Re:Earth Marketplace Terms of Service
If there are any differences between this and the Japanese, the Japanese text is the legal definition.
Chapter 1 General Provisions
Chapter 2 User Agreement
Chapter 3 Developer Agreement
Chapter 1 General Provisions
Article 1 (Purpose)
These Terms and Conditions define the terms and conditions of use of the "Re:Earth Marketplace" (hereinafter referred to as the "Marketplace") operated by Eukarya Corporation (hereinafter referred to as the "Company").
If you wish to use the Marketplace, please read the full text of these Terms of Service before using the Marketplace, and agree to these Terms of Service before starting to use the Marketplace.
If a person who wishes to use the Marketplace is a minor, he/she must obtain the consent of a person with parental authority or other legal representative in order to agree to these Terms and Conditions and start using the Marketplace, and the minor's agreement to these Terms and Conditions shall be deemed to be the consent of his/her legal representative.
Article 2 (This Marketplace)
In this Marketplace,Third parties other than the Company (hereinafter referred to as "Developers") may sell plug-ins for the online service "Re:Earth" operated by the Company (hereinafter referred to as the "Service") (hereinafter referred to as "Eligible Products") in the Marketplace by themselves, and offer them directly to users of the Marketplace (hereinafter referred to as "Users").
The User may install the Target Product provided by the Developer on the Service and evaluate such Target Product in the Marketplace.The Marketplace provides a "venue" for Developers to offer Target Products to Users, and all transactions between Developers and Users on the Marketplace are conducted directly between Developers and Users. The Company shall not be a party to any transaction in the Marketplace and shall not be liable for any such transaction.
The Company may, at its sole discretion, determine the listing location, search ranking, etc. of the Target Product in the Marketplace based on the evaluation of the Target Product by users, the number of downloads, etc. The Company shall not be held responsible for any such transactions.
Article 3 (Management of the Marketplace Environment)
Developer and User shall, at their own expense and responsibility, provide all necessary equipment, communication means, and means of transportation (hereinafter referred to as the "Marketplace Environment") for the use of the Marketplace. Developer and User shall bear all communication costs required to use the Marketplace.
Developers and users shall be responsible for managing this Marketplace environment. Developers and users shall be responsible for any damages caused by inadequate management of this Marketplace environment, errors in use, use by third parties, etc., and we shall not be liable for any such damages.
Article 4 (Suspension or Interruption of the Marketplace)
In any of the following cases, the Company may suspend or discontinue the Marketplace, in whole or in part, without prior notice to Developers and Users.
When performing system inspection or maintenance necessary for the provision of the Marketplace.
In the event of outage of systems or communication lines, etc. necessary for the provision of the Marketplace.
When the provision or use of external systems necessary for the provision of the Marketplace is interrupted.
In the event that the operation of this Marketplace becomes difficult due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, spread of disease, or natural disasters.
When the provision of this service is suspended or interrupted.
In any other cases where we deem it necessary to suspend or discontinue the Marketplace.
The Company shall not be liable for damages incurred by Developer or User as a result of actions taken by the Company pursuant to this Article.
Article 5 (Prohibitions)
The Company prohibits the following acts by Developers and Users in using the Marketplace
Violation of these Terms of Service.
Infringement of the intellectual property rights, patents, utility model rights, design rights, trademarks, copyrights, portrait rights, or other proprietary or personal rights of the Company, the Company's licensors, or any third party, or any action that may infringe on such rights.
Actions that cause or may cause disadvantage or damage to the Company or third parties.
Actions that unfairly damage or threaten to damage the honor, rights, or credibility of others.
Actions that violate laws, regulations, or ordinances.
Acts that offend or may offend public order and morals, or acts that provide information to third parties that may offend public order and morals.
Criminal acts, acts that lead to or encourage criminal acts, or acts that may lead to or encourage criminal acts.
Unauthorized access to the Company's system, falsification of program code associated with such access, intentional misrepresentation, cheating using the specifications of communication devices or other applications, distribution of computer viruses, or other acts that interfere or may interfere with the normal operation of this Marketplace.
Analyzing, disassembling, decompiling, disassembling, reverse engineering, or any similar acts.
Acts that damage or may damage the credibility of this Marketplace.
Using another user's account information or other methods to impersonate a third party in order to use this Marketplace.
Direct transactions without using the Marketplace, or acts of soliciting such transactions.
Actions related to criminal proceeds or terrorist financing, or actions that are suspected of being related to criminal proceeds or terrorist financing.
Other acts that we deem inappropriate.
If the Company deems that the Developer's or User's conduct falls under any of the items in the preceding paragraph, the Company may take any or all of the following actions without prior notice.
Restriction of use of the Marketplace.
Suspension of provision of the Marketplace.
Any other action that the Company reasonably deems necessary.
