Terms of Use｜Creators Nagaya

Article 1 (Introduction)

This usage policy pertains to all users of the Creators Nagaya website.
This usage policy describes the required terms and conditions pertaining to using the Creators Nagaya website
This usage policy will regard all users as agreeing to the following terms and conditions.

Article 2 (Definition)

Terms and conditions are decribed in the following points.

The website known as "Creators Nagaya" refers to the website http://www.creatorsnagaya.jp/nagaya/
"Service" refers to all services occuring at the Creators Nagaya website. These services are devided into the following 3 categories: "Nagaya," "Gallery," and "Gallery Shop." The "Gallery Shop" services are available only to users within Japan.
Services not described in this usage policy will be covered in a case-by-case basis.
To use the "Nagaya" services, registration is required. To upload one's own data to the "Gallery," registration is required. Registration will be required for "Gallery Users," users making purchases within the "Gallery" and/or "Gallery Shop."
"Registraion Mail Address" refers to the user's address at which updates and informational messages may be sent.
The registration password is used for security and to ensure the user's identity.
"Nagaya Information" refers to any and all data input from users to the Nagaya website, including photos and journal entries.
"Uploads" refers to the action of inputing any and all data from users to the Nagaya website, including photos and journal entries.
"Gallery Information" refers to contents uploaded for the sake of beign shown to users.
"Gallery Shop" refers to the area in which users can purchase and download content.

Article 3 (Range of Usage Policy)

The Creators Nagaya website is covered by this usage policy as well as the terms and conditions described in a related usage policy.
In the instance of a dispute between the two usage policies, the terms and conditions described in this policy are to be followed.

Artricle 4 (Changes to Usage Policy)

Terms and conditions pertaining to the Creators Nagaya website are subject to change.
Changes become effective when changes are made to the Creators Nagaya website.
Revised usage policies will regard all registered users as agreeing to the changed terms and conditions.

Article 5 (Personal Information Usage)

The usage of registered users' personal information is covered by the the Creators Nagaya website "Privacy Policy."

Article 6 (Private Correspondence)　

Users' private correspondences are protected under the Telecommunications Business Act, Article 4.
本サイトは、次の各号に掲げる場合には、当該各号に定める範囲内において前項の守秘義務を負わないものとします。
- (1)刑事訴訟法（昭和23年法律第131号）又は犯罪捜査のための通信傍受に関する法律（平成11年法律第137号）の定めに基づく強制の処分又は裁判所の命令が行われた場合　当該処分又は裁判所の命令の定める範囲内
- (2)法令に基づく強制的な処分が行われた場合　当該処分又は命令の定める範囲内
- (3)特定電気通信役務提供者の損害賠償責任の制限及び発信者情報の開示に関する法律（平成13年法律第137号）第4条に基づく開示請求の要件が充足されたと本サイト事務局が判断した場合　当該開示請求の範囲内
- (4)他人の生命、身体又は財産の保護のために必要があると運営事務局が判断した場合　他人の生命、身体又は財産の保護のために必要な範囲内

Article 7 (User Registration)

Approved users aged 15 years old and above may register to the Creators Nagaya website.
Compositions uploaded to the Creators Nagaya website require approval and must be uploaded by users residing within Japan. However, students of Osaka Sogo College of Design and related persons residing within Japan will automatically be approved.
The registration of "Gallery Users" is dependent upon the following the usage policy.
Usage of the "Nagaya," "Gallery," and "Gallery Shop" require the user's agreement to the usage policy.
Registered accounts must be used only by the original user and not be shared with other parties.

Article 8 (Refusal of User Registration)　

If any of the following conditions applies, user registration will be refused.

Applicants not following the requirements of Article 7 part 2.
Applicants who were previously users, expelled for betraying the usage policy.
Applicants found to be otherwise unsuitable by the main office.

