Article 1 (Definition)

Article 2 (Notices on Use)       3

Article 3 (Period and Termination)       8

Article 4 (Review of this Terms of Service)       8

Article 5 (Notification)       9

Article 6 (Severability)       9

Article 7 (General Provisions)       9

Article 8 (Suspension of the Service)       10

Article 9 (Prohibited Actions)       10

Article 10 (Execution of Payment and Transaction)       12

Article 11 (Purchase and Expiration Period of Contents)       15

Article 12 (Registration for the Service User)       16

Article 13 (Unsubscription)       18

Article 14 (Cancellation, Suspension and Deletion of Registration for the Service User)       18

Article 15 (Handling of personal information)       19

Terms for Sellers       19

Article 1 (Terms of Contract for Sellers)       20

Article 2 (Actions to the Sellers who Made Illegal Activities)       25

Article 3 (Service Provider's Rights Relating to the Contents Posted by the Sellers)       25

Article 4 (Obligations of the Sellers)       27

Article 5 (Attribution of Intellectual Property Right)       27

Article 6 (Posting the Contents)       28

Article 7 (Sales Charge)       28

Article 8 (Tax compliance)       28

(Privacy Policy)       28

 

Article 1 (Definition)

1. The "Service User" is a generic term for Sellers and Buyers.

2. A "Seller" refers to a person who agrees to the contents of this Terms of Service and uses the service to post and sell contents.

3. A "Buyer" refers to a person who agrees to this Terms of Service and uses the service to purchase contents.

4. The "Service Provider" refers to Ikedaya LLC, the operator of the service.

 

Article 2 (Notices on Use)

1. The Service Users shall agree to be legally bound by this Terms of Service by registering, accessing or using the service. If the said user does not agree to the Terms of Service, please do not register to or access the service, or use it in other ways.

2. If the Sellers agree to this Terms of Service and use the service as a representative of a company, organization, government or other entity, they shall express and guarantee that they have the right to act as such.

3. With regard to sales contracts, postings, and warranties, etc. among the Service Users, all responsibilities are borne by the Users and the Service Provider will not take any action.

4. The Service Provider does not buy or sell contents of their own by using the service, nor does it receive commissions for purchases or sales. The Service Provider will not be involved in any transaction such as cancellation or termination of the sales contracts, returning of goods, refund or warranty. In addition to the case set in this Terms of Service, the Service Provider may, at its own discretion, cancel the sales contracts.

5. This Terms of Service constitutes the full agreement (including Terms for Sellers and prices for the Sellers) between the Service Users and the Service Provider.

6. If under the applicable law, any provision of this Terms of Service is found to be invalid or not enforceable, then that provision is considered to be replaced by a valid and enforceable provision that most closely matches the intent of the original provision. The rest of this Terms of Service remains in force. Even if the Service Provider delays or does not exercise the right to use the service in some cases, the Service Provider is not considered to have abandoned the right under this Terms of Service and the Service Provider may decide to exercise such rights in the future. Even if the Service Provider abandons the right to use the service in a special case, it does not mean that the Service Provider will abandon the right generally or in the future.

7. When the purchaser is charged the cost specified at the time of payment, or when the seller's content is sold by using the service, the specified service charge on the service site will be incurred.

8. The Service Provider may change or terminate the service contents at the request of business or technological reasons. In addition, the Service Users shall accept changes of this Terms of Service, the service contents or the terms of use, and suspension or termination of the service without prior notice. If the service is terminated or suspended, the unpaid amount of money is refunded to the Seller who gave notice of his or her bank account within a separately specified period, after deducting the transfer fee. However, the Service Provider will not bear any responsibility after the specified period.

9. The Seller shall pay the Service Provider a monthly usage fee for the Service in advance.

10. The usage period unit of this service as a Seller is a one month period. Even if the start of the service falls in the middle of the month, the full amount for the corresponding month will be charged.

11. The seller's period of use of this service is automatically renewed in units of one month in the beginning. Unless a procedure for cancellation in written form or electronic method separately specified by this service provider is submitted one month prior to the expiration of the contract period, the service will automatically extend for another month.

12. It is possible to cancel the service during the service period, however, the fee will not be refunded.

13. Regardless of whether the service is actually used, the required usage fee during this service period as a seller must be paid.

14. The seller is responsible for providing the Service Provider with identification information required for payment when registering for the Service.

15. The Service Provider shall not be liable for any injuries or accidents caused by using the content posted on the Service Provider.

16. The Service Provider does not guarantee the contents, quality or level of the service, stability in the offerings of the service, or the result of usage of the service. The Service Provider does not guarantee the accuracy, etc. of any answers to questions regarding the offer of the service.

17. The Service Users shall use the service under the operating environment recommended by the Service Provider, and the Service Provider will not bear any responsibility if using the service with deviations resulted in the service being unavailable or other damages.

18. Although the Service Provider will do its best for the security of the system, the Service Users shall accept beforehand that there is a possibility of damage to user data, etc. due to an attack or a system failure. The Service Provider will not provide any compensation.

19. The Seller shall accept that it is not possible to completely eliminate the possibility that a third party may download the contents illegally via technical or other means. The Service Provider will not provide any compensation in such a case.

20. In addition to the cases specified in this Terms of Service, if the Service Users suffers any damage, the Service Provider does not bear any responsibility.

21. The Service Provider owns the service, which includes the website, the existing or future applications and services, the logo, API or codes of the service, and the contents created by the employees of the service. The Service Users cannot make changes or use them without permission.

22. All rights, privileges, and interests in the service are the exclusive property of the Service Provider and its licensors and will remain the same in the future. This includes the website, the existing or future applications, API of the service, database, and the contents transmitted or offered through the service by the employees or partners of the service (except the contents offered by the Sellers or the Buyers).

23. This service is protected not only by the Copyright Act, the Trademark Act and other acts in Japan, but also by such acts in other countries. No right to use the name, trademark, logo, domain name, and other proprietary branding features of the service is granted to the Service Users under any circumstances. The service and all feedback, comments or suggestions regarding the service offered by the Service Users are fully spontaneous, and the service can use such feedback, comments or suggestions to the appropriate extent without any obligation to the Service Users.

24. The Service Provider will offer the service “as is”. The Service Users will use the service at their own risk.

25. The Service Users must provide their own equipment and access to the Internet.

26. The service disclaims all implied warranties of the contents, conformance to particular purposes, and all other warranties, except for the cases explicitly prescribed in this Terms of Service and the cases permitted by the applicable law. In particular, the service does not make any representations or warranties.

27. Anyone can use the service to create and publish contents. The service also allows the Sellers and the Buyers to interact with each other for the purpose of guidance and use. As with other platforms where you can post the contents and interact with the others, the service may have some issues. Therefore, the Service Users shall bear the responsibility for their own uses.

28. Anyone can use the service to create and share contents from anywhere. The Service Provider does not review the contents from a legal point of view, edit the contents, or is in a position to judge its legitimacy.

29. The service does not provide any editorial control over the contents published on the service, and therefore does not guarantee the reliability, validity, accuracy, or credibility of such contents in any form. Please refer to the information provided by the Seller at the Users' own risk when purchasing the contents.

30. The Service Users may encounter some contents that are offensive, vulgar, or disgusting by using the service. The service is not responsible for protecting the Service Users from such contents to the extent permitted by the applicable law, nor is it responsible for any access or purchase of the contents made by the Service Users. This condition applies to any content related to health, wellness and exercise as well. The Service Users shall be aware of the inherent risks of intense exercise in such contents, and purchasing such contents may result in the risk of illness, injury, disability or even death and involve those risks voluntarily. The Service Users will be solely responsible for the choices made before, during, and after the purchase of the contents.

