These Terms of Service set the terms and conditions for the use of various services (Hereinafter referred to as "the Service") provided by Mingleee, Inc. (hereinafter referred to as "we" or "us") on the "mingleee" Internet service operated by us.
1-1. The Service is an online CToC service. It provides a place and opportunity for the provision and enjoyment of services between members (Defined in the following article.), and all service contracts between members, service contents, and guarantees for purchases, etc., are the sole responsibility of the members concerned, and we do not provide services ourselves, nor do we accept any consignment of sales or purchases. Except as otherwise provided in these Terms and Conditions, we are not involved in the execution of transactions, including cancellation, termination, return, refund, or guarantee of sales contracts.
1-2. The Service shall be as set out in the Terms of Service.
2-1. DefinitionsIn these Terms of Service, the following terms shall have the following meanings unless otherwise defined or the context requires a different interpretation.
2-1-1. “User" means a Member who purchases Content through The Service.
2-1-2. “Content" means the content of the services provided by the Supplier.
2-1-3. “Supplier" means a member who provides content.
2-1-4. “Privacy Policy" means the privacy policy (Regardless of the name by which it is called.) set forth by the Company.
2-1-5. "terms and conditions" shall mean these Terms of Service, all of which together constitute these Terms of Service.
2-1-6. “Member" means an individual who uses The Service and a corporation designated by the Company.
2-1-7. Usage Fee" means a fee collected by the Company from Members in connection with the use of The Service(Sales commission, settlement fee, or whatever other name may be used).
2. ApplicationThe definitions in this Article shall apply to the Terms of Service as well as to the Privacy Policy, unless otherwise defined or the context requires a different interpretation.
3-1. Agreement to and application of these terms and conditionsThe purpose of these Terms of Service is to define the terms and conditions of use of The Service between the Member and the Company, and applies to all relationships between the Member and the Company regarding the use of The Service. By using The Service, the Member is deemed to have agreed to these Terms of Service.
3-2. In case of minorsIf a Member is a minor, the Member must obtain the comprehensive consent of a legal representative, such as a person with parental authority, before using The Service. If a Member is a minor, we may contact the Member or his/her legal representative to confirm whether or not the legal representative has given his/her consent.
3-3. Modification of these Terms and ConditionsWe reserve the right to modify these Terms and Conditions from time to time as necessary by posting notices on our website or in appropriate places within the application.The Member's use of The Service after any changes to these Terms of Service will be deemed to constitute the Member's agreement to such changes. Members who do not agree to the changes in the Terms of Service should discontinue their use of The Service. We shall not be liable for any damages incurred by the Member as a result of any revision or modification of these Terms and Conditions, unless such revision or modification is due to our intentional or negligent acts or omissions.
4-1. RegistrationMember registration must be done in person. Please be sure to enter accurate information when registering as a member.
4-2. Prohibition of Multiple RegistrationsIndividual members and persons seeking to become members may not register more than one member.
4-3. Denial of RegistrationWe reserve the right to deny the application of any person who falls under any of the following items.
4-3-1. Failure to meet the membership qualifications in 3-2 and 4-2
4-3-2. If you have been suspended or otherwise disciplined by us for violations of the Terms of Service in the past.
4-3-3. Inaccurate or false information is included in the registration information.
4-3-4. When we determine, based on reasonable grounds, that the Member has committed or may commit an act that interferes with or may interfere with our operation, provision of services, or other Members' use of them.
4-3-5. falling under the category of crime syndicates, organized crime group members, persons who have not ceased to be organized crime group members for a period of five years, quasi-organized crime group members, companies affiliated with organized crime groups, general assemblymen, etc., persons who are involved in social activities or special intelligence groups, or other similar persons, terrorists (These are hereinafter referred to as "Crime Group Members, etc."), or other persons designated by the Japanese government or foreign governments as targets of economic sanctions. It is found that the applicant has a certain relationship with a crime group, etc., or a crime group member, etc.(i.e., the applicant is found to be involved in providing funds or benefits to Boryokudan-in etc., or is found to be making unjust use of Boryokudan-in etc., or, if the applicant is a corporation, is found to be controlled by or substantially involved in the management of the corporation by a Boryokudan-in etc., or is found to be a member of a Boryokudan-in etc., or is found to be a person who has been involved in the management of the corporation by a Boryokudan-in etc. (If the applicant is a juridical person, the applicant must be recognized as having a socially reprehensible relationship with crime group members, etc.) (All of the above are hereinafter collectively referred to as "Anti-Social Forces")
4-3-6. Other cases in which we determine, based on reasonable grounds, that it is inappropriate.
