Terms of Service *** Any place, any time! MinnaNoOmoide.com, the online photo service

Happy Smile Inc. (referred to as “company” below) operates this service (as defined in Article 1 (a)). This service is only available to users (defined in the following Article 1 (b)) who agree to the following “Terms of Service” (referred to as “terms” below). Customers who use this service agree to these terms by using this service.

Article 1 (Definitions)

The terms in this agreement each have the prescribed meaning as follows.

(a)The “service” refers to “MinnaNoOmoide.com” and other related photo services that we run separately.
(b)The term “user” applies to both corporations and individuals who use all or part of this service.
(c)“Our website” refers to our website (including PC, mobile, and smartphone websites).
(d)“Our data” refers to image data of a third party, etc., uploaded to our website, as well our company and our subcontractors.
(e)”Goods” refers to photographs we sell, our data, and all of our collective services.
(f)“Personal Information” refers to any information about a person including their name, date of birth, or other descriptors (other information that can be used to identify a specific individual is thereby included ) that can be easily matched with an individual.
(g)It’s assumed that users agree to the “Terms of Service” by using this service.

Article 2 (Handling of Personal Information)

(1)Personal information provided through this service is managed by a Privacy Administrator (Representative Director Kenichi Sato).
(2)We collect users’ personal information for the following purposes. Additionally, if there is a change in the use of personal information for this service, we will notify the user in advance about the change and receive their consent for use again.
1. (a)To improve the convenience and operation of this service
2. (b)To introduce new products, services, campaigns, and gifts
3. (c)For announcements, maintenance, guidance, and other important information
4. (d)To introduce products and services thought useful to the user through email (including specific emails), direct mail, fax distribution, and shipping
5. (e)May be given to businesses that enable the users of our goods and services to use and receive them
6. (f)May be given to businesses involved in the provision and delivery of goods and services when users purchase or receive our products
7. (g)For advertising and marketing activities of our products and services
(3)Our company may provide information to contracted companies in order to provide this service, perform data maintenance, deliver goods, or other parts of the business that involve handling personal information.
(4)We publish photos of event participants to our website. Only users who have the exhibit room code will be able to view and purchase these photos. However, photos separately specified for use by our company may be browsed and purchased by other users who login with an ID and password.
(5)When using for this service, you may choose whether or not to register your personal information. Information that must be provided to register is deemed “mandatory information”. In the event that you do not provide this information to register, you will not be able to access all parts of this service.
(6)Users can file a claim to stop the provision of information by third parties or to inquire about the intended use of acquired personal information. Users may also inquire about the disclosure, correction, addition, deletion, erasure, and suspension of use. For such inquiries, please use the following email address: mail@happy-smile.info
(7)Our company accesses and manages user access logs to prevent unauthorized access and the evaluation and improvement of content and layouts for this service. Additionally, our company makes use of cookies on parts of our website, but they are not intended to acquire or identify personal information.
(8)Unless otherwise specified within these terms, personal information shall be properly handled based on the “Privacy Policy” posted on our website.

Article 3 (Member Services)

Users may register to use of our pages and services (including, but not limited to, “MinnaNoOmoide.com”) and additional content services (referred to below as “Member Services”). It should be noted that the contents of other member services will be posted on our website.

Article 4 (Using This Service)

(1)It is assumed that users fully understand and agree to these terms and are using this service at their own expense and responsibility. Similarly, the user of public circuits and the use of equipment and software is at the user’s own risk and expense.
(2)It is assumed that users will maintain their equipment at their own risk so that their use of this service is not hindered.
(3)It is assumed that our company will not guarantee nor bear any responsibility due to the downloading of software, at the user’s own risk, provided by a third party.
(4)Users, unless separately approved, may not use this service for the purpose of creating commercial advertisements, including direct mail, etc.
(5)Minors, persons that require assistance, or persons under curatorship (referred to as “persons of limited faculties” below) shall require the consent of a parental authority, guardian, assistant, or curator (referred to as “guardians” below).

Article 5 (Consignment)

Our company assumes that users accept in advance the possibility of delegation of all or part of this service’s operation to a third party.