31. The Service Provider does not provide any control over how the Buyer and the Seller use the information obtained from other Users of the service. The Service Users should not share e-mail addresses or other personal information to ensure their security.

32. The Service does not hire or intend to hire the Sellers and is not responsible for or obligated to any interaction between the Sellers and the Buyers. The service is not responsible for any kind of dispute, claim, loss, injury or damage arising out of or in connection with the behavior of the Seller or the Buyer, regardless of the type.

33. When using the service, some links to other websites not owned or controlled by the service may be shown. The service is not responsible for the contents or other aspects of such third party websites, including the collection of users’ information by such third parties.

34. The Service Users should also read the Terms for Sellers and the Privacy Policy.

35. The Service Users can use the service only for legitimate purposes. The Service Users are responsible for all contents posted on the service. The Service Users must comply with the legal requirements for reviews, questions, postings and other contents to be uploaded, as well as respecting the intellectual property rights of others. In the case of repeated violations or a single serious violation, the service prohibits the accounts of the Service Users. When you believe that someone else infringes your copyright on the service, please contact the Service Provider. The Service Provider can (but is not obliged to) monitor the accounts, contents and activities of the Service Users, regardless of the User's privacy settings, and may take all appropriate measures to exercise its rights, such as deleting specific videos, and suspending or deleting accounts.

36. The Service Users cannot access or use the service or create an account for any illegal purpose. In order to use or operate on the service, it is necessary to comply with the applicable local or national regulations in the country where the Service Users are located. It is the sole responsibility of the Service Users to know and comply with such applicable laws and regulations. If the user is located in an area where the business of a U.S. company is prohibited (such as Cuba, Iran, North Korea, Sudan or Syria), or if the user is designated as a Specially Designated National, Denied Person or Denied Entity by the U.S. government, it is unable to access the service.

37. The Service Users are prohibited to post or send contents that do not belong to them. The Service Users must comply with the applicable laws and respect other's rights. It is prohibited to post contents, questions, answers, reviews or other contents that violate the applicable local or national laws and regulations in the country where the Service Users are located. The Service Users are solely responsible for any content posted on the service, any activity and result related to such contents. Before submitting the contents to publish them on the service, it is necessary to understand all of the copyright restrictions set forth in the Terms for Sellers.

38. If the service gets notified that the contents of the Service Users violate the law or others’ rights (if it is proved that they violate the intellectual property or the image right of others, if they are related to illegal activities, etc.), if the contents or behaviors of the Service Users are found to be in violation of this Terms of Service, or if the contents or behaviors of the Service Users are judged by the service as illegal, inappropriate, or disgusting (if the Service Users pretended to be other people, etc.), the service may delete the contents of the Service Users. The service complies with the Copyright Act. See Article 5 (Intellectual Property) of the Terms for Sellers of the service for the details.

39. The Service Provider has the discretion to enforce this Terms of Service. If there is a violation of this Terms of Service, if the Service Users do not pay the fee by the due date, if there is no activity of the Service Users for a long time at the request of the law enforcement agency or the governmental agency, if an unexpected technical problem arises, or if the Service Provider suspects that the Service Users are involved in fraudulent or illegal activities, then the Service Provider can at any time cancel or suspend the Users' rights to use the service or prohibit the Users' accounts with or without notice. In the event of such cancellation, the Service Provider may delete the accounts and contents of the Service Users, and take measures to prevent the Service Users from accessing the service to use it thereafter. Even after the accounts of the Service Users are cancelled or suspended, the contents of the Service Users may remain available on the service. If the accounts of the Service Users are cancelled, if the contents of the Service Users are deleted, or if the Service Users are blocked from accessing the service, the Service Users shall agree that the service is not responsible for the Service Users and other third parties.

40. If any Seller of the service publishes contents that infringe the copyrights or trademark rights of the Service Users, please contact the Service Provider. Under the Terms for Sellers, the service requires the Sellers to comply with the local laws and respect the intellectual property rights of others.

41. The Sellers shall post the contents in compliance with the method and the format specified by the Service Provider, and shall be obligated to make their contents visible for a prescribed period of time when the sales contract is concluded.

42. The contents posted by the Sellers shall be deleted from the service site if the trading is not completed within the period and conditions specified by the Service Provider.

43. The Service Provider can, at its own discretion, suspend the sales, cancel, restrict the age of purchase, or delete from the service site, relating to the contents listed in Article 9 (Prohibited Actions). In this case, the Service Provider is not obligated to notify the Service Users beforehand of its actions. Although the Service Provider has the right to take action in this paragraph, it is not obligated to take such action for the Service Users.

44. The Sellers accept beforehand the Service Provider's response based on the preceding paragraph, and the Buyers accept beforehand that the purchased contents will become unviewable by the actions of the preceding paragraph, and that they agree not to charge the Service Provider even if the damage is caused thereby.

 

Article 3 (Period and Termination)

1. This Terms of Service comes into effect when the Service Users use the service of the Service Provider for the first time and lasts as long as the Service Users use the service or have accounts with the Service Provider, whichever is longer. The Service Users can terminate it at any time by deleting their account.

2. If the Service Users violate this Terms of Service, the Service Provider can, by its own discretion, exercise the following:

(a) Immediately cancel this Terms of Service regardless of prior written notice.

(b) Suspend, delete or restrict accesses to the accounts or the included contents of the Service Users.

(c) Hold the amount to be paid to the Service Users (the amount confiscated by the Service Users) to the extent permitted by the applicable law.

If the service deletes the Service Users' accounts due to a violation, the Service Users cannot register again.

 

Article 4 (Review of this Terms of Service)       

1. The Service Provider may at any time update the Terms of Service to clarify the policy of the service or to reflect new and different methods (when adding new features etc.). The Service Provider reserves the right, at its sole discretion, to modify or revise this Terms of Service at any time. The revised contents will be effective on the day of posting unless otherwise stated.

2. If continuing usage of the service after the revision comes into effect, the Service Users are considered to have consented to the revision. The revised Terms of Service supersede all previous Terms of Service.

 

Article 5 (Notification)

Notices or communications from the Service Provider with regard to the service shall be made by sending –mails to the e-mail addresses registered by the Service Users, by posting on the service site, or by any other measures that the Service Provider judges appropriate.

 

Article 6 (Severability)

Even when any provision of this Terms of Service is judged as invalid under the Consumer Contract Act or other laws and regulations, the other provisions of this Terms of Service shall remain effective and the invalidated provisions shall be interpreted within the scope considered to be equivalently effective in view of the purpose and effect of the provisions.

 

Article 7 (General Provisions)

1. Governing law: This Terms of Service is governed by the Japanese Law (for particulars subject to federal jurisdiction, such as copyright), regardless of the principles of the conflict of laws.

2. Jurisdiction: The Tokyo District Court of Japan is the agreed exclusive jurisdiction court of the first trial for all lawsuits relating to this Terms of Service or the use of the service by the Service Users.

3. Reservation of rights, severability, force majeure: The Service Provider reserves all rights not explicitly granted herewith. The rights and remedies of the Service Provider are cumulative. A failure or a delay due to any exercise of the right by the service does not abandon any subsequent exercise of that right. If the jurisdiction court finds any provision of this Terms of Service to be invalid or unenforceable, the provision is limited or cut off. The Service Provider is not responsible for any delay or failure caused by an event of force majeure.

