YUI KYOTO Terms of Use
YUI KYOTO Terms of Use (hereinafter referred to as the "Terms"), a metaverse space platform service provided by AMP.KYOTO Inc. (hereinafter referred to as the "Company") (in the event that the name or content of the service is changed for any reason, including the service after such change, hereinafter referred to as the "Service"). This document sets forth the matters that users of this service must observe when using the "YUI KYOTO" service (in the event that the name or content of the service is changed for any reason, including the service after such change, hereinafter referred to as the "Service") and the rights and obligations between the Company and users. Users of the Service are requested to read the entire text of the Terms of Use before agreeing to the Terms of Use. If you do not agree to these Terms of Use, you may not use the Service, and by using the Service, you are deemed to have agreed to these Terms of Use.
Article1(Application of these Terms and Conditions)
- These Terms of Use shall apply to all relationships between the Company and users regarding the use of the Service.
- The Company may establish separate terms and conditions, etc. (hereinafter referred to as "Individual Terms") for each content of the Service separately from these Terms. The "Individual Terms" are a part of these Terms and Conditions and are the contractual content of the use of the Service. The Individual Terms shall be a part of the Terms and Conditions and shall serve as the contractual content for use of the Service. In the event of any discrepancy between the Terms and the Individual Terms, the Individual Terms shall take precedence.
- The Company shall provide information on the Company's website <https: //ampkyoto.co.jp> (including Internet websites under such URL, and if the Company changes this URL, the URL shall be the URL after the change. (hereinafter referred to as the "Service Information Site"). In the event of any discrepancy between the provisions of these Terms of Use and the information regarding the Service on the Service Information Site, the provisions of these Terms of Use shall prevail.
- In the event of any discrepancy or ambiguity between the Japanese and English versions of these Terms of Use, the Japanese version shall prevail.
Article2(Definition)
In this Agreement, the terms listed in the following items shall have the meanings set forth in the respective items.
- ①Usage Contract: A contract based on these Terms and Conditions for the provision of the Service from the Company. Depending on the context, it may be expressed as "the User Agreement for the Service" for the sake of greater clarity.
- ②Server: An electronic computer (server) installed by the Company to provide the Service.
- ③External Service: A service or platform (including but not limited to Shopify, World Shopping BIZ, etc. as examples) provided by an external entity that is used to implement the Services as prescribed by the Company. (Examples include, but are not limited to, Shopify, World Shopping BIZ, etc.).
- ④External entity: A service provider of an external service (examples include, but are not limited to, Shopify, zig-zag, Zaiko, Tencent Cloud, etc.). (including but not limited to Shopify, zig-zag, Zaiko, Tencent Cloud, etc.)
- ⑤User: General users and guest users individually or collectively.
- ⑥General User: A person who uses the Service, including a person who applies for membership registration in order to use the Service.
- ⑦Guest User: A person who uses a part of the Service without applying for membership registration.
- ⑧User ID: An e-mail address registered with the Service by the Company to identify a general user.
- ⑨User password: A string of characters for each user ID that is registered to confirm that the user is a general user.
- ⑩Room : A space shared by a certain number of users in the metaverse space. Users in a room can see each other's avatars.
- ⑪Supported terminals: Terminals designated separately by the Company on the Service Information Site as terminals capable of using the Service.
- ⑫Content: Information, content, etc. that can be viewed, experienced, or purchased on the Service.
- ⑬Content provider: A person who provides the Content to users through the Service. In some cases, we may be the Content Provider.
- ⑭Friend Code: An identification code assigned to each User that is required to identify other Users when using the communication function among the features set forth in Article 3 (Overview of the Service).
- ⑮Chat function: A function that allows users to send and receive messages on a one-to-one basis with a specific user.
- ⑯EC functions: Functions for selling, offering, browsing, etc. products and services on the Internet.
- ⑰EC store: A store on the Internet that uses EC functions.
- ⑱Charge code: A string of characters that serves as an admission ticket to a paid area or event ticket for this service. General users can enter paid areas and participate in events by registering their Charge Codes with the Service. Admission to paid areas and participation in events is limited to the validity period set in the Charge Code.
