1.These Terms shall apply to any relationship concerning the use of the Services between the Customer and MOYURU.
2.MOYURU may establish various provisions, other than these Terms, regarding the Services such as the sale of products sold on the Website (the “Individual Provisions”). The Individual Provisions, regardless of their designations, shall constitute a part of these Terms.
3.If the provisions of these Terms contradict with the Individual Provisions, unless otherwise specified in the Individual Provisions, the Individual Provisions shall prevail.
2. Registration for Use
1.Of the Services, the sale of products on the Website and other services for registered users separately set forth by MOYURU shall be provided to the Customer who has completed the registration for use pursuant to this Article 2 (the “User”).
2.The registration for use shall be completed when the Customer wishing to use the service for registered Users consents to these Terms and applies for the registration for use pursuant to the method set forth by MOYURU, and MOYURU approves such application.
3.If MOYURU determines that any of the following reasons apply to the applicant for the registration for use, MOYURU may not approve the application for registration for use and shall not bear any obligation to disclose the reasons therefor:
- 1.If any false matter is notified of when applying for the registration for use;
- 2.If the application is from a person who has breached these Terms before;
- 3.If the applicant is determined by MOYURU to (i) be an organized crime group, an organized crime group member, a right-wing group, an anti-social force, or other person similar thereto (“Anti-Social Forces”), or (ii) have any interaction or involvement with Anti-Social Forces, such as cooperating with or being involved with the maintenance, operation or management of Anti-Social Forces by providing funds or by other means; or
- 4.If MOYURU otherwise determines that the registration for use is inappropriate.
3. Management of User ID and Password
1.The User shall properly manage the User ID and password for the Services at its own responsibility.
2.The User may not assign, loan nor share with a third party the User ID and password in any instance. If the combination of the User ID and password matches the registered information and is used to log in, MOYURU will deem such use to be that of the User who has registered that User ID.
3.MOYURU shall not bear any responsibility for damages that arise due to the User ID and password being used by a third party, except in instances of any willful misconduct or gross negligence by MOYURU.
4. Usage Fee and Payment Method
1.The Customer shall pay the usage fee separately set forth by MOYURU and indicated on the Website (including the prices, shipping fee, etc. of the products sold on the Website; the same applies hereafter) as consideration for the paid portion of the Services by the method specified by MOYURU.
2.If the Customer’s payment of the usage fee is delayed, the Customer shall pay a late penalty according to a rate of 14.6% per annum.
5. Prohibited Matters
The Customer may not engage in the following acts in using the Services:
1.An act that violates the laws and regulations or the public order and standards of decency;
2.A criminal act or an act related thereto;
3.An act that infringes the copyrights, trademark rights or other intellectual property rights of MOYURU, another Customer or other third parties;
4.An act that damages, interferes with, etc. the server or network function of MOYURU, another Customer or other third parties;
5.An act of commercially using the information acquired through the Services;
6.An act that interferes with, or is likely to interfere with, the operation of MOYURU’s services;
7.An unauthorized access or an act of attempting to do so;
8.An act of collecting or accumulating personal information, etc. concerning other Customers;
9.An act of using the Services with an illicit purpose;
10.An act that causes prejudice, damages, discomfort, etc. to other Customers of the Services or other third parties;
11.An act of pretending to be another Customer;
12.An act of promoting, advertising, inducing or selling on the Services that is not allowed by MOYURU;
13.An act of directly or indirectly granting benefits to Anti-Social Forces in connection with MOYURU’s services; and
14.An act otherwise determined by MOYURU to be improper.
6. Suspension of Provision of Services, etc.
1.If MOYURU determines that any of the following events apply, MOYURU shall be able to suspend or discontinue all or a part of the Services without notifying the Customer in advance:
- 1.If a maintenance inspection or renewal of the computer system for the Services is conducted;
- 2.If the provision of the Services becomes difficult due to force majeure, such as earthquake, lightning, fire, power outage, natural disaster, or infection disease;
- 3.If computers, communication lines, etc. are suspended due to an accident; or
- 4.If MOYURU otherwise determines that the provision of the Services is difficult.
