Tokyo Art Beat Terms of Service
Tokyo Art Beat ("TAB") is an online service and smartphone application operated by Art Beat, Inc. (“we” or “our” or “us”), consisting of web-based information services and content.
Use of TAB is subject to the following terms of service, and any other rules or regulations we may establish from time to time (collectively, these "Terms"). Users, registered users, or visitors (meaning individual, not including a company or entity basis, collectively, "you") shall understand and agree to be bound by these Terms by using TAB.
1. SUBSCRIPTION
1.1. You may use any of the features listed on the Paid functions page by applying for the paid functions and paying the prescribed subscription fee by the method designated by us.
1.2. Please note that no cancellation or refund will be accepted for any reason by you after you have applied for paid functions and paid the subscription fee. In the case of a monthly subscription, even if you cancel the membership in the middle of the month, you will be charged for that month's subscription fee.
1.3. If you wish to use TAB's paid functions through TAB's in-app purchases, you are responsible for contracting and terminating your subscription on your initiative by visiting the AppStore or Google Play Store.
[Reference Information 1] https://support.apple.com/ja-jp/HT202039
[Reference information 2] https://support.google.com/googleplay/answer/7018481?hl=ja
1.4. If you use TAB's paid functions through the TAB website, you are solely responsible for the subscription and cancellation of your subscription through My Page.
[Subscription Plan] https://www.tokyoartbeat.com/mypage/en/subscription (*Login required)
2. USE BY MINORS ETC.
2.1. If you are a minor or a person of limited capacity ("minor etc."), you must obtain the comprehensive consent of a person with parental authority or another authorized person before using TAB.
2.2. If a minor etc. uses TAB without the consent of their legal guardian, falsely states that they are of legal age, or otherwise misleads others into believing that they are of legal capacity, you may not revoke any legal act related to TAB.
2.3. If you are a minor and use TAB after reaching the age of majority, you are deemed to have ratified all legal acts related to TAB.
3. ID AND PASSWORD
3.1. You shall be responsible for keeping your ID and password in a safe place and shall change them periodically or otherwise manage them appropriately to prevent others from knowing them. In addition, you shall not lend, transfer, change the name of, sell or allow a third party to use your ID and password.
3.2. When we confirm that the entered ID and password match the registered information by the method prescribed by us, we consider that you have used the service. However, this shall not apply when a third party uses your ID and password due to our willful misconduct, negligence, or leakage of the ID and password from us.
3.3. If you discover that your ID or password has been stolen or misused, you shall immediately notify us of this fact and follow our instructions.
4. SCOPE OF LIABILITY
If you suffer damages due to our negligence in connection with the use of TAB, we will compensate you for the direct damages up to the amount of the annual subscription fee for the paid functions. However, this does not apply to damages caused by our willful misconduct or gross negligence.
5. WITHDRAWAL PROCEDURES
When you wish to withdraw from TAB, you may do so by applying to us for withdrawal. In addition, you shall answer questions for identification and consent to the destruction of various data retained by us during the withdrawal procedure. You shall cancel the paid functions on your own before the withdrawal procedure.
6. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
All copyrights, intellectual property rights, and other proprietary rights in TAB are reserved by us or third parties. We expressly prohibit you from using the content of TAB (including images, text, and other elements) on TAB, except by the requirements of the rights holders.
7. QUALITY AND CONTINUITY
Your use of TAB is at your risk. We do not guarantee that TAB will operate uninterrupted or error-free, nor do we guarantee the results obtained from the use of TAB or the accuracy, reliability, or content of any information, service, or product offered through TAB.
8. FEEDBACK
If you provide us with comments, suggestions, or feedback regarding TAB, you agree that we are free to use, disclose, reproduce, license, or otherwise exploit such comments, suggestions, or feedback as we see fit, without any obligation or restriction whatsoever.
9. PROHIBITIONS
9.1. You shall not use TAB for any of the following acts:
(a) Violation of the provisions of these Terms.
(b) Registering false information with TAB.
(c) Unauthorized alteration, deletion, or attempted alteration of information related to TAB.
(d) The act of creating multiple accounts by the same person.
(e) Opening or attempting to open an account with another person's email address, or reporting false information to us.
(f) Unauthorized access to or use of the TAB system.
(g) Posting or transmitting harmful computer programs to TAB.
(h) Using another person's ID or password, or allowing a third party to use your ID and password.
(i) Interfering with the operation of TAB.
(j) Antisocial activities that violate or may violate laws and regulations, public order, and morals.
(k) Any act that infringes on the confidentiality of communications, property, privacy, portrait rights, honor, or reputation of a third party or us, or that defames or slanders the same.
(l) Any act that infringes or may infringe upon the intellectual property rights, such as copyrights or trademarks, of a third party or us, including but not limited to the unauthorized downloading, alteration, or overwriting of text, images, or other content on TAB.
(m) Any act that discredits TAB or us.
(n) In addition to the preceding items, any other acts that we deem inappropriate based on reasonable grounds.
9.2. If you violate the preceding paragraph, we may prohibit you from using TAB, terminate your membership, or take any other necessary action. As a result of such action, you may not use TAB or other related services.
10. LINK TO OTHER SITE
When you leave TAB's servers and move to another website (you can check your location by referring to your browser's location bar), you will be redirected to the TAB website. The information you provide will be handled under that site's privacy policy and other terms and conditions. If you cannot find the privacy policy of a site through a link on its home page, you should contact that site directly.
