Terms and ConditionsGemShip, Inc.
Article I. Definitions
Terms defined in the Agreement are defined as follows:
|(1) Service||The service provided by GemShip, Inc. as well as other operations handled by the company|
|(2) Website||The website or page wherein all contents operated by GemShip are posted.|
|(3) Content||The general term referring to the text, image, video, audio, software, code, etc. as well as all posted information within the Site provided through the Company's Service.|
|(4) User||The person or entity who uses or avails our Service.|
|(5) Member||A User who have fully completed the site registration process.|
|(6) ID||A string of characters uniquely assigned to a Member prior using to site services.|
|(7) Password||A unique word or encrypted string of characters set by the Member corresponding to their ID.|
|(8) Post||The action of publishing done by a Member in a form of text, word/sentence, image, video, comment, etc.|
|(9) Post Information||A general term referring to the text, word/sentence, image, video, comment, etc. published on site by Members through the Post action or any other similar function.|
|(10) Personal Information||As defined in the Act on the Protection of Personal Information (Article 2, Section 1): means information relating to a living individual to whom contains a name, date of birth, or other description/s, etc. whereby a specific individual can be reasonably identified (including those which can be readily collated with other information and thereby identify a specific individual).|
|(11) Registration Information||A term which generally refers to information entered by a Member prior to our service. Registration Information does not include Post or Post Information.|
|(12) Intellectual Property||Refers to all content included in or made available through creative activities by human beings such as inventions, utility models, designs, works, and other products of human intellect; those indicating goods or services in business activities by the company such as trademarks and trade names; and, technical or business information that is useful in commercial activities such as trade secrets.|
|(13) Intellectual Property Right||Includes the right to all intellectual property. Rights therein provided is protected by copyright laws, international copyright treaties and conventions, and other laws.|
|(14) Buy||The Buyer shall enter a purchase agreement and pay for the merchandise offered by the Seller within our Service.|
|(15) Sell||The Seller shall furnish a detailed information of the merchandise and make it available to the user prior to transaction within our Service.|
|(16) Seller||A person who sells merchandise on our Service. Entities described as a corporation or sole proprietors are not eligible for registration.|
|(17) Buyer||A person who purchases the product offered for sale via our Service.|
ARTICLE II. ABOUT GEMSHIP
- GemShip, Inc.'s service offers a marketplace and venue to complete buying and selling transaction/s for the posted product, as well as other transactions (herein referred to as "Individual Transaction") between users. GemShip shall not be a party to Individual Transactions and will not be involved between the actual transaction between the buyer and Seller. The company shall not be held liable in any way in the event of cancellation, termination, return, refund, contractual warranties and/or voids unless otherwise expressly specified.
- The User is solely responsible for all Individual Transaction/s, and shall exercise all obligations at their own expense and responsibility.
ARTICLE III. GEMSHIP SERVICES
- The Company shall provide various Services, such as but not limited to employing purchase feedbacks or review, to realize intended Service.
- Upon completing a transaction, Members may leave a review on their purchased product.
- Users looking for a purchase shall check the product details beforehand; contents, pricing, payment method, etc. shall be reflected on their respective pages. Please review such details before finalizing your purchase.
- For miscellaneous Terms and other matters surrounding individual Services, please refer to the respective pages in our Service.
- Users may use the Service upon agreeing to the Terms.
- If the User is a minor, the User shall obtain all proper consents from their parent or legal guardian before using the Service.
- If the User, who is a minor, uses the Service under pretense of garnering the consent of a parental authority on false claims, while not having one in reality, or, employs fraudulent means to make the User appear as of legal age, shall not be absolved of legal actions pertaining to the Service.
ARTICLE V. CHANGES TO TERM OF USE
- The Company shall notify the User of such amendments/revisions made through a manner prescribed by the Company.
- User’s continued use of the Service after such changes are posted will constitute their agreement to such changed Terms.
ARTICLE VI. USAGE FEES, ETC.
- The Buyer shall not bear and be specially burdened by membership fees of any kind with the use of the Service, except for merchandise fees. The Buyer shall have no further obligations to the Seller upon finishing payment of merchandise fees to the Company.
