Article 1 Use of Service
All the materials in the Service including but not limited to photographs and texts are the property of Pixta or its licensor, and protected by intellectual property laws including the Copyright Act of Japan. Unauthorized use thereof without obtaining proper permission or license is prohibited by those laws.
No User may download, reproduce, or otherwise use the contents available under the Service without registered as the member of the Service.
The trademark, name, logotypes, and the like of the Service are sole property of Pixta. The use of them shall be subject to the PIXTA Logo Usage Rules.
Any minor or a person with limited capacity who desires to become a member of the Service shall obtain the prior consent of his or her parent or guardian upon membership registration and each use of the Service. A minor or a person with limited capacity who uses the Service shall be deemed to have obtained such consent of his or her parent or guardian.
Article 2 Service
Pixta may, at its sole discretion, change, suspend or discontinue all or part of the Service without prior notice to the User, or prior consent from the User, and Pixta shall have no liability for any damages incurred by the User as a result of such change, suspension or discontinuation. In the event of discontinuation etc. of the Service, Pixta shall notify the User of the schedule or the procedures of the discontinuation etc. The User who does not withdraw from the Service prior to the effective date of such discontinuation etc. of the Service shall be deemed to have agreed to the schedule and the procedures of discontinuation etc. designated by Pixta.
The User shall bear any and all the relevant communication expenses incurred by use of the Service such as receiving and sending e-mails and viewing websites by mobile phones or any other communication device.
Article 3 Prohibition on Use of Service
The User shall be prohibited from engaging in any of the following activities in using the Service:
To conduct any act which would infringe intellectual proprietary rights such as copyright, portrait right, right of privacy, honor or any other rights or interest of Pixta, or any other third party including but not limited to unauthorized use of the Content in the Service;
To enter fallacious or erroneous information in the Service;
To interrupt operation of the Service by unlawful conducts or nuisance through the internet such as providing computer viruses or reverse engineering;
To use the Service without authorization by entering any fallacious information or impersonating other person in the process of the registration or upon log-in;
To perform nuisance act vis-à-vis any other third party such as slandering, abusing, harassment, or threat;
To promote, induce, solicit, market or otherwise communicate vis-à-vis another User, the Member or any third party beyond the extent required with respect to product or service in the Service;
To conduct any act against public order and good morals, or any illegal, unlawful, or criminal act; or
To conduct any other acts which Pixta deems inappropriate.
Article 4 Membership Registration
If any User who has applied for, or completed the membership registration falls under any of the following causes, Pixta may refuse or cancel the User’s application or registration at any time without any liability to the User. Also, Pixta shall not be obligated to disclose the reason of such refusal or cancellation to the User and the User shall not take objection to Pixta’s decision.
If the registered information is found, in whole or part, to be fallacious, erroneous, or defective;
If the registration of the User has been once cancelled by Pixta;
If the User who is a minor, or a person with limited capacity has completed the membership registration without consent of his or her legal representative, guardian or the like;
If Pixta determines that the Member is antisocial forces or any equivalent thereof, or Pixta determines that the Member is involved in antisocial forces or any equivalent thereof; or
If otherwise Pixta determines that the Member is inappropriate as the Member.
The Member shall not transfer, rent, change the name of, grant security interest on or otherwise dispose of the registered e-mail address, password, and status as the Member, and the rights and obligations granted hereunder or the right to receive the Service.
The membership registration procedure requires the User’s entry of registered e-mail address and password. If Pixta recognizes the match between such registered e-mail address and password, it shall be deemed by Pixta that the login and use thereof has been conducted by the Member who has been registered as the holder of the registered e-mail address and password. Each Member shall keep strictly private and confidential the registered e-mail address and password.
Pixta shall not be liable for any damages incurred by the User arising out of or in relation to the use of his or her registered e-mail address or password by any third party regardless of existence of the User’s negligence.
The Member shall forthwith notify Pixta of any change of registered information. The Member shall register with Pixta contact information which enables Pixta to contact the Member at any time, and at Pixta’s inquiry, the Member shall forthwith respond thereto.
Pixta shall not be liable for detriment to the User caused by the User’s failure to notify Pixta of change of the registered information as set forth in the preceding paragraph.
Article 6 License for Content (Grant of Royalty Free License)
All the Content available in the Service shall be offered for free in form of granting to the Member royalty free license (RF license) to use the Content as provided herein, through his or her downloading the Content.
