terms of service
terms of service
Article 1 (Purpose)
- These Terms of Use are the conditions for the use of this service (regardless of the type of computer, smartphone, or other terminal used, and includes use through websites and applications) and the rights and obligations between the Company and the user. The purpose is to define relationships.
- Users shall comply with these Terms of Use when using this Service.
- During the term of this usage agreement, the user may use this service within the scope of the normally assumed purpose of use of this service and in accordance with these terms of use.
Article 2 (Definition)
The following terms used in these Terms of Use shall have the meanings set forth below.
(1) "User" refers to a corporation or organization that has concluded a usage agreement with the Company pursuant to Article 3, and a person to whom the Company has granted permission to use the Service.
(2) “Usage Agreement” refers to the agreement regarding the use of this Service concluded between the Company and the User.
(3) “Our Site” means the website “ "MARILYN MOON official online shop ".
(4) "Usage Fees" refers to all fees and expenses determined by the Company as consideration for the use of this Service.
(5) "Content" means any information that users can access on this service or our site (including, but not limited to, text, images, videos, audio, and other data). .
(6) “User Content” means content that a User uploads or transmits to the Service.
(7) "Intellectual property rights" refers to patent rights, utility model rights, trademark rights, design rights, copyrights, and other intellectual property rights (obtaining such rights or applying for registration, etc., of those rights) ).
(8) "Anti-social forces, etc." refers to organized crime groups, members of organized crime groups, persons who have ceased to be members of organized crime groups for less than five years, quasi-members of organized crime groups, companies affiliated with organized crime groups, corporate racketeers, etc., and those who advocate for social movements. or special intelligence violent groups, etc., and other persons equivalent to these.
(9) "Laws, etc." is a general term for laws, cabinet orders, ministerial orders, notifications, regulations, ordinances, court judgments, decisions, orders, or enforceable administrative dispositions, guidelines, and other regulations.
(10) "Usage Period" means the period from when a user accesses, views the Service, or purchases a product until the product is delivered to the user.
(11) "Personal information" refers to information about individuals as defined by Article 2, Paragraph 1 of the Act on the Protection of Personal Information.
Article 3 (Application for this service)
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Those who wish to use this service (hereinafter referred to as "Registration Applicants") agree to comply with these Terms of Use and provide information specified by the Company (hereinafter referred to as "Registration Information"). You can apply for registration by providing it to us using the method specified by us. Furthermore, if an individual belonging to a corporation or other organization applies for registration on behalf of that organization, that individual will be deemed to have the legitimate authority to apply on behalf of that organization.
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Those who wish to register are deemed to have agreed to these Terms of Use at the time they apply for registration.
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The Company will determine whether registration is possible according to the Company's standards and will notify the applicant of the result. Registration is complete and this User Agreement comes into effect when the Company notifies you that registration is approved.
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If the Company determines that the applicant falls under or is likely to fall under any of the following items, registration may be refused. Please note that even if your registration application is not approved, we are not obligated to disclose the reason. (1) If all or part of the registered information provided to the Company is false, contains errors, or is omitted; (2) If the user belongs to, or has belonged to, antisocial forces, etc., or other antisocial forces; (3) If you have been subject to measures such as refusal or cancellation of your registration for use of this service or other services of our company in the past, you may have been subject to suspension of use based on Article 10 or If the usage contract is canceled, or if the contract or other agreement with the Company is violated. (4) In other cases where the Company deems the registration inappropriate.
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If a user falls under any of the items in the preceding paragraph during the validity period of this usage agreement, the user must immediately notify the Company.
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If there is an error or change in the registered information, the User must notify the Company of the content in accordance with the method prescribed by the Company or make corrections or changes on the Service themselves.
Article 4 (Account)
- Users shall safely manage and store their IDs, passwords, and other information related to their accounts at their own responsibility, and take necessary measures to prevent unauthorized use by third parties.
- Users must not lend, share, transfer, change name, or otherwise allow a third party to use their account.
- If the Company confirms that the ID and password match, the Company will assume that the user who is registered as the holder of the ID and password has used the Service.
- If the user becomes aware of any unauthorized use of his or her account for this service, or use by a third party, or the possibility of such use, the user shall immediately notify the Company to that effect and follow the instructions from the Company.
Article 5 (Usage fee)
- The Company may use third-party payment processing services to settle payments and process information related to the use of the Service. The Company shall not be liable for any disputes, claims, lawsuits, rights infringements, or damages arising out of or related to the use of third-party payment processing services, except in cases where such damages are caused by the Company's intent or gross negligence.
