Terms of Service

Terms of Service for WabiSabi Clip WAGNUS Corporation (hereinafter referred to as "the Company") establishes the following terms of service for the use of the photography service for visitors to Japan, "WabiSabi Clip" (hereinafter referred to as "the Service"). Users of the Service must agree to these terms before using the Service. Please note that the contents of these terms may be changed as necessary. Please check the latest terms of service when using the Service.

Article 1 (Purpose) These terms are established for the purpose (hereinafter referred to as "the Purpose") of allowing users to safely and securely use the Service provided by the Company. In order to use the Service, users must read and agree to the entire terms.

Article 2 (Definitions) The definitions of terms used in these terms are as follows:

"Company Site" refers to the website managed and operated by the Company, which includes the string "wabisabiclip.com" in its domain.
"Service Use Agreement" refers to the use agreement regarding the Service concluded between the Company and the user, including these terms.
"Applicant" refers to those who wish to use the Service and have applied or intend to apply for registration.
"User" refers to the general users of the Service or, in services requiring registration, individuals or corporations who have been registered as users of the Service by the Company pursuant to Article 6.
"The Service" refers to the sale of products and various services handled on this site.
"Artist" refers to individuals or corporations who collaborate with the Company to perform in Company content or organize workshops.
"Review" refers to opinions and feedback on the use of the Service, including customer service and satisfaction with photographers, posted by customers on the Service.
"Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the rights to acquire such rights or apply for registration of such rights).

Article 3 (Application):

These terms aim to define the conditions of providing the Service and the rights and obligations relationship between the Company and users, and apply to all relations related to the use of the Service between users and the Company.
Conditions regarding the use of the Service posted by the Company on the Company Site constitute part of these terms.
In the event of any discrepancy between the content of these terms and the rules or other descriptions of the Service outside these terms, the provisions of these terms shall prevail.

Article 4 (Changes)

The Company may change or add to the contents of these terms at any time at its discretion. Unless otherwise specified by the Company, the changed terms of service will be posted on the Company Site or notified to users by the method determined by the Company.
If users do not agree to the changed terms, they must stop using the Service. If users continue to use the Service after the change of these terms, it will be considered that they have agreed to the changed terms.

Article 5 (Provision of the Service)

The Company provides the following services as the Service to users: a. Dispatching registered photographers agreed upon by the user and the Company to the shooting location, where the photographers provide photography services. The photos taken are provided to the customer after confirmation, correction, and selection by the photographer in the manner specified by the Company.
For more detailed content and functions of the Service, please refer to the pages related to each service on the Company Site. The Company may add, change, or delete the content and functions of the Service at any time without prior notice, based on its discretion.

Article 6 (Use of the Service)

The Company sets the following prohibitions on the resale and repurposing of the Service: a. Customers are prohibited from using or accessing the Service for purposes other than the use of the Service, including but not limited to religious activities and political activities. b. Unauthorized reproduction and use of images, comments, and other information posted on the Service are prohibited. However, the use of photography data by customers shall be in accordance with the provisions of Article 8, Paragraph 2. c. If images and comments posted on the Service are used without permission, the Company has the right to claim an amount equivalent to the profit obtained from such use.
The following are stipulated regarding photography reservation for the Service: a. Users can apply for a photography reservation by specifying the shooting date up to 180 days from the application date in the manner specified by the Company. b. When applying for a photography reservation, users must provide an email address that can receive emails from the Company normally. The Company is not responsible for any damage resulting from the customer's inability to receive emails from the Company. c. The photography reservation is established when the customer applies for a reservation and the Company approves it.
The following are stipulated regarding plan and schedule changes for the Service: a. If you wish to change the plan or schedule, you must contact the Company at least 5 days before the original scheduled shooting date, and changes can only be made if the originally scheduled photographer is available on the desired change date. b. If the originally scheduled photographer is not available for the change, the Company will attempt to find a replacement photographer; however, if a replacement cannot be found, the reservation will be canceled. c. Any changes made by the customer from the day of the shoot to 4 days prior due to customer's convenience will be treated as cancellations and cancellation fees will apply. For details, please refer to the provisions of Article 7, Paragraph 2.
The following are stipulated regarding the fees for using the Service: a. The usage fee must be settled by credit card or PayPal at the time of reservation. b. The usage fee is the price for the services as defined in Article 5, Paragraph 1, and any additional costs incurred in connection with the execution of the photography (such as transportation expenses, costume fees, and props for the shoot) as well as fees related to the shooting location will be borne by the user.
The handling of lateness when using the Service is defined as follows: If the user is late for the start time of the photography session, the photography cannot be extended or rescheduled, and the remaining time of the pre-scheduled photography session will be used for the shoot. However, if the customer is more than one hour late for the start time, regardless of the reason, it will be automatically treated as a cancellation on the day, and no photography will be conducted. In this case, the customer must pay the cancellation fee stipulated in the next article, Paragraph 2.