4. Relationship: The Service Users and the Service Provider are independent contractors. Neither party is an agent, a partner or a joint venture of the other. This Terms of Service binds the parties and their successors, personal representatives and assignees. This Terms of Service cannot be transferred to anyone whose account is terminated by the Service Provider or whose registration is prohibited. Such assignments will be void.

5. Third-party: The Service Provider may provide links to or integration with websites operated by others. The administrator of the website is entirely responsible for the contents instead of the Service Provider, and the users of each such website by the Service Users are subject to its terms of use. The Service Provider can, at any time, disable the integrations with third parties without notice. Except in the case explicitly stated in this Terms of Service, any provision of this Terms of Service does not grant any right to third parties.

 

Article 8 (Suspension of the Service)

1. The Service Provider can temporarily suspend the entire, or a part of the service without prior notice to the Service Users in the case of any of the following items. Even when the service is suspended under this Article, the viewing period of the contents already purchased by the Service Users will not be extended. In addition, the Service Provider shall not be responsible even if damage occurs to the Service Users.

(1) When the service cannot be offered due to a failure of the server, the communication circuit or other facilities, a failure, or any other reasons.

(2) When performing maintenance, inspections, repairs or changes of the system regularly or in an emergency.

(3) When the service cannot be offered due to a fire, blackout, etc.

(4) When the service cannot be offered due to acts of God, such as an earthquake, volcanic eruption, flood, tsunami, etc.

(5) When the service cannot be offered due to war, riot, disturbance, labor dispute or other events of force majeure.

(6) When the service cannot be offered due to the law or measures based on it.

(7) When the Service Provider judged that it is necessary to temporarily suspend the service due to other causes.

 

Article 9 (Prohibited Actions)

The Service Users are prohibited from exercising the following actions upon using the service.

(1) To falsely register as a user of the service.

(2) To use the service with the qualifications of other Service Users.

(3) To transfer the registered ID, provide it as collateral, lend it to or borrow it from a third party.

(4) To use the service without the operating environment recommended by the Service Provider.

(5) Any act that infringes the rights of the Service Provider or a third party including copyright and other intellectual property rights.

(6) Any act that violates or can possibly violate the law.

(7) Any act that violates this Terms of Service, guidelines displayed on the service site, and other precautions.

(8) To analyze the system, software, protocols, etc. relating to the service or the service site by reverse engineering, disassembling, etc., and any act that tampers, modifies duplicates or secondarily uses them.

(9) To access the service site without authorization, or to give a negative impact on the server or the network.

(10) To post the following contents on the site and sell or purchase them on the service.

①Contents that violate the rights of a third party including copyright and other intellectual property rights

②Contents that do not receive permission to use the rights of the subject, or that violate the privacy or honor of others.

③Contents of which the video contents are different from its description.

④Contents that contain a computer virus or an illegal program for the purpose of extracting other's information.

⑤Contents where the subject is undressed or displays a photo of a person in a swimsuit under 18 years old.

⑥Contents that adversely affects the mind and body of minors, other than the previous subject.

⑦Contents that violate the laws and regulations, or that encourage violations of the laws and regulations.

⑧Contents that are offensive or antisocial.

⑨Contents relating to various know-hows that demonstrate excessive results and effects even though there is no sufficient source.

⑩Contents that are significantly deviated from the broadcast standards of the Japan Commercial Broadcasters Association.

⑪Contents that promote contents, services, etc. for the purpose of own or third party's sales.

⑫Contents that the Service Provider judged as applicable, other than the preceding subjects.

(11) Any act of the Buyer that duplicates the contents by downloading or other measures or that infringes the copyright or other intellectual property rights of the poster relating to the posted contents beyond the scope permitted by this Terms of Service (including the act that uses the purchased contents for commercial purposes).

(12) If the Service Users demand violently, demand unfairly beyond legal responsibility, use threatening language or violence against the Service Provider or other Service Users, or if they damage the credibility of the Service Provider and obstruct its business by distributing harmful rumors and using fraudulent means or power by themselves or with using a third party.

(13) Any act that the Service Provider judges as inappropriate, other than the preceding paragraph.

The Service Users must not exercise the following actions when accessing and using the Service Provider.

(14) To access, tamper or use the private area of the service, the computer system of the service, or the technical delivery system of the Service Provider.

(15) To attempt to disable, obstruct or circumvent any platform functionality relating to security, or to search, scan or test any vulnerability of the system of the service.

(16) To attempt to discover the source code of the service or the contents on the service by duplicating, modifying, creating their derivatives, reverse engineering, disassembling or other measures.

(17) To access or search the service, or attempt to access or search the service by any means (automated or otherwise) other than the currently available search functionalities provided through the website of the service, mobile application, or API (and in accordance with the terms of use of these APIs). The Service Users must not access the service by scraping, using spiders or robots, or any other measures of automation.

(18) To transmit tampered, fraudulent or false information on source identification in any way by using the service (such as sending an e-mail with disguising to be the service).

(19) To interrupt or suspend (or attempt to do so) accesses from the Service Users, the host, or the network, including but not limited to, sending viruses to the service, overloading it, going on flood attacks, spamming or e-mail bombing, interrupting or overburdening the service by any other means.

 

 

Article 10 (Execution of Payment and Transaction)

1. The sales contracts shall be concluded between the Service Users when the buyer completes the purchase procedure for the particular contents posted for sale. The Service Users cannot assign or offer as collateral to a third party or dispose of the rights and obligations generated under the sales contracts.

2. The execution of the sales contracts concluded under the preceding paragraph shall be as described in the following subjects.

(1) If a payment or a settlement is required for the service, it shall be made through the online system of the service, and the details shall be in accordance with this Terms of Service. In addition, receipts etc. will not be issued for the payment made by the Service Users relating to the use of the service. The burdens on the Service Users for the transfer fee and other expenses necessary for the payment, the minimum transfer amount and the contents, method, etc. shall be as prescribed on the service site.

(2) The Sellers shall authorize the Service Provider to receive the payment to be made by the Buyers (including the amount equivalent to the content fee paid by the settlement company or the receiving agent) on behalf of the Sellers. If the Service Provider designates a settlement company and a receiving agent, the Sellers shall authorize the settlement company and the receiving agent to receive the content fee on behalf of the Sellers. In addition, the Sellers agree to transfer the accounts receivables to the Service Provider if it is required by the member contract relating to the settlement service that the Service Provider enters into with the settlement company or the receiving agent.

(3) Based on the previous subject, if the amount in which the sales charge to be received by the Service Provider, the bank transfer fee and the maintenance fee of the settlement company's account is deducted from the sales amount received by the Service Provider (including a settlement company or a receiving agent, the same hereafter) is exceeding 3,000 JPY at the time of 60 days has passed since the establishment of the first sales contract made by the Seller (if the liquidation is carried out according to this subject, the date of the establishment of the first sales contract after the liquidation), the Sellers can claim the liquidation of the amount to the Service Provider. In this case, the Service Provider transfers the amount in which the sales charge to be received by the Service Provider, the bank transfer fee (specified by the financial institution designated by the Service Provider) and the maintenance fee of the settlement company's account is deducted from the sales amount received by the Service Provider to the bank accounts specified by the Sellers. If three years have passed since the Sellers get the right to claim the liquidation of the amount based on this subject, the right is naturally abandoned without requiring special procedures such as prior contact from the Service Provider, and the Sellers cannot claim payment of the liquidation amount.

