Terms of Use for FamilyAlbum Premium

  1. * These Terms of Use are translated into English for reference purposes. The original Japanese version of the “Terms of Use for Mitene Premium” (Mitene Premium Riyo Kiyaku) is the only official and complete document prepared by MIXI, Inc. Therefore, these Terms of Use in English shall not be legally binding as the said “Terms of Use for Mitene Premium” and shall not affect or be used as reference in the interpretation of the said Terms of Use. Please note that MIXI, Inc. does not guarantee and is not liable for the contents of these Terms of Use.

Established on March 25, 2019

Article 1: Introduction

  1. These Terms of Use for FamilyAlbum Premium (hereinafter referred to as the “TOU”) shall apply to all relationships arising from the use of the FamilyAlbum premium service (hereinafter referred to as the “Service”) in FamilyAlbum operated and provided by MIXI, Inc. (hereinafter referred to as the “Company”).
  2. The TOU shall constitute part of the Terms of Use for FamilyAlbum separately stipulated by the Company. Any person who purchases the Service (hereinafter referred to as the “Buyers”) shall agree to the TOU.
  3. In the event of a discrepancy or conflict in the provisions of the TOU and those of the Terms of Use for FamilyAlbum, the TOU shall prevail in terms of the Service. Except in the case of discrepancies or conflicts in the provisions of the TOU and those of the Terms of Use for FalmilyAlbum, when the TOU and the Terms of Use for FalmilyAlbum shall apply cumulatively.

Article 2: Changes to the TOU

  1. The Company may change the TOU without obtaining the prior consent of Buyers. In this case, the conditions to use the Service shall be subject to the changed TOU.
  2. Unless otherwise stipulated by the Company, the changed TOU shall come into effect when the changed TOU are displayed on the Service (whether on the website, on the application, or in any other form; the same shall apply hereinafter), and Buyers shall check the changed TOU at their own responsibility.
  3. Buyers shall not be entitled to declare their refuse to accept or ignorance of the changed TOU against the Company.

Article 3: Use

  1. A Buyer shall be entitled to use the Service by paying the fee (hereinafter referred to as “Basic Fee”) set by the Company according to the period of use prescribed by the Company (hereinafter referred to as the “Period of Use”).
  2. If a Buyer is minor, he/she shall purchase his/her use after obtaining the consent of his/her guardian or a person who has parental authority.
  3. The fee or the like for the Service shall be paid in a manner separately stipulated by the Company.
  4. When the Period of Use of a Buyer expires, the Service shall be automatically renewed for another period of the same length. Upon such renewal, the Buyer shall pay the Basic Fee or the like in the manner set forth in the preceding paragraph.
  5. The Company shall not issue a receipt or equivalent for the fee or the like paid for the Service.
  6. If a Buyer wishes to cancel the Service, he/she shall follow the procedure prescribed by the Company to do so. If the Service is canceled by a Buyer, (i) no adjustment for the Basic Fee or the like shall be made on a pro-rata basis; (ii) he/she may, even after the cancellation, use the Service for the Period of Use for which he/she has already paid; and (iii) the automatic renewal shall stop when the Period of Use expires.
  7. Unless otherwise stipulated by law, the Company shall not meet any request to refund the fee or the like for the Service or extend the Period of Use for the Service.

Article 4: Contents of Service

The contents of the Service shall be posted on the Service. The Company may, without the prior consent of Buyers, add or change the contents of the Service, or suspend or terminate the provision of the Service.

Article 5: Suspension of Use

  1. If the Company finds that a Buyer fails to pay the fee or the like for the Service by the due date thereof, the Company may suspend all the Service available without any notice to such Buyer.
  2. If the Company finds that a Buyer commits an act against the TOU, the Company may suspend all the Service available without any notice to such Buyer.

Article 6: Returned Goods, etc.

