japan ART EX Terms of Use

Article 1 (Application)

1. These Terms apply to the conditions under which the Service is provided and to all rights and obligations between the Company and Users arising from or in connection with the use of the Service.
2. Any guidelines, notices, terms applicable to individual programs, and other rules posted by the Company on the Service (collectively, the “Individual Provisions”) form part of these Terms.
3. If any provision of these Terms conflicts with an Individual Provision, the Individual Provision will prevail unless otherwise specified therein.

Article 2 (Formation of the Service Agreement)

1. A service agreement incorporating these Terms is formed between a User and the Company when the User agrees to these Terms and begins using the Service.
2. For features that require account registration, an agreement governing the use of those features is formed when the User applies for registration in the manner prescribed by the Company and the Company approves the application.
3. A person who does not agree to these Terms may not use the Service.

Article 3 (Accounts)

1. Users must provide true, accurate, and current information when registering an account.
2. If any registered information changes, the User must promptly update it in the manner prescribed by the Company.
3. Users are responsible for properly managing their login credentials and the devices used to access the Service. Users must not permit any third party to use them or lend, transfer, sell, purchase, or pledge them as security.
4. The Company will not be liable for any loss or damage arising from inadequate management of login credentials, user error, or use by a third party, except where such loss or damage is caused by the Company’s willful misconduct or gross negligence.

Article 4 (Use by Minors)

1. A minor may use the Service only with the consent of a parent, guardian, or other legal representative.
2. If a minor uses the Service after falsely representing that such consent has been obtained, or otherwise uses deception to induce the Company to believe that the minor has full legal capacity, the minor may be unable to rescind the relevant legal acts.

Article 5 (Use of the Service)

1. The basic features of the Service are provided free of charge. Any individual service expressly identified by the Company as a paid service will be subject to separate terms specified by the Company.
2. Users are responsible, at their own expense, for obtaining and maintaining the devices, communications equipment, software, internet connection, and other resources required to use the Service. Users are also responsible for all data, connection, and other related charges.
3. Users must comply with all laws and regulations applicable in the jurisdiction where they use the Service, as well as these Terms and the Individual Provisions.
4. Certain features of the Service may require permission to access location data, the camera, notifications, or other device functions. If the required permission is not granted, some or all of those features may be unavailable.

Article 6 (Information on Events, Venues, Shops, and Other Matters)

1. Information available through the Service concerning art fairs, art festivals, exhibitions, artworks, artists, venues, shops, transportation, opening hours, closure dates, fees, and other matters (“Event Information”) may include information supplied by event organizers, venues, shops, and other third parties.
2. The Company does not warrant that Event Information is accurate, complete, current, useful, or fit for any particular purpose. Before visiting or using any event, venue, or shop, Users must independently verify the relevant information through official sources provided by its organizer, venue, shop, or other responsible party.
3. Event details, dates and times, locations, exhibition content, admission requirements, services, and other matters may be changed or canceled at the discretion of the relevant organizer or other responsible party.
4. Any transaction, communication, dispute, or other issue between a User and an event organizer, venue, shop, or other third party must be resolved between the parties concerned, except where the matter is attributable to the Company.

Article 7 (Digital Stamp Rallies, Benefits, and Prizes)

1. Users may participate in digital stamp rallies and other programs in accordance with the eligibility requirements, program period, designated locations, methods for collecting stamps, and other conditions established by the Company or the relevant event organizer.
2. Stamps may be collected by scanning QR codes, confirming location data through GPS, or using another method designated by the Company. Users may be unable to collect a stamp due to their device, network environment, the accuracy of location data, conditions at the venue, or other circumstances.
3. Users must not obtain stamps, benefits, or prizes through fraudulent means, including falsifying location data, improperly sharing QR codes, using multiple accounts, or employing automated methods.
4. The details, quantity, eligibility requirements, redemption method, timing, and other conditions applicable to benefits or prizes will be as stated for each program. Benefits or prizes offered in limited quantities may become unavailable before the end of the program period.
5. The Company or the entity operating the relevant program may revoke stamps, benefits, or prizes where there are reasonable grounds to do so, including fraudulent acquisition, failure to satisfy applicable requirements, or an erroneous award caused by the system.
6. Unless expressly permitted for a specific program, benefits and prizes may not be redeemed for cash, transferred, resold, or reissued.