- The Seller shall pay the Company an amount equivalent to 30% of the merchandise's selling price as fee for using the Service. The Company will pay to the Seller the balance of the payment received from the Buyer, after deducting the usage fee and settlement fee, by the end of the second month following the conclusion date of the sales contract. The Seller shall bear any bank transfer fees required for such payment.
ARTICLE VII. MEMBERSHIP PROCEDURES
- A person who has applied for membership shall become a Member from the time the Company approves his/her application and completes their ID registration.
- Please note beforehand that the Company will send Member notices, advertisements, and any other information by e-mail.
- The Company may, at its sole discretion, refuse to approve the Prospective Member's application for membership if any of the following item applies to the applicant:
- If the Prospective Member applying for membership fails to follow the procedures specified by the Company;
- If the Prospective Member is found to have registered by wrongful means;
- If the Prospective Member has registered information other than himself/herself;
- Any other cases that the Company deems inappropriate.
ARTICLE VIII. ACCOUNT MANAGEMENT
- The User is responsible for the information (including but not limited to their e-mail address, ID, password; herein referred to as "Registration Information") that they have registered when using the Service. The User shall voluntarily register and manage Registration Information at their own risk, and shall not disclose, use, lend, transfer, rename, sell, trade, or offer it as collateral to any third party.
- Registration Information pertaining to the use of our Service. The Company may handle Registration Information as if it was used by the person who registered for the Service. The person who registered for the Service shall be held responsible for any and all consequences and liabilities arising from such use.
- The User shall be liable for any loss, damage, or injury to the Company and/or the third party resulting from the User's wrongful use of Registration Information, and the User shall compensate any damages incurred by the Company and the third party.
- Users shall manage their Registration Information at their own risk, and the Company shall not be liable for any loss, damage, or injury incurred by Users due to inaccurate or false Registration Information.
- If a User discovers that his/her Registration Information has been stolen or used by a third party, the User shall immediately notify the Company to that effect and follow the Company’s instructions.
ARTICLE IX. MEMBERSHIP WITHDRAWAL
- If a Member wishes to withdraw his/her membership, the Member shall follow the cancellation procedure as prescribed by the Company.
- If a Member falls under any one of the following items, the Company, at its own discretion, shall forfeit the User's qualification of membership:
- If the User is found to have registered through means other than those stipulated by the Company.
- Any other cases that the Company deems inappropriate and merits a Membership Withdrawal.
- If the Member has outstanding dues, other debts, and obligations to the Company at the time of membership withdrawal, he/she shall continue to be responsible for payment of such fees and other obligations even after withdrawal.
ARTICLE X. HANDLING OF PERSONAL INFORMATION, ETC.
ARTICLE XI. PROHIBITED ACTS
When using the Service, the Company prohibits the following acts by Users. In the event of a violation, the Company may, without prior notice, immediately suspend the User’s use of the Service, delete their Registration Information and Posts, or take any other action deemed as necessary by the Company. The Company will monitor the existence of such prohibited acts through a system determined by the Company.
- Acts that infringe upon the Company's or any third party's Intellectual Property Rights;
- Actions that damage the honor or credibility (such as but not limited to defamation, unjust discrimination, or slandering) of the Company or a third party;
- Acts that infringe or may infringe the Company or a third party's property;
- Acts that cause economic loss and/or damage to the Company or a third party;
- Acts that threaten the Company or a third party;
- If the User posts or contains a Post to which has any of the following information:
- Information that may risk infringement of the rights or property of a third party;
- Information that harms a third party physically or psychologically;
- Information that is unlawful, illegal, or harmful. The aforementioned also includes information aiding or abetting such criminal, illegal, or harmful acts;
- Information that is intended to provoke or offend another party. These are as, but not limited to unlawful, harmful, threatening, abusive, racist, defamatory, libelous, insulting, harassing, inflammatory, or offensive remarks or Posts that may cause such results;
- Information that is known to be non-factual or non-existent;
- Information that is outside the User's scope of rights and does not have control thereof;
- Information that infringes on intellectual property rights, including but not limited to, copyrights, trademarks, or other privacy or public interest rights of a third party;
- Those that contain images, documents, or other information that is illegal, indecent, or obscene, including, but not limited to, child pornography, or child abuse;
- Information that violates laws and regulations;
- Any other information that the Company deems inappropriate.
