Terms of service

 

Article 1 (Purpose)

 

  1. These Terms of Use (hereinafter referred to as the ``Terms'') apply to the use of ``CUPICK'' (hereinafter referred to as the ``Service'') operated by News and Coffee Co., Ltd. (hereinafter referred to as the ``Company''). Applies to Users (as defined in Section 2) who: Users use this service after agreeing to these terms.
  2. These Terms set forth the terms of use of this Service. All users who register for this service will use this service in accordance with the terms and conditions set forth in these terms, depending on conditions such as age and usage environment, in accordance with these terms.
  3. This Agreement (as defined in Article 2) will be established between the User and the Company when the User agrees to these Terms.


Article 2 (Definition)

　The following terms used in these Terms and Conditions shall have the meanings set forth below:

  1. “This Agreement”: Refers to the contract for the use of this Service concluded between the Company and the User, subject to these Terms of Use.
  2. “User”: Refers to everyone who has registered as a user of this service.
  3. “Products”: refers to digital photo books, books, photographs, music, videos, and other publications that users purchase using the Service.​
  4. 「user"Information": Refers to the ID and password of the user registered with this service.
  5. “Communication equipment”: refers to smartphones, tablet terminals, and computer equipment.


Article 3 (Contents of this service)
  1. By using this Service, Users can continue to purchase the Products they have purchased on this Service.can be viewedMasu.
  2. This product can only be viewed on this service and cannot be downloaded to the user's communication device or printed out on paper media.


Article 4 (User registration)
  1. Those who wish to become a user of this service must agree to the contents of this agreement and register as a user according to the procedures established by our company.
  2. If there is a change in the information registered pursuant to the preceding paragraph, the User is obligated to immediately carry out the procedures to change the registered information.
  3. We may refuse user registration at our discretion.
  4. Users may not use, lend, transfer, buy or sell, or pawn their account on this service to a third party.
  5. Users may cancel their registration at any time by notifying the Company using the method prescribed by the Company.


Article 5 (Conditions of use)
  1. This service is only available to users who have purchased this product.
  2. Users may use this service only under the usage environment and terms of use stated on the website. Depending on the user's usage environment, normal operation may not be possible.
  3. This service has a valid period during which each content can be viewed. You will not be able to view it after the validity period has passed. Please note that some content does not have an expiration date. Please check the viewing period at the time of purchase.


Article 6 (Purchase of this Product)
  1. If a user wishes to purchase this product, he or she will place an order in accordance with the method specified by our company, and a sales contract for this product will be established upon notification of order confirmation from our company. Furthermore, in order to improve the convenience of using this service, our company may change the specifications of the purchase procedure for this product from time to time.
  2. If a minor purchases this product, he or she must obtain parental consent.


Article 7 (Payment)
  1. The User shall pay for the Product in accordance with the method specified by the Company.
  2. Upon payment of the price, the sales contract set forth in the preceding article will be concluded. Please note that fees related to payment shall be borne by the user.


Article 8 (Return of this product)

We do not accept returns or exchanges of this product due to the user's convenience after the order is completed.


Article 9 (Management regarding user information and communication devices)
  1. The User shall provide all necessary equipment, communication means, transportation, and other environments necessary to receive the Service at his or her own expense and responsibility. In addition, all communication costs required for using this service shall be borne by the user.
  2. Users are responsible for managing their user information and communication equipment.User information andcommunicationThe user is responsible for any damage caused by insufficient management of the device, operational errors, use by a third party, etc., and the Company will not be held responsible for any damage caused by the Company's intent or negligence.
  3. If there is a risk that the User Information or communication equipment may be used by a third party, the User shall immediately notify the Company and follow the Company's instructions, if any.


Article 10 (Conditions for providing this service)
  1. The Company may change, suspend, discontinue, or terminate the content of the Service at any time without prior notice to the User, if the Company deems it necessary.
  2. Even if the user or a third party suffers damage as a result of changing, discontinuing, suspending, or terminating the content of this service, we will not be responsible for any damage, unless there is a cause attributable to our company. Masu.


