Terms of Use

These "cocodake" Membership Terms and Conditions (hereinafter referred to as "these Terms") define the terms and conditions for the provision of membership services (hereinafter referred to as "Membership Services") offered by Ametsuchi Design Inc. (hereinafter referred to as "the Company") to customers using the service provided by the Company under the name "cocodake" (hereinafter referred to as "the Service"), and the rights and obligations between the customer and the Company. These Terms shall apply when using "cocodake". Please read the entire text of these Terms before using the Membership Services.

 

 

Article 1 (cocodake Member)

  1. The Company provides customers with a common ID program (hereinafter referred to as "cocodake ID").
  2. Customers can create an account (hereinafter referred to as "Customer Account") based on these Terms and use the Membership Services.
  3. The Company issues an ID (hereinafter referred to as "Member ID") and a password (hereinafter referred to as "Password") for customers to use their Customer Account.
  4. Customers can use the Membership Services in accordance with the conditions stipulated by the Company. Customers can use various services provided by the Company through their Customer Account, but some of these services may require separate registration and prior agreement to their respective terms of use.

 

 

Article 2 (Registration)

  1. A prospective registrant (meaning an individual, corporation, or organization wishing to use the Service; hereinafter the same) may apply to the Company for registration to use the Service by agreeing to comply with these Terms and the individual terms of use for the Service, and by providing registration information to the Company in the manner specified by the Company. This application procedure must be performed by the prospective registrant themselves.
  2. The Company shall judge the possibility of registration of the prospective registrant according to the Company's standards, and except in the case stipulated in the next paragraph, shall deem the member registration completed, thereby establishing a contract (hereinafter referred to as "this Contract") between the customer and the Company with the provisions of these Terms as its content, and the customer shall acquire membership status (a customer who has acquired membership status based on this Article shall hereinafter be referred to as a "Member").
  3. If a person who applied for registration based on Paragraph 1 falls under any of the following reasons, the Company may refuse or cancel their registration.
    1. If all or part of the registration information provided to the Company contains false information, errors, or omissions.
    2. If the prospective registrant has previously received measures such as account deletion or suspension of use in connection with the use of the Service or other services provided by the Company, or is currently receiving such measures.
    3. If the prospective registrant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant.
    4. If the prospective registrant is an anti-social force (meaning a crime syndicate, a member of a crime syndicate, a right-wing organization, an anti-social force, or any other equivalent person), or if the Company determines that they are cooperating or involved in the maintenance, operation, or management of an anti-social force through funding or other means, or are engaged in any kind of interaction or involvement with an anti-social force.
    5. In any other case where the Company deems the registration inappropriate.
  1. During the registration process, please carefully review the input instructions and enter the necessary information into the prescribed form. Please ensure that the registration is made with true and accurate information. The Company shall not be liable for any damages incurred by the customer due to false, erroneous, or incomplete information.
  2. By applying for registration to use the Service based on Paragraph 1, the prospective registrant shall agree in advance that accommodation facilities using the cocodake Service may verify the prospective registrant's information based on their cocodake ID within the scope necessary for their operations.

 

Article 3 (Management of Member ID and Password)

  1. Members shall manage and store their Member ID and password issued by the Company at their own responsibility, and shall not allow third parties to use them, or lend, transfer, change the name, or sell them, etc. If the Company confirms that the Member ID and password match, the Company shall deem that the customer registered as holding that Member ID and password has used the Membership Services.
  1. The Member shall be responsible for damages resulting from insufficient management of the Member ID and password, errors in use, or use by a third party, except in cases of willful misconduct or gross negligence on the part of the Company, and the Company shall not bear any responsibility whatsoever.
  2. If a Member discovers the loss, leakage, theft, or unauthorized use of their Member ID or password by a third party, they shall immediately notify the Company of such fact and follow the Company's instructions. In such a case, even if the Member suffers damage as a result of following the Company's instructions, the Company shall not be liable for any such damage.

 

Article 4 (Transactions using accounts)

Transactions conducted by members using an account on each service (including purchase of goods or services, application for purchase, and other declarations of intent regarding transactions; hereinafter the same) shall be conducted directly between the member and their counterparty. The Company shall not be a party to such transactions, except when the Company is the counterparty to the transaction, and shall not bear any responsibility for such transactions whatsoever. Therefore, if any trouble arises during a transaction, the member and their counterparty shall resolve it between themselves.

