Virtual Art Studio Terms of Use

Article 1 (Purpose of this Terms of Use)

• The Terms of Use for Virtual Art Studio (the “Terms”) stipulate the conditions necessary for service members to use the service stipulated in Article 4 (the “Service”) by the service operator, Yuhei Hamada (the ” Operator”), as stipulated in Article 2.
• Service members shall be obligated to comply with the Terms.
• The special terms and conditions the Privacy Policy, and the precautions, etc., separately stipulated by the Operator, displayed on the Virtual Art Studio Website (“Website”), etc., shall be interpreted as an integral part of the Terms, and service members shall be obligated to comply with the comprehensive disciplinary system as an integral part of the Terms (“Terms, etc.”).

Article 2 (Definition of Terms)
The terms used in the Terms shall be defined as follows.

• ①“Service system” refers to the overall system used to provide this service through the site.
• ②“Artist members” are artists who have registered with the service system and use the service after signing up in accordance with Article 3, Section 1.
• ③“Users” refers to those who browse or use the Site.
• ④“User members” are those users who have signed up for the service system and use the service in accordance with Article 3, Section 1.
• ⑤“Artist members” and “user members” are collectively referred to as “service members. “
• ⑥“Virtual Space” refers to the virtual exhibition space created on the Site.
• ⑦“Artwork” refers to works that the Operator or artist members have created themselves, works for which they hold the copyright, or works for which they have obtained a valid usage license from the author or copyright holder (“content”), such as video or image data in digital media that can be uploaded to the virtual space. However, it also includes additional objects that are specifically approved by the Operator.

Article 3 (Conclusion of Contract)

• A contract for the Service shall be concluded when a person who wishes to become a service member (“Applicant”) applies for the Service in the method prescribed by the Operator (including payment procedures) upon approval of the Terms of Use.
• In the event that the Applicant is a minor, the Applicant shall make the application set forth in the preceding section after obtaining the consent of a person with parental authority (including consent to the Terms, etc.). The Operator shall not be responsible for any offer from a minor or their parent or guardian who has applied without such consent, except for legally justified offers.
• In the event that an Applicant falls under any of the following items, the Operator may refuse to grant the consent stipulated in the preceding section.
  
  • ①When the Applicant has declared a false fact.
  • ②The Applicant does not have a valid means of payment as specified by the Operator.
  • ③When it is difficult to provide the Service due to the Applicant’s system environment, etc.
  • ④The Applicant has violated the contract with the Operator in the past.
  • ⑤The Operator deems the applicant to be inappropriate.

Article 4 (Services)

• Artist members are entitled to the following services.
  
  • ①To secure a dedicated exhibition space (“dedicated space”) in the virtual space.
  • ②To exhibit their own artworks in the dedicated space according to the exhibition plan specified by the Operator.
  • ③To communicate with users or user members who access the dedicated space in a manner prescribed by the Operator.
  • ④To be the seller of the art work exhibited in the dedicated space with the user member.
  • ⑤To receive other services provided by the Operator.
• Users can view artworks registered on the Site, communicate with artist members, and receive other services provided by the Operator.
• In addition to the preceding section, user members may become buyers of artworks registered by artist members in sales transactions conducted with artist members.
• Service members may view videos, images, etc. registered on the Site by the Operator, and may also receive services announced by the Operator from time to time.

Article 5 (Service Fees)

• Artist members shall pay the Operator’s prescribed service fees for the services stipulated in Article 4, Section 1.
• In the event that a user member becomes the buyer of a sales transaction as outlined in Article 4, Section 3, the user member shall pay the purchase price based on the price set by the artist member for that sales transaction. In the event that the Operator has established and announced service fees for user members, user members shall pay such fees.
• Service members shall make the payments described in the preceding two sections by credit card or bank transfer in accordance with the procedures of the settlement service provider designated by the Operator. In this case, service members shall comply with the contract stipulated by the relevant settlement service provider.

