This agreement is established with regard to the handling of the client's usage of FURNI (hereinafter referred to as "this service") provided by KAKUCHO corporation (hereinafter "this company"). Please use this service upon consenting to this agreement.
1. Definition
The following terms are used in this contract.
1.1. "This content" is a general term referring to the likes of letters, sounds, still images, video, software programs, and codes provided by this service.
1.2. "Data for items such as furniture" refers to 3D data for items such as furniture published by this service.
1.3. "Coordinate" refers to the configuration of data for items such as furniture by this service in the visual space.
1.4. "User" refers to all persons using this service.
1.5. "Registered user" refers to persons who have completed user registration for this service. 1.6. "Seller" refers to someone who sells items such as furniture which relate to data for items such as furniture.
1.7. "Outside SNS services" refers to social networking services provided by other companies. In addition, it refers to services used to implement this service which have features of user confirmation, release of friends list, and posting to relevant SNS.
1.8. "ID" refers to the peculiar character string which registered users of this service have.
1.9. "Password" refers to the peculiar password set by users which corresponds to the ID.
1.10. "Personal information" is a general term which refers to information which can identify individuals, such as address, name, occupation, and telephone number.
1.11. "Registered information" is a general term which refers to information provided to this company in order for registered users to carry out user registration for this service.
1.12. "Intellectual property" refers to inventions, ideas, new plant species, design, written works, and other things produced by creative human activities (including natural laws and phenomenons which are discovered and elucidated, and which have industrial applicability), trademarks, trade names, other products used in business activities and things which indicate work, as well as trade secrets, and technological and business information valuable to other business activities.
1.13. "Intellectual property rights" refers to patent rights, utility model rights, plant breeders' rights, design rights, copyrights, trademark rights, other rights established by law related to intellectual property, and legally protected rights which affect profits.
2. Consent to this agreement
2.1. The user may use this service upon consenting to this user agreement.
2.2. The usage contract is established between the user and this company in accordance with the various rules of this agreement at the point in which the user downloads this service to a smartphone or other information terminal, and carries out the procedure of consent to this agreement.
2.3. In the case that the user is a minor, please use this service upon obtaining consent from a guardian or other legal representative.
2.4. In the case that a minor user falsifies the consent of a legal representative or falsifies their legal age and uses this service, or uses other fraudulent means in order to cause belief that they have capacity to act, any and all legal action relating to this service cannot be withdrawn.
2.5. In the case that the user was a minor at the time of consent to this agreement and has used this service after reaching legal age, the said user is regarded as confirming any and all legal action relating to this service.
3. Changes to the agreement
3.1. This company can revise the content of this agreement at any time without user consent, and the user consents to this without objection.
3.2. When revisions are made to this agreement, this company will notify users of the content according to the prescribed methods of this company.
3.3. Revisions to this agreement come into effect from the point at which this company carries out notification according to the preceding clause.
3.4. At the point at which the user uses this service following revisions to this agreement, they are regarded as having consented without objection to this revised usage agreement.
4. This service
By using this service in accordance with this agreement during the usage contract, the user can accept the provision of the following services. In addition, the price of the following services shall be free.
・Services which simulate the experience of product use by coordinating the data for the likes of furniture provided by this company.
・Services which post and share image data related to coordinates created by the user with outside SNS services.
・Services which save image data related to coordinates created by the user by the method prescribed by this company within this service, and which share the saved aforementioned data with other users of this service.
・Services which allow the purchase of items such as furniture from sellers through this service.
・Services specified by this company in addition to those mentioned above.
5. Purchases and so forth of items such as furniture from sellers
5.1. The registered user can request to purchase items such as furniture from sellers with this service in accordance with the procedures prescribed by this company. In the case that the purchase request for items such as furniture is complete, the registered user cannot withdraw the application.
5.2. In the case that the registered user's purchase request for items such as furniture is complete, this company will notify the registered user to this effect in accordance with the methods prescribed by this company. In addition, the aforementioned notification does not represent the establishment of a sales contract for items such as furniture with a seller in relation to the request of the registered user.
5.3. After confirming factors including stock for items such as furniture requested by the registered user, this company will notify the registered user as to the consent or refusal of the seller in accordance with the methods prescribed by this company. A sales contract with a seller for items such as furniture which relates to the request of the registered user shall be deemed as having been established with the seller's consent to the registered user's request and notification to this effect.
5.4. The registered user will pay this company costs involved with the request in clause 1, including price and postage, in accordance with the methods prescribed by this company.
5.5. In the case that, after the registered user has paid the price and costs in the preceding clause to this company, the seller refuses a request relating to the said payment, this company will issue a refund in accordance with the procedures prescribed by this company.
