PhotoReco Use Policy

This Use Policy (hereinafter referred to as the "Policy") concerning the use of PhotoReco services operated by Exrant Inc. (hereinafter referred to as the "Company") (hereinafter referred to as the "Services") shall be applied to both a user and the Company.

Part 1 General Provisions

Article 1- Definition

In this Policy, the following terms used shall have the following meanings:
(1) "Sites"
The Sites shall mean the websites at the following URLs:
http://www.photoreco.com
http://audition.photoreco.com
http://studio.photoreco.com
(2) "Contents"
The Contents shall mean prints, digital pictures downloaded and other goods that User can purchase through the Services (including, without limitation, panel, albums, key holders, postcards, posters, and other photo goods by using prints and digital pictures (hereinafter referred to as "Photo Goods").
(3) "Services"
The Services shall mean "PhotoReco" operated by the Company, including:
1. Service of sale of Contents;
2. Service of provision of audition information;
3. Service of provision of studio information; and
4. Other related services, etc. provided or furnished in addition to the above services.
(4) "Associate Studio"
The Associate Studio shall mean the photo studio that, as a co-sponsor, has business relation with the Company with regard to the audition sponsored by the Company.
(5) "Affiliated Companies"
Shall mean Companies who take a picture of the Contents and sell them by using the Service.
(6) "User"
Shall mean Individuals who browse and purchase the Contents by using the Service
(7) "This Agreement"
This Agreement shall mean an agreement concluded between the Company and User based on this Policy. User is requested to agree to the Policy before using the Services.

Article 2- Procedure Taken at Amendment of the Policy

1. The Company may at its discretion amend the content of the Policy without notice.
2. In the case of the preceding paragraph, the Company will promptly post the amended Policy on the Sites and notify User of the amendment of the Policy on the Sites.
3. When User has used the Sites without an opposition after the notification under the preceding paragraph, User shall be deemed to have agreed to the amendment of the Policy.

Part 2 Service of Sale of Contents

Article 3- Use of Service of Sale of Contents

User can purchase the Contents provided by the Services.

Article 4- Payment

When User purchases the Contents provided by the Services, User must pay the fee stipulated in each page of products by the method specified by the Company. If a minor purchases the Contents through the Services, consent of a legal representative (such as a person in parental authority) shall be required. Minors must use the Services after obtaining an advance consent of legal representatives. When minors have agreed to the Policy and used the Services, the Company will deem that consent of legal representatives have been obtained.

Article 5- Cancellation

We cannot accept cancellation of any order after it is placed (including features of products).

Article 6- Special Provision Concerning Return of Products

We will not accept replacement or return of products in principle. Only products with a significant problem or products different from orders will be replaced with correct or good-quality products. If User wishes to have replacement, User must notify the Company to that effect within one week after the arrival of the product by the method specified by the Company (PhotoReco Customer Support). Please note that we cannot accept a request for replacement made after the lapse of one week.

Part 3 Service of Provision of Audition Information

Article 7- Use of Service of Provision of Audition Information

1. The Company will provide, through the Sites, etc., information on auditions sponsored by the Company, and User can access such information on auditions.
2. Outline of implementation of auditions will be announced on the Sites, etc. by the Company.

Article 8- Entry to Auditions

1. User who wishes to apply for auditions must take the following procedures:
(1) Registration of User Information
User must take the registration procedure by inputting certain information stipulated by the Company and attaching the photo by the method specified on the Sites, etc.
(2) Taking of Entry Photo
User, who passes the first-stage review, must take photos for the entry into the second-stage review at the Associate Studio.
(3) Selection and Registration of Entry Photo
User will, after an entry photo is taken, receive an authentication key from the Associate Studio and complete the entry procedure by selecting one of the audition entry photos on the contents sale pages.
For your information, the entry deadline is a week after an entry photo is taken.
2. User is requested to agree in advance that entry photos will be posted in the audition information provision service.

Part 4 Service of Provision of Photo Studio Information

Article 9- Use of Service of Provision of Photo Studio Information

The Company will provide, through the Sites, etc., information on photo studios (including information on cameramen), and User can access such photo studio information.

Part 5 General Provision

Article 10- Ownership of Right

Any and all rights including copyrights, etc. pertaining to the Services and the Contents (including the rights under Article 27 and Article 28 of the Copyright Act) shall belong to the Company, or third parties who own such copyrights. User shall not exercise any copyright, moral right, right of honor, right of portrait, right of privacy, right of publicity, etc. against the Company and the Associate Studio.

Article 11- Prohibited Act

The Company prohibits the following acts by User:
(1) Act of reproducing, copying or transmitting the contents of the Services without permission;
(2) Act of infringing rights or legal benefits of a third party (including, without limitation, copyright, moral right, right of honor, right of portrait, right of privacy, right of publicity, etc.)
(3) Criminal act or act of encouraging criminal act;
(4) Act in violation of a law or against public order and moral;
(5) Act of using the Sites for profit;
(6) Act of disturbing the operation of the Services; and
(7) Act deemed improper by the Company.

