Last Updated: August 4, 2009.
This Web site (the “Site”) is owned and operated by Datacraft Co., Ltd. (“Datacraft”). These terms of use (“Terms of Use”) apply to a user (“you”), who accesses, browses, searches, purchases, and/or downloads contents from the Site.
By accessing or using the Site, you are deemed to have agreed to the Terms of Use. By using the Site, you represent and warrant that you are over the age of 20 and are able to lawfully accept the Terms of Use. When you use the Site on behalf of any entity, you are deemed to be authorized to accept the Terms of Use on such entity’s behalf, and your use of the Site signifies such entity’s agreement to the Terms of Use.
You acknowledge that Datacraft reserves the right to amend the Terms of Use from time to time without prior notice. Changes to the Terms of Use will be effective when posted as of the “Last Updated” date, which appears at the top of the Terms of Use. You agree to review the Terms of Use periodically to become aware of any changes. Your access or use of the Site after any amendments to the Terms of Use are posted will constitute your acceptance of the amendment.
All of the contents on the Site, including, but not limited to, images, text, data and programs, belongs to Datacraft or its partners, and is protected by relevant intellectual property laws, including, but not limited to, copyright laws and trademark laws. You may not use, duplicate, modify, display or distribute any contents on this Site for any purpose in any manner without a prior written license, consent or agreement with Datacraft. You may not use any stock photo contents on this Site (the “Image”) without accepting the End User License Agreement and paying the full amount of fee specified on the Site.
* Security
You acknowledge and assume all risks involving the transmission of your personal information through the Site and the PayPal website, including but not limited to the leakage of your credit card number or other personal information. In no event shall Datacraft be liable for any accident, loss or damage that are caused from or in connection with the transmission of your personal information through the Site or the PayPal website.
When you have paid the full fee for the Image and clicked on [Complete the transaction], a web page, where you may download the Image purchased will open. The URL of the web page from which you may download the Image (“Download URL”) will also be sent to the email address of your PayPal account. You shall be fully responsible for keeping the Download URL confidential and you shall ensure that it will not be divulged to a third party. You shall complete the download of the Image within twenty-four (24) hours from notice of the Download URL (“Download Time”). The Download URL will become unavailable after the expiration of the Download Time or after you have downloaded the Image through the Download URL three (3) times before the end of the Download Time. Datacraft shall not be liable for any mismanagement, misuse or fraudulent use of the Download URL by you or any third party.
* Personal Information
Datacraft has established its Privacy Policy to protect the personal data of those who access any website that it owns and manages. At this Site, however, Datacraft applies a stricter policy regarding the use of personal information. When you complete the payment, PayPal provides Datacraft your personal information you have registered with PayPal. Datacraft will use your email address only to: 1) send an automated purchase confirmation which gives you the Download URL, and 2) to respond to your specific inquiry. Datacraft may use your personal information to perform statistical analysis, from which no specific individual can be identified.
* Termination of use of the Site
In the event that Datacraft deems that any of the following events occur, Datacraft is entitled to terminate your use of the Site.
- When a credit card company or PayPal notifies Datacraft that your credit card has expired or has become invalid.
- When you use your or another person’s credit card fraudulently, without authorization, or illegally.
- When you obstruct or are likely to obstruct the operation of the Site.
- When you are in violation of any terms or conditions of the Terms of Use or End User License Agreement.
- When you use the Download URL fraudulently, without authorization, or unlawfully.
- When you act or are likely to act in any manner that is against public order or good morals.
- When Datacraft deems that you are ineligible for use of the Site for reasons other than those stated above.
The Terms of Use shall be governed by and construed under the laws of Japan. The Tokyo District Court shall have exclusive jurisdiction over any and all disputes arising in connection with the Terns of Use.
Datacraft may stop or suspend its services on the Site temporarily, when Datacraft performs periodical or emergent maintenance, on the occurrence of any event of force majeure, and when Datacraft deems such stop or suspension necessary for its service on the Site. Under no circumstances will Datacraft be held liable for any damage that you may suffer due to the discontinuance or suspension of the services on the Site.
You acknowledge that Datacraft shall not be liable for any special, incidental or consequential damages of any kind in regard to the Site or its services on the Site, regardless of whether such damages are caused by suspension, delay or interruption of the system, and/or loss of data resulting from malfunction of communication lines and/or computers, as well as unauthorized data access or otherwise.
Datacraft makes no warranty that the Site or Images, are free from infection by computer viruses or anything else that has contaminating or destructive properties.
Datacraft offers a search feature within the Site. However, Datacraft makes no warranty and disclaims any responsibility or liability for the accuracy and completeness of any search result.
Datacraft reserves the right to alter or discontinue the Site or services on the Site or limit or restrict any user access thereto, for any reason. Images that you purchased or intended to purchase in the past may become unavailable upon such alteration or discontinuance. You acknowledge and agree that Datacraft shall not have any liability to you or any other person for the alteration or discontinuance of the Site or its services or any termination of your access to the Site.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DATACRAFT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, OR THE SERVICE ON THE SITE, EVEN IF DATACRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE DATACRAFT TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, DATACRAFT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR.
