Terms and Conditions

Last updated: Aug 27, 2021

These Terms and Conditions applies to your use of heyfroggy.com, eefoto.com, epi9.com, and its sub-domains such as jp.heyfroggy.com, also referred to as "Website" including any content, functionality, and services offered on or via our Website. The Website is operated by Yuka.C and our team (hereinafter referred to as “We”, “Us” or “Our”. References to “We”, “Us” or “Our” also includes any group companies or teams which we may have from time to time.)

Agreement to Terms

Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions, and it includes:

If you are under 13 years of age, you may not use our Website. If you are between 13 and 19 years of age, you must have parental or legal guardian permission in order to agree with our Terms and Conditions to use our Service.

If you do not agree to all these Terms and Conditions, you should stop using our Website or any of our services.


Terms and Conditions modifications

We are a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website and these Terms and Conditions from time to time, at our discretion. If we make any major changes to this Terms and Conditions we will post a notice on our Website.

We reserve the right at any time and without notice to remove the Website (or part thereof) for whatever reason, or to interrupt the operation of the Website (or part thereof) as may be necessary to perform routine or non-routine maintenance, error correction or other changes.


Accessing the Website, Security and Privacy

We are working hard on improving our Website, but we can't guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss.

We also do not guarantee that the Website or any content provided on the Website is error free. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Termination

You may create a user account and be asked to provide certain registration details or other information. We reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms and Conditions, or considers to be unacceptable.


Intellectual Property Rights and Use Guidelines

For purposes of these Terms and Conditions, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website.

For the purposes of these Terms and Conditions, “Content” also includes all User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website s at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.

The Website and its original content, features, and functionality, are owned by us, our licensors or both (as applicable) and are protected by Japan and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, use, sell or print any of our copyrighted material, except to the extent permitted by the Website itself.

You may not to:
  • attempt to decompile or reverse engineer any software contained on our Website
  • use any Scraper, Robot, or any automation tools, or programs to access our Website
  • remove any copyright or other proprietary notations from the contents
  • transfer the contents to another person or "mirror" the contents on any other server

We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any Content from the Website.


Limitations of Use for contents

( 1 ) Contents or services you purchased on our Website

Except where otherwise noted, You can use the content solely in your own projects.

You may not:
  • resell or share the Content by itself.
  • claim our content as your own.
  • upload our content where people can download.
  • use the Content for sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
( 2 ) Free Contents created and provided by us

Except where otherwise noted, most of our Free Contents are under:

Attribution CC BY 4.0

This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. 

View License Deed | View Legal Code

You can confirm Creative Commons License that described with each content page.

 Examples of the proper way to credit me: @YukaC – heyfroggy.com

Even it’s free, you can not:
  • resell the Content by itself.
  • claim our Content as your own.
  • use the Content for sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

We have the right to ask you to remove the attribution information upon request.

( 3 ) Contents provided by our partner or third party

Please find the Terms of Use on each content provided by the creator. Each content may set different Limitations of Use.

You may get some contents for free, or need to access their own website. The links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site.

We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to review the Privacy Policy of every site you visit.


As is

These services, information, and contents on our Website are provided "as is". We make no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this Website.


Ownership of our content

You hereby acknowledge that We, our licensors or both (as applicable) are and remains the owner of all rights. You may not sublicense, sub-distribute, or resell the content as your own.


Portfolio Use

You may purchase custom content on our Website. Except where otherwise noted, We shall be permitted to use all Works in our portfolio after such Works have been made public by the Client.

Feedback & Comments

We may encourage your feedback, in the form of reviews, comments, ideas, voting, and suggestions or recommendations for modifications, improvements, or changes to the Services or the Website that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all rights, title, and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other products or services.


Disclaimer

Disclaimer for contents of Website

The Website contains user-generated content, and also may contain message boards, personal web pages, forums, or other interactive features that allow you to upload, post, submit, publish, display, or transmit to other Users’ content on or through the Website. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:

  • Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Not infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.
  • Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions.
  • Not be likely to deceive any person.
  • Not promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Not cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
  • Not involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Not give the impression that they emanate from us or any other person or entity, if this is not the case.
  • Not used, if public, as test empty documents with no actual content, or typing exercises: please respect our community and help us minimize the clutter.

We do not undertake to review all material before it is posted on the Website. The website disclaims any responsibility for the accuracy of the content of this website. You assume all risks of viewing, reading, using, or relying upon this information.

You download information from this site at your own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms or other corrupting factors. The website assumes no responsibility for damage to the computers or your software or any person you subsequently communicate with from corrupting code or data that is inadvertently passed to your computer. Again, you view and interact with this site, or banners or pop-ups or advertising displayed thereon, at your own risk.

We have not reviewed all of the sites linked to its Internet website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by our site. Use of any such linked website is at the user's own risk.

Disclaimer of Warranties, Limitations of Liability

Your use of our Website including banners, advertising, pop-ups, service, and downloads is at your sole risk. The service and contents are provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for damages (including, without limitation, damages for loss of data or profit, or due to business interruption), direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limits to attorney's fees) arising from your violation of any third-party's rights. You forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature. The use and/or embodiment by us in our services of any materials provided by you to us hereunder will not violate or infringe upon the rights of any third party.

Compensation and sponsorship

Some of the links on our Website may be affiliate links. This means if you click on the link and purchase an item, we may receive an affiliate commission.


Payment and Signup

You may be required to purchase to access some of our services or contents, or you may sign up for a user account.:

  • You agree to provide complete, accurate, and current information about purchase and yourself.
  • You agree to maintain the security of your passwords and identification.
  • You agree to promptly update your account and payment information to keep it accurate so that we can complete your transactions and contact you as needed.
  • You agree to be fully responsible for all uses of your account.
  • You must not set up an account on behalf of another individual.
  • You must be over 20 years of age to purchase any of our Services or Contents.

If you are under 19 years of age, you must have parental or legal guardian permission in order to purchase any of our Services or Contents.

Payment System

We use online payment system such as PayPal and Stripe. Our services and contents are priced in U.S. dollars or Japanese yen.

Recurring Charges or Subscription

If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

Cancellation for Recurring Charges or Subscription

You can cancel your subscription at any time. Your cancellation will take effect at the end of the current paid term.

Refund Policy for digital contents you purchased

Due to the nature of the contents we sell, all digital contents on our Website are non-refundable, once you access or download our contents.

Modifications to the service and prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the service.


Jurisdiction and Venue

These Terms and Conditions and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the Japanese laws without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the proper court shall be the closest court to our address in Japan.


Waiver and Severability

Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitute the entire agreement between you and us and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms and Conditions). If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.