Terms and Conditions
This Terms of Use Agreement (hereinafter referred to as "this Agreement") applies to the services provided by VIVALDI on this website (hereinafter referred to as "the Service"). This Terms of Use (hereinafter referred to as the "Terms") defines the conditions of use of the services provided by VIVALDI on this website (hereinafter referred to as the "Service"). This Terms of Use (hereinafter referred to as the "Terms") defines the conditions of use of the services provided by VIVALDI on this website (hereinafter referred to as the "Service"). Registered users (hereinafter referred to as "Users") are required to comply with these Terms of Use. The following terms and conditions apply to all registered users (hereafter referred to as "Users").Privacy PolicyYou agree to use the Service upon agreeing to the following.
Article 1 (Application)
This Agreement shall apply to all relationships between the User and VIVALDI regarding the use of the Service.
VIVALDI may establish various rules and regulations regarding this service (hereinafter referred to as "Individual Regulations") in addition to these Terms of Use. These individual regulations, regardless of their name, constitute a part of the Terms of Use. Regardless of the name of these Individual Regulations, they shall constitute a part of this Agreement.
3. If the provisions of these Terms conflict with the provisions of the individual provisions of the preceding article, the provisions of the individual provisions shall take precedence unless otherwise specified in the individual provisions.
Article 2 (Registration for use)
1. the registration for this service is completed when the applicant agrees to the Terms of Use and applies for the registration in the manner prescribed by VIVALDI, and when VIVALDI approves the application.
2. Any application for registration to the Service must be made by the individual or legal entity (authorized representative) who uses the Service, and the application for registration cannot be made by an agent. In addition, applicants for registration shall provide us with true, accurate and up-to-date information when applying for registration.
VIVALDI may not approve an application for registration if it determines that the applicant has any of the following reasons, and shall not be obligated to disclose the reasons for such denial.
(1) When false information is reported at the time of application for user registration
(2) If the application is from a person who has violated these Terms and Conditions
(3) Other cases in which VIVALDI deems the registration of use to be inappropriate.
4. VIVALDI may deny registration to a person who has applied for registration in accordance with Section 1 if any of the following circumstances apply
(1) When a minor has not obtained the consent, etc., of a person with parental authority
(2) When VIVALDI determines that there is a possibility of violation of this Agreement.
(3)If you are a person whose registration for use of the service has been cancelled
(4) When all or part of the registration information provided to VIVALDI is false, erroneous or omitted
(5) Antisocial forces, etc. (meaning organized crime groups, members of organized crime groups, persons who have not been members of organized crime groups for five years, quasi-constituents of organized crime groups, companies affiliated with organized crime groups, and other similar groups. The same shall apply hereinafter) (ii) If VIVALDI determines that the applicant is a member of an anti-social force, etc. (meaning a crime syndicate, a person for whom five years have not passed since they ceased to be a crime syndicate, a quasi-constituent of a crime syndicate, a company affiliated with a crime syndicate, or other similar entity; the same applies hereinafter), or is involved in any exchange with or participation in the maintenance, operation or management of anti-social forces, etc. by providing funds or otherwise
Each user shall register and hold one (1) account for the Service, and no more than one (1) person may register and hold two (2) or more than one (1) account, and no more than one (1) person may register and hold one (1) or more accounts together.
6. Other cases in which VIVALDI deems the registration is not appropriate.
Article 3 (User ID and password)
1. Users shall properly manage their user IDs and passwords for this service at their own responsibility.
VIVALDI will not be held liable for any loss or damage arising from the use of the User ID and password. VIVALDI will consider the use of the site to be by the user who has registered the user ID.
VIVALDI shall not be liable for any damage caused by the use of user IDs and passwords by third parties, except in the case of willful misconduct or gross negligence on the part of VIVALDI.
Article 4 (Usage Fee and Payment Method)
The User shall pay the fee for the paid portion of the Service, which is separately determined by VIVALDI and displayed on the Website, by the method designated by VIVALDI.
