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Terms of Use(Customer who lives OUT)

These Terms of Use (these “Terms”) shall be applicable to any and all matters relating to the use of WEL-KIDS PHOTO (the "Service”) provided by Celestial Navigations Pte Ltd. (the “Company”). In all countries except JAPAN, the Company will be the party providing the Service. If you do not consent to these Terms, you are required to stop accessing the Service and shall not use the Service.

Article 1 (Definitions)

  1. “Users” shall mean persons or legal entities who access, post to, or otherwise use the Service.

  2. “Members” shall mean, within the Users, persons and legal entities who have obtained accounts.

  3. “Accounts” shall mean IDs and passwords that Users apply for and obtain in accordance with the procedures prescribed in the Service in order to use the specific functions of the Service.

  4. “Member’s Information” shall mean information registered by Members when using the Service, such as personal information and family structures.

Article 2 (Account)

  1. Members shall be solely responsible for the use and management of their Accounts.

  2. Members shall be solely responsible for all acts and results thereof that have been made with the Service using their Accounts, irrespective of whether made by the Member or any other person.

  3. The Company shall not undertake any responsibility whatsoever to Users, including Members or third parties, for direct or indirect damage arising out of any acts set forth in the preceding paragraph.

  4. The Account may only be used by the Member who has applied for and acquired such Account. The acquired Account may not be disclosed on the Internet or otherwise made available for third parties to see, or be transferred, lent, sold, have its name changed, pledged, etc.

  5. In the case of any change in a Member’s Information, such as his/her name, e-mail address, residence, etc., such Member must promptly take the procedures instructed in the Service on the Internet by themselves. If the Company determines that the Member’s Information is not true or accurate, the Company will be able to delete such Member’s Account and deny the use of the Service.

  6. The Company shall not be liable for any damage incurred by Users, including Members or third parties, whether directly or indirectly caused by the Account being registered.

  7. The Account shall be effective for one (1) year from the registration; and shall be automatically renewed for another one (1) year period upon completion of the term, and the same shall apply thereafter.

  8. If the Company determines that a Member falls under any of the following items, the Company may temporarily suspend the provision of the Service or revoke the Member’s Account without notice or demand to the Member:

    • 1)if a Member makes a false declaration when applying for membership;
    • 2)if a Member commits any illicit use such as making his/her Account public;
    • 3)if a Member commits an act that falls under any of the acts set forth in Article 9 (Prohibited Acts);
    • 4)if a Member is a minor, adult ward, or person under curatorship or assistance, and approval has not been obtained from such Member’s legal representative, guardian, curator or assistant;
    • 5)if a Member is determined by the Company to (i) constitute an organized crime group or a member thereof, a rightist organization, anti-social force, or other similar person or entity (“Anti-Social Force”), (ii) have any interaction or involvement with any Anti-Social Force, or (iii) assist or be involved in the maintenance, operation or management of an Anti-Social Force by way of finance or other means;
    • 6)if a Member is determined to have been in violation of any agreements with the Company, or to have involvement with a defaulting party of any such agreements; or
    • 7)in addition to the foregoing, if the Company deems the registration inappropriate.
  9. If a Member forgets or loses his/her ID or password constituting the Member’s Account, the Member may notify the Company of the necessary items in accordance with the instructions made in the Service on the Internet. The Company shall re-inform or reissue an Account if the Company deems such re-informing or reissuing to be appropriate based on its judgment made by taking into consideration the information and circumstances reported by the Member.

  10. When withdrawing from his/her membership, a Member shall complete, by himself/herself, the procedures for withdrawal in accordance with the instructions given in the Service on the Internet; provided, however, that Members shall acknowledge that, before such procedures are reflected in the system, a certain time as prescribed by the Company may be required after a Member completes the procedures for withdrawal, due to reasons of the system for the Services.

  11. Upon withdrawal from membership, the Member will not be able to use any of the Services, including any and all ancillary services.

