Term of use

This Terms of Use (hereinafter referred to as the “Terms of Use”) explains legally binding rules (the “Terms”) to use the service that Makuake, Inc. offer through managed "Makuake".

When you use Makuake, you need to agree to all the rules on this page. By using this website (the “Site”) and services, offered by Makuake, Inc. you are deemed to members agreed to guidelines and precautions that have been defined for each service to use.

 

Article 1 (Definition)

Terms used herein shall be as defined below.

  1. 1 )“Company” means Makuake, Inc.
  2. 2 )“Makuake” collectively refers to the crowd funding sites operated by the Company.
  3. 3 )。“Service” means any and all services provided via “Makuake.” The Member may use the Service to provide financial support, as a Supporter, to a Project or may call for funding and cooperation, as a Project Owner, to an organization (or an individual person) who plans the Project.
  4. 4 )“Applicant” means a party who desires to be registered as a Member to use the Service.
  5. 5 )“Member” means those of the Applicants who applied for registration as a Member in accordance with the procedures provided by the Company and has been approved by the Company. To use the Service, recruit Supporters for the Project or provide a support, you have to agree to the Terms of Use and be registered as a Member.
  6. 6 )“Project” means a project planned by a Member (e.g. holding an event, production and provision of works and other various programs) which is publicized through the Service to recruit the Supporters.
  7. 7 )“Return” means the deliverables of a Project or a report of the Project outcome which may be received by the Supporter as a result of execution of the concluded Project.
  8. 8 )“Project Owner” means the Member who runs the Project or recruits (or has recruited) people who support the Project through the Service.
  9. 9 )“Supporter” means the Member sympathizing with the Project and desiring to decide to support the Project (i.e. to conclude a sales agreement with the Project Owner) who has completed the payment of fund for support to the Project.
  10. 10)“Support Fund” means the fund payable by the Supporter to support the Project after conclusion of the Project (which means that such conditions to conclude the Project as set forth in the description page of each Project are satisfied and the same being hereinafter referred to as the “Project Conclusion”).
  11. 11)“Registered Information” means any and all information provided by the Member to the Company for the purpose of receiving the Service provided.
  12. 12)“Personal Information” means the Registered Information that identifies a particular individual person, including without limitation the name, address, date of birth, telephone number, e-mail address, information on the account with financial institutions and credit card information.
  13. 13)“Certified Information” means the Registered Information that is necessary for the Company to authorize the connection by a Member and that contains an ID and password.

Article 2 (Service and Role of the Company)

  1. The Service shall be the crowd funding site, which is a service to offer a place and opportunity for Members to communicate with each other and to support the Project.
  2. All of the conclusion, revocation, cancellation, termination and any other processes of a sales agreement between the Members for support to the Project shall be done under self-responsibilities allocated between the Members who are the parties to the agreement (including without limitation a relevant third party and this being hereinafter referred to as a “Between-Member”) and the Company will not be concerned with the revocation, earlier termination, termination, revision, refund, guarantee or any other contractual performance between the parties.
  3. Kindly be advised that the Company will not arbitrate or attempt to settle any Between-Member trouble except the cases separately specified by the Company. As such, use the service with great care being paid to the transactions.

Article 3 (Conclusion of Procedures)

The registration, recruiting of Supporters, decision of support and value of support money, withdrawal, input of assessment, communications between Members and other procedures processed by a Member via the Internet connection shall come into effect when the data relating to such procedures is transmitted to the Company’s server and the contents of such procedures are reflected in the Company’s system, provided that the amount of settlement may differ from the amount displayed at the time of application due to the exchange fluctuation based on the exchange rate and exchange date of a third-party settlement service used by the Company or a credit card company used by the Member.

Article 4 (Registration of Member)

  1. The Applicant, who is a party desiring to be a Member, shall apply for the membership registration in a manner provided by the Company.
  2. The Company shall register such Applicant as a Member when it approves the application for registration prescribed in the preceding paragraph.
  3. The Company may opt not to approve the application for registration prescribed in paragraph 1 of this Article if any one of the situations stated below applies.
    1. 1 )The Applicant proves to have been deregistered or otherwise penalized due to a violation of the Terms of Use in the past.
    2. 2 )The application contains a misrepresentation.
    3. 3 )A mail or parcel does not arrive at an address registered at the time of application by the Applicant.
    4. 4 )The Applicant once failed to pay its debt to the Company.
    5. 5 )The Applicant was engaged in any act that prevents or inhibits, or in the Company’s opinion may prevent or inhibit, the Company from operating or providing the Service or other Members from using it.
    6. 6 )Otherwise the Company considers it inappropriate to approve the application for registration.