Article 9 (Withdrawal)

In the event of a user wishing to cancel their registration, an application of withdrawal must be sent. Withdrawal is not effective immidiately, but only after the application has been processed.
User registration will be withdrawn without the approval of the user if any of the following conditions apply. Possible damages or loss occuring from such withdrawl are not the responsibility of the main office.
- ( 1 )Users betraying Article 12 of the usage policy.
- ( 2 )Users registering with false information.
- ( 3 )Users registering for a third party.
- ( 4 )The death of the user.
- ( 5 ) Users not fulfilling their agreements in the transactions of money or goods.
- ( 6 ) Users causing a disturbance to other users.
- ( 7 )Users uploading adult photos or any other forms of indecent content.
- ( 8 )Users obstructing or interfering with the Creators Nagaya website.
- ( 9 )Users found to be unsuitable by the main office.
In the event of a user registration cancellation, a notice or reason will not be sent out.
In the event of a user registration cancellation or withdrawl, agreements concerning the transactions of money or goods no longer apply.
In the event of a user registration cancellation or withdrawl, all user priviledges are revoked.

Article 10 (Site Services)　

Registered users are priviledged to the following services. However, any cost of using an internet or mail service, etc, used to view the Creators Nagaya website is not our concern.
Services are subject to change without the users' knowledge.

Article.１１　（Registered User Rights）　

Those wishing to become registered users must follow the regulations of this usage policy and related documents.
Registered users may make use of the following services at the Creator Nagaya website.
( 1 ) The ability to send messages within the Community of the Creators Nagaya website.
( 2 )The ability to upload one’s own compositions to the Creators Nagaya website Gallery Shop.
( 3 )The ability to write in a diary page in the Diary section of the Creators Nagaya website.
( 4 )The ability to send and receive messages to/from other registered users of the Creators Nagaya website.

Article１２　（Prohibited Behavior）

The following behavior is prohibited from registered users at the Creators Nagaya website. When these regulations are not followed, compositions will be removed, user registration will be deleted and website access denied. Legal action may also be taken.
- ( 1 )Trespassing of the design and layout of the Creators Nagaya website and/or the copyrighted material of other users, as copyrighted and intellectual property.
- ( 2 )The taking, reprinting, or reusing of the Creators Nagaya website and the other user's designs, information, etc.
- ( 3 )When the cases of A or B may have taken place.
- ( 4 )Writing or promoting falsehoods or libel about the Creators Nagaya website or other users.
- ( 5 )Fraud within the Nagaya website.
- ( 6 )The possibility of the breaking of laws or committing of crimes having taken place.
- ( 7 )Obscenities, indecency, pornography, child abuse, etc, which break Japanese law and/or Osaka ordinances and/or the website usage policy, including the following:
- ( a ) Text or photos contributed to the Creators Nagaya website
- ( b ) Information transmitted through e-mail or the Creators Nagaya website
- ( 8 )The promotion of suicide or drug abuse.
- ( 9 ) Uploading the following content to the Creators Nagaya Website:
- ( a ) The character assassination of other people.
- ( b ) Any information identifying the name, address, company name, phone number, etc, identifying any user (Including information which can be found in the uploading of a photo)
- ( c ) The promotion of falsehoods or questionable information.
- ( d ) The bad-mouthing of the maintainers of the Creators Nagaya website.
- ( 10 )Lying about the maintainers of the Creators Nagaya website.
- ( 11 )Trying to acquire 2 or more ID numbers.
- ( 12 )Information for the purpose of commercial advertisement or commercial publicity（excepting those with special permission from the main　office）、or the the linking to affiliates、chain-mail, MLM, adult sites, one-click sites, virus sites, etc.
- ( 13 )Behavior leading to discrimination based on sex, age, race, ethnicity and ideology.
- ( 14 )Behavior beyond the usual server that impairs network management and systems.
- ( 15 )Rewriting the system information of Creators Nagaya.
- ( 16 )Acts such as sending or posting harmful viruses to attach to computer programs.
- ( 17 )Law, privacy policy violations, or actions infringing upon the rights of others.
- ( 18 )Any acts found to be otherwise unsuitable by the main office.

