Terms of Use

• Article 1 (General Provisions)

  This Agreement sets forth the contractual relationship (hereinafter referred to as the "Agreement") between Marui Orimono Co., Ltd (hereinafter referred to as the "First Party") and the person who has applied to sell products on the EC site [Up-T] operated by the First Party (hereinafter referred to as the "Second Party").

• Article 2 (Application)

  • If you wish to sell products designed by you (hereinafter referred to as "the Products") on the EC site operated by KT, you must apply for the Products in the manner prescribed by KT.
  • By making the application in the preceding paragraph, Paygate shall be deemed to have authorized KT to sell the product designed by Paygate.
  • The LICENSEE may, at its own discretion, freely change the specifications of the framework color and design in the preceding paragraph, if such change is unavoidable for the production of the product.
  • The LICENSEE may contact the SUPPLIER by e-mail or other means as necessary.

• Article 3 (Assignment of Rights, etc.)

  Paygate may not assign, sublease, encumber, or otherwise dispose of any rights under this Agreement in any form.

• Article 4 (Sales and Payment)

  • In conducting sales, the LICENSEE shall comply with the Installment Sales Law, the Act Against Unjustifiable Premiums and Misleading Representations, the Act on Specified Commercial Transactions, and other related laws and regulations.
  • In the event that Second Party has a dispute with a third party concerning intellectual property rights, such as copyrights and trademarks, or personal rights, etc., in connection with the design used by Second Party for the Product, Second Party shall settle such dispute at its own responsibility and expense. In the event that the First Party is forced to pay compensation for damages to a customer or other third party, the Second Party shall pay the full amount of such compensation to the First Party, and shall also pay to the First Party any and all legal fees and other expenses incurred in the resolution of such disputes.
  • The first party pays the prescribed sales amount to the second party as sales proceeds, payable at the end of the month and at the end of the following month. If the amount is less than 3000 yen at the time of payment, it will be carried over to the next month.

• Article 5 (Copyrights, etc.)

  • (2) The copyright of the design of the Second Party shall be guaranteed to be held by the Second Party.
  • When using a design for which a third party other than JQA holds the copyright, JQA must obtain prior consent from said third party for the use of said copyrighted work by the First Party and JQA.
  • Second Party agrees that Second Party shall not use Second Party's copyrighted works for the purpose of advertising, publicity, or promotion of the Web Service operated by First Party, including, but not limited to, publication in newspapers, magazines, websites, TV programs, packaged media, SNS, and other media without compensation, or use of such works for the Web Service that First Party judges to be beneficial to the Web Service. (This includes the right to reproduce, quote, distribute, display, distribute, translate (adapt), modify, publish, etc.) (including all rights to reproduce, quote, distribute, exhibit, distribute, translate (adapt), modify, publish, etc.).
  • If Paygate is the secondary seller (secondary creator), the copyright belongs to the primary seller. However, the primary seller cannot independently use, misappropriate, or sell the secondary seller's design.
  • As for the items that Paygate has authorized to be sold in the market, First Party may sell them to Rakuten and other malls on behalf of Paygate.

• Article 6 (Outsourcing)

  • LICENSEE may outsource all or part of its services to a third party at its own responsibility.
  • In the case of the preceding paragraph, the LICENSEE shall ensure that the relevant third party manages the customer information and complies with the Terms and Conditions, etc., and shall be liable for any acts by the relevant third party.

• Article 7 (Term of Contract)

  The term of validity of this agreement shall be twelve (12) months from the date of the agreement. However, the term shall be extended for another 12 months unless either party intends to terminate the contract in writing at least one month prior to the expiration of the term.

• Article 8 (Customer Information)

  • LICENSEE shall strictly manage customer information, and shall not leak, disclose, or provide customer information to any third party (except for third parties as described in Article 6-1), whether with or without compensation, without the consent of the relevant customer. In using customer information, Kou shall take into consideration the privacy of the customer.
  • Paygate may not use any customer information under the control of the First Party during and after the termination of this Agreement.

