B with U Terms of Use

Article 1 (Regarding these Terms)

  1. These Terms of Use (hereinafter referred to as "Terms") are used by BMSG and the Member as the terms and conditions for the use of "B with U" (hereinafter referred to as "The Service") provided by BMSG Inc. (hereinafter referred to as "BMSG"). The Service is hosted by Shopify Inc. Shopify Inc. offers BMSG an online e-commerce platform for selling products and services.
  2. These Terms and Conditions set out the terms of use of this Service, and members must use this Service in accordance with these Terms and Conditions.
  3. Each time a member uses this service, he or she must check the information provided by this service, precautions, etc. Furthermore, by using this service, members agree to all the contents of these Terms and Conditions.
  4. If there are any provisions of these Terms and Conditions that do not actually apply to members because the service has not yet been started, they will apply from the time they become applicable in the future.
  5. If the member is a minor, the consent of the member's legal representative must be obtained.Please use this service.

Article 2 ( Individual terms）

  1. In addition to these Terms, if there is a document in place where BMSG has set out the terms of use and rules for use of this Service (hereinafter referred to as "Individual Terms" and together with these Terms, "Terms, etc."), regardless of guidelines, policies, or other names, members must use the Service in accordance with the provisions of the Individual Terms and Conditions as well as the provisions of the Individual Terms and Conditions.
  2. If there is a conflict of conflict between these Terms and the Individual Terms, the provisions of the Individual Terms will apply in priority. 

Article 3 (Changes to these Terms and Conditions)

  1. If BMSG deems necessary, BMSG may change these terms and conditions at any time by agreeing to the member individually.
  2. BMSG may change these Terms and Conditions, etc. in accordance with Article 548-4 of the Civil Code.
    1. When changes to these Terms and Conditions are in line with the general interests of the Members
    2. If the changes to these Terms and Conditions are not violated to the purpose of the contract and are reasonable in light of the necessity of the change, the appropriateness of the contents after the change, and other circumstances related to the changes.
  3. If BMSG changes these Terms, etc. in accordance with the previous section, BMSG will notify you of the changes to these Terms, etc. on the BMSG website at least one month before that, and the contents of these Terms, etc., as well as the date when it will take effect. If BMSG announces the contents of these Terms and Conditions after the changed version of the Terms and Conditions have passed, and the member uses the Service after the modified version of these Terms and Conditions has come into effect, the member will be deemed to have agreed to the changed Terms and Conditions. If a member does not agree to the revised Terms and Conditions, etc., they may not use the Service any further.

Article 4 (Notice)

  1. BMSG will notify Members of the necessary information in any mail from BMSG, email, or display it on the website operated by BMSG and on the dedicated application of the Services, or in other ways that BMSG deems appropriate.

Article 5 ( Application and approval）

  1. Those who wish to use this service will agree to the contents of these terms and conditions and apply for use in the manner set by BMSG. In addition, those who apply for use (hereinafter referred to as "Application Person") will become members upon BMSG's approval of the application.
  2. If the applicant determines that the application falls under any of the following items, BMSG may not approve the use of the Service or revoke the approval later.
    1. If the applicant applies for use without using the method described in the previous paragraph
    2. If the applicant is not the person who uses this service
    3. If the applicant has previously been restricted from using this service due to a violation of these Terms and Conditions.
    4. If the applicant is a member of an anti-social force or a related party
    5. If it is found to be false in the application details
    6. If the applicant does not exist
    7. Other cases where BMSG deems inappropriate

Article 6 ( account）

  1. Members may not have multiple accounts for the Service. Additionally, multiple people may not share a single account on the Service.
  2. When registering your ID, email address, or password when using this service, members must strictly manage this at their own risk so that they do not unauthorized use. BMSG may consider any acts carried out using a registered ID, email address, or password as the act of the member.
  3. If there is a risk that your account is being used illegally by a third party, you will immediately contact BMSG and follow BMSG's instructions if there is a BMSG instructions.
  4. Members who have registered for this service can delete their account and cancel their membership at any time using the BMSG method.
  5. BMSG may delete accounts that have been accessed for more than one year or more since their last access without prior notice to members.
  6. All rights to use the Services by Members will disappear when your account is deleted, regardless of the reason. Please note that even if a member accidentally deletes his account, the account cannot be restored.
  7. Accounts for this service belong to the members exclusively. All rights to use the Services of Members may not be transferred, loaned or inherited to a third party.