Article 11 (Intellectual property rights, etc.)
  1. Regardless of the method or form, the User shall use all information and content provided through the Service (hereinafter collectively referred to as "Company Content") within the scope of personal use as stipulated in the Copyright Act. beyondCopying, reprinting, public transmission, modification, or other use is prohibited.。
  2. All copyrights, patent rights, utility model rights, trademark rights, design rights, and other intellectual property rights related to our content, as well as the right to register these rights (hereinafter collectively referred to as "intellectual property rights"). shall belong to the Company or its licensors, and not to the User. Furthermore, regardless of the existence of intellectual property rights, users must not copy, distribute, reprint, transfer, publicly transmit, modify, adapt, or make any other secondary use of the Company's content.
  3. If a user violates the provisions of this article and a problem occurs, the user must resolve the problem at his or her own expense and responsibility, and take appropriate measures to avoid any disadvantage, burden, or damage to the Company. Must be.


Article 12 (Prohibited Matters)
　1.　The Company prohibits the acts specified in the following items when using the Service by the User.

  1. Acts that violate these Terms
  2. Infringes property or personal rights such as intellectual property rights, patent rights, utility model rights, design rights, trademark rights, copyrights, portrait rights, etc. of the Company, licensors licensed by the Company, and other third parties. or acts that may infringe on these.
  3. Any act that causes or may cause disadvantage or damage to the Company or a third party
  4. Acts that unfairly damage the honor, rights, or trust of others, or acts that may cause such damage.
  5. Acts that violate laws, regulations, etc.
  6. Acts that are or may violate public order and morals, or acts that provide information that may violate public order and morals to other users or third parties.
  7. Criminal acts, acts that lead to criminal acts, acts that encourage criminal acts, or acts that are likely to lead to criminal acts.
  8. Unauthorized access to our system, falsification of program code, intentional falsification of location information, cheating using communication equipment specifications and other applications, distribution of computer viruses, and other acts that interfere with the normal operation of this service. or any act that is likely to result in such behavior.
  9. Use macros and functions or tools that automate operations.
  10. If technical measures such as copy protection are applied to this Service, circumvent or cancel them, or cancel or modify copyright management information.
  11. Acts that damage the credibility of this service, or acts that are likely to do so.
  12. Acts that may have a negative impact on the mind and body of young people and their healthy development
  13. Acts of impersonating a third party and using this service by using another user's account or using other methods
  14. Acts that lead or may lead to crimes such as fraud, abuse of controlled substances, illegal sale and purchase of savings accounts and mobile phones.
  15. Acts related to criminal proceeds, acts related to terrorist financing, or acts suspected thereof.
  16. Other acts that our company deems inappropriate.
2. If the Company determines that the User's actions fall under any of the items in Paragraph 1, the Company may take any or all of the following measures without prior notice.
  1. Restrictions on the use of this service
  2. Dismissal due to cancellation of this agreement
  3. Other actions that our company reasonably deems necessary.


Article 13 (Cancellation)
　1.　The Company will terminate this Agreement without any notice, etc. if the User falls under any of the following items. You can then withdraw your membership.
  1. If the registration information contains false information
  2. If you have been subject to withdrawal from our company in the past
  3. If there is a notification from the user's heir, etc. that the user has died, or if the Company is able to confirm the fact of the user's death.
  4. If a minor, adult ward, person under curatorship, or person under assistance purchases this product without the consent of a guardian, adult guardian, curator, assistant, etc.
  5. If an adult ward, person under curatorship, or person under assistance uses this service without the consent of the adult guardian, curator, assistant, etc.
  6. If you do not respond in good faith to a request from our company
  7. In other cases that our company deems inappropriate.

　2. In addition to the cases stipulated in each item of the preceding paragraph, the Company may terminate this Agreement and cause the User to withdraw from membership by notifying the User at least 30 days in advance.In addition, if the user wishes to withdraw from membership, he or she may cancel this agreement and withdraw from membership as of the last day of the month by following the withdrawal procedures established by the Company.

　3. Users who withdraw from membership due to the measures set forth in Paragraphs 1 and 2 will lose the benefit of time limit upon withdrawal and will immediately fulfill all obligations owed to the Company.


