Article 1 (Definitions)
1) "Company" shall mean Makuake, Inc.
2) "Makuake" is the collective name for the websites to Pre-order and Support new products and services operated by the Company wherein Supporters may purchase new things or participate in activities which they support.
3) "Service(s)" shall mean all services provided through “Makuake”. As Supporters, Members may Pre-order and Support products through the Services. As a Project Owner, Members may plan Projects, recruit Supporters, and solicit Pre-order and Support.
4) "Applicants" shall mean a person who wishes to use the Services and intends to register as a Member.
6) "User" shall mean all persons who are Members and use the Services.
7) "Project" refers to among the plans which the Project Owners wish to achieve (various planning, including production and development of products, import of products, development and implementation of services, production and provision of works, and organization of events), those which were announced and posted through the Services.
8) "Product" shall mean the deliverables of the Project (products as well as the right to receive the services provided by the Project Owners) provided by the Project Owner when the Project is established.
9) "Project Owner(s)" shall mean Members who carry out the Project and recruit (or have recruited) Supporters for the Project through the Services. For simplicity, on the Company’s website, Project Owners are referred as “Makers”.
10) "Supporter(s)" shall mean Members who have completed the Pre-order and Support application process of the Project among Members who sympathize with the Project and wish for the decision of Pre-order and Support to be made.
11) "Project Period" shall mean the period from the start of solicitation of Pre-order and Support upon announcement and posting of a specific Project through Makuake until the solicitation of Pre-order and Support ends on the date set by the said Project.
12) "All in Type" shall mean a type of a Project in which the Project is established at the point any Supporter applies for Pre-order and Support regardless of whether or not the target amount set by the Project Owner has been achieved by the time the Project Period ends.
13) "All or Nothing Type" shall mean the type of a Project in which the Project will be established if the target amount set by the Project Owner is achieved by the end of the Project Period.
14) "Pre-order and Support" shall mean the Supporter who sympathizes with the Project Owner, likes the Project, and makes a payment to the Project Owner as consideration of a Product wishing to support the Project.
15) "Application for Pre-order and Support" shall mean the act of the Supporter finalizing the application of the Pre-order and Support of a Project pursuant to the procedures prescribed by the Company.
16) "Completion of Pre-order and Support" shall mean the timing the Supporter submitted an Application for Pre-order and Support if the Supporter selects credit card payment as the payment method of Pre-order and Support. If the Supporter selects payment methods other than credit card payment such as convenience store payment, bank transfer, or net bank transfer, then it shall mean the timing the settlement approval of the clearing agent company designated by the Company is made (provided, however, that such payment shall be made by the due date specified by the Company).
17) "Members Agreement" shall mean the contract regarding the Pre-order and Support for the Project by the Supporters and the Product provided by the Project Owner.
18) "Partner" shall mean a corporation or personal that has an alliance with the Company.
19) "Registered Information" shall mean any and all information provided by the Members to the Company for the purposes of receiving the provision of the Services.
20) "Personal Information" shall mean among the Registered Information the information that identifies a particular individual, such as name, address, date of birth, telephone number, e-mail address, bank account information, credit card information, etc. (including information that can easily be collated with other information and thereby identify a specific individual).
21) "Credentials" shall mean among the Registered Information the information including ID and passwords which are required for the Company to certify access to the Member.
22) "Antisocial Forces" means an organized crime group, a member of an organized crime group or a person who is no longer a member of an organized crime group for five (5) years, a quasi-member of an organized crime group, a company related to an organized crime group, a corporate racketeer, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities, a crime group specialized in intellectual crimes, etc., a person living with an antisocial force, a terrorist, etc., a person designated as subject to economic sanctions by the Japanese government or a foreign government (collectively referred to as "Organized Crime Group Members, etc."), a person living with Organized Crime Group Members, etc., or any other person equivalent thereto.
Article 2 (Services and Company’s Roles)
1. This Service is a service where opportunities and places to conduct Pre-order and Support of Projects is provided and is a Pre-order and Support website for attractive new items and experiences, and a place where Members may interact.
