Photo Library Terms of Use

These Terms of Use (hereinafter referred to as the “Terms”) set forth the conditions of use for the photo library (hereinafter referred to as the “Service”) provided on this website by the Tazawako Kakunodate Tourism Association, a general incorporated association (hereinafter referred to as the “Association”). All users (hereinafter referred to as the “Users”) shall use the Service in accordance with these Terms.

Article 1 (Application)

1. These Terms shall apply to all relationships between the Users and the Association concerning the use of the Service.
2. In addition to these Terms, the Association may establish rules and regulations regarding the use of the Service (hereinafter referred to as the “Individual Provisions”). Regardless of their designation, such Individual Provisions shall form part of these Terms.
3. In the event of any conflict between the Terms and the Individual Provisions, unless otherwise specifically provided for in the Individual Provisions, the provisions of the Individual Provisions shall prevail.

Article 2 (Use of the Service)

1. The Service shall be available when an applicant agrees to these Terms, applies for use registration in the manner prescribed by the Association, and when such application is approved by the Association.
2. The Association may refuse to approve an application for registration if it determines that the applicant falls under any of the following categories. The Association shall have no obligation to disclose the reasons for its decision:
   1. If false information is submitted at the time of application;
   2. If the applicant has previously violated these Terms;
   3. If the Association deems the application to be otherwise inappropriate.

Article 3 (Prohibited Acts)

Users shall not engage in the following acts when using the Service:

1. Acts that violate laws or public order and morals;
2. Acts related to criminal conduct;
3. Acts that infringe copyrights, trademarks, or other intellectual property rights contained in the Service;
4. Acts that destroy or interfere with the functioning of servers or networks of the Association, other Users, or third parties;
5. Commercial use of information obtained through the Service;
6. Acts that may interfere with the operation of the Association’s services;
7. Unauthorized access or attempts thereof;
8. Acts that collect or accumulate personal information of other Users;
9. Acts that use the Service for improper purposes;
10. Acts that cause disadvantage, damage, or discomfort to other Users or third parties;
11. Impersonation of other Users;
12. Advertising, solicitation, or business activities without the Association’s permission;
13. Acts of providing benefits, directly or indirectly, to antisocial forces in connection with the Association’s services;
14. Any other acts deemed inappropriate by the Association.

Article 4 (Suspension of the Service)

1. The Association may suspend or interrupt the Service, in whole or in part, without prior notice to Users, if it determines that any of the following events has occurred:
   1. Maintenance, inspection, or updating of the computer systems relating to the Service;
   2. Force majeure events such as earthquakes, lightning, fire, power outages, or natural disasters;
   3. Suspension due to accidents involving computers or communication lines;
   4. Any other event rendering provision of the Service difficult as determined by the Association.
2. The Association shall not be liable for any disadvantage or damage suffered by Users or third parties due to suspension or interruption of the Service.

Article 5 (Use Restrictions and Account Termination)

1. The Association may, without prior notice, restrict use of the Service in whole or in part, or terminate a User’s registration, if the User:
   1. Violates any provision of these Terms;
   2. Provides false registration details;
   3. Fails to respond to communications from the Association for a certain period of time;
   4. Other cases the Association determines that the use of the Service is inappropriate.
2. The Association shall not be liable for any damages incurred by the User as a result of actions taken by the Association based on this Article.

Article 6 (Disclaimer of Warranties and Limitation of Liability)

1. The Association does not guarantee, either explicitly or implicitly, that the Service is free from any factual or legal defects (including but not limited to defects relating to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, errors, bugs, or infringement of rights).
2. The Association shall bear no liability for any damages incurred by Users arising from the Service. However, if the agreement between the Association and a User regarding the Service constitutes a consumer contract under the Consumer Contract Act of Japan, this disclaimer shall not apply.
3. Even in the case stipulated in the proviso above, the Association shall not be liable for any damages arising from special circumstances (including cases where the Association or the User foresaw or could have foreseen the occurrence of damages), resulting from default or tort by the Association (excluding gross negligence). Furthermore, compensation for damages due to default or tort by the Association (excluding gross negligence) shall be limited to the amount of fees received from the User in the month in which the damages occurred.
4. The Association shall not be responsible for any disputes, communications, or transactions between Users or between a User and a third party in relation to the Service.

Article 7 (Changes to Service Content)

The Association may change the contents of the Service or discontinue the Service without notice to Users, and shall not be liable for any damages incurred by Users as a result thereof.

Article 8 (Amendment of Terms)

The Association may amend these Terms at any time without notice if deemed necessary. Continued use of the Service after such amendments shall constitute acceptance of the amended Terms.

Article 9 (Handling of Personal Information)

The Association shall handle personal information obtained through the use of the Service appropriately in accordance with its Privacy Policy.

Article 10 (Notices and Communications)

Notices or communications between a User and the Association shall be conducted in a manner prescribed by the Association. Unless the User submits a change request in the manner prescribed by the Association, the Association shall deem the currently registered contact information to be valid and shall consider notifications or communications sent to such contact information to have reached the User at the time of transmission.

Article 11 (Prohibition of Assignment of Rights and Obligations)

Users shall not assign or pledge their position under the usage contract or their rights or obligations under these Terms to any third party without prior written consent of the Association.

Article 12 (Governing Law and Jurisdiction)

1. The interpretation of these Terms shall be governed by the laws of Japan.
2. In the event of a dispute arising in relation to the Service, the court having jurisdiction over the location of the Association’s head office shall have exclusive agreed jurisdiction.

End of Terms