  12. Upon withdrawal from membership, the Company will dispose of any information which can identify a Member, except for settlement information; provided, however, that the information shall be promptly deleted in accordance with the Company’s discretion after completion of the withdrawal procedure and thereafter, the Member shall not be the subject of sending information with respect to the Terms, Account, contents of Services or otherwise.

Article 3 (Adopting Body)

  1. The Company shall provide a certain exclusive function in the Service for corporations or unincorporated associations that endorse the intentions of the Service and separately enter into an agreement with the Company (each, an “Adopting Body”).

  2. The Company may issue or revoke, at its discretion, an “Account,” as set forth in Article 2, based on information provided by an Adopting Body.

  3. An Adopting Body may distribute the Account issued under the preceding paragraph to any person as selected by the Adopting Body; provided, however, that before an Account is distributed, the Adopting Body shall cause the person to whom distribution will be made to agree to these Terms.

  4. If a dispute arises with any party due to an Adopting Body having distributed an Account without obtaining consent to these Terms, the Adopting Body shall settle any such dispute under its own responsibility.

  5. If an issue arises with any individual who uses an Account issued under paragraph 3, the Adopting Body shall settle such issue under its own responsibility. In addition, any individual who uses an Account issued under paragraph 3 shall claim, institute a lawsuit or take any and all actions against an Adopting Body in regard to the Service, and shall not claim, institute a lawsuit or take any and all actions against the Company.

  6. The Company shall not be liable for any dispute which occurs under the preceding two (2) paragraphs.

Article 4 (Member Information)

  1. The Company will be entitled to notify the information provided by the Members to the Adopting Body as well as the Member designated by the Adopting Body in any of the following cases:

    • 1)if a Member directly acquainted with the Adopting Body, and having a separate existing agreement with the Adopting Body, receives an Account pursuant to Article 3.3 above and systematically associates with the Adopting Body by designating the Adopting Body on the Service; or
    • 2)if a third party invited by using the procedures prescribed by the Service by the Member falling under the preceding item systematically associates with the Adopting Body by designating the Adopting Body on the Service.
  2. The preceding paragraph shall be void when either the Member or the Adopting Body deletes the systematic association with each other on the Service.

Article 5 (Information and Content)

  1. Any and all intellectual property rights related to the Company’s website and the Services are expressly reserved by the Company or the Company’s licensors. Nothing contained herein shall be construed as granting the User a license of the intellectual property rights owned by the Company or the Company’s licensor.

  2. A User, including a Member, shall be solely responsible for any and all information and content written, posted, disclosed, provided, delivered, transmitted, distributed, or sold (“Post, etc.”) by such User, including such Member, using the Service as a form of media, such as software, music, sound, pictures, plans, drawings, maps, photographs, images, games, animation, videos, information, databases, letter symbols, figures, text, commentaries, notations, expressions, rights, services, products, data, reviews, comments, and links (“Contents, etc.”); and the User hereby represents and warrants to the Company that it has lawful rights to Post, etc. the Contents, etc. and that the Contents, etc. do not infringe upon any third party’s rights. It is the User’s responsibility to take back-ups with respect to the Service, and the Company shall not be liable for preserving or managing the Contents, etc. Posted, etc. on the Service by the Users.

  3. Copyrights and other intellectual property rights in and to Contents, etc. that Users, including Members, Post, etc. to the Service (including all rights set forth in Articles 21 through 28 of the Copyright Act of Japan) shall belong to the Company free of charge. Furthermore, Users shall not exercise any moral rights of the author, portrait rights, or any other rights against the Company or any other person to whom the Company has licensed or transferred the above rights.

  4. The Company does not control or confirm the quality, content, effectiveness or legality of the Contents, etc. which have been Posted, etc. by Users, including Members, using the Service as a medium.

