服務條款

These terms (“Terms”) set forth, between The Chain Museum (the “Company”) and persons who use the “ArtSticker” mobile application services and web services provided by the Company (hereinafter, collectively, the “Services”; such persons hereinafter “Users”), the conditions of use of the Services.

CHAPTER 1:
General Terms and Terms of Use for “Users”

Article 1: Application of Terms

  1. These Terms shall apply to all Users, and Users shall consent to these Terms before using the Services.
  2. In cases where the Company has presented related rules, guidelines or the like in the Services, these shall constitute a part these Terms.
  3. By using the Services, Users will be deemed to have given valid and irrevocable consent to these Terms.
  4. Even if some of the provisions of these Terms are determined to be invalid under laws or regulations, the other provisions of these Terms and other terms of service etc. shall remain in effect. Further, in cases where some or all of the provisions of these Terms or other terms of service etc. are invalidated or rescinded in respect of some Users, these Terms and such other terms of service etc. shall remain in effect in respect of all other Users.
  5. There may be cases where the Services encompass services provided by third parties such as other business operators, and when Users use such services, any terms of service etc. stipulated by such third parties shall apply.
  6. In cases where a User is a person with limited capacity such as a minor and an adult ward etc., such User will only be entitled to use the Services with the consent of a parent or legal guardian. In cases where a person with limited capacity, as a User, has used the Services by forging the consent of a legal guardian or pretending to be of legal age, the juristic acts of such User cannot be rescinded.
  7. The consent to these Terms must be undertaken by the individual who will become the User, or, in the case of corporations, the corporation’s representative or a director/employee to whom the corporation has granted valid authority to conclude contracts relating to the use of the Services. The consent procedures cannot be completed by any entities other than these natural persons.

Article 2: Amendment of Terms

  1. The Company shall be entitled to amend the content of these Terms without obtaining the consent of Users when the Company finds it necessary. In the event of any amendment to the Terms, the Company shall inform the amendment and the effective time and content of the amended Terms by posting in the Services or other appropriate way specified by the Company, or notify the User of the same.
  2. Notwithstanding the previous paragraph, the Company shall obtain the User's consent in a manner specified by the Company for the amendment of the Terms that requires such consent under the applicable laws.

Article 3: User Registration

  1. To use the Services, Users must apply for User registration by providing the Company with accurate information relating to such Users using Company-prescribed methods, and must obtain the Company’s consent for such User registration.
  2. Users shall keep the information relating to themselves that was provided to the Company at the time of registration up-to-date at all times, and shall be liable for any damage arising because such information is not up-to-date.
  3. When applying for User registration, a User shall register, in the Services, a username that is a name referring to such User, and a password. Users shall strictly manage usernames and passwords under their own responsibility, and the Company shall be entitled to deem all acts performed using a registered username and password to be acts of the relevant User.
  4. If the Company determines, at its discretion, that any of the following items is applicable, the Company will be entitled to not approve User registration or void User registration.
    1. If an application has been submitted without following the methods of Paragraph 1;
    2. If an application has been submitted with untrue or misleading content;
    3. If a person seeking to register as a User has violated laws and regulations or breached these Terms;
    4. If a person seeking to register as a User has committed any prohibited acts set forth in Article 10 of these Terms in the past, or is considered likely to do so in the future; or
    5. If the Company otherwise deems a person seeking to register as a User unsuitable.

Article 4: Content

  1. All knowhow, copyrights, neighboring rights, design rights, trademark rights, patent rights, utility model rights, rights under the Unfair Competition Prevention Act (the foregoing includes rights to receive design registrations, patents or utility model registrations, and rights arising as a result of trademark applications; hereinafter “Intellectual Property Rights”) and other rights relating to any text (including the text on which audio is based), audio, music, images, video, software, programs, code or other information on the Services provided by the Company or third parties permitted by the Company (hereinafter, collectively, “Content”) shall belong to the Company or to third parties which grant the Company a license to use such rights; the Company will, in regard to such Content, only to the extent necessary for the usage of the Services by Users, grant Users a non-exclusive usage right, which cannot be transferred or sublicensed and which shall have as its sole purpose the use of the Services.
  2. Even in cases where “Buy”, “Sell” or the like is displayed on the Services, the Intellectual Property Rights and other rights related to Content provided on the Services will not be transferred to Users, and Users will be granted only the above-described usage right.

