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Terms of Use
Chapter 1 General Provisions
Article 1 (Introduction)
- These 'StyMore Terms of Use' (hereinafter referred to as 'these Terms') apply to all actions of users using the 'StyMore' service (hereinafter referred to as 'this Service') provided by Adastria Co., Ltd. (hereinafter referred to as 'the Company').
- These Terms set forth the conditions for using this Service. Users shall use this Service in accordance with these Terms after agreeing to these Terms.
- By using this Service, users are deemed to have agreed to all the provisions of these Terms.
- Users may not use this Service unless they agree to these Terms.
Article 2 (Definitions)
The meanings of the terms used in these Terms shall be as defined in the following items, unless otherwise provided in these Terms.
- 'User' refers to those who use this Service.
- 'Shop' refers to the page that a user opens using their own email address and password when using this Service.
- 'Seller' refers to a user who has opened a shop through a prescribed procedure in this Service.
- 'Buyer' refers to a user who purchases or intends to purchase products using this Service.
- 'Product' refers to the items that are the subject of transactions in this Service, which are the products that the seller lists and sells in the shop. Products include digital content composed of characters, images, and other digital data.
- 'Product Information' refers to the name of the product, description of the product, selling price of the product, and other information about the product that the seller registers at the time of listing.
Chapter 2 Use of this Service
Article 3 (Conditions for Use of this Service)
- In order to use this Service, you need to register an account with 'XMarket', a service operated by Gugenka Co., Ltd. You log into this Service with your 'XMarket' account.
- Users must complete the following procedures and agree to the terms of use of 'XMarket' and these terms (hereinafter referred to as 'these terms, etc.') when using this service. If you do not agree to these terms, etc., you cannot use this service.
① Register an account on 'XMarket'
② Register an email address for this service on this service - Users shall comply with these provisions, which apply when using this service.
- In order for a minor to become a user, they must obtain the comprehensive consent of their legal guardian or minor guardian (hereinafter referred to as 'guardians, etc.') in advance to become a user and use this service in accordance with these terms, etc., and to make listings or purchases or other dispositions. In addition, the minor agrees in advance that the Company may contact the guardians, etc., to confirm whether they have consented.
- Only the person who has performed the procedures set forth in Paragraph 1 of this Article may use the account, and the user must not transfer, succeed, lend, disclose or leak the account to a third party. Even if a third party uses the account due to the user allowing a third party to use the account or due to the user's negligence, the legal effects arising from such use shall principally be attributed to the user.
- The listing, purchase, and other procedures performed by the user through the Internet shall be deemed to be effectively established when the data related to the procedure is transmitted to our server and the content of the procedure is reflected in our system.
Article 4 (Contents of this Service)
- We provide a place for users to sell products as sellers to buyers (a place for buyers to purchase products from sellers) through this service.
- The sales contract for the product is established directly between the seller and the buyer. We provide a place for users to conclude a sales contract for the product, but we are not a party to the sales contract for the product between the seller and the buyer.
- The responsibility for the products registered by the seller using this service belongs entirely to the seller. We do not take any responsibility for the products registered by the seller.
Article 5 (Suspension of Use of this Service, etc.)
- If we determine that the user falls under any of the following items, we may take measures such as suspension of use of this service, cancellation of registration as a seller, deletion of all or part of the products and product information registered by the seller, denial of access to all or part of this service, or restriction of functions, without prior notice. In such cases, we are not obligated to explain the reason.
① If you violate laws or these terms, etc.
② If there was fraudulent behavior
③ If you lose your account registration for this service or 'XMarket'
④ If you have been subjected to suspension of use or other measures of this service or 'XMarket' in the past
⑤ If you do not respond to the confirmation of usage restrictions, etc. for the registration information or product information that we have requested to apply
⑥ If it is found that the telephone number, email address, or address registered by the user is not reachable, or if these information are false
⑦ If you fall into a state of over-indebtedness, insolvency, suspension of payment, or inability to pay
⑧ If there has been a request from a payment business operator or collection agent (hereinafter referred to as 'collection agents, etc.') to our company to stop the use of this service by the user, or if measures to stop the provision of payment services to the user have been taken
⑨ If bankruptcy proceedings have been initiated for the user, if a petition for civil rehabilitation proceedings has been filed, or if the user is in a state of business suspension
⑩ If the user has caused undue inconvenience to our company, other users, or third parties, or if the user has used themselves or a third party to engage in violent demands, unreasonable demands beyond legal responsibility, threatening behavior or acts of violence, spreading rumors, using deception or force to damage credit or disrupt business
⑪ If the user does not have the capacity to effectively perform legal acts (except when the user can effectively use this service with the consent of a legal representative, etc.)
