Terms of Service

These Terms of Service (the "Terms") set forth the conditions for the provision of the Service and the rights and obligations between the Company and registered users. Before using the Service, you must read these Terms in their entirety and agree to them.

Article 1 (Application)

  1. These Terms are intended to set forth the conditions for the provision of the Service and the rights and obligations between the Company and Registered Users in connection with the use of the Service, and shall apply to all matters relating to the use of the Service between Registered Users and the Company.
  2. If the content of these Terms differs from any description of the Service outside of these Terms, the provisions of these Terms shall prevail.

Article 2 (Definitions)

In these Terms, the following terms shall have the meanings set forth below:

  1. "Service Agreement" means the agreement for the use of the Service entered into between the Company and a Registered User on the terms and conditions set forth in these Terms.
  2. "Intellectual Property Rights" means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire such rights and the right to apply for registration of such rights).
  3. "Posted Data" means content (including, but not limited to, text, images, videos, and other data) that a Registered User posts or otherwise transmits using the Service.
  4. "Registered User" means an individual or legal entity that has been registered as a user of the Service in accordance with these Terms.
  5. "Service" means the service named "Usacolle" provided by the Company (including any service with a modified name or content, regardless of the reason for such modification).

Article 3 (Registration)

  1. A person who wishes to use the Service (an "Applicant") may apply to the Company for registration as a user of the Service by agreeing to comply with these Terms and providing certain information specified by the Company (the "Registration Information") to the Company in the manner prescribed by the Company.
  2. The Company shall determine whether to approve the registration of an Applicant who has applied for registration under Paragraph 1 in accordance with the Company's criteria, and shall notify the Applicant if the Company approves the registration. The registration of an Applicant as a Registered User shall be completed upon the issuance of such notice by the Company.
  3. Upon completion of the registration set forth in the preceding paragraph, a Service Agreement shall be formed between the Registered User and the Company, and the Registered User shall be entitled to use the Service in accordance with these Terms.
  4. The Company may refuse the registration or re-registration of an Applicant without any obligation to disclose the reason if the Applicant falls under any of the following:

Article 4 (Changes to Registration Information)

If there is any change to the Registration Information, the Registered User shall, without delay, notify the Company of such change in the manner prescribed by the Company.

Article 5 (Management of Password and User ID)

  1. The Registered User shall, at its own responsibility, properly manage and maintain the password and user ID relating to the Service, and shall not allow any third party to use them, or lend, transfer, change the name of, or buy or sell them.
  2. The Registered User shall bear responsibility for any damage arising from insufficient management of the password or user ID, errors in use, use by a third party, or similar causes.

Article 6 (Fees and Payment Method)

  1. The Registered User shall pay to the Company, as consideration for the use of the Service, the fees separately determined by the Company and displayed on the Company's website, by the payment method designated by the Company.
  2. If the Registered User is delayed in the payment of fees, the Registered User shall pay to the Company delay damages at the rate of 14.6% per annum.

Article 7 (Prohibited Acts)

In using the Service, the Registered User shall not engage in any of the following acts, or any act that the Company reasonably determines falls under any of the following:

  1. acts that violate laws or regulations, or acts related to criminal activity;
  2. acts of fraud or intimidation against the Company, other users of the Service, or any third party;
  3. acts contrary to public order and good morals;
  4. acts that infringe the intellectual property rights, rights of publicity, privacy rights, reputation, or other rights or interests of the Company, other users of the Service, or any third party;
  5. transmitting to the Company or other users of the Service, through the Service, any information that falls under, or that the Company reasonably determines falls under, any of the following:
  6. acts that place an excessive burden on the network or systems of the Service;
  7. reverse engineering or other analysis of the software or other systems provided by the Company;
  8. acts that may interfere with the operation of the Service;
  9. unauthorized access to the Company's network or systems;
  10. impersonation of a third party;
  11. use of the ID or password of another user of the Service;
  12. publicity, advertising, solicitation, or business activities on the Service without the Company's prior consent;
  13. collection of information about other users of the Service;
  14. acts that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or any third party;
  15. the provision of benefits to Antisocial Forces;
  16. acts for the purpose of meeting persons of the opposite sex with whom the Registered User is not acquainted;
  17. acts that directly or indirectly cause or facilitate any of the foregoing acts;
  18. attempts to engage in any of the foregoing acts;
  19. any other act that the Company reasonably determines to be inappropriate.

Article 8 (Suspension of the Service, etc.)

The Company may suspend or interrupt the provision of all or part of the Service without prior notice to Registered Users in any of the following cases:

  1. when emergency inspection or maintenance of the computer systems relating to the Service is required;
  2. when the operation of the Service becomes impossible due to failure of computers or communication lines, operational errors, excessive concentration of access, unauthorized access, hacking, or similar causes;
  3. when the operation of the Service becomes impossible due to force majeure, such as earthquakes, lightning, fire, wind or flood damage, power outages, or other natural disasters;
  4. when the Company otherwise reasonably determines that suspension or interruption is necessary.