Article 6 (Prohibited Matters) Users shall not engage in any of the following acts by themselves or any third party in connection with the use of this service.
(1) Acts that violate these Terms of Use
(2) Acts that violate laws and regulations, etc.
(3) Criminal acts or acts that encourage crime.
(4) Fraud or threats against the Company or a third party
(5) Acts that violate public order and morals
(6) Providing benefits to anti-social forces, etc., and other acts related to anti-social forces, etc.
(7) Acts that infringe on the intellectual property rights, portrait rights, privacy rights, reputation, and other rights or interests of the Company or a third party.
(8) Acts that slander the Company or a third party.
(9) Acts of transmitting the following information through this service
① Information that includes expressions that damage the honor or credibility of our company or third parties
② Information containing violent or cruel expressions
③ Information containing obscene expressions
④ Information that includes expressions that promote discrimination
⑤ Information that includes expressions that promote suicide, self-harm, etc., or inappropriate use of drugs.
⑥ False information such as fake news or information that requests its spread
⑦ Information that requests the spread of information such as spam, chain letters, etc.
⑧ Information containing illegal solicitations, advertisements, etc.
⑨ Information that includes expressions that may cause discomfort to others
⑩ Personal information or other information that does not have legal and legitimate rights or permission
⑪ Information obtained through illegal methods
⑫ Information containing computer viruses or other harmful computer programs ⑬ Information aimed at soliciting religion
(10) Acts of providing false registration information
(11) Acts of impersonating a third party
(12) Acts of using another user's account
(13) Collecting account information, etc. of other users
(14) Acts of copying, selling, publishing, or otherwise using information obtained through this service, unless expressly permitted by these Terms of Use or otherwise approved by the Company.
(15) Acts of use for the purpose of providing benefits to a third party, unless explicitly permitted in these Terms of Use or otherwise approved by the Company.
(16) Acts of copying, distributing, or illegally disclosing a part of this service
(17) Acts that place an excessive load on the Company's network or system, etc.
(18) Acts of illegally accessing our network or systems, etc., or acts of attempting to do so.
(19) Acts of changing, deleting, decompiling, disassembling, or reverse engineering programs related to this service or our site.
(20) Acts that interfere with the operation of this service
(21) Acts that damage or are likely to damage the credibility of our company.
(22) Acts that cause damage to the Company or a third party
(23) In other cases deemed inappropriate by our company.
Article 7 (Non-warranty)
- Users are responsible for preparing the equipment, communication lines, and other usage environment necessary to use this service at their own responsibility and expense.
- The Company does not guarantee that the Service will be suitable for the specific purpose of the User, that it will have the expected functions, commercial value, accuracy, usefulness, completeness, and safety, and that there will be no defects. There is no guarantee. However, if there are security flaws, errors, bugs, or other defects in the Service, the Company will endeavor to correct them as far as practicable.
- The Company makes no warranties, express or implied, regarding User Content provided through the Service or any other information provided by third parties other than the Company.
- The Company does not guarantee that the data uploaded by the User to the Service will not be lost, erased, or changed due to the use of the Service. Users shall manage their data at their own risk and perform backups as appropriate before using this service.
- The Company is not responsible for the management of services, information, personal information, etc. provided by third parties who are external service providers that collaborate with this service. Users shall use external services at their own risk.
- Users shall respond to and resolve any transactions, communications, disputes, etc. that arise with third parties in connection with the use of this Service at their own expense and responsibility.
Article 8 (Intellectual property rights, etc.)
- All intellectual property rights related to this service belong to our company or the legitimate rights holders who license our company (hereinafter referred to as "our company, etc." in this article), and the establishment of this usage agreement or the use of this service This permission does not mean that the user is granted permission to use the Company's intellectual property rights beyond the use of this service.
- Except as expressly provided in these Terms of Use, intellectual property rights related to all content such as texts, images, videos, sounds, programs, etc. provided by the Company to users in connection with the Service and these Terms of Use. All other rights and authority belong to our company, etc.
- Regarding User Content, the User represents and warrants to the Company that he or she has the legal right to transmit data, etc., and that such data does not infringe on the rights of third parties. will do.
