Note: This Copyright Policy is effective as of October 10, 2019.
This Terms and Conditions (hereinafter referred to as “this Agreement”) defines various terms for customers to comply with Fujiyamall, Inc. (hereinafter referred as “the Company”) upon using various services provided by the Company (hereinafter referred to as “this Service”) at “FUJIYAMALL” which our company manage.
Article 1. Content of this Service and Role of the Company
1. This service provides place and opportunity to sell and purchase products between Members (defined in the following Article). Guarantees on sales contract, exhibition, purchase, and so on between Members are all based on self-responsibility. The Company does not participate in any of execution in cancellation, termination, return, refund, guarantee, and so on of sales contract. Members, who participate this service, owe all the responsibilities on establishment of contract, sales of products, delivery of products, payment, and money collection. In addition, the Company does not have any responsibility, rights, and authorization as a buyer or seller. Thus conclusion of a contract, delivery of products, receiving the products should be conducted between the Members and the Members fulfill those with responsibility. Even if any trouble has occurred, the Company does not solve the problem. As said, please note that you need to undergo trades with enough attention when you make trades at this Service.
2. The contents of this Service is as specified in this Agreement (as defined in the following Article).
Article 2 Definition
1. "This Service" means the various services for the Members provided by the Company at FUJIYAMALL, the internet service managed by the Company.
3. "The Member" means an individual or a company, who agrees this Agreement, who registers to join the service determined by the Company to use this Service, and whom the Company approved its registration.
4. "The Member, etc." means the Members, applicant as a Member, and visitors of this Service. However, the Members, etc. and the visitors are sometimes shown at the same time. In addition, unless otherwise indicated, it shall also include the visitors to a third party.
6. "exhibition" means that, at this Service, the Members make a product in a state of tradable by filling necessary contents and so on and the other Members, etc. can view it.
7. The "product" means items that are the purpose of trading in this Service.
8. The "exhibitor" means a Member who made the exhibition of products a through this Service.
9. "Buy" indicates the act of performing purchase of products by the procedures prescribed by the Company. In the case of products which have been exhibited in the auction, it indicates the act of quotient successful bid the products by the Company prescribed procedures.
10. The "buyer" means a member who has purchased a product through the Service. In the case of goods that are exhibited to the auction, it indicates the members who bid the goods.
11. The "prospective buyer" means a member who has made a bid to purchase a product which has been exhibited in the auction through the Service.
12. "Bid" means the act of bid on a product, which has been exhibited in the auction, with the sum or greater than the amount that the exhibitor indicates.
13. The "Content" means images, videos, text information, and so on, which the Company or a Member, etc. has been published or submitted to this Service.
14. The "FUJIYAMALL account" means an account, where the Members accumulate the sales amount obtained by selling the exhibited products and points provided by the method determined by the Company.
15. The "official shop" means an exhibitor, who has been authenticated by the Company with its own criteria. In addition, it shall be determined separately for the certification standards.
Article 3. Consent on this Agreement and Convention of this Agreement
1. The purpose of this Agreement is to define the conditions on the use of this Service between the Member and the Company and it will be applied all relationships related on use of this Service between the Members and the Company. The Members, in addition to the acceptance of this Agreement, must use the Service in accordance with the Articles of this Agreement. The Membership is deemed to have agreed to this Agreement by making use of this Service.
2. This Agreement shall be able to be changed at any time as needed without the Member's prior consent. In this case, the terms and conditions for the use of this Service shall be due to this Agreement after the change.
3. This Agreement after the change, unless the Company separately determines, shall take effect from the time that was displayed on the web site of this Service.
4. When the Member, etc. uses this Service after the change of this Agreement becomes effective, the Member is deemed to have agreed to all of the information contained in this Agreement after the change, and any contents ignorance or noncompliance cannot be made.
5. The Company does not take any responsibility on damages caused to the Member, etc. due to a change of this Agreement, whether directly or indirectly.
Article 4. Member Registration and Membership
1. This service, in accordance with the certain procedures that the Company set, shall give qualification that only the Members who carried out the use registration can use.
2. The Members, who can use this Service, are limited to those who are over the age of 18. However, except for those that the Company admitted separately. Further, when the Company originally determine that the User is under the age of 18, the Company can delete the account, or can proved the Service by limiting functions.
