AOULEE Corporation Terms of Service
This AOULEE Inc. Terms of Service (hereinafter referred to as the “Terms of Service”) (hereinafter referred to as “AOULEE”) is a company established by AOULEE Inc. (hereinafter referred to as “AOULEE”). (hereinafter referred to as the “Company”) operates the website aoulee.com (URL: aoulee.com (URL: aoulee.com) (hereinafter referred to as the “Site”) (URL: aoulee.com) operated by aoulee.com (hereinafter referred to as the “Site”) (hereinafter referred to as the “Service”). (URL: aoulee.com) (hereinafter referred to as the “Site”).
Article 1 (Application of these Terms and Conditions)
1. These Terms of Use shall apply to all users of the Service (all persons who search for, view, or use images, text, designs, logos, images, programs, ideas, information, etc. (hereinafter collectively referred to as “Content”) provided by the Company on the Site). (The same shall apply hereinafter. The same shall apply hereinafter) and the Company. (hereinafter the same shall apply) and the Company. Products or services provided by the Company to users other than the Service shall be subject to the terms and conditions separately stipulated by the Company.
2. Users shall use all or part of the Service upon agreeing that the Terms of Use at the time of use of the Service shall be the content of the contract between the user and the Company.
3. By using all or part of the Service, the user is deemed to have agreed to these Terms of Use.
Article 2 (Modification of these Terms and Conditions)
1. The Company may, at its discretion, modify these Terms of Use in any of the following cases
(1) When changes to these Terms and Conditions are in the best interest of users in general
(2)The modification of the Terms and Conditions is not contrary to the purpose for which the agreement was made and is reasonable in light of the necessity of the modification, the reasonableness of the content after the modification, and other circumstances pertaining to the modification.
2. In amending the Terms of Use in accordance with the preceding paragraph, we will notify users of the changes to the Terms of Use, the contents of the amended Terms of Use, and the effective date of the amendments by posting the amended Terms of Use on our website or by other means separately determined by us, and make the amended Terms of Use known to all users.
3. By using all or part of the Service after the effective date of the amended Terms of Use, the User shall be deemed to have agreed to the amended Terms of Use.
Article 3 (Validity of these Terms and Conditions)
Even if any part of these Terms and Conditions is determined to be invalid or revoked in accordance with laws and regulations, the other parts of these Terms and Conditions shall continue to be valid. In addition, even if part or all of these Terms and Conditions are determined to be invalid or revoked in relation to a specific user, these Terms and Conditions shall continue to be valid with other users.
Article 4 (Use of the Service)
1. Users shall use all or part of the Service in accordance with laws, regulations, rules, notices, and this Terms of Use, as well as the Privacy Policy, etc. separately stipulated by the Company.
2. Users who are minors, adult wards, persons under curatorship or persons under assistance may not use the Service if the operation of the terminal, etc. for use of the Service was not performed by their legal representative or if they have not obtained the prior consent of their legal representative.
Article 5 (Contents of this Service)
Users may perform the following acts on the Service.
(1) Use of other services provided by the Company through the Site
Article 6 (Management of User ID and Password)
1. For each Sale, we will issue a user ID and password (hereinafter collectively referred to as “Authentication Information”) to a user recognized by us, which are necessary for such user to use the Service in the relevant Sale. (hereinafter collectively referred to as the “Authentication Information”) to the user recognized by the Company. Any person other than the user himself/herself who has been issued Authentication Information by the Company may not use the Service, unless otherwise approved by the Company.
2. Users shall manage and store their authentication information strictly at their own risk.
3. The user shall not allow a third party to use the authentication information, or transfer, sell, succeed, lend, disclose, leak, or otherwise dispose of it, except with the prior consent of the Company.
4. If a user discovers that his/her authentication information has been illegally used by a third party, the user shall immediately contact the Company and follow the Company’s instructions.
