Snapshot of the source text at fetch time — not a live mirror of the policy page.
Plain-English summary
FamilyAlbum's terms contain several critical risk flags: the English version of the Terms of Use is not legally binding (risk_flags-1), the company can unilaterally modify, restrict, suspend, or terminate the service without liability (risk_flags-2), and they are not liable for user content, disputes, or service performance (risk_flags-3). Furthermore, the company may view, save, or disclose user photos without liability (risk_flags-4), and can unilaterally delete accounts or restrict use for various reasons (risk_flags-5) or delete content for perceived violations without prior notice (risk_flags-6). The terms also include a medium-severity data use concern that users grant a license to the company to use their photos for providing the service (data_use-1). Gotchas include the company's ability to modify service and app functions without notice (gotchas-1), users being responsible for backing up their own content (gotchas-2), and that Japanese law and Tokyo courts govern any disputes (gotchas-3).
90% confidence
Ask Verbaterm
Follow up on findings with grounded answers from this review. Not legal advice.
Risk Flags
Critical issues that pose a material and hard-to-reverse risk to users. These will often be uncommon in consumer contracts, but when present, they deserve careful attention.
high95% confidence confidence
English Terms of Use are not legally binding
The English translation of the Terms of Use is for reference only and is not legally binding; the original Japanese version is the only official document.
Why it matters: The English version of the terms you are reading may not be enforceable. The legally binding terms are in Japanese and may contain different provisions.
f Use for FamilyAlbum” and shall not affect or be used as reference in the interpretation of the said Terms of Use. Please note that MIXI, Inc. does not guarantee and is not liable for the contents of these Terms of Use.
Unilateral modification, restriction, suspension, and termination of service without liability
The Company may, at its discretion and at any time, restrict, add, suspend, modify, discontinue, or terminate the provision of all or part of the Service and the App without liability for damages, except in cases of the Company's intent or gross negligence.
Why it matters: The service can be altered, stopped, or parts of it removed at any time without prior notice, and you may not be compensated for any damages incurred unless the Company acted with intent or gross negligence.
The Company may, at its discretion and at any time, restrict, add and suspend the use of all or part of the functions of the Service and the App, or modify, discontinue and terminate the provision thereof. The Company shall not be liable for any damage suffered by the Users arising from modification, restriction of use, suspension, or discontinuance and termination of the provision of the Service and the App, except in the case caused by the Company’s intent or gross negligence.
Article 7: Modification to the Service, paragraph 1 · Citation strength: strong
high90% confidence confidence
Company not liable for user content, disputes, or service performance
The Company is not liable for users' communications and activities on the service, does not guarantee the service's performance, fitness for intended use, or accuracy, and is not obligated to monitor or save user content.
Why it matters: You are fully responsible for your content and interactions. The company offers no guarantees on service functionality or uptime, and your content may not be monitored or saved.
The Company shall not be liable for the Users’ communication and activities on the Service. In the event of trouble or disputes between the Users or between the User and a third party, the parties concerned shall settle such trouble and disputes. 2. The Company shall not be liable for any damage arising from reduced display speed and malfunctions, etc. caused by heavy traffic or other unexpected factors. 3. The Company shall not be obligated to monitor or save the Photos, etc. 4. The Company does not guarantee the Service’s performance, fitness for an intended use, accuracy or reliability of the outcomes of the use, and shall not assume liability against defects of any kind.
Company can view, save, or disclose user photos without liability
The Company may view, save, or disclose user photos and related content to a third party under several circumstances, including technical failure, legal inquiries, violation checks, urgent actions, and proper service operation, and will not be liable for any damage resulting from these actions.
Why it matters: Your photos and content may be accessed by the company or disclosed to third parties without your explicit consent under various conditions, and the company disclaims liability for any harm from these actions.
. The Company shall not be liable for any damage arising therefrom
Unilateral account deletion and restricted use for various reasons
The Company may, at its own discretion, forcibly delete a user's account and refuse service use if the user registered by an unauthorized method, violated the Terms of Use, was punished in relation to other company services, or if the Company finds other cases inappropriate.
Why it matters: Your account can be deleted and service access revoked without your consent for a range of reasons, including past violations or if the company deems your actions inappropriate, potentially without opportunity to rectify.
If the User falls under any of the following items, the Company may, at its own discretion, forcibly delete the account and refuse to permit the User to use the Service: 1. If it becomes evident that the User has registered the account by any method other than the method stipulated in Article 2, paragraph 1; 2. In the case of violating the TOU; 3. In the case of having been subject to punishment in relation to other services provided by the Company; and 4. Other cases found inappropriate by the Company.
Company can restrict use or delete content for perceived violations without prior notice
The Company may take necessary measures, such as deleting user content and restricting service use, without prior notice if it believes a user has violated or is deemed to have violated the terms. The Company is not liable for damages from these measures unless caused by its intent or gross negligence, and the user cannot object to these measures.