⑫ If you are a member of a violent group, a member of a violent group, a quasi-member of a violent group, a social movement, etc., a special intelligence violent group or other antisocial forces (hereinafter referred to as 'antisocial forces, etc.') and have a close relationship with antisocial forces, etc. (including the provision of benefits such as funds) and are similar to these
⑬ If you have violated the terms of service provided by our company other than this service, or if you have committed an act that violates laws or other serious problems on an external site related to transactions on this service (including our designated payment service)
⑭ If our company determines that it is not suitable for the user - In taking measures such as cancellation of the qualification to use this service and other measures stipulated in the preceding paragraph, we may prohibit the user from using and accessing all services provided and operated by us in the future, not only this service.
Article 6 (User Suspension of Use)
- If a user wishes to suspend the use of this service, they can do so by following the procedures specified by the Company, provided that they promptly and smoothly complete a series of transactions in accordance with these Terms.
- The user shall, before performing the suspension procedure, perform the necessary procedures to receive the unreceived money for which they have the right to receive in relation to the use of this service.
- The Company may reserve the user's suspension procedure for a reasonable period necessary for the smooth operation of this service even after the completion of the user's suspension procedure.
Chapter 3 Account Registration
Article 7 (Account Registration)
- In order to use this service as a seller or buyer, you need to register an account with this service.
- An account registration applicant shall apply for account registration by the method specified by the Company, and account registration shall be completed by the Company's approval.
- The Company may not approve the application if the applicant has the following reasons, and the Company shall not be obligated to disclose the reasons.
① If false information is reported when applying for account registration
② If the application is from a person who has violated these terms, etc.
③ If the Company determines that the account registration is not appropriate
Article 8 (Change of Registration Information)
- If there is a change in the content of the account registration information in whole or in part, the user shall immediately change the content of the account registration information in accordance with the procedures specified by the Company.
- If the user does not perform the change procedure in the preceding paragraph, our processing based on the already registered information shall be effective. The user shall be responsible for any damage caused by the failure to perform the change procedure, and we shall not be liable for any such damage.
Article 9 (Management of Registered Email Address)
- A user who has registered an account shall register a usable email address that belongs to their management as the registered email address, and if the registered email address no longer belongs to their management, they must change it to another usable email address that belongs to their management.
- The user shall be responsible for the prevention of the unauthorized use of their registered email address and its management.
- If the information of the registered email address leaks to a third party, or if there is a risk of it, please contact us immediately. However, we may stop or terminate the service use by the registered email address, but we are not responsible for any damage caused by the information leakage.
- The user shall not be able to claim an investigation into the temporary suspension of the use of this service due to the theft, loss, or unauthorized use of the registered email address, or compensation for the damage caused by the suspension of use or the profit that the user could not obtain due to the suspension of use.
Chapter 4 Listing of Products
Article 10 (Listing of Products)
- A seller shall complete the registration as a seller through the procedures specified by the Company, separate from the account registration specified in Article 7, and list the product.
- A seller can cancel the listing until a purchase request is made for the listed product.
- A seller and a buyer can list or purchase only the types of products that the Company allows to be listed.
- A seller shall not list products that do not reflect their true intentions, or products with insufficient, ambiguous, or unclear product information that may cause misunderstanding. In addition to such listings, inappropriate listings may be canceled by the Company's judgment.
- A seller shall comply with applicable laws (including, but not limited to, the Antique Dealer's Act, the Act on Specified Commercial Transactions, the Act against Unjustifiable Premiums and Misleading Representations, the Act against Unfair Competition, the Trademark Act, and the Copyright Act), information from the Company, and these terms, etc., when listing a product.
- If we determine that the seller's registration of products falls under any of the following reasons, we may take necessary measures such as not allowing the seller to register the product, canceling the product registration immediately, and requesting the seller to change, correct, or delete all or part of the product. The seller who has received such a request shall immediately make the necessary changes, corrections, or deletions to the product.
