Contract of use
The company AMI (hereafter to be called ‘the company’) constitutes the website that this company operates ‘AMI’ (hereafter to be called ‘the system’) and those that the use it (hereafter to be called ‘clients’). Regarding the photography service that this company provides (hereafter to be called ‘this service’ When the name of the service or contents are changed, regardless of a reason, I shall include ‘this service’ after the change concerned), the items that the clients must adhere to and also states the obligatory right relationship between client and company and establishes the objectives and regulations of ‘AMI’ (hereafter to be called ‘the regulations’) are stated here.
Article 1 (Application of use)
- 1. The client, upon agreeing to this contract, the company’s fixed ‘AMI Application Form’ or otherwise by completing an application form within this system to declare the application procedure to take place.
- 2. In the event that the client completes the ‘AMI Application Form’, upon signing or affixing a seal, that this will be mailed, or otherwise transmitted through FAX to this company.
- 3. A registered application to use this service must be carried out by an individual or corporate body themselves and as a general rule, an application by a proxy or alternate representative will not be recognized. As well as this, clients that wish to use this service must offer this company valid, accurate and their most up to date information upon applying for registration.
- 4. This company, in accordance with their set of standards, when deciding whether to accept an applicants registration, in the case that this company accepts an application, that the applicant will be notified and that with this notification, the applicant’s registration as a registered user is completed.
- 5. The time of completion stated within the preceding paragraph, in accordance with this agreement’s set of rules, this service’s user contract is established between the registered user and this company and the registered user is able to use this service in the way decided by this company.
- 6. This company, based on the first paragraph, the person that applied for registration, should they come under any of the following items, the registration will be rejected.
- (1) In the case that this company decides that there is threat that the set of regulations has been violated.
- (2) In the event that the registration articles that this company offers are entirely, or otherwise one part is false, has a clerical error or is omitted.
- (3) In the event that you are someone that has deleted his or her registration to use this service in the past.
- (4) In the case that you are a minor, adult ward, or person under curatorship or assistance, a legal representative, guardian, curator or assistant did not give agreements.
- (5) In the case that this company decides that it is not suitable, etc.
Article 2 (ID and password management)
- 1. This company in the case that the ‘AMI Application Form’or any application form within this system is received, as a fundamental rule, that clients be granted an ID as well as a password. However, this company may not consent to an application from a client that is made for profit.
- 2. The client has managerial responsibility over the ID and password granted by this company and so the company does not have responsibility relating to the leakage of information or upon the misuse or damages for clients.
- 3. As for clients, any ID and/or password taken or borrowed from a third party, transfers, change of name, sale are not permitted unless recognized by the company.
- 4. As for the clients, in the case that an ID or password has been stolen, forgotten or it has been proven that an ID or password has been used against one’s will, the company will immediately notify those affected and by complying with the company’s instructions and because of this, the company hold’s no responsibility.
Article 3 (creating a separate application)
As for the client, the ID and password that this company has provided and by following this system’s management screen and as for the publication of photographs and writing up the plan can proceed. At the time that the client’s plan begins printing and the client applies to the company to publish a separate plan, the client will be charged a service duty charge by the company when the photography reservation of the concerned client is completed.
Article 4 (Obligatory service charge payment)
- 1. As for the client, in the event that the matching user member that uses this system (to be hence named ‘client’) completed the photography reservation following this system, the company will pay the a service rate equivalent to 25% of the value of the photography service that a client would usually pay for the company for the use of the service. However, this company, in over one month, this system arranges the notice period, E-mail and upon announcing this system’s page for managers, a revised form for commission rates as well as a partial change can be carried out.
- 2. As for the photography reservation, using the company’s specified method, the exact amount of money for the price of the plan that the client requested will clarified be clarified by the company and then the payment transaction will be completed.
- 3. By using this system, the client’s complete photography reservation plan is completely covered by the service fee. In the event that the client, before using the system, the company receives the intellectual photography reservation of the client, the client concerned will be able to use this photography system and a service charge will be incurred.
- 4. Regarding the clients, granting acceptance of the value of the photography service that this company offers its clients, the responsibility of paying the value of the client’s photography service fee must be paid by the client to the company through the company’s specified method at the time that it elapsed.
Article 5 (Reservation postponement and cancellation)
- 1.The cancellation of a photography reservation is created through a separate method and is only possible for our clients and can also only be carried out from the side of the client.
