04. The Company will provide the Users with necessary information from time to time by means of notification that The Company considers, in its sole discretion, reasonable such as sending an email, posting on the Service website etc.
05. The notifications mentioned in Article 04. will be effective and enforceable on the date such notifications are sent or posted on the Service website.
06. Minors couldn't visit Birds Heaven website, books and content related to the website isn't suitable for younger audiences.
07. Minors aren't allowed to register on the website nor uploading any profile photo.
08. In order to use the Service, the User needs to register for the Service and provide true, accurate, current and complete self-information in accordance with the registration form.
09. Upon accepting the User’s registration, The Company will provide the User with a set of User ID for the Service.
10. The Company can at any time suspend the User’s account when The Company reasonably believes that the User failed to provide true and accurate data.
11. Users may use the “Upload photo” function without prior registration, hence the User required to clearly show accurate data about the Photos rights and the contributors data, including how Birds Heaven may use the photo in the future. This act of using the site doesn't create a direct registration on the site, but creates a fingerprint media, which will have restricted usage further on.
Account and Password Security
12. The User shall be fully responsible for the security of the User ID and password including but not limited to damages, losses and/or expenses from being used in error or wrongfully used.
13. The User shall notify The Company of any unauthorized use of the User’s ID or password immediately after recognizing such use and follow The Company’s instruction, if any, in order to prevent the User’s ID and password from being used wrongfully.
14. The User shall be fully responsible to manage and store all data of photographs, information, text, images, graphics, data or other materials (the “Content”) they have created on their own responsibility. The company shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service. The User shall be solely responsible for creating back-ups of their Content.
15. Photos of the user, props made by the user, photos taken or edited/collaborated by the user, and photos of the user's likeness posted with permission from other users may be uploaded to this website. (Below, these specified photos will be referenced as “submitted photos”)
16. The creation and processing of the photograph which was uploaded to our service cannot be uploaded by users other than the user/subject photographed, photographer, post-processor/editor, and related persons directly involved in the creation of that photograph and owning the rights to distribute. (Below, these specified people will be referenced as “directly involved persons”)
17. If any of the directly involved persons request for any submitted photos to be removed, they have the right to remove the photos from our service.
18. If the photo is published by a minor, any display of suggest themes, violence, and similar unsuitable displays will be removed.
Please check the list below, as they are grounds for removal.
- Display or exposure of genitals, or extreme exposure of skin
- Sexually related, sexually implied, touching of genitals, intercourse, or sexual actions
- Images or ideology of extreme violence, mayhem, or imitation of such behaviors where it may cause danger or stimulate someone to do the same
19. The following conducts are prohibited on the Service. The User agrees that the Company may remove or delete the Use’s account, the User’s profile data and/or any images that the User has uploaded and prohibit future use of the User. In addition, the Company shall not responsible to salvage the removed images.
- Infringement or possible infringement of intellectual property rights such as copyright or design right of the Company or a third party;
- Reprinting of image data from this site without the creator's permission;
- Violation or infringement of any property, privacy or copyright of the Company or a third party;
- Conducts that discriminate unfairly or slander of the Company or the Third Party, encourage of discrimination against the Third Party, or damage their reputation or credibility;
- Posting the following images and information;
- Information that slanders any Posted Images maintained on the Service;
- Information identifying the name, address, work place, telephone number of the contributor (Including the case one can identify by checking through the posted images);
- Images and information that its veracity is difficult to confirm, or deceptive content;
- Any other images and information that the Company has determined to be inappropriate;
- Conducts that violate laws, regulations or ordinances of the countries and/or regions where the Service has been provided;
- Conducts that upload illustration and/or photographs of animals, still life (excluding self-produced cosplay tools and clothes), landscape and/or ready-made products themselves.
- Conducts that may express sexually explicit including but not limited to a child porno and descriptions of sexual organs or intense violence, result in criminogenic effect, defamation, discrimination, ignore public order and standards of decency, or give someone a discomfort feeling;
- Conducts that may result in any impersonation of any person or entity, including but not limited to the Third Party;
- Conducts that may spread false information and deceive other Users;
- Conducts that may collect personal data of the Third Party;
- Glorifying, provoking or encouraging suicide, parasuicide or drug abuse;
- Conducts that may disrupt or interrupt the operation of the Service;
- Commercial advertising activities that The Company considers excessive or improper;
- Conducts that may set links of a third party’s website or induce traffic from a third Party’s websites that The Company considers excessive or improper;
- Posting image data for commercial or for-profit advertisement, publicity or inducement (except those we accept), image data containing links of affiliates, endless money chains, chain mails, MLM, read-mails, image data that aims to spread harmful programs such as adult sites, one click fraud sites, virus, other image data that we judged to be leading to inappropriate sites (including the site link), or image data that the Company judged inappropriate;
- Expression usage that may cause discrimination on race, ethnic, gender, age or opinion;
- Putting burden on the server over the normal extend or damaging the service operation or network system;
- Rewiring or deleting information stored on our facilities improperly;
- Sending or posting computer programs which contains harmful virus;
- Any action that violates the laws, morality, the terms or other conditions, or that the Company judge violating the right of others;
- Conducts that may detriment or slander the Service; and
- Any other conducts that the Company considers improper.
Rights to image data
20. The Users who Upload Images (or “Posted Images) on the Service shall assure that the Posted Images do not violate any right of a third party. In case any disputes such as violating any right of a third party occure on the Uploaded Images, the User must solve the dispute at the User’s responsibility and expense and the Company will not be held responsible. The user shall not harm the Company whatsoever.