(4) If there is a reason based on Article 14 (Cancellation, Suspension or Deletion of Registrations as the Service Users) for the Service Users, the Service Provider can reserve the payment for the Service Users until the reason is confirmed. In this case, the Service Provider shall not incur any damage due to the delay in the payment.

3. If the Service Users avoid or delay the required payment in accordance with this Terms of Service, or if the use of the credit cards or bank accounts registered for the service are suspended, the Service Provider can suspend the use of the service or take any other measures without notifying the Service Users.

4. Even when the sales contracts are concluded, if the Buyers avoid or delay the total payment of sales amount and charge, such as when the credit card settlement is not made, or in other cases the Service Provider judges as necessary, the Service Provider can cancel the sales contracts. In this case, the Service Provider will stop the Buyers' viewing, but even if the Buyers view the contents before the cancellation of the sales contracts, the Service Provider is not obligated to pay the sales amount for the relevant period to the Sellers, and it shall be settled between the Buyers and the Sellers.

5. When there is any problem with the contents, the Sellers shall bear the responsibility and the cost for taking actions if the content descriptions are obviously different from the actual contents. The Service Provider offers a place for trades between the Sellers and the Buyers but does not guarantee the contents, quality, propriety or effect of the contents to be purchased or sold. In addition, the Service Provider may stop selling the contents and suspend the payment of sales amount to the Sellers, and at the same time, may cancel the registration of the Service Users if recognized that there is any problem. The Service Provider will not refund the content fee to the Buyers. When the views are temporarily suspended to judge whether they are inappropriate or not, the viewing period is not extended for the Buyers. If there is any problem relating to the contents among the Service Users, the problem shall be solved between the Service Users. However, the Service Provider may, at its own discretion, also enter into discussions, but the Service Provider has no such obligation for the Service Users.

6. The Sellers can cancel the exhibition of contents before the sales contract is concluded upon the use of the service. It is not acceptable to cancel an exhibition after a sales contract has been concluded.

7. The Service Provider shall not be responsible for any damage caused to the Service Users due to the fact that the information on the payment methods or financial institution entered in the service by the Service Users is used by a third party, the input information was incorrect, or whether or not the Service Provider took action based on this Article. In this case, if the Service Provider incurs reverse transactions or other damages, it shall be borne by the Service Users and the Service Provider shall naturally deduct the amount from the balance held by the Service Users.

8. The Service Provider may cancel the sales if notified by a credit card company about an unauthorized use in a credit card settlement, or if it judges that the settlement is by an unauthorized use with extremely high possibility.

9. The Buyers shall proceed to purchase the contents by the method designated by the Service Provider.

10. The Buyers shall, with the intention of purchase, proceed to purchase and must not take other purchase procedures without the intent of purchase.

11. The Buyers can view the purchased contents by streaming for a specified period of time according to this Terms of Service and the guidance of the Service Provider, but a license is not issued for the Buyers' copyright and other rights.

In addition, if viewing becomes impossible during the period due to the loss of data etc., it shall be resolved between the Sellers and the Buyers, and the Service Provider will not take any responsibility.

 

Article 11 (Purchase and Expiration Period of Contents)

1. The Buyers acquire a license to view the contents via this service by purchasing the contents, however, no license for any other usage is granted. The Buyers shall not transfer or resell the contents regardless of the method. The service grants the Buyers unlimited license, unless in the case that the service must invalidate the contents for legal or policy reasons.

2. When the Sellers publish the contents on the service in accordance with the Terms for Sellers, the Sellers shall grant the Service Provider a license to provide the licenses of the contents to the Buyers. That is, the Service Provider has the right to sublicense the purchased contents to the Buyers. When the Buyers purchase the contents, the Buyers obtain the license to view the contents via the service, regardless it is free of charge or not. In this case, the Service Provider will be recorded as the licensor. The contents are licensed to the Buyers, but not sold. This license does not grant the Service Provider the right to resell the contents regardless of the method (including sharing of account information with the Buyers, illegal download of the contents, or illegal sharing of the contents on a torrent site).

3. In legally more detailed terms, the Service Provider grants the Buyers the limited, non-exclusive and non-transferable license to access and view the fully purchased contents and their related contents via the service, only for personal, non-profitable or educational purposes, in accordance with this Terms of Service or the conditions or restrictions relating to the particular contents or functionality of the service. Any other use is explicitly prohibited. The Buyers cannot transfer or use any content by duplicating, reselling, sending, transferring, selling, broadcasting, lending, borrowing, sharing, leasing, modifying, altering, editing, creating derivatives, licensing or other methods, unless explicitly permitted in a writing with authorization by a valid representative of the Service Provider. This also applies to the contents accessible for the Buyers via the service API.

4. Generally, the Service Provider grants unlimited licenses to the Buyers who have purchased the contents. However, the Service Provider can access the contents at any time and cancel the license to use the contents, if judged that it is necessary to invalidate accesses to the contents for legal or policy reasons, or requested to invalidate them (if a copyright infringement is claimed against the purchased contents, if the Service Provider judged that the contents violate this Terms of Service, etc.). Even in this case, the Service Provider is not obligated to make a refund.

5. The Sellers cannot grant the license of the contents directly to the Buyers. Such direct licenses are invalid and violate this Terms of Service.

 

Article 12 (Registration for the Service User)

1. In order to use the service (including purchasing and publishing the contents), it is necessary to agree to this Terms of Service and register as a Service User. Upon setting and maintaining the account, it is necessary to continue providing accurate and complete information, including a valid e-mail address. If the Service User is a minor, it is necessary to use the service with the consent of a legal representative. The Service Users shall agree to electronically contract with the service by creating an account, viewing the contents, purchasing, downloading software of the service, or other methods to access or use the service. Please keep the password in a safe place, as all activities relating to the accounts are the responsibility of the Service Users. If the account of the Service User is suspected to be used by another person, please contact the Service Provider. The minimum age is set for the consent to use the online service in the country where the Service Users are residing, and only those who have reached the specified age can use the service. The Service Users shall be responsible for their accounts and all events that occur on those accounts, including any harm or damage (to the service or otherwise) caused by another person using the account of the Service User without the permission of the Service User. Therefore, the Service Users must handle their own password carefully. It is prohibited that the Service Users transfer their accounts to others or use others' accounts without permission. If the Service Users request the Service Provider to access the account, the Service Provider does not grant such access to the Service Users unless the Service Users provide login credentials for the account. If the Service Users pass away, the accounts of the Service Users will be closed.

2. If the Service Users provide another person with the login credentials to their accounts, the Service Users are responsible for all events that occur on their accounts. In addition, the Service Provider will not interfere with any dispute between the Buyers and the Sellers relating to the sharing of account login information. If you find that another person may be using the accounts of the Service Users without permission of the Service Users (or if any other breach of security is suspected), please contact the Service Provider immediately. The Service Provider may require some extent of information from the Service Users at that time in order to confirm that the Service Users are the actual owners of the accounts.

3. Only those who are older than 18 years of age can create an account as a Buyer or a Seller in the service and use the service. It is prohibited for those who have not reached the prescribed age to create an account. However, such a person is recommended to ask parents for support to open an account and purchase the contents appropriate for the Service Users. If it is found that a young person who has not reached the required age for the consent to use the online service has created an account, the Service Provider shall cancel the account. The Service Provider may require confirming the identity of the Service Users in accordance with the Terms for Sellers of the service before permitting the publishing of the contents on the service.

4. The Service Users can cancel their accounts at any time. Please check the Privacy Policy of the service regarding the handling of data after the account cancellation.

