Terms of Service by Video Plant
Abstract
WANGET INC. (hereinafter referred to as the "Company") is a platform that provides a variety of services, such as order taking and management of video production (hereinafter referred to as the "Services") on the platform called Videoplant. (hereinafter referred to as the "Company") is a platform that provides a variety of services, including the management of video production orders (hereinafter referred to as the "Services") on the Videoplant platform. The Service is a platform that allows Videoplant members (hereinafter referred to as "Members") to order and manage video production and other services (hereinafter referred to as the "Service") through the Service. The Service is a platform that allows Videoplant members (hereinafter referred to as "Members") to make video production and editing requests to the Company through the Service. The Service provides Members with a convenient means of making video production and editing requests.
- (Membership Agreement)
- The Company has established the Videoplant Membership Agreement (the "Membership Agreement"). The Company has established the Videoplant Membership Agreement (the "Membership Agreement") and provides the Service to its members in accordance with the Membership Agreement.
- In addition to the Membership Agreement, the Company may establish other terms and conditions for individual services (hereinafter referred to as "Individual Terms"). In the event of any discrepancy between the Membership Agreement and the Individual Agreements, the Individual Agreements shall take precedence. In the event of any discrepancy between the Membership Agreement and the Individual Agreements, the provisions of the Individual Agreements shall take precedence.
- The individual terms and conditions, help pages, guide pages, and other pages describing the service shall also constitute a part of the Membership Agreement, unless otherwise specified, and together shall constitute the Membership Agreement. The Membership Agreement constitutes the standardized terms and conditions stipulated in Article 548-2 of the Civil Code.
- Members shall use the Service upon agreeing to the Membership Agreement.
- In principle, this service can only be used by persons of legal age. In the case of use by a minor, the minor must prove to us that he/she has obtained the consent of a legal representative or guardian of the minor in a manner separately determined by us, and we must be able to confirm the authenticity of such consent.
- (Modification of Terms and Conditions)
If deemed necessary, the company may change the membership agreement in accordance with Article 548-4 of the Civil Code. The Company will notify members of the changes, the content of the revised membership agreement, and the effective date of the changes by posting on the website, e-mail, application push notifications, or other appropriate means before the effective date arrives. However, the Company will not change fees to the disadvantage of members, unless otherwise agreed between the Company and members or a new agreement is concluded between the Company and members that includes plan changes, etc.
- (Method of notification to members, method of communication from members)
- Notification to members from the Company shall be made by e-mail, posting on the website, push notification of applications, or any other method deemed appropriate by the Company.
- If a notice is sent by e-mail, the notice is deemed to have reached the member when the Company sends the e-mail to the member.
- If a notice is posted on the website, it is deemed to have reached the member at the time the notice is posted on the website.
- Communication from the member to the Company shall be made in accordance with the method designated by the Company.
- (Member Registration)
- A person who wishes to use the Service shall register as a member through a method designated by the Company.
- In principle, members must be adults to use this service. All users must carefully read and agree to the Membership Agreement before registering as a member. If a minor becomes a member and wishes to use the Service, he/she must obtain the consent of his/her legal representative or guardian of the minor in accordance with Article 1.5 of the TOS.
3 Upon using the Service, the Member shall be deemed to have agreed to the Terms of Service and the setting of the usage fee for the use of the Service as stipulated by the Company, regardless of the method of application, such as signing and delivery of a contract, enrollment through an application form created by the Company, or any other method of application.
- (User ID and Password)
- Members shall manage their user IDs and passwords strictly at their own risk, and the Company shall not be liable for any unauthorized use by a third party.
- Members shall manage their user IDs and passwords strictly at their own risk, and the Company shall not be liable for any unauthorized use by a third party.
- When the Service is used with a registered user ID and password, the Company shall deem the Service to have been used by the member with the user ID and password, and the effects of such use shall belong to such member.
- If a member becomes aware that his/her user ID and password are known to a third party or suspected of being used by a third party, the member shall immediately report this to the Company and follow the Company's instructions.
- (Prohibition of transfer, etc.)
The Company prohibits members from transferring, selling, leasing, succeeding, licensing, or otherwise disposing of their membership status, rights to use the Service based on their membership status, or member rights or obligations to a third party.