Article 5: Information Posted by Users

  1. The Services may include functions which allow Users to post information. Copyrights and other Intellectual Property Rights to information posted by Users using such functions (including information relating to the Users themselves; hereinafter “Posted Information”) shall belong to the User who created such Posted Information.
  2. Users shall warrant that Posted Information does not infringe the rights of any third party, and in cases where a dispute has arisen as to the infringement of third-party rights by Posted Information, or as to other similar matters, such dispute shall be resolved under the responsibility and at the expense of the relevant User.
  3. Users shall license in advance to the Company, at no cost and without restriction as to region or timeframe, the right to use, in services or promotions, any information posted by Users that is publicly and generally accessible (including the right of the Company to abbreviate or otherwise modify such information within a scope deemed necessary and appropriate, and the right to sublicense such usage rights to third parties allied with the Company).
  4. There may be cases where the Company will check the content of Posted Information in order to confirm the state of compliance with laws and regulations or these Terms; provided, however, that the Company is not obligated to do so.
  5. In cases where the Company deems that Posted Information violates laws and regulation or breaches these Terms, or is likely to do so, and in other cases where there is a business-related need, the Company will be entitled to restrict the use of such Posted Information on the Services by deleting such Posted Information or by other similar method, without advance notice to Users. In such a case, the Company will bear no liability whatsoever for any damage which may be suffered by Users as a result of such restriction, and will not be obligated to provide refunds. Moreover, except where specially provided, the Company is not obligated to Users to delete Posted Information.

Article 6: Stickers

  1. In the Services, Users are entitled to purchase the Stickers issued for all works by artists registered on the Services. There are some types of Stickers and the amount charged may vary depending on type. The amounts charged for Stickers will be indicated on the Services. Moreover, when Users use the mobile applications on iOS or Android OS of the Services, settlement fees and other costs for purchases will be included in the prices of Sticker.
  2. When a User has purchased a Sticker, the Company will deem such User to have made a manifestation of intent to request license to use photos or videos of the work for which such Sticker was issued (provided, however, that the conditions of such licenses will be limited to the scope set forth in Paragraph 5), a manifestation of intent to contribute to those collaborating with the relevant artist (i.e., galleries, museums, foundations, etc.; hereinafter “Collaborators”), and a manifestation of intent to pay system use fees to the Company; provided, however, that depending on the work, there may be cases where the manifestation of intent to contribute to Collaborators is not included.
  3. The Sticker sale prices paid by Users shall comprise license fees for photos or videos of the work for which the relevant Sticker was issued, contributions to Collaborators, and handling fees paid to the Company (and, when Users use the mobile applications on iOS or Android OS of the Services, settlement fees paid to the Company), and these payments shall be separated and paid to, respectively, the artist of the relevant work, the Collaborators, the Company (and, when Users use the mobile applications on iOS or Android OS of the Services , the payment clearing company), in accordance with percentages set forth separately by the Company; provided, however, that depending on the work, there may be cases where license fees to artists or contributions to Collaborators are not included. The Company shall be entrusted by artists and contributors to receive license fees to artists and contributions to Collaborators from Users on behalf of artist and contributors. A payment obligation of a User concerning such license fees or contributions shall be deemed to be completely performed when the User have paid them to the Company.
  4. In cases where a User has purchased a Sticker, the Sticker and username will be published on the “Artist Page”, and the Sticker and name or business name of the artist will be published on the relevant User’s “My Page” and in a location on the Services, as designated by the Company at its discretion, where the information pertaining to the relevant work is displayed.
  5. The licenses to use photos or videos of works which are received by Users as consideration for the sale prices of Stickers shall be limited to use by methods indicated on the “My Pages” of such Users or to other methods of use explicitly designated and authorized on the Services, and shall not authorize any other use.
  6. Users shall not lend, transfer, sell or purchase Stickers to/from other Users or third parties, allow other Users or third parties to use Stickers, or provide Stickers as security to other Users or third parties.
  7. Agreements pertaining to licenses to use photos or videos of participating works will be formed by and between participating artists and Users who have purchased Stickers, agreements pertaining to contributions to Collaborators will be formed between Collaborators and Users who have purchased Stickers, and the Company will not be a party to such agreements. The Company will not provide refunds for Stickers.
  8. In cases where the Company deems that it is inappropriate for the Company to display works or other information of an artist on the Services (including the case where an artist violates laws and regulation), Posted Information violates laws and regulation, the Company will be entitled to make close to any User or delete the works or other information of the artist or take any other measure the Company deems necessary, without advance notice to Users. Users hereby waive the right to file any objections to the Company. In such a case, except where specially provided, the Company will bear no liability whatsoever for any damage which may be suffered by Users as a result of such measurer.

Article 7: Payments

  1. When Users use paid services in the Services, they shall pay fees in accordance with a method separately designated by the Company.
  2. When a User has not paid a fee specified by the Company by a date specified by the Company, there may be cases where such User is obligated to pay delay damages, calculated at 14.6% per annum starting from the date immediately following the payment date, and the Company seeks such payment from such User.

