JapanMade Terms of Use

Article 1 (Purpose)

This JapanMade Terms of Use (the “Terms”) stipulate the matters to be observed when using the website “JapanMade” (https://www.japanmade.co/) operated by OPT, Inc. (the “Company”) (including the website after the change if the name of the website is changed for any reason; the “Website”). Any person using the Website shall reads carefully and fully understands and agrees to all of the Terms.

Article 2 (Definitions)

The definitions used in the Terms shall have the following meanings.

  1. “User” means a person who uses the Website.
  2. “Contents” shall mean any materials and contents published in the Website by the Company, and those posted in the Website by the User (including, without limitation, articles, images, texts, videos, and sounds).
  3. “Privacy Policy” shall mean the privacy policy announced on the website designated by the Company (https://www.japanmade.co/policy).
  4. “User Information” means feature information of the User provided by the User to the Company and information on the usage history of the Website by the User (meaning “Personal Information” stipulated in the “Act on Protecting Personal Information (Act No. 57 of 2003, as amended)” and “browsing history” stipulated in the “Privacy Policy”, and other information  regarding the User).
  5. “Antisocial Force(s)” shall mean an organized crime group (Bouryokudan), a related company or association of organized crime group, corporate extortionists (Sokaiya) any other equivalent group, company or association or member thereof.

Article 3 (Handling of Information)

1.The Company shall pay utmost attention to the control of the User Information and handle it appropriately in accordancewith the Privacy Policy.

2.The Company shall not obtain sensitive information stipulated in the following Items (the “Sensitive information”) of the User. The Company shall not be liable for any damages suffered by the User or any third party due to any information (including, without limitation, the Sensitive information or Personal Information) of the User or any third party that the User has provided to the Company or posted in the Website voluntarily without the request of Company.

(1) Matters concerning thoughts, beliefs or religions

(2) Matters concerning race, ethnicity, family origin, registered domicile (excluding information concerning the prefecture of residence), physical or mental disorder, criminal record, and other matters that may cause social discrimination

(3) Matters concerning the right of workers to organize, collective bargaining and other collective actions

(4) Matters concerning participation in demonstrative collective acts, exercise of petition rights, and exercise of other political rights

(5) Matters concerning health, medical care or sexual life

Article 4 (Disclaimer and No Warranty)

  1. The User shall judge the contents of the Website by itself as to its reliability, accuracy, certainty, safety, completeness, usefulness, etc.
  2. The Company makes no warranty as to any of the matters listed below, and the User shall use the Website at its own risk after agreeing to such non-warranty.
    (1) The Website and the systems, software, servers and other facilities managed or used by the Company or its contractors for the operation of the Website (the “System”) are free from defects, errors or failures.
    (2) No third party transmits or distributes harmful computer programs such as viruses in the Website or the System.
    (3) The Website meets the expectations of the User.
    (4) None of information obtained from the Website contains any inappropriate information.
  3. The Company shall not be liable for failure in the performance of all or a part of its obligations under the Terms due to force majeure, such as acts of God, fires, labor disputes, wars, riots, civil commotions, terrorism, epidemics, default by contractors, enactment or revision of laws or regulations, orders or acts of public authority, acts of dispute, accidents of transportation or communication lines, hacking or cracking by third party, harmful computer programs such as viruses, or other circumstances beyond the control of the Company.
  4. In no event shall the Company indemnify the User for lost profits, indirect damages, consequential damages, extraordinary damages, attorneys’ fees, or any other damages not specified in the Terms.
  5. In the event the User causes any prejudices or damages to any third party through the use of the Website, they shall be resolved at the User’s responsibilities and costs, and the Company shall not be liable for them.

Article 5(Ownership of Rights)

  1. Any copyrights (including, without limitation, the rights provided in Articles 27 and Article 28 of the Copyright Act (Act No.48 of 1970, as amended);hereinafter the same shall apply), trademark rights, patent rights, design rights and other intellectual property rights, and any other rights (hereinafter collectively referred to as the “Intellectual Property Rights”) relating to the Contents published, distributed or posted by the Company in connection with the Website and Intellectual Property Rights relating to the System shall belong to the Company or the third party that grants the license.
  2. Intellectual Property Rights relating to the Contents posted by the User in the Website (excluding the Contents posted pursuant to an agreement, such as an outsourcing agreement, that is separately executed between the User and the Company; hereinafter referred to as the “User Contents”) shall belong to the User or the third party that grants the license.
  3. The User represents and warrants to the Company that no User Contents infringes Intellectual property rights, privacy rights, portrait rights or any other rights of any third parties. In the event that the Company receives complaints or claims from any third party in connection with any User Contents, except where the complaints or claims result from any reasons attributable to the Company, the User shall settle and resolve them at its own responsibility and cost and shall defend and hold the Company harmless from them.
  4. The User shall grant to the Company the right to use the User Contents for the purposes of operating and providing the Website, improving the Website contents, promoting the use of the Website, ensuring wholesome and smooth operation of the Website and conducting maintenances as well as to use the User Contents in other websites, SNSs, events, exhibitions related to the Website, and the right to modify the User Contents to the extent required for the aforementioned use, and the User shall agree not to exercise the moral rights against the Company and any third party designated by the Company. When using the User Contents anywhere other than the Website, the Company shall be entitled to indicate as the author the name designated by the User at the time of posting the User Contents, unless otherwise specifically requested by the User.
  5. The User shall neither duplicate, modify, reverse engineer, decompile or disassemble the System, nor otherwise conduct any act that infringes upon the Intellectual Property Rights pertaining to the Website, the Contents or the System.