5.6. This company does not accept any responsibility for defects in items such as furniture which have not been sold directly to the registered user, but which the registered user has purchased from sellers through this service.
6. Distribution
6.1. In the case that the registered user has purchased items such as furniture from a seller through this service, this company will notify the registered user of information related to delivery including the expected day of arrival.
6.2. This company does not carry out the delivery of items including furniture purchased through this service, and except for the likes of transportation agencies and cases which this company has approved in advance, does not accept any responsibility for delay in arrival, or destruction or damage during delivery of items including furniture.
5. Accounts
5.1. The registered user will be responsible for registering and managing their own ID and password at their discretion. The registered user must not engage in the likes of letting this be used by a third party, lending, transferring, making name changes, buying or selling this.
5.2. In the case that this company has verified an ID or password, it shall be deemed that the registered user corresponding to the relevant account has used it. Consequences and all accompanying liability resulting from use of the account will be attributed to the registered user corresponding to the relevant account.
5.3. In the case that the user causes damages to this company or a third party through unauthorized use of the account, they will compensate said damages.
5.4. The registered user will be responsible for the management of their own account, and this company will not accept responsibility with regard to any losses and damages sustained by a user owing to inaccuracies or falsehoods in the registration information.
5.5. In the case that it is established that an account has been used illegally or used by a third party, the user will notify this company to this effect immediately, as well as following instructions from this company.
6. Privacy
With regard to personal information, this company conforms to the separately established "KAKUCHO privacy policy," and handles it in a suitable manner.
7. Prohibited matters
This company prohibits the user from the following conduct upon use of this service. In the case that it is deemed that a user has violated the prohibited matters, this company can take steps which have been deemed by this company as necessary, including suspending or canceling use, or other steps, and will accept no responsibility for damages to the user which result from the said steps.
7.1. Conduct which violates the intellectual property rights of this company or a third party.
7.2. Conduct which damages the good name or reputation of, or unfairly prejudices or defames, this company or a third party.
7.3. Conduct which violates or is in danger of violating the property of this company or that of a third party.
7.4. Conduct which causes economic damage to this company or a third party.
7.5. Conduct which is threatening towards this company or a third party.
7.6. Conduct by which the user transmits the information below (including any and all information which can be posted using this service, such as live images, video, speech, and profiles). [[TO REMOVE]]
・Information which contains the risk of causing damage to the rights and property of a third party.
・Information which is harmful to a third party, or which injures a third party physically or psychologically.
・Information which is affiliated with criminal, illegal, or dangerous conduct, and information which instigates or assists this.
・Information which is illegal, harmful, threatening, intimidating, racist, defamatory, slanderous, insulting, harassing, inciting, or intended to cause discomfort, or carries the risk of causing such results.
・Information which is inconsistent with the truth, or which is known not to exist.
・Information to which the user themselves does not have the rights of possible control.
・Information which violates the intellectual property rights, including copyright, and other property rights of a third party, and information which violates public or individual rights.
・Information including images and text which equates to obscenity, child pornography, or child abuse.
・Information which violates laws such as medical practitioner's laws.
・Information which this company deems improper.
7.7. The use of computer viruses or harmful programs, or conduct which causes this.
7.8. Conduct which causes stress by placing excessive burden on the infrastructure facilities used for of this service.
7.9. Attacks on the server, system, and security of this service.
7.10. Conduct which attempts to access this company's service by methods other than the interface provided by this company.
7.11. Conduct in which one user obtains multiple user IDs.
7.12. Conduct other than the above which this company deems improper.
8. Content
8.1. The user may only use this content within the limits established by this company.
8.2. This company does not implement or consent to use by the user of patent rights, utility model rights, design rights, trademark rights, copyrights, or other intellectual property rights possessed by this company which exceed the limits of this service.
8.3. The user is prohibited from the likes of reproduction, transmission, transfer (including trade between users), lending, translation, adaptation, unauthorized reproduction, secondary use, use with the intention to profit, changes, disassembly, decompilation, and reverse engineering by any method which exceeds the limits established by this company.
8.4. Regardless of the preceding clause, in the case that the user has lost user rights by unsubscribing, the right to use the content that was provided is also terminated.
8.5. Copyright (all copyright, including copyright regulated by articles 21 through 28 of the copyright law) relating to content which the user posts or transmits by other methods to this service (any and all information including still images, movies, and textual data) belongs to the user. [[TO REMOVE]] However, when transmitting content, the user consents to the use of said content by this company within and outside of Japan without payment and non-exclusively.
8.6. The user will not exercise author's personal rights within this service.
9. Exemption from obligations
9.1. This company accepts no responsibility for any damages caused by changes to content, interruption, or termination of this service.