2. The Member Agreement is formed between the Supporter and Project Owner with respect to the Project, and the Company is not involved in the fulfillment of such agreement in any way. Further, the Company is not involved in any way in whether a Member or a third party other than the Supporter and Project Owner ("Relevant Party") hold any rights or obligation pursuant to the Member Agreement, and the handling of the Member Agreement, cancellation of rights and obligation of Relevant Party, refund, indemnification etc.
3. In the event that any problems arise between the Members or with a Relevant Party, unless it meets the standard prescribed by the Company, the Company will take no measures such as arranging for dispute resolution, mediation, arbitration or other dispute resolution methods, so please take note of this and be cautious when using the Service.
Article 3 (Completion of Procedures)
Registration, Supporter recruit, Application for Pre-order and Support, withdrawal, evaluation, communication between Members, and other procedures done by the Member online are all done by the data of such procedures being sent to the server of our Company. At the point details of such procedures are reflected in the Company’s system, it is considered that the procedures are successfully completed.
Article 4 (Membership Registration)
1. Applicants shall apply for registration through the methods prescribed by the Company. The person who wishes to become the Member shall complete the registration application.
2. If the Company approves the registration application filed pursuant to the preceding paragraph, such Applicant shall be registered as a Member.
3. If any of the below items corresponds to the Applicant, the Company may not approve the registration application filed pursuant to Article 4.1.
2) If no mail or parcel can be delivered at the address registered by the Applicant at the time of application;
3) If the Applicant is a foreign corporation (excluding cases where a branch office exists in Japan) or resides outside of Japan;
4) If the Applicant has failed to pay his/her debts to the Company;
5) If the Applicant has acted or the Company deems that there is a risk of the Applicant to interfere with the operation, provision of Services by the Company or the use by other Members; and
6) In other cases where the Company deems that it is inappropriate to approve the registration application.
4. If any of the below items corresponds to the Applicant, the Company will not approve the registration application filed pursuant to Article 4.1.
1) If the information provided to the Company at the time of registration application contains false information;
2) If the Applicant falls under the category of Antisocial Forces, or cases where the Applicant is found to have some kind of relationship with Antisocial Forces, such as being an officer or employee of a corporation in which the Antisocial Forces are substantially involved in management;
3) If the Service is found to be likely to be used for the transfer of criminal proceeds or the financing of terrorism; and
4) If the Company determines that any of the preceding three items applies.
5. If a Member applies for registration in accordance with the provisions of Article 4.1, he or she is deemed to have represented and warranted that he or she does not fall under any of the items of the preceding paragraph.
Article 5 (Project Announcement and Condition for Project Owners)
1. Members wishing to become Project Owners are required to register as a Project Owner in accordance with the methods specified by the Company, upon consenting to the Project Owner Guidelines (https://www.makuake.com/pages/guideline/).
2. Those who have registered as a Project Owner may apply for the recruitment of project Supporters in the manner stipulated by the Company.
3. If the Company approves the application set forth in the preceding paragraph in accordance with the Project Owner Guidelines, the Project Owner shall announce and post the Project on Makuake in accordance with the methods stipulated by the Company and aim to achieve the target amount during the Project Period.
Article 6 (Pre-order and Support to a Project)
1. Those who wish to conduct Pre-order and Support to a Project shall file an Application for Pre-order and Support through the methods prescribed by the Company. Please note that we do not accept those who do not intend to conduct Pre-order and Support or those intending mischief (each determined by the Company).
2. If the arrival of the data regarding the Application for Pre-order and Support, action data such as Completion of Pre-order and Support etc. cannot be confirmed in the server managed by the Company during the Project Period, it will be deemed that the Pre-order and Support to the Project did not occur.
3. The Project Period is shown through the Service, so please make sure to check it in advance before making your decision on conducting Pre-order and Support.