- ① If the entire or part of the product falls under any of the items in Article 11, Paragraph 1
- ② If we determine that there is a risk of violating any provision of these terms
- ③ If there is a false, significant error, or omission in the entire or part of the product
- ④ If the seller does not respond to our contact or notification for a certain period of time
- ⑤ If the seller has had their use of this service canceled, their account registration for this service deleted, or their use suspended in the past
- ⑥ If the seller is not selling the product
- ⑦ If the buyer cannot understand the content of the product correctly or if there is a risk of misunderstanding the content or nature of the product based on the product information, or if there is a display unrelated to the product
- The provisions of the preceding paragraph do not impose an obligation on us to monitor the seller's actions or content, or to stop or delete the publication of products and product information. We are not responsible for any results or damages incurred by the buyer or third parties due to our taking or not taking the measures or requests stipulated in the preceding paragraph. In addition, the measures under this section do not prevent us from claiming damages from our users.
- The seller shall display the following items on the service site when registering and publishing a product on the service.
① The scope of the license to use the intellectual property rights of the product (the scope of the user, the scope of the license (whether secondary use is possible, whether commercial use is possible, etc.), the form of use to be permitted, and the period of permission are the basic items, but not limited to these.)
② How to use the product - The seller shall, after registering the product, immediately correct, modify, or change the information if there is an error or change in the content of the items displayed in the preceding paragraph.
Article 11 (Prohibited Information for Registration)
- A seller shall not list or register on the service site any products that fall under or may fall under the following items.
① Information about acts that violate laws, criminal acts, and acts that incite or assist them.
② Information that infringes on the intellectual property rights of third parties (including us and other users in this section) (patent rights, utility model rights, design rights, trademark rights, copyright, etc.) and other rights.
③ Information that infringes on the privacy and portrait rights of third parties.
④ Information that damages the honor and reputation of third parties.
⑤ Information that defames and slanders third parties.
⑥ Information that threatens third parties.
⑦ Information that we determine to be offensive to third parties.
⑧ Personal information of third parties.
⑨ Information intended to solicit extramarital affairs, compensated dating, prostitution, or solicitation of prostitution, etc.
⑩ Information that promotes, induces, or solicits murder, suicide, self-harm, illegal drug use, or drug use, etc., for the sole purpose of glorifying or affirming such acts.
⑪ Information that is obscene, child pornography, or equivalent to child abuse, and that violates laws, regulations, or other standards set by us.
⑫ Information that is inappropriate as determined by us, such as a dead body, a scene of killing or injuring a person, unclean or grotesque content that is offensive to the general public.
⑬ Information that contains discriminatory expressions in text, images, etc., and that we have determined to be inappropriate.
⑭ Information that is clearly incorrect, inaccurate, or misleading.
⑮ Information that corresponds to illegal advertising and promotion.
⑯ Information that significantly burdens the server or network.
⑰ Information about harmful programs such as computer viruses.
⑱ Information that violates public order and morals or promotes it.
⑲ Information about phishing sites, scam sites, adult sites, and other sites that we have deemed inappropriate.
⑳ Information about digital content for which copy protection (technical measures to prevent the duplication of recorded content) has been removed without authorization, or methods to bypass copy protection.
㉑ The right to use data such as characters, items, in-game virtual currencies, etc. in games (so-called real money trading), and the right to use accounts in online games.
㉒ Financial information products, side job solicitation information products, tools and related products and services, and other products that we have deemed inappropriate.
㉓ Specific personal information as defined in Article 2, item 8 of the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures (Act No. 27 of 2013).
㉔ Other information that the Company deems inappropriate
Article 12 (Change or Deletion of Products)
- If a user violates these terms, or if we determine that the user has engaged in inappropriate behavior in the spirit of these terms, or if we determine that the content posted on this service is not appropriate, we may change or delete any product that the user has listed on this service without prior notice, at our sole discretion.
- If a third party makes a claim of infringement of rights or other claims, and we determine it to be appropriate, we may restrict (including deletion and temporary unavailability) the product listed by the user.
- We are not responsible for any damages incurred by the user due to the measures under this section.