4-4. Member AssuranceMembers shall ensure that they do not, and will not in the future, fall under any of the categories of antisocial forces, and that they will not, by themselves or through the use of third parties, engage in violent demands, unreasonable demands beyond legal responsibility, use threatening words or actions or violence in connection with transactions, spread rumors, use deception or force, damage the Company's credibility, or obstruct the Company's business, or engage in any other similar acts. Injuring our credibility or obstructing our business by spreading false rumors, using deceptive means, or using force or obstructing our business by spreading rumors, using false information or using force, or any other similar acts.
4-5. Changes to Registered InformationMembers are responsible for maintaining and correcting their registration information to ensure that it is accurate at all times. If there is a change in the registration details but the member has not made the change, we may assume that there has been no change in the registration details. Even if a change is notified, transactions and various procedures conducted prior to the registration of the change may still rely on the information that existed prior to the change.
4-6. Management of Account InformationMembers are responsible for managing the email address and other information (Hereinafter referred to as "Account Information"). they have entered. Members may not allow third parties to use Account Information, nor may they transfer, sell, pledge, lend, lease, or otherwise dispose of Account Information in any form.
4-7. Unauthorized use of account informationMembers shall be responsible for any damages caused by leakage of information due to inadequate management of account information, errors in use, use by a third party, unauthorized access, etc. The Company shall not be liable for such damages unless they are caused by the willful misconduct or negligence of the Company. In addition, the Member shall compensate the Company for any damages incurred by the Company as a result of unauthorized use of account information.
4-8. Leakage of Account InformationMembers shall promptly notify us if their account information has been leaked to a third party or if there is a possibility of such a leak. In addition, the Member shall follow any instructions given by the Company at that time.
5-1. Cancellation and Suspension of Member RegistrationIf a member falls under any of the following items, or if we have reasonable grounds to believe that a member has fallen under any of the following items, we may, without prior notice, cancel the member's registration, deny access to all or part of The Service, suspend use, etc., or delete all or part of the contents and information related to the member. We shall not be obliged to explain the reason for such action. In addition, in order to confirm that the Member does not fall under any of the following items, we may verify the identity of the Member as we deem necessary, and may take measures such as denying access to or suspending use of all or part of The Service until such verification is completed.
5-1-1. In case of violation of laws and regulations or these Terms and Conditions
5-1-2. If there is any fraudulent activity
5-1-3. If we determine that the information you have registered is false
5-1-4. If you fail to follow the procedures or contact us as required by these Terms and Conditions
5-1.5. When the registered information is a duplicate of an existing registration
5-1-6. If the registered cell phone number or e-mail address is found to be disconnected
5-1-7. If a member becomes insolvent, uninsured, or unable to pay his or her debts
5-1-8. If the Member causes undue inconvenience to other Members or third parties
5-1-9. If a member's account at a registered financial institution is found to be illegal, inappropriate, or otherwise problematic.
5-1-10. If any of the above cases falls under any of
4-3.5-1-11. If the Member, by himself/herself or a third party, makes violent demands, demands beyond legal responsibility, uses threatening language or violence, or spreads rumors, uses deception or force to damage credibility or obstruct business.
5-1-12. Any other cases in which the Company deems a member to be unsuitable for membership.
5-2. Prohibition of Use of ServicesThe Company may prohibit any Member who has been subjected to the measures described in this Article from using or accessing the services provided by the Company in the future.
5-3. Disclaimer of liabilityWe shall not be liable for any damages resulting from actions taken under this Article, unless such damages are caused by our willful misconduct or negligence.
6-1. Procedure for withdrawal from membershipMembers may request that we withdraw from membership, and may do so if they are approved by our judgment. However, the Member may not withdraw from membership if there are any transactions that have not yet been completed, such as the settlement of a transaction or the mailing of a product, and the Member must complete the series of unfinished transactions smoothly and without delay in accordance with these Terms and Conditions before submitting a request for withdrawal to the Company. If the Member is still in possession of sales proceeds at the time he/she wishes to withdraw from the membership, he/she must settle all such proceeds before withdrawing from the membership.
