Terms of Use
Article 1 (Objective)
1. These Terms of Use (hereinafter, “Terms”) apply to users (hereinafter, “User”) of the SAKURA COLLECTION 2020 Project (hereinafter, “Service”) operated by the SAKURA COLLECTION Organizing Committee (hereinafter, “Committee’). The User agrees to the Terms and uses the Service.
2. The Terms stipulate conditions for using the Service. The User complies with all Terms and with all conditions stipulated in the Terms and may use the Service, depending on conditions such as age and usage environment.
3. The User agreeing to these Terms constitutes formation of a contract with the Committee (as defined in Article 2).
Article 2 (Definitions)
Terminology used in these Terms has the meaning stipulated in the following respective matters.
(1) Terms: Refers to the Terms constituting the contractual conditions concluded between the Committee and the User and the terms of use for the Service.
(2) Product: Refers to the Product purchased by the User using the Service.
(3) User information: Refers to information such as the User’s password, etc.
Article 3 (Changes to the Terms)
1. The Committee can at any time amend the Terms in accordance with Article 548-4 of the Civil Code in the event of any of the respective matters below applying. The Terms applied in the event of an amendment to the Terms shall be the amended Terms.
(1) When amending the Terms shall be for the general benefit of the User
(2) When amending the Terms does not infringe on the purpose of the agreement, when the amendment is necessary and the amendment appropriateness and details are rational and take into account the situation related to the amendment
2. The Committee, in the event of amending the Terms, shall stipulate the timing of the effectiveness of the amendment to the Terms and shall notify the User of the details of the amendment to the Terms and the timing of the effectiveness of the amendment no later than two weeks before the date of effect, and shall make known to the User through disclosure via the Service or in some other method prescribed by the Committee.
3. Irrespective of the matters in 2. above, the User shall be regarded as having accepted the amendment to the Terms in the event of the User using the Service following notification of the amendment to the Terms stipulated in the preceding paragraph, or in the event of the User failing to take cancellation procedures within a period prescribed by the Committee.
Article 4 (Details of the Service)
The User can purchase the Product from the Committee by using the Service.
Article 5 (Purchasing the Product)
1. In the event of the User seeking to purchase the Product, they shall comply with the method stipulated by the Committee and formation of a purchase agreement for the Product shall be made upon notification from the Committee of confirmation of an order.
2. Limits to the numbers of the Product that can be purchased may apply, depending on the contents of the Product. Orders exceeding the limit may result in the order being cancelled.
3. In the event of obstruction to the importation of the Product, or for any other reason beyond its control, the Committee shall be able to cancel orders irrespective of the formation of a purchase agreement as outlined in 1.
Article 6 (Payment)
1. The User shall pay the price for the Product in compliance with the method the Committee has stipulated following formation of the aforementioned purchase agreement. The User shall bear the cost of handling charges associated with the payment.
2. The Committee shall deliver the Product following confirmation of the payment by the User. In the event of the Committee completing delivery procedures for the Product only to be required by the User to redeliver the Product as a result of the User refusing to receive it, long-term absence or any other reason related to the User that results in the Product being returned to the Committee, note that the Committee shall levy a handling charge stipulated separately.
Article 7 (Transfer of Title and Risk of Loss)
1. Title of the Product shall transfer from the Committee to the User upon completion of delivery of the Product.
2. Harm caused by loss, damage, etc., of the Product for reasons that cannot be attributed to either the Committee or the User shall be borne by the Committee in the event of occurring before completion of delivery of the Product, and shall be borne by the User in the event of occurring following completion of delivery of the Product.
Article 8 (Returning the Product)
1. Due to the feature of being custom-made, in principle returns of the Product, or correspondence regarding returns of the Product are not entered into. However, in the event of a defect in the Product, such as a tear, etc., it shall be repaired at no cost, and in the event that the Product is deemed to be irreparable, shall be replaced at no charge with an item of identical design and material as the Product for a maximum of one time only. (The User shall bear all costs involved in postage.) In the event of identical materials not being in stock, an alternative material shall be prepared in response. (The User shall bear all costs involved in postage.) In the event of the Product size not fitting, it shall be corrected for a maximum of one time only, solely in the event of the size being different to the size ordered. (The User shall bear all costs involved in postage.)
2. No returns or exchanges of the Product at the User’s convenience shall be entered into following completion of an order.
Article 9 (Preparation and Maintenance of a User Environment)
1. The User shall, at their own expense and responsibility, set up User equipment in accordance with the conditions stipulated by the Committee and maintain an environment to use the Service.