2.MOYURU shall not bear any liability for any prejudice or damages incurred by the Customer or any third party due to the suspension or discontinuance of the provision of the Services.
7. Attribution of Rights
Any rights (ownership, intellectual property rights, portrait rights, publicity rights, etc.) concerning the software and materials (which mean the words, photographs, images, audio, etc.) constituting the Website and the Services shall all belong to MOYURU or a person that has granted a license to MOYURU.
8. Usage Restrictions and Cancellation of Registration
1.If any of the following applies to the Customer, MOYURU shall be able to restrict the use of all or a part of the Services and cancel such Customer’s registration as a User without advance notice. When MOYURU or a third party incurs damages due to any of the following applying to the Customer, the Customer shall be liable for compensating all of such damages:
- 1.If any provision of these Terms is breached;
- 2.If it is discovered that there is a fact of a falsehood in the registered matters;
- 3.If there is a default of a payment obligation of the usage fees, etc.;
- 4.If any item in Article 2(3) applies; or
- 5.If MOYURU otherwise determines that the use of the Services is improper.
2.MOYURU shall not bear any liability for damages incurred by the Customer due to an act by MOYURU under the preceding clause.
The User shall be able to withdraw from the services for registered Users pursuant to the withdrawal procedures set forth by MOYURU.
10. Waiver of Warranties and Disclaimers
1. MOYURU does not warrant, whether expressly or implicitly, the safety, reliability, accuracy, integrity, validity or fitness for a particular purpose of the Services, nor that the Services do not have any defects, errors or bugs or infringe any rights, whether in fact or under the law.
2. Unless prohibited by the law (including, but not limited to, the Consumer Contract Act of Japan), MOYURU will not bear any liability for any damages incurred by the Customer as a result of a default or tortious act due to MOYURU’s negligence (excluding gross negligence) that arises due to special circumstances (including if such damages were foreseen or were foreseeable by MOYURU or the Customer) or for any and all damages incurred by the Customer as a result of the Services.
3. Notwithstanding the provisions of the preceding clause, the maximum amount of the compensation of damages incurred by the Customer as a result of a default or tortious act due to MOYURU’s negligence (excluding gross negligence) if MOYURU is determined to be liable will not exceed the total amount of the usage fees that MOYURU receives from the Customer during the six (6) month period going back from the day such damages occur.
4. MOYURU will not bear any liability for any transactions, communications, disputes, etc. arising between the Customer and other Customers or other third parties concerning the Services.
11. Changes to Service Contents, etc.
MOYURU shall be able to change the contents of the Services and terminate the provision of the Services without notifying the Customer, and will not bear any liability for damages incurred by the Customer as a result thereof.
If any of the following applies, MOYURU shall be able to amend these Terms at any time, without obtaining the Customer’s consent, by publishing in advance on the Website that these Terms will be amended, the contents of the amended Terms and the effective date thereof:
13. Handling of Personal Information
14.Notifications and Communications
Notifications and communications between the Customer and MOYURU shall be made by the method set forth by MOYURU. MOYURU will deem the contact information that is currently registered to be valid and will notify or contact such contact information, unless there is a notification of change from the User pursuant to the format separately set forth by MOYURU, and such notifications and communications shall be deemed to have arrived at the User at the time of transmission.
15. No Transfer of Rights and Obligations
The Customer may not transfer or provide as collateral its status in the contract between MOYURU and the Customer concerning the Services nor any rights or obligations under such agreement without the prior written consent of MOYURU.
16. Governing Law and Jurisdiction
The interpretation of these Terms will be governed by the laws of Japan.
If a dispute concerning these Terms or the Services arises, the court having jurisdiction over the location of the head office of MOYURU will be the court with exclusive jurisdiction of the first instance.
Enacted: 07 31, 2020