Article 6 (Purchase of Goods)

(1)Users shall be able to purchase goods as the content of this service.
(2)Users who wish to purchase goods will do so by a method determined separately (referred to as “purchase order” below) with the utmost attention to details through a payment method set forth in Article 9 and Article 7, Paragraph 1. Additionally, it is assumed that users are applying for use when submitting a purchase order.
(3)Users that wish to use purchased goods in advertisements such as direct mail, etc., or other commercial purposes must declare this separately when submitting a purchase order.
(4)It is assumed that users will not falsify information when submitting a purchase order.
(5)Users must take note in advance that a purchase order cannot be withdrawn or canceled for any reason. However, if our company is provided with an application for cancellation period separately, this does not apply.
(6)It should be noted in advance that our company can choose to not accept a purchase order in the event that we have deemed it to correspond to any of the following without disclosing the reason.
1. (a)If there is a falsification, clerical error, or omission in the purchase order
2. (b)If the purchase order has been made by a third party other than the user
3. (c)If the credit card of another person has been used for the payment of the price of goods
4. (d)If the user is likely to neglect the fulfillment of obligations regarding the payment of the price of goods per this agreement
5. (e)If a user has violated these terms in the past, has canceled sale and purchase agreements such as those set forth in Article 10, or has been subject to usage restrictions within this service as stipulated in Article 13, Paragraph 1
6. (f)If there is a suspicion about the purchase order ,such as a large amount of goods at one time
7. (g)If there is a technical hindrance to our business operations when selling products to users
8. (h)If the user is of limited faculties and needs the consent of a guardian to purchase
9. (i)Other reasons we deem appropriate for canceling a user’s purchase order
(7)If we have accepted a user’s purchase order, we will notify the user through a separately determined method.
(8)A sales contract shall be established at the time we issue a notification of acceptance within two working days after receiving a purchase order. If you received notice of the sales contract, it is deemed to have been fulfilled in two business days.
(9)If our company issues a notice of acceptance per item 7 or issued a notice of non-acceptance within two business days, it is assumed that acceptance of these terms and an application was established at the same time and the sales contract and use agreement was satisfied.
(10)Our company, if a user falls under any of the following, may revoke or cancel a sales contract, etc., or refund claims, etc. (referred to as “cancellation measures, etc.” below). Additionally, our company assumes no obligation to explain the reason for cancellation of sales and buying contracts on the basis of this section, etc.
1. (a)If there is a reason that falls under any of Article 6 (a) through (h)
2. (b)If this agreement is violated
3. (c)Other reasons for which we feel the need to enact measures, including the canceling of a sales contract, etc.
(11)Even if the cancellation of buying and selling contracts based on the previous item has been taken into effect, the costs according to the dispatch of goods at the time the measures were taken (referred to as “price of goods, etc.” below) must still be payed immediately by the user. It is assumed that we will not return any payments to the user and we ask that it be acknowledged beforehand.

Article 7 (Price of Goods)

(1)The prices of goods are posted on our website (referred to as “price list” below ).
(2)We, without any advance notice to the user, may make changes to the price list.
(3)After our price list is changed, our company will notify the users as determined by Article 19.

Article 8 (Delivery of Goods)

(1)It is assumed that the delivery of goods will be carried out via a method separately determined.
(2)It is assumed that users will pay for the delivery of goods as listed in the delivery price list on the website (referred to as “delivery price list” below).
(3)We, without any advanced notice to the user, may make changes to the delivery price list.
(4)After our delivery price list is changed, our company will notify the users as determined by Article 19.

Article 9 (Payment Methods)

(1)The user shall pay the cost of delivery and the price of goods through one of the following methods. Additionally, customers are responsible for fees incurred by payment methods.
1. (a)Credit card payment
2. (b)Cash on delivery
3. (c)Payment at a convenience store, postal bank, or other financial institution separately specified
4. (d)Other methods as separately determined by the company
(2)Users that choose the method set forth in (c) are considered to be consenting to paying the price receivable and the transmission of information to a third party.

Article 10 (Return of Goods, etc.)

(1)We, as long as the criteria set forth in the following items are met, will return or exchange (referred to as “returns, etc.” below) goods. However, if a replacement is deemed reasonably difficult by the company, it is assumed that the goods can only be returned.
1. (a)Obviously defective goods
2. (b)Goods that are distinctly different from those stipulated in the sales contract, etc.
(2)Users shall return goods through a separately determined method. It should be noted that the cost of returns, etc., is the responsibility of the user.
(3)Notwithstanding the provisions of item 1, it assumed that returns will not be accepted by the company in any of the following.
1. (a)Any scratches, dirtying, etc., that is attributable to the user
2. (b)Goods arriving with defects attributable to accidents, such as those occurring during delivery, etc.
3. (c)Goods with a degree of shift in the focus that is conventionally appropriate and within an acceptable range
4. (d)Goods that were delivered more than two weeks prior (without an event such as user absence, moving, or any other situation wherein the user doesn’t actually receive the goods, it assumed that they were delivered)
5. (e)Other goods separately specified
6. (b)Goods that are distinctly different from those stipulated in the sales contract, etc.

Article 11 (Changes or Additions to Our Service)

We, without any notice to the customers, shall be able to change or add to the contents, etc., of this service.