Article 7 (Establishment and Cancellation of Project)
1. If the Project is an All in Type, the Project will be established when one of the Supporters submits an Application for Pre-order and Support, regardless of whether the target amount set by the Project Owner has been achieved by the end of the Project Period. If the project is All or Nothing Type, the Project will be established if the target amount set by the Project Owner is achieved by the end of the Project Period. Please check each Project's webpage to confirm if the Project is an All in Type or All or Nothing Type.
2. When the Supporter files an Application for Pre-order and Support, a Members Agreement is formed between the Supporter and the Project Owner. In principle, the Members Agreement is a contract in which the Supporter promise to provide the Project Owner with money (Hereinafter referred to as "Pre-order and Support Money".) for the Pre-order and Support and the Project Owner promises to provide the Supporters with a Product as consideration for the Pre-order and Support. The Product may be a certain right as well as a product or other tangible goods (However, excludes items which the Project Owner or the Company cannot legally handle.). Depending on the content of the Product, it may differ from the above description, but in such case, the terms and conditions of the transaction will be shown by the Project Owner on such Project’s webpage. Members Agreement are established in light of the contents of each Project’s webpage, and the specific interpretation is determined based on the Civil Code and other relevant laws and regulations.
4. Supporters who wish to conduct Pre-order and Support for the Project shall pay the consideration for the Product, consumption tax and other amounts stated on the webpage of each Project in the manner prescribed by the Company. If payment is not made within the date designated by the Company, the Members Agreement shall be deemed not to have been formed unless the Project Owner separately consents to the establishment of the Members Agreement.
5. Project Owners are obligated to provide Products to Supporters at the time the Project is established and by the date specified on each Project webpage. Project Owners shall not delay or fail to provide Products for reasons such as failure to achieve the Project’s target amount (Unless the Project is All or Nothing Type.) or failure to receive Pre-order and Support Money.
6. In the event troubles occur between the Project Owner and the Supporter, it shall be resolved between the parties concerned and the Company shall not be liable. However, the above shall not apply to cases where such trouble, etc. is caused by a failure etc. in the system of the Company and intention and gross negligence is found on the Company.
Article 8 (Payment of Closing Fee)
If a Project is established pursuant to Article 7.1, the Project Owner shall be obliged to pay to the Company an amount equivalent to 20% of the determined amount of the Pre-order and Support Money (Hereinafter referred to as the "Pre-order and Support Amount".), as a closing fee for the establishment of the Project. Such closing fees will be deducted from the Pre-order and Support Amount paid by the Company to the Project Owner. The transfer fee will be borne by the Company.
Article 9 (Payment by Supporters and Receipt of Pre-order and Support Amount by Project Owner)
1. Project Owner authorizes the Company to receive on behalf of Project Owner compensation for the Products paid by Supporters based on the Members Agreement.
2. The payment method for Supporter's Pre-order and Support Money shall be a method separately determined by the Company, such as payment at a convenience store, bank transfer, net bank transfer, credit card payment, etc., and payment shall be made through a settlement agent designated by the Company.
3. The payment obligation by Supporters to Project Owner based on Members Agreement (Hereinafter referred to as "Settlement of Members Agreement".) will be fulfilled at the following point of time.
1)For All in Type Projects:
At the Completion of Pre-order and Support
2) For All or Nothing Type Projects:
(i) In the case of payment by credit card
When the credit card company approves the payment. However, if after the Project is established, it will be at the Completion of Pre-order and Support.
(ii) In the case of payment method other than credit card payment, such as convenience store payment, bank transfer, or online bank transfer
When the Project is established. However, if after the Project is established, it will be at the Completion of Pre-order and Support.
4. In accordance with the preceding Article, the Company shall deduct the closing fee and pay the Pre-order and Support Amount to the Project Owner through the method designated by the Company (Hereinafter referred to as "Payment".).
5. The Payment date shall be, in principle, the third (3rd) business day of the month two (2) months after the month to which the Project Period end date of the established Project belongs (or the following business day if the applicable day is a Saturday, Sunday, or a national holiday). However, if the Company does not receive the correct account information in the name of the Project Owner by the due date designated by the Company, the Payment date may be changed to the due date designated by the Company.
