Terms of Use
International Public Art Co., Ltd. (the “Company”) establishes the following terms of use (these “Terms of Use”). Users of the Service (“Users”) must review and accept these Terms of Use before using the Service.
1. Changes to These Terms
The Company may change these Terms of Use and any individual terms of use at any time, without prior consent of the User, whenever the Company deems it necessary. The amended Terms of Use and individual terms of use take effect when posted in an appropriate place on the website operated by the Company. By continuing to use the Service after such changes, the User is deemed to have given valid and irrevocable consent to the amended Terms of Use and any applicable individual terms of use. Changes to the terms will be announced on the website, and no individual notice will be given to Users.
2. Description of the Service
The Company provides corporations, organizations, individuals, and others with services such as photography, video shooting, and editing by photographers affiliated with the Company.
3. Equipment Required for Use
Use of the Service requires access to the web. The User shall, at the User’s own responsibility and expense, properly prepare and operate the equipment and software necessary to access the web, and the Company is not involved in any way in the User’s preparation or method of accessing the web.
4. Application for Use
Applications to use the Service shall be made by request via the website or e-mail after accepting these Terms of Use.
The contract for use of the Service is formed when the Company accepts the User’s application.
However, the Company may decline a contract in the following cases:
・Where the applicant defames a third party or acts contrary to public order and morals
・Where the applicant infringes or may infringe the copyright or other rights of others
・Where the application is found to be related to organized crime groups or other antisocial organizations
・Any other case the Company deems inappropriate
The Company shall not be obliged to disclose the reason for rejecting an application.
5. Fees
The fees for the Service shall be those presented by the Service.
Photography fees are calculated based on the time the Company’s photographer is engaged, from arrival at the shooting location until dismissal, as well as on direction and the extent of editing. Travel time and breaks during the shoot are included in the engaged time for fee calculation.
If the engaged time ends at or before the originally scheduled time, the quoted amount will be the amount invoiced.
If the photographer’s engaged time is extended, an extension fee will be charged. This does not guarantee that the photographer can extend on the day; extension may not be possible due to scheduling or other reasons.
6. Guaranteed Engagement Time of the Photographer
The photographer’s engaged time shall follow the scheduled engagement time at the time the quotation is finalized.
Whether the engaged time can be extended on the day of the shoot depends on the schedule of the assigned photographer and is therefore not guaranteed.
7. Payment of Service Fees
The Company will send invoices to the User by e-mail.
The User shall pay the Service fees by the specified due date to the bank account designated by the Company.
Unless otherwise specified, the payment due date shall be within one week from the invoice date. Bank transfer fees shall be borne by the User.
If the amount transferred does not match the amount invoiced, the Company will begin delivery after confirming payment of the full invoiced amount.
If the Company comes to consider the Service fees inappropriate due to changes in the prices of services or goods necessary for its operation and management, the Company may change the fees or content of the Service after posting a notice to that effect on its website.
8. Options
The Company provides various optional services. The Company may update the content and fees of options without prior notice to the User.
9. Delivery
Unless otherwise specified, after confirming receipt of payment from the User, the Company will deliver the relevant data approximately one week after the shooting date.
10. Deferred Payment
If the User wishes to change the payment flow to payment after delivery (deferred payment), the User must complete the prescribed procedures in advance, and the Company will notify the User whether deferred payment is accepted after its review. However, if the Company cannot confirm payment by the specified date, the User is prohibited from storing or using the delivered data in any way.
11. Cancellation Fees
If, after the photography contract is concluded, the User cancels use of the Service, the User shall pay a cancellation fee in accordance with the Company’s cancellation policy.
Cancellation fees also apply when a shoot is cancelled due to rain, cloudy weather, or similar conditions.
Cancellation fees for the Service are as posted on the Company’s website.
The Company will issue an invoice immediately after the User expresses the intention to cancel.
The User shall transfer the cancellation fee to the Company’s designated account within one week from the invoice date.