Article 12 (Discontinuation of Our Service)

We, with notice to the customers, shall be able to discontinue all or part of this service at our discretion.

Article 13 (Usage Restrictions of Our Service)

(1)We, if the user falls under any of the following items, without any advanced notice, shall be able to restrict the use of this service by the user. Additionally, our company is under no obligation to explain the usage restrictions of this service under any of the following.
1. (a)If the user violates the Article 14, Paragraph 1, or any of the other terms listed
2. (b)If the smooth operation between third parties or other users is or could possibly be being infringed upon by the user as determined by our company
3. (c)Others reasons that the company may determine appropriate for the restriction of use of this service
(2)We ask that the user acknowledge that even if restrictions upon use of this service have been put into effect based on the preceding, payment obligations incurred at the time of the restriction must still be payed immediately and it is assumed that our company will not refund any money paid for products.

Article 14 (Prohibitions)

(1)The user, upon using this service, shall not perform any of the following acts.
1. (a)Falsification, erasure, or contrary information for use of this service
2. (b)Discrimination, slander, damage, or insult to our company, third parties, or other users
3. (c)The act of creating cruel, violent, or obscene goods with our company’s or third parties’ goods
4. (d)Violating or infringing upon the public and private rights and/or privacy of our company, third parties, or other users
5. (e)The act of creating products that infringe upon public and private rights, privacy, copyright and other intellectual property rights, trademark rights, industrial property rights, design rights, patent rights of others, etc., of our company and third parties
6. (f)Infringement, suspected or otherwise, on copyright, intellectual property rights, design rights, industrial property rights, trademarks, or patents rights, etc., of third parties or other users via the replication of goods through scanning, etc.
7. (g)Combining our data with other materials
8. (h)Carrying out the sale or production of similar goods and/or services that competes with this service
9. (i)The act of sending email to third parties or other users such as advertising or solicitations without permission, sending hateful emails, interfering with email reception, chain mail forwarding, or transferring in accordance with a request
10. (j)Acts that lead to crimes of fraud, etc.
11. (k)The offer, endorsement, or use of a computer virus, harmful program, etc.
12. (l)Pretending to be a third party to other users and making use of this service to send information
13. (m)Acts that prevent the provision of this service such as trying to gain unauthorized access to computer systems or networks that are connected to the service, etc.
14. (n)Other acts deemed contrary to laws and regulations, as well as public order and morality (prostitution, violence, brutality, etc.)
15. (o)Any acts that are detrimental to other users, our company, or third parties
16. (p)Acts which promote any of those previously specified acts
17. (q)Any other activities deemed inappropriate
(2)In the event that a user has damaged our company by violating the preceding items, they will be liable for compensation of damages as stated in Article 22.

Article 15 (Elimination of Anti-social Forces)

We, if the customer falls into any of the following categories, shall be able to discontinue service without any notification to the customer.

(1)Organized crime groups, gangsters, affiliated parties to gangsters, gang-related companies, racketeers, and other anti-social forces (referred to as “organized crime” below)
(2)In the event that a user’s actions are likely to interfere due to their own actions or that of organized crime, violent acts, deception, threatening rhetoric, etc.
(3)In the event of unreasonable demand of our company by the user or organized crime threatening damage to reputation or denial of service

Article 16 (Interruptions to Our Service)

We, in the event that any of the following occurs, can interrupt, without prior notice to the user, the provision of all or part of this service.

(a)If we are performing regular or emergency maintenance or inspection of equipment, etc., necessary for providing this service
(b)If the provision of this service becomes difficult due to fire, power outages, sabotage by a third party, etc.
(c)If the provision of this service becomes difficult due to natural disasters, etc.
(d)If the provision of the service has become difficult due to equipment failure, etc., necessary to provide this service
(e)If the use of telecommunications services becomes difficult due to the services provided by the telecommunications operator
(f)Other reasons determined necessary for the interruption of this service

Article 17 (Disclaimer and Non-Guarantees)