9.2. This company plays no part in and accepts no responsibility for the usage environments of users of this service.
9.3. This company offers no guarantees that this service will accommodate the designated objectives of the user, will possess expected features, product value, accuracy, and usefulness (including that related to the accuracy of data for items such as furniture provided by this company), that use of this service by the user will conform to laws or the likes of internal regulations of business organizations applicable to users, or that it will not cause problems.
9.4. This company does not guarantee that this service is compatible with all information terminals, and the user acknowledges in advance that due to the likes of OS updates to information terminals which offer use of this service, there is a possibility of problems arising in the operation of this service. In the case that related problems arise, this company does not guarantee that said problems will be resolved by the likes of program revisions carried out by this company.
9.5. The user acknowledges in advance that the due to the likes of changes to usage agreements and operating policies with service stores including AppStore and GooglePlay, there is a possibility that the use of all or part of this service may be restricted.
9.6. This company accepts no responsibility for damages which occur to the user directly or indirectly by using this service.
9.7. This company accepts no responsibility for loss of opportunity, interruption of business, or any other damages which occur to the user or other third parties, even if this company was notified in advance of the possibility of damages affecting this company.
9.8. Even in the case that the likes of content posted by the user was saved for a fixed period, this company is not obliged to save it, but may delete it at any time. In addition, this company accepts no responsibility for damages caused to the user based on the deletion of the likes of content.
9.9. If there are deletion requests from other users or third parties with regard to posts, this company can judge and determine the advisability of deletion, and this company does not accept responsibility for any liability resulting from the said judgment.
9.10. In the case of the existence of bad faith or gross negligence towards this company, the stipulations between clause 1 and the preceding clause do not apply.
9.11. In the case that this company accepts liability for damages with regard to use of this service, among damages caused by users related to conduct due to negligence (excluding gross negligence), it will not accept any responsibility to compensate for damages which result from special circumstances.
9.12 In the case that this company accepts liability for damages with regard to use of this service, it accepts the obligation to pay reparations with the usage expenses acknowledged by the user in the month the said damages occurred as the limit.
9.13 This company accepts no responsibility for disputes and trouble between the user and other users. In the case that there is trouble between the user and other users, both parties must take responsibility for solving this, and make no demands to this company.
9.14 In the case that the user causes damage to other users in connection with the use of this service, or that a dispute arises with a third party, the user will compensate the related damages or solve the related dispute at their own expense and liability, and will not cause any inconvenience or damage to this company.
9.15 In the case that a claim for damage liability is lodged by a third party due to the conduct of the user, this will be resolved by the user's expenses (legal fees) and liability. In the case that this company has paid compensation for damages to the said third party, the user will pay this company any and all expenses (including legal fees and lost profits) including compensation for damages.
9.16 In the case that the user causes damage to this company in connection with the use of this service, the user will compensate this company (including court costs and legal fees) for the user's expenses and liabilities.
9.17 This company does not guarantee the accuracy of information posted by other users through this service. This company accepts no responsibility for disputes or trouble relating to information appearing in this service.
9.18 Even in the case that links to other websites are provided by this service, this company will not accept any responsibility based upon any kind of reason with regard to other websites.
9.19 This service does not guarantee links relating to outside SNS services. This company accepts no responsibility even in the case that this service cannot be linked with outside SNS services.
10. Publication of advertisements
It shall be deemed that the user understands and consents to the fact that there are cases when various advertisements are included in this service, and when this company or its business partners carry various advertisements. The form and scope of advertisements in this service may be changed by this company at any time.
11. Prohibition of transfer of rights
11.1 Unless the user has previous consent in writing from this company, they must not transfer the status of this agreement as well as full or partial rights or obligations based on this agreement to a third party.
11.2 This company can, at its discretion, transfer all or part of this service to a third party, and in this case, any and all rights relating to this service within the limits of the transferred rights, including user accounts, will be transferred to the transferee.
12. Separability
Even in the case that any clause or section of this agreement is deemed invalid or impossible to enforce by the Consumer Contracts Act or other laws, the remaining stipulations and the remaining part of the stipulations of which a section has been deemed invalid or impossible to enforce will continue to possess complete validity.
13. Methods of contacting this company
Communication with and inquiries to this company by the user with regard to this service will be transmitted from the inquiry form established in the appropriate location within the service, and will be carried out by the methods specified separately by this company.
14. Applicable laws and courts of jurisdiction
14.1 The validity, interpretation, and implementation of this agreement is based on Japanese law, and shall be interpreted in accordance with Japanese law.
14.2 With regard to discussions, litigation, and any and all other disputes between this company and the likes of the user, Tokyo District Court shall be the exclusive agreement jurisdictional court.
Revised January 23rd, 2018