  5. The Company shall not undertake any responsibility whatsoever to Users, including Members, or third parties for direct or indirect damage arising out of Contents, etc. or the use of Contents, etc. which have been Posted, etc. using the Service as a form of media.

  6. If the Company finds any act falling under to Article 9 (Prohibited Acts), the Company may revoke the Account used for such act, and delete the information related to the act without any notification or demand whatsoever.

Article 6 (Formation of Sales Contract)

  1. A sales contract for a product (including digital data, hereinafter the same shall apply) sold in the Service shall come into effect when a Member clicks on the “Place Your Order” button on the “Order Confirmation” page in accordance with the procedures prescribed in the Service. In consideration for the products provided in the Services hereunder, a Member shall pay to the Company such fees as may be prescribed by the Company and indicated on the Company website, pursuant to the payment method as designated by the Company.

  2. After the formation of a sales contract under the preceding paragraph, a Member shall pay the consideration by the due date prescribed by the Company (the “Due Date”), and if the Member fails to complete payment of the price by the Due Date, the sales contract shall lose effect.

  3. Unless the Company has prescribed otherwise with respect to the cancellation of contracts, a Member is not entitled to cancel a sales contract after the payment of the consideration is completed under this paragraph. If the Member fails to pay the above fees when due and payable, he/she shall be obligated to pay a default penalty at either the rate of 14.6% per annum or the maximum rate permissible under applicable law, whichever is less.

Article 7 (Delivery of Products)

  1. When payment of the consideration is completed in accordance with paragraph 2 of Article 6, the Company shall deliver the product to the place designated by the Member, and the delivery shall be deemed completed when the product is delivered by a delivery company and received at such place (or when a delivery company drops such product into the post box, in the case of a mail service). If Member does not designate the place of delivery, the delivery shall be made to a place designated by the Adopting Body.

  2. Regarding the delivery of products under paragraph 1 of this Article, if the product in question is digital data of a photograph, the delivery shall be deemed completed when the Company transmits, to the e-mail address of the Member, an e-mail containing the URL of the Web page on which the digital data may be downloaded, and a password.

Article 8 (Return and Exchange)

  1. If products are spoiled, defective, or delivered in error (including cases where the e-mail under paragraph 2 of the preceding Article fails to be received if the products are digital data), the Member shall notify the support center prescribed in the Service on matters such as the number of items to be returned or exchanged, and the condition of the products within eight (8) days after the delivery of the products (or the scheduled delivery date, if the products are digital data).

  2. Except as set forth in the preceding paragraph, Members shall not be entitled to the cancellation of the sales contracts or the return or exchange of the products unless there are justifiable grounds.

Article 9 (Prohibited Acts)

  1. Company prohibits Users, including Members, from committing the following acts in relation to Company or any other Users, including Members, or to any third parties:

    • 1)an act which may obstruct the operation of the Service;
    • 2)an act of use that is offensive to the public order and morals or against the laws and regulations, or an act which may lead to a criminal act;
    • 3)an act in violation of copyrights, portrait rights, intellectual property rights, privacy rights, prestige rights or any other rights or advantages of the Company, or any other Member of the Service or any third party;
    • 4)an act of libel or slander against any other Member or third party;
    • 5)an act of damaging the credit of the Service;
    • 6)an act in violation of these Terms or any other rules (including requests) separately prescribed in the Service;
    • 7)an act of purchasing a product for any purpose other than for such User to enjoy the product for himself/herself and family members, or purchasing a product for commercial purposes;
    • 8)an act of digitally processing a purchased product or converting it into digital data, or transmitting it to any other person, or using a purchased product secondarily for commercial purposes;
    • 9)acts that defraud or threaten the Company, other Users or other third parties;
    • 10)an act of transmitting to other Users, through the Services, any of the following or any transmissions that the Company decides falls under any of the following:
      • excessively violent or cruel content;
      • computer viruses or other hazardous computer programs;
      • content that damages the reputation or credit of the Company, other Members or other third parties;
      • excessively indecent content;
      • content that encourages discrimination;
      • content that encourages suicide or self-mutilation;
      • content that encourages drug abuse;
      • anti-social content;
      • content for the purpose of disseminating information, such as chain mails; or
      • content that causes uncomfortable feelings to third parties;
    • 11)an act that places an excessive burden on the network or system for the Services;
    • 12)an act of accessing or attempting to improperly access the system or network of the Services;
    • 13)an act of impersonating a third party;
    • 14)an act of using the user ID or password of other users of the Services;
    • 15)an act of exploitation, advertisement, solicitation or marketing without the Company’s prior consent;
    • 16)an act of collecting information of other Users of the Services;
    • 17)an act of providing Anti-Social Forces with profits or benefits;
    • 18)an act that, directly or indirectly, evokes or facilitates any of the acts listed in the preceding items; or
    • 19)any other act which the Company deems inappropriate as a Member.

