Seller terms and conditions
Terms of Use
Article 1 (Purpose)
This agreement is defined by Gogojungle,Inc. (hereinafter referred to as "the Company") on the Company's website (Article 2). Services operated under the name "Skijan" (defined as "Services" in Article 2). The Service (defined as the "Service" in Article 2). The Company and members (defined in Article 2) and services to members (as defined in Section 2). (Defined as "Seller" in Article 2). For the purpose of establishing the rights and obligations relationship with the Company, it applies to all transactions and relationships related to the use of this service.
Article 2 (Definitions)
In these Terms, the following terms shall have the meanings set forth below.
1.「 "Site" means Skijan.com and affiliated sites and stores.
2.「 "Group Companies" means the subsidiaries and affiliates of the Company.
3.「 "Member" means an individual or corporation who has agreed to these Terms and Conditions and registered as a member on the Site by the prescribed method.
4.「 "Service" means various services for members provided by the Company on the Site.
5.「 "Service" means all services (paperwork or contracted work entrusted by the Seller by the Member, such as creation of digital text, music, images, videos, databases or a collection of information combining them, telephone consultation, etc.) provided by the Seller to the Member in the Service in the Service.
6.「 "Seller" means a member who provides the goods or services subject to transactions on the Site.
7.「 "Purchaser" means a Member who has purchased the Service.
8.「 "User" means a member or an individual or corporation who uses the Site without registering as a member.
9.「 "Navi+" refers to content provided to members free of charge or free of charge using text, images, and videos in the "Service".
10.「 "Terms, etc." means these Terms and other terms and conditions and guidelines described on the Site.
11.「 "Member Information" means information disclosed by Members to the Site, such as information on the attributes of Members and the history of Members' transactions.
Article 3 (Scope of Application of Terms)
These Terms apply to all relationships between the Company and the Member regarding the use of the Service.
Members shall be deemed to have agreed to these Terms and Conditions and the Terms of Use separately established by the Company at the time of using the Service.
Article 3 (Contents of the Service)
The services available to members in this service are as follows.
1. Acts of listing and selling services
2. Acts of using and purchasing services provided by sellers
3. Acts of asking questions to sellers
4. Other services that the Company begins to provide from time to time
Article 4 (Membership Registration Procedure)
1. Membership Qualification
Individuals and corporations who have agreed to these Terms and Conditions and applied for registration shall be eligible as members after completing the prescribed registration procedures. The membership registration procedure must be carried out by the person who will become the member. Registration by proxy is not permitted. In addition, we may refuse membership applications from those whose membership has been revoked in the past or those whom the Company deems inappropriate. The Company shall not be liable for any circumstances arising in connection with the rejection of the application, and shall not be obliged to explain or disclose the reasons for the rejection of the application.
2. Enter member information
When registering as a member, please read the notes on input carefully and enter the necessary information correctly in the prescribed input form.
The Company may restrict the use of a member's nickname in any of the following cases, and may process the suspension or deletion of login.
1. Nicknames that are offensive to public order and morals
2. Nicknames that may infringe on the privacy of other members and third parties
3. Membership application from a person that the Company deems inappropriate or who falls under Article 34 of these Terms
Article 5 (Change of Notification Information)
1. Members shall immediately notify the Company of any change in their name, address, telephone number, e-mail address, bank account used for payment, or other information delivered to the Company (change or correct the change of member information on the management screen).
2. If the Company deems it necessary, the Company may request the member to submit identification documents (a copy of the register in the case of a corporation, a copy of the driver's license, etc. in the case of an individual), and the member shall respond to this without delay.
Article 6 (Use of the Service)
1. Members shall use the Service in accordance with the provisions of the User Guide.
2. Members shall use the Service by themselves, and Members shall provide true, accurate and up-to-date information when using the Service.
3. Members shall bear all responsibility for information transmitted by members through the Service, and shall not cause any inconvenience or damage to the Company.
4. If the Member is a minor, an adult ward, a person under curatorship, or a person under assistance, the Member must obtain the consent of a parent or other legal representative, guardian, curator, or assistant in advance when applying for individual transactions for the use of the Service. In addition, the Company or the seller who performs the provision of services may confirm the consent, etc. again, and the member shall respond to the request.
Article 7 (Suspension of Use)
1. Members shall comply with the provisions of these Terms and the User Guide when using the Service. In addition, if a member's act violates this, the Company may suspend the use of the Service or suspend transactions without prior notice to the member according to the content of the violation.
2. Unless there are reasons attributable to the Company, the Company shall be exempted from any damages incurred by the Member due to the suspension of use, suspension of transactions, etc. stipulated in the preceding paragraph.
Article 8 (Handling of Personal Information)
When the Company acquires personal information of a member for the operation of this service, the Company will use the personal information only for the purpose of use for which the consent of the member has been obtained in advance, and will not use it for any other purpose of use without the prior consent of the member. In addition, when managing and using personal information, we will take care not to damage the interests of members. The purpose for which the Company acquires personal information from members is as follows unless otherwise indicated, and members agree to the purpose of use.
1. To verify the identity of members and provide this service, such as various communication matters
2. To use as marketing data for the purpose of conducting our business and improving our services
3. To provide information and advertisements related to services and other services provided by the Company or its group companies by the Company or its group companies
The Company shall not disclose or provide personal information to third parties without the consent of the member, except in the following cases.
