GP ｜ Terms of Use

Please take the time to read our terms of use before registering. By registering with us and downloading photos, you are deemed to have agreed with the below terms and conditions.
This website is owned and operated by Global Photo Exchange, Inc., (GP). GP provides digital photos and digital images (we call both of them 'Photo') to members who registered to use the website.

1. Registration: In order to become a member of our site and be allowed to download Photos, you must register with us and provide all of the details required on the registration form.
It is a condition of using our site and downloading Photos that the information you provide to us on registration and at all other times will be true, accurate and complete.
You also agree that you will ensure that this information is kept accurate and up to times. If GP find this information is not accurate, GP may suspend, terminate or eliminate your ID provided on registration and may also suspend, terminate or eliminate your registration and membership. If you subsequently provide the correct details, GP, may in its sole discretion, reissue your ID. If you do not respond to the reasonable queries or GP, GP may also suspend, terminate or eliminate your ID, registration and membership.

2. ID and Password: When you finish completing your registration, your ID and password will be automatically sent to you by email. You will be asked to provide a secret password on registration and please keep your password confidential all the time. Passwords can be changed any time through our website.
Any action conducted on this site with your supplied password can be regarded by GP as the conduct by a user holding the relevant ID and you will be responsible for all such actions whether or not you personally made the actions.
Please notify GP, in case your ID has been subject to unauthorized use or your ID and password have been compromised. In this event, GP will suspend or terminate the relevant ID from date of the notice to GP. However GP will not warrant any loss or damage caused by a third party misusing your ID and password.

3. Privacy commitment: GP has a policy to protect all personal information gained from you. Our use and storage of your personal information is governed by the terms of our Privacy Policy.

4. Guideline: Upon your successful registration, GP will send you "Guideline to use GP and User's Guide" (Guideline) by email. The Guideline will complement the Terms of Use your use of our website will deem that you have agreed to comply with the terms and conditions contained in the Guideline.

5. How to purchase Photo: Following purchase of a photo, you will be able to download the photo to your computer from our site.. All purchases are final, and you cannot return the purchased photo, as downloaded digital information is not returnable. If the photo file is damaged or incomplete and you can prove this to the satisfaction of GP, we will agree to allow you to make a further download of the subject photo as full and final compensation.
You can pay either by your credit card or with our points given to a purchaser to buy our photo.
GP will give you points matching to the price and you can use the points to pay. After a purchaser transfer the money to our account, we will convert 1 yen into 1 point and give him converted points which will be showed in the payment corner. You can buy photos within the given points.
You can buy with your credit card within the amount the credit card issuer's permit AND GP's guided amount.
GP will take our commission fee and transfer the price that the photo provider charged for the photo to the provider's bank account.

6. The persons concerned to purchasing contract of Photo: Other than the terms of this agreement and the Guideline, there is no contract between members and GP concerning the purchase of photos.
The contract concerning the purchase of a photo from GP's website is directly between you and the Photo provider. Excluding a technical trouble which is generated by our website, GP is not responsible for any trouble or damage resulting from your acquisition of the photo and any troubles should be solved directly by Photo provider and Photo purchaser.

7. Contents of Photo Purchasing Contract: Below is the basic terms and conditions that are contained in the Photo Purchasing Agreement between Photo providers and Photo Purchasers.

  (1) Licensing and Copyrights Retainment
    By purchasing Photo contract, Photo provider permits the Photo purchaser a license to use the photo. Copyright of the photo is retained by the Photo provider and will not be obtained by the Photo purchaser.

  (2) One Time Use Policy
    A Photo purchaser can use the purchased photo only once, unless the provider and purchaser agree that the copyright of photo provider is transferred to the purchaser.

