bivio

Terms and Conditions

Section 1: General Provisions

Article 1 (Purpose and Application of this Agreement)

  1. These Terms of Use (hereinafter referred to as “Terms of Use”) stipulate the conditions for using the service “bivio” (hereinafter referred to as “Service”) provided by the Company and apply to all users of the Service.
  2. The terms referred to in this agreement and the precautions described on this service shall form part of this agreement.
  3. The Service may include services provided by third parties. Use of such third-party services is subject to the terms of use set forth by the provider of such third party services.

Article 2 (Definition)

In this agreement, the definitions of the terms listed in the following items shall be as specified in each item.

  1. Applicant
    A person who wishes to use this service, but has not completed the membership registration as stipulated in Article 6.
  2. User
    A person who has completed membership registration in accordance with the membership registration procedures set forth in Article 6.
  3. Registration information
    This refers to the information of the user and the user who wishes to use the service, which is provided in accordance with the provisions of the Company at the time of member registration.
  4. Vendor
    A user who sells works in this service.
  5. Buyer
    A user who purchases a work that is sold through this service.
  6. Works for sale
    A photographic work that the Vendor wishes to sell through this Service.

Article 3 (Communication and Notification)

  1. Notifications regarding changes to this agreement and other communications from our company to users regarding this service will be posted at appropriate locations within our website or application (hereinafter collectively referred to as “our application”) by sending electronic mail, push notification or other methods that we deem appropriate.
  2. Any inquiries or other communication from the User to the Company regarding this Service shall be carried out by using the inquiry form placed in the appropriate place in the Company’s website or by other means designated by the Company.

Article 4 (Changes to this Agreement)

  1. The Company may change the contents of this Agreement by notifying you in a manner that the Company deems appropriate in light of the changes.
  2. If the user continues to use this service after changing this agreement, the user will be deemed to have agreed to the changed agreement.

Article 5 (Termination and Suspension of Service)

  1. We reserve the right to terminate the service at our discretion with prior notice to the user.
  2. Notwithstanding the provisions of the preceding paragraph, the Company may temporarily suspend all or part of this service without notifying the user in advance in the event of any of the following reasons.
    1. To perform maintenance on this service on a regular or emergency basis.
    2. When the system is overloaded due to excessive access or other unforeseen factors.
    3. When it is necessary to ensure the security of the user.
    4. When the service of the telecommunications carrier is not provided.
    5. When the provision of the Service is difficult due to force majeure such as natural disaster or revision of laws.
    6. When the Company deems it necessary in accordance with the preceding items.
  3. The Company shall not be liable for any damages incurred by the user as a result of the Company’s actions under this Article.

Section 2: Service

Article 6 (Membership Registration)

  1. A prospective user shall apply for membership registration to use the service by agreeing to abide by these terms and providing the company with registration information in a manner prescribed by the company.
  2. The Company may reject the registration of a person who has applied for registration by the preceding paragraph if the person falls under any of the following items:
    1. If the Company deems that the user has violated or is likely to violate this Agreement.
    2. If all or part of the registration information provided to the Company is false, misdescribed, or omitted.
    3. If you have had your membership registration for this service canceled in the past.
    4. For minors, persons under curatorship, or persons with disabilities, without the consent of their legal representative. 
    5. In the case of violating the terms of use of other services provided by our company.
    6. When the Company judges that a person is an anti-social (meaning a person who is a member of a crime syndicate, a right-wing organization, or any other equivalent person; hereinafter the same shall apply), or that the person has some involvement or cooperating with or being involved in the maintenance, operation, or management of anti-social behavior through the provision of funds or otherwise.

    7. In any other cases where the Company deems the member registration to be inappropriate.

  3. If there are any changes to the registered information after the member registration, the User shall promptly notify the Company of the changes. The Company shall not be liable for any damages incurred by the user due to the failure to make such notification.