Article 5 (Submissions and Exhibits)
Users who register for the Service and wish to post or exhibit items may do so only after registering and purchasing a posting or exhibiting plan provided by the Service.
Users who purchase a submission or exhibit plan do so based on their understanding and acceptance of the contents of the submission or exhibit plan.
In the event that a user fails to remit payment to VIVALDI for any reason after payment of the fee, VIVALDI shall have the right to delete the user's postings or exhibits, as the case may be, after promptly notifying the user.
Article 6 (Prohibitions)
When using this service, the user must not do the following acts.
1. Acts that violate laws or public order and morals
2. Acts related to criminal activity
3. Infringement of he contents of this service, copyrights, trademark rights and other intellectual property rights contained in this service,
(4) Any action that destroys or interferes with the functionality of the server or network of VIVALDI, other users, or any other third party.
5. Acts of commercially using information obtained from this service
6. actions that may interfere with the operation of VIVALDI's services
7. Acts of unauthorized access or attempts to do so
8. Acts of collecting or accumulating personal information about other users
9. Acts of using the Service for illegal purposes
10. Acts that cause disadvantage, damage, or discomfort to other users of this service or other third parties
11. Acts of impersonating other users
Advertising, publicity, solicitation, or business activities on this service that are not authorized by VIVALDI.
13. Posting or exhibiting stolen or non-personally owned items.
14. Posting or exhibiting counterfeit or copied products that are falsely claimed to be genuine.
15. Posting or exhibiting any of the following sexually explicit content
(1) Content containing nudity
(2) Content that is sexually gratifying, suggestive of sexuality, or intended for sexual stimulation
(3) Content dealing with sexual fetishism
(4) Content related to sexual entertainment
(5) Content promoting sexual products
(6) Content that encourages adultery, cheating, or sexual activity
(7) Content providing advice on sexual competence
(8) Content promoting libido enhancers or supplements
16. Posting or exhibiting the following sexually explicit content
(1) Content containing sexual text, images, audio, video, or games
(2) Content involving forced sexual acts, whether virtual or real
17. Posting or exhibiting the following shocking content
(1) Gruesome, graphic, or offensive descriptions or images
(2) Content depicting acts of violence
(3) Content that contains excessive obscene or profane language
(4) Gameplay Image Exception: In the context of gameplay images, content is considered "gruesome, suggestive, or disgusting depictions or images" or "depictions of violent conduct" if it depicts
A. Torture
B. Sexual Violence
C. Violence against minors
D. Violence against a prominent real person
E Violence against individuals or groups based on content linked to systematic racism or marginalization
F Violence against an individual based on race, ethnicity, religion, disability, age, national origin, prior military service, sexual orientation, gender, or gender identity
18. Posting or exhibiting content related to the following explosives
(1) Content that advertises the sale of products that may cause harm to people or property in the vicinity due to an explosion
(2) Content explaining how to assemble, enhance, and obtain explosives
19. Posting or exhibiting content related to the following guns, gun parts and related products
(1) Content advertising the sale of firearms or guns intended for sporting or recreational purposes that could cause serious harm through misuse or that are indistinguishable from real guns
(2) Content advertising the sale of firearms-related parts, accessories, or devices, whether finished or unfinished, that are essential to the operation of the firearm or that enhance the function of the firearm
(3) Content explaining the assembly and enhancement of firearms
20. Posting or exhibiting content related to the following other weapons and arms
(1) Content advertising the sale of any other weapon designed or promoted as a product intended to injure an opponent in sport, self-defense, or combat
(2) Content advertising the sale of knives (including disguised knives and folding knives) designed to pose a threat to an opponent
(3) Content describing how to assemble, enhance, and obtain the items listed in this "Other Arms and Weapons" section
21. Posting or exhibiting content related to the following cigarettes
(1) Content promoting the sale of cigarettes and tobacco-related products
22. Posting or exhibiting content related to the following dangerous drugs
(1) Content promoting substances that alter the state of mind or induce a state of "excitement" for the purpose of obtaining distraction or stimulation
(2) Content that promotes products or services that assist in the use of dangerous drugs
(3) Content explaining the manufacture, purchase, and use of dangerous drugs
23. Posting or exhibiting content related to the sale or abuse of alcohol, including
(1) Content to promote online sales of alcoholic beverages
(2) Content that encourages irresponsible consumption of alcohol
24. Posting or exhibiting any of the following online gambling-related content
(1) Content that allows users to participate in online cash wagering or Internet-based games in which they can receive or wager items of value, such as real money or money that can be redeemed for goods, based on their performance in the game.