Article 7 (Cancellation Policy)

If a user wishes to cancel the photography reservation due to their own circumstances, they must contact "info@wabisabiclip.jp".
Cancellation fees will be charged under the following conditions if the cancellation is made due to the user's circumstances:

Cancellation on the day of the shoot: 100% of the usage fee
Cancellation from the day before the scheduled shoot to 4 days prior: 50% of the usage fee
Cancellation 5 days or more before the scheduled shoot: Free of charge

In the following cases, cancellation fees will not be charged even if the cancellation is made from the day of the shoot to 4 days prior:

In case of sudden bad weather or natural disasters that make it impossible to conduct the shoot. The decision on whether these conditions apply will be made by the photographer assigned to the shoot on the day.
In case the photographer cannot conduct the shoot due to their circumstances

The method of refund is as follows: a. In the case of cancellation of the photography reservation, the Company will refund the amount paid by the customer for the usage of the Service, after deducting the specified cancellation fee and handling fee (settlement handling fee or transfer fee), through the credit card used for payment or via PayPal. Please note that the timing of the reflection on the credit card statement varies depending on the credit card company. However, the Company is not obligated to refund in the following cases:

If the Company's emails necessary for the refund process do not reach the customer's registered email address due to reasons attributable to the customer, and the customer does not inquire to the Company within 180 days from the day of cancellation.
If the customer does not provide the necessary information for the refund, such as the bank account, to the Company within 180 days from the day of cancellation, despite the Company sending an email containing the required items for the refund process to the customer's registered email address.
In cases where the refund is through a credit card and the credit card used for the settlement is invalid, and the customer does not update their credit card information despite the Company's guidance for updating, within the time frame provided by the Company.

After the implementation of the photography, the customer can claim a refund of the usage fee by applying in the manner prescribed by the Company, only under the following conditions:

If the data of the photographed material is lost or damaged due to the intentional or negligent actions of the photographer, making it impossible to provide all or most of the photography data.
In other cases where there is an agreement between the customer, the photographer, and the Company.

Article 8 (Delivery and Intellectual Property Rights)

The Company will deliver the photography data to the customer by email by the specified day. Users must download and save the photography data within 4 weeks from the day of upload. If there are any physical defects or faults recognized in the photography data itself, the customer may report them within 2 weeks from the day of delivery. If a report is made, the Company will address it by repairing or replacing the data, and no claims regarding the photography data (including the quality of the photography, but not limited to it) will be accepted beyond this.
The rights to the photography data (including intellectual property rights) belong to the Company.
The Company grants the customer an exclusive license to use the photography data provided by the Company.

Article 9 (Registration)

For services within the Service that require registration, applicants can apply for registration to use the Service by agreeing to comply with these terms and providing registration information to the Company in the manner specified by the Company.
The Company will decide whether to approve the registration of the applicant based on its criteria, and if the Company decides to approve the registration, it will notify the applicant via authentication email. The registration of the applicant as a user is completed upon the Company sending this notification.
Upon completion of registration as stipulated in the preceding paragraph, a service use agreement is established between the user and the Company, and the user can use the Service in accordance with these terms.
The Company may refuse registration and re-registration if the applicant falls under any of the following, and is under no obligation to disclose the reasons: a. If any or all of the registration items provided to the Company are found to be false, incorrect, or omitted. b. If the applicant is a minor, adult ward, person under curatorship, or person under assistance and has not obtained the consent of their legal representative, guardian, curator, or assistant. c. If the applicant is deemed by the Company to be associated with antisocial forces (including organized crime groups, members of organized crime groups, right-wing groups, antisocial forces, and other similar entities) through providing funds or otherwise maintaining, operating, or managing through cooperation or involvement with antisocial forces. d. If the applicant has violated contracts with the Company in the past or is related to such a violator, as determined by the Company. e. If the applicant has previously received measures (suspension of use, termination, etc.) stipulated in Article 22. f. In other cases where the Company deems registration to be inappropriate.