Chapter 5: Sale of Products and Transaction Details
Article 13 (Selling Price of Products)
The price of the goods to be exhibited by the stall holder shall be between 100 yen and 100 million yen (excluding consumption tax and local consumption tax). The stall holder is free to determine the price of the goods to be exhibited.
Article 14 (Purchasing Products)
- The buyer shall make a purchase request for the product listed by the seller through the procedure specified by the Company.
- The buyer cannot cancel the purchase request after making the request.
- The user must not make a purchase request without the intention of truly purchasing. The user who made the purchase request is responsible for any damages incurred by themselves, the Company, other users, and third parties due to the purchase request.
- The buyer shall promptly pay the purchase price by using the payment service of the type and method specified by the Company. If the buyer does not complete the purchase procedure, including the specified payment, by 23:59 on the third day after the purchase request, the sales contract will not be concluded.
- If the buyer completes the payment of the purchase price in accordance with the contact from the Company after the purchase request, an email notifying the completion of the purchase procedure will be sent to the buyer and the seller.
- The Company is not responsible if the purchase request for the product cannot be accepted due to internet problems or other reasons not attributable to the Company.
Article 15 (Conclusion of Sales Contract)
- As provided in Article 4, Paragraph 2 of these terms, the sales contract for the product is concluded between the seller and the buyer, and the timing of the conclusion of the sales contract is when the Company sends an email notifying the completion of the purchase procedure as provided in Article 14, Paragraph 5 of these terms.
- The Company shall take measures to make the product available for download after the sales contract has been concluded based on the preceding paragraph.
- The seller and the buyer shall not be able to transfer the rights arising from the sales contract to a third party, or use them as collateral, etc., based on the sales contract.
- The user is responsible for all matters related to transactions between users (listing and purchasing of products, negotiation of sales conditions, shipment and receipt of products, payment of product prices, cancellation and termination of sales contracts, responsibility for contract non-conformity of products, and all other acts associated with these acts).
- The Company may intervene in issues related to the user's products if it deems necessary for the smooth operation of the service, regardless of the preceding paragraph.
- The Company may take measures to delete, stop publication, or stop downloading of products (regardless of whether they have been purchased) that the seller is currently publishing or attempting to publish if they fall under any of the items of Article 11 of these terms, and may take other necessary measures. The seller and the buyer agree to this in advance.
Article 16 (Payment and Settlement)
- The details of when payment or settlement is required for the use of this service system will be based on these terms or as notified by the Company.
- The payment and settlement in the preceding paragraph shall be made through the online system of this service.
- If a payment fee or other costs are required for the payment provided in this section, the user making the payment shall bear the payment fee or other costs, except as provided in these terms.
- The user is responsible for any damages incurred by the user due to the inaccurate payment method or financial institution information entered by the user in this service, and the leakage of information due to the inadequate management of the information, usage errors, usage by third parties, unauthorized access, etc.
Article 17 (Usage Fee of This Service)
- The seller shall pay the Company an amount obtained by multiplying the amount of the purchase price of the product for which the sales contract has been concluded by the rate specified by the Company as the usage fee of this service, if the sales contract for the product listed by the seller is concluded.
Article 18 (Receipt of Product Price)
- The seller agrees in advance that the Company will act as an agent to receive the product price paid by the buyer in accordance with the conditions of the membership store agreement for the payment service concluded between the Company and the collection agent, etc., if the buyer makes a payment or settlement.
- We will remit the amount of money received by proxy in accordance with the preceding paragraph, less the fee for using the Service as set out in the preceding article (hereinafter referred to as the 'transfer payment'), to the financial institution account registered by the stall holder, with the closing date at the end of the month and payment at the end of the following month. The payment will be made at the end of the month to the account of the financial institution registered by the stall holder (the transfer fee will be borne by the stall holder). Payment will be made by bank transfer to the financial institution account registered by the stall-holder. The Company accepts no responsibility for any damage or disadvantage caused by a stallholder registering an incorrect financial institution account.
- The seller shall not be able to transfer the right to receive the transfer amount from the Company to a third party. However, if there is a special agreement between the Company and the collection agent, etc., regarding the attribution of the product price, the attribution of the product price shall be determined in accordance with this special agreement.
