Terms of Service
The Terms and Conditions (Hereinafter referred to as the "Terms") establish the conditions of the provision of the service and the rights and obligations assumed and agreed between KIRARITO.INC (Hereinafter referred to as the “Company" ) and the members of this service. Upon use of this service, reading the full text of this agreement, you shall agree to the Terms.
Article 1 (Scope)
1.This Term, which defines the rights and obligations assumed and agreed between Company and the members on the use of the services and the conditions of the provision of the service, is applied to any relationship that involves the use of this service assumed and agreed between the member and the Company.
2. If the contents of the Terms differ from other terms and explanations/descriptions on the service, the Terms is deemed to prevail.
Article 2 (Applicable Range and Revision)
1. The Terms shall determine Company’s relationship with Users who use this Site that Company provides. It shall be also applicable to the legal relationships between Graphicker and Client, between Members and between others concerned, all of which arise out of the use of this Site. Company may change the Terms without Users’ consent. Company is not liable for the damage that the modification or addition may cause to Users, whether such damage is direct or indirect, whether or not it is foreseeable. The revised Terms is effective as of the time when Company announces it and displays. Users have an obligation to check regularly the latest version of the Terms.
2. The provisions in the Terms that determine the legal relationship between Graphicker and Client shall be applicable to the transaction between Members and the legal relationship between the concerned parties unless otherwise agreed between the parties,
3. As business operaters referred to in Consumer Contract Act 2, paragraph 2, Graphicker and Client are deemed to agree to the provisions in the Terms that determine the legal relationships between Graphicker and Client, between Graphicker or Client and Company, and between Graphicker or Client and other Members or third parties.
4. Besides the Terms, User Guide and the Guidelines on the use of the side are deemed to constitute the Terms. On the use of the Site, Members have an obligation to comply with the User Guide and the Guidelines.
Article 3 ( definition )
The following terms used in this Term shall have the meaning set forth below .
(1) "Site" The Site that KIRARITO.INC provides on the online "Graphicker" site
(2) "Company" Ltd. KIRARITO
(3) "Member" Individuals and corporations that has completed the designated membership registration in order to use this site and for whom the Company has approved the membership registration.
(4) "User" Individuals and corporations allowed to use this site, which include Members , applicants that has applied the membership registration and visitors of this site
(5) "Service" Any of the services provided by the Company to the Members in this Site
(6) "computer viruses , etc." the programs including computer viruses , worms and Trojan horses that cause computers, peripherals , network , the data and software the adverse effects such as malfunction , erasion , data rewriting , etc.
(7) "Graphicker" the Member who posts and makes a proposal about works to work in the Site
(8) "Client" the Member who offers Graphicker a work in this site.
(9) "Select" the action in which the Client selects among the work products posted by Graphicker
(10) "Assign" the action in which the Client selects the Graphicker among the applicants to meet their requirements.
(11) "Competition method" the method that in this Site Client offers a work to unspecified number of Graphickers. Graphickers post their work products with no recompense. Client compensates to the Graphicker(s) who posted the work product(s) Graphicker selected.
(12) "Project method" the method that in this site Client offers a work to an unspecified number of Graphickers and accepts the applications from Graphickers. Client "assigns" the work to Graphiker(s) who meets the requirements to work with if both of them agree. Or the method that in this site Client offers a work to specific Graphickers. Client selects the Graphicker(s) among the one who accepted the offer who meets the requirements. Client "assigns" the work to the Graphiker(s) who meets the requirments to work with if both of them agree.
(13) "Personal Information" the information on individuals. The information which can identify a specific individual with the date of birth or any other descriptions. (The information that can be collated easily with other information to identify a specific individual)
(14) "receiving agent service" the service in which a receiving agent collects the service fee from Client that shall be paid to the Company with the Company's commission and on behalf of the Company. Or the service in which a receiving agent collects the remuneration or other money from the Client that shall be paid to a Graphicker with the Graphicker's commission and on behalf of the Graphicker. The service assumes PayPal, for example.