3. The Member shall not be able to have more than one member account.
4. The Company may reject the application for membership registration in the case of the following.
1 When the applicant does not meet the membership qualification on Article 2, 3, and 4 in this Agreement.
2 When the applicant has been punished by the Company, such as use suspension, due to violation of this Agreement.
3 When incorrect information or false information is included in the registration content.
4 When the Company determine that the applicant has interfered the Company’s management and Service providing or interfered the other Members’ use or the Company determines there are fears in such.
5 When the Company determines the applicant is belong to gang, gangster, gang quasi-members, racketeers, social movements, such as advocating grounder, special intelligence violence population, and other anti-social forces that conform to those (hereinafter referred to as "anti-social forces, etc.") or is a company and the like, which are substantially involved by the such in its management.
6 Other cases that the Company determines inadequate.
5. When there are any changes on the registered contents, the Members shall immediately change it by the method specified by the Company. The Member shall have a responsibility on managing and changing the register contents so that the Member’s correct information is always registered. When a Member does not change the information although there has been any change, the Company can deal with the registered information that there is not any change. Even in the case there is a change notification, some trading and procedures made before the change may depend on the information before the change.
6. The Company does not take any responsibility on damages caused by the fact that the Company does not approve the membership registration, or damages caused by that a Member changes registration details.
Article 5. Login ID and Password Management, and the Like
1. The Members are responsible for managing their own e-mail address and password, and the like that they enter (hereinafter referred to as the "account information"). The Members cannot have a third party to use their own account information, transfer or sale, pledge, rent, lease or, dispose regardless of the form.
2. The Member shall take all the responsibility of damages caused by leakage of information caused by poorly managed account information, malpractice on the use, use of a third party, unauthorized access, etc., and the Company shall not be liable on them at all. In addition, if any damage is caused on the Company due to the account information is used by unauthorized person, the Member shall compensate for the damage.
3. Where the account information is leaked to a third party or there is a fear of it, the Member shall contact to the Company as soon as possible. And if there are instructions by the Company at that time, the Member shall be subject to them.
Article 6. Cancellation of Member Registration, etc.
1. When a Member is applicable on any one of the following or the Company determines so, without prior notification, the Company shall be able to undergo membership registration cancellation, Service denial or suspension, etc. of access to all or part, and, deletion of all or part of the content and information related to the Member. The Company assumes no obligation to explain the reason.
1 When the Member violates laws and regulations (if laws and regulations other than Japan are applied, also includes the country's laws and regulations) or violates this Agreement.
2 If there is a fraud.
3 When the Company determines that the registered information is a false information.
4 When the Member fails proceedings to the Company or to contact necessary on this Agreement.
5 When the registration information is a duplicate of an existing registration.
6 When the registered mobile phone number or e-mail address is found to have become disconnected.
7 When the member has fallen into a state of insolvency, lacking funds, or suspension of payment.
8 When the Member is in the situation of bankruptcy proceedings member, civil rehabilitation proceedings, corporate reorganization proceedings, start of special liquidation, or other cases when complaint has been made, dissolution, or operating stop.
9 When the Member caused a trouble on the other Members and a third party unduly.
10 When applying on any of the Paragraph 5 in Article 4
11 When the Members, by themselves or having a third party, undergo violent act request, unfair request act that exceeds the legal liability, the act of using threatening behavior or violence, to spread the rumor, using fraudulent means or by using the authority force, or in the case where the act to interfere with the damage or business credit.
12 Other cases when the Company determines to not appropriate to the Member.
2. The Company, for the Member who has received a measure of this Article, shall be able to prohibit the use and access of the services provided by the company in the future.
3. The Company, for the money, such as to be paid to the Member at the time of this section of the measures, by the Company in its sole discretion, shall be able to choose, confiscation as a penalty or refund to the buyer Member by the method of determined by the Company.
4. The Company shall not bear any responsibility on damages caused by the actions of this Article.
Article 7. Withdrawal of Membership
When a Member wishes to unsubscribe, it can unsubscribe by the Company prescribed procedures. However, at the time the Member made the withdrawal procedure, if the procedure of payments and mailing such as trading of product transactions are unfinished, the Member is assumed to be complete these soon, and the withdrawal is agreed after its completion. Without any reasons, in the case a Member withdraw the membership or the membership is extinguished, the FUJIYAMALL account balances remaining at that point is attributable to all of the Company, and the Member shall not be able to use it thereafter.