- If the transaction of the sales contract is canceled or terminated, the transfer of the transfer amount (including the grant of the transfer amount to the account for the seller issued by the collection agent, etc., and the transfer of the transfer amount to the bank account registered by the seller) can be reserved.
- The seller agrees in advance that the Company may re-delegate to the collection agent, etc., designated by the Company the agent receipt of the product price provided in the preceding paragraph.
- The Company and the collection agent, etc., may consider that the seller has waived the right to the transfer amount if any of the following items apply.
①If the Company notifies the stallholder to register a financial institution account for the transfer of funds as set out in paragraph 2 of this Article and the stallholder does not register a valid financial institution account within 90 days from the day following such notification, even though no reasonable reason exists for the stallholder's failure to respond to such notification.
②The Company notifies the seller to receive the transfer of the transfer amount, and the seller does not respond to this without reasonable grounds, and the seller does not receive the transfer amount within 90 days from the day following such notification.
③If the total amount of the transfer amount not received at the time when the user's use of this service ends or when the Company ends this service does not exceed the total amount deducted as provided in the second paragraph of this section.
④The amount of the transfer money in the case where the amount of the transfer money is less than or equal to the transfer fee (300 yen). - The Company may request the seller to refund all or part of the amount received by the seller if any of the following items apply. If the Company makes such a request, the seller shall immediately refund the amount of the request to the Company. The seller shall bear the cost of the transfer fee, etc., for the refund, except in the case of the fourth item of this section.
①If the sales contract concluded between the seller and the buyer is canceled or terminated.
②If there is impersonation by a third party other than the user of this service, etc., and there is an improper act of buying and selling products.
③If the collection agent, etc., requests a refund of the amount equivalent to the product price from the Company.
④If the Company or the payment/collection agent service receives an excessive amount exceeding the legitimate price due to an error by the Company or the payment/collection agent service.
Article 19 (Transaction Cancellation, etc.)
- The Company may consider that the seller has waived the right to the transfer amount if any of the following items apply.
①If the buyer does not complete the payment procedure by the period specified by the Company.
②If the Company receives a report of a problem with the transaction between users and determines that it is appropriate to cancel the transaction.
③If any of the items of Article 11, Paragraph 1 of these terms apply, and the Company determines that it is necessary from the perspective of protecting other users or ensuring the integrity of the transaction.
④If one or both of the users in the transaction have violated these terms, and the Company determines that it is necessary to cancel the transaction. - If the transaction is canceled, the sales contract is considered not to have been concluded from the beginning in this service. The Company may support the refund of the product price for transactions between users after the transaction is canceled.
- For transactions between users after the transaction is canceled, the user is responsible for resolving them at their own cost. If a user is found to be responsible for the cancellation of the transaction, they are liable for any damages or disadvantages incurred by other users due to the cancellation. The Company may intervene in issues related to transactions between users at its discretion.
- If the product purchased by the user falls under any of the following items, the seller is responsible and shall provide measures such as repair, replacement, or repair at the expense of the seller.
①If the product has a significant defect in quality, performance, etc. that it normally has.
②If the description of the product and the actual product are clearly different. - If the transaction is canceled, or the sales contract is canceled or terminated, and the Company refunds or compensates the buyer for the product price and other fees, the deadline for receiving it is 90 days from the day following the day when the Company notified or contacted the buyer of the receipt.
Chapter 6: User and Seller Responsibilities
Article 20 (Internet Connection Environment)
- To use this service, you need to be connected to the internet, and you are responsible for the cost and preparation of the communication environment, including communication lines, communication equipment, and software, necessary to use this service.
- The Company does not provide support for the communication environment.
- The user understands that they may pass through various networks in the process of using this service, and that the content of data or signals may be changed by the network or equipment to which they are connected, or through which they pass, and uses this service.
- The User shall take measures to prevent computer virus infection, unauthorized access, and information leakage in accordance with the User's usage environment.
Article 21 (User Responsibility)
- The user is responsible for any troubles that occur between users or third parties related to this service.
- The user is responsible for any disputes, including lawsuits, claims, and any troubles related to this service that occur between users or third parties. The user shall resolve such disputes at their own cost and responsibility, including legal fees.