2. The User shall, at their own responsibility and expense when using the Service, connect the User equipment to the internet through an electronic communications service provided by an electronic communications business, etc.
3. In the event of a problem in the User equipment, the internet connection service stipulated in the preceding paragraph or the environment to use the Service, the Committee shall not be obliged to provide the Service to the User.
Article 10 (Handling of Personal Information)
1. The Committee shall handle personal information appropriately, in accordance with the privacy policy (hereinafter, “Privacy Policy”) separately stipulated by the Committee.
2. The Committee shall not use data, including personal information, entered into the Service for any reason other than to provide the Service, and based on the Law for the Protection of Personal Information and the Privacy Policy shall take reasonable safety measures to protect personal information risks such as loss, destruction, falsification, leaks, etc., and strictly manage personal information.
3. The Committee shall not copy any personal information except that information needed to provide the Service, and the Committee shall act responsibly and promptly destroy any personal information that is copied.
Article 11 (Prohibited Matters)
1. The Committee prohibits the following conduct stipulated in each item below when the User is using the Service.
(1) Conduct violating the Terms
(2) Conduct that infringes or may infringe on assets or human rights such as intellectual property rights, patent rights, utility model rights, design rights, trademarks, copyrights, portrayal rights, etc., belonging to the Committee, licensors from which the Committee is licensed, or any third party
(3) Conduct that causes or may cause a disadvantage to the Committee or a third party
(4) Conduct that unreasonably damages or threatens to damage the reputation, rights or credibility of others
(5) Conduct that violates, laws, regulations, ordinances, etc.
(6) Conduct that is or may be offensive to public order and morals, or conduct that provides information to other users or third parties that may be offensive to public order and morals
(7) Conduct that is or may be criminal or conduct that leads or may lead to criminal conduct
(8) Conduct that provides or may provide information contrary to facts
(9) Conduct that provides or may provide unauthorized access to the Committee’s systems, tampers with program code related to the systems, falsifies location data with intent, cheats using communication device specifications or other applications, spreads a computer virus, or any other conduct that interferes or may interfere with the normal operation of the Service
(10) Conduct using functions, tools, etc. to operate macros or other means to automate operations
(11) Conduct that causes or may cause a loss of faith in the Service
(12) Conduct that harms or may harm the physical or mental well-being of minors, and conduct that that adversely affects or may adversely affect the wholesome upbringing of minors
(13) Conduct that enables acting as a third party to use the Service by using an account belonging to another User or through some other means
(14) Conduct that leads to or may lead to crimes such as fraud, abuse of regulated substances, illegal buying and selling of deposits and savings accounts and mobile phones, etc.
(15) Conduct that is related to criminal proceeds or conduct related to financing terrorism, or conduct that raises suspicion of such acts
(16) Any other conduct that the Committee deems to be inappropriate
2. Judgment of any conduct in regard to the prohibited matters in the preceding paragraph shall be made at the discretion of the Committee and the Committee shall not be held responsible for explaining its judgment criteria.
3. In the event that the Committee determines that a User’s conduct equates to any of the matters in the aforementioned 1., the Committee shall take any or all of the following measures without prior notification.
(1) Limit the Service
(2) Withdraw membership through termination of this agreement
(3) Any other conduct that the Committee deems necessary
3. The Committee shall not be held responsible in any way for any loss or damage caused to the User as a result of measures taken under the preceding paragraph.
Article 12 (Liability for Damages)
In the event of the User causing damage or loss to the Committee by violating the Terms or in connection with the use of the Service, the User shall compensate the Committee for its loss (including lost income and legal fees).
Article 13 (Maintenance of Confidentiality)
1. The User or the Committee shall not disclose or leak any confidential information in relation to the use of the Service obtained from the other party to a third party. Confidential information refers to information disclosed to the other party upon installation of the Service of a technical, business or management nature, regardless of whether the confidentiality of the information is explicit or implicit and regardless of whether the information is in documentary, electronic data, verbal or any other form.
2. Information in the following matters is not regarded as confidential information.
(1) Information already possessed at the time of disclosure
(2) Information that was already public knowledge at the time of disclosure, or that later became public knowledge
(3) Information legally obtained by a third party after it has been disclosed
(4) Information developed or created independently regardless of whether it is disclosed confidential information
(5) Information disclosed by request based on stipulations by law or regulation, or by court order
3. The User and the Committee shall provide or improve confidential information related to the Service to officers and employees (employee refers to all involved in business operations, including those employed under contract, delegation contracts, business consignment contracts, etc.), joint researchers, business consignees, external advisors, etc. to be disclosed only to those obliged to maintain confidentiality, and not to be used for any purpose other than the purpose for disclosure.
