This image sales agreement (hereinafter referred to as "this Agreement") is a service applied to users of MIROOM (hereinafter "this service") provided by MICOLY, Inc. It is a contract for. Please carefully read these and agree before using this service. The definitions of the terms of this Agreement shall be in accordance with the terms of the Terms and Conditions unless otherwise stated in these Terms. In addition, if you violate these Terms, each provision of the Terms of Service shall be applied assuming that it violates the Terms of Service. In this Terms of Service, we define terms as follows.
Article 1 (Use of Service)
- All image materials are attributable to the Company or the owner of the material concerned, and are protected under the intellectual property rights law including the copyright law. It is forbidden under the law to use these without permission without obtaining proper permission.
- In this service, users can purchase the right to use contents (such as photos) provided by this service (hereinafter referred to as "contents"). Purchasing of usage rights for such content is referred to as "content purchase" below.
- We can decide how to sell content (including sales place, price, license details), calculation method of sales fee, amount of money etc. at our discretion. However, if there is a provision in a separate agreement etc., the provision of the contract etc will be given priority.
- We can change, suspend or abolish the contents of this service without requiring advance notice, consent to the user, and without taking any responsibility to the user.
- If we deem it necessary, we will not require advance notice, consent to the user, and without taking any responsibility to the user, the content provided by the user and the accompanying information You can delete or change it.
- The user himself will pay for all of the communication fee necessary for sending / receiving e-mails, browsing the site, etc. by information communication equipment etc. including the mobile phone which occurs when using this service.
- We will ensure the accuracy and completeness of the content on the Service, accompanying tag notation, title or information (including the copyright, portrait right, publicity right and other property rights relating to the content) You can not. In the case of providing content and information on this service, and when purchasing and using the contents on this service, the user shall comply with these Terms and shall do so at their own risk.
Article 2（Purchasing Images）
On this service, all contents are sold in the form that the purchaser pays for the purchase price and downloads, so that a royalty-free (RF) license for the contents is granted to the purchaser.
In RF license, in using any of the following processing in the use of contents, and subject to compliance with this agreement, regardless of whether it is private or commercial use, what kind of use separately determined by us is what Even with the content, you can use the content without limitation of the period.
- Make the content resolution suitable for the intended use.
- Incorporate it into the design so that a third party can not download only the contents, or put the letters on the contents, apply simple synthesis etc.
- Use under obscene or contrary to public order and morals
- Use as a part of trademarks, service marks, logos, etc., as well as use the contents as characteristic symbols of specific companies, individuals, organizations, activities, services, etc.
- Used in sociable industries, pornography, adult content, dating sites and others that conform to them
- In addition to organized crime groups, designated organized crime groups, designated organized crime group association, organized crime group members, organized crime group enterprises, semi-constituent members of gangsters, general meeters, or social movement as defined by Article 2 of the Act on Prevention of Unjust Acts by Boryokudan Used in connection with political campaigns or other similar persons (hereinafter referred to as "antisocial forces")
- Use due to creators or subjects' loss of honor, credit disapproval, slander slander, infringement of rights, other disadvantages that creators or subjects are unpopular, such as those resulting from processing or deformation of contents or subjects Including, but not limited to)
- Use the content in a business or service that competes with us, including the following examples without separately obtaining appropriate permission from us
- Administration of stock photo site
- Installing and distributing content in "material collection" of CD, DVD, software, etc.
- Print the content and distribute it as material
- Distributing content in a form that allows free processing as a material to end users
- The user publishes / announces the content as his work, other theft or plagiarism of the content, or such a fearful use
- Actions of reselling, transferring, or sublicensing downloaded content material itself, regardless of charge or free of charge
- Impressions such as using a balloon or the like or associating false age, name or other profile with the subject, etc., not as an image image, but as a subject using a specific sales, product or service etc. Give Usage
- Use with regard to subject matter requiring the following caution (unless content clearly describes the subject matter) 【Subject matter requiring attention】Physical and mental disorders or diseases, drugs, tobacco, energy medicine, violence (DV, abuse, bullying, etc.), infertility / contraception / abortion, sex change, homosexuality, gambling / gambling, consumer finance, cosmetic surgery / Subjects that seem to be unpleasant about subjects, information dealing materials, others
- Use imparting impression that the subject belongs to a specific religion / political party (politics), idea (group), etc. - pros and cons.
- Use that emphasizes the physical features of the subject, which results in discomfort for the subject as a result
- Acts of using content or subjects in falsehood, misidentification, fraud, slander, or other illegal content or context
- Use or disclose images on thumbnails or images for comps for purposes other than checking the layout and composition by the purchaser
- Others, in conformity with each of the preceding items, or use that we deem inappropriate
Article 3（Providing Content）
- Purchaser etc. will allow you to process content freely. In addition, we will not exercise the author's moral rights.
