(Scope of the Agreement)
Article 1
| 1. |
The Agreement shall be applied to the Company and the Users (defined in Article 4) in relation to the provision of the Service and the use thereof. |
(Amendment of the Agreement)
Article 2
| 1. |
The Company may amend the Agreement, without providing any prior notice to Users, and without obtaining the users’ prior consent thereto. |
| 2. |
In the event that the Company amends the Agreement, the gist thereof will be noted on the top page of this site, and in addition the Agreement after the amendment will be posted on this site. Thus we request that User always check the notices, etc. on the top page when using this site. In the event that Users use this site after the Company has indicationed to the effect that there have been amendment in the Agreement, and the amended Agreement has been posted on this site, the Users shall agree that the User is regarded as having agreed to the amended Agreement. |
(Use of the Service)
Article 3
| 1. |
Users shall use the Service in accordance with the Agreement and the “Use Guide”, etc. displayed on this site as otherwise stipulated by the Company. |
| 2. |
The Company may change the contents of the Service, or to halt or suspend the Service, without providing prior notice to users, provided however, in the event that the Company judges that such changes in the contents of the Service or halt or suspension of the Service are important for the Users, it shall notify thereof to the Users on this site. The Company shall not be responsible for any damages incurred, either directly or indirectly, by the Users arising from such change in the contents of the Service, or halt or suspension of the Service. |
(User)
Article 4
| 1. |
A “User” refers to a party that uses the Service on this site, and in the event that said User uses the Service, such User shall be regarded as having agreed to the Agreement. |
(Suspension of the Service, Refusal of Purchase Orders)
Article 5
| 1. |
In the event that any one of the following items is applicable to a User, the Company may suspend the Service to the User, or refuse a purchase order, without providing any prior notice to the User. |
| (1) |
The Company learns that the User has been suspended the service or the refused its purchase order due to a violation of this Agreement and so on; |
| (2) |
The User is delinquent in the performance of the payment obligations such as the fees, etc. relating to the Service or there is some other non-performance of obligations; |
| (3) |
I The User engages in any one of the “Prohibitions” listed in Article 6; or. |
| (4) |
The User violates the Agreement in some other manner. |
(Prohibitions)
Article 6
| 1. |
Users shall not engage in the following conduct when using the Service: |
| (1) |
Stating false contents with respect to the registration items in purchase order; |
| (2) |
Illegal use of a credit card to use this service; |
| (3) |
Conduct that causes a nuisance, disadvantage or damages to another User, a third party or the Company, or conduct posing a risk of the same; |
| (4) |
Conduct that infringes on the trademark rights, copyrights, privacy or other rights of another User, a third party or the Company, or conduct posing a risk of the same; |
| (5) |
Criminal conduct, conduct violates provisions with respect to public order and good morals, or other laws and regulations, or conduct posing a risk of the same; |
| (6) |
Conduct that poses a risk of causing a hindrance to the Service, such as conduct that hinders the operation or practice of the Service; |
| (7) |
Conduct that hinders access or operation by another User; |
| (8) |
Unauthorized access to this site, or to another computer system or network that is connected to this site; or |
| (9) |
Any other conduct deemed inappropriate by the Company. |
| 2. |
In the event that a User engages in conduct falling under any one of the items noted above, the User may bear criminal or civil liability, based on the provisions of the Criminal Code, the Act Concerning the Prohibition of Unauthorized Access, the Copyright Act, the Civil Code or the Commercial Code. |
(Copyrights)
Article 7
| 1. |
All of the images, illustrations, characters, logo marks, comments and other information (hereinafter, “Information, etc.”) provided by the Company are provided by the company pursuant to the permission obtained from the right-holders of said Information, etc., and the User shall not use said Information, etc. without obtaining the permission of the right-holders, irrespective of whether this is for a charge or free of charge. |
| 2. |
In the event that, as a result of a User having violated this article, any conflicts arise between the User and a right-holder or a third party, the User shall resolve these conflicts at its own liability and expense, and moreover not cause any other nuisance or damages to the Company. |
(User Information (Personal Information))
Article 8
| 1. |
The Company will use the information about the Users obtained by the Company in connection with the use of the Service for the following purposes: |
| (1) |
Confirmation of orders and deliver the goods and services purchased or registered by the User, including: |
| ・ |
Confirmation of User’s purchases of goods or deliver of the same; |
| ・ |
Confirmation of orders for events, or deliver of tickets, etc. |
| ・ |
Confirmation of orders for e-mail message delivery service or deliver of e-mail messages |
| ・ |