Article 10 (Handling of Pre-order and Support Money)
1. In accordance with the Company's internal regulations, etc., the Company shall manage the Pre-order and Support Money in a dedicated account separate from the Company's own funds, and shall manage the amount of money deposited by each supporter in its books.
2. In the period between the payment of the Pre-order and Support Money and the completion of the settlement of the Members Agreement, if the Company, a bank, a collection agency, a settlement agency, etc. fail or the transaction cannot be performed for any other reasons, the settlement of the Members Agreement may not be completed. In such event, the Members Agreement shall be automatically cancelled, the Project Owner shall not be obligated to provide Products to the Supporters, and the Supporter shall not be obligated to pay the Pre-order and Support Money to the Project Owner.
Article 11 (Handling of Cancellation, etc.)
2. The Company's support as set forth in the preceding paragraph shall be provided by one or more of the following methods: E-mail, Makuake message, or Project Updates Post. If the Supporter does not respond to the initial communication from the Company within six (6) months, if the Supporter does not report an available bank account, etc. to which the amount equivalent to the Supporter's Funding Money should be refunded, or if the Project Owner is otherwise unable to reimburse the Supporter, the disposal of such money shall be deemed to be in the Company's hands.
Article 12 (Cooperation with Partners and Partner’s Media)
1. The Company shall be able to collaborate with the Partner by, for example, exhibiting at the Partner's stores or interlinking with Partner’s media.
4. The Company shall not be responsible for the use of Partner’s media and the information provided by Partner’s media to Members prescribed in Paragraphs 2 and 3.
5. The Project Owner shall be responsible for any trouble between the Project Owner and any Member who has become aware of the Services through the Partner’s store, and the Company and the Partner shall not be held responsible in any way.
Article 13 (Change of Registered Information and Management of Credentials)
1. Members shall manage the Credentials at his/her own responsibility and expense, and may not allow a third party to use, or lend, transfer, sell, pledge or disclose the Credentials.
2. The Company shall not be held liable for any damage caused by leakage of information, errors in use, use by third parties, unauthorized access, etc., due to insufficient management of the credentials by the Members. In the event that the Company suffers damage due to unauthorized use of the Credentials, the Member shall compensate the Company for such damages.
4. If there is any deficiency in the Registered Information or the like of the Members and the status in which the Company cannot fulfill its obligation to the Members such as not being able to contact the Members continues for a period of six (6) months from the date such obligation arises, it shall be deemed that the Members have abandoned such relevant claims.
5. The Company shall not be responsible for any disadvantages such as inability to use the Services caused by a Member's failure to submit a notification in accordance with Paragraph 3.
6. If a Member fails to submit a notice pursuant to Paragraph 3, the Company may deem that the Member has withdrawn.
Article 14 (Handling of Registered Information and Personal Information)
1.The Company may use the Registration Information registered by the Members to the Company, including Personal Information such as name, telephone number, address, e-mail address, date of birth, gender, credit card information, bank account information, and the history of Project managers and Supporters, for the purposes specified in the following items.
1) Use to the extent necessary for the provision of the Service, including Pre-order and Support, solicitation of Pre-order and Support, sending Products, attribute analysis of Supporters, identity verification, etc.;
2) For sales promotion activities of the Company and Project or third party (including sending direct mail and e-mails);
3) To conduct surveys and analyses for quality control of the Services;
4) For after-sales service and responding to inquiries related to the Services;
5) To communicate on matters related to the operation of the Services and provision of information on additional services etc.; and
6) For system maintenance and failure response of the Services.
2. By agreeing to a member-to-member transaction for the Services, Supporters will be treated as if it has agreed to the Company to provide the following information to the Project Owner:
1) Purpose of providing information:
・To provide Products by Project Owners;
・To conduct surveys and analyses for quality control of Products; and
・For after-sales care and to respond to inquiries.
2) Information to be provided:
・Order ID, purchase date/order registration Date, User ID, User name, name, Year of birth (Birth date will not be provided), gender, telephone number, Product ID, Product title, Product contents, Pre-order and Support Amount, etc.
