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Terms of Use

FRev Co., Ltd. (the “Company”) establishes the following terms of use (the “Terms of Use”) in order to set forth the terms and conditions for use of the 3D print service “Septem” provided by the Company (the “Service”). Users of the Service must agree to these Terms of Use prior to using the Service.

Article 1 (Service)

1. The Service is a 3D print service. Designers can post 3D Data on the Service and put Goods on sale through the Service. Purchasers can designate specific 3D data from 3D Data offered for sale by Designers and can purchase Goods.

2. The details of the Service are specified in these Terms of Use and other content separately provided by the Company.

Article 2 (Definitions)

In these Terms of Use, the following terms are used to mean the following, unless otherwise defined by the Company:

(1) “User” means a person who uses the Service after agreeing to these Terms of Use.

(2) “Designer” means a User who is eligible to post 3D data and offer Goods for sale on the Service.

(3) “Purchaser” means a user who purchases Goods offered for sale by a Designer on the Service.

(4) “3D Data” means 3D data posted by a Designer to offer Goods for sale.

(5) “Goods” means goods which are processed or shaped by outputting 3D Data using a 3D printer and/or other necessary equipment and which are sold through the Service.

(6) “User Registration” means registering a User’s account required to use the Service.

(7) “Terms” refers to these Terms of Use, the Privacy Policy, the relevant guidelines and other content provided by the Company, all of which constitute the Terms.

Article 3 (Consent to and Modification of the Terms)

1. The Terms intend to set forth the terms and conditions for use of the Service between Users and the Company.

2. Users must agree to the Terms and must use the Service in accordance with the provisions of the Terms.

3. By actually using the Service, Users are deemed by the Company to have effectively agreed to the Terms.

4. If a User is a minor or is otherwise incompetent to engage in legal acts on his/her own, such User shall use the Service after obtaining the consent of his/her parent or other legal representative in advance.

5. The Company may modify the Terms at any time if it deems necessary to do so. If the Company intends to modify the Terms, the Company will notify Users in advance of the provisions of the modified Terms and their effective date by posting on the Company’s website or by other appropriate means.

Article 4 (User Registration)

1. Each User must register an account with the Service prior to using the Service. Each User shall enter accurate and up-to-date information on himself/herself for User Registration.

2. The Company will review information registered by each User during his/her User Registration and other information in the possession of the Company to determine whether or not to accept such User Registration. If, as a result of such review, the Company determines that such User falls under any of the following items, the Company may not accept his/her User Registration. The Company shall not be obligated to explain to any User the process of such review or the reason for the results of such review.

(1) If the User is a minor and fails meet the requirements set forth in Article 3, paragraph 4.

(2) If the User already has a registered account.

(3) If the User has breached any provision of the Terms in the past.

(4) If the User is suspected of not existing or if the registered information on the User includes inaccurate information or information suspected of being false.

(5) If the User is suspected of having committed: (i) any act that interferes with or hinders the Company’s provision of, or any other User’s use of, the Service; or (ii) any other wrongful act.

(6) If the User is found: (i) to be an organized crime group, an organized crime group member, a person who has ceased to be an organized crime group member within the last five years, a quasi-member of an organized crime group, an organized crime group-associated company, a corporate extortionist (sokaiya), a rogue person or group proclaiming itself to be a social activist, etc. (shakai undo to hyobo goro), an organized special intellectual group (tokushu chino boryoku shudan) or any other person similar to any of the above (collectively, an “Organized Crime Group Member, etc.”); (ii) to have a relationship with any Organized Crime Group Member, etc. where the management of the User is controlled by such Organized Crime Group Member etc.; (iii) to have a relationship with any Organized Crime Group Member, etc. where such Organized Crime Group Member, etc. is substantially involved in the management of the User; (iv) to have a relationship with any Organized Crime Group Member, etc. where the User is considered to use such Organized Crime Group Member, etc. for such purposes as seeking the User’s or any third party’s illicit gains or inflicting damage on third parties; (v) to have a relationship with any Organized Crime Group Member, etc. where the User is involved in such Organized Crime Group Member, etc. by such means as providing funds or other benefit to such Organized Crime Group Member, etc.; or (vi) to have a socially reprehensive relationship with any Organized Crime Group Member, etc. (collectively, an Antisocial Force).