Article 7 (Use of the Service)

  1. As outlined in these Terms and Conditions, this Company provides users with a platform to sell the rights to use sold works to buyers (hereinafter referred to simply as “sold work”). Accordingly, the Company shall not be a party to any contract for the sold work.
  2. The user shall use the Service under these Terms of Use and the precautions described in our application.
  3. The rights to the Company’s applications and all other content provided concerning the Service are owned by the Company or the rights holders of the relevant content. Accordingly, you may not use these contents without obtaining the appropriate permission.
  4. If the User is a minor, a person under curatorship, or a person under assistance, the User shall obtain the consent of a person with parental authority or other legal representatives, a guardian, a curator, before using the Service or applying for or accepting the sale of works.
  5. When registering as a member, the user is obligated to set up a sign-in ID and password for the user’s membership and to properly store such information to prevent unauthorized use of the membership. The company shall not be held responsible for any unauthorized membership use due to failure to store the information properly.
  6. The use of the Service is deemed to be by the User himself/herself. However, if the User becomes aware of any unauthorized use of the Service by a third party, the User shall immediately notify the Company to that effect.

Article 8 (Sales)

  1. To make a sale, the user must register as a seller according to the procedures prescribed by the Company. In addition, vendor registration may require the use of a third-party service.
  2. The seller shall register the work for sale on the Service by setting the sales price and other sales conditions prescribed by the Company.
  3. By registering a work for sale, the seller guarantees the following items:
    1. The work for sale must have been legitimately created and copyrighted by the seller, or the seller must have obtained the right to sell and the right to use the work on the Service from the legitimate rights holder.
    2. If there are portrait rights, publicity rights, trademark rights, copyrights, or other rights of third parties concerning the content (including descriptions and explanations as defined in the next section), the seller must obtain the necessary permission from the owner of such rights.
  4. By registering your work for sale, you agree to allow the Company to use your work in the Company’s applications, the Company’s social media accounts, promotional materials related to the Service, etc., to the extent reasonably necessary for the Company to provide the Service. The Company may not reproduce, adapt, translate, transform, create derivative works from, publish, distribute, publicly transmit, or otherwise exploit the work for sale and the descriptions and commentaries entered in text or voice (“Descriptions and Commentaries, etc.”) to the extent reasonably necessary to provide such services. In addition, the User shall not exercise any moral rights against the Company or any third party who has licensed the rights from the Company.

  5. The Vendor shall, upon conclusion of the sale and per the following Article, grant a license to the purchaser of the work to use the work, descriptions, and explanations per the license conditions specified by the Vendor. The terms and conditions of the license that the seller can select shall be as described in our application.
  6. The Company may request the Vendor to submit information, materials, etc., regarding the work for sale and may request the Vendor to make corrections, as necessary. The Vendor shall promptly comply with such requests.
  7. The Vendor shall not sell works that fall under the following categories:
    1. The work for sale or its description or explanation is contrary to laws and regulations or public order and morals.
    2. Criminal acts, unlawful acts, execution of dangerous acts, obscenity, violence, or any other content that may cause undue discomfort or harm to a third party.
    3. Photographs in which a third party’s copyrighted work, trademark, logo, character, advertisement, or product appear or are identified as the primary subject. The necessary permission or consent has not been obtained from the right holder.
    4. Photographs of personally identifiable persons that have not been processed for portrait rights.
    5. Facilities, animals, goods, etc., that a third party manages without the proper permission of the manager concerned.
    6. Those who register falsehood descriptions or explanations causing the purchaser to make an incorrect judgment or those who fail to register the necessary information.
    7. Other items that the Company deems inappropriate.
  8. If the Company determines that the sale of the work by the Vendor violates any of the provisions of this Article, the Company may, without prior notice, suspend the sale or purchase of the work or take other appropriate measures, regardless of whether the Vendor has acted intentionally or negligently.
  9. If a third party makes an infringement claim, objection, complaint, or claim for compensation or damages, the Vendor shall handle such claims at its own responsibility and expense and shall not cause any inconvenience or damage to the Company. If the Company suffers damages due to such claims, objections, complaints, claims for compensation, or damages, the Vendor shall indemnify the Company for all costs incurred, including reasonable attorney’s fees.