 

Article 5 (Change of Registration Information)

  1. If there is any change to customer data, the member shall complete the change procedure specified by the Company within 14 days.
  1. The Member shall, without objection, acknowledge in advance that if a notice from the Company fails to reach the Member due to the Member's failure to make the change in the preceding paragraph, such notice shall be deemed to have arrived at the time it would normally have arrived.
  2. The Company shall not be liable for any damages incurred due to the Member's failure to make the change in Paragraph 1.

 

Article 6 (Contact and Notification)

  1. Inquiries and other communications or notifications regarding the Membership Services from a Member to the Company shall be made in the manner specified by the Company.
  2. Communications or notifications regarding the Membership Services from the Company to a Member shall be made by sending an email to the email address included in the registered information or by other methods specified by the Company. If the Company sends a communication or notification to the email address or other contact information included in the registered information, such communication or notification shall be deemed to have been made at the time the email was sent from the Company or posted on the Company's website, etc.

 

Article 7 (Handling of Personal Information)

  1. The Company shall receive personal information (meaning personal information as defined in the Act on the Protection of Personal Information (Act No. 57 of 2003; hereinafter referred to as the "Personal Information Protection Act")) included in data disclosed by customers and users, etc., based on the customer's entrustment. When a customer discloses personal information to the Company by uploading it to the Membership Services, etc., the customer shall be deemed to have entrusted the handling of personal information to the Company for the use of the Membership Services.
  2. When entrusting the Company with the handling of personal information, the customer shall guarantee that they have completed the procedures stipulated by the Personal Information Protection Act and other relevant laws and regulations.
  3. The Company shall handle personal information entrusted by customers in accordance with its separately stipulated privacy policy (hereinafter referred to as the "Privacy Policy").
  4. The Company shall not use, process, copy, or reproduce personal information entrusted by customers beyond the scope of the purpose of entrustment.
  5. The Company shall appoint a responsible person for the management of personal information entrusted by customers and take necessary and appropriate measures to prevent leakage, loss, or damage of personal information and for other security management.
  6. If an incident such as leakage, loss, or damage of personal information entrusted by customers occurs, the Company shall promptly report the fact to the customer, investigate the cause, and take necessary measures to prevent the spread of the incident.

 

Article 8 (Prohibited Acts)

In using the Membership Services, members shall not, by themselves or through users, commit any of the acts listed in the following items or any acts that the Company deems to fall under any of them.

  1. Acts that violate laws and regulations or acts related to criminal acts
  2. Fraudulent acts or acts of intimidation against the Company, other members, or other third parties
  3. Acts contrary to public order and morals
  4. Acts that infringe upon the copyrights, patent rights, utility model rights, design rights, trademark rights, or other intellectual property rights (including the right to acquire such rights or apply for registration, etc., for such rights; hereinafter collectively referred to as "Intellectual Property Rights, etc."), portrait rights, privacy rights, honor, or other rights or interests of the Company, other members, or other third parties.
  5. Acts of sending information that falls under the following or that the Company deems to fall under the following to the Company or other members through the Membership Services.
  • Information containing excessively violent or cruel expressions
  • Information containing computer viruses or other harmful computer programs
  • Information containing expressions that defame or damage the credibility of the Company, other members, or other third parties
  • Information containing excessively obscene expressions
  • Information containing expressions that promote discrimination
  • Information containing expressions that encourage suicide or self-harm
  • Information containing expressions that promote inappropriate use of drugs
  • Information containing antisocial expressions
  • Information requesting the dissemination of information to third parties, such as chain emails
  • Information containing expressions that cause discomfort to others
  1. Acts that place an excessive burden on the network of the Membership Services or the cocodake system, etc.
  2. Acts that may interfere with the operation of the Membership Services.
  3. Acts of unauthorized access to the Company's network or system, etc., or attempting unauthorized access.
  4. Any reverse engineering acts to analyze the Company's software, etc., such as decompilation or disassembly.
  5. (10)Acts of impersonating a third party.
  6. (11)Acts of a single corporation, organization, or individual performing multiple member registrations without necessity.
  7. (12)Acts of exploiting other members.
  8. (13)Promotional, advertising, solicitation, or business activities on the Membership Services that have not been approved by the Company in advance.
  9. (14)Acts of collecting information of other users of the Membership Services.
  10. (15)Acts that cause disadvantage, damage, or discomfort to the Company, other members, or other third parties.
  11. (16)Acts of providing benefits to anti-social forces.
  12. (17)Acts that directly or indirectly induce or facilitate the acts in the preceding items.
  13. (18)Other acts that the Company deems inappropriate.

