Consent to the Terms
By using the Services, the Users are deemed to have validly and irrevocably consented to the Terms. Any User who does not consent to the Terms may not use the Services.
Position of the Company in the Services
The Services provide opportunities for sales and purchase of products, provision of services and other transactions between the Users. We (hereinafter referred to as the “Company” or “we”) are not a party to any transaction between the Users and will not be involved in any transaction between the Users unless otherwise provided in the Terms. The Users shall conduct individual transactions at their own risk.
Registration for Use
If the User wish to use the Services, the User may register for use of the Services by agreeing to the Terms and applying for such registration in the manner prescribed by the Company and upon the Company approving such application.
When registering for use, please be sure to enter the official company name or full name of the User. Registrations by pen names or nicknames are not allowed.
Refusal of Registration
The Company may refuse to approve application of registration for use if it considers that the application falls under any of the following. The Company will not be obliged to disclose any information pertaining to reasons for refusal of registration.
- if applicants have reported false matters
- if application has been made by a person who has violated the Terms
- if Company considers that the registration for use is inappropriate
Use by Minors
If the User is a minor, the User must obtain a consent from his/her statutory agent prior to using the Services.
If the User has commenced use of the Services without a consent from his/her statutory agent and thereafter reaches age of majority, the User shall be deemed to have ratified its use of the Services while the User is a minor.
Management of Login Information
The User shall, at its own responsibility, appropriately manage the login information of the Services. In no event may the User assign, lend, or share the login information with any third party. The Company shall not be liable for any damages as a result of use of login information by a third party, unless such damages are due to willful misconduct or gross negligence of the Company.
Products and Services that Can Be Displayed
The products and services that can be displayed by the User on the Services are as separately prescribed by the Company.
When using the Services, the Store owners shall pay to the Company the transaction fees separately prescribed by the Company. The details thereof shall be displayed on another place designated by the Company.
Use of Content
The Company hereby grants to the User a license to use privately, within the scope of use of the Services, the text, image, video, sound, music, software, program, code or other content provided by the Services. In terms of the paid content, private use within the scope of use of the Services shall be licensed when the usage fees as prescribed by the Company has been paid. These licenses are non-exclusive, non-transferable nor non-sublicensable licenses. Any use of the content provided by the Services beyond the scope of the Services is prohibited.
The User agrees in advance that if the User loses the right to use the Services for any reason whatsoever, any and all contents of the Services may no longer be available.
The Company may issue points that are unique to the Company or the Services. In such case, the details thereof shall be as separately prescribed in the Services or other places designated by the Company.
The Company may issue virtual currency (hereinafter referred to as the "Virtual Currency") that is unique to the Company or the Services.
If the User fails to pay any pecuniary obligation owed to the Company on the due date therefor, the User shall pay to the Company a default charge at the rate of 14.6% per annum.
Posts by the User
The User represents and warrants to the Company that the User has lawful right to transmit the information contained in the User's posts and that the User's posts do not infringe any intellectual property right (copyright, patent right, utility model right, trademark right, design right (including the right to obtain such rights or apply for registration of such rights), idea, know-how, etc., and the same shall apply hereinafter), ownership, or any other right of any third party.
The User retains the copyright on his/her posts. The Company does not acquire any copyright in the User’s post; however, the Company may reproduce, adapt, automatically transmit to the public, and make available for transmission as necessary for automatic transmission, the User's posts, free of charge, for an indefinite period of time and without limitation of any region, to the extent necessary to provide, maintain, improve or promote the Services. In such case, the Users shall not exercise the moral rights of authors against the Company and those who have succeeded the rights from or have been granted permission from the Company.
The User are responsible for back-up of the User’s posts. The Company shall have no obligation to back up any of the User’s posts.
The Users must not post the following information:
- information that infringes any intellectual property right, portrait right, privacy, reputation, or other right or interest of the Company or a third party
- information that contains personal information, etc. that can identify the User (provided, however, that this shall not apply if requested by the Company such as when necessary for the registration for use or if otherwise approved by the Company)
- information that contains obscene expressions
- information for purpose of encountering with a third party who has not known him/her or committing an obscene act, etc. with such third party, regardless of whether such third party is of the opposite sex or of the same sex
- information that contains any expression that induces, solicits for or encourages suicide or self-injurious behavior
- information regarding sales and purchase of drugs or dangerous drugs, or information that contains expressions that promote improper use of drugs or dangerous drugs
- information relating to the promotion or advertising of religious acts, religious groups, political activities or political organizations
- information that solicits the Users for network business
- information that contains the texts equivalent to junk mail or spam mail
- information that may have an adverse effect on minors
- brutal expressions and other information that may cause discomfort to others.
