Terms of Use (EN)

These Terms of Use (hereinafter referred to as the “Terms”) set forth the conditions under which users (hereinafter referred to as “Users”) may use the services (hereinafter referred to as “the Service”) provided on this website by Arte Inc. (hereinafter referred to as the “Company”).

 

Article I. (Application)

1. The Terms apply to all relationships related to the use of the Service between the Users and the Company.
2. In addition to the Terms, the Company may establish various provisions (hereinafter referred to as “Individual Provisions”) such as rules for using the Service. These Individual Provisions, regardless of their names, constitute a part of the Terms.
3. If the the Individual Provisions conflict with the Terms, unless otherwise specified in the Individual Provisions, the Individual Provisions will take precedence.

 

Article II. (Registration)

1. Registration for the Service requires the applicant to agree to the Terms and apply for registration according to the method specified by the Company, which becomes complete upon the Company’s approval. 
2. If the Company determines that the applicant has any of the following reasons, the Company may not approve the application for user registration, and shall not be obligated to disclose any of the reasons.
   1. when false information is reported during the user application for user registration
   2. when the application is from a person who has violated the Terms
   3. in other cases where the Company determines that the registration for use is inappropriate.

 

Article III. (Management of User ID and Password)

1. Users are responsible for appropriately managing their User ID and password for the Service.
2. Under no circumstances may a User transfer or lend their User ID and password to a third party, or share it with a third party. The Company will consider the use of the Service through a matching User ID and password as the use by the registered User themselves.
3. The Company is not liable for any damage caused by the use of the User ID and password by a third party, except in cases of intentional misconduct or gross negligence by the Company.

 

Article IV. (Fees and Payment Method)

1. Users shall pay the service fees displayed on this website as compensation for the paid part of the Service, by the method specified by the Company.
2. If a User delays payment of the service fees, User shall pay a late penalty at an annual rate of 14.6%.

 

Article V. (Prohibited Actions)

In using the Service, Users shall not:

1. violate laws or public order and morality.
2. engage in criminal acts.
3. infringe on the copyrights, trademark rights, or other intellectual property rights included in the Service.
4. destroy or interfere with the functions of the Company’s or any third party’s servers or networks.
5. use the information obtained from the Service for commercial purposes.
6. engage in any action that could interfere with the operation of the Company’s services.
7. attempt unauthorised access or engage in similar acts.
8. collect or accumulate personal information about other Users.
9. use the Service for fraudulent purposes.
10. cause disadvantage, damage, or discomfort to other Users or third parties.
11. impersonate another User.
12. engage in advertising, promotion, solicitation, or business activities not authorized by the Company.
13. act with the purpose of meeting unfamiliar persons of the opposite gender.
14. benefit anti-social forces directly or indirectly in connection with the Company’s services.
15. engage in any other activities deemed inappropriate by the Company.

 

Article VI. (Suspension of Service)

1. The Company may suspend or interrupt all or part of the Service without prior notice to Users if it determines that: 
   1. maintenance, inspection, or updating of the computer system related to the Service is necessary.
   2. it becomes difficult to provide the Service due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters.
   3. computers or communication lines stop working due to accidents.
   4. it is otherwise difficult to provide the Service.
2. The Company is not liable for any disadvantage or damage suffered by Users or third parties due to the suspension or interruption of the Service.

 

Article VII. (Restriction of Use and Deletion of Registration)

1. The Company may, without prior notice, restrict the use of all or part of the Service for a User, or delete a User’s registration if the User:
   1. violates any provision of the Terms.
   2. is found to have provided false information during registration.
   3. defaults on payment obligations such as fees.
   4. fails to respond to communications from the Company for a certain period.
   5. has not used the Service for a certain period from the last usage.
   6. is otherwise deemed by the Company to be inappropriate for using the Service.
2. The Company is not liable for any damage incurred by Users as a result of actions taken by the Company under this article.

 

Article VIII. (Withdrawal)

Users may withdraw from the Service according to the procedures established by the Company.

 

Article IX. (Disclaimer and Exemption from Liability)

1. The Company does not explicitly or implicitly guarantee that the Service is free from actual or legal defects (including defects, errors, bugs, infringement of rights, etc. related to safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc.).
2. The Company is not liable for any damages incurred by Users arising from the use of the Service. However, this exemption does not apply if the contract between the Company and the User regarding the Service falls under a consumer contract as defined by the Consumer Contract Law.
3. Even in the case mentioned in the proviso, the Company is not liable for any damages arising from special circumstances (including cases where the Company or User foresaw or could have foreseen the occurrence of damage) caused by the Company’s negligence (excluding gross negligence) in performing obligations or by unlawful acts. Furthermore, compensation for damages caused by the Company’s negligence (excluding gross negligence) or unlawful acts to Users shall not exceed the amount of the service fee received from the User in the month when the damage occurred.
4. The Company is not responsible for any transactions, communications, or disputes between Users and other Users or third parties regarding the Service.

 

Article X. (Changes to the Service)

The Company may change the content of the Service or discontinue providing the Service without notifying Users, and will not be liable for any damage caused to Users as a result.

 

Article XI. (Changes to the Terms of Use)

The Company may change the Terms at any time without notifying Users if deemed necessary. If a User starts using the Service after the changes to the Terms, the User is deemed to have agreed to the modified Terms.

 

Article XII. (Handling of Personal Information)

The Company will handle personal information acquired through the use of the Service appropriately in accordance with the Company’s “Privacy Policy.”

 

Article XIII. (Notifications and Communications)

Notifications or communications between the User and the Company shall be conducted in the manner specified by the Company. The Company, unless notified by the User through a method separately specified by the Company, will consider the currently registered contact information as valid and will assume that notifications or communications sent to this contact have reached the User at the time of sending.

 

Article XIV. (Prohibition of Assignment of Rights and Obligations)

Users cannot transfer or offer as collateral their position under the usage contract or rights or obligations under the Terms to a third party without the written consent of the Company.

 

Article XV. (Governing Law and Jurisdiction)

1. The interpretation of the Terms shall be governed by Japanese law.
2. In the event of a dispute related to the Service, the court with jurisdiction over the location of the Company’s head office shall have exclusive jurisdiction.