(7) If otherwise the Company deems it inappropriate that the User uses the Service.

3. No User may make more than one User Registration unless permitted by the Company.

4. In the event of any change in the information registered by User Registration, the User shall immediately change the registered information pursuant to the procedures prescribed by the Company. Each User shall keep his/her registered information accurate and up to date at all times.

5. Each User shall manage information on his/her account (including, without limitation, his/her email address and password; “Account Information”) for himself/herself and may not share, assign, lend or otherwise dispose of such information with or to any third party. In the event of actual or potential leakage of a User’s Account Information to a third party (including, without limitation, any signs of third-party use of such Account Information), such User shall promptly inform the Company.

6. If the Company considers that a User falls under any of the following items, the Company may, without prior notice, deregister the User, suspend his/her use of all or part of the Service, erase his/her Goods or take other measures deemed necessary by the Company. If the Company takes any of the measures listed in this article with respect to a User, the Company may also prohibit such User from using the Service and other services provided by the Company in the future. The Company shall not be obligated to explain to such User the reason for the Company’s taking measures listed in this article with respect to the User.

(1) If the User breaches any provision of the Terms.

(2) If the User violates any law or regulation.

(3) If the User’s registered information is found to include false information.

(4) If the User’s registered information overlaps with another User’s registered information.

(5) If the User falls under any of the items of paragraph 2 of this article.

(6) If the User fails to complete any procedure required by any provision of the Terms.

(7) If the User fails to respond for thirty days or longer to any inquiry or other communication from the Company requiring a reply.

(8) If the User suspends payments, becomes insolvent, or files a petition for commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation proceedings or any other proceedings similar to any of the above.

(9) If the User, whether directly or through the use of a third party, makes violent demands, makes unreasonable demands that go beyond the limits of legal liability, uses threatening behavior or violence, or engages in any activity that damages the Company’s reputation or interferes with the Company’s business by the spreading of rumors, fraud or forcible interference.

(10) If the Company otherwise deems the User inappropriate as a User of the Service.

Article 5 (Withdrawal)

1. Users may deregister their account pursuant to the procedures prescribed by the Company.

2. Upon deregistration of their account, any and all obligations owed by Users to the Company shall become immediately due and payable and such Users shall perform all of their respective obligations forthwith.

Article 6 (Prohibited Acts)

Users shall not engage in any of the following acts in using the Service:

(1) Any act which violates any law or regulation.

(2) Any act related to any criminal offense.

(3) Any act which may be detrimental to the public order or good public morals.

(4) Any act which infringes any copyright, trademark right, patent right or other intellectual property right, any honor right, privacy or any other right or interest of the Company or any User or third party.

(5) Any act of transmitting any expression which is excessively violent or cruel, or is excessively obscene, or promotes discrimination, or promotes suicide or self-injury behavior, or induces or promotes inappropriate use of drugs, or brings discomfort to others, or otherwise contains antisocial content.

(6) Any act of impersonating the Company or any third party, including any act of using another User’s ID or password.

(7) Any act of spreading false information.

(8) Any act of spreading computer viruses or any other harmful programs.

(9) Any sales, promotional, advertising or solicitation activities utilizing the Service without the prior permission of the Company.

(10) Any religious activities or any act of solicitation to join a religious group utilizing the Service.

(11) Any act intended to commit an act of obscenity or to meet unacquainted persons of the opposite gender or any other act which utilizes the Service for any purpose other than its original intended use.

(12) Any act of collecting, disclosing or providing any other User’s personal information or information on his/her use of the Service in an unauthorized manner.

