Terms of Service
Although we provided Users a translation of Terms of Service and other policies or scripts in the service from the Japanese language version to other language (hereinafter referred to as "Japanese Version"), the Japanese Version will govern the relationship between Users and the Company officially, regardless of the content of translated parts. In the event of a contradiction between the Japanese Version and a translation, the provisions in the Japanese Version shall take precedence over any other translation.
Article 1. Our service and scope of service
1. Our Service
This service is a sharing platform for luggage / goods (luggage and goods are synonymous) and provides opportunities for users to lend / borrow luggage and goods between users. As a lender, the user registers (this is referred to as "listing" below) luggage / goods in the virtual space on the site (this space is referred to as "Locarry" hereinafter) and you can lend items with a fee or for a free of charge to third party users. (lending service by users, hereinafter referred to as "lender service").The user owes the responsibility to manage their access or account registration of the Service, and the provision of lender service as well as the use the Service as borrower on his own. The user is liable to respond to any damage or troubles caused to him / her or others as a consequence of the use by him / her. Our company shall not owe any responsibility.
2. Individual Contract
In the event that the user makes or approves request of the luggage / goods on this service, the user shall conclude an individual contract between the users, and in any case, the company shall not act as the representative of either party nor an active participant of the individual participant.
3. Users' Responsibility
- Quality, safety and legality of listings and lender services
- Truthfulness or accuracy of review or contents uploaded by users
- Quality, accuracy, legality of user input information including borrowers. Quality, accuracy, legitimacy of all contents of users (defined in the next Article) in this service
Although we may provide information and advice to users as appropriate, we do not guarantee the contents, including the usefulness and accuracy of information provision, and do not assume the responsibility.
We may display "authorized / verified / recommended" etc. for specific users, but this is just users who meets certain criteria specified by us. It does not mean that we guarantee reliability / appropriateness /identity / background of such users.
Regardless of whether there is willfulness or negligence in case of damage to users and to third parties due to contents of the service provision (including incorrect, unclear information, expressions, acts in provision), we shall not bear any responsibility for such damage and the user shall agree that the parties will resolve between them.
4. liability for Compliance with Applicable Law
In utilizing this service, the user is solely responsible for understanding and complying with all laws (Act on Specified Commercial Transactions, Secondhand Articles Dealer Act, Act against Unjustifiable Premiums and Misleading Representations, Copyright Law and any laws in each country) and regulations. In the case where the user is obliged to register / permit or obtain a license in advance, the user is solely responsible for understanding and complying with the rule. We will provide supporting information by FAQ etc. sequentially, but there is no obligation for us to provide information. When you have questions on what laws and regulations will be applied locally, please consult with the legal experts of each country.
Article 2. Glossary
In this Terms of Service, the following terms shall have the following meanings, unless they are defined separately and where they should be interpreted differently in the context.
- "Terms" means these Terms of Service, list of prohibited items and other policies and user guides defined by us, all of which constitute these Terms.
- "User" means an individual who is registered as a person who uses this service and agrees to the terms of this agreement and uses this service as a lender or borrower.
- "Lender" refers to the user who lends luggage / goods.
- "Borrower" refers to the user who borrows luggage / goods.
- "Content" means all information that the user or we posted and sent to this service. It also includes listing, personal profile information, transaction information, etc.
- "Fee" refers to the rental price in individual contracts when luggage / goods are lent and borrowed in this service
- "Request" means the request sent from borrower to lender asking for approval for lending luggage / goods as an application for individual contract.
- "External service" means a service provided by a third party, including certain social networking services (Facebook etc.) and used to implement this service.
- "Individual contract" means a contract for lending and borrowing of goods / goods to be concluded between users on this service.
Article 3. Changes in user qualifications, usage principles and Terms of Service
1. Accepting these terms
This agreement is applied to all relationships related to the use of this service between the user and our company with the aim of establishing the conditions concerning the use of this service between the user and our company.Users must agree to these Terms and use this Service in accordance with these Terms. Users are deemed to have agreed to these Terms by using this service.
2. Limitation to minors
- Age Limit
If you are under 18 years of age, you cannot use this service. By accessing or using our service you represent and warrant that you are 18 or older.
