Terms and Conditions of Use set forth below are a legal agreement between users of https://video-ac.com (hereinafter referred to as “videoAC”) and ACworks Co., Ltd. (hereinafter referred to as “Company”), the owner and operator of videoAC. By using videoAC, users shall be deemed to have agreed to the terms and conditions hereof. In the case where users do not agree to the Terms and Conditions of Use, users may not use videoAC.
Member register
- In order to use videoAC, member registration is required.
Users who completed member registration guarantee that the information notified to the Company at registration is completely correct. - A member shall guarantee that the member has reached the legal age to use videoAC and assume legal liability for the use of videoAC. A member agrees that the member shall be liable for any use of the Site, including the cases where other persons used the ID and password of the member.
- In the cases where there was any change in the information registered with the Company at admission, the member shall immediately take procedures for change of information in accordance with the method prescribed by the Company.
- A member shall properly manage the ID and password so as not to be known to a third party and shall take measures to prevent plagiarism of the ID and password at the responsibility of the member by regularly changing the password, etc.
- A member shall not allow any third party to use, or lend, transfer, sell, buy or offer for security, etc., the ID and password.
- In the case where the Company confirmed that the ID and password used for log-in were the same as those registered, the Company may regard it as the use by the member even in the case where it was used by a person other than the member as a result of plagiarism or unauthorized use and any other reasons. If the member incurred any damages due to the unauthorized use, the Company shall not assume any liability.
- If the Company recognizes that the member breached the Terms and Conditions of Use or the member might breach the same, the Company may suspend all or part of use of the Service without giving notice to the user, and the Company shall not be liable for any damages incurred by the member.
Downloading and Using Videos
- A user who downloaded videos may freely alter, edit and use the videos for any purposes, including commercial purpose. A user may freely use the downloaded video not only for its own use but also for furnishing to business partners, for educational purposes, or to use the same as part of components of printed matter such as advertisements and pamphlets, multimedia content, including websites, etc., and movies, games and software, etc.
However, the following methods of use are prohibited. Please pay attention as methods of use in breach of the prohibited matters constitute infringement of the copyrights of the Company. - (1) It is not permitted to use videos that can identify any specific individual in pornography or illegal or any other immoral purposes, to use videos in a manner that might eclipse the reputation of that individual, or to use videos for the purpose of presenting recommended products and/or services such as “Voices from Customers”.
- (2) Photo may not be used in a manner prejudicing the features, grade, honor or credibility of the model in the videos (refer to any of the persons, goods and landscapes) on the Site.
- (3) Template may not be used in relation to articles, movies, advertisements and publicities, etc., which have illegal, false or defaming content.
- (4) Photo may not be used in a manner against public order and good morals or for the purpose of furnishing to the business and activities against public order and good morals. Videos may not be used on covers, packages, articles, movies, advertisements and publicities and in any other manner in relation to adult magazines and adult films (regardless of the media, including DVDs, CD-ROMs, or websites, etc.), whether or not they are against public order and good morals. They may not be used in articles, movies, advertisements and publicities and in any other manner in relation to pornography and adult entertainment (refer to any matters related to sex culture, regardless of whether they are legal, illegal, for profit or nonprofit, individuals or corporations and in any other manner).
- (5) It is not permitted to distribute (sell, lease, distribute freely, rent freely) the videos as an independent transaction subject as they are or after processing, or furnishing the same by using public transmission (transmission using websites on the Internet or broadcasting, etc.) whether it is for profit or nonprofit purpose.
- (6) Photo may not be used in a manner disturbing publication of videos of the Company.
- (7) It is not permitted to use the videos or the secondary works, containing processed video data as the main content in the products (refer to but not limited to calendars, jigsaw puzzles, etc.), to publish or send the same via the Internet and by any other similar method, and to distribute by incorporating the same into software and/or hardware (for example, use for greeting card services and template download services, etc., on the Internet, distribution through incorporation into a standby screen of mobile phones, incorporation as material samples of application software, etc., and incorporation into screen savers, etc.). It is also not permitted to provide printing services, etc., by incorporating the same into hardware, software, etc., as a template.
- (8) It is not permitted to register the video as a trademark.
- (9) It is not permitted to use videos by copying to hard disks of servers, etc., and use them in multiple PCs through LAN connection, etc.