Article 8. Handling of Personal Information
Article 9 Prohibitions
1. Upon using this Service, the Company prohibit the acts that the Company determines that they are applied to the following sections regardless of the negligence of the member. When a Member carry out any of prohibited acts, the Company may cancel the membership registration, or and so on, without any advance notification, on the basis of Article 6 of the first term. In that case, the Company does not ow any responsibility on the questions and complaints about the deletion results and stop using measures. It is applied the same even in the case when the Member cannot confirm the contacts by the Company.
1 Act of use by less than 18 years of age.
2 Act to promote this Service available to the people of less than 18 years old.
3 Acts to violate the Company’s, other members’ or third parties’, all of the intellectual property rights, including copyrights, industrial property rights (patent rights, trademark rights, etc.), intellectual property rights such as trade secret, right of publicity, and legitimate rights such as publicity rights.
4 Acts to damage the Company, other member or third party.
5 Contrary to public order act.
6 Acts to violate laws and regulations (if laws and regulations other than Japan are applied, also includes the country's laws and regulations) or a violation of this Agreement.
7 Acts to help, solicited, force, or facilitate the violation of laws and regulations (if laws and regulations other than Japan are applied, also includes the country's laws and regulations) or this Agreement.
8 Acts to use for commercial purposes on the all or part of this Service (content, information, collection of information, system configuration or is not limited to but including a separate program source), diversion, resale, transmission, distribution, use, copying, duplication , translation, adaptation, rent, etc. regardless of whether due to any method.
9 Acts with a purpose of profit in connection with this Service, despite the absence of any such approval.
10 Act to interfere with the operation of this Service.
11 Acts to directly trade products registered on this Service without going through this Service or to facilitate that.
12 Doing business, such as exhibitor posting URL to their websites.
13 Discredit of this service or act of damage.
14 Act of registering a false information.
15 Act of illegally using this Service.
16 Except for the generally published information, without permission of copyright holders, to publish personal contacts, such as telephone number and e-mail addresses.
17 Act to exploit the other information of others, such as name.
18 Acts to upload on the Members’ computer, causing some sort of adverse effect on the hardware or software that they have been installed, such as communications equipment, or other computer programs and files, such as to provide a psychological discomfort uploading URL that those programs and files to access the server that has been recorded, or acts that put a link to such server.
19 Act to register membership again by whom that has stopped using this Service by violation.
20 Act to invite intentionally or negligence of a Member that has been stopped membership by violation.
21 Act to transfer membership to a third party or to let them use.
22 Act of using one membership with more than one person.
23 Act of holding a plurality membership by one person.
24 Act to imposes a burden on the server beyond the scope of normal use.
25 Slander against others, intimidation, harassment, acts of stalking, and the like.
26 Act for the purpose of money laundering.
27 Act to exhibit products with a sales price of significantly dissociated he normal economic value.
28 To purchase each other's products with price cuts.
29 To try exchange or half exchange (exchange goods with each other, and to pay the difference of the products in the money).
30 Acts to pose a cash-on-delivery (to offer to pay a part or all of the price of the products with cash on delivery).
31 To exhibit the same product (Including products that contain the same products) by third-party services and other ways.
32 To sell products that is not at hand as booking or purchasing.
33 To intentionally raise a price of exhibited product at the auction through pseudonym or third parties.
34 Act to interfere with the sale of products that other exhibitor has been exhibited (including using products that have other exhibitor is exhibited and promoting products that person has exhibited).
35 Other acts that the Company deems inappropriate.
2. In the case of the terms set forth in the preceding paragraph, if the Company has suffered some kind of damage, the Member shall be compensation for the damage to the Company.
Article 10. Exhibition of Products
1. An exhibitor will make exhibition of products by the Company prescribed procedures. Products that can be exhibited in this service are old clothes, shoes, accessories, fashion accessories, and other items consistent on this Service with the commodity category that appears.
2. Among the Members, only the Members, who can ship from Japan, shall be able to exhibit at this Service.
3. Exhibitors will in advance understand about what they cannot exhibit products listed in the following items. If they exhibit products corresponding to the following, regardless of the presence or absence of intentional or negligence of the exhibitor, the Company considers them as this Agreement violation act.
1 Products other than the product range provided for in the preceding paragraph products.
2 Products that violate laws and regulations (if laws and regulations other than Japan are applied, also includes the country's laws and regulations).
3 Product offensive to public order and morals (including adult-related products, obscene goods, items related to child pornography but not limited).
