Terms of Use

Date of Revision: May 1, 2017

This Terms of Service ("Terms") set forth the terms between Weawow Corporation ("Weawow") and users ("Users") of any services or features of Weawow ("Service"). However accessed, you agree to be bound by terms.

1. Assent to the Terms

1. Users shall assent to the Terms and use the Service in accordance with the Terms.
2. Users must be at least 13 years old to use the Service. Users warrant that the Users have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
3. Users understand and agree that Weawow cannot and will not be responsible for the images, text, information, usernames, profiles, works of authorship, links and other content or materials that you submit, post or display on or via the Service (collectively, " Content"), and Users use the Service at your own risk.

2. member registration

1. In order for a user to post and publish Content on this service, the user must register as a member. A user who carries out member registration is referred to hereafter as a “Member.” The Weawow may refuse the member registration when you fall under any of the following items.
   1. You present false information.
   2. You apply for registration for another person.
   3. You already registered.
   4. You cannot use the Service under Article 9, Paragraph 3.
   5. The Weawow finds it to be inappropriate to accept an application.
2. Member shall immediately update your registration information.
3. By registering as a photographer, a Member can sell the usage rights to Content the rights to which he owns. A Member who registers as a photographer is hereafter referred to as a “Photographer,” and Content the usage rights of which have been sold is referred to as “Sold Content.”
4. By registering as a buyer, a Member can buy the usage rights to Sold Content. A Member who registers as a buyer is referred to hereafter as a “Buyer.”

3. Restrictions

Users shall not engage in the following when using the Service.

1. Activities that post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other such content via the Service.
2. Activities that violate the law, court verdicts, resolutions or orders, or administrative measures that are legally binding.
3. Activities that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and all other rights of the Weawow and/or a third party granted by the law or contract.
4. Activities that lead to the misrepresentation of the Weawow and/or a third party, or intentionally spread false information.
5. Activities that use the Service for the purpose of harassments or libelous attacks against other Users, use the Service for the purpose of meeting a person for sexual encounters, or use the Service for purposes other than the Service's true intent.
6. Activities that benefit or collaborate with anti-social groups.
7. Activities that post a link to the Service without identifying the name of the Service, and that post an inappropriate link to the Service such as a link from illegal content.
8. Activities that interfere with the servers and/or network systems of the Service, that abuse the Service by means of BOTs, cheat tools, or other technical measures, and that deliberately use defects of the Service.
9. Activities that that make unreasonable inquiries to the Weawow such as repeatedly asking the same question beyond necessity, that make undue claims against the Weawow, and that interfere with the Weawow's operation of the Service or Users' use of the Service.
10. Activities that illegally or improperly lead to the collection, disclosure, or provision of other’s personal information, registered information, user history, or the like.
11. Activities that use domain names or web URLs in your username without prior written consent from Weawow.
12. Activities that create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
13. Activities that aid or encourage any activity stated in Item "1" to "12" above.
14. Other activities that are deemed by the Weawow to be inappropriate.

4. Privacy

The Weawow places the highest priority on the privacy of Users. The Weawow promises to appropriately handle the User’s personal information in accordance with the Privacy Policy.

5. User Responsibility

1. Users are responsible for keeping your password and user ID secret and secure. When the password or user ID matches the registration information, the Weawow may deem that the Service is used by the User.
2. Users are solely responsible for the Content.
3. Users shall use this Service at his/her own risk, and shall bear all responsibility for actions carried out and their results upon this Service.It is User’s responsibility to back-up the his/her data of modified/decollated photographs and others by the Service.
4. In the case where the Weawow has suffered loss/damage or has been charged an expense (including but not limited to lawyer's fees) directly or indirectly due to the User using the Service (including but not limited to claims against the Weawow arisen by third parties), the User shall immediately compensate the Weawow upon its request.
5. In the case where a third party have suffered loss/damage or has been charged an expense directly or indirectly due to the User using the Service, the User shall deal with this situation on his/her own responsibility and at his/her own expense.