Article3(Outline of this service)
- The Service is an application service in which Content Providers provide Content to Users and provide a place or opportunity for Users to view, experience, and purchase the Content in the Metaverse Space. Except in cases where we, as the Content Provider, conduct transactions with the User, we are not a contracting party with respect to transactions between the Content Provider and the User, and are not involved in the execution of such transactions.
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The functions provided to users in the Service (hereinafter referred to as "the
Functions") are outlined in the following items, the details of which are set forth on
the Service Information Site. The details of the functions are as set forth in the
following items on the Service Information Site. Please note that there may be
limitations on the functions that can be used depending on the type of compatible
terminal, version of the Service, space, etc.
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①Content Viewing Functions
Users may view the following contents provided by content providers within this service. However, if you wish to view content that has viewing restrictions, such as live video and sound, you must purchase a paid ticket and enter the charge code information in My Page.
- Image Content
- Video Content
- Music Content
- Audio Content
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②avatar function
Users may use avatars for movement and activities within the Service.
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③friend function
A user can become friends with another user within the Service by registering the other user's friend code. Once a user becomes friends with another user, the user can mutually check the other user's online/offline status and go to the room in the Service where the other user is staying.
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④chat function
Users may use the following chat functions provided by the Company within the Service. However, this is limited to cases in which a friend relationship has been established through the friend function as specified in the preceding item.
- Voice Chat
- Text Chat
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⑤Shooting Functions
The User may take images of the Content.
The captured images are stored within the application, but can also be downloaded to local storage.
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⑥warp function
Multiple rooms are created on the service, depending on the number of users. Rooms can be moved between using the warp function. However, if the number of users in a room is limited, warping is not available.
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⑦Room member list function
You can see a list of other users staying in the same room.
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⑧Map function
The metaverse space on the service is displayed as a map, and the current location of one's avatar is indicated by a pin.
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⑨E-commerce (electronic commerce) functionality
There are several e-commerce stores on this service, including stores that sell goods, artwork, tours, and tickets. Purchases are made through the external service used by each of these e-commerce stores. You will need to log in to the respective sites as necessary.
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Article4(Use of this service)
- To use this service, one of the compatible terminals is required. We recommend the use of this service in the recommended operating environment, which is separately specified on the service information website.
- The User shall be responsible for the preparation of the compatible terminal required for use of the Service and shall bear the communication charges at his/her own responsibility and expense.
- There are no restrictions on the areas where this service can be used. However, the Company does not guarantee the telecommunication environment in the area where the Service is used.
- The recommended age for use of this service is 18 years of age or older.
Article5(Formation of a contract of use)
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A user agreement is formed by completing all of the following procedures and applying
for registration as a member, and the person who completes said procedures becomes a
general user.
- ①The terms and conditions of this Agreement.
- ②Provide the Company with information as determined by the Company.
- ③Agree to the terms and conditions of this agreement (by clicking the "I agree" button displayed on the agreement confirmation screen).
- A minor, or a person under curatorship or assistance who has received a ruling from a family court that requires the consent of the person under curatorship or assistance to enter into a contract of use, shall obtain the prior consent of his/her legal representative (parental authority or guardian of a minor, curator, or assistant) when entering into a contract of use with the Company. The Company shall obtain the prior consent of the legal representative (a person with parental authority or a guardian, conservator, or assistant of a minor) before concluding a contract of use with the Company.
- General users are obligated to immediately change their registered information if any changes occur in their registered information. The Company shall not be liable for any damage caused by a general user's failure to make such changes.
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The Company may refuse account registration if the Company determines that any of the
following reasons apply. In such cases, the Company is under no obligation to disclose
the reason for denying membership registration.
- ①If you have violated or are likely to violate these Terms and Conditions
- ②In the event that all or part of the registration information provided to the Company is false, erroneous, or omitted.
- ③If you are a person whose registration for the use of this service or other services provided by us has been cancelled in the past
- ④The applicant is a minor, an adult ward, a person subject to conservatorship or assistance, and has not obtained the consent of a legal representative, guardian, conservator or assistant.
- ⑤When it is found that the subscriber falls under any of the provisions of Article 28 (Exclusion of Anti-Social Forces)
- ⑥Other cases in which the Company deems the registration is not appropriate.
