Terms and Conditions of Use
-
These Terms and Conditions stipulate the handling of the Services (as defined in Article 1) provided by X PLUS Co. Ltd. (hereinafter referred to as "we"or"us").
You agree to these Terms and Conditions of Use before using the Services.
Article 1 (Definitions)
-
Terms used herein shall be defined as follows:
-
Services
- Services that are available on 3D for goods, Services and data on the website of our designated goods and Services (the "Designated Goods").
-
Designated Goods
- Means the goods, Services and data subject to transactions in the Services.
-
User
- Persons who use the Services.
Article 2 (Application of the Terms and Conditions)
- These Terms and Conditions of Use shall apply to any and all relationships between the User and us with respect to the use of the Services.
- In addition to these Terms and Conditions of Use, we may stipulate various rules (hereinafter referred to as the "Individual Provisions") concerning the Services. These Individual Provisions, irrespective of their names, shall form a part of this Agreement.
- In the event the provisions of this Agreement conflict with the individual provisions of the preceding paragraph, the individual provisions shall prevail unless otherwise specified in the individual provisions.
Article 3 (Consent to the Terms and Conditions)
- In order to use the Services, the User must agree to this Agreement in advance.
- When the User agrees to and agrees to the terms of use in the manner designated by us, a contract in accordance with the terms and conditions of this Agreement shall be concluded.
- If you are a minor, please use the Services with the consent of the person who has parental authority or other legal representative. In addition, in the event User who was a minor at the time of consent to this Agreement uses the Services after he/she has attained the age of majority, such user shall be deemed to have ratified all legal acts and acts of use relating to the Services while such user was a minor.
- In the event that a minor uses the Services falsely or falsifies his or her age as adult despite the absence of the consent of his or her legal representative, or uses fraud to induce others to believe that he or she is a person with capacity to act (in accordance with the provisions of the Civil Code and other laws and regulations), no juristic act relating to the Services may be rescinded.
Article 4 (Account Management)
- Accounts for the Services will be created at the start of use of the Services. The User shall manage the account at his/her own responsibility, and the User shall not allow a third party to use the account or lease, transfer, change the name, sell or purchase the account.
- When starting the use of the Services, the User may register our predetermined information (hereinafter referred to as "account registration"). We shall not be responsible for any problems caused by defects or errors in the contents registered by the user.
- The account of the Services may not be transferred, leased, or inherited by a third party. The User must manage the user ID, password, registration information, and other information registered when using the Services at the user's own responsibility to prevent unauthorized use by third parties. The User shall be solely responsible for any liability arising from improper disclosure to third parties of the user ID, passwords, registered information, and other information, and use by third parties as a result thereof, and we shall not be responsible for any liability whatsoever.
- When the Services is used, we may treat it as having been used by the person identified by the account, and the result of such use and any and all responsibilities associated therewith shall belong to the person identified by the account.
- In the event the Account is stolen or found to be used by a third party, the User shall immediately notify us thereof and comply with the instructions provided by us.
- In the event of damage to us or a third party due to unauthorized use of the account, such damages shall be compensated to us and to a third party.
Article 5 (Fees)
- The use of the Services may incur commissions separately designated by us. In addition, in the event any network commission (including but not limited to GAS fees) and other necessary expenses are incurred in connection with the use of the Services, all such expenses shall be borne by the User. In addition, we shall not be liable for network commissions (GAS charges) for soaring GAS costs, delays in transactions, or failures in transactions.
Article 6 (Inspection of Designated Goods)
- The User may use the Services to reproduce and view the Designated Goods in his/her possession in 3D.
- We do not guarantee the legality, validity, or completeness of the Designated Goods when reproduced in 3D.
Article 7 (Provision, Discontinuation, Termination of Services)
- The User shall prepare the equipment and communication environment necessary for the use of the Services at his/her own expense and responsibility.
- We shall be entitled to change the contents of the Services, in whole or in part, or suspend or terminate the provision of the Services without prior notice to the User. In addition, we shall not be liable for any damages caused to the User as a result thereof.
Article 8 (Prohibitions)
-
When using the Services, we oblige the User to use the Services in a manner that complies with laws and regulations and prohibit the following acts. In the event of a violation, we may take such measures as suspending the use as we deem necessary.
- Act of infringing on the intellectual property rights of us or any third party.