(15) "anti-social forces" a gang as defined in the "Law on Prevention of unfair conduct by gang members" as well as its related organizations
(16) "Stealth marketing, etc." the advertising or its facilitating act with which business operators who offer services or products attract clients/customers without letting them aware that they promote the selling.
Article 4 (membership registration)
1. The membership registration shall be preceded by the person to be a member. No registration done by any other people than the person to be a member shall be accepted.
2. No membership registration is allowed with false information upon using this Site.
3. Any change in the registration details shall be reflected to the registration content by a Member immediately. Member is responsible for managing and modifies the contents to make their information always accurate and up-to-date. Contact information is requisite for the registration.
4. Member is allowed to possess a single account and not to have multiple accounts unless the Company approves otherwise.
5. Members, in any circumstances, shall not put the account on transfer, sale, rent and other disposal for a third party.
6. Company shall not accept any liability for the damages to the member which are caused by the member’s violation of the provisions of this section. Company shall not be liable for the damages to the third party which is caused by the member’s violation of the provisions of this section. The liability to the afflicted third party shall be solely attributed to the Member in such a case.
Article 5 (membership qualification)
1. The conditions of membership registration to this Site is deemed to be the following.
(1) he/she shall be eighteen years of age or older
(2) he/she/it shall agree to the Terms
(3) he/she/it is/was not a member of anti-social forces. he/she/it never uses/used anti-social forces and his/her/its major investors, executives or regular employees are not a member of the anti-social forces
2. Notwithstanding the provisions of the preceding paragraph, if it is recognized that there are grounds stipulated in each of Paragraph1, Article 6, Company is entitled to turn down the application of the membership registration.
3. Even though Company turns down the application for the membership registration, Company shall not have any obligation to disclose or detail the reason of the rejection to the applicant. Company also shall not be liable to the afflicted applicant for the damage caused by the rejection.
Article 6 (cancellation of membership, etc.)
1. If a member falls under any of the following items, the Company may cancel or temporarily suspend the membership, or cancel the rights associated with the membership, or, refuse the use of this Site in the future.
(1) When the application was made with false or misleading information.
(2) When the member has the history that he/she/it failed to fulfil contractual obligations of the transaction in the services Company provides or failed to fulfill its contractual obligations of the transactions with other Users. Also when the Company deems that there is a possibility that he/she/it fails again in future
(3) When Member violate countries’ applicable law or this Terms and the relevant terms (collectively hereinafter referred to as the "Terms and the relevant ".)
(4) When the member has a history that he/she/it conducted the prohibited act stipulated in Article 22 in the past or when there deemed to be the risk for the member to do so in future.
(5) When fraudulent acts were conducted.
(6) When it became clear that the Member does not meet the membership requirements, or not meet any longer.
(7) for whatever the reason, when the trouble with the other members and third parties exceeds a certain level
(8) For whatever the reason, when the complaint received from other members or third parties exceeds a certain level. Such complaints for Graphicker include the complaints Company receives from the Client about his/she/its work level, speed and quality.
(9) When login was not made in certain number of times or more within a certain period of time
(10) When Company concludes reasonably that it is difficult to maintain the continuous provision of this Site.
(11) When the transaction between he Client and Graphicker was made without using this service.
(12) In any other circumstances that the Company deems hinders its business extremely
2. The Company shall not have any responsibility for any damage caused by the measures specified by the preceding paragraph. At its own discretion, Company shall be authorized to suspend for a certain period of time the money which was to be paid to the member at the time of the measures specified in the preceding paragraph was taken or settle the transaction with any other methods than the payment that Company specifies.
Article 7 (withdrawal of membership)
If Member desires to withdraw the membership, he/she/it may do so on a specific page of this Site. However, the withdrawal is not approved if there are unfulfilled transactions when the withdrawal is requested. In such a case, Member shall fulfill the transaction without delay in accordance with the Terms. After all the transaction having been completed, Member is permitted to proceed to the withdrawal procedure.