Article 8: Matters Related to Personal Information

The Company will appropriately handle personal information obtained from Users, in accordance with applicable laws and regulations and the Company’s Privacy Policy.

Article 9: Membership Cancellation, etc.

  1. When a User wishes to cancel his/her membership on the Services, such User shall give notification of such cancellation using a Company-prescribed method, and shall forfeit eligibility to use Services at the time of such notification.
  2. If one year or more has passed since the last time a User logged into the Services, the Company will be entitled to cancel the relevant User registration or cause the relevant User to forfeit eligibility to use Services.
  3. When a User has forfeited eligibility to use the Services, all usage rights to the Services will be extinguished, including the usage rights to photos of the works associated with purchased Stickers.
  4. Licenses relating to User Posted Information as in Article 5, Paragraph 3 shall remain in effect even after the forfeiture of eligibility to use the Services, and the Company shall be entitled to freely continue publishing or delete such User Posted Information.

Article 10: Prohibitions

  1. Users shall not engage in the acts indicated in any of the items below when using Services.
    1. Acts in violation of laws and regulations or in breach of these Terms;
    2. Acts which are likely to contravene public order and morality;
    3. Providing benefits to or otherwise cooperating with anti-social forces (i.e., criminal organizations, criminal organization members, persons concerning whom fewer than five years have passed from the time they ceased to be criminal organization members, criminal organization quasi-members, enterprises affiliated with criminal organizations, corporate extortionists (sōkaiya), social campaign advocacy racketeers (shakai-undō-tō hyōbō-goro), criminal organizations with special intelligence, and other persons equivalent thereto);
    4. Criminal acts, criminal notices, or acts inciting or otherwise fostering crime;
    5. Acts infringing or besmirching the Intellectual Property Rights (including copyrights, trademark rights, design rights, patent rights, utility model rights, rights to register or apply for the foregoing rights, and rights set forth in the Unfair Competition Prevention Act), image rights, privacy, reputation, or other rights or interests of the Company or third parties;
    6. Acts for the purpose of obtaining profits in connection with the Services by methods not intended by the Company;
    7. Using the Services to post, transmit, publicly disclose or otherwise distribute material which contains anti-social content and will cause distress to others;
    8. Intentionally publishing or posting false data etc.;
    9. Uploading viruses or other malicious code;
    10. Modifying or tampering with Company source codes; analyzing source codes using decompilation, reverse assembly, or reverse engineering; and other acts similar to the foregoing;
    11. Improperly collecting the login information of other Users or accessing the accounts of other Users;
    12. Improperly collecting, disclosing or providing the personal information, registration information for the Services, use history information relating to the Services, or the like, of others;
    13. Promotions, advertisements or inducements that have no relation to the creative activity of artists or to exhibiting works; promotions, advertisements or inducements related to multilevel marketing, data selling or the like;
    14. Sexual or obscene acts;
    15. Acts for the purpose of meeting or associating with members of the opposite sex with whom one is not personally acquainted offline;
    16. Acts for the purpose of harassing or defaming Users;
    17. Aiding or abetting any of the foregoing acts; and
    18. Other acts that the Company deems inappropriate.
  2. When Users have engaged in acts as in any item of the preceding paragraph, the Company shall be entitled to temporarily suspend or revoke eligibility to use Services, or to take such other action as it may judge necessary, and Users shall raise no objection to this.

