Terms of Use of Thoughts Photo Japan

Article 1. Consent to Terms of Use

1. The Terms of Use apply to all relationships between the Customer, Asukanet and Partner Company involving the provision of photographing, photo image processing, clothes dressing (fitting, costuming), makeup, and hairstyling ("products") ordered with the use of the Service.

2. Asukanet may, in addition to the Terms of Use, establish other rules and provisions ("separate provisions") concerning use of the Service. These separate provisions, regardless of what they are called, will form part of the Terms of Use.

Article 2. Changes to Terms of Use

Asukanet, when it deems necessary, may supplement or revise the Terms of Use. Notifications from Asukanet to Customers will specify any changes to the Terms of Use, the content of the Terms of Use following the changes, and the effective date. Notifications will be provided via general postings associated with the Service or by other method deemed suitable for the Service. If, however, a change in content requires the Customer's consent for legal reasons, said consent will be obtained according to Asukanet's prescribe method.
After a change, the Terms of Use will go into effect as of the effective date.

Article 3. Handling of Personal Information

Asukanet will appropriately handle personal information that it acquires from use of the Service in accordance with the Asukanet "Personal Information Protection Policy."
When handling personal information as part of the Service, the Partner Company, from its officers to all of its employees, will comply with guidelines created by the competent authorities and other standards, based on personal information protection-related laws and the Personal Information Protection Act.

Article 4. Changes to the Service's Specifications

The Customer agrees that changes may be made to the Service's specifications without notice.

Article 5. Sales Agreements

1. If, with the Service, the Customer makes a purchase request to Asukanet through Trip Advisor or other website, and Asukanet sends notification approving the request, a sales agreement will be established.

2. The Customer will use a credit card as the method of payment and will abide by the credit card's membership agreement.

3. Asukanet may cancel the sales agreement specified in the preceding paragraph without advance notification to the Customer in the following circumstances:

1. The Customer has violated the Terms of Use.
2. The Customer has otherwise damaged the relationship of trust with Asukanet or the Partner Company

4. Reservation cancellations and refunds will be handled as specified on the given website. Asukanet shall not be responsible for agreement noncompliance issues involving the Service or products other than what is established in the Terms of Use.

Article 6. Use of the Service

1. Provision of the Service to the Customer may be refused in the following circumstances:

1. The Customer has been diagnosed with an illness or infectious disease (such as COVID-19, flu, HFMD, or lice) by a doctor and has clearly not fully recovered.
2. Prior to a doctor's diagnosis, the Partner Company's staff has determined that the Customer might have an infectious disease. Incidentally, if you (the Customer) or a relative who lives with you (the Customer) is suspected of having an infectious disease, promptly notify the Partner Company.
3. The Customer has violated the Terms of Use.
4. The Customer has otherwise failed to comply with the warnings or instructions of the Partner Company's staff.

2. Photographing outdoors may be interrupted due to weather conditions or other unavoidable circumstances.

3. The Customer will be responsible for incidents or accidents that occur while taking photographs. Please note that Asukanet and the Partner Company shall not be responsible for loss of the Customer's personal belongings. Keep an eye on your things.

4. If by chance an accident occurs on the day of photographing for a reason attributable to the Partner Company, the use of insurance will, as a general rule, comply with rules that are in place in Japan. Furthermore, compensation will cover only treatment that is received in Japan.

5. Refunds will not be provided if photographing cannot be performed on the day of photographing due to Customer circumstances or for photo content reasons.

Article 7. Copyrights

All copyrights to the Service's materials (including image and text materials) belong to Asukanet and are protected under intellectual property right laws, including the Copyright Act. Use of the materials, without the written consent and authorization of Asukanet, is prohibited by law.

Article 8. Prohibitions

When using the Service, the Customer shall not engage in the following actions:

1. Actions that violate laws or public policy
2. Criminal actions that violate third party copyrights, personal rights of authors, other intellectual property rights, and all other rights
3. Actions that violate copyrights, trademark rights, and other intellectual property rights included with the Service
4. Actions that damage or obstruct Asukanet server or network functions
5. Actions taken for the purpose of reselling or preparing coupon codes not allocated or approved by Asukanet
6. Actions that utilize information obtained through the Service for commercial purposes
7. Actions that might obstruct the service operations of Asukanet and Partner Companies
8. Illegally access or attempt to illegally access the system
9. Collect or store the personal information of other customers
10. Pose as another Customer
11. Other actions that Asukanet deems inappropriate

Article 9. Disclaimers

1. If, when using the Service, the Customer incurs damage or loss for a reason attributable to Asukanet or its Partner Company, the Customer will be compensated up to the amount of the use fee.

