Individual terms and conditions regarding intellectual property rights

  1. Article 1. Purpose


    These Individual Terms and Conditions (hereinafter called the “Terms”) stipulate the matters regarding compliance with applicable laws and regulations in services relating to Faceswap Web (hereinafter called the “Services”) provided by Clave LLC (hereinafter called “Company”) on this website and via servers, etc. managed by Company. Any registered member of Faceswap Web (hereinafter called “Member”) shall use the Services in accordance with the provisions of the Terms, complying with any and all applicable laws and regulations including non-infringement on intellectual property rights such as copyrights of third parties.

  2. Article 2. Prohibition of Infringement of Intellectual Property Rights


    Company prohibits Member in using the Services from infringing on any copyrights, portrait rights or other intellectual property rights of third parties. Member shall use the Services after correctly understanding the intellectual property rights such as copyrights of third parties and shall not infringe on any of them in any way.

  3. Article 3. Specific Measures for Protection of Intellectual Property Rights such as Copyrights


    In using the Services, Member shall only use images or videos of any kind which are necessary for his/her use of the Services and whose intellectual property rights such as copyrights are owned by such Member, including any images or videos taken by such Member, in relation to expressions or information, etc. of any kind such as images or videos provided to the Services (hereinafter collectively called the “Images”) by uploading them to servers managed by Company or by other means. Member who does not own the intellectual property rights such as copyrights of any kind which are necessary for his/her use of the Services pledges that such Member shall only use the Images whose license is granted by their right holders to such Member and shall not use any Images without license from their right holders in any way.

  4. Article 4. Questions and Investigations


    Company may investigate, within a reasonable scope, any matters which Company considers to be necessary to provide the Services in relation to usage situation of Member such as asking any questions to such Member or request such Member to submit any materials to Company. Such Member shall respond to such investigation or questions by the method designated by Company or submit to Company materials certifying the ownership of the intellectual property rights such as copyrights or the existence of licenses granted by the right holders

  5. Article 5. Absolutely Prohibited Matters


    1. Member absolutely shall not perform any of the following acts in using the Services in addition to the prohibited acts set forth in the article 12 of the terms and conditions of membership.

    (1) Infringement on any legal rights and interests including intellectual property rights such as copyrights of third parties through the Services;
    (2) Act related to any criminals;
    (3) Breach of laws and regulations or act contrary to public order or morals (public policy);
    (4) Destruction of or interference with any functions of servers or networks of Company, other Member or third parties;
    (5) Direct or indirect provision of favors to anti-social forces in relation to Company’s services;
    (6) Act of gaining unauthorized access or attempt of gaining unauthorized access;
    (7) Avoiding or attempting to avoid the measures provided by the Services to prevent prohibited acts; or
    (8) Any other use of the Services for any wrongful or illegal purposes

    2. If Company considers that Member has performed any of the acts set forth in the preceding paragraph in using the Services, Company may take any appropriate measures including but not limited to suspension of provision of the Services to the account managed by such Member or by any related Member, prohibition of such Member’s access to any data such as the Images stored in the servers managed by Company, complete deletion of all or part of any data or storage of access logs of such Member’s communications. Member agrees to such measures. In addition, Member shall use the Services after understanding that any data including the Images may be completely deleted or handled in any way by Company at its own discretion.

  6. Article 6. Damages


    If Member breaches any provision of the preceding article and Company incurs any damage due to such breach, such Member shall compensate for such damage. Company may individually set any penalties and such penalties shall apply to Member as part of the Terms. However, if the damage incurred by Company exceeds the amount of such penalties, Company may separately claim the amount exceeding such penalties against such Member.

  7. Article 7. Restriction on Use and Deletion of Registration


    1. In any of the following events, Company may, without any prior notice, restrict Member’s use of all or any part of the Services or delete his/her registration as Member.

    (1) If Member breaches any provision of the Terms;
    (2) If Member fails to reply to any questions or investigations from Company within a certain period of time or fails to reply to any of them in good faith; or
    (3) If Company considers that Member’s use of the Service is inappropriate.

