Article 1 Definition
Based on this agreement, Approad Co., Ltd. (hereafter “The Company”), shall operate the Internet website Sports Entry (hereafter “The Site”) in order to provide participatory general sports service, etc. This agreement shall be applicable to all interests between The Company and those who have applied for Membership to The Site, and who have been approved and granted Membership, and whose use of service has been approved by The Company, in accordance with Article 3 (hereafter “Member”).
Article 2 Changes to the agreement
1. The Company is able to change or revise the agreement as needed without consent from Members, and the Members shall consent to such. 2. Regarding the changes as set forth in the previous paragraph, announcements shall be made as needed to the Members through the homepage of The Site, through a dedicated webpage for Members set up in order to provide this service, or through other means deemed appropriate by The Company.
Article 3 General provisions
Members shall completely comply with all the agreement and conditions stipulated herein.
Article 4 Types of services
The services provided to the Members by The Company are as follows: Providing of sporting event information Application service including participation fee payment to sporting events Community service Shopping service Mailing service
Article 5 Country to which service is provided
This service shall be provided solely within Japan.
Article 6 Registration and formation of an agreement
1. Those desiring Membership shall consent to all of the contents of the agreement, fill in the necessary items on the form designated by The Company, and send the form via the Internet to The Company. Those completing the registration shall be regarded as having consented to the agreement and shall not state any objections thereto. 2. The Company shall receive the application for registration, conduct necessary screening with regard to the application, and if the registration is approved, a password is provided, which serves as a manifestation of intention that the Membership has been granted. The Member bears all responsibility with regard to the use of the password and the management thereof, and The Company shall assume no responsibility whatsoever for the damages incurred by the Member due to his ID or password being used by a third party, regardless of through intention or negligence on the part of the Member. 3. With regard to Membership registration, in the event that The Company determines any of the following items to be applicable, registration shall not be approved, and approval may be annulled even after registration. (1) In the event that the applicant, an individual or a group, is non-existent (2) In the event that the applicant does not possess a mail address to which sending and receiving is possible (3) In the event that at the time of the application, the applicant’s Membership is under suspension due to violation of the agreement, etc., or the applicant has been expelled from The Site in the past due to violations of the agreement, etc. (4) In the event that at the time of application, false entry, clerical error or an incomplete form was found under the reported items (5) In the event that the applicant has been adjudged either as quasi-incompetent or an incompetent, but has not received consent, etc. from his legal representative or a curator at the time of application (6) In the event that The Company determines that the application was made with an intended wrongful purpose (7) In the event that The Company has determined that the conclusion of the usage agreement concerned is otherwise inappropriate
Article 7 ID/password management
1. The Member shall not disclose the ID/password provided by The Company to a third party without prior consent by The Company. 2. The Member shall manage and use the ID/password provided by The Company bearing personal responsibility, and the Member shall be personally responsible for all damages incurred as a result of insufficient management of the ID/password, error in usage, or use by a third party, etc. 3. The Member shall immediately notify The Company in the event that the ID/password provided by The Company was used, or was almost used wrongfully by a third party. 4. In the event that the ID/password was used, or was almost used wrongfully by a third party, by making a request to The Company, the Member may have his ID/password deleted, or may take measures for suspension of use thereof.
Article 8 Prohibited items
The Member shall not carry out any of the respective items as set forth below, domestically or abroad, with regard to the use of this service. (1) Acts which lead to, or which are likely lead to criminal action (2) Acts which infringe on, or which are likely to infringe on others’ property, privacy or portrait right (3) Acts which infringe on the copyright, trademark right or intellectual property right of The Company or others (domestically or abroad), or are likely to do so (4) Acts which slander, defame, or damage the trust of others (5) Preliminary election campaign, election campaign and other related activities, as well as acts which interfere with the Public Offices Election Act (6) Acts which interfere with the operation of The Site, or acts which damage the trust of The Company (7) Transferring or allowing the use of the rights held as a Member, transacting sales, transferring of ownership, creating a pledge, or offering as security, etc., to a third party (Member concerned or individuals other those belonging to The Company) (8) Using the information acquired from The Site for acts exceeding the scope of personal use, such as duplicating, selling, or publishing, without the approval of The Company (9) Acts intended for personal gain (10) Sending harmful computer programs, etc. (11) Falsification of information made available through this service (12) Using this service, pretending to be someone else (13) Causing disadvantage to other companies through violation of laws and regulations, or public order and morality (14) Illegal or fraudulent use of credit cards in order to utilize this service
Article 9 Personal identification of the Member
1. The Member himself/herself shall always make notifications and inquiries to the Company pertaining to himself/herself. 2.Upon request from the Company, the Member shall promptly submit documents of personal identification. 3. Regarding the payment of participation fees to a competition, no receipt shall be issued from The Company. Records of transfer shall be confirmed through the receipt issued at the convenience store, and from the credit card withdrawal statement.
Article 10 Disclaimer of liability
1. Regarding damages and losses, etc. incurred by the Member or a third party due to the use of this service (including matters related to the use), The Company shall not bear any liability for damages, liability for losses, or any other responsibility whatsoever in law and practice. 2. In the event that a third party incurs damages due to the Member’s use of this service, the Member concerned shall compensate the above at his/her expense and responsibility. 3. The Company shall not guarantee the workings of any equipment or software used by the Member.
Article 11 Claim for damages
1. In the event that damages were incurred by The Company due to the Member’s acts in violation of the agreement, or the Member’s unjust or illegal use of The Service, The Company may file a compensation claim to the Member concerned, commensurate with the damages incurred. 2. In the event that The Company incurred damages due to the Member’s mismanagement of the ID/ password provided by the Company, the Company may file a compensation claim to the Member concerned, commensurate with the damages incurred.