- Actions that transmit or may transmit information containing computer viruses or other harmful computer programs.
- Actions that place an excessive load on the Service’s network or system, or any other related infrastructure.
- Attacks on the Website's server, system, or security
- Actions that attempt to access the Service by means other than what the interface provides or other systems provided by the Company.
- Actions in which a User obtains and/or uses multiple User IDs.
- Actions, other than the above stated, that the Company deems inappropriate.
ARTICLE XII. SELLER’S OBLIGATION
- The Seller shall advertise their merchandise compliant to the procedures set forth by the Company, and shall adhere to all applicable laws, regulations, and guidelines set by regulatory authorities regarding the merchandise to be advertised thereof.
- Advertising any of the following merchandise:
- Merchandise that violates laws and regulations, such as but not limited to counterfeit and/or pirated goods;
- Merchandise that is classified or may be primarily used as a dangerous weapon;
- Merchandise obtained through fraudulent means such as through criminal activity;
- Merchandise that are or may be offensive to public order and morals, or violate other laws and regulations. These may include, but not limited to, merchandise that are obscene, pornographic or contains child pornography, or such related material/s, merchandise that may inflict bodily harm or affect the health of other Users;
- Merchandise for which the Seller does not own the copyright (including, but not limited to, a Merchandise wherein the copyright ownership has been transferred to a third party);
- Merchandise for which the Seller is neither involved in the production nor publication process (including, but not limited to, Merchandise wherein the copyright ownership has been transferred from a person involved in the production process);
- Merchandise that is a derivative work. However, this does not apply to cases where prior permission from the copyright owner has been obtained;
- Other Merchandise that the Company deems inappropriate;
- Listing Merchandise that is not intended for trade whatsoever.
- Listing Merchandise that may not be properly understood or be confusing based from the furnished information alone.
- Listing Merchandise for which its description does not provide a sufficient explanation or lacks thereof.
- Listing Merchandise for which its price per item exceeds 1,000,000 (one million) Japanese Yen.
- Any other acts that the Company deems inappropriate.
- Sellers cannot transfer the copyright ownership of a merchandise using the Service.
- Copyrights of related merchandise listed on GemShip cannot be transferred to a third party.
ARTICLE XIII. BUYER’S OBLIGATION
- The Buyer shall place an order with the intent of purchasing and complying to all the procedures set forth by the Company. The Buyer shall adhere to all applicable laws, regulations, and guidelines set by regulatory authorities regarding the merchandise to be purchased and the method of purchase thereof.
- Ordering without the intention to purchase;
- Purchasing counterfeit and/or pirated products, or those deemed to be in violation of laws and regulations;
- Purchasing Merchandise for the purpose of resale;
- Ordering for mischief, harassment, or any other purposes deemed unjustifiable;
- Purchasing one's own Merchandise on the listing;
- Any other acts that the Company deems inappropriate;
- The Buyer shall not claim that the merchandise's ownership, moral rights, or copyrights belong to them after purchase.
- The Buyer, after purchasing the merchandise, shall not misappropriate or misuse the merchandise in such a way that it violates intended use.
- The Company shall not be liable for any damages incurred by the Seller or any third party as a result of the Buyer's order, purchase, or similar actions thereof.
- The Company shall not be liable for any damages incurred by the Seller or any third party as a result of the Buyer's order, purchase, or similar actions thereof.
ARTICLE XIV. HANDLING OF MERCHANDISE
- All rights related to the merchandise on the Service belong to the Company, the respective third party, or its legal owners. The Company grants the User a non-exclusive, non-transferable, and non-sublicensable license solely for use of the Service.
- Users shall not use the merchandise beyond their scope of use specified by the Company. Users shall not reproduce, send, transfer (including trading of merchandise between Users), lend, translate, adapt, reprint without permission, employ secondary use of, profit from, modify, disassemble, decompile, or reverse engineer the merchandise in any way.
