- Article 1 - Applicability
1. The purpose of these Terms (hereinafter referred to as the "Terms") is to define the rights and obligations between the Company (defined in Article 2) and the User (defined in Article 2) concerning the use of this service (defined in Article 2), and these Terms shall apply to all aspects of the relationship regarding the use of this service between the User and the Company.
2. The rules and regulations concerning this service that the Company periodically publishes on its website (defined in Article 2) shall constitute a part of these Terms.
- Article 2 - Definitions
In these Terms, the following terms shall have the meanings ascribed to them:
(1) "Option" shall mean services separately defined by the Company that registered users can utilize on this service.
(2) "Option Usage Fee" shall mean the consideration for the paid options paid by registered users to the Company.
(3) "External Services" shall mean services used in conjunction with this service, such as Facebook, AppStore, GooglePlay, and others.
(4) "External Service Providers" shall mean providers of external services.
(6) "Buyer" shall mean a registered user who purchases content from a seller through this service.
(7) "Content" shall mean products or services separately defined by the Company that registered users can sell to other registered users on this service.
(8) "Content Price" shall mean the consideration for the content in a content purchase agreement.
(9) "Content Purchase Agreement" shall mean the agreement entered into between the seller and the buyer through this service.
(10) "Consumer" shall mean a consumer as defined in Article 2, Paragraph 1 of the Consumer Contract Act.
(11) "Prize Money" shall mean the consideration for prizes purchased from the Company by registered users.
(12) "Intellectual Property Rights" shall mean copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights (including the rights to acquire such rights and the rights to apply for registration of such rights).
(13) "Company Website" shall mean the website operated by the Company with the domain "diiig.net" (including cases where the domain or content of the Company's website is changed for any reason).
(14) "Winner" shall mean registered users who have won in accordance with the ranking or drawing method defined separately by the Company for options.
(15) "Registration Applicant" shall mean individuals who wish to use this service.
(16) "Registration Information" shall mean certain information requested by the Company from registration applicants.
(17) "Registered User" shall mean individuals or corporations who have been registered as users of this service pursuant to Article 3.
(18) "Seller" shall mean registered users who sell content to other registered users through this service.
(19) "Sales Commission" shall mean the fee paid to the Company, as a processing fee in accordance with Article 8, Paragraph 4, for content purchase agreements.
(20) "This Service" shall mean the service provided by the Company under the name "DIIIG," which involves sharing and disseminating experiences and information derived from exploring the unique characteristics of regional areas (including cases where the name or content of the service is changed for any reason).
(21) "Free Option" shall mean options that registered users can use for free among the available options.
(22) "User" shall mean individuals who use this service, regardless of whether they are registered pursuant to Article 3.
(23) "Paid Option" shall mean options that registered users can use by paying an option usage fee to the Company.
(24) "Usage Agreement" shall mean the usage agreement for this service entered into between the Company and registered users in accordance with Article 3, Paragraph 3, and governed by the provisions of these Terms.
- Article 3 - Registration
1. Registration applicants who agree to these Terms and provide their registration information to the Company in the manner specified by the Company may apply to the Company for registration to use this service.
2. The Company will evaluate the eligibility of registration applicants according to its criteria and, if registration is approved by the Company, will notify the registration applicant to that effect. Registration as a registered user will be considered complete upon this notification.
3. Upon completion of registration as stipulated in the preceding paragraph, a usage agreement for this service, following the provisions of these Terms, is established between the registered user and the Company, and the registered user will be able to use this service through the methods specified by the Company.
4. The Company may reject registration for individuals who have applied for registration based on the provisions of Paragraph 1 if any of the following reasons apply:
(1) If there is any false, inaccurate, or omitted information in the registration information provided to the Company.
(2) If the individual has had their registration for the use of this service revoked in the past.
(3) If the individual is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of their legal guardian, curator, guardian, or assistant.
(4) If the Company determines that the individual is affiliated or engaged in any form of interaction or involvement with anti-social forces, including organized crime groups, gang members, quasi-members of gang groups, companies associated with organized crime, racketeers, or any other groups or individuals pursuing economic interests through violent, forceful, or fraudulent means.
(5) If the Company deems the registration unsuitable for any other reason.
5. Registered users who wish to use paid options must submit an application for the use of paid options through the method separately specified by the Company.
- Article 4 - Changes to Registration Information
- Registered users are required to promptly notify the Company of any changes to their registration information through the method specified by the Company and provide any requested documents when there are modifications to their registration information.