- (Change of registration information)
- Members are obligated to immediately make any changes to their e-mail address, telephone number, credit card information, or any other information registered with the Company.
- The Company shall not be liable for any disadvantages or damages incurred by members as a result of changes to their registration information.
- (withdrawal from a group)
- If a member wishes to cancel his/her membership from the service, he/she shall do so at least 30 days prior to the desired cancellation date in a manner prescribed by the Company.
- Withdrawal from membership does not relieve a member of any financial or other obligations to the Company.
- (Profile, message function, etc.)
- The Company provides members with profile pages and message functions on the service (including account pages, etc.), as well as the ability to comment on content. Members may create, edit, and post profile pages and send messages using the message function in the manner and to the extent prescribed by the Company.
- Members agree in advance that their profile pages will be viewed by the Company on the Service.
- (Service Environment)
- Members shall prepare, at their own responsibility and expense, the usage terminal, electronic equipment, telecommunications equipment, software, and Internet connection environment for using the Service.
- Communication and other costs incurred in using the service shall be borne by the member.
- When using the Service via a proxy server, VPN server, etc., you may not be able to use the Service normally.
- (Member's own responsibility)
- If a dispute arises between a member and a third party in connection with the use of the service, the member shall resolve the dispute at the member's own responsibility and expense.
- If a member causes damage to a third party in connection with the use of the service, the member shall compensate for such damage at the member's responsibility and expense.
- (settlement)
- The member shall pay the service usage fees and other expenses incurred by the member (hereinafter referred to as "fees, etc.") by the method of payment designated by the Company. The member shall pay the service charge and other expenses incurred by the member (hereinafter referred to as the "Charges") by the payment method designated by the Company.
- Members may pay for their purchases by any means of payment provided by the settlement company.
- In the case of the preceding paragraph, the member shall enter into a contract with the settlement company in accordance with the terms and conditions stipulated by the settlement company, and the Company shall not be involved in this.
- (When payment is legally completed with the proxy recipient, a sales contract for the contents is concluded and the member can immediately view the contents.)
- In the event that the Company is engaged in the business of receiving payments from members, it shall be sufficient for the Company to use commercially reasonable efforts with respect to such business, and the Company shall have no obligation to go beyond such efforts.
- Members shall not pay any charges directly to members. Members may not reject claims from the Company on the basis that they have directly paid the member.
- (various fees, etc.)
- When a Member uses the Service based on a subscription-type agreement with the Company, the Member shall pay the Company compensation for the use of the Service (hereinafter referred to as "Platform Fee"). The Member shall pay the Company a fee for the use of the Service (hereinafter referred to as "Platform Fee").
- Platform fees are determined based on a separate video plant usage agreement between the member and the Company.
- (Prohibited acts)
- The Company prohibits the following actions when members use the Service
- Infringement of copyrights, trademarks, design rights, patent rights, utility model rights, or other intellectual property rights of the Company or any third party
- Any act that infringes on the property rights, portrait rights, publicity rights, personal rights, honor rights, privacy rights, etc. of the Company or any third party
- Acts contrary to public order and morals or laws and regulations
- Criminal acts, acts connected with criminal acts, and acts that encourage criminal acts
- Acts that violate laws and regulations governing the distribution of child pornography, pornography, or obscene materials
- Actions that place an excessive burden on our servers
- Interfering with the operation of this service
- Use of the Service for purposes that are different from the original purpose of providing the Service.
- Acts that cause disadvantage to the Company or third parties
- Acts of slandering, threatening, or harassing the Company or a third party.
- Acts that discriminate or encourage discrimination against third parties
- Collecting and disclosing personal or privacy information without the consent of a third party
- Pre-election campaigning, election campaigning, or similar activities, as well as any activities in violation of the Public Offices Election Law
- Use of the Service for the purpose of soliciting pyramid schemes
- Posting links that connect outside of the Service
- Acts that interfere with the Company's business
- Registering false information to the Service
- Acts prohibited by the Membership Agreement or individual terms and conditions
- Any other actions that the Company deems inappropriate.
- The Company shall determine, at its own discretion, whether or not any of the prohibited activities described in the preceding paragraph applies, and the Company shall not be held accountable for its determination.