Article6(Management of account information, etc.)
- General Users are responsible for managing their user IDs, user passwords, and friend codes ("Account Information, etc.") in a manner that prevents others from knowing them. The general users must manage their user IDs, user passwords, and friend codes (hereinafter referred to as "Account Information, etc.") with sufficient care at their own responsibility so that others do not know them.
- General Users shall use their account information, etc. for their own personal use, and shall not transfer, lend, or otherwise allow a third party to use their account information, etc. in any form.
- All acts of use of the Service after authentication of account information, etc., shall be deemed to be the property of the general user. The user shall be responsible for any damages caused by inadequate management of account information, etc., errors in use, or unauthorized use by a third party, and the Company shall not be liable for any such damages, except in cases arising from the Company's willful misconduct or gross negligence.
- If a user suspects that account information, etc. has been leaked to a third party or is being used by a third party, the user shall immediately notify the Company to that effect and comply with the Company's instructions, if any. In such a case, the Company may suspend the account as an unauthorized account, and the Company shall not be liable for any damages incurred by the member based on such suspension.
Article7(Purchase tickets)
- Users may purchase tickets containing charge codes required for admission to paid areas of the Service, participation in paid events, viewing of content with viewing restrictions, etc., via external services in a manner prescribed by the Company.
Article8(Prohibition of resale of tickets and charge codes)
- Users may not resell purchased tickets and charge codes to other users or third parties. The Company shall treat tickets and charge codes that have been resold in violation of this provision as invalid, and shall not allow refunds of the price of such tickets and charge codes, admission to paid areas, participation in events, etc. The Company shall not be liable for any losses incurred as a result of this provision. We shall not be held responsible for any disadvantage caused by this.
Article9(Chat function)
- With regard to the chat function of the Service, the Company may confirm the contents of all chats between users. If, as a result of such confirmation, the Company determines that any of the contents of such chats falls under any of the items of Paragraph 1 of Article 18 (Cancellation of Registration, etc.), the Company may delete such statements and descriptions. In addition, in the event that the Company is required to do so by law, or in the event of an order, demand, or request by a court of law, government agency, or other public body, the Company may disclose the contents of messages or voice messages sent through the chat function to the extent necessary to comply with such order, etc. In such cases, the Company shall not be liable for any loss or damage arising from such disclosure. Users who use the chat function shall agree to this in advance.
Article10(purchase applications for EC functions)
- Users may apply to EC stores to purchase products through external purchase support services linked to the Service. For the convenience of both the User and the e-commerce store, we reserve the right to change the specifications of the application procedure at any time.
- The payment method, delivery method, and other transaction terms and conditions that users may select when placing an order vary from e-commerce store to e-commerce store. Users are responsible for confirming these conditions before applying to purchase products.
- After the completion of the application procedure by the user, the EC store may refuse the transaction, and in this case, the user may not demand the EC store to execute the sales contract.
- After completing the application process, the e-commerce store may change the transaction terms, such as shipping charges and delivery method. If any important elements of the transaction terms are changed, the user will be notified of the changes on the Service. The user must confirm the contents of the notification on the Service.
Article11(Payment in EC function)
- The User shall complete payment of the product price, etc. according to the terms of the transaction selected at the time of order by the date designated by the EC Shop. If payment is not made by the User by the said due date, the sales contract based on such application may be automatically cancelled.
- If the User selects installment, revolving, or bonus payment for credit card payment at the time of order, the document based on Article 30-2-3, Paragraph 4 of the Installment Sales Act may be delivered by electronic means in relation to the transaction, and the User agrees to this in advance.
Article12(Returns, etc. in EC functions)
- Withdrawal of application, cancellation of sales contract, and return or exchange of products (hereinafter collectively referred to as "return, etc.") ) shall be handled by the EC Shop in accordance with the terms and conditions separately stipulated by the EC Shop. Users shall confirm these conditions before applying to purchase products.
- In the event that the user requests cancellation of the purchase agreement and the EC store responds to the request, even though there is no reason attributable to the EC store, the user may be responsible for return shipping charges, even if the product purchased by the user is a free shipping item.
