Terms of Use
These Terms of Use (“these Terms”) set forth the conditions for using the online services (the “Service”) provided by the Japan Playwrights Association (the “Association”). All registered users (“Users”) agree to comply with these Terms when using the Service.
Article 1 (Application)
- These Terms apply to all matters between Users and the Association concerning the use of the Service.
- The Association may establish additional rules or guidelines (“Individual Rules”) for the Service. Such Individual Rules, irrespective of their title or form, shall constitute part of these Terms.
- In the event of any inconsistency between these Terms and any Individual Rules, the Individual Rules shall prevail unless otherwise specified.
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If a User is a minor:
- The User must obtain consent from a legal guardian before using the Service.
- If a minor falsely represents having such consent or legal capacity, or uses deceitful/fraudulent means to make others believe they are legally capable, the User cannot revoke any resulting transactions.
- When a User who agreed to these Terms as a minor continues to use the Service after reaching legal age, such use shall be deemed ratification of prior acts.
Article 2 (User Registration)
- Registration is completed when an applicant agrees to these Terms, applies in the manner prescribed by the Association, and receives approval.
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The Association may, at its discretion, refuse to approve an application for registration without any obligation to disclose its reasons, if any of the following apply:
- False or misleading information is provided;
- The applicant has previously violated these Terms; or
- The Association otherwise deems registration inappropriate.
Article 3 (Management of User ID and Password)
- Users shall manage their User ID and password responsibly.
- Users must not transfer, lend, or share their User ID or password with any third party. The Association will treat any login using matching credentials as the User’s own use.
- The Association shall not be liable for any damages arising from unauthorized use by a third party, unless caused by the Association’s willful misconduct or gross negligence.
Article 4 (Fees and Payment)
- Users shall pay the fees separately specified by the Association as consideration for performance permissions or other permissions related to works contained in the Service, using the method designated by the Association.
- If a User delays payment, the relevant performance permission may be revoked, and the User shall pay a late payment charge at an annual rate of 14.6%.
Article 5 (Prohibited Acts)
Users must not engage in, attempt, or encourage any of the following acts:
- Acts that violate public order and morality;
- Criminal acts or acts related to crimes;
- Infringement of copyrights, trademarks, or other intellectual property rights contained in or provided through the Service;
- Destruction or disruption of servers or networks belonging to the Association, other Users, or third parties;
- Commercial use of information obtained through the Service;
- Acts that may disrupt or obstruct the operation of the Service;
- Unauthorized access or attempts to gain such access;
- Collection or accumulation of personal information about other Users;
- Use of the Service for fraudulent or deceptive purposes;
- Acts causing disadvantage, damage, or discomfort to other Users or third parties;
- Impersonating another User;
- Advertising, solicitation, or business activities on the Service without the Association’s permission;
- Acts with the purpose of seeking in-person meetings with strangers unrelated to the Service;
- Providing benefits, directly or indirectly, to organized crime groups or equivalent entities; and
- Any other acts deemed inappropriate by the Association.
Article 6 (Suspension of the Service)
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The Association may, without prior notice to Users, suspend or interrupt all or part of the Service if any of the following apply:
- System maintenance or updates are required;
- The Service becomes difficult to provide due to events beyond the Association's reasonable control;
- Accidents cause the suspension of computers or communication lines; or
- The Association otherwise determines that provision is difficult.
- The Association shall not be liable for any loss or damage arising from such suspension or interruption.
Article 7 (Restrictions and Deregistration)
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The Association may, without prior notice, restrict access to or delete a User's registration if:
- The User violates any of these Terms;
- False information is found in the registration details;
- Payment obligations are not fulfilled;
- The User fails to respond to communications for an extended period;
- There is inactivity for an extended period; or
- The Association deems continued use inappropriate.
- The Association shall not be liable for any loss or damage incurred by Users as a result of measures taken by the Association pursuant to this Article.
Article 8 (Withdrawal)
Users may withdraw from the Service by following the procedures established by the Association.
Article 9 (Disclaimer and Limitation of Liability)
- The Association makes no express or implied warranties that the Service is free from defects in fact or in law, including but not limited to issues of safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, or security, as well as errors, bugs, or infringement of rights.
- The Association shall not be liable for any loss or damage incurred by Users arising out of or in connection with the Service, except where caused by the Association’s willful misconduct or gross negligence. However, this disclaimer shall not apply to the extent that the agreement between the Association and the User concerning the Service (including these Terms) constitutes a “Consumer Contract” as defined under the Consumer Contract Act of Japan.
- Even where the disclaimer in the preceding paragraph does not apply by reason of the Consumer Contract Act, the Association shall not be liable for any special, indirect, incidental, or consequential damages (including cases where such damages were foreseen or foreseeable by the Association or the User) caused by the Association’s negligence (excluding gross negligence), whether in contract or in tort. In addition, the total amount of damages payable to the User for losses caused by the Association’s negligence (excluding gross negligence), whether in contract or in tort, shall not exceed the amount of the usage fees received from the User for the month in which the damage occurred.
- The Association shall not be involved in or responsible for any transactions, communications, or disputes between Users or between Users and third parties in connection with the Service.
Article 10 (Changes to the Service)
The Association may, upon prior notice to Users, change, add to, or discontinue all or part of the Service, and Users acknowledge and agree to the foregoing.
Article 11 (Amendments to the Terms)
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The Association may amend these Terms without obtaining individual consent from Users if any of the following apply:
- The amendment conforms to the general interests of Users; or
- The amendment does not contravene the purpose of the agreement for the use of the Service and is reasonable in light of the necessity of the amendment, the appropriateness of the amended provisions, and other relevant circumstances.
- In such case, the Association shall, in advance, notify Users of the fact that these Terms will be amended, the contents of the amended Terms, and the effective date of the amendment.
Article 12 (Handling of Personal Information)
The Association shall handle personal information obtained through the use of the Service appropriately in accordance with the Association’s Privacy Policy.
Article 13 (Notices and Communication)
Notices and communications between Users and the Association shall be conducted in the manner prescribed by the Association. Unless and until Users submit a change notice in the manner prescribed by the Association, notices and communications sent to the contact information currently registered with the Association shall be deemed delivered upon dispatch.
Article 14 (Prohibition of Transfer of Rights)
Users shall not, without the prior written consent of the Association, assign, transfer, or pledge their position under the agreement for the use of the Service, or any rights or obligations under these Terms, nor use any of the foregoing as security.
Article 15 (Governing Law and Jurisdiction)
These Terms shall be governed by and construed in accordance with the laws of Japan.
Any dispute arising out of or in connection with the Service shall be submitted to the exclusive jurisdiction of the court with jurisdiction over the location of the Association’s head office.
Effective Date: December 28, 2023
All rights reserved by the Japan Playwrights Association