2. Asukanet does not guarantee the completeness or accuracy of information provided with the Service.

3. Asukanet and its Partner Company do not provide guarantees against loss that the Customer may incur when "downloading" during use of the Service (including loss of data unsaved by the Customer after downloading).

4. Asukanet and its Partner Company shall not be liable for nonperformance (default), illegal acts, etc. related to damage that is incurred by the Customer for the following reasons:

1. Difficulty of providing the Service due to weather (typhoon, flood, tornado, rain, or snow), fire, explosion, earthquake, war, terrorism, power outage, accident, transportation system delay and interruption of service, epidemic and infectious disease, or other uncontrollable event
2. Legal system reorganization (revision or abolition), administrative guidance, significant change in social conditions, or occurrence of other unavoidable circumstance
3. Download unavailability due to communication failure or reasonable system maintenance, or short-term usage unavailability due to system failure
4. Difficulty of providing the Service due to user circumstances (user plans, infant or child mood, health, injury, etc.)
5. Other reasonable reason why the Service could not be provided

5. If the Customer or other third party incurs damage due to a reason listed in the preceding paragraph, Asukanet and its Partner Company shall not be responsible for the damage unless there are circumstances attributable to either Asukanet or the Partner Company.

Article 10. Exclusion of Organized Crime (Antisocial Forces)

1. Asukanet may stop providing the Service without notice if any of the following situations apply to the Customer, Customer's representative, person in charge, or person effectively with controlling interest:

1. Person is associated with a gang, gang member, associate gang member, gang affiliate, corporate racketeer, or other organized crime ("organized crime").
2. Organized crime is deemed to be effectively involved in management.
3. Person is deemed to be utilizing organized crime.
4. Person is deemed to be providing funds to, offering assistance to, or otherwise participating in organized crime.
5. Person has a relationship with organized crime that should be socially unacceptable.
6. Person himself/herself, or via third party, has used fraudulent means, violence, or threats against the Service operator or someone associated with the Service operator.

2. If Asukanet or its Partner Company determines that an order of the Customer is liable to contribute to organized crime, Asukanet may stop providing the Service. In such a case, Asukanet shall not be required to pay damages or provide compensation of any kind.

Article 11. Information Management in Service Operations

1. Asukanet and its Partner Company will run the Service's operations and implement best practices to keep the Customer's personal information and image data safe. Asukanet and its Partner Company are not obligated to create, retain, or provide photographic data backups three months after delivery to the Customer.

2. Asukanet will retain Service sales records and Customer-signed Service Terms of Use documents for 10 years from the date the Customer accepted the Service's Terms of Use.

Article 12. Notification or Contact

Contact between the Customer and Asukanet will be made via a method prescribed by Asukanet. As long as no notification of change is received from the Customer via the method separately prescribed by Asukanet, Asukanet will assume that the registered contact information is valid and will make contact accordingly. It will be assumed that such communications have been received by the Customer at the time of transmission.

Article 13. Suspension of the Service, etc.

Asukanet may suspend or stop providing all or part of the Service without advance notification to the Customer in the following circumstances:

1. When performing periodic inspections or updating systems associated with the Service
2. When it becomes difficult to provide the Service due to an earthquake, lightning, fire, power outage, natural disaster, or other emergency
3. When the Service has been suspended due to a computer or communication line failure
4. When for other reason Asukanet determines that provision of the Service will be difficult

Article 14. Damages

1. If Asukanet, its Partner Company, or a third party incurs damage or loss due to a Customer violation of the Terms of Use, the Customer shall be required to pay for said incurred damage as demanded by Asukanet, Partner Company, or third party.

2. If a payment to Asukanet is delayed, the Customer shall pay a late payment charge calculated from the original payment deadline to the actual payment date at an annual rate of 10.0% (based on a 365-day year).

Article 15. Jurisdiction

All disputes concerning the Service will be settled by using the Hiroshima District Court as the jurisdictional court of first instance.

Article 16. Governing Law

The establishment, validity, execution, and interpretation of the Service will be governed by the laws of Japan.