Article13(Inquiries on EC functions)
- Please contact the e-commerce store directly regarding the terms and conditions of the transaction, the products and services handled, information on such products and services, and other information on the store's web page.
Article14(Intellectual property rights, etc.)
- All intellectual property rights, including copyrights, and other rights pertaining to the Service and the Content belong to the Company, the Content provider, or other third parties. The user may use the Service and the Contents only to the extent necessary for the use of the functions based on the Usage Agreement, to the extent necessary for the use permitted under the following paragraph, and to the extent separately approved by the Company. The User may use the Service and the Content only to the extent necessary for the use of the Functionality under the User Agreement, to the extent necessary for the use permitted under the following paragraph, and to the extent separately approved by the Company.
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Users may reproduce, post, and distribute the Contents on SNS, blogs, YouTube, and
other web services by means of photo functions, screen shots, or screen recordings.
However, the User shall not engage in any of the following acts.
- ①(2) Reproduction, posting, or distribution of the Content for which reproduction, posting, or distribution is prohibited by the Company or the Content Provider on the Service.
- ②(2) Acts of reproduction, posting, or distribution in a manner or form that is prohibited by the Company or the Content Provider on the Service.
- ③Any act that significantly damages or may damage the credibility, reputation, or image of the Content.
- ④Acts that mislead or may mislead users into believing that the Company or the content provider is the entity responsible for the reproduction, posting, or distribution of the content by the user
- ⑤(4) Commercial use of the Content, including paid distribution of the Content
- ⑥Other acts that are individually prohibited by the Company
- You represent and warrant to us that you have the legal right to post or otherwise transmit the posted data and that the posted data does not infringe upon the rights of any third party.
- You grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works from, display and perform the Submitted Data.
- The user agrees not to exercise moral rights in the posted data against the Company or any person who has succeeded to or been granted rights by the Company.
Article15(Personal Information, etc.)
- In providing the Service, we will use the information we obtain from users (including information obtained or stored through the Service, and the same shall apply hereinafter in this Article). KYOTO Privacy Policy" separately stipulated by the Company as its policy on the handling of personal data.) KYOTO Privacy Policy" <https: // ampkyoto.co.jp/yuikyoto/legal/privacy /> (If the Company changes the URL, it shall be the URL after the change. (If the Company changes the URL, the URL after the change shall be used.)
- If a user chooses to pay for a product or digital content that can be purchased from the Service by credit card, we will provide personal information to the credit card company and the payment agency for the credit card payment to the extent necessary for the credit card payment. The credit card company will provide personal information to the credit card company and the settlement agent for credit card payment. The credit card company may also provide us with the membership number of the credit card used to pay the usage fee, information regarding changes or renewal of the expiration date, and payment information (payment date and time, merchant name, and payment amount). The provisions of this paragraph shall be separately stipulated by the content provider when the content provider is other than the Company.
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In addition to the preceding two paragraphs, we may provide such statistical
information to third parties after multiplying the information we obtain from users in
the course of providing the Service by the following items and performing statistical
processing. The third party will use such statistical information for product
development, marketing measures, etc.
- ①User information (information entered or registered by the user on the Service)
- ②History of the user's use of communication functions (number of chats sent, date and time of sending chats, and space in which the chats were sent)
- ③Usage history of the chat function (number of messages sent, date and time of sending, space in which the message was sent, and sender attributes)
- ④User's history of use of the Service other than the chat function (including information related to access to the Service, such as user terminal and browser information, as well as activity history within the Service)
Article16(Prohibited items)
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Users shall not engage in any of the following acts when using the Service.
- ①Unauthorized acquisition or use of another user's account information or friend codes
- ②Friending an unspecified number of people by randomly entering a friend code.
- ③Advertising, publicity, solicitation, or sales activities without our written consent
- ④Any act that infringes or may infringe on the copyrights, patents, utility model rights, design rights, trademarks or other intellectual property rights, privacy or other rights or interests of the Company or any third party
- ⑤Acts that offend public order and morals or provide information to third parties that offends public order and morals, or acts that may do so.
