These Terms of Service set forth the provisions of using "Block chain Escrow platform Website · Management Services" (hereinafter referred to as “Service") provided by Aeria Co., Ltd. (hereinafter referred to as “Company”) by the customer. Please read these Terms of Service carefully and agree before using the Services.
Definitions of the Terms used in this contract are as follows.
(1) Service: Services operated and provided by the Company and related services
(2) Website: The website on which the content of this Service appears on
(3) Content: Generic name of characters, sounds, still images, moving images, software programs, codes etc. provided on the Service
(4) User (Registered User): Person who completed user registration of this Website for the purpose of using this Service
(5) ID: The text string unique to the Registered User for use of the Service
(6) Password: A uniquely set encryption by the Registered User corresponding to the ID
(7) Personal Information: Generic information that can identify individuals such as address, name, occupation, telephone number
(8) Registration Information: Generic information (including e-mail address, ID / password, etc.) registered by the Registered User at this Website
(9) Intellectual Property: Those produced by creative activities of human beings, inventions, new varieties of plants, designs, written works, or other human creative activities (naturally occurring laws or phenomena discovered or resolved), including trademarks, trade names and other products or services used in business activities, trade secrets, other technological or business information useful for business activities, etc.
(10) Intellectual Property Rights: Rights prescribed by laws and regulations concerning patent rights, utility model rights, breeder's rights, design rights, copyrights, trademark rights and other intellectual property, or rights pertaining to legally protected interests
(11) Products: Digital items produced and sold by the Company and its subsidiaries (hereinafter referred to as "Company Group")
(12) Shopping: Other Registered Users purchasing the Products provided by the Registered User within this Website
(13) Seller: The Registered User selling items through this Service
(14) Buyer: The Registered User purchasing products through this Service
(15) Multi Signature · Escrow Service: Settlement service provided within this Website (conditional settlement method performed via a neutral third party between the Seller and the Buyer)
2. Role and Position of the Company
1. This Service is based on providing a place and opportunity for trading and other transactions of Products among Registered Users (hereinafter referred to as "Individual Transactions"). Therefore, the Company is not parties to Individual Transactions and will not be involved in any Individual Transactions such as withdrawals, cancellations, nullifications, returns, refunds, or guarantee of sales contract, except as otherwise specified.
2. The Registered User shall carry out all obligations in Individual Transactions at his/her own expense and responsibility.
3. The Company will play the role as the neutral third party in the Multi Signature · Escrow Service provided on this Website, but if there is any intentional or gross negligence by the Company, the Company will notify the Seller or Buyer and will not be held responsible for Multi Signature · Escrow Service unless damage occurs.
3. CONTENTS OF THIS SERVICE
1. The Company will provide a service to realize the goals of this Service such as Shopping, etc., on this Website.
2. In Shopping, the contents of Products, selling price, etc., are listed on each purchase page. Please check the contents carefully and enjoy Shopping.
3. For other explanations and regulations of Individual Services, please see the respective pages on this Website.
4. SCOPE OF THE TERMS OF SERVICE
1. The User shall be able to use the Service after agreeing with these Terms.
2. Upon the User downloading this Service to a smartphone or other information terminal and making the consent procedure to these Terms of Service, a user-to-user contract with the Company is established and recognized according to the provisions of this agreement.
3. If the User is a minor, please use this Service with the consent of a custodian or other legal representative.
4. If the minor User falsifies consent from a custodian or other legal representative, uses this Service by falsely misrepresenting his/her age, and/or falsifies identification to be someone other than the acting personnel, any legal action that will be taken concerning this Service cannot be repealed.
5. If the User who was minor at the time of consent of these Terms of Service uses this Service after reaching the age of adult, the User is deemed to having agreed to all the legal terms concerning this Service.
5. CHANGES TO THE TERMS
1. The Company shall be able to change the contents of these Terms of Service at any time without obtaining consent from the User, and the User shall be deemed to have accepted the revised terms without objection.
2. When the Company makes changes to these Terms of Service, the Company will notify the contents of the agreement to the User by the method prescribed by the Company.
3. The effects of the changes of these Terms of Service shall be in effect from the time the Company's notification in accordance with the preceding paragraph.
4. The User will be deemed to have agreed without objection to the revised contract after using the Service after the changes of the Terms of Service have been applied.
6. USAGE FEE
With the exception of the fee required for Shopping, the User has no special burden such as membership fee regarding the use of this Service.
7. APPLICATION PROCEDURES
1 Applicants wish to apply to this Service (hereinafter referred to as "Applicants"), please agree to these Terms of Service and apply following the predecribed procedure.
2. For those who applied, when the Company accepts the application and becomes a Registered User from the time the ID registration is completed.
3. The Company will provide notifications of contact matter, advertisements and other information by e-mail to the Registered Users. Please be aware.
4. The Company will not accept the application, according to the judgment of the Company, if the Applicant falls under any one of the following items.