Article 7 (Using this Service)

  1. Members use this service at their own risk and are responsible for any actions and consequences performed in this service.
  2. Members will properly maintain computers, digital devices and other devices, software and communication methods necessary to use the Services, at their own risk and expense. In addition, we will register for social media that links with this service at our own risk.
  3. Depending on the environment in which you use the service, the Member will take security measures such as preventing computer virus infection, unauthorized access and information leakage, and BMSG will not be involved in the environment in which the Members use is used, nor will they be responsible for any responsibility.
  4. BMSG may provide all or part of this Service exclusively to members who meet the age, whether or not they have identity verification, whether or not they have registered information, and other conditions that BMSG deems necessary.
  5. BMSG makes no warranty of any kind regarding the completeness, accuracy, usefulness, availability, safety, certainty, fitness for a particular purpose, etc. of the Service. BMSG is not obligated to repair any bugs or other defects in this Service.
  6. If BMSG deems necessary, it may change the content of all or part of the Service at any time, or discontinue its provision, without prior notice to the Members.

Article 8 (Sales of Products)

  1. This service may sell artist goods and other products. In the case of product sales for this service, a sales contract will be concluded when a member applies to BMSG for a purchase and BMSG notifies him that he has agreed to the application. In addition, ownership of the product will be transferred to the member when BMSG delivers the product to the delivery company.
  2. If a member falls under any of the following circumstances, BMSG may terminate the sales contract concluded with the member without prior notice to the member.
    1. If a member violates these terms and conditions
    2. If delivery is not completed due to unknown delivery address or long-term absence
    3. In other cases, if it is deemed that the relationship of trust between the company and the member has been damaged
  3. Payment methods, shipping methods, cancellation or return methods for product sales for this service will be determined separately by BMSG.

Article 9 (Usage Fees)

  1. BMSG determines the fee for this service separately. BMSG may change the usage fee by notifying the members in advance, and if the member does not agree to this, they may not use the Service any further.
  2. BMSG may set up multiple courses with different service content for this service, and may set usage fees for each course. Depending on the courses selected by the member, some of the services may not be available.

Article 10 (Services of other businesses)

  1. The Services may contain services or content provided by other businesses. Responsibility for such services or content is the operator that provides it. In addition, such services or content may be subject to terms of use and other conditions set forth by the operator that provides them.

Article 11 (Content)

  1. BMSG grants members a non-exclusive right to use the Services for content provided by BMSG (not including products sold to members as defined in Article 7; the same applies in this Article). If a member uses content that has separate terms of use such as usage fees and period of use, he or she will comply with these terms of use. Even if "Purchase" or "Sales" are displayed on the screen of this service, intellectual property rights and other rights regarding the content provided by BMSG to members will not be transferred to the member, and only the right to use the service will be granted to the member.
  2. Members may not use the content provided on this Service in a manner that infringes the rights of BMSG or other third parties (including copyright, adjacent copyright, publicity rights, and any other rights).
  3. Members must back up any content that members register, submit, or post on this Service (hereinafter referred to as "Submitted Content"). BMSG is not obligated to back up any posted content.
  4. Members will retain the rights to the Submitted Content as before and will not acquire such rights by BMSG. However, only the submission content that has been published to the public, the survey, ideas and voting content that you submit will be granted to BMSG free of charge, indefinitely, without limitation, local restrictions, to use it for services and promotions (including the right to omit or otherwise make changes to the extent that BMSG deems necessary and appropriate).
  5. BMSG can check the contents of posted content if it is necessary to check compliance with laws, regulations, or these Terms, etc. However, BMSG is not obligated to perform such verification.