6. Sale of Photographer content

By registering as a Photographer, a Member can sell the usage rights to Content the rights to which he owns as a Photographer. When selling the usage rights to Content on Weawow, a Photographer implicitly understands and agrees to the terms below.

1. Granting of rights

   The Photographer grants Weawow, without limitation of location and period, the non-exclusive right to the use (duplication, distribution, redistribution, publication, republication, sale, promotion, broadcast, trimming, modification, change, public broadcast, transmission, exhibit, creation of secondary works therefrom, and packaging) of Sold Content, and the non-exclusive rights to authorize third parties to use said rights per the terms of this agreement or terms we stipulate elsewhere.

2. Photographer guarantee

   The Photographer makes warranty that his Content has been made by the Photographer and that he fully owns the copyrights to it, and/or has obtained written consent from the appropriate rights holder for its use, and that he retains the appropriate rights to authorize Weawow, Buyers, clients of Weawow, and users of the Content with the rights prescribed in the preceding paragraph. The Photographer also makes warranty that he does not infringe on the rights (including but not limited to copyrights, portrait rights, trademark rights, patent rights, trade secrets, rights to privacy, publicity rights, and other property rights) of third parties.

3. Submission of release files

   Where selling the usage rights to Content including people, the Photographer must obtain a model release for portrait rights from all persons and furnish original copies to Weawow. The model release in question shall be either one specified by Weawow or one that is valid and binding in a substantively equivalent form. Where selling the usage rights to Content including subjects other than people, the Photographer must obtain a property release release from all owners of said subject and furnish original copies to Weawow. The property release in question shall be either one specified by Weawow or one that is valid and binding in a substantively equivalent form. However, where Sold Content sold by a Photographer is designated as “for editorial use,” the usage rights to it can be sold without a model or property release per the terms of this agreement and/or Weawow’s sole discretion. In these cases, the Photographer must provide a warranty that the Sold Content is accurate and has not been modified or manipulated.

4. Consent to sale

   When a Photographer wants to sell the usage rights to Content, Weawow reserves the right to review and approve or reject its sale. Items the model or property release of which cannot be obtained, or which contain inaccurate information or are in some way inappropriate, can be deleted and/or changed by Weawow at its sole discretion.

5. Payment of fees

   When Sold Content is sold and a Photographer files for payment of compensation for the same, Weawow makes payment to the Photographer based on the rate of compensation and method stipulated. Where payment made to a Photographer is subject to tax withholding at the source or by taxation by the tax authorities, payment will be made after deducting said amount(s). The Photographer agrees that, depending on the payment method used, a processing fee may be deducted. Where the requisite and accurate information needed to make payment of compensation and for payment of tax withholding at the source is not made at the time of filing a payment request, Weawow will notify the user by e-mail. If no response is received after one month, the payment becomes invalid.

6. Liability of Photographer

   Where a Photographer is subject to a filing, objection, complaint, or request for damages from a third party for infringement pertaining to Sold Content sold by a Photographer, or for information pertaining to the same, the Photographer is solely responsible for responding accordingly and makes warranty to not involve Weawow or otherwise subject Weawow to damages. Where Weawow is subject to an appeal, complaint, or request for payment for damages and Weawow sustain some form of damages, the Photographer is responsible for compensation of all expenses Weawow incur, including reasonable legal fees. The payment of compensation prescribed in the preceding paragraph may be canceled out or reduced without prior notification where required to make payment for a Photographer’s compensatory obligations.

7. Cancellation of payment and Sold Content

   Where we find that a Photographer has violated the terms of this agreement, Weawow can delete the Sold Content and suspend the Photographer’s account; in said cases, Weawow does not pay compensation and any other money to the Photographer. Where we receive a request for a refund from a buyer on the grounds that the Sold Content itself was lacking or damaged in some way, or where a temporary server or communications error causes unintended payment such as double purchase, payment to the Photographer may be canceled. Even after a Photographer files for deletion of Sold Content the Photographer has previously registered on the service, the Photographer cannot file for the suspension of use or injunction against already Sold Content.