- Article 5 - Management of Passwords and User IDs
1. Registered users are responsible for the management and safekeeping of their passwords and user IDs at their own discretion and shall not allow third parties to use them, lend, transfer, change ownership, sell, or engage in similar actions.
2. Registered users shall bear the responsibility for any damages resulting from inadequate password or user ID management, usage errors, third-party usage, and the like, and the Company shall not be held liable in any way.
3. In the event that a registered user's password or user ID is stolen or used by a third party, the registered user must immediately notify the Company of such occurrence and comply with any instructions provided by the Company.
- Article 6 - Use of This Service and Free Options
1. Users are allowed to browse the Company's website within the scope specified by the Company for free.
2. Registered users are permitted to, through the methods separately defined by the Company, browse the Company's website for free, post information on this service, create and sell content, use free options, and engage in other activities specified by the Company.
- Article 7 - Use of Paid Options
1. Registered users may use paid options on this service by paying the option usage fee through the method separately defined by the Company.
2. When registered users use paid options, they shall pay the option usage fee as specified by the Company, according to the payment period and method separately designated by the Company, in exchange for such options.
3. If registered users delay payment of the option usage fee, they shall be required to pay a late payment penalty to the Company at an annual rate of 14.6%.
4. The option usage fees paid by registered users to the Company shall not be refunded for any reason, and registered users are obligated to pay option usage fees that have already become due (regardless of the arrival of the payment period). However, if the registered user is a consumer, the provisions of Article 17, Paragraph 4, shall apply.
- Article 8 - Sale and Purchase of Content
1. Registered users may create content on this service through the method separately defined by the Company and may sell such content to other registered users.
2. Registered users may purchase content from sellers as buyers through the method separately defined by the Company. Content purchase agreements are established between the seller and the buyer when the buyer applies through this service and the seller accepts such application. The Company shall not be held responsible for any disputes between sellers and buyers related to the sale of content.
3. Sellers shall grant the Company the authority to act as an agent to receive the content price paid by the buyer. The content price paid by the buyer to the seller is received by the Company based on this authority, and the seller may not directly receive the content price from the buyer. In the event that a seller directly receives the content price, the seller shall pay the Company an amount equal to five times the received content price as a penalty.
4. The Company shall, through the method separately defined by the Company, transfer the amount obtained by deducting the sales commission that the Company is entitled to receive from the content price received from the buyer to the bank account specified by the seller by the date separately designated by the Company.
5. Sellers agree in advance that their content for sale may potentially be used as the subject of evaluation options by other registered users in contests or similar events.
6. The handling of cancellations, changes in conditions, or other post-content purchase agreement matters shall be the responsibility of the seller and the buyer, and the Company shall not be held responsible in any way.
- Article 9 - Provision of Prizes
1. Registered users may provide prizes to winners through the option separately defined by the Company. However, such prizes must be purchased from among the items presented by the Company.
2. When registered users provide prizes to winners, they shall choose one of the methods, either ranking or drawing, for determining winners in the option through the method separately defined by the Company. In the case of the ranking method, registered users shall be responsible for determining the winners at their own discretion. In the case of the drawing method, the Company shall conduct a random drawing as specified by the Company. The Company shall not be responsible for the determination of winners.
3. The Company shall notify winners of their winning status through the method separately defined by the Company.
4. Winners shall provide the Company with the information specified by the Company, including the shipping address for the prizes, through the method separately defined by the Company. If winners fail to provide such information to the Company within the period specified by the Company, the Company may, at its discretion, invalidate the winning and dispose of the prize.
5. The Company shall send the prizes to the location specified by the winners if the registered user who wishes to provide the prizes has purchased the prizes from the Company. If the prizes are returned due to delivery failure or if they are returned because no notification was received within the period separately defined by the Company after a delivery notice, the Company may, at its discretion, invalidate the winning and dispose of the prize.
6. If a hidden defect in the prize is discovered within 6 months of the prize's purchase, and if such defect is attributable to the Company's fault, the Company shall replace the prize or provide compensation at its own responsibility and expense. However, the Company's liability for compensation shall be limited to the purchase price of the prize that was the cause of the damage.
7. When registered users purchase prizes from the Company, they shall pay the prize price to the Company in accordance with the provisions from Article 7, Paragraph 2 to Paragraph 4, with the term "option usage fee" in those provisions being replaced with "prize price."
- Article 10 - Provision of Payment Methods
- In this service, the Company may provide payment methods through the method separately defined by the Company. In such cases, all costs required to use the payment methods shall be borne by the registered users.
