ARCHI-DEPOT ONLINE Terms of Use
This document sets forth the terms and conditions for the use of “ARCHI-DEPOT ONLINE”
service provided by Warehouse TERADA (the “Company” hereinafter).
Users of ARCHI- DEPOT ONLINE shall agree to the below terms of use.
Contents
Chapter I. Basic Terms
Chapter II. Chapter II. Registration/Storage/Lease of Works to Permanent Exhibits (Terms of Use for the Architects)
Chapter II. Chapter II. Registration/Storage/Lease of Works to Permanent Exhibits (Terms of Use for the Architects)
Chapter I. Basic Terms
Basic terms of the Service are set forth as follows:“Chapter I. Basic Terms” (“Chapter I” hereinafter) defines the basic terms
and conditions for(i) users who have not registered as members (“Guests” hereinafter) and (ii) persons who have completed membership registration in accordance with the provisions of Chapter I.Article 7 (“Members” hereinafter) with respect to the use of this Service.
Article 1. Scope of Application
1. This service is provided only to Guests and Members who have agreed to these Terms of Use.
2. Guests can view this Site, make inquiries about the Service, and register as Members of the Service. By using the Service, Guests are deemed to have agreed to Chapter I.
3. By using the Service, Members are deemed to have agreed to all items in these Terms of Use.
4. With respect to the Service, individual guidelines, manuals and/or terms of use (collectively referred to as the “Guidelines” hereinafter) may be established in addition to these Terms of Use, and such Guidelines constitute part of these Terms of Use. In case there is discrepancy between the contents of these Terms of Use and the Guidelines, the Guidelines shall prevail.
5. The governing language of this Agreement is Japanese, and this English translation is for reference only.
6. This Agreement is not subject to the United Nations Convention on Contracts for the Sale of Goods.
2. Guests can view this Site, make inquiries about the Service, and register as Members of the Service. By using the Service, Guests are deemed to have agreed to Chapter I.
3. By using the Service, Members are deemed to have agreed to all items in these Terms of Use.
4. With respect to the Service, individual guidelines, manuals and/or terms of use (collectively referred to as the “Guidelines” hereinafter) may be established in addition to these Terms of Use, and such Guidelines constitute part of these Terms of Use. In case there is discrepancy between the contents of these Terms of Use and the Guidelines, the Guidelines shall prevail.
5. The governing language of this Agreement is Japanese, and this English translation is for reference only.
6. This Agreement is not subject to the United Nations Convention on Contracts for the Sale of Goods.
Article 1. Scope of Application
1. This service is provided only to Guests and Members who have agreed to these Terms of Use.
2. Guests can view this Site, make inquiries about the Service, and register as Members of the Service. By using the Service, Guests are deemed to have agreed to Chapter I.
3. By using the Service, Members are deemed to have agreed to all items in these Terms of Use.
4. With respect to the Service, individual guidelines, manuals and/or terms of use (collectively referred to as the “Guidelines” hereinafter) may be established in addition to these Terms of Use, and such Guidelines constitute part of these Terms of Use. In case there is discrepancy between the contents of these Terms of Use and the Guidelines, the Guidelines shall prevail.
5. The governing language of this Agreement is Japanese, and this English translation is for reference only.
6. This Agreement is not subject to the United Nations Convention on Contracts for the Sale of Goods.
2. Guests can view this Site, make inquiries about the Service, and register as Members of the Service. By using the Service, Guests are deemed to have agreed to Chapter I.
3. By using the Service, Members are deemed to have agreed to all items in these Terms of Use.
4. With respect to the Service, individual guidelines, manuals and/or terms of use (collectively referred to as the “Guidelines” hereinafter) may be established in addition to these Terms of Use, and such Guidelines constitute part of these Terms of Use. In case there is discrepancy between the contents of these Terms of Use and the Guidelines, the Guidelines shall prevail.
5. The governing language of this Agreement is Japanese, and this English translation is for reference only.
6. This Agreement is not subject to the United Nations Convention on Contracts for the Sale of Goods.
Article 2. Definitions
1. In these Terms of Use, following terms have the following meanings respectively.
(1) Websites related to the Service with domain name “https://online.archi-depot.com” such as “online.archi-depot.com” are referred to as the “Sites.”
(2) Users who have not registered as members are referred to as “Guests.”
(3) Persons who have completed membership registration in accordance with the provisions of Chapter I. Article 7 are referred to as “Members.”
(4) Members who register architectural models and items relating to architectural models, which have been approved by the Company (simply referred to as “Items” hereinafter), on the Sites, are referred to as “Architect Users.”
(1) Websites related to the Service with domain name “https://online.archi-depot.com” such as “online.archi-depot.com” are referred to as the “Sites.”
(2) Users who have not registered as members are referred to as “Guests.”
(3) Persons who have completed membership registration in accordance with the provisions of Chapter I. Article 7 are referred to as “Members.”
(4) Members who register architectural models and items relating to architectural models, which have been approved by the Company (simply referred to as “Items” hereinafter), on the Sites, are referred to as “Architect Users.”
Article 3. Revisions
1. The Company may revise these Terms of Use and Guidelines without prior approval by Guests and Members. In such case, the revised Terms of Use and Guidelines shall become applicable from the time they are posted on this Sites; provided, however, if the Company provides otherwise, such provision shall be applicable.
2. Guests and Members shall agree in advance that they will accept such revised Terms of Use and Guidelines if the Terms of Use and Guidelines are revised in accordance with the preceding Paragraph.
2. Guests and Members shall agree in advance that they will accept such revised Terms of Use and Guidelines if the Terms of Use and Guidelines are revised in accordance with the preceding Paragraph.
Article 4. Scope of Service
1. The Service may be used both in Japan and overseas. However, please be advised that the use of the Storage Services (defined at the beginning of Chapter II) assumes that the user will visit the Company’s designated warehouse in person.
Article 5. Responsibilities of Guests and Members
1. Guests and Members shall determine the reliability and interpretation, etc. of the information provided by the Company for the Service at their own responsibility.
Article 6. Environment of Use
1. To use the Service, Guests and Members shall prepare communications equipment,software, and public lines, etc. (the “Communications Equipment” hereinafter) at their own responsibility and expense.
2. Guests and Members shall maintain and manage Communications Equipment at their own responsibility to prevent hindrance to the use of the Service. In addition, Guests and Members shall, for using the Service, manage and pay various expenses arising with the telecommunications carriers related to accessing the Service at their own responsibility.
2. Guests and Members shall maintain and manage Communications Equipment at their own responsibility to prevent hindrance to the use of the Service. In addition, Guests and Members shall, for using the Service, manage and pay various expenses arising with the telecommunications carriers related to accessing the Service at their own responsibility.
Article 7. Members
1. The Company shall issue membership ID, and provide the function for registering Items on this Site and the function for making applications to deposit Items only to Guests who apply for membership using the membership registration function and whose membership is approved by the Company.
2. Guests who wish to register as Members (“Membership Registration” hereinafter) shall complete Membership Registration in accordance with the terms and conditions set forth in this and following Paragraphs. Guests who can make Membership Registration are persons whom the Company approves the Membership Registration application set forth in this Article, and meets all of the conditions in the following Items:
(1) Own a valid credit card available for use in Japan issued by a credit card company approved for use by the Company;
(2) An individual who is 18 years of age or older;
(3) Have an e-mail address that enables to send and receive e-mails with the Company; and
(4) Have an address and telephone number that enables communication with the Company.
3. Application for Membership Registration in the preceding Paragraph (“Application” hereinafter) shall be made by sending true and accurate information about the registrant himself/herself in the method designated by the Company.
4. The Company shall receive the information regarding the Application in the preceding Paragraph, and perform necessary assessment of such Application.
5. The Company may, at the time of the assessment in the preceding Paragraph and after Membership registration, contact the Member with respect to matters regarding the Service.
6. The Company shall, in case of approval of the Application based on the assessment in Paragraph 4 of this Article, approve by sending the ID and password, etc. designated by the Company for using this Service (“Verification Information” hereinafter) in a method designated by the Company (“Approval” hereinafter).Members shall be fully responsible for the use and management of the Verification Information, and manage them appropriately.
7. Members with Approval by the Company can use the service.
8. Members shall immediately notify the Company if they become aware that the Verification Information has been stolen, lost, forgotten, or used by a third party, etc.
9. The Company shall not be held liable for damages incurred by the Member prior to the notice in the preceding Paragraph, from the Verification Information being stolen, lost, forgotten or used by a third party, etc.
10. The Company shall not be held liable in any way for damages incurred due to poor management of Verification Information by the Member, or unauthorized use of Verification Information by a third party, etc.
11. The Company may decline to give Approval if the party making an Application in accordance with Paragraph 3 of this Article is deemed to fall under any of the Items below. In addition, if the Company deems that a Member falls under any of the following Items subsequent to the Approval, the Company may take measures including cancellation of Membership Registration, suspension of the Service, and/or invalidation of the Verification Information against such Member (“Cancellation” hereinafter) without prior notice:
(1) In case the applicant does not comply with these Terms of Use and Guidelines;
(2) In case the applicant is found not to exist;
(3) In case the applicant is found to have had suspension or cancellation of Membership qualification due to breach of these Terms of Use or Guidelines in the past;
(4) In case misrepresentation, errors, or omissions are found in the information registered with the Company in the Application;
(5) In case the applicant engages in acts that fall under any of the Items in Chapter I. Article 14. Prohibitions;
(6) In case the applicant is an adult ward, person under curatorship, or person under assistance, and had not obtained consent by statutory agent, curator or guardian at the time of Application;
(7) In case the Member is found to be deceased;
(8) In case the Member is found not to have used the Service for a period of time designated by the Company; or
(9) In addition to the preceding Items, where the Company determines it inappropriate to grant Approval or user qualification for the Service.
12. At the time of use of the Service by a Member, if the Company collates the Member’s Verification Information that was given an Approval with the Verification Information entered by such Member, and confirms that they match using a method designated by the Company, the Company shall treat such use of the Service by such Member as authorized use of the Service by such Member, but shall not be held liable in any way for problems or damages arising from such use of the Service.
13. Members shall comply with these Terms of Use and Guideline when using the Service.
14. If Members wish to terminate the use of the Service (“Withdrawal” hereinafter), Members shall notify the Company using the method designated by the Company. Members who notify Withdrawal as above shall lose all rights regarding the Service at the time of Withdrawal.
2. Guests who wish to register as Members (“Membership Registration” hereinafter) shall complete Membership Registration in accordance with the terms and conditions set forth in this and following Paragraphs. Guests who can make Membership Registration are persons whom the Company approves the Membership Registration application set forth in this Article, and meets all of the conditions in the following Items:
(1) Own a valid credit card available for use in Japan issued by a credit card company approved for use by the Company;
(2) An individual who is 18 years of age or older;
(3) Have an e-mail address that enables to send and receive e-mails with the Company; and
(4) Have an address and telephone number that enables communication with the Company.
3. Application for Membership Registration in the preceding Paragraph (“Application” hereinafter) shall be made by sending true and accurate information about the registrant himself/herself in the method designated by the Company.
4. The Company shall receive the information regarding the Application in the preceding Paragraph, and perform necessary assessment of such Application.
5. The Company may, at the time of the assessment in the preceding Paragraph and after Membership registration, contact the Member with respect to matters regarding the Service.
6. The Company shall, in case of approval of the Application based on the assessment in Paragraph 4 of this Article, approve by sending the ID and password, etc. designated by the Company for using this Service (“Verification Information” hereinafter) in a method designated by the Company (“Approval” hereinafter).Members shall be fully responsible for the use and management of the Verification Information, and manage them appropriately.
7. Members with Approval by the Company can use the service.
8. Members shall immediately notify the Company if they become aware that the Verification Information has been stolen, lost, forgotten, or used by a third party, etc.
9. The Company shall not be held liable for damages incurred by the Member prior to the notice in the preceding Paragraph, from the Verification Information being stolen, lost, forgotten or used by a third party, etc.
10. The Company shall not be held liable in any way for damages incurred due to poor management of Verification Information by the Member, or unauthorized use of Verification Information by a third party, etc.