In the case of cancellation for the customer’s own reasons, the following cancellation fees (as a percentage of the budget) apply:
On the day or the day before: 100% / 2 days before: 80% / 3 days before: 70% / 4–7 days before: 50% / 8 or more days before: free
12. Postponement of the Shooting Schedule
If, after the photography contract is concluded, the User postpones the desired date of use of the Service, the User shall pay a cancellation fee in accordance with the Company’s cancellation policy. However, only where the need for outdoor or similar shooting has been communicated in advance, one schedule change due to rain will be accommodated free of charge. This does not apply if notice is given on the day before or the day of the scheduled shoot. If the User does not propose a new shooting schedule to the Company within 14 business days after notifying the postponement, it will be treated as a cancellation and a cancellation fee will be charged. The User shall transfer the cancellation fee in a lump sum to the Company’s designated account within one week from the invoice date.
13. Late or Overdue Payment
If payment by the User cannot be confirmed after the payment due date, late payment damages at an annual rate of 14.6% will be added and charged. Furthermore, if non-payment continues for more than one month from the due date, backup storage of the shooting data is not guaranteed.
14. Securing the Photographer’s Schedule
The Company will finally secure the photographer’s schedule after confirming by e-mail the User’s intention to confirm the photography request.
Until then, securing the photographer’s schedule is not guaranteed.
15. Reserve Shooting Days
For shoots that may be postponed, the Company can hold the photographer’s schedule for ¥15,000 (excluding tax) per day.
The photographer’s schedule will be automatically released after the shoot.
16. Outsourcing
The Company may outsource all or part of the operation of the Service to a third party designated by the Company, and the User consents to this in advance.
17. Delivered Data
Unless otherwise instructed by the User, the Company may, at its discretion, exclude unclear photo data, such as test shots or images in which the subject’s eyes are closed, from the delivered data.
18. Prohibited Acts
The User shall not engage in the following acts:
・Acts that infringe intellectual property rights such as copyrights, trademark rights, and patent rights, rights of honor, rights of privacy, or other statutory or contractual rights of the Company or third parties
・Acts that cause disadvantage or damage to the Company or third parties
・Acts that damage the honor or credibility of the Company or third parties
・Impersonating the Company or third parties, or intentionally spreading false information
・Slandering, defaming, or threatening the Company or third parties
・Harassment, threats, or defamation against the Company or third parties
・Criminal acts or acts leading to them
・Acts that violate laws, court judgments, decisions or orders, or legally binding administrative measures
・Acts that may harm public order or morals
・Using or providing harmful programs such as computer viruses
・Making false declarations or notifications
・Acts that interfere with the operation of the Company or the Service
・Providing benefits or other cooperation to antisocial forces
・Dealing directly with photographers affiliated with the Company
・Dealing directly with videographers affiliated with the Company
・Dealing directly with hair and makeup artists affiliated with the Company
・Dealing directly with stylists affiliated with the Company
・Dealing directly with writers (reporters) affiliated with the Company
・Any other acts the Company deems inappropriate
19. Effect
If any act of the User falls under any of the prohibited acts, the Company may suspend transactions with the User.
In addition, based on the Company’s judgment and on lawful and legitimate reports from third parties such as victims or as required by law, the Company may take the following measures:
・Disclosure to third parties such as the police or other administrative agencies, courts, bar associations, and credit card companies of the history of use of the Service, payment history, the User’s registered information, and sender information related to the User’s data
・Other measures against criminal acts or acts leading to them
20. Prohibition of Direct Dealings with the Company’s Personnel
The User is strictly prohibited from dealing directly with personnel affiliated with the Company (photographers, videographers, hair and makeup artists, stylists, writers, etc.).
21. Exclusion of Antisocial Forces
1. The User represents and warrants to the Company that, as of the date the contract for use is concluded, the User, its directors, auditors, executive officers, and other persons holding important positions in the execution of business (“Officers”), its subsidiaries and affiliates (as defined in Article 8, Paragraphs 3 and 5 of the Regulation on Terminology, Forms and Preparation Methods of Financial Statements, etc. (Ministry of Finance Ordinance No. 59 of November 27, 1963)) and their Officers, and its investors do not fall under any of the following (“Organized Crime Groups, etc.”):
An organized crime group (as defined in Article 2 of the Act on Prevention of Unjust Acts by Organized Crime Group Members (Act No. 77 of May 15, 1991, including subsequent amendments); the same applies hereinafter)
A company related to an organized crime group, or an organization in which any person listed in this paragraph is an investor or holds an important position in the execution of business, or a member of such an organization
Corporate racketeers, persons who use social movements or political activities as a pretext for illicit gain, special intelligence violent groups, or members of such groups
Persons who have close relationships with organized crime groups or their members
Persons equivalent to any of the foregoing
2. The User represents and warrants to the Company that, as of the date the contract for use is concluded, none of the User, its Officers, its subsidiaries and affiliates and their Officers, or its investors has any of the following relationships:
A relationship in which Organized Crime Groups, etc. are recognized as controlling management
A relationship in which Organized Crime Groups, etc. are recognized as substantially involved in management
A relationship recognized as unjustly using Organized Crime Groups, etc., such as for the purpose of obtaining unjust profits for oneself or a third party or causing damage to a third party
A relationship recognized as involving the provision of funds or other benefits to Organized Crime Groups, etc.