5. The Service Provider may update this agreement by posting a modification on the Service Provider's website. The Service Users agree to any amended term by continuing to use the service.

6. The Service Provider may not approve the registrations of the Service Users if it receives an application from a person who applies to any of the following.

(1) Contents of the registration are false.

(2) Already registered as the Service User.

(3) Received a suspension of use or other penalties by the Service Provider in the past.

(4) Contents of the registration contain incorrect or false information.

(5) Has not reached 18 years of age

(6) Members of organized crime groups, those who have not passed five years since leaving an organized crime group, associated members of organized crime groups, those who belong to companies associated with organized crime groups, corporate bouncers, social movement groups, organized crime syndicates, terrorists, those who designated by the Japanese government or a foreign government as a subject of economic sanctions, or any other person equivalent to these.

(7) Does not agree with this Terms of Service

(8) Service Provider judges as inappropriate for other reasons.

7. The registrations as the Service Users shall complete at the time the confirmation e-mail from the Service Provider reaches the registered addresses of the Service Users after the application. The registration is completed for the Seller at the point the transaction of the payment of the monthly service fee is completed.

8. The Service Users' ID issued by the Service Provider can be used only by the registered Users. It is prohibited to lend, sell or transfer to a third party.

9. Management of the ID and password is the responsibility of the Service Users. The activities performed using the ID are considered as performed by the Service Users of the ID, and the Service Users will bear all responsibilities for the events caused. In addition, the Service Users will bear all responsibilities for damage to the Service Provider and third parties resulting from inadequate management of the ID and password by the Service Users. The Service Provider will not bear any responsibility for these events.

10. The Service Users are obligated to immediately notify when there is a change of their registered name, contact information, etc. If the notification is delayed, the Service Provider can behave as if there were no changes and will not be responsible if it is different from the fact.

11. The name of the Sellers' payment accounts must be identical to the registrants' name.

 

Article 13 (Unsubscription)

1. The Buyers can unsubscribe at any time by sending via the contact form. The right to view the contents purchased by the Buyers is lost at that time.

2. The Sellers can unsubscribe at any time by sending a request via the contact form. However, if there are Buyers under contract, the contents must be offered until the termination, and then the unsubscription procedure can be completed. The Sellers' data will be discarded upon unsubscription. The Service Provider will settle the unpaid balance of the Sellers according to the method described in Article 10 upon unsubscription. However, if the balance is less than the bank transfer fee, the balance is extinguished and there is no remittance from the Service Provider to the Sellers.

3. In addition to the cases specified in this Terms of Service, the Sellers who violate the laws and regulations of Japan or the guidance of the competent authority, or who violate the contents prescribed in this Terms of Service will be forced to unsubscribe without prior notice, and the Sellers shall accept that they will lose all rights acquired with the Sellers' qualifications.

 

Article 14 (Cancellation, Suspension and Deletion of Registration for the Service User)

1. The Service Provider can cancel the registrations of the Service Users, suspend the use of the entire or a part of the service, or delete the registrations of the Service Users without prior notice if the Service Users fall under any of the following subjects. In this case, the Service Provider is not obligated to explain the reason for taking such actions to the Service Users, and shall not be responsible for any damage caused to the Service Users due to such actions.

(1) When the Service Provider judges that the Service Users do not comply with this Terms of Service after using the service.

(2) When the Service Users fall under the prohibited particulars of each paragraph of Article 9.

(3) When the Service Users fall debt, lack funds, the payment becomes suspended or falls under a state of insolvency.

(4) When it is found that there are illegal, inappropriate, or other problems relating to the account of the registered financial institution.

(5) When the Service Provider judges the Service User as inappropriate for other reasons.

 

Article 15 (Handling of personal information)

1. The Service Users shall agree to the Privacy Policy of the Service Provider and offer personal information to the Service Provider.

2. The Service Provider does not disclose or offer personal information to third parties except in the following cases.

(1) When there is the consent of the person themselves.

(2) When using statistical data and disclose, use or offer in a state unable to identify the Service Users as individuals.

(3) When it is requested to submit by the state, local public entities or the competent authorities, etc. and it is necessary to cooperate to them in exercising public affairs.

3. The Service Users shall agree to offer personal information for the following subjects notwithstanding the preceding paragraph.

(1) When it is necessary to collect the content fee.

(2) When the Service Provider judged as necessary to solve a problem between the Service Users or with a third party.

 

 

 

 

Terms for Sellers

 

Article 1 (Terms of Contract for Sellers)

1. In the case the Service Users are the Sellers, this Terms for Sellers will be applied. This Terms for Sellers is entered into between the Service Users and the Service Provider with binding force and is incorporated by reference into the Terms of Service.

2. Major definitions

(1) The "Basic price" refers to the content fee in the price list.

(2) The "Basic currency" refers to the currency used in the basic price.

(3) The "Basic exchange rate" is a system-wide rate used by the Service Provider to convert foreign currency, and does not include the charges or profit margin set by the service. This rate is set based on the information provided by a third-party organization and fixed periodically. Therefore, this basic exchange rate may differ from the valid exchange rate at the time when the foreign currency is converted.

(4) “Sales price” means the actual sales price of the content. If the currency of the sales differs from the base currency, the Service Provider will determine the sales price based on the applicable exchange rate at the time of the transaction.

 

(5) “Total amount” means the actual amount received by the Service Provider, excluding the transaction fee, when the Buyer purchases the Seller's content.

(6) “Sales profit” means the total amount minus the sales commission.

(7) The "Selling price" refers to the actual sold content fee. If the currency of the sales is different from the basic currency, the Service Provider determines the selling price based on the appropriate exchange rate at the time of settlement.

(8) “Monthly usage fee” means the amount paid by the Seller to use this service.

 

(9) The terms used but not defined in this Terms for Sellers shall have the meanings defined in the Terms of Service.

3. Contents of the agreement

(1) The Sellers concludes the terms directly with Ikedaya LLC, which is a Japanese corporation.

(2) The information offered to the Sellers via the service (hereinafter referred to as "Buyer-related data") is all the information about the Buyers offered to the Sellers. The Buyers accept and agree that the Service Provider is exempted from any problem resulting from the uses of the Buyer-related data by the Sellers.

 

4. Obligations

(1) The Sellers demonstrate, guarantee and pledge the following.

(2) The sellers use this service by paying Monthly usage fee for the sellers.

(3) If the Sellers choose to charge for their contents, the Sellers access the service and fill in the registration application form for Sellers.

(4) The Sellers are responsible for all of their contents. In addition, The Buyers accept that they have or have acquired the license, right, consent and permission necessary to use the Sellers' contents through the service by duplicating, distributing, performing (including digital voice transmission and reception), general exhibitions, public announcements, advertising, marketing or other methods, in the manner specified in this Terms for Sellers.

(5) The contents must not infringe or abuse the intellectual property rights of a third party.

(6) The Sellers have the qualifications, accreditation and expertise (including but not limited to education, training, knowledge and technology) necessary to teach through the service or offer the service relating to the contents.

(7) The Sellers do not post or offer contents or information which is inappropriate, offensive, racist, malicious, sexually discreet, pornographic, false, misleading, inaccurate, infringing, slandering or defamatory.

(8) The Sellers do not send unagreed or unauthorized advertising, advertising material, spam mail, chain mail, solicitation for networking business or otherwise (whether it is profitable or not) through the service to any Service User by uploading, posting or other methods.

(9) The Sellers do not use the service for commercial purposes other than offering tutoring, lectures or educational services to the Buyers.