Article 14 (Non-warranty/Disclaimer)
  1. The Company makes no guarantees regarding the accuracy, up-to-dateness, usefulness, reliability, legality, suitability for a specific purpose, and non-infringement of third party rights regarding the content of the Service and the Product. I don't do it.
  2. The Company shall not be responsible for any damage caused to the user due to the use or inability to use this service (including leakage of ID/password information due to loss of mobile device, etc.), whether direct or indirect. The Company shall not be held responsible unless there is a reason attributable to the Company.
  3. The Company will not be held responsible for any damages incurred by the User as a result of not changing the registered information.
  4. Users should use this service within the scope of laws and regulations. The Company assumes no responsibility whatsoever even if the User violates Japanese or foreign laws and regulations in connection with the use of this Service.
  5. The Company does not guarantee that the Service will not be interrupted, discontinued, or have any other problems. In addition, the Company may suspend or change the Service for maintenance etc. without notifying the User, but the Company shall not be liable in any way in this case.
  6. Even if user information is stolen due to unexpected unauthorized access, etc., the Company will not be responsible for any damage caused to the user as a result.


Article 15 (Liability for damages)

　1. If the User causes damage to the Company in connection with a violation of these Terms or the use of this Service, the User shall compensate the Company for the damages (including lost profits and attorney's fees).

　2. Regardless of the other provisions of these Terms except for the following paragraph, if the Company causes damage to the User due to reasons attributable to the Company, the Company will be responsible for compensating the damage only to the extent specified in the following items. .

  1. In the case of intentional or gross negligence on the part of the Company: the full amount of the damage
  2. In the case of slight negligence on our part: Within the scope of actual and direct ordinary damages (excluding special damages, lost profits, indirect damages and attorney's fees), and up to 10,000 yen.


Article 16 (Confidentiality)
　1. The User shall not disclose or leak confidential information disclosed by the Company to a third party in connection with the provision of the Service, or It must not be used for any purpose other than its intended purpose. Confidential information refers to information about our technology disclosed in connection with this service, regardless of whether it is in a document, electromagnetic data, orally, or in any other format, whether or not it is confidential, whether or not it is indicated or explicitly stated, or whether its scope is specified or not. This refers to information related to business or management.

　2. The following information shall not fall under confidential information.

  1. Information already in possession at the time of disclosure
  2. Information that was already publicly known at the time of disclosure, or information that subsequently became publicly known due to reasons not attributable to the individual.
  3. Information lawfully obtained from a third party after disclosure
  4. Information independently developed or created without relying on disclosed confidential information


Article 17 (Elimination of Anti-Social Forces)
　1.　The user is currently an organized crime group, a member of an organized crime group, a person who has ceased to be a member of an organized crime group for less than five years, and a member of an organized crime group. The applicant must not fall under any of the following categories: quasi-members, companies affiliated with organized crime groups, corporate racketeers, etc., thugs claiming to be social movements, special intelligence violent groups, etc. (hereinafter referred to as "organized crime group members, etc."), and each of the following: We hereby represent that this does not fall under any of the above, and we guarantee that it will not fall under any of the following in the future.
  1. Having a relationship where organized crime group members, etc. are recognized to have control over management.
  2. Having a relationship with a member of an organized crime group, etc. that is deemed to be substantially involved in management.
  3. Having a relationship that is deemed to involve unfair use of organized crime group members, etc., for the purpose of gaining fraudulent profits for oneself, one's own company, or a third party, or for the purpose of causing damage to a third party.
  4. Having a relationship that is recognized as being involved in providing funds, etc., or providing convenience to organized crime group members, etc.
  5. An officer or a person substantially involved in management has a socially reprehensible relationship with a member of an organized crime group, etc.
　2. The User undertakes not to engage in any of the following acts, either by himself or by using a third party.
  1. violent demands
  2. Unreasonable demands beyond legal responsibility
  3. Acts of threatening behavior or using violence regarding transactions
  4. Acts of spreading rumors, using fraudulent means or force to damage the credibility of the other party, or disrupting the other party's business.
  5. Other acts similar to the preceding items

　3. The Company shall not accept or warrant that the User is a member of an organized crime group, falls under any of the items of Paragraph 1, or engages in any act that falls under any of the items of the preceding Paragraph, or with respect to representations and warranties based on the provisions of Paragraph 1. If it is determined that a false declaration has been made, this Agreement may be terminated without any notice to the User, regardless of whether there is any reason attributable to the User.