- Defamation or unjust discrimination or libel or abuse of the reputation or reputation of us or a third party.
- Acts that infringe or threaten to infringe upon the property of us or any third party.
- Conduct that causes financial damage to us or to a third party.
- Threatening action against us or any third party.
-
Users submit the following information
- Information that is likely to cause damage to the rights and property of third parties.
- Information that is harmful to a third party or that can physically or psychologically harm a third party.
- Information pertaining to crime, tort, or dangerous acts and information that instigates or aids them.
- Information that is intended to or is likely to cause illegal, harm, intimidation, abuse, racial discrimination, defamation, reputation, insult, harassment, incitement, or discomfort.
- Information that is contrary to or known to be nonexistent.
- Information that the User does not have the right to control.
- Information that infringes intellectual property rights, including the copyrights of third parties, or other proprietary rights, or that infringes the public interest or the rights of individuals.
- Information such as images and documents used for child pornography or child abuse.
- Other information that we consider inappropriate.
- Computer viruses, harmful programs, or acts that induce them.
- Conduct that puts excessive stress on the infrastructure facilities for the Services.
- Attacks on the site's servers, systems and security.
- Attempting to access our Services in a manner other than our offered interface.
- The act of divulging information obtained from the Services.
- Any other act which we deem inappropriate.
Article 9 (Elimination of Anti-social Forces)
-
The User shall express and promise to us the matters listed in the following items and failure to comply with any commitment shall be deemed a breach of this provision.
- The User is not an organized crime group, a company related to an organized crime group, a general assembly, or a person equivalent thereto or a member thereof (hereinafter collectively referred to as an "anti-social force").
- The officer (meaning a member, director, executive officer, or any other person equivalent thereto who executes the business) of the User is not an anti-social force.
- Anti-social forces shall not make use of their own name and conclude this Agreement.
-
Do not commit any of the following acts by himself/herself or by using a third party
-
Acts using threatening words or deeds or violence against another party
- The act of using fraudulent means or force to interfere with the business of the other party or to impair the credibility of the other party
- In the event either we or User fall under any of the following items, the other party may terminate this Agreement without requiring any notice
- When a fact that is contrary to the commitment set forth in the preceding paragraph is found
- When an employee or an officer has become an anti-social force after the conclusion of a contract
Article 10 (Suspension or Discontinuation of Provision of Services)
-
We may suspend or suspend the provision of the Services, in whole or in part, without prior notice to the User if we reasonably determine that any of the following grounds exist:
- In the event of maintenance, inspection, or renewal of the system, etc., relating to the Services
- In the event it becomes difficult to provide the Services due to force majeure such as earthquake, lightning strike, fire, power failure or natural disaster.
- In the event the provision of all or part of the Services of other companies is suspended or suspended
- When the system, etc., or communication line, etc., related to the Services has been stopped due to an accident or for any other reason.
- In the event we reasonably deem it difficult to provide the Services.
- We shall not be liable for any disadvantage or damage suffered by the User or a third party due to the suspension or suspension of the provision of the Services.
Article 11 (Suspension of Use and Cancellation of Registration)
- In the event that a user falls under any of the following, we may, without prior notice to the User, at our discretion, restrict the User from using the Services in whole or in part, suspend or cancel the account of such user, or take any other measures that we reasonably deem necessary and appropriate.
- In the event of a breach of any of the provisions of this Agreement.
- In the event of a failure to meet the obligations of money (including cryptographic assets and digital assets) such as commissions.
- If we do not respond to our contacts within the specified period of time.
- In the event the Services has not been used for a certain period since its final use.
- In the event we reasonably determine that the use of the Services is inappropriate.
- If you suffer any damages (including attorneys' fees) directly or indirectly from using the Services (including claims made by us from a third party), you must compensate for the same immediately in accordance with our claims.
Article 12 (Non-Warranty)
- We do not warrant, express or implied, that the Services are free from de facto or legal nonconformances (including, but not limited to, defects, errors, bugs, infringements of rights, etc., relating to security, etc.), nor safety, reliability, accuracy, completeness, effectiveness, or fitness for a particular purpose.
Article 13 (Our Disclaimer)
- We are not involved in or responsible for PC and smartphone usage of our users.
- We shall not be liable for any damages caused by any change, suspension or termination of the Services.