(10) The Sellers do not exercise any activity in which the Service Provider acquires a license from a third party or must pay royalties to a third party. Examples of these activities include, but are not limited to, royalty payments for performances of musical works and audio recordings.

(11) The Sellers do not duplicate, modify, distribute, perform reverse engineering, rewrite, degrade, damage, hack or disturb the contents of the service and/or the service and its tasks except the case when it is permitted by this Terms for Sellers.

(12) The Sellers do not build or embed the service in a manner that incorporates free coupon versions of the contents or other similar features intended to evade the service.

(13) The Sellers do not disguise as someone else or acquire access to others’ accounts without permission.

(14) The uses of the service by the Sellers shall be under the approval of the Service Provider and the Service Provider can judge whether to approve or not at its sole discretion.

(15) The Sellers do not introduce any virus, worm, spyware or other computer code, file or program that possibly harm or take over, or intend to harm or take over the operations of hardware, software or telecommunication equipment, or other things relating to the Service Provider and its tasks. In addition, the Sellers do not extract the data, collect the data via a spider, use robots or other automated means to access the service.

(16) The Sellers shall not infringe or interfere with the other Sellers offering their service or contents.

(17) The Sellers maintain accurate account information at any time.

(18) The Sellers shall respond immediately to the Buyers and offer quality service in line with the Seller's industry and general educational services.

(19) If the Sellers are over 18 years of age, or otherwise are between 13 and 17 years of age and their parents or legal guardians who are third parties agree with all terms and policies posted as needed on this Terms for Sellers and the service. The Sellers are also responsible for the performance and compliance of the Sellers.

(20) Payment processing services for sellers on the Service Provider are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a sellers on the Service Provider, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Service Provider enabling payment processing services through Stripe, you agree to provide the Service Provider accurate and complete information about you and your business, and you authorize the Service Provider to share it and transaction information related to your use of the payment processing services provided by Stripe.

(21) In using this service, this service provider prepares a application form for income tax convention based on bilateral agreement regarding the revenue of the seller (limited to those who are non-residents in Japan under the Income Tax Law) and submits it.

 

5. Licensing to the Service Provider

(1) The Sellers hereby grant the Service Provider the worldwide, non-exclusive and royalty-free rights and licenses to use the contents through the service by duplicating, distributing, performing, offering, marketing, or other methods, and sublicense to the Buyers directly or through a third party for these purposes. Please refer to the Privacy Policy of the service for the details of how the Service Provider uses the contents. Notwithstanding the preceding paragraph, the Sellers have the right to delete the entire or a part of their contents at any time from the service, in accordance with this Terms for Sellers, unless otherwise stated. In the case of a new Seller, the prescribed licenses and rights will be terminated after 60 days of deletion of the Sellers' contents. However, any right granted prior to such a period will continue to be valid in accordance with the terms of the grant to the Sellers.

(2) The Sellers hereby agree to be able to record the entire or a part of the contents (including communications by voice chat) for the purpose of quality control, distribution, marketing, advertising, demonstration and operation of the service. The Sellers, as long as permitted by the applicable law, allow the Service Provider to use the name, portrait, image or sound of the Service Users relating to the offering of the service or contents, delivery, marketing, advertising, demonstration and sales, and abandon associated privacy rights, publicity rights or other rights of similar properties.

6. Credibility and safety

(1) The Sellers also agree to comply with various policies for credibility and safety by agreeing to this Terms for Sellers. Please check the contents periodically as minor changes are made as needed to the list of policies and prohibited particulars. The Service Provider reserves the right to remove the contents and the Sellers at its sole discretion in accordance with the Terms of Service.

7. The sanctioned person who cannot trade with the Service Provider

The Sellers hereby guarantee that they are not restricted persons. In this Terms for Sellers, if the Seller is an executive, a director, or a controlling shareholder of an organization, and the organization in which the Seller uses the service as a representative falls under any of the following conditions, the Seller falls under "restricted person".

(1) Citizens of Cuba, Iran, Sudan, Syria, or other countries whose transactions have been banned for citizens in the U.S. by the appropriate decisions of the U.S. Department of the Treasury, or existing entities based on the laws of those countries.

(2) Organizations designated by the U.S. Department of the Treasury as “Specially Designated Nationals” or major concerns for money laundering.

(3) Those who are registered by the U.S. Department of Commerce in the "List of blocked persons for trades" or the "List of blocked organizations for trades".

(4) In the case of citizens in the U.S. engaged in activities relating to the nuclear, missile, scientific or biological weapons that are not allowed to contribute without the permission of the U.S. government.

(5) When owned or controlled by, or on behalf of a restricted person.

If the Sellers become restricted persons during the period of this Terms for Sellers, the Sellers shall notify the Service Provider within 24 hours and the Service Provider shall have the right to immediately terminate all subsequent obligations to the Service Users without any responsibility for the Sellers or without affecting the Sellers' unpaid debt to the Service Provider.

The Sellers agree to prohibit using the service to exercise or facilitate transactions with restricted persons, unless explicitly approved in writing by the Japanese government beforehand. The Sellers must not move, export or permit exporting and re-exporting the service or its direct products (including technical data) in violation of any restrictions, laws or regulations of Japan or other applicable countries.

8. Price setting

(1) The Sellers are responsible for selecting the basic price to be charged to the Buyers for the contents based on the price list. The Sellers agree to charge only for their contents. The Sellers must not charge separately for add-ons to the contents, such as downloadable PDF files and other contents or services (such as when provided a link to a service offered by a third party to sell downloadable PDF files). The Sellers will contact the Buyers for billings and other issues relating to the charge. If the currency of the sales is different from the basic currency, the service uses the updated price list to determine the sales price. The Service Provider reserves the right to change the price list at any time.

(2) As part of the Service Provider's participation in the program, the Sellers authorize the Service Provider to share with the employees of the service and specified partners the contents themselves of the Sellers and information on the Sellers and the contents. The Sellers receive no reward for this sharing.

9. Payment

(1) The Sellers will receive the payment of the amount after deducting the corresponding amount, such as refund to the Buyers from the received net amount for the contents. When changing the payment rate for the Sellers, the service notifies the Service Users by e-mail more than 30 days prior, or in a noticeable manner through the service.

(2) In order for the service to make the payment procedures promptly, the Service Users must open a Stripe account beforehand and notify the Service Provider of the correct e-mail address specified in the Stripe account as needed. The payment will be made within 60 days since the last day of the month when the content fee is received. The Service Users are responsible for providing the service with any credential and tax information required for the payment.

(3) The Sellers are responsible for checking whether or not they are eligible to receive payments from Japanese companies.

10. Tax

(1) The Sellers understand and agree that they are responsible for all taxes imposed on their income. The Service Provider reserves the right to withhold payments if an appropriate tax return is not submitted.

11. Deletion of account

If the Sellers wish to delete their accounts, the Sellers can delete the account following the procedures in the Sellers page. The Service Provider will make commercially reasonable efforts to pay the balance of the expected payment to the Sellers before deleting the Sellers' accounts. If the Buyers had previously registered for the contents, the Sellers accept that the Buyers can continue to access the name of the Service Users and the contents even after the Sellers' accounts have been deleted. Please contact the Service Provider if you need support regarding deletion of the Sellers' accounts or there is any problem.