(1) The Applicant uses methods not defined by the Company to apply for registration
(2) The Applicant has been withdrawn from registration in the past due to violation of these Terms of Service or other Terms of Services, etc., determined by the Company
(3) The Applicant is determined by the Company to have applied via unauthorized methods
(4) The Applicant has registered with falsified information, acting as someone other than his/herself
(5) The Applicant has been otherwise deemed inappropriate by the Company
8. ACCOUNT MANAGEMENT
1. With respect to Registration Information, Users will be responsible for the discretionary registering and managing the information. Users shall not use this information by third parties, nor lend, assign, transfer name, buy or sell, etc., the accounts.
2. When the use of this Service is made according to the Registration Information, the Company will handle the use as being used by the individual who performed the registration, and the result generated by the use and any responsibility accompanying it shall belong to the individual who performed the registration.
3. The User shall indemnify such damages to the Company and the third party in case of damages to the Company or third party due to misuse of the Registration Information.
4. Management of Registration Information shall be performed by the User under his/her own responsibility and the Company shall not be responsible for any disadvantage or damage suffered by the User because the Registration Information was inaccurate or falsified.
5. In the event that the Registration Information is stolen or found to be used by a third party, the User shall immediately notify the Company to that effect and follow the instructions from the Company.
9. WITHDRAWAL PROCEDURES
1. When the Registered User wishes to withdraw from membership, the Registered User should perform a withdrawal procedure according to the method prescribed by the Company.
2. If the Registered User falls under any one of the following items, he/she will be forcibly withdrawn from the membership by the judgment of the Company.
(1) When it is apparent that user registration was carried out regardless of the method defined by the Company
(2) In the event of breaching these Terms of Service, or other Terms of of Services, etc., determined by the Company
(3) When the Company judges the User and his/her actions as otherwise inappropriate
3. When a Registered User has obligations and/or liabilities to the Company, Registered User shall continue to bear these obligations and/or liabilities even after he/she withdrawn from the Services.
10. HANDLING OF PERSONAL INFORMATION, ETC.
Personal Information and User Information will be handled appropriately according to "Block chain Escrow platform Website · Management Services Private Policy" separately defined by the Company.
11. PROHIBITED ACTIVITIES
When using this Service, the Company prohibits the following acts by the User. Within the Company, if the Company acknowledgeS that the User violated the prohibited matter, the Company can take measures deemed necessary, such as immediately stopping use, deletion of registered information, etc., without notifying the User in advance.
(1) Acts of infringing the Intellectual Property Rights of the Company or third parties
(2) Damage to the honor and credibility of the Company or third parties, or acts that unjustly discriminate or slander
(3) Acts of infringing the property of the Company or third parties, or acts that may infringe
(4) Acts that give economic damage to the Company or to third parties
(5) Threatening acts against the Company or third parties
(6) Computer viruses, specifications of harmful programs, or acts inducing it
(7) Acts of putting an excessive burden on the Service infrastructure facility
(8) Acts of attacking or causing damage to the Website servers, systems, and securities
(9) Attempt to access the Company's services by methods other than the Company's interface
(10) Acts of a single User acquiring a plurality of User IDs
(11) In addition to the above, acts that the Company deem inappropriate
12. SELLER'S COMPLIANCE
1. The Seller shall perform the selling of Products by the procedure specified by the Company, and must comply with the relevant laws and regulations concerning the Products to be put up for sale, the sale methods, etc., and the guidelines of the appropriate authorities.
2. If the Seller is unable to act corresponding to each of the following items or the Seller performs an act corresponding to each of the following items, regardless of whether or not the Seller's willfulness or negligence exists, the Company shall regard the Seller in violation of the Terms of Service.
(1) Acts of selling the following items:
Products obtained by crime
Other Products judged by the Company as inappropriate
(2) The act of selling a Product that the Seller did not intend to truly sell at the time of sale
(3) Other acts that the Company deem inappropriate
3. If the Company judges that the Seller violates these Terms of Service in relation to selling, in addition to the measures prescribed in Article 11 (Prohibited Activities), the sale and the purchase of the sale may be cancelled at the Company's discretion. The Company is not responsible for any damage caused to the Seller by measures under this section.
13. BUYER'S COMPLIANCE
1. The Buyer shall make orders with the intention of purchase following the procedure specified by the Company and must comply with the relevant laws and regulations concerning the Products to be purchased and the purchasing method thereof, and the guidelines of the appropriate authorities.
2. If Buyer fails to take any action falling under any of the following items or performs any act that falls under each of the following items, regardless of whether or not the Buyer's willfulness or negligence exists, the Company shall regard the Buyer in violation of the Terms of Service.
(1) Make an order without intention to purchase
(2) Mischief, harassment or other orders made for unfair purposes
(3) Acts of purchasing the his/her own sales
(4) Other acts that the Company deem inappropriate
3. The Company shall not bear any responsibility for damages caused to the Seller or a third party due to the order or purchase of the User
14. HANDLING OF CONTENTS
1. The User shall be able to use the contents of this Service only within the scope defined by the Company.
2. The Company has rights relating to all contents provided by this Service, and the Company will notify the User of patent rights, utility model rights, design rights, trademark rights, copyrights and other Intellectual Property Rights owned by the Company, and what the User is not a licensed to use.