1. When
required by law
2. When
the provision of personal information is requested by a court or administrative agency
3. When
it is deemed appropriate to provide personal information for the protection of the life, body, or property of users and the public
4. In addition, when it is recognized that disclosure or provision of personal information is appropriate under socially accepted norms
Article 9 (Purchase Procedure and Conclusion of Service Provision Agreement)
1. If a Member wishes to purchase a Service through the Service, the Member shall complete the purchase procedure using the form prescribed by the Company.
2. The Service Provision Agreement shall be entered upon completion of the purchase procedure set forth in the preceding paragraph (a screen (hereinafter referred to as the "Chat Room") for the Purchaser and the Seller to communicate with each other regarding the Service for which the purchase procedure has been performed in the Service. ) is installed. It is established between the seller and the member. The Company is not a party to the Service Provision Agreement and shall not be liable for the position of either the Seller or the Purchaser with respect to the Service Provision Agreement.
3. Notwithstanding the preceding paragraph, the service provision agreement for Navi+ shall be deemed to be the time when the Member completes the purchase procedure in Paragraph 1 (refers to the time when the Purchaser can read the contents of the Navi+ for which the purchase procedure has been completed in the Service). It is established between the seller and the member. The Company is not a party to the Service Provision Agreement and shall not be liable for the position of either the Seller or the Purchaser with respect to the Service Provision Agreement.
Article 10 (Delivery Confirmation)
1. Members shall be able to confirm the delivery of the services provided by the seller based on the service provision agreement by the method separately specified by the Company regarding the purchase of the service. The member shall be deemed to have passed the delivery confirmation by notifying the seller of the completion of the delivery confirmation by the method specified by the Company, and the delivery of the service shall be completed.
2. If, as a result of the delivery confirmation set forth in the preceding paragraph, it is found that the service provided by the seller does not conform to the contents of the service provision agreement, the Company may request the seller to correct the service by the method separately specified by the Company.
3. The seller who receives the request for correction in the preceding paragraph shall modify the service to conform to the contents of the service provision agreement and deliver the service again.
4. If a member does not notify the completion of the delivery confirmation stipulated in Paragraph 1 or requests correction as stipulated in Paragraph 2 within the period separately specified by the Company after delivery of the service, the delivery confirmation shall be deemed to have passed and the delivery shall be completed.
Article 11 (Cancellation)
1. The Purchaser and the Seller shall cancel (meaning cancellation of the Service Provision Agreement) after the conclusion of the contract as stipulated in Article 9. The same shall apply hereinafter. ) shall do so by the method prescribed by the Company. However, the service provision contract for Navi+ cannot be canceled.
2. Notwithstanding the preceding paragraph, if the Seller does not respond to the Purchaser in the Chat Room even after the expiration of the period prescribed by the Company after the conclusion of the contract pursuant to Article 9, Paragraph 2, the purchase shall be canceled based on the implied intention of the Seller or the Purchaser, and both parties shall not object to this.
3. The Purchaser shall contact the Seller in the Chat Room regarding the details of the Service and enter into a Service Provision Agreement (excluding those related to Navi+). You may request the performance of the above.
Article 12 (Method of Payment Method and Timing of Payment)
1. When a member purchases a service, the fee (hereinafter referred to as the "price") specified in advance for the service shall be charged according to the method specified by the Company. ) shall be paid.
2. If you make additional payments for such services, you and you agree that the price will include the additional payment amount.
3. Payment shall be as stipulated in the User Guide.
4. The payment method shall be designated as a credit card or other method that the Company can use for the Service, and when using a credit card, the Purchaser shall always use a credit card in the name of the Purchaser.
5. The use of credit cards and other payment methods shall be subject to the terms and conditions and terms of use between the purchaser and the credit card company, etc.
6. Members shall be responsible for tax treatment. In the event that the Purchaser is obligated to withhold tax at source, the Buyer and the Seller shall agree to pay the amount after the withholding tax deduction, and notwithstanding Paragraph 1, the Purchaser shall be obliged to pay the amount agreed with the Seller in the manner specified by the Company.
Article 13 (Terms of Use of the Service)
1. Members may use the Service to the extent that they do not violate these Terms and the User Guide.
2. When using the Service, Members shall not engage in any of the following acts.
(1) Acts that infringe intellectual property rights such as copyrights of the Company, members and third parties, moral rights such as portrait rights, other legal rights or rights worthy of protection, or violate related laws and regulations.
(2) Acts that defame, damage the reputation, or cause disadvantage to the Company or a third party
(2) Acts that violate laws and regulations
(3) Posting images or expressions that are offensive to public order and morals
(4) Acts that violate the internal rules, etc. of the company or industry group to which you belong
(5) Acts that criticize or slander a specific corporation, group, or individual
(6) Acts of providing information including political or religious thoughts, and acts of political or religious solicitation
(7) Acts of advertising services, etc. that compete with the Service and similar acts
(8) External websites that do not match the purpose of the member, acts of installing hyperlinks, acts of installing external websites and hyperlinks for a third party for a fee, and similar acts
(9) Search engine spamming, acts that directly or indirectly encourage third-party search engine spam, and similar acts
(10) Acts of participating in an affiliate program operated by a third party through the Service and similar acts
(11) Acts of soliciting services similar to the Service
(11) Acts of unfairly manipulating information on the Company's website
(12) Unauthorized access, falsification, or acts of attacking the Company's website with computer viruses or harmful computer programs, etc.