Article 11: Non-Warranty, Disclaimer

  1. The Company makes no explicit or implicit guarantees as to the correctness, currentness, completeness, usefulness, or suitability for specific purposes of the Services or the information displayed on the Services, nor as to the fact that the Services do not infringe third-party rights; the Company does not owe Users a duty to eliminate defects and provide the Services.
  2. All liability for the information posted by Users on the Services will be assigned to such Users. The Company will bear no liability in regard to the Posted Information that Users have posted or otherwise made available using the Services. In cases where the Company or a third party suffers damage through any act of a User, said User shall be responsible for compensating the Company or such third party for all such damage (including attorney fees and the expenses for any formal or public apologies by the Company to third parties).
  3. The Company is entitled to alter, suspend or discontinue the provision of all or some of the content of the Services, at any time and without notice to Users, if any of the following circumstances apply. In such a case, the Company will not be held liable for any damage suffered by Users as a result of such alteration, suspension or discontinuation of Services:
    1. where the Company conducts development, improvement or modification of the Services;
    2. where the Company urgently conducts inspection or maintenance work on any computer, server, software, program, network, communication environment or other equipment, etc. relating to the Services;
    3. where operation or provision of the Services has become difficult due to any malfunction, erroneous operation, excessive concentration of access, unauthorized access, hacking or the like affecting any computer, server, software, program, network, communication environment or other equipment, etc.;
    4. where any telecommunications carrier has suspended, interrupted or changed its services;
    5. where operation or provision of the Services has become difficult due to force majeure, such as earthquake, lightning, fire, storm or flood damage, power outage, or other natural disaster; or
    6. where the Company otherwise reasonably determines that such change, suspension or discontinuation is necessary.
  4. Users shall, at their own responsibility and expense, prepare the communication facilities, communication devices, communication environment and any other environment necessary for use of the Services (collectively, “Communication Facilities, etc.”). The Company makes no warranty whatsoever with respect to the Communication Facilities, etc. used by Users in connection with the Services, including that no communication failure will occur or that no delay or restriction on use will arise when communication lines are congested, and the Company shall not be liable to compensate for any damage suffered by any User or third party in connection with the Communication Facilities, etc. In addition, even if any application for purchase of a Work or Ticket, or any other application relating to use of the Services, or any acceptance thereof or notice thereof, is delayed or becomes impossible due to communication failure, congestion of communication lines, or any unexpected malfunction relating to any computer or system, the Company shall not be liable for any damage suffered by any User or third party.
  5. Notwithstanding the provisions of the preceding three paragraphs or any other provisions hereunder which relate to the Company’s exemptions from liability of indemnity (the provisions which prescribe that the Company shall not be responsible for compensating Users or Users’ rights to claim damages to the Company shall be limited, excluding the provision in the next paragraph 6 of this Article 11. Hereinafter, collectively, “Disclaimer Provisions”), in cases where an agreement between the Company and a User in regard to the Services (including these Terms) is a consumer contract as set forth in the Consumer Contract Act, in relation to the Company’s liability for Users’ damages, Disclaimer Provisions will not apply and the next paragraph will apply.
  6. In cases where the Company is liable for damage of a User arising from default due to reasons attributable to the Company or a tort by the Company without application of Disclaimer Provisions, except in cases resulting from willful misconduct or gross negligence on the part of the Company, said liability shall be within the range of ordinary and direct damages actually suffered by such User, and shall have as a maximum (a.), if such damage is the damage other than that related to a Work (“Work(s)” is defined in the paragraph 1 of the Article 25) or a Ticket purchased by such User, the total amount of usage fees paid by such User to the Company in the one-year period immediately preceding the occurrence of the damage or (b.), if such damage is related to a Ticket purchased by such User, the ticket price of such Ticket directly related to such damage, or (c.), if such damage is related to a Work purchased by such User, the Price(s) (“Price(s)” is defined in the paragraph 1 of the Article 26) of such Work directly related to such damage.

Article 12: Links to External Sites etc.

  1. In the Services, there may be cases where links to external sites are displayed by the Company, Users, or artists or other third parties; the Company makes no explicit or implicit guarantee as to the correctness, responsiveness, completeness, merchantability, fitness-for-purpose or the like of the information published on such sites or the services provided on such sites (“External Services”), and will not be held liable for any damage or adversity suffered by Users or third parties as a result of use of external sites or External Services.
  2. When using External Services, Users shall follow the terms of service etc. stipulated by such External Services.
  3. Users shall consent in advance that there may be cases where the Services become unusable in whole or in part as a result of changes in the content or operations of External Services or as a result of Users becoming unable to use External Services in whole or in part.

Article 13: Transfer of Business

  1. In cases where the Company transfers business related to the Services to a third party or undergoes a corporate separation, merger or other organizational restructuring (“Business Transfer etc.”), the Company will be entitled to transfer, to such third party, status under agreements between Users and the Company (including these Terms and individual terms of service etc.) and the information that Users provided to the Company to use the Services.
  2. In a case as in the preceding paragraph, Users will give consent in advance to Business Transfer etc.

Article 14: Notices from the Company

Notices from the Company to Users will be made by transmission of emails to email addresses registered with the Company or by a method of notice that uses functions in the Services, and notices made by email or by such methods of notice will be deemed to have reached their recipients at the time such notices would ordinarily be expected to reach their recipients.

Article 15: Governing Law and Jurisdiction

These Terms shall be governed by the laws of Japan, and the Tokyo District Court or Tokyo Summary Court shall be the exclusive court of first instance for all disputes in connection herewith.

Article 16: Language

The Japanese version of these Terms shall be the official version hereof. In the event of any discrepancy between the particulars of the Japanese version and a version in any other language, the Japanese version shall prevail.

