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Article 1 (Definitions)
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The following terms and words have the meanings set forth below when used in these Terms.
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(1) “The Service” collectively refers to the various services provided by the Company on the Internet website operated by the Company, including the purchasing, and selling of Products.
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(2) “The Market” means the internet website operated by the Company for the Service and named “TRiCERA ART”.
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(3) “Service User” refers to a person who agrees to these Terms of Use, registers to use the Service as prescribed by the Company for the purpose of using the Service, and sells or purchases products on the Market.
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(4) “Seller” refers to a Service User who posts a product that they own or have the authority to dispose of on the Market and sells the Product through the Market site (excluding the creator of the relevant Product).
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(5) “Buyer” means a Service User who purchases products listed on the Market.
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(6) “Registered Artist” means an artist registered on the Market who has agreed to the “TRiCERA Artist Terms of Use” separately stipulated by the Company.
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(7) “Identification Information” refers to the information required for identification, such as an address, name (in the case of a corporation, business name (trade name), representative name, and head office address), means of communication with the Company (telephone number, e-mail address, social media, etc.), and other information specified by the Company, as well as the documents required to prove such information.
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(8) “Account Information” refers to the ID and password set by the Service User through the Company’s website and is information required to use the Service.
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(9) “Product” means a work sold by the Company on the Market.
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(10) “Registered Artist’s First Sale Product” means a Product that is created by a registered artist and registered with the Market by that Artist (so-called “First Sale Product”).
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(11) “Registered Artist’s Specified Product” means a Product that was created by a registered artist and used (not a “First Sale Product”).
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(12) “Contents” refers to images, videos, words, texts, etc. posted or transmitted by Service Users on the Market website.
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(13) “Market Listing” means the state in which a Seller submits necessary contents regarding the Product on the Market, such contents are published upon fulfillment of the Company’s prescribed conditions, and the Product is available for purchase by a Buyer.
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(14) “The Agreement” means the agreement between the Company and a User or Buyer to provide the Service, which is based on these Terms of Use (including any regulations or guidelines accompanying these Terms of Use, if any), upon the Company’s acceptance of an application for registration of use of the Service by the User or Buyer.
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Article 2 (User Registration)
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Service Users must register in advance in the manner specified by the Company to use the Service.
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2. Service Users shall provide the Identification Information required in the following paragraph, and upon acceptance by the Company of the registration application, the registration shall be deemed completed. However, if any of the following apply, the Company may refuse registration of the Service User without disclosing the reason:
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(1) If the identification information contains omissions or falsehoods that prevent the Company from verifying the identity of the individual concerned.
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(2) If the Service User is a minor, an adult ward, a person under curatorship, or a person under assistance.
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(3) If the Service User is an individual or organization likely to violate Article 15.
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(4) If the Company determines that registration is inappropriate for any other reason.
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3. Among the Service Users who are Sellers, in accordance with the Japanese Secondhand Articles Dealer Act and other related laws and regulations, they are obliged to submit one of the following identification documents (limited to those with a valid expiration date) in the manner prescribed by the Company upon request for personal identification:
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(1) Driver’s license (including the reverse side with address changes, if any)
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(2) Japanese passport (with address recorded)
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(3) Basic Resident Register Card (with photo)
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(4) Alien Registration Card
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(5) Employee ID card or Student ID card (with photo, date of birth, and current address)
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(6) Other documents necessary for personal identification
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4. Service Users shall carefully manage their Account Information during the registration process, and the Company shall not be liable for any damages arising from improper management of said information.
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5. The Service User shall be responsible for any actions taken using their Account Information, whether or not such actions were authorized by the Service User or performed fraudulently by a third party, regardless of the Service User’s intent or negligence.
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6. Service Users shall promptly notify the Company of any changes in their Identification Information.
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Article 3 (Posting of Products on the Market)
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The Seller shall accurately register the necessary information (hereinafter referred to as “Artwork Information”), such as images, titles, artist names, detailed descriptions of the work, techniques, support, size, etc., related to the artwork in accordance with the Company’s prescribed method.
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2. The Seller agrees in advance that the Company has the right to determine whether to post the Artwork Information registered in the preceding paragraph on the Market, the method of posting, and the posting order.
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3. The Company does not guarantee the accuracy or legality of the Artwork Information.
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4. The Company may delete any information posted by the Seller on the Market, including Artwork Information, if the Company determines it to be inappropriate, regardless of whether it was posted before or after.
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5. In the event that the Seller infringes on any third party’s copyright or other property rights in posting Products on the Service, the Seller shall be responsible for and bear the cost of resolving any disputes related to such infringement, and the Company shall not be held responsible in any way.