Article 10 (Changes in Registration Items) The user must promptly notify the Company of any changes to the registration items in the manner specified by the Company.

Article 11 (User ID and Password)

After the completion of registration, the Company will issue a user ID and password to the user.
Users are responsible for properly managing and storing their passwords and user IDs and must not allow third parties to use them, nor lend, transfer, change the name of, sell, etc.
Users are responsible for any damages arising from inadequate management, misuse, or use by third parties of passwords and user IDs, and the Company bears no responsibility.
The Company can attribute all acts of Service use conducted after the authentication of the user ID and password to the user.

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Article 12 (Usage Fees and Calculation Method) The usage fees for the Service are as specified on the sales page for each content on the Company's website. The Company may change the fees listed on the website at its discretion.

Article 13 (Telecommunications Lines)

The telecommunications lines used by the user to connect their terminal equipment to the Company's website are to be secured, maintained, and paid for at the user's own responsibility and expense. The Company bears no responsibility for this.
Users are responsible for all communication costs incurred when using the Service.

Article 14 (Data Management)

Users are responsible for preserving necessary information related to data input, provided, or transmitted in connection with the use of the Service.
While the Company will separately record and store for a certain period the information used by users for the purpose of restoring information lost due to equipment failure etc., it is not obliged to restore such information.
The Company provides features for saving and storing data input and registered by users for the purpose of recovery from loss due to failures or misoperations. However, it does not guarantee that all data can be saved and restored by this feature. If data restoration is required, the Company will provide support for a fee.

Article 15 (Management of Personal Information) When personal information is included in the data entered into the Service, the Company will not use it for purposes other than providing the Service and will take reasonable safety management measures to protect it from loss, destruction, falsification, leakage, etc., managing it strictly in accordance with laws on the protection of personal information and the Company's privacy policy.

Article 16 (Late Payment Charges) If the user fails to pay the usage fee or any other charges by the specified payment due date, the user shall pay a late payment charge calculated at an annual rate of 14.6% on the amount due from the day following the payment due date to the day before the payment is made.

Article 17 (Prohibited Actions) Users are prohibited from engaging in the following actions when using the Service. If the Company determines that a user has violated this provision, it may take necessary measures against the user, including suspension of use of the Service and claims for damages, without limiting to legal actions:

Actions that infringe on the copyrights, design rights, utility model rights, trademark rights, patent rights, know-how, and other intellectual property rights of the Company, other customers, or third parties.
Unauthorized access, cracking, or other acts that interfere with the hardware or software of the Service.
Acts that disrupt the operation of the Service or potentially do so.
Use of another person's user ID or attempting to obtain such.
Viewing, modifying, or falsifying another user's data or potentially doing so.
Other acts deemed inappropriate by the Company.

Article 18 (Intellectual Property Rights, etc.) All rights related to the Company's website and the Service, including content and information, belong to the Company or are licensed to the Company by third parties. Users do not acquire any rights to the content and information included in the Service, and without the permission of the rights holder, must not infringe on any rights related to the content materials, including ownership rights and copyrights.

Article 19 (Liability in Case of Infringement) If a third party makes a claim or other demands against a user related to intellectual property rights in connection with the use of the Service, the user must immediately notify the Company in writing, and the Company will handle the claim at its own responsibility and expense. However, this does not apply if the occurrence of the claim is due to reasons attributable to the user or if the user fails to notify the Company promptly, resulting in the Company missing the opportunity to defend properly.

Article 20 (Limitation of Warranty)

The Company does not guarantee that the Service will meet specific purposes of improvement in skills or any specific use.
The Company does not guarantee that Company content will be permanently available on the website.
The Company cannot guarantee the completeness, accuracy, and usefulness of the content of the Service.
Although the Company implements reasonable antivirus measures, it does not guarantee that viruses not detected by such measures will not cause harm to users.
The Company does not guarantee that the Service will function properly on all terminal devices, operating systems, and web browsers, nor does it undertake to verify or modify operations for such compatibility.
If significant defects are found in the Service, the Company's responsibility is limited to making efforts to correct or eliminate the defects within a commercially reasonable scope.
The Service is intended to operate within the operational environment presented by the Company at the time of the contract, and the Company does not guarantee that the Service will operate in any other environment.

