Terms of service
These Terms of Service (Hereinafter referred to as "Terms of Service".) stipulate the terms of use of the material site "Upp!"(Hereinafter referred to as "this service".) For images, illustrations, videos, music, etc. operated and provided by First United Corporation(Hereinafter referred to as "our company".). By using this service, you agree to the terms of use.
Article 1 Application
- 1. The terms of use apply to anyone who accesses or uses this service.(Not limited to those who have registered as a member.) (Hereinafter referred to as "user".)
- 2. The content license agreement and content provision agreement shall be applied to the use of this service together with the terms of use.
- 3. 3. If the terms of use conflict with the individual provisions, the individual provisions shall prevail unless otherwise specified in the individual provisions.
- 1. All materials on this service, such as images, illustrations, videos, and music, belong to the Company or the right holder of the materials, and they cannot be used without permission without obtaining appropriate permission.
- 2. Unless you conclude a content license agreement with us, you may not download, copy, or otherwise use our materials. However, if the license conditions for materials such as free materials are specified separately, we will comply with them. Use other than the license conditions will be a violation of the terms of use and copyright infringement, and will be subject to injunction, penalty or claim for damages.
- 3. If the person who intends to become a member of this service is a minor, this service cannot be used.
- 1. By registering as a member of this service, users can purchase the right to use content such as images, illustrations, videos, and music provided by this service (hereinafter referred to as "content"). Hereinafter, the user who has registered as a member is referred to as a "member", and the purchase of the right to use such content is referred to as "purchase of content".
- 2. In this service, members can upload content that holds copyrights and other rights and sell the right to use the content by registering as a sales member. Hereinafter, the member who has registered as a sales member is referred to as a "sales member", and the sale of the right to use such contents is referred to as "sale of contents".
- 3. We can decide at our discretion how to sell the content (including the sales destination, price, license details), how to calculate the sales fee, and the amount thereof.
- 4. We may change, suspend or discontinue the contents of this service without any responsibility to the user if we deem it reasonably necessary.
- 5. If we deem it reasonably necessary, we do not require prior notice or consent to the user, and without any liability to the user, the content provided by the user and the information accompanying it. Can be deleted or changed.
- 6. The Company may change the contents of the Terms of Use, Content License Agreement, and Content Provision Agreement (hereinafter collectively referred to as "Terms of Service, etc.") if the Company deems it reasonably necessary. increase. When the Company changes the terms of use, etc., the Company shall notify the user in advance of the effective date and details of the change. If the user uses this service after the effective date, it is considered that he / she has agreed to the latest terms of use.
- 7. The user is responsible for all communication costs incurred when using this service, such as sending and receiving e-mails by information and communication devices including mobile phones, browsing the site, and other necessary communication costs.
- 8. The Company cannot guarantee the accuracy and completeness of the content, accompanying tag notation, title or information (including the display of copyright, portrait right, publicity right and other property rights related to the content) on this service. When providing content and information on this service, and when purchasing and using content on this service, users, members, and sales members shall all comply with the terms of use, etc., and do so at their own risk. increase.
- 1. When using this service, the user must not perform the following acts.
- (1) Acts that infringe intellectual property rights such as copyrights of the Company or any third party, portrait rights, privacy rights, honors, other rights or interests (unauthorized use of content on this service, and third (Including the provision of content for which the person has the right)
- (2) Entering false or incorrect information in this service
- (3) Interfering with the operation of this service due to illegal or annoying acts via the Internet such as computer viruses and reverse engineering.
- (4) Enter false information when registering as a member or logging in, and use this service without authority or by impersonating another person.
- (5) Performing annoying acts such as slander, harassment, harassment, and intimidation against the Company and any third party.
- (6) To advertise, solicit, sell, or otherwise contact other members, etc. beyond the scope of the products or services provided in this service.
- (7) Acts that are offensive to public order and morals, criminal acts, and illegal acts
- (8) Other acts that the Company deems inappropriate
- 1. To use this service, the user is required to register as a member after agreeing to the terms of use.