- If the Company suspects that any of the prohibited activities described in Paragraph 1 have occurred, it will conduct an investigation to the commercially reasonable extent. In such cases, members are obligated to cooperate with the Company to the extent the Company deems necessary in the investigation.
- If the Company determines that a member's conduct falls under any of the prohibited conducts in Paragraph 1, the Company may take any or all of the following actions without prior notice.
- Restrictions on Use of this Service
- Termination of membership due to cancellation of registration
- Other acts that the Company deems necessary
- The Company shall not be liable for any damages incurred by members as a result of the measures described in the preceding paragraph.
- The Company may demand that a member compensate the Company for any and all damages, losses, and expenses (including legal fees and attorney's fees) incurred by the Company as a result of the member's violation of the Membership Agreement. The Company may demand compensation for any and all damages, losses, and expenses (including legal fees and attorney's fees) incurred by the Company as a result of a breach of the Membership Agreement.
- The Company prohibits the following actions when members use the Service
- (Restriction on use of services)
- The Company may restrict a member's use of the Service in any of the following cases
- If there is a suspicion that a member's user ID and password are being used by a third party
- When there is a suspicion that the registration information contains false information
- If we are unable to contact the member
- When the Company deems it necessary for other reasons
- The Company shall not be liable for any damages incurred by members as a result of the measures described in the preceding paragraph.
- The Company may restrict a member's use of the Service in any of the following cases
- (Cancellation by the Company)
- The Company may cancel a member's registration and terminate the membership without any notice, etc., if any of the following items applies to a member
- If the registration information contains false information
- In case of delay in payment of payment, etc.
- If the Member's credit condition deteriorates and the Member has difficulty continuing to make payments.
- If you have been expelled from the membership by the Company in the past
- When a member's heirs or other family members inform the Company that the member has died, or when the Company is able to confirm the fact of the member's death.
- If the Company determines that the applicant falls under the category of antisocial forces, etc. (boryokudan (organized crime groups), boryokudan members, quasi-constituents, companies affiliated with boryokudan, general assemblymen, social activists, political activists, special intelligence, etc., or persons equivalent thereto).
- If a petition for commencement of bankruptcy proceedings or civil rehabilitation proceedings is filed
- If you do not respond to our request in good faith
- Any other cases in which the Company deems it inappropriate
- The Company shall not be liable for any damages incurred by members as a result of the measures described in the preceding paragraph.
- Members who withdraw from membership as a result of the measures described in Paragraph 1 shall forfeit the benefit of the term upon withdrawal and shall immediately fulfill all obligations owed to the Company.
- The provisions of Article 8, Paragraphs 2 through 3 shall apply mutatis mutandis to the case of withdrawal from membership under this Article.
- The Company may cancel a member's registration and terminate the membership without any notice, etc., if any of the following items applies to a member
- (Interruption of service provision)
- The Company may suspend provision of the Service in any of the following cases
- When performing maintenance and inspection of this service
- In the event of fire, power failure or other accidents
- In the event of natural disasters or other emergencies
- system fault
- In the event of unavoidable circumstances arising in the course of our business
- When the Company deems it necessary for other reasons
- The Company shall not be held liable for any damages incurred as a result of a member's inability to use the service due to the measures described in the preceding paragraph.
- The Company may suspend provision of the Service in any of the following cases
- (Change, addition, or discontinuance of services)
- The Company may, at any time, change (including, but not limited to, changing the contents of the Service or the specifications of the Service), add to, or discontinue the Service, in whole or in part. (including, but not limited to, changes in the content of the Service or the specifications of the Service), additions to, or discontinuation of the Service at any time.
- The Company shall not be liable for any modification, addition, or discontinuance of all or part of the Service pursuant to the preceding paragraph.
- When the Company changes, adds, or discontinues all or a significant part of the Service in accordance with the provisions of Paragraph 1, it will notify the member to that effect at least a reasonable period of time in advance. However, this does not apply in cases of emergency or unavoidable circumstances.
- (Disclaimer)
- The Company does not guarantee in any way that the Service will be suitable for any particular purpose of the member or that it will have the quality or value expected by the member.
