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Terms of Use Agreement

[Ashinari Photo Material] (“Ashinari”) is a website operated by Aimdesign Co.,Ltd (Tokyo-to Shibuya-ku). This Terms of Use Agreement (“agreement”) is created by Aimdesign Co.,Ltd ( “our company” or “we” ) as the party concerned with [Ashinari Photo Material]. This agreement is established between our company and the user of Ashinari website ( “user” or “you” ). To use [Ashinari Photo Material](“Ashinari”) user has to comply with the terms and conditions stated in this agreement. By using the services of Ashinari you are considered to have read and understood this agreement and are agreeing to comply with all the rules and terms of this agreement. If you do not agree to be bound by this agreement and to follow the terms in this agreement, then you may not use the services of Ashinari. In the case of a discrepancy between the Japanese agreement and the English agreement, the Japanese agreement shall prevail.

Section 1. General Rules

1. Terms of Use.

  1. Ashinari reserves the right to remove or alter any uploaded files without the permission of the user.
  2. Ashinari may modify or amend this agreement from time to time. By continuing to use the services of Ashinari, you agree to be bound by the revised terms of agreement.
  3. If you do not agree to be bound by this agreement and to follow all applicable rules, you may not use the services of Ashinari.

Section 2. Content

2. Content Modification.

  1. Ashinary may change, edit or remove the contents uploaded by the user without the permission of the user.
  2. Our company will not be liable to you for any damages that resulted from the action in 1.
  3. By using the content of Ashinari, you agree to comply with the guidelines published in this website.
  4. Our company is not responsible for maintaining back up copies for all the content uploaded to the Ashinari website.

3. Copyrights.

  1. 1.The ownership, trademarks, copyrights and intellectual property of the content of Ashinari are the property of our company and the respective suppliers of the content; it is not transferred to the user. The user is expected to follow the guidelines published in this website.
  2. Our company reserves the right to allow or refuse the user from using the images found in Ashinari.

4. Violation of Agreement.

  1. Our company observes and investigates all troubles regarding the content of Ashinari and we reserves the right to take the appropriate measures against any violation of the terms in this agreement and the guidelines published on this site.
  2. Our company will not be liable for any damages or losses the user experienced due to any violation of this agreement or the guidelines published on this website by the user.

Section 3. Prohibited Content.

5. General.

  1. Photographs that infringes the intellectual property rights or violates the privacy rights of any third party is prohibited. You may not upload images of people, brands, services or shops without their written or expressed approval. Any material that is obscene, pornographic or offensive are strictly prohibited.
  2. Replicating, downloading, distributing and selling or buying content of this website for purposes other than your own usage is strictly prohibited.

6. Prohibited Content Usage.

  1. The following usage are prohibited:
    1. The distribution of Ashinari contents such as photographs or objects.
    2. For both personal or business purposes, the reproduction of more than 100,000 copies without any descriptions or expressly written permission.
    3. For business purposes, the usage of contents that contain identifiable people, regardless of whether they are dead or alive.
    4. For business purposes, the usage of images that contain identifiable people or brands of objects or contents that are related to them. As well as any contents that contain identifiable products, services, existing objects or any contents of any forms that are related to them.
    5. For business purposes, the usage of images that contain identifiable governments, companies, someone's private information such as his or her name, initial, emblem. As well as contents that contain commercial products, commercial services, commercial activities that hints or shows sponsorship.
    6. The creation of pornographic, obscene or offensive materials using the content or an edited version of the content found in Ashinari.
    7. Web spider, web crawler, and other automatic download tools to download the contents of Ashinari.
  2. The production of these following materials are prohibited:
    1. Contents that carry the intent to be pornographic, obscene or offensive in nature or are of those nature. Contents that are against the law of the local, regional, and national authorities or violates international law.
    2. Contents that infringe the rights (not limited to copyrights, intellectual property rights, trademarks) of a third party, regardless of the methods used to obtain them.
    3. Contents that are threatening or insulting towards others or contents that might harm, slander, or infringe on the privacy rights and the publicity rights of others. Images that are vulgar, obscene, profane, improper, or might disturb or offend a third party. This includes materials that divulge the personal information of others.
    4. Contents that promote or encourage illegal activities, contents that teach or provide instructional information on how to carry out illegal activities. Especially materials that contain information for hacking, cracking, phreaking.
    5. Viruses such as “Trojan horse” or “worms”, corrupted data, softwares that contains harmful components, information or others; hate propaganda; illegal materials or actions.