CHAPTER 2:
Terms of Artist Registration

Article 17: Artist Registration

  1. In the Services, only artists certified by the Company may register as certified Artists (“Artist Registration”) and such registered artists (“Artist”) may post their works.
  2. A User who wish to register as an Artist (“Applicant User”) must apply for Artist Registration by providing the Company with accurate information as an artist using Company-prescribed methods, and must obtain the Company’s consent for such Artist Registration. Further, a User who is entrusted by an Applicant User to manage the rights of an artist (“Agent User”) may apply for Artist Registration on behalf of the Applicant User. Agent User shall warrant to the Company that the Agent User are assigned all the rights necessary for Artist Registration from the Applicant User and shall liable for any disputes etc. concerning such rights. The Company shall have no liability for such disputes etc.
  3. Users who have made Artist Registration shall keep the information relating to themselves that was provided to the Company at the time of Artist Registration up-to-date at all times, and shall be liable for any damage arising because such information is not up-to-date.
  4. If the Company determines, at its discretion, that any of the following items is applicable, the Company will be entitled to not approve Artist Registration or void Artist Registration.
    1. If an application has been submitted without following the methods of Paragraph 2;
    2. If an application has been submitted with untrue or misleading content;
    3. If a User seeking to register as an Artist does not lawfully have all or a part of rights necessary to register such Artist and its works;
    4. If a User seeking to register as an Artist has violated laws and regulations or breached these Terms;
    5. If a User seeking to register as an Artist has committed any prohibited acts set forth in Article 10 of these Terms in the past, or is considered likely to do so in the future; or
    6. If the Company otherwise deems a person seeking to register as an Artist unsuitable.
  5. Users who have made Artist Registration may use dashboards exclusive for Artists on the Services (“Dashboards”) and register works of such Artists on the Dashboards; and on the Dashboards may add other Users as persons who are entitled to register works of such Artists and manage them on the Dashboards (such other Users shall be referred to as “Co-Managers”. Artist and Agent User may be referred to as “Initial Managers” for distinction from Co-Managers. Initial Managers and Co-Managers shall be collectively referred to as “Managers”) with the Company’s prior consent. The details on registration and management of works shall be prescribed in Terms of Service for Artists and please confirm those Terms.

Article 18: Addition of Managers

  1. Artist may apply for addition of other Users as Co-Managers using Company-separately prescribed methods to the Company.
  2. An Artist who wish to add other Users as Co-Managers must apply for Addition of Co-Managers by providing the Company with accurate information of such Users using Company-prescribed methods, and must obtain the Company’s consent for such Addition.
  3. Artists who have added Co-Managers shall keep the information relating to their Co-Managers that was provided to the Company at the time of such Addition up-to-date at all times, and shall be liable for any damage arising because such information is not up-to-date.
  4. Paragraph 4 of Article 17 shall apply mutatis mutandis to Co-Managers added pursuant to this Article 18.

Article 19: Use of Dashboards

  1. Managers including Artists may register and edit the information of such Artists and the information of works of such Artists. The details of use of Dashboards shall be prescribed in the “Help” pages in the Services and please confirm the “Help” pages.
  2. The company’s consent shall be separately needed in order to post and make public works of Artists. Managers shall confirm and consent to Terms of Service for Artist prescribed by the Company.
  3. Artists shall be deemed to consent to any activities of Co-Managers of such Artists on the Dashboards. Such activities shall include activities by Co-Managers other than the Co-Manager who registered certain works of an artist such as registering or editing the information of works, editing the information of bank account for the Artist, and transferring the fees set forth in “ArtSticker Terms of Service for Artist”.

CHAPTER 3:
Terms of Event Function

Article 20: Sales and Use of Tickets

  1. In the Services, the organizers separately authorized by the Company (“Organizer(s)”) may sell the electronic data (“Ticket(s)”) which enable participation to the events displayed on the event-pages (“Event(s)”) which enable participation to Events.
  2. Details for Events such as names, contents, periods, number of Tickets available and prices of them shall be determined by Organizers.
  3. Users may apply for the purchase of Tickets using Company-prescribed methods. When the Company sent an email of Ticket order confirmation to an email address registered by a User who applied for the purchase of a Ticket after the application for the purchase and the completion of the payment for such Ticket, the purchase agreement of such Ticket shall be deemed to be concluded between Organizer of such Event and such User. Users may not buy Tickets over the number of Tickets decided by Organizers.
  4. Users shall provide the Company with names and email addresses of the Users in order to conduct the process for conclusion of purchase agreements for Tickets between the Users and the Organizers, and hereby entrust the Company to provide such information to the Organizers.
  5. The Company shall be entrusted by Organizers to receive Ticket fees payed by Users on behalf of the Organizers. A payment obligation of a User for a Ticket shall be deemed to be completely performed when the User have paid it to the Company.
  6. Tickets can be used at each following point of time according to the types or contents of the Events;
    1. at the time when Organizers read the Ticket information by using Company-prescribed methods after Users display Tickets in the Services at the venue of Events by using Company-prescribed methods; or
    2. at the time when Users access to URLs specified by the Organizers via the Services in cases of the Events held in a manner of streaming on the Internet.
  7. Tickets can not be resold or transferred to a third party, or can not be used by a third party on behalf of Users who bought the Tickets. If a User has or could have violated this paragraph, the Company may prohibit using or make void such Tickets, or may suspend or delete the User’s account for the Services.