 

Article 9 (Suspension of Service Use, Revocation of Membership Qualification)

  1. If a member falls under any of the following items or if the Company determines that there is a risk of falling under any of the following items, the Company may temporarily suspend the use of the Member Services by the member, take other necessary measures, or terminate this Agreement without prior notice or demand.
    1. If the member violates any provision of these Terms or if the Company determines that there is a risk of such violation.
    2. If there was fraudulent activity by the member regarding the use of the Membership Services.
    3. If it is necessary to ensure the member's security, such as when there are more than a certain number of incorrect password entries.
    4. If the member has previously received or is currently receiving measures such as suspension of use of the Membership Services or other services provided by the Company, or deletion of Member ID.
    5. In any other case where the Company deems there is a reason similar to the preceding items.
  2. The Company shall not bear any responsibility for damages incurred by the member due to actions taken by the Company based on this Article, and even after measures based on the preceding paragraph have been taken, the Company may retain and use all data and other information provided to the Company by the member.

 

Article 10 (Withdrawal and Termination of this Agreement)

  1. Members may terminate this Agreement at any time by following the Company's prescribed withdrawal procedures.
  2. If this Agreement is terminated by the withdrawal procedures in the preceding paragraph, or for any reason whatsoever, the member shall immediately lose all access to and use of their account and the Membership Services. All rights that the member had against the Company in connection with the Membership Services at that time shall be extinguished, and the member shall not be able to make any claims against the Company. However, if the member owed any debt to the Company prior to the termination of this Agreement, such debt shall not be extinguished, and the member shall immediately pay all such debt to the Company after the termination of this Agreement.

 

Article 11 (Changes, Interruption, Termination, etc. of Membership Services)

  1. The Company may change or add all or part of the content of the Membership Services without prior notice to the Members. However, in the case of a change or abolition involving a significant reduction of the Membership Services, the Company shall notify the customers of the change or abolition of the Membership Services, the content of the changed Membership Services, and the timing thereof a reasonable period of at least one month in advance by posting it on the Company's website or by other methods deemed appropriate by the Company.
  2. The Company may, at its discretion, discontinue the provision or operation of all or part of the Membership Services. Furthermore, if the Company discontinues the provision or operation of all or part of the Membership Services at its discretion, it will notify the members thereof by a method deemed appropriate by the Company. However, in urgent cases, notification to members may not be given.
  3. The Company may temporarily suspend all or part of the Membership Services without prior notice to members if any of the following events occur:
    1. When periodic or emergency maintenance or repair of the cocodake system and other hardware, software, and communication equipment for the Membership Services is performed.
    2. When telecommunications carrier services are not provided.
    3. When the provision of Membership Services is difficult due to force majeure such as natural disasters.
    4. When the provision of Membership Services is difficult due to fire, power outage, other unforeseen accidents, war, conflict, civil unrest, riots, or labor disputes.
    5. When the system is overloaded due to excessive access or other unexpected factors.
    6. When it becomes necessary to ensure customer security, such as when it is discovered that the Member ID or password has been stolen or used without authorization by a third party.
    7. When all or part of content sites, information provider systems, or services operated by third parties linked to the Membership Services (hereinafter referred to as "Third-Party Services") are temporarily suspended or interrupted.
    8. When the operation of Membership Services becomes impossible due to laws and regulations or measures based thereon.
    9. In any other case where the Company deems it necessary, equivalent to the preceding items.
  4. Members acknowledge in advance that their use of all or part of the Membership Services may be restricted if any of the following items apply.
    1. If membership qualification cannot be confirmed by the authentication function for management ID, management password, etc., which is used to confirm eligibility for using the Membership Services.
    2. When using the Membership Services in an environment where there is no internet connection.
    3. When using the Membership Services in communication conditions where real-time communication is not possible.
  5. The Company shall not bear any responsibility for damages incurred by members due to measures taken by the Company based on this Article.