11. The Company may decline to give Approval if the party making an Application in accordance with Paragraph 3 of this Article is deemed to fall under any of the Items below. In addition, if the Company deems that a Member falls under any of the following Items subsequent to the Approval, the Company may take measures including cancellation of Membership Registration, suspension of the Service, and/or invalidation of the Verification Information against such Member (“Cancellation” hereinafter) without prior notice:
(1) In case the applicant does not comply with these Terms of Use and Guidelines;
(2) In case the applicant is found not to exist;
(3) In case the applicant is found to have had suspension or cancellation of Membership qualification due to breach of these Terms of Use or Guidelines in the past;
(4) In case misrepresentation, errors, or omissions are found in the information registered with the Company in the Application;
(5) In case the applicant engages in acts that fall under any of the Items in Chapter I. Article 14. Prohibitions;
(6) In case the applicant is an adult ward, person under curatorship, or person under assistance, and had not obtained consent by statutory agent, curator or guardian at the time of Application;
(7) In case the Member is found to be deceased;
(8) In case the Member is found not to have used the Service for a period of time designated by the Company; or
(9) In addition to the preceding Items, where the Company determines it inappropriate to grant Approval or user qualification for the Service.
12. At the time of use of the Service by a Member, if the Company collates the Member’s Verification Information that was given an Approval with the Verification Information entered by such Member, and confirms that they match using a method designated by the Company, the Company shall treat such use of the Service by such Member as authorized use of the Service by such Member, but shall not be held liable in any way for problems or damages arising from such use of the Service.
13. Members shall comply with these Terms of Use and Guideline when using the Service.
14. If Members wish to terminate the use of the Service (“Withdrawal” hereinafter), Members shall notify the Company using the method designated by the Company. Members who notify Withdrawal as above shall lose all rights regarding the Service at the time of Withdrawal.
Article 8. Temporary Interruption, Suspension, Changes, and Termination of the Service
1. The Company may, if an event falling under any of the following items occurs, temporarily suspend provision of all or part of this Service without advance notice to Guests and Members:
(1) When conducting periodic or emergency maintenance, etc. of the equipment for the Service;
(2) When taking measures against failures of equipment for the Service;
(3) When the Company determines that the Service cannot be provided due to earthquake, fire, volcanic eruption, tsunami, flood, other natural disasters such as damage caused by wind or flood, power outage, war, uprising, riot, terrorist acts, labor dispute, demonstration, or other acts of third parties; or
(4) In addition to the above items, when the Company determines that the temporary suspension of the Service is necessary for the operational or technical reasons regarding the Service.
2. The Company may, if it deems necessary, terminate all or part of the Service without advance notice to the Guests and Members.
3. The Company may, at its discretion, change all or part of the Service at any time.
4. The Company shall not be held liable in any way even if temporary interruption, suspension, change, or the termination of the Service due to each of the preceding Items cause any damages or disadvantages to the Guests or Members.
(1) When conducting periodic or emergency maintenance, etc. of the equipment for the Service;
(2) When taking measures against failures of equipment for the Service;
(3) When the Company determines that the Service cannot be provided due to earthquake, fire, volcanic eruption, tsunami, flood, other natural disasters such as damage caused by wind or flood, power outage, war, uprising, riot, terrorist acts, labor dispute, demonstration, or other acts of third parties; or
(4) In addition to the above items, when the Company determines that the temporary suspension of the Service is necessary for the operational or technical reasons regarding the Service.
2. The Company may, if it deems necessary, terminate all or part of the Service without advance notice to the Guests and Members.
3. The Company may, at its discretion, change all or part of the Service at any time.
4. The Company shall not be held liable in any way even if temporary interruption, suspension, change, or the termination of the Service due to each of the preceding Items cause any damages or disadvantages to the Guests or Members.
Article 9. Treatment of Posted Information
1. Members may post information, such as writing regarding the Service, on parts of the Sites designated by the Company (“Posted Information” hereinafter).
2. Posted Information that are posted by Members pursuant to the preceding Paragraph must be information for which the Members have all necessary rights for posting, or regarding which the Members obtain permission for use from a third party with its legitimate rights. Members shall approve in advance that the Posted Information by such Member may be posted on the Sites after such Member’s Withdrawal from the Service.
3. The Company may, where it deems that Posted Information falls under any of the following Items, delete such Posted Information or take other measures regarding the posting of such Posted Information without notice to the Member:
(1) In case the Company determines that it may infringe or is likely to infringe any rights held by other Guests, other Members, third parties, or the Company (including intellectual property rights, such as copyrights, ownership rights, possessory rights, and other rights);
(2) In case the Company determines that it includes contents that may cause economic or psychological damage, or be slanderous or discriminatory against other Guests, other Members, third parties, or the Company;
(3) In case the Company determines that the Posted Information includes contents that violate laws and regulations or public order and good moral; contents that are lewd, vulgar, cruel, or violent; or contents that includes links to websites containing such contents;
(4) In case the Company determines that the Posted Information includes solicitation for specific religion/ideology, election campaign, or similar contents; or contents including links to websites containing such contents;
(5) In case the Company determines that the Posted Information includes computer programs, etc. that are harmful to the operation of the Service; or
(6) In addition to the above Items, Posted Information that the Company determines is unsuitable for the purpose of the Service or inappropriate for the operation of the Service.
4. Guests and Members may view Posted Information in accordance with these Terms of Use and Guidelines, provided, however, Posted Information is posted at the responsibility of the Member, and the Company is not held liable in any way regarding the contents, etc.
55. Guests and Members shall make decisions on the contents, etc. of the Posted Information at their own responsibility, and the Company shall not be held liable in any way for damages incurred by other Guests, other Members or third parties arising from information obtained through Posted Information.
2. Posted Information that are posted by Members pursuant to the preceding Paragraph must be information for which the Members have all necessary rights for posting, or regarding which the Members obtain permission for use from a third party with its legitimate rights. Members shall approve in advance that the Posted Information by such Member may be posted on the Sites after such Member’s Withdrawal from the Service.
3. The Company may, where it deems that Posted Information falls under any of the following Items, delete such Posted Information or take other measures regarding the posting of such Posted Information without notice to the Member:
(1) In case the Company determines that it may infringe or is likely to infringe any rights held by other Guests, other Members, third parties, or the Company (including intellectual property rights, such as copyrights, ownership rights, possessory rights, and other rights);
(2) In case the Company determines that it includes contents that may cause economic or psychological damage, or be slanderous or discriminatory against other Guests, other Members, third parties, or the Company;
(3) In case the Company determines that the Posted Information includes contents that violate laws and regulations or public order and good moral; contents that are lewd, vulgar, cruel, or violent; or contents that includes links to websites containing such contents;
(4) In case the Company determines that the Posted Information includes solicitation for specific religion/ideology, election campaign, or similar contents; or contents including links to websites containing such contents;
(5) In case the Company determines that the Posted Information includes computer programs, etc. that are harmful to the operation of the Service; or
(6) In addition to the above Items, Posted Information that the Company determines is unsuitable for the purpose of the Service or inappropriate for the operation of the Service.
4. Guests and Members may view Posted Information in accordance with these Terms of Use and Guidelines, provided, however, Posted Information is posted at the responsibility of the Member, and the Company is not held liable in any way regarding the contents, etc.
55. Guests and Members shall make decisions on the contents, etc. of the Posted Information at their own responsibility, and the Company shall not be held liable in any way for damages incurred by other Guests, other Members or third parties arising from information obtained through Posted Information.
Article 10. Advertisement and Links
1. The Sites may display links to third party websites (“Third Party Sites” hereinafter), but the Company does not manage such Third Party Sites. Guests and Members shall conduct transactions with such linked sites through the operator of such Third Party Sites at their own responsibility (including but not limited to compliance with terms of contracts, terms of use, and terms of sale for such Third Party Sites).
2. The Company shall not be held liable in any way for damages incurred by the Guests and Members, other Guests, other Members or third parties arising from the transaction in the preceding Paragraph.
2. The Company shall not be held liable in any way for damages incurred by the Guests and Members, other Guests, other Members or third parties arising from the transaction in the preceding Paragraph.
Article 11. Treatment of Personal Information
1. Treatment of personal information regarding the Guests and Members obtained by the Company (“Personal Information” hereinafter) shall be in accordance with the Company’s “Personal Information Rules” and “Security Policy” (“Personal Information Protection Policy” hereinafter).
2. Members shall give advance approval to the contents of the Personal Information Protection Policy in the preceding Paragraph as set forth by the Company, as well as to display of nicknames, etc. on the Sites to enable identification of the writer of the Posted Information and writer of comments to Posted Information when using the Service.
2. Members shall give advance approval to the contents of the Personal Information Protection Policy in the preceding Paragraph as set forth by the Company, as well as to display of nicknames, etc. on the Sites to enable identification of the writer of the Posted Information and writer of comments to Posted Information when using the Service.
Article 12. Re-Consignment
1. The Company may subcontract all or part of the business regarding the Service at its own responsibility.
Article 13. Intellectual Property Right
1. Property rights regarding the Service’s contents, program, and information, etc. excluding Posted Information belong to the Company or the third party who authorized their use by the Company. All software used by the Company for the Service and in relation to the Service include property rights and business secrets protected by the laws and regulations, etc. pertaining to intellectual property rights.
2. Rights to information posted on the Sites, such as texts, images, and other data through the Service, belong to the Company, other Members, and/or other third parties with due rights, and we hereby confirm that the use of the Service and Sites does not entail transfer of copyrights. However, members are deemed to have given approval to the Company for secondary use of the information such as texts, images, and other data to the extent necessary for operation and provision of the Service, free of charge, for indefinite period, and without limitation (any and all use including reproduction, editing, publication, reprint, sending, and approving use by third parties). In addition, Members shall not exercise the moral right of author against the use of posted information by the Company and/or a third party to whom approval of use was granted by the Company.
2. Rights to information posted on the Sites, such as texts, images, and other data through the Service, belong to the Company, other Members, and/or other third parties with due rights, and we hereby confirm that the use of the Service and Sites does not entail transfer of copyrights. However, members are deemed to have given approval to the Company for secondary use of the information such as texts, images, and other data to the extent necessary for operation and provision of the Service, free of charge, for indefinite period, and without limitation (any and all use including reproduction, editing, publication, reprint, sending, and approving use by third parties). In addition, Members shall not exercise the moral right of author against the use of posted information by the Company and/or a third party to whom approval of use was granted by the Company.
Article 14. Prohibitions
1. Guests and Members shall not engage in acts set forth in the following Items when using the Service:
(1) An act that violates or is likely to violate laws, regulations, and/or public order and good moral;
(2) An act that leads to or is likely to lead to criminal acts;
(3) An act that violates or is likely to violate the property rights, credibility, privacy, and/or honor of other Guests, other Members, third parties, or the Company;
(4) An act that infringes or is likely to infringe intellectual property rights including copyrights, ownership rights, possessory rights and other rights of other Guests, other Members, third parties, or the Company;
(5) An act that causes or is likely to cause disadvantage or damages to other Guests, other Members, third parties, or the Company;
(6) An act of sending, posting, or displaying information that is contrary to or is likely to be contrary to facts, or an act of slander against other Guests, other Members, third parties or the Company;
(7) Election campaign, pre-election campaign, an act violating the Public Offices Election Act, or similar acts;
(8) An act for purposes of profit-making unrelated to the Service;
(9) An act of transfer of rights related to the Service; provision of use, sale, pledge of such rights; provision of such rights as collateral to a third party, or any similar acts;
(10) An act that interrupts the operation of the Service, or damages the credibility of the Company or the Service;
(11) An act of multiple Membership Registration by an individual;
(12) An act of using single Verification Information by multiple persons;
(13) An act of repeatedly posting Posted Information with contents that are the same or substantially same with already posted Information on the Sites.
(14) An act of using the Service under false representation as other Member, third party, or the Company;
(15) An act of sending harmful computer programs, etc. through the Service, or creating an environment enabling receipt of such programs, etc. by other Guests, other Members, and/or third parties;
(16) An act that makes or is likely to make unauthorized access to other computers, systems, servers, etc. connected to the Service;
(17) An act that facilitates acts prescribed in the preceding Items; or
(18) In addition to the above Items, acts that the Company deems inappropriate.