- 2. The Company may refuse or cancel the registration if the user who applied for or completed the membership registration falls under any of the following reasons in addition to the provisions of the Terms of Use, and the Company may cancel the registration. We do not take any responsibility. In addition, we are not obliged to explain the reason for the refusal / cancellation to the user, and the user cannot object to this.
- (1) When the Company determines that it violates or may violate the terms of use, etc.
- (2) When there is a false statement, clerical error, or omission in all or part of the information provided to us.
- (3) If the member registration has been canceled in the past
- (4) If you are a minor
- (5) In addition to the gangsters, designated gangsters, designated gangster associations, and gangsters defined in Article 2 of the Act on Prevention of Unjust Acts by Boryokudan Members, gangster-related companies, associate members of gangsters, general assembly houses or social movements Anti-society, such as being a political movement, etc., or a person equivalent thereto (hereinafter referred to as "anti-social forces"), or cooperating or participating in the maintenance, operation, or management of anti-social forces through funding or other means. When we determine that we are engaged in some kind of interaction or involvement with a target force
- (6) In addition, when we judge that registration is not appropriate
- 3. The member shall transfer, lend, change the name, provide collateral, or provide other third parties with respect to the registration ID and password, status as a member, rights or obligations based on the terms of use, etc., and the right to receive the provision of this service. I can not do it.
- 4. If we confirm that the registration ID and password match, we will determine that the registered member has used this service.
- 5. The Company shall not be liable for any damage caused to the user due to the use of the registration ID or password by a third party, regardless of the user's negligence.
- 6. Members shall promptly notify the Company when there is a change in the contents notified to the Company such as e-mail address, address, telephone number, etc. Members shall always register contact information that they can contact, and shall promptly respond to inquiries from the Company.
- 7. The Company shall not be liable for any disadvantage caused to the member by neglecting to notify the changes in the preceding paragraph.
- 8. The Company permits the organization to which the member belongs (hereinafter referred to as the "affiliated organization") to use the content only within the scope specified in the terms of use and the content license agreement. In that case, the member shall notify the name of the organization to which he / she belongs at the time of membership registration by the method specified by the Company.
- 9. If the member who notified the organization to which he / she belongs leaves the organization to which he / she belongs due to reasons such as retirement or transfer, the member himself / herself will be deemed to have withdrawn from this service. After that, the member will not be able to use the account registered with the organization to which he belongs and the content purchased up to that point. However, this does not apply if the Company gives other consent.
- 10. In the case of the preceding paragraph, the Company may, at the will of the organization to which it belongs, allow another person who belongs to the same organization to take over the account of the member who left. However, if the member has registered as a creator and registered the content, the Company may refuse the offer of the organization to which the member belongs due to the copyright attribution of the content.
- 11. The Company shall not be liable for any disadvantage caused to the members due to the provisions of Paragraphs 9 and 10 of this Article.
- 12. Regarding Paragraph 10 of this Article, if it is discovered that the account inherited due to the withdrawal of a member has not paid the price, violated the terms of use, etc. We will respond responsibly in accordance with the above.
- We shall handle personal information appropriately based on our privacy policy, and the user agrees that personal information will be handled based on our privacy policy. In addition, the handling of specific personal information shall be based on our basic policy regarding the appropriate handling of specific personal information, etc., and the user agrees to this.
- 1. If the user violates any provisions such as terms of use, including unauthorized use and unpaid purchase price, we will charge a penalty separately determined by us, suspend the use of content, suspend the use of the service, forcibly withdraw, You can take measures such as claiming damages (including reasonable attorney's fees).
- 2. The Company is not liable for any legal claims or liability with a third party that arises in connection with the violation of the Terms of Use, including unauthorized use by the user, and the user who violates the Terms of Use, etc. is self-employed. We handle this at our own risk and guarantee that it will not cause any inconvenience or damage to us.