3. The User may not reproduce, transmit, lend, translate, adapt, reprint without permission, secondary use, use for moneymaking, alteration, disassemble, decompile, reverse engineer, etc. in any way beyond the scope of use defined by the Company. It is prohibited.
1. The Company is not under any liability to the contents, quality, legality, safety, usefulness, etc., of Products sold in Individual Transactions. Therefore, even if there are defects or bugs in the product, the Company will not assume any responsibility.
2. The Company is not under any liability to the User for any dispute or trouble between the User and other Users. Even in the event of a problem between the User and another User, it shall be resolved at the responsibility of both parties and will not make any claims to the Company.
3. The Company is not under any liability to the User for any damage caused by content change, suspension or termination of the Service.
4. The Company is not under any liable involvement in the user environment of this Service and assume no responsibilities to the User.
5. The Company believes that this Service conforms to the specific purpose of the User, that it has the expected function, product value, accuracy and usefulness, and that the use of the Service by the User conforms to the laws applicable to the User, internal regulations of industry associations, etc. The Company does not guarantee anything and that no trouble will occur.
6. The Company does not guarantee that this Service is compatible with all information terminals, and the User acknowledges in advance that there is the possibility of malfunction of the operation of this Service due to version upgrade, etc., of the OS of the information terminal used for this Service. The Company does not guarantee that the problem will be resolved due to the modification of the program, etc., in case of such a malfunction.
7. As the User, the use of part or all of this Service may be restricted due to the Terms of Service of the web service "Zaif " provided by Tech Bureau Co., Ltd., which is the Company's affiliated partner, and changes may occur in operation policy. The User understands in advance that there is a possibility.
8. The Company is not under any liability to the User for any damages directly or indirectly caused to the User due to the use of this Service.
9. Even if the Company is notified of the possibility of such damage in advance for any loss of opportunity that occurred to a User or other third party, interruption of business, or any damage (including indirect damage or lost profit), the Company is not under any liability to the User.
10. The provisions of paragraph 1 to the preceding paragraph shall not apply if there is intentional or gross negligence by the Company, or when the contract is applicable to consumer contract under the Consumer Contract Law.
11. Even in the case where the preceding paragraph is applied, the Company shall not be under any liability to the User to compensate for damages arising from special circumstances among damages caused to the User by acts of negligence (excluding gross negligence).
12. In connection with the use of this Service, if the User causes damages to another User, or in the event of a dispute with a third party, the User shall compensate for such damage and/or resolve such disputes at his/her own expense and responsibility in such a way that shall not cause any inconvenience or damage to the Company.
13. In the event that the Company is requested for damages, etc., from a third party due to the action of the User, the Company will settle this by the User's expenses (including attorney fees) and responsibility. In cases where the Company pays damages in regards to the third party, the User shall pay all expenses (including attorneys' fees and lost profits) including such damages to the Company.
14. In the event that the User damages the Company in connection with the use of this Service, compensation shall be paid to the Company (including court costs and attorneys fee) at the cost and responsibility of the User.
16. REGARDING PUBLICATIONS OF ADVERTISEMENT
The User understands that there are cases where all advertisements are included on this Service, that the Company or its affiliated parties may post all advertisements, and the User will be deemed to have accepted with no obligation. The form and scope of advertisements on this Service will be changed from time to time by the Company.
17. MONITORING OPERATIONS
The Company will perform operations to monitor whether the User is using this Service properly at the Company's discretion and the User will be deemed to have accepted with no obligation.
18. PROHIBITED TRANSFERRING OF RIGHTS
1. As long as there is no prior written consent of the Company, the User shall not transfer to third parties all or parts of the position under the Terms of Service and the rights based on these Terms of Service, or obligations, or part thereof.
2. The Company may transfer all or parts of the Service to a third party at the discretion of the Company, in which case all rights of the User of the Service shall be transferred, including the User's account within the scope of the transferred rights, to the third party.
19. POTENTIAL SEPARATION OF TERMS
Even if any Terms or Service part thereof is determined to be invalid or unenforceable by the Consumer Contract Act or by other laws and/or regulations, the remaining Terms of Service and some of the remaining part of the provision that is deemed invalid or unenforceable shall continue to be fully effective.
20. METHODS OF CONTACTING THE COMPANY
Contact and inquiries to the Company concerning this Service of the User shall be done by this Service or by sending from the inquiry form set up at a suitable place in the Website operated by the Company or by a method separately specified by the Company.
21. GOVERNING LAW AND COURT OF JURISDICTION
1. The validity, interpretation and performance of these Terms of Service shall be interpreted in accordance with Japanese law and in compliance with Japanese law.
2. With regard to discussion, litigation and any other disputes between the Company and the User, the Tokyo Summary Court or the Tokyo District Court shall be the exclusive jurisdictional court in accordance to the charges.
These Terms shall be implemented from July 18, 2018.