12. Revision of this Terms for Sellers

The Service Provider may revise this Terms for Sellers as needed to clarify its practices or reflect new or different practices (such as when the service adds new functionality). The Service Provider reserves the right to revise or change this Terms for Sellers at any time. In the case of a significant change, the Service Provider notifies the Sellers in an easy-to-understand manner, such as sending a notification to the e-mail addresses registered in the Sellers' accounts or posting a notification on the services page. Revisions other than significant changes will come into effect on the posted date, unless otherwise stated. If the Sellers continue to use the Service after the effective date of the change, then their accesses or uses are considered as they accept the changes of this Terms for Sellers, and agree to comply with and to be bound by them. The revised Terms for Sellers will supersede all of the previous Terms for Sellers.

 

Article 2 (Actions to the Sellers who Made Illegal Activities)

1. With respect to the Sellers who have revealed that they are in violation of the laws, ordinances or regulations, despite having consented to this Terms for Sellers, the Service Provider will take all necessary actions to stabilize public order in addition to the actions based on the Terms of Service.

2. The Sellers shall understand that their uses are on the premise of complying with the Japanese law or this Terms for Sellers, and in the event of any damages to their own, a third party or the Service Provider, resulting from their own actions in violation of the Japanese law or this Terms for Sellers, the Sellers shall completely solve it with their own responsibility, and have obligation to compensate any damage to the Service Provider.

3. The Service Provider can audit postings of the Service Users visually or by other means, in order to confirm that the Seller is exercising prohibited actions by this Terms for Sellers or other illegal activities upon using of the service, and for the purpose of improving the commerciality and usefulness of the service.

 

Article 3 (Service Provider's Rights Relating to the Contents Posted by the Sellers)

The following are permitted for the Service Provider by posting the contents.

・Stream the Service Provider to end-Users of the service.

・Embed contents in third-party websites

・Deliver contents through API of the service.

・Generate still images (thumbnails) from the contents of the Service Users.

・When enabled privacy settings of the contents or when disabled embedding, the video deliveries are restricted depending on your selection. By allowing third parties to access the contents of the Service Users, the Service Users authorize them to stream (and/or embed as needed) the contents of the Service Users. The contents of the Service Users include their titles, descriptions, tags and other metadata for the purposes of this section 6.1.

・The license period starts when the Service Users send the contents to the service and ends when the Service Users or the service delete them. However, the service can maintain archive copies. (a) for a limited period of time to restore. (b) when the video is subject to notification of deletion or other legal claims. (c) when it is believed that the service is legally obligated in good faith.

The Service Users continue to have ownership of the contents posted on the service, including their own contents. The service shall be permitted to share the contents of the Service Users, regardless of the media and the person using it, including advertising promotions on other websites.

The contents the Service Users posted as the Buyers or the Sellers belong to the Sellers. By posting any contents, the Service Users will allow the Service Provider to reuse and share them, however, the Service Users will not lose their ownership of the Sellers' contents.

The Sellers must understand the license terms of the contents prescribed in details in this Terms for Sellers.

When posting comments, questions or reviews, or when offering ideas or suggestions on new functions or improvements to the service, the Service Users shall permit the service to use the contents, share the contents with anyone else, deliver and promote the contents regardless of the platform or media, and modify or edit the contents to the extent that it seems appropriate. In legal terms, by sending or posting the contents on or through the service, the Service Users shall, with a valid worldwide, non-exclusive and royalty-free condition (with the right to sublicense), grant the Service Provider the right to use, copy, duplicate, process, alter, modify, publish, send, display and deliver with all media or delivery means (currently existing or later developed) the contents of the Service Users. This includes allowing other companies, organizations or individuals who are partners of the Service Provider to use the content of the Service Users for the purpose of syndication, broadcasting, distribution or publication of the contents on other media. The Sellers represent and guarantee that they have all rights, ability and authority to permit the Service Provider to use any contents sent by the Sellers. The Sellers shall also agree that the Sellers will receive no reward for all such cases where the contents of the Service Users are used.

 

Article 4 (Obligations of the Sellers)

1. The Sellers shall, if necessary, always submit the qualifications and notifications required by the law before starting the sales, and exercise sales activities in compliance with all laws and regulations. The Sellers shall exercise the submission of the qualifications and notifications required for sales by the laws and related regulations, and the Service Provider shall have no obligation.

2. The Service Provider can request confirmation of the preceding paragraph and in this case, the Sellers shall promptly submit, at the request of the Service Provider, a document certifying qualifications, notifications, etc. When received these requests from the Service Provider, if the proof cannot be confirmed or an answer cannot be obtained, the Sellers accept beforehand that they are forced to unsubscribe.

3. The Service Provider can request the Service Users to submit their credentials as needed, and the use of the service will be suspended until the identification is completed. The credentials are limited to those issued by public agencies or equivalent organizations such as driver's license, health insurance cards, etc. If these documents are not submitted or the Sellers have no intention to submit, the transfer of all sales amount shall be frozen, the contents currently on sale shall be suspended for sale, and the Sellers shall accept that they will lose all rights acquired during the using period of the service, along with the qualifications as the Service Users.

 

Article 5 (Attribution of Intellectual Property Right)

1. All rights relating to all the materials constitute the service belong to the Service Provider or those who possess such rights. The Service Users do not acquire intellectual property right, nor grant any rights beyond the permission for viewing from the Sellers to the Buyers upon using the service. The Service Users must not infringe any intellectual property right or any other rights including ownership and copyright, without the permission of the owners.

2. The Sellers shall guarantee that the contents do not infringe the copyright or other rights of a third party, and shall bear all responsibilities for the contents upon posting the contents. The Service Provider will not take any responsibilities for the legitimacy, accuracy, reliability, usefulness, etc. of the contents.

3. The Sellers shall provide the Service Provider with a license for any patent, trademark, confidential information, copyright or other property rights relating to the contents upon using the service in accordance with this Terms for Sellers, and the Service Provider can use these to offer the service.

 

Article 6 (Posting the Contents)

1. The Sellers shall post the contents in compliance with the method and the format specified by the Service Provider and the sellers are obligated to make the contents visible for a prescribed period of time when the sales contracts are concluded.

2. The contents posted by the Sellers shall be deleted from the service site if the sales contract is not concluded within the period and conditions specified by the Service Provider.

3. The Service Provider can, at its own discretion, suspend the sales, stop, restrict the age of purchase or delete from the service site, relating to the contents listed in Article 9 (Prohibited Actions). In this case, the Service Provider will not be obligated to notify the Service Users of such actions beforehand. Although the Service Provider has the right to take action in this paragraph, it does not have any obligation to take such action against the Service Users.

4. The Sellers consent beforehand to the actions of the Service Provider based on the preceding paragraph, and the Buyers consent beforehand that the purchased contents will become unviewable by the actions of the preceding paragraph, and that they agree not to charge the Service Provider even if the damage is caused thereby.

 

Article 7 (Sales Charge)

When sales contracts of the contents are concluded, the Sellers shall pay a charge (including tax) that is 30% of the Net amount to the Service Provider.

In addition, even if the payment is not made due to a defect of the Buyers relating to the settlement methods, such as a credit card, it does not affect the obligation of the Sellers to pay the sales charge to the Service Provider.

 

Article 8 (Tax compliance)

The responsibilities relating to the tax belong to the Sellers. The Sellers must comply with the local taxation laws. In addition, the Service Provider can deduct the amount due to the Sellers who judged as necessary for tax compliance.

 

 

(Privacy Policy)

 

The Service Provider handles personal information of the Service Users based on the following "Privacy Policy".

In order to use the video trading service offered by the Service Provider (hereinafter referred to as "the Service"), the Service Users must read well and agree to this Privacy Policy. It is prohibited to access or use the Service without agreeing.