5. If the authentication information sent to us in connection with access to the Site or other use of the Service is the same as the user’s authentication information, we will consider such information to have been sent by the user.
6. Users shall be responsible for damages caused by insufficient management of authentication information, errors or mishaps in use, unauthorized use by third parties, etc., and we shall not be liable for damages, compensation, compensation, or any other liability.
7. The provisions of the preceding paragraph shall not apply in the event of intentional or gross negligence on our part or in the event that Article 8.1 of the Consumer Contract Act applies.
Article 7 (Notification of Change of Information)
1. In the event of a change in all or part of the name, address, telephone number, e-mail address, or other information provided to the Company in connection with the application as specified in Article 7.2 or other use of the Service, the User shall immediately notify the Company of such change in a manner separately specified by the Company.
2. We shall not be liable for any disadvantage or damage incurred by a user due to the user’s failure to submit a notification in accordance with the preceding paragraph.
3. The provisions of the preceding paragraph shall not apply in the event of intentional or gross negligence on our part or in the event that Article 8.1 of the Consumer Contract Act applies.
Article 8 (Management of Information)
1. The Company may freely and without compensation use or exploit (including but not limited to reproduction, performance, performance, screening, public transmission, communication, dictation, exhibition, distribution, transfer, lending, translation, adaptation, use of derivative works, etc.) all or part of the contents transmitted by the user in relation to the Service on the Site and affiliated sites. (including, but not limited to, the reproduction, performance, performance, showing, public transmission, communication, dictation, exhibition, distribution, transfer, loan, translation, adaptation, and use of derivative works) (2) The Company shall not be liable for any loss or damage arising out of the use of the Content. In using said content, the user may not make any claim against the Company, including but not limited to payment of usage fees, discontinuation of use, or any other claim (with respect to works, this includes the user’s exercise of moral rights against the Company and persons designated by the Company). (With respect to copyrighted works, users may not exercise their moral rights against the Company or persons designated by the Company).
2. We collect the following information to investigate users’ access history and usage conditions or to improve our services to users.
(1)Information related to the IP address or mobile terminal identification number of the user when accessing the site’s server
(2) Cookie technology (a technology that temporarily writes data to a user’s computer through a web browser to record and store the date and time of the user’s last visit to the site, the number of times the user has visited the site, etc.) (3) User access information obtained through cookies
3. Users agree in advance that if they set their web browsers to refuse cookies, their use of the Service may be restricted.
Article 9 (Termination, Suspension, Change, etc. of the Service)
1. We reserve the right to terminate, suspend, or change all or part of the Service without prior notice to users.
2. We shall not be liable for any disadvantages or damages incurred by users due to the termination, suspension, or modification of the preceding paragraph.
3. The provisions of the preceding paragraph shall not apply in the event of intentional or gross negligence on our part or in the event that Article 8.1 of the Consumer Contract Act applies.
Article 10 (Collection, Handling, etc. of Personal Information)
In addition to the provisions of these Terms of Use, the user agrees to our handling of the user’s personal information as set forth in our “AOULEE Inc. Privacy Policy”.
Article 11 (Disclaimer)
1. In the event that the Site provides links to other websites or resources, or links from other websites or resources to the Site, the Company shall not be liable for the content of such linked websites or the users’ usage and results thereof (including, without limitation, legality, validity, accuracy, reliability, security, currency, and completeness). (including, but not limited to, the legality, validity, accuracy, reliability, safety, currency, and completeness of the content of such linked websites.) The Company shall not be liable for the content or results (including, but not limited to, legality, validity, accuracy, certainty, security, currentness, and completeness) of linked websites. In the event that the Company reasonably determines that the content of a linked website or resource is illegal or inappropriate for the management or operation of the Service, the Company may remove such link without requiring any notice to the User.