Article 5 (Announcement of Project and Conditions for the Project Owner)

  1. After having agreed to the procedures provided by the Company and the “Guideline for the Project Owner,” the Project Owner shall announce and post the Project in a manner provided by the Company with an aim to conclude the recruiting conditions.
  2. The Project Owner shall decide the contents of the Project and the contents to be posted at its own responsibility.
  3. When the Project is concluded, the Return to the Supporter shall be determined and transported at the responsibility and cost of the Project Owner.
  4. The Company shall not make any judgmental decision for the method of transporting the Return between multiple countries, the cost sharing and whether or not the Return can be imported or exported. The Project Owner shall decide how to run the Project at its own discretion.
  5. It shall be agreed in advance that, if the Supporter lives outside Japan, there will be a special cost to send the Return and there will be an exchange risk for payment and refund of the Support Fund.

Article 6 (Support to the Project)

  1. A person who desires to support the Project shall decide a support in a manner provided by the Company. Anyone who, in the Company’s opinion, has no intention to support or accesses for a joke shall be rejected.
  2. If the Company cannot confirm the arrival (or write) of data regarding the value of support money or action data regarding a decision of support at the server controlled by the Company within the period of supportable project designated by the Company (hereinafter referred to as the “Project Period”), the support to the Project shall not be deemed to have existed. Be sure to check the Project Period indicated through the Service before making a decision to support.
  3. The Company shall not make any judgmental decision on whether or not any aspect of the Project, including the method of transporting the Return of the Project to the Supporter living outside Japan, the cost sharing and whether or not the Return can be imported or exported, infringes the regulations, laws or ordinances in the region where the Supporter lives. The Supporter shall decide to support or not to support the Project at its own discretion.
  4. Regarding the Project for the Supporter living outside Japan, the Supporter shall decide a support and pay the Support Fund in a manner provided by the Company. (The payment shall be accepted in Japanese yen only. Kindly be advised that the amount of settlement may differ from the amount quoted when making a decision to support due to the exchange fluctuation based on the exchange rate and exchange date of a credit card company used by the Member.) Kindly be advised that the Support Fund includes the consideration for the Return, cost for overseas money transfer procedures, international delivery charge and other expenses necessary for procedures.
  5. Kindly be advised that some of the Return may not be transported to the Supporter living outside Japan due to ordinance, law, customs duty or any other reason. Also, since the transportation of the Return sometimes may not be completed until or unless the Supporter to the Project pays tax and other charges, be sure to check in advance the procedures necessary for import from overseas and take the necessary procedures. * URL of Japan Post http://www.post.japanpost.jp/cgi-kokusai/p05-00.htm * URL of JETRO http://www.jetro.go.jp/indexj.html Ex. Regulations on items exported to the U.S. http://www.jetro.go.jp/world/n_america/us/trade_02/#block6
  6. Regarding the Project for the Supporter living outside Japan, kindly be advised that there is a risk of exchange fluctuation when deciding to support the Project, sending back the Return or refunding the Support Fund and at any other stage.

Article 7 (Conclusion of Project)

  1. Even within the Project Period, a sales agreement shall be concluded between the Supporter and the Project Owner at the time when the Project is concluded. The time when the Project is concluded is separately shown in each Project page, so be sure to check it.
  2. Between commencement and conclusion of the Project and after its conclusion, the Project shall not be discontinued due to withdrawal of the Supporter or by the Project Owner.
  3. After conclusion of the Project, the Supporter shall pay the fund for support, consumption tax and other charges in a manner provided by the Company. The Payment shall be made in a manner separately designated and, in the case of non-payment by a designated due date, the Company or the Project Owner may freely cancel the support.
  4. Any trouble which may take place between the Project Owner and the Supporter in connection with the Return shall be settled between both parties and the Company shall not assume any liability for that, except if the Company considers it necessary to do so due to any trouble arising out of a settlement problem due to a system failure or similarity.
  5. The Company shall not make any judgmental decision for the method of transporting the Project to the Supporter living outside Japan, the cost sharing, whether or not the Return can be imported or exported and so on. The Project Owner and the Supporter shall decide whether or not to run the Project or to support the Project at their respective discretion.