Article 8 (about the responsibility and the role of this site on transaction)
1. This Site is the business-to-business transaction site that provides the opportunities and the information or the function to the Members who want to work and the Members who want to offer work.
2. The transaction between the members using this Site, regardless of the method, Competition or Project, shall be deemed as direct transactions between them. Company shall not be a contracting party for such transactions.
Article 9 (For use of this Site)
1. With regard to requests or proposals on work, it is assumed that Member registers the accurate and appropriate content. Any responsibility for the work and proposals registered and published in this site shall be attributed to the Member.
2. If the registered information is false, or if it corresponds to Article 22 on the prohibitions, Company is authorized to delete the data without prior notice. However, such an act does not mean that Company has the obligation of deletion, or the obligation to guarantee the registered information not false.
3. Member shall make the registered contents clear on the registration of work offer or proposals.
4. Member shall not upload proposals or files that are not directly relevant to what Client requests
Article 10 (guarantee)
1. Company does not confirm and is not responsible to confirm and guarantee the contents, the quality, the accuracy, the legality (hereinafter, including the intellectual property rights or rights non-infringement of others), the usability, the credibility, the non-obscenity etc. of the work, proposals and all other information issued by Member
2. The Company does not guarantee nor take any responsibility for the content, quality, accuracy, legality, usefulness, credibility of the contents and all other information provided by the Company within this site.
3. In addition to the preceding paragraphs, the Company shall not guarantee the content, quality and level of service, stable provision of services, and the result associated with the use of the service. In providing this site, even when inaccurate, inappropriate, unclear content, representation and act cause directly or indirectly damages to members and third parties, the Company does not take any responsibility for damages. Company shall not be responsible for the accuracy or usefulness of the advice and information provided to the user or for the realization of the User desires.
Article 11 (matters relating to service fee of this site)
1. Except the occasion stipulated in the second and third paragraph, in which Member is requested to pay the service fee, membership registration, work registration, offer registration and other service are all free of charge. It is to be noted that the amount of money involved in the transaction between Members and the following services fee does not include consumption tax fees unless otherwise stated.
2. In Competition method, if Client places a proposal of work on this site, the Client shall pay as service fee to Company the 20% of the remuneration expected to be paid from the Client to the Graphicker.
3. In the project method, if the client has assigned the matched Graphiker among the applicants, the Client shall pay as service fee to Company the 20% of the remuneration expected to be paid from the Client to the Graphicker.
4. The fee resulting from the use shall be paid by transfer money in the receiving agency service or our designated financial institutions in accordance with the conditions of the Terms. However Company shall be authorized to restrict the payment method on individual cases as needed.
5. Company does not refund the service fee to Client for any reason.
Article 12 (basic principle of transaction)
1. Regardless of the method, Competition or Projects, Members are obligated to complete the transaction between members in accordance with their established agreement. The performance, troubleshooting and other issues occurred in various work, communication and legal obligation in transactions between members shall be taken care of by Members. The Company shall not bear any responsibility for the matters relating to transactions between Members. .
2. Regardless of the method, Competition or Projects, the contracts established by using this service between the client and the Grahicker shall not be construed as employment contract or similar labor contract in any sense. Even in any form of the contract, Client shall not restrict the Graphicker’s location and time to work by indication or intendance. Client shall not command Graphicker about work contents and method beyond the extent necessary for commissioning the work. Any agreement between the Client and Graphicker contrary to these statements shall be declared invalid. The provisions of this section shall prevail over any agreement between the Client and the Graphicker.
Article 13 (transactions between members)
1. If Client selects the work product of Gurafikka in Competition method , or, if Graphicker assigned by Client in the Project method delivers the work product by uploading on this Site, Client shall pay Graphicker the 80% of the amount offered by transferring the money to the receiving agency or financial institutions that Company specifies.