2. The Company shall not be responsible for any transactions (including but not limited to participation in promotions such as sweepstakes) between Users and third parties who advertise (including but not limited to sweepstakes advertisements) or promote any type of advertising on the Site. If a User enters into a transaction (including but not limited to participation in promotions such as sweepstakes) with a third party that advertises (including but not limited to sweepstakes advertisements) or advertises something on the Site In the event that a user enters into a transaction (including but not limited to participation in promotions such as sweepstakes) with a third party that advertises (including but not limited to sweepstakes advertisements) or advertises on the Site, the user shall conduct said transaction at the user’s own discretion and responsibility. (2) The Company shall not be liable for the content of the transaction (i.e., contract parties, contract terms, actions in case of default, etc.).
3. In the event of any of the following events, we may temporarily, intermittently, or permanently close the Site or suspend, discontinue, or change all or part of the Service without prior notice to users, and in such cases, we shall not be liable for any damage, loss, or disadvantage incurred directly or indirectly by the user. In this case, the Company shall not be liable for any damage, loss, disadvantage, etc. directly or indirectly incurred by the user.
(1) In the event of natural disasters such as fire, earthquake, flood, lightning, typhoon, heavy snowfall, etc.
(2) In the event of social unrest such as war, civil war, terrorism, riot, or disturbance
(3)When telecommunication services caused by telecommunication services provided by Type I telecommunication carriers or other telecommunication carriers become unavailable
(4) When performing periodic or temporary maintenance of the computer system used to provide the Service (hereinafter referred to as the “System”) (5) When performing periodic or temporary maintenance of the computer system used to provide the Service (hereinafter referred to as the “System”)
(5)System operation becomes difficult due to system malfunction, unauthorized access from third parties, computer virus infection, etc.
(6) In response to a request from an administrative or judicial agency
(7) In the event of any other reasonable cause that necessitates the suspension or discontinuation of the operation of this site or system, or the provision of this service.
4. If a user causes any damage to a third party by using all or part of the Service, the user shall resolve the matter at the user’s own responsibility and expense, and shall not cause any damage, loss, or disadvantage to the Company.
5. The provisions of paragraphs 1 through 5 above shall not apply in the event of intentional or gross negligence on our part or in the event that Article 8.1 of the Consumer Contract Act applies.
Article 12 (Prohibited Matters)
1. Users shall not commit any of the following acts, and in the event that a violation of this rule results in damage to the Company or a third party, the user concerned shall be liable to compensate the Company or the third party for all such damage.
(1)Actions that cause or may cause annoyance, disadvantage, or damage to other users, third parties, or the Company
(2)With respect to any product or service provided by the Company, any act of delay in payment of fees or other obligations, refusal or inability to receive a product for an extended period of time, or refusal to return or exchange a product without justifiable reason.
(3)Any act that violates or may violate these Terms of Use or any other terms and conditions stipulated by the Company
(4) Infringe or threaten to infringe the copyrights, trademarks, design rights, patent rights, utility model rights or other intellectual property rights (including, but not limited to, business interests protected under the Unfair Competition Prevention Law) of other Users, third parties or the Company (iii) Any act that infringes or may infringe portrait rights, personality rights, privacy rights, publicity rights, or any other rights.
(5) Use of content provided by the Company through the Service for purposes other than personal use.
(6) Reproducing, selling, publishing, distributing, or publicly disclosing Content obtained through the Service via other Users or other third parties, or any other similar acts.
(7) Collecting, storing, or saving the personal information of other users
(8) Use of the Service, in whole or in part, for commercial purposes (except those approved in advance by the Company).
(9)Any act that offends or may offend public order and morals or any other act that violates or may offend laws and regulations
(10)Uploading computer viruses, computer code, files, programs, etc. designed to interfere with, destroy, or limit the functionality of computer software, hardware, or telecommunications equipment to the Service or transmitting them by e-mail or other means
(11) Accessing the Service or obtaining information about the Service by crawling (programs such as crawlers, robots, or spiders), scraping, or other similar means
(12)Any act of providing false or misleading information to the Company in connection with an application under Article 7, Paragraph 2 or any other use of the Service.