Article 10 (Waiver of Warranties and Disclaimer)

  1. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION OR WARRANTY OF FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE CONTEMPLATED BY THE USER, THAT THE SERVICES HAVE EXPECTED FUNCTIONS, COMMERCIAL VALUE, ACCURACY, OR USEFULNESS, THAT THE USE BY THE USERS COMPLIES WITH THE LAWS OR REGULATIONS APPLICABLE TO THE USERS OR ANY INTERNAL RULES ESTABLISHED BY INDUSTRIAL ORGANIZATIONS, AND THAT THE SERVICES WILL BE FREE OF INTERRUPTIONS OR DEFECTS.

  2. Under no circumstances shall the Company be liable for any damages incurred by the User arising out of discontinuance, suspension, termination, unavailability, or modification by the Company of the Services, cancellation or loss of Contents, etc. Posted, etc. on the Service, deletion of a Member’s registration, loss of registered Contents or failure of or damage to equipment through the use of the Services, or otherwise in connection with the Services (“User Damages”).

  3. The Company may notify or contact Users, including Members, and third parties using e-mail or the postal service, if the Company deems it necessary. When the Company notifies or contacts a User, including a Member, or third party using e-mail or the postal service, the Company shall transmit or send such message to the e-mail address or address registered or designated in advance. In such case, the Company shall not undertake any responsibility whatsoever for any damage arising out of any delay or failure in the arrival of such notice or communication sent by the Company.

  4. The Company shall not undertake any responsibility whatsoever for damage incurred by Users in relation to User Damages except when it is clear that the damage has been caused by an intentional or grossly negligent act of the Company. Even if the Company undertakes any responsibility, it shall be within the scope of direct and usual damage. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, FUTURE DAMAGES AND LOST PROFITS. THE COMPANY SHALL NOT BE LIABLE FOR ANY AMOUNT EXCEEDING THE CONSIDERATION PAID BY MEMBER TO THE COMPANY FOR THE IMMEDIATELY PREVIOUS TWELVE (12) MONTHS IN RELATION TO DAMAGE INCURRED BY THE MEMBER THAT ARE ATTRIBUTABLE TO THE COMPANY FOR ANY REASON WHATSOEVER.

  5. The Company shall not, in any way, be liable for transactions, communications or disputes between the Member and other Users or a third party in connection with the Service or the Company’s website.

Article 11 (Modification and Termination of Service)

  1. The Company shall be entitled to modify the Service in whole or in part without giving any advance notice to Users, including Members.

  2. The Company shall not undertake any responsibility whatsoever to any Users, including Members, or any third parties for direct or indirect damage arising out of modification of the Service.

  3. If it becomes difficult or impossible to provide all or part of the Service provided by the Company, the Company may, at its own discretion, temporarily suspend or terminate all or part of the Service without giving any advance notice.

  4. The Company may also, at its own discretion, temporarily suspend or terminate all or part of the Service without giving any advance notice if the Service undergoes regular or emergency maintenance, inspection, or improvements, or if the Service is unable to be provided due to system failure, or if the Company finds it necessary for other reasons.