- Under-age use
Even if you are 18 years old or older, if the user is considered as minor in the law of user's native country, the user must use this service with the consent of a legal representative such as a custodian in advance, and by using our service, we deem the user has obtained consent. We are not responsible for any damage caused by minors using this service (including any damage caused by minors who breach the Terms and use this Service without the consent of the legal representative). In addition, we reserve the right to cancel the registration of the user.
3. Change of this agreement, improvement of operation
- Improvement of Operation
We can freely change the contents of this service. We have the right to monitor access or use of this service by users, edit and review all contents, but the user agrees that we do not have such obligation.
- Changes to These Terms
We may change this agreement as necessary and notify the user when there is a significant change (changes we have deemed not significant, nuance change, change in wording shall be applicable from time to time). After notification of the change, if the user uses this service or does not take the registration cancellation procedure within the period specified by us, the user shall be deemed to have accepted the change of this agreement. We are not responsible for any damage caused to the user by revision of this agreement.
4. Setting access requirements/conditions
The Service can set certain restrictions and requirements for access to certain areas and functions (example: restrict the geographic area where user registration is possible, restricting access of users who have not completed verification process is incomplete or who do not meet certain eligibility criteria or rating in evaluation).
5. Disclaimer of verification process
With this Service, you can conduct identity verification by e-mail address, telephone number, ID card (including the use of a third party within the permitted scope). However, this does not mean that we guarantee the authenticity of the user identity or his background hence we will not be responsible or liable if any damage is caused to the users.
Article 4. User Registration
- User registration must be done by the user himself /herself. In addition, input information including user registration should provide accurate, up-to-date and complete information and must be remained up-to-date at all times.
- The users shall confirm his/her consent and acceptance of these terms at user registration. By agreeing to that and registering the user, a contract (hereinafter referred to as "user contract") concerning the use of this service will be established between the user and us, and the user will be able to use our service following the method defined by us.
2. User Registration Rule
- The user is prohibited to register or retain multiple account of our service.
- Registration of companies and other corporations is prohibited unless we permitted in certain cases. Even we do so, it is necessary for the user to abide by the regulations concerning corporate registration and the laws of each country.
- The user shall not be able to use this service as a business entity unless we permit it.
3. Rejection of Registration
If users or the people who apply to the registration of our Service fall under any of the following items, we may not approve application for user registration.
- People who does not meet the user qualifications in these terms
- People who provided incorrect, out-of-date, or false information
- People who have suspended from us due to violation of this agreement in the past
- People who performed an act that interferes with our company's operation / service provision or other user's use, or people who are judged by us that there is a possibility of it in the future
- The people who have engaged in any activity as gang/crime groups, and/or it has been less than 5 years since ceased to commit, members of gang or any other forms of organized crime group, those who belongs to companies involved in organized crime groups, terrorists. Or the person specified by the Government of Japan or foreign governments as subject to sanctions or any other equivalent (hereinafter collectively referred to as "anti-social forces"), or officer, employee, or the person who have relations with the antisocial forces.
- The person who we decide that he/she is providing/planning to provide the same or similar services as our service
- In any other cases when we deemed the user is inappropriate
A user and a person who intends to register a user does not fall under any of the antisocial forces and shall not apply in the future, and that do not commit any act such as, resorting to violent act or forcing legal liability that involve unreasonable request, threatening behavior with regard to transactions, by using spoofs or spreading rumors, or damaging our credibility by using power or interfering with our business etc, by themselves or by using a third party.
5. Changes to the registered information
The user is responsible for managing and correcting the registered information so that the user's accurate information is always registered in the platform. Even if there is a change in registered contents, transactions and various procedures performed before change registration may rely on information before change.
We are not responsible for any damage caused by the user making user registration or changing the contents of registration or we do not approve user registration.
7. Managing your account
The user is responsible for managing the e-mail address and password etc. (hereinafter referred to as "account information") entered by you. The user cannot admit the use of the account information by a third party, etc., or can not dispose, sell, buy, sell, lend, or any other form.
8. Unauthorized use of account information
The user is liable for damages due to leakage of information due to inadequate management of account information, use by third parties, unauthorized access, error in use. In addition, if damage to our company occurs due to unauthorized use of account information, the user shall indemnify the damage.