- The user is responsible for any damages incurred due to the inability to access this service caused by the equipment, communication line, software, etc. used by the user, or by malfunctions, errors, bugs, etc. in the user's computer.
Article 22 (Seller's Duties and Responsibilities)
- The seller shall understand these terms and strive to fulfill them.
- The seller must register information to identify the business operator when using this service to operate their shop.
- The seller shall guarantee to the Company that the product and product information do not infringe on the rights of third parties. If a dispute arises with a third party, such as the infringement of the rights of a third party, over the product registered by the seller, the seller shall resolve the issue at their own cost and responsibility, and shall not cause any damage to the Company.
- The seller shall promptly notify the buyer of the fact when a significant defect such as a change or defect in the product ordered for sale becomes apparent.
- The seller is obligated to maintain the quality of the product for sale, and must promptly delete the registered product when there is a possibility that its quality may be compromised.
- If a buyer applies for the cancellation of a purchase due to a defect in the product sold by the seller, the seller shall take appropriate measures such as repairing, replacing, or repairing the product.
- The vendor shall make every effort to maintain the quality and image of the service and shall not engage in any conduct that interferes with such efforts.
- The owner of a storefront is fully responsible for any accidents or damages that occur due to the carelessness of the owner of the storefront.
- If a stall holder causes damage to a third party through the use of this service, the stall holder shall resolve the matter at his/her own responsibility and expense, and shall not cause any damage to our company.
- If a stall holder violates these terms and conditions, or causes damage to our company through fraudulent or illegal acts, our company reserves the right to claim compensation from the stall holder.
- Stallholders shall, at their own expense and responsibility, take measures such as encryption and other technologies to prevent illegal copying and leakage of products sold in their stores, and the Company shall assume no responsibility for the distribution or use of products sold by stallholders.
- The seller shall provide appropriate explanations and support for the download method, etc. of the product to the buyer at their own cost and responsibility.
- The seller shall promptly resolve any claims received from the buyer for the product provided to the buyer, such as poor quality or defects, or any disputes with the buyer. If the seller receives a request for improvement from the Company based on the content of such claims or disputes, the seller must promptly make such improvements.
- In the event of a claim or dispute as described in the preceding paragraph, the stallholder shall promptly take appropriate action in response to such a claim or dispute.
Article 23 (Prohibited Acts)
- In using the Service, users shall not engage in the following acts in addition to those stipulated in Article 11. If a User commits any of the following acts, regardless of whether such act is intentional or negligent, the Company may take adverse actions against the User who commits the prohibited act, such as forced withdrawal from the Service, suspension of use, or deletion of all or part of the data related to the Shop.
①Registering a subdomain that is identical or similar to the trademarks, domains, etc. of the Company or a third party, or that may cause confusion with a third party.
② Direct transactions or solicitation of such transactions without using the Service, or acts of responding to such solicitation (3) Acts of selling products that are clearly different from those listed on the Service (4) Acts of unreasonably delaying or ignoring responses to communications from the Company or from other users conducting transactions with other users. - If the user violates the preceding paragraph and causes damage to the Company, other users, or other companies, the user shall be responsible for and bear the cost of compensating for the damage, regardless of whether it was intentional or negligent.
Chapter 7: Interruption, Abolition, etc. of This Service
Article 24 (Change, Interruption, and Suspension of This Service)
The Company may change, interrupt, and suspend this service without prior notice to the user or the user's prior consent in the following cases in the operation management of this service. Also, the Company shall not be responsible for any damages incurred by the user due to the change, interruption, and suspension of this service.
- If it is necessary to maintain, inspect, and stop the computer system (hereinafter referred to as the system related to this service.
- If the operation of the system becomes difficult due to fire, power outage, natural disaster, or other force majeure.
- If the operation of the system becomes difficult due to interference by a third party or human-made disaster (war, riot, civil unrest, labor dispute, etc.).
- If the Company deems it necessary to stop the system for reasons beyond its control.
Chapter 8: General Provisions
Article 25 (Handling of Personal Information)
- The handling of information, including user personal information, by the Company is based on the provisions of the Company's privacy policy, and the user agrees to the Company handling the user's information in accordance with this privacy policy.
- The Company may use and disclose the information, data, etc. provided by the user to the Company as statistical information that cannot identify individuals, at the discretion of the Company, and the user agrees not to raise any objections to this.