- (11) In the case where the Company determined that it is inappropriate to be posted on videoAC for some reason, the Company shall have the right to delete any video, even if there is any purchaser of that video. If the Company deletes the video, the Company shall not be obligated to give notice to the member who purchased the video of the fact of deletion of the video and its reasons.
Where the above prohibited matters do not apply, in the case where the Company determines that the method of use is inappropriate, the Company may request refraining from use, or halting use in the case where members have already used. In such a case, users shall be obligated to follow the determination of the Company.
In this regard, in the case where you cannot determine whether or not falling under the above prohibited matters, please contact us. - (11) For the free customer who downloads the video at gobal site version that domain sites include /en, /tw, /ko, /cn, /vi, /pl /de, /es, /bn, /ar, /es, /fr, /hi, /it, /ja, /jv, /pt, /ru, /tr, the customer must attribute the author/creator who created the downloaded video.
- 動画をダウンロードしたか否かにかかわらず、動画ACに掲載された動画をAIの開発・学習用のデータとして利用することはできません。上記の禁止事項に当たらなくても、弊社において当該利用方法を不適当と判断した場合は、ご利用をお控えいただき、あるいはすでにご利用いただいている場合には、ご利用の中止をお願いすることがあります。この場合、利用者は弊社の判断に従う義務があるものとします。なお、上記各禁止事項に該当するか否か判断がつかない場合は、弊社までご相談ください。
- The Company does not obligate written model release (consent to use of portrait right) for each video which contains an identifiable individual. Therefore, the Company shall not warrant that users can use the video without the consent of the individual as to the video containing the identifiable individual. In addition, even in the case where there is a model release (consent to use of portrait right), the Company shall not make any representation and warranty for its legality and validity.
- Some of the videos on videoAC might be subject to copyrights, property rights and trademark rights, etc., of third parties and the consent or license of these rights by third parties might be required. The Company does not represent or warrant that the Company owns the above rights or grants licenses or does not grant them. It is the responsibility of users and a person who uploads the videos to confirm that all rights, consents and licenses required for use of videos are obtained.
- The Company cannot warrant the legality of videos stored in videoAC. The Company shall not be liable for any infringement related to use of videos. Videos shall be used at the responsibility of users.
Paid Service
- If you use a paid service provided by our company with a paid function of this service, you shall comply with the separately stipulated terms of use for paid services.
Upload Video
- Members can upload videos to Video AC. In this case, we will review the content of the videos to make sure they are suitable for general distribution. We reserve the copyright. , We do not accept any upload of videos that infringe property rights, trademark rights, or other rights of third parties.In addition, we do not accept any adult-oriented videos.
- If the video is defective, is of low quality, is deemed to infringe any rights, or is deemed inappropriate for posting on VideoAC, we will We have the right to refuse to upload videos or delete uploaded videos.When deleting a video, we are not obliged to notify the member who uploaded the video of the fact and reason for deletion. Hmm.
- We may add 'search words (tags)' at our discretion so that more people can see the uploaded videos. In the event of an addition, the Company shall not be obligated to notify the member of the content thereof.
- By uploading the video, the member assigns all copyrights of the video (including the rights of Articles 27 and 28 of the Copyright Law) to our company, and after that, the copyright of the video belongs to our company. The member who uploaded the video shall not claim the author's moral rights against us, the user who downloaded the video, or any other third party. It also applies when uploading videos.
- Crediting videos uploaded by members is prohibited. Even if you upload a video with credit, under these Terms of Use, the copyright of the uploaded video is prohibited. The member who uploaded the credited video shall not claim the moral rights of the author to the member who downloaded the video.
- The member uploading the video is solely responsible for the video they upload. The member uploading the video warrants that they own all rights to the video and shall You are obligated to obtain a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, unconditional license for any use of the Video.
- The member who uploaded the video warrants to us that the uploaded video does not infringe on the intellectual property rights, portrait rights, or other rights of any third party.
- If a dispute arises with a third party regarding the uploaded video, the member who uploaded the video shall resolve the dispute at their own responsibility and expense, and shall not cause any trouble to our company. In addition, in the unlikely event that our company suffers damage, the member must immediately compensate us for all damages suffered by us.
- In the unlikely event that a member who has uploaded a video receives a complaint or is sued by a third party for the reason of infringement of intellectual property rights, portrait rights, or other rights, You must notify us without delay.
- Our company permits videos uploaded by members who uploaded videos to be uploaded to other material download sites. This does not apply if the content is to be transferred or abandoned by the user.
