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Service Terms of Use (Consent)

These Terms prescribe the various conditions for the use of the Service and the Software. The Service is operated and provided by DEPARTURE Inc. (hereinafter referred to as "the Company"). Please use the Service upon agreed to the these Terms of Use.

Article 1 (Terms of Use)

  1. These Terms of Use (hereinafter referred to as "these Terms") shall be applied to all matters between all users in relation to the Company and the use of the Service.
  2. The User, in addition to these Terms, shall use the Service upon agreeing to the content of the various terms prescribed by the Company (hereinafter referred to as "Individual Terms"). It should be noted that in the event of there being a difference in the provisions of these Terms and the Individual Terms, the provisions of the Individual Terms shall be applied with precedence.
  3. The User, when using the Service, shall bear the obligation to comply with these Terms, the Individual Terms, as well as the usage guide for the Service (hereinafter collectively referred to as "these Terms, Etc.").
  4. Even in the event of any of the provisions of these Terms, Etc., being invalid, the remaining provisions shall remain in effect.

Article 2 (Revision of Terms)

  1. These Terms, Etc., may be changed at any time, at the discretion of the Company, without prior notification to the User. The revised version of these Terms, Etc., shall enter into effect at the time they are displayed by the Company on the Service or in the Software.
  2. The User shall bear the obligation to regularly check the content of the latest version of these Terms, Etc. The User shall be deemed to have agreed to the revision of these Terms, Etc., at the time of use of the Service after said revision.
  3. In the event of the User incurring damage due to a change of these Terms, Etc., the Company shall not bear any responsibility for such damage, regardless of whether direct damage, indirect damage, or whether or not the occurrence could have been foreseen. However, this shall exclude cases where such damage was caused by the intent or gross negligence of the Company.

Article 3 (Definitions)

  1. The definition of terms used in these Rules shall be as set forth in each of the following items.
    1. "The Service": Refers to the photo shoot intermediary platform provided by the Company on the internet and in the mobile application software.
    2. "The Software": Revers to "fourtrive", which is the mobile application software required for use of the Service.
    3. "User": Refers to an individual or corporate entity who has followed the designated procedures on the Service, and who has had their registration approved by the Company.
    4. "Requestor": Refers to a User who has requested a photo shoot on the Service.
    5. "Photographer": Refers to a camera person that conducts photo shoots on the Service.
  2. Terms other than those prescribed in the items of the preceding Paragraph shall be defined in the respective clauses of these Terms as necessary and appropriate.

Article 4 (Member Registration)

  1. Membership registration and login on the Service may be performed through the use of a Facebook or Twitter account ID. The Company shall only obtain the Facebook ID / Twitter ID (hereinafter collectively referred to as "SNS ID") that is required for the creation of the account, as well as the name, email address, and telephone number, which are needed for the provision of services. No other information shall be obtained without the express consent of the User. The User shall manage such SNS login accounts at their own responsibility.
  2. Persons that may register as members are limited to the individual who will become the User (in the case of a corporate entity, a person with the authority to enter into external contracts), and no registrations performed by a person other than the end user will be accepted.
  3. The person that performs the membership registration procedures shall guarantee that the entered registration information is completely true and accurate.
  4. The User shall bear responsibility to manage and amend the registration information so that, in the event of a change to the registration information, the registration content is immediately revised, and is always accurate information of the User.
  5. Disadvantage caused due to the inaccuracy of registration information, etc., shall be borne by the User at their own responsibility.
  6. The conditions for membership registration to the Service are as set forth below.
    1. Agreement to these Terms, Etc.
    2. Aged 18 or over.
    3. In the case of a minor aged 18 or over, the consent of a legal guardian has been obtained to become a member and to use the Service in accordance with these Terms, Etc., prior to membership registration.
    4. Hold an email address.
    5. Not an existing user of the Service.
    6. Is not an antisocial force, has not been an antisocial force in the past, has not used an antisocial force, and its main investors and officers are not members of an antisocial force.
  7. The Company may refuse registration as a user if an individual or corporate entity that has performed the membership registration falls applicable under any of the following items. In addition, the Company, in the event of discovering that a User falls applicable under any of the following items after membership registration, may revoke the membership registration, suspend use of all or a part of the Service, or take other measures, without prior notification to the User.
    1. In the event of not meeting, or no longer meeting, the qualifications and conditions for membership registration.
    2. In the event of false information being discovered in the entered registration information.
    3. In the event of being unable to receive notifications from the Company.
    4. In the event of having performed an act that is in violation of the law or these Terms, Etc.
    5. In other cases where the Company deems that the registration of that user is inappropriate.
  8. Users who wish to register as Photographers, upon conducting an interview with a manager from the Company separately, shall submit a signed contract as specified by the Company (this process is hereinafter referred to as the "Photographer Registration Process").
    The Company may outsource the Photographer Registration Process to BETOP STAFF.
  9. Registration information and information of the User that is obtained by the Company in the Service shall be handled in accordance with the separately prescribed Privacy Policy; the User agrees to this.
    Additionally, in the event that BETOP STAFF conducts the Photographer Registration Process, the Photographer shall consent to providing said company with all necessary personal information for said process.
  10. In the event of a User wishing to cancel their membership, said User shall follow the designated procedures. However, such a User may not withdraw their membership if a contract that said User has established as the Requestor has not been completed.