25. Posting or exhibiting content related to the following prescription drugs
(1) Content advertising the online sale of prescription drugs
26. Posting or exhibiting content related to the following unapproved drugs or supplements
(1) Content related to the sale of unapproved drugs or supplements
27. Posting or exhibiting content that infringes on the following intellectual property rights
(1) Content that infringes copyright
(2) Content intended to sell or promote the sale of counterfeit products (i.e., products that use trademarks or logos that are identical to or virtually indistinguishable from those of others)
28. Posting or exhibiting the following dangerous or defamatory content
(1) Content that promotes incitement to exclusion, discrimination, and defamation against individuals or groups based on race, ethnicity, religion, disability, age, national origin, military service, sexual orientation, gender, gender identity, or any other content associated with systematic racial discrimination or marginalization
(2) Content that harasses, threatens, or attacks an individual or a group composed of individuals
(3) Content that threatens or encourages physical or emotional harm to yourself or others
(4) Content intended for the exploitation of others through coercion
29. Posting or exhibiting cruelty to the following animals
(1) Content that promotes cruelty or unwarranted violence against animals
(2) Content that promotes the sale of products made from endangered species
30. Posting or exhibiting content related to the following inappropriate displays
(1) Content that improperly represents, misrepresents, or conceals pertinent information about the Publisher, the Content Creator, the purpose of the Content, or the Content itself
(2) Content that falsely suggests that it is affiliated with or endorsed by a particular person, organization, product, or service
31. Posting the following unreliable and harmful statements
(1) Content that makes demonstrably untrue claims and may substantially impede participation in or trust in the electoral and democratic process
(2) Content that propagates harmful health claims or that contradicts credible scientific consensus as it relates to a current significant health crisis
(3) Content that is inconsistent with credible scientific consensus in relation to climate change
32. Posting the following deceptive practices
(1) Leading users to the content by misrepresentation or unclear expressions
(2) Stealing personal information or attempting to trick users into providing personal information
(3) Promote content, products, or services through false, fraudulent, or exaggerated advertising
(4) Concealing or disguising your identity or material information about yourself by linking to other sites or accounts when the content is related to politics, social issues, or issues of social concern
(5) Disguising or concealing material information about your home country or yourself and distributing content related to political or social issues or concerns to users in countries other than your own.
33. Posting the following manipulated media content
(1) Content that misleads users through manipulated media regarding politics, social issues, or matters of public concern
34. Posting or exhibiting products or services that encourage the following fraudulent activities
(1) Content that misleads users
(2) Content that facilitates any form of hacking or cracking, and content that provides users with procedures, equipment, or software that enables them to tamper with or gain unauthorized access to any device, software, server, or website
(3) Content that enables the tracking and monitoring of individuals and their activities without their permission, as well as content that promotes products and services that enable such tracking and monitoring.
35. posting sexual acts involving the following remuneration
(1) Content that could be construed as promoting sexual conduct in return for remuneration
36. Posting the following International Marriage Mediation
Content to promote marriage with foreigners
37. Posting adult themes contained in the following family-friendly content
(1) Content that appears to be family-friendly but contains adult themes that are inappropriate for general audiences (e.g., depictions of sex or violence by children or characters popular with children)
38. Posting the following child sexual abuse and sexual exploitation
(1) Content that sexually exploits or abuses children or encourages the sexual exploitation or sexual abuse of children. This includes all child sexual abuse content.