- ⑥Criminal acts, acts leading to criminal acts or acts in violation of laws and regulations, or acts that may lead to criminal acts or acts that may lead to criminal acts
- ⑦Providing information that is or may be contrary to the truth (including providing such information in applications, etc. to the Company and Content Providers).
- ⑧Acts that defame or discredit the Company or third parties, or acts that have the potential to do so
- ⑨Acts that place an excessive burden on this server or other Company facilities, acts that make it impossible for the Company to provide this Service, or other acts that interfere with or may interfere with the Company's provision of this Service or the operation thereof.
- ⑩Acts that use or provide or may use or provide harmful programs such as computer viruses through or in connection with the Service.
- ⑪Transmitting information through the Service to the Company or users of the Service that the Company determines corresponds or falls under any of the following
- Information containing excessively violent or cruel expressions
- Information that includes expressions that defame or discredit the Company, users of the Service, or other third parties
- Information containing excessively obscene expressions
- Information containing expressions that promote discrimination
- Information that includes expressions that encourage suicide or self-harm
- Information containing expressions that promote the inappropriate use of drugs
- Information containing antisocial expressions
- Information that seeks to spread information to third parties, such as chain mail, etc.
- Information containing expressions that may cause discomfort to others
- ⑫Alteration or modification of the Services or the Content, or reverse engineering such as decompiling or disassembling (mainly refers to analyzing the content and converting it into a form that can be read by human beings). Acts of reverse engineering, such as decompiling, disassembling, etc.
- ⑬Removing or altering the copyright notice or other rights notices attached to the Services or the Contents.
- ⑭Installing and using the Service in a manner contrary to the procedures specified by the Company
- ⑮Provision of benefits to antisocial forces
- ⑯Aiming to meet someone of the opposite sex whom you are not acquainted with
- ⑰Acts that directly or indirectly cause or facilitate any of the aforementioned acts
- ⑱Attempting any of the preceding acts
- ⑲Any other actions that the Company deems inappropriate.
- The Company shall determine, at its own discretion, whether or not any of the prohibited activities described in the preceding paragraph applies, and the Company shall not be held accountable in any way for its determination.
- In the event that the Company determines that a General User's conduct falls under or is likely to fall under any of the items of Paragraph 1, the Company may, without prior notice to the User, suspend use of all or part of the Service, or delete information, data, etc. related to the conduct in question. Furthermore, the Company shall have no obligation to monitor the conduct of general users to ensure that such conduct does not fall under any of the items of Paragraph 1.
Article17(Suspension of the Service, etc.)
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The Company reserves the right to suspend or discontinue all or part of the Service
without prior notice to the user in any of the following cases
- ①In the event that this service cannot be provided due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, natural disaster, etc.
- ②when conducting inspection, maintenance, construction, etc. of this server or other equipment or facilities related to this service.
- ③In the event of failure or malfunction of this server or other equipment or facilities related to this service, which renders the operation of this service impossible.
- ④When it is necessary to interrupt the provision of all or part of the Service for operational or technical reasons.
- ⑤In the event of trouble, interruption of service provision, suspension of linkage with this service, specification changes, etc., to an external service.
- ⑥In any other cases where the Company deems it necessary to interrupt the service.
- If the Company plans to suspend all or part of the Service based on the preceding paragraph, the Company shall notify users by posting a notice to that effect on the Service Information Site. However, in the event of an emergency or other unavoidable circumstances, the Company may not so notify the users.
- Even if the Company suspends the provision of the Service in accordance with the provisions of Paragraph 1, the Company shall not be liable for any damages incurred by the User as a result of such suspension.
Article18(Cancellation of registration, etc.)
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If any of the following events occurs, we may, without prior notice or demand, hide
the User's Postings, etc., temporarily suspend the User from using the Service, or
terminate the User's registration as a User.
- ①Violation of any of the provisions of these Terms and Conditions
- ②If you have notified or notified the Company of any factual inaccuracies.
- ③When a petition for seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation is filed, or when a petition for bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation is filed by itself.
- ④The customer has not used the Service for more than 3 months and the Company deems that the customer is not expected to use the Service in the future.