(1) An act that violates or is likely to violate laws, regulations, and/or public order and good moral;
(2) An act that leads to or is likely to lead to criminal acts;
(3) An act that violates or is likely to violate the property rights, credibility, privacy, and/or honor of other Guests, other Members, third parties, or the Company;
(4) An act that infringes or is likely to infringe intellectual property rights including copyrights, ownership rights, possessory rights and other rights of other Guests, other Members, third parties, or the Company;
(5) An act that causes or is likely to cause disadvantage or damages to other Guests, other Members, third parties, or the Company;
(6) An act of sending, posting, or displaying information that is contrary to or is likely to be contrary to facts, or an act of slander against other Guests, other Members, third parties or the Company;
(7) Election campaign, pre-election campaign, an act violating the Public Offices Election Act, or similar acts;
(8) An act for purposes of profit-making unrelated to the Service;
(9) An act of transfer of rights related to the Service; provision of use, sale, pledge of such rights; provision of such rights as collateral to a third party, or any similar acts;
(10) An act that interrupts the operation of the Service, or damages the credibility of the Company or the Service;
(11) An act of multiple Membership Registration by an individual;
(12) An act of using single Verification Information by multiple persons;
(13) An act of repeatedly posting Posted Information with contents that are the same or substantially same with already posted Information on the Sites.
(14) An act of using the Service under false representation as other Member, third party, or the Company;
(15) An act of sending harmful computer programs, etc. through the Service, or creating an environment enabling receipt of such programs, etc. by other Guests, other Members, and/or third parties;
(16) An act that makes or is likely to make unauthorized access to other computers, systems, servers, etc. connected to the Service;
(17) An act that facilitates acts prescribed in the preceding Items; or
(18) In addition to the above Items, acts that the Company deems inappropriate.
Article 15. Validity
1. If part of the provisions of these Terms of Use and/or other terms of use, etc. (including Guidelines; the same shall apply hereinafter) is deemed invalid under laws and regulations, other provisions of the Terms of Use and other terms of use, etc. shall remain valid.
2. If part of these Terms of Use and/or other terms of use is deemed invalid or canceled in relation to a Member, these Terms of Use and other terms of use, etc. shall remain valid in relation to other Members.
2. If part of these Terms of Use and/or other terms of use is deemed invalid or canceled in relation to a Member, these Terms of Use and other terms of use, etc. shall remain valid in relation to other Members.
Article 16. Responding to Breach
1. In case a Member is deemed to have breached these Terms of Use and other terms of use, etc., and where the Company considers it necessary, the Company may take the following measures against such Member; provided, however, the Company is not obligated to take such measures:
(1) Demand to cease the act that violates these Terms of Use and other terms of use, and not to repeat similar acts;
(2) Request voluntary correction of the contents;
(3) Delete all or part of the contents, change the scope of publication, or make such contents unavailable for viewing (non-public);
(4) Disclose the fact of breach in the Service internally and/or externally (including notice to the police and other pubic organization in case it may fall under criminal offense etc.);
(5) Temporarily suspend use of the Service; and
(6) Mandatory membership cancellation.
2. The Company shall not be held liable if measures in the preceding Paragraph cause disadvantages or damages to the Member.
3. The Member may not object to measures taken by the Company pursuant to these Terms of Use against acts that breach these Terms of Use or other terms of use, etc.
4. In case the Company has incurred damages from acts of a Member, the Company may claim damages against such Member regardless of whether the Company has taken measures prescribed in Paragraph 1 of this Article.
(1) Demand to cease the act that violates these Terms of Use and other terms of use, and not to repeat similar acts;
(2) Request voluntary correction of the contents;
(3) Delete all or part of the contents, change the scope of publication, or make such contents unavailable for viewing (non-public);
(4) Disclose the fact of breach in the Service internally and/or externally (including notice to the police and other pubic organization in case it may fall under criminal offense etc.);
(5) Temporarily suspend use of the Service; and
(6) Mandatory membership cancellation.
2. The Company shall not be held liable if measures in the preceding Paragraph cause disadvantages or damages to the Member.
3. The Member may not object to measures taken by the Company pursuant to these Terms of Use against acts that breach these Terms of Use or other terms of use, etc.
4. In case the Company has incurred damages from acts of a Member, the Company may claim damages against such Member regardless of whether the Company has taken measures prescribed in Paragraph 1 of this Article.
Article 17. Payment of Fees
1. The Company calculates the usage fees as of the end of each month. Refer to the relevant Article of these Terms of Use for details, including the amount.
2. Members shall make lump-sum payment of fees and consumption taxes arising from the use of the Service with a credit card issued by a credit card company approved by the Company, in accordance with the membership rules of such credit card company.
3. When making the payment in the preceding Paragraph, the Member shall use a credit card with the same cardholder name as the Member.
4. In case payment by the credit card prescribed in Paragraph 2 of this Article cannot be settled due to the expiry of the Member's credit card or other circumstances, the Member shall immediately pay the unpaid amount in accordance with the method designated by the Company. Bank transfer fee in case of payment through bank transfer shall be borne by the transferor. In case a dispute arises between a Member and such credit card company in relation to the fees or other obligations, such dispute shall be resolved between the parties, and the Company shall not be held liable in any way.
2. Members shall make lump-sum payment of fees and consumption taxes arising from the use of the Service with a credit card issued by a credit card company approved by the Company, in accordance with the membership rules of such credit card company.
3. When making the payment in the preceding Paragraph, the Member shall use a credit card with the same cardholder name as the Member.
4. In case payment by the credit card prescribed in Paragraph 2 of this Article cannot be settled due to the expiry of the Member's credit card or other circumstances, the Member shall immediately pay the unpaid amount in accordance with the method designated by the Company. Bank transfer fee in case of payment through bank transfer shall be borne by the transferor. In case a dispute arises between a Member and such credit card company in relation to the fees or other obligations, such dispute shall be resolved between the parties, and the Company shall not be held liable in any way.
Article 18. Matters to be Notified
1. In case there is change in information provided to the Company pursuant to this Application, Members shall notify such change immediately using the procedures and methods designated by the Company.
2. The Company shall not be held liable for damages incurred by the Member prior to the notice in the preceding Paragraph from errors in information registered with the Company.
3. If any of the following Items are applicable, Members shall have no objections to having the Company be notified by the Member’s credit card company without prior approval by such Member:
(1) Loss of membership for the credit card notified to the Company; or
(2) Change in credit card number notified to the Company due to loss of credit card, etc.
4. The Company shall not be held liable in any way if the Member incurs disadvantage from failure to give notice in the preceding Paragraph.
2. The Company shall not be held liable for damages incurred by the Member prior to the notice in the preceding Paragraph from errors in information registered with the Company.
3. If any of the following Items are applicable, Members shall have no objections to having the Company be notified by the Member’s credit card company without prior approval by such Member:
(1) Loss of membership for the credit card notified to the Company; or
(2) Change in credit card number notified to the Company due to loss of credit card, etc.
4. The Company shall not be held liable in any way if the Member incurs disadvantage from failure to give notice in the preceding Paragraph.
Article 19. Disclaimer
1. The Company shall not be held liable for any compensation of damages incurred by Members, Guests, or third parties in relation to the use of the Service.
2. The Company shall not make any guarantee, and will not be held liable for matters set forth in the following Items in relation to information and goods, etc. obtained by Guests and Members in conjunction with the use of the Service:
(1) That the Service satisfies the purpose or demand of Guests and Members;
(2) That the Service is without failures, defects, or errors;
(3) That the information, service, or goods, etc. obtained by the Guests and Members through the Service satisfies the expectations of Guests and Members;
(4) That the information and data, etc. provided by the Company through the Service is accurate;
(5) That the information, service, or goods, etc. obtained by the Guests and Members through the Service do not infringe on copyrights and other intellectual properties, ownership rights, possessory rights, and/or any other rights of third parties; and
3. The Company shall not be held liable in any way for damages incurred by Members, Guests, or third parties in relation to deletion or revision of Posted Information, cancellation of Membership Registration, suspension of the Services, or invalidation of Verification Information pursuant to these Terms of Use and Guidelines.
4. The Company shall not make any guarantee on performance of communication equipment and/or instrument and software, etc. used by the Guests and Members in relation to use of the Sites, and will not be held liable for any compensation of damages incurred by a Guest, Member or third party in relation to such equipment, instrument and/or software, etc.
5. The Company shall not be held liable in any way for damages incurred by a Member or third party by use of the Member’s Verification Information by a third party, even where the Member has not been negligent.
6. The Company shall not be held liable in any way to compensate for damages incurred by Members, Guests, or third parties in relation to occurrence of temporary interruption, suspension, or termination of all or part of the Service pursuant to these Terms of Use and Guidelines.
7. If Members fall under “consumers” which are specified in the Consumer Contract Act, the operating company shall be liable for compensation of damages, if such damages are attributable to the Company, notwithstanding the Paragraphs 1, 3, 4, 5, and 6 of this Article. However, except for the cases of willful misconduct or gross negligence of the Company, the scope of compensation shall be limited to general damages which the Members directly and actually suffered, and also limited to the amount equivalent to the amount which the Members paid to the Company (excluding the payment for the purchase of Items, and except for the other provision in the Section 2) for the Service in the last 12 months.
8. The Company does not guarantee the lawfulness, non-infringement of rights, morality, reliability, accuracy, or any other matter regarding the contents posted by the Members. The Company shall not be held liable that the posted contents comply with the internal rules, etc. of corporations or organizations that the writer belongs to.
9. The Company does not have obligation to monitor or retain contents posted by the Members.
10. The Company shall not be held liable for damages caused by posted contents (including damages caused by computer virus infection from contents created by Members).
11. The Company will not be involved in communication and/or activities by the Members. Even if a dispute arises between Members, such dispute shall be resolved between the parties, and the Company shall not be held liable for resolution of disputes.
12. The Company shall not be held liable in any way for slower loading speed or failure, etc. caused by excessive traffic or other unforeseen factors.
13. The Company shall not be held liable in any way for damages caused by addition or revision to the contents of the Services, or interruption or termination of the Services.
14. The Company will not be involved in transactions between Members, and shall not make any compensation of expenses or damages incurred by Members in relation to execution of transaction, defective goods, effectiveness of the transaction contract (validity, cancellation, etc.), return of goods, after-sales services, and other matters.
2. The Company shall not make any guarantee, and will not be held liable for matters set forth in the following Items in relation to information and goods, etc. obtained by Guests and Members in conjunction with the use of the Service:
(1) That the Service satisfies the purpose or demand of Guests and Members;
(2) That the Service is without failures, defects, or errors;
(3) That the information, service, or goods, etc. obtained by the Guests and Members through the Service satisfies the expectations of Guests and Members;
(4) That the information and data, etc. provided by the Company through the Service is accurate;
(5) That the information, service, or goods, etc. obtained by the Guests and Members through the Service do not infringe on copyrights and other intellectual properties, ownership rights, possessory rights, and/or any other rights of third parties; and
3. The Company shall not be held liable in any way for damages incurred by Members, Guests, or third parties in relation to deletion or revision of Posted Information, cancellation of Membership Registration, suspension of the Services, or invalidation of Verification Information pursuant to these Terms of Use and Guidelines.
4. The Company shall not make any guarantee on performance of communication equipment and/or instrument and software, etc. used by the Guests and Members in relation to use of the Sites, and will not be held liable for any compensation of damages incurred by a Guest, Member or third party in relation to such equipment, instrument and/or software, etc.
5. The Company shall not be held liable in any way for damages incurred by a Member or third party by use of the Member’s Verification Information by a third party, even where the Member has not been negligent.
6. The Company shall not be held liable in any way to compensate for damages incurred by Members, Guests, or third parties in relation to occurrence of temporary interruption, suspension, or termination of all or part of the Service pursuant to these Terms of Use and Guidelines.
7. If Members fall under “consumers” which are specified in the Consumer Contract Act, the operating company shall be liable for compensation of damages, if such damages are attributable to the Company, notwithstanding the Paragraphs 1, 3, 4, 5, and 6 of this Article. However, except for the cases of willful misconduct or gross negligence of the Company, the scope of compensation shall be limited to general damages which the Members directly and actually suffered, and also limited to the amount equivalent to the amount which the Members paid to the Company (excluding the payment for the purchase of Items, and except for the other provision in the Section 2) for the Service in the last 12 months.