2. On the assignment in Project Method or on the selection in Competition method, the contract between Client and Graphicker shall be established. Unless special agreement is made between the Client and the Graphicker, the contract in these cases shall be the assignment agreement on all transferable rights of the work product including the copyright (the rights mentioned in copyright law Article 27 and Article 28 included. ).. (Hereinafter such type of contract on the transaction between Members shall be called simply as "assignment agreement").
3. When the contract stipulated in the previous paragraph being established, all transferable rights (the rights mentioned in copyright law Article 27 and Article 28 included. ) of work product shall be transferred to Client from Graphicker. The remuneration Graphicker receives is the consideration for the deliverable.
4. When Client desires the change or modification of the work product to be selected, or when Client desires to confirm the form/file format of work product, or copyright and other rights content, or to confirm other matters, such demand shall be made before the selection or assignment stipulated in the paragraph 2. After the selection or assignment, the client shall not be entitled to demand such modifications or confirmation etc without the consent of Graphicker
5. Notwithstanding the provisions of paragraph 3, after a lapse of three months after Graphicker created the product with the use of this service and delivered to Client, Graphicker is authorized to publish it on this site. Client shall not object to this.
6. Notwithstanding the provisions of paragraph 3, and only for the purpose stipulated in paragraph 5, Graphicker is authorized to make a change, modification and the like for the product that was delivered to the Client. Client shall not object to this.
7. Member that has not been selected or assigned in the paragraph 2, shall not be entitled to demand Company nor Client any accountability or compensation.
Article 14 (settlement method)
Unless Company expresses separately settlement conditions, the settlement procedures in this service shall follow receiving agency or settlement agency or financial institutions Company specifies
Article 15 (About copyright for work products)
1. The profile Member created in this site and the copyright and other right of the work product (the right stipulated in copyright law Article 27 Article 28 included) shall belong to the Member who created them unless they are transferred by the transaction between Members.
2. Graphicker warrants to Client that Graphicker has the copyright and other rights to use the work product to be delivered to Client and that Graphicker does not infringe any copyright or other rights of the material such as picture permitted to use by the third party. If the fact contrary to the claim is disclosed, Graphicker shall be liable for the delivery of the product, the damage incurred, and other issues. The problem in such a case shall be resolved between Client and Graphicker and Company shall have not responsibility for it.
3. Graphicker shall not exercise the moral right against Client and Client’s trading partner about the work product whose copyright and other rights were transferred to Client
Article 16 (compliance)
1. On the transaction between Members Member is obligated to comply with applicable laws and regulations of each country. Among them the following is included, but is not comprehensive.
(1) When transaction between Members is subject to "Act against Delay in Payment of Subcontract Proceeds, Etc. to Subcontractors" Client as parent company shall comply with the act. Regardless of the presence or absence of the application of the law, the Client shall not perform any act in violation of the antitrust laws and unfair trade practices against other antitrust laws set forth in the Fair Trade Commission notice, etc. related to this.
(2) When transaction between Members rewards the remuneration to Grahicker and Client has the duty to withhold the amount by applicable laws of each country, the client shall fulfil the obligation of the payment of withholding tax and of the delivery of such as payment record.
2. Member shall declare and warrant that he/she/it is/was not anti-social forces and do not use the anti-social forces. Member shall declare and warrant that he/she/ it does not slander the reputation and credits of Company, of Members or of Users nor obstruct their business, nor try to enforce undue claims by, for example, claiming the anti-social forces. Member shall declare and warrant that he/her its major investors, executives or regular employees are not a member of the anti-social forces.
3. The Company shall not bear any responsibility for nor guarantee the compliance of applicable law over the transaction between Members.
Article 17 (Confidentiality)
1. Confidential information include the information that the other party discloses on the transaction or in the process of agreeing the transaction stating as confidential, all the information about the request, all the information on the request opted for non-disclosure, the confidential information obtained during the transaction and personal information that the other party holds. Member shall hold and maintain all such information as confidential and do not use outside the concerned transaction nor reveal to a third party.