Confirmation of registration for various member system services or provision of such services |
| ・ |
Sending gratuities, etc. for the questionnaires in which User cooperate; |
| ・ |
Send prizes for the prize competitions in which you have entered; or |
| (2) |
Provide and improvement of the goods and services that Users are using, or development of new services, including: |
| ・ |
Improvement of the goods, services, content of the website, etc. so that every customer can be satisfied;
|
| ・ |
Customization of the goods, services, content of the website, etc. for individual customer;
|
| ・ |
Investigation of the degree of satisfaction relating to the information or goods, etc. ordered by customers;
|
| ・ |
Utilization for improvement of the services and the development of new services by understanding customer’s using circumstances; or
|
| (3) |
Deliver of information, etc. in connection with the goods and services being provided, including: |
| ・ |
Deliver of introductions relating to the artists of the Avex Group, and to various events; |
| ・ |
Deliver introductions to the various member system services, and various other services; |
| ・ |
Request for your cooperation with questionnaires, and to report the results thereof; or |
| (4) |
Confirmation of applications and contact to those persons who have applied for auditions and student recruitments or talent recruitments, including: |
| ・ |
Confirmation of applications for auditions and to contact those persons who have applied for these; or |
| ・ |
Confirmation of applications for student recruitments or talent recruitments and to contact those persons who have applied for these. |
| 2. |
Your information may be commonly used by each company of the Avex Group only for the purposes as provided in Paragraph 1. |
| 3. |
In order to ensure security, the Company is using SSL (Secure Sockets Layer) technology for the purpose of preventing this information from being intercepted, blocked or altered, when a credit card number, etc. is input. |
| 4. |
In addition to the above, the Company handles user information in accordance with the “Avex Group Privacy Policies”. |
(Purchase of Goods)
Article 9
| 1. |
Users can purchase goods by using the Service. |
| 2. |
In the event that that a User desires to purchase a goods, the User shall order the purchase of the goods in accordance with the method specified by the Company. |
| 3. |
At the point in time when the User has pressed the purchase button for the order in the preceding paragraph, and a display to the effect that a purchase order has been received is indicated, a sales contract relating to said goods, etc. (hereinafter, “the Contract”) shall be concluded between the User and the Company. |
| 4. |
The delivery of goods by the service shall be limited to domestic delivery inside Japan, except as otherwise provided by the Company. |
| 5. |
The cancellations, etc. of goods for which a User has made a purchase order shall be made pursuant to Article 12. |
(Cancellation of the Contract)
Article 10
| 1. |
When there is a circumstance falling under any one of the following items, the Company may terminate the Contract, by providing prior notice to the point of contact such as the e-mail address or telephone number, etc. stated by the User when the User registered or made a purchase order: |
| (1) |
The User has violated any of the provision of this Agreement; |
| (2) |
After the User has requested the settlement of the bill by credit card, the Company is notified by the credit card company that the card credit was inadequate for the purchase |
| (3) |
The Company learns of circumstances whereby the Company suspects the user’s payment ability; |
| (4) |
The Company is incapable of delivering services or goods due to unforeseen circumstances or the fact that the goods are out of stock; |
| (5) |
The goods are not received by the User for at least two (2) weeks from the time of shipment due to the fact that point of delivery is unclear due to a change in address or an error in the input of the address, or a long-term absence; |
| (6) |
The Company determines that delivery is difficult or the User has no intention to purchase, due to a repeated long-term absence or refusal of accepting delivery; |
| (7) |
利用者が支払方法としてコンビニ決済を選択後、こちらの定める指定期日以内に代金の払い込みをしなかった場合 |
| (8) |
It is obvious that the prices displayed on this site are mistaken compared to the market prices, etc. |
| 2. |
Irrespective of the provisions of the preceding paragraph, in the event that there is User’s illicit conduct or improper conduct in connection with the use of the Service, the Company may cancel or terminate the sales contract, and take other suitable measures. |
(Payments)
Article 11
| 1. |
The amount that a User pays at the time of purchase of a goods is the total amount of the (total of the) goods purchase bill, shipping charge and consumption taxes (usually this is included in the goods bill). |
| 2. |
The only method of payment for the goods purchased by the Service is payment |
| (イ) |
利用者本人名義のクレジットカードによるお支払い |
| (ロ) |
株式会社エヌ・ティ・ティ・ドコモ(以下「ドコモ」といいます)の携帯電話をお持ちの場合、iモードサイトよりご購入いただいた商品代金合計額を、携帯電話の料金と一緒にお支払いいただく「d払い(ドコモ)サービス」 |
| (ハ) |
KDDI株式会社（以下「KDDI」といいます。）又は沖縄セルラー電話株式会社（以下「沖縄セルラー」といいます。）の携帯電話をお持ちの場合、EZwebサイトよりご購入いただいた商品代金合計額を、携帯電話の料金と一緒にお支払いいただく「まとめてau支払いサービス」 |
| (ニ) |
代金引換便（代引き）によるお支払い |
| (ホ) |
コンビニ決済（前払い制）によるお支払い |
| 3. |
Payment of the credit card shall be in governed by the terms and conditions whereby the user has separately contracted with the credit card company. In the event that a dispute arises between the User and said credit card company, this shall be resolved by the two parties in question, and the Company shall bear no liability whatsoever. |