- 2.In the event that the photography is cancelled or postponed, in accordance with the AMI user agreement article 13, paragraph 1; 25% of the monetary value of the service will be deducted and transferred to the company from the client’s specified bank account.
Article 6 (Method of Payment)
A completed payment of the service fee will be made at the end of the month that a reservation has been made, the amount that a client has paid will be deducted by the amount that the client has used this service. This deduction will be made as a service charge on the last day of the proceeding month at the latest through the client’s specified bank account. Furthermore, this company will take responsibility of any transfer fees that are incurred.
Article 7 (Prohibited Items)
- 1. Regarding the system plan and photographs, the client holds responsibility over publication. However, should any of the client’s photographs or plan fall under any of the following items, they must be published.
- (1) In the event that it is feared that they will violate any laws, rules and regulations, and or public order.
- (2) In the event that there is likelihood that they are linked to criminal acts.
- (3) In the event that there is the fear that they infringe on someone’s fundamental human rights, promote employment discrimination or hinder the chance of equal employment.
- (4) In the event that they are related to the distribution of obscene images.
- (5) In the event that it will induce the mistake of a counterfeit or falsified item
- (6) In the event that it violates another client or third party’s intellectual property right, meaning; copyright, patent rights, utility model, trademark rights, design rights, etc. (The right to acquire or apply to register for those rights is also included).
- (7) In the event that the property rights or privacy of other clients or third parties are violated.
- (8) In the event that other clients and or third parties are given a disadvantage.
- (9) In the event that a client or third party’s contents are slandered.
- (10) In the event that the operation of this service is hindered or the trust between this company is damaged.
- (11) In the event that this company, from on rational basis, declares the actions inappropriate, etc.
This company, in the case that its client’s published information corresponds to any items within the preceding paragraph or if it is decided that there is fear that it corresponds, the client will not notified beforehand, the affected publications may be suspended. Furthermore, even in the case that the client’s suffer damages from the suspension of publication, this company will hold no responsibility. 3. This company, as a rule in accordance with any of the items in clause 1, in the case that there is allegation of infringement from a third party, a resolution should be found through the expense and responsibility of the client. Furthermore, in the unlikely event that this company was to independently deal with a dispute, in order to defend the company, the guest shall take responsibility for all legal activity, including lawyer expenses.
Article 8 (Non-guarantee)
- 1. This company, in regards to quality and functionality the company cannot guarantee the accuracy and usefulness of the technology and commerce.
- 2. Regarding guests, the photography service that we offer the clients is performed based on the execution of the contract between guests and/or clients.
- 3. Regarding the execution of the contract for the photography service that is offered to guests and clients, this company will take no responsibility even in the event that trouble should occur between the guests and/or clients.
- 4. Even in the event that trouble should occur between guests and a third party in relation to this service, excluding cases of this company’s gross negligence or bad faith, in relation to the trouble concerned the company will bear absolutely no responsibility.
- 5. Regarding the case of links between this system and other websites as well as other websites offering links to this system, in relation to websites other than this system and the company will not take responsibility for the information that can be obtained from there.
- 6. Regarding the damages that a guest incurs in relation to this service, this company will not be responsible for providing any compensation.
Article 9 (Right to Intellectual Assets)
- 1. Regarding the copyright of any other information that a guest submits on this system (hereafter called submitted information) comes under the jurisdiction of the guest. However, with the company’s continuing objective of expanding the success of the system, within a necessary range, it is possible to freely use the system free of charge, this includes; reprinting, copying, sublicensing to a third party, etc.). Furthermore, The guest cannot use copyright personal rights with the use of our submitted information. In addition, the company has the right to decide where submitted information is placed on the system.
- 2. Regarding guests, In the event that a third party has the right to for the photographic right to use one’s likeness, political administration, trademark rights, copyright, etc. including submitted material on this system, about the right existing at all, the appropriate rights of consent will be acquired from the proprietor and/or rightful representative as well as guarantee that the third party will not incur any damages. In addition, in the unlikely event that this company is claimed rights compensation from a third party, this company will bear no responsibility for resolving conflict or expenses for the guest/client. Furthermore, in the unlikely event that this company should have to deal with a dispute, for the company’s self preservation, the guest shall bear responsibility for all legal activity, including lawyer expenses.