4 Products with the objective of a mainly or risk of being used as a weapon.
5 Products that violate the rights of others or with fear (including a fake brand-name products but not limited).
6 Product obtained by crime.
7 Digital content including computer virus.
8 Products that requires permission of sales by laws and regulations (if laws and regulations other than Japan are applied, also includes the country's laws and regulations).
9 All of the products that have effect on human body and health.
10 Product in violation of the User's Guide.
11 Products with no intention to sell.
12 Product, which people who saw the exhibition may be not be able to understand the product by reading the product information or cause confusion.
13 Products that do not perform sufficient explanation.
14 Other products that the Company determines.
4. The Members must comply with, upon the exhibition, antique business method, Act on Specified Commercial Transactions, Act Against Unjustifiable Premiums and Misleading Representations, Unfair Competition Prevention Law, Trademark Law, the Copyright Act and other laws and regulations (if laws and regulations other than Japan are applied, also includes the country's laws and regulations).
5. Exhibitors will be able to set their own exhibition price of the product. Under applicable laws (if laws and regulations other than Japan are applied, also includes the country's laws and regulations), if there are cases that the exhibitor owe the consumption tax, the price set by the exhibitor is deemed as the amount that includes the tax.
6. The Member will not be able to exhibit products with the intention of selling to target only certain other Member. The Company may, at its discretion, can make a decision under the conditions and other circumstances, whether the intended sales exhibition there items are directed to only certain other Members. The Company shall not be liable on any damaged caused on the Member by this determination.
7. Exhibitors should select a correct category when they exhibit products by referring to exact description. The Company may, at its discretion, from the exhibition of the conditions and other circumstances, be able to determine whether or not the state and published the contents of the products that exhibited is divergence, if it is determined that deviate, the publication contents amendments by the Company. The Company shall not be liable on any damaged caused on the Member by this determination.
8. Exhibitors are not allowed to set links and advertisement which is unrelated to the product they sell.
9. The members cannot set unrelated comments, photos, and links, to the exhibiting products on product information.
10. Exhibitors must complete the transaction, when a product is purchased, by sending or providing the product to the buyer.
11. If the Company determines that an exhibition is inappropriate or if it is determined to be in violation of this Agreement with respect to the exhibition, the Company, in addition to the measures provided for in Article 6, the purchase act like that occurred with respect to the exhibition and the exhibition shall be able to cancel it at our discretion. The Company shall not be liable on any damaged caused on the Member by this determination.
12. On damages caused on the Members and third parties due to a Member’s exhibition such as, the Company shall not be liable at all.
Article 11 Purchase of Products
1. Those who wish to purchase a product shall perform the purchase of the product by the Company to the prescribed procedures.
2. The members do not try to purchase if there is no intention to buy, do not purchase. Directly or indirectly, the Company will not assume any responsibility at all on damages caused to Members by such procedure.
3. Those who wish to purchase the product cannot cancel their bid after the purchase of the product by the Company prescribed procedures.
4. When a product is exhibited in the auction, the auction will be held in the holding period of the auction, which is set in the product. Products with special setting by campaign, and the like, this is not for the case.
5. When a product is exhibited in the auction, if the data of the bid does not reach to our database server until the prescribed by the Company of the auction of the end time, the bid will be deemed that there had been no bid. Auction end time is relative to the time in the Company's server.
6. Exhibitors will not be able to buy the products which they exhibit by themselves.
7. When the Company determine that a buyer tries to purchase without true intention of purchase, the Company may undo the purchase.
8. The Company will not assume any responsibility on damages caused by the purchase of the Member (bid and a successful bid in the case of products which have been exhibited in the auction).
Article 12 Payment and Transaction
1. When a buyer has made a purchase completion procedure of specific products that have been exhibited, in the case of the products have been exhibited in the auction, between the seller and the purchaser at the conclusion, sales contract of the products shall be established to. The seller and buyer shall not transfer, provide collateral or other disposition the rights and obligations that raised on the sales contract.
2. In the case of products which have been exhibited in the auction, the highest bidder at the time the auction has been completed will be the purchaser of the product.
3. Along with delivery, based on applicable laws and regulations (if laws and regulations other than Japan are applied, also includes the country's laws and regulations), if there are tariffs, consumption tax, and other taxes and its customs that the buyers should bear, the buyer should bear those tax and expenses, unless otherwise agreed between the seller, in addition to the products price, commission rate, and postage described later.