9. Breach of account information
In the case that the account information is leaked to a third party or there is a possibility of it, the user shall promptly contact our company. In addition, the user shall obey our instruction in such event. The user shall be responsible for any activities made through the user's account.
Article 6. Lender’s rule
The user can use this service as a lender and borrower after the registration and completing the verification process and providing certain required information. When lending luggage / goods to a third party user as a lender, the lender shall agree and obey the following.
1. Listing Rules
- When listing items, the user provides complete and accurate information (such as description of item, location and reservation status), defects (such as damages on luggage/goods), restrictions (e.g. deposit rules) or information necessary for transactions (SNS disclosure, the number of past transactions etc.) and other relevant information required by this service.
- The lender is solely responsible for setting the fee in the listing (it can be provided free of charge). Once a borrower has sent a reservation request, the lender cannot raise fee that is higher than the amount stated in the reservation request.
- The lender acknowledges that the borrowers may be travellers and that it may be difficult for the borrowers of luggage / goods to clean and wash items borrowed from the lender. Therefore, in principle, cleaning of luggage / goods will be carried out at the responsibility of the lender. However, lenders can also request borrowers to clean and wash in certain cases when notified to the lender at the timing of request.
- The lender must make sure that all conditions described in the listing (especially those related to cancellation) are consistent with the cancellation policy (Article 9) of this agreement.
- The lender accurately reflects the quality and condition of the lender service that the user provides regarding the photos and information used for the listing. We reserve the right to require the listing to post images with a certain format, size and resolution.
- The location, ranking, recommendation/Featured Locarry of the listing displayed in the search are based on various factors (Locarry style, fee, customer support and cancellation history, review and evaluation etc.) and may acknowledge that it may differ depending on the case.
- A legally binding contract is established/applied with the borrower when the lender approves the reservation request and the lender must provide the service, which is as described in the listing to the borrower.
- The lender receives fee/deposit from the borrower by lender's local currency or by other payment methods agreed by both parties (e.g. P2P money transfer service) at meet up with the borrower when delivering luggage/goods.
- The lender acknowledges that setting deposit is strongly recommended. As for the deposit, please collect it from the borrower at the timing of meet up and refund it when the luggage / goods are returned.
- If the borrower does not return the luggage/goods in a perfect condition (dirty, stolen, damaged, lost, etc.), the lender can compensate it from deposits taken from the borrower. In case of trouble, the user agrees to act upon it between borrower/lender, or to report to local authority if necessary. Although we do not have the responsibility/obligation to mediate between users at the time of trouble, we have the authority of investigating the circumstances, providing instruction/judgment (including penalty such as account suspension), and the user shall obey our instruction or judge.
2. Limitation of Listing
Unless explicitly permitted by us, the following limits are set for our service.
- One user can have only one Locarry in the initial setting
- There is a limit on the number of items that can be listed in the initial setting in one Locarry
- In one Locarry, you can list and categorize items, but there is a limit on the number of categories that can be created in the initial setting.
We shall be able to change the range of functions of the lender including the conditions above.
Article 7. Borrower’s rule
After registration, the user can use this service as a lender and borrower after completing the authentication process and providing certain required information. The user shall agree and obey the following rules when borrowing luggage/goods as a borrower.
1. Requests and Reservation Rules
- he borrower shall follow each reservation process according to the requirements set by the service and the lender (e.g. deposit, location of meet up, meeting time) when he/she sends a request,. Through sending the request, the borrower agrees to the reservation details including the rental fee etc. We recommend discussing the date and time/place to meet up in advance, and to check the feasibility of meet up.
- A legally binding contract between the lender and the borrower shall be established/applied after the lender approved the request.
- Borrower will pay the fee with the agreed way of payment (e.g. by cash, P2P money transfer service) and deposit when borrower receive luggage from the lender by meeting up. the lender shall return the deposit when returning luggage/goods.
- The borrower agrees to return the luggage/goods by the return date or time agreed by both users. If the user does not return the item after agreed time without obtaining the consent of the lender, he/she will be obligated to return the items/goods as soon as possible in a reasonable manner according to the instructions of the lender.The borrower agrees to solve the problem among the users, such as getting items dirty, theft, damage, loss of luggage/goods and other troubles (including reporting to the local authority).