7. Purchasing content

Content on Weawow is purchased in the form of specific usage rights. When purchasing content for sale on Weawow (hereafter, “Purchased Content”), the Buyer implicitly agrees and consents to the terms below.

1. Royalty-free

   Sold Content is royalty-free, excluding the case set forth in the paragraph 6. When a the usage rights to Content is purchased, it can be used unlimited times provided said use is within the allowed scope. However, the copyrights to Sold Content remain with the Photographer. Buyer does not purchase the Contents themself, but the usage rights to them. Therefore, Purchased Content cannot be transferred or sold to third parties.

2. Regular license

   Purchased Content with a Regular license presumes the strict observation of this agreement. The following scope of use applies, irrespective of whether said use is private or commercial. However, for items for which an Extended license is needed, the terms of following paragraph shall apply.
   1. Display up to 1M times as images on news sites, blogs, and social media sites.
   2. Display of up to 1M items on Internet media intended for generating profit, sales promotions, or advertising.
   3. Use of up to 1M items of printed matter intended for generating profit, sales promotions, or advertising.
   4. Use of Purchased Content by Members within the same organization.

3. Extended license

   Purchased Content with an Extended license is covered by the Regular license, as well as the additional scope below.
   1. Use for specific products intended for sale (postcards, greeting cards, stamps, stickers, puzzles, clothing and accessories, software)
   2. Unlimited display as images on news sites, blogs, and social media sites.
   3. Unlimited display on Internet media intended for generating profit, sales promotions, or advertising.
   4. Unlimited printed use of printed matter intended for generating profit, sales promotions, or advertising.

4. Editorial use

   Content designated as “for editorial use” can be used in the following scope on the condition that it display © Photographer Name / Weawow credits .
   1. Use as images on news sites, blogs, and social media sites.
   2. Use of Purchased Content by members within the same organization.

5. Usage restrictions

   A Buyer shall not use all or part of Purchased Content for the purposes below.
   1. Purchased Content cannot be used for pornographic or defamatory purposes, or those that would violate public morals and decency, or in a way that directly or indirectly contravenes the law.
   2. Purchased Content cannot be used as part of trademarks, design marks, trade names, logos, whether in whole or in part.
   3. Purchased Content cannot be used in a form where a third party downloads, extracts, or redistributes the original file as-is.
   4. Use of a photograph in a manner that would expose the subject or respective rights owner or Photographer to defamation, damage to creditworthiness, infringement on rights, or other adverse reputation or invite extreme controversy, or where there is the possibility of the above, is not permitted.
   5. Purchased Content cannot be resold, transferred, or licensed for any reason. However, this does not apply to cases where the Buyer delivers a product he or she has created to an advertiser and it is used accordingly.
   6. Content designated as “for editorial use” cannot be used for commercial purposes that include generating profit, sales promotions, or advertising. It must contain the "© Photographer Name / Weawow" credits.
   7. If not electing to purchase an Extended license, use for specific products intended for sale (postcards, greeting cards, stamps, stickers, puzzles, clothing and accessories, software) is not permitted.
   8. Other uses we deem unauthorized cannot be engaged in.

6. Copyrights and other rights

   Weawow, and users who consent to the sale of their content by Weawow (Photographers), do not always retain the copyrights, portrait rights, trademark rights, design rights, and other usage rights associated with subjects found in Contents. Therefore, when making use of Purchased Content, the Buyer consents that separate advance usage agreements or payment of usage fees for the rights in question may be required.

7. Provision of release files

   Where requested by a Buyer, we may provide model releases and property releases pertaining to a subject appearing in a Content. However, personal information may be deleted from the release file.

8. Refund

   Refunds are, as a rule, not offered. However, where there is a technical defect or damage to a file, Weawow will, at its sole discretion, pay refunds where it deems them appropriate.