Article 9 (Purchases)

  1. The purchaser shall apply for the purchase of the right to use the work for sale following the procedures prescribed by the Company. The sale of the work for sale shall be deemed to have been concluded at the time when the payment is completed under the provisions of Article 10.
  2. Upon the conclusion of the sale, the purchaser may use the work under the license conditions specified by the seller. The terms and conditions of the license that the Vendor may choose shall be as described in our application.
  3. A purchaser shall not make a purchase offer that falls under any of the following items.
    1. Purchase orders without the intention of purchasing the sold work.
    2. An offer to purchase a work for sale that violates applicable laws and regulations.
    3. Applications for purchase for mischief, harassment, or other improper purposes.
    4. Other purchase applications that the Company deems inappropriate.
  4. After the sale of the work is concluded, the rights to the work for sale, its description, explanation, etc., including copyrights, are retained by the seller of the work for sale, etc., and such rights have not transferred to the purchaser.

Article 10 (Settlement)

  1. If the purchaser wishes to purchase the work for sale, the purchaser shall pay the sales price of the work for sale using the payment method prescribed by the Company.
  2. When settling the sales price of the work for sale, the user shall pay a fee for using the Service (hereinafter referred to as the “Usage Fee”). The Usage Fee will be deducted from the sales proceeds paid. The Company will post the applicable usage feed on the application and website.
  3. The Seller shall be responsible for resolving any disputes with payment service providers or other third parties in connection with the payment of sales proceeds and usage fees. If a dispute arises between the seller and a settlement service provider or other third parties in relation to the payment of sales proceeds and usage fees, the seller shall resolve the dispute at its own responsibility and expense, and shall not cause any inconvenience to the Company or other users.

Article 11 (Receipt of Sales Proceeds)

  1. The seller shall receive the amount obtained by deducting the usage fee from the sales price of the work sold to the buyer following the method prescribed by the Company.
  2. Even if the sale of the work is canceled or invalidated after payment of the usage fee, the Company shall not refund the usage fee to either the purchaser or the seller of said work.

Article 12 (Cancellation)

  1. Once payment of the work for sale has been completed, the Buyer may not cancel the sale of such work. Except in the following cases:
    1. When there is an error or deficiency in the data of the purchased work for sale.
    2. Duplicate purchase made for the same work within 24 hours due to a temporary error in the server or communication line related to the purchase process.

Article 13 (Posting by Users, etc.)

  1. The Company may provide a function that allows users to post their impressions, ratings, and other comments on the Service.
  2. By making a Posting, following the preceding paragraph, the User grants to the Company the right to use the contents of the Posting, in the Company’s applications, websites, the Company’s social media accounts, promotional materials related to the Service, to the extent reasonably necessary for the Company to provide the Service. (This includes the right to reproduce, adapt, translate, transform, create derivative works, publish, distribute, publicly transmit, and exercise all other rights under the Copyright Act, and the right for the Company to sublicense these rights to third parties. In addition, the user shall not exercise moral rights against the Company or any third party who has licensed the rights from the Company.
  3. The company reserves the right to delete any user’s postings, etc., from this service without notice for any reason. However, this does not mean that the Company is obligated to monitor or delete such postings.

Article 14 (Withdrawal from membership)

  1. A user may cancel their registration as a seller by requesting following the procedures prescribed by this company. The Company shall suspend sales of works currently on sale when the cancellation is completed. Withdrawal of membership registration as a user shall be subject to the procedures specified in Paragraph 2.
  2. If a user wishes to withdraw from the service, the user may do so according to the procedures prescribed by the Company. However, if a payment has not been completed at the time of withdrawal, you may not withdraw until the payment is completed.
  3. The user agrees in advance that the provisions of this agreement shall apply to the user’s actions even after withdrawal.