| 4. |
まとめてau支払いサービスによるお支払いの場合、利用者が購入された物品等の代金、送料等（以下「代金等」といいます。）は、物品等の購入申込の際に入力されたプレミアムEZパスワードを有するau携帯電話契約者に請求されます（au携帯電話契約者以外の方がプレミアムEZパスワードを入力された場合も同じです。）。
利用者は、KDDI又は沖縄セルラーの定める「契約約款」に基づき、KDDI又は沖縄セルラーが当社に代わって回収することに承諾するものとします。尚、利用者がKDDI又は沖縄セルラーの通信料等をクレジットカードにより支払っている場合にはクレジットカード会社より請求されます。
利用者が代金等のお支払い方法としてまとめてau支払いのご利用を選択された場合であっても、KDDI、沖縄セルラー又はクレジットカード会社が別に定める基準に基づき、同サービスをご利用いただけない場合があります。この場合、代金等は、当社が別に定める方法によりお支払いいただきます。
利用者がKDDI、沖縄セルラー又はクレジットカード会社の定める支払期限を過ぎても代金等を支払わない場合、KDDI又は沖縄セルラーが当社に利用者の氏名・住所・未払い情報等を通知することを承諾するものとします。
当社がKDDI又は沖縄セルラーに代金等の回収代行を委託した場合でも、物品等や代金等に係る疑義又は争いについては利用者と当社の間で解決し、利用者はKDDI及び沖縄セルラーに対して何らの請求又は苦情の申し立てを行わないものとします。
|
(Returns and Exchanges of Goods)
Article 12
| 1. |
Returns and exchanges of goods shall be possible only in those circumstances where there is damage to or soiling of the goods delivered, , different goods are delivered, or delivered goods have clear defects, and the Company receives an e-mail message or is contacted by telephone within 7 days after the arrival of the goods to the User. |
| 2. |
In the event that the user returns goods without making prior contact with the Company, the Company will not undertake the exchange and return processing of said goods. In this case, the Company may invoice the User for the costs in the event that such costs are incurred by the Company due to the receipt of a returned goods (for example, in the event that a bill arises due to “payment for shipment on arrival” etc.), and due to the forwarding of a returned goods to the User in the event that the User wants the goods to be shipped back to the User. |
| 3. |
The Company will not accept returns or exchanges due to the User’s circumstances such as mistakes in the order or inadequate checking of the size, etc., provided however, in the event that the Company undertakes a return or exchange in a special case, the shipping charge for the initial shipment of the goods shall not be borne by the Company, and the User shall bear shipping charges for return and reshipment and any other fees relating thereto. This shall not apply when it is found that the mistakes in the order or inadequate checking of the size, etc. occurred due to the Company’s fault. |
(Management of Information)
Article 13
| 1. |
In the event that the views and opinions or other information provided by Users are posted on this site, the Company may delete these information without notifying the Users at the own discretion of the Company in the event that any one of the following items is applicable: |
| (1) |
It is found that said noted information clearly infringes on the copyright or other rights of the Company or a third party, or that it damages the reputation or credit of the Company or a third party; |
| (2) |
The Company receives from a third party a warning to the effect that said noted information infringes on the copyright or other rights of said third party, or that it damages the reputation or credit of said third party; |
| (3) |
It is found that it violates the laws and regulations of Japan or applicable foreign countries laws and regulation; |
| (4) |
An order, guidance, etc. is received from governmental authorities or a public institution to delete the same based on legal grounds; or |
| (5) |
The Company determines that it is in some other way inappropriate for the Company’s operation. |
| 2. |
The Company may deny a User’s access to all or a part of this site without any notification whatsoever to the Users, at its own discretion. The Company will bear no liability whatsoever as concerns the damages incurred by the Users as a result thereof. |
(Responsibilities of User)
Article 14
| 1. |
In the event that a User causes damages to the Company in connection with the use of the Service, said User shall provide compensation for such damages. |
| 2. |
In the event that a User causes damages to a third party in connection with the use of the Service, said User shall resolve this at its own liability and expense, and shall neither cause a nuisance to the Company nor cause damages to the Company. |
(Suspension of Service)
Article 15
| 1. |
In the event that any one of the following items is applicable, the Company may take the necessary measures such as suspending or halting the provision of all or a part of the Service without providing prior notice to Users. The Company will bear no liability whatsoever as concerns the damages incurred by the Users as a result thereof. In the event that the Company determines that there is a possibility that suspending or halting the provision of all or a part of this service will cause Users to suffer a major nuisance, and it is moreover possible to provide advance contact or notification, the Company shall provide advance notification thereof on this site, etc.: |
| (1) |
It is necessary for the routine maintenance or emergency maintenance of the system for operating this site; |
| (2) |
Operation of the site becomes difficult due to a fire, power outage, obstruction by a third party, etc.; |
| (3) |
It is determined that hindrance to the operation of this service, etc. is anticipated due to the overload of the system. |
| (4) |
The Company determines that stoppage of the system is unavoidably necessary for some other reason |
(Contact from the Company)
Article 16
| 1. |
The Company shall contact users as follows: |