Article 12 (Privacy)

  1. BMSG handles member privacy and personal information appropriately in accordance with BMSG's privacy policy.

Article 13 (Prohibited Matters)

  1. When using this service, members must not engage in any of the following actions falling under the following items:
    1. Business, advertising, advertising, solicitation, or other activities for commercial purposes (excluding those approved by BMSG).
    2. Acts intended for sexual or indecent acts
    3. Acts that aim to meet or date a person of the opposite sex you don't know
    4. Harassment, slander, threatening, stalking other members
    5. Unauthorized collection, disclosure or provision of other people's personal information, registration information, usage history information, etc.
    6. Acts that intentionally spread false information
    7. Posting or sending overly violent, blatant sexual expressions, expressions that lead to discrimination based on race, nationality, beliefs, gender, social status, or family, etc., suicide, self-harm, substance abuse, or other expressions that induce or encourage antisocial content that make others uncomfortable
    8. Acts that interfere with the servers and network systems of this service, mismanagement of this service using other technical means, or intentionally using a malfunction in this service.
    9. Disassembly, decompilation, reverse engineering, and other actions to analyze the source code, structure, ideas, etc. of this service
    10. Impersonation of BMSG or a third party
    11. An unfair inquiry or request from BMSG
    12. Providing benefits to anti-social forces and other cooperative activities
    13. Religious activities or solicitations to religious organizations
    14. Acts that violate laws, regulations, these terms, etc., public order and morals, etc., obstruct the operation of this Service, damage the trust of BMSG or infringe the property of BMSG, or cause a disadvantage to a third party or BMSG.
    15. Acts that infringe the copyright, trademark rights, patent rights, etc. of BMSG or third parties, intellectual property rights, honorary rights, privacy rights, or other legal or contractual rights
    16. Acts that interfere with BMSG's operation or other members' use of the Service
    17. Purchase or obtain products provided in this Service for the purpose of resale (Please note that if a product provided in this Service is sold to a third party at a price that exceeds the sales price, or if a product provided in this Service is offered to a third party, or if it is listed at an auction, it will be deemed to be in this issue.)
    18. Acts that encourage actions that fall under any of the above items
    19. Other actions that BMSG deems inappropriate
  2. If a member violates or finds that there is a possibility of violating these Terms and Conditions, etc., BMSG may take measures that it deems necessary and appropriate (including, but not limited to, suspension of account, deletion of accounts, deletion of posted content) without notifying the member in advance, and BMSG will not be liable for any damages to the member.

Article 14 (Disclaimer)

  1. BMSG is not responsible for any damages caused to members due to interruption of the Service or loss of data due to failure or malfunction of communication lines, computers, etc., except in cases where BMSG is intentionally or grossly negligent.
  2. Even if BMSG is liable for damages based on default or tort to the Member, unless BMSG is intentionally or grossly negligent, BMSG's liability for damages, whether foreseen or foreseeable, is limited to direct and ordinary damages that the Member has actually suffered, and the amount of compensation will be up to 5,000 yen.

Article 15 (Effectiveness of these Terms and Conditions, etc.)

  1. Even if all or part of each clause in these Terms and Conditions is determined to be invalid based on laws and regulations, any portion other than the portion determined to be invalid and other provisions in these Terms and Conditions will remain in effect.
  2. Even if some of the terms and conditions are invalid or revoked in relation to a certain member, these terms and conditions will remain valid in relation to other members.

Article 16 (Governing Law and Jurisdiction)

  1. These Terms and Conditions are governed by Japanese law and will be interpreted in accordance with Japanese law.
  2. In the event that a dispute arises between BMSG and a member regarding this service, the Tokyo District Court shall be the exclusive court of jurisdiction of the first instance.

That's all