Article 8 (Coupons)

1. The Service may offer coupons issued by the Company or by participating businesses affiliated with the Company (“Participating Businesses”).
2. The eligible products or services, validity period, participating shops or venues, permitted number of uses, redemption method, and other conditions for using a coupon will be as stated on that coupon.
3. Before using a coupon, Users must review its terms of use and confirm the latest information concerning the relevant shop or venue.
4. Unless otherwise permitted by the Company or a Participating Business, a coupon may be used only by the User to whom it is issued and may not be transferred, lent, sold, resold, redeemed for cash, or unlawfully reproduced.
5. A coupon automatically expires when its validity period ends.
6. The Company or a Participating Business may suspend, modify, or revoke all or part of a coupon without prior notice if it reasonably determines that:
   1. the applicable conditions of use have not been satisfied;
   2. fraudulent use has occurred, including the creation of multiple accounts, tampering, or unauthorized reproduction;
   3. the User has violated these Terms, any Individual Provision, or any applicable law or regulation; or
   4. an incorrect display, erroneous issuance, system failure, or other unavoidable circumstance has occurred.
7. The relevant Participating Business is responsible for the content, quality, safety, legality, and other aspects of any product or service it provides. As a general rule, any issue between a User and a Participating Business must be resolved between those parties.

Article 9 (Intellectual Property Rights)

1. All copyrights, trademark rights, patent rights, and other intellectual property rights in the Service and in any text, images, video, audio, logos, trademarks, programs, data, and other content made available through the Service belong to the Company or to the relevant third party that lawfully holds those rights.
2. The right to use the Service granted under these Terms does not constitute a transfer of any intellectual property right to a User or grant any right of use not expressly set forth in these Terms.
3. Users must not reproduce, republish, modify, distribute, publicly transmit, sell, or otherwise use content made available through the Service beyond the scope of private use or any other use permitted by law without the prior permission of the Company or the relevant rights holder.

Article 10 (Prohibited Conduct)

When using the Service, Users must not engage in, or attempt to engage in, any of the following conduct:

1. violating any law or regulation, court judgment, decision or order, administrative measure, or public policy or accepted standards of morality;
2. infringing any copyright, trademark right, portrait right, privacy right, reputation, credit, property, or other right or interest of the Company or a third party;
3. engaging in fraud, threats, impersonation, registration of false information, or other conduct for an improper purpose;
4. using another User’s account or login credentials;
5. fraudulently creating or using multiple accounts;
6. fraudulently obtaining, reproducing, transferring, redeeming for cash, or reselling any stamp, coupon, benefit, or prize;
7. placing an excessive load on any server, network, or system used for the Service;
8. engaging in unauthorized access, transmitting malware, reverse engineering, scraping, or any other conduct that interferes with the proper operation of the Service;
9. intentionally exploiting any defect in the Service;
10. using the Service, without the Company’s permission, for commercial purposes, advertising, promotion, solicitation, or any purpose inconsistent with the intended purpose of the Service;
11. directly or indirectly providing benefits to organized crime groups or other antisocial forces;
12. assisting or encouraging any conduct listed above; or
13. engaging in any other conduct that the Company reasonably determines to be inappropriate in light of the purpose of the Service.

Article 11 (Third-Party Services)

1. The Service may integrate with maps, social media, authentication, analytics, push notifications, app stores, and other services provided by third parties.
2. Use of a third-party service may be subject to the terms of use, privacy policy, and other conditions established by its provider.
3. The Company does not warrant the content, continuity, accuracy, security, or availability of any third-party service. A change to, suspension of, or termination of a third-party service may make some or all of the Service unavailable.

Article 12 (Changes, Suspension, Interruption, and Termination of the Service)

1. The Company may change all or part of the Service to improve the Service, modify its features, perform maintenance, address operational or technical requirements, or for other reasons.
2. The Company may suspend or interrupt all or part of the Service without prior notice to Users in any of the following circumstances:
   1. inspection, maintenance, updating, or modification of the system;
   2. failure of any server, communications network, device, or other equipment;
   3. difficulty in providing the Service due to an earthquake, typhoon, flood, fire, power outage, epidemic, war, civil unrest, or other event of force majeure;
   4. difficulty in providing the Service due to the suspension of or a change in specifications for a third-party service; or
   5. any other circumstance in which the Company reasonably determines that suspension or interruption is necessary.
3. The Company may terminate all or part of the Service after providing advance notice by a reasonable method. In an emergency or other unavoidable circumstance, notice may be given after termination.