2. Notwithstanding the provisions of paragraph 1 of this Article, the information Member proves corresponds to one of the following will be excluded from the confidential information. However, the personal information will be applied to section 6 only
the information that:
(1) is already known to public
(2) is a matter of public knowledge after the disclosure of confidential information though no fault of the receiving party.
(3) was already in the receiving party’s possession at the time of the disclosure from disclosing party.
(4) is rightfully received by the receiving party from a third party without a duty of confidentiality.
(5) is approved by the disclosing party in writing to reveal to a third party.
(6) is required by law or final decision, etc.
3. On the use of the confidential information, the information shall be disclosed to the minimum number of employees to achieve the disclosure purposes. In this case, the receiving party shall supervise or take necessary measures over the employees and prevent them from divulging the information or using for other purposes.
4. Members treats confidential information in the confidential, shall be obliged to adopt a reasonable safety management system and leakage prevention measures.
5. Prior to the transaction, Member will enter into a separate confidentiality agreement if necessary in order to encourage the mutual preservation of confidentiality. Regardless of the presence or absence of the conclusion of the confidentiality agreement, Members who express that he/she/it agrees to this section are deemed to accept the confidentiality obligations set forth to each other in this Article on the transaction between Members.
6. Company does not guarantee nor bear any responsibility for the preservation of confidentiality in the transaction between Members.
Article 18 (contact method between members)
1. When Member desires to contact with the other party Members of the Member in transaction, Members shall use the message function installed on this site or other communication means that Company specifies. Obtaining the contact information of the other party Member is prohibited.
2. Notwithstanding the preceding, when the request from Member relating the preceding paragraph is the order from the court, the Public Prosecutor's Office, or government agency, or is based on the laws and regulations of section 2 of the Lawyers Act Article 23, Company may disclose the contact information of the other Member on transactions to the Member who places the request.
3. Received a disclosure of Member’s contact information of the based on the preceding paragraph, the Member uses the information only for the performance of their obligations due to the transaction. Member shall not use it for other purposes such as direct contact outside this site or to solicit such an action. Member shall not disclose the information to any third party.
Article 19 (arrangement of the environment for the usage)
The User shall prepare the communications equipment, software, other all accompanying equipment necessary to use this Site at his/her/its own expense and responsibility to make the site available. In addition, User shall access this site via any of telecommunications services at his/her/its own expense and responsibility.
Article 20 (principle of self-responsibility)
User shall take all the responsibility for his/her/its use of the site and for all the conducts that has been made in using the site with consequent results. When User is given the damage to this site or others through the use of this site, the User shall compensate the damage with a self-responsibility and at his/her/its own expense.
Article 21 (management of Member account)
1. Member shall manage the registered member ID and password and relevant issues at individual discretion. Member shall not transfer, sale, rent, lease or dispose in any type of action the membership, member ID and password to third parties.
2. Any act done by using the member ID and password, even if by illegal use of a third party without the consent of the Member shall be attributed to the Member who holds the member ID. Company shall not liable for any damage caused by such an act whether it is intentional or not.
3. If the information of the member ID and password is leaked to a third party, or if there is the concern as such, please contact Company immediately. However, though Company may suspend or terminate the use of the service use by the member ID and password, but it does not take any responsibility for the damages caused by the information leakage.
4. Member may not demand Company the investigation, compensation and lost benefit about the theft, lost and a third party’s illegal use of member ID or of other relevant information, which led to temporary suspension of the service.
Article 22 (prohibition)
1. The Company prohibits the User the following conducts. If the user performs an action corresponding to the following, it is considered by Company to be a violation.