- ⑤If you have not responded to our inquiries or other communications requesting a response for more than 30 days
- ⑥When any of the items of Article 5, Paragraph 4 applies
- ⑦When necessary to ensure the security of your account, such as if you have made a password entry error more than a certain number of times
- ⑧In any other case in which we deem it inappropriate for you to use the Service or to continue your registration as a registered user.
- The Company may, in lieu of or in conjunction with the measures described in the preceding paragraph, require the User to resolve the said reasons within a specified time limit. However, such action shall not preclude the Company from suspending the use of the Service or canceling the registration at the expiration date of such action.
- In the event of any of the events listed in Paragraph 1, the registered user shall naturally lose the benefit of time with respect to all debts owed to the Company, and shall immediately pay all debts owed to the Company.
Article19(Continuation, termination, etc., of the agreement for the use of the service)
- Users can transfer their subscriber information to another terminal using the e-mail address they used when registering their account. In this case, image data and other data stored on the terminal will not be transferred. Also, simultaneous access by multiple terminals is not possible.
- If you lost or misplaced your email address when you registered your account, you will not be able to log in and your subscription will be terminated as is. If you forget your password, it can be reissued through a separate procedure.
Article20(Measures to be taken at the time of termination of the contract of use, etc.)
- Upon termination of the Subscriber Agreement, the User will not be able to use the Service.
- Even if the User Agreement is terminated, the provisions of Article 14 (Intellectual Property Rights, etc.), Article 15 (Personal Information, etc.), this Article, Article 22 (Modification, Addition, or Abolition of the Service, the Functions, or the Contents), Article 23 (Disclaimer of Warranty and Indemnification), Article 24 (Limitation of Damages of User), Article 27 (Transfer of Rights, etc.), Article 28 (Exclusion of Anti-Social Forces, etc.), Article 29 (Severability), Article 30 (Agreed Jurisdiction), and Article 31 (Governing Law) shall remain effective. Article 28 (Exclusion of Anti-Social Forces), Article 29 (Severability), Article 30 (Agreed Jurisdiction) and Article 31 (Governing Law) shall remain in effect.
Article21(Withdrawal from membership)
- Users may cancel their membership through procedures prescribed by the Company.
- We will not refund any merchandise, tickets, charge codes or other charges purchased by the user.
- In the event that a user becomes unable to use the service as a user, the Company shall deem that the user has withdrawn from the service at that time, and the user account and user password concerned shall be deleted.
- In the event of withdrawal from the membership, if there are any debts owed to the Company, the user will naturally lose the benefit of time with respect to all debts owed to the Company, and must immediately pay all debts owed to the Company.
Article22(Changes, additions, or discontinuance of the Services, the Functions, or the Contents)
- The Company may change, add, or discontinue the Service, the Functions, or the Contents, in whole or in part, at any time for the Company's convenience. The Company does not guarantee that all functions and performance of the Service prior to the change will be maintained as a result of such change or addition, and if the Service is discontinued in its entirety, the Subscriber Agreement shall be terminated.
- In the event that SBM determines that the change, addition, or discontinuance of the Service, the Functions, or the Contents, in whole or in part, pursuant to the preceding paragraph will have a material effect on the User, SBM shall notify the User in advance of the details of such change, addition, or discontinuance in the manner set forth in Article 25 (Method of Notification). (Method of Notification). However, in case of emergency or unavoidable circumstances, the Company may not give such notice.
- In the event that the Company changes, adds, or discontinues all or part of the Service, the Functions, or the Contents in accordance with Paragraph 1, the Company shall not be liable for any damages incurred by the User. However, this shall not apply to damages caused by the Company's intentional or negligent acts.
Article23(Disclaimer of Warranty and Disclaimer of Liability)
- The Company makes no warranty of fitness for a particular purpose of use, completeness, usefulness, accuracy, reliability, immediacy, etc., of the Service (hereinafter in this Article, including the Content in the event that the Company provides the Content as a Content provider) to the User. (hereinafter in this Article, in the case where we provide the Content as a Content provider, including such Content), we make no warranty of fitness for a particular purpose of use by the user, completeness, usefulness, accuracy, reliability, immediacy, etc. of the results of use, nor do we make any warranty of any kind with respect to the Service.
- We do not guarantee that users will not be damaged by computer viruses or other harmful programs when using the Service.