- In addition, if the member who uploaded the video is permitted to upload the video to another material download site, we will does not claim copyright to its users.
- It is prohibited to temporarily post a video for the sole purpose of winning prizes or prizes in our video contests and immediately remove the video from the video AC.
- Members cannot remove uploaded videos without our consent.
Point Service
- Members can manage their point acquisition status and balance change history on the management screen after logging in to Video AC.
- When members use points, they shall be used according to the indications on the management screen.
- Points represent the possibility of receiving special benefits if the conditions set by us are met when using points. No specific rights and obligations will occur during the period.The acquisition of money or the provision of other benefits by using points may be changed or abolished in the future, in which case points We do not make any guarantees regarding the use of points assumed at the time of acquisition.
- We reserve the right to prevent members from engaging in prohibited acts stipulated in these Terms of Use, using programs that operate automatically, downloading videos for the purpose of adding points, or other illegal methods. , prohibits the acquisition of points.
- If a member falls under any of the items below, we may revoke all or part of the points without notifying the member. We shall not be held responsible for any damage suffered by the member.
- If you violate or threaten to violate these Terms of Use
- If we determine that the member has obtained points through fraudulent means
- If the expiration date specified by us has passed
- Our company will not, under any circumstances, take measures such as canceling or reissuing points after use. Even if the member's points are lost for this reason, we will not reissue the points.
- We will not be responsible for damage or loss of points due to system overload, system failure, maintenance, natural disasters, power outages, communication failures, unauthorized access, or other reasons. liability only if the number is proven by reasonable means.
- If a dispute arises with a third party in relation to this point service, the member must resolve it at his or her own responsibility and expense, and shall not cause any trouble to our company. However, in the event that such a dispute arises, the member must immediately notify the Company of the fact.
- Our company may make changes such as improvement, addition, or abolishment of the specifications of this point service. Members shall agree to this in advance.
About Creator Download Points
The following applies only to creator members.
- 11 points for each download of a face-recognisable 'person video' that has a model release submitted in the video AC, and 3.25 points for each download of other videos.In addition, the posted videos may be used as learning materials for AI (artificial intelligence).
- By using points, members can obtain money or receive benefits through services provided by us or a third party designated by us.
- Points expire if you haven't logged in for 24 months or more since your last login.
- 1 point equals 1 yen, and can be redeemed when the specified number of redeemable points is reached.
- If you are a member of another service operated by our company and have linked your account by the method described on the site, you can apply for redemption by combining the points you have for each.
- Regarding the reward after redemption application, it will expire due to the statute of limitations after 3 months have passed since the redemption application. Please be sure to receive the reward within 3 months.
About download membership points
The following applies only to download members.
- Points are valid for 12 months from the date of the last change in the number of points, and if there is no change in the number of points within the validity period, the points accumulated up to that point will be forfeited. .
- By using points, members may receive certain benefits through services provided by us or a third party designated by us.
Withdrawal
- In the case where a member desires to withdraw, the member shall make an application for withdrawal to the Company by the method prescribed by the Company.
- A person who made an application for withdrawal shall lose the membership when the Company accepted the application for withdrawal and gave the notice of completion of withdrawal.
- In the event that a member falls under any of the items below, the Company may force the member to withdraw without giving notice to the member. In such an event, the Company may delete all of the points held by the member. The Company shall not be liable for any damages incurred by the member due to forced withdrawal and deletion of points.
- (1) In the event that the member breached or might breach the Terms and Conditions of Use.
- (2) In the event that communications from the Company are not received.
- (3) In the event that the member has not used the Service for more than twenty-four (24) months from admission.
- (4) In the event that the Company determined that the person was inappropriate for the member.
- In the case where a member has withdrawn, the Company may, at its discretion, choose to return, manage, store, delete or to take any other measures deemed appropriate by the Company regarding the videos uploaded by the member.
- In the case where a member has withdrawn, the points of the member shall be extinguished at the time of loss of membership.
Amendment of Terms and Conditions of Use
- The Company may amend the Terms and Conditions of Use at its discretion at any time by the determination of the Company.
- The Company shall not be obligated to give notice to users of amendment of the Terms and Conditions of Use. The amended Terms and Conditions of Use shall become effective at the time of displaying on the Site, except when otherwise provided by the Company. In the case where a user used the Site after the effectuation of amendment of the Terms and Conditions of Use, the user shall be deemed to have agreed to all the amended Terms and Conditions of Use.
