Terms of use

NAVYPOOL Co., Ltd. (hereinafter referred to as the "Company") either owns the copyright to or is entrusted by copyright holders to manage and sell photographs, illustrations, computer graphics, videos, etc. (hereinafter referred to as the "Contents"). The Company operates Epirecipe PHOTO (hereinafter referred to as the "Website") for the purpose of providing the Contents for use in advertising production, sales promotion, corporate website creation, product design, news reporting, publishing, etc., as well as for providing related services (hereinafter referred to as the "Services"). These Terms of Use for General User of Epirecipe PHOTO (hereinafter referred to as the "Terms") apply to the use of the Contents provided on the Website and any associated services.

Article 1 (Members)

For the purposes of the Terms, "Member" refers to an individual who has agreed to the Terms and registered the required information via the method designated by the Company. However, please note that even if the required information is not fully registered, by using the Contents or Services on the Website (including any actions that involve viewing the Contents or using the Website), such person is considered to have agreed to the Terms, to the extent that such usage does not contradict the nature of the Contents. In addition, separate customer registration may be required for anyone who wishes to pay for the Contents or Services in a manner other than electronic transactions.

Article 2 (Terms)

1. Any rules announced by the Company on the Website from time to time, as well as any specific terms for each of the Contents and the Information Security Basic Policy (hereinafter collectively referred to as the "Specific Terms"), shall form a part of the Terms. In the event of any inconsistency between the Terms and the Specific Terms, the Specific Terms shall prevail.

2. The Company reserves the right to modify the Terms and the Specific Terms (hereinafter collectively referred to as the "Terms etc.") as necessary without prior consent from the Members. The revised Terms etc. will apply to Members from the time they are displayed on the Website, so please refer to the latest Terms etc. when using the Website.

Article 3 (Copyright)

The copyright and other intellectual property rights of the Contents posted on the Website (including related information such as descriptions and keywords attached to the Contents) belong to the Company or the copyright holders and other rights holders (hereinafter referred to as "Copyright Holders") who have entrusted the Company with the sale or management of the Contents. The use of the Contents by Members requires a separate license from the Company or the Copyright Holders in accordance with the Terms etc. Unauthorized use of the Contents or any use beyond the scope of the permitted rights is prohibited.

Article 4 (Rights of Members)

Members who have registered on the Website may receive the Services and Contents in accordance with the Terms etc.

Article 5 (Member Obligations)

1. Members shall use the Website in accordance with the Terms etc.

2. Members who use the Website in the course of business for the benefit of their employer or organization shall agree that the Terms etc. will apply to both themselves and their employer or organization, and the Members shall ensure that their employer or organization also agrees to the Terms etc.

3. Members shall manage and store their ID, password and customer code at their responsibility and shall not transfer, lend, or otherwise allow any third party to use them.

4. If a Member becomes aware of any unauthorized use of their ID, password, or customer code by any third party, they shall immediately notify the Company and follow the instructions (if any) provided by the Company.

5. As long as the ID, password, or customer code used at the time of login matches with the registered one, the Company may consider any usage under such ID, password, or customer code to be the usage by the Member. Any damages incurred by a Member due to an unauthorized use of its ID, password, or customer code by any third party, which is not attributable to the Company, shall be resolved by such Member at its own cost.

6. Members shall respond to any inquiries from the Company regarding their usage history and methods of use and others.

7. Members shall ensure that all information provided to the Company is accurate.

8. If there are any changes to the information provided to the Company, such as the Member's address, phone number, or employment status, the Member shall promptly notify the Company and acknowledge that their registered information shall be updated.

9. The Company shall not be liable for any disadvantages incurred by the Member which may result from the Member’s failure to update their registered information or to complete any necessary procedures for the withdrawal.

Article 6 (Prohibitions)

The following activities are prohibited in relation to the Website. If the Company incurs any damages due to any of these prohibited activities, the Company reserves the right to seek compensation from the Member or the Member’s employer or organization.

(1) Using someone else's ID and password, or allowing any third party to use one's own ID and password.

(2) Downloading, storing on a server or any other hard drive, copying, altering, adapting, distributing, transferring, lending, transmitting, or selling the Contents without an appropriate permission from the Company or the Copyright Holders.

(3) Fraudulent use of a credit card to utilize the Website.

(4) Infringing on the intellectual property rights or other rights of the Company or any third party.

(5) Obstructing other Members from using the Website.

(6) Engaging in activities that or that may unjustly interfere with the operation of the Website or cause disadvantage to the Company.

(7) Defaming or damaging the reputation or credibility of the Company or any third party.

(8) Using or providing harmful programs such as computer viruses.

(9) Engaging in activities that violate or may violate public order and morals.

(10) Engaging in activities that violate or may violate the law.

(11) Engaging in criminal acts or any acts that related or may related to criminal acts.

(12) Displaying images or other contents on a webpage by linking to the Contents directly without the prior consent of the Company.

(13) Using programs to extract or collect information from the Website without the prior consent of the Company or the Copyright Holders (including scraping and crawling).

(14) Using the Contents or metadata associated with the Contents such as titles, keywords, or captions for machine learning or artificial intelligence purposes, or for technologies to identify natural persons without prior consent of the Company or the Copyright Holders.