Article 6 (Discontinuation of Provision of this Marketplace)
If a Developer or User falls under any of the following items, the Company may discontinue provision of the Marketplace without any notice, etc.
When the use of the Service is restricted.
When a minor uses this Marketplace without the consent of a legal representative.
When an adult ward, person under curatorship, or person under assistance uses this Marketplace without the consent of the adult guardian, person under curatorship, or person under assistance.
When a person does not respond in good faith to a request from the Company.
In the event that the Company otherwise deems inappropriate.
Article 7 (Non-warranty and Disclaimer)
The Company makes no warranty with respect to the Marketplace or the subject merchandise displayed in the Marketplace, including but not limited to the warranty of content, results of use, accuracy, fitness for a particular purpose, feasibility of function, liability for noncompliance with contract, and noninfringement of intellectual property rights of any third party. We make no warranty of any kind with respect to the Marketplace or the subject merchandise to be listed on the Marketplace. We also do not warrant that the Marketplace will be free from interruption, suspension, or any other failure.
The Company may provide a function in the Marketplace that allows users to rate the target products and users and Developers to send comments to each other about the target products. The ratings and comments on the Products displayed on the Marketplace through such functions are created and posted by Users or Developers. We do not guarantee the accuracy, truthfulness, reliability, completeness, or any other aspect of such ratings and comments.
Developers and users shall use this Marketplace within the scope of laws and regulations. The Company shall not be liable for any infringement of Japanese or foreign laws and regulations by Developer or User in connection with the use of the Marketplace.
If any dispute or problem arises between a User and a Developer in connection with the use of the Marketplace or the applicable Product, the Company shall not be liable for such dispute or problem, and the dispute or problem shall be resolved between the User and the Developer.
If a third party makes a claim, demand for damages, file a lawsuit, or any other claim or allegation against the Company in connection with the Developer's or User's use of the Marketplace, the Developer and User shall properly handle such claim or allegation at their own expense and responsibility. Developer and User shall, at their own expense and responsibility, properly handle such claims and allegations and compensate the Company for any amount of money the Company is forced to pay to such third party.
Article 8 (Liability for Damages)
Developer and User shall indemnify the Company for any damages (including lost profits and attorney's fees) incurred by the Company in the event that Developer or User causes damage to the Company in connection with a breach of these Terms of Use or use of the Marketplace.
This company shall not be liable for any and all damages incurred by Developers or Users arising from the use of the Marketplace by Developers or Users, except in cases of willful misconduct or gross negligence on the part of This company. If the Company is willful or grossly negligent, the Company shall be liable to compensate for such damages up to 10,000 yen.
Notwithstanding the preceding paragraph, in the event that a contract between a Developer or User and the Company regarding the Marketplace constitutes a consumer contract as defined in the Consumer Contract Act, the Company shall be liable for compensation for such damages only to the extent specified in the following items.
In the event of intentional or gross negligence of the Company: the full amount of such damages.
In the event of our slight negligence: The amount of damages shall be within the scope of ordinary damages (excluding special damages, lost profits, indirect damages and attorney's fees) actually and directly incurred by us, and shall be limited to 10,000 yen.
Article 9 (Change or Abolition of this Marketplace)
The Company may change the Marketplace at any time. The Company shall not be liable for any changes to the Marketplace.
The Company may discontinue the provision of the Marketplace when the Company reasonably determines that the provision of the Marketplace should be discontinued. The Company shall not be liable for the discontinuation of the Marketplace.
Article 10 (Response to Inquiries)
Developers and users may submit inquiries regarding the Marketplace by using the inquiry form on the Marketplace. Although we will endeavor to respond to inquiries from Developers and Users regarding the Marketplace, we are under no obligation to do so, except in cases where we are obligated or liable under the law or these Terms and Conditions.
This company shall not be obligated to disclose the criteria for whether or not to respond to inquiries from Developers and users.
Inquiries regarding the terms and conditions for the provision of Qualifying Products in the Marketplace, information regarding Qualifying Products, and other matters related to the provision of Qualifying Products shall be made directly by the User to the Developer's contact information displayed in the Marketplace. The Developer shall respond to such inquiries directly to the user at its own responsibility. We shall not be responsible for the content of such a response.
Article 11 (Intellectual Property Rights)
All copyrights, patent rights, utility model rights, trademark rights, design rights, and all other intellectual property rights and the right to obtain registration of such rights (hereinafter collectively referred to as "Intellectual Property Rights") related to all information and content provided in this Marketplace, regardless of the method or form, shall belong to the Company or the licensors licensed by the Company, and shall not belong to Developer or User. Developer and User shall not copy, distribute, reproduce, reprint, transfer, publicly transmit, modify, adapt or otherwise make secondary use of Company Content, regardless of whether or not the Intellectual Property Rights exist, except as expressly permitted in these Terms of Service.