- Article 11 - Use of the Service
1. Users may use the service in accordance with the methods defined by the Company within the scope that does not violate this Agreement.
2. Users shall be responsible for preparing and maintaining, at their own expense, the necessary equipment such as computers, software, and other devices, as well as communication networks and other communication environments required to receive the service.
3. Users shall use the service at their own risk and shall ensure that the conditions at the place of use are thoroughly checked to prevent injuries or accidents.
4. Users shall exercise sufficient caution to prevent contact with other users or third parties and other accidents while using the service.
- Article 12 - Prohibited Activities
1. Users shall not engage in any of the following acts when using the service:
(1) Acts that infringe upon the intellectual property rights, portrait rights, privacy rights, reputation, or other rights or interests of the Company, other users of the service, or third parties (including acts that directly or indirectly cause such infringements).
(2) Sending false information.
(3) Deliberately engaging in acts that falsely represent content as high-quality, including so-called "sakura" behavior.
(4) Acts that undermine the credibility of competing content.
(5) Acts related to criminal activities or acts contrary to public order and morals.
(6) Sending obscene information or information harmful to minors.
(7) Sending information related to romantic relationships.
(8) Acts that violate laws or internal rules of industry organizations to which the Company or the user belongs.
(9) Impersonating others to use the service.
(10) Sending information that includes computer viruses or other harmful computer programs.
(11) Acts of tampering with information related to the service that may be used.
(12) Sending data exceeding a certain data capacity set by the Company through the service.
(13) Acts that may obstruct the operation of the service as determined by the Company.
(14) Other acts that the Company deems inappropriate.
2. If the Company determines that a user's actions in the service fall under any of the items in the preceding paragraph or may fall under them, the Company may, without prior notice to the user, delete all or part of the user's related information, suspend the use of the service, or cancel the registration of the user. The Company shall not be liable for any damages incurred by the user as a result of the measures taken by the Company based on this paragraph.
- Article 13 - Suspension of the Service, etc.
1. The Company may suspend or interrupt the use of all or part of the Service without prior notice to the user in the following cases:
(1) When the Company needs to perform regular or emergency inspections or maintenance of the computer systems related to the Service.
(2) When computers, communication lines, etc., have stopped due to accidents.
(3) When the operation of the Service becomes impossible due to force majeure events such as fire, power outages, natural disasters, or changes in circumstances.
(4) When troubles, interruptions or suspensions in external services, suspension of cooperation with external services, specification changes, or other events occur.
(5) When the Company deems it necessary to suspend or interrupt the Service for other reasons.
2. The Company may terminate the provision of the Service for its convenience. In this case, the Company shall notify the user in advance.
3. The Company shall not be liable for any damages incurred by the user as a result of the measures taken by the Company based on this Article. However, if the user is a consumer, the provisions of Article 17, Paragraph 4 shall apply.
- Article 14 - Ownership of Rights
1. All ownership and intellectual property rights related to the Company's website and the Service belong to the Company or the rightful owner, and the license to use the Service based on registration under this Agreement does not imply a license to use the intellectual property rights of the Company or the rightful owner of the Company's website or the Service. Users shall not engage in any act that may infringe upon the intellectual property rights of the Company or the rightful owner, for any reason, including but not limited to acts that may constitute reverse assembly, reverse compilation, or reverse engineering.
2. Regarding text, images, videos, and other data that registered users post or transmit on the Company's website or through the Service, the Company may freely use (including but not limited to copying, duplicating, modifying, and sublicensing to third parties) them within the scope necessary for the operation of the Service at no charge. Registered users shall not exercise moral rights with respect to copyrighted works posted or transmitted on the Service.
- Article 15 - Cancellation of Registration, etc.
1. Without prior notice or notification, the Company may temporarily suspend the use of the Service or cancel the registration of a user if any of the following reasons apply:
(1) Violation of any provision of this Agreement.
(2) Discovery of false information in the user's registration details.
(5) Disputes between the user and other users, external service providers, or any third party.
(6) Disruption of the operation of the Service, regardless of the method used.
(7) Suspension of payments or insolvency, commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation proceedings, or application for any similar proceedings.
(8) The user's own bills or checks being protested, or other measures such as suspension of transactions by the clearinghouse.
(9) Application for attachment, provisional attachment, provisional disposition, compulsory execution, or auction.
(10) Receipt of dispositions for non-payment of taxes and public dues.
(11) Death or commencement of guardianship, curatorship, or assistantship proceedings.
