CaM by Muuseo Terms of Use

These CaM by Muuseo Terms of Use apply when you use CaM by Muuseo. Please make sure to read these ToU before you start to use CaM by Muuseo.

Article 1. About These Terms of Use

These CaM by Muuseo Terms of Use (these “ToU”) set forth the terms and conditions under which you use CaM by Muuseo (the “Service”) provided by Muuseo Co., Ltd. (“Muuseo”).

1. Muuseo may establish individual terms or guidelines regarding the Service separate from these ToU (“Individual Terms”). Those Individual Terms constitute a part of these ToU, regardless of the name of those Individual Terms. If any provision of those Individual Terms conflicts with a provision of these ToU, the provision of those Individual Terms will prevail.
2. By using the Service, you are deemed to have agreed to these ToU.
3. Muuseo may amend or revise these ToU any time at its discretion.
4. Any revised ToU will become effective upon being displayed on the Service’s website, unless otherwise set forth by Muuseo. By using the Service after any revised ToU have become effective, you are deemed to have agreed to those revised ToU.
5. Any acts you have done even before an addition, amendment or revision to these ToU shall be subject to the ToU to which said addition, amendment or revision is made.
6. If any provision of these ToU is deemed invalid, in whole or part, according to the Consumer Contract Act of Japan or other applicable laws or ordinances, the remaining portion of these ToU will remain in full force. If any provision of these ToU is deemed invalid or revoked with a certain User of the Service, said provision will remain in full force with other Users of the Service.
7. Muuseo’s failure to execute or enforce any right set out in these ToU does not mean Muuseo’s waiver of that right.

Article 2. Definition

As used in these ToU, the following terms have the respective meanings set forth below.

1. The term “User” means every person who uses the Service.
2. The term “Applicant” means a User who has filed an application for registration with Muuseo.
3. The term “Registrant” means a person who has registered with the Service by following the procedure specified by Muuseo.
4. The term “ID” means an identifier Muuseo gives to each Registrant.
5. The term “Registration Information” means a nickname, email address, password, sex or other information a Registrant supplies to Muuseo during the procedure for registration or after that Registrant has been registered.
6. The term “Personal Information” means information that identifies a certain individual, including information that can be matched with another information and thereby identifying a certain individual.
7. The term “Registrant Invitation” means an act that a Registrant invites a person who wants to be a Registrant.
8. The Term “Posted Contents” means contents a User posts or otherwise sends through the Service, including but not limited to text, images, videos or other data.

Article 3. Registration

1. An Applicant shall agree to these ToU and follow the registration procedure specified by Muuseo.
2. Muuseo will carry out a necessary review of data entered by an Applicant in accordance with the procedure as stated in the preceding paragraph. An Applicant who is approved by Muuseo will be a Registrant. Muuseo will send notification of registration to an Applicant at the email address entered by that Applicant when applying for registration.
3. Muuseo may review the Registration Information of an Applicant or Registrant whether before or after registration, and refuse to register that Applicant or terminate the registration of that Registrant if:
(1) that Applicant or Registrant does not exist;
(2) that Applicant or Registrant does not have an accessible email address;
(3) that Applicant or Registrant falls under or is likely to fall under any of the items of any of the paragraphs under Article 15 when his application is filed;
(4) that Applicant or Registrant has intentionally entered false information when applying for registration or in his Registration Information;
(5) that Applicant or Registrant is a minor, adult ward, person under curatorship or person under assistance and his adult guardian has not applied registration for and on behalf of him or he fails to obtain consent from his statutory agent, curator or assistant before his registration procedure; or
(6) otherwise Muuseo deems the registration of that Applicant or Registrant inappropriate.
4. Muuseo will assume no liability for any detriment or loss a Registrant may suffer due to incorrect or false Registration Information.

Article 4. Management of Email Address and Password

1. It is a Registrant’s responsibility to manage the email address and password he uses to access the Service.
2. If Muuseo has confirmed by using a given method that an email address and password entered for a certain account of the Service by someone who is logging in matches with the email address and password registered with the Service, Muuseo deems that the legitimate Registrant who holds that account is logging in and using the Service.

Article 5. Handling of Personal Information

Muuseo will, and Registrants agree that Muuseo will, handle Personal Information it has obtained in a proper manner in accordance with the privacy policy established separately.