(15) Quoting the Contents for purposes such as:

Posting the Contents on blogs or social media with minimal commentary or unrelated text.
Displaying the Contents solely for the purpose of viewing and enjoying the photograph.
Using the Contents only for showing the subjects therein where it is not essential to be the Contents.
Using the Contents without proper attribution.

(16) Any other activity the Company deems inappropriate.

Article 7 (Unauthorized Use)

1. If any Member or non-Member uses Contents without prior permission from the Company or the Copyright Holders, or engages in activities specified in Items 12 to 15 of Article 6, such Member or non-Member shall indemnify the Company all damages incurred by the Company or the Copyright Holders (including litigation costs and attorney’s fees) in addition to the regular usage fees specified in the Specific Terms.

2. In case of the preceding Paragraph, the Member or non-Member shall, at the Company’s request, disclose all information necessary for the Company to claim damages, including name, address, phone number and person in charge, either of itself or any third party.

Article 8 (Disclaimer)

1. The Company is not obliged to modify, change, or add any equipment, systems, or software under its control or alter the method of providing the Website or the Services in order to ensure compatibility with the communication devices or software used by the Members.

2. The Company shall not be liable for any damages incurred by the Members as a result of delays in provision of the Services, changes, interruptions, suspensions, or termination of the Contents of the Website, or any other damages related to the provision of the Website or the Services. However, if the Consumer Contract Act (Act No. 61 of 2000, as amended) applies to the use of the Website or Services by the Member, notwithstanding the preceding sentence, the Company shall be fully liable for damages caused by its willful misconduct or gross negligence, or the Company shall be liable for damages caused by its negligence (other than gross negligence) up to ● yen.

3. The Company shall not be liable for any effects on the Member’s devices, communication equipment, storage media, or software, or for any data corruption that may occur as a result of using the Website or Services.

4. The Company does not guarantee that the Website, servers, any of the Contents, or emails sent from the Website are free from viruses or other harmful elements.

5. The Company has no obligation to refund any amount received from the Member in connection with the use of the Website or the Services, regardless of the reason (including the case where the Company, at its discretion, discontinues the provision of all or part of the Website or the Services).

6. The keywords listed in the descriptions of works are not intended to refer to any specific religion, nationality, race, or political organization, and the Company does not make any guaranty of any kind including the accuracy of these keywords.

Article 9 (Termination of Membership and Suspension of Use of the Website)

If a Member falls under any of the following conditions, the Company may cancel the Member’s membership without prior notice, and the Member shall agree to such in advance.

(1) The Member violates the Terms.

(2) Any false information has been provided to the Company.

(3) It is proved that the Member’s membership has previously been canceled.

(4) The Member dishonors promissory note or check or suspends payment.

(5) The Member is subject to compulsory execution, provisional attachment, provisional disposition, auction, or tax delinquency.

(6) The Member is subject to a petition for bankruptcy, special liquidation, corporate reorganization, or civil rehabilitation.

(7) The Member is subject to business suspension, or business license or registration revocation by a regulatory authority.

(8) The Member’s financial condition deteriorates or is likely to deteriorate.

(9) The Member conducts any acts that damage the trust relationship with the Company.

(10) It is proved that the Member is part of or related to an anti-social forces or its equivalent (hereinafter referred to as the "Anti-social Forces") or has been involved in illegal contributions, threatening act, defamation of trust, business obstruction, fraudulent acts, organized criminal acts, or unjust demands beyond legal responsibility.

(11) It is proved that the Member or any of its officers has a direct or indirect financial or other relationship with the Anti-social Forces, or provides funds, whatever the name may be, or conducts similar actions to the Anti-social Forces.

(12) The Member has appointed individuals belonging to or closely related to the Anti-social Forces as its directors or employees, or the Anti-social Forces are involved in the management of the Member.

(13) The Company determines that the Member is intentionally obstructing the operation of the Website.

Article 10 (Personal Information of Members)

The Company records access information of Members to provide better Contents and Services. The Company appropriately manages any personal information of the Members obtained through the operation of the Website in accordance with the Act on the Protection of Personal Information (Act No. 57 of 2003, as amended). The Company’s Information Security Basic Policy is as separately specified.

Article 11 (Use of Cookies)

1. The Website may use "cookies" for the following purposes:

(1) To make the use of the Website more convenient for Members when they revisit the Website.

(2) To measure and analyze the use of the Website.

2. When a Member visits the Contents on the Website that issues cookies, a cookie will be recorded on the Member's computer, but the recorded information will not contain any personal information that identifies the Member.

3. Members may refuse to accept cookies by changing their browser settings. However, in such case, certain parts of the Website may become unavailable.

Article 12 (Miscellaneous)

1. The Terms are governed by Japanese law with respect to their establishment, validity, enforcement and interpretation.

2. If any provision of the Terms is found to be invalid under applicable law, the remaining provisions shall remain in full force and effect and will continue to apply to the Company and the Member.

3. In the event of any disputes arising between the Company and a Member regarding the use of the Contents and the Services provided on the Website, both parties shall endeavor to resolve the matter through good-faith negotiations. If the dispute is not resolved through negotiations, the Tokyo District Court shall have exclusive jurisdiction for the court of first instance.

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