EC Blog Terms of Use

This EC Blog Terms of Use (the “Terms of Use”) shall be commonly applicable to all users of EC Blog at the loftwork.com (http://www.loftwork.com）which is owned and operated by loftwork Inc. (the “Company”). Upon using EC Blog, the user shall be deemed to have accepted all of the terms and conditions of loftwork.com Terms of Use and this Terms of Use.

1. Definitions

Unless otherwise provided, the definitions of the following terms shall apply to this Terms of Use, the Company’s Privacy Policy and EC Blog User’s Guide.

(1) “Services” means services which enable creators registered at “loftwork.com”（http://www.loftwork.com）, a creator portal sites provided by the Company, to sell downloadable items such as illustrations, photographs and materials, and visitors at loftwork.com to purchase these. This is also called as “EC Blog.”
(2) “Terms of Use” collectively means this Terms of Use, the Company’s Privacy Policy and EC Blog User’s Guide.
(3) “Members” means those individuals and corporate customers who accepted loftwork.com Terms of Use and registered for its membership in accordance with the procedures prescribed by the Company for the use of various services provided by loftwork.com.
(4) “Members and Others” means Members, applicants who applied for a registration and visitors at loftwork.com.
(5) “Distributors” means the Members who agreed with this Terms of Use, and sell products, etc. by using the Services. They are also called as “Distribution Creators.”
(6) “Purchasers” means the Members and Others who purchase products, etc. by using the Services.
(7) “Service Charges” collectively means charges for the sales of the products, etc. by using the Services, and any and all expenses incurred in connection with the use of the Services.

2. Terms and Conditions for the Use of the Services

(1) The user is required to agree with this Terms of Use for the use of the Services. If the user does not agree with this Terms of Use, the user cannot use the Services.
(2) If the use of the Services is prohibited under the laws of the country where the user resides or under the laws of any other country including countries to which the user makes an access to the services, in such case, the user cannot use the Services.
(3) The Distributors shall comply with laws and regulations, etc. and shall have obligation to specify detailed product information (including file format for downloading and its operating environment) and terms and conditions of transactions for the Purchasers.
(4) Upon the Purchasers purchasing the products, etc., the Purchasers shall be deemed to have acknowledged product information and terms and conditions of transactions.
(5) The Members shall use the personal information of the other Members who participate in the Services for the purpose of participation to the Services or fully completing the transaction by using the Services, and shall not use the same for any other purpose. The Members are prohibited from collecting the other Members’ personal information by using the Services. The term personal information used herein means any and all information which users posted or transmitted in connection with the Services including data, text, photographs, drawings, pictures, sound, music, valuation, in addition to name, e-mail address or the like.
(6) The Members represent and warrant that copyrights of the posted contents and other rights belong to the Members, and do not infringe any third party’s rights. If the Members breach such representations and warranties, the Members shall be liable to compensate for any damage resulting from or in relation to such breach, and the Company shall assume no liability thereof.

3. Sales of Products

The Distributors may only sell self-produced works as a product. At the present moment, the Distributors may only sell the products in a form of digital data.

4. The Charges for the Services and Payment Method

(1) The Members and Others may be subject to the payment of charges in connection with the use of the system of the Services. Such details of charges shall be provided in the User’s Guide and other similar manuals.
(2) The charges set forth in the preceding Paragraph shall be paid through the online payment system provided by PayPal. Matters regarding payment including terms and conditions of payment and refund shall be governed by Pay Pal’s terms of use. The Company shall assume no responsibility for any disputes arising in relation thereto.
(3) No receipt or other similar documents shall be issued in relation to the amounts paid for the use of the Services.
(4) The Company, if it finds necessary, may change the charges for the Services in the future. Changes to the charges shall become effective at the time such changes are posted at loftwork.com. Provided, however, that in case of an increase in the charges, the Company shall announce such changes by posting at least thirty (30) days prior notice at loftwork.com. Such changes shall become effective after the elapse of thirty (30) days upon the announcement of the changes of charges at loftwork.com, and users shall be deemed to have acknowledged such changes.

5. Prohibited Acts

(1) The Members and Others are prohibited from engaging or making any of the following acts or expressions (the “Prohibited Matters”):
(i) Any act or expression that breaches this Terms of Use or loftwork.com Terms of Use;
(ii) Any act or expression which breaches laws and regulations (law, cabinet order, ministerial ordinance, municipal ordinance, regulations, orders, etc.) or any act or expression which solicits or encourages act which constitutes a breach against these;
(iii) Any transaction of the following products;
*Any work produced by others;
*Any products which is prohibited to exhibit/sell under the law;
*Any product which fails to meet license or qualification requirements required by the law in relation to its sales;
*Any product related to pornographic business; or
*Any other products which the Company finds to be inappropriate.
(iv) Any act which increases load on the server;
(v) Any act which obstructs operations of the Services or network system;
(vi) Any act which obstructs the access or manipulation of other Members and Others;
(vii) Any act which infringes honor, trust, privacy rights, publicity rights, copyrights or any other rights of the others;
(viii) Any act which denigrates, threatens, harasses or otherwise causes economic or emotional damage or disadvantage to other Members and Others;
(ix) Any act of posting to the place which is permitted to write at “EC Blog” or transmitting as a message the following contents of information;
*Information including affiliate links;
*Information which solicits others such as pyramid scheme, chain mail, multilevel marketing and read mail;
*Any information which leads to a pornographic website; or
*Any other information which the Company determines to be inappropriate.
(x) Any act which is transmitting messages to unspecified number of people;
(xi) Any act which is posting false explanation or pictures regarding the works for sale;
(xii) Any act of conducting business of advertisements/promotions, etc. individually towards the information (such as e-mail address, URL and address) obtained in the course of the use of the Services; or
(xiii) Any other acts which are against public order and morality, or general knowledge.
(2) If the Members and Others conducted the prohibited acts set forth in the preceding Paragraph, regardless of intentional act or negligence, such Members and Others shall be totally liable for any damage including compensation for damages suffered by the Members and Others or third parties due to such prohibited acts. In the event the Company suffers any damage due to the Members and Others conducting the prohibited acts set forth in the preceding Paragraph, such parties involved shall jointly and severally compensate for such damage
(3) In case of disputes arising between the right holder or persons who are permitted by the right holder and the Members and Others due to an infringement of a third party’s rights caused by the Members and Others, such Members and Others shall resolve the dispute at its own responsibility and expense. In the event the Company suffers any damage, such Members and Others shall be liable for the compensation of such damages to the Company.
(4) If the Company determines that the Members may have infringed intellectual property rights of a third party, or otherwise determines that the Members breached this Terms of Use or took inappropriate act in the context of the purpose of this Terms of Use, the Company may, at its sole discretion, delete any and all contents posted at loftwork.com by the Members, without giving any prior notice thereof.