11. THIRD-PARTY SERVICES
11.1. We will not be liable for the content of third-party websites (the "Third Party Websites") and applications (the "Third Party Applications"). If you use the Third Party Websites or the Third Party Applications, you shall review and agree to the terms and conditions of the Third Party Websites or the Third Party Applications, including, but not limited to, its terms of use and privacy policy.
11.2. TAB uses YouTube for some of its content. By using YouTube, you agree to YouTube's Terms of Use (https://www.youtube.com/t/terms).
11.3. The Third Party Websites and the Third Party Applications are not under our control and we will not be liable for the Third Party Websites or the Third Party Applications. You use the Third Party Websites and the Third Party Applications at your risk.
12. FORCE MAJEURE
Except as expressly provided otherwise in these Terms, we will not be liable for any loss or damage arising out of or in connection with natural disasters or other force majeure events, including but not limited to outbreaks of infectious diseases or the implementation of countermeasures against infectious diseases, or the closure of TAB in response to a request from the government or local government, line congestion, equipment failure, maintenance shutdown, falsification or leakage of information by a third party.
13. EXCLUSION OF ANTISOCIAL FORCES
13.1. Representations and Warranties.
You represent that you do not currently fall under criminal organizations, criminal organization members, persons who ceased to be criminal organization members less than five years ago, criminal organization quasi-members, enterprises affiliated with criminal organizations, corporate extortionists (sōkaiya) or the like, social campaign advocacy racketeers (shakai-undō-tō-hyōbō-goro), criminal organizations with special intelligence, or other persons equivalent to any of the foregoing (collectively, the “Antisocial Forces”), and shall not fall under any of the following, and will not fall under any of the foregoing in the future:
13.1.1. Having a relationship with a group whose management can be deemed to be under the control of or substantially involved with the Antisocial Forces, or a relationship with any other equivalent person;
13.1.2. Having a relationship that can be deemed to constitute improper utilization of the Antisocial Forces for obtaining illicit gains for oneself or third parties, or causing damage to third parties, etc.;
13.1.3. Having a relationship that can be deemed to constitute involvement with the Antisocial Forces, such as by providing funds or granting conveniences thereto; or
13.1.4. If an officer or person substantially involved in management has a socially objectionable relationship with the Antisocial Forces.
13.2. Prohibited Activities.
You shall not engage in conduct falling under any of the following items, either directly or through a third party:
13.2.1. Making violent demands;
13.2.2. Making improper demands beyond legal liability;
13.2.3. Engaging in threatening speech or conduct or using violence in connection with a transaction;
13.2.4. Spreading rumors or using fraudulent means or force to damage the reputation or obstruct the business of a counterparty; or
13.2.5. Other conduct equivalent to the foregoing.
14. NO ASSIGNMENT, ETC.
14.1. You shall not assign, transfer, grant a security interest in, or otherwise dispose of your rights or obligations under these Terms (including any separate contractual relationship between us and you for the use of TAB, collectively, the “Contractual Relationship”).
14.2. If we transfer the business of TAB to a third party, we may transfer the Contractual Relationship, your registration, and other customer information (including personal information received by us) to the transferee of such business transfer, and you hereby consent to such transfer in advance. The business transfer in this paragraph includes not only ordinary business transfers but also corporate splits and any other cases in which a business is transferred.
15. SUSPENSION ETC. OF SERVICE
We may suspend or discontinue the service of TAB, in whole or in part, without prior notice to you, in any of the following:
15.1. for urgent inspection or maintenance of TAB system or any other of our systems;
15.2. system, computer or telecommunication failure, malfunction, excessive concentration of access, unauthorized access, hacking, or any other cause that makes TAB impossible to operate;
15.3. due to force majeure such as earthquakes, lightning, fire, windstorms, floods, power outages, or natural disasters (including outbreaks of infectious diseases, implementation of measures related to infectious diseases, or when we are required by the government or local government to close its offices, etc.), TAB is unable to operate; or
15.4. when we deem it necessary to suspend or discontinue TAB.
16. ADDITION/MODIFICATION OF FUNCTIONS
We may make additional changes to the content and functionality of TAB at our discretion.
17. CHANGE OF TERMS
17.1. We may change these Terms from time to time.
17.2. We may change these Terms by notifying you of the effective date and the details of the change if such change is for your general interest.
17.3. In the event of a change of these Terms that is detrimental to you, we will notify you in advance of the effective date and details of the change with a reasonable period of advance notice.
17.4. By using TAB after the change of these Terms, you agree to be bound by all the terms and conditions of the updated Terms. If you do not agree to the updated Terms, you may not use TAB.
18. SEVERABILITY
If any provision of these Terms or any part of a provision has been deemed invalid or unenforceable under the Consumer Contract Act or other applicable laws, regulations, or the like, the remaining provisions of these Terms or remaining parts of any provisions deemed partially invalid or unenforceable shall remain in full effect.
19. GOVERNING LAW
These Terms and the relationship between you and us shall be governed by the laws of Japan without regard to conflicts of law principles that would result in the application of the substantive laws of another jurisdiction.
20. JURISDICTION
All disputes arising out of or relating to these Terms or the use of TAB shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
21. LANGUAGE
The Japanese version of these Terms shall be the official version, and in the case of any discrepancy between the Japanese version and these Terms in any other language, the Japanese version will prevail.
Effective as of: November 14, 2004
Updated: January 14, 2017
Updated: September 30, 2020
Updated: January 15, 2021
Updated: January 31, 2023
Last Updated: March 6, 2024