Article 1 (Deliveru service)

The "Deliveru" is the virtual event delivery platform on the internet (https://deliveru.jp/) which is provided by Facio Inc. ("Company"). Its "Deliveru" is also the generic term for applications, email delivery, a variety of services in association with our site.

 

Article 2 (User Application and Acceptance of the Terms )

1. These Terms of Use ("Terms") shall apply to those who use Deliveru ("User"). 

2. The User understands and accepts the structure of Deliveru and the content of the service provided by Deliveru, and these Terms. The User shall apply for the use of Deliveru according to the procedure specified by the Company and the organizer of the event on Deliveru ("Organizer"), and shall use Deliveru under agreement to these Terms. 

3. If there are any operational rules, privacy policy, and other precautions, etc. ("Precautions") presented by the Company on Deliveru, the Precautions shall be part of these Terms.

4. The User shall be deemed to have agreed to these Terms by applying to the Company or the Organizer a registration for referring to information through Deliveru, or browsing or using the contents or information contained in Deliveru.

 

Article 3 (Membership Registration and User Account) 

1. If you apply for the use of Deliveru to the Company or the Organizer, and the Company approve this, your membership to Deliveru has been registered and the User account will be directly granted to the User by the Company.

2. The User shall be responsible for the contents of the information entered or provided at the time of membership registration ("Member information"). When the content of Member information has any changes, the User immediately updates the information on Deliveru by yourself or requests the Organizer to update and always provides the latest information to the Company and the Organizer.

3. We may suspend the granted user account when the Company deems it inappropriate, such as when the member information is incorrect. The User account issued by the Company shall be available only to the User yourself who has been issued, and shall be prohibited to transfer or lending to a third party.

4. All actions on Deliveru by using the issued user account shall be regarded as the actions of the User who received the issuance of the user account. At the User own risk, the User shall use Deliveru also manage your user accounts. The Company and the Organizer shall not be liable including refunds for any damages caused by the theft of the user account by a third party, unless the company and the Organizer have intentional or gross negligence. 

 

Article 4 (Withdrawal and Cancellation)

1. If the User wishes to withdraw from the membership of Deliveru, the User shall follow the prescribed procedure specified by the Company or the Organizer.

2. The User has no objection to the Company or the Organizer even if all or part of the user's registration information and the user's usage history would be deleted in Deliveru after the User withdraws. The User shall backup and store the necessary information by the User yourself. In addition, this paragraph shall not stipulate the obligation of the Company to store the information and its history, etc. except in the cases specified in this paragraph.

 

Article 5 (Suspension and Deletion of User account)

1. If the Company deems that the User violates these Terms, the Company may take appropriate measures such as suspension and deletion of the user account, prohibition of membership registration in the future, etc.

2. The Company and the Organizer may suspend or delete the User account with prior notice to the user if the User does not use Deliveru for a certain period or if the Company deems it necessary. 

 

Article 6 (Prohibited Acts)

1. The User shall not perform the following acts or acts that may fall under the following acts in Deliveru.

(1) Acts of intentionally register false or misleading information

(2) Acts that infringe the rights of others such as copyright, trademark right, privacy right, name right/Namensrecht of moral rights, portrait right, honor of person right, etc.

(3) Acts that defamation and slander against individuals or groups

(4) Acts that violate or may violate laws and regulations, public order, and morals

(5) Acts of using various services provided by the Company through Deliveru for fraudulent purposes

(6) Acts of taking advantage inappropriate of system failure occurrence on Deliveru 

(7) Acts such as providing information for the purpose of profit without any consent of the Company

(8) Acts of obstructing the operation of Deliveru, or acts of damaging to the Company credit 

(9) Acts that violate these Terms

(10) Any other acts that the Company deems inappropriate or inadequate

2. If the acts listed in the preceding paragraph cause damage to the Company or third parties, the User shall bear all legal liability and shall not cause any damages to the Company or third parties.

3. If the Company reasonably deems that the User has performed the acts listed in the preceding two paragraphs, the Company shall suspend or delete the user account, prohibit future membership registration, etc. without prior notice. The Company shall be permitted to take measures that we deem appropriate.

 

Article 7 (Suspension, Interruption, Change and Termination of Service)

1. We may suspend or interrupt Deliveru without prior notice to User in the following cases.

(1) When maintaining or changing specifications of Deliveru

(2) When a natural disaster or other emergency occurs or is likely to occur, and some or all the services provided on Deliveru unable to be operated

(3) When the Company determines that it is necessary to stop various services provided on Deliveru due to unavoidable reasons

2. We may change the specification of Deliveru anytime without prior notice to the User. 

3. We may suspend or terminate Deliveru for a long period of time with a one-month prior notice and period to the applicant and the User.