Article 13 (Restrictions on Use and Account Termination)

1. If the Company reasonably determines that a User falls under any of the following circumstances, it may, without prior notice or demand, restrict the User’s access to all or part of the Service, suspend or delete the User’s account, or terminate the service agreement:
   1. the User has violated these Terms or any Individual Provision;
   2. the registered information contains a false statement, error, or material omission;
   3. fraudulent use or a security risk has been identified;
   4. the User has failed to respond to a communication from the Company for a reasonable period;
   5. the User constitutes, or has a relationship with, an organized crime group or other antisocial force; or
   6. the Company otherwise reasonably determines that continued use of the Service by the User would be inappropriate.
2. The Company will not be liable for any loss or damage incurred by a User as a result of any action taken under the preceding paragraph, except where such loss or damage is attributable to the Company.

Article 14 (Account Cancellation)

1. A User may delete their account and cease using the Service at any time in the manner prescribed by the Company.
2. Upon account cancellation, stamps, coupons, benefits, and other rights or usage information associated with the User may expire or be deleted. Such information may not be recoverable after cancellation.
3. User information following account cancellation will be handled in accordance with the japan ART EX Privacy Policy.

Article 15 (Disclaimer of Warranties and Limitation of Liability)

1. The Company makes no warranty regarding the safety, reliability, accuracy, completeness, currency, usefulness, or fitness for a particular purpose of the Service; its compatibility with any particular device or operating system; or the absence of defects, errors, communications failures, or security vulnerabilities.
2. Some or all of the Service may be unavailable due to a User’s device, network environment, the accuracy of location data, notification settings, app-store policies, or other circumstances beyond the Company’s control.
3. Except where attributable to the Company, the Company will not be liable for any loss or damage suffered by a User in connection with the use or inability to use the Service; any change to, suspension, interruption, or termination of the Service; loss of data; unauthorized access by a third party; or any other matter related to the Service.
4. Any provision of this Article or these Terms that excludes or limits the Company’s liability will not apply to the extent that the loss or damage is caused by the Company’s willful misconduct or gross negligence, or that such exclusion or limitation is not permitted under the Consumer Contract Act or any other applicable law.
5. Even where the Company is liable for damages, except in cases of willful misconduct or gross negligence by the Company, its liability is limited to ordinary damages that are directly and actually incurred by the User. The Company will not be liable for any special, indirect, or consequential damages or for any loss of profits.

Article 16 (User Responsibility and Compensation for Damage)

1. Users use the Service at their own responsibility. If a dispute arises with a third party in connection with the use of the Service, the User must resolve it at their own expense and responsibility.
2. If a User causes loss or damage to the Company or a third party through a breach of these Terms or any other cause attributable to the User, the User will be responsible for compensating the Company or the third party for that loss or damage.

Article 17 (Changes to These Terms)

1. The Company may amend these Terms in accordance with applicable law in either of the following circumstances:
   1. the amendment is consistent with the general interests of Users; or
   2. the amendment is not contrary to the purpose of the agreement governed by these Terms and is reasonable in light of the necessity for the amendment, the appropriateness of the amended provisions, and other relevant circumstances.
2. When amending these Terms, the Company will provide notice of the amended provisions and their effective date by posting them on the Service or by another appropriate method.
3. The amended Terms will apply from the effective date stated in the notice described in the preceding paragraph.

Article 18 (Assignment of Rights and Obligations)

1. Without the Company’s prior written consent, a User may not assign, transfer, pledge as security, or otherwise dispose of their status under the service agreement or any right or obligation arising under these Terms.
2. If the Company transfers the business relating to the Service to a third party, the Company may transfer to the transferee its status under the service agreement, its rights and obligations under these Terms, registered information, and other User information in connection with that business transfer. For purposes of this paragraph, a business transfer includes a company split and any other transaction through which the business is transferred.

Article 19 (Severability)

If any provision of these Terms, or any part thereof, is determined to be invalid or unenforceable under any law or regulation, the remaining provisions of these Terms and the remaining portion of the affected provision will continue in full force and effect.

Article 20 (Notices and Inquiries)

1. The Company will send notices or communications to Users by displaying them on the Service, sending them to the contact details registered by the User, or by any other method the Company considers appropriate.
2. For inquiries concerning the Service, these Terms, digital stamp rallies, coupons, technical issues, or any other matter, please contact us using the form below.

Article 21 (Governing Law and Jurisdiction)

1. These Terms and the service agreement are governed by the laws of Japan.
2. Depending on the amount in controversy, the Tokyo Summary Court or the Tokyo District Court will have exclusive jurisdiction as the court of first instance over any dispute between the Company and a User arising from or in connection with the Service, these Terms, or the service agreement.