"Benex" Photo & Video Posting Guidelines

These guidelines set forth the conditions regarding posting, publishing, and applying for images and videos on the official Benex website and other channels.

These Guidelines set forth the terms and conditions regarding the submission, publication, or application (hereinafter referred to as "Submissions, etc.") of images and videos on the official website (hereinafter referred to as the "Official Benex Website, etc.") of the claw machine specialty store "Benex" operated by Tisco Co., Ltd. (hereinafter referred to as "the Company"). Customers wishing to apply for publication, etc. (hereinafter referred to as "Submitters") shall agree to these Guidelines prior to submitting an application for publication, etc.

Article 1 (Purpose and This Feature)

  1. Submitters may apply for publication on the Official Benex Website, etc., by directly uploading images or videos they have filmed or created (hereinafter referred to as "Submitted Content") via the dedicated form provided on the Official Benex Website, etc., or by submitting links (URLs) to Submitted Content posted on social media accounts owned by the Submitter (such as YouTube, X, Instagram, TikTok, etc.).
  2. No fees or charges of any kind will arise in connection with publication, management, or any other use, and both the Submitter and the Company shall use this feature free of charge.

Article 2 (Restrictions on Content for Posting)

Submitters may only make submissions of Submitted Content that features, or is related to, items obtained as prizes by the Submitters themselves at stores of the claw machine specialty store "Benex" operated by the Company (hereinafter referred to as "Company Prizes, etc.").

Article 3 (Contributor's Responsibility and Warranties)

  1. The Submitter warrants that they have the legitimate right to submit the Submitted Content and that such Submitted Content does not infringe upon any third party's intellectual property rights (copyrights, trademark rights, etc.), portrait rights, privacy rights, publicity rights, or any other rights whatsoever.
  2. In the event that any infringement of rights, claim for damages, or other demand, objection, or dispute (hereinafter referred to as "Disputes") arises from a third party regarding posted content, the poster shall resolve such Disputes at their own responsibility and expense, causing no inconvenience, disadvantage, or damage whatsoever to our company. If any damages are incurred by our company, the poster shall compensate for such damages (including reasonable attorney's fees).

Article 4 (Attribution of Rights and License to the Company)

  1. The copyright to Submitted Content (including the rights stipulated in Articles 27 and 28 of the Copyright Act) shall remain with the Submitter who created the Submitted Content (the copyright itself is not transferred to the Company).
  2. The Submitter grants the Company a non-exclusive, royalty-free, perpetual, and geographically unrestricted license to freely use (including reproduction, public transmission, adaptation, modification, summarization, editing, distribution, and sublicensing to third parties, including Company contractors) the Submitted Content for purposes related to the Company's business, such as promotions and advertisements including the Official Benex Website, etc., screenings on in-store displays, and social media communications.
  3. The Submitter shall not exercise moral rights of authors against the Company or any third party licensed by the Company regarding the use of the Submitted Content pursuant to the preceding paragraph.
  4. No compensation shall be paid by the Company to the contributor for the use of content based on this Article.

Article 5 (Compliance with Stealth Marketing Regulations for PR Posts, etc.)

When a Submitter makes a submission regarding Company prizes, etc., under direct or indirect entrustment from the Company (including, but not limited to, requests for PR services or provision of incentives), the Submitter must comply with the "Representations that are considered difficult for general consumers to distinguish as representations made by an entrepreneur (stealth marketing regulations)" under the Act against Unjustifiable Premiums and Misleading Representations (Premiums and Representations Act).

Article 6 (Prohibited Acts)

Submitters must not make any submissions that fall under, or are likely to fall under, any of the following items.

  1. Content showing only prizes won at stores operated by other companies.
  2. Content that infringes or may infringe on third-party intellectual property rights, portrait rights, privacy, reputation, credibility, or other rights (including content where third parties' faces or vehicle license plates are clearly visible without their consent).
  3. Content intended for commercial advertising, solicitation, or specific political or religious activities.
  4. Content containing expressions that offend public order and morals, obscenity, violence, slander toward others, or other expressions deemed inappropriate by our company.
  5. Submission of files or links containing harmful programs such as computer viruses.
  6. Content containing false statements that differ from the facts or superlative expressions lacking objective grounds (e.g., "No. 1 in Japan," "Best in the World," "Guaranteed to Win," or other expressions likely to mislead users into believing our stores are significantly superior or advantageous compared to other stores). However, posts by genuine third parties to whom we have not provided any compensation are excluded, though we may refrain from publishing them at our discretion to prevent trouble between stores and ensure operational safety.
  7. Any other actions that violate these guidelines or laws and regulations.

Article 7 (Company's Discretion on Posting, Preliminary Review, and Deletion)

  1. When publishing Submitted Content that has been submitted or requested, the Company may conduct a simplified review (to confirm whether the submission complies with these Guidelines). However, the Company has no obligation to thoroughly scrutinize all Submitted Content in advance, has no obligation to publish it, and has no obligation to disclose the reasons for a decision not to publish to the Submitter.
  2. Even after publication on the Official Benex Website, etc., the Company may, at its sole discretion, immediately delete, set to private, or modify the publication of the relevant Submitted Content without prior or subsequent notice or consent from the Submitter in the event of a deletion request or report from a third party, suspected legal violations or infringement of rights, or other circumstances deemed inappropriate by the Company.
  3. Except in cases of intentional misconduct or gross negligence by the Company, the Company shall assume no liability whatsoever for any damages (including mental distress) incurred by the Submitter or any third party as a result of the Company unpublishing, deleting, setting to private, or modifying Submitted Content pursuant to the preceding two paragraphs.

Article 8 (Elimination of Anti-Social Forces)

  1. The Submitter represents and warrants that they do not fall under, and will not in the future fall under, organized crime groups, organized crime group members, associate members of organized crime groups, companies or organizations associated with organized crime groups, or any other antisocial forces equivalent thereto.
  2. If it is discovered that a Submitter has violated the preceding paragraph, the Company may immediately suspend the publication of or delete content related to the relevant Submitter without requiring any notice or demand.

Article 9 (Modifications to These Guidelines)

  1. The Company may amend these Guidelines pursuant to Article 548-4 of the Civil Code whenever it deems necessary.
  2. When modifying these Guidelines, the Company shall determine the effective date of the revised Guidelines and post or notify the contents and effective date on the official Benex website or other media in advance.

Article 10 (Jurisdiction)

Any disputes arising between the contributor and the Company in relation to these Guidelines or this feature shall be subject to the exclusive jurisdiction of the Yokohama District Court as the court of first instance.