4. If a sales contract has been established, the buyer shall pay the total amount of the product price, commission fee, and postage in the manner prescribed by the Company. In the case the buyer does not pay them, the sales contract may be revoked.
5. The exhibitor shall promptly ship the product after the payment of the buyer has been completed. Upon shipping, the exhibitor needs to do deliver in a way that remains tracking history.
6. After an exhibitor ships the product, in the manner prescribed by the Company, there is a need to carry out a shipping notification to the buyer. If this is not done there, the sales contract may be canceled.
7. When a trouble occurs on a product, etc. between the exhibitor and buyer, it shall be resolved between the Members. However, at the Company’s discretion, the Company shall be able to enter the consultation.
8. Upon the use of this Service, it is assumed that a sales contract cannot be canceled after the establishment.
9. If there is a defect in the product, if the actual product and item description is clearly different from, if such products was damaged at the time of delivery by the inadequacy of packing, the sell shall be responsible, and shall refund, correspond to repair or replacement or the like in the seller’s responsibility.
10. If payment or settlement is required with respect to this Service, it shall be carried out through the online system of this Service. The details of which will be subject to the place, which is defined in user guide. In addition, a Member’s burden of the transfer fee and other expenses necessary for the payment are subject to a place defined by the guide in this Service.
11. A buyer shall pay the total amount of commodity price, commission rate, and shipping on the basis of the representation by Japanese Yen. About exchange rate to be applied to each currency at the time of payment, buyer shall inquire into the financial institutions of credit cards and the like with self-responsibility. The Company will not assume any responsibility.
12. If a Member does not pay necessary amount according to this Agreement, or a Member delays on paying, or the credit card or financial institution account that was entered is stopped, the Company can stop the use of this Service by the Member or can take the measures provided in Article 6 without any advance notice to the Member.
13. The Company has no liability on the damages on Members caused by the fact that payment method or bank account information input by the Members are used by a third party or the fact that the input information is incorrect.
14. Buyer shall check the received items quickly and shall evaluate the exhibitor in accordance with the Company predetermined method.
15. After sending notification of a product has been made, if Members receive the product and does not evaluate the exhibitor in accordance with the Company prescribed method for a long period of time, the Company assumes the buyer received the product and the Company may make receipt of the product and evaluation on the exhibitor. With regard to any damage caused by it, the Company shall not be liable.
16. With the point at which evaluation has been completed to the exhibitor, a trade is satisfied.
17. After a buyer evaluates the exhibitor, the exhibitor shall evaluate the buyer in accordance with the Company predetermined method.
Article 13. Payments to Exhibitor
When a product arrives to the buyer, and after the evaluation of the exhibitor by the buyer is completed, sales amount is payed to the exhibitor on FUJIYAMALL account according to the method determined by the Company. However, if the seller is "official shop", the payment of sales is completed to FUJIYAMALL account at the point when the exhibitor notices shipment according to the method determined by the Company.
Article 14. Handling of FUJIYAMALL Account Balance
1. FUJIYAMALL account balance is valid only in the period from sales date (those that have been granted as a point is the date of grant) to 180 days. Unused and expired FUJIYAMALL account balance disappears and Members can not use even in a subsequent any way.
2. FUJIYAMALL account balance shall be preferentially allocated to the settlement of the product purchased.
3. Concerning the balance of FUJIYAMALL account, if Members apply for transfer in the manner prescribed by the Company, the Company shall make the transfer on the payment date stipulated by the Company after the Company has approved.
4. The transfer fee shall be beard by the Company or Members by the applicant amount. The details will be subject to a place defined by guide in this service.
5. There is the minimum amount of money that it is possible to carry out the application on transfer application. The details will be subject to a place defined by guide in this service. However, laws and regulations (if laws and regulations other than Japan are applied, also includes the country's laws and regulations) if the above required is not limited to this.
6. Member per FUJIYAMALL account balance to be held, to third parties, cannot make assignment, transfer, collateral, and the other disposal.
7. When the account information that is input at payment of product at FUJIYAMALL balance or that transfer is applied, matches the information of the Member, which the Company recognize as a holder of the FUJIYAMALL account balance, the Company can regarded as the appropriation or transfer application by the Member.
Article 15. Interruption, Termination, and Change this Service
1. The Company, by any reason at any time, without giving prior notice to the Member, and shall be able to terminate or modify all or part of this Service. However, when the Company makes termination and change of this Service, the Company shall advance to endeavor so to notify the Member by the sites, such as e-mail or this Service.