Section 3: Obligations and Responsibilities of Users

Article 15 (Compliance)

  1. The User shall be obligated to comply with all applicable laws and regulations regarding the sale and purchase of works for sale and other use of the Service.
  2. Users or third parties on behalf of the user shall not do any of the following:
    1. Defamation of the Company, users, or other third parties.
    2. Fraudulent or threatening behavior toward the Company, users, or other third parties.
    3. Posting or displaying images, text, voice, etc., that contain sexual, obscene, or violent expressions or any other content that may cause excessive discomfort or harm to a third party.
    4. To use the Service for personal relationships with other users.
    5. Transmission or disclosure of Personal Information of other Users or third parties, or requesting the entry of such personal information.
    6. Use the Service in connection with pyramid schemes, money laundering, or similar activities.
    7. Conducting transactions between users who have been matched through this service for the same work for sale without going through this service.
    8. Activities that infringe or may infringe on the intellectual property rights, portrait rights, publicity rights, privacy, honor or trust, or other rights or interests of the Company or any third party.
    9. To place an excessive burden on the Service or the Company’s servers.
    10. Unauthorized access to the system used by this service
    11. Activities that interfere with the operation of this service
    12. Use of excessive multiple accounts by the same user.
    13. To impersonate the Company, other users, or other third parties.
    14. To use another user’s sign-in ID or password.
    15. Postings that fall under any of the following categories
      1. Postings that infringe on the rights or interests of users or other third parties
      2. Postings that contain content about committing, abetting, or aiding and abetting crimes, illegal acts, or dangerous acts
      3. Posting of content that violates laws and regulations or public order and morals.
      4. Posting sexually explicit, obscene, violent, or other content potentially causing discomfort or harm to third parties.
      5. Posts that intentionally try to manipulate users’ ratings.
      6. Postings that are made to receive money or other consideration from a third party outside the Service.
      7. Postings that impersonate the Company or a third party.
      8. Posting that includes personal information about themselves, other users, or other third parties.
    16. Other activities that the Company deems inappropriate
  3. The Company does not guarantee that there will be no violations of applicable laws and regulations and shall not be liable for any damages caused by such acts by Users.

Article 16 (Disputes with Third Parties)

  1. Users are solely responsible for their own use of the Service.
  2. In the event of a dispute or problem between a user and another user or third party, the User shall be liable for all costs incurred.
    Users shall solve their problem at their own responsibility and expense and shall not cause any trouble to the Company.
    In the event that the Company suffers damage, the User shall be liable to compensate the Company for such damage.

Article 17 (Cancellation of Membership Registration)

  1. When we reasonably judge that a user falls under any of the following items or is likely to fall under any of the following items, we will take measures against the user such as canceling the membership, denying access to all or part of this service, suspending the use of the service, or deleting all or part of the contents or information about the user (hereinafter referred to as “suspension of use”) without any notice. 
    1. If you violate any of the provisions of this Agreement.
    2. In the event that the Company determines that the User has in the past or is likely to in the future violate any of the provisions of Article 15 of this Agreement.
    3. When it is found that there is a falsehood in all or part of the registered information provided to the Company.
    4. When there is no response for more than 30 days to the Company’s request to respond to an inquiry.
    5. If more than 6 months have passed since the last time the user accessed this service.
    6. Complaints received from other users or third parties, whether intentional or negligent, exceed the levels set by the Company.
    7. For a person who has been placed in protective custody or for a person under curatorship without the consent of the person who has been placed in protective custody.
    8. When the person has an anti-social behavior or has any interaction or involvement in anti-social behavior, such as cooperating with or being involved in the maintenance, operation, or management of anti-social behavior, through the provision of funds or otherwise.
    9. When there are other reasons similar to the preceding items.
  2. The Company shall not be liable for any disadvantage or damage incurred by the User due to the measures taken by the Company in accordance with this Article.