- The Company does not guarantee the completeness, accuracy, reliability, or usefulness of the Service. In addition, the Company does not guarantee that the Service will be free from any factual or legal defects.
- The Company shall not be liable for any disadvantage or damage caused by the member's use of the service.
- The Company shall not be liable for any disadvantage or damage caused by a member's inability to use the service.
- If the contract between the Company and a member regarding use of the service constitutes a consumer contract under the Consumer Contract Act, the provisions of the membership agreement that completely exempt the Company from liability for damages shall not apply. In such cases, if the damages incurred by the member are based on default or tort by the Company, the Company shall be liable for damages up to the amount paid by the member to the Company for the use of the service in the most recent month. However, this shall not apply in cases of willful misconduct or gross negligence on the part of the Company.
- Among the links placed on sites managed by the Company, sites managed by third parties are not under the control of the Company, and the Company assumes no responsibility for such sites.
- (Secret keeping)
1 The Company and the Member shall not disclose or divulge to any third party without the prior written consent of the other party any technical or business or other business information of the other party obtained in the process of providing the Service, and shall use such information only for the purpose of providing the Service and not for any other purpose. The information shall be used only for the provision of the Service and shall not be used for any other purpose. However, if it is reasonably determined that it is necessary to disclose confidential information to the recipient or an officer or employee of an affiliated company or a lawyer, accountant, or tax accountant who is obligated to maintain confidentiality under the law, the recipient of the information shall, on the condition that the recipient is obligated to do the same, disclose the confidential information on his/her own responsibility to the extent necessary and to the minimum extent possible. Confidential Information may be disclosed to such persons to the minimum extent necessary on the responsibility of the recipient of the information, provided that the recipient is obligated to do the same.
(2) The provisions of the preceding paragraph shall not apply to information that falls under any of the following categories
(1) Information that was already in its possession when the disclosure was received
(2) Information that is already public knowledge at the time of disclosure
(3) Information that has become public knowledge through no fault of its own after being disclosed
(4)Information lawfully obtained from a third party with legitimate authority
(5)Information that was independently developed or obtained without information disclosed by the counterparty
3 Even after the service period has ended, the Company and the Member shall keep such confidential information confidential and shall not disclose or provide it to any third party without the prior written consent of the other party.
- (Response to claims by third parties)
- Members shall, at their own expense and responsibility, settle any claims or demands made against the Company by third parties based on any of the following reasons.
- If the Member breaches any of its obligations under the Agreement or violates any of its representations and warranties under the Agreement
- If we receive a claim through video plant that the content posted by a member or the specification of a mark by a member infringes on the intellectual property rights of a third party.
- If a Member violates this Agreement or any law or ordinance (including any act prohibited by the use of the video plant).
- If a third party files a civil lawsuit or other legal proceedings against the Company ("Lawsuit") due to any of the grounds set forth in each item of Paragraph 1 of this Article, the Member shall submit materials requested by the Company and provide any other necessary cooperation in connection with the Lawsuit. In the event that a third party files a civil lawsuit or other legal proceeding against the Company ("Lawsuit, etc.") due to any of the grounds set forth in Paragraph 1 of this Article, the Member shall submit materials requested by the Company and provide other necessary cooperation in connection with such Lawsuit.
- The member shall indemnify the Company for any compensation for damages, settlement, settlement, and other expenses (including attorney's fees) reasonably incurred by the Company, which the Company becomes obligated to pay as a result of a claim, etc. as set forth in Paragraph 1 of this Article or a lawsuit, etc. as set forth in Paragraph 2 of this Article.
- Members shall, at their own expense and responsibility, settle any claims or demands made against the Company by third parties based on any of the following reasons.
- (Intellectual Property Rights)
- The copyrights, neighboring rights, trademarks, design rights, and other intellectual property rights of the images, sounds, programs, text, images, illustrations, designs, trademarks, logos, and all other information provided by the Service (hereinafter referred to as the "Contents") The copyrights, neighboring rights, trademark rights, design rights, and other intellectual property rights of the Content belong to the Company or third parties that have licensed their use to the Company. However, if a member is still under contract for the service, the Company will not object to the member regarding infringement of intellectual property rights related to content such as videos produced by the Company based on the member's use of the service. However, this does not apply to infringements of moral rights, such as unauthorized or intentional modifications.