In addition, the borrower consents with the lender and agrees to compensate for the loss/damage from deposit.
- Basically, lender and borrower by themselves discuss and decide the amount of compensations in the case of troubles such as damage on luggage/goods. As for the delay of returning luggage from the borrower to the lender, the following rules will be applied unless there is another agreement between users. If the borrower does not return the luggage/goods by the agreed timeline, the lender reserves the right to charge the amount up to twice the daily fee of the luggage/goods per 24 hours after the return deadline. Users shall agree that the lender shall deduct expenses that the lender borne to receive the luggage/goods from received deposit.
- Although we do not have the responsibility/obligation to mediate between users at the time of trouble, we have the authority of investigating the circumstances, providing instruction/judgment (including penalty such as account suspension), and the user shall obey our instruction or judge.
2. Limits to the Usage as Borrower
- Unless explicitly permitted by us, there are the following limits on the service as borrowers.
- Users can register and categorize favorite Locarry in the "My catalog" page, however, there is a limit on the number of categories at the initial setting.
- We shall be able to change the scope of functionality as borrowers based on our judgment including the conditions above.
Article 8. Fee and Payment
1. Payment and Delivery Method Between Users
- The borrower pays the fee based on an individual contract with the lender when borrowing luggage/goods, (taxes should be included if applicable in each country. The users have responsibilities to recognize the tax in each country and also liable to collect/pay taxes). Luggage delivery and fee payment will be carried out at meet up.
- The borrower will pay the fee to the lender and deposit(if any) when handing over luggage/goods. At this time, please check with the lender if items are as same as ordered items including conditions of items, and pay the fee/deposit by the local currency or the ways agreed by both parties (e.g. by cash, P2P money transfer service permitted in the country of transaction). Please pay the fee after confirming the conditions of items.
2. Our Service Fee
- The user shall pay the fee for our paid service by deadline and by payment method determined by us after the user register to it.
Article 9. Changes and cancelation of booking
The user shall comply with the cancellation policy when changing or canceling a reservation for an individual contract.
Article 10. Evaluation and review
After each transaction, borrowers and lenders shall evaluate the transaction in a form of public review (hereinafter referred to as "review") and evaluation (Hereinafter referred to as "Evaluation").
Evaluation and review shall be accurate and shall not contain aggressive or defamatory expressions.
The user shall not manipulate the evaluation and review in any way, such as instructing the evaluation rating other users.
Evaluation and review will be made public to the Locarry page and public profile and will be posted in other areas of the service with the last cancellation number within 3 months and other relevant information.
Article 11. Round up/down
The price of items in this service is calculated by the lender's local currency. The borrower can confirm the fee set by the lender by converting it into another currency, but in this service, the amount is rounded off to the nearest to the basic unit of the currency at the discretion of our company. (e.g. 89.80 USD is rounded up to 90.00 USD, and 89.10 USD is truncated to 89.00 USD etc.)
Article 12. Tax
As a lender, the user is solely responsible for determining whether consumption tax and other taxes is necessary to report, collect, pay, or include in the user's loan fee.
Article 13. Prohibited actions
1. Prohibited Actions
Prohibit actions (hereinafter referred to as "prohibited actions") described blow is prohibited for users to act in the service.
- Violate or obviate the applicable laws and regulations, contracts with third parties, internal rules of groups to which the user belongs or such, or commit criminal acts and disgrace public order and morals
- Listing, borrowing, prohibited items listed in paragraph 2 of this Article
- Unless explicitly permitted by us, this service shall not be used for commercial purposes, religious activities, or for any other reasons that our company deems inappropriate, or to cause misunderstanding by others.
- Use this service to send spam.
- Contact other users for purposes other than inquiries regarding reservation, listing, or use of other service outside Locarry (including invitation to third party services, applications or websites)
- Acts of sending obscene information, acts of sending harmful information to adolescents, information related to sexual relationships
- Conduct discrimination or harassment, or conduct violent, harmful and abusive act based on race, country of origin, religion, gender, sexual orientation, physical or mental disorder, health condition, marital status, age.
- To damage our corporate image and branding, including using Locarry or derived terms as domain names, trade names, trade marks.
