These Terms and Conditions (this "Terms") shall be applied to the use of HANANINGEN GALLERY (the "Service"). You must read and agree to the entire of this Terms before using the Service.
Description of the Service
- This Service is to show the Photos (the "Photos") to the users of HANANINGEN (the "User") and to let the User buy their own Photos.
- All of the copyrights related to the Photos herein are expressly reserved to and by the Company. The User shall agree that the Company shall be entitled to equitable relief, including injunction and a claim for damages, in the event that the Company becomes aware of the use of the Photos that is contrary to the Company’s intention.
Scope of this Terms
- This Terms shall be applied to the person who inputs its own ID and password.
- The User shall acknowledge that the Company reserves the right to amend this Terms from time to time without prior notice nor consent. Changes to the Terms will be effective immediately when the amended Terms are posted. You agree to review the Terms periodically to become aware of any changes. You will be deemed to have accepted the Terms as amended if you continue to use any of the Site after any amendments are posted on the Site.
Act of Minors
- A minor must obtain the consent of his/her statutory agent to use this Service, including viewing the Photos and buying them. A minor who applies to the Company for registration to use this Service is deemed to obtain such consent of such agent.
Password and User ID Management
- The User shall have the responsibility to keep and maintain its ID and password in appropriate manner, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same.
- The User shall allow the Company to deem to be used by the User when the appropriate ID and password are putted in to the Service.
- When the User is aware that its ID and password are used by the third party, the User shall notice the Company such.
- The User shall make payment to the Company of the download fee by its own credit card. All necessary costs for such transfer, including, but not limited to, the costs of wire transfer and currency conversion, shall be borne by the User, and without any withholding, set-off or other deduction.
- A credit card company shall perform settlement processing when the User applies to the company.
- The User shall use its own credit card as a general rule. If the User has the reasonable reason to use a credit card in the name of the other third party, the User shall notice the reason to the Company upon its request.
- The User shall make the payment of the total at once.
Period to Download
- The User may download the Photos which the User buys after the credit card company performs its settlement processing.
- In no event may the User cancel the purchase nor return any Photos once the Company recognizes the purchase and lets the User download the Photos.
- Your sole remedy for any defect in the Photos shall be the replacement of the same data without defect and the Company disclaims any other liabilities and remedies with respect to any defect in the Photos.
The Company may, without prior notice or demand, delete the ID of the User and cancel the User’s use of the Service, in the event of any of the following:
- When the User obstructs or is likely to obstruct the operation of the Service:
- When the User is in violation of any terms or conditions of the Terms:
- When any or all of the information provided by the User to the Company is found to be false, inaccurate or omitted:
- When the User uses User ID or password of other users of the Service:
- When the User causes or is likely to cause the Company or any third party any detriment or damage.
- When the User acts or is likely to act in illegal, false, libelous or slanderous manner.
- When the User acts in the manner that the Company deems to be inappropriate.
Suspension of the Services
- The Company shall be entitled to, without any prior notice to the User, suspend or discontinue the Service, in whole or in part, in the event that:
- Inspection or maintenance of the computer system for the Service needs to be performed;
- The Company becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters: or
- The Company determines that suspension or discontinuance is required for other reasons.
- The Company does not provide the User with any guarantee regarding to the damages or losses arising from the suspension or discontinue of the Service.
Exclusion of Anti Social Forces
The User represents and warrants to the Company that it is not a person or an entity who has fallen and shall not fall under any of the following categories (such person referred to as the "OCGs"):
- an organized crime group;
- a member of an organized crime group;
- a related company or association of an organized crime group;
- a corporate racketeer; or
- other equivalent person or entity of any category above.
The User represents and warrants to the Company that it has not fallen under and shall not fall under
- a person or an entity having such relationship with the OCGs that shows provision of funds, benefits or services from the person to the OCGs;
- a person having the purpose to maintain or support OCGs, or be involved to do such; or
- a person engaged in socially condemnable relationship with the OCGs.
The User represents and warrants to the Company that the User shall not act or, let or make OCSs act, the following:
In the event that the Company gets aware that the representation and warranties in the clause 1 or 2 are not or had not been true, or that the User breaches the covenants on the clauses above, the Company may immediately terminate this Agreement.
- the act or behavior that threatens the Company; or
- the act that damages the credit or obstructs the business of the Company by the use of fraudulent or force.
- The Company does not provide the User with any guarantee arising from the termination of the registration due to the foregoing clauses.
Indemnification and Miscellaneous
- The User acknowledges and assumes all risks involving the transmission of your personal information through this website, including but not limited to the leakage of your credit card number or other personal information. In no event shall the Company be liable for any accident, loss or damage that are caused from or in connection with the transmission of your personal information through this website.
- The Company shall bear no liability with the User arising from the User’s violation of any terms or conditions of this Agreement.
- Under no circumstances shall the Company be liable for any damages incurred by the User arising out of discontinuance, suspension, termination, unavailability or modification by the Company of the Services or damage to equipment through the use of the Services, or otherwise in connection with the Services.
- The Company makes no warranty that the website or the Photos are free from infection by computer viruses or anything else that has contaminating or destructive properties.
- This Terms shall be governed by and construed in accordance with the laws of Japan without regard its choice of law provisions. If there are sales of goods in the Services, the United Nations Convention on Contracts for the International Sales of Goods (CIGS) shall not apply. Any dispute which may arise in relation to this Terms or the Service shall be under the exclusive jurisdiction of the Sapporo District Court as the court of first instance.
- The Terms shall be executed in the Japanese language. Japanese shall be the governing language and any translation of the Terms into any other language including English is for convenience of reference only and shall not bind the parties herein.