Article 8 (Change of Registered Information and Control of Certified Information)

  1. The Member shall control the Certified Information at its own responsibility and cost and shall not allow a third party to use it nor loan, assign, sell, buy, pledge, publicize or otherwise handle it.
  2. The Member shall assume liability for damage from leakage, erroneous use, third party’s use, unauthorized access, etc. of or to the Certified Information due to its insufficient control and the Company shall not assume any liability for that. Should any damage be incurred by the Company due to unauthorized use of the Certified Information, the Member shall compensate for such damage.
  3. If the Registered Information is changed or if the Certified Information is known to a third party or is suspected to have been used by a third party, the Member shall immediately notify the Company to that effect in a manner prescribed in the Terms of Use and provided by the Company and shall follow instructions of the Company, if any.
  4. If the Member suffers loss, such as non-use of the Member Service, due to a failure to notify under the preceding paragraph, the Company shall not assume any liability for that.
  5. If the Member fails to notify the company of the issue under paragraph 3 above, the Company may consider such Member to have withdrawn.

Article 9 (Payment of Fund)

When the Project is concluded, the Project Owner shall owe the Project support sales commission equal to 20% of the Support Fund to the Company. Such commission (including bank transfer charge) shall be deducted from the amount payable by the Company to the Project Owner. Payment of Support Fund by the Supporter shall be made in a manner separately provided by the Company.

After conclusion of the Project, no commission shall be refunded even in the case of refund of money, sending back of the Return or the like.

For overseas Projects, kindly be advised that the settlement charge may be incurred separately from the sales commission in a manner provided by the Company.

Article 10 (Payment by the Supporter and Receipt of Money by the Project Owner)

The Company shall receive, on behalf of the Project Owner, the Support Fund paid by the Supporter under the sales agreement between the Project Owner and the Supporter. The Supporter shall be deemed to have completed the reimbursement of debt owed to the Project Owner by completing the payment to the Company in a manner provided by the Company.

The fund for support to the Project shall be paid by the Company to the Project Owner after deduction of the procedural costs, including the sales commission and the settlement charge, in accordance with paragraph 1 of the preceding Article (hereinafter referred to as the “Disbursement”). The date of Disbursement shall be the third business day (or, if such day falls on Saturday, Sunday or national holiday, the following business day) of a month which contains the date when the Project Period for the concluded Project ends or, if no Project Period is specified, of a month after the next to each month.

Article 11 (Cooperation with Partner Media)

The Company may cooperate with the partner media by means of mutual link or in any other method.

The Member who comes to know the Service via the partner media shall acknowledge that the partner media and the Service are different services and shall be registered as the Member after having agreed to the Terms of Use, etc. for the Service which is different from those for the partner media.

The Member who comes to know the partner media via the Service shall acknowledge that the partner media and the Service are different services and shall use the partner media in a manner provided by the partner media after having agreed to the terms of use for the partner media which are different from those for the Service.

The Company shall not assume any liability to the Member prescribed in paragraphs 2 and 3 for the information supplied by the partner media and the use of the partner media.

Article 12 (Handling of the Registered Information, Personal Information, etc.)

  1. The Company may use the Registered Information registered by the Member with the Company, including the Personal Information, such as the name, telephone number, address, e-mail address, date of birth, gender, credit card information, information on the account with financial institutions, history of the responsible persons for the Project and the Supporter, for the purposes prescribed below.
    1. 1 )Use to the extent necessary to provide the Service, including the support to the Company and the Project, solicitation of support, dispatch of deliverables, identification, etc.
    2. 2 )Advertisement or publicity of the Company and the Project or third party (including sending direct mails and e-mails)
    3. 3 )Questionnaire and analysis for quality control of the Service
    4. 4 )After-sale care and response to inquiries for the Service
    5. 5 )Communications for matters relating to the operation of the Service and the provision of information about additional services, etc.
    6. 6 )Maintenance of system in the Service and response to a failure
  2. The Company shall not disclose to any third party other than the same Member as the Registered Information registered by the Member with the Company, including the Personal Information, such as the name, telephone number, address, e-mail address, date of birth, gender, credit card information and history of the purchase of the Project, and shall not use the same beyond the extent necessary to provide the Service, except if:
    1. 1 )the Member agrees to the disclosure or use;
    2. 2 )the disclosure or use is necessary to dispatch the deliverables of the Project or provide the Service;
    3. 3 )the disclosure or use is necessary to collect money (including by credit card, etc.);
    4. 4 )the disclosure or use is necessary for the Company to exercise its rights regarding the Service;
    5. 5 )the information is disclosed to a successor to the business in the case of succession of business due to a merger, business assignment or any other reason; or
    6. 6 )the disclosure or use is permitted by the Personal Information Protection Act or any other laws.
  3. The Company shall handle the Registered Information and the Personal Information in accordance with its Privacy Policy.
  4. The Member hereby agrees that the Company may use the Registered Information and the Personal Information in accordance with the provisions of this Article.
  5. The Member may request its Personal Information registered for the Service to be disclosed, deleted, corrected and suspended from use and the Company shall promptly respond to the request only if it can confirm that the request was made by the same Member. In this respect, the contact of the Company for the Service shall be as follows.