| (a) |
Once an order from a User has been confirmed, an order confirmation e-mail message will be sent to the e-mail address used by the user when he or she registered or made a purchase order. |
| (b) |
When goods ordered by a User are shipped, a shipment notification e-mail message will be sent to the e-mail address used by the user when he or she registered or made a purchase order. |
| (c) |
After permission is obtained from a User, e-mail messages containing information about new goods or campaigns and e-mail magazines are sent to the e-mail address used by the user when he or she registered or made a purchase order. |
| (d) |
In the event that goods that have been shipped are returned due to “long-term absence”, “address unclear”, “receipt refused”, etc., the Company will contact the e-mail address or telephone number used by the user when he or she registered or made a purchase order in order to check about this. |
| (e) |
In the event that serious issues relating to the content and sales of the goods or matters that the Company determines that members should be notified about arise, notification thereof will be provided on this site, or the Company will contact the e-mail address or telephone number used by the user when he or she registered or made a purchase order. |
| (f) |
In the event that it is necessary to obtain permission separately and individually from Users when the Company uses information for posting on this site, this being information that can be utilized as effective information when selling goods to the other Users, such as opinions and views from Users or questionnaire responses, the Company will contact the e-mail address or telephone number used by the user when he or she registered or made a purchase order |
(Disclaimer)
Article 17
| 1. |
The Company shall bear no liability other than that stipulated in the Agreement, as concerns the damages, losses, disadvantages, etc. relating to the use of the Service and the goods bought and sold in the Service in any case whatsoever, irrespective of what the legal basis for the claim might be. |
| 2. |
The Company shall also bear no liability whatsoever for any damages incurred due to the fact that a user is unable to use the Service. |
| 3. |
In the event that a User causes damages, etc. to another user or a third party by using the Service, said User shall resolve this at its own liability and expense, and shall not cause any nuisance to the Company. |
| 4. |
A User shall bear the expenses relating to the installation of computer equipment and communications equipment required for the User to use the Service, the telephone charge required for sing this service, and the use charge and subscription charge for a LAN, etc. |
| 5. |
The Company shall also bear no liability whatsoever for any damages incurred due to the interruption of the system inside the User’s own personal computer and a resultant loss of data due to a malfunction of communications lines or a computer, or those due to unauthorized access by a third party to this site’s data, or any other damages incurred by Users. |
| 6. |
The Company does not guarantee that harmful items such as computer viruses are not contained in the e-mail messages, content, etc. sent from this site or the server, domain, etc. , provided however, the Company carries out maintenance and management of this site, and the server and main software, etc. relating to this site with the maximum reasonable efforts so that such a state of affairs does not result and no damage is done to trust placed in the Company by the Users. |
| 7. |
The Company may provide information and advice as needed to Users from time to time, but bears no liability for the results that arise from this information or advice. |
| 8. |
The Users shall use Internet Explorer version 5.X or above as the browser to be employed for the use of the Service. In the event that problems such as the screen not being displayed properly occur due to the fact that a browser other than that specified by this company is used, the Company shall bear no liability whatsoever, and in addition shall not respond to any questions about this. |
(Prohibition on the Transfer of Rights and Obligations)
Article 18
| 1. |
Users shall not undertake transfer to a third party or other disposal of any of the rights or obligations pursuant to this Agreement. |
(Other)
Article 19
| 1. |
The contact methods between the Company and the Users shall in principle be by e-mail or telephone. |
| 2. |
In the event that a problem that cannot be resolved by this Agreement arises in connection with the use of the Service, the Company and the User shall consult in a spirit of good faith, and resolve this problem. |
| 3. |
This Agreement shall be governed by and construed in accordance with the laws and regulations of Japan. Irrespective of the provisions of the preceding paragraph, in the event that a dispute arises in connection with the use of the Service, the Tokyo District Court shall serve as the exclusive court of jurisdiction for the first hearing. |
| 4. |
In the event that an obligation to pay compensation for damages arises due to non-payment of a bill of sale by a User or some other conduct in violation of this Agreement, and the Company employs an attorney in order to collect this, the User shall also bear the attorney’s expenses pursuant to the Rules on Attorney Compensation as provided by relevant Bar Association. |
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