- Any and all responsibility for Internet websites operated by third parties such as content providers to which you are redirected from the Service, as well as the content and information provided on such websites, shall be assumed by the third parties operating such websites, and we make no warranty as to their content, quality, accuracy, credibility, legality, timeliness, usefulness, etc, We do not guarantee the content, quality, accuracy, authenticity, legality, up-to-dateness, usefulness, etc. We shall not be liable for any damages incurred by users in connection with such information.
- The Company does not guarantee that the user's information (including, but not limited to, information registered by the user on the Service and the user's usage history of the Service) related to the Service will not be lost or damaged, and the Company shall not be obligated to back up such information. (including, but not limited to, information registered by the user in the Service and the user's history of use of the Service) will not be lost or damaged, and the Company shall not be obligated to back up such information.
- The Company shall not be involved in, and shall not be liable for, disputes, etc. between users or between users and third parties such as content providers. In the event of such disputes, etc., users shall resolve them at their own risk.
- The sales activities of the e-commerce store to users are the responsibility of the store operator, and the sales contract is concluded between the user and the store operator. The rights and obligations related to the sales contract are vested solely between the user and the purchaser, and all responsibility for the delivery of the goods sold and any other responsibilities to the user based on the sales contract shall be borne by the store operator, and we shall assume no legal responsibility for the sales contract.
- Any disputes between such stores and users in sales activities to users at EC stores shall be resolved at the responsibility and expense of the storeowner.
- We shall not compensate for any loss of profit, indirect damages, special damages, extended damages, attorney's fees, or other damages other than ordinary and direct damages of the user, unless caused by our willful misconduct or gross negligence, and the maximum amount of compensation shall be 10,000 yen(JPY).
Article24(User's liability for damages)
- If the User causes damages to the Company by violating these Terms of Use or in connection with the use of the Service, the User shall compensate the Company for such damages.
- If a user receives a claim from another member or other third party or has a dispute with such a person in relation to the use of the service, the user shall immediately notify the Company of the details of the claim or dispute, handle the claim or dispute at the user's expense and responsibility, and, upon the Company's request, report the progress and results of such handling to the Company. The User shall, at the User's expense and responsibility, handle such claim or dispute and report the progress and results thereof to the Company upon request.
- If we receive any claim from another user or any other third party for infringement of rights or any other reason in connection with your use of the Service, you must indemnify us for any amount we are forced to pay to such third party based on such claim.
Article25(Method of notification)
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The Company may give notice to users regarding the Service by any of the following
methods.
- ①Notification by e-mail to the e-mail address the user uses as account information
- ②Notification through the notification function or other methods that the Company deems appropriate.
- Notification to users by any of the methods listed in each item of the preceding paragraph shall be deemed to have been made at the time when the Company issues the notification specified in the preceding paragraph.
- In addition to the methods listed in the items of Paragraph 1 above, we may post the contents of a notice on the Service Information Site in lieu of a notice to the user regarding the Service. In this case, such notice shall be deemed to have been given to the user at the time when the Company posts the contents of such notice on the Service Information Site.
Article26(change in the terms and conditions)
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The Company may modify these Terms and Conditions at any time at its discretion in any
of the following cases
- ①When the modification of these Terms and Conditions is compatible with the general interest of the user.
- ②the modification of the Terms of Use is not contrary to the purpose of the User's use of the Service, and is reasonable in light of the necessity of the modification, the reasonableness of the modified contents, the details of the modification, and other circumstances pertaining to the modification; and The terms and conditions of provision of the Service after the Terms of Service have been modified shall be governed by the new Terms of Service after the modification.
- At least two weeks prior to the effective date of any amendment to these Terms and Conditions, the Company shall make the contents of the amended provisions and the effective date of the amendment known to the public by posting such information on the Service.
- If the User does not agree to the changes in this Agreement, the User's only course of action shall be to terminate use of the Service, and if the User does not delete the above by the date specified in the notice in the preceding paragraph, the User shall be deemed to have agreed to the changes in this Agreement.
Article27(Assignment of rights, etc.)