■ Personal information

Personal information refers to information that can identify the individuals who use the Service and shall include the following.

Information that can identify a specific individual, such as name, date of birth, gender, occupation, etc., information used in connection with specific personal information, such as an address, phone number, account information (e-mail address, password, etc.), credit card information, nickname, etc., and attribute information about an individual, such as hobbies combined with personal information, family structure, age, etc.

Information registered on Facebook of the Service Users, such as name can be obtained when the Service Users consent to use Facebook Connect and enter their Facebook ID and password, nickname, e-mail address, Facebook ID, birthday, gender, profile image, friends information on Facebook, etc.

■ Use information

Use information refers to the following information relating to the use of the Service.

・Information on details of use, history and status, such as the contents of the Service that the Service Users used, the date and time of use, the number of times used, the behavior of the Service Users upon using the Service, etc.

・Information on customers' locations

・Information on posts, photos, videos, comments, ratings, etc. that the Service Users posted on or sent to the Service

・Information on the payment status of the Service Users in the Service

■ Collection of obtained information

・The Service Provider may collect personal information and use information (hereinafter referred to as the “obtained information”) of the Service Users in the following manner.

・The obtained information will be entered by the Service Users themselves on the Service and collected.

・The obtained information will be collected via e-mail, postal mail, writing, etc. provided by the Service Users to the Service Provider.

・We may collect the history etc. when the Service Users use the Service.

・Such information includes the URL the Service Users use, the type and IP address of the browser or mobile phone, the location of the Service Users, etc.

We may request you to enter your Facebook ID and password, and collect the information registered on Facebook by the Service Users only when the Service Users permit to use Facebook Connect.

■ Management of obtained information

The person who is engaged in the task of managing and using the obtained information at the Service Provider strictly manages the obtained information of the Service Users, and pays close attention to the handling of the obtained information and make the maximum effort so as not to cause unauthorized access to personal information, loss, leakage, tampering, etc.

■ Purpose of use of obtained information

We will use the obtained information for the purpose of use notified to the Service Users when collecting the obtained information, specified in the Terms of Service, or of the following.

・To communicate various subjects or to offer information relating to the Service

・To offer the Service

・To simplify the information input which is necessary when registering as the Service Users to the Service

・To confirm the applications for e-mail delivery service and to deliver e-mails

・To confirm or to deliver the purchase relating to the Service

・To charge or to confirm the billing and payment relating to the Service

・To send rewards etc. for the surveys we asked for cooperation

・To send prizes etc. of the contests applied

・To investigate and analyze the usage of the Service

・To improve the Service for more satisfiable contents or to develop new services

・To customize the contents of the Service to fit the Service Users

・To investigate the degree of satisfaction of the Service

・To collect information that statistically processed the obtained information and publishes as survey results

・To deliver information and notifications on the Service, new services and other various services

・To request cooperation to research and participation in various events, and report the results

・To solve the troubles in the operation of the Service

・For other issues incidental or relating to the business of the Service Provider

■ Disclose of obtained information to third parties

The Service Provider will disclose the obtained information to a third party in the cases prescribed below.

・In the case of a disclosure of information on the Service that the Service Provider judges as necessary to offer the Service.

・The Service Users shall use the disclosed information of other Service Users only to the extent necessary to use the Service in accordance with the Terms of Service, and must not disclose to a third party without the prior consent of each Service User. In addition, the usage history and obtained information will be published on the Service for the period of time specified by the Service Provider.

・In the case the Service Provider judged as necessary to operate and offer the Service.

・In the case of a disclosure to shipping carriers, settlement agents, consignees or other third parties for the purpose of responding to inquiries from the Service Users relating to the viewing status of the contents, payment, etc., inquiries from the Service Provider to the Service Users, or offering of related after-sales service, etc.

・In the case of a request to offer the obtained information from the court, administrative agencies, competent authorities or other public institutions based on the laws and regulations.

・In the case the Service Provider judges that disclosure of the information is necessary to solve disputes with third parties or to protect the rights and interests of the Service Users or the third parties.

・In the case of a disclosure to third parties who are consigned by the Service Provider the survey and analysis in order to investigate and analyze the conditions of use of the Service.

・In the case the Service Provider consigns the entire or a part of the handling of personal information to the extent necessary to achieve the purposes of use.

・For delivery or display of advertisements by the Service Provider or third parties.

・We may disclose the obtained information for other reasons with the consent of the Service Users when the Service Provider judges as necessary.

■ Use of Cookies etc.

・With regard to the Cookie information, it is not possible to identify a specific individual alone. When personal information is used together, it is regarded as personal information.

・The Service Users can decide whether to allow the use of Cookies. Common web browsers automatically allow the use of Cookies, but it is possible to change the browser settings to prohibit using Cookies.

・If the uses of Cookies are prohibited, it may be impossible to use the service normally or reflect the advertisement settings that require Cookies.

・The Service Provider automatically receives information such as on Cookie of the Service Users, viewed advertisement pages, use environment of the Service Users, etc. from the browsers of the Service Users, records them on the server, and uses them to improve convenience such as automatic input of e-mail address at the time of login to the Service, for security purposes such as maintenance and protection of the sessions, to examine new services, and to make the contents of the Service and advertisements more suitable for the Service Users.

■ Use of logs etc.

The Service Provider collects the IP addresses, browser type, browser language, etc. that are automatically generated when the Service Users visit the Service. This information will be used to analyze the environment of the Service Users for better service and prevention of unfair practices that interfere with offering the Service normally. The records relating to the search will be stored and managed in a form that cannot identify individuals and will be used for the creation of statistical data and other purposes.

■ Use of device information etc.

The Service Provider may collect the device information such as information to identify the devices. This information will be used for better service and prevention of unfair practices that interfere with offering the Service normally.

■ Correction of personal information by the Service Provider

If there is a change in the information that affects the billing for the contents and other procedures, such as name and postal code of the municipality, name of the financial institution, the expiry date of the credit card, etc., the Service Provider may change the registered personal information.

■ Management of personal information and security

The Service Provider safely stores the obtained information on the server that is under an environment where the general Service Users cannot access, and make effort to prevent unauthorized access, loss, destruction, tampering or leakage.

■ Disclaimer and notes

The Service Provider will not bear any responsibility for the protection of the obtained information of the Service Users on web services offered by other entities or individuals that are linked from the Service. The Service Users themselves shall review the contents of the service carefully before viewing or using.

The Service Provider will not bear any responsibility in the case damage is caused to the Service Users or third parties due to unfair practices by hackers etc.

The Service Users shall manage the information used to identify them strictly so as not to lose, forget or be known to a third party.

■ Information of the Service Users who are minors

If the Service Users are minors, their parents, protectors or guardians must agree to the contents of this Privacy Policy and the Terms of Service, etc. and agree exclusively to use the Service in compliance with this Privacy Policy and the Terms of Service.

■ Access outside Japan

Please refrain from accessing the Service from any country or region where the use, management, operation method and the posted contents of the Service are inappropriate or illegal.

■ Improvement of this Privacy Policy and confirmation of the latest version

・The Service Provider will work to improve this Privacy Policy as needed.

・The Service Users must check the latest Privacy Policy before accessing the Service or using the services offered by the Service Provider.

・If the Service Users are accessing the Service or using the services offered by the Service Provider, it is considered that the Service Users have agreed to the latest Privacy Policy.

■ Procedures of disclosure, correction, suspension of uses of personal information

The Service Users can request disclosure, correction, and suspension of uses of personal information in accordance with the Act on the Protection of Personal Information.