- Intellectual property rights in User Content belong to the User. At the time of uploading content to the Service, the User grants the Company a license for reproduction, adaptation, public transmission, creation of derivative works, display, and execution to the extent necessary for providing the Service, free of charge. I assume that. Furthermore, the User shall not exercise the moral rights of the author with respect to such content.
Article 9 (Use of data)
Our company uses registration data and other data regarding users (excluding data that falls under personal information) to improve the quality of the services we provide or plan to provide, including this service, and to use them in connection with these services. The information may be used to provide information to individuals and for other purposes stipulated in our privacy policy.
Article 10 (Suspension of use and cancellation)
- If the Company determines that a user falls under any of the following items, the Company will prohibit the user from accessing the Service without prior notice, or prohibit the user from accessing the Service. You may delete all or part of the information you provided to us (hereinafter collectively referred to as "suspension of use").
(1) If you violate any of the provisions of these Terms of Use
(2) If any of the reasons for refusal of registration listed in each item of Article 3, Paragraph 4 apply.
(3) If you do not pay usage fees or other payments based on this usage agreement by the due date, and the payment delay is not resolved within 7 days after our company's prompting.
(4) If fraudulent payments related to this service are discovered.
(5) If a situation similar to the preceding items occurs
(6) In other cases where the use or registration of this service is inappropriate.
- If the user falls under any of the following items, the Company may immediately cancel this usage agreement after notifying the user.
(1) If any of the items in the preceding paragraph apply.
(2) If the user stops paying or becomes unable to pay.
(3) If there is a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or the commencement of similar procedures regarding the User;
(4) When a resolution or decision is made to start dissolution or liquidation procedures for a user
(5) If the user who is a sole proprietor dies
(6) If the Company determines that the User's use of the Service, registration, or continuation of this User Agreement is inappropriate. -
The measures set forth in the preceding two paragraphs do not prevent the Company from filing a claim for damages against the User. In addition, the Company is not obligated to compensate for any damages or refund any money due to the measures set forth in the preceding two paragraphs.
Article 11 (Cancellation by user)
- If the user completes the cancellation procedures for this service specified by our company by the specified date and time, the termination of the contract will become effective at the expiration of the usage period of this service.
- Even if this User Agreement is terminated, the User shall be responsible for all obligations and liabilities (including, but not limited to, liability for damages) that have already arisen to the Company and third parties under this User Agreement. ) cannot be avoided.
- If the user does not complete the cancellation procedure for this service specified by our company by the specified date and time, the service will be automatically renewed according to the conditions specified by our company after the usage period of this service expires.
Article 12 (Suspension of this service)
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If any of the following apply, the Company may suspend the provision of all or part of the Service by notifying the User in advance.
(1) When regularly or urgently performing inspection or maintenance work on hardware, software, communication equipment, or other related equipment or systems related to this service.
(2) If it becomes difficult to provide this service due to computer or communication line failure, erroneous operation, excessive concentration of access, unauthorized access, hacking, or other unexpected factors.
(3) If a security problem arises regarding this service
(4) Natural disasters, war, threat of war, blockade, embargo, revolution, riot, epidemic or other epidemic, destruction or damage to property or facilities, fire, typhoon, earthquake, flood, or any other event beyond our control. Reason
(5) If the operation of this service becomes difficult due to laws and regulations or measures based on them.
(6) If the Company deems it necessary due to other reasons similar to the preceding items. -
We are not responsible for any damage caused by the measures taken by our company pursuant to the preceding paragraph.
Article 13 (Changes and additions to this service)
- The Company may make changes or additions to the content of the Service at its convenience, as long as there is no significant change in the nature of the Service.
- We are not responsible for any damage caused by the measures taken by our company pursuant to the preceding paragraph.
Article 14 (Termination of this service)
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The Company may terminate the provision of all or part of the Service by notifying the User in advance. However, in cases of emergency or other cases where it is difficult to notify in advance, we will notify you after the fact.
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We are not responsible for any damage caused by the measures taken by our company pursuant to paragraphs 1 and 2.
Article 15 (Compensation for damages)
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If damage is caused to the Company or a third party due to an act in violation of these Terms of Use by the User or for reasons attributable to the User in connection with the Service, the User is obligated to compensate for all such damage. shall be liable.
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The Company shall not be liable for any damage caused to the User in connection with the Service or these Terms of Use, unless the damage is caused by the Company's intention or gross negligence.
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In the event that a user suffers damage (limited to actual, direct and ordinary damage) due to intentional or gross negligence on the part of the Company, the total amount of compensation the Company will be liable for shall be calculated based on the amount of compensation received by the Company from the user in the past month. It shall not exceed the total usage fee.
