Terms of Service

Article 1 (Definitions)

The terms used in these Terms of Service are defined as follows:

• The Company refers to hodas.co.ltd and MamaRazzi, which operate the Kids Tokei Club.
• This Site refers to the website operated by hodas.co.ltd and MamaRazzi.
• Member refers to a person who has agreed to these Terms of Service, applied for membership registration according to the procedures established by the Company, and whose registration has been completed.
• Model refers to the member and the member's children.
• The Photos, etc. refers to photos and videos of the model and their family (hereafter "Model, etc.") that the member wishes to post, as well as photos and videos of the Model, etc. taken by the Company.
• The Service refers to the service of posting the Photos, etc. on This Site and all other related services.
• Personal Information refers to information provided by the model at the time of application or model application, such as the model's name, address, telephone number, e-mail address, and the Photos, etc.

Article 2 (The Service)

The Company will post the Photos, etc. on This Site as part of The Service. However, the Company may choose not to post even if requested by a member.

The Company may remove any of the Photos, etc. posted on This Site at any time.

The Company may modify or alter the Photos, etc. as necessary for The Service.

All rights to the Photos, etc., including copyright (rights specified in Articles 27 and 28 of the Copyright Act) and all other rights, shall belong to the Company at the time the member submits or transmits them to the Company or when the Company takes photos of the Model, etc.

The Company may use the Photos, etc. freely, indefinitely, and worldwide on the internet, in broadcasts, advertisements, printed materials, promotional materials, products (photo albums, magazines, books, DVDs, merchandise, etc.). The model shall not exercise any rights, such as moral rights or portrait rights, against the use of the Photos, etc. by the Company, nor shall they allow anyone photographed in the Photos, etc. to exercise such rights.

The model shall not use, nor permit a third party to use, the portrait of the model for business similar to or competitive with the business conducted using the Photos, etc. by the Company during the period of membership and for one year after losing membership status without prior written consent from the Company. However, businesses conducted by licensors and sublicensees of the Company are excluded.

The member agrees that the Company and its affiliated companies may send the member advertisements, surveys, etc., via email or postal mail.

Article 3 (Scope of Application of These Terms of Service)

These Terms of Service apply to all relationships between the member and the Company regarding the use of This Service.

Article 4 (Changes to These Terms of Service)

• The Company may change these Terms of Service within a reasonable scope without prior notice and consent from members. The changes will take effect from the date specified by the Company after posting the amended Terms of Service on This Site.
• By using This Service after changes to these Terms, members are deemed to have agreed to the modified terms.
• The Company bears no responsibility for any disadvantage or damage incurred by members as a result of changes to these Terms.

Article 5 (Membership Registration)

Membership registration is completed when the information submitted by the applicant through the prescribed procedure on This Site reaches the Company, after agreeing to these Terms of Service.

When applying for membership registration or applying as a model by a minor, prior consent from the guardian is required. When a minor applies or applies as a model, it is guaranteed that consent from the guardian has been obtained.

The Company may cancel the membership registration in the following cases, without disclosing the reason:

• a. If there is any false statement or deficiency in the necessary registration information provided at the time of application for membership registration.
• b. If the applicant for membership registration has been previously suspended from using all or part of This Service or had their membership deleted due to a violation of the membership agreement, etc.
• c. If the applicant for membership registration has already completed membership registration.
• d. If the applicant for membership registration does not exist.
• e. In any other case where the Company deems the membership registration to be inappropriate.

Members must promptly update their registration information if there are any changes, according to the prescribed procedures. The Company is not responsible for any disadvantages incurred by models due to failure to update or delay in updating.

Article 6 (Personal Information)

The Company will use the personal information provided by members for the following purposes:

• a. Posting of the Photos, etc. on This Site and in printed materials related to the Company.
• b. Sending emails and postal mail for photo sessions and events organized by the Company and its affiliated companies.
• c. Use of the Photos, etc. for product samples displayed at photo sessions.
• d. Sending advertisements and surveys via email and postal mail.
• e. Marketing analysis.
• f. Management of personal information and administrative communication.

The Company will provide personal information to third parties for the purpose of providing This Service, with separate consent from members.

The Company takes utmost care in handling the personal information of models and will not disclose or provide the personal information to third parties other than the pre-specified recipients. The Company will handle personal information in accordance with these Terms of Service and the privacy policy. Also, the personal information received may be managed together with offline-acquired personal information.

Article 7 (Use of Member Information, etc.)

• The Company will use opinions, wishes, surveys, etc., provided by members to offer better services.

Article 8 (Interruption and Suspension of The Service)

• The Company may interrupt or suspend part or all of This Service without prior notice or consent from members in the following cases, among others:
  • a. In case of trouble with the system or network of This Site, maintenance, or other unavoidable operational reasons.
  • b. In case of force majeure, such as fire, power outage, natural disaster, etc., that makes it difficult to provide the service.
  • c. In other unforeseen circumstances that make it difficult to provide This Service.
• The Company bears no responsibility for any disadvantage or damage incurred by members as a result of the suspension or interruption of This Service.

Article 9 (Prohibited Actions)

• Members are prohibited from engaging in the following actions when using This Service:
  • a. Actions that violate these Terms of Service.
  • b. Actions that infringe on the assets (including intellectual property rights), rights, or legal interests of third parties (including other members) or the Company.
  • c. Actions that discriminate against or violate the human rights of third parties (including other members).
  • d. Actions that defame or slander third parties (including other members) or the Company, damage their reputation or credit, or infringe on their privacy or portrait rights.
  • e. Actions that transfer, lend, or provide as collateral, whether for a fee or free of charge, all or part of the rights and obligations acquired through This Service to a third party.
  • f. Deliberately exposing one's member ID, etc., to others or allowing a third party to use it.
  • g. Impersonating another person (including fictional characters) to use This Service.
  • h. Actions that hinder the operation of all or part of This Service.
  • i. Actions that violate laws or public order and morals.
  • j. Actions related to religious solicitation.
  • k. Actions that promote the activities mentioned in the previous items.
  • l. Actions that the Company deems to have the potential to fall under the previous items.
  • m. Other actions that the Company deems inappropriate.
• If a member violates the previous paragraph or if the Company deems a member to be inappropriate, the Company may suspend the member's qualifications or delete the member's registration without prior notice or consent.
• Even if a member suffers disadvantage or damage as a result of being suspended or having their registration deleted due to the previous paragraph, the Company bears no responsibility.

Article 10 (Member's Responsibility for Using This Service)

• If a member causes damage to a third party or a dispute arises with a third party in connection with the use of This Service, the member is responsible for resolving it at their own expense.
• If a member causes damage to the Company, intentionally or negligently, in connection with the use of This Service, the member must compensate for the damage.

Article 11 (Governing Law)

The establishment, effect, performance, and interpretation of these Terms of Service shall be governed by Japanese law.

Article 12 (Consultation)

In the event of a problem between a member and the Company regarding these Terms of Service or the use of This Site's services, both parties shall consult with each other in good faith.

Article 13 (Jurisdiction)

In the event of a dispute between the Company and a member regarding these Terms of Service or This Service, the Osaka District Court shall be the exclusive jurisdictional court of the first instance.