6-2. Disclaimer of liabilityWe shall not be liable for any damages resulting from actions taken under this Article, unless such damages are caused by our willful misconduct or negligence.
7-1. Privacy policyIn addition to these Terms and Conditions, we will handle personal information in accordance with our Privacy Policy.
7-2. Consent to privacy policyBefore using or browsing The Service, Members shall check the Privacy Policy on the Service and agree to its contents before using the Service.
7-3. Use by MembersMembers may use personal information obtained through The Service only within the scope of use of the Service, and may not use it for any other purpose.
We prohibit any conduct by members and third parties who come into contact with The Service that we deem, based on reasonable grounds, to fall under any of the prohibited conducts in the Guide (hereinafter referred to as "Prohibited Conduct").
9-1. Posting ProceduresSuppliers are required to post their content in accordance with the procedures specified by us. Prior to posting, suppliers are required to enter into a contract with us. Suppliers shall use the service in accordance with the terms and conditions of this Agreement. We will establish and review criteria for posting methods, and if a supplier does not meet the criteria, we may restrict the use of such posting methods.
9-2. Prohibited contentSuppliers agree in advance that they may not post any content that is listed as prohibited by the Company (hereinafter referred to as "Prohibited Content"). The posting of Prohibited Content shall be deemed a violation of these Terms and Conditions, regardless of whether it is intentional or negligent on the part of the Supplier.
9-3. Description of contentWhen posting content, suppliers shall not post content that they do not truly intend to provide, that content information alone may not be properly understood or may cause confusion, or that does not provide sufficient explanation in the content description. In addition, suppliers must not post images or other content information that is unrelated to the product being posted.
9-4. Compliance with laws and regulationsSuppliers must comply with the Secondhand Articles Dealer Act, Act on Specified Commercial Transactions, Act Against Unjustifiable Premiums and Misleading Representations, Unfair Competition Prevention Act, Trademark Act, Copyright Act, and other applicable laws and regulations when listing their products.
9-5. Violation of these Terms of Service Regarding PostingsIf we determine, based on reasonable grounds, that a posting violates these Terms of Service or is inappropriate, we may, at our discretion, cancel the posting or any purchases that have occurred in response to the posting. We shall not be liable for any loss or damage incurred by the Member as a result of any action taken in accordance with this paragraph, unless such loss or damage is caused by our intentional or negligent conduct.
9-6. Disclaimer of liabilityWe shall not be liable for any damages incurred by users or third parties as a result of the Supplier's posting or otherwise, except in cases where such damages are caused by our intentional or negligent acts or omissions.
10-1. Purchase procedureThe User shall place an order with the intent to purchase in accordance with the procedures specified by the Company.
10-2. Intent to purchaseUsers may not place orders with no intent to purchase, or orders that, at our discretion, appear to be for the purpose of mischief.
10-3. Required dataIf the data specified by our company, such as data related to the price of contents and action data of sales intention, cannot be confirmed to have reached the server managed by our company within the time frame specified by our company for starting transactions, the order shall become invalid, and the user shall agree to this in advance.
10-4. Prohibition on Suppliers purchasing their own contentsSuppliers may not purchase their own purchasing contents. If a Supplier wishes to withdraw its own content from Publishing Procedures, the Supplier shall follow the procedures specified by the Company.
10-5. Disclaimer of liabilityWe shall not be liable for any damages incurred by you or any third party as a result of your order or purchase, unless such damages are caused by our intentional or negligent acts.
11-1. Conclusion of purchase contractA purchase agreement for a specific piece of Publishing Procedures shall become effective when the User completes the Purchasing procedures for the relevant piece of Content. Neither the Supplier nor the User may assign, offer as security, or otherwise dispose of the rights and obligations arising under the sales contract to a third party.
11-2. Payment deadline and shipping chargesUpon conclusion of a purchase agreement, the user shall pay for the contents in the manner specified by the Company.
11-3. Problems related to contentIn the event that a dispute arises between a supplier and a user regarding content, the dispute shall be resolved between the members concerned. However, at our discretion, we may also participate in the discussion.