Article１３　（Intellectual property）　

Photos and content within Creators Nagaya are copyrighted and protected by intellectual property laws and treaties. Permission to use content or intellectual property may be given by the main office. The text or images contained on this website or this site, secondary use, framing, link, download, transmit, processing, adapting, creating derivative works of, loaning, selling, transferring, distributing, displaying, screening, must have agreed to do a sub-license license. In addition users agree not to user data extraction methods such as data mining, robots, or similar data gathering and imaging methods.

Article１４　（Announcement or advertisement in Creators NAGAYA）　

Creators NAGAYA main office can use pictures, images, and contents uploaded by registered users free of charge for announcements of Creators NAGAYA service or for the use of promotional purposes.

Article １５　（image copyright and delete of images）

Rights to uploaded images are held by that registered users.
When images are found to be socially inappropriate, NAGAYA creators may delete the image. Examples of inappropriate images may include the following.
- ( 1 ) Characters, art, posters, advertising brand trademark logos, CD / DVDs, photobooks, etc.
- ( 2 ) The drawn likeness of an identifiable person drawn without permission to use images.
- ( 3 ) The drawn likeness or photos of theme parks, shopping facilities, cemeteries, temples, etc, without a license.
- ( 4 ) Images that contain graphic violence, or obscene expressions.
- ( 5 ) Socially inappropriate images.
- ( 6 ) Any image found to be otherwise unsuitable by the main office.
Even if the image is downloaded and sold, except when purchasing the copyright, the copyright is owned by the creators.
This site reserves the rights of copyright and other intellectual property rights. All images and information have been obtained from a licensed owner or administrator of these rights.
Improper use of social networking, including images used to slander or damage the reputation and trust of a third party.

Article１６　（Possible Fees）

Downloading images when purchasing work in the gallery shop, users may use one of the following payment methods.
- ( 1 ) ＰＡＹＰＡＬ
- ( 2 ) Bank Wire Transfer(Japan Domestic only)

Article１７　（Image Content）

Users will acknowledge all of the content and images downloaded at the time of purchase. Purchases are final.

Article１８　（Return and Exchange Policy）

Due to the nature of digital data, users purchasing any image, regardless of the reason, cannot refuse payment or request a refund.

Article１９　（Range of work available, use prohibitions）

The downloading of images from the gallery shop is for personal use only, and the reprint or publishing on the Internet or transfer to a third party for commercial processing, etc, is prohibited.
Downloaded images in this gallery shop, if you want to use for the purpose of commercial reproduction process, the license must be obtained by contacting the Secretariat website.
Users are NOT allowed to use photos or images purchased from Gallery Shop for the following purposes:
- ( 1 ) Use of indecent purposes
- ( 2 ) Actions lowering the reputation of the creator (libel, slander etc.) Usage related to any of the following: sex industry, sexual content porn, dating club, and mental illness and serious physical disability, substance abuse alcohol, tobacco, and other symptoms associated with aging, physical and mental violence, birth control, infertility, abortion, gambling, consumer finance, cosmetic surgery, religion, etc. (When unsure, please contact to the creators NAGAYA main office)
- ( 3 ) Usage in a contest or the exhibition of pictures.
- ( 4 ) Particular business image giving the impression that the use of that product or service is recommend. Other illegal, false or libelous content, including the posting of video, advertising, ads, etc. using the image.
- ( 5 ) Giving the image to third parties for its reproduction.
- ( 6 ) Using the photos or images for other purposes on the internet.
- (7) 画像を購入者が制作又は運営するWEBサイトにおいてダウンロードすることができるようにすること

Article２０　 (Registered User and Registered Creator User guarantee)

All claims of rights pertaining to information and images relating to a third party, quarrels, complaints, etc -- in the case of damages, including legal fees -- is not the responsibility of this website or it’s maintainers.
If, as in, Article 23, there is a legal claim against the Site by third parties, or a dispute amongst members causing damage or expense to this site (including attorneys' fees) the payment for such damages will be required.
Users agree that the Creators Nagaya maintainers do not assume responsibility for resolving any disputes or financial damages among users.