Article 6. Making a Change to Information Submitted and Cancelling Registration

1. A Registrant shall promptly notify Muuseo of changes, if any, in his Registration Information by following the procedure specified by Muuseo. If a Registrant fails to give such notification, Muuseo will handle his Registration Information as if no change were made to his Registration Information.
2. Muuseo will assume no liability for any delay, non-arrival or non-performance of notification or other acts by Muuseo due to absence of notification from a Registrant as stated in the preceding paragraph.
3. A Registrant may cancel his registration by following the procedure for cancelling registration specified by Muuseo.

Article 7. Untransferable and Personal Registration

1. A Registrant may not assign, sell, or transfer to a third party, or create a security interest over or pledge as collateral, his position as a Registrant or his ID.
2. A registration of a Registrant shall be untransferable and personal to that Registrant. His registration will be terminated when Muuseo learns or could have learned of his death.

Article 8. Communications

1. Muuseo will send an email message to a Registrant at the email address registered by that Registrant if any communication Muuseo believes needs to be sent to that Registrant. Muuseo will assume no liability for any detriment a Registrant may incur due to failure of that Registrant to provide correct contact information to Muuseo.
2. Unless otherwise set forth herein, a Registrant shall use the contact form on Muuseo’s website (**) to communicate with Muuseo. Muuseo will accept no communications from Registrants by phone or by visiting Muuseo’s office in person.

Article 9. Suspension of the Provision of the Service

1． Muuseo may temporarily suspend the provision of the Service, in whole or part, without prior notice to Users if:
(1) regular or emergency inspection is carried out on the communication equipment used to provide the Service;
(2) it is impossible to provide the Service due to fire, power failure or other similar accidents;
(3) it is impossible to provide the Service due to an earthquake, volcanic eruption, flood, tsunami or other natural disasters;
(4) it is impossible to provide the Service due to a war, disturbance, riot, civil commotion, labor dispute or other similar incidents; or
(5) otherwise Muuseo has decided that it needs to suspend the provision of the Service temporarily for an operational or technical reason.
2. Muuseo may, at any time, change the content of the Service or discontinue or cease the provision of the Service without prior notice whenever Muuseo deems it necessary.
3. Unless otherwise set forth herein, Muuseo will assume no liability for any loss or damage a User may incur due to delay in or suspension of the provision of the Service, in whole or part, arising out of any of the items in paragraph 1 or other reason.

Article 10. Preparing Usage Environment

1. A User shall preparer all communication devices, software and other relevant devices necessary to use the Service and make them available at his cost and responsibility. Furthermore, a User shall, at his cost and responsibility, connect to the internet via a telecommunications service or telecommunications line of his choice to access the Service.
2. A User shall maintain security measures appropriate for his usage environment, including prevention of computer virus infection, unauthorized access, and information leakage, by referring to information provided relevant authorities.
3. Muuseo will not involve with, or will assume no responsibility for, any User’s usage environment.

Article 11. Principle of Self-Responsibility

1. A User shall use the Service at his responsibility and assume sole responsibility for any act done by using the Service and any result thereof.
2. A User shall, at his cost and responsibility, resolve any loss or detriment he may inflict on other Users or other third parties or Muuseo by using the Service.

Article 12. Registrant Invitation

1. If a Registrant uses the Registrant Invitation function to invite possible Registrants, he shall invite art collectors based on the understanding that the Service is intended for art collectors.
2. If Muuseo deems that a Registrant has invited a possible Registrant who does not fall under the intended audience of the Service, Muuese may suspend that Registrant’s use of the Registrant Invitation function.

Article 13. Right to Use Posted Contents and Copyright

1. The copyright of a Posted Content shall be in principle retained by a User who has posted that Posted Content.
2. A Registrant shall grant Muuseo the worldwide, royalty-free, non-exclusive, and unlimited license to use, or have any person designated by Muuseo use (or otherwise duplicate, publish, transmit, distribute, assign, lend, translate, adapt, and use for a commercial purpose), any Posted Content posted by that Registrant without restriction on access thereto, for the purpose of soliciting or advertising the Service or other services provided by Muuseo, until the duration of the copyright and any other rights to that Posted Content expires. That Registrant shall not exercise the moral right of author against Muuseo or any person designated by Muuseo.
3. A User warrants to Muuseo that no Posted Content posted by that User is in breach of the copyright, trademark right or other intellectual property rights, moral right of author, right of privacy or other moral rights.
A User shall resolve, at his cost and responsibility, any claim or petition arising out of or in connection with a Posted Content posted by that User that constitutes infringement of a third party’s copyright.
4. Any cost and compensation payable, including attorneys’ fees, Muuseo may incur in connection with the claim or petition as stated in the preceding paragraph shall be borne by that User. Muuseo may charge that User the total sum of such cost and compensation.
5. Muuseo will assume no responsibility to keep and maintain Posted Contents. It is a User’s responsibility to make a backup of Posted Contents he has posted from time to time.
6. Muuseo shall be free to access any Posted Content for the purpose of checking to see whether that Posted Content falls under any of the items prohibited under Article 15 or whenever necessary for operational reasons. If Muuseo deems a Posted Content conflicts with these ToU, Muuseo may render unavailable to the public, or edit or delete the whole or part of that Posted Content. Muuseo shall assume no responsibility to monitor or delete Posted Contents.