11-4. Cancellation and content defectsThe use of the Service shall not be cancelled after an order for Content has been placed, unless otherwise agreed upon between the Supplier and the User. The Supplier shall be responsible for any defects in the Content or apparent discrepancies between the description of the Content and the actual Content, and shall provide refunds at the Supplier's responsibility and expense.
11-5. Payment proceduresWhen payment or settlement is required for the Service, it shall be made through the online system of the Service, and the details of such payment or settlement shall be as set forth in the guide in the Service. We are not a content provider to the user for the use of this service, and therefore, we do not issue a receipt to the user for the payment made by the user. The user shall be responsible for the payment of the necessary expenses as specified in the guide in the service.
11-6. Non-payment and late paymentIn the event that a user fails or delays to make a payment required under the Terms of Service, the use of the Service by such user may be terminated without notice to the user through the Company.
11-7. Disclaimer of liabilityWe shall not be liable for any damage incurred by the user due to the use by a third party of the payment method or financial institution information entered by the user into this service, or due to the inaccuracy of the entered information, or due to our taking or not taking any action in accordance with this article, unless such damage is caused by our intentional or negligent act. We shall not be liable for any damage incurred by the user due to the use of the information by a third party or the inaccuracy of the input information, or the implementation or non-implementation of measures based on this article, unless such damage is caused by our intention or negligence.
12-1. Evaluation by userAfter receiving the contents, the user shall evaluate the supplier in accordance with the method prescribed by the Company. However, if the User wishes to cancel the transaction in the event that the Content is defective, or if there is a clear difference between the description of the Content and the actual Content, the User shall not evaluate the Supplier.
12-2. Completion of transactionA transaction shall be deemed to be completed when payment of the price has been completed and the Company receives a notice from the Supplier to the effect that the Supplier has provided the content related to the transaction. If the User does not evaluate the contents within the period specified by the Company and the Supplier performs the procedures specified by the Company, or if the Company deems it necessary, the Company may deem the transaction to be completed.
13-1. Even if a purchase agreement has been concluded, we may cancel the purchase agreement if any of the following items applies, or if we determine, based on reasonable grounds, that any of the following items applies.User fails to pay or delays paymentFailure of the supplier to provide contentWhen we deem it necessary for the appropriate operation of this service
13-2. In the event that the purchase agreement is cancelled pursuant to the preceding paragraph, the user and the supplier shall take all necessary actions to return the content already received to the original state before the purchase agreement was concluded, including the return of the content already received.
13-3. If we deem it necessary for the proper operation of this service, we may offer compensation to the user or supplier, in whole or in part, up to an amount equivalent to the purchase price of the relevant purchase agreement. In the event that we compensate the User for the amount equivalent to the purchase price, we may require the User to transfer to us the ownership of the goods pertaining to the relevant purchase agreement.
In the event that a sales contract for the posted contents is concluded, the Supplier shall pay to the Company an amount equal to the sales price of the product for which the sales contract is concluded multiplied by a rate determined separately by the Company as a sales commission for the Service. The sales commission for the Service shall be deducted from the price received by us on behalf of the Supplier in accordance with the contract between us and the Supplier, and the Supplier agrees in advance that we may collect the sales commission in this manner.
We may post content on the Service. In such cases, this will not affect the nature of the Service as an online service that provides a place and opportunity for Members to provide Content.
Even if a user Purchasing contents posted by us, we may not be able to provide the contents due to system trouble or other circumstances. In such a case, we may, at our discretion, terminate the sales contract with the user for such Content, and shall refund the money to the user or take other measures that we deem appropriate.Purchasing contents posted by us shall not be canceled by the user except in the case of default of our company (this includes cases where the content is defective) or due to our company's willful misconduct or negligence.
A User who Purchasing contents posted by the Company shall contact the Company in the manner prescribed by the Company in the event that the contents are defective. In such a case, the user shall follow our instructions regarding the return of the product, etc., and we may refund the money or take other measures that we deem appropriate.When Purchasing contents posted by our company, the user shall pay the price and perform other acts that are considered to be performed by the user in accordance with the Terms of Service.
In using the Service, the User may be transferred from the Service to other services operated by our group or third parties ("External Services"). Users shall agree to this in advance, and shall use the Service and External Services in compliance with the Terms of Service and the terms of use, etc. of the External Services. We do not guarantee the use of the External Services.
