Terms of Service

When registering Liveauctions.jp, you must agree to the Terms of Service (hereinafter referred to as "the Company"). You will be asked to agree to this.

1. Use of our services

You indicate consent to these Terms of Service by using our services.

Furthermore, when you use services that we provide without charge, you shall be deemed to have consented to Terms of Service, in substitution for a procedure indicating your consent to these Terms of Service.

2. No guarantee of service content; service content changes

We do not guarantee that the content of services we provide is free of defects or bugs.

Furthermore, we may change the content or specifics of the services, or suspend or cancel the provision of the services without prior notice to customers.

3. Service use restrictions

We may add conditions for use of the services, such as limiting their use to those who have a registered Liveauctions.jp (hereinafter in this Chapter, “ID”), who are a certain age or older, or who satisfy certain requirements through procedures specified by us, such as identity identification.

In addition, we do not allow use by members of anti-social forces (including those who were members in the past), by persons so involved, or by customers who abuse a service, or through their use cause trouble to a third party.

4. ID registration information

When registering an ID, you are obligated to register true and accurate information and make appropriate corrections by yourself to keep that registered information up to date.

5. Customer responsibility relating to IDs, passwords, etc.

We deem that log in using a prescribed authentication method that identifies a customer (including, but not limited to, authentication confirming that registered information matches the combination of the ID and the password, or the code uniquely assigned to each mobile phone number that is transmitted from the mobile phone service provider) is used by the said customer him/herself. When fees and charges (irrespective of the type of fee or charge, and including fees related to use of our services, usage fees, and membership fees that have accrued by the use of services or purchase of products; this also includes the debts of customers for which collection we have been entrusted by a third party; hereinafter, “Charges”) have accrued, we will charge the said customer.

6. Compliance required for service use

When using our services, the following acts (including actions that cause such an act, and actions taken in preparation to commit such an act) are prohibited:

An act that violates the laws and regulations of Japan or the country/region where the customer is located when using the services;

An act involving posting, publishing, disclosing, providing, or transmitting (hereinafter collectively “Posting, etc.”)anything that violates social norms, public order, and morals, infringes the rights of others, or causes trouble to others;

Posting, etc. a program that destroys or interferes with the functionalities of software or hardware used by other customers;

An act that destroys or interferes with the functionality of our servers or networks;

An act that interferes with our services, the advertising we distribute, or the services or advertising provided on our websites;

An act involving the collection or accumulation of information related to another customer such as personal information, etc. without the permission of the said customer;

An act involving a use for a purpose different from the purpose for which the service is actually provided;

An act involving the use of a service utilizing another customer’s ID;

Obtaining an ID or password from others, or disclosing or providing an ID or password to others, irrespective of the method employed; or

An act that results in anti-social forces directly or indirectly benefiting from any of our services.

7. Prohibition of reuse of our services, etc.

If you use our services, or the data they consist of, for a purpose other than the purpose for which they are provided, we have the right to suspend such an act and charge you an amount equivalent to the profit or benefit you received from such an act.

8. Indemnity

If we incur costs or pay compensation, etc., related to a complaint or the like arising from your action, you shall pay the costs, compensation, etc. paid by us (including any attorney's fees we have paid).

9. Handling of customer’s data and content

We shall not be obligated to back up data stored by you on servers managed by us. You are responsible for backing it up yourself.

If the need for maintenance, improvement, etc. of our services arises, we may reproduce or otherwise replicate the data stored by you on servers managed by us, to the extent necessary for maintenance, improvement, etc. of our services.

In addition, any copyright for content you submit as a Posting, etc. to services that can be accessed by unspecified or a large number of customers, through such means as electronic bulletin boards, shall belong to you or to the copyright holder of the said content.

You shall be deemed to have licensed (including sublicensing rights) to us the right to use (including reproduction, screening, public transmission, exhibition, distribution, transfer, loan, translation, adaptation, and publication) the said content free of charge and non-exclusively, with the indefinite duration within and outside Japan.

Moreover, you shall not exercise the author’s moral rights.

10. Advertising placement

We may place the advertising of our company, and of third parties who have requested us to place it, on the services and software we provide.

11. Deletion of a Posting, etc.; suspension of the use of service; deletion of IDs

In any of the following cases, in order to appropriately operate the services, we provide we may, without prior notice, take such measures as deleting data or content, prohibiting the use of all or part of the services, or deleting customer IDs.

In addition, if you have registered multiple IDs, measures may be taken on all of those IDs.

When you violate any of the matters stipulated in these Terms of Service, or when we determine that there is a risk of such a violation;

When there is a delay in payment of the Charges payable to us;

When the use of a credit card or bank account designated as the method for settlement of Charges for Liveauctions.jp is suspended;

When we determine that concern has arisen regarding your credit uncertainty, such as when you are subject to a petition for bankruptcy or civil rehabilitation proceedings or have yourself filed such a petition;

When an ID is registered or used by an anti-social force or its members or persons so involved, or when we determine that there is such a risk;

When you have not used your ID or specific services for a certain period of time;

In any other case where we determine that it is difficult to maintain the contractual relationship between you and us, such as when the relationship of trust with you is lost.

12. Disclaimer

We shall be exempt from liability for a default pertaining to debt unless it is due to our willful intent or gross negligence.

If a contract with a customer regarding the use of our services under these Terms of Service lies within the scope of a consumer contract as stipulated in the Consumer Contract Act of Japan, the above exemption shall not apply, and we shall be liable for compensation for loss or damage within the range of the loss or damage that would normally occur, up to the maximum of the amount of the Charges for paid services (equivalent to one month’s fees in the case of continuous service), except for cases arising out of our willful intent or gross negligence.

13. Revision of Terms of Service

When we judge it necessary, we may revise these Terms of Service. In such an instance, we shall provide notification that these Terms of Service will be revised, while stating the content of the revision and the effective date thereof, by posting on our website or through another appropriate method.

14. Notification or contact

If you wish to contact us, please do so by using the inquiry page provided by us or by e-mail to the e-mail address specified by us.

As a general rule, we will respond to inquiries from customers by e-mail or mobile phone.

15. No assignment of rights or obligations

You may not assign all or part of the contractual status of an agreement falling under these Terms of Service, or the rights and obligations arising therefrom, to a third party without our prior written consent.

16. Governing law and jurisdiction

The establishment, coming into force, and interpretation of these Terms of Service shall be governed by the laws of Japan.

Any dispute arising between the customer and us attributable or related to our services (including the content of posts, advertising, etc.) or software shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of the first instance.

17. Restriction on the application of the Terms of Service

If a provision in these Terms of Service is considered to be contrary to relevant laws and regulations which are applicable to an agreement with a customer that is based on these Terms of Service, the said provision shall not be applicable to the agreement with the said customer to that extent.

However, even in such instances, the validity of all of the other provisions of these Terms of Service shall be not affected.