- information that contains malicious programs such as computer viruses
- any other information that the Company deems inappropriate
Display of the Advertisements
The Company may display on the Services the advertisements of the Company or third parties.
When using the Services, the User shall not:
- violate or facilitate violation of any law or regulation, any judgment or decision or order of any court, or any administrative measure which has legal binding force under law or regulation
- perform any act relating to criminal act
- infringe any intellectual property right of the Company or a third party
- infringe any portrait right, privacy, reputation, or any other right or interest of the Company or a third party
- excessively apply a load on the servers or network of the Company or a third party or interfere with the normal functions thereof.
- potentially interfere with the operation of the Services
- make or attempt any unauthorized access
- disassemble, decompile, reverse-engineer or otherwise analyze the source code of the Services
- illegally access the system connected to the Application without any authorization or illegally rewrite or delete any information stored in the Company’s facilities
- reproduce, transmit, transfer, lease or alter any website or software of the Services
- lend, transfer, sell or otherwise dispose of, with charge, any account or content on the Services to any third party
- make commercial use of information acquired through the Services
- make any profit in relation to the Services in a manner not intended by the Company
- promote, advertise, solicit or conduct business on the Services in a manner not authorized by the Company
- collect or accumulate personal information of other Users
- use the Services with illegal, fraudulent or unjust purposes
- cause disadvantage, damage or discomfort to other Users of the Services or other third parties
- impersonate another User
- use another User's account
- intend to meet strangers of the opposite sex
- give benefits, directly or indirectly, to an Anti-social Force
- violate public policy
- use the Services while walking, driving or in any other situation or manner in which use of the Services is inappropriate
- conduct any other acts which the Company deems inappropriate
Prohibited Matters for Store owners
Store owners shall not sell or provide any goods or services which falls under any of the following:
- information obtained through a crime or any other wrongful means, such as stolen items
- items that violate laws and regulations, such as pirated items, counterfeit brand products, and prohibited items
- items which infringe third party's intellectual property or other legal rights
- items which may be used for criminal or illegal acts
- safety hazards
- items which may easily be exchanged for cash
- items which Sellers do not own or have any right to sell lawfully
- any other item which is prohibited from being traded by law and regulation or trading of which is not admitted without a license
- all products which are prohibited from being resold in online marketplaces
- any other items which the Company deems inappropriate
Prohibited Matters for Purchasers
When using the Services, the Purchaser shall not:
- order goods with the knowledge that such goods have been obtained through a crime or by any other wrongful means, such as stolen goods
- order goods with the knowledge that such goods are pirated goods, counterfeit brand products, prohibited items, or any other goods that are in violation of laws and regulations
- order items without competent ability to conduct such transaction
- order items in spite of lack of funds to pay for them
- order items without intention to purchase
- orders items for resale or other commercial purposes
- order items for mischief, harassment or other unlawful purpose
- do everything by itself
- conduct any other act which the Company deems inappropriate
Exclusion of Anti-Social Forces
The User represents and warrants that he/she does not, and will not in the future, fall under any of the following:
- the User (including its own officers in the case where the User is a corporation or any other type of organization.) is an organized crime group, a member of an organized crime group, a person for whom five (5) years have not yet passed from the time when such person ceased to be a member of an organized crime group, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate racketeer, a group engaging in criminal activities under the pretext of conducting social campaigns, a crime group specialized in intellectual crimes, or any other person equivalent thereto (hereinafter collectively referred to as "Organized Crime Group Member, etc.")
- if the User is a corporation or any other type of organization, the User has any relationship in which an Organized Crime Group Member, etc. is deemed to have a control over the management of the User
- if the User is a corporation or any other type of organization, the User has any relationship in which an Organized Crime Group Member, etc. is deemed to be substantially involved in the management of the User
- the User has relationship in which the User is deemed to make use of an Organized Crime Group Member, etc., such as engaging in transactions for the purpose of wrongful interests of the User or a third party or causing damage to a third party
- the User has relationship in which the User is deemed to provide the funds, etc. or give benefits to an Organized Crime Group Member, etc
- if the User is a corporation or any other type of organization, any of its officers or persons who are substantially involved in its management have relationship with an Organized Crime Group Member, etc. which should be socially criticized
The User warrants that it will not conduct or cause a third party to conduct any of the following acts:
- act of a violent demand
- act of an unreasonable demand beyond legal responsibility
- use of intimidation or violence in relation to transactions
- act that damages the Company's credits or that obstructs the Company's business by spreading false rumors or by the use of fraudulent means or force
- any other act equivalent to any of the preceding
Monitoring of Violations
If the User discovers another User's violation of the Terms, the User may report to the Company the details thereof in accordance with the procedures separately prescribed by the Company. In such case, the Company may take necessary measures at its discretion; provided, however, that even in such case, the Company shall not be obligated to take any response or action against such violation.