8. The Company does not guarantee the lawfulness, non-infringement of rights, morality, reliability, accuracy, or any other matter regarding the contents posted by the Members. The Company shall not be held liable that the posted contents comply with the internal rules, etc. of corporations or organizations that the writer belongs to.
9. The Company does not have obligation to monitor or retain contents posted by the Members.
10. The Company shall not be held liable for damages caused by posted contents (including damages caused by computer virus infection from contents created by Members).
11. The Company will not be involved in communication and/or activities by the Members. Even if a dispute arises between Members, such dispute shall be resolved between the parties, and the Company shall not be held liable for resolution of disputes.
12. The Company shall not be held liable in any way for slower loading speed or failure, etc. caused by excessive traffic or other unforeseen factors.
13. The Company shall not be held liable in any way for damages caused by addition or revision to the contents of the Services, or interruption or termination of the Services.
14. The Company will not be involved in transactions between Members, and shall not make any compensation of expenses or damages incurred by Members in relation to execution of transaction, defective goods, effectiveness of the transaction contract (validity, cancellation, etc.), return of goods, after-sales services, and other matters.
Article 20. Damages
1. The Members shall resolve any and all complaints or claims for damages, etc. received from a third party in relation to the use of this Service at their own responsibility and expenses.
2. In case the Company incurs damages caused by breach of the Agreement and/or guidelines, etc., or unauthorized use of the Site by Guests and Members, the Company may claim for damages against the breaching party.
3. In case a third party makes complaints or claims for damages, etc. against the Company in relation to the use of this Service by a Member, the Company may claim any and all expenses (including attorney’s fees) required in relation to such complaints and claims, etc. against the Member.
2. In case the Company incurs damages caused by breach of the Agreement and/or guidelines, etc., or unauthorized use of the Site by Guests and Members, the Company may claim for damages against the breaching party.
3. In case a third party makes complaints or claims for damages, etc. against the Company in relation to the use of this Service by a Member, the Company may claim any and all expenses (including attorney’s fees) required in relation to such complaints and claims, etc. against the Member.
Article 21. Notices
1. Any notice or demand by the Company to Members shall be made by making information regarding such notice or demand available for viewing by the Members through following methods:
(1) Sending an e-mail containing such information to the e-mail address that the Member registered with the Company;
(2) Sending a document containing such information by mail to the address that the Member registered with the Company; or
(3) Posting such information on the Sites related to the Service.
2. In case the Company makes notice or demand by sending an e-mail to the e-mail address provided to the Company at time of Membership Registration (if the Member has notified change, such e-mail address after the notice of change), such notice and demand is deemed to have reached the Member immediately.
3. In case the Company makes notice or demand by sending a document by mail to the address provided to the Company at time of Membership Registration (if the Member has notified change, such address after the notice of change), such notice or demand is deemed to have reached the Member the time such mail should normally reach the user.
4. In case the Company makes notice or demand by posting on the Sites, such notice or demand will be deemed to have reached the Member at the time such information is posted on the Sites.
5. Members shall periodically view this Sites.
(1) Sending an e-mail containing such information to the e-mail address that the Member registered with the Company;
(2) Sending a document containing such information by mail to the address that the Member registered with the Company; or
(3) Posting such information on the Sites related to the Service.
2. In case the Company makes notice or demand by sending an e-mail to the e-mail address provided to the Company at time of Membership Registration (if the Member has notified change, such e-mail address after the notice of change), such notice and demand is deemed to have reached the Member immediately.
3. In case the Company makes notice or demand by sending a document by mail to the address provided to the Company at time of Membership Registration (if the Member has notified change, such address after the notice of change), such notice or demand is deemed to have reached the Member the time such mail should normally reach the user.
4. In case the Company makes notice or demand by posting on the Sites, such notice or demand will be deemed to have reached the Member at the time such information is posted on the Sites.
5. Members shall periodically view this Sites.
Article 22. Operating Hours
1. The Company shall establish and display operating hours on the Sites.
2. The Company shall, when making changes in the operating hours prescribed in the preceding Paragraph, post such change on the Sites in advance.
2. The Company shall, when making changes in the operating hours prescribed in the preceding Paragraph, post such change on the Sites in advance.
Article 23. Governing Law
1. These Terms of Use and Guidelines shall be governed by the laws of Japan.
Article 24. Agreed Jurisdiction
1. Depending on the amount in dispute, Tokyo District Court or Tokyo Summary Court shall be the agreed exclusive court of first instance for any disputes arising from the Service, Terms of Use and Guidelines between the Company and Members.
Chapter II. Registration/Storage/Lease of Works to Permanent Exhibits/Purchase and Sale
“Chapter II. Registration, Storage, Lease of Items to Permanent Exhibits, Purchase and Sale” (hereinafter referred to as “Chapter II”) shall stipulate provisions for the use of services provided by the Company, such as, the registration function of Items on the Sites (hereinafter referred to as the “Items Registration Service”), storage and lease of Items to permanent exhibits (which are defined in the Article 2, Chapter II), sale of Items, the use of incidental functions (hereinafter collectively referred to as “Storage Services, etc.”), and the function of purchase of Items.
Users of Storage Services, etc. (“Architect Users” hereinafter) shall use the Items Registration Service and the Storage Services, etc. at their own determination and responsibility, based on sufficient understanding and approval of the contents of these Terms of Use and Guidelines, and in accordance with these Terms of Use as well as designated procedures and methods separately established by the Company.
Users of Storage Services, etc. (“Architect Users” hereinafter) shall use the Items Registration Service and the Storage Services, etc. at their own determination and responsibility, based on sufficient understanding and approval of the contents of these Terms of Use and Guidelines, and in accordance with these Terms of Use as well as designated procedures and methods separately established by the Company.
Section 1. General Rules
Article 1. Scope of Application
1. The Storage Services refer to the depository storage dedicated to architectural models. In principle, items other than architectural models may not be deposited, provided, however, the same shall not apply to items that have been approved by the Company. Architectural models and items relating to architectural models, which have been approved by the Company, shall collectively be referred simply as “Items” hereinafter.
2. The Company shall provide Exhibition Services in accordance with the Standard Trunk Room Contract; however, if the provisions of the Standard Trunk Room Contract and these Terms of Use are to be applied in overlapping manner, these Terms of Use shall prevail, and the Standard Trunk Room Contract shall be applicable to matters not prescribed in these Terms of Use. “Depositor” in the Standard Trunk Room Contract shall be deemed to refer to the “Architect User” in these Terms of Use.
3. With respect to the Exhibition Service, individual guidelines, manuals and/or terms of use (collectively referred to as the “Guidelines” hereinafter) may have been established in addition to these Terms of Use and the Standard Trunk Room Contract, and such Guidelines constitute part of Chapter II.
4. In case there is discrepancy between the contents of Chapter II and the Guidelines, the Guidelines shall prevail.
2. The Company shall provide Exhibition Services in accordance with the Standard Trunk Room Contract; however, if the provisions of the Standard Trunk Room Contract and these Terms of Use are to be applied in overlapping manner, these Terms of Use shall prevail, and the Standard Trunk Room Contract shall be applicable to matters not prescribed in these Terms of Use. “Depositor” in the Standard Trunk Room Contract shall be deemed to refer to the “Architect User” in these Terms of Use.
3. With respect to the Exhibition Service, individual guidelines, manuals and/or terms of use (collectively referred to as the “Guidelines” hereinafter) may have been established in addition to these Terms of Use and the Standard Trunk Room Contract, and such Guidelines constitute part of Chapter II.
4. In case there is discrepancy between the contents of Chapter II and the Guidelines, the Guidelines shall prevail.
Article 2. Architect Users
1. Architect Users shall, if they wish to use the Storage Services, provide information on the works, through a method designated by the Company (“Registration of Works” hereinafter).
2. When Architect Users who have conducted Registration of Works, The Items Registration Service and the Storage Services, etc. shall become available to the Architect Users.
3. Architect Users shall, at the time of Registration of Works, select to make each Item “Public” or “Non-public.” Architect Users who have selected “Public” shall be deemed to have agreed to the following.
(1) The Items shall be made available for public viewing on the Sites;
(2) The Company, upon prior notice to the Architect Users, shall make the Items available for public viewing at the permanent exhibit or an exhibit designated by the Company (“Permanent Exhibit” hereinafter) to not only Guests and Members but also to the general public.
(3) Photographs and videos of such Items shall be taken by viewers, in conjunction with the preceding paragraph. In addition, such images and videos shall be made available for public viewing through the Internet.
2. When Architect Users who have conducted Registration of Works, The Items Registration Service and the Storage Services, etc. shall become available to the Architect Users.
3. Architect Users shall, at the time of Registration of Works, select to make each Item “Public” or “Non-public.” Architect Users who have selected “Public” shall be deemed to have agreed to the following.
(1) The Items shall be made available for public viewing on the Sites;
(2) The Company, upon prior notice to the Architect Users, shall make the Items available for public viewing at the permanent exhibit or an exhibit designated by the Company (“Permanent Exhibit” hereinafter) to not only Guests and Members but also to the general public.
(3) Photographs and videos of such Items shall be taken by viewers, in conjunction with the preceding paragraph. In addition, such images and videos shall be made available for public viewing through the Internet.
Article 3. Storage Services etc. Fee
1. Various fees related to the Storage Services, etc. including storage fee and handling fee (“Storage Fee” hereinafter) shall be as set forth in Attachment 1. The limited to the Registration of Works on the Sites shall not incur a Storage Fee.
2. Storage Fee shall occur every month from the date of the Deposit Contract until the last day of the month when the Deposit Contract is terminated. There shall be no prorated treatment for Storage Fee.
2. Storage Fee shall occur every month from the date of the Deposit Contract until the last day of the month when the Deposit Contract is terminated. There shall be no prorated treatment for Storage Fee.
Section 2. Conclusion of Deposit Contract
Article 4. Rejection of Deposit
1. The Company may reject acceptance of deposit if the following reasons exist:
(1) When application for deposit is not in accordance with these Terms of Use, Standard Trunk Room Contract, or Guidelines;
(2) When Items are not architectural models or Items relating to architectural models that have been approved by the Company;
(3) When Items are deemed to be dangerous items, items prone to degeneration or damage, items with insufficient packing, items set forth in Attachment 1, or other items deemed to be inappropriate for storage;
(4) When agreement cannot be reached on the Deposit Price pursuant to the provisions of Paragraph 2 of the following Article;
(5) When facilities necessary for storage of Items are not available;
(6) When special burdens are required for the storage of Items;
(7) When the storage of Items violates laws and regulations, public order, or good moral; and
(8) When there are other unavoidable reasons.
(1) When application for deposit is not in accordance with these Terms of Use, Standard Trunk Room Contract, or Guidelines;
(2) When Items are not architectural models or Items relating to architectural models that have been approved by the Company;
(3) When Items are deemed to be dangerous items, items prone to degeneration or damage, items with insufficient packing, items set forth in Attachment 1, or other items deemed to be inappropriate for storage;
(4) When agreement cannot be reached on the Deposit Price pursuant to the provisions of Paragraph 2 of the following Article;
(5) When facilities necessary for storage of Items are not available;
(6) When special burdens are required for the storage of Items;
(7) When the storage of Items violates laws and regulations, public order, or good moral; and
(8) When there are other unavoidable reasons.
Article 5. Deposit Price
1. Architect Users shall agree in advance that the deposit price of deposited items (“Deposit Price” hereinafter) shall be up to the amount set forth in Attachment 1, Paragraph 1. Deposit Price is the maximum amount (market price) that can be guaranteed by fire insurance, etc. in case an accident, etc. occurs to items deposited in the Company’s designated warehouse.
2. Notwithstanding the provisions of the preceding Paragraph, the Company may, at the time of application for deposit, designate the amount deemed to be appropriate as the Deposit Price, subject to consultation with the Architect User.
2. Notwithstanding the provisions of the preceding Paragraph, the Company may, at the time of application for deposit, designate the amount deemed to be appropriate as the Deposit Price, subject to consultation with the Architect User.
Article 6. Deposit Application and Conclusion of Deposit Agreement
1. Architect Users shall, upon application for deposit of Items, make an application by entering and sending the following information regarding the items (“Application Information” hereinafter) through the Sites, using the procedures and methods designated by the Company (“Deposit Application” hereinafter).