Article 21 (Disclaimer and Limitation of Liability for Damages)

The Company's liability for the Service is limited to the scope defined in each clause of these terms. The Company is not liable for matters not warranted

or responsibilities not assumed in these terms, or for matters deemed the user's responsibility. 2. In cases where the Company is liable for damages to the user due to reasons attributable to the Company in connection with the Service, unless there is intentional or gross negligence by the Company, the liability is limited to the actual amount paid to the Company by the user.

Article 22 (Suspension of the Service)

The Company may temporarily suspend the Service for maintenance work periodically or as needed.
When conducting maintenance work, the Company will notify users in advance. However, in urgent cases, the Service may be suspended without prior notice, and users will be notified promptly afterward.
In addition to the provisions of the first paragraph, the Company may also temporarily suspend the Service if it is determined that continuation of the Service would cause significant inconvenience to users due to interference by third parties, or for other unavoidable reasons.
The Company is not responsible for any disadvantages or damages to users caused by the suspension of the Service based on this article.

Article 23 (Termination of the Service)

The Company has the right to terminate all or part of the Service at any time.
If the Company terminates all or part of the Service, it will notify the users of the Service at least three months in advance.
In cases where it is impossible to give three months' notice due to unforeseeable reasons or due to the enactment or abolition of laws and regulations, natural disasters, or other force majeure, the Company will notify users as soon as possible.
When notification has been made in accordance with the procedures outlined in this article, the Company bears no responsibility for the results of the termination of the Service.

Article 24 (Suspension of Use and Termination by the Company)

If the Company determines that a user falls under any of the following, it may suspend the provision of the Service to the user or terminate the service use contract in whole or in part without prior notice to the user: a. If the user's actions cause interference with the Company's business. b. If the user violates laws, regulations, or the service use contract. c. If the user receives a disposition of seizure, provisional seizure, provisional disposition, tax delinquency disposal, or other dispositions of public authority, or if a petition for bankruptcy proceedings, civil rehabilitation proceedings, company reorganization proceedings, or special liquidation is filed. d. If the user dissolves or transfers all or a significant part of its business, or if such a resolution is made. e. If the user becomes unable to pay or is in a state of suspension of payments, such as having their bills or checks dishonored. f. If the user is subjected to suspension of business, cancellation of business license or registration by the supervisory authority. g. If the user falls under any of the circumstances listed in Article 6, Paragraph 4.
If the user violates the service use contract or other agreements with the Company, or if significant reasons making it difficult to continue providing the Service occur due to the user's fault (hereinafter referred to as "Violation, etc."), and the Company has notified the user in writing to correct the violation, etc., but the user fails to do so within 14 days, the Company may terminate the service use contract in whole or in part.

Article 25 (Procedures after Termination of Contract)

Regardless of the reason, if the service use contract is terminated, the user must immediately cease using the Service and will not be able to use the Service thereafter.
Regardless of the reason, if the service use contract is terminated, the Company will delete all data stored in the Service within 30 days of the contract termination date at its own responsibility.
The Company is not obligated to compensate for damages incurred by the user due to data deletion based on this article.

Article 26 (Notifications) Notifications and other communications from the Company to the user regarding the Service or as defined in these terms will be made by email or other methods determined by the Company. The notification takes effect upon being sent by the Company.

Article 27 (Prohibition of Transfer of Rights and Obligations) The user may not transfer, assign, or provide as collateral the status under the service use contract or any rights or obligations under the service use contract to a third party.

Article 28 (Force Majeure) The Company is not responsible for any damages to the user caused by force majeure, such as natural disasters, enactment or abolition of laws and regulations, or other uncontrollable factors, regardless of the provisions of the service use contract or any other rules.

Article 29 (Consultation) In the event of any dispute or doubt regarding the interpretation of these terms between the parties, or in the event of matters not stipulated in these terms, the parties shall discuss in good faith and seek an amicable resolution.

Article 30 (Governing Law and Jurisdiction) Matters related to the

service use contract are governed by Japanese law, and the Tokyo District Court is designated as the exclusive agreement jurisdictional court of the first instance.

Contact Information For inquiries regarding these terms, please contact: WAGNUS Corporation WabiSabi Clip Customer Center info@wabisabiclip.jp

Established on February 1, 2024