A socially reprehensible relationship with Organized Crime Groups, etc.
A relationship equivalent to any of the foregoing
3. The User pledges not to engage, either directly or through a third party, in any of the following acts or acts that may constitute them:
Violent demands
Unreasonable demands beyond legal responsibility
Threatening words or actions, or the use of violence
Damaging the Company’s credibility or obstructing its business by spreading rumors, using fraudulent means, or using force
Any involvement with Organized Crime Groups, etc., regardless of method or manner
Acts equivalent to any of the foregoing
4. If it is found that a business partner of the User (including all parties where there are multiple tiers of transactions; the same applies hereinafter) is an Organized Crime Group, etc., or has any relationship set forth in Paragraph 2, or has engaged in any act set forth in Paragraph 3, the Company may request the User to cancel the contract with such business partner or take other measures necessary to exclude antisocial forces, and the User pledges to take such measures.
5. The Company may immediately cancel all contracts concluded with the User without notice, demand, or other procedures if (1) any circumstance arises, is discovered, or is reasonably expected to arise that renders the representations and warranties in Paragraphs 1 and 2 false or inaccurate, or (2) any breach of the pledges in Paragraphs 3 and 4 is discovered or occurs.
6. The Company shall not be liable for any damage incurred by the User as a result of the Company cancelling a contract under this Article. Cancellation of a contract under this Article shall not prevent the Company from claiming compensation from the User.
22. Compensation for Damages
If the User causes damage to the Company or a third party through use of the Service, the User shall compensate for such damage at the User’s own responsibility and expense.
23. Disclaimer
The Company shall not be liable for any damage arising directly or indirectly from the Service or the use of the Service, except where caused by the Company’s willful misconduct. In addition, although the Company and its photographers proceed with shooting with due care, photographs and videos taken may contain personal or confidential information, and the Company shall not be liable for any damage incurred by the User as a result of publishing or otherwise using such deliverables.
24. Force Majeure
The Company shall not be liable if it is unable to perform all or part of its services due to force majeure, including earthquakes, typhoons, tsunamis, or other natural disasters, war, riots, civil disturbances, the enactment, amendment, or repeal of laws, strikes or other labor disputes, or accidents involving transportation.
25. Handling of Personal Information
The Company shall appropriately handle the User’s personal information obtained through use of the Service in accordance with its separately established Privacy Policy, and the User shall be deemed to have agreed to this.
26. Backup Period for Shooting Data
The Company guarantees a backup of data equivalent to the delivered data for one month from the shooting date. This does not apply if the User instructs the Company to delete the data.
27. Copyright
Unless otherwise specified, the copyright in all shooting data belongs to the Company and its affiliated photographers and is protected under the copyright laws of Japan and other countries. However, this does not mean that the Company restricts the User’s use of the deliverables. The User may use the deliverables for paid or free, commercial or non-commercial purposes.
28. Portfolio Use
The Company may publish produced content as examples of its work on the websites of the Company and its partners.
This does not apply if the User separately notifies the Company that such use is not permitted.
29. Advertising and Direct Mail
The Company may send e-mails to the e-mail address registered by the User.
This does not apply if the User requests that such e-mails be stopped.
30. Changes to or Suspension of the Service
The Company may change or suspend the content of the Service without obtaining the User’s prior consent.
31. Governing Law and Jurisdiction
These Terms of Use shall be governed by the laws of Japan.
The Tokyo District Court shall have exclusive jurisdiction as the court of first instance for any disputes or lawsuits related to the Service.
This English version is provided for reference only. In the event of any discrepancy between the Japanese and English versions, the Japanese version shall prevail.