Terms and Conditions of Use set forth below are a legal agreement between users of https://es.silhouette-ac.com (hereinafter referred to as “silhouetteAC”) and ACworks Co., Ltd. (hereinafter referred to as “Company”), the owner and operator of silhouetteAC. By using silhouetteAC, 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 silhouetteAC.
Downloading and Using Silhouettes
- A user who downloaded vectors may freely alter, edit and use the illustrations for any purposes, including commercial purpose. A user may freely use the downloaded illustration 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 vectors that can identify any specific individual in pornography or illegal or any other immoral purposes, to use vectors in a manner that might eclipse the reputation of that individual, or to use vectors for the purpose of presenting recommended products and/or services such as “Voices from Customers”.
- (2) Vector may not be used in a manner prejudicing the features, grade, honor or credibility of the model in the vectors (refer to any of the persons, goods and landscapes) on the Site.
- (3) Vector may not be used in relation to articles, movies, advertisements and publicities, etc., which have illegal, false or defaming content.
- (4) Silhouette vector 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. Silhouette vector 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 silhouette vectors 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) Silhouette vector may not be used in a manner disturbing publication of vectors of the Company.
- (7) It is not permitted to use the silhouette vectors or the secondary works, containing processed vectors 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 silhouette vector as a trademark.
- (9) It is not permitted to use silhouette vectors by copying to hard disks of servers, etc., and use them in multiple PCs through LAN connection, etc.
- (10) In the case where The Company determined that it is inappropriate to be posted on silhouetteAC for some reason, The Company shall have the right to delete any image, even if there is any purchaser of that image. If The Company deletes the image, The Company shall not be obligated to give notice to the member who purchased the image of the fact of deletion of the image and its reasons.
- (11) In the case where the Company determined that it is inappropriate to be posted on silhouetteAC for some reason, the Company shall have the right to delete any silhouette vectors, even if there is any purchaser of that vectors. If the Company deletes the vector, the Company shall not be obligated to give notice to the member who purchased the vector of the fact of deletion of the vector 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.
- The Company does not obligate written model release (consent to use of portrait right) for each silhouette vector which contains an identifiable individual. Therefore, the Company shall not warrant that users can use the vectors without the consent of the individual as to the vector 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 silhouette vectors on silhouetteAC 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 vectors to confirm that all rights, consents and licenses required for use of vectors are obtained.
- The Company cannot warrant the legality of silhouette vectors stored in silhouetteAC. The Company shall not be liable for any infringement related to use of vectors. Silhouette vectors shall be used at the responsibility of users.
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.
- 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 silhouetteAC or the use of the templates on the silhouetteAC to users, other persons or entities.
- The Company shall not be obligated to manage and store the uploaded silhouette vectors. The Company shall not assume any liability for damage and disappearance of vectors 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 silhouette vectors by the users who downloaded them.
- The Company may close silhouetteAC 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.
- 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 silhouetteAC, 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 silhouetteAC. 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 silhouetteAC and templates stored by silhouetteAC or downloaded from silhouetteAC and used.