2. The Company, for damages resulting from the termination or modification of the previous section of this Service, whether directly or indirectly, shall not be liable to Members and third parties.
3. If the following condition applies, without prior notice or consent of the user, the Company may change, terminate, or stop a part or all of this Service.
1 When associated with maintenance or specification change of equipment for this Service.
2 When a failure occurs on the equipment for this service and it is unavoidable.
3 When use of telecommunications services has become impossible due to telecommunications services provided by the registration telecommunications operators.
4 When natural disaster, incident, and other emergency occurs, or there is likely to occur, and this Service management has become difficult or impossible.
5 When the Company determines to temporary interrupt this Service due to other operational or technical matters.
Article 16. Intellectual Property Rights and Content
1. Rights to all of the material that make up this Service are the property of the third party that grants the right to the Company or of the Company. Members, with respect to all of the stocks of the this Service, shall not acquire any rights and shall not perform any acts to violate ownership, all of the intellectual property rights, including copyrights, portrait rights, publicity rights, etc., and rights related to the content material without grants of the right holder. License of use of this Services under this Agreement does not mean the license of the Company or a third party with the right in this Service.
2. Concerning photos and information of exhibited products by an exhibitor, the Company shall be able to use them freely for the purpose of publicity of this Service, management, and so on.
3. Responsibility in any manner whatsoever for any content that Member, etc. sent or posted in connection with this Service should be owed by the Members. The Company does not confirm its content, quality, accuracy, authenticity, legality, currency, usability, etc. In addition, the Company, with respect to their, shall not have warranty and shall not be liable.
4. Member, etc., to the content of other Members, etc. to send or posted, should judge by themselves on its content, quality, accuracy, authenticity, legality, recency, usefulness or the like. The Company, for damages caused by Member, etc., and a third party to use the Company’s content, will not assume the responsibility at all.
5. When the Company determines that Members have done inappropriate behavior in the light of the spirit of the violation or the Terms of this Agreement, the Company shall be able to change or delete all the content that the Members have posted without prior notice.
6. When Members want to post contents, including a third party’s right, other than themselves, (hereinafter refereed to as "Third Party Content"), concerning those contents and posts, Members must obtain consent from the all right holder, including copyright owner of the contents (those who have a right to privacy as a subject, who has the right of publicity, those who have a right of sentences and videos, etc. that make up the content are included but not limited to these) and the Members shall poste only consent obtained contents by the third-party.
7. When the Members violate the preceding paragraph and a trouble occurs between the Company, other Members, or the right holders of Third Party Content, the Members shall attempt to resolve the trouble in its own expense and responsibility, and shall not apply for any inconvenience to the Company.
Article 17. Exemption
1. When using this Service, Members themselves determine the usefulness of of this Service, or information and services that are offered in this Service and use it at your own risk.
2. The Company shall not owe any responsibility and shall not involve in any troubles determined in this Agreement separately, and troubles occurs between Members or with a third party in relating to this Service. When any trouble occurs, Members shall be settled between the Members. If the Company has suffered a loss by the trouble, and the parties shall compensate the damage in solidarity.
3. The Company, for the trouble that took place under the premise that use of the future this Service, without incurring any responsibility, does not participate at all. If any trouble occurs, it shall be solved between the parties. If the Company has suffered a loss by the trouble, and the parties shall compensate the damage in solidarity.
4. When any troubles, including trial, claim, dispute, and so on, in relating to this Service with Members and a third party, the Members shall settled them at their own risk and cost, the Company does not participate at all. Member, etc., are to agree that any costs and compensation, etc. including attorney's fees caused to the Company for the corresponding of the dispute, to bear in solidarity.
5. When dispute occurs between Members the Company, Members shall agree to all the costs, including attorney expenses incurred to the Company in connection with the dispute, to bear in solidarity.
6. The Company does not guarantee contents, quality and level of this Service, stable provision of this Services, and results relating to this Service.
7. The Company shall not be liable for any damages, whether directly or indirectly, even when Members and a third company have damage due to inaccurate, inappropriate or ambiguous content, expression or action, etc. on providing this Service.
8. The Company shall not be liable for the Members, etc., even though may make appropriate information and advice advice. Also, it does not guarantee the accuracy and usefulness of the advice and information provided.