Makuake, Inc.

support@makuake.co.jp

Article 13 (Handling of Cookie Information)

The Company shall use the cookie information for the purposes stated below.

  1. 1 )Provision of a smooth login environment
  2. 2 )Display of contents and advertisements considered by the Company to be useful to the Member
  3. 3 )Analysis of the Member’s trends and the plan and supply of better services

Article 14 (Intellectual Property Right, etc.)

  1. Any and all rights (including without limitation the ownership, intellectual property rights, portrait right and publicity right) to the materials composing the Service (i.e. texts, photos, images, voices and the like and these being hereinafter collectively referred to as the “Contents Materials”) shall belong to the Company or third-party owner of such rights (including without limitation the Project Owner), provided that it is hereby agreed that the information about the Project posted by the Project Owner (including without limitation the texts, illustrations, photos, etc.) may be used by the Company freely for the purpose of advertising, publicizing and featuring the Service.
  2. The Member shall not obtain any right for the Contents Materials and shall not be engaged in any act that infringes any right to the Contents Materials, including without limitation the ownership, all intellectual property rights including copyright, portrait right and publicity right, without permission of a right owner.
  3. If any problem takes place due to a violation of provisions of this Article, the Member shall settle such problem with its own cost and responsibility and in no event shall trouble or damage the Company.

Article 15 (Prohibitions and Withdrawal)

  1. In using the Service, the Member shall not be engaged in any of the acts which are stated below or any act which may cause any of the situations stated below.
    1. 1 )Posting any expression prohibited in the Guideline for the Project Owner or any description of the Project (including posting of images and texts in an activity report)
    2. 2 )Act to infringe the legitimate right of the Company or third party, including without limitation the ownership, all intellectual property rights including copyright, portrait right and publicity right
    3. 3 )Act to disadvantage or damage another Member or the Company or third party
    4. 4 )Act against the public order and good moral
    5. 5 )Act against the laws, ordinances and the Terms of Use
    6. 6 )Act intended for commercial gain in relation to the Service which is not approved by the Company
    7. 7 )Act to prevent the operation of the Service
    8. 8 )Act to use the Service for a commercial purpose outside the scope of the Service
    9. 9 )Act to discredit or disrepute the Service
    10. 10)Act to register false information
    11. 11)Act to use the Service illegally
    12. 12)Any other act considered by the Company to be inappropriate
  2. In using the Service, the Member shall not post or send a message containing any of the following items or containing an expression or description to which any of the following items applies. If the Company considers that the Member posted or sent the contents to which any of the following items of this paragraph applies , the Company may immediately stop the use of the Service, delete the contents posted or take any other measures.
    1. 1 )Personal Information with no approval of the person (except the information publicly known about a notability)
    2. 2 )A pornographic image or motion picture or any other contents related to a pornographic website (including without limitation illustrations and pictures)
    3. 3 )Contents that defame, slander or insult others or that dishonor or discredit others
    4. 4 )Expression or contents which infringe or may infringe the laws or which is or may be interpreted to be inappropriate according to the social norm
    5. 5 )Other expressions or contents considered by the Company to be inappropriate
  3. In the event of violation of the prohibitions prescribed in the preceding two paragraphs, the Company may withdraw the violating Member. If any of the prohibitions prescribed in this Article is violated whereby the Company incurs any damage, the Member must compensate for the damage incurred by the Company.
  4. Notwithstanding the provisions of paragraphs 1 and 2 of this Article, the Member may withdraw voluntarily if it desires to do so by taking the procedures provided by the Company.

Article 16 (Discontinuation of the Service)

The Company may suspend the Service, in whole or in part, as a result of any of the reasons stated below and shall not assume any liability for any damage which may be incurred by the Member or third party arising out of such reason.

  1. 1 )Regular or emergent maintenance or inspection of the computer system intended to provide the Service
  2. 2 )Inability to operate the Service due to a fire, electric failure, act of the God or any other emergency
  3. 3 )Inability to operate the Service due to a war, civil commotion, riot, disturbance, labor dispute or the like
  4. 4 )Inability to provide the Service due to a failure of, unauthorized access by a third party to, or infection by computer virus of the computer system intended to provide the Service or other similar reasons
  5. 5 )Inability to provide the Service due to the measures taken according to the laws and ordinances
  6. 6 )Other cases where the Company considers it unavoidable to suspend the Service
  7. 7 )In the case of suspension of operation of the Service according to the preceding paragraph, the Company shall notify the Member and third party to that effect in advance by e-mail, on the Service site or by any other means, except for emergencies.

