terms of service
These Terms of Use (hereinafter referred to as "Terms") include the provision conditions of the service "Intenselab" provided by gifted Co., Ltd. (hereinafter referred to as "Company") and between the Company and users. Rights and obligations are stipulated. Before using this service, you must read the entire text of this agreement and then agree to this agreement.
Article 1 (Applicable)
1 This agreement aims to establish the provision conditions of this service and the rights and obligations between our company and the user regarding the use of this service, and all relationships related to the use of this service between the user and our company. Applies.
2 By using this service, you agree to comply with this agreement.
3. The rules regarding the use of this service posted on our website by our company shall form part of this agreement.
4. If the content of this agreement differs from the rules in the preceding paragraph or other explanations of this service outside this agreement, the provisions of this agreement shall take precedence.
Article 2 (Definition)
The following terms used in this agreement shall have the meanings set forth below.
(1) “Records” are compact discs (CDs) of all speeds, sizes, and types, analog disc records, and anything else that is currently in practical use or will be newly developed and put into practical use in the future. It is a recording of the format, structure, and material of.
(2) "This service" means the record sales, music download service, and related services provided by the Company.
(3) "User" means an individual or corporation that uses this service.
(4) "Our website" means the website operated by our company that provides this service.
⑸ "Intellectual property rights" are copyrights, patent rights, utility model rights, design rights, trademark rights and other intellectual property rights (the right to acquire those rights or apply for registration, etc. for those rights). Includes.).
⑹ “Third party” means a person other than the user (if the user is a corporation, the officers, employees, etc. of the corporation are also included).
Article 3 (Registration)
1. A person who wishes to use this service shall register the use of this service with us by providing us with certain information specified by us (hereinafter referred to as "registration items") by the method specified by us. You can apply for. However, the user can use this service even if he / she does not register under this article.
2 The Company will determine whether or not the person who applied for registration based on Paragraph 1 (hereinafter referred to as the "registration applicant") can be registered in accordance with the Company's standards, and if the Company approves the registration, We will notify the registration applicant to that effect. Registration as a user of the registration applicant shall be completed upon the notification of this section by the Company.
3 The Company may refuse registration and re-registration if the registration applicant or user falls under any of the following reasons. In that case, we are not obligated to disclose the reason.
(1) When there is a false statement, clerical error, or omission in all or part of the registered items provided to us.
(2) When the applicant for registration or the user is either a minor, an adult guardian, a guardian, or an assisted person and has not obtained the consent of a legal representative, etc.
(3) If the applicant for registration or the user is a gangster, a gangster-related company, a right-wing group, an antisocial force or a person equivalent to these or a member thereof (hereinafter referred to as "antisocial forces, etc."), or funds. When the Company determines that it is engaged in some kind of exchange or involvement with antisocial forces, such as cooperating or being involved in the maintenance, operation or management of antisocial forces, etc. through provision and others.
④ When the Company determines that the registration applicant or user is a person or a related person who has violated the contract with the Company in the past.
⑤ When the registration applicant or user has received the measures stipulated in Article 12.
⑥ Other cases where the Company determines that registration is not appropriate
Article 4 (Change of registered items)
If there is a change in the registered items, the user shall notify the company of the changed items without delay by the method specified by the company.
Article 5 (Management of password and user ID)
1 The user shall properly manage and store the password and user ID related to this service at his / her own risk, and shall not allow a third party to use it, or lend, transfer, change the name, buy or sell, etc. Suppose.
2 The user shall be liable for any damages caused by insufficient management of password or user ID, mistake in use, use by a third party, etc., and the Company shall not be liable at all.
Article 6 (Fee and payment method)
1 When a user purchases a record or downloads a song with this service, the price specified on our website will be incurred.
2 The user shall pay the price set forth in the preceding paragraph by credit card or other payment method specified by the Company.
3 We may outsource payment to a company that provides payment services other than our company as a payment method. In that case, the user shall comply with the terms and conditions established by the corporation that provides the payment service.
4 If we determine that the payment method registered or used by the user after registration is illegally used or there is a risk of it, we may refuse to use this service.
Article 7 (Contract establishment and product shipping)
1 When a user places an order for a product with us, we will notify the user of confirmation by e-mail or other means.
2 When a user who has not registered under Article 3 places an order for a product, certain information specified by the Company shall be provided to the Company.