Adjusting the resolution of the Content in appropriate manner for the intended use;
Incorporating the Content in the design to ensure that any third party will not separate or download the Content itself; or
Adding text or simple montages over the Content.
*For permitted alteration, please refer to the paragraph 8 of this Article.
The Member shall not assign, sublease, transfer, or sublicense to any third party the RF license granted herein without Pixta’s permission.
It is impossible to grasp the history of use of the Content up to the present.
The Member agrees that, depending on manner of the use of the Content, additional procedure or additional license fee may be required by the right holders or licensors separately in order to obtain additional permission therefrom on copyright, design right, right of portrait, trade mark right, or any other right related to the Content itself or the subject(s) in the Content. The Member also agrees that the owner or manager of specific facilities that are reflected in the subject(s) of the Content may separately require acquisition of additional permission depending on the manner of the use of the Content.
Even after the grant of license by Pixta hereunder, the copyright and any other rights in and to the Content are retained by the legitimate licensor thereof, without transfer of such rights to the Member.
The Member is permitted to make alterations to the Content such as trimming, turnover, resizing, changing color, adding text, and simple montages; provided, however, that the Member shall not violate the prohibitions as set forth in the following paragraph in using and altering the Content in any way.
The Member is prohibited from using the Content in the manner set forth below. However, the items , x, xi and ⅻ of this paragraph shall not apply to the Content which does not include or depict any person except for the cases where any specific person, corporation, or entity is detected from the Content:
Selling or distributing unaltered copies of the Content e.g. as a poster, print or on a physical product without making required alteration pursuant to the item 2 or 3 of paragraph 2 of this Article;
Use in obscene content or against public policy and good morals;
Use as or in logos, service marks, or any other object, which is subject to any legal right such as trademarks or designs etc.;
Use in adult-entertainment business, pornography, sexually explicit contents, dating site or any other equivalents;
Use related to gangsters, terrorists or any other antisocial forces or any equivalent thereto;
Use which leads, or would lead, to defamation, libel, abuse, violation of rights or disrepute of the creator/licensor or the subject of the Content such as models, including, but not limited to, those which resulted from alteration or distorting etc. of the Content or subject of the Content;
Use, without obtaining appropriate approval from Pixta, the Content in any business or service competing with Pixta’s business or service, including, but not limited to, the items below;
Running or operating stock photography or stock content provider business;
Distributing or adding the Content as material contained in a collection such as CD, DVD, software or the like;
Distributing the Content as material, digitally or physically, for users to use for any purpose; or
Distributing the Content in any manner that users are permitted to make free alteration to the Content itself as material.
Plagiarizing or use which would be regarded as plagiarism of the Content, including the use in which the Content is publicized or published with being misunderstood as though it is a work by any person other than the original author or the legitimate copyright holder;
Resale, assignment or sublicensing of the Content downloaded from the Service to any third party, with or without compensation;
Use in any manner other than illustration images and giving an impression that the subject of the Content is using or endorsing a particular business transaction, product or service by using the dialogue balloons or subtitles etc. to the Content, or adding false ages, names, or any other profile information associated with the Content;
Use related to any of the following sensitive subjects, except in cases where the Content expressly depicts such sensitive subject:
Physical or psychological disabilities or diseases, drug, tobacco, energy enhancement medicine, violence (including, but not limited to, domestic violence, abuse or bullying), infertility, birth control, abortion, sex-changes, sexual orientation, gender identity, gambling, Japanese pinball (Pachinko), consumer financing, cosmetic surgery, a portrait of a deceased person;
In principle, the Member shall not use the Content depicting a person or persons related to the above mentioned sensitive subject, except the Content expressly depicting such sensitive subject. Judgment whether the Content expressly depicts the subject or not shall be made on the basis of the visual image of the Content, and it shall not be affected because the subject is included in the title or keywords of the Content or the Content is included in the search result under the subject. If the judgment is uncertain, you are required to obtain the prior approval from Pixta. Any use which is illegal, defamation or against public order and good morals shall be still prohibited even if the Content expressly depicts a sensitive subject.