Article 12- Exemptions

1. The Company will not be liable for any damages that User may run into in the use of the Contents.
2. The Company will not make any warranty whatsoever as to integrity, accuracy, etc. of the Contents provided by the Services.
3. The Company will not make any compensation whatsoever for losses incurred by User in making downloads by using the Services (such as loss of data due to User’s failure to save downloaded data); provided, however, that this shall not apply to cases where User incurs losses due to a cause attributable to the Company.

Article 13- Cancellation of This Agreement

If User defaults payment of the fees for the Services used or violates this Policy, the Company may suspend the provision of the Services to User and cancel this Agreement without notice.

Article 14- Restriction of Purpose of Use

The Services are intended to be provided only for persons who make personal use of the Services. User may not make use (including act of use under Article 21 through Article 28 of the Copyright Act) of the Services and any data and information, in whole or in part, obtained by use of or access to the Services, beyond the scope of personal use, without the prior consent of the Company or a third party who owns the intellectual property right concerned.

Article 15- Compensation for Damages

1. If User incurs damages due to a cause attributable to the Company, the Company will compensate for such damages up to the limit of the amount of the use fees concerned; provided, however, that this shall not apply to damages caused by willful misconduct or gross negligence of the Company.
2. If User causes any damage to the Company due to User’s failure to observe this Policy, User shall be liable for all damages resulting from such damage.

Article 16- Temporary Suspension of the Services

1. The Company may, in the cases falling under any of the items below, suspend the provision of all or a part of the Services by giving a prior notice, or a late notice, in case of emergency, on the Sites:
(1) When maintenance, inspection, etc. of hardware, software, etc. required for the provision of the Services is conducted regularly or urgently;
(2) When failure, trouble, defect, etc. of the facilities (hardware, software) required for the provision of the Services occurred;
(3) When the Services received a computer virus attack;
(4) When the Services are accessed improperly or when necessary for criminal investigations;
(5) When the provision of the Services is difficult due to a fire, earthquake, power failure, or any other force majeure event; or
(6) When any other reasonable cause due to which the Services cannot be provided occurred.
2. The Company may terminate the Services by giving User a certain period prior notice. In this case this Agreement will terminate upon termination of the Services.
3. The Company will not assume any liability to User or any other third party arising out of or in relation to Paragraph 1 or Paragraph 2 of this Article.

Article 17- Suspension of Provision of the Services

When User conducts an act which falls or is found to be likely to fall under the conditions set forth in each of the items of Article 11, the Company may suspend the provision of the Services or cancel this Agreement without notice to User. In this case the Company will not assume any liability to User or any other third party.

Article 18- Handling of Personal Information

1. The Company will comply with the Act Concerning the Protection of Personal Information in relation to the management of personal information of User.
2. User is requested to agree in advance that the Company collects and utilizes personal information of the User,and provides it to the affiliated studios and the affiliated companies, for the purposes set forth below:
(1)The Company and the affiliated studios and the affiliated companies utilize User’s personal information to deliver emails, etc. to the User, providing guidance on audition information and photo-shooting events, introduction of services, change of specifications (such as addition of function), and notice of changes to these Terms of Use.
(2)The Company and the affiliated studios and the affiliated companies to prepare statistical documents based on information obtained;
(3)The Company and the affiliated studios and the affiliated companies to deliver to User information on products and services of partners of the Company and the affiliated studios and the affiliated companies;
(4)The Company and the affiliated studios and the affiliated companies to deliver products to User; and
(5)The Company and the affiliated studios and the affiliated companies to respond to inquiries from User.
3. User hereby agrees that the Company will entrust the management of all or a part of personal information to a third party.
4. The Company will not disclose or provide personal information to anyone other than the third party under the preceding paragraph without consent of User; provided, however, that the Company may disclose or provide personal information without consent of User himself/herself, in the cases falling under each of the items of Paragraph 1 of Article 23 of the Act Concerning the Protection of Personal Information, or in cases where disclosure of personal information is requested by the court, the police, or any other public agency.

Article 19- Posting and Removal of Photos Taken for the Services

Photos of a participant (User) in events, etc. taken at such events, etc. will be posted on the websites of the Services for the purpose of the sponsors and co-sponsors of such events, etc. selling such photos to such participant (User). The Company provides the service of selling digital data, prints, etc. (including photo goods) of such photos to such participant (User) wishing to purchase the same. A participant (User) who does not wish to have his/her photos taken at events, etc. posted on the websites of the Services must contact the "Sponsors and Co-sponsors of Events, etc." and take necessary procedures.

Article 20- Non-assignment of Rights and Obligations

User may not transfer or assign any rights or obligations related to this Agreement to any third party.

Article 21-Support

For inquiries on the Services, please contact us by sending an email to the following address,
PhotoReco Customer Support.
Email address: support@photoreco.com

Article 22- Governing Law

The formation, validity, performance and interpretation of this Agreement shall be governed by the laws of Japan.

Article 23- Agreed Jurisdiction

Any doubt, ambiguity or dispute which may occur between the Company and User will be discussed in good faith between the Company and User. Any doubt, ambiguity or dispute which remains unresolved through such good-faith discussion will be brought to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court.

Supplementary Provision

Exrant Inc.
Date of Enforcement: January 20, 2014
Date of Revision: February 12, 2015
Date of Revision: October 19, 2015
Date of Revision: Dec 4, 2015
Date of Revision: January 11, 2016
Date of Revision: June 10, 2016

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