3 When the product is shipped from us to the user, we will notify the user of the shipment of the product by e-mail or other methods.
4 The sales contract between the user and our company will be concluded when the payment is completed.
5 The user cannot cancel the order after the sales contract set forth in the preceding paragraph has been concluded.
6 When the product is shipped, we will ship the product immediately after confirming the completion of the payment procedure.
7 If there are special circumstances in which we cannot ship the product due to the discontinuation of the product, or if we determine that there is a problem with the order details, we will place the user's order regardless of whether the order is accepted or not. Cancellation is possible without notice. In this case, the Company shall promptly notify the user of the cancellation and refund the price to the user if the price has been settled. However, we shall not be liable for damages exceeding the product price such as lost profits of the user caused by cancellation.
8 After we ship the goods to you, if you refuse to receive the goods for no good reason, if the goods are returned to us after the storage period, or because of an error in the information you provided to us. If you do not receive the item, we will not be able to refund the amount received. In addition, the shipping fee will be borne by the user if we take the shipping procedure again.
Article 8 (Returns, refunds and exchanges)
1 If the received product does not conform to the product description on our site regarding its type, quality or quantity (hereinafter referred to as "contract non-conformity"), the user will specify it within 7 business days after receiving the product. We will contact you after filling out the necessary information on the inquiry form. As a general rule, we will not take any action after the above period has elapsed.
2 Based on the preceding paragraph, if the Company finds that the product is non-conforming with the contract, the product will be exchanged for the same product according to the procedures prescribed by the Company.
3 We will refund the price of the product to the user only when the product specified in the preceding paragraph cannot be exchanged due to our circumstances.
4 Except as provided in this article, the user shall not be able to return the purchased product.
Article 9 (Prohibited matters)
1 The user must not perform any of the following acts when using this service.
① Acts that violate the criminal law, copyright law and other laws and regulations
(2) Acts that infringe on the intellectual property rights, portrait rights, privacy rights, honors and other rights or interests of the Company, other users who use this service, the copyright holders of copyrighted works managed by the Company, and other third parties.
③ Acts that are offensive to public order and morals
④ The act of purchasing a record or music and repeating the order of the product even though there is no intention to pay the price.
⑤ Through this service, send information including computer viruses and other harmful computer programs or information that we deem applicable to us.
⑥ Acts that place an excessive burden on the network or system of this service
⑦ Acts that interfere with or may interfere with the operation of this service
⑧ Unauthorized access to our network or system, or attempting unauthorized access
⑨ Act of impersonating a third party
⑩ Acts of using the ID or password of other users of this service
⑪ Collecting information of users of this service
⑫ Acts that cause disadvantage, damage or discomfort to our company, other users of this service or other third parties
⑬ Acts that defamation such as defamation of our company, other users of this service or other third parties
⑭ Act of providing profits to antisocial forces, etc.
⑮ Other acts that the Company deems inappropriate
2 If the user violates or may violate this agreement, or if we have determined in the past that we have violated or may violate this agreement, we will do so. , You can refuse the use of this service to the user. In that case, we are not obligated to disclose the reason.
Article 10 (suspension of this service, etc.)
1. The Company shall be able to suspend or suspend the provision of all or part of this service without notifying the user in advance in any of the following cases.
① When inspecting or maintaining the computer system related to this service
② When the computer, communication line, etc. stop due to an accident
③ When this service cannot be operated due to force majeure such as earthquake, lightning strike, fire, wind and flood damage, power outage, natural disaster, etc.
④ When there is unauthorized access to the network or system of this service and it is necessary to deal with it
⑤ Other cases where the Company determines that suspension or suspension is necessary
2 The Company shall not be liable for any damage caused to the user based on the measures taken based on this article.
Article 11 (attribution of rights)
All intellectual property rights related to our website and this service belong to us or the licensed person, and the user permits us or our company to deliver on this service only to the extent specified in this agreement. You can use the intellectual property rights of the person who owns the property.
Article 12 (deregistration, etc.)
1. If the Company determines that the user falls under any of the following reasons, the Company will temporarily suspend the use of this service for the user or as a user without prior notice or notification. You can cancel the registration or cancel the service usage contract.