7. Reproducing Copy of this Site is Prohibited.

  1. The copyrights and the intellectual property of this website and the websites linked here (other websites that are owned, managed, licensed, operated by our company) are protected by the national law and international law. The reproduction of one part or the entire part of the site is strictly prohibited.

Section 4. Disclaimers.

8. Disclaimer Regarding the Site.

  1. Our company cannot guarantee and does not promise the continuing absence of any error, obstruction, omission, defect, viruses or other damages to any of the components of this website.
  2. Our company cannot guarantee and does not promise the correction of errors, obstructions, omissions or defects.
  3. If the above 1 and 2 causes the user to experience any losses or damages to their hardwares or softwares, or other peripheral devices, the expenses of repairing them would be the user's responsibility.
  4. Regarding the contents of this website, our company does not guarantee the accuracy, precision, certainty, the possibility of commercial value, conformance to special intents or the absences of damages.
  5. In all cases, (including the cases where our company notify you of the possibility of damages), our company and our subsidiary companies, the director, the managers, the employees, licensor, suppliers, distributors, are not responsible for any damages, may it be indirect, accidental, or inevitable, caused by the use or the inability to use this website and its contents.

9. Disclaimer Regarding Service.

  1. The user is responsible for any effects caused by using the services of Ashinari.
  2. 1.If a third party is harmed, files a lawsuit or takes other legal measures because of a user of ashinari, then the user is responsible to compensate any losses, damages, costs (including lawyer and trial costs) suffered by our company (director, managers, employees, agents).
  3. Our company does not give any guarantee regarding the usage of our service.
  4. Our company reserves the rights to change, recover, temporarily suspend, etc all the services of Ashinari.
  5. All the services provided by ashinari are presented on the site as is.
  6. All the services provided by ashinari does not contain expressions, hints or organizations of illegal activities or secondary guarantees or hidden meanings.
  7. Our company is not responsible for any damages experienced by the user caused by any reasons (including the deletion of materials or articles uploaded by the user for any reason).

10. Disclaimer Regarding the Usage of the Contents.

  1. 1.Our company is not responsible for the contents published by the user or the effects caused by the user when he or she uses our contents. When the user uses the contents of our site, the responsibility rests completely on the user.
  2. Some materials in this site might not have the ownership of the rights to replicate, rights to use, copyrights, patents, trademarks of the people, objects, buildings and places that appear in the photographs. Please keep in mind, depending on the way you use the contents, you might need the express permission of the subject. Our company cannot be held responsible if there is a dispute with a third party regarding the usage of the contents.
  3. Our company do not authorize, instruct or guarantee the contents of the websites or documents created by the users.
  4. Our company is not responsible for any trading, advertisement of products, delivery of service or quality in regards to the contents of the websites or documents created by the users.

11. Disclaimer Regarding Links.

  1. Our company is not responsible for the content of third party websites that are linked to Ashinari.
  2. Our company does not guarantee any third party links on Ashinari website.

Section 5. Discontinuations and Suspensions.

12. Discontinuations and suspensions.

  1. Our company reserve the right to temporarily suspends or discontinue our services without any prior notice for various reasons, including maintenance, natural disasters, connection problems or other problems that are beyond our control.

13. Disclaimer regarding discontinuations and suspensions.

  1. Our company is not responsible for the damages experienced, may it be direct, indirect, accidental, or inevitable, by the user due to the discontinuation or suspension of Ashinari.
  2. 1.Our company is not responsible for any damages experienced by the user due to the user's ability or inability to use the services of our website.
  3. Our company is not responsible for the damages experienced by the user for any reason ( including the deletion of materials or articles uploaded by the user for any reason).
  4. The above 3. applies to all damages and losses without exception. This includes damages and losses experienced by the user due to violation of contract, illegal activity, computer performance failure, error, negligence, discontinuation, delay of operation or transmission, defect, deletion, viruses, corruption of data, transmission failure, network and system blackout, disruptive behavior, unauthorized access, changes to the system, and damages that resulted from using the documents in this site.

Section 6. Jurisdiction.

14. Jurisdiction.

  1. If there is any dispute between you and our company, you agree that the jurisdiction resides in the Tokyo District Court.

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