(13) Acts that may mislead the judgment of the seller or purchaser
(14) Acts of sending harmful computer programs, etc. such as e-mails containing computer viruses to the Company's website
(15) Acts in which the same person has two or more accounts (except in cases specially approved by the Company)
(16) Acts of ordering or canceling services even though there is no intention to purchase at all
(17) Acts of repeatedly refusing to receive the object or service of the service provision contract for the purpose of avoiding payment for services that do not have serious defects in light of general social common sense
(18) Acts of using devices, software, algorithms, etc. that have functions such as automatically responding to services, etc. provided by exhibitors
(19) Acts of using information for the purpose of unfairly manipulating it
(20) Acts of forcing sellers or purchasers to respond or respond by persistently repeating unreasonable demands, etc.
(21) Transmission of obscene information or information harmful to juveniles, or other acts that are obscene or harmful to juveniles.
(22) Acts of using the Service for the purpose of dating the opposite sex
(23) Information (including personal information of members) obtained with or with members who have applied, requested, requested, inquired, consulted, contacted, or otherwise contacted through the Service. Acts in which the Purchaser and the seller directly deal with services that are currently listed or can be listed on the Service without going through the Service (including acts that induce direct transactions and acts that respond to inducements). )
(24) Acts that interfere with the operation of the Service or the business of the Company
(25) Other acts that violate fair trade practices
(26) Other acts that the Company deems inappropriate
(27) Membership registration using a non-existent name
(28) Acts of refusing to contact the Company or not providing information on the means of contact to the Company
(29) When registering as a member, the act of registering in a state of false entry, error, or intentional omission in the declaration items
(30) Acts that infringe on the copyrights or other rights of the Company or contractors
(31) Acts in which the seller sells products for which there is no substantiation or success story, or that the Company does not recognize as valid.
3. If the Company determines that a Member's act during the use of the Service falls under or is likely to fall under any of the items of the preceding paragraph, the Company shall, without prior notice to the Member, suspend all or part of the act or provide information (including, but not limited to, messages) posted on the Company's website as a result of such act. All measures may be taken to eliminate such violations, such as deleting all or part of the above. Unless there are reasons attributable to the Company, the Company shall be exempted from any damages incurred by Members due to such suspension or deletion measures.
4. If the Company determines that the Member's act when using the Service falls under or is likely to fall under any of the items of Paragraph 2, or if the Company deems it necessary, the Company may view or confirm the content of the message, and the Member shall agree to this in advance.
5. If the Company deems it necessary for the operation, maintenance, and management of the Service and the Company's business, the Company may obtain and use the Member's usage history of the Service and other inquiries, questions, exhibitor's copyrighted works, etc.
Article 14 (Handling of Transmitted Content)
The handling of recommendations, reviews, comments, questions, trade information, and all other content (hereinafter referred to as "Transmitted Content") sent to the Company by the User when using the Site shall be as follows.
1.The copyright of the Transmitted Content belongs to the Site User who sent the Transmitted Content. The Site User shall transmit the Transmitted Content after guaranteeing that it is its own creation and that the content does not contain copyrights or other rights of third parties. provided, however, that if the copyrights or other rights, etc. of a third party are included in the Transmitted Content due to exceptional necessity, the Site User shall assume and warrant that the rights necessary for the legal use of the Transmitted Content will be processed at the responsibility and expense of the Site User. The Company shall not be obligated to determine whether or not such rights are processed or not.
2.By sending Transmitted Content to the Company, the Site User shall be deemed to have granted permission for the Company to freely reproduce, publicly transmit, translate, adapt, and otherwise use the Transmitted Content in any manner under the Copyright Act without any restriction (including the authority from the Company to reuse it to third parties). There are no regional restrictions, copyright indication obligations, or other ancillary conditions for the above use by the Company, and the term shall be as long as the copyright of the transmitted content continues to exist, and no consideration such as royalties shall be incurred. In addition, with respect to the above usage acts by the Company, the Site User shall not claim the moral rights of the author (right to publish, right to display name, right to maintain integrity) under the Copyright Act. However, this excludes cases where the above acts of use by the Company damage the honor and voice of the Users of the Site.
3.If another member or third party takes civil action against the Site User or the Company and requests the deletion of the posted material related to the legal action on the grounds of infringement of legal interests due to the public post of the Site User, the Company may temporarily restrict access to the related post until the result of the legal action.
4.Chat room function and direct message function of this service (including chat function conducted on chat room) Messages and all other content exchanged on these functions (hereinafter referred to as "messages, etc."). The sender, receiver, and the Company are parties to the message, etc., and cannot be viewed by other third parties. The Company shall be able to view or confirm the contents of the Messages, etc. and the data recorded or recorded by the Company among the Messages, etc., in order to confirm whether there is any act or fraud by the Member that violates these Terms of Use, or to the extent necessary for the provision of the Service and as long as it does not violate laws and regulations, and if the Member discovers an act that violates these Terms or other fraudulent acts, the Company shall be able to inspect or confirm the contents of the Messages, etc. and the data recorded or recorded by the Company among the Messages, etc., and if the Member discovers any act that violates these Terms or other fraudulent acts. We will take measures based on these Terms.
Article 15 (Suspension of Use and Cancellation of Membership Qualification of Specific Members)
1. If the Company determines that a specific member falls under any of the following items, the Company may, without prior notice, suspend the use of the service by the member, change the user ID and password of the member, revoke the membership qualification of the member, suspend the payment of unpaid transfer considerations, and extinguish the cancellation. The Company shall not be liable for any damage caused to the member as a result.
(1) When the member violates laws and regulations or these Terms, etc.
(2) When it is found that all or part of the Registration Information provided to the Company is false, erroneous, or omitted.
(3) When it is found that the member has been canceled in the past
(4) When the member interferes with the operation of the Company's services
(5) When it is found that payment is suspended or insolvent, or that a petition for bankruptcy, special liquidation, corporate reorganization proceedings, civil rehabilitation proceedings, or other similar proceedings has been filed or that a petition for such proceedings has been filed.