Article 14. Muuseo’s Property Rights

1. The property rights to all the information contained in the Service except Posted Contents shall be retained by Muuseo.
2. Any and all contents posted or provided in the Service or advertisements in the Service shall be protected under the Copyright Act, the Trademark Act, and the Design Act of Japan and other applicable laws.

Article 15. Prohibited Acts

1. A User may not do any of the following acts in connection with his use of the Service:
(1) an act in violation of laws and ordinances, or an act in connection with a criminal activity;
(2) an act of sending any information that falls under, or Muuseo believes falls under, any of the following items through the Service to any other User or third party (collectively, “Other Person”):
(3) an act that infringes or is likely to infringe any Other Person’s copyright, trademark right or other intellectual property rights;
(4) an act that infringes or is likely to infringe any Other Person’s property right, right of privacy, right of name, or right of portrait;
(5) provision of a certain individual’s Personal Information;
(6) an act that a User uses more than one ID or that one ID is shared by more than one person;
(7) an act that a person obtains an ID for and on behalf of another person;
(8) an act of discriminating or slandering any Other Person or destroying any Other Person’s reputation or confidence;
(9) an act of falsifying or deleting accessible content or information on the Service or of any Other Person;
(10) an act of impersonating any Other Person, including fabrication of an email header or any other similar part of relevant data;
(11) an act of sending, or allowing Other Persons to receive, a harmful computer program or data;
(12) a political campaign during a pre-election period, electoral campaign or other similar acts, or an act in conflict with the Public Offices Election Act of Japan;
(13) an act of sending Other Persons, without prior consent, email messages for advertising, promotion, or solicitation or that cause or may cause Other Persons to feel disgust; an act of preventing Other Persons from receiving email messages; an act of asking to forward a chain letter or forwarding a chain letter in response to such a request;
(14) an act of putting a heavy load on related servers in excess of normal use of the Service or promoting such an act, or otherwise preventing or impeding operation or provision of the Service or other Users’ use of the Service;
(15) an act of distributing information, devices, software or other tools that deactivate or bypass access control functions on a server or other equipment;
(16) an act of reproducing, amending, reprinting, altering, changing, reverse-engineering, disassembling, decompiling, translating or analyzing a function provided by the Service;
(17) an act of obtaining any Other Person’s Registration Information without obtaining consent from that Other Person in a fraudulent manner, including so-called phishing scams and other similar means;
(18) an act of using the whole or part of the Service for a commercial purpose other than those approved by Muuseo in advance regardless of the way of using the Service, including an act of preparing for such an act;
(19) an act of using the Service without performing procedures required by relevant laws or ordinances, such as notification to a competent authority or obtaining necessary permission or license, or other acts that are in violation of or are likely to violate such relevant laws or ordinances;
(20) an act of interfering with the operation of the Service; an act of interfering with exchanging or sharing information led by any Other Person; or an act of causing detriment to Muuseo or any Other Person, such as destroying confidence or infringing the property rights;
(21) an act that may cause trouble to Muuseo’s operation of business by making a long telephone call or repeating similar inquiries in an excessive manner or otherwise by demanding Muuseo do something Muuseo has no obligation or reason to do;
(22) in addition to the preceding items, an act in violation of applicable laws or ordinances or these ToU or an act in breach of public morality, including an act of sending or displaying information that may promote or provoke violence or a cruel image and an act of finding someone who will commit suicide together with;
(23) an act of providing a link to data that allows the visitors to view an act defined in any of the preceding items which is conducted by that User or any Other Person, for the purpose of promoting said act; or
(24) other acts that Muuseo deems inappropriate for a User to do.
2. A User represents that he is not an organized crime group or boryokudan, a boryokudan member, a person who ceased to be a boryokudan member within the past five years, an associate member of a boryokudan, a business involved with a boryokudan, a corporate extortionist, a blackmailer under the pretext of conducting social campaigns, an organized crime group specialized in intellectual crimes or any other person similar thereto (collectively, a “Boryokudan Member”) or does not fall under any of the following items, and covenants that he will never be a Boryokudan Member or fall under any of the following items:
3. A User covenants that he will never commit or have a third party commit any of the following acts:
4. If Muuseo discovers that a User is a Boryokudan Member or falls under any of the items of paragraph 2 of this Article, or if a User commits an act defined in any of the items in paragraph 3 of this Article, or if Muuseo discovers that a User makes a false statement on the representation and covenants under paragraph 2 of this Article, Muuseo may terminate these ToU without notice and the User agrees to make no demand for loss or damage he may incur due to such termination.