Article 6 (Intellectual Property Rights)

• In principle, copyrights and other intellectual property rights for artworks belong to the artist member, as long as there is no infringement on the rights of a third party.
• The rights that are transferred from artist members to user members through the sales transactions stipulated in Article 4.1.4 and Article 4.3 are not the intellectual property rights mentioned in the preceding section, but rather the usage rights of the said intellectual property rights.
• In this case, the usage rights do not include the right to alter the artwork. Notwithstanding the preceding two sections, this shall not apply in the event that the transfer of the intellectual property rights has been expressly agreed upon, in particular in individual negotiations between the seller and the buyer. In such cases, the Operator shall have no knowledge of the rights involved.

Article 7 (Prohibited Matters)
The Operator shall prohibit all users, including service members and users, from the following matters.

• ①Unauthorized use, misuse, or reproduction of content published on the Site, writing outside the Site, posting without permission, or posting on social networking sites.
• ②Making excessive or obviously defamatory comments to artist members.
• ③Canceling purchases of artworks after they have been made without a valid reason.
• ④Buying artworks for the purpose of resale to a third party or opening an auction.
• ⑤Soliciting or drawing out artist members more than necessary.

Article 8 (Precautions)

• The Operator will not be involved in any negotiations regarding the sale or purchase of artworks or requests for work directly through the SNS or websites of artist members, and will not be held responsible for any problems that may arise as a result.
• Artist members who wish to conduct mail order sales of artworks must display the information required by Specified Commercial Transaction Act in a dedicated space or attach a link to their own website.
• In principle, all artworks displayed in the virtual space by artist members must be created or copyrighted by the artist members themselves.
• Regardless of the preceding section, if an artist member wishes to display a work of art that has been given to them, or a work of art that is copyrighted by a third party, it is necessary to obtain the prior consent of the transferor or copyright holder.
• Artwork in violation of the preceding two sections will not be accepted by the Operator. The Operator will not be held responsible for any problems that may arise from such exhibits.
• The service fee set forth in Article 5, or the cancellation or return of a purchase or sale transaction set forth in Article 4.1.4 and 4.3, cannot be accepted, except in cases of intentional or gross negligence on the part of the Operator.
• The Operator may immediately suspend the use of the service if the Operator detects a person who has caused trouble regarding the Terms, other users, or service members, or who has committed a similar act.

Article 9 (Rules of Self-Responsibility)

• Service members and Users shall, in the event that they are notified of a claim from a third party regarding their actions, handle and resolve the said claim at their own responsibility and expense.
• Service members shall be responsible for the management of their IDs, passwords, or email addresses for using the Service, and the Operator shall not be held liable for any damages incurred by Service members due to the use of these by a third party.
• Service members and Users shall be responsible for resolving, at their own responsibility and expense, any damage caused to a third party due to reasons attributable to them, or any claims or other demands made by a third party in connection with the use of the Service.

Article 10 (Physical Security Management Measures)

• The Operator shall endeavor to take the security measures prescribed by the Operator for the Service System, but shall not guarantee in any way that unauthorized access to or use of the Service System will be completely prevented.
• The Operator shall not be held liable for any damages incurred by Service members or Users due to the vulnerability of the computers or software they use.

Article 11 (Handling of Personal Information, etc.)
The Operator shall handle personal information, etc. in accordance with the Privacy Policy separately established.

Article 12 (Disclaimer)
The Operator shall not be liable for any problems caused by the following　matters :

• ①Planned maintenance of the service system.
• ②Emergency maintenance of the service system.
• ③Natural disasters such as earthquakes, typhoons, floods, and storms.
• ④Attacks from third parties such as cyber-attacks.
• ⑤Other events that occur which do not include the Operator’s gross negligence.

Article 13 (Prohibition of Transfer of Rights, etc.)
Service members shall not transfer or lend their rights and obligations under these Terms to a third party.

Article 14 (Exclusion of Antisocial Forces, etc.)