Use giving an impression that the subject of the Content belongs to, endorses, or gives an opinion for or against, any particular religion, political party (politics), thought, or the like;
Portraying the subject of the Content in a way that a reasonable person would find offensive, including, but not limited to, the use by which subject of the Content may be found offensive as a result of emphasizing his or her physical features;
Use of the Content or subject of the Content in a fallacious content, in a manner which may cause a misconception, in relation to fraud, defamation, or in any other illegal content or context; or
Any other use equivalent to the preceding items that Pixta considers inappropriate.
In using the Content, every User shall further acknowledge and agree to the following items:
If the Member’s intended use of the Content may be related to any of the above mentioned sensitive subjects, or if it is not certain whether the exception of item ⅺ of Paragraph 9 of this Article is applicable, the Member shall consult with, and obtain prior consent from Pixta.
Pixta reserves the right to investigate the matters related to the use of the Content by the Member who has downloaded the Content, including but not limited to, the number of reproduction or circulation or purpose of the use. The Member shall accept such investigation and corporate therefor.
The User acknowledges and agrees that the download of the Content that have been once offered in the Service may be suspended at any time for any reason including, without limitation, intention of Pixta or of any other right holder related to the Content.
In the event that Pixta has incurred any damage out of or in relation to such legal demand filed against Pixta as set forth in the preceding paragraph, the breaching User shall indemnify Pixta for and against any and all damage and expenses related thereto incurred by Pixta in order to deal with the same including any reasonable attorney’s fees.
Article ８ Disclaimer
ANY AND ALL CONTENT, INCLUDING INFORMATION MATERIAL RELATED AND INCIDENTAL THERETO SUCH AS CAPTIONS, TITLES AND KEYWORDS, SHALL BE PROVIDED “AS IS.” PIXTA SHALL NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FULFILLMENT OF THE USER’S REQUIREMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR CONTRACT NONCONFORMITY OF THE CONTENT. EVERY USER AGREES TO USE THE CONTENT AND THE SERVICE BASED ON THEIR OWN RESPONSIBILITY AND JUDGMENT.
PIXTA MAKES NO WARRANTY OF CORRECTNESS OR COMPLETENESS REGARDING INFORMATION MATERIAL RELATED AND INCIDENTAL TO THE CONTENT SUCH AS CAPTIONS, TITLES OR KEYWORDS IN THE SERVICE.
PIXTA SHALL NOT BE LIABLE IN ANY WAY FOR DAMAGE ARISING OUT OF OR IN RELATION TO ERROR OR TROUBLE OF TECHNICAL ENVIRONMENT RELATED TO THE SERVICE INCLUDING BUT NOT LIMITED TO COMPUTER SYSTEM TROUBLE AND FALSE DISPLAY INCIDENTAL THERETO.
PIXTA SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF DATA OF THE CONTENT SUBMITTED TO PIXTA INCLUDING BUT NOT LIMITED TO THE DATA OF IMAGES AND TEXT, AND DATA OF INFORMATION INCIDENTAL THERETO. EACH USER SHALL PREPARE AND MAINTAIN THE BACKUP OF SUCH DATA BY HIM OR HERSELF.
PIXTA SHALL NOT WARRANT THAT THE SERVICE, ITS SERVER, THE CONTENT AND ANY E-MAILS TRANSMITTED FROM THE SERVICE DO NOT TRANSMIT ANY OF COMPUTER VIRUS, SPAMS OR ANY OTHER HARMFUL ELEMENT.
THERE MAY BE CASES IN WHICH PIXTA PROVIDES THE SERVICE WITH ANY EXTERNAL SERVICES PROVIDED BY ANY OTHER COMPANY. IN SUCH CASE, THE USER AGREES TO USE SUCH EXTERNAL SERVICES ON HIS OR HER OWN RESPONSIBILITY AND AGREES THAT PIXTA SHALL NOT BE LIABLE TO ANY DAMAGE ARISING OUT OF OR IN RELATION TO THE USER’S USE OF SUCH EXTERNAL SERVICES. IN USING SUCH EXTERNAL SERVICES, THE USER SHALL COMPLY WITH ANY OF TERMS AND CONDITIONS PROVIDED BY SUCH EXTERNAL SERVICES.
Article ９ Withdrawal from Membership
Upon application for withdrawal, the Member’s account is closed and any and all the functions therein become unavailable to the Member.