Article 21: Holding Events and Participation

  1. Organizers shall hold Events at their own responsibilities. Users shall participate Events at their own responsibilities. Purchase agreements pertaining to purchase of Tickets and agreements pertaining to holding and participating Events (collectively “Event Agreement(s)”) will be formed by and between Organizers of the Events and Users who have purchased Tickets for the Events, and the Company will not be a party to such agreements.
  2. Users shall contact Organizers directly for inquiries.
  3. Even when Events are not held or Events are cancelled for any reason, the Company shall have no responsibilities to notify Users; provided, however, that the Company may notify upon request from Organizers.
  4. When Events are not held or Events are cancelled, unless otherwise stipulated in these Terms, Organizers and Users shall be consulted with each other if necessary.

Article 22: No Refund

  1. Due to the nature of Tickets as products, in principle, Tickets, purchase agreements of which were once concluded, cannot be cancelled or refunded in the Services. When the refund of Ticket fees is necessary in cases of changes or cancelation etc. of an Event, the Organizer and the Users who are the parties of such Event Agreements shall directly solve the execution of such refund and/or the disputes and the like etc. related to such refund under the responsibility and at the expense of the relevant Organizer and Users.
  2. Notwithstanding the paragraph 1 of this Article 22, if the refund of Ticket is possible in terms of the systems both of the Services and of settlement for the sales of Ticket, the Company may refund Tickets in any of the following cases; provided, however, that the Company shall not refund under any circumstances after the commencement of any part of an Event;
    1. In a case that an Organizer consents to the refund of a Ticket upon request from the User who bought the Tickets. In such case, the Company may request the User to pay transaction fees for the refund and may deduct those fees from the money refunded.
    2. In a case that an Event can not be held due to the circumstances on the side of the Organizer of the Event or due to force majour. In such case, the Company may refund by the methods prescribed by the Company.

Article 23: Expiry of Tickets

  1. Ticket will be expired in any of the following cases;
    1. At the time of Use of the Ticket
    2. At the expiry of the usable period for the Ticket
    3. At the completion of the process for refund

Article 23-2: Voice Guide

  1. Users may enjoy recorded audio explanation by using the audio data provided on the Services with or without compensation (this function will be provided on the applications for iOS or Android for the time being.). Such audio data include the following items:
    1. “Audio Menu” - the minimum unit of audio data that Users may listen to in the form of streaming by push the button on the designated pages in the Services;
    2. “Audio Group” - a group of Audio Menu made by Organizers at its option; and
    3. “Audio Guide” – a set of Audio Menu and Audio Group associated with certain Events.
  2. Users may, using a Company-prescribed method, purchase the right to use Audio Guides in order to listen to Audio Menu included in such Audio Guides in the Services. The fees to purchase such right (“Audio Guide Fee”) and the terms during which Users may play Audio Guide in the Services (“Playable Terms”) are displayed in the Services. Moreover, when Users use the mobile applications on iOS or Android OS of the Services, settlement fees and other costs for purchases will be included in the prices of Audio Guide Fee. Audio Guide Fee, settlements of which were once concluded, cannot be cancelled or refunded in the Services.
  3. When Users purchased Audio Guide, such Users shall be permitted to use such Audio Guide to listen to Audio Menu included in such Audio Guide in the form of streaming on the designated pages in the Services during Playable Terms of such Audio Guide.
  4. Before the purchase of Audio Guide, Users may listen to some parts of Audio Guide designated by the Company in the Services.

Article 24: Disclaimer of Event Function

  1. The Company shall have no responsibilities concerning the purchase or use of Tickets or participation to Events of Users or the purchase/usage of Audio Guide, unless this disclaimer shall be null and void explicitly pursuant to these Terms.