(1) The infringement of the intellectual property rights, privacy rights, portrait rights and other rights of other Users, Company or others. The act that affects the others economic damage
(2) act in violation of the Terms, etc. or laws and regulations, the act of leading to crime of fraud, etc., and to incite crime, act of abetting
(3) Act against public order and morality
(4) the act that requires permits and approvals such as medical, defense and legal document preparation and travel agency
(5) the infringement of the privacy of other Users, Company or others. the libel or slander against other Users, Company or others. Any act that causes psychological damages to other Users, Company or others. The act against Law on Proscribing Stalking Behavior and Assisting Victims. mass or long calling, the act to place the similar inquiry repeatedly and excessively. the spamming act by message function. the act with extortion when there is no obligation or reason to follow.
(6) the act associated with racism, with the discrimination against outcasts or others.
(7) The act related to dating services
(8) act on the dangerous drug
(9) The act to send or disclose his/her/its own, other Users' Company’s or others' detailed personal information (phone number, address, etc.). The act to request other party's detailed personal information
(10) The commercial use of this Site or the SIte’s accompanying functions outside the Site. Pyramid scheme, similar commercial conducts or the conduct potentially close to the scheme. The act of publishing such material that Company regards as Pyramid scheme or regards as potentially so.
(11) direct transaction without the site. act to solicit the direct transaction, or, the acceptance of solicitation. (Including the case Members who started their transaction with this Service make the transaction once again)
(12) any types of commercial act or enterprise that include but not limited to use, divert, resell, duplicate, send, translate and adapt this site or part of this site (the contents, information and function system programs, etc.). Secondary use of this site is also prohibited.
(13) The use of this site’s security holes and bugs, an unauthorized access or artificial act of generating a high load access, the falsifying or erasing this Site’s or others’ information, the act to access others’ equipment or this Site’s equipment (communication equipment, communication line, electronic computer and other equipment or software that allow this Site to provide a service. Hereinafter referred collectively as Site’s equipment.) without authority, or the act disrupt the management of the SIte. the act to disassemble, to decompile and to reverse engineer this Site.
(14) act of sending unauthorized programs such as computer virus to the Site, or act to make it receivable to others
(15) act to use this site as an advertising or promotional means
(16) act to use this site by translation and reproduction, quote, copy, copy or other similar measures.
(17) act to select him/her/itself, his/her relatives, its executives or employees, or his/her acquaintances or friends, or persons under his/her/its direct or indirect influence for his/her/its offer. or, act of impersonation to use this site
(18) In the Competition method, add extra order which is obviously different from the initial order
(19) In the Competition system, add extra proposal which is obviously different from the initial proposal.
(20) offer that does not clarify the reward (no compensation, full commission fees, etc.). act of offer that intends to acquire contingency fee (affiliate, newsletter registration, etc.)
(21) to delay the response to or to ignore the contact improperly from Company or from other party Member who enter into the transaction
(22) The act regarded as stealth marketing, etc., or, act to use the site for stealth marketing, etc.
(23) Any other activities that the Company has deemed inappropriate
2. When User is violates the preceding paragraphs and damages Company, Users or others, whether intentionally or negligently, the Member shall compensate for the damage at his/her /its responsibility and expense.
3. The contents of each article of this paragraph 1 may change or be modified or added in appropriate time with the revision of the Terms. On the use of this site, User will be obliged to confirm the latest content.
Article 23 (monitoring)
1. In its sole discretion, Company has the right to check whether Members use this service in accordance with the Terms or other regulations and whether there is any action contrary to the Terms or other regulations or any fraudulent activities.
2. The message function provided in this service allows only the sender of the message, the recipient of the message, Company and its management contractors to browse. Company browses the contents within the scope required for the provision of the service, including the monitoring mentioned in preceding paragraph as needed. Company holds the right to take appropriate measures against the conduct of the Users that Company deems the violation of the Terms or fraudulent. In such a case, Company may delete the part of or all the messages in the light of the Terms.