(13) Any act of imposing excessive burden on or otherwise interfering with the server or network system for the Service.

(14) Any act of reverse engineering or otherwise analyzing any software or other system provided by the Company.

(15) Any unauthorized access to the Company’s servers or network systems or any other act which disturbs or interferes with the Company’s operation of the Service or other Users’ use of the Service.

(16) Any act of providing benefits or any other cooperation to any Antisocial Force.

(17) Any act inconsistent with the guidelines for use of the Service posted by the Company on the Service.

(18) Any act which directly or indirectly induces, promotes or facilitates any of the acts listed above.

(19) Any other act deemed inappropriate by the Company.

Article 7 (Handling of User Information)

1. The Company will handle Users’ personal information and other information on their use of the Service in accordance with these Terms of Use and the Privacy Policy separately established by the Company.

2. Prior to using the Service, each User shall read and accept the Privacy Policy.

Article 8 (Posting of 3D Data and Offering of Goods for Sale)

1. Designers may post 3D Data and offer Goods for sale pursuant to the procedures prescribed by the Company.

2. The Company may designate 3D Data which is prohibited from being submitted and Goods prohibited from being offered for sale. Designers shall post 3D Data and offer Goods for sale pursuant to such designation.

3. In addition to the designation permitted by the preceding paragraph, the Company may establish rules for posting 3D Data and offering Goods for sale. Designers shall post 3D Data and offer Goods for sale pursuant to such rules.

4. When posting 3D Data and offering Goods for sale, each Designer shall comply with the Copyright Act, the Trademark Act, the Unfair Competition Prevention Act and all other applicable laws and regulations.

5. If any Designer breaches any of the preceding three paragraphs or any provision of the Terms or if the Company deems any 3D Data or Goods inappropriate, the Company may withdraw the posting of such 3D Data or the offer of such Goods for sale.

6. If a Designer posts 3D Data, the Company may provide such 3D Data to a 3D print service provider designated by the Company (a “3D Print Service Provider”) to check if such 3D Data conforms to the standards prescribed by the Company. If such 3D Data fails to conform to the standards prescribed by the Company, the Company may request the Designer to modify such 3D Data or may withdraw the posting of such 3D Data and the offer of relevant Goods for sale.

Article 9 (Purchase of Goods)

1. Purchasers may purchase Goods pursuant to the procedures prescribed by the Company.

2. If the Company considers that a Purchaser has no true intention to purchase or if the Company otherwise deems a Purchaser inappropriate, the Company may cancel such Purchaser’s purchase.

Article 10 (Conclusion of a Purchase and Sale Contract and Payment of Price)

1. Upon completion by a Purchaser of all procedures required for ordering and otherwise purchasing Goods pursuant to the procedures prescribed by the Company, a purchase and sale contract shall be deemed to have been concluded between the relevant Designer and the Purchaser. No User may assign or transfer, or create any security over, or otherwise dispose of, any right or obligation arising from such purchase and sale contract to any third party.

2. Upon conclusion of a purchase and sale contract, the Purchaser shall pay the total of the price of the Goods and other commissions designated by the Company pursuant to the procedures prescribed by the Company.

3. Once an order for Goods has been placed, no User may cancel such order for Goods.

4. In the event of defects in Goods, the Designer shall in principle be solely liable for taking actions such as making a refund or repairing or exchanging such Goods. If the occurrence of such defects is in any way considered attributable to the Company or the 3D Print Service Provider, the Designer and the Company shall, through their mutual consultation, determine the proportions at which they shall respectively bear the liability for such defects. When the Designer takes actions such as making a refund or repairing or exchanging the relevant Goods, the Company may on behalf of the Designer communicate with the Purchaser and the 3D Print Service Provider, send postal items, follow refund procedures and/or perform other necessary clerical activities, in which case the Designer shall pay to the Company all expenses incurred by the Company in such activities.

5. In the case set forth in the preceding paragraph or if the Designer otherwise accