B with U Terms of Use

Article 1 (About these Terms)

  1. These Terms of Use (hereinafter referred to as the "Terms") stipulate the conditions for the member (hereinafter referred to as the "Member") to use "B with U" (hereinafter referred to as the "Service") provided by BMSG Co., Ltd. (hereinafter referred to as "BMSG") between BMSG and the Member. The Service is hosted by Shopify Inc. Shopify Inc. provides BMSG with an online e-commerce platform for selling products and services.
  2. These Terms and Conditions stipulate the conditions of use of the Service, and Members must use the Service in accordance with these Terms and Conditions.
  3. Each time a Member uses the Service, the Member must confirm the information, precautions, etc. provided by the Service. In addition, by using the Service, the Member is deemed to have agreed to all of the contents of these Terms and Conditions.
  4. If any provision in these Terms and Conditions does not actually apply to Members because the service has not yet commenced, etc., it will apply from the time it becomes applicable in the future.
  5. If a Member is a minor, he/she must obtain consent from the Member's legal guardian before using this Service.

Article 2 ( Individual terms and conditions )

  1. In addition to these Terms, if BMSG has documents, whether called guidelines, policies or any other names, that stipulate the terms of use and rules for use of the Service (hereinafter referred to as "Individual Terms" and collectively with these Terms, "These Terms, etc."), Members must use the Service in accordance with the provisions of the Individual Terms in addition to these Terms.
  2. In the event of any conflict between these Terms and Conditions and any individual terms and conditions, the provisions of the individual terms and conditions shall take precedence.

Article 3 (Changes to these Terms and Conditions)

  1. BMSG may change these Terms and Conditions at any time by agreeing with each Member individually if BMSG deems it necessary.
  2. BMSG may change these Terms and Conditions in accordance with Article 548-4 of the Civil Code.
    1. When changes to these Terms and Conditions are in the general interest of Members
    2. When the change to these Terms and Conditions does not contradict the purpose of the contract and is reasonable in light of the necessity for the change, the appropriateness of the content after the change, and other circumstances related to the change
  3. If BMSG changes these Terms, Etc. in accordance with the preceding paragraph, BMSG will notify the Member of the change, the contents of these Terms, Etc., and the effective date of these Terms, Etc. on the BMSG website at least one month prior to the change. If BMSG notifies a Member of the contents of the revised Terms, Etc. and the Member uses the Service after the effective date of the revised Terms, Etc., the Member will be deemed to have agreed to the revised Terms, Etc. If a Member does not agree to the revised Terms, Etc., he/she will no longer be able to use the Service.

Article 4 (Notice)

  1. BMSG will notify Members of any necessary information by mail, email, or by displaying it on the website operated by BMSG and the dedicated application for this Service, or by any other method that BMSG deems appropriate.

Article 5 ( Application for use and its approval )

  1. Those who wish to use this service must agree to the terms and conditions and apply for use in a manner specified by BMSG. Those who apply for use (hereinafter referred to as "Applicants") will become members when BMSG approves their application.
  2. If BMSG determines that an applicant falls under any of the following items, it may not approve the applicant's use of the Service or may subsequently revoke approval.
    1. If the applicant applies for use in a manner other than as set forth in the preceding paragraph
    2. If the applicant is not the person who will be using the service
    3. If the applicant has previously been restricted from using the Service due to a violation of these Terms and Conditions, etc.
    4. If the applicant is a member or related to antisocial forces
    5. If it is discovered that there was a false statement in the application
    6. If the applicant does not exist
    7. Any other reason that BMSG deems inappropriate

Article 6 ( account )

  1. Members may not hold multiple accounts for the Service, and multiple people may not share a single account for the Service.
  2. When a Member registers an ID, email address, and password to use this service, the Member must manage these carefully at his/her own responsibility to prevent unauthorized use. BMSG may regard any actions taken using the registered ID, email address, and password as actions taken by the Member himself/herself.
  3. If a Member suspects that their account has been illegally used by a third party, they must immediately notify BMSG and follow any instructions given by BMSG.
  4. Members who have registered for this service may delete their account and cancel their membership at any time by following the method specified by BMSG.
  5. BMSG may delete any account that has been accessed more than one year ago without prior notice to the member.
  6. All of a Member's rights to use the Service will be terminated when their account is deleted, regardless of the reason. Please note that even if a Member deletes their account by mistake, it cannot be restored.
  7. The account for this service belongs exclusively to the member. All usage rights of the member for this service cannot be transferred, loaned or inherited by a third party.

Article 7 (Use of the Service)

  1. Members use the Service at their own risk and are fully responsible for all actions taken on the Service and the consequences of such actions.
  2. Members shall, at their own responsibility and expense, properly prepare computers, digital devices and any other equipment, software and means of communication necessary to use the Service. In addition, Members shall, at their own responsibility, register with any SNS that will be linked to the Service.
  3. Members shall take security measures appropriate to their own usage environment, such as preventing computer virus infection, unauthorized access, and information leaks, and BMSG shall not be involved in or liable for any aspect of a Member's usage environment.
  4. BMSG may provide all or part of this service exclusively to members who meet certain conditions, such as age, identity verification, registration information, and other conditions that BMSG deems necessary.
  5. BMSG does not guarantee the completeness, accuracy, usefulness, availability, safety, reliability, suitability for a particular purpose, etc. of the Service. BMSG is not obligated to repair bugs or other defects in the Service.
  6. If BMSG deems it necessary, it may change the content of all or part of the Service or discontinue providing it at any time without prior notice to Members.

Article 8 (Sales of Products)

  1. This service may sell artist goods and other products. In the case of product sales in this service, the member makes a purchase offer to BMSG, and BMSG notifies the member that the offer has been accepted, and a sales contract is established. The ownership of the product is transferred to the member when BMSG delivers the product to the delivery company.
  2. BMSG may cancel the sales contract concluded with a member without prior notice to the member if the member falls under any of the following reasons.
    1. If a member violates these terms and conditions
    2. If the delivery of the product cannot be completed due to an unknown address or a long absence
    3. Any other case in which it is deemed that the relationship of trust between the Company and the Member has been damaged.
  3. Payment methods, delivery methods, methods for canceling purchase applications, methods for returns, etc., related to product sales in this Service will be determined separately by BMSG.

Article 9 (Usage Fees)

  1. The service fee for this service will be determined separately by BMSG. BMSG may change the service fee by notifying the member in advance, and if the member does not agree to this, he/she will not be able to use this service any more.
  2. BMSG may set up multiple courses with different service contents for this service and set a usage fee for each course. Depending on the course selected by the member, some parts of this service may not be available.

Article 10 (Services of other businesses)

  1. This service may include services or content provided by other businesses. The businesses that provide such services or content are responsible for such services or content. In addition, such services or content may be subject to the terms of use and other conditions stipulated by the businesses that provide them.

Article 11 (Content)

  1. BMSG grants to Members a non-transferable, non-sublicensable, non-exclusive right to use the content provided by BMSG (excluding products sold to Members as defined in Article 7; the same applies below in this Article) for the sole purpose of using this Service. When using content for which separate terms of use, such as usage fees and usage period, Members will comply with such terms of use. Even if "purchase," "sale," or similar displays are displayed on the screen of this Service, intellectual property rights and other rights related to the content provided by BMSG to Members are not transferred to Members, and Members are only granted the right to use such content.
  2. Members may not use the content provided by this service in a manner that infringes the rights of BMSG or other third parties (including copyright, neighboring rights, publicity rights, and any other rights).
  3. Members are responsible for backing up any content they register, transmit, post, etc. to this service (hereinafter referred to as "Posted Content"). BMSG is not obligated to back up any Posted Content.
  4. Members will retain the rights they have to the submitted content as before, and BMSG will not acquire such rights. However, with respect to submitted content that has been made public, surveys, submitted ideas, and vote contents, Members will grant BMSG the right to use such content for services and promotions (including the right to make modifications such as omissions to the extent that BMSG deems necessary and appropriate, and also the right to sublicense such rights to third parties affiliated with BMSG), free of charge, indefinitely, and without geographical limitations.
  5. BMSG may check the content of posted content when it is necessary to check compliance with laws, regulations, or these Terms, etc. However, BMSG is not obligated to conduct such checks.

Article 12 (Privacy)

  1. BMSG will handle members' privacy and personal information appropriately in accordance with BMSG's privacy policy.

Article 13 (Prohibitions)

  1. When using the Service, Members must not engage in any of the following acts.
    1. Sales, publicity, advertising, solicitation, and other profit-making activities (excluding those approved by BMSG)
    2. Conduct aimed at sexual intercourse or obscene conduct
    3. Acts aimed at meeting or dating members of the opposite sex who the person has not met
    4. Harassing, defaming, threatening or stalking other members
    5. Unauthorized collection, disclosure, or provision of personal information, registration information, or usage history information of others
    6. Intentionally spreading false information
    7. Posting or transmitting excessively violent language, explicit sexual language, language that leads to discrimination on grounds such as race, nationality, creed, sex, social status, family origin, etc., language that induces or encourages suicide, acts of self-injury, or drug abuse, or other anti-social content that offends others.
    8. Any act of interfering with the servers or network systems of the Service, any act of illegally manipulating the Service by using other technical means, or any act of intentionally taking advantage of any defects in the Service.
    9. Disassembling, decompiling, reverse engineering, or other actions that analyze the source code, structure, ideas, etc. of the Service
    10. Impersonating BMSG or a third party
    11. Making unreasonable inquiries or requests to BMSG
    12. Providing benefits to antisocial forces or other acts of cooperation
    13. Religious activities or acts of soliciting to religious organizations
    14. Any act that violates laws, regulations, these Terms, public order, morals, etc., any act that interferes with the operation of this Service, any act that damages the credibility of BMSG or infringes on the property of BMSG, any act that causes harm to a third party or BMSG
    15. Any act that infringes on the copyrights, trademarks, patents, or other intellectual property rights, reputation rights, privacy rights, or other legal or contractual rights of BMSG or any third party.
    16. Any act that interferes with or disrupts the operation of this Service by BMSG or the use of this Service by other members.
    17. Purchasing or acquiring products provided through this service for the purpose of reselling them (if you sell or offer to sell products provided through this service to a third party at a price higher than the retail price, or if you put them up for auction, you will be deemed to fall under this item).
    18. Actions that encourage any of the actions listed above
    19. Any other actions that BMSG deems inappropriate
  2. If BMSG determines that a Member has violated or is at risk of violating these Terms and Conditions, etc., it may take any measures that BMSG deems necessary and appropriate (including, but not limited to, suspending or deleting the account, or deleting posted content) without prior notice to the Member, and BMSG shall not be liable for any damages suffered by the Member as a result of such measures.

Article 14 (Disclaimer)

  1. BMSG shall not be liable for any damages incurred by a Member due to interruption of the Service or loss of data caused by failure or malfunction of communication lines, computers, etc., except in cases where BMSG is guilty of willful or gross negligence.
  2. Even if BMSG is liable to a member for damages based on breach of contract or tort, except in cases where BMSG is guilty of intentional or gross negligence, BMSG's liability for damages will be limited to direct and ordinary damages actually suffered by the member, regardless of whether such damages were foreseeable or could have been foreseen, and the amount of compensation will be limited to 5,000 yen.

Article 15 (Validity of these Terms, etc.)

  1. Even if any provision of these Terms, etc. is determined to be invalid in whole or in part based on laws and regulations, the remaining provisions of the Terms, etc. other than the part determined to be invalid and other provisions of the Terms, etc. shall remain valid.
  2. Even if any provision of these Terms and Conditions is invalidated 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 shall be governed by and construed in accordance with Japanese law.
  2. In the event of a dispute between BMSG and a Member regarding this Service, the Tokyo District Court shall be the court of first instance with exclusive jurisdiction.

that's all