(1) Name, address, telephone number and e-mail address of the Architect User;
(2) Title and quantity of items;
(3) Measure of items in package;
(4) Delivery date;
(5) If insurance set forth in Chapter II. Article 24. Purchase of Fire Insurance
(6) Other necessary information for storage or handling.
2. The Company shall not be held liable in any way for damages arising from Architect Users’ failure to enter or send Application Information; failure to enter matters that should be stated in the Application Information; or discrepancy of information entered or sent in the Application Information from facts.
3. Deposit of Items by Architect Users to the Company pursuant to these Terms of Use and Guidelines (“Deposit Contract” hereinafter) concludes when the Company approves the Application Information, and the Company accepts such Items (Items subject to Deposit Contracts shall be referred to as “Deposited Items” hereinafter).
(1) Name, address, telephone number and e-mail address of the Architect User;
(2) Title and quantity of items;
(3) Measure of items in package;
(4) Delivery date;
(5) If insurance set forth in Chapter II. Article 24. Purchase of Fire Insurance
(6) Other necessary information for storage or handling.
2. The Company shall not be held liable in any way for damages arising from Architect Users’ failure to enter or send Application Information; failure to enter matters that should be stated in the Application Information; or discrepancy of information entered or sent in the Application Information from facts.
3. Deposit of Items by Architect Users to the Company pursuant to these Terms of Use and Guidelines (“Deposit Contract” hereinafter) concludes when the Company approves the Application Information, and the Company accepts such Items (Items subject to Deposit Contracts shall be referred to as “Deposited Items” hereinafter).
Article 7. Revision of Matters Stated in Application Information
1. Architect Users must immediately notify the Company using the procedures and methods designated by the Company in case of change in information listed in Paragraph 1, Item 1 of the preceding Article.
2. Architect Users must notify the Company in advance using the procedures and methods designated by the Company in case they are to make changes to information listed in Paragraph 1, Items 1 to 7 of the preceding Article.
2. Architect Users must notify the Company in advance using the procedures and methods designated by the Company in case they are to make changes to information listed in Paragraph 1, Items 1 to 7 of the preceding Article.
Article 8. Termination of Contract
1. The Company may terminate the Deposit Contract if the following reasons exist:
(1) When any of the Items in Chapter I. Article 14. Prohibitions; or any of the Items in Chapter II. Article 4. Rejection of Deposit, Paragraph 1, Items 1 to 8 are found to be applicable;
(2) When Architect Users do not deliver Deposited Items in accordance with these Terms of Use and Standard Trunk Room Contract;
(3) When the Architect User refuses inspection of contents of Deposited Items pursuant to provisions of Paragraph 1 of the following Article; or
(4) When agreement cannot be reached on the Deposit Price pursuant to the provisions of Chapter II. Paragraph 5. Deposit Price.
2. In case the Company is to abolish or suspend its operation, the Company may terminate the Deposit Contract. In such case, the Company shall make efforts to give advance notice of three months prior to the termination date.
3. In case any of the following Items are applicable to Architect Users, Architect Users shall lose the benefit of time, and the Company may immediately terminate the Deposit Contract:
(1) When Architect Users breach any of these Terms of Use, Guidelines, or related conditions separately established by the Company;
(2) When there are reasonable grounds that the Company or third party incurs or is likely to incur damages due to reasons attributable to the Architect Users or degeneration of Deposited Items, etc.;
(3) When a note or check is dishonored, or when in receipt of suspension of banking transactions;
(4) When an attachment, provisional attachment, provisional disposition, or others are executed against the Architect Users; or Architect Users are filed for corporate reorganization, bankruptcy and civil rehabilitation or make such filing by themselves;
(5) When inheritance is commenced regarding the Architect Users;
(6) When the contents of the Application Information are found to be contrary to facts; or
(7) When the Architect Users or related parties of Architect Users are found to be members of groups that are likely to promote engaging in collective or habitual violent unlawful acts such as organized crime groups or persons that have transactions with such parties.
4. In case the Company or a third party incurs damages due to reasons in the preceding Items, Architect Users shall compensate for such damages.
5. In case the Company terminates the Deposit Contract pursuant to the provisions of Paragraphs 1 to 3 of this Article after the Architect Users have delivered the Deposited Items, Architect Users must pay storage fees, handling fees and other expenses, as well as advances and arrears without delay, and collect the Deposited Items.
6. The Company shall not be held liable in any way for damages incurred by the Architect Users or third parties in case the Deposit Contract is terminated pursuant to the provisions of Paragraph 1 or 3 of this Article.
7. The Company shall not be held liable in any way for damages caused by termination of the Deposit Contract pursuant to provisions of Paragraph 2 of this Article, where the abolishment or suspension of operation has reasonable grounds.
(1) When any of the Items in Chapter I. Article 14. Prohibitions; or any of the Items in Chapter II. Article 4. Rejection of Deposit, Paragraph 1, Items 1 to 8 are found to be applicable;
(2) When Architect Users do not deliver Deposited Items in accordance with these Terms of Use and Standard Trunk Room Contract;
(3) When the Architect User refuses inspection of contents of Deposited Items pursuant to provisions of Paragraph 1 of the following Article; or
(4) When agreement cannot be reached on the Deposit Price pursuant to the provisions of Chapter II. Paragraph 5. Deposit Price.
2. In case the Company is to abolish or suspend its operation, the Company may terminate the Deposit Contract. In such case, the Company shall make efforts to give advance notice of three months prior to the termination date.
3. In case any of the following Items are applicable to Architect Users, Architect Users shall lose the benefit of time, and the Company may immediately terminate the Deposit Contract:
(1) When Architect Users breach any of these Terms of Use, Guidelines, or related conditions separately established by the Company;
(2) When there are reasonable grounds that the Company or third party incurs or is likely to incur damages due to reasons attributable to the Architect Users or degeneration of Deposited Items, etc.;
(3) When a note or check is dishonored, or when in receipt of suspension of banking transactions;
(4) When an attachment, provisional attachment, provisional disposition, or others are executed against the Architect Users; or Architect Users are filed for corporate reorganization, bankruptcy and civil rehabilitation or make such filing by themselves;
(5) When inheritance is commenced regarding the Architect Users;
(6) When the contents of the Application Information are found to be contrary to facts; or
(7) When the Architect Users or related parties of Architect Users are found to be members of groups that are likely to promote engaging in collective or habitual violent unlawful acts such as organized crime groups or persons that have transactions with such parties.
4. In case the Company or a third party incurs damages due to reasons in the preceding Items, Architect Users shall compensate for such damages.
5. In case the Company terminates the Deposit Contract pursuant to the provisions of Paragraphs 1 to 3 of this Article after the Architect Users have delivered the Deposited Items, Architect Users must pay storage fees, handling fees and other expenses, as well as advances and arrears without delay, and collect the Deposited Items.
6. The Company shall not be held liable in any way for damages incurred by the Architect Users or third parties in case the Deposit Contract is terminated pursuant to the provisions of Paragraph 1 or 3 of this Article.
7. The Company shall not be held liable in any way for damages caused by termination of the Deposit Contract pursuant to provisions of Paragraph 2 of this Article, where the abolishment or suspension of operation has reasonable grounds.
Section 3. Delivery of Deposited Items
Article 9. Delivery of Items and Content Inspection of Deposited Items upon Delivery
1. The Architect Users shall deliver the Items, in person, to the Company’s designated warehouse, pursuant to the Deposit Application. Items delivered by any other means of delivery, unless approved in advance by the Company, shall not be accepted.
2. The Company shall inspect the Deposited Items upon delivery from the Architect Users. The Company shall confirm the contents of the Deposited Items delivered, and in case any of the following is applicable, notify the Architect User of such fact and return the Deposited Items to the Architect Users at their expense:
(1) If an individual item (defined in Chapter II, Paragraph 12) exceeds the size set forth by the Company in Attachment 1, provided, however, the same shall not apply to items that have been approved in advance by the Company;
(2) If the actual item differs significantly from the contents of the application made in advance.
3. The Company shall, in case it conducts inspection pursuant to the provisions of Paragraph 2 of this Article without presence of the Architect Users, notify the Architect Users of such fact and the result of the inspection without delay. In such cases, if damages to the Items are found, such Items shall be deemed outside of the scope of the Deposit Price, and the Architect Users shall bear the expenses for repair.
4. The Company shall be held liable for compensation of damages for loss, damage, or stains to Deposited Items caused by the inspection, where it conducts inspection pursuant to provisions of Paragraphs 1 of this Article, and the contents of the Deposited Items do not differ from what was sent or entered in the Application Information.
5. Architect Users must bear the expenses required for the inspection in case an inspection is conducted pursuant to the provisions of Paragraphs 1 or 2 of this Article, and the contents of the Deposited Items differ from what was sent or entered in the Application Form. In case of the above, the Company shall notify the Architect User of such fact, and may return the Deposited Items at the expense of the Architect User.
2. The Company shall inspect the Deposited Items upon delivery from the Architect Users. The Company shall confirm the contents of the Deposited Items delivered, and in case any of the following is applicable, notify the Architect User of such fact and return the Deposited Items to the Architect Users at their expense:
(1) If an individual item (defined in Chapter II, Paragraph 12) exceeds the size set forth by the Company in Attachment 1, provided, however, the same shall not apply to items that have been approved in advance by the Company;
(2) If the actual item differs significantly from the contents of the application made in advance.
3. The Company shall, in case it conducts inspection pursuant to the provisions of Paragraph 2 of this Article without presence of the Architect Users, notify the Architect Users of such fact and the result of the inspection without delay. In such cases, if damages to the Items are found, such Items shall be deemed outside of the scope of the Deposit Price, and the Architect Users shall bear the expenses for repair.
4. The Company shall be held liable for compensation of damages for loss, damage, or stains to Deposited Items caused by the inspection, where it conducts inspection pursuant to provisions of Paragraphs 1 of this Article, and the contents of the Deposited Items do not differ from what was sent or entered in the Application Information.
5. Architect Users must bear the expenses required for the inspection in case an inspection is conducted pursuant to the provisions of Paragraphs 1 or 2 of this Article, and the contents of the Deposited Items differ from what was sent or entered in the Application Form. In case of the above, the Company shall notify the Architect User of such fact, and may return the Deposited Items at the expense of the Architect User.
Article 10. Change in Deposit Price upon Delivery
1. The Company may change the Deposit Price upon delivery of the Deposited Item if it deems that the Deposit Price designated by the Architect User is inappropriate, to an appropriate amount subject to consultation with the Architect User.
Article 11. Confirmation of Delivery
1. When Deposited Items are delivered, the Company shall notify the Architect User using the procedures and methods designated by the Company.
Section 4. Storage of Deposited Items
Article 12. Storage Method
1. Storage provided by the Service does not involve the Deposited Items themselves (boxes, etc.), but the service of storage of the contents (“Individual Items” hereinafter). Therefore, the Company may, subsequent to the delivery of the Deposited Items, open such Deposited Items to confirm the presence, contents, and volume of Individual Items in the Deposited Items.
2. Storage and Lease of Works to Permanent Exhibits shall be conducted for each Individual Item. Therefore, if several items are to be registered , Architect Users shall pack such items in a way that such purpose is clear, and sent them to the warehouse designated by the Company. In such case, the Company shall treat such group of items as an Individual Item.
3. The Company shall not be held liable for loss or damages to Individual Items, unless such loss or damages are attributable to the Company.
4. Storage methods for Individual Items shall be determined at the discretion of the Company, and individual requests from Architect Users will not be accepted.
5. Architect Users acknowledge that we may enter our customer in the warehouse under the witness of the person in charge and there is a possibility that some of the Deposited Items may be seen by the customer.
2. Storage and Lease of Works to Permanent Exhibits shall be conducted for each Individual Item. Therefore, if several items are to be registered , Architect Users shall pack such items in a way that such purpose is clear, and sent them to the warehouse designated by the Company. In such case, the Company shall treat such group of items as an Individual Item.
3. The Company shall not be held liable for loss or damages to Individual Items, unless such loss or damages are attributable to the Company.
4. Storage methods for Individual Items shall be determined at the discretion of the Company, and individual requests from Architect Users will not be accepted.