(2) "Child grooming" (e.g., meeting and befriending children online and luring them into online or offline sexual contact or exchange of sexual images)
(3) "Sextortion" (e.g., threatening or extorting a child by obtaining or allegedly obtaining sexual images of a child that the child does not want made public)
(4) Sexual objectification of minors (e.g., content that depicts, promotes, or facilitates the sexual abuse or sexual exploitation of children)
(5) Trafficking in children (e.g., advertising or soliciting children for the purpose of commercial sexual exploitation)
39. Posting or exhibiting copyrighted content (TV programs, movies, audio files, etc.)
40. Posting or exhibiting in violation of laws and regulations.
41. Posting or exhibiting items that are offensive to public order and morals.
42. Other cases in which VIVALDI deems the use of this service to be inappropriate.
43. Aiming to meet someone of the opposite sex whom you are not acquainted with
44. Act to provide benefits directly or indirectly to antisocial forces in relation to VIVALDI's services.
Other acts that VIVALDI deems inappropriate.
Article 7 (Suspension of Provision of the Service, etc.)
VIVALDI may suspend or discontinue all or part of the Service without prior notice to the User for any of the following reasons
(1) When performing maintenance inspections or updating of computer systems related to this service
(2) When the provision of this service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster
(3) In the event of an accidental shutdown of computers or communication lines, etc.
(4) Other cases in which VIVALDI deems it difficult to provide this service.
VIVALDI shall not be liable for any disadvantage or damage incurred by the User or any third party due to the suspension or interruption of the Service. 2.
Article 8 (Use Restrictions and Cancellation of Registration)
VIVALDI may, without prior notice, restrict the User from using all or part of the Service or terminate the User's registration if the User falls under any of the following.
(1) If you violate any of the provisions of these Terms and Conditions
(2) When it is found that there is a false fact in the registration information
(3) In the event of default in payment of fees and other obligations
(4) If you have not responded to VIVALDI's communication for a period of 21 days from the date of the communication.
(5) When there has been no use of this service for a certain period of time since the last use
(6) Submission or display of items that deviate from the standards or criteria of the category, or submission or display of hazardous or vulgar items, etc.
(7) If the contents of the posted information (item specifications, description, etc.) of the item(s) you have listed are clearly false
(8) Postings or exhibits that infringe on the privacy of others or defame their credibility or reputation
(9) Postings or exhibits that violate laws and regulations
(10) Postings or exhibits that are offensive to public order and morals
(11)When Article 6, paragraphs 1 through 45 are performed.
(12) Other cases in which VIVALDI deems the use of this service to be inappropriate.
VIVALDI shall not be liable for any damages incurred by the User as a result of actions taken by VIVALDI in accordance with this Article.
Article 9 (Disclaimer of Warranty and Disclaimer of Liability)
VIVALDI does not warrant, expressly or impliedly, that the Service will be free from defects in fact or law (including defects in safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc., errors or bugs, infringement of rights, etc.).
VIVALDI shall not be liable for any damages incurred by the User arising from the Service, except in cases of intentional or gross negligence on the part of VIVALDI. 2. However, if the contract between VIVALDI and the User regarding the Service (including this Agreement) However, if the contract between VIVALDI and the User regarding the Service (including this Agreement) is a consumer contract as defined in the Consumer Contract Act, this disclaimer does not apply.