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6. For a period specified by the Company, the registration of Artwork Information in accordance with paragraph 1 of this Article shall be performed by the Company upon the Seller’s request. In this case, the Seller shall ship the Product to the Company using the recommended packaging and shipping method. After the Product arrives, the Company shall perform a condition check and register the Product on behalf of the Seller. During the application of this paragraph, the application of Article 4 (Representation and Warranty) paragraph 1 item 6 shall not apply.
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Article 4 (Representation and Warranty)
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The Seller shall represent and warrant to the Company as follows in relation to the Market Listing of the Product and shall ensure such representations and warranties:
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(1) That the Seller has the ownership of the Product or the authority to dispose of the Product at the time of Market Listing and during the listing period.
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(2) That the Product is not unsuitable for sale through the Market, such as stolen goods, counterfeit goods (excluding those that are not genuine but are marked as such, such as replicas and copies, and do not infringe the intellectual property rights of the original Artist or third parties), or goods for which resale is prohibited at the time of acquisition.
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(3) That the Seller is not engaged in any other sales activities for the Product through other similar services or other methods during the Market Listing of the Product on the Market.
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(4) That the Artwork Information is accurate.
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(5) That all information that may affect the Buyer’s purchasing decision, such as damage or stains to the Product, including images of the Product condition, has been disclosed on the Market, and that no false or misleading statements have been made that may cause confusion or misunderstanding regarding the Product condition.
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(6) The Seller shall ship the Product to the Buyer using the Company’s recommended packing and shipping methods within three weeks from the date of notification of payment of the purchase price by the Company.
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2. If a Buyer requests a return or refund negotiation due to a breach of the representation and warranty in the preceding paragraph, the Seller shall comply with such request.
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Article 5 (Sales Agreement)
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The Service provides a platform for Sellers to sell Products to Buyers, and the sales agreement for a Product is formed when the purchase process is completed in accordance with the methods specified by Company on the Market.
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2. Service Users acknowledge that, except when the Service is used to sell a Registered Artist’s First Sale Product, they are not parties to the sales agreement for a Product that is sold through the Service, and that the Company is not responsible for fulfilling such sales agreements.
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Article 6 (Payment, Product Shipment Price, etc.)
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After the sales agreement for a Product is formed, the Buyer shall pay the sales price of the Product, including any other fees, by the payment method specified by the Company within the specified period on the Market.
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2. After confirming payment of the sales price by the Buyer, the Company shall notify the Seller of the payment and request that the Product be shipped to the Buyer.
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3. If the Buyer fails to pay the sales price, the Seller may choose to cancel the sales agreement for the Product.
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Article 7 (Authenticity Verification)
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The Company may conduct authenticity verification of Registered Artist’s Specified Products before or after they are listed. The verification method mainly aims to determine whether the Product is an authentic work produced by the Registered Artist, and the specific method shall be determined through consultation between the Company and the Registered Artist. The Company shall indicate on the Market whether a Product has been verified as authentic.
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2. If, as a result of authenticity verification conducted under the preceding paragraph, the Company has found that the Product is not authentic (including cases where there is suspicion that the Product is not authentic), the Company may prohibit the listing of the Product on the Market.
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3. Provided that a verified Product is sold and the Company receives payment of the sales price from the Buyer, the Company shall pay a verification cooperation fee (hereinafter “Appraisal Cooperation Fee”) to the Registered Artist. The Seller and the Buyer shall agree to this.
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4. The Appraisal Cooperation Fee shall be calculated in accordance with the standards established by the Company and shall be paid from the Service fees collected by the Company from the Seller and the Buyer.
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Article 8 (Service Fees)
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The Seller shall pay the Service fees, calculated using a separately established method based on the sales price of the Products sold through the Market.
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2. The Buyer shall pay the Service fees, calculated using a separately established method based on the sales price of the Products purchased through the Market.
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3. The Company shall not be obligated to refund any Service fees received from Service Users for any reason.
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Article 9 (Payment of Sales Price)
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Within three weeks from the date of receipt of the sales price and the Service fee (hereinafter referred to as the “Sales Price, etc.”) from the Buyer for the Product sold, the Company shall deduct the total amount of the Service fee specified in Article 8 from the Sales Price, etc. and pay the remaining amount to the bank account specified in advance by the Seller. The Company shall bear the transfer fee.
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2. The Seller shall acknowledge that in case there is any deficiency or shortage in the bank account information specified by the Seller, the Company may make the payment after the payment deadline specified in the preceding paragraph.
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Article 10 (Returns, etc.)
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Unless otherwise provided in these Terms of Use, the Buyer shall not be entitled to request the return of the Product sent by the Seller to the Buyer.
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2. A separate return policy shall apply for Registered Artist’s First Sale Product.