(6) In the event that a bill or check drawn or accepted by the applicant is dishonored
(7) In the event of seizure, provisional seizure, provisional disposition, or compulsory execution
(8) In the event of delinquency in payment of taxes and public dues
(9) In case of death
(10) When there is fraudulent acts in relation to the use of the service by the member
(11) When it is necessary to ensure the security of the member, such as when there is a password input error more than a certain number of times.
(12) When it is found that the representations in each item of Article 13, Paragraph 1 of these Terms are contrary to the facts.
(13) In violation of the promises made in each item of Article 13, Paragraph 1 of these Terms of Use, if any of the items of the same paragraph applies.
(14) In violation of the promises made in each item of Article 13, Paragraph 2 of these Terms of Use, the User commits an act that falls under any of the items of the same paragraph.
(15) When the Company deems it appropriate for any other reason.
2.In addition to the preceding paragraph, if a member does not log in a certain number of times within a certain period specified by the Company, the Company may change the user ID and password of the member or revoke the membership qualification without prior notice.
3.In principle, a member may request cancellation of membership registration at any time by notifying the Company by the method and procedure specified by the Company. provided, however, that if a receivable-debt relationship based on the service provision agreement has occurred, the cancellation of membership registration shall not affect the credit-liability relationship in any way.
4.Unless there are reasons attributable to the Company, the Company shall be exempt from any damages incurred by the Member due to the suspension of use of the service and the cancellation of membership registration pursuant to the preceding three paragraphs.
Article 16 (Exhibit)
1. After completing the seller registration, the seller shall comply with the listing criteria set forth in the User Guide (hereinafter referred to as the "Listing Criteria"). Based on the above, we will list the product in accordance with the procedures stipulated in the user guide. The Listing Standards may change from time to time, and you must review them each time you make an offer.
2. The Seller shall determine the price of the Service from among the price options prescribed by the Company for each category of Service. Sale at prices other than those prescribed by the Company is not permitted. However, only sellers approved by the Company may be able to freely decide the price of the service within the scope prescribed by the Company.
3. After the listing specified in Paragraph 1 by the seller, the Company shall provide detailed information of the service, the quality and content of the service (including name, price, photograph, etc.). The examination shall be conducted. Sellers must comply with any requests from us to provide information about the Services from you. If the seller does not comply, or if there is any doubt about compliance with the listing standards, the Company may suspend or delete the listing of the service subject to the review without prior notice to the seller.
4. The Company may cancel the listing if it determines that the listing falls under any of the following items.
(1) If the Exhibit Standards are violated
(2) When it violates laws and regulations or public order and morals
(3) When the applicant violates the internal rules, etc. of the company or industry group to which the seller belongs
(4) When it contains content that criticizes or slanders a specific corporation, group, or individual
(5) When it is the sale or transfer of personal information of a third party, or when there is a risk of such sales
(6) When it contains content that infringes or encourages infringement of intellectual property rights, portrait rights, privacy rights, honor, or other rights or interests of the Company, members, or other third parties.
(7) When it contains political or religious ideas
(8) When it contains general advertisements that do not match the purpose of the member, acts of providing information, or information that may cause misunderstanding or damage to the member.
(9) When it contains information that advertises services that compete with this service
(10) When it contains a hyperlink to an external website that does not match the purpose of the member.
(11) When it contains a computer virus or harmful computer program, etc.
(12) When it contains obscene information or information harmful to juveniles
(13) When it contains information about dating of the opposite sex
(14) In addition, when the Company deems it inappropriate.
5. Unless there are reasons attributable to the Company, the Company shall not be liable for any damages incurred by the Exhibitor due to the suspension or deletion of the listing by the Company as stipulated in Paragraph 3 or the cancellation of the Company's listing as set forth in the preceding paragraph.
Article 17 (Payment)
The Company shall transfer the tax-included amount, which is calculated by deducting the payment service usage fee from the amount paid by the Purchaser, to the registered designated account on the 5th day of the following month (or the next business day if the day falls on a financial institution holiday) at the end of the month. The transfer fee will be borne by the seller. In addition, payments made by the Company to sellers shall be in accordance with the provisions of the following items.
1.The transfer fee per transfer is 5,000 yen (including tax)for each transfer, regardless of the transfer amount and regardless of which financial institution or branch the designated transfer account is.
However, if the remittance fee exceeds 5,000 yen, the actual cost shall be charged.
2. If the total payment amount is less than 5,000 yen, it shall be deferred to the next month or later.
3. If the seller's name and account holder name are different, we may verify your identity with the seller. In this case, your payment will be postponed until the identity verification process is complete.
4. The Company shall not be liable for any failure in the registered designated account due to a mistake in the entry, etc., and payment cannot be made due to this. In addition, if multiple transfers are made, the transfer fee will be borne by the seller.
5. If the seller's account information is blank or incomplete and the reward transfer cannot be made, the Company will send an email requesting correction of the registration information to the registered email address. If there is no renewal for 6 months after the first correction request is emailed, you will be deemed to have forfeited receiving the reward.
6. If the Buyer delays payment to the Company, the Company may withhold payment to the Seller. In addition, if the Buyer does not pay us, we may not make any payment to you. In addition, if the Purchase Price is paid after the Purchaser delays payment of the Purchase Price or other Consideration to the Company, the Company shall be responsible for the expenses required by the Company until the payment of the Consideration is collected, and the Company may deduct such expenses from the remuneration to the Seller, and as a result, the Company may not pay the Remuneration to the Seller. The Company shall not be liable for any of these.