6. Disclaimer

(1) The Company shall assume no liability for any damage suffered by the Members and Others or third parties due to additions, changes, malfunction or any other unexpected causes occurred to the Services.
(2) If the Members breached this Terms of Use or laws and regulations, or otherwise was found to have committed a fraudulent act and other similar acts, the Company has a right to suspend uses of loftwork.com by such Members. The Company shall assume no liability for any damage resulting therefrom.
(3) The Company may disclose information for identifying an individual such as status of use, name and address to its alliance partner and the like, in order to refuse the use by the persons who beached the terms of use such as causing damage to the other Members or third parties, or trying to use the services for illicit and unreasonable purposes.
(4) In case of troubles arising between the Members, such Members involved shall resolve the trouble, and the Company shall assume no responsibility thereof.
(5) The Company has no obligation to manage/store the information such as texts and images posted by the Members. The information posted by the Members shall be managed at the responsibility of such Members. The Company shall assume no liability for the dispute or damage arising thereto.
(6) The Company is not liable for any damage arising from any link of advertisements posted at loftwork.com or of advertisements contained in e-mail sent by the Company to the Members, or of URL to the other websites or resources written by the Members and Others.
(7) The Company shall assume no liability for any damage resulting from or in relation to the contents of services, provision status, access, usage environment of loftwork.com or any other matters in relation to the services of the Company’s website.
(8) The Company shall have a right to revoke the membership of loftwork.com which is not used for a certain period of time.

7. No Warranty for the Substances, etc of the Information

(1) The Company, in principle, shall not confirm the nature of any substances or the quality, accuracy, credibility, legality (hereinafter, including non-infringement against the rights of others), recency, usability or the like of the information transmitted or posted by the Members and Others in relation to the Services.
(2) The Company shall not guarantee or assume any responsibility for the nature of any substances or the quality, accuracy, credibility, legality, recency, usability or the like of the information in relation to the Services (such as matters regarding transactions and matters transmitted or posted by the Members and Others).
(3) The Members and Others must, at its own judgments, determine the nature of substances and the quality, accuracy, credibility, legality, recency, usability and the like of the information transmitted or posted by the other Members and Others.

8. Intellectual Property Rights in relation to the Services

(1) Any and all industrial property rights, know-how, programs, copyrights and any other intellectual property rights included in the Services and any rights in relation thereto belong to the Company, and unless the Company acknowledges in writing in advance, these may not be reproduced or sold.
(2) Any copyright of the contents posted by the Members belong to the Members who posted such contents. Provided, however, that in case the Company secondarily uses those information (such as indication/quotation/reprint) on websites or publications, etc. outside of the Services, the Members shall permit such use.

9. Changes to the Services and the Terms of Use

(1) The Company may, at its discretion, change, modify, delete, or add the Services or this Terms of Use without giving prior notice to the Members and Others. Except for the cases set forth in Article 4, Paragraph 4 of this Terms of Use, any change, modification, deletion or addition of this Terms of Use shall become effective at the time these are posted at loftwork.com.
(2) The Company shall assume no liability for any damage suffered by the Members and Others or third parties due to change, modification, deletion or addition to this Terms of Use, whether direct or indirect damages, or could be predicted or unpredicted.

10. Termination/Suspension, etc. of the Services

(1) The Company may, at its discretion, terminate, cease or suspend all or a part of the Services, without giving prior notice to the Members and Others.
(2) The Company shall assume no liability for any damage suffered by the Members and Others or third parties, whether direct or indirect damages, or could be predicted or unpredicted as a result of the termination, cessation or suspension of all or a part of the Services.

11. Method of Notification

(1) Whenever the Company finds it necessary to give notice or take contact with the Members, the Company shall give notice or take contact to the e-mail address, telephone number, or address given in the membership information registered by the Members via e-mail, telephone, or mails, etc.
(2) If the Members find it necessary to notify, take contact or inquire the Company, the Members shall make thereof to the contact address given under the Services provided by the Company.
(3) Pursuant to the immediately preceding Paragraph, in case of any inquiry from the Members, the Company may confirm identification of the Members in a manner designated by the Company internally at the time. With regard to the manner of answering such inquiry (including e-mail, telephone and mails), the Company may answer such inquiry in a manner that the Company determines to be most suitable on a case-by-case basis.

12. Privacy Policy

The Company shall treat the personal information of the Members in accordance with the Privacy Policy provided at loftwork.com.

13. Governing Law and Jurisdiction

The Services and the Terms of Use shall be governed by the laws of Japan. The Tokyo District Court shall be designated as the exclusive court of the first instance for all disputes that arise between the Members and Others and the Company in connection with the Services or the Terms of Use.