Notwithstanding the preceding paragraph, the intellectual property rights to the subject merchandise belong to the Developer.
The Developer grants to SBM a non-exclusive, worldwide license to use (including the right to sublicense) the intellectual property rights related to the Subject Product to the extent necessary to operate, provide, maintain, and advertise the Marketplace and the Service.
the Developer grants you a worldwide, non-exclusive, sublicense-free right to use the Products exclusively on the Services in accordance with the terms and conditions set forth by the Developer in the Marketplace.
Article 12 (Confidentiality)
Developer and User shall strictly and properly manage the Company's confidential information, including know-how related to the Marketplace, information on the Company's systems, and any and all technical or business confidential information, obtained in connection with the provision of the Marketplace, and shall not disclose, provide, or divulge such information to any third party without the Company's prior written consent.
The following information shall not constitute confidential information.
Information that was already in the possession of the Company at the time of disclosure.
Information that was already in the public domain at the time of disclosure, or information that subsequently became public knowledge for reasons not attributable to the company.
Information lawfully obtained from a third party after the disclosure.
Information that has been independently developed or created without the disclosed confidential information.
Information that is required to be disclosed by law or court order.
Developer and User shall not reproduce the Confidential Information except with the prior written consent of the Company.
Developer and User shall promptly return or dispose of the Confidential Information and its duplicates in accordance with the Company's instructions after restoring them to their original state in the event that the Company instructs them to do so or the provision of the Marketplace is discontinued. Developer and User shall not use them thereafter.
Developer and User may use the Company's Confidential Information only to the extent necessary for the purpose of using the Marketplace.
Article 13 (Personal Information)
The Company shall properly handle personal information of Developers and Users in accordance with the Company's Privacy Policy.
Article 14 (Exclusion of Anti-Social Forces)
Developer and User represent that they do not currently fall under the following categories: organized crime groups, members of organized crime groups, persons who have not been a member of organized crime groups for less than 5 years, quasi-constituents of organized crime groups, companies affiliated with organized crime groups, general assemblymen, etc., socially motivated groups, or special intelligence groups, and other persons equivalent thereto. Developer and User represent that they do not fall under any of the following categories. (These undesirable elements are hereinafter referred to as "Boryokudan-in etc.")Developer and User represent and warrant that they do not fall under any of the following items and will not fall under any of the following items in the future.
Having a relationship in which the company is recognized as being under the control of a member of organized crime groups, etc.
To have a relationship in which it is recognized that Boryokudan-in etc. are substantially involved in the management.
To have a relationship that is deemed to be an unjustified use of Boryokudan-in etc., such as for the purpose of pursuing unjust profits for oneself, one's own company, or a third party, or for the purpose of inflicting damage on a third party.
To have a relationship that is recognized as being involved in providing funds, etc. or benefits, etc. to Bouryokudan-in etc.
To have a socially reprehensible relationship with Bouryokudanin, etc. in which an officer or a person substantially involved in the management of the company is a Bouryokudanin, etc.
Developer and User shall ensure that they do not commit any of the following acts by themselves or through the use of a third party.
Violent acts of demand.
Unreasonable demands beyond legal responsibility.
Threatening words or deeds or using violence in connection with a transaction.
Acts of spreading rumors, using deceptive means or force to damage the other party's credibility or obstruct the other party's business
Other acts similar to the preceding items.
The Company shall not be liable to in the event that a Developer or User satisfies one or more of the following conditions, the Company may discontinue providing the Marketplace without any notice to the Developer or User, regardless of whether or not the reason is attributable to the Developer or User.
If a Boryokudanin, etc. or any of the items of Paragraph 1 applies to the Developer or User.
If the Developer or User commits any act that falls under any of the items of Paragraph 1, Paragraph 2, or Paragraph 3.
If it is found that the Developer or User has made a false declaration with respect to the representations and warranties under the provisions of Paragraph 1.
Developer and User acknowledge and agree that in the event that This company discontinues provision of the Marketplace pursuant to the preceding paragraph, This company shall not be liable to compensate Developer or User for any damages incurred by Developer or User.
Article 15 (Assignment of Status, etc.)
Neither the Developer, User, nor the Company may assign, transfer, grant security over, or otherwise dispose of to a third party all or part of their status under this Agreement or their rights or obligations under this Agreement without the prior written consent of the other party. However, this shall not apply in the event of a stock transfer or business transfer, merger, corporate split or other reorganization of the Company.
Article 16 (Severability)
Even if some of the provisions of this Agreement are determined to be invalid under laws and regulations, the other provisions of this Agreement shall remain valid.
If any provision of this Agreement is held invalid or revoked in relation to a Developer or User, this Agreement shall remain valid in relation to other Developers and Users.