CHAPTER 4:
Terms of Work Sales Function

Article 25: Purchase of Works

  1. In the Services, Users may purchase the works registered for sale in the Services (“Work(s)”. Registering the works as Works shall be hereinafter referred to as “Sale Resigtration”). In the Services, the Company offers opportunities for concluding the sales transaction of Works between a person or an entity who did Sale Registration concerning such Works (the “Seller(s)”) and Users.
  2. Purchase agreements pertaining to purchase of Works (the “Purchase Agreement(s)”) will be formed by and between Sellers of such Works and Users who have purchased such Works (the “Buyer(s)”). Unless otherwise stipulated explicitly in these Terms, Sellers and Buyers shall be responsible for the conclusion and performance of Purchase Agreements.
  3. Sellers and Users shall not communicate with each other outside the Services concerning the purchase transactions of Works, nor conclude the Purchase Agreements in any manner other than the manners stipulated by these Terms or other than via the Services.
  4. Notwithstanding the paragraph1 and the paragraph 2 of this Article 25, the Company may sell Works as a Seller to a User on the Services. In such case, the Company, notwithstanding the paragraph 2 of this Article 25, shall have the rights and owe the obligations as the Seller of the Purchase Agreement between such User and the Company. Furthermore, in such case, each provision of this Terms shall apply to the Company as the Seller, unless otherwise provided explicitly or such application will contradict with the nature of the relevant provision of Terms.

Article 26: Conclusion of Purchase Agreements

  1. When the Company received the price of the Work (the “Price(s)”) or confirmed the completion of the payment of such Price after the following procedures, the Purchase Agreement of the Work shall be deemed to be concluded between the Seller and the Buyer.
    1. A User who wants to purchase a Work shall notify the Company of said effect and other information necessary for the delivery of the Work designated by the Company (including shipping address (the “Address”)) via the inquiry form in the Services.
    2. When the Company confirmed that the Work can be sold to the User, the Company will notify such effect and the conditions for sale such as the Price, due date of the Price, the payment destination of the Price, shipping charge (will be paid on delivery), the date when the Work can be delivered to the Buyer (the “Deliverable Date(s)”) and other conditions designated by the Seller (if any). Furthermore, the due date is within three days after the time when the Company sends such notification.
    3. When the Work can not be sold (e.g. when the Work has been sold to third parties) or when the Company can not confirm the availability of the Work from the Seller, the Company will notify the User of such effect. In such case, the User’s notification of intent to purchase the Work will be void.
    4. The payment of the Price:
      1. When the Company confirmed the completion of payment of the Price by the manner designated by the Company within the payment deadline, the Company will notify the Buyer of such completion.
      2. When the Company can not confirm the completion set forth in (4)a, the offers of conclusion of the Purchase Agreement shall be deemed to be revoked without any manifestation of intention, and the Purchase Agreement shall not be concluded.
  2. The Buyer shall not be entitled to revoke the offer of purchase of the Work or cancel the Purchase Agreement under any circumstances (except of the case set forth in the paragraph 3 of the Article 27) from the time when the Purchase Agreement has been concluded pursuant to the previous paragraph until the receipt of the Work. In the case of cancellation of the Purchase Agreement due to non-conformity to the Purchase Agreement or any other reason after the receipt of the Work, the Buyer and the Seller shall be responsible for and shall settle between them any problem arising from the cancellation. Furthermore, the Company shall not bear any obligation to refund the Price in any case unless otherwise stipulated in these Terms.
  3. The Company shall be entrusted by the Sellers to receive the Prices from Buyers on behalf of the Sellers. A payment obligation of a Buyer concerning such Prices shall be deemed to be completely performed when the Buyer have paid them to the Company.
  4. In the case where the Company is a party of a Purchase Agreement as a Seller, the sentence 2 and the sentence 3 of the paragraph 2 of this Article 26, and the paragraph 3 of this Article 26 shall not apply.

Article 26-2: Use of Discount Coupons

  1. Users will be entitled to obtain discount coupons by participating in events or campaigns or responding to surveys on the Service, or in accordance with other methods or conditions designated by the Company on the Service.
  2. Users shall be entitled to use discount coupons when purchasing a Work on the Service, in accordance with conditions of use indicated by the Company on the Service.
  3. When a User uses a discount coupon to purchase a Work, the Price for such Work shall be the price less the amount indicated on the discount coupon used or less an amount equivalent to the percentage indicated on the same, and the Seller shall consent in advance to the foregoing.
  4. The Company shall deduct the equivalent of the discount amount resulting from use of a discount coupon from the sale commission received by the Company under agreements between the Company and the Seller, and shall ensure that the use or non-use of discount coupons will not produce fluctuations in the amounts received by the Seller from the sale of Works.
  5. Users will not be entitled to use discount coupons for purposes other than purchase of Works on the Service, or to exchange discount coupons for cash, property, or other economic benefits.
  6. When a User has deregistered from the Service or otherwise forfeited eligibility to use the Service for any reason, all discount coupons held by such User shall lapse and become unusable.