Article 24 (respect for intellectual property rights of third parties)
1. The user shall respect the intellectual property rights of other members and a third party.
2. If User's negligence of the obligation stipulated in the preceding paragraph brings the trouble or dispute with the right holder or the person authorized by the holder, it shall be resolved by the user's responsibility and expense without causing Company any trouble. If Company were incurred by the damage due to the incident, User is liable for it
Article 25 (temporary interruption of the Site)
1. If any of the events of the following occurs, Company may suspend temporarily this site. without prior notice to Users. In such a case, the use and expiration date of the Users in this Site may be extended.
(1) When regular or urgent maintenance of the Site's equipment is to be carried out.
(2) when fire or a power failure, etc make the provision of the Site impossible..
(3) when natural disasters such as earthquake, eruption, flood and tsunami make the provision of the Site impossible.
(4) when incident such as war, upheaval, riot, mayhem and labor dispute make the provision of the Site impossible.
(5) due to the trouble or maintenance or other issues of the facilities or the system that Company uses.
(6) When Company decides to suspend the site temporally due to the operational or technical necessity.
2. When the provision of the site is delayed or suspended due to any of the preceding paragraph or other reasons, Company shall not be liable for the damage incurred by the Users or others unless otherwise stipulated in the Terms.
Article 26 (the case of copyright infringement)
1. If you deem your copyright infringed by the Site or the work product of Members, who uses this site for the work, please advise us in the inquiry form or by post with the following information: (1) countries where copyright is applied (2) the URL in this site you find the problem with (3) description of how your copyright is infringed (4) the type of copyright you hold and believe is infringed (5) your e-mail address (6) your name, address, telephone number.
2. Even if Company receives the written notice based on the previous paragraph, Company does not guarantee to take some sort of action. The posted mail will not be returned in any circumstances. If the notice is based on the order from the court, the Public Prosecutor's Office, or a government agency, Company will deal with the case in accordance with the instruction.
3. The disputes concerning the paragraph 2 shall be resolved between the concerned parties. If Company has suffered the damage by the trouble, the concerned parties jointly shall be liable for the damage.
4. The infringement of the rights outside copyright shall be handled in accordance with this Article.
Article 27 (intellectual property rights of this site)
1. Industrial property rights, know-how, program, all rights associated with copyright and other intellectual property rights contained in the Site shall be attributable to the Company or their owners. Unless the User obtained the prior written consent from the Company, User shall not conduct any act of infringement such as imitation of the Site, use of know-how contained in this site, the duplication, adaptation of copyrighted material such as images, logo and text, and the infringement of public transmission and other rights and the infringement the other rights stipulated in preceding paragraphs.
2. Member shall consent to Company’s permanent use, publication, display, replay, modification, adaptation such as translation, public transmission, distribution of the service information that Member registers for the use of this site and consent without charge . (the information includes published proposals, published work offer and its content, the published information in profile, polished enquiries and replies between Members and the material published in the electric bulletin board and the like) However, Companying will not disclose the information that is assumed not to be disclosed, such as non-public proposals, work, project and personal information without the consent from the Members
Article 28 (assurance and Disclaimer)
1. User exempts Company from all liabilities that include the claim about the data disappearance and about the server shutdown, disputes, claim for damage. However, Company will endeavor to recover the data to the extent that is technically possible and reasonable when the data is tempered by others or is lost (except the case where the deleting was made by him/her/itself) The degree of the effort for the recovery shall grant Company the exemption from the claim for the damage of the loss or tampering of the data. The degree of effort for the recovery shall be decided and judged by Company in its sole discretion.
2. the liability and damages that the equipment, line, software,.etc incurred to User who used them and the liability and damages that the errors on using the Site incurred shall be solely attributable to the User. Company bears no responsibility for such.
3. Company does not guarantee that the contents related to the Site are free from any computer virus and the like . Company is not liable for any damage caused by that such contents contained the computer virus and the like. Company is not liable for User and the third party whether the damage is direct or indirect, whether or not it was foreseeable.
4. The Company does not guarantee the state of the provision of the service, the possibility of access and the state of use.