Article 5 (Content, Etc., of the Service)

  1. The Service shall provide to Users a platform to facilitate the conclusion of subcontracting arrangements (hereinafter referred to as "the Contract"), by providing a place for the sharing of information about requests for work related to photography.
  2. This Contract is formed between the Photographer and the Requestor directly. The Company is not a party to this contract. The User shall act at their own risk with regards to the conclusion, execution, termination, or cancellation of said contract.
  3. In the event of the User executing a contract through the use of the Service, this shall not be construed as the Company entering into an employment relationship through the Service.
  4. The company shall not conduct any quality assurance, make any guarantees, nor bear any responsibility for any fault in regards to the execution of the photography work carried out by the Photographer on the basis of this Contract, or for the product of said work.
  5. In the event of information registered by the User being contrary to the fact, or in the event of the User performing an act that violates these Terms, Etc., the Company may delete the registered information without notice. However, this shall not be construed as the Company bearing the obligation of deletion, or bearing the obligation to guarantee that the registered information is not contrary to the fact.
  6. The "meeting place" displayed on the ticket does not indicate that the Photographer is at said "meeting place."

Article 6 (Establishment of a Contract)

  1. A Contract shall be executed between the Requestor and the Company at the time that, on the Service, the Contract conditions, such as the date and time of the photo shoot, the photo shoot location, and remuneration, etc., have been confirmed, and the intent to implement this in accordance with said content has been mutually confirmed.
  2. In the event that the Requestor possesses a coupon issued by the Company, the Requestor shall use the coupon before concluding this contract. After the conclusion of this Contract, coupons may no longer be used.
  3. The Company and the Photographer, based on the established Contract, shall bear the obligation to the Requestor to complete the performance of the photo shoot business, and to provide the photo data (hereinafter referred to as "the Photograph in Question"), which is the deliverable.
  4. The Requestor, based on the established Contract, shall bear the obligation to the Company, in regard to the performance of the business by the Photographer, to conduct an inspection on the deliverable, and to pay the remuneration.
  5. In the event of disputes arising between Users with regards to the fulfillment of this Contract, the Users shall resolve these disputes among themselves. The Company shall not bear any responsibility for any item in this Contract.

Article 7 (Service Charges)

  1. The price that the Requestor pays at the time of the conclusion of this Contract shall include the price of the execution of the photography work, and the price of one copy of the Photograph in Question.
  2. The Requestor, in using this Service, understands that additional charges will be incurred for each copy of the Photograph in Question. For further information, the Requestor shall check the schedule of fees provided separately by the Company.

Article 8 (Payment)

  1. Payments for the use of the Service shall be made through a credit card held in the name of the User
  2. The payment procedures shall be in accordance with the various conditions separately prescribed by the User's credit card company. It should be noted that in the event of a dispute arising between the User and their credit card company, this shall be resolved between the parties concerned, and the Company shall not bear any responsibility.
  3. The User agrees that, in regard to payment, Stripe Japan Co., Ltd., will provide a settlement service for usage fees on the Service on behalf of the Company.
  4. Payment of moneys relating to a contract shall not be accepted by any method other than the settlement service specified by the Company.
  5. It is prohibited for the User and Photographer to directly pay and receive remuneration relating to a contract.
  6. The Company shall bear no responsibility for any payments made between Users after the completion of the payments based on this article.