- The User may not assign or transfer to a third party all or part of its rights or obligations to the Company under the Subscriber Agreement, nor may the User allow a third party to succeed to such rights or obligations or provide security therefor.
- In the event of a transfer of the business pertaining to the Service to another company (including not only business transfers under the Companies Act, but also corporate divestitures and all other cases in which business is transferred), we may transfer the user's position in the Usage Contract, rights and obligations to the user based on the Usage Contract, as well as the user's registered matters and other customer information, to the transferee of such transfer. In the event of a transfer of business pertaining to the Service to another company (including not only business transfers under the Companies Act but also corporate divisions and any other cases of business transfers), the position under the Usage Contract, rights and obligations owed to users under the Usage Contract, user registration items and other customer information may be transferred to the transferee of such transfer, and users agree to such transfer in advance as set forth in this paragraph. The User shall be deemed to have agreed in advance to such transfer in this paragraph.
Article28(Elimination of antisocial forces)
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The User represents and warrants that he/she is not currently a member of a crime
syndicate, a member of a crime syndicate, a person for whom five years have not passed
since he/she ceased to be a member of a crime syndicate, a quasi-organized member of a
crime syndicate, a company affiliated with a crime syndicate, a general meeting house, a
socially motivated group, a special intelligence group, or other similar group
(hereinafter collectively referred to as "anti-social forces"). (hereinafter
collectively referred to as "Anti-Social Forces"), and that they do not fall under any
of the following items, and will not fall under any of the following items in the
future.
- ①Having a relationship in which antisocial forces are deemed to control management.
- ②Having a relationship in which antisocial forces are deemed to be substantially involved in the management of the company.
- ③Having a relationship with antisocial forces that is deemed to be an unjustified use of antisocial forces, such as for the purpose of making unjust profits for oneself, one's own company, or a third party, or for the purpose of inflicting damage on a third party.
- ④Having a relationship with antisocial forces in which it is deemed that the individual is involved in providing funds, etc. or favors, etc. to antisocial forces.
- ⑤Directors or persons substantially involved in management have socially reprehensible relationships with antisocial forces.
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The User shall ensure that he/she will not commit any of the following acts by
himself/herself or by using a third party
- ①Violent demanding behavior
- ②Unreasonable demands beyond legal responsibility
- ③threatening language or behavior or using violence in connection with a transaction.
- ④Acts of spreading false rumors, using deceptive means or force to damage the other party's credibility or obstruct the other party's business.
- ⑤Other acts similar to the preceding items
- If it is found that the User is an antisocial force or falls under any of the items of Paragraph 1, or commits any act falling under any of the items of the preceding paragraph, or makes a false declaration regarding the representations and warranties under Paragraph 1, the Company may terminate this Agreement without any notice to the User, regardless of whether or not the termination is attributable to its own fault. The Company may terminate this Agreement without any notice to the User, regardless of whether or not there are any reasons attributable to the User.
- The User acknowledges and agrees that in the event of termination of this Agreement by the Company pursuant to the preceding paragraph, the Company shall not be liable to compensate the User for any damages incurred by the User.
Article29(Severability)
- If any provision of this Agreement, or portion thereof, is held invalid or unenforceable, such holding shall not affect the remaining portions of this Agreement, which shall remain valid and enforceable. We and you agree to comply with the intent of such invalid or unenforceable provision or portion and to endeavor to ensure that it has the same effect and to be bound by the modified Terms and Conditions.
- If any provision of this Agreement, or any part thereof, is found to be invalid or unenforceable in relation to one User, this shall not affect its validity or otherwise in relation to other Users.
Article30(Agreed Jurisdiction)
- Any and all disputes between the user and the Company in connection with the User Agreement shall be submitted to the exclusive jurisdiction of the Kyoto District Court of as the court of first instance.
Article31(Governing law)
- The formation, validity, interpretation and performance of the User Agreement shall be governed by the laws of Japan.
- These Terms and Conditions and any other terms and conditions set forth by the Company are agreed to in the Japanese language, and even if a foreign language translation of these Terms and Conditions is prepared, such foreign language translation shall be for convenience only, and the Japanese interpretation shall prevail over any translation in any other language.
supplementary provisions
These Terms and Conditions shall be effective as of March 31, 2024.