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Article 11 (Prohibited Acts)
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Service Users shall not engage in the following acts:
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(1) Acts that violate or may violate laws and regulations
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(2) Violating public order and morals
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(3) Sending or exhibiting images, documents or similar materials that are obscene, contain child pornography or abuse of children
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(4) Acts that infringe upon the property rights (including intellectual property rights), honor, privacy of, or defame the Company, Service Users, or third parties, or may have the potential to cause such harm
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(5) Acts that are or may be associated with crimes, such as fraud
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(6) Obstructing the operation and maintenance of the Company
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(7) Tampering with information related to the Market without the consent of the Company
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(8) Acts of advertising or soliciting unrelated to the Service to e-mail addresses or URLs acquired through the Market or directing to other sites (posting links, displaying URLs, etc.)
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(9) Transmitting or writing harmful computer programs, e-mails, etc.
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(10) Illegally accessing the Company's servers or computers
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(11) Placing an excessive burden on the Company's servers or networks, such as a large number or quantity of accesses, operations, or listings within a certain period of time
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(12) Conducting direct transactions outside of the Market for the Products listed on the Market or soliciting such transactions
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(13) Acts or suspected acts of involvement in money laundering and terrorist financing
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(14) Acts deemed inappropriate by the Company in its reasonable judgment.
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Article 12 (Listing Suspension, etc.)
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If any of the following events occur, the Company may take necessary measures such as suspending the listing of the Seller’s Product on the Market, deleting information from the Market, publicly disclosing the reason for listing suspension, or any other necessary measures.
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(1) When any of the reasons set forth in Article 11 apply
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(2) When frequent complaints are received from Buyers regarding non-delivery, delayed arrival, refunds of Products, or similar issues
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(3) When it is discovered that the Product is prohibited from being sold under applicable laws and regulations
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(4) When the Company has determined that the Seller has listed the Product without intending to sell it
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(5) When the Seller violates the representation and warranty set forth in Article 4
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(6) When the Company deems it necessary from a consumer protection perspective or other reasons to take measures such as a listing suspension.
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2. The Seller agrees not to claim any damages from the Company, even if the Seller incurs any damages due to the measures of listing suspension or similar measures set forth in the preceding paragraph.
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Article 13 (Purchase Suspension, etc.)
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The Company may take necessary measures, such as suspending the purchase of the Buyer’s Product or any other necessary measures if any of the following events occur:
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(1) When any of the reasons set forth in Article 11 apply
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(2) When the Buyer enters into a sales contract for the Product despite not having the necessary funds to purchase it
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(3) When frequent complaints are received from the Seller regarding communication or similar
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(4) When doubts arise about the Buyer’s ability to pay, such as payment suspension, seizure, or bankruptcy proceedings
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(5) When the Buyer purchases the Product for advertising or promoting the Seller’s other products or services
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When the Company deems it necessary to take measures such as purchase suspension from a perspective of normal operation of the Market.
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Article 14 (Termination by the Company)
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If a Service User violates these Terms of Use, the Company may terminate this Agreement without prior notice and delete the Service User’s Account Information immediately.
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2. Even if a User incurs equipment investment, cost burden, loss of profit, or other damages due to the termination of this Agreement pursuant to the preceding paragraph, the Company shall not be liable for any such damages.
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Article 15 (Termination due to association with organized crime or anti-social forces)
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If the Company determines that any of the following applies to a Service User, it may terminate this Agreement without any notice to the Service User and immediately delete the Service User’s Account Information.
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(1) If the Service User is a member of a gang, a gang affiliate, or any other anti-social force (hereinafter collectively referred to as “Anti-Social Forces”) or has been in the past
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(2) If the Service User is an individual or corporation that is controlled by Anti-Social Forces
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(3) If any of its executives or employees fall into the Anti-Social Force category
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(4) If the User (or, if the User is a corporation, any of its executives) has been arrested or detained in connection with a criminal case or has been prosecuted for a criminal offense
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(5) If the User or a third party is involved in fraudulent or abusive behavior, demands for payment that exceed reasonable limits, or uses violent or threatening language toward the Company or prospective purchasers
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(6) If the User informs the Company, the Seller, or the Buyer that they themselves are Anti-Social Forces or that their affiliated organizations or members are Anti-Social Forces.
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2. The provisions of Article 14, Paragraph 2 shall apply even if the Company terminates this Agreement pursuant to the preceding paragraph.
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Article 16 (Termination by Service User)
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The Service User may terminate this Agreement by following the Company’s procedures if they wish to do so.
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Article 17 (Duration of this Agreement)
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There is no set duration for this Agreement, and this Agreement shall remain in effect unless and until the Company terminates the Agreement in accordance with these Terms of Use or this Agreement is terminated by the Service User.
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Article 18 (Transfer of Rights, etc.)