(3) Even in the case of the proviso of the preceding paragraph, VIVALDI shall not be liable for damages arising out of special circumstances (including cases in which VIVALDI or the User foresaw or could have foreseen the occurrence of the damages) caused by default or tort due to negligence (excluding gross negligence) of VIVALDI. VIVALDI shall not be liable for damages arising out of special circumstances (including cases in which VIVALDI or the User foresaw or could have foreseen the occurrence of damages), even in cases provided for in the proviso of the preceding paragraph. VIVALDI shall not be liable for any damage arising out of special circumstances (including cases in which VIVALDI or the User foresaw or could have foreseen the occurrence of the damage). In addition, VIVALDI shall not be liable for damages caused by negligence (excluding gross negligence), default, or tort. VIVALDI's compensation for damages incurred by a User due to default or tort (excluding gross negligence) shall be limited to the amount of the usage fee received from the User for the month in which the damage occurred, and VIVALDI's compensation to the User shall be compensated by granting a coupon issued by the Company for the free purchase of the exhibition and posting plan purchased by the User. VIVALDI shall compensate the User by granting the User a coupon issued by VIVALDI for the free purchase of an exhibit or posting plan purchased by the User.
VIVALDI is not responsible for any transactions, communications, or disputes that occur between the User and other Users or third parties in relation to the Service.
VIVALDI will not be responsible for any damage or other problems that may occur between the user who submitted the item and the user who receives the item through purchase or transfer due to a communication failure.
VIVALDI is not responsible for any damage or other problems that may occur between the user who listed the item and the user who will receive the item through purchase or transfer due to a problem with the server provider contracted by VIVALDI that interferes with the VIVALDI service.
VIVALDI is not responsible for any damages or other problems that may occur as a result of the use of payment methods provided by third parties for purchase and sale transactions that are posted on this site for reference.
8. VIVALDI shall not be liable for any expense claims incurred by the user or the telecommunications carrier with which the user has contracted due to the use (displaying or browsing) of this site.
Article 10 (Claim for Compensation for Damages)
If a User causes damage to VIVALDI by violating these Terms of Use or by using the Service in an unauthorized or illegal manner, VIVALDI may claim damages (including attorney's fees) against the User.
Article 11 (Change of Service Contents, etc.)
VIVALDI may change, add or discontinue the Service with prior notice to the User, and the User agrees to such changes, additions or discontinuation.
Article 12 (Modification of Terms and Conditions)
VIVALDI reserves the right to modify these Terms of Use without requiring the User's individual consent in the following cases
(1) When the modification of these Terms and Conditions is compatible with the general interest of the User.
(2) When the modification of the Terms of Service is not contrary to the purpose of the Service Agreement and is reasonable in light of the necessity of the modification, reasonableness of the contents after the modification, and other circumstances pertaining to the modification.
VIVALDI will notify the User in advance of any changes to these Terms of Use in accordance with the preceding paragraph, the contents of the revised Terms of Use, and the effective date of the revised Terms of Use.
Article 13 (Handling of Personal Information)
VIVALDI will properly handle personal information obtained through the use of this service in accordance with VIVALDI's "Privacy Policy".
Article 14 (Termination of the Service)
VIVALDI may terminate all or part of the Service to the User upon prior notice to the User with a certain notice period.
2.The notice in the preceding paragraph shall be sent by e-mail to users who have registered for the Service.
In the event that VIVALDI terminates the Service after notifying the User in the manner described in Paragraph 1, VIVALDI shall be exempt from compensation or indemnification for any damage, loss, or other expense incurred by the registered User as a result of the termination of the Service.
Article 15 (Notice or Contact)
Notices and communications between the User and VIVALDI shall be made in the manner prescribed by VIVALDI. VIVALDI will consider the currently registered contact information to be valid and will send notifications and communications to the relevant contact person, and these notifications and communications will be deemed to have reached the User at the time they are sent.
Article 16 (Prohibition of Transfer of Rights and Obligations)
The User may not assign his/her position under the User Agreement or rights or obligations under these Terms of Use to a third party or offer them as security without the prior written consent of VIVALDI.
Article 17 (Governing Law and Jurisdiction)
1.The law of Japan shall be the governing law for the interpretation of these Terms and Conditions.
In the event of a dispute over the Service, the court having jurisdiction over the location of VIVALDI's head office shall have exclusive jurisdiction.