*If there is a Product expected to be delivered, postal code, address, etc., also need to be provided.
3) Time and method of provision
・ Provided as data after the end of the Project Period
3. The Company shall not disclose Registered Information registered by a Member to the Company, including personal information such as name, telephone number, address, e-mail address, date of birth, gender, credit card information, and purchase history of the Project, to any third party other than the individual concerned and shall not use such information beyond the scope necessary for providing the Services, except in the following cases:
1) If consent of the Member has been obtained separately;
2) In cases specified in the preceding paragraph;
3) If necessary for the provision of the Services, including Pre-order and Support, solicitation of Pre-order and Support, delivery of deliverables, identity verification, etc.
4) For sales promotion activities of the Company and Project or third party (including sending direct mail and e-mails);
5) To conduct surveys and analyses for quality control of the Services;
6) For after-sales service and responding to inquiries related to the Services;
7) If it is necessary for collection of money (including credit cards, etc.);
8) If necessary for the Company's exercise of rights with respect to the Services;
9) If disclosure needs to be made to a person who succeeds the business upon succession of a business based on a merger, business transfer, or other reasons; and
10) If permitted by the Personal Information Protection Act or other laws and regulations.
5. Members shall agree in advance to the Company using the Registered Information and Personal Information as set out in this Article.
6. Members may request disclosure, deletion, correction or suspension of use of Personal Information registered in the Services, and the Company shall promptly respond to such request only when it can be confirmed that the request is from the concerned person. The Company's support desks for the Services are as follows:
7. When the Project Owner uses the information provided by the Company with the consent of the Supporter pursuant to Paragraph 2, if the Project Owner outsources the work to a third party, the Project Owner may disclose such information to the third party to the extent necessary for the performance of the outsourced work. In this case, the Project Owner, shall manage the handling of information by the consignor and shall ensure that it is not used beyond the scope of the entrusted business as a personal information handling business operator.
8. In the event of leakage, loss, or damage of Supporter's information obtained by the Project Operator through the Services (Hereinafter referred to as "Leakage, etc.".), the Project Owner shall immediately contact the Company, promptly report the fact of Leakage, etc. to personal information protection commission or authorized personal information protection organization, and notify or disclose to the Supporters in order to prevent the secondary damage being caused by such Leakage, etc.
Article 15 (Cookies, etc., and IP Address Information)
1) In order to save the trouble of inputting all of the Registered Information of the Member by inputting a part of the Registered Information.
2) Analyzing Users trends in order to plan and provide better services.
2. The Users approve the acceptance of cookies via settings of their personal computer, smartphone, or mobile terminal used by the User and via the browser settings. In the event that the Company cannot properly recognize the Users information due to the browser settings which does not accept cookies , the Company shall not be held responsible for any damages consequently caused to the Users.
Article 16 (Intellectual Property Rights)
1. Any rights (Ownership, intellectual property, portrait rights, publicity rights, etc.) with respect to the materials constituting the Services (referring to text, photos, images, sound, etc., hereinafter referred to as "Content Materials") belong to the Company or third parties who hold such rights, including, but not limited to, the Project Owner.
2. The Project Owner acknowledges in advance that the Company may freely use the Project information (texts, illustrations, photographs, etc.) posted by the Project Owner for the purpose of advertising, promoting or featuring the Services. In addition, even if the Project information is posted, if the materials such as illustrations, photographs, etc., are provided by the Company, all rights relating to such materials shall belong to the Company, and Project Owners shall not be able to use such materials for purposes other than within the Services without the prior consent of the Company.
3. Members shall not obtain any rights with respect to the Content Materials, and shall not, engage in any act that infringes any rights with respect to the Content Materials, such as any intellectual property rights including ownership rights and copyrights, portrait rights and publicity rights, without the permission of the rights holders.