Article 16. Termination of Registration

1. If Muuseo finds that a User has acted in breach of these ToU, Muuseo may, at its discretion and without giving notice to that User, delete or change that User’s Posted Contents, suspend the provision of the Service to that User, terminate that User’s registration, including deactivating that User’s ID, or deny that User’s access to the Service.
2. Muuseo will accept no question or complaint about the disposition carried out by Muuseo in accordance with this Article.

Article 17. Use Restriction

1. Muuseo may limit a User’s use of the Service without obtaining consent from that User if:
(1) Muuseo deems that the involvement of that User in the Service can cause damage to third parties, including the case where that User is infected with a worm virus or that User is on the route of a vast number of outgoing email messages;
(2) that User is unreachable by phone or email;
(3) postal mail Muuseo has sent to that User is sent back to Muuseo; or
(4) in addition to the preceding items, Muuseo deems that there is an urgent need for doing so.
2. Muuseo will assume no liability for any loss or damage a User may incur due to failure to access the Service by that User, which is caused by a limit to the use of the Service Muuseo has imposed on that User in accordance with the preceding paragraph.

Article 18. Disclaimers

1. Muuseo shall in no way be liable for compensation for loss or damage a User may incur from the use of the Service.
2. A User shall resolve, at his cost and responsibility, any dispute that may arise between that User and another User or a third party in connection with the use of the Service. Muuseo will assume no liability for such disputes.
3. Muuseo shall in no way be liable for compensation for loss or damage caused by unavailability of the Service due to a defect, error, or failure that may occur in the Service.
4. Notwithstanding this Article or any other provision of these ToU that stipulates that Muuseo shall be discharged from liability, Muuseo will be, if required, liable for compensation for loss or damage incurred by a User at a maximum of 1000 yen. Further, Muuseo shall assume no liability for compensation for any incidental, consequential, special, or future damage or loss of profit in any case.
5. Muuseo will provide contents and information on the Service on an as-is basis. Muuseo makes no warranty as to the completeness, correctness, applicability, usefulness, availability, safety, certainty or any other nature whatsoever regarding the information provided by Muuseo, text or other Posted Contents registered, sent or published by a User, or other information on any matter such as software.
6. Muuseo will assume no liability for the result of any information or advice that Muuseo may provide for Users from time to time.
7. Muuseo will assume no liability for any damage to data in the Service caused by an external factor.

Article 19. Assignment of Positions under these ToU

1. A User may not assign or transfer to a third party, create a security interest over, or otherwise dispose of its contractual position or rights or obligations under these ToU without Muuseo’s prior consent.
2. In the event of transfer of Muuseo’s business related to the Service to another company, Muuseo may, and a User hereby agrees that Muuseo may, transfer Muuseo’s contractual position, rights and obligations under these ToU and the Registration Information and other information of all Users to that company as the transferee upon the business transfer. The business transfer under this paragraph includes a company split and other cases where said related business is transferred to another entity, as well as normal business transfer.

Article 20. Services under Development

1. Muuseo may provide a service under development as part of the Service or as an independent service.
2. A User understands that Muuseo will provide such a service under development that may, by nature, contain bugs, faults, or malfunctions or otherwise cause such a failure that service is not working properly.
3. Muuseo may, at any time and without prior notice, change the content of, or suspend or discontinue the provision of, such services under development.
4. Muuseo makes no warranty as to the completeness, correctness, applicability, usefulness, availability, safety, certainty or any other nature whatsoever regarding such services under development.

Article 21. Governing Law

These ToU shall be governed by and construed in accordance with the Laws of Japan.

Article 22. Jurisdiction

Any lawsuit arising between a User and Muuseo shall be subject to the exclusive jurisdiction of the Tokyo District Court in the first instance.

Established and implemented on May 21, 2019