17-1. Interruption of this service
We reserve the right to temporarily suspend all or part of the Service without prior notice to the User in any of the following cases
In the event of failure or malfunction of servers, communication lines, or other equipment, or for any other reason that makes it impossible to provide this serviceIn the event of periodic or emergency maintenance, inspection, repair, or modification of the system (including servers, communication lines and power supplies, and the buildings that house them)
In the event that provision of the Service becomes impossible due to fire, power outage, etc.
In the event that provision of the Service becomes impossible due to natural disasters such as earthquakes, eruptions, floods, tsunamis, etc.
In the event that provision of this Service becomes impossible due to war, disturbance, riot, civil commotion, labor disputes, or other force majeureIn the event that provision of the Service becomes impossible due to laws and regulations or measures based on such laws and regulations; or
When we deem it necessary for other operational or technical reasons
17-2. Termination and modification of the ServiceWe may terminate or change all or part of the Service for any reason in accordance with the procedures prescribed by applicable laws and regulations. In the event of termination of the Service, we shall notify users of such termination or publicly announce such termination as far in advance as possible in a manner we deem appropriate.
18-1. Ownership of intellectual property rightsThe rights to all materials comprising the Service are the property of the Company or third parties that own such rights. Members shall not acquire any rights to any and all materials in the Service, and shall not engage in any conduct that infringes on any intellectual property rights, including ownership rights and copyrights, portrait rights, publicity rights, or any other rights related to content materials without the permission of the rights holder. The permission to use the Service pursuant to the Terms of Service shall not be construed as a license to use the rights of the Company or any third party that owns such rights in relation to the Service.
18-2. Use by our companyWe and our designees are free to use photos, videos, information, etc. submitted by the Provider for the purpose of advertising, operation, research and development, and presentation of this service.
18-3. Responsibility for contentWe do not check the content, quality, accuracy, authenticity, legality, up-to-dateness, or usefulness of the content. We do not guarantee any of them.
18-4. ContentMembers must judge for themselves the content, quality, accuracy, authenticity, legality, currency, usefulness, etc. of the content transmitted or posted by other members. We shall not be liable for any damage caused by the use of our content by members or third parties, except in cases where such damage is caused by our intention or negligence.
18-5. BackupThe Company shall not be obligated to back up the Content. If you need to back up your Content, you shall do so at your own expense and responsibility.
18-6. Modification and deletion of contentIf we determine that a user has violated the Terms of Service or acted inappropriately in light of the spirit of the Terms of Service, we may change or delete any content posted by the user without prior notice.
19-1. Preparation of necessary equipmentUsers shall prepare and maintain at their own expense and responsibility the computers, smartphones and other devices, software, communication lines and other communication environment necessary to receive the Service. Members must also install and operate such equipment, software, communication environment, etc. at their own cost and responsibility. We do not guarantee that the Service is compatible with any equipment, and we are not involved in any way in the preparation, installation, or operation of such equipment, nor do we provide any support to Members.
19-2. Passing through networksMembers understand that they may pass through various networks when using the Service, and that the contents of data, signals, etc. may be altered in order to connect to or pass through them, depending on the network or equipment connected to the Service. You shall use the Service with the understanding that the contents of data, signals, etc. may be changed in order to connect to or pass through such networks or devices.
19-3. Conclusion of proceduresAll input, posting, purchases, withdrawals, and other procedures that a Member performs through the Internet are effective when the data related to such procedures is sent to our server and the contents of such procedures are reflected in our system.
19-4. Resolution of troublesMembers shall be responsible for resolving at their own expense and responsibility any problems that may arise between members or between members and third parties in relation to the service (this includes problems that occur under the assumption that you will use the Service in the future). In the event that a problem arises, it shall be resolved between the parties concerned, and if we suffer any damage as a result of such a problem, the parties concerned shall jointly and severally compensate us for such damage.
19-5. Resolution of disputes with third partiesIf any dispute arises between a member and a third party in relation to the service, including any kind of trouble such as a lawsuit, claim, or demand, the member shall resolve the dispute at his/her own responsibility and expense, and we shall not be involved in any way in such dispute. If such disputes arise due to the user's intention or negligence, the member shall jointly and severally indemnify us for any damages incurred by us as a result of such disputes.