2 The Contents may be used by the Company to promote the Service and other services provided by the Company, but even in such cases, care will be taken to ensure that the rights of members are not unreasonably infringed.
3 If a member wishes to use the contents of the service after its termination, the member may continue to use the contents as long as the use is in a manner that does not cause damage to the Company. In such cases, the Company will not exercise moral rights against the member.
4 Members shall not engage in any conduct that infringes on the rights of the Company or any third party with respect to the Content.
5 Any person who violates the provisions of the preceding paragraph and infringes the rights of the Company or a third party shall be liable to compensate the Company or the third party for such damages.
- (Business transfer)
In the event that the Company transfers the business of the Service to a third party, the Company may transfer its position as operator of the Service, rights and obligations under the Membership Agreement, and member registration information and other information to the transferee of such business transfer, and members shall agree in advance to such transfer of their membership status, rights and obligations under the Membership Agreement, and member registration information and other information.
- (Outsourcing)
- The Company may have a third party (including a third party located in a foreign country) perform all or part of the Service's operations on its behalf, and Members agree to this in advance. The member agrees in advance to this.
- In the case of the preceding paragraph, if the Company deems it necessary, the Company may provide personal information to third parties (including third parties located abroad). In the case of the preceding paragraph, the Company may, if it deems necessary, provide personal information to a third party (including a third party located outside Japan), and the member agrees to this in advance.
- (Transfer of receivables)
- The member agrees in advance without objection that the Company may assign its claims against the member to a third party (the "Assignee"). The member agrees in advance, without objection, that the Company may assign its claims against the member to a third party (the "Assignee").
- In the case of the preceding paragraph, the member agrees without objection in advance to provide the Company's assignee of the claim with the member's name, address, telephone number, and other information necessary to make a claim on the claim in order for the Company to use such claim for billing and collection purposes.
- In the case of Paragraph 1, the Company and the assignee of the claim may omit individual notification to the member or request for approval of the assignment.
- (Liability for damages)
If a member causes damage to the Company in connection with the use of the Service, the member shall be liable for compensation for such damage.
- (Governing law and court of exclusive jurisdiction)
- The Membership Agreement shall be governed by and construed in accordance with the laws of Japan.
- The Tokyo District Court shall have exclusive jurisdiction in the first instance over any disputes arising between the Company and members regarding the Service or the Membership Agreement.
- (Handling of personal information)
The Company handles personal information of members in accordance with the "Handling of Personal Information" stipulated by the Company.
- (Severability)
If any provision of the Membership Agreement, or any part thereof, is found to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of the Membership Agreement shall remain in full force and effect.
- (Cooperation with external services)
- Members may use services operated by third parties (services designated by the Company and hereinafter referred to as "External Services"). The company operating the External Service is hereinafter referred to as the "External Service Operator"). The member may register as a member as stipulated in Article 4 by using an account created by the member on the third-party service (the service designated by the Company, and hereinafter referred to as the "External Service"). Such member registration can be made through a procedure (hereinafter referred to as the "Linkage Procedure") in accordance with the procedures specified by the Company. The member can register as a member of the company by following the procedures specified by the company (hereinafter referred to as the "Linking Procedures").
- In performing the linkage process, members shall consent to the Company acquiring information about members registered with external services ("external service information") and displaying this information during member registration. The member agrees that the Company may obtain information about the member registered with the external service ("External Service Information") and display it at the time of member registration.
- We handle personal information contained in acquired external service information in accordance with our "Handling of Personal Information" policy.
- The registration and use of an account with an external service (including the content and posting of posts and other activities) Members shall abide by the terms and conditions set forth by the operator of the external service.
- Members are responsible for registering and managing their accounts on external services.
- Even if a member or a third party incurs damages due to insufficient management of the member's external service account and password, error in use, or use by a third party, the member shall be responsible for such damages, and the Company shall not be liable for any such damages. In addition, if the Company incurs any damages due to such reasons, the member shall bear full responsibility for such damages and shall compensate the Company for any and all losses incurred.
- When using external services, members shall use such services at their own risk, and the Company shall not be held responsible for any damage caused by the use of such services, any trouble with the operators of such services or members, or any other matters related to such services.