• Service members shall not allow themselves or their officers (regardless of name, counselors, advisors, employees executing operations, or other persons deemed to be participating in management in fact) and employees (persons who have authority over operations that have a significant impact on the interests of the business, or who act on its behalf) to become involved with any of the parties listed in the following items (“Anti-Social Forces, etc.”), and represent and warrant that they do not, and will not, fall under any of the following categories (“antisocial forces, etc.”), and that they do not, and will not, have any relationship with antisocial forces, etc.
  
  • ①Organized crime groups (boryokudan), organized crime group members (boryokudan-in), quasi), quasi-members of an organized crime group (boryokudan junkouseiin), related companies of an organized crime group (boryokudan-kankei kigyo), corporate racketeers (Sokaiya), etc, a rogue person or group proclaiming itself as a social or political activist (Shakai undo etc. hyobo goro), special intellectual violent organizations who use Boryokudan or their relationships with Boryokudan to engage in violent, unlawful, etc., acts (Tokushu chino boryoku shudan, etc), or their equivalents.
  • ②Any person who has a close, personal, capital, or economic relationship with any of the parties listed in the preceding item, such as by providing funds or favors, or by using the Service Member for the purpose of gaining unfair advantage.
• Service Members shall make a commitment to the other party that they will not use themselves or a third party to perform any of the following acts.
  
  • ①Acts of fraud, violent acts, or threatening words.
  • ② Illegal acts or acts of unreasonable demands.
  • ③Interference with business.
  • ④Acts that damage the reputation or credibility of the company.
  • ⑤Acts equivalent to the preceding items.

Article 15 (Cancellation)
Service members may cancel their subscription to this service by completing the prescribed procedures within the period of time specified by the Operator. In this case, no refunds will be made for usage fees already received by the Operator or artist members. In addition, service fees will not be calculated on a daily basis.

Article 16 (Termination)
The Operator reserves the right to terminate service contracts for service members who fall under any of the following conditions.

• ①When the service member has violated, or is likely to violate, Article 13.
• ②When the service member falls under or violates, or is likely to fall under any of the items of Article 3, Section 3, Article 7, or Article 8.
• ③When a draft or check is dishonored.
• ④When a petition for seizure, provisional seizure, provisional disposition or auction is filed, or when tax delinquency disposition is received.
• ⑤When bankruptcy proceedings are commenced, specified conciliation proceedings are commenced, corporate reorganization proceedings are commenced, or civil rehabilitation proceedings are commenced, or other similar bankruptcy proceedings are commenced.
• ⑥When a petition for commencement of proceedings is filed, or when the company enters liquidation.
• ⑦When the company is dissolved or intends to transfer all or a significant part of its business to a third party.
• ⑧When the business is cancelled or suspended by the supervising ministry or agency, or when the business is about to be transferred or closed.
• ⑨When it is expected that the company will not be able to fulfill the Terms.
• ⑩When the company violates the representations and warranties set forth in the Terms.
• ⑪When the service member does not perform his/her obligations under the Terms and does not perform them within a reasonable period of time despite being notified by the Operator.

Article 17 (Abolition of the Service)
The Operator may discontinue providing the Service. In such a case, the Operator shall make a public announcement to that effect with a certain period of notice.

Article 18 (Revision of the Terms)

• The Operator shall have the right to revise the Terms at any time.
• In the case of the preceding section, the Operator shall announce the contents of the revised Terms to subscribers by posting them on the Website.

Article 19 (Dealing with situations not stipulated in the Terms)
The Operator shall have the right to take strict, timely, and appropriate actions in accordance with the following events when they occur:

• ①A situation related to a matter that is not stipulated in the Terms.
• ②Circumstances that cannot be resolved by the provisions of the Terms.
• ③Circumstances that cannot be foreseen at the time of the establishment of the Terms.

Article 20 (Agreed Jurisdiction, etc.)
The Terms shall be governed by and construed in accordance with the laws of Japan, and the Chiba District Court shall have exclusive jurisdiction as the court of first instance over any litigation relating to these Terms and Conditions.

Enacted on April 17, 2020