9. Revocation of licenses

   Where a Buyer violates the terms of this agreement, Weawow reserves the right to cancel the license for the Purchased Content without advance warning or notification; thereafter, the Buyer becomes unable to use the content. Weawow retains the right to revoke on reasonable grounds licenses for use of image(s) and replace said image(s) with others. Upon receiving notification that the license is invalid, the Buyer shall immediately suspend use of the image(s) and notify affected end users and clients.

8. Withdrawal of membership

By filing for withdrawal from membership, use of the service can be suspended; however, in this case Users are deemed to have consented to the following. This shall also apply when the Service is terminated.

1. All Members

   As a rule, all Content, account information, and other information pertaining to the user’s account is, as a rule, immediately deleted, rendering logging in to the account impossible.

2. Buyer

   Buyer cannot continue using the Purchased Content in any form.

3. Photographer

   Photographer cannot receive all payment by Weawow.

9. Disclaimer

1. The Weawow does not expressly or impliedly guarantee that the Service are free from de facto or legal flaws (including but not limited to lack of stability, reliability, accuracy, integrity, effectiveness, fitness for certain purposes, security-related faults, errors, bugs, or infringements of rights including intellectual property rights). The Weawow shall not be responsible for providing the Service without such defects.
2. The Weawow shall not be responsible for any damages inflicted upon Users in relation to the use of the Service.
3. The Weawow may, but have no obligation to, take measures that the Weawow considers necessary and appropriate such as removing, editing, blocking, and/or monitoring Content and accounts containing Content, terminating or suspending the rights to use the Service, if the Weawow acknowledges that a User is using the service in a way which violates the Terms. The Weawow shall not be responsible for any damages inflicted upon Users in relation to these measures.
4. The Weawow may change, stop, or terminate the Service, without providing prior notice to Users. The Weawow shall not be responsible for any damages inflicted upon Users in relation to these measures.

10. Rights

1. Users have all intellectual property rights for the Content. Users shall grant to the Weawow a free license, with the right to sublicense, to use (including reproduce, change, distribute, transmit, translate) the Content indefinitely in all areas. Users shall not exercise the author's moral right. Note that the terms of Article 6 take precedence as concerns rights associated with Sold Content sold by Photographers.
2. Users represent and warrant that:
   1. Users have the right to grant the licenses in the preceding paragraph.
   2. The posting and use of Users Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, copyrights, portrait rights, trademark rights, patent rights, trade secrets, rights to privacy, publicity rights, and other intellectual property rights.
   3. Users agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service.
3. Weawow and its sales partners reserve the right to post, duplicate, modify, and exhibit a range of Content for purposes pertaining to the promotion of Weawow service, create secondary works from the same, and/or promote the granting of licenses for Content. When Content is used for any such business purpose, the Member is not paid any remuneration for the same.
4. The Service contains content for which the Weawow has intellectual property rights ("Weawow Content"). Weawow Content is protected by copyright, patent, trade secret and other laws, and, the Weawow has all rights in the Weawow Content and the Service. Users will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Weawow Content and Users will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Weawow Content.
5. Users may not assign or transfer in whole or in part its rights or obligations concerning the Service, without prior written consent from the Weawow. The Weawow may assign or transfer in whole or in part its rights or obligations concerning the Service.

11. Modification of the Terms

The Weawow may modify the Terms and Conditions when the Weawow deems necessary, without providing prior notice to Users. The modification will become effective once the modified Terms are posted on the Service. Users shall be deemed to have granted valid and irrevocable consent to the modified Terms by continuing to use the Service.

12. Governing Law and Jurisdiction

Where the Weawow has provided Users with a translation of the Japanese language version of the Terms and Conditions (hereinafter referred to as “Japanese Version”), the Japanese Version will govern the relationship between Users and the Weawow. In the event of a contradiction between the Japanese Version and a translation, the provisions in the Japanese Version shall take precedence over any other translation. These Terms and Conditions will be governed by the laws of Japan. Conflicts that arise from the Service or conflicts between Users and the Weawow related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo.

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