Article 10 (Subcontracting/Partnership)
This company will provide the business operation of this service from the present into the future and possibly in order to expand the business, will continuously be able to subcontract and/or create partnerships with third party enterprises and organisations.
Article 11 (The handling of clients that have acquired personal information in line with this system)
- 1. Personal information’ refers to one or a combination of two of the following; an individual’s name, date of birth, age, gender, place of residence, telephone number, family members, hobby, preferences, E-mail address, ID, IP address, place of work, work telephone number, credit card number and/or bank account information dependent on whether it is possible to identify a specific individual.
- 2. In line with this system, a guest must not acquire and/or offer personal information to a third party without the permission of the company as well business activity outside the objective of this system.
- 3. As a rule, guests must not violate the contents of the previous clause, in the unlikely event that the company is claimed damages from a third-party, it will become the guest’s responsibility to find a resolution for any expenses. Furthermore, in the unlikely event that the company must deal with disputes that relate supporting itself, the guest will bear all necessary expenses for legal activity, including lawyer expenses, in order to defend the company.
Article 12 (Period of Validity)第12条（有効期間）
Regarding the period of validity for this service, the company will grant an ID and a password to the guests for a year from the day of activation. However, should either the company or the guest not declare their intention to refuse termination up to three days before the expiry of their period of validity, the period of validity will automatically renew itself for a further year and continue to do so each year unless indicated otherwise.
Article 13 (Suspension of service)
- 1. In the event that any of the following items are applicable, the company will, based on its own judgment is able to entirely/partially suspend, interrupt or possibly alter the method of operation without notifying the guest. Excluding an event based on the reason that responsibility should be returned to the company, in relevance to suspension, interruption or the alteration of the method of operation, the company will be unable to provide compensation for any claims of damage.
- (1) In the event that the system must perform a fixed period or emergency maintenance checkup.
- (2) In the event that the system is unable to be offered due to a fire or an electrical power outage.
- (3) In the event that the service is unable to offered due to a natural disaster.
- (4) In the event the company is unable to offer the service to the guests due to installation or the abnormal management of equipment, a fault, obstruction, etc.
- (5) In the event that the company is unable to offer the service for the reasons irrelevant to responsibility.
- (6) In the event that photographs from the irrelevant to the improvement of plans, appropriate time, the amount of publicized photographs and time of publication, taking into account when the level of photography reservations is considerably low or even if after a photography reservation, the level of cancellations is considerably high.
- (7) In the event that the company deems it necessary to temporarily suspend or delay, etc.
- 2. In the event that any one of the following items apply to the guest, the company is able to nullify admission of an ID and password and deny use of the service to the guest.
- (1) In the event that the any of the clauses of the original regulations are violated.
- (2) In the event or fear of the event that publicized pictures and the actual condition of plans are different and depending on this, a complaint is pleaded by a third party.
- (3) In the event relating to the original violation of regulations accusation, irrelevant to the demand for explanation from the company and that a reasonable explanation is not given.
- (4) In the event of bankruptcy, the start of a civil affairs reproduction procedure, the start of a special settlement procedure, in response to the company or oneself beginning reorganization, or possibly the event when the company is virtually bankrupt or even if the company deems the probability to be high.
- (5) In the event that there is fear that a collective or otherwise habitually violent illegal act to be committed is being fostered by an organization, or in the event that a person judges that a deal is being made.
- (6) In the event that in over three months a login from the managerial side has not been recorded, and a clear response to an enquiry by the company in the form of a document, phone call, letter, etc. has not been given.
- (7) In the event of the development that the company finds reason to deem the service difficult to continue.
- 3. In the event that use of the system is terminated, regarding the photography reservation, plans that have already been submitted will be developed and the client will be obligated to pay a service charge to the company.
Article 14 (Other Prohibited Items)
- 1. Regarding this system, any copyright or other rights belong to the company. Clients are not permitted to violate the rights of this company or disassemble, de-compile, reverse-engineer, alter, transform, remodel, etc. this system.
- 2. The company may create a contract between a client and separate subcontractor in the case that the publication of photography and the plan are completed.
- 3. Company’s other than this company must not use information, technological information, personal information, etc. gained from the photography reservation website of this system. Also, needless to say, the company will not offer the same information or a free charge to third parties.