4. The Service itself and all rights relating to confidential information obtained while using the Services (including ownership rights, intellectual property rights, portrait rights, publicity rights, etc., including programs and know-how of the Service and excluding Content Materials) belong to the Company and shall not be used by itself or through any third party without the written consent of the Company.
5. In the event of any violation of the provisions of this Article, the Member shall, at its own expense and responsibility, resolve such problems and shall not cause any inconvenience or damage to the Company.
Article 17 (Prohibited Matters and Withdrawal)
1. In using the Services, Members shall not engage in any of the following acts or acts which may be considered as such acts.
1) Inclusion of expressions and/or descriptive text about the Project (including posting images and texts of Project Update Posts) prohibited in the Project Owner Guidelines;
2) Infringement of the legitimate rights of the Company or any third party, including intellectual property rights such as ownership rights, copyrights, and portrait rights, publicity rights, etc.;
3) Acts causing disadvantage or damage to another Member, the Company or a third party;
4) Acts against public order and morals;
6) Acts for commercial purposes in connection with the Services without obtaining the Company's approval;
7) Acts that interfere with the operation of the Services;
8) Acts of use for commercial purposes outside the Services;
9) Acts of discrediting or damaging the Services;
10) Acts of registering false information;
11) Unauthorized use of the Services; and
12) Any other acts which the Company deems inappropriate.
2. When using the Services, Members shall not post or send messages that contain the content specified in the following items, or expressions or content that may contain such content. In addition, if the Company determines that a Member has posted or sent content that violates any of the items in this paragraph, the Company may immediately take measures such as suspending the use of this Service or deleting the posted content.
1) Personal Information for which the concerned person has not consented (However, excludes publicly available information such as information of celebrities.);
2) Adult-rated images, videos and other content related to adult-rated websites (including illustrations, paintings etc.);
3) Contents that defame, abuse, or insult others, or that damage the reputation or credibility of others;
4) Expressions and contents that violate laws or are likely to be, construed as inappropriate under normal social conventions; and
5) Other expressions and content deemed inappropriate by the Company.
3. If the Company determines that a Member falls under any of the following items, the Company may immediately stop the Service, delete the posted contents, or take other measures.
2) In the event that a Member is found to be an Antisocial Force, or cases where the Member is found to have some kind of relationship with Antisocial Forces, such as being an officer or employee of a corporation in which the Antisocial Forces are substantially involved in management;
3) In cases where it is found to correspond to the items under paragraph 4 Article 4 or paragraph 3 Article 4.
4. In the event that a Member is found to be in conflict with or to fall under any of the provisions set forth in the preceding three paragraphs, the Company may terminate the membership of such Member. In the event that the Company incurs any damage as a result of the Member being in conflict with the prohibited acts set forth in this Article, the Member shall compensate the Company for the damage.
5. Notwithstanding the provisions of Paragraphs 1, 2 and 3 of this Article, if a Member wishes to withdraw from the membership at his/her own will, he/she may do so by following the procedures prescribed by the Company.
6. Any and all debts owed to the Company by the withdrawn Member shall forfeit and the withdrawn Member shall immediately pay to the Company the full amount of such debts.
Article 18 (Suspension of the Services)
1. The Company may suspend the Services in whole or in part for any of the following reasons, and shall not be responsible for any damages arising to the Members or third parties due to such causes.
1) Maintenance and inspection of computer systems for the provision of the Services on a regular or urgent basis;
2) If the operation of the Services become impossible due to an emergency such as fire, power outage, or natural disaster;
3) If the operation of the Services becomes impossible due to war, civil war, riots, civil commotion, labor disputes, etc.;
4) Failure to provide the Services due to malfunctioning computer systems, unauthorized access from third parties, computer virus infection, etc.;
5) In the event that the Services cannot be provided due to statutory or legal measures, etc.; and
6) In other cases which the Company deems unavoidable.
2. If the Company is suspending the Services pursuant to the preceding paragraph, it shall notify the Members and third parties thereof in advance through appropriate means such as e-mail or posting on the Company’s website (URL: https://www.makuake.com/). However, this does not apply to emergency cases.
