; or forwarding chain emails upon such request;
  • (h)Making excessive demands or making inquiries in an excessive and repetitive manner in relation to the Services;
  • (i)Obstructing or being likely to obstruct the Company’s business;
  • (j)Aside from the preceding items, any acts that are contrary to or are likely to be contrary to applicable laws and regulations or public policy (such as prostitution, violence, cruelty); or
  • (k)In addition to the foregoing, any acts which the Company finds inappropriate.

Article 18. Elimination of Anti-Social Forces

If a User (including User’s officers if such User is a corporation) falls under or is suspected to fall under any of the following, the Company may discontinue the provision of the Services without providing prior notice to such User:

  • (a)Such User falls under an organized crime group, a company related to an organized crime group, a corporate extortionist (sokaiya), etc., a person equivalent to the foregoing, or a member of any of the foregoing (collectively, “Anti-Social Forces”);
  • (b)Such User engages in, by itself or through the use of any Anti-Social Forces, any acts that obstruct or are likely to obstruct the operation of the Services by resorting to violence or using fraudulent means or intimidating words; or
  • (c)Such User or its related party represents itself as being an Anti-Social Force and thereby damages the Company’s reputation or credibility, obstructs the Company’s business or makes an unreasonable demand.

Article 19. Suspension of Provision of the Services

If any of the following circumstances occur, the Company may suspend all or any part of the Services without providing prior notice to Users:

  • (a)Conducting periodic or emergency maintenance, inspection, etc. of the equipment necessary for the Services;
  • (b)It becomes difficult to provide the Services due to fire, power failure, a third party’s act of obstruction, etc.;
  • (c)It becomes difficult to provide the Services due to natural disaster, etc.;
  • (d)It becomes difficult to provide the Services due to failure in the equipment, etc. necessary to provide the Service;
  • (e)It becomes difficult to use the telecommunication services provided by a telecommunication carrier; or
  • (f)Aside from the foregoing, the Company finds it necessary to suspend the provision of the Services.

Article 20. No Warranty or Indemnity

  • (1)The Company makes no warranty of any kind whatsoever as to the credibility, accuracy, reliability, usefulness, etc. of the information, etc. distributed by the Company via the Email Guidance Service or the Email Notice Service or any other information provided in the Services.
  • (2)Users shall be responsible for managing any connection-related expenses claimed by telecommunications companies or various telecommunications carriers that arise at the time of using the Service, and the Company makes no warranty of any kind whatsoever in relation thereto.
  • (3)The Company shall not be liable in any way whatsoever for any damage or loss, etc. caused by Users to any third party (including, without limitation, other Users, the Business Partners and advertisers of the advertisements on the Website).
  • (4)Users shall be responsible and bear the burden for handling and resolution of any dispute that may occur with any third party (including, without limitation, other Users, the Business Partners and advertisers of the advertisements on the Website).
  • (5)If the Company handles or resolves any dispute specified in the preceding paragraph, the relevant User shall bear all expenses required for such handling and resolution (including, without limitation, reasonable attorneys’ fees).
  • (6)With regard to any Photos taken by the Company’s Photographers among the Photos posted on the Website, the Company hereby represents that it has obtained permission from the event organizer to take such Photos or post such Photos on the Website. In the event that an infringement on a User’s or a third party’s likeness rights, copyrights or other rights becomes an issue in relation to such taking or posting of the Photos, the event organizer shall handle and resolve such issue and the Company shall not be liable in any way whatsoever in relation thereto.
  • (7)With regard to any Photos taken by the Outside Photographers among the Photos posted on the Website, the relevant Business Partner hereby represents that it has obtained permission from the participants of the event or other persons subject to photo taking to post such Photos on the Website. In the event that an infringement on a User’s or a third party’s likeness rights, copyrights or other rights becomes an issue in relation to such posting of the Photos, such Business Partner shall handle and resolve such issue and the Company shall not be liable in any way whatsoever in relation thereto.
  • (8)Except for the cases set forth in Article 9.(7), the Company shall not be liable in any way whatsoever for any damage or loss, etc. incurred by Users or third parties due to any accident occurring during delivery of the Products.
  • (9)Except for the cases set forth in Article 11.(1), the Company makes no warranty of any kind whatsoever as to the quality of the Products purchased by Users by using the Services, the quality maintenance period for such Products, or the consistency with or effect of, etc., the Photos posted on the Website, and the Company shall not be liable in any way whatsoever for any damage or loss, etc. incurred by Users in relation to such Products.
  • (10)Even if Users incur damage or loss, etc. due to (i) any Measures to Cancel Sales Agreement under Article 7.(8), (ii) any modification, addition, etc. to the Services under Article 14, (iii) any abolition of the Services under Article 15, (iv) any restriction on use of the Services under Article 16.(1), (v) any suspension of provision of the Services under Article 19, or (vi) any modification to these Terms under Article 27, the Company shall not be liable in any way whatsoever in relation thereto.
  • (11)Aside from those specifically set forth in the preceding paragraphs, unless specifically set forth in these Terms, the Company shall not be liable in any way whatsoever for any damage or loss, etc. incurred by Users in relation to use of the Services.