Article 9 (Payments to Photographers)

  1. The Photographer shall entrust work related to payments (including the withholding of tax) to BETOP STAFF, and shall agree to provide the same company with all necessary personal information for the carrying out of this work.
  2. The Company, on the condition that an inspection of the deliverables has been completed by the Requestor, shall pay the Photographer the amount of the service fee received from the Requestor, less the processing fee determined separately by the Company. Payment will be made through BETOP STAFF by the last day of the month following the month in which the inspection is completed. Additionally, in the event that tax withholding is required, the Company shall pay the amount less any withheld tax.

Article 10 (Refunds etc.)

  1. In the event that, after the completion of the transaction set out in article 8, this Contract is canceled by the user, coupons shall not be reissued, as no refunds shall be made.
  2. If any of the events described in the following items occur, the Company shall perform a refund procedure, or, in the event that a coupon was used, reissue a coupon, provided that the user promptly notifies the Company, and the company is able to perform an investigation to verify the facts.
    1. The work cannot be carried out due to the actions or circumstances of the Photographer.
    2. The work cannot be carried out due to a malfunction in the Software.
  3. In the event that the Company, having made contact with the payment agency in an attempt to carry out the refund process, finds that this process cannot be completed, the Company shall carry out the refund by a different method, which shall be proscribed separately.

Article 11 (Prohibitions)

  1. The Company prohibits the acts set forth in each of the following items. In the event of the User having performed an act that falls applicable under any of the following items, the Company shall deem this a violation of these Terms, regardless of the presence or absence of intent or negligence on the part of the User, and may revoke the membership registration of said User.
    1. An act that violates these Terms or the law, an act connected to a crime, such as fraud, or an act that recommends or encourages the performance of such a crime.
    2. An act that is contrary to public order and morals (includes the transmission or posting of information that encourages, or which may trigger, an act of violence, or that encourages double suicide). Other nuisance acts.
    3. An act relating to or resembling a dating service.
    4. An act relating to a law-evading drug (also known as legal drugs).
    5. An act that violates, or which may violate, an intellectual property right, such as copyright or trademark right, of the Company, another user, or a third party.
    6. An act that violates, or which may violate, the property, privacy, or portrait rights of another user or a third party.
    7. An act of requesting a photo shoot despite not having the intent to follow through.
    8. An act that intimidates another user.
    9. An act that violates the property rights (includes intellectual property rights), portrait rights, honor, privacy, or other rights of a third party.
    10. An act in which the Service is used with the objective of companionship with another person.
    11. An act which causes the reputation of the Company or the Service to decline
    12. An act in which a link is posted on the Service's bulletin board, etc., to a website that damages the credit of the Company or the Service, or other website that the Company determines at its discretion to be inappropriate
    13. An act relating to election activities
    14. An act relating to money laundering
    15. An act that deviates from the objectives of the Service
    16. An act in which information by which an individual could be identified if seen by a third party, such as the name, address, telephone number, and email address, etc., of a specific individual, is provided to a third party.
    17. An act in which a single user registers as a member multiple times.
    18. An act in which membership registration is performed on behalf of a member who has lost membership eligibility. or who has had their membership disabled
    19. An act of discrimination or slander against another user or a third party, or an act that damages the honor or credit of another party.
    20. An act in which accessible information of the Service or another party is tampered with or deleted.
    21. An act in which the Company or a third party is impersonated (includes the act of designing an email header, etc., that is intended to deceive).
    22. An act in which a harmful computer program, etc., is transmitted, or in which it is left in a state where another person could receive it.
    23. An act in which an email or message that includes advertising, publicity, or solicitation, etc., or an email containing obscenity, etc. (includes email, etc., that may be considered as such), is sent to another party without their permission. An act that hinders the receipt of emails, etc., of another party. An act in which the transmission of chain emails, etc., is requested, or the act of forwarding such an email, etc., in response to such a request.
    24. An act in which the equipment of another party or the equipment used for the Service (refers to communications equipment, computers, and other devices and software prepared for the provision of the Service by the Company, hereinafter the same) is accessed without authorization, or in which a port scan or DOS attack is performed, or mass email are transmitted, etc., and through this hindrance is caused to the use or operation of such equipment, or such hindrance may be caused.
    25. An act in which information, devices, or software, etc., are distributed in order to release or avoid the access control function of the server, etc.
    26. An act in which the membership registration of another party is obtained without the consent of the party concerned, or through fraudulent means (includes phishing and similar means).
    27. An act that causes hindrance to the operation of the Service.
    28. An act in which calls of a long length or repeated inquiries with the same content are sent to the Company, or in which a demand is made for which the Company has no obligation, or in which significant hindrance is caused to the business of the Company.
    29. An act of directly contracting a photographer other than through this site, solicitation of such an act, or responding to such a solicitation (this includes the conclusion of any contract outside of this Service with a User previously subject to the Contract through this Service, after the conclusion of said contract).
    30. An act of solicitation of a product or service other than the Service.
    31. Any other act that is deemed inappropriate by the Company.
  2. In the event that the User has performed any act corresponding to the previous items, the User shall personally bear all responsibility related to said act. Furthermore, in the event that through said act the User causes damages to the Company, other Users, or third parties, the User shall compensate said damages on their own responsibility and at their own cost.