① If you violate the provisions of this agreement
② When it is found that there is a false fact in the registered items
③ When the user suspends payment or becomes insolvent, or there is a petition for bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special settlement, or similar proceedings.
④ If there is no response to inquiries from our company or other requests for answers for 30 days or more
⑤ When each item of Article 5, Paragraph 4 is applicable
⑥ Other cases where the Company determines that it is not appropriate to use this service, register as a user, or continue the service use contract.
2 The Company shall not be liable for any damage caused to the user due to the actions taken by the Company based on this article.
Article 13 (withdrawal)
The user can withdraw from this service and cancel his / her registration as a user by notifying us by the method prescribed by us.
Article 14 (Changes and termination of the contents of this service)
1 We may change the contents of this service or terminate the provision at our convenience. If we terminate the provision of this service, we shall notify the user in advance.
2 The Company shall not be liable for any damage caused to the user based on the measures taken by the Company based on this article.
Article 15 (Denial of Warranty and Disclaimer)
1 Our company is that this service fits the specific purpose of the user, has the expected function, commercial value, accuracy and usefulness, and the use of this service by the user is a law or industry group to which the user applies. We do not guarantee that the product will comply with the internal rules of the company and that no problems will occur.
2 The Company suspends, suspends, terminates, makes unavailable or changes the provision of the Service by the Company, deletes or loses the message or information sent by the user to the Service, deletes the user's registration, registration data due to the use of the Service. We shall not be liable for any loss, equipment failure or damage, or any other damage suffered by the user regarding this service.
3 The provisions of the preceding paragraph do not apply if the user is a consumer under the Consumer Contract Law. In this case, the Company shall not be liable for any damages of the User beyond the amount of consideration paid to the Company by the User in the past year, and shall not be liable for incidental damages, indirect damages, special damages, future damages. We shall not be liable for any damages related to the damages and lost profits.
4 We are not responsible for any transactions, communications, disputes, etc. that occur between the user and other users or third parties in connection with this service or our website.
Article 16 (Confidentiality)
The User shall treat the non-public information disclosed by the Company asking the User to treat it confidentially in connection with the Service, except with the prior written consent of the Company.
Article 17 (Handling of user information)
1. Regarding the handling of user information of users by our company, it shall be in accordance with the provisions of our privacy policy, and the user agrees that we will handle user information of users in accordance with this privacy policy.
2 The Company shall be able to use and disclose the information, data, etc. provided by the user to the Company as statistical information in a non-personally identifiable form at the discretion of the Company, and the user disagrees with this. I will not mention it.
Article 18 (Changes to these Terms)
1 Our company shall be able to change this agreement.
2 When the Company changes this agreement, the content of the change shall be notified to the user or announced on the Company's website, and when the user uses this service after notifying the user or publishing on the Company's website. Or, if you do not take the procedure for deregistration within one month, the user will be deemed to have agreed to the change of this agreement.
Article 19 (contact, notification)
Inquiries regarding this service and other communications or notifications from users to the Company, and notifications regarding changes to this Agreement and other communications or notifications from the Company to users shall be made by the method specified by the Company.
Article 20 (Transfer of status under service use contract, etc.)
1 The user may not assign, transfer, set collateral or otherwise dispose of the status under the service use contract or the rights or obligations based on this agreement to a third party without the prior written consent of the Company.
2. If the business related to this service is transferred to another company, merger, company split or other business is transferred to another company (hereinafter referred to as "business transfer, etc."), the Company will be accompanied by the business transfer, etc. , The status under the service use contract, the rights and obligations based on this agreement, the user's registration items and other customer information may be transferred to the transferee of the business transfer, etc., and the user shall be able to transfer such transfer in this section. It is assumed that you have agreed in advance.
Article 21 (Separability)
Even if any provision of this agreement or a part thereof is determined to be invalid or unenforceable by law, the remaining provisions of this agreement and some provisions determined to be invalid or unenforceable The rest shall continue to be in effect.
Article 22 (Governing Law and Court of Jurisdiction)
1 The governing law of this agreement and the service use contract shall be Japanese law.
2. The Tokyo District Court shall be the exclusive agreement jurisdictional court of the first instance for all disputes arising out of or related to this agreement or the service use contract.
[Established on August 2, 2021]