4. The User and the Committee shall promptly return or dispose confidential information in compliance with the instructions of the other party in the event of the Service completing, the termination of this agreement or any other reason that results in the termination of this agreement. In the event of disposing the confidential information, disposal shall occur using a method that prevents the confidential information from being reused.
Article 14 (Intellectual Property Rights, etc.)
1. The User shall not use any Copyright Law-stipulated information or content (hereinafter collectively, “Committee Content”) provided by the Service regardless of the format or method for copies or use exceeding the bounds of personal use.
2. Copyrights, patent rights, utility model rights, trademark rights, design rights and all other intellectual property rights related to the Committee Content, and the right to register these rights (hereinafter collectively, "IP Rights") belongs to the Committee or the licensors licensing to the Committee, and not in any way to the User.
3. In the event of a problem arising as a result of the User violating the regulations in this Article, the User shall resolve the problem at their own cost and as their own responsibility, and shall take appropriate measures to ensure that it does not cause the Committee any disadvantage, burden or damage.
4. The User posting messages, etc. about the Service agrees to transfer at no charge any and all copyrights related to the post in whole or in part, regardless of whether the details are copyright or not (including rights stipulated under Articles 27 and 28 of the Copyright Law). The User also agrees to provide the Committee with unlimited rights to use for any purpose the details of the post the User made.
5. The User shall not exercise the moral rights of the author (including the right to publish, name or protection of identity) for content partially regarded as copyright against the Committee, a third party that has appropriately acquired the rights from the Committee or a third party that has inherited the rights.
Article 15 (Termination)
1. The Committee may terminate this agreement and withdraw the membership of the User without the need for notice, etc., in the event of any of the following matters applying to the User.
(1) In the event that registration information contains any falsified information
(2) In the event of membership having previously been withdrawn by the Committee in the past
(3) In the event of receiving notice from an heir, etc. that the User has died, or in the event of the Committee confirming the death of the User
(4) In the event of a minor using this Service without the consent of a legal guardian
(5) In the event of an adult in guardianship, person under conservatorship or person under limited guardianship using this Service without the consent of a guardian, conservator or limited guardian
(6) In the event of failing to respond in good faith to a request from the Committee
(7) Any other item the Committee deems to be inappropriate
2. For matters other than matters in the preceding paragraph, the Committee may terminate this agreement and expel the User with written notice provided 30 days in advance.
3. The Committee shall not be held responsible in any way for any loss or damage caused to the User as a result of measures taken under the aforementioned two matters.
4. A User expelled under measures in the aforementioned 1. or 2. loses benefits as of the time of withdrawal and shall immediately fulfill all obligations toward the Committee.
Article 16 (Amendments, Stoppages, etc. of the Service)
1. The Committee may amend or add in whole or in part to the contents of the Service without prior notification to the User. However, the Committee does not guarantee that it will maintain all functions and performances of the Service that existed before the amendment or addition after the amendment or addition has been carried out.
2. The Committee may stop or cut off the Service in whole or in part in the event of any of the following occurring. In such an event, the Committee shall endeavor to notify the User in advance.
(1) In the event of inspection or regular maintenance or an emergency in the computer system used for the Service
(2) In the event of computers, communication lines, etc., being stopped by an accident
(3) In the event that operation of the Service becomes impossible due to an act of force majeure, including fire, power outage, disease or natural disaster.
(4) In any other event that the Committee deems rationally that the Service should be stopped or cut off.
3. The Committee shall not be held responsible in any way for disadvantage, loss or damage to the User as a result of this Article.
Article 17 (Disclaimers)
1. The Committee makes no guarantee whatsoever in regard to the completeness, accuracy, validity, etc. of the Service or the contents of the Product.
2. The Committee makes no guarantee whatsoever in regard to the scheduled delivery date of the Product.
3. The Committee shall in no way be held responsible for any damages incurred in the event of not changing User registration information.
4. The User is requested to use the Service within the scope of laws and regulations. In the event of a User infringing laws or regulations in Japan or any other country while in the process of using the Service, the Committee shall in no way be held responsible.
5. The Committee makes no guarantee whatsoever in regard to the cutting off, stoppage or any other interference that arises in the Service. Moreover, the Committee may halt or amend the Service without prior notice to the User for maintenance or other reasons, and in such an event the Committee shall not bear any responsibility.
6. The User shall bear all costs and responsibilities for the devices, communication methods, transportation method, etc., needed in the environment to receive the Service provided. The User shall bear all communications costs necessary to use the Service.