Article２１（Disclaimer）

Users agree that the Creators Nagaya maintainers do not assume responsibility for resolving any disputes or financial damages among users or third parties.
The Creators Nagaya website maintainers reserve the right to make claims of damage incurred by users.
NAGAYA Creators assumes no responsibility for the morality and legality of the information services and damages occurring within.
NAGAYA Creators assume no responsibility in relation to the problems detailed in the User Service Agreement: Fraud, unlawful activity, libel, invasion of privacy, threatening, harassing, etc, (including but not limited to these.)
If a user violates the rights of third parties, they resume any responsibility for its rights violations.
NAGAYA Creators is not responsible for any damages caused by computer system error, and assumes no obligation for compensation.
The NAGAYA Creators, have no obligation to compensate users for the damage caused by computers, network line, or software.
Creators NAGAYA assumes no obligation to compensate for damage caused by the changing the context of service, the content of services or the stopping of services.
Creators NAGAYA assumes no obligation to compensate for any damages caused by computer viruses, downloads from third party websites or services, computer access, or software.
本サイトは、前各項の他本サービスに関連して発生した損害について、一切の責任を負わないものとします。
本サイトは、長屋会員及び作者会員によって登録又は販売した画像などの情報を管理・保存する義務を負わないものとします。
本サイトは、長屋会員及び作者会員によって登録又は販売した画像などの情報について、適法性、正確性等に関し一切の責任を負いません。長屋会員及び作者会員によって登録又は販売した画像などの情報が、当該会員が所属する法人・団体等の内部規則等に関する適否についても、一切の責任を負わないものとします。
本サイトは、以下に掲げる場合には、当該画像等の情報の内容を閲覧したり、保存したり、第三者に開示すること（以下、本項において「閲覧等」と言います。）ができるものとします。本サイトは、それによって会員に生じたいかなる損害についても、一切責任を負いません。
- (1) 本サイトが画像等の情報を投稿した会員の登録メールアドレスに宛てて閲覧等の同意を求める電子メールを送信した場合であって、次の各号に掲げるいずれかに該当するとき。
- (a) 会員が閲覧等に同意したとき。
- ( b ) When a user does not reply to the e-mail requesting such an investigation within 7 days, except in an emergency situation.
- ( c ) In the case of the immediate need to find the cause(s) of technical problems.
- ( d ) in the case that public agencies -- such as courthouses, police, etc -- make a formal inquiry by law.
- ( e ) Usage policy violation.
- ( f ) In the case that a person's life, body, or property is perceived to be in urgent danger.
- ( g ) If it becomes necessary for the proper management of this site.

Article 22　（Suspension of Service）

Should the situation arise, the Creators NAGAYA may stop the operations of any user. The NAGAYA Creators shall not be liable for the interruption or suspension of services in the following situations:
- ( 1 ) In the case of maintenance -- emergency or regular.
- ( 2 ) In the case of computer failure at Creators NAGAYA.
- ( 3 ) Earthquake, volcanic eruption, flood, tsunami, and other natural disasters, war, riot, strike, fire, power outages, and other unforeseen incidents.
- ( 4 ) The interruption or suspension -- operational or technical -- if deemed necessary by the Creators NAGAYA mantainers.

Article 23　 (Consultation and Resolution)

Disputes arising between two or more users should be resolved peacefully amongst themselves.

Article24　 (Related Laws and Jurisdiction)

Any legal troubles related to Creators NAGAYA will be resolved under Japanese law.
Lawsuits occurring after the failure to resolve problems, as in Article 23, shall be under the exclusive jurisdiction of the Osaka District Court.

Creators Nagaya