Article 27: Shipping of Works

  1. The Work will be delivered to the Buyer according to the following procedures after the conclusion of the Purchase Agreement.
    1. The Seller will send the Work in the manner selected by the Seller among the following manners;
      1. The Seller brings the Work directly to the Address.Carrying physically the Work to the Address in the condition at the time of being sent from the premise of the Seller shall be hereinafter referred to as the “Carry”; or
      2. In other cases than ‘a’ above, the Seller sends in a manner in which the process from the sending to the receipt of the Work can be traced and confirmed by the tracing number of luggage etc.
    2. The Company will confirm with the Buyer about the delivery of the Work in one of the following manners;
      1. In the case set forth in ‘a’ of previous item (1): The company will send the notice to confirm with the Buyer about the completion of the Carry. The Work shall be deemed to be inspected and accepted by the Buyer (“Accepted”, or the “Acceptance”) at the time of reply from the Buyer to the Company that acknowledges the completion of the Carry or at the time of expiry of 10 days from the time of sending such notice without reply from the Buyer to the Company that states the non-completion of the Carry. The Company may deem that the Work has been Accepted when the Buyer rejected the Carry by the Seller on the Buyer’s discretion.
      2. b. In the case set forth in ‘b’ of previous item (2): The company will send the notice to confirm with the Buyer about the receipt of the Work. The Work shall be deemed to be Accepted at the time of reply from the Buyer to the Company that acknowledges the receipt or at the time of expiry of 10 days from the time of sending such notice without reply from the Buyer to the Company that states the non-receipt. The Company may deem that the Work has been Accepted when the Buyer rejected the receipt of the Work on the Buyer’s discretion.
  2. Notwithstanding the previous paragraph, when the Company shall judge that the Seller is successful to prove reasonably the completion of the Carry or sending of the Work to the Buyer with objective evidences, the Company may deem that the Work has been Accepted at the time of such proof.
  3. If the Work is not or is not deemed to be Accepted pursuant the paragraph 1 of this Article 27 or the previous paragraph, the Company is entitled to terminate the Purchase Agreement and refund the Price to the Buyer
  4. The Company shall not be responsible for any matter concerning the installation of the Work such as the necessity or contents of the installation after the Carry.
  5. In the case where the Company is a party of a Purchase Agreement as a Seller and the Company as such Seller has agreed on items related to the installation of the Work such as the operation for the installation with the Buyer, the paragraph 4 of this Article 27 shall not apply and the Company shall be responsible to such Buyer for the installation within and pursuant to such agreement.

Article 28: Transfer of Ownership and Risk

  1. The ownership of the Work will be transferred from the Seller to the Buyer at the time of the receipt of the Price by the Company (at the time set forth in ‘a’ of item (4) of the paragraph 1 of Article 26).
  2. Any damage concerning the loss, damage and changes in quality of the Work before the receipt of the Work by the Buyer or the Carry of the Work shall be borne by the Seller unless the damage shall be attributable to the Buyer. Such damage arisen on and after the receipt or the Carry shall be borne by the Buyer unless the damage shall be attributable to the Seller.

Article 29: Disclaimer of Work Sales Function

  1. The Company shall not be responsible for any matter concerning the quality of the Work, the conformity of the Work to any specific purpose including the Purchase Agreement, legality or other items about the Work unless otherwise stipulated in these Terms.
  2. The Company shall not be liable to take any measure or compensate for any problem or dispute between the Seller and the Buyer such as performance or non-performance of the Purchase Agreement.
  3. In the case where the Company is a party of a Purchase Agreement as a Seller, the previous 2 paragraphs of this Article 29 shall not apply; provided, however, that, in the case where the Company shall be liable for the damages of the Buyer of such Purchase Agreement, the Company shall not be liable for such damages in excess of the amount of the Price(s) of the Work(s) directly related to such damages.

Article 30: Service Linkage to Sales Certification Function

  1. Buyers are entitled to register themselves with the service for issuing certifications on blockchain provided by Startbahn, Inc. (“Startrail PORT”) by the procedure prescribed by Startbahn, Inc., through the procedure displayed on the Services, and use the certifications on blockchain issued by Startbahn, Inc. (“SRR (Startrail Registry Record)”). Buyers shall consent to the terms of Startrail PORT Terms of Service, Privacy Policy and other guidelines etc. prescribed by Startbahn, Inc. before using SRR (Startrail Registry Record) Cert under the responsibility and at the expense of the relevant Buyers.
  2. Buyers may view the information concerning the ownership etc. of the Works recorded on blockchain (public chain) by using SRR (Startrail Registry Record).

Revised: May 12,2026

Revised: September 14,2022

Revised: March 15,2022

Revised: September 3,2021

Revised: April 21,2021

Revised: April 20,2020

Revised: March 2,2020

Revised: July 29,2019

Revised: June 25,2019

Revised: May 29,2019

Revised: February 21,2019