5. Architect Users acknowledge that we may enter our customer in the warehouse under the witness of the person in charge and there is a possibility that some of the Deposited Items may be seen by the customer.
Article 13. Re-Deposit
1. The Company may re-deposit Deposited Items with other warehouse operators at the Company’s expense if necessary facilities for storage of Deposited Items do not exist and for other unavoidable reasons, subject to consent by the Architect User; provided, however, the Company may re-deposit without consent by the Architect User if there is no time to obtain such consent.
2. In case of re-deposit pursuant to the provisions of proviso in the preceding Paragraph, the Company shall notify the Architect User of such fact without delay.
2. In case of re-deposit pursuant to the provisions of proviso in the preceding Paragraph, the Company shall notify the Architect User of such fact without delay.
Article 14. Change in Deposit Price During Storage
1. Architect User must apply for change in Deposit Price without delay if there is significant change in the price of Deposited Items.
2. If the Deposit Price for Deposited Items becomes inappropriate, the Company may change such price to an appropriate amount subject to consultation with the Architect User.
2. If the Deposit Price for Deposited Items becomes inappropriate, the Company may change such price to an appropriate amount subject to consultation with the Architect User.
Article 15. Content Inspection of Deposited Items in Storage
1. The Company may, with the consent of the Architect User, inspect the contents of the Deposited Items during storage period if there are doubts about the product name, volume, or notes on storage or handling of the Deposited Items sent or entered in the Application Information.
2. The Company may, notwithstanding the provisions of the preceding Paragraph, inspect the contents of the Deposited Items without consent from the Architect User in case there is no time to obtain consent from the Architect User and there is justifiable reason such as assumption of abnormality regarding the contents from the exterior of the Deposited Items.
3. The Company may, in case it conducts inspection pursuant to the provisions of Paragraph 1 of this Article without presence of the Architect User or conducts inspection pursuant to the provisions of the preceding Paragraph, notify the Architect User of such fact and the result of the inspection without delay.
4. The Company shall be held liable for compensation of damages for loss, damage, or stains to Deposited Items caused by the inspection, where it conducts inspection pursuant to provisions of Paragraphs 1 or 2 of this Article, and the contents of the Deposited Items do not differ from what was sent or entered in the Application Information.
5. Architect Users must bear the expenses required for the inspection in case an inspection is conducted pursuant to the provisions of Paragraphs 1 or 2 of this Article, and the contents of the Deposited Items differ from what was sent or entered in the Application Form.
2. The Company may, notwithstanding the provisions of the preceding Paragraph, inspect the contents of the Deposited Items without consent from the Architect User in case there is no time to obtain consent from the Architect User and there is justifiable reason such as assumption of abnormality regarding the contents from the exterior of the Deposited Items.
3. The Company may, in case it conducts inspection pursuant to the provisions of Paragraph 1 of this Article without presence of the Architect User or conducts inspection pursuant to the provisions of the preceding Paragraph, notify the Architect User of such fact and the result of the inspection without delay.
4. The Company shall be held liable for compensation of damages for loss, damage, or stains to Deposited Items caused by the inspection, where it conducts inspection pursuant to provisions of Paragraphs 1 or 2 of this Article, and the contents of the Deposited Items do not differ from what was sent or entered in the Application Information.
5. Architect Users must bear the expenses required for the inspection in case an inspection is conducted pursuant to the provisions of Paragraphs 1 or 2 of this Article, and the contents of the Deposited Items differ from what was sent or entered in the Application Form.
Article 16. Deposit, Retrieval, and Inspection of Deposited Items
1. Architect Users may request retrieval of Deposited Items using procedures and methods designated by the Company when taking measures necessary for inspection or storage of Deposited Items.
2. The Company may, under unavoidable circumstances, designate the timing of the deposit, retrieval, or measures to be taken for inspection or storage of the Deposited Items by the Architect User.
2. The Company may, under unavoidable circumstances, designate the timing of the deposit, retrieval, or measures to be taken for inspection or storage of the Deposited Items by the Architect User.
Article 17. Emergency Viewing, Opening, and On-Site Inspection
1. The Company may view, open, unseal Deposited Items, or conduct on-site inspection at storage facility without notice to Architect Users in case any of the following items are applicable:
(1) Based on provisions of laws and regulations;
(2) Where the Company deems it urgent and unavoidable; or
(3) Where other reasonable grounds exist.
(1) Based on provisions of laws and regulations;
(2) Where the Company deems it urgent and unavoidable; or
(3) Where other reasonable grounds exist.
Article 18. Change in Storage Method
1. The Company may change the storage location or storage facility of Deposited Items from the initial deposit, reload Deposited Items, have them in mixed storage with other cargo, or make other changes to storage methods; provided, however, the Company gives prior notice to the Architect User in case of Item 3 of this Article. In case any of the Items in this Article is applicable, the Company shall not be held liable for compensation of damages even if Architect Users incur damages from the change in storage methods.
(1) Cancellation or termination of the contract, or expiry of the Deposit Contract otherwise;
(2) Delay in payment of Storage Fees or repayment of other debts under the Deposit Contract; or
(3) Where reasonable grounds exist including closure or repairs of facility.
(1) Cancellation or termination of the contract, or expiry of the Deposit Contract otherwise;
(2) Delay in payment of Storage Fees or repayment of other debts under the Deposit Contract; or
(3) Where reasonable grounds exist including closure or repairs of facility.
Article 19. Measures against Deposited Items Unsuitable for Storage
1. the operating company may made a demand toward the Architect Users to take necessary measures within reasonable period of time in case of following:
(1) Deposited Items are deemed to have become unsuitable for storage due to degeneration or damage, etc.; or
(2) Deposited Items are deemed likely to cause damages to the warehouse or other Deposited Items.
2. Architect Users must, when in receipt of the demand in the preceding Paragraph, take necessary measures without delay.
3. In case the Architect Users do not respond to the demand in the preceding Paragraph within the period designated by the Company, or there is no time for the Company to make a demand, the Company may take necessary measures including disposal of the Deposited Items.
4. Expenses required for the measures in the preceding three Paragraphs shall be borne by the Architect User if such measures are taken due to reasons attributable to the Architect Users.
5. In case measures in Paragraph 3 of this Article are taken, the Company shall notify such fact to the Architect User without delay.
(1) Deposited Items are deemed to have become unsuitable for storage due to degeneration or damage, etc.; or
(2) Deposited Items are deemed likely to cause damages to the warehouse or other Deposited Items.
2. Architect Users must, when in receipt of the demand in the preceding Paragraph, take necessary measures without delay.
3. In case the Architect Users do not respond to the demand in the preceding Paragraph within the period designated by the Company, or there is no time for the Company to make a demand, the Company may take necessary measures including disposal of the Deposited Items.
4. Expenses required for the measures in the preceding three Paragraphs shall be borne by the Architect User if such measures are taken due to reasons attributable to the Architect Users.
5. In case measures in Paragraph 3 of this Article are taken, the Company shall notify such fact to the Architect User without delay.
Section 5. Return of Deposited Items
Article 20. Return Procedures
1. To receive return of Deposit Items, Architect Users must enter information designated by the Company on this Site using the procedures and methods designated by the Company and send the same to the Company, pursuant to Article 42.
2. Architect Users who completed the Deposited Items retrieval procedures designated by the Company pursuant to the preceding paragraph must collect such Deposited Items without delay. Architect Users shall complete retrieval by appearing in person at the Company’s designated warehouse and collecting the Items. In the event that the Architect Users do not collect the Items, despite having completed the retrieval procedures, the Company may return the Deposited Items at the expense of the Architect Users.
2. Architect Users who completed the Deposited Items retrieval procedures designated by the Company pursuant to the preceding paragraph must collect such Deposited Items without delay. Architect Users shall complete retrieval by appearing in person at the Company’s designated warehouse and collecting the Items. In the event that the Architect Users do not collect the Items, despite having completed the retrieval procedures, the Company may return the Deposited Items at the expense of the Architect Users.
Article 21. Rejection of Returns
1. the operating company may refuse the request for return until it receives the payment of Storage Fees, handling fees and other expenses, advances and arrears.
2. Architect Users must pay the amount equivalent to the Storage Fees during the period of detention pursuant to the provisions of the preceding Paragraph.
3. the operating company is not held liable for compensation of damages in case it refuses request for return pursuant to the provisions of Paragraph 1 of this Article.
2. Architect Users must pay the amount equivalent to the Storage Fees during the period of detention pursuant to the provisions of the preceding Paragraph.
3. the operating company is not held liable for compensation of damages in case it refuses request for return pursuant to the provisions of Paragraph 1 of this Article.
Section 6. Treatment of Uncollected Deposited Items
Article 22. Request for Collection
1. In case Deposited Items are not collected pursuant to provisions of Chapter II. Article 8. Termination of Contract, Paragraph 5, the Company may request the Architect Users to collect the Deposited Items by the date designated by the Company.
2. In case the Company is to make the request in the preceding Paragraph by sending an e-mail or document in a post, it may make a supplementary note that “collection of the item will be deemed to be refused in case it is not collected by the date designated by the Company.” The Company shall not be held liable for compensation of damages to the Deposited Items after the date designated pursuant to the provisions of Paragraph 1 of this Article.
2. In case the Company is to make the request in the preceding Paragraph by sending an e-mail or document in a post, it may make a supplementary note that “collection of the item will be deemed to be refused in case it is not collected by the date designated by the Company.” The Company shall not be held liable for compensation of damages to the Deposited Items after the date designated pursuant to the provisions of Paragraph 1 of this Article.
Article 23. Disposal of Deposited Items
1. The Company may, where the Architect Users refuse to or cannot collect the Deposited Items, or where it is impossible to notify the Architect Users without negligence by the Company, and the Deposit Item is not collected within the designated period despite demand being given to the Architect Users on collection of Deposited Items with set deadline, and three months have passed from the date of the demand, sell or otherwise dispose of the Deposited Items with attendance by an impartial third party, subject to advance notice to the Architect Users; provided, however, the Company may, in case the Deposited Items are likely to rot or degenerate, sell or otherwise dispose of the Deposited Items with attendance by an impartial third party immediately after the deadline, subject to advance notice to the Architect Users.
2. The Company shall, in case it disposes of Deposited Items pursuant to provisions of the preceding Paragraph, notify the Architect Users of such fact without delay.
3. The Company may, in case it sells Deposited Items pursuant to the provisions of Paragraph 1 of this Article, deduct from the price the Storage Fees, handling fees and other expenses, advances and arrears, as well as expenses required for such sale (including expenses required for notifying the Architect Users), and return the balance if any to the Architect Users, or claim for shortfalls against the Architect Users.
2. The Company shall, in case it disposes of Deposited Items pursuant to provisions of the preceding Paragraph, notify the Architect Users of such fact without delay.
3. The Company may, in case it sells Deposited Items pursuant to the provisions of Paragraph 1 of this Article, deduct from the price the Storage Fees, handling fees and other expenses, advances and arrears, as well as expenses required for such sale (including expenses required for notifying the Architect Users), and return the balance if any to the Architect Users, or claim for shortfalls against the Architect Users.
Section 7. Property Insurance for Deposited Items
Article 24. Purchase of Fire Insurance
1. The Company shall, unless Architect Users express otherwise, purchase fire insurance that covers the following damages by an insurer deemed appropriate by the Company, for Deposited Items of the Architect Users; provided, however, with respect to Deposited Items redeposited with other warehouse operators, such warehouse operators receiving the redeposit shall purchase fire insurance by an insurer it deems appropriate:
(1) Damages caused by fire;
(2) Damages caused by lightning;
(3) Damages caused by explosion;
(4) Damages caused by water leakage, discharge, or overflow in conjunction with accident to plumbing systems;
(5) Damages caused by accidents attributable to negligence in works performed by the Company or its employees;
(6) Damages caused by mice; and
(7) Stealing, damage, or stains caused by theft.
2. The amount of insurance for the fire insurance to be executed by the Company for the Deposited Items pursuant to the provisions of the preceding Paragraph shall be the Deposit Price for the Deposited Item.
(1) Damages caused by fire;
(2) Damages caused by lightning;
(3) Damages caused by explosion;
(4) Damages caused by water leakage, discharge, or overflow in conjunction with accident to plumbing systems;
(5) Damages caused by accidents attributable to negligence in works performed by the Company or its employees;
(6) Damages caused by mice; and
(7) Stealing, damage, or stains caused by theft.