- The content uploaded to this service is that the corresponding content provider produced and fully owns its copyright or has obtained the right to appropriately license in writing from the rightful right holder, We assure that you have legitimate rights to license the Company, the purchaser, our customers and the users of the contents described in.
Article 4（Content Price）
- The selling price of the content will be the prescribed amount specified by the Company for each content.
- As for the selling price, we can make changes as necessary at our discretion. Even if there was someone who purchased the same content in the past when the selling price was changed, we will not refund or collect the difference concerning the change amount.
Article 5（Extension of Royalty-free License）
- When using the content for the purposes specified by each of the following items, the user must exceed the standard permission range, pay additional fee separately and extend the license (hereinafter referred to as "extension").
- A case where the total number of copies, deliveries, and downloads of deliverables using content is over 300 thousands for the intended use separately specified by the Company
- When we can not display the copyrighted display (credit display) specified by our company when using the content
- Sales of various templates
- Sales of specific products separately determined by us
- Once you extend for a piece of content, that buyer can use that content for any of the above applications without limitation on the number of times for that content.
Article 6（Measure to be Taken in the Event of Deletion of Content）
- When deletion of contents is carried out, it performs by the deletion procedure prescribed by our company. For content that has already been on sale, the content will be discontinued 30 days after the deletion procedure (as there is a possibility that there are buyers who are considering purchasing the content).
- Regarding already purchased content, even after deletion procedure, we will not ask you to stop or stop using it.
Article 7（Refund / Return）
- We will respond to returns of goods from purchasers in accordance with the "Return Policy" in the "Indication Based on the Law of Specified Commercial Transactions" published on the site.
Article 8（Method of Payment）
- Payment method shall be in accordance with Article 7 of the Terms of Service.
Article 9（Prohibited Matter）
- When using this service, in addition to the prohibited items stipulated in the usage agreement, the following matters are prohibited.
- Actions that users or purchasers use outside the scope of private use
- Acts of copying, selling, publishing, distributing and publishing content acquired through this service via other users or third parties other than other users, and acts similar thereto
Article 10（Violation of Terms）
- Users are not allowed to violate prohibited items stipulated in the Terms of Service and prohibited items, prohibited acts and warranties stipulated in this Agreement. In case of user violation, the user shall pay 100,000 yen as penalty per 1 material corresponding to the violation of the contract to the Company. However, if the amount of damage incurred by our company exceeds 100,000 yen, you can claim the excess.
- If we violate any provision of this agreement, including unauthorized use and unpaid of purchase price, we will request a penalty pursuant to this agreement, invalidation of use of the content, suspension of service, compulsory You can take measures such as withdrawal, claim for damages (including reasonable attorneys' fees) etc.
- We are not responsible for any legal claims or responsibilities with third parties arising in connection with violation of this Agreement, including unauthorized use by you, and any user who violates these Terms, We will handle this in our own responsibility and ensure that we do not incur any inconvenience or damage to our company.
- If the legal claim set forth in the preceding paragraph is made to the Company and the Company suffers any damage, the user will indemnify it for all expenses required by the Company, including reasonable attorney fees.
- We will be able to disclose the contact information of the relevant user to a third party related to the violation when we deem it necessary in case the user violates these terms.
- In the event that we have a report of violation of this Agreement concerning the content or its use, etc., we will endeavor to take the best measures within reasonable range for the remedy of such violation, You can decide what to do.
- Based on the guarantee that the content provided to users will not infringe the rights of other third parties with respect to copyrights, portrait rights or any other rights from the creator of the content, We guarantee that you have acquired the right to license to users under other license agreements.
- We do not guarantee the accuracy and completeness of tag notation, title or other information attached to the content on this service.
- We will not indemnify any damages even if the content is found copyright, portrait right, infringement of third party's right infringement, and the user suffered some damage directly due to the infringement of the right.
- We are not responsible for any loss or damage concerning any data such as contents and accompanying information submitted to our company including image / video data, text etc. The user shall create and maintain a backup of the data by himself / herself.
- In no event shall the Company be liable for any damages arising out of this Agreement, the Service, the Content on the Service, the rights granted under this Agreement, trust, access, or use, nonuse, delay, etc, We are not responsible for any conflict arising between you and any damage related thereto.
- Even if any provision of this Agreement, or any part thereof, is deemed invalid or unenforceable, the remainder of these Terms will continue to be in force.