    2. Company shall not be liable for any damage incurred by Member due to any acts performed by Company in accordance with the provisions of this article.
    3. Even if Company ceases to provide the Services to Member due to deletion of his/her registration, Company does not intend to exempt such Member from his/her obligations to Company’s claims, credits or other rights against such Member which have already arisen. Any and all licenses granted by such Member to Company such as a license to use his/her personal information shall remain effective even after such deletion of his/her registration and such licenses shall not be affected by such deletion.

  8. Article 8. Disclaimer of Warranty and Exemption of Liability


    1. Company does not warrant expressly or impliedly that the Services do not have any actual or legal defects (including defects, flaws, errors, bugs or infringement of rights in relation to safety, reliability, accuracy, completeness, effectiveness, fitness for particular purpose or security, etc.).
    2. Company shall not be liable for any damage incurred by Member arising from the Services. However, if any contract (including the Terms) executed between Company and Member is a consumer contract stipulated in the Consumer Contract Act of Japan, these provisions set forth in this article shall not apply to such Member.
    3. Notwithstanding the provisions set forth in the proviso of the preceding paragraph, Company shall not be liable for any damage arising from special circumstances (including damage which Company or Member foresees or may foresee) out of the damages incurred by Member arising from default or tort due to Company’s negligence (except for gross negligence). Company may set the maximum amount relating to compensation for damage incurred by Member arising from default or tort due to Company’s negligence (except for gross negligence) in any individual terms and conditions separately stipulated by Company.
    4. Company shall not be liable for any transactions, communications or disputes such as lawsuits which may arise between Member and other Member or any third party (hereinafter called “between Members”). Company shall not get involved in any dispute between Members and any dispute arising between Members shall be settled between such Members. However, Company may investigate any dispute between Members within a necessary and reasonable scope and request such Members to reply to questions from Company or to submit materials to Company.

  9. Article 9. Revision of the Terms


    Company may, at any time, revise the Terms as needed without any notice to Member. After such revision, Company shall inform Member of such revised Terms by posting them on this website or by other appropriate means. Member shall be deemed to have agreed to such revised Terms at the time when such Member starts using the Services.

  10. Article 10. Notification or Communication


    Any notification or communication between Member and Company in relation to the Terms shall be given or conducted by the method designated by Company. Unless Member gives notification of change to Company by the method separately designated by Company, Company considers that the contact information of Member currently registered with Company is effective and gives any notice to or conducts communication with such Member by using such contact information. Such notice or communication shall be deemed to have reached Member at the time of giving such notice or conducting communication.

  11. Article 11. Assignment of Rights or Obligations


    1. Member may not assign or offer as collateral any of its rights or obligations under the Terms to third parties without prior written consent from Company.
    2. In the case of any business transfer of the Services or any merger or company split of Company, Company may assign any of its rights or obligations under the Terms to the assignee of such business or other third party. In such case, Member agrees to such assignment.

  12. Article 12. Exclusion of Anti-Social Forces


    1. Member represents and warrants that such Member, his/her corporation, any representatives, responsible persons or officers of such corporation or any persons substantially involved in such corporation’s management (hereinafter collectively called the “Representatives”) are not any organized crime group, member of organized crime group, quasi member of organized crime group, person or entity related to organized crime group or other anti-social forces (hereinafter collectively called the “Anti-Social Forces”) currently and shall not be any of them in the future. Member represents and warrants that such Member does not have any socially criticized relationship with the Anti-Social Forces.
    2. If Company finds any fact contrary to Member’s representation and warranty set forth in the preceding paragraph, Company may terminate all or any part of the terms and conditions of membership and of the Terms executed with such Member, delete such Member’s registration or take any other necessary measures or actions without any notice or demand to such Member.
    3. Company shall not be liable for any damage incurred by Member arising from any measures or actions taken by Company against such Member’s breach of any provision of this article.

  13. Article 13. Validity of the Terms


    Even if any provision of the Terms is held by applicable laws and regulations to be invalid, the remaining provisions of the Terms shall not be affected thereby and shall remain in full force and effect except for such invalid provision.

  14. Article 14. Governing Law


    The Terms shall be governed by and construed in accordance with the laws of Japan.

  15. [Supplementary provisions]
    Established and enforced on December, 11, 2020