In the event that the Member falls or may fall under any of the following causes in Pixta’s judgment, Pixta may, at its sole discretion, enact the withdrawal procedure of such Member without prior notice to, or approval of such Member. Pixta shall not be obligated to disclose to the Member the reason why his or her membership has been withdrawn:
If Pixta reasonably considers at its own discretion that the Member falls or may fall under any causes as set forth in paragraph 2 of Article 4;
If the Member deceases;
If the account of the Member remains unlogged for more than one (1) year; or
If otherwise Pixta considers the Member to be inappropriate as the Member.
In the event that the Member is withdrawn from the membership by Pixta due to the Member’s falling under any of the above causes, any and all the RF license granted to the Member prior to the withdrawal shall become null and void. In the event of the Member’s falling under any of the above causes that results in damage incurred by Pixta, the Member shall compensate for the whole damages incurred by Pixta including reasonable attorney’s fees.
Even after the Member’s withdrawal from the membership, for the purpose of the Service provision, Pixta may keep and utilize the Member’s registration information that has been collected by Pixta during the effective term of the membership for a period designated by Pixta.
Article 10 Suspension or Discontinuation of Service
Pixta reserves the right to suspend or discontinue operation of the Service without prior notice to the Member for any of the following reasons. Pixta shall have no liability for any damage caused to the Member as a result of such suspension or discontinuation conducted in accordance with the following reasons:
Periodic or emergency maintenance of equipment or system used in provision of the Service;
Breakdown of equipment or system used in provision of the Service;
Natural disasters such as earthquakes, volcanic eruptions, floods or tsunamis, wars, conflicts, riots, civil commotions, labor disputes, fires, blackout and other unexpected incidents or accidents, or force majeure which prevents the Service from being provided; or
Other causes in which suspension or discontinuation of the Service is deemed necessary for operational or technical reasons.
Article 11 Communication / Notice
Any and all the notices provided by Pixta to the User hereunder shall be made by posting in the Service or by e-mails and so forth. Such notices shall be deemed to have been effectively delivered upon the timings as designated below respectively:
When Pixta posts the notice in the Service;
When Pixta dispatches the notice by e-mail to the address registered pursuant to paragraph 4 of Article 4.
Article 12 Business Transfer etc.
Article 13 Survival Clause
The following provisions shall survive the termination, cancellation or withdrawal of the Member’s membership, and remain effective thereafter.
Provisions of Paragraphs 4 and 5 of Article 2, Paragraphs 3, 5, and 7 of Article 4, Articles 5 through 10, Articles 12 through 16.
Provisions of Article 17 through 21.
Article 14 Consultation
The User, Pixta and any third party shall enter into good faith consultation and negotiation with each other for resolution of any questions relating to, or problems arising from the Service.
Article 15 Language
Article 16 Governing Law and Court of Jurisdiction
Any legal problems relating to the Service shall be governed by the laws of Japan; provided, however, that the United Nations Convention on Contracts for the International Sales of Goods shall not apply.
As of June 13, 2022
Special Agreement for the Provision of Content
Article 17 (Uploading Content)
Upon the Member’s uploading his or her Content and the Related Information to the Service, the Member shall be deemed to have agreed to the reproduction, etc. of the Content and the Related Information pursuant to the preceding paragraph.
Even after Pixta grants a license, copyright or any other rights in or to the Content shall remain with or belong to the Member who has uploaded the Content or copyright owner of the Content without transfer to the Member who has downloaded the Content.
The Member acknowledges and agrees that the Members who have downloaded the Content or Pixta may alter and change the Content freely, and the Member shall not require that his or her name be or not be credited upon any use of the Content. The Member agrees not to exercise moral right of an author or any equivalent right under applicable laws.
The Member shall agree that Pixta shall not be required to distribute all the Content the Member submits.
The Member shall, upon Pixta’s requests, repair or cure physical defect, obstacle or any other error found in the Content to the extent possible. If the Member is not able to do so or fails to do so, or the defect, obstacle or error is minor, the Member shall agree that Pixta may repair or cure the same at its own discretion.
Article 18 Warranty by Member
The Member shall warrant that any and all the Related Information, including but not limited to, captions, keywords and titles, that he or she submits or uploads to the Service is true and accurate.