Article 17 (Change and Abolition of the Service)

The Company may change, add or delete the contents, functions, use fee, etc. of the Service.

The Company may abolish the Service at any time at its own discretion.

To change or abolish any contents, functions, use fee, etc. of the Service or to abolish the Service, the Company shall exert efforts to notify the Member to that effect in advance by e-mail, on the Service site or by any other means.

Article 18 (Disclaimer)

  1. The Company shall not assume any liability for any damage which may occur or may be induced in relation to the provision of the information pertaining to the contents of the Service, the outcome obtained from the use of information, the legality, morality, license of rights or accuracy of the information itself and all contracts including a sales agreement between the Project Owner and the Supporter.
  2. The Company shall not assume any obligation to compensate for any damage arising out of the late delivery or non-delivery of e-mail due to a failure of the computer system intended to provide the Service or an erroneous indication on the Service page (including the erroneous indication of price and quantity) or any other reason and shall not assume any obligation to fulfill the sales agreement in accordance with the erroneous indication.
  3. The Company shall not assume any obligation to compensate for damage arising out of the environment, etc. of the computer, connection, software, etc. used by the Member. The Company may notify the Member about such environment, etc. in a manner separately designated.
  4. Regarding the Internet connection of the Member, the Company partially restricts the access from overseas. Please make sure that you can connect to the Internet before use. Also, should the use of the Service site be prevented during the transaction for the Service due to an overseas trip of one Member which makes the Service site inaccessible or due to non-conclusion of sales or any other trouble between the Members, the Company shall not assume any liability for that.
  5. The Company shall not assume obligation to compensate for damage arising out of the suspension or discontinuation of the Service or the change in contents of the Service, provided that, if the Service falls under the “Consumer Agreement” prescribed in the Consumer Contract Act, etc. and the damage incurred by a user arises out of a default or misconduct of the Company , the Company shall assume liability to compensate to the extent of ordinary damage directly incurred by the user.
  6. The Company shall not assume any obligation to compensate for damage of the computer, connection, software, etc. arising out of the Service, the download from the Service site of a third party, including the partner media and an advertiser, the infection by computer virus or any other reason.
  7. The Company shall not assume any liability for a transaction made between a third party and the Member through the Service. All transactions shall be made at the responsibilities of such third party and the Member.
  8. The Company shall not assume any liability for a delay, change, suspension, discontinuation or abolition of the Service or for a loss of information, etc. supplied through the Service or any other damage arising in connection with the Service.
  9. The Company shall not assume any liability for any trouble which may occur between the Member and a third party (i.e. suggestion of an illegal act or act against the public order and good moral, defamation, insult, infringement of privacy, threat, defame and slander, harassment, etc.) with respect to the Service supplied by the Company.
  10. The paragraphs of this Article shall not apply to any damage arising out of a willful act or material negligence of the Company.

Article 19 (Revision of the Terms of Use)

  1. The Company may revise the Terms of Use at any time.
  2. When the Company intends to revise the Terms of Use, it shall notify the Member from time to time by e-mail, on the Service site “Makuake https://www.makuake.com/” relating to the Service or by any other means. The terms of use posted on https://www.makuake.com/ shall be the current effective terms of use of the Service. Be sure to confirm the same before use of the Service.
  3. If the Member does not withdraw or uses the Service within the period designated by the Company (or, if not designated, one week) from the date when the revised Terms of Use are notified in accordance with the preceding paragraph, such Member shall be deemed to have agreed to the revised Terms of Use, which shall come into effect between such Member and the Company.
  4. The Member shall not assert that it has not acknowledged nor approved the revised Terms of Use when and after the same came into effect in accordance with the preceding paragraph.

Article 20 (Consultation; Jurisdiction)

  1. Any doubtful matter or trouble which may occur between the Member, the Company and a third party in connection with the Service shall be consulted in good faith each time for settlement.
  2. Any doubtful matter or trouble which is not settled after consultation prescribed in the preceding paragraph shall be submitted to the agreed-upon exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court for the first instance.

Article 21 (Governing Law)

The Terms of Use shall be interpreted in accordance with the laws of Japan.

Established on October 25, 2013

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