7. If the Buyer offers to apply for cooling-off, the Company will not make any payment to the Seller.
8. If there is an error in the registered bank account, the Company will, in principle, subtract the prescribed recall fee from the transfer amount and transfer it.
Article 18 (Terms of Use of the Service)
1. In addition to the reasons set forth in each item of Article 13, Paragraph 2, the Seller shall not engage in any of the following acts when using the Service.
(1) Acts of providing general advertisements and information that do not match the purpose of the member, and acts that may cause misunderstanding or damage to the member
(2) Acts of posting or advertising contact information such as email addresses or telephone numbers of exhibitors and third parties such as their parent companies, subsidiaries, and business partners, except for the designated spaces on the Company's website for which the Company specifically permits, and similar acts
.
(3) Acts of using, providing, or disclosing personal information about members beyond the scope of obtaining consent from members
(4) Information obtained through this service (excluding publicly known information) Acts of using outside the scope of the purpose of this service
(5) Acts of misrepresenting all or part of the information posted on the Company's website
(6) Any other acts that the Company deems inappropriate
2. If the Company discovers an act that violates or may violate the preceding paragraph, the Company may, without prior notice to the seller, take necessary measures such as correcting the act, such as deleting all or part of the posted information, and canceling the seller registration.
3. Even if the Exhibitor suffers damage due to the Company's response set forth in the preceding paragraph, the Company shall not be liable for any such damage, except in cases attributable to the Company.
4. When using the Service, the Seller shall respond promptly and sincerely to inquiries from Members and consultations for business negotiations.
5. The Seller shall fulfill its obligations under the Service Provision Agreement with the Member established through the Service in accordance with the conditions set forth in the contract. In the unlikely event that a problem arises regarding the performance of the obligation, the Company shall immediately notify the Company of the details of the problem.
6. If the Seller's conduct when using the Service violates or is likely to violate Paragraph 1 or if the Company deems it necessary, the Company may view or confirm the contents of the message and the call, and the Seller agrees to this in advance.
7. The Company may obtain and use the Seller's usage history, other contents of information exchange between the Seller and the Member, questions, the contents of the call between the Member and the Seller, the Company's website postings, Exhibitor's copyrighted works, etc., if it is deemed necessary for the operation, maintenance, and management of the Service and the Company's business.
8. If the Service Provision Agreement is subject to the Act on Prevention of Delay in Payment of Subcontract Proceeds, etc. to Subcontractors, the Member shall agree to receive the provision of the documents stipulated in Article 3, Paragraph 1 of the same Act by electromagnetic means.
Article 19 (Attribution of Rights)
1. All intellectual property rights related to the Company's website and the Service shall belong to the Company or the lawful right holders, including the seller, and permission to register as a member does not grant the member a license to use the intellectual property rights contained in the Company's website and the Service owned by the Company or a lawful right holder including the seller.
2. The Exhibitor shall freely use (including duplication, copying, modification, sublicensing to a third party, and any other use) of the Exhibitor's Copyrighted Works, etc. for the Member's own use. The right to do so is granted.
3. The intellectual property rights pertaining to questions from members on the Company's website, etc. belong to the member, and the seller may not copy, publicly transmit, or otherwise use the questions from members on the website, etc. operated by the applicant, even if the applicant has responded to the Member.
Article 20 (Portrait Rights, etc.)
1. The Seller shall use the Company's website, partner media, and any other media, online or offline, on the Seller's photo, name (including pseudonyms such as pen names, etc.) of the Exhibitor registered as a seller for the Service. The same shall apply hereinafter in this Article. ), background and other registration information (hereinafter referred to as "seller profile information"). The Company shall provide free of charge for any purpose (including, but not limited to, public transmission, broadcasting, advertisement and publicity of the Service, etc.) regardless of the period or mode. to use your seller profile information (including licensing to third parties). It shall be possible.
2. The Company shall not be liable for any damage incurred by the seller in connection with the use of the seller profile information by the Company as stipulated in the preceding paragraph, except in cases where there is a reason attributable to the Company.
Article 21 (Guarantee of Rights, etc.)
1. The Seller agrees that the use of the Service by the Seller, the use of the Company's website and the Seller Profile Information, including the use by the Company pursuant to Articles 14, 19 and 20 of these Terms, and the exercise of the Seller's rights or performance of the obligations under these Terms do not violate laws and regulations, the rules of the industry group to which the Seller belongs, or the contract between the Seller and a third party, and that the intellectual property rights, moral rights, and personal rights of third parties, We guarantee that it will not infringe on any rights of honor, privacy, publicity, or any other right.
2. The Exhibitor warrants the following with respect to the Exhibitor's Copyrighted Works, etc.
(1) The exhibitor does not violate laws and regulations, the rules of the industry group to which the seller belongs, or the contract with a third party.
(2) There is no violation of public order and morals.
(3) Does not contain obscene content.
(4) Does not attack or slander a specific corporation, group or individual.
(5) Not infringe on the privacy of others
(6) Does not contain false content.
(7) Does not contain discriminatory expressions.
(8) The publication of the exhibitor's works, etc. does not constitute a criminal act.
3. The Seller shall immediately notify the Company of any fact contrary to the preceding two paragraphs, and in the event that a third party issues an objection, complaint, claim for actual costs or consideration, claim for damages, etc. from a third party in relation to the preceding two paragraphs or due to the Seller's use of the Service, the Seller shall immediately notify the Company and handle the matter at the Seller's expense and responsibility, including attorney's fees, etc.