Article 17 (Application of these Terms and Conditions)
The Company may modify this Agreement at any time in accordance with the provisions of Article 548-4 of the Civil Code, if any of the following items applies. After the Terms and Conditions have been modified, the modified Terms and Conditions shall apply to this Agreement.
When the modification of these Terms and Conditions is compatible with the general interests of Developers and users.
When the modification of these Terms and Conditions is not contrary to the purpose for which the agreement was made and is reasonable in light of the necessity of the modification, the reasonableness of the modified content and its contents, and other circumstances pertaining to the modification.
In the event of modification of the Terms of Service, the Company shall specify the effective date of the modified Terms of Service and notify Developers and Users of the contents and effective date of the modified Terms of Service at least two weeks prior to the effective date, by displaying the modified Terms of Service on the Service or by other methods prescribed by the Company.
Notwithstanding the provisions of the preceding two paragraphs, if a Developer or User uses the Service after the changes to the Terms of Service have been made known to the Developer or User, and if the Developer or User fails to cancel the Service within the period specified by the Company, the Developer or User shall be deemed to have agreed to the changes to the Terms of Service.
Article 18 (Governing Law)
The laws and regulations of Japan shall apply to all matters relating to this Agreement.
Article 19 (Agreed Jurisdiction)
The Tokyo District Court shall have exclusive jurisdiction in the first instance over any litigation between the Company and a User or between the Company and a Developer in connection with the Market.
Chapter 2 User Agreement
Article 20 (Application)
The provisions of this chapter apply only to the User.
Article 21 (Installation of Qualifying Products)
Users may install Qualifying Products provided by the Developer in the Marketplace in accordance with the procedures set forth by the Company.
The User shall use the installed Qualifying Products only on the Service.
Users shall not distribute, provide, sell, transfer, or lend the installed Target Product to any third party.
Article 22 (Uninstallation of Eligible Products)
A User may uninstall a Product in the workspace of the Service.
The User may reinstall the uninstalled Products on the Marketplace. However, reinstallation is not guaranteed without limitation, and reinstallation may become impossible if the Developer terminates the provision of the Product, or if the Company restricts the provision of the Product on the Marketplace, etc.
Chapter 3 Developer's Agreement
Article 23 (Application)
The provisions of this Chapter shall apply only to the Developer.
Article 24 (Uploading Qualifying Products)
Developers may upload Qualifying Products to the Marketplace in compliance with these Terms and our instructions.
A Developer may not upload to the Marketplace any of the following as a Qualifying Product.
For which the Developer itself does not own the intellectual property rights, or for which the Developer has not obtained an appropriate license to use the intellectual property rights from a third party.
That which is offensive to the law or public order and morals.
That which contains or encourages sexual content, profanity, or violent expression.
That which promotes discrimination based on religion, politics, race, creed, occupation, gender, etc.
That which leads to child pornography, child abuse, or other acts that endanger children.
That which leads users to services, websites, etc. unrelated to the Services or the Marketplace.
That which endangers or may endanger the Service, the Marketplace, our facilities, or the user's terminal.
That which is otherwise unsuitable for the Service or the Marketplace.
Developer shall be responsible for properly disclosing to User the necessary information regarding the Covered Product when uploading such Covered Product.
Article 25 (Deletion or Suspension of Publication of Covered Product)
Developers may remove or suspend the release of his/her Qualifying Product from the Marketplace at any time, and cease or suspend the provision of the Qualifying Product thereafter.
In the event that the Company, at its discretion, determines that a Product falls under any of the items of Paragraph 2 of the preceding Article, the Company may remove the Product from the Marketplace, suspend its release, or take any other appropriate measures. In no event shall Company be liable to the Developer for removing or suspending the release of the Product from the Marketplace or taking any other appropriate action.
This Company shall have no obligation to monitor the subject product, and failure to take the measures set forth in the preceding paragraph for the subject product shall not constitute an acknowledgment that such product does not fall under any of the items of Paragraph 2 of the preceding Article.
Article 26 (Inquiries about the subject product)
The Developer is responsible for responding appropriately and taking any necessary action in response to inquiries from the User regarding the subject product.
Article 27 (Decree Compliance)
Developer warrants that it has complied with all applicable laws, regulations, guidelines, etc. in providing the subject Product and using the Marketplace, and that it is not currently or in the past under suspension of business, revocation of business license or registration, guidance or investigation by any regulatory authority or administrative agency. The Developer also assures that these conditions will continue in the future.
Article 28 (Handling of Posted Information)
Developer grants us free of charge to use Developer's name, logo, etc. in all results to the extent necessary for advertising in the Marketplace, posting in the Marketplace, and other operations of the Marketplace.
We may have users evaluate the products in the Marketplace, and may post the results of such evaluation in the Marketplace.
September 21, 2022: Enacted and enforced