　4. If the Company cancels this Agreement pursuant to the preceding paragraph, the Company confirms that it will not be responsible for compensating the User for any damage caused by this, and the User acknowledges this.

    Article 18 (Contact/Notification)

    1. When giving notifications regarding this service, we will notify users by posting on our website, push notifications via this app, or by any other method we deem appropriate. In addition, regardless of whether the user was able to receive the push notification or not, the push notification will be deemed to have arrived at the time it should have arrived.
    2. Inquiries regarding this service and other communications or notifications from users to our company, or other communications or notifications from our company to users, will be made by e-mail or other methods determined by our company. Notices become effective when they are sent by our company.


    Article 19 (Transfer of status, etc.)

    The User and the Company shall not assign, transfer, set collateral, or otherwise dispose of the status under this Agreement or the rights or obligations under this Agreement, in whole or in part, to a third party without the prior written consent of the other party. You cannot. However, this does not apply to stock transfers, business transfers, mergers, company splits, and other organizational reorganizations.

     

    Article 20 (Handling of personal information)

    Regarding the handling of personal information in this service, it will be handled based on the "Privacy Policy" established by our company.。


    Article 21 (Possibility of Separation)

    Even if all or part of any provision of these Terms of Use becomes invalid or illegal, such invalidity or illegality will not in any way affect the other provisions of these Terms of Use or their interpretation and application. It does not impair the legality and validity of, nor invalidate them.


    Article 22 (Validity period of this agreement)

    The term of validity of this Agreement shall be from the time this Agreement is established until the User withdraws from membership. In addition,Article 11 (Intellectual Property Rights, etc.), Article 13 (Cancellation), Paragraph 3, Article 14 (Non-warranty/Disclaimer) to Article 16 (Confidentiality), Article 17 (Elimination of Anti-Social Forces) The provisions of Paragraphs 3 and 4, Article 19 (Transfer of Status, etc.), Article 21 (Severability) to Article 26 (Miscellaneous) shall remain in effect even after the termination of this Agreement. .


    Article 23 (Changes to these Terms)
    　1. The Company shall If any of the following applies, these Terms may be changed at any time based on the provisions of Article 548-4 of the Civil Code. After these Terms have been changed, the changed Terms will apply to this Agreement.
      1. When changes to these Terms are in the general interest of users.
      2. When a change to these Terms does not contradict the purpose of the contract, and is reasonable in light of the necessity of the change, the appropriateness of the changed content, and other circumstances related to the change.
      　2. If we make any changes to these Terms, we will determine the effective date of the changed Terms and notify users of the contents of the changed Terms and the effective date at least two weeks prior to the effective date. We will notify users by notification, display on this service, or other methods prescribed by our company.
      　3. Notwithstanding the provisions of the preceding two paragraphs, if the User uses the Service after the changes to the Terms set forth in the preceding paragraph have been made known, or if the User does not take the cancellation procedures within the period specified by the Company, the User shall You agree to the changes to the Terms.


        Article 24 (Governing law)

        All applicable laws for these Terms shall be the laws of Japan.


        Article 25 (Jurisdiction by Consensus)

        All lawsuits between users and the Company shall be subject to the exclusive agreement of the Tokyo District Court as the first instance.JurisdictionCourt.


        Article 26 (Others)
        1. If the Company separately stipulates details regarding matters not stipulated in these Terms, the User shall comply with such details. In this case, the details, etc. shall be integrated with these Terms.。
        2. Details, etc. will become effective from the time they are posted in the place designated by our company.
        3. In the event that there is a conflict between the details and the contents of these Terms, these Terms will take precedence.


        Supplementary provisions


        February 7, 2024: Formulation and implementation