(12) No use of the Service for more than three months and no response to communication from the Company.
(13) Any of the cases listed in Article 3, Paragraph 4.
(14) Any other reason that the Company deems unsuitable for the user to continue using the Service.
2. If any of the reasons listed in the preceding paragraph applies, the user shall automatically lose the benefit of term with respect to all debts owed to the Company and must immediately pay all such debts to the Company.
3. The Company and the registered user may cancel the user's registration using the method specified by the Company.
4. The Company shall not be liable for any damages incurred by the user due to the actions taken by the Company based on this Article. However, if the user is a consumer, the provisions of Article 17, Paragraph 4 shall apply.
- Article 16 - Disclaimer and Limitation of Liability
1. The Company does not guarantee the accuracy, completeness, reliability, usefulness, timeliness, legality, or any other aspect of the information, including registered user's posted information, and other information provided in the Service. The Service is provided on an "as-is" basis, and the Company makes no warranties, including but not limited to the warranties of fitness for a particular purpose, commerciality, completeness, continuity, etc., with respect to the Service. Furthermore, even if a user obtains information about the Service or other users directly or indirectly from the Company, the Company does not provide any warranties beyond what is specified in this Agreement.
2. The Company does not guarantee that transactions related to the sale of content between registered users will be concluded by using the Service, that such transactions will be fulfilled as to their content, or any other warranty concerning transactions for the sale of content.
3. Users are responsible for handling any injuries (including after-effects) or accidents that occur while using the Service at their own risk. The Company shall not be liable for any damages except in cases of gross negligence on the part of the Company.
4. While the Service may be linked to external services, the Company does not guarantee such linkage, and the Company shall not be liable for any failure of linkage to external services in the Service, except in cases of the Company's intentional or gross negligence.
6. Users shall, at their own expense and responsibility, investigate whether their use of the Service complies with applicable laws, internal regulations of industry organizations, etc., and the Company does not guarantee in any way that a user's use of the Service conforms to applicable laws, internal regulations of industry organizations, etc.
7. Transactions, communication, disputes, etc., between users and other users or third parties that occur in connection with the Service (including troubles caused by contact with other users or third parties) shall be the responsibility of the users to handle and resolve at their own responsibility, and the Company shall not be liable for any such matters.
8. The Company shall not be liable for any damages incurred by users as a result of interruptions, suspensions, terminations, unavailability, or changes in the provision of the Service by the Company, the deletion or loss of user messages or information, the cancellation of a registered user's registration, the loss of data, malfunction or damage to equipment due to the use of the Service, or any other damage incurred in connection with the Service, except in cases of intentional or gross negligence on the part of the Company.
9. Even if links to other websites are provided from the Company's website or links from other websites to the Company's website are provided, the Company shall not be liable for any reason whatsoever with regard to websites other than the Company's website and the information obtained from them.
- Article 17 - Dispute Resolution and Compensation for Damages
1. If a user violates this Agreement or causes damages to the Company in connection with the use of the Service, the user must compensate the Company for such damages.
2. If a user receives a claim from other users, external service providers, or third parties or disputes arise with them in connection with the Service, the user shall promptly notify the Company of the details and, at the user's own expense and responsibility, handle and resolve such claims or disputes. The user shall also report the progress and results to the Company based on the Company's request.
3. In connection with the user's use of the Service, if the Company receives any claims from other users, external service providers, or third parties due to reasons such as infringement of rights, the user shall compensate the Company for the amount that the Company is forced to pay to such third parties based on such claims. However, this shall not apply if such claims are attributable to the Company.
4. The Company shall not be liable for any damages incurred by the user in connection with the use of the Service. Even if the Company is liable to the user for damages for any reason, including the application of the Consumer Contract Act, the Company's liability for damages shall be limited to the total amount of option usage fees, sales commissions, and prize money received from the user in the three months preceding the occurrence of the cause of the damages. However, if the Company has not received any option usage fees, sales commissions, or prize money from the user during the three months preceding the occurrence of the cause of the damages, the liability shall be limited to 1,000 yen.
- Article 18 - Confidentiality
1. In this Agreement, "Confidential Information" means all information related to the Company's technology, business, operations, finance, organization, and any other matters that the user receives in writing, orally, or through recorded media from the Company in connection with the service agreement or the Service, or becomes aware of. However, this does not include information that:
(1) Was already publicly known at the time it was received or became known to the user, or that was already known to the user.
(2) Became publicly known through publications or other means after it was received, disclosed, or became known to the user, through no fault of the user.