21. The Company owns all copyrights and other intellectual property rights in the software etc. provided by the Company in relation to the Service (the “Software”). The Company grants the User the non-exclusive right to use the Software only for the purpose of using the Service. The User shall n not reproduce, copy, modify, translate, create a derivative work from, reverse engineer, decompile or reverse assemble the Software without obtaining prior written approval from the Company.
22. The User agrees to grant the Company the royalty-free and perpetual right, in related to the Posted Images, to modify, copy, revise, alter (including but not limited to resize and change the brightness of the photograph) or sublicense of such rights to the extent that the Company may deem necessary (“Modification”). When the Company use information of the Content, the name or part of the information displayed can be omitted.
23. The User agrees not to exercise the moral right of the Posted Images, nor to have the author exercise the moral right of the Posted Images, when The Company exercises the license in accordance with the Article 9-2 above.
24. The Company shall not be responsible for storing the Posted Images in the Service. Therefore, the User should always have the back-ups of such photographs.
Suspension of the Service
25. The Company may temporarily cease the provision of the Service without prior notification to the User when the following events occurred;
- When the facilities of the Service are during maintenance;
- When the facilities of the Service are in failure;
- When the telecommunication provider fail to provide the service; or
- When The Company considers it necessary.
Termination of the Service
26. The Company may, at any time, modify or cease all or part of the Service. The Company will delete all or part of the Posted Images upon termination of the Service. The User cannot request The Company to return such Posted Images.
27. The Company may collect the User’s information including name, gender, birthday, password, mail address, IP address, access history (“User’s Information”). The Company will manage such User’s Information properly and use such User’s Information for the following purposes:
- For identification or to prevent fraudulent use and spam protection;
- To introduce The Company’s products or services;
- To provide information in relation to the Service;
- To analyze such personal information for the purpose of improving the Service;
- To provide advertisement in regard to The Company or its business partners;
28. The Company may provide a third party with User’s Information in the following circumstances:
- When The Company provides certain business partner with User Information to the extent that the business partner needs to know such User’s Information in order to implement the business in relation to the Service entrusted by The Company, only after The Company has imposed on the business partner an obligation, in a contract etc., to manage such User’s Information properly; or
- When The Company provides the result of the analysis of User’s Information, only after editing and processing such User’s Information into unidentifiable information.
29. The Company will not provide the User’s personal information to a third party, except in the following circumstances:
- When the User personally agree to such provision in advance;
- When the law allows;
- When it is necessary to protect a person’s life, body or property, and obtaining the User’s prior consent is difficult;
- When it is especially necessary for improving public health or promoting the sound growth of children, and obtaining the User’s prior consent is difficult;
- When The Company is required to cooperate with a state organ, local government, or an individual or a business operator entrusted by one in executing the affairs prescribed by laws and regulations, and obtaining the User’s prior consent is difficult; or
In the case that the User’s personal information is provided as a result of the succession of our business in a merger, demerger, business transfer, etc.
No Warranty and Disclaimer
30. The User acknowledges that he/she uses the Service at his/her own risk and responsibility. The User shall prepare necessary PC, mobile phone, device, communication device, operating system, communication means and power necessary for using the Service under the User’s own responsibility and at the User’s own expense.
31. The Company doesn’t guarantee that the Service (including but not limited to the Posted Images) is free from de facto or legal flaws (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness to certain purpose, security-related faults, flaws, bugs, violation of rights). The Company shall not be responsible for providing the Service without such defects.
33. The Company is not involved in communication between the Users. In case any dispute occurs among the Users, the Users must solve at the Users’s responsibility, and the Company will not hold any responsibility;
34. The Company, concerning the Posted Images, and other information about the Posted Images, takes no responsibility in the accuracy of legally documenting information. The Company also assumes no responsibility on suitability for the Posted Images by the User, concerning the internal rules of propriety for corporations and organizations they belong to;
35. The Company, in the cases listed below, shall browse, store, or disclose to third parties, concerning the Posted Images and information about the Posted Images. (will state hereinafter in this subsection as “viewed.”). The Company assumes no responsibility whatsoever for any damages resulting from this action:
36. The Company may terminate or suspend the membership, delete all or part of the image data or change the published limitation of the User when the Company judge there are enough reasons to support that the User violated or may have violated the Terms and Conditions or any other conditions. The Company assume no responsibility whatsoever for any damages resulting from this action.
Right of Termination
39. The Company, in following ways, can make public changes and can delete all or parts of the information concerning Posted Images (including images themselves) that violate the terms and conditions:
- When the Company will determine the information concerning the Posted Images (including images themselves) as obscene;
- When professional or public institutions (national, local governments, organizations ensure reliability guidelines set forth in the law regarding disclosure of information and the caller's liability limits specified telecommunications service provider, the Internet Hotline, or lawyers) point out that the Posted Images or information about the Posted Images are illegal, offensive to public order and morals or violates the right of a third party;
- When a third party claims the copyright of the Posted Images;
- When the Company believes that the Posted Images and information about the Posted Images violate the copyright of third parties.
Procedure to Prohibited Act
40. The Company will take the following measures upon the perpetrating user when the User violates the Terms and Conditions, and any other conditions, or when the Company judges necessary:
- Request to delete or revise the Posted Images;
- Delete part or all of the Posted Images, change the range of publication or disable browsing;
- Compulsory execution to terminate the membership;
- No acceptance of the membership.
The user shall have no objection to these measures of the Company.