Terms of Service
Purpose
These Terms of Service (hereinafter referred to as “these Terms”) for the information media “Kogei Japonica” planned and operated by ARTerrace Inc. (hereinafter referred to as “the Company”) define the terms of use for the service provided under the name “Kogei Japonica” (including any services whose name or content has been changed for any reason, hereinafter referred to as “the Service”). Users of the Service (hereinafter referred to as “Users”) must comply with these Terms.
Agreement to the Terms
- Users must use the Service in accordance with the provisions of these Terms.
- If a User is a minor, they must obtain consent from a parent or legal guardian before using the Service.
- Users are deemed to have agreed to these Terms by actually using the Service.
Use of Personal Information
The Company will use Users’ personal information in accordance with the separately established Privacy Policy in providing the Service, and Users agree to this.
Copyright
- The copyright and other intellectual property rights (including personality rights such as portrait rights; the same applies hereinafter) related to the information provided by the Company through the Service (including not only text information but also images and videos) belong to the Company or third parties who have legitimate authority over such information.
- The copyright and other intellectual property rights related to the information published or provided to the Company by Users through the Service are reserved by the Users. Users grant the Company permission to use (meaning any use including reproduction, adaptation, modification, and sublicensing to third parties) such information within the scope of the Company’s business activities. Users agree not to exercise their moral rights regarding the Company’s use of intellectual property rights based on this paragraph.
Prohibited Actions
Users must not engage in the following actions when using the Service, and they guarantee that they will not engage in the following:
- Actions that infringe or may infringe upon the copyright, other intellectual property rights, or interests of the Company or third parties
- Actions that violate or may violate laws, public order, or morals
- Actions that cause or may cause disadvantage to the Company, other Users, or third parties
- Actions that interfere or may interfere with the operation of the Service
- Actions that damage or may damage the reputation of the Company or the Service
- Using the Service for purposes different from its intended use
- Transmitting information containing computer viruses or other harmful computer programs
- Transmitting obscene information or information harmful to minors
- Transmitting information related to dating between opposite sexes
- Providing benefits or other cooperation to anti-social forces (meaning organized crime groups, members of organized crime groups, right-wing organizations, anti-social forces, and other similar entities)
- Religious activities or solicitation for religious organizations
- Collecting, disclosing, or providing personal information, registration information, usage history information, etc., of third parties without the Company’s permission
- Assisting or encouraging any of the above actions
- Any other actions deemed inappropriate by the Company
If the Company determines that a User’s actions in the Service fall under or may fall under any of the above, the Company may suspend all or part of the User’s use of the Service without prior notice to the User. The Company shall not be liable for any damages incurred by Users due to measures taken by the Company based on such suspension.
Changes to the Service
The Company may change, interrupt, suspend, or terminate all or part of the Service at any time for any reason without prior notice to Users.
Information Storage
Even if the Company has stored posts and other information sent and received by Users for a certain period for operational purposes, the Company is not obligated to store such information, and the Company may delete this information at any time. The Company shall not be liable for any damages incurred by Users due to the deletion of such information.
Disclaimer
Users use the Service at their own judgment and responsibility, accepting the following, and the Company shall not be liable for any loss or damage incurred by Users:
- The Company shall not be liable for any damages incurred by Users related to the use or inability to use the Service, regardless of the reason.
- The Company does not guarantee the operation of the Service or its compatibility with Users’ devices.
- The Company does not guarantee the completeness, accuracy, legality, usefulness of the Service, or the accuracy, validity, legality, usefulness, or any other matters of information obtained through the use of the Service.
- The Company shall not be liable for any damages caused by slow display or malfunctions of the Service due to excessive access or other unexpected causes.
- Users shall process and resolve any transactions, communications, or disputes that occur between Users and other Users or third parties in connection with the Service or the Company’s website at their own responsibility, and the Company shall not be liable for any such matters.
- The Company shall not be liable for any damages caused by changes, interruptions, suspensions, or termination of the Service.
- Even if links are provided from the Company’s website to other websites or from other websites to the Company’s website, the Company shall not be liable for any reason for websites other than the Company’s website and information obtained from them.