(3) The user lawfully obtained without a confidentiality obligation from a third party authorized to provide or disclose the information.
(4) Was independently developed by the user without using Confidential Information.
(5) The Company has confirmed in writing as not requiring confidentiality.
2. The user shall use Confidential Information solely for the purpose of using the Service and shall not provide, disclose, or leak the Company's Confidential Information to third parties without the Company's written consent.
3. Notwithstanding the provisions of paragraph 2, the user may disclose Confidential Information pursuant to orders, requests, or demands of laws, courts, or government agencies. However, in the event of such an order, request, or demand, the user shall promptly notify the Company of such and follow the Company's instructions.
4. At any time upon the Company's request, the user shall promptly, without delay, return or dispose of Confidential Information, as well as any documents or other recorded media containing or including Confidential Information, and all copies thereof, in accordance with the Company's instructions.
- Article 19 - Personal Information
1. When a registered user sends personal information through the Service, the registered user guarantees that the act of sending such personal information does not violate the Act on the Protection of Personal Information or any other relevant laws and regulations.
- Article 20 - Term of Validity
- The usage agreement shall remain in effect between the Company and the registered user from the date when registration is completed based on Article 3 until the date when the registration of the said registered user is canceled during the provision period of the Service.
- Article 21 - Changes to this Agreement
1. The Company reserves the right to freely modify the content of the Service.
2. The Company reserves the right to modify this Agreement (including rules, provisions, and other terms related to the Service posted on the Company's website, hereinafter referred to as "this Agreement"). In the event of any modification to this Agreement, the Company shall notify the users of the modified content. After the notification of the modification, if the user uses the Service or does not proceed with the cancellation of registration within the period specified by the Company, the user will be considered to have agreed to the changes in this Agreement.
- Article 22 - Contact/Notifications
- Inquiries or other communications from users to the Company regarding the Service, notifications of changes to this Agreement, and other communications or notifications from the Company to users concerning the Service will be conducted through the methods specified by the Company.
- Article 23 - Assignment and Transfer of this Agreement
1. The User shall not assign, transfer, create a security interest in, or otherwise dispose of the status under the Usage Agreement or the rights or obligations under this Agreement to any third party without the prior written consent of the Company.
2. In the event that the Company transfers the business related to the Service to another company, the Company may transfer the status under the Usage Agreement, the rights and obligations under this Agreement, and user information and other customer information to the transferee in connection with such business transfer, and the User hereby agrees in advance to such transfer as set forth in this provision. This provision shall apply not only to ordinary business transfers but also to any case in which a business is transferred, including company splits and other cases.
- Article 24 - Severability
- Even if any provision or part of this Agreement is determined to be invalid or unenforceable under the Consumer Contract Act or any other applicable laws and regulations, the remaining provisions of this Agreement and the remaining parts of the provisions that have been determined to be invalid or unenforceable shall remain in full force and effect. The Company and the User shall endeavor to amend such invalid or unenforceable provision or part to make it valid and enforceable to the maximum extent necessary to achieve the intended purpose of such invalid or unenforceable provision or part and to ensure that it has the same legal and economic effect as that of the invalid or unenforceable provision or part.
- Article 25 Survival Provisions
- The provisions of Article 5, Paragraph 2; Article 7, Paragraphs 2, 3, and 4; Article 8, Paragraphs 2 through 6; Article 9, Paragraphs 2 and 4 through 7; Article 10; Article 12, Paragraph 2; Article 13, Paragraph 3; Article 14; Article 15, Paragraphs 2 and 4; Articles 16 through 19; and Articles 23 through 26 shall survive termination of the Usage Agreement. The provisions of Article 12, Paragraph 2, Article 13, Paragraph 3, Article 14, Article 15, Paragraph 2 and Paragraph 4, Articles 16 through 19, and Articles 23 through 26 shall remain in effect even after termination of the Agreement. However, Article 18 shall remain in effect only for one year after the termination of the Subscriber Agreement.
- Article 26 - Governing Law and Jurisdiction
- This Agreement shall be governed by Japanese law, and any and all disputes arising from or relating to this Agreement shall be exclusively submitted to the Kobe District Court as the court of first instance, by mutual agreement.
- Article 27 - Dispute Resolution
- In the event of any matters not provided for in this Agreement or if any doubts arise regarding the interpretation of this Agreement, both the Company and the User shall promptly seek resolution through mutual consultation, following the principles of good faith and sincerity.
- Established September 1, 2023