Article 22 (Equipment, etc.)
1. Members shall, at their own expense and responsibility, prepare communication equipment, software, SNS accounts, and all other equipment and usage environments necessary for using the Service, and maintain the availability of the Service. In addition, even if the Service cannot be used due to the usage environment selected by the Member, the Company shall not be liable in any way.
2. Members shall, at their own expense and responsibility, connect to the usage environment of the Service via any telecommunications service and use the Service.
Article 23 (Confidentiality)
1. The Company and Members shall maintain the confidentiality of the contents of these Terms and all technical, sales, or other business information (hereinafter referred to as "Confidential Information") of the other party disclosed or learned in connection with these Terms with the utmost care, and shall not disclose or leak them to a third party without the prior written consent of the other party. However, this does not apply to publicly known facts or matters that the parties have independently learned. The Company and Members shall take appropriate measures to ensure that their employees comply with confidentiality obligations.
2. Members shall not engage in competing business based on the information provided under this Agreement, and in the event of any violation thereof, notwithstanding the provisions of Article 35 of these Terms, in addition to compensation for damages actually incurred, the Member shall also be liable to compensate for the Company's profits (lost profits) that were hindered due to such violations.
3. If a member is required to disclose information by law, or if disclosure is requested by a public institution such as a court or police, disclosure in response to such request shall not be subject to the obligation of confidentiality under this article. provided, however, that the Member shall notify the Company without delay of the fact that disclosure has been requested.
Article 24 (Personal Information)
1. Members shall strictly manage the personal information of Members obtained through the Service and shall not disclose or leak them to third parties.
2. Members shall not use their personal information obtained through the Service for any purpose other than performing the business explicitly requested by the Member or for any purpose other than those specified separately by the Company. However, this excludes cases where prior consent is given by the member.
3. If a Member intends to acquire personal information of a Member through the Service beyond the scope of information provided by the Company, the Member shall clearly indicate the purpose of use in advance and individually.
4. When requested by the Company, the Member shall immediately report to the Company the acquisition status, management status, etc. of the Member's personal information handled from the standpoint of the Member or the Seller.
5. In the event that a member learns that a violation of this Article has occurred or is likely to occur, the member shall immediately report to the Company to that effect and follow the instructions of the Company to that effect.
6. In the event that a Member discovers that the personal information of another Member managed by the Member has been leaked to another Member, the Member shall immediately notify the Company of the details thereof, and in the event that there is an objection, complaint, claim for actual costs or consideration, claim for damages, etc. from the Member or a third party due to such a situation, the Member shall immediately notify the Company, This shall be handled at the member's expense and responsibility, including attorney's fees.
Article 25 (Display)
When displaying the name of the Company or its relationship with the Company in relation to advertisements, business cards, mail, or any other media, the Member shall seek the consent of the Company in advance regarding the availability, display content, display method, etc., except in cases of display method and display content specified by the Company in advance, and shall follow the Company's instructions attached to such consent.
Article 26 (Prohibition of Transfer of Rights)
Members shall not transfer, provide as collateral, or cause a third party to assume their status under these Terms or their rights or obligations under these Terms without the prior written consent of the Company.
Article 27 (Password Management, etc.)
Members shall handle passwords issued by the Company to Members with sufficient care so that they are not disclosed or leaked to third parties. Members shall bear all damages and responsibilities caused by improper management of passwords, errors in use, or use by third parties.
Article 28 (Treatment at the Time of Death)
1. Members who are individuals (hereinafter referred to as "individual members" in this article) In the event of death, the individual member shall lose his/her membership status.
2. In the case stipulated in the preceding paragraph, information managed by the individual member on the Service (including, but not limited to, user name and password) managed by the individual member at the time of the individual member's death. and the rights related thereto, the right to use the Service, and all other rights arising under these Terms shall expire. provided, however, that if the Company learns of the death of an individual member, the Company may pay the amount equivalent to the price by transferring the amount equivalent to the price to the registered bank account. If the Company does not make a transfer due to reasons such as the individual member not having a registered bank account, the heir of the individual member may apply for a transfer of the amount equivalent to the price on behalf of the individual member in accordance with these Terms only within 120 days from the date on which the Company learns of the death of the individual member. In addition, the heir of the individual member shall provide the Company with the materials requested by the Company as materials proving that he or she is the heir of the individual member when applying for a transfer of the amount equivalent to the price.
Article 29 (Interruption and Suspension of Service, etc.)
In the event of any of the following events, the Company may suspend or suspend the Service without prior notice to the Member. provided, however, that in the event that fees or other charges incurred in connection with the use of the Service or other significant impact on the Member shall be subject to a reasonable prior notice period in advance, and such notice shall be made by display on the Company's website or by any other method that the Company deems reasonable.
(1) When urgently performing maintenance of the system related to this service
(2) When the Service cannot be provided due to force majeure such as power outages, fires, or natural disasters
(3) When the Company deems it necessary to suspend or suspend the Service.
2. In the event that the Company regularly performs maintenance or renewal, etc. of the system related to the Service, the Company shall suspend or suspend the Service after notifying the Member in advance of the date and time of implementation.
3. The Company may terminate a part of the Service after notifying the Member in advance due to renewal, etc. related to the Service.
4. The Company may terminate all of the Services after notifying Members in advance for reasons related to the operation of the Service.
5. The Company shall be exempt from any damages incurred by Members due to the suspension or suspension of the Service or the termination of the Service due to the reasons set forth in this Article, except in cases attributable to the Company.