- Notwithstanding Section 1, if the User loses his/her qualification to use the merchandise due to Membership Withdrawal or any other related cases, his/her accompanying ownership rights to the merchandise shall also cease to exist.
- Members shall ensure that their Post or Posted content does not infringe the respective copyrights of a third party. Unauthorized reproduction of text and other materials from the internet, television, magazines, books, and other forms of media is prohibited. However, this does not apply to cases where prior permission from the copyright owner has been obtained.
- Copyrights (including all copyrights and the rights stipulated in the Copyright Law of Japan, Article 21 through Article 28), and Content (such as, but not limited to text, image, video, audio, and all other information) relating to this Service belong to its respective Users who posted or published the Content. However, upon publication of Content thereof, the User grants the Company free and non-exclusive license to use it both within and outside of Japan.
- Users shall waive their moral rights regarding all Contents within the Service.
ARTICLE XV. SUSPENSION OR INTERRUPTION OF SERVICE
- The Company may, at its sole discretion, suspend or interrupt the Services, in whole or in part, without prior notice to users in any of the following cases:
- When the Service or its other systems required to provide said Service necessitates urgent maintenance or construction of telecommunications facilities, or an unavoidable malfunction of the facilities for this service occur;
- When the Company finds or deems it significantly difficult to provide a normal Service due to excessive load or failure on the Service’s network or system, or any other related infrastructure;
- If the environment in which the Service is provided is severely damaged or the possibility of severe damage is foreseen that is attributed to a User or a third party, such as through hacking or data tampering;
- When the Company finds or deems it significantly difficult to provide the Service due to suspension of telecommunications services by foreign or domestic telecommunications carriers, or power supply services by electric power companies, or other public services;
- When the Service cannot be provided due to force majeure such as earthquakes, tsunami, floods, typhoon, lightning, epidemic or other natural disasters, wars, riots, civil commotions, establishment, revision or abolishment of laws and regulations;
- Any other cases where the Company deems it necessary to suspend or urgently suspend operation of the Service.
- The Company shall not be liable for any damages incurred by the User as a result of actions taken in accordance with the preceding paragraph.
ARTICLE XVI. DISCLAIMER
- The Company shall make no warranty on the listed merchandise’s condition such as but not limited to its content, quality, legality, safety, or functionality thereof. The Company shall not be held liable for any defects or malfunctions of the listed merchandise.
- The Company shall not be liable for any arguments, disputes, or other troubles between Users and other users. Even in the event of a problem between a User and another User, both parties shall be responsible for resolving the problem and shall not make any claims against the Company. However, if the Company deems it necessary for the smooth operation of the Service, the Company may take appropriate measures to resolve disputes between users.
- The Company shall not be liable for any damages caused by modification, interruption, or termination of the Service.
- The User shall set up and maintain their devices or terminal equipment in good working order required for the use of Service. The User shall perform such setting up and maintenance at their own expense and responsibility.
- The Company shall make no warranty that the Service is fit for a User's particular purpose, has the expected functionality, commercial value, accuracy, or utility, that the User's use of the Service complies with applicable laws, regulations, or internal rules of any industry organization applicable to the User, nor does it guarantee that the Service will be free from any defects.
- The Company shall make no guarantee that the Service is compatible with all information terminals, and the User shall acknowledge in advance that defects may arise in the operation of this Service as a result of operating system upgrades, or such changes in the information terminal used for the Service. The Company shall make necessary changes in the program; however, it does not guarantee that such defects will be resolved.
- The Company shall not be liable for any damages incurred by the User, directly or indirectly, as a result of use of the Service by the User.
- The Company shall not be held liable for any lost opportunities, business interruption, or any other damages (including indirect damages and/or lost profits) incurred by Users or other third parties, even in the event that the Company has been advised of the possibility of such damages in advance.
- If the User or a third party requests to delete a Post, the Company has the sole discretion of whether to delete said Post, and the Company shall not be held responsible for any liability whatsoever arising from such decision.