2. The amount of insurance for the fire insurance to be executed by the Company for the Deposited Items pursuant to the provisions of the preceding Paragraph shall be the Deposit Price for the Deposited Item.
Article 25. Determination of Amount of Cover
1. When determining the amount of cover under the insurance prescribed in Chapter II. Articles 24 to 27, if an agreement cannot be reached between the Architect Users and the insurers, the Company may determine such amount subject to discussion with the insurer.
2. Architect Users must, in case the Deposited Items incur damage and the price at the time of the damage, extent of damage and the amount of insurance payment is to be determined with the insurer, obtain approval by the Company for each such amount.
2. Architect Users must, in case the Deposited Items incur damage and the price at the time of the damage, extent of damage and the amount of insurance payment is to be determined with the insurer, obtain approval by the Company for each such amount.
Article 26. Insurance Payment Procedure
1. Architect Users must receive payment through the Company in case they are to receive payment of fire insurance.
Article 27. Commencement and Termination of Liability
1. The Company’s liability regarding the Deposited Items commence at the time of delivery of the Deposited Items by the Architect Users to the Company, and terminates at the time the Architect Users collect the Deposited Items from the Company.
Article 28. Liability for Compensation and Onus of Proof by the Company
1. The Company shall be held liable for compensation of damages arising from loss or damages to Deposited Items unless it proves that it or its employees did not fail to exercise due care concerning storage and/or handling of Deposited Items.
Article 29. Liability for Redeposited Items
1. The Company shall be held liable for Deposited Items redeposited to other warehouse operators pursuant to the provisions of Chapter II. Article 13. Redeposit, as if the Company stored such Deposited Item in accordance with these Terms of Use.
Article 30. Compensation Amount
1. The Company shall compensate Architect Users for damages arising from loss or damages to Deposited Items caused by reasons attributable to the Company.
2. Even where the amount of damages in the preceding paragraph exceeds the Deposit Price, the Deposit Price shall be deemed to be the limit of the amount of damages in the preceding paragraph, and the Company shall not be held liable over the Deposit Price. In addition, if the damages are compensated with insurance prescribed in Chapter II. Articles 24, the Company’s liabilities shall be reduced by such amount of compensation.
2. Even where the amount of damages in the preceding paragraph exceeds the Deposit Price, the Deposit Price shall be deemed to be the limit of the amount of damages in the preceding paragraph, and the Company shall not be held liable over the Deposit Price. In addition, if the damages are compensated with insurance prescribed in Chapter II. Articles 24, the Company’s liabilities shall be reduced by such amount of compensation.
Article 31. Lapse of Liabilities
1. Liabilities of the Company concerning damages caused by partial loss or damages to the Deposited Items shall lapse one year from the collection of the Deposited Items by the Depositor from the Company; provided, however, if the Company has knowledge of such damage, the period shall be five years.
2. Liabilities of the Company concerning damages caused by complete loss of the Deposited Items shall lapse five years from the notice of loss to the Depositor by the Company.
2. Liabilities of the Company concerning damages caused by complete loss of the Deposited Items shall lapse five years from the notice of loss to the Depositor by the Company.
Article 32. Special Events for Lapse of Liabilities
1. Notwithstanding the provisions of the preceding Articles, liabilities of the Company concerning damages caused by partial loss or damages to the Deposited Items shall lapse unless the depositor dispatches a notice to the Company indicating “partial loss or damages to the Deposited Items” within one week from the receipt of the Deposited Items.
2. Provisions of the preceding Paragraph shall not be applicable in case the Company has knowledge of partial loss or damages to the Deposited Items at the time of return of such Deposited Items.
2. Provisions of the preceding Paragraph shall not be applicable in case the Company has knowledge of partial loss or damages to the Deposited Items at the time of return of such Deposited Items.
Article 33. Compensation Liability of Depositors
1. Depositors shall be liable for compensation of damages incurred by the Company in relation to Deposited Items; provided, however, the same shall not apply where the depositor did not know of the characteristics or defects without negligence, or the company had knowledge of such characteristics or defects.
Article 34. Payment of Amount Equivalent to Storage Fees for Delayed Delivery
1. Depositor must, in case Deposited Items are not delivered on the promised date, pay an amount equivalent to the Storage Fees for the Deposited Items from such date to the earlier of the day before delivery or the day the Deposit Contract is terminated.
Article 35. Payment of Amount Equivalent to Storage Fees for Delayed Collection
1. Depositor must, in case Deposited Items are not collected pursuant to the provisions of Paragraph 5 of Chapter II. Article 8. Termination of Contract, pay an amount equivalent to the Storage Fees for such Deposited Items.
Section 8. Payment of Fees
Article 36. Arrears
1. Depositors must, in case they do not pay the amounts in the preceding Article by the date designated by the Company, pay arrears at the rate of six percent per annum from the day after such date until the date of payment.
Article 37. Liability for Fees regarding Lost Deposited Items
1. The Company may, in case of loss of Deposited Items, claim fees until the date of such loss against the depositor; provided however, the same shall not apply to the Storage Fees for the storage period (month) in case the Deposited Items are lost due to reasons attributable to the Company.
Article 38. Restriction on Assignment
1. Architect Users may not transfer, assign, or pledge as collateral, all or part of rights and obligations under the Deposit Contract to a third party without prior written consent by the Company.
Article 39. Treatment in Case of Death of Architect Users
1. In case Architect Users become deceased, persons listed in the following Paragraph shall be treated as a person with rights and obligations regarding the Deposit Contract (including but not limited to the obligation on collection of Deposited Items in conjunction with the termination of the Deposit Contract) (“Successor” hereinafter); provided, however, if there is a testamentary executor who delivers the Deposited Items to the Successor, notwithstanding the provisions of the following Paragraph, such testamentary executor shall be treated as the Successor.
2. Successor in the preceding Paragraph shall refer to the spouse, child, parents, grandchildren, grandparents, and siblings of the Architect Users, as well as persons who maintained living through support from the Architect Users and persons who maintained living of Architect Users at the time of death of the Architect Users.
3. In case there are multiple Successors as defined in the preceding Paragraph, the person with prior order as listed in such Paragraph shall be the Successor.
4. In case there are multiple Successors with the same priority in the preceding Paragraph, the Company may select one as the Successor. In such case, performance of obligations by the Company to such person pursuant to the Deposit Contract shall discharge the Company from liabilities in regard to relationship with other Successors.
2. Successor in the preceding Paragraph shall refer to the spouse, child, parents, grandchildren, grandparents, and siblings of the Architect Users, as well as persons who maintained living through support from the Architect Users and persons who maintained living of Architect Users at the time of death of the Architect Users.
3. In case there are multiple Successors as defined in the preceding Paragraph, the person with prior order as listed in such Paragraph shall be the Successor.
4. In case there are multiple Successors with the same priority in the preceding Paragraph, the Company may select one as the Successor. In such case, performance of obligations by the Company to such person pursuant to the Deposit Contract shall discharge the Company from liabilities in regard to relationship with other Successors.
Section 9. Treatment of Individual Items
Article 40. Registration/Exhibition of Individual Items
1. The Company shall, in case Architect Users make an application for registration of Individual Items or deliver Deposited Items pursuant to these Terms of Use, unseal the Deposited Items upon delivery, take photographs of Individual Items and register the category of Individual Items (such registered information shall be referred to as the “Registration Contents” hereinafter) with due care of prudent manager; provided, and shall be held liable for damages related to the Registration Contents despite handling with due care.
2. The Company shall interrupt unsealing of Deposited Items in case abnormalities are observed on the exterior at the time of delivery of the Deposited Items, and notify the Architect Users of the fact without delay.
3. Architect Users can confirm the Registration Contents from these Sites.
4. Architect Users agree to the Company Edit and select Registration Contents at the discretion of the Company; however, the Company is not obligated to conduct such acts.
5. The Company shall take photographs of the Individual Items for the purpose of storage and administration of such Individual Items. Consequently, Architect Users may not request the Company to change the Registration Contents unless the Registration Contents are found to differ from facts, or such request is made at the expense of the Architect Users.
6. Architect Users must, in case they request registration and deposit of Individual Items to the Company, make an application for the deposit of Individual Items within the unit designated by the Company or less as Deposited Items. In case application for deposit is made for Individual Items that exceed the unit designated by the Company, Architect Users shall make additional application for the Storage Services by the deadline designated by the Company.
7. In the case of the preceding paragraph, if the Architect Users do not make additional application for the Storage Services by the deadline designated by the Company, the Company may return such Individual Items to the Architect Users. In such case, Architect Users shall bear the expenses required for such return.
8. The Company shall, in case abnormalities such as damages are observed for Individual Items, interrupt registration of Individual Items, and notify such fact to the Architect Users without delay; and the Architect Users must take measures without delay in accordance with instructions by the Company.
9. The Company may, in case there is doubt regarding notes on storage and/or handling during the storage period of the Deposited Items, unseal the Deposited Items and inspect Individual Items subject to consent by the Architect Users. The Company may, notwithstanding the provisions of the preceding Paragraph, inspect the Individual Items without consent from the Architect User in case there is no time to obtain consent from the Architect User and there is justifiable reason such as assumption of abnormality regarding the contents from the exterior of the Deposited Items.
10. Registration of Individual Items under this Service shall be limited to Individual Items created by the Architect Users himself/herself, and Individual Items for which registration was permitted by its creator.
11. Architect Users shall permit the Company, to the extent necessary for operation and/or provision of the Service, to accumulate images regarding Deposited Items in the database of the Company and its affiliated corporations; to post them on these Sites and the sites of the Company’s affiliated corporations; and to otherwise use them to the extent deemed necessary by the Company (including processing, saving, disposing and posting).
2. The Company shall interrupt unsealing of Deposited Items in case abnormalities are observed on the exterior at the time of delivery of the Deposited Items, and notify the Architect Users of the fact without delay.
3. Architect Users can confirm the Registration Contents from these Sites.
4. Architect Users agree to the Company Edit and select Registration Contents at the discretion of the Company; however, the Company is not obligated to conduct such acts.
5. The Company shall take photographs of the Individual Items for the purpose of storage and administration of such Individual Items. Consequently, Architect Users may not request the Company to change the Registration Contents unless the Registration Contents are found to differ from facts, or such request is made at the expense of the Architect Users.
6. Architect Users must, in case they request registration and deposit of Individual Items to the Company, make an application for the deposit of Individual Items within the unit designated by the Company or less as Deposited Items. In case application for deposit is made for Individual Items that exceed the unit designated by the Company, Architect Users shall make additional application for the Storage Services by the deadline designated by the Company.
7. In the case of the preceding paragraph, if the Architect Users do not make additional application for the Storage Services by the deadline designated by the Company, the Company may return such Individual Items to the Architect Users. In such case, Architect Users shall bear the expenses required for such return.
8. The Company shall, in case abnormalities such as damages are observed for Individual Items, interrupt registration of Individual Items, and notify such fact to the Architect Users without delay; and the Architect Users must take measures without delay in accordance with instructions by the Company.
9. The Company may, in case there is doubt regarding notes on storage and/or handling during the storage period of the Deposited Items, unseal the Deposited Items and inspect Individual Items subject to consent by the Architect Users. The Company may, notwithstanding the provisions of the preceding Paragraph, inspect the Individual Items without consent from the Architect User in case there is no time to obtain consent from the Architect User and there is justifiable reason such as assumption of abnormality regarding the contents from the exterior of the Deposited Items.
10. Registration of Individual Items under this Service shall be limited to Individual Items created by the Architect Users himself/herself, and Individual Items for which registration was permitted by its creator.
11. Architect Users shall permit the Company, to the extent necessary for operation and/or provision of the Service, to accumulate images regarding Deposited Items in the database of the Company and its affiliated corporations; to post them on these Sites and the sites of the Company’s affiliated corporations; and to otherwise use them to the extent deemed necessary by the Company (including processing, saving, disposing and posting).
Article 41. Retrieval of Individual Items
1. Architect Users may request the Company for retrieval of Individual Items in deposit using these Sites.
2. The Company shall engage in deposit, retrieval and dispatch of Individual Items with the duty of due care of prudent manager; provided, however, the Company shall not be held liable for damages incurred despite handling by the Company with due care.