• Article 9 (Duty of Confidentiality)

  Neither the First Party nor Second Party shall divulge, disclose, or provide to any third party any information obtained in connection with this Agreement or this contract, or any other matters that should belong to the other party's confidentiality, during or after the term of this contract. However, this shall not apply if the other party's prior written consent has been obtained.

• Article 10 (Cancellation or Termination by the First Party)

  • The First Party may terminate this Agreement and all agreements with the Second Party immediately without notice or other procedures if the Second Party falls under any of the following eventsul>
  • When you violate these Terms and Conditions
  • When payment of a debt is delayed
  • When a petition for seizure, provisional seizure, provisional disposition, or other compulsory execution or disposition for delinquency is filed
  • When a petition for bankruptcy, civil rehabilitation, corporate reorganization, corporate liquidation, or special liquidation is filed
  • (iii) In addition to the preceding three items, when there is a material change in the credit standing of Paygate.
  • When the LICENSEE cannot be contacted.
  • When the company is dissolved or ceases to operate
  • When we receive a warning or recommendation from administrative authorities regarding our sales methods, products handled, or other business operations.
  • (iii) When the sales method, products handled, or other business operations are deemed offensive to public order and morals or inappropriate by KT.
  • If the LICENSEE determines that there is a reason equivalent to any of the items in this paragraph.
  • In any other cases where the First Party judges that it is difficult to continue the system contract with the Second Party
• The LICENSEE and JQA may terminate this Agreement for any reason by giving one month's prior written notice to the other party.
• In the event this Agreement is terminated in accordance with Paragraphs 1 and 2, the LICENSEE shall not be liable to the SUPPLIER for any costs incurred, lost profits, or other damages incurred by the SUPPLIER.
• The First Party shall terminate the Second Party's membership and delete the information within 30 days.

Article 11 Prohibited Items at the Time of Sale

In using this site, the Vendor agrees not to do any of the following

• Upload, download, post, or email any content that is illegal, harmful, threatening, abusive, vulgar, abusive, defamatory, obscene, pornographic, vulgar, profane, provocative, libelous, illegal, hateful, or racially, ethnically, socially, politically, legally, ethically, or religiously objectionable or otherwise objectionable, or that violates the rights of others, including, without limitation, rights of publicity, privacy, and intellectual property Upload, download, post, or email any content that violates the rights of others, including, but not limited to, rights of publicity, privacy, and intellectual property.
• Impersonating another person or entity, falsifying affiliation with a person or entity, or misrepresenting facts.
• Upload, download, post, email, or otherwise transmit any content that may infringe upon any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of another party. Basically, only original works created by you as your own original work may be exhibited. This means that you may not use images of celebrities, corporate works, or any images, text, or designs copied from websites without permission from the owner, including derivative works.
• Uploading, downloading, posting, emailing, or otherwise transmitting content that constitutes or encourages criminal or illegal activity, infringes on the rights of other parties, creates legal liability, or otherwise violates Japanese law, local government ordinances, or international law.
• Using our services to harm minors in any way, including but not limited to uploading content that violates laws against child pornography, child sexual abuse, and depictions of sexual acts of minors.
• Upload content that may be considered to condone or encourage risky behavior that could result in physical, emotional, or moral harm to children. Upload, download, post, email or otherwise transmit unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or other forms of solicitation.
• Upload, download, post, email, or otherwise transmit any software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Upload, download, post, email, or otherwise transmit false or misleading information.
• Incorporate images or names that violate the privacy or portrait rights of individuals.
• Copying, falsifying, or distributing any rights or content from the Site, Services, Tools, or Up-T's copyrights and trademarks. Obtain or collect information, including email addresses, from users without their consent.

Article 12 (Governing Law, Agreed Jurisdiction)

This Agreement shall be interpreted in accordance with the laws of Japan, and in the event that litigation becomes necessary between the First Party and the Second Party, the Kanazawa District Court shall have exclusive jurisdiction in the first instance.