Article 16 (Handling of personal information)
Our company handles personal information about users in accordance with our privacy policy (https●●), which is in accordance with our personal information protection policy. Users agree that our company will handle personal information in accordance with this privacy policy.
Article 17 (Exclusion of anti-social forces)
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The Company and Users agree that neither they nor their officers (directors, executive officers, executive officers, auditors, or similar persons) or employees fall under any anti-social forces, etc., and each of the following items: We hereby promise and guarantee that none of the above applies and will not apply in the future.
(1) Having a relationship where anti-social forces etc. are recognized to be controlling management.
(2) Having a relationship with anti-social forces, etc. that is deemed to be substantially involved in management.
(3) Having a relationship that is deemed to involve unfair use of anti-social forces, etc., such as for the purpose of seeking fraudulent profits for oneself, the company, or a third party, or for the purpose of causing damage to a third party.
(4) Having a relationship with anti-social forces, etc. that can be seen as involvement such as providing funds, etc. or providing benefits to anti-social forces, etc. while knowing that the person is a member of an organized crime group, etc.
(5) An officer or person substantially involved in management has a socially reprehensible relationship with antisocial forces, etc. -
The Company and the User undertake and guarantee that they will not engage in any of the following acts either themselves or through the use of a third party.
(1) Violent demands
(2) Unreasonable demands beyond legal responsibility
(3) Acts of threatening behavior or using violence regarding transactions.
(4) Acts of spreading rumors, using fraudulent means or force to damage the credibility of the other party, or disrupting the other party's business.
(5) Other acts similar to the preceding items. -
If the other party violates this article, the Company and the user may immediately cancel this usage agreement without requiring any notification or other procedures.
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Even if the other party suffers damage due to cancellation pursuant to this article, neither the Company nor the User shall be obligated to compensate for such damage. In addition, you may claim compensation from the other party for any damage caused to you as a result of such cancellation.
Article 18 (Changes to these Terms of Use)
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Our company may change these Terms of Use if any of the following items apply.
(1) When changes to these Terms of Use are compatible with the general interests of users.
(2) Changes to these Terms of Use do not contradict the purpose of the contract, and are reasonable in light of the necessity of the change, the appropriateness of the changed content, the content of the change, and other circumstances surrounding the change. One day -
In the case of the preceding paragraph, the Company shall, at least 7 days before the effective date of the revised Terms of Use, inform the Company of the fact that the Terms of Use will be changed, the contents of the revised Terms of Use, and the effective date thereof as appropriate. We will notify you by the method we determine (such as posting on our website/services, sending e-mail to users, etc.).
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Users who do not agree to the changes to these Terms of Use shall cancel this User Agreement by the day before the effective date of the changes set forth in the preceding paragraph. If you do not cancel this usage agreement by the effective date and continue to use this service, you will be deemed to have agreed to the changes.
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In addition to the provisions set forth in Paragraph 1, the Company may make changes to these Terms of Use with the consent of the User.
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The Company shall not be liable for any damage caused to the User due to changes to the Terms of Use based on this article.
Article 19 (Prohibition of transfer of rights and obligations)
Users may transfer or transfer their status under this User Agreement or any rights or obligations under this User Agreement to a third party (including in the case of a merger or company split) without prior written consent of the Company. It must not be collateralized or otherwise disposed of.
Article 20 (Severability)
Even if any provision or part of these Terms of Use is determined to be invalid or unenforceable under laws and regulations, the remaining provisions or parts of these Terms of Use will remain in full force and effect. The Company and the User shall amend the invalid or unenforceable clause or part to the extent necessary to make it lawful and enforceable, and correct the purpose of the invalid or unenforceable clause or part and the legal and Efforts shall be made to ensure economically equivalent effects.
Article 21 (Consultation)
In the event that any doubt arises regarding the interpretation of these Terms of Use, or regarding any matter not stipulated in these Terms of Use, the Company and the User shall resolve the matter through consultation in good faith.
Article 22 (Governing law and jurisdiction)
- This User Agreement shall be interpreted in accordance with Japanese law, with Japanese law as the governing law.
- Regarding disputes regarding this User Agreement, the Osaka District Court or Osaka Summary Court shall have exclusive jurisdiction of the first instance, depending on the amount of the lawsuit. The same shall apply in the case of mediation.