Article 30 (Notes on Storage and Downloading of Information)
1. Services, message logs and other information (hereinafter referred to as "Service Information, etc.") ) shall be stored on the Service only for the period prescribed by the Company. The Company shall not be obligated to store the Service Information, etc. beyond such a period, and the Company may delete such information at any time after such period has elapsed. In addition, the Company shall not be liable for any damage incurred by the Member based on the measures taken by the Company under this Article, except in cases attributable to the Company.
2. When downloading data such as service information from the Company's website to his/her own computer, etc., the Member shall pay sufficient attention to ensure that the information in its possession is not dissipated or altered, or that equipment malfunction or damage occurs, and the Company shall not be liable for any such damage incurred by the Member unless there is a reason attributable to the Company.
Article 31 (Renewal of Service)
1. The Company may, at its discretion, freely change the framework, functions, design, content of articles, etc., and all other specifications for the operation of the Service that make up the Company's website and management tools, etc.
2. Unless there is a reason attributable to the Company, the Company shall be exempted from any damage caused to the Member due to the change set forth in the preceding paragraph.
Article 32 (Disclaimer of Warranty)
1. The Company does not guarantee to Members that the Seller has the content and quality of each service posted and provided on the Company's website, ancillary information, and the ability, qualification, or authority to provide the Seller's services in the Service.
2. The Company will not compensate any member for any damage incurred by the member due to the provision of services, transmission and reception of information, communication, etc. between members, except in cases attributable to the Company.
3. The Company does not guarantee to the seller that the Company will acquire opportunities to sell services to members or customers who are eligible for the provision of services, or that profits or effects through them. In addition, the Company does not guarantee the existence of a member sought by the seller, the rights and abilities of the member and the ability to act, or the intention and authority of the member to purchase by the seller.
4. The Seller shall, at its own expense and responsibility, investigate whether or not the use of the Service violates the laws and regulations applicable to the Seller's provision of services and the rules of the industry group to which the Seller belongs, and the Company shall, at its own expense and responsibility, examine the use of the Service by the Seller in light of the laws and regulations applicable to the Seller's provision of services, etc., and the rules of the industry group to which the Seller belongs. We do not guarantee that it is lawful or that it does not violate the rules.
5. The Company shall use the functions of linking with SNS in the Service (including applications on SNS for linkage, the same shall apply hereinafter). We do not guarantee that the information displayed in conjunction with SNS and our website will be realized or continued to be displayed through such linkage. In addition, when this agreement is terminated, the linkage by the linked function may be terminated.
6. When the contract with a member is terminated, the Company may delete or modify part or all of the information posted by the member, and the information of the member (including information such as articles posted by the member) may be deleted. In connection with the above, some or all of the information posted by the member on the Company's website may be deleted or modified.
7. The Company will do its best to operate the Service based on the technical level at that time, but does not guarantee that failures will not occur.
Article 33 (Disclaimer)
1. Sellers shall be responsible for investigating the existence of qualifications, licenses, permits, etc. necessary for their listings and services, and the existence of laws and regulations and other regulations. The Company shall not be liable for any damages incurred by the Seller due to the Seller's failure to obtain such qualifications, licenses, permits, etc., or for any damages incurred by the Seller due to the Seller's violation of laws, regulations, or other regulations.
2. The Company shall not be involved in any business negotiations, communications, communications, etc. related to the provision of services, etc. outside the Service between Members, and shall not be involved in any expenses incurred by Members in connection with the use of the Service and damages incurred by Members (including, but not limited to, damages due to accidents, illegal acts, disputes, defaults, contract cancellations, etc. associated with the provision of services through the Service). Unless there is a reason attributable to the Company, we will not compensate for any of the above.
3. In the event that a link from the Company's website to another website or a link from a third party to the Company's website is established, the Company shall not be liable for any website other than the Company's website and the information obtained therefrom, regardless of the reason.
4. The Company shall not be liable for any information displayed on SNS when using the SNS linkage function of the Service, regardless of the reason.
5. The Company shall not be liable for any system interruption, delay, discontinuation, loss of data due to communication line or computer failure, damage caused by unauthorized access to data, or other damage caused to the Member in connection with the Service, except in cases attributable to the Company.
Article 34 (Exclusion of Antisocial Forces, etc.)
1. The User represents to the Company that the User and its officers and employees do not fall under any of the following items, and assures that they will not fall under any of the following items in the future.
(1) Organized crime groups, organized crime group members, persons who have not passed five years since they ceased to be organized crime group members, organized crime group associate members, organized crime group-related companies, corporate racketeers, etc., gangsters under the pretext of social movements, special intelligence crime groups, etc., and other persons equivalent thereto (hereinafter referred to as "organized crime group members, etc.") )
(2) Organized Crime Group Members, etc. control management, or have a relationship in which Organized Crime Group Members, etc. are recognized as substantially involved in management.
(3) Having a relationship that is recognized as unfairly using organized crime group members, etc.
(4) Having a relationship that is recognized as being involved in providing funds, etc. or providing benefits to organized crime group members, etc.
(5) Having other socially reprehensible relationships with organized crime group members, etc.
2. The User promises not to perform any of the following acts by himself or by using a third party.
(1) Violent demands
(2) Unreasonable demands beyond legal responsibility
(3) Acts of using threatening words and actions or violence in relation to transactions
(4) Acts of spreading rumors, using fraudulent means or using force to damage the credibility of the User, or interfering with the business of the User.