(13)Actions that use or may use a third party’s authentication information with or without permission from the third party, or actions that we deem to have the potential to do so
(14)Acts of allowing a third party to use the authentication information, or acts that we deem to have the potential to do so.
(15)The user’s whereabouts become unknown or the Company is unable to contact the user.
(16) Excessive cancellation of orders or return of products, or any other actions that may interfere with the operation of this service or disrupt this service
(17)Other acts that the Company deems inappropriate
2. The User agrees to indemnify the Company or any third party from and against any damages (including attorney’s fees) arising out of or in connection with any violation (including minor violations) of the preceding paragraph. 2. The user shall indemnify us or any third party for any damages (including attorney’s fees) arising out of or in connection with a violation (including minor violations) of the preceding paragraph. The user shall compensate us or a third party for all damages (including attorney’s fees) arising out of or in connection with a violation (including minor violations) of the preceding paragraph.
3. The provisions of the preceding two paragraphs shall not apply in the event of intentional or gross negligence on our part or in the event that Article 8.1 of the Consumer Contract Act applies.
Article 13 (Exclusion of Antisocial Forces)
1. The Subscriber represents and warrants to the Company that
(1)The applicant is not a member of a crime syndicate, a company affiliated with a crime syndicate, a general meeting house, or a person equivalent thereto, or a member thereof (hereinafter collectively referred to as “Anti-Social Forces”). (2) You are not a member of an anti-social force.
(2)If the Subscriber is a juridical person, its own officers must not be antisocial forces.
(3)You will not use the Service to have antisocial forces use your name or to provide benefits to antisocial forces.
(4)You will not use threatening language or violence against us, either by yourself or by a third party.
(5)Not to use deception or force to obstruct our business or damage our credibility, either by themselves or by a third party.
2. In the event that a User violates any of the items of the preceding paragraph, we may, without notice or demand, terminate the sales contract with such User or take any other measures stipulated in these Terms and Conditions. In addition, said user shall compensate us for any damages (including attorney’s fees) incurred by us as a result of said violation. In addition, said user shall compensate the Company for any damages (including attorney’s fees) incurred by the Company due to said violation.
3. The Company shall not be liable for any damages incurred by the user in connection with the measures described in the preceding paragraph.
Article 14 (Intellectual Property Rights)
1. All copyrights (including rights under Articles 27 and 28 of the Copyright Act) and other intellectual property rights in the content provided through the Service shall be owned by the Company or other legitimate right holders such as authors (hereinafter referred to as “Intellectual Property Right Holders”). All other intellectual property rights belong to the Company or other legitimate right holders such as authors (hereinafter referred to as “Intellectual Property Right Holders”). The copyrights (including rights under Article 27 and 28 of the Copyright Act) and other intellectual property rights of the contents provided through the Service shall belong to the Company or other legitimate right holders such as authors (“Intellectual Property Right Holders”).
2. Regardless of the purpose, users shall not engage in any act that infringes on the copyrights or other intellectual property rights of intellectual property rights holders, such as copying, reprinting, or any other secondary use of the Content. If such acts are found, legal action may be taken immediately.
3. In the event that any dispute arises with an intellectual property right holder other than the Company or any other third party in violation of the provisions of this Article, the user shall resolve the dispute at his/her own responsibility and expense and shall not cause any damage, loss, or disadvantage to the Company.
Article 15 (Matters not stipulated, Governing Law, Court of Jurisdiction, etc.)
1. Upon use of the Service, any matter not stipulated in these Terms of Use or any question arising from their interpretation shall be resolved through discussion between the Company and the user in good faith.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan. These Terms and Conditions shall be presented and interpreted exclusively in Japanese.
3. The Tokyo District Court shall be the court of exclusive jurisdiction in the first instance in the event that a lawsuit becomes necessary in connection with the use of the Service.
2022 Year 06 June 04 Date enacted: June 04, 2022