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The Service User shall not transfer, lend, provide as collateral, or dispose of any rights under this Agreement, regardless of the form.
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Article 19 (Duty of Confidentiality)
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During the duration of this Agreement and after its termination, the Company and the Service User shall not disclose or provide to any third party any information related to this Agreement or any other matter that should be considered confidential to the other party. However, this shall not apply if prior written consent is obtained from the other party.
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2. Notwithstanding the provisions of the preceding paragraph, the Company may disclose and exchange information regarding the Service User, including personal information, to administrative agencies or courts of law or to affiliated companies with whom the Company has entered into confidentiality agreements, if requested by law or deemed necessary to protect the Company’s, the Service User’s, or any third party’s rights, property, or to operate the Market.
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Article 20 (Intellectual Property Rights)
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All patents, utility model rights, design rights, trademark rights, know-how, system programs, copyrights and all other intellectual property rights related to the Service owned by the Company shall belong to the Company, and the Service User shall not use them except with the prior consent of the Company.
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2. The copyright of the Content, such as Artwork Information, registered by the Seller belongs to the creator. However, the Company may use such information for publicity and promotion purposes on websites, media, publications, etc., other than the Service without the Seller’s consent.
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Article 21 (Handling of Personal Information)
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The Service User shall comply with the Japanese Act on the Protection of Personal Information, related laws and guidelines regarding the protection of personal information of the other party, regardless of whether or not a purchase and sale contract is concluded for the Product, take necessary and appropriate measures for prevention of information leakage incidents and other safety management, and shall not use the personal information of the other party for any purpose other than the fulfillment of the purchase and sale contract based on this Agreement, nor disclose or leak it to any third party.
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Article 22 (Temporary Suspension of Service)
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Service Users acknowledge in advance that their use of the Service may be temporarily suspended without prior notice for the following reasons and agree not to claim damages against the Company for any losses resulting from such suspension:
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(1) When maintenance work such as inspection, repair, supplementation, improvement, etc., of the Company’s servers, software, etc., is performed
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(2) When, for unavoidable reasons, accidents or malfunctions occur in the equipment, telecommunication facilities, communication lines, etc., related to the Service
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(3) When there are rational reasons for the Company to suspend the provision of the Service, such as unauthorized access from a third party to the systems and servers necessary for the provision of the Service
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(4) When the provision of the Service becomes impossible or difficult due to force majeure such as war, riots, disturbances, labor disputes, fires, power outages, earthquakes, tsunamis, floods, or other natural disasters
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(5) When the Company determines that it is necessary to protect its interests or those of the Service User or any other third party related to the Service, or when the Company has no choice but to do so.
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Article 23 (Disclaimer)
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The Company shall not be liable for any damages suffered by the Service User in connection with the use of the Service, including but not limited to server or software malfunctions, service suspension in whole or in part, deletion of the Service User’s account, or disputes related to the sale and purchase of Products, regardless of the cause.
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2. The Company may change or add to the specifications of the Market or suspend or discontinue the Service without prior approval from the Service User, and the Company shall not be liable for any damages suffered by the Service User in connection with such changes or actions, as in the preceding paragraph.
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Article 24 (Notifications)
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Notifications from the Company to the Service User shall be sent to the address or e-mail address provided by the Service User to the Company.
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2. Even if a written notification sent to the Service User’s address is not received due to reasons such as refusal of receipt or absence, the notification shall be deemed to have reached the Service User at the time the Company sent it. Also, if a notification sent to the Service User’s e-mail address is not received due to reasons such as spam filters, the notification shall be deemed to have reached the Service User at the time they received it or within 24 hours after the Company sent it, whichever is earlier.
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Article 25 (Governing Law and Jurisdiction)
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This Agreement, including these Terms of Use, shall be interpreted in accordance with Japanese law, and if a dispute arises between the Company and the Service User that requires litigation, the Tokyo District Court or Tokyo Summary Court shall be the exclusive agreed jurisdictional court of first instance, depending on the amount of the claim.
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Article 26 (Language Priority)
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These Terms of Use were originally written in Japanese, and if there are any discrepancies between the Japanese version and a translated version of these Terms of Use provided for convenience, the Japanese version shall take precedence and be legally binding.
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2. The Company may provide information in languages other than Japanese for the convenience of the Service User, but the Company does not guarantee the accuracy of such translations, and the Japanese version shall take precedence.
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Article 27 (Changes to the Terms of Use)
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The Company may change the Content of these Terms of Use (including any rules, guidelines, etc., accompanying these Terms of Use) without prior notice when the Company deems it necessary.
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2. In the event of a change to these Terms of Use (including accompanying regulations and guidelines, etc.), if the Service User continues to use the Service after the Company has notified of the change, the Service User will be deemed to have accepted the new Agreement and the revised Agreement will apply.
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