  (3) For multiple uses of a photo, you have to buy the photo each time you use it through our website.
    The photo use policy is stated as below;
      -for use in a newspaper,
        A newspaper of one brand can use one photo per daily edition.
      -for magazine,
        One magazine can use a photo for one edition.
      -in TV show,
        A broadcaster or a provider of the show can use a photo for one program for an initial broadcast (not including repeats).
      -in TV commercial,
        An advertiser can use a photo for one season for one broadcast event (not including repeats).
      -in a website,
        A website can use a photo for a year.
      -for a movie, a video, a game software, CD, and DVD,
        One title of these media can use a photo.
      -for a book,
        One title of a book can use a photo. When revised or reproduced, you have to buy the photo license again.
      -for a photo book,
        One title of a photo book can use a photo. When revised or reproduced, you have to buy the photo again.
      -for interior decoration for a building (i.e. corporations, hotels, shops, offices),
        An organization or a person can use a photo in one building for a year.
      -for printing material for a product,
        One product can use a photo for one publication for a year.
      -for the purpose except for the media above (billboard, presentation, image presentation, the internet, poster, brochure, flyer, PR magazine, catalog, calendar, direct mail, postcard, wrapping paper, company brochure, annual report, newsletter, in-house publication etc.)
        Each publication can use a photo for one single purpose for a year. For an advertising purpose, you can use a photo for one advertiser, like a company, a product, a service or a star.
      -for a material for a work by a illustrator, a designer, or a comic author,
        Each creator can use a photo for one artwork.
      -for a presentation in a meeting or a conference,
        An organizer can use a photo for one presentation.
      -for educational materials,
         A teacher can use a photo for a single purpose.

  (4) Exceptional use, Royalty free and Copyright transfer
    In case a photo purchaser wants to use a photo in a manner other than that described in usage in section (2), he or she can contact the Editor in GP and GP will discuss the form with the provider and make a decision.

  (5) Prohibition of transfer or permission for third person to use a photo.
    When used as described in (2) and (3) and if the copyright was not transferred under the procedure of (3), a photo purchaser cannot transfer or permit to use the digital data or copy of the digitalized data of the photo to any third person.

  (6) Prohibition of Photo storage
    After using the purchased photo, the Photo purchaser is not allowed to file or store the photo after expiration of the term of use. User agrees to delete or discard the photo after its use.

  (7) Photo Caption
    If the photo purchaser writes a photo caption for a purchased photo, the following credit information should be included, without alteration.

8. Unauthorized Use of Photo: Downloading, using, and enlarging our Photo thumbnails without payment are regarded as unauthorized use. Also using our Photo in an image or a comic without downloading is unauthorized use, too.
GP is monitoring the usage of our Photo purchased in our website (GP) as much as possible. When GP find any unauthorized use of our Photo, we will cancel the membership and charge you fines and penalties by legal means.

9. Guarantee of Copyright and Right of Portrait by Photo provider: Photo provider guarantees that it owns the copyright in the photos and that no issues about copyright (including moral right) and right of portrait will exist. In case an issue about copyright and right of portrait arise, a Photo provider should solve the issue with his responsibility and cost.

10. Prohibited Conduct: GP will not admit any distribution of obscene Photo. GP strictly prohibits any distribution of Photo that lead to criminal conduct. GP prohibits any Photo caption that has antisocial contents with discriminative, harmful or obscene description. If we find any Photo caption with these descriptions, GP will prohibit the member to upload the Photo as well as Photo caption.
GP is authorized to monitor and check the entire Photo and all the Photo captions uploaded in our website. If we find or conclude any prohibited conduct described above, we are also authorized to delete the concerned photo and the photo caption.
We will notify the deletion to the provider of the photo individually in our communication page.

11. Difficulty of GP website: In case of any interruption of service for our website, GP will do our best to restore our service. However GP will not be responsible to any damage and loss caused by our website stoppage, whatever its cause. Only when Photo purchaser cannot download a purchased photo after payment because of GP website's difficulty, we will do our best to get the purchased photo for the purchaser.

12. Suspension and Cancellation of Membership: GP can suspend or cancel membership of a person who violates our Terms of Use. GP will notify the suspension or cancellation of membership to the person individually in our communication page.

13. Withdrawal from Membership: You can request your withdrawal from our membership through our communication page. We will confirm your payment is completed first. We will cancel your membership after suspending it for a certain period. Upon withdrawal we request the Photo provider to delete all the photos uploaded in our server. GP will notify when to delete to the provider individually in our communication page, after confirming no purchasing conduct is in progress.

14. Amendment of Terms of Use: GP will have the right to amend Terms of Use if necessary. GP will notify any material changes of terms to our members in each member's (marketplace) page.

15. Problem Resolution: GP will talk with our member sincerely and try our best to solve problems caused between GP and our member. However, if not solved by communication and we have to choose legal step, our exclusive settlement court will be Chiba District Court. These terms will be governed by with the laws of Japan.