- We are not responsible for the legality, morality, reliability and accuracy of the websites linked from each page of the Services.
- We shall not be liable for any damages directly or indirectly incurred by the User as a result of the use of the Services.
- We shall not be liable for loss of opportunity, business interruption or any other damages (including indirect damages and lost profits) incurred by the User or any other third party even if we have been informed in advance of the possibility of such damages.
- The provisions of subsections (1) through the preceding subsection shall not apply in cases where there is willful act or gross negligence on the part of the Company or where the User falls under the category of consumers under the Consumer Contract Act.
- We shall not be responsible for any dispute or trouble between the User and a third party. In the event of a problem between the User and a third party, both parties shall be responsible for solving the problem, and we shall not make any claim.
- In the event that the Company is liable for damages in connection with the use of the Services, the User shall be liable to compensate us for such damages up to the total amount paid by the User in the last one month as consideration for the Services.
- In the event that a user causes damage to other users or causes a dispute with a third party in connection with the use of the Services, the User shall, at his/her own expense and responsibility, compensate for such damage or resolve such dispute, and shall not cause any inconvenience or damage to us.
- In the event the Company receives a claim for damages from a third party due to an act performed by the User act, such claim shall be settled at the expense (attorney's expense) of the User and on his/her own responsibility.
- In the event we pay damages to such third party, the User shall pay to us all expenses (including attorneys' fees and lost profits) including such damages.
- In the event the user causes damage to us in connection with the use of the Services, the User shall be liable to compensate us for the damage (including court costs and attorneys' fees) at his/her own expense and on his/her own responsibility.
- We do not guarantee the accuracy of the information and content listed in the Services. We shall not be responsible for any disputes or problems with the information and content contained in the Services.
Article 14 (Amendment of these Terms and Conditions and Individual Provisions)
- We may amend this Agreement and the Individual Provisions within the scope of the purpose of the Services if we reasonably deem it necessary. In such event, we will inform Users of the amendments to this Agreement and the amended contents of this Agreement and the effective date thereof by posting them on this website or by any other means we reasonably deem appropriate prior to the effective date.
- The revised Terms and Conditions and the Individual Provisions shall become effective as of the effective date known to the public.
Article 15 (Handling of Personal Information)
- Personal Information and User information shall be handled appropriately in accordance with the rules and regulations set forth in the Privacy Policy established separately by us.
Article 16 (Notices or Communications)
- Notices or communications between the User and us shall be made in the manner prescribed by us.
- We will notify or contact the User using the registered contact information unless we receive a notification of change from the User in accordance with a method separately stipulated by us.
- Even in the event that a notification from us is delayed or fails to be delivered due to a failure to submit a notification of change by the User as set forth in the preceding clause, these communications shall be deemed to have been received by the User at the time when it was intended to arrive.
Article 17 (Prohibition of Assignment of Rights)
- The User shall not assign his/her position hereunder or any rights or obligations hereunder, in whole or in part, to any third party without our prior written consent.
- We may assign the Services, in whole or in part, to a third party at our discretion, in which case all rights of the User in connection with the Services, including the User's account, shall pass to the transferee to the extent of the assigned rights.
Article 18 (How to Contact Us)
- Any contact or inquiry by User to us with respect to the Services shall be made by submitting it from the Services or any inquiry form which will be located at the appropriate location on the website operated by us or by such other method as we may specify.
Article 19 (Rights in Content in Services)
- The User shall be entitled to use the contents of the Services only to the extent specified by us.
- We and third parties who have such rights have the right to all content provided by the Services. To the extent permitted by us, the User may license or license the patent right, utility model right, design right, trademark right, copyright, and other intellectual property right.
- The User shall not reproduce, transmit, transfer (including buying and selling between users), rent, translate, translate, adapt, reproduce without permission, use for secondary use, use for commercial purposes, alter, disassemble, decompile, reverse engineer, etc. in any manner beyond the scope of use specified by us.
- Notwithstanding the preceding clause, in the event a user loses his/her user status due to withdrawal from membership, the right to use the provided content shall also be extinguished.
Article 20 (Governing Law and Jurisdiction)
- The validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with the laws of Japan.
- The Osaka Summary Court or the Osaka District Court shall have exclusive jurisdiction over any controversy, lawsuit, or any other dispute between us and the User, depending on the amount claimed.