- Collect and use data or content for purposes other than using this service.
- Use other automated means or processing methods including using robots, crawlers, spiders in using this service
- Acts of sending information including computer viruses and other harmful computer programs
- Decrypt, decompile, disassemble or reverse engineer the software used to provide this service.
- To impair the performance or adequate function of this service, or to conduct actions that may adversely affect it or its potential. Act to tamper with information on this service
- Other acts that may interfere with the operation of this service or acts that we deem inappropriate
2. Prohibited items
The user shall not list prohibited items defined by us. Please note that our company may modify the list of prohibited items as necessary without prior notice, so the user is obligated to always check the latest contents when using this service.
3. Our Operation improvement/Supervision Work
The user acknowledges that we are not obligated to monitor access or use of this service by the user and to edit or review all contents.
In order to improve the operation of this service, we can request the user to provide support and information as appropriate for the following purposes.
- In order for us to operate, protect and improve this service (including the purpose of preventing fraud, risk assessment, survey and customer support)
- In order to comply with applicable laws or order by courts, law enforcement agencies or other administrative orders or requirements
- To confirm and ensure compliance by the user with this agreement (including to deal with harmful or undesirable content)
The user shall immediately report to the authorities and report it to us if the user confirm inappropriate behavior (e.g. sexually offensive, aggressive or nuisance) by other users. Even if the user reports the above to us, the user agrees that we will not be obliged to take any measures beyond the legal requirements.
Article 14. Suspension of our service
1. Suspension of Our Service
We can suspend all or part of the use of this service without notifying the user in advance if we cannot/becomes difficult to provide the service that falls under any of the following.
- Periodical or urgent inspection or maintenance work of the machine / system related to this service is required
- Machine, communication line, etc. are disturbed due to accident
- Fire, power failure, etc.
- Natural disasters such as earthquakes, eruptions, floods, and tsunamis
- Trouble, interruption or suspension of service provision, suspension of cooperation with this service, specification change, etc. to external service
- Equipment failure necessary to provide this service
- Laws or measures based on them
- War, disturbance, riots, mayhems, labor disputes and other force majeure
- In addition, if we judge that suspension or interruption is necessary
2. Termination of Our Service
Our company can terminate the provision of this service without prior notice to the user due to our convenience.
We will not bear any responsibility for damage caused to the user based on the measures taken by us under this article.
Article 15. Contract period
The user contract shall become effective on the day on which the registration under the Article 4 is completed on the user and shall remain effective until the earliest of the date on which the registration of the user was canceled or the service is terminated.
Article 16. Transition to other service
1. Transition to other service
Our service may be connected to external service. The user agrees in advance and shall use this service and the external service in compliance with these Terms and Terms of Service of the external service.
2. Terms of Service of external service provider
We do not guarantee anything about external service hence we shall not be responsible for any damage caused by the use of external service by users and third parties.
Article 17. Deleting account
1. Suspension or termination by Locarry
If the user falls under any of the events listed in the following paragraph, we can act as specified below without notice or warning in advance.
- Temporarily suspend the use of this service, or delete account of the user
- Reject, delete, or postpone the posting of Locarry, such listings, ratings, reviews, and other content.
- Cancel or eliminate sent or approved requests (individual contracts) by lender
- Temporarily or permanently disable special status, including preferred member status in this service
When we cancel the approved request, we can decide whether to apply the penalty and its target (lender, borrower, or both) based on cancellation rule of Article 9 at our own discretion.