Article 9 (Attribution of Rights)

  1. All Intellectual Property Rights relating to the Company's website and the Service belong to the Company or to the licensors who have granted licenses to the Company, and the license to use the Service granted under these Terms does not constitute a license to use the Intellectual Property Rights of the Company or its licensors relating to the Company's website or the Service.
  2. The Registered User represents and warrants to the Company that the Registered User has the lawful rights to post or otherwise transmit the Posted Data, and that the Posted Data does not infringe the rights of any third party.
  3. The Registered User grants the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works based on, display, and perform the Posted Data. The Registered User also grants other Registered Users a non-exclusive license to use, reproduce, distribute, create derivative works based on, display, and perform the Posted Data that the Registered User has posted or otherwise transmitted using the Service.
  4. The Registered User agrees not to exercise moral rights of the author against the Company or any person that has succeeded to rights from, or been licensed rights by, the Company.

Article 10 (Deletion of Registration, etc.)

  1. The Company may, without prior notice or demand, delete or hide Posted Data, temporarily suspend the use of the Service by the Registered User, or delete the registration of the Registered User, if the Registered User falls under any of the following:
  2. Upon the occurrence of any of the events set forth in the preceding paragraph, the Registered User shall automatically lose the benefit of time with respect to all obligations owed to the Company, and shall immediately pay all such obligations to the Company.

Article 11 (Term of Use and Withdrawal)

  1. The term of use for a Registered User shall be the term selected by the Registered User from those specified by the Company.
  2. The Registered User may terminate the Service effective upon the expiration of the term of use by completing the withdrawal procedures prescribed by the Company. The term of use of a Registered User who has not completed the withdrawal procedures as of such expiration shall be automatically renewed for a period identical to that set forth in the preceding paragraph.

Article 12 (Changes to and Termination of the Service)

  1. The Company may, at its discretion, change the content of the Service or terminate its provision.
  2. If the Company terminates the provision of the Service, the Company shall notify Registered Users in advance.

Article 13 (Disclaimer of Warranties and Limitation of Liability)

  1. The Company makes no warranties, express or implied, that the Service meets the specific purposes of any Registered User, has the functionality, commercial value, accuracy, or usefulness expected by the Registered User, that the Registered User's use of the Service complies with laws and regulations or internal rules of industry organizations applicable to the Registered User, that the Service does not infringe the intellectual property rights, rights of publicity, privacy rights, reputation, or other rights or interests of any third party, that the Service can be used continuously, or that the Service is free from defects.
  2. Except in cases of willful misconduct or gross negligence on the part of the Company, the Company shall not be liable to a Registered User for damages arising in connection with the Service in an amount exceeding the fees paid by the Registered User to the Company during the preceding twelve (12) months.
  3. Any transactions, communications, or disputes arising between a Registered User and another Registered User or a third party in connection with the Service or the Company's website shall be resolved by the Registered User at its own responsibility.

Article 14 (Confidentiality)

The Registered User shall treat as confidential any non-public information that the Company discloses to the Registered User in connection with the Service and that the Company has requested be treated as confidential, except where the prior written consent of the Company has been obtained.

Article 15 (Handling of User Information)

  1. The Company's handling of a Registered User's user information shall be governed by the Company's Privacy Policy (https://usacolle.notion.site/fce63fa83a99474aa7bbad94423ff33f), and the Registered User agrees that the Company may handle the Registered User's user information in accordance with such Privacy Policy.
  2. The Company may, at its discretion, use and disclose information, data, and the like that a Registered User has provided to the Company, in the form of statistical information that does not identify any individual, and the Registered User shall not raise any objection thereto.

Article 16 (Amendments to These Terms, etc.)

  1. The Company may amend these Terms when the Company deems it necessary.
  2. When amending these Terms, the Company shall notify the effective date and content of the amended Terms by posting them on the Company's website or by other appropriate means, or by notifying Registered Users.
  3. When making an amendment to these Terms that requires the consent of Registered Users under applicable laws and regulations, the Company shall obtain such consent in the manner prescribed by the Company.
  4. If a Registered User renews the term of use pursuant to Article 11, the Registered User shall be deemed to have given the consent set forth in the preceding paragraph.

Article 17 (Communications/Notices)

  1. Inquiries and other communications or notices from a Registered User to the Company regarding the Service, as well as notices regarding amendments to these Terms and other communications or notices from the Company to Registered Users, shall be made in the manner prescribed by the Company.
  2. If the Company makes a communication or notice to an email address or other contact information included in the Registration Information, the Registered User shall be deemed to have received such communication or notice.

Article 18 (Assignment of Status under the Service Agreement, etc.)

  1. A Registered User may not, without the prior written consent of the Company, assign, transfer, provide as security, or otherwise dispose of its status under the Service Agreement or its rights or obligations under these Terms to any third party.
  2. If the Company transfers the business relating to the Service to another party, the Company may, in connection with such business transfer, transfer to the transferee its status under the Service Agreement, its rights and obligations under these Terms, and the Registration Information and other customer information of Registered Users, and the Registered User hereby consents in advance to such transfer under this paragraph. The business transfer defined in this paragraph includes not only ordinary business transfers but also company splits and any other cases in which the business is transferred.

Article 19 (Severability)

Even if any provision or part of a provision of these Terms is determined to be invalid or unenforceable under applicable laws or regulations, the remaining provisions of these Terms, and the remaining part of any provision partly determined to be invalid or unenforceable, shall continue in full force and effect.

Article 20 (Governing Law and Jurisdiction)

  1. These Terms and the Service Agreement shall be governed by the laws of Japan.
  2. The Tokyo District Court shall have exclusive jurisdiction as the court of first instance over any and all disputes arising out of or in connection with these Terms or the Service Agreement.

Enacted on March 1, 2024