- The user may use the personal information of other users obtained in connection with a transaction only for the purpose of conducting the transaction, and may not use such personal information for any other purpose.
- The Company may jointly use the user's personal data within the following scope to achieve the purposes of use described below.
- (1)Purpose of use
- For the purposes of use provided in Article 3 of our privacy policy
- (2)Items of personal data jointly used
- All personal data of the user, except for when the user makes a request
- (3)Scope of parties jointly using
- Gugenka Co., Ltd.
- (4)Purpose of use by parties jointly using
- The same as (1).
- (5)Name and address of the person responsible for the management of the personal data and the name of the representative
- Adastria Co., Ltd.
- 3-1-27 Izumicho, Mito, Ibaraki
- Michio Fukuda, CEO
Article 26 (Damages)
- If the user incurs damages due to reasons attributable to the Company in using this service, the Company shall compensate the user for the actual direct and normal damages incurred. However, the amount of compensation shall be as follows, and the Company shall not be liable for damages exceeding this amount.
- ①Compensation for damages to the seller
The total amount of the usage fee for this service received by the Company from the user shall be the upper limit. - ②Compensation for damages to the buyer
The total amount shall be the sum of the amount obtained by subtracting the usage fee for this service from the product price already paid by the buyer in the month when the damage occurred. However, this amount shall not exceed 100,000 yen.
Article 27 (Exemption Clause)
- The Company does not guarantee the content, quality, level, stable provision of the service, or the results of using this service.
- The Company may provide information and advice to the user as appropriate, but is not responsible for them.
- The Company does not guarantee that the content related to this service does not contain harmful things such as computer viruses.
- The Company does not intervene in the user's communication and transactions, etc., unless there is a specific explicit provision in these terms. Even if there is a dispute between users or between a user and a third party, the user and the third party shall resolve it, and the Company shall not be responsible for it.
- The Company is not responsible for the legality, accuracy, etc. of the products and product information registered by the user. The Company is also not responsible for the appropriateness of the product and product information for the internal rules, etc. of the corporation or organization to which the user belongs.
Article 28 (Intellectual Property Rights)
- The Company owns the copyright (including the rights under Article 27 and Article 28 of the Copyright Act and other rights.), patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (hereinafter referred to as intellectual property rights of the content such as text, images, videos, programs, and other content in this service. The user of this service may use the intellectual property rights within the scope permitted in these terms.
- Notwithstanding the preceding paragraph, the intellectual property rights of the information on the products registered using this service belong to the user who created and registered the products.
- With respect to the preceding paragraph, the products that the user registers using this service are limited to content for which the user has the right to use intellectual property rights and other rights. If the Company becomes aware that content is being used without permission, the Company may, at its discretion, suspend the listing of the product without notifying the user.
- If the user violates the preceding paragraphs and a problem arises between the user and the Company or other users of this service, the user shall be responsible for and bear the cost of resolving the problem.
Article 29 (Revision of These Terms)
- These terms may be amended, changed, or revised by the Company without the prior consent of the user by notifying the user in a manner deemed appropriate by the Company, such as by posting on the website.
- If these terms are revised, the user shall follow the revised terms.
Article 30 (Method of Notification)
- If the Company deems it necessary to notify and contact the user, the Company shall notify and contact the user by a method selected by the Company, such as email, telephone, the Company's website for this service, or postal mail, based on the information registered by the user.
- In the event that, despite notifications and communications from us based on the information registered by the user, such notifications and communications are not received or are delayed, the user shall be liable for any damage caused by such non-delivery or delay.
- If the user makes an inquiry, the Company may verify the user's identity by a method determined by the Company.
Article 31 (Severability)
Even if any part of these terms is deemed invalid or unenforceable by the Consumer Contract Act or other laws, the remaining parts of these terms and the remaining parts of the provisions deemed invalid or unenforceable shall remain in full force and effect.
Article 32 (Governing Law and Jurisdiction)
- These terms shall be interpreted in accordance with Japanese law.
- If litigation is necessary regarding this service or these terms, the Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction as the court of first instance, depending on the litigation.
- Supplementary Provisions
- These terms shall be effective as of December 12, 2023.
- This Agreement shall be revised and effective as of June 1, 2024.