5. The Company will make the utmost effort to make the Site helpful to every User. However, Company's responsibility to User shall be limited to the management of the Site with reasonable efforts to the extent that User can use the Site without trouble. Company is neither responsible nor liable for any damage to Users or others caused by the defect, pause, partial deletion, change, termination and the accompanying incidents attributed to the contents of the Site.
6. The Company shall not be liable for and have no concern with any trouble related to the Site that occurred among Members or between Members or Users and third parties. Any trouble shall be resolved between the concerned parties whether in court or out of court. If Company has suffered the damage by the trouble, the parties jointly shall compensate Company all the damage and expense incurred including attorneys' fees.
7. Notwithstanding the preceding paragraphs, even in the case where Company is liable for the damage to the user for some reason, the maximum liability of Company shall be limited to the total amount of fees and other payment that Company has received from the User
Article 29 (To alter or withdraw the offer of this site)
1. With the announcement on this site, Company may change or terminate a part of this site and the service.
2. When Company terminates the site or the services after the announcement referred in the preceding paragraph, Company is not liable for the damage, loss or expenditure which may be incurred by User due to the termination. Company is not responsible for them whether the damage is direct or indirect, whether or not it was foreseeable.
Article 30 (Measures against the violations of the Terms)
1. If User has violated the Terms or other regulations or is likely to violate, or if the complaints or demand to User are reported about the use of the site and Company deems some measures necessary, or if Company deem User's conduct inappropriate for any other reason, Company may take either or some of the following measures.
(1) to stop certain activities of violation of the Terms or activities that potentially violate the Terms. To request the User not to repeat the similar activities. They are realized as injunction demand.
(2) to request the User to start the negotiation with others (including alternative dispute resolution procedures.) to resolve the complaints or demand.
(3) to demand the User to delete the information User issues or displays.
(4) to delete all or a part of the information the User issues or displays, or to put the information on closed access.
2. The provisions of the preceding paragraph does not deny the principle of User’s self-responsibility stipulated in the Terms.
3. User shall agree that the provision 4 of paragraph 1 is not to impose the obligation on Company to take the measures specified in the same paragraph. In addition, User shall exempt Company from the consequent result when the Company has taken the measures specified in each item of paragraph 1.
4. User shall agree that the measures specified in the provision 4 of the paragraph 1 may be taken without prior notice at Company's discretion.
Article 31 (penalty and damages, etc.)
1. If User violates the contractual ban in the Terms, or if his/her/its fraudulent or illegal actions caused the damage to the Company or a third party the User is liable for all the damage (including attorneys' fees and Company’s expense for the apology or the publication of the apology) incurred by Company
2. If Member makes direct contact (including the solicitation of the direct contact and the acceptance of such solicitation) without the Service, in addition to the damages stipulated in the preceding paragraph, User shall pay the penalty, the amount which corresponds to twice of the service fee that is estimated to have been paid if there is no such act (if the amount is less than ¥ 1,000,000, the amount to pay shall be ¥ 1,000,000).
3. If User violates the contractual ban in the Terms and consequently the measures of Article 6 have been taken, in addition to the damages stipulated in paragraph 1, as penalty Company may confiscate the amount equivalent to twice of the service fee from the amount that was to be paid to the Member at the time of the measures of the Article 6 being taken.
Article 32 (The purpose to collect personal information)
Article 33 (notification or contact)
1. When it is necessary to notify or contact to User, Company employs e-mails, telephone or postal mails.
2. If User deems that it is necessary to contact Company, the inquiry form or post mails will be recommended. Company does not accept the contact by telephone or visit unless Company regards it as particularly necessary.
Article 34 (exclusive jurisdiction court)
If the need of litigation between User and Company occur, the exclusive jurisdiction of the court of first instance for the User and Company shall be Tokyo District Court.
Article 35 (Governing Law)
The Terms shall be governed by the laws of Japan.