- The Company shall not be liable for any damages suffered by Users in connection with the Service.
User’s Liability for Compensation
Users use the Service at their own judgment and responsibility, accepting the following, and the Company shall not be liable for any loss or damage incurred by Users:
- Users must compensate the Company for any damages caused to the Company by violating these Terms or in connection with the use of the Service.
- If a User receives a claim from or becomes involved in a dispute with other Users or third parties in connection with the Service, the User shall immediately notify the Company of the content, handle the claim or dispute at the User’s own expense and responsibility, and report the progress and results to the Company upon request.
- If the Company receives any claims from other Users or third parties for infringement of rights or other reasons in connection with a User’s use of the Service, the User must compensate the Company for any amounts the Company is forced to pay to such third parties based on the claim.
Relationship with Individual Terms of Use
- If there are documents distributed or posted by the Company under names such as “Terms of Use,” “Guidelines,” or “Policies” (hereinafter referred to as “Individual Terms of Use”) separate from these Terms regarding the Service, Users must use the Service in accordance with the Individual Terms of Use in addition to these Terms.
- If there are conflicting provisions between the Individual Terms of Use and these Terms, the content of the Individual Terms of Use shall take precedence and apply only to the conflicting parts.
Confidentiality
- In these Terms, “Confidential Information” means all information related to the Company’s technology, business, operations, finance, organization, and other matters that Users receive, are disclosed, or become aware of from the Company in writing, orally, or through recording media in connection with these Terms or the Service.
However, the following items shall be excluded from Confidential Information:-
- (1) Information that was already publicly known or already known at the time it was provided, disclosed, or learned from the Company
- (2) Information that became publicly known through publications or other means after being provided, disclosed, or learned from the Company, due to reasons not attributable to the User
- (3) Information lawfully obtained from a third party with the authority to provide or disclose it without being bound by confidentiality obligations
- (4) Information developed independently without relying on Confidential Information
- (5) Information confirmed in writing by the Company as not requiring confidentiality
-
- Users shall use Confidential Information only for the purpose of using the Service and shall not provide, disclose, or leak the Company’s Confidential Information to third parties without the Company’s written consent.
- Notwithstanding the above provisions, Users may disclose Confidential Information based on laws, court orders, or government agency orders, demands, or requests. However, if such an order, demand, or request is made, Users must promptly notify the Company.
- When reproducing documents or magnetic recording media containing Confidential Information, Users must obtain prior written consent from the Company and manage the reproductions as strictly as the above Confidential Information.
- Users must, at any time when requested by the Company, promptly return or dispose of Confidential Information and all documents or other recording media containing or including Confidential Information and all copies thereof in accordance with the Company’s instructions.
Changes to These Terms
The Company may change these Terms and Individual Terms of Use at any time without prior notice to Users when the Company deems it necessary. The changed Terms and Individual Terms of Use shall take effect from the time they are posted in an appropriate place on the website operated by the Company, and Users shall be deemed to have agreed to the changed Terms and applicable Individual Terms of Use by continuing to use the Service after the changes. As we cannot individually notify Users of the content of such changes, please refer to the latest Terms and applicable Individual Terms of Use from time to time when using the Service.
Transfer of These Terms
- Users may not transfer, move, establish security interests in, or otherwise dispose of their contractual status under these Terms or their rights or obligations under these Terms to third parties without the Company’s prior written consent.
- In the event that the Company transfers the business related to the Service to another company, the Company may transfer its contractual status under these Terms, rights and obligations under these Terms, and Users’ information and other information to the transferee of such business transfer, and Users are deemed to have consented to such transfer in advance in these Terms. Business transfers include not only ordinary business transfers but also company splits and all other cases where business is transferred.
Governing Law
The formation, validity, performance, and resolution of these Terms shall be governed by the laws of Japan.
Jurisdiction
The Tokyo District Court shall be the court of exclusive jurisdiction in the first instance for any disputes arising in relation to these Terms or the Service.
Established on August 15, 2024
ARTerrace Inc.