2. Actions subject to the cancellation of user registration
- When the user violates any provision of these terms
- When the user provided inaccurate, fraudulent, out-of-date, or incomplete information in the Service
- When the user has used or used this service for any purpose or manner that could cause damage to our company, other users, external services or other third parties
- In case of interfering with the operation of this service, regardless of means
- In the case of death or when receiving a judgment on the commencement of guardianship, the commencement of custody or the start of probation
- When the user conducts any prohibited acts that fall under Article 13
- If there is no use of this service for more than half a year and there is no response to contact from us
- When the party or our company has contacted the user using the communication means in this service after the establishment of the individual contract but cannot be contacted for more than 5 continuous days after the first attempt
- In the case that the user has repeatedly received a low evaluation rate or review, if we judge that the user's usage of this service is inappropriate (including acts to cancel individual contract many times etc), or When we receive complaints about users
- When the Company determines that the lender service provided by the user does not meet the quality or eligibility criteria required by the service
- When the user cancels a reservation without legitimate reasons or responds to a reservation request
- When the Company determines that the number of troubles with other users or third parties has exceeded a certain level regardless of intention or negligence
- In the case that the user is found that he / she has not obtained necessary approvals, he / she is incompliant to the law applicable by each country, he / she has made a false declaration, or that permission has been canceled
- When the user has cooperated or is cooperating / involved in maintaining, operating or managing anti-social forces. The company or third party recognize that the user is engaged with anti-social.
- When the user cannot use the service or receive necessary support from the external service provider due to the violation of the terms of external service or any other reasons.
- When we decide that continuation of registration as a user is not appropriate
We will not bear any responsibility for damage caused to the user by the action our company conducted based on what is stipulated under this section. In addition, if the use contract is canceled, the user does not have the right to recover his account or any content. If the user's access to or use of the Service is restricted or suspended, the user may not attempt to access or use the Service by registering a new account or through another user's account
Article 18. Storage of data
Even if we have stored messages and other information sent and received by users for a certain period of operation, we do not have the obligation to save such information. We may delete these information at any time. In addition, we will not take any responsibility for damage caused to users based on measures taken by us under this section.
Article 19. Disclaimers
1. Users' responsibility
The user shall use the service on own responsibility. Our company and this service are not accompanied by any kind of responsibility or guarantee, either explicitly or implicitly.
The user shall agree to investigate the applicable laws and regulations and take responsibility to comply with them independently.
Even when we conduct identity checks or background check as far as the applicable laws permit, we shall not guarantee that we identify any past illegal acts by the user, or that the user will not conduct illegal acts in the future.
When using the service as a borrower or a lender, the user recognizes that the following risks exist, and agree to bear all the risk and responsibility by the user.
- Risk of theft, loss, damage, contamination of items, delayed return
- Hygienic risks (diseases, etc.) as a result of using the items of others’, or because of other related reasons.
- Risk of injury, disability or occasionally risk of death arising from using other person's items or because of other related reasons.
- Troubleshooting risks for other users and lending/borrowing
In addition, even if the damage range extends to minors (e.g. use of infant products etc.), the user shall notify us of any liability and claims arising from the injury, death, loss or harm caused in the minor during service I agree to indemnify.
The transactions, communications, disputes, etc. that occurred with the external service shall be processed and resolved at the user's responsibility and we will not be held liable for any such matters.
The user shall investigate whether using this service violates laws applicable to users, internal rules of industry organizations, etc. based on their own responsibility and costs, We do not guarantee that the use of the service conforms to laws and regulations applicable to users.
We may suspend, stop, terminate, disable or change the provision of this service by our company, user's message, deletion or loss of information, cancellation of user registration, loss of data due to the use of this service, or any other responsibility for damages suffered by the user in connection with this service shall bear no responsibility for indemnity.
Where damage to users and third parties arises due to inaccuracies, inappropriate, obscure contents, expressions, acts, etc. in the provision of this service, regardless of whether there is willful or negligence, we shall not be responsible for anything.
We may provide information and advise as appropriate to users, but we do not assume any responsibility for them. We will not guarantee the accuracy or usefulness of the advice or information provision.
3. Machine failure or computer.
We do not guarantee about anything related to this service that does not contain harmful things such as computer viruses. We do not assume any responsibility to users and third parties regarding damage caused by any harmful resources in our system.
We do not assume any responsibility with regard to damage caused to the users or third parties by the equipment, communication lines, software etc used by users.
4. The network disruption
We are not responsible for any inaccuracies to this service, our computer, device failure or error, occurrence of a bug, and failure of computer, system, communication line related to this service.
5. URL/links to the External Service
We will not be responsible for any damage caused by the linked site due to the URL to other websites written by the user or our service.