- 4. A guest is not permitted to make a claim based on the status of an application, any such claim as well as any other claim made towards the company, this also includes the transfer of a claim to a third party without the consent of the company.
- 5. A guest must not invite clients that are not affiliated with this service for a photography session without the consent of the company not only within the regulation period but also within the six months prior to the regulation period being terminated.
Article 15 (Clause regarding the removal of crime syndicates, etc.)
- 1. Upon the time of application, guests as well as officers and users must pledge that they are not affiliated with any crime syndicate, crime organization, criminal, businesses or organizations relating to crime as well as any related persons or anti-establishmentarian power.
- 2. 2. In the event that any of the following items is applicable to the client, the company may suspend the client’s use of the service without warning.
- (1) In the event that the client themself or through the use of a third party uses violent actions, fraud, use strong language, interfere with business, etc.
- (2) In the event that a client or through the use of an officer, a criminal organization is established.
- (3) In the event that a client fails to cooperate with an investigation in regard to the company’s desire to confirm that they not affiliated with a criminal organization.
- 3. In the event that the company suspends service to the customer in accordance to any of the previous items, the client or any of their affiliates will not be able to receive any compensation.
Article 16 (Penalty for break of contract and the amount of compensation)
- In the event that damage is caused to the company when the client dishonestly or unlawfully violates the regulations, the client will bear responsibility in compensating the company for all damages, this also includes lawyer expenses.
- 2. In the event that a client intentionally emphasise that the photography that they have requested using the system is faulty and the company have responded that it will not be enforced, henceforth called ‘act of concealment’, the client will be forced to not only pay compensation determined in the previous clause, but must also pay, when that value is less than 1,000,000 100% of the estimated value in line with the act of concealment.
Article 17 (Items of Discussion)
In the event that any queries develop regarding items that are not in line with the regulation as well as any interpretations of the regulation clauses, we will mutually and sincerely come to a resolution. During discussions, in the event that it becomes difficult to reach a resolution and the company’s person in charge of the client’s operations would become the decision maker, the manager will declare the final decision within the discussion.
Article 18 (Items referring to the protection of personal information)
- 1. The company will, upon offering the service to its clients, as well as upon drawing up records of clients use of the service and totaling, analyzing and processing in a way that disenables the discrimination of specific individuals, in line with the corresponding statistical data, may be used without limit and publication companies will consent to this beforehand.
- 2. The results of a questionnaire from gathered employees from a separate company, use data of personal history, a track record of publication companies (the number of photography reservations, etc. exchanges that the company can verify, including but not restricted to information from publication companies, etc. using aggregate results, etc. as the basis, we will be able to note effect information on publication companies within the system and publication companies will approve of this.
- 3. Regarding the clients, the company will inspect and approve information regarding correspondence from the system performed between clients and guests. However, respecting the privacy of clients and guests regarding the contents of the correspondence, the inspection will not be performed carelessly.
Article 19 (Rules regarding continuation)
Rules within Article 2, clause 2, article 4 (in the event that it is unpaid), article 7, clause 2 and 3, article 8, article 9, article 13 clause 1, articles 16 to 22 upon the property of regulations allowing for continuation, validity shall continue even after termination of contract use between the company and the client regarding the system.
Article 20 (Governing Law)
Regarding the establishment, validity, implementation and interpretation of the regulations, Japanese law shall be applied.
Article 21 (Rational management)
In relation to the regulations, judgment of a dispute at the time that it occurred, shall first and foremost be subject to the exclusive jurisdiction Tokyo District Court or Tokyo Summary Court.
Article 22 (Transfer of regulations)
In the event that the company’s operations are assigned to another company, upon the status of use contract in accompaniment with the applicable operation transfer, based on the rights as well as the line of responsibility, it is possible to transfer the regulations, client information such as customer information and applicable operation transfer’s guarantor, regarding transfer, the client will agree this clause beforehand. Furthermore, in the event that operations that this clause will be determined for transfer, not only general operational transfers, but all operations of the partitioning of the company will also be transferred.
Article 23 (The alteration of the regulations)
The company is able to alter the regulations at any time and after the regulation alteration, henceforth to be named ‘new regulation’ will be applicable to the company and clients. However, before the alteration of the regulations a reasonable notice period will be established and disclosed through E-mail, and managerial websites and regarding this declaration, clients must give approval.