7. In the event of User information being stolen due to conduct such as unforeseen unauthorized access, etc., the Committee shall bear no responsibility whatsoever for any loss or damage, etc. that resulted to the User.
8. The Committee shall bear no responsibility whatsoever in the event of this agreement not being fulfilled in whole or in part due to natural disaster, natural calamity, fire, strike, embargo, war, internal conflict, pandemic or any other act of force majeure.
9. The Committee shall bear no responsibility to the User in the event of any loss or damage to the User for any item not stipulated in the aforementioned item, unless the Committee has done so intentionally or through gross negligence. Moreover, in the event of the Committee paying compensation, the amount of compensation shall not exceed the total amount of money the User paid for the purchase in the year until the date of the loss or damage.
10. In the event of conflict between the User and the manufacturer of the Product or with another User in the event of using the Service, the Committee shall bear no responsibility whatsoever, and the conflict shall be resolved by the User with the costs borne by the User.
Article 18 (Exclusion of Anti-Social Forces)
1. The User and the Committee have no association with those currently a member of organized crime, an organized crime gang, an organized crime gang member within the past five years, an associate member of an organized crime gang, a company associated with an organized crime gang, a sokaiya corporate racketeer or suchlike, a group engaged in criminal acts while acting under the pretext of being a social activist or suchlike, or a crime group specializing in intellectual crimes or suchlike, or any entity equivalent to the aforementioned (hereinafter, “Boryokudan”), state that none of the following apply, and guarantee that they will not apply in the future.
(1) Have any relationship in which Boryokudan are recognized as controlling management
(2) Have any relationship in which Boryokudan are recognized as essentially managing
(3) Have any relationship in which Boryokudan are recognized as being used for the purpose of wrongful gain of benefit or to damage a third party for oneself, one’s company or a third party
(4) Have any relationship recognized as being involved in providing funding to or contributing to facilitating Boryokudan
(5) Have any officers or members of management that are involved in a relationship with Boryokudan that would be subjected to social criticism
2. The User and the Committee pledge not to engage in any of the following conduct, either individually or through a third party.
(1) Conduct involving violent demands
(2) Conduct involving unfair demands exceeding legal responsibilities
(3) Conduct involving intimidating words or actions or using violence in connection with business transactions
(4) Conduct that disseminates rumors, damages the credibility of the other part by using false counters or threats, or interferes with the other party’s operations.
(5) Any other conduct equivalent to the aforementioned matters
3. In the event that the User or the Committee is found to have falsely reported on Boryokudan or any of the matters in the aforementioned 1. or any of the conduct in the aforementioned 2. or the statement and guarantee based on the aforementioned matters in 1., regardless of whether the reason can be attributed, this agreement may be terminated without any notification to the other party.
4. The User and the Committee confirm and acknowledge that in the event of this agreement being terminated pursuant to the aforementioned paragraph, the other party shall not be liable to compensate for any damages.
Article 19 (Contact and Notifications)
Inquiries about the Service, other matters for which the User seeks to contact the Committee, notifications and notifications about amendments to these terms and other matters for which the Committee seeks to contact or notify the User shall be by email or by a means stipulated by the Committee. Notifications shall become effective from the time the Committee sends them.
Article 20 (Assignments, etc.)
The User or the Committee may not assign, transfer, use as collateral or dispose in any other way to a third party the rights or obligations under this agreement in whole or in part without the prior written consent of the other party. However, this shall not apply in the event of transferring shares, transferring a business, merging, a company split or organizational restructure.
Article 21 (Severability)
1. In the event of any provision of the Terms or any part thereof is determined to be invalid or unenforceable, that determination shall not affect the other parts, and the remainder of the Terms shall remain valid and with enforcement power. The Committee and the User agree to strive to ensure the equivalent effect in accordance with the intent of the invalid or unenforceable provision, and to be bound by the amended Terms.
2. In the event of any provision of the Terms or any part thereof is determined to be invalid or unenforceable for particular Users, it shall have no impact on the validity in relation to other Users.
Article 22 (Governing Law and Jurisdiction)
The governing law of the Terms shall be Japanese law, and the district court or summary court having jurisdiction over the location of the defendant shall be the exclusive jurisdiction court of the first instance for all disputes arising out of or related to this agreement.
Article 23 (Good Faith Resolution)
In the event of doubt about interpretation of the Terms or matters no stipulated in the Terms, the Committee and the User shall promptly resolve the matters upon consultation in accordance with the principle of good faith.
Supplementary Provisions
Enacted and executed: 24, 09, 2020
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附則
2020年9月24日 制定・施行