6. The Use of External Service
In this service, we will use external services and APIs and the user shall agree to it. In addition, the user shall comply with the terms of these services and APIs at the user's responsibility and we will not take responsibility for any damages caused by users or third parties or in case of trouble. This service uses third party services and API including Google Maps/Earth mapping service (including Google Maps API). For users' use of Google Maps / Earth, Google Maps/Google Earth Additional Terms and Conditions apply.
In addition, although this service may be connected with external service, we do not guarantee the stable connection and we assume no responsibility even if we cannot be connected with external service. In addition, even if a dispute arises between the user and a business operator operating the external service, we will not be held liable for any such dispute.
The non-warranty and disclaimer of this section is applied to the maximum extent permitted by the applicable laws of this agreement.
Article 20. Intellectual Property and rights
1. Ownership of intellectual property
The rights relating to all materials constituting this service belong to third parties who have such rights under copyright law, trademark law, and other laws in our company or each country.<br>The user shall not acquire any rights with respect to all materials of this service and shall not acquire any right regarding the content material such as ownership rights, any intellectual property rights including copyright, portrait rights, etc. without the permission of the right holder. The user shall not commit any act that infringes (including commercial use, content use, reproduction, distribution, modification, creation of derivatives, licensing, selling, assigning, publishing or otherwise using).
2. Our use of contents
Regarding the contents, we or those designated by our company have rights to use the contents for the purpose of operation, promotion, research and development, presentation etc. of this service (disclosure, access, use, Worldwide, free of charge, irrevocable, permanent, nonexclusive, sublicensable and transferable for use by any means, including without limitation, preservation, reproduction, modification, creation of derivative works, distribution or otherwise).
3. Disclaimer and limitation of liability as to the content
The user shall take all responsibility for the content that the user created or posted in relation to the service, and owes the obligation to guarantee its contents, quality, accuracy, legality, freshness, etc. We shall not guarantee anything about the content, hence we do not owe no responsibility.
4. No warranty as to the content
Users need to judge the contents, quality, accuracy, legality, freshness, etc. of content that other users send or post on. We assume no responsibility for damages caused by users and third parties using our contents.
5. Data repository
We shall not be obliged to back up the contents. The user shall do so with his / her own expense and responsibility if it is necessary to back up the contents.
6. Modifying/Deleting content
We will be able to change and delete any content posted by the user without prior notice in case we decide that the user violated these terms or other inappropriate acts.
Article 21. Responsibility, Indemnity and Disputes
1. User’s responsibility and disclaimer of our company
In the event that the user violates this agreement, regardless of willful or negligent, the user assumes all responsibility including damages to the user and third party who was damaged by the violation. In the event that our company suffered damage due to the user performing a violation, the user who is a party shall jointly and indemnially repair the damage.
We shall not assume any responsibility, and shall not indemnify the Company for any damages suffered by the user related to this service, such as suspension, termination or change of the provision of this service by our company, cancellation of user registration, deletion or disappearance of data or contents, equipment failure etc.. Even if we assume liability for damages to the user regardless of the provision which exempts our liability for damages due to the application of the Consumer Contract Act etc., unless there is intentional or significant negligence in our company, our indemnity is up to the amount received as consideration for using the service from the user in the past 3 months (100 yen if there is no fee received in the past 3 months) as the upper limit.
Even if any provision of this agreement or part thereof is deemed invalid by the Consumer Contract Act or other laws or regulations, the remaining part of the provision that was judged invalid in part will continue and shall modify the invalid provision or part thereof to the extent necessary for validity.
Article 22. User’s responsibility
1. Preparing environment for use
The computer, smartphone and other devices, software, communication lines and other communication environments required for using this service shall be prepared, maintained, installed and operated at user's expense and responsibility. We do not guarantee that this service will be compatible with all kinds of equipment. We are not obligated to support users, regardless of preparation, installation, operation of equipment.
2. Connecting network
The user understands that there might be cases where our service goes through various networks. The user shall understand that data, signals, etc. are changed depending on the connected network, equipment. We shall not be responsible for any such change.
3. Submission of user content
Input, requests, approval, withdrawal and other procedures to the service which the user conducts via the internet line shall be valid as soon as data concerning the procedure is transmitted to our server and reflected on our system.
4. Resolving Issues
With regard to the issues related to this service between users or between users and third parties, the user shall resolve it with their own expenses and responsibilities, we will not bear any responsibility. In case of dispute, the parties will resolve and if we suffer the damage due to the trouble, the parties will jointly indemnify the said damage.