Why it matters: The company can remove your content or restrict your access without warning if they believe you've violated terms, and you have no right to object to these measures, with limited liability for damages.
In the case of judging that there is a reasonable ground to believe that the User has committed an act in violation hereof or an act deemed to be in violation hereof, the Company may take measures which it deems as necessary, such as deletion of the Photos, etc. and restricted use of the Service, etc. without giving a prior notice to the said User. The Company shall not be liable for any damage arising therefrom, except in the case caused by the Company’s intent or gross negligence. The User shall not object to the measures taken by the Company pursuant to the provisions of this paragraph.
Why it matters: While you own your content, you give the company permission to use your photos and videos as needed to operate the service. This may include displaying and processing them.
Rights to the Photos, etc. shall belong to the Users who post them. The Users shall grant a license to use the Photos, etc. to the Company within the scope necessary for providing the Service.
Article 8: Service Charge, paragraph 3 · Citation strength: strong
Cancellation and Renewal
Conditions and procedures related to canceling the service, account deletion, and renewal terms.
low90% confidence confidence
Account deletion depends on company-prescribed method
If a user wishes to delete their account, the deletion will be carried out according to the method prescribed by the Company.
Why it matters: You must follow the company's specific process for deleting your account to ensure it is properly removed.
If a User desires to delete his/her account, the deletion of such account shall be implemented as prescribed by the Company.
Potentially tricky or unexpected clauses that could limit user rights or create obligations that users might not anticipate.
medium90% confidence confidence
Service and App functions may be modified without notice
The Company may, without any notice to the Users, modify the functions or specifications of the App and may automatically modify or update program data and related document files of the App without notice.
Why it matters: The features and functionality of the app can change at any time without notification, and updates may occur automatically.
Any program data, related document files, etc. required for the display and the operation of the App may be automatically modified or updated without notice.
Users are responsible for backing up their Photos, etc.
Users are responsible for making a back-up copy of their Photos, etc.
Why it matters: You are solely responsible for backing up your photos and other uploaded content; the company will not do this for you.
The Users shall, at their own responsibility, make a back-up copy of the Photos, etc.
Article 8: Service Charge, paragraph 3 · Citation strength: strong
medium90% confidence confidence
Japanese law governs the Terms of Use, with Tokyo courts having exclusive jurisdiction
The Terms of Use are governed by the laws of Japan, and any doubts or disputes that cannot be settled through negotiation will be exclusively handled by the Tokyo District Court or the Tokyo Summary Court.
Why it matters: Any legal disputes will be governed by Japanese law and resolved in courts in Tokyo, which may be inconvenient or costly if you are located elsewhere.
The TOU shall be governed by the laws of Japan. 2. Any doubts and disputes between the Company and the User in relation to the Service or the TOU shall be settled through good faith negotiation. The parties agree that the Tokyo District Court or the Tokyo Summary Court shall be the agreed court of first instance with exclusive jurisdiction for any disputes that remain unsettled after such good faith negotiation.
Article 17: Governing Law and Jurisdiction, paragraph 1 · Citation strength: strong
Protections
Explicit commitments and features that benefit users, enhancing their rights, privacy, or security.
Protection95% confidence confidence
Company commits not to delete user data unless requested
FamilyAlbum states that it has never deleted user data unless explicitly asked by the user, and has no plans to do so in the future, maintaining accounts indefinitely until a deletion request is made.
Why it helps: This commitment provides assurance that your account and stored data will not be automatically deleted due to inactivity.
In practice, FamilyAlbum has never deleted a user’s data unless asked to do so by the user. We also have no plans to do so in the future. This section has been removed accordingly.
Explicit consent required for charging for the service
If the Company decides to start charging users for the service, it commits to notifying users in advance and obtaining their consent.
Why it helps: You will be informed and must agree before any charges are applied for using the service, protecting you from unexpected fees.
If the Company intends to charge the Users for using the Service, the Company shall notify the Users in advance to obtain their consent.
Article 8: Service Charge, paragraph 1 · Citation strength: strong
Protection90% confidence confidence
Users can opt out of non-essential communications
The Company may send service announcements, advertisements, and administrative notifications, but users can opt out of receiving such information unless necessary for service provision.
Why it helps: Gives you control over marketing and non-essential communications, allowing you to manage what information you receive from the company.
The Company may directly announce new services, distribute advertisements, notify administrative matters concerning service operation or provide other information to the Users by e-mail or any other means; provided, however, that if the Users notify the Company to the effect that they do not desire to receive such information by the method prescribed by the Company before or after the fact, the Company shall not provide such information to the Users, unless it is necessary for providing the Service.