Article 6 (Prohibited Acts)

  1. If the User falls under the Antisocial Force(s), the User shall not use the Website.
  2. In using the Website, the User shall not engage in any act that falls under any of the following Items. If the User violates this Article 6.2, the Company may take measures such as suspension of use of the whole or a part of the Website.

(1)acts that infringe, or are at likely to infringe, Intellectual Property Rights of any third parties.
(2)acts that infringe, or are at likely to infringe, privacy or portrait rights of any third parties.
(3)acts of unjustly discriminating, slandering or insulting any third parties, encouraging unjust discrimination against any third parties, or damaging reputation or credit of any third parties.
(4)acts that lead to, or are at most likely to leading to, crimes such as fraud, child prostitution, illegal sale or purchase of bank accounts or mobile phones.
(5)acts of posting or displaying materials, including but not limited to, images, videos, sounds, or texts, that constitute obscenity, child pornography or child abuse, acts of selling media containing any of those aforementioned, or acts of posting or displaying advertisements that are suggestive of such postings, displays or sales.
(6)acts that lead to, or are at most likely to leading to, drug offenses or abuse of controlled drugs, or acts of advertising of unapproved drugs or similar goods.
(7)acts of advertising a money loan, irrespective of whether or not the User is registered to engage in the money lending business.
(8)acts of establishing, or conducting solicitation regarding, a pyramid scheme.
(9)acts of illegally or unauthorized rewriting or deleting information stored in the System.
(10)acts of using the Website by impersonating any third parties.
(11)acts of transmitting or posting harmful computer programs, including but not limited to, viruses.
(12)acts of sending e-mails or other messages for advertisements or solicitations to third parties without permission, or sending e-mails or other messages that have, or may have, a feel of disgust against a third party based on social standards of decency.
(13)acts that interfere, or are at likely to interfering, with the use or operation of facilities of any third parties or facilities for internet access services.
(14)acts of causing any third parties engage in illegal gambling or acts of soliciting participation in illegal gambling.
(15)acts of contracting, mediating, or inducing (including requesting to any third parties) an illegal act (including, without limitation, transfer of handguns, illegal production of explosives, provision of child pornography, counterfeiting of official documents, homicide and intimidation).
(16)acts of transmitting to any third parties data such as images of the scene of a murder, images of killing or abusing animals, or other information such as images that may have a feel of disgust against a third party based on social standards of decency.
(17)acts of inducing or soliciting any third parties to commit suicide, or acts of introducing a method and other method of suicide that has high risk to cause harm to any third parties.
(18)acts of using, or encouraging any third parties to use, the Website in a manner or for a purpose that encourages an act falling under any of the preceding Items, knowing that such act falls under any of the preceding Items.
(19)any other acts that are deemed by the Company to violate public order and morals or to infringe rights of any third parties.

Article 7 (Suspension, Change and Termination of the Website)

  1. The Company may temporarily suspend the operation of the all or a part of the Website without notifying the User in advance if the Company determines that any of the following circumstances arises.
    1. When maintenance and inspection or repair and other necessary operations of the System is conducted.
    2. When any failure in the System arises.
    3. When it becomes difficult to operate the Website due to causes attributable to services provided by the telecommunications carrier.
    4. When any event equivalent to any of the preceding Items arises.
  2. The Company may change the Contents or specifications of the Website or terminate the operation of the whole or a part of the Website without prior notice to the User.
  3. The Company shall not be liable for any damage or prejudice incurred by the User due to any action taken in compliance with this Article 7.

Article 8 (Revision of the Terms)

The Company may, at its discretion, amend the Terms and shall notify the User the revised version. The Company shall not be liable for any damages incurred by the User as a result of such amendment.

Article 9 (Notice)

All notices, deliveries of documents and provision of information under or in connection with the Terms by the Company may be made by e-mail, posting in websites, including but not limited to, the Website, or other electronic methods.

Article 10 (Governing Law)

  1. The Terms shall be governed by the laws of Japan.
  2. The Tokyo Summary Court or the Tokyo District Court of Japan, as applicable depending on the amount of the claim, shall have the exclusive jurisdiction t for first instance over any dispute with regard to the Terms.
  3.  In the event that there arise any doubts or controversies between Japanese and English expression, the Japanese version shall prevail.

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November 1, 2019

OPT, Inc.