The company Famarry (hereafter to be called ‘the company’) constitutes the website that this company operates ‘Famarry’ (hereafter to be called ‘the system’) and those that the use it (hereafter to be called ‘clients’). Regarding the photography service that this company provides (hereafter to be called ‘this service’ When the name of the service or contents are changed, regardless of a reason, I shall include ‘this service’ after the change concerned), the items that the clients must adhere to and also states the obligatory right relationship between client and company and establishes the objectives and regulations of ‘Famarry’ (hereafter to be called ‘the regulations’) are stated here.
As for the client, the ID and password that this company has provided and by following this system’s management screen and as for the publication of photographs and writing up the plan can proceed. At the time that the client’s plan begins printing and the client applies to the company to publish a separate plan, the client will be charged a service duty charge by the company when the photography reservation of the concerned client is completed.
A completed payment of the service fee will be made at the end of the month that a reservation has been made, the amount that a client has paid will be deducted by the amount that the client has used this service. This deduction will be made as a service charge on the last day of the proceeding month at the latest through the client’s specified bank account. Furthermore, this company will take responsibility of any transfer fees that are incurred.
This company, in the case that its client’s published information corresponds to any items within the preceding paragraph or if it is decided that there is fear that it corresponds, the client will not notified beforehand, the affected publications may be suspended. Furthermore, even in the case that the client’s suffer damages from the suspension of publication, this company will hold no responsibility. 3. This company, as a rule in accordance with any of the items in clause 1, in the case that there is allegation of infringement from a third party, a resolution should be found through the expense and responsibility of the client. Furthermore, in the unlikely event that this company was to independently deal with a dispute, in order to defend the company, the guest shall take responsibility for all legal activity, including lawyer expenses.
This company will provide the business operation of this service from the present into the future and possibly in order to expand the business, will continuously be able to subcontract and/or create partnerships with third party enterprises and organisations.
Regarding the period of validity for this service, the company will grant an ID and a password to the guests for a year from the day of activation. However, should either the company or the guest not declare their intention to refuse termination up to three days before the expiry of their period of validity, the period of validity will automatically renew itself for a further year and continue to do so each year unless indicated otherwise.
In the event that any queries develop regarding items that are not in line with the regulation as well as any interpretations of the regulation clauses, we will mutually and sincerely come to a resolution. During discussions, in the event that it becomes difficult to reach a resolution and the company’s person in charge of the client’s operations would become the decision maker, the manager will declare the final decision within the discussion.
Rules within Article 2, clause 2, article 4 (in the event that it is unpaid), article 7, clause 2 and 3, article 8, article 9, article 13 clause 1, articles 16 to 22 upon the property of regulations allowing for continuation, validity shall continue even after termination of contract use between the company and the client regarding the system.
Regarding the establishment, validity, implementation and interpretation of the regulations, Japanese law shall be applied.
In relation to the regulations, judgment of a dispute at the time that it occurred, shall first and foremost be subject to the exclusive jurisdiction Tokyo District Court or Tokyo Summary Court.
In the event that the company’s operations are assigned to another company, upon the status of use contract in accompaniment with the applicable operation transfer, based on the rights as well as the line of responsibility, it is possible to transfer the regulations, client information such as customer information and applicable operation transfer’s guarantor, regarding transfer, the client will agree this clause beforehand. Furthermore, in the event that operations that this clause will be determined for transfer, not only general operational transfers, but all operations of the partitioning of the company will also be transferred.
The company is able to alter the regulations at any time and after the regulation alteration, henceforth to be named ‘new regulation’ will be applicable to the company and clients. However, before the alteration of the regulations a reasonable notice period will be established and disclosed through E-mail, and managerial websites and regarding this declaration, clients must give approval.