Section: 4 Disclaimer

Article 18 (Disclaimer)

  1. The Company is not obligated to confirm the content, legality, accuracy, or infringement of third party rights, including the existence or non-existence of copyrights, portrait rights, publicity rights, or other property rights related to the work for sale, and its descriptions and explanations, and makes no guarantees regarding these matters.
  2. The Company is not obligated to keep any data submitted to us, including image data, text such as descriptions and explanations, and audio content, of the work for sale. The User shall create and maintain backups of such data by themself.
  3. The Company shall not be liable for any damage, loss, or expense, whether foreseeable or not, arising from the sale or purchase of the work for sale by the user.
  4. In the event that the Vendor or Purchaser causes damage to a third party or the Company in connection with the sale or purchase of the work for sale, the Vendor or Purchaser shall compensate for such damage at its own expense and responsibility.
  5. Sellers and Purchasers shall resolve any claims regarding the sold work, its description, and explanation between the Seller and Purchaser. The Company may provide advice, information, or other support to the User concerning such claims, but the Company shall not be obligated to resolve such claims.

Article 19 (Compensation for Damages)

  1. In the event that the Company incurs direct or indirect damages due to the violation of this agreement by the user or the use of this service (including the case that the Company is claimed for damages by a third party due to the said violation), the user shall indemnify the Company for all damages (including the costs of legal counsel, other professionals and human resource costs incurred by the Company).
  2. The Company does not take responsibility for any damage incurred by the user concerning the use of this service. However, under the Consumer Contract Act, and in the event that this Company is liable for damages based on non-fulfillment of obligations or unlawful acts, we shall compensate only for direct and ordinary damages actually incurred by the user. We shall not be liable for damages arising from special circumstances (including cases where we can foresee the occurrence of damages).
  3. The Company may provide this service in conjunction with third-party services. The Company shall settle any disputes related to using such third-party services with the third party. The Company shall not be liable for any damages incurred by the User in connection with the use of such third-party services.

Section 5: Miscellaneous Provisions

Article 20 (Prohibition of Assignment of Rights and Obligations)

  1. The User may not transfer (including comprehensive succession by merger, company split, etc.) or give all or part of the rights and obligations under this Agreement to a third party without the Company’s prior written consent. However, it is prohibited to transfer or offer for security purposes.

Article 21 (Acquisition and Use of Information)

  1. The collection and handling of registration information and other user information obtained by the Company shall be in accordance with the Privacy Policy separately established by the Company.

Article 22 (Treatment in the case of business transfer)

  1. In the event that the Company transfers the business of the Service to a third party, the Company may transfer the status, rights, and obligations under the Terms and Conditions, registration information, and other information to the assignee of such transfer, and the User shall be deemed to have agreed to such transfer in advance in this Article.

Article 23 (possibility of separation)

  1. Even if any provision or part of this Agreement is determined to be invalid or unenforceable, such determination shall not affect any other part of this Agreement, and the remaining parts of this Agreement shall remain valid and enforceable. The Company and the User agree to abide by the intent of such invalid or unenforceable provisions or parts of the Terms and Conditions and to endeavor to ensure that they have the same effect and to be bound by the modified Terms and Conditions.
  2. If any provision or part of this Agreement is determined to be invalid or unenforceable concerning any User, such invalidity or unenforceability shall not affect the validity of such provision concerning any other User.

Article 24 (Survival clause)

  1. Even if the membership registration for this service is terminated, the provisions regarding payment shall remain valid until such payment is completed. The provisions of Article 5, Section 3, Article 8, Sections 3, 4 and 9, Article 9, Section 4, Article 10, Section 3, Article 11, Section 2, Article 13, Section 2, Article 14, Section 3, Article 16, Article 18, Section 2, Section 4 and Section 5 shall remain valid without any time limit.

Article 25 (Governing Law and Consensual Jurisdiction)

  1. The laws of Japan shall govern this Agreement, and all disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of the first instance.

Article 26 (Settlement of Agreements)

  1. The Company and the User shall consult with each other in accordance with the principle of good faith to promptly resolve any issues not stipulated in this Agreement or any doubts arising from the interpretation of this Agreement.

Established April 1, 2021

Note

This Agreement has been negotiated and executed by the Parties in Japanese. In the event any translation of this Agreement is prepared for convenience or any other purpose, the provisions of the Japanese version shall prevail.