Restrictions on Use of the Services
The Company may, without prior notice, restrict the User's use of any or all of the Services or cancel the registration of the User if the User falls under any of the following. The Company shall not be liable for any damages incurred by the User as a result of an act performed by the Company in accordance with this Article.
- if the User breaches any provision of the Terms
- if it is found that there is a false fact in the registered matters
- if the User fails to perform any pecuniary obligation
- if there is no response from the User to a contact from the Company after a reasonable period of time
- if the Services is not used for a reasonable period of time from the last date of use
- if the Company considers that the User is the Anti-social Forces, etc. or has some kind of interaction or involvement with the Anti-social Forces, etc.
- in addition, if the Company considers that the User’s use of the Services is inappropriate
Cessation of the Provision of the Services
The Company may suspend or discontinue the provision of all or part of the Services without prior notice to the User if it considers that any of the following items exists. The Company shall not be liable for any disadvantages or damages incurred by the User or a third party in such case.
- if maintenance, inspection or renewal of a computer system relating to the Services is to be conducted
- if it becomes difficult to provide the Services due to force majeure events such as earthquake, lightning strike, fire, power outage, natural disaster or spread of viruses
- if a computer or communication line, etc. is shut down due to an accident
- in addition, if the Company considers that it is difficult to provide the Services
The User may cancel the registration for use and withdraw from the Services in accordance with the procedures prescribed by the Company.
DISCLAIMER OF WARRANTY
THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR THE CONTENTS PROVIDED BY THE SERVICES ARE FREE FROM SYSTEM BUGS OR INFRINGEMENTS OF THIRD-PARTY RIGHTS. NOR DOES IT GUARANTEE SAFETY, RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES.
The Company makes no confirmation or warranty with respect to the details, quality, safety, legality or usability, etc. of the goods, services or information, etc. in individual transactions between the Users, and the Company shall assume no responsibility in the event of nonconformity of the goods, services or information, etc.
The Company makes no warranty for the User’s capability to pay prices or perform any other contractual obligations.
The User shall not make any claim against the Company, including but not limited to claims with respect to any individual transaction, involvement in and settlement of trouble, and compensation for damages.
Change of the Description of the Services
The Company may change the description of the Services or discontinue or terminate the provision of the Services without notice to the User. The Company shall not be liable for any damage incurred by the User as a result thereof.
Amendments to the Terms
The Company may amend the Terms at any time without notice to the User. The amended Terms shall become effective at the time of being posted on the Company’s website. Any User who continues to use the Services after amendments to the Terms shall be deemed to have consented to the amended Terms.
Handling of Personal Information
Notice or Contact
Any notice or contact between the User and the Company shall be made in the manner prescribed by the Company. Unless the User submits notification of change in accordance with the method separately prescribed by the Company, the Company may consider the contact address currently registered to be valid and give notice to or contact such contact address. Such notice or contact shall be deemed to have arrived at the User at the time of transmission.
Assignment of Rights and Obligations
The User may not assign to or give as a security any third party the User’s status under the service agreement or the rights or obligations under the Terms, without prior written consent of the Company.
Assignment of Business
If the Company assigns its business pertaining to the Services to another company (including assignment of business, company split or any other cases where the Company’s business will be transferred), it may assign, along with such assignment of business, its status under the service agreement, the rights and obligations under the Terms and the User's information to the assignee of such assignment of business. The Users shall be deemed to have consented to such assignment in advance.
The Terms apply to all relationships between the Users and the Company in relation to use of the Services.
The Company may set forth rules for use of the Services in addition to the Terms. These rules, regardless of their names, form part of the Terms. In the event that the Terms are inconsistent with any of such rules, such rules shall prevail.
If any provision of the Terms or any part thereof is held to be invalid or unenforceable, such holding shall in no way affect the other parts of the Terms and the remaining provisions of the Terms shall remain valid and enforceable.
Governing Law and Jurisdiction
The Terms shall be construed in accordance with and governed by the laws of Japan.
Any dispute arising in connection with the Services shall be subject to the exclusive jurisdiction of the Osaka District Court.
Prescribed on [Month] [Day], [Year]
Last revised on [Month] [Day], [Year].