(5) Other acts equivalent to the preceding items
Article 35 (Compensation for Damages)
1. In the event that a Member causes damage to the Company due to a violation of these Terms or in connection with the use of the Service, the Member shall compensate the Company for the damage. The same shall apply if an employee, etc. employed by a member violates these Terms and causes damage to the Company.
2. In the event of a violation of Article 13, Paragraph 2, Item 23, the Member shall, to the extent permitted by laws and regulations, pay to the Company as a penalty the fee set forth in Article 17 or 1 million yen, whichever is greater. In addition, if the Company suffers damage exceeding the penalty, the Company may
claim compensation for the excess amount in addition to the above.
3. In the event that a Member receives a complaint from a Member or other person or a dispute arises with such person in connection with the use of the Service, the Member shall immediately notify the Company of the details thereof, handle the claim or dispute at its own expense and responsibility, and report the result to the Company.
4. In the event that the Company receives any claim for damages from a third party due to infringement of rights or other reasons due to the use of the Service by a Member, the Member shall pay the amount that the Company was forced to pay to the third party based on the claim and all damages and expenses incurred or incurred by the Company due to such reasons (including, but not limited to, attorney's fees, etc.). shall be compensated.
5. In the event that unauthorized use of a credit card by a Purchaser is discovered, the Company may, without obtaining the consent of the Purchaser, pay the Seller an amount equivalent to the price related to the Service Provision Agreement as compensation, and in this case, the Company may regard the compensation amount as damage to the Company and claim compensation for damages equivalent to the amount of such compensation from the Purchaser. In addition, compensation to the seller by the Company shall be determined by the Company at its discretion, and the Company does not guarantee that the Company will pay such compensation.
Article 36 (Maximum Amount of Damages)
Even if the Company obligates a Member for any damages, the amount of damages to the Member of the Company shall be limited to the amount of damage directly incurred by the Member, except in cases of willful misconduct or gross negligence of the Company.
Article 37 (Survival
)
Even when the registration of a member or seller registration is terminated, Article 6, Paragraph 3, Article 7, Paragraph 2, Article 9, Paragraph 2, Article 11, Paragraph 2, Article 12, Article 13, Paragraphs 3 to 5, Article 14, Article 15, Paragraphs 2 and 3, Article 16, Paragraph 5, Article 17, Article 18, Paragraphs 4 to 8, Article 19 to 20, Articles 22 to 30, The provisions of Article 31, Paragraph 2 and Articles 32 to 43 shall remain in effect and be binding on the Company and Members.
Article 38 (Changes to these Terms, etc.)
1. The Company may revise or change these Terms or the contents of the Service at any time. The Company shall change these Terms to the detriment of the Member (except for minor changes). Notification shall be given to members or posted on the Company's website. The amended Terms shall take effect from the time the amended Terms are posted on the Company's website.
2. The Company shall be deemed to have agreed to the contents of the revision or change if the Member uses the Service or does not take procedures to cancel the membership registration or exhibitor registration within the period specified by the Company (or 30 days from the date of notification if not specified) after the notification of the revision or change set forth in the preceding paragraph.
3. Unless there is a reason attributable to the Company, the Company shall be exempt from any damages incurred by the Member due to the member's cancellation of membership registration or cancellation of exhibitor registration due to the revision or change of these Terms.
Article 39 (Contact and Notification)
1. Inquiries regarding the Service and other communications or notices from Members to the Company, or communications or notices from the Company to Members regarding the Service shall be made in the manner specified by the Company.
2. If the Company contacts or notifies the contact information or notification address notified in advance by the method of contact or notification set forth in the preceding paragraph, regardless of whether the member receives the communication or notification, it shall be deemed to have arrived at the time when it should normally be reached.
3. The Company shall not be liable for any damage caused by non-delivery or delay in notification and communication from the Company, except in cases attributable to the Company.
4. If it becomes necessary for a member to notify, contact, or make an inquiry to the Company, unless otherwise specified, the member shall do so using the inquiry form on the website provided by the Company.
5. In the event of an inquiry from a Member pursuant to the preceding paragraph, the Company shall be able to verify the identity of the Member by the method specified by the Company at that time. In addition, the method of responding to inquiries, etc. (e-mail, mailing of response documents, telephone, etc.) may be answered using the response method that the Company deems optimal each time, and the member cannot decide the method of response.
Article 40 (Transfer of the Service, etc.)
In the event that the Company transfers the business of the Service to a third party, the Company may assign the status as the operator of the Service, the status under these Terms, the rights and obligations under these Terms, and the Member's registration information and other information to the transferee of the business transfer in connection with the business transfer. You agree in advance to the rights and obligations under this Agreement and the transfer of the Member's registration information and other information in accordance with this Article. The business transfer stipulated in this Article shall include not only ordinary business transfers, but also company splits and any other cases in which business is transferred.
Article 41 (Severability)
If any provision of these Terms of Use or part thereof is determined to be invalid or unenforceable, the remaining provisions of these Terms and Conditions and the remaining part of the provision that is determined to be partially invalid or unenforceable shall continue in full force and effect.
Article 42 (Entire Agreement)
These Terms constitute the entire agreement between the Company and the Member, which is a party to the contract regarding the matters contained in these Terms, and supersede any prior agreements and understandings, whether oral or written, between the Company and the Member regarding the matters contained in these Terms.
Article 43 (Court of Jurisdiction)
Any and all legal disputes related to these Terms of Use shall be submitted to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance, depending on the amount of the complaint.
Article 44 (Consultation)
In the event of any matter not stipulated in these Terms or any doubt regarding the interpretation of these Terms, the Company and the Member shall consult in good faith and promptly resolve the matter.
Created on July 12, 2004