9. The Company does not guarantee at all that the content related to this Service does not contain harmful computer viruses, etc. The Company shall not be liable on any damages, whether directly or indirectly caused by the fact that the content related to this Service contains harmful computer viruses and the like.
10. The Company shall not be liable on any damage, whether directly or indirectly, caused on Members and a third party due to equipment, communication line, software, etc. that member took advantage.
11. The Company shall not be liable at all on inaccessible to this Service, failure in a Member’s computer, error, bugs, and so on.
12. The Company shall not be liable on damages, whether directly or indirectly, caused on Members and a third party due to all damages (data loss, system interruption, unauthorized access, etc.) due to failure on computer, system, and communication line.
13. The Company shall not be liable, whether directly or indirectly, on damages caused by URL to other web sites written by Members, etc.
14. When there are translated information by a computer system, which Members use at this Service, the Company shall not bear any liability on those translation accuracy and the contents.
Article 18. Claim for Damages Compensation
1. When Members gives any damage on the Company by violating act of this Agreement or by using this Service illegally or inadequately, regardless of the willful negligence, the Company shall make the Members claim for damages compensation.
2. Due to the other reasons for the application of consumer contract law and so on, even when the Company bears damage compensation regardless of the provisions indemnify, the Company's liability for damages bears the liability for damages against members also, our responsibility, our willful or only reality in direct and regular damage has occurred out of the damage caused to the member by the debt default or tort due to negligence, and, it should be up to cumulative total amount of fees received from the member.
Article 19. Notification
1. When the Company determines there is a need for notification and contact to Members, the Company notify and contact to Members registered smartphone application, e-mail address or address on Member Information, messaging capabilities, e-mails or postal mails.
2. The Company assumes no responsibility on damage caused by the notification and report from the Company delay or not-delivered.
3. When notification, contact, or inquiry for Members, etc. is necessary, the Company does so through the Company providing website of this Service, listed contact on smartphone application, sending of inquiry form, e-mails, or postal mails. The Company does not accept telephone or visit.
4. If there is an inquiry from Members, etc. on the basis of the preceding paragraph, the Company, by a way in which the Company set forth, it is assumed that it is possible to perform the identification of such Member. Also, concerning how to answer to the inquiry (e-mail, mailing written, telephone, etc.), it is assumed that it is possible to answer using the answer how to think that every time we are the best. Members, etc. can not the answering way.
Article 20. Information Provide to Members
The Company provide Members e-mail delivery of the recommended products, stock information of products, announcements of new services, advertising delivery, service operational office contact, and other information. However, when Members does not wish to receive the information, and the Members notice in advance or post at the Company’s predetermined method, except when necessary to provide this Service, the Company shall not take provision of information.
Article 21 Business Transfer
When the Company transfer the business according to this Service to a third party (including business transfer, cases of all the company split other this Service to transfer), along with the transfer of the business, the Company shall be able to transfer contractual status to the terms, rights and obligation depend on this Agreement, and registered information and other information to the assignee, and the Members shall be pre-consent on such transfer.
Article 22 Reparability of this Agreement
1. Then any part of this Agreement or its part are determined to be invalid by Consumer Contract Law and other laws and regulations (if laws and regulations other than Japan are applied, also includes the country's laws and regulations), the rest of this Agreement or the rest of the invalid articles effectively survive, and are able to be amended in necessary extent to make valid the invalid articles or their parts, so that the invalid articles or their parts’ contents, laws (if laws and regulations other than Japan are applied, also includes the country's laws and regulations), and economical effectiveness can be ensured.
2. In the case of dispute occurs in matters not listed in this Agreement or in interpretation of this Agreement, Members are subject to the Company's defined.
Article 23. Governing Law and Jurisdiction
1. Governing Law related to this Agreement is the Japanese law, Members and the Company, for disputes relating to this Agreement, in accordance with the amount of its rate, agree to have Tokyo Summary Court or the Tokyo District Court as the first instance of the exclusive jurisdiction of the courts.
2. The Members agree to exclude application of International Union Convention on Contracts for the International Sale of Goods, relating to the establishment of this Agreement, validity, interpretation and implementation as well as the use of this Service under this Agreement (including the trade among Members on this Service).
Article 24. Applied Language
The original version of this Agreement is in Japanese version, translations in languages other than Japanese are what has been provided for the convenience of Members, etc. Therefore, if there is a conflict between Japanese and non-Japanese translation, the effective force of the Japanese version will prevail.