 

Article 12 (Attribution of Rights)

  1. All intellectual property rights related to the content, third-party content, and other information provided by the Company in the Service belong to the Company or its licensors, and no license to use the Service based on these Terms implies a license to use the intellectual property rights of the Company or its licensors.
  2. Members shall not, without the Company's permission, adapt, edit, or modify information provided by the Company, allow third parties to use it, or publish it, and shall not, for any reason whatsoever, commit any act that may infringe upon the intellectual property rights of the Company or its licensors (including, but not limited to, disassembling, decompiling, or reverse engineering).
  3. Trademarks, logos, service marks, etc. (hereinafter collectively referred to as "Trademarks, etc.") may be displayed on the Service, but the Company does not transfer or license any Trademarks, etc., to members or any other third party.

 

Article 13 (Disclaimer of Warranty and Exemption from Liability)

  1. Members understand and agree that the Company makes no warranties regarding the incentive programs, content, and all other information provided through the Membership Services, including that they are free from errors, bugs, defects, or security flaws, do not infringe on the rights of third parties, possess the qualities expected by members, and comply with applicable laws and regulations, and that the Membership Services are provided "as is" at the time of provision. Members shall use the Membership Services at their own risk.
  2. The Company shall not make any warranties in these Terms regarding the truthfulness, accuracy, recency, usefulness, reliability, legality, and non-infringement of third-party rights concerning the content of services available with a member's account, and shall not bear any responsibility whatsoever for any damages incurred in connection with the use of such services.
  3. If the Company is liable to a member in connection with the member's use of the Membership Services, the Company shall compensate only for damages that are typically and directly incurred by the member, except in cases of willful misconduct or gross negligence on the part of the Company, and shall not be liable for damages arising from special circumstances (including cases where the occurrence of damage was foreseen or foreseeable).

 

Article 14 (Changes to these Terms, etc.)

  1. The Company may change the content of these Terms within a scope that does not contradict the purpose of the Service, based on the provisions for changing standardized contracts under the Civil Code, if it is in the general interest of the members, or if there are reasonable grounds such as changes in social conditions, economic circumstances, or the actual situation concerning the Service, or changes in laws and regulations.
  2. When the Company revises these Terms based on the preceding paragraph, it shall inform members of the revised Terms by displaying them on the Company's website or by other methods determined by the Company, and the revised Terms shall apply from the date of expiry of a reasonable period of at least one month specified at the time of such notification.
  3. When the Company revises these Terms without complying with the provisions of Paragraph 1 of this Article, it shall obtain the consent of the Members regarding the content of the revised Terms. In this case, the Company shall also notify the Members of the content of the revised Terms in accordance with the provisions of the preceding paragraph. If a Member uses the Service or does not complete the cancellation procedure after such notification and before the effective date of the revised Terms, the Member shall be deemed to have agreed to the content of the revised Terms.

 

Article 15 (Transfer of Status under this Agreement, etc.)

  1. Members may not assign, transfer, pledge, or otherwise dispose of their status under the Service Agreement or their rights or obligations under these Terms to any third party without the prior written consent of the Company.
  2. If the Company transfers the business related to the Service to another company, the Company may transfer its status under the user agreement, rights and obligations under these Terms, and the member's registration information and other customer information to the transferee of such transfer, and the member shall be deemed to have consented to such transfer in advance under this paragraph. The business transfer referred to in this paragraph includes not only ordinary business transfers but also company splits and all other cases where the business is transferred.

 

Article 16 (Governing Law and Agreed Jurisdiction)

The governing law of these Terms shall be Japanese law, and the Tokyo District Court shall be the exclusive court of first instance for all disputes arising from or related to these Terms.

 

Article 17 (Consultative Resolution)

The Company and the customer shall, if there is any matter not stipulated in these Terms or any doubt arises as to the interpretation of these Terms, consult with each other in good faith and promptly resolve the matter.

 

Established on November 21, 2020