 

Article 8 (Copyright, etc.)

1. Intellectual property rights such as copyrights for all texts, images, videos, sounds, programs, etc. provided through Deliveru shall belong to the Company or the content provider. The user is not permitted to reproduce, reprint or so without the prior consent of the Organizer.

2. If a dispute arises in violation of the provisions of this Article, the User shall resolve the dispute at the User     own expense and responsibility, and shall not cause any damage to the Company or third parties.

 

Article 9 (Force Majeure)

1. We shall not be liable to the User who receives damages caused by any virus damage, power outage, damage, server failures, line failure, damage caused by natural disasters, and other reasons which are impossible to prevent even if reasonable measures should be taken ("Force Majeure").

2. We do not warrant that the data managed or provided by Deliveru will not be deleted or changed due to Force Majeure.

 

Article 10 (No Warranty)

1. We do not warrant for any of followings. 

(A) Occurrence of system failures or errors or bugs in the provision of Deliveru

(B) Accuracy of the information obtained from Deliveru 

(C) The services and information available through Deliveru will meet the expectations of users

2． Regarding the information provided from Deliveru, the User shall use Deliveru at your own risk in agreement with the Company which do not warrant for all Deliveru’s effectiveness of currentness, truthfulness, legality, safety, appropriateness, usefulness, passing assurance of your exam, etc. In the unlikely event that any trouble occurs with the information, the Company shall not take any responsibility. However, this does not apply if the trouble occurs intentionally or due to gross negligence of the Company.

 

Article 11 (Equipment and Communication Costs to Use Deliveru)

The User shall prepare the communication environment such as communication terminals and communication equipment necessary for using Deliveru at your own expense and responsibility. In addition, the Company shall not bear any communication costs required for using Deliveru.

 

Article 12 (Anti Social Forces) 

1. The User represents, warrants and covenants not to be fall under any of the following items, also shall not be any of the following items in the future. 

(1) Organized crime groups/Boryokudan

(2) Member of organized crime groups/Boryokudan 

(3) Quasi-member of organized crime groups/Boryokudan

(4) Affiliated companies to organized crime groups/Boryokudan

(5) Persons who may commit violent illegal acts in demand of unfair profits against such as companies and pose a threat for citizens to live safely

(6) Persons who disguise or claim social movements or political activities and may engage in violent illegal acts to demand unfair profits, threatening citizens to live safely groups engaging in criminal activities under the pretext of conducting social campaigns or political activities and crime groups specialized in intellectual crimes, but also to whether they fit the

(7) In addition to the persons listed in the preceding items, any groups or individuals of organized crime syndicates who use their force against the background of their relationship with organized crime groups/Boryokudan

(8) Other persons equivalent to the preceding items

2. The Company and the applicant and the User covenants that they shall not perform any of followings by themselves or by using third parties.

(1) Pursue economic profits using violence

(2) Making unreasonable demands that go beyond the limits of legal liability

(3) Acts of threatening behavior or using violence regarding transactions

(4) Acts of spreading false rumors, damaging the credit to another, and obstructing the business of another by using fraudulent means or any forces

(5) Other acts equivalent to the previous items

 

Article 13 (Disclaimer)

We shall not be liable for any damages caused by the applicant or the User with respect to websites and services provided by Deliveru and other third parties accessible through Deliveru, unless we have intentional or gross negligence. 

 

Article 14 (Amendment to the Terms)

1. We may amend these Terms and Precautions without prior notice. 

2. The User deemed to be consented these amendments of Terms or Precautions at the time when the User has used "Deliveru" after their revisions posted.

 

Article 15 (Personal Information)

Regarding the handling of personal information, we shall comply with the privacy policy separately established by our company.

 

Article 16 (Separation Clause)

If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, the validity of the remaining provisions shall not be affected in any way. The parties hereto shall replace the invalid or unenforceable provision by a provision closest possible to the original intent of the invalid or unenforceable　provision.

 

Article 17 (Governing Law and Jurisdiction)

These Terms of Use shall be governed by, and construed in accordance with, the laws of Japan. Tokyo District Court or the Tokyo Summary Court shall be the exclusive jurisdiction court of the first instance for all disputes concerning these Terms.

 

Created and applied on November 1, 2016