Article 19 (Change or Abolition of the Services)
1. The Company may change, add, or delete the content, functions, usage fees, etc. of the Services.
2. The Company may terminate the Services at any time at the Company's discretion.
3.When the Company changes or abolishes important functions or usage fees relating to the Services or abolishes the Services, it shall notify the Members thereof by appropriate means such as posting it on the Company’s website (URL: https://www.makuake.com/) in advance.
4. The Company shall not be liable for any damages arising out of the changes or abolishment of the Services under this Article.
Article 20 (Precautions)
The Members Agreement is an agreement between the Project Owner and the Company does not guarantee that the obligations of the Project Owner or the Supporter (including but not limited to, compliance with the performance deadline) based on the Members Agreement will be performed. In addition, the Company makes no representations or warranties with respect to the Services or Projects announced or published in the Services, including but not limited to the following:
1) That the Product provided by the Project Owner has the nature, quality, financial value or other functions expected by the Supporter;
2) That the information on this site regarding the Project is updated information and is accurate, and truthful;
3) The implementation of the Project and the provision of Products does not conflict with any applicable law or regulation applicable to the Project Owner (and any individual or legal entity carrying out the Project jointly with the Project Owner) or the Supporters, or is not contrary to public order or morality; and
4) The Project will be implemented according to the contents and procedures described on the site.
Article 21 (Limitation of Liability)
1. The Company shall not be liable for any damages arising out of or in connection with the furnishing of information associated with the Services, for any results obtained from the use of the Information, or for any agreement, including, but not limited to, the legality, morality, licensing, accuracy of the information itself or Members Agreement between the Project Owner and Supporters.
2. The Company shall have no liability or obligation for delay or non-delivery of emails, misrepresentations on Makuake (including misrepresentations of prices and quantities) and damages caused by any other causes, due to failures of computer systems for the provision of the Services.
3. The Company shall not be liable for any damages arising from the environment of computers, connection lines, software, etc. used by Members. In addition, the Company may notify its Members of such environment, etc. by a separately determined method.
4. The Company has partially restricted Members' access to the Internet from overseas. This Service site is intended for access from within Japan, so please make sure that you can connect to the Internet beforehand. In addition, the Company shall not be responsible for any interruption to the use of this Service site, failure to conclude a Members Agreement or troubles between Members arise, such as the inability of one of the Members to access the Service by traveling abroad in the middle of transactions of the Service.
5. The Company shall not be liable for any damages resulting from suspension or discontinuation of the Services or modification of the contents of the Services. However, if the Service falls under the category of "Consumer Contract" as defined in the Consumer Contract Act, etc., and the damage incurred by the User is caused by default or tort by the Company, the Company shall be liable for damages to the extent of the ordinary damage directly incurred by the User.
6. The Company shall not be liable for any damages of computers, connection lines, software, etc. caused by downloading or computer virus infection from this Service or Service site of third parties including the Partner’s media and advertisers.
7. The Company shall not be responsible for any transactions between third parties and Members done through the Services, and all transactions shall be done at the responsibility of such third parties and Members.
8. The Company shall not be responsible for any delay, change, suspension, discontinuation or cancellation of the Services, or any loss of information provided through the Services, or any other damages arising in connection with the Services.
9. The Company shall not be responsible for any trouble (Proposal of acts illegal or contrary to public order and morals, defamation, insult, invasion of privacy, intimidation, slander, harassment, etc.) between the Members and/or third parties in the services provided by the Company.
10. The provisions of this Article shall not apply if the damages are caused by the Company's willful misconduct or gross negligence.
Article 23 (Separability)
Article 24 (Consultation and Jurisdiction)
1. In the event any doubt or problem arises between the Member, the Company, or any third party in connection with the Services, it shall be discussed under good faith each time and attempts to resolve the matter shall be made.
2. If any question or problem cannot be resolved through the discussion in the preceding paragraph, the Tokyo Summary Court or the Tokyo District Court shall be the court having exclusive jurisdiction in the first instance.
Article 25 (Governing Law)