The Member shall warrant that he or she legally obtains in writing appropriate permission or release of legitimate right holders, representatives, or licensors pertaining to any and all the rights existing in the Content uploaded by the Member to the Service including but not limited to portrait right, right of publicity, trade mark right, copyright (including the neighboring rights), related to the models and subjects of the Content, or any other rights of other third party, and that the Member’s Content does not infringe any of such rights of third party. In the case where the Member uploads Content in which any recognizable person is reflected, the Member shall submit to Pixta the model release for all such persons, and the model release to be used shall be the form provided by Pixta in the Service or any other valid model release which has substantially equivalent contents as Pixta’s form. The Member shall also represent and warrant that he or she obtains and keeps any and all the valid model releases necessary for the Content with recognizable persons therein, and, at Pixta’s request, shall provide Pixta with the model release and/or necessary information related thereto.
The Member shall warrant that the Content submitted and uploaded by the Member has been legally produced in accordance with any and all applicable laws.
The Content without such necessary permission of the rights as stipulated in the above paragraph 1 or 3 of this Article 18, the Related Information that is not true or accurate or that is inappropriate including, but not limited to, unauthorized use of any other party’s name etc., and the Content falling under any one of the followings shall be deemed inappropriate, and Pixta reserves the right to delete or change the same at its own discretion. The Member shall not provide such inappropriate Content to Pixta.<Followings are examples of inappropriate Content.>
The Content which includes graphic descriptions of obscenities or violence or which are against public policy and good morals;
The Content in which trademarks, logos, brands, characters, pictures, posters, advertisements, CDs, DVDs, books and so forth are included as the Content's main subject or are recognizable;
The Content in which art works including but not limited to paintings and sculptures under the copyright protection are included;
The Content in which the identity of any individual can be recognized and for which appropriate model release has not been obtained;
The Content which includes facilities, buildings, animal pets, goods, and the like under the ownership or control by any third party, which would require appropriate permission for distribution as RF material (as used herein, RF material means the material usable for any purpose without specifying purpose of each use.) but without proper permission of the third party owner or right holder, or which have been photographed without such proper permission;
The Content which includes inappropriate alteration or addition of inappropriate symbols or text or any such inappropriate element for sale in the Service; or
Any other Content which Pixta considers to be inappropriate for sale in the Service.
In the event that any claim, dispute, complaint of infringement, or request for compensation for damages incidental thereto from any third party, arises out of or in relation to the Content or the Related Information, the Member who has uploaded the Content in question shall be solely liable to deal with the same at his or her own expense, and warrants and agrees to keep Pixta harmless against any and all liability and damage caused by such claim, dispute, complaint and request for compensation for damages
In the event that such claim, dispute, complaint, or request for compensation for damages are made against Pixta and Pixta incurs certain damage therefrom, the Member who has uploaded the Content in question shall indemnify for any and all the expenses incurred by Pixta including reasonable attorney’s fees.
In the event that any claim, dispute, complaint of infringement or request for compensation for damages from any third party in connection with the Content or the Related Information are made against Pixta, Pixta reserves the right to disclose to the relevant third party the contact address or any other information that Pixta possesses concerning the Member who has uploaded the Content in question.
Regardless of inside or outside the Service, Pixta or its affiliate companies (collectively hereinafter reffered to as the “PIXTA Group”) may use the Content freely at Pixta’s discretion for the purpose of notification, promotion or advertisement related to PIXTA Group and/or the services operated by Pixta Group including the Service without any compensation payable to the Member. In such case, the Member shall acknowledge that the provision of paragraph 4 of Article 17 of the Special Agreement is applied to such use and that his or her Content may be worked or altered by Pixta Group.
Article 19 Measure to be Taken in the Event of Deletion of Content
If the Member desires to delete any of his or her registered Content from the Service, Member shall take deleting procedure designated by Pixta. The Member agrees that it needs a certain amount of time for the deletion of Content to be reflected on the system of this Service.
The Member may not or is not entitled to demand to the other Members withdrawal or suspension of the use of the Content that has been downloaded prior to deleting procedure of the Content or the Member’s withdrawal from the Service.
Article 20 Confidentiality
Pixta may discretionally disclose to the Member information or know-how in relation to the stock content production that Pixta has originally developed. If the Member is disclosed such information, the Member shall keep the same strictly private and confidential, and agrees that he or she shall use the information only for the Service and shall not use the same for any purpose other than that required for the Service.
Article 21 Disclaimer
As of June 13, 2022