  5. The Company shall not, under any circumstances, undertake any responsibility whatsoever to any User, including Member, or third party for direct or indirect damage arising out of any temporary suspension or termination of the Service.

Article 12 (Revision of Terms)

  1. The Company may change or revise these Terms at its own discretion without giving Users, including Members, any advance notice.

  2. Users, including Members, shall not express disapproval or ignorance of any change or revision to these Terms.

  3. If a User does not consent to these Terms, such User shall stop accessing the Service and shall no longer use the Service.

Article 13 (Protection of Personal Information)

  1. The Service shall be subject to the Privacy Policy of the Service. By using the Service, the User shall be deemed to have also given consent to the Privacy Policy.

Article 14 (Questionnaires)

  1. The Company may ask Members to participate in answering questionnaires for certain purposes, including, without limitation, the purpose of knowing the User’s comments and making requests for improving the design and operability of the Company’s website, to enhance the contents of the website and the Service.

  2. The Company may conduct questionnaires via the Company’s website and/or e-mails, etc. to those Members who have requested to participate in questionnaires.

  3. In order to continue improving the products and services of the Service, the Company may use information regarding Users or traffic recorded in log files and user databases held by the Services. Results of the questionnaires may be shared among partners of the Service or parties who may be partners in the future with respect to the Service, as well as being shared among Members and advertisers as statistical data; provided, however, that information which may identify an individual will not be disclosed.

Article 15 (General)

  1. Should a lawsuit become necessary in relation to these Terms, the parties submit to the exclusive jurisdiction of the Tokyo District Court of Japan.

  2. These Terms shall be governed by and construed under the laws of Japan. Even if any sales of goods occur with respect to the Services, the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

  3. These Terms shall be written both in Japanese and English language. In case of error or disagreement, Japanese language version shall prevail.

Article 16 (Cancellation of Registration)

  1. The Company may, without prior notice or demand, temporarily suspend the User’s use of the Services, cancel the User’s registration or terminate these Terms, in the event of any of the following:

    • 1)The User failing to comply with any of provisions hereof;
    • 2)Any of the registration information being found to be false;
    • 3)The e-mail address registered not functioning;
    • 4)The User impersonating a third party in registering;
    • 5)The User conducting any of the prohibited acts under Article 9;
    • 6)The User undergoing suspension of payments or becoming insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure being filed against the User; or
    • 7)In addition to the foregoing, the Company determining that it is not inappropriate for the User to use the Services or maintain its registration as a Member, or to have these Terms remain in effect.
  2. If one or more of the events specified above occur, all amounts owed to the Company by such User shall be automatically accelerated, and the User shall immediately pay such amounts to the Company in full.

  3. The Company shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Company pursuant to this Article.

Article 17 (Confidentiality)

  1. The Member shall keep confidential any and all non-public information disclosed by the Company to such Member for which the Company has imposed a confidentiality obligation on the Member in connection with the Services, unless the Member has obtained prior written approval from the Company.

Article18 (Assignment)

  1. The User shall not assign, transfer, grant security interests in or otherwise dispose of his/her status under these Terms or his/her rights or obligations under these Terms without the prior written consent of the Company.

  2. In cases where the Company has assigned the business regarding the Services to a third party, the Company may, as part of such assignment, assign to such third party its status under these Terms, its rights and obligations under these Terms, and the registration information and other information relating to the User, and the User hereby agrees to such assignment in advance. For the purposes of this paragraph, the business assignment referred to above shall include, in addition to the usual form of business assignment, a split of the Company or any other form of restructuring of the Company that would result in a business transfer.

Article 19 (Severability)

  1. If any provision of these Terms or any part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or any other laws or regulations, the remaining provisions hereof shall remain in full force and effect.

Enacted on April 3, 2017
Revised on June 3, 2017