(1)We will not be responsible for any damages, loss, etc., suffered by users incurred while using this service, regardless of the cause.
(2)We will not be responsible for any damages or loss incurred by users due to third parties or other users.
(3)In the event of a dispute between a third party and a user (including, but not limited to, other uses and advertisers) the user shall solve this at their own risk and/or expense.
(4)If our company solves the proceeding conflict, all expenses incurred during the process (including, but not limited to, reasonable attorney fees) shall be the user’s burden.
(5)Our company does not assume any responsibility if a contract organization posts data to our website without permission, or with regards to the photographing and publishing of user and third party rights, infringement of copyrights and other rights. It is assumed that the organization will solve these matters.
(6)We do not assume any responsibility for damages or loss to a user or third party due to any accidents in the delivery of goods.
(7)We shall have fulfilled our obligation for the delivery of goods if we shipped it to the specified destination at the time of purchase, even if they are not received due to refusal, user absence, moving, or other reasons.
(8)Our company will not assume any responsibility, with the exception of Article 10, Paragraph 1, for damages and losses incurred by the user in relation to the goods as long as product quality, quality retention period, and the data is consistent with that on our website.
(9)Our company shall not bear any responsibility for damages or loss the user has suffered during use of this service based on Article 6, Section 10 for canceling of buying and selling contracts, changes to this service based on Article 11, abolition of this service based on Article 12, restriction of service based on Article 13, Paragraph 1, interruption of service based on Article 16, and changes of these terms based on Article 24.
(10)We guarantee the operation of any equipment or software used by the user.
(11)Our company will not make any guarantees for costs generated during the use of this service in relation to telephone or other communications charges. It is assumed that the user will take responsibility.
(12)We do not assume any responsibility for damages or loss to a user or third party, including those in the preceding items.

Article 18 (User Information Changes)

(1)It is assumed that users will immediately report changes to their information through the methods prescribed by our company.
(2)If a user does not notify us of changes as prescribed in the preceding item, we will not be responsible for damages or loss incurred by the user such as delays in the provision of service, non-delivery, breaches, etc.

Article 19 (Notifications from Our Company)

(1)Our company may notify users of necessary matters at any time by any method we deem appropriate such as posting on our website, emailing, fax transmissions, etc.
(2)The preceding notifications shall be posted by our company on our website, by email, or through fax, to the email address or fax number provided when registered.

Article 20 (Intellectual Property Rights, etc.)

It is assumed that our data and information related to this service, program, etc. (including, but not limited to, video, audio, text, photos, images, etc.), industrial property rights, copyright and intellectual property rights, know-how, all third party designated matters (referred to as “our company, etc.” below) unless otherwise specified is not to be used outside of this service by users without obtaining prior consent from our company.

Article 21 (Prohibition of Transfer of Rights and Obligations)

(1)Users that agree to these terms understand that some or all of the information provided in this service may be transferred to third parties, but they will be allowed to sell or rent information.
(2)Our company shall be able to transfer monetary claims against users under these terms for billing, collection, receipt commissions, and transferring of receivables to a third party.

Article 22 (Damages)

In addition to the specifics set forth in this agreement, users who intentionally or negligently violate this agreement and/or have caused our company to suffer damages due to unauthorized or illegal activities are immediately responsible for the compensation of all damages (including, but not limited to, attorneys’ fees).

Article 23 (Application of this Agreement)

(1)These terms shall be applicable to the use of this service.
(2)Our company will make arrangements for these terms and provisions separately as stipulated. Additionally, regardless of the subject, our company shall constitute the terms.
(3)If the rules and regulations, etc., of this agreement differ, it is assumed that contents of the provisions will be applied in priority.
(4)Per Article 21, we will notify users of changes to these terms.

Article 24 (Changes of Terms)

(1)It assumed that our company may change or revise this agreement at any time without the user’s consent. In the event of a change or revision, these terms will be changed or revised in accordance with the following.
(2)After these terms have been changed or revised, our company will notify the user as is prescribed in Article 21.
(3)Due to the preceding item, it is assumed that users may not file as being ignorant or non-compliant to these changes and revisions.

Article 25 (Discussion Resolution, Jurisdiction, and Governing Law)

(1)If a dispute arises between our company and the user in relation to these terms or this service, users and our company shall have a discussion in good faith.
(2)If the user and our company cannot reach a solution through the discussion in the preceding item, it is assumed users agree to a resolution through litigation at the Saitama Summary Court or Saitama District in accordance with the first instance of exclusive jurisdiction.
(3)These terms shall be compliant to interpretation in Japanese law.

Article 26 (Regarding the Consumer Contract Act)

If these terms contradict the Consumer Contract Law (May 12, 2000 No. 61 referred to below as “consumer contract law”), these terms and conditions shall not take effect. Additionally, those terms which do not take effect by statement 1 due to contradiction or conflict with consumer contract law, it is assumed that other parts of these terms and conditions will survive without any influence.

Article 29 (Survival Clause)

Even if a user terminates their contract after use, the following provisions are still in effect: Article 4, Article 6, Section 5&6, Paragraph 8, Article 8, Paragraph 2, Article 9, Article 10, Article 13, Article 14, Paragraph 2, Article 17, Article, 18 Paragraph 2, Articles 19 through 23, the second and third terms of Article 24, the second and third terms of Article 25, and Article 26.