- 3. If the legal claim set forth in the preceding paragraph is made against us and we suffer any damage, the user will compensate for all costs incurred by us, including reasonable attorney's fees.
- 4. When a user violates the terms of use, etc. and the Company deems it necessary, the Company shall be able to disclose the contact information of the relevant user and other information that the Company has regarding the user to a third party related to the violation. increase.
- 5. If we receive a report of a violation of the Terms of Use, etc. regarding the content or its intended use, we will endeavor to take the best measures within a reasonable range to correct the violation, and we will take action at our discretion. Can be determined.
- 1. We guarantee that the content in this service is guaranteed by the content provider that it does not infringe the rights of other third parties regarding copyright, portrait rights and other rights.
- 2. We do not guarantee the accuracy, completeness, or up-to-dateness of the information that accompanies the content.
- 3. Except for the guarantee by the Company described in Paragraph 1 of this Article, all materials such as this service and accompanying information including contents and notations on this service are provided as is, and the Company is marketable. Or, we do not guarantee that it meets a specific purpose, meets the needs of the user, or that there is no nonconformity with the contract. All users agree to use this service and the materials on this service at their own risk after confirmation by themselves.
- 4. We are not liable for any computer system failure, misrepresentation, or damage caused by the environment such as a computer.
- 5. The Company is not liable for any loss or damage related to any data such as content and accompanying information. You shall create and maintain a backup of such data yourself.
- 6. We do not guarantee that this service, content and e-mails sent from this service are not infected with viruses or other harmful elements.
- 7. In any case, the Company may cause the terms of use, this service, the rights granted under the contents of this service, trust, access, or use, non-use, delay, etc. with a third party. We are not responsible for any disputes that occur between them and any damages related to them. Notwithstanding the above, in any case, the total amount of liability of the Company shall not exceed the limit set as the compensation amount in the content license agreement or the limit set in the content provision contract. However, if the user violates the terms of use, etc., or if the content is processed by the user, the Company shall not be liable for any damages.
- 8. This service may provide services in cooperation with external services, but the user shall use the external service at his / her own risk, and the Company shall incur damage to the user in connection with the use of the external service. We do not take any responsibility for. When using the external service, the user shall comply with the terms and conditions of use of the external service.
- 9. Even if any provision of the Terms of Use, etc., or a part thereof is determined to be invalid or unenforceable, the remaining part of the Terms of Use, etc. will continue to be effective.
- 1. Members can terminate the use of this service at any time by taking the withdrawal procedure according to the terms of use and the method separately determined by the Company. However, if there is an unpaid purchase price, the member cannot withdraw until the payment is completed. In addition, due to the system of this service, it may take some time from the completion of the withdrawal application by the member until the procedure is reflected on the system, and the member agrees to this.
- 2. Members will not be able to log in to their account and will not be able to use all functions when the withdrawal application is completed. At that point, the points held by the member will also become invalid.
- 3. If the member has registered as a creator member, the content being sold will continue to be posted and sold for 30 days from the date of application for withdrawal. Content that has not been reviewed will be deleted within 24 hours after the application for withdrawal. If there is content for sale, you can apply for exchange of earned credits held by creator members for 60 days from the date of application for withdrawal. If you do not apply for exchange within 60 days, the credits earned by the member will be invalidated. If there is no content for sale, you will not be able to log in to your account at the time of withdrawal application, and you will not be able to use all functions. If the balance of earned credits does not reach the minimum standard amount stipulated in the content provision contract at the end of the posting / sales period after withdrawal, the balance will be invalid.
- 4. If the member falls under any of the following reasons, or if the company determines that there is a risk of it, the company will not notify or notify the member in advance and without obtaining the consent of the member. At the discretion of, you can immediately take the withdrawal procedure of the member. The Company is not obligated to disclose the reason for withdrawal to members.
- (1) When the matters stipulated in Article 4, Paragraph 2 of the Terms of Use are applicable or may be applicable in our reasonable judgment.