Article 12 (Attribution of Intellectual Property Rights, Etc., Relating to the Service)

All intellectual property rights such as copyright and other rights relating to images, tests, and programs, etc., created, provided, or posted by the Company on the Service shall be attributable to the Company, and shall be protected by laws, including the Copyright Act.

Article 13 (Rights Relating to the Deliverables of this Contract)

  1. All intellectual property rights such as copyright and other rights relating to the photographs delivered to the Requestor on the basis of the Contract shall reside with the Photographer who took said photographs. However, the Photographer shall provide the Photographs in Question only for use by the Requestor and this Service, and will not provide the photographs to any third party. In the event that the subject of the photographs possesses any image rights, publicity rights, trademarks, copyright, or any other third party rights, the Photographer shall obtain permission for the use of said rights from the rights holder, and shall ensure that said third parties' rights are not infringed.
  2. The Photographer shall authorize the the Requestor to use the Photographs in Question delivered for personal purposes (this includes copying, reproduction, alteration, editing, distribution to third parties, publication by uploading to personal websites managed the Requestor, or uploading to social media).
  3. The Photographer shall authorize the reproduction, editing, and publication on the Service's platform, website, or social media of the Photographs in Question, the use of which the Requestor has explicitly consented to (hereinafter referred to as "approved photographs").
  4. The Photographer shall not exercise their moral rights in response to use of approved photographs by the Company, by the Requestor, or by parties indicated by the Requestor.
  5. The Requestor shall not make claims based on the image rights, privacy rights, or publicity rights of the subject, with regards to the use of approved photographs by the Company. However, the Requestor may at any time give notice to the Company as per the information listed in the "Contact Information" section of the Software, in order to withdraw their approval for the use of approved photographs.

Article 14 (Compliance)

  1. The User, when using the Service and performing a Contract with another user, shall adhere to applicable law.
  2. The Company shall not make any guarantees or bear any responsibility for compliance by the User.

Article 15 (Confidentiality)

  1. The User shall strictly handle as confidential and with the duty of care of a prudent manager all personal information of the User that is learned over the course of negotiations for and the performance of a Contract, information disclosed by the other party to a Contract that is indicated to be confidential, and all information relating to requests made by other users (hereinafter collectively referred to as "Confidential Information"), and must not disclose or leak such information to a third party.
  2. Notwithstanding the provisions of the preceding Paragraph, information which the User can prove to fall applicable under any of the following items shall be exempt from the obligation of confidentiality prescribed in the preceding Paragraph. However, only Item 7 shall be applicable to personal information.
    1. Information that was already publicly known prior to receipt from the other party
    2. Information that became publicly known after receipt from the other party, for reasons not attributable to the receiving party
    3. Information that was already held prior to receipt from the other party
    4. Information that was obtained from a third party with legitimate authority after receipt from the other party without the bearing of the obligation of confidentiality
    5. Information that it has independently developed
    6. Information for which the other party has provided prior written consent for disclosure to a third party
    7. Information that is obligated to be disclosed, etc., by law or order of a court, etc.
  3. The Company shall not make any guarantees or bear any responsibility for the performance of the obligation of confidentiality under Paragraph 1 by the User.

Article 16 (Prohibition of Transfer)

The User must not allow succession, transfer, or provide as collateral to a third party, or dispose of in any other manner, its contractual position under these Terms, Etc., or all or part of its rights and obligations under these Terms, Etc. However, this shall exclude cases where the prior written approval of the Company has been obtained.