Article 21. Modification to User Information

  • (1)In the case of any modification to the information regarding a User that has been notified to the Company, such User must immediately notify the Company of the content of such modification by using the method set forth by the Company.
  • (2)If any notice or provision of the Services from the Company is delayed, does not arrive, is misdelivered or fails to be performed due to User’s failure to provide a modification notice set forth in the preceding paragraph, the Company shall not be liable in any way whatsoever for any damage or loss, etc. incurred by Users in relation thereto.

Article 22. Notice from the Company

  • (1)The Company shall notify Users of necessary matters from time to time through posting on the Website, or by email or facsimile transmission or another method the Company finds appropriate.
  • (2)In the case where the notice specified in the preceding paragraph is made through posting on the Website, or by email or facsimile transmission by the Company, such notice shall take effect at the time when such notice is posted on the Website or sent to the email address or facsimile number registered by Users.

Article 23. Intellectual Property Rights

Unless otherwise set forth in this Agreement, any and all industrial property rights, copyrights and other intellectual property rights, knowhow and any other rights related to any information, programs or the like concerning the Website, the Photos, the Products and other services posted on the Website shall belong to the Company, the Business Partners or the third party that grants the Company or the Business Partners a license to use the same. Users may not use these rights outside of the Services in any case whatsoever, except in the case where prior written approval is obtained from the Company.

Article 24. Assignment of Rights and Obligations

  • (1)User may not assign, provide as security, lease or otherwise dispose of all or any part of the rights, obligations and status to receive the Services under these Terms.
  • (2)With regard to any monetary claims held by the Company toward Users under these Terms, the Company may entrust a third party to demand, collect and receive such claims or assign such claims to a third party.

Article 25. Damages

Aside from those specifically set forth in these Terms, if a User causes any damage to the Company, either intentionally or negligently, due to breach of these Terms or wrongful or illegal use of the Services, such User shall be liable to immediately provide the Company with compensation for all damage caused in relation thereto (including, without limitation, reasonable attorneys’ fees).

Article 26. Application of These Terms

  • (1)These Terms shall apply to the use of the Services.
  • (2)Aside from these Terms, if the Company separately sets forth any terms concerning the use of the Services (including, without limitation, the “Member Services Terms of Use” and the “Shopping Coupon Terms of Use”) or other various terms, such terms shall also constitute part of these Terms as at the time when the Company sends Users the notice set forth in Article 22.
  • (3)If there is any inconsistency among the provision of these Terms, the separate terms, other various terms and the notice specified in the preceding paragraph, such provision shall apply in the order of (i) the notice, (ii) other various terms, (iii) the separate terms, and (iv) these Terms.

Article 27. Modification to These Terms

  • (1)The Company may, from time to time at its discretion, modify or revise these Terms without User’s consent. In this case, the usage conditions of the Services shall be pursuant to the modified or revised Terms.
  • (2)The modified or revised Terms shall take effect at the time when the Company notifies Users of the content of such modification or revision in accordance with Article 22.
  • (3)Upon the modified or revised Terms taking effect, Users may not claim that they are not aware of or do not provide their consent to such modification or revision.

Article 28. Governing Law, Jurisdiction

Users and the Company hereby agree that any disputes between the parties in relation to these Terms and the Services shall be governed by the laws of Japan and subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court in the first instance, according to the value of the subject matter of the litigation.

Article 29. Relation with the Consumer Contract Act

If Users are subject to the Consumer Contract Act (Act No. 61 of May 12, 2000), any provision of these Terms that is inconsistent or in conflict with any of the provisions of the Consumer Contract Act shall not take effect.

Article 30. Survival

Even after terminating the use of the Services or cancelling the membership registration, each of the provisions of Article 2.(4), Article 4, Article 7.(5), Articles 7.(7) through 7.(9), Article 9.(2), Article 9.(5), Article 9.(6), Article 10, Article 11, Article 13.(4), Article 13.(5), Article 16, Article 20, Article 21.(2), Articles 22 through 26, Article 27.(2), Article 27.(3) and Articles 28 through 30 shall remain in full force and effect.

Article 31. Supplementary Provisions

Established and came into effect on December 1, 2004
Revised on July 15, 2009
Revised on November 1, 2010
Revised on May 12, 2011
Revised on September 15, 2011
Revised on December 4, 2013
Revised on February 26, 2015
Revised on July 15, 2015
Revised on January 15, 2016
Revised on August 1, 2016
Revised on October 31, 2016
Revised on July 20, 2017
Revised on July 31, 2017
Revised on September 20, 2017
Revised on February 1, 2019
Revised on October 16, 2019

(End)

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