19-6. Bearing of expensesIn the event of a dispute between the Company and a Member, the Member shall indemnify the Company for damages incurred by the Company in connection with the dispute, if the dispute is caused by the Member's intentional or negligent conduct.
20-1. Non-warranty regarding contentWe do not guarantee the contents, quality and standard of the Service, stable provision of the Service, or the results of using the Service.
20-2. Disclaimer of LiabilityWe shall not be liable for any damages to members or third parties caused by inaccurate, inappropriate, or unclear content, expressions, or actions in the provision of this service, unless such damages are caused by our willful misconduct or negligence.
20-3, Non-warranty regarding the provision of informationAlthough we may provide information to Members in connection with the Service, we do not guarantee the accuracy or usefulness of such information.
20-4, Non-warranty regarding computer viruses, etc.We do not guarantee that the contents related to this service do not contain computer viruses or other harmful contents. We shall not be liable to the Member or any third party for any damage caused by the inclusion of computer viruses or other harmful content related to the Service, unless such damage is caused by our intentional or negligent conduct.
21-1. Liability of membersIf a Member violates any of the Terms of Service, the Member shall be liable for any and all damages, including, but not limited to, liability for compensation to the Member and third parties damaged as a result of such violation. If we suffer damages as a result of a Member's violation, the Member and other related parties shall jointly and severally indemnify us for such damages.
21-2. Disclaimer of LiabilityWe shall not be liable to compensate for any loss or damage incurred by a Member in connection with the Service, including but not limited to suspension, termination or modification of the Service by us, cancellation of Member registration, deletion or loss of contents, loss of data or malfunction of equipment due to use of the Service, unless such damage is caused by our intentional or negligent act. The Company shall not be liable for any damages incurred by the Member in connection with the Service.
21-3. Scope of our liabilityIn the event that we are liable to the Member for damages, our liability shall be limited to direct and ordinary damages actually incurred by the Member as a result of our default or tortious act. However, this excludes cases arising from our willful misconduct or gross negligence.
22-1. NoticeNotices or communications from us to Members regarding the Service shall be posted on our website, in appropriate locations within the application, or by other means deemed appropriate by us. When we deem it necessary to notify or contact individual members, we may do so by using messaging functions, e-mail, postal mail, telephone, etc., to the registered e-mail address, address, or telephone number.If a Member needs to notify, contact, or inquire of the Company, the Member shall use the inquiry form of the Service, and shall not call or visit the Company. When we receive such contact or inquiry, we may verify the member's identity in a manner determined by us. In addition, the Company may use any method it deems appropriate for responding to inquiries, and the Member shall not be able to determine the method of response.
22-2. Prohibition of assignmentThe Member may not assign, transfer, grant a security interest in, lend, or otherwise dispose of his/her contractual status under the Terms of Service or his/her rights or obligations under the Terms of Service to any third party without the prior written consent of the Company.
22-3. Business transferIn the event that we transfer the business of the Service to a third party (including business transfers, corporate divestitures, and any other cases in which the subject matter of this service is transferred), we may transfer the Member's contractual status under the Terms of Service, rights and obligations under the Terms of Service, and information registered in connection with Member registration and other information to the transferee of the business, and the Member shall consent to such transfer in advance. The Member shall consent to such transfer in advance.
22-4. SeverabilityIf any provision of Terms of Service, or any part thereof, is determined to be invalid under any law or regulation, the remaining portions shall remain in full force and effect.
22-5. Matters not stipulated hereinIn the event that any matter is not stipulated in the Terms of Service or any question arises regarding the interpretation of the Terms of Service, the Company and the Member shall promptly resolve the matter through consultation in accordance with the principle of good faith and belief.
22-6. LanguageThe Terms of Service shall be written in Japanese. Even if an English translation of the Terms of Service has been prepared for reference purposes, only the original Japanese text shall be deemed effective as the Agreement, and the English translation shall have no effect whatsoever.
22-7 Governing Law and JurisdictionThe Terms of Service shall be governed by and construed in accordance with the laws of Japan, and the Tokyo Summary Court or the Tokyo District Court shall have exclusive jurisdiction in the first instance over any dispute arising between the Member and the Company.
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