- (2) If you have not logged in to your account for more than a year
- (3) When a member leaves the organization to which he / she belongs in accordance with the provisions of Article 4, Paragraph 9 of the Terms of Use.
- (4) In addition, when the Company determines that it is inappropriate as a member
- 5. If a member falls under any of the preceding paragraphs and is withdrawn, all licenses, etc. granted to that member shall be invalidated. If a member falls under any of the preceding paragraphs and the Company suffers any damage, the member shall compensate the Company for the full amount of the damage (including reasonable attorney's fees).
- 6. If any of the reasons for withdrawal from the membership in Paragraph 4 of this Article applies and the withdrawal is from a sales member, in addition to the provisions of the preceding paragraph, the Company may confiscate the points earned by the sales member. increase.
- 7. By withdrawing from the membership stipulated in this article, the contracts concluded between the member and the Company (including the terms of use, content license agreement and content provision contract, and contracts and terms concluded between the Company and the user) are canceled. The member shall lose all rights to use this service. In addition, all points held by the member will expire.
- 8. If a member withdraws, we will not refund any fees already received by us.
- 9. Even if the member withdraws, the member registration information, contents and related information collected by the Company during the period of using this service may be retained for the period specified by the Company and used for the provision of this service.
- 10. Except for cases that fall under the reason for withdrawal in Paragraph 4 of this Article, content that has been duly granted a license based on the content license agreement and started to be used during the period of using this service will be applicable even after the member withdraws. You can continue this as long as the use does not violate the terms of use.
- 11. The sales member cannot request the suspension or injunction of the already purchased content even after the withdrawal or deletion procedure of the content.
- 1. The Company may suspend or discontinue the operation of this service without notifying or notifying the members in advance in the event of the following reasons. The Company shall not be liable for any damages caused to the user due to the interruption or discontinuation of this service due to these reasons.
- (1) When maintenance of equipment for this service, etc. is performed regularly or urgently
- (2) In case of failure of this service equipment
- (3) Due to natural disasters such as earthquakes, eruptions, floods and tsunamis, wars, turmoil, riots, mayhem, labor disputes, fires, power outages, and other unforeseen incidents and accidents, we are unable to provide this service. case
- (4) In addition, when the Company determines that it is necessary to suspend or cancel this service due to operational or technical reasons.
- 1. We will contact or notify the user by posting on this service or by e-mail. In addition, the notification from our company to the user shall take effect at the time specified in each of the following items.
- (1) Posting on this service: When posted by our company
- (2) E-mail: When we send to the member's registered e-mail address
- When the Company transfers the business related to this service to another company, the status under the terms of use, rights and obligations based on the terms of use, information of members and creator members and other customer information will be transferred in connection with the transfer of the business. It shall be possible to transfer to the transferee of the transfer, and the members and creator members shall agree in advance in this section with respect to such transfer. The business transfer specified in this section shall include not only ordinary business transfer but also company splits and all other cases where business is transferred.
- Members, the Company, and third parties shall discuss in good faith and resolve any doubts, disputes, or problems that arise with these persons in connection with this service.
- 1. The governing law for legal issues related to this service shall be Japanese law. However, the application of the United Nations Convention on Contracts for the International Sale of Goods shall be excluded.
- 2. The Osaka District Court shall be the exclusive agreement jurisdictional court of the first instance for proceedings in which doubts, disputes, and problems are not resolved by the discussion of Article 12 of the Terms of Use.
Article 2 About the use of this service
Article 3 Contents of this service
Article 3 Prohibitions when using this service
Article 4 Membership registration
Article 5 Personal Information Regulations
Article 6 Measures in case of violation of the rules
Article 7 Disclaimer
Article 8 Measures at the time of withdrawal
Article 9 Service interruption / cancellation
Article 10 Contact / Notification
Article 11 Business transfer, etc.
Article 12 consultation
Article 13 Governing law, court of jurisdiction
That's all