5. Dispute with third party
In the event of dispute such as trial or complaint related to this service between the user and a third party, the user shall resolve at his / her own responsibility and cost, we will not be involved at all. The user shall indemnify for all costs, damages, etc. including the attorneys' fees incurred by our company to respond to the dispute jointly.
6. Cost regarding dispute
In the event of a dispute or issue between the user and our company, we agree that the user will jointly bear all costs including attorneys' fees incurred in connection with the dispute at our company.
Article 23. Confidentiality
1. Confidential information
The term "confidential information" as used in these terms shall mean all information relating to our technology, operation, finance and other matters, which the user has been provided or disclosed by us in writing, verbal or recording medium etc. However, the following shall be excluded from confidential information.
- When it is provided or disclosed by our company or acquired, it is already publicly known or has already been known or what has been confirmed in writing that the confidentiality is not required.
- What has become publicly known due to grounds that are not attributable to own responsibility after being provided, disclosed, or acquired from us,
- When obtained legally from a third party who has the authority to provide or disclose without being held with confidentiality obligation,
- When developed independently without relying on confidential information
The user shall use confidential information only for the purpose of using this service and shall not provide, disclose or leak our confidential information to third parties without our written consent.
3. Exemptions to the obligation
Notwithstanding Paragraph 2, the user may disclose Confidential Information based on law, court or government agency order or request. However, if there is such command or request, the user shall notify our company as soon as possible.
4. Copying confidential information
In the case of copying a document containing confidential information or a magnetic recording medium etc., the user shall obtain the written consent of our company in advance and the copy shall strictly manage according to paragraph 2.
5. Return/discard of confidential information
Whenever requested by us, the user must return or discard confidential information in accordance with our instructions without delay or in writing or other written material or any other recycled material contained or included therein
Article 24. General provisions
We will notify and contact our users about this service by posting in the website or application of this service, or any other method we deem appropriate. When judging that it is necessary to notify and contact the user, we may notify and communicate to the user by using in-site message function, e-mail, postal mail or telephone etc.
We are not responsible for any damage caused by not receiving or delaying our notice and contact.
In the event that the user needs to contact or make inquiries to our company, the user shall use the inquiry form of this service and other methods specified by our company and the user cannot inquire out office. We assume our right to verify the identity of the user according to the method specified by us when such contact or inquiry is made. The method of answering the inquiries shall be based on the method that we deem appropriate and shall not be decided by the user.
2. No Transfer of Rights
The user may not assign, transfer, lend the contractual status based on these Terms or the rights or obligations under this Agreement to any third party without prior consent of our company in writing
3. Transfer of business
In cases that we transfer the company/business/this service to a third party (business transfer, carve out or any case where this service is transferred), we can transfer the contractual status, rights and obligations under this contract, user registration information and other information and contents to the transferee of said business, and the user shall agree in advance on such transfer.
4. Surviving provisions
Paragraph 1, 3 and 4 in Article 1, Paragraph 2,3,5 in Article 3, Paragraph6, 9, 5, 8 (only if there is any outstanding) in Article4, Paragraph 3 in Article 14, Paragraphs 3 and 4 in Article 13, Paragraph 3 in Article 17, and the provisions of Articles 18 through 24 shall apply to the use contract and shall survive effectively even after termination of the use of service.
5. Other matters not stipulated in
If any doubts arise in any matter not stipulated in this Agreement or interpretation of these Terms, the User shall comply with the provisions of our company. If this does not solve the problem, the users and the company will consult in good faith and resolve as soon as possible.
Where the Company has provided Users with a translation of the Japanese language version of the Term (hereinafter referred to as "Japanese Version"), the Japanese Version will govern the relationship between Users and the Company. In the event of a contradiction between the Japanese Version and a translation, the provisions in the Japanese Version shall take precedence over any other translation.
7. Governing Law and Jurisdiction
This agreement shall be governed by and to be construed in accordance with Japanese laws and for the dispute between the user and our company, the Tokyo Simplified Court or the Tokyo District Court shall be the exclusive jurisdiction court of the first instance according to the contents.