Article 12 Handling of defects
1. In the event that the Member discovers some defect in the use of this service, after confirming that there is no failure on the part of the Member’s own equipment, he/she shall notify The Company of the need for repair and recovery. 2. In the event that a malfunction occurs in the equipment or this service, or the equipment is found to be faulty, requiring repair and recovery, The Company shall handle matters promptly.
Article 13 Changes to the registered items in the application
In the event that changes occur in the necessary items entered in the application form at the time of registration to The Company, the said changes shall be made promptly in the manner designated by The Company. In the event that the Member incurs some disadvantage due to neglect in making the needed changes, The Company shall bear no responsibility.
Article 14 Operations
1. Due to the operation of The Site and the maintenance management thereof, The Company may delete information and writings etc. registered by the Member in The Site, without prior notification to the Member. 2. The Company may change the services of The Site without prior notification to the Member, and the Member shall consent to such. 3. The contents of The Site are what The Company is able to make available at that point. The Company does not guarantee the integrity, accuracy, applicability, usefulness, etc. regarding any information provided by the Member or the writings and software registered by the Member, etc., and bears no responsibility whatsoever with regard to the information provided or registered by the Member. 4. For the purpose of advertising The Site or statistical data, The Company may disclose a portion of the information or statement registered by the data (excluding personal information of the Member) to a third party. However, with regard to the disclosure of data in which the identity of the individual Member can be revealed (name, address, e-mail address, etc.), prior consent from the individual shall be acquired. The same holds true after the Member cancels his/her Membership to The Site. 5. In the event of the preceding paragraph, the Member shall not exercise author’s moral right. 6. In the event that any of the following occurrences arise, The Company may temporarily suspend its service without prior notification to the Member. In addition, The Company bears no responsibility whatsoever with regard to damages incurred by the Member or a third party due to the above suspension. (1) In the event that regular or emergency system maintenance of The Site is carried out (2) In the event that the communication lines for this service cannot be used due to reasons of Type 1 Telecommunications Carrier (3) In the event that The Site is made unavailable due to fire or power outage (4) In the event that The Site is made unavailable due to a natural disaster such as an earthquake, volcanic eruption, flood, tsunami, etc. (5) In the event that The Site is made unavailable due to war, turmoil, riot, unrest, labor dispute, etc. (6) In the event that The Company determines that a temporary suspension of The Site is necessary due to other operational or technological reasons *As stipulated in the preceding paragraph, the Member shall receive prior notification when this service is to be suspended. However, this shall not apply in an emergency situation. 7. In the event that data corruption is found in The Site due to some external factor (system failure, etc.), the Company shall bear no responsibility therefor. However, The Company keeps and manages one backup per day of the data. 8. The Company is able to terminate The Site upon notice to Members 1 month in advance, and it shall be considered that all Members have consented to this notice after posting the notice on the homepage for one month. Furthermore, in the termination of The Site, by means of the preceding procedure, The Company shall be exempt from liability for damage by the Member or a third party. 9. In the event that the statements etc. registered by the Member corresponds to Article 8 or is determined to be inappropriate by The Company, The Company may delete the said statement, etc. without any prior notification to the Member. 10. Through a method deemed appropriate by The Company, The Company may post advertisement, etc., of itself or a third party, or conduct a questionnaire survey, etc. on The Site, including on the webpage dedicated to Members, without prior consent by the Members. 11. Regarding an event operated by the contracted event organizer who has submitted an application and completed payment, the event organizer shall bear the liability and obligation for Membership registration of those who have completed the payment through The Site. 12. In the event that a Membership was not confirmed despite having received the application to the event from the Member through The Site, the event organizer shall bear all responsibility.
Article 15 Group applications
In the event that a Member makes a group application through The Site, the Member making the group application shall be designated as the group representative. The representative shall endeavor to make all event participants belonging to the group aware of the contents of the competition agreement, and the representative shall bear the responsibility in acquiring the consent of all event participants belonging to the group, to the agreement prescribed by the event organizer.
Article 16 Shopping service
In using the shopping service, the Member shall fully comply with the rules and conditions of the shopping service as prescribed by the Company as indicated on The Site.
Article 17 Community service
In using the community service, the Member shall fully comply with the rules and conditions of the community service as prescribed by the Company as indicated on The Site.
Article 18 Cancellations by the Member
1. In the event that a Member cancels his/her Membership, he/she shall notify The Company according to the designated procedure. 2. Membership to The Site shall be personal and exclusive to the Member.
Article 19 Cancellations by The Company
In the event that the Member corresponds to any of the respective items as shown below, The Company may cancel the usage agreement for this service. In such a case, the Member may not be notified of the cancellation. (1) In the event that the Member has engaged in a prohibited act as set forth in Article 8 (2) In the event that The Company is unable to contact the Member over an extended period of time. (3) In the event that the Member fails to comply with necessary technical guidance by The Company in the use of this service (4) In other cases in which The Company deems the Membership to be inappropriate
Article 20 Consultation and jurisdiction
1. With regard to the use of this service, any questions arising out of or in connection with any matter not stipulated herein or with the items stipulated herein, shall be settled in good faith upon consultation between the Member and The Company. 2. In the event that the matter cannot be settled by mutual accord, the Tokyo District Court shall have exclusive jurisdiction in the first instance.
Article 21 Governing law
The formation, effect, implementation and interpretation of this agreement shall be governed by the laws of Japan. The aforementioned items may be added to or altered as need by The Company, without prior notification to the Member.