Article 17 (Responsibility of the User)

  1. The User shall bear full responsibility for all acts performed by the User through the use of the Service (includes acts of a third party that can be considered acts performed by the User), as well as the results thereof. The User, in the event of causing damage to the Company, another user, or a third party through the use of the Service, shall compensate for said damage at its own responsibility and expense.
  2. The User, in regard to the SNS ID and telephone number (hereinafter collectively referred to as "ID, Etc.") registered to the Service, shall appropriately manage these at its own responsibility, and shall take measure to prevent the theft of the ID, Etc. The User shall bear responsibility for damage caused by insufficient management of the ID, etc., erroneous use, and use by a third party, etc., and the Company shall not bear any responsibility for such damage incurred by the User. The User, in the event of discovering that the ID, Etc., has been lost, misused, used by a third party, or there being a concern that this may be the case, shall immediately notify the Company of this, and shall act in accordance with the instructions provided by the Company.
  3. The use of the Service shall require connection to the internet. The User shall prepare the devices, communication line software, and all other means required for use of the Service (hereinafter referred to as "Devices, Etc.") at its own responsibility and expense.
  4. The Company shall not make any guarantees or engage with the preparation, installation, and operation of the Devices, Etc., prescribed in the preceding Paragraph, and shall not provide support to the User. In addition, the Company shall not guarantee that the Service will be compatible with all kinds of Devices, Etc.
  5. The User shall use the Service with the understanding that it will go through various networks and devices over the course of the use of the Service, and that depending on the network and type of equipment, etc., used for connection, the content of data and signals, etc., may be changed in order to connect to these and to pass through these.

Article 18 (Violation of a Contract, Etc.)

  1. The Company, in the event of determining that an act of the User is in violation of a Contract, Etc., at the discretion of the Company, and without any notification to said User, may take the necessary measures including the temporary suspension of use of the Service, the termination of the membership registration, or the deleting of all or a part of information posted on the Service or posted to the electronic bulletin board.
  2. The User may not make any claim for compensation to the Company for any damage incurred due to the measures taken by the Company based on the preceding Paragraph (includes the loss of data). Even in the event of the Company not being waived from liability to compensate for damages due to the application of the Consumer Contract Act or other reason, the responsibility of the Company shall be limited to the damage incurred by the user due to default or tort caused by the intent or gross negligence of the Company, and which is direct and normal damage that has actually been incurred.
  3. The User, in the event of the Company incurring damage (includes where damage is incurred by a third party, and the Company has compensated for this damage) due to a violation, etc., of these Terms, Etc., by the User, shall bear responsibility to compensate the Company for all damage that it has incurred.

Article 19 (Disclaimer)

  1. The Company shall not bear any responsibility for any disadvantage or damage incurred by the User due to the use of the Service, including disadvantage or damage, etc., incurred due to the cancellation of the User's membership registration, the leaking of the ID, Etc., by the User to a third party, the leaking of confidential information by the User, malfunction or interruption, etc., of the Service's systems, or the leaking or loss, etc., of data.
  2. In the event of the User causing disadvantage or damage to another user or third party through its use of the Service, the User shall compensate for this at its own responsibility and expense, and the Company shall not bear any responsibility for such disadvantage and damage.
  3. The Company shall not manage contracts made between Users of this Service, nor shall it bear any responsibility for any losses or damages born of these Contracts.
  4. In the event of personal information, etc., being included in messages transmitted or received on the Service or the results, the Company shall not bear any responsibility for disadvantage or damage incurred by the User due to this.
  5. The Company shall not guarantee the identity of Users, nor shall it guarantee that Users will execute their obligations under this Contract.

Article 20 (Protection of Personal Information)

The Company shall appropriately handle personal information and information similar to this based on the separately prescribed Privacy Policy.

Article 21 (Suspension, Changing, and Ending of the Service)

  1. The Company, in the event of determining that the provision of the Service is difficult due to system malfunction or maintenance, natural disaster such as blackout or fire, or for other technical or operational reasons, may suspend the Service without providing prior notice to the User.
  2. The Company, upon providing a notification on the Service at least two weeks in advance, may change or end all or a part of the Service.

Article 22 (Contact Method)

  1. In the event of the Company notifying or contacting the User, the Company shall send the notification or communication to the registered telephone number, and the notification or communication shall be deemed to have been made by the Company to the User by this.
  2. The User, in principle, shall contact the Company through email or the use of the inquiry form. Contact by telephone and site visits are not accepted.

Article 23 (Governing Law, Jurisdiction)

  1. The governing law relating to these Terms shall be the law of Japan.
  2. Tokyo District Court shall be the agreed court of exclusive jurisdiction in the first instance for any litigation, etc., that is required between the Company and the User in relation to the Service.

End