3. Payment of retrieval fees (referring to the retrieval fees in Attachment 1. Paragraph 2) shall be made in lump-sum, with a credit card.
2. The Company shall engage in deposit, retrieval and dispatch of Individual Items with the duty of due care of prudent manager; provided, however, the Company shall not be held liable for damages incurred despite handling by the Company with due care.
3. Payment of retrieval fees (referring to the retrieval fees in Attachment 1. Paragraph 2) shall be made in lump-sum, with a credit card.
Article 42. Delivery and Return of Deposited Items
1. All delivery and return of Deposited Items or Individual Items in the Storage Services shall be made, upon making reservations in advance to appear in person through procedures designated by the Company, through Architect Users appearing in person at the Company’s designated warehouse. Delivery and return by parcel delivery service is not available; provided, however, delivery and return by parcel delivery service may be made, if approved by the Company in advance, at the time and date agreed upon by the Architect Users and the Company.
2. The retrieval fee of the Deposited Items shall be as set forth in Attachment 1. Paragraph 2.
2. The retrieval fee of the Deposited Items shall be as set forth in Attachment 1. Paragraph 2.
Article 43. Leasing of Individual Items
1. Processing or repair of Individual Items shall, in principle, be undertaken by the Architect Users. Architect Users agree that the Company, in unavoidable circumstances, may process or repair Individual Items as necessary, subject to notice to the Architect Users. The Company is not obligated to process and/or repair Individual Items.
Article 44. Lease of Individual Items to Permanent Exhibits
1. Architect Users who have selected “Public” at the time of Registration of Works agree to the Company leasing Individual Items to Permanent Exhibits.
2. Individual Items selected as “Public” at the time of Registration of Works may, at the discretion of the Company, be leased to Permanent Exhibits, upon notice to members; provided, however the Company is not obligated to take such actions.
3. Architect Users shall not obtain sales, fees, or other consideration in conjunction to the leasing of Individual Items to the Permanent Exhibits.
2. Individual Items selected as “Public” at the time of Registration of Works may, at the discretion of the Company, be leased to Permanent Exhibits, upon notice to members; provided, however the Company is not obligated to take such actions.
3. Architect Users shall not obtain sales, fees, or other consideration in conjunction to the leasing of Individual Items to the Permanent Exhibits.
Article 45. Sale of Individual Items
1. In the Service, Members can sell Individual Items which they registered and stored in the warehouse of the Company, and purchase such Individual Items by utilizing the Service (Individual Items for sale are hereinafter referred to as “Products.” Also, the Architect User who intends to sell or sold Individual Items is hereinafter referred to as the “Seller User,” and the Member who intends to purchase or purchased Individual Items is hereinafter referred to as the “Purchaser User.”).
2. Products for sale in the Service shall not be sold in other services.
3. Products which were purchased in the Service shall not be resold.
4. The sale of Products in the Service adopts the “purchase before sale” system. Namely, when the Purchaser User makes application to purchase Individual Items of the Architect User by the method specified by the Company, on condition that the Products are deposited with the Company or delivered to the Company by the Architect User, the Company concurrently purchases the Products from the Architect User who sells his or her Individual Items in the method specified by the Company, at the sales price which the Architect User registered on the Sites beforehand, and sells the Individual Items to the Purchaser User at the same price. The Company can sell Products by utilizing the Sites or the service provided by the third party, in accordance with the Architect User’s designation.
5. The Seller User shall set the sales price of Products at 50,000 yen (excluding tax) or more.
6. The Seller User who intends to sell Products shall put such Products up for sale in the method specified by the Company, and send the correct data regarding the Products which are put up for sale (hereinafter referred to as the “Products Information”). If the Products are currently leased to permanent exhibits, etc., such status shall be stipulated on the Sites in the method specified by the Company, and the sale of such Products shall start after the lease period.
7.If any incorrect information is included in the Products Information, or Products violate the copyright or any other rights of third party, the Seller User shall bear full responsibility.
8.The Seller User who sold Products by utilizing the Service shall pay the handling charge which is equivalent to 20 % of the sales price of the Products (excluding tax) to the Company. In addition to the handling charge, the Seller User also shall pay the retrieval fee which is specified in the Paragraph 2 in Attachment 1.
9.After the Company sold Products to the Purchaser User through the Service and actually received the amount of money equivalent to the sales price from the Purchaser User, the closing takes place at the end of the month where the delivery of Products to the Purchaser User is completed. By the end of the following month, the Company shall pay the Seller User the amount which remains after deducting the handling charge specified in the preceding Paragraph from the sales price, by transferring such money to the bank account specified by the Seller User. The bank transfer fee shall be borne by the Seller User.
2. Products for sale in the Service shall not be sold in other services.
3. Products which were purchased in the Service shall not be resold.
4. The sale of Products in the Service adopts the “purchase before sale” system. Namely, when the Purchaser User makes application to purchase Individual Items of the Architect User by the method specified by the Company, on condition that the Products are deposited with the Company or delivered to the Company by the Architect User, the Company concurrently purchases the Products from the Architect User who sells his or her Individual Items in the method specified by the Company, at the sales price which the Architect User registered on the Sites beforehand, and sells the Individual Items to the Purchaser User at the same price. The Company can sell Products by utilizing the Sites or the service provided by the third party, in accordance with the Architect User’s designation.
5. The Seller User shall set the sales price of Products at 50,000 yen (excluding tax) or more.
6. The Seller User who intends to sell Products shall put such Products up for sale in the method specified by the Company, and send the correct data regarding the Products which are put up for sale (hereinafter referred to as the “Products Information”). If the Products are currently leased to permanent exhibits, etc., such status shall be stipulated on the Sites in the method specified by the Company, and the sale of such Products shall start after the lease period.
7.If any incorrect information is included in the Products Information, or Products violate the copyright or any other rights of third party, the Seller User shall bear full responsibility.
8.The Seller User who sold Products by utilizing the Service shall pay the handling charge which is equivalent to 20 % of the sales price of the Products (excluding tax) to the Company. In addition to the handling charge, the Seller User also shall pay the retrieval fee which is specified in the Paragraph 2 in Attachment 1.
9.After the Company sold Products to the Purchaser User through the Service and actually received the amount of money equivalent to the sales price from the Purchaser User, the closing takes place at the end of the month where the delivery of Products to the Purchaser User is completed. By the end of the following month, the Company shall pay the Seller User the amount which remains after deducting the handling charge specified in the preceding Paragraph from the sales price, by transferring such money to the bank account specified by the Seller User. The bank transfer fee shall be borne by the Seller User.
Article 46. Purchase of Products
1.Members who intend to purchase Products shall make application for purchase in accordance with the method specified by the Company, and send the correct data regarding the application (hereinafter referred to as the “Application Information”).
2.If any incorrect information is included in the Application Information, the Purchaser User shall bear full responsibility.
3.The purchase and sale agreement between the Purchaser User and the Company about Products pertaining to the application shall be concluded at the time when the Purchaser User clicked the button of “Purchase” on the Sites in accordance with the method specified by the Company.
4. The Purchaser User shall pay the Company for the charge and consumption tax arising from the purchase of Products in full, in the method specified by the Company, except as otherwise provided or agreed by the Company. The expense incurred in the payment shall be borne by the Purchaser User.
2.If any incorrect information is included in the Application Information, the Purchaser User shall bear full responsibility.
3.The purchase and sale agreement between the Purchaser User and the Company about Products pertaining to the application shall be concluded at the time when the Purchaser User clicked the button of “Purchase” on the Sites in accordance with the method specified by the Company.
4. The Purchaser User shall pay the Company for the charge and consumption tax arising from the purchase of Products in full, in the method specified by the Company, except as otherwise provided or agreed by the Company. The expense incurred in the payment shall be borne by the Purchaser User.
Article 47. Payment
1. The Purchaser User who concluded the purchase and sale agreement about Products shall make the lump-sum payment of the purchase price and consumption tax with a credit card issued by a credit card company approved by the Company, in accordance with the membership rules of such credit card company. However, only the Purchaser User who respectively agreed with the Company on the payment by bank transfer can make the payment by bank transfer.
2. Regarding the payment by the credit card, the Purchaser User shall use a credit card with the same cardholder name as the Purchaser User.
3. In case the payment by the credit card prescribed in the Paragraph 1 of this Article cannot be settled due to the expiry of the Purchaser User’s credit card or other circumstances, the Purchaser User shall immediately pay the unpaid amount in accordance with the method specified by the Company. In case of the payment by bank transfer, the bank transfer fee shall be borne by the Purchaser User.
4. In case a dispute arises between the Purchaser User and such credit card company in relation to the charges or other obligations, such dispute shall be resolved between the parties, and the Company shall not be held liable in any way.
2. Regarding the payment by the credit card, the Purchaser User shall use a credit card with the same cardholder name as the Purchaser User.
3. In case the payment by the credit card prescribed in the Paragraph 1 of this Article cannot be settled due to the expiry of the Purchaser User’s credit card or other circumstances, the Purchaser User shall immediately pay the unpaid amount in accordance with the method specified by the Company. In case of the payment by bank transfer, the bank transfer fee shall be borne by the Purchaser User.
4. In case a dispute arises between the Purchaser User and such credit card company in relation to the charges or other obligations, such dispute shall be resolved between the parties, and the Company shall not be held liable in any way.
Article 48. Delivery of Products
After the conclusion of the purchase and sale agreement about Products, Products shall be delivered by hand to the Purchaser User at the specified business office of the Company within 14 days from the date of purchase, and the expense incurred in the delivery shall be borne by the Purchaser User.
Article 49. Processing and Repairs of Products
The Purchaser User shall agree that the Company may process or repair Products as necessary, subject to notice to the Purchaser User. However, the Company is not obligated to process and/or repair Products.
Article 50. Cancellation of Purchase
1. If there is a substantial difference between the photo or explanation which introduces Products in the Service and the purchased Products, the Purchaser User can cancel the purchase of Products, only if the Purchaser User notifies the Company about it in the method specified by the Company during the period from the purchase to the delivery of Products.
2. If the Purchaser User canceled the purchase in accordance with the preceding Paragraph, the Purchaser User shall bear 960 yen (excluding tax) per Product as the cancellation fee, and the Company promptly refunds the amount which remains after deducting the cancellation fee from the sales price to the Purchaser User.
3.If the Purchaser User did not appear at the specified business office of the Company on the date of delivery, the purchase of the Products shall be deemed to be canceled, and the provision in the preceding Paragraph shall apply to such case.
2. If the Purchaser User canceled the purchase in accordance with the preceding Paragraph, the Purchaser User shall bear 960 yen (excluding tax) per Product as the cancellation fee, and the Company promptly refunds the amount which remains after deducting the cancellation fee from the sales price to the Purchaser User.
3.If the Purchaser User did not appear at the specified business office of the Company on the date of delivery, the purchase of the Products shall be deemed to be canceled, and the provision in the preceding Paragraph shall apply to such case.
Supplementary Provisions
Established and effective as of November 27, 2017
Revised February 7th, 2019 Revised February 7th, 2019
Established and effective as of November 27, 2017
Revised February 7th, 2019 Revised February 7th, 2019
Attachment 1
[Table of Fees]
1. Storage Fee
(1) Architect Users shall pay the following Storage Fee. Storage Fees are not prorated on a daily basis, but as monthly fees.
(2) Deposit Price shall be 10,000 yen per item.
2. Retrieval Fee (*Advance reservation required)
Processing charge 960 per retrieval per item(excluding consumption tax)
3. Sales commission
20 % of the sales price of the Products(excluding consumption tax)
1. Storage Fee
(1) Architect Users shall pay the following Storage Fee. Storage Fees are not prorated on a daily basis, but as monthly fees.
Measurement (Width×Depth×Height) |
Monthly Storage Fee (excluding consumption tax) |
|
---|---|---|
1 unit | 100cm×100cm×45cm *However, an Individual Item must be within 200cm×175cm×90cm or within 175cm×200cm×90cm. |
500 yen |
(2) Deposit Price shall be 10,000 yen per item.
2. Retrieval Fee (*Advance reservation required)
Processing charge 960 per retrieval per item(excluding consumption tax)
3. Sales commission
20 % of the sales price of the Products(excluding consumption tax)