Disclaimer
- The Company shall not make any warranty of the legality of the templates stored in ACworks.
- The Company shall not be liable for any failures and accidents, etc., that might arise due to the use of templates as well.
- The Company shall not assume any liability for ordinary damages, punitive damages, special damages, indirect damages, consequential damages or incidental damages or loss of profits and any other damages, costs or losses arising from the use of videoAC or the use of the templates on the videoAC to users, other persons or entities.
- The Company shall not be obligated to manage and store the uploaded videos. The Company shall not assume any liability for damage and disappearance of videos due to business reasons, overload of the system, defects in the system, maintenance, enactment, amendment and repeal of laws, natural disaster, power failures, communication failures, unauthorized access or any other reasons.
- The Company shall not assume any liability even in the case of illegal or unauthorized use of the posted videos by the users who downloaded them.
- The Company may close videoAC or terminate services at any time without notice. In such a case, The Company shall not assume any liability for the damages incurred by users thereby.
- 本利用規約の他の定めにかかわらず、本利用規約に基づくサービスの利用に関する契約が消費者契約法に定める消費者契約に該当する場合、弊社の債務不履行又は不法行為に基づき会員が被った損害について、帰責事由の原因となった当該行為から通常生ずべき会員の実損害額を限度として、かつ、1万円を上限として弊社はこれを賠償する責任を負うものとします。ただし、付随的損害、間接損害、特別損害、将来の損害及び逸失利益にかかる損害については、賠償する責任を負わないものとします。なお、当該損害賠償責任の制限は、弊社に故意又は重過失があった場合には適用されません。
反社会的勢力の排除
- 弊社及び利用者は、それぞれ相手方に対し、次の事項を確約する。
- 自らが、暴力団、暴力団員、暴力団準構成員、暴力団関係者、総会屋その他の反社会的勢力(以下、まとめて「反社会的勢力」という)ではないこと。
- 自らの役員が反社会的勢力ではないこと。
- 反社会的勢力に自己の名義を利用させ、この契約を締結するものでないこと。
- 反社会的勢力に対して資金等を提供し、又は便宜を供与するなどの関与をしていないこと。
- 反社会的勢力と社会的に非難されるべき関係を有しないこと。
- 本契約に関して、自らまたは第三者を利用して、次の行為をしないこと。
- ア.相手方に対する脅迫的な言動又は暴力を用いる行為
- イ.偽計又は威力を用いて相手方の業務を妨害し、又は信用を毀損する行為
- 甲および乙は、相手方が次の各号の一に該当する場合、何らの催告を要さずに、本契約を解除することができる。
- 前項(1)ないし(5)の確約に反することが判明した場合
- 前項(6)の確約に反する行為をした場合
- 前項の規定により、本契約を解除した場合には、相手方に損害が生じても解除者は何らこれを賠償ないし補償することは要せず、また、かかる解除により解除者に損害が生じたときは、相手方はその損害を賠償するものとする。
Other
- Users may not assign, transfer, offer for security or make any other dispositions to any third party the rights to the Company or the obligations owed to the Company.
- If the Company incurred any damages due to the breach of the Terms and Conditions of Use, users shall immediately compensate for such damages.
- Notices from the Company to members shall be made by communication means determined by the Company as appropriate such as in writing, by sending an e-mail (mail magazine), or posting on the website, etc. In the case where such notice is given by sending an e-mail or posting on the website, the notice shall be deemed to be delivered to the members at the time of distribution on the Internet.
- The Company may change the specifications of videoAC, including an improvement, addition and deletion, etc. Users shall agree to such change in advance.
- The Company shall not assume any liability for the websites which users access via the link from videoAC. Link does not mean that the hyperlink destinations and the Company have the relationship of affiliation or business partners, etc.
- Even in the case where any part of the Terms and Conditions of Use was held to be illegal, invalid or unenforceable by laws or regulations, any other provisions of the Terms and Conditions of Use shall continue to be in effect.
- The Terms and Conditions of Use shall be governed by the laws of Japan.
- Osaka District Court shall be the court of exclusive jurisdiction by agreement in the first instance over any disputes concerning the use of videoAC and templates stored by videoAC or downloaded from videoAC and used.
2024-09-04 一部改訂