- In the event that the Company is liable for damages in connection with the use of the Service due to mandatory provisions of applicable laws, notwithstanding the provisions of the preceding paragraphs, the Company shall have liabilities limited to the total amount of fees received from the User for the Service in the month wherein the relevant damage occurred. However, even in the event of such cases, the Company shall not be liable for damages arising from reasons not attributable to the Company, damage arising from special circumstances regardless of whether the Company has anticipated these or not, or damages from lost profits.
- In the event that a User causes damage to another User or has a dispute with a third party in relation with the use of the Service, the User shall compensate for such damage or resolve such dispute at the User’s own expense and responsibility, and shall not cause any trouble or damage to the Company.
- If a User causes damage to a third party through his/her actions, including damage claims to the Company wherein the third party suffers due damage owing to the User's actions, the User shall handle and resolve such claim at the User's own expense (such as attorney's fees) and responsibility. In addition, if the Company pays compensation to said third party, the User shall indemnify the Company for any damages and expenses (including attorney's fees and lost profits) incurred by the Company.
- If a User causes damage to the Company in relation to the use of the Service, the User shall compensate the Company for any damages and expenses (including legal fees and lost profits) at the User's own expense and responsibility.
- The Company does not guarantee the accuracy of information posted by other Users on the Service. The Company shall not be liable for any disputes or troubles regarding the information Posted on the Service.
ARTICLE XVII. ADVERTISEMENTS
The User understands and agrees that the Service may include all advertisements of kind, and that the Company or its partners may place any kind of advertisements on the Service. The form and scope of advertisements on the Service may be changed by the Company at any time.
ARTICLE XVIII. MONITORING USER ACTIVITY
The Company shall, at its own discretion, monitor whether the User complies to proper usage of the Service, and the User agrees to such monitoring.
ARTICLE XIX. REPRESENTATIONS AND WARRANTIES AGAINST ANTI-SOCIAL FORCES
- The User and the Company represents and warrants that the User or Company's officers or employees are, at the present time, not an organized crime group, a member of an organized crime group, a former member of an organized crime group who ceased to be a member less than five years ago, an affiliate/quasi-member of an organized crime group, an association or a corporation related to an organized crime group, a corporate racketeer, or a racketeer disguised as a social or political activist, a special intelligence violence group, or any other person or group engaged or involved in organized crimes (hereinafter collectively referred to as the "Anti-Social Forces"). The User and the Company's officers or employees guarantee that he/she is not a member or affiliated to such Anti-Social Forces, and shall not fall under any of the following items even in the future:
- Being involved with any person or entity wherein its management may be regarded as being controlled by Anti-Social Forces;
- Being involved with any person or entity wherein it may be regarded that Anti-Social Forces is involved with or substantially participating in its management;
- The User uses the influence of Anti-Social Forces, or is involved with any person or entity using the influence of such Anti-Social Forces for, including, but not limited to, purposes such as to pursue unjustified profits for the User or a third party, and afflicts damage to another third party;
- Being involved with or supports Anti-Social Forces by providing funds or extending facilities;
- Being involved with any person or entity deemed to have a socially condemnable relationship with an officer, member, or a person substantially involved in the management of such Anti-Social Forces.
- If the User or the Company's officer or employee is a member, officer, or an employee of the Anti-Social Forces, or falls under any of the items of the preceding paragraph, contrary to the warranties and representations set forth in the preceding paragraph, the Company may terminate the contract based on this agreement without any advance notification.
ARTICLE XX. PROHIBITION OF ASSIGNMENT OF RIGHTS
- The Company may assign the Service, in whole or in part, to any third party at the Company’s own discretion, in which case all rights of Users pertaining to this Service, including account of Users, shall be transferred to the assignee to the extent of the rights assigned.
ARTICLE XXI. WAIVER; SEVERABILITY
ARTICLE XXII. CONTACTING US
Any contact or inquiry to the Company by the User regarding the Service shall be made by sending a message via the inquiry form provided at an appropriate location on the Site, or by a manner separately determined by the Company.
ARTICLE XXIII. GOVERNING LAW; JURISDICTION
- The Tokyo Summary Court or the Tokyo District Court shall be the exclusive court for the first instance of lawsuit between the Company and the User, or any party involved, depending on the amount of the suit.
Effective Date: January 1, 2022