  1. Buyers shall, at their responsibility, use the Service, and shall be responsible and liable for any act and consequence in connection with their use of the Service.
  2. A Buyer may only use the Service on the album created by him/her. Any participating user (hereinafter referred to as the “User”) may also use the Service for the album of the Buyer. If a Buyer or User (hereinafter referred to as the “Participant”) participates in the album of another user, such Participant may not use the Service for the album unless the User is a Buyer.
  3. A Buyer shall be responsible and liable for, and properly manage, the acts by the Users on the Service for his/her album. If any of such Users breaches the TOU, such breaching shall be handled by the Company as the violation of the TOU by the Buyer.

Article 7: Rights to the Service

  1. The rights in or to a photograph or the like posted with the use of the Service belong to the Participant who posted it. The Participant shall grant the Company a license for the photograph or the like to the extent necessary for the Company to provide the Service.
  2. All rights (ownership, intellectual property rights, image rights, and publicity rights) in or to the Service, except those set forth in the preceding paragraph, belong to the Company or its approved third parties, and do not belong to Participants.

Article 8: Interest for delay

  1. If a Buyer fails to pay the fee or the like for the Service by the due date thereof, he/she shall pay to the Company interest for delay at an annual rate of fourteen point six percent (14.6%) for the period from the day following the due date until the day before the date of payment.
  2. Any bank transfer fee or other expenses required for such payment pursuant to the preceding paragraph shall be borne by the Buyer.

Article 9: Prohibited Acts

In using the Service, a Participant shall not:

  1. Transfer or resell the contents of the Service without the permission of the Company;
  2. Commit an act that infringes, or may infringe, the rights of the Company, other Users or third parties;
  3. Commit a criminal act, act leading to a criminal act, or act that offends, or may offend, public order and morals;
  4. Provide false information or make a use for illicit purposes;
  5. Commit an act which the Company sees as a breach of the TOU;
  6. Interfere with or slander the operation of the Service;
  7. Purchase the Service without the consent of his/her guardian or person with parental authority if he/she is minor; or
  8. Commit any other act that constitute, or may constitute, violation of law.

Article 10: Disclaimer

  1. The Company shall not be responsible or liable for any damage or loss incurred by Participants in connection with their use of the Service unless such damage or loss is caused by a willful act or gross negligence on the part of the Company.
  2. The Company shall not be responsible or liable for any damage caused by Participants to other Users or third parties in connection with their use of the Service.
  3. The Company shall make no warranty regarding the integrity, accuracy, reliability, effectiveness, or the like of information that Participants may obtain through the Service.
  4. The Company shall not be responsible or liable for any damage incurred by Participants arising from the interruption, delay, discontinuation, loss of data, unauthorized access to data, or the like due to failure in communications lines, computers or other devices, or any other damage in connection with the Service.
  5. The maximum liability of the Company for any damage incurred by a Participant in connection with the Service for a reason attributable to the Company shall not exceed the Basic Fee for a single Period of Use, which the Participant has paid to the Company for the Service, unless such damage is caused by a willful act or gross negligence on the part of the Company.
  6. The Company shall make no warranty regarding the performance of any equipment or software that Participants may use.
  7. Participants shall, at their own responsibility, manage any expenses for connection to use the Service that may be charged by telephone companies or communications carriers, and the Company shall make no warranty regarding the same.

Article 11: Claim for Damages

If a Participant causes damage to the Company due to his/her breach of the TOU or due to his/her use of the Service in an unauthorized or illegal manner, the Company may claim reasonable damages (including attorneys’ fees) from the Participant.

Article 12: Compliance with Privacy Policy

The Company will properly protect personal information and comply with the “Privacy Policy” separately established by the Company.

Article 13: Governing Law

The TOU shall be governed by the laws of Japan.

Article 14: Jurisdiction

Any dispute arising in connection with the TOU shall be settled in good faith upon consultation between the parties. In the event of a failure to settle such dispute upon consultation, the Tokyo Summary Court or the Tokyo District Court, depending on the suit amount, shall be the agreed court with exclusive jurisdiction for the first instance.

Article 15: Others

  1. Even if some of the provisions of the TOU are deemed invalid by law, the rest of the TOU shall remain in full force and effect.
  2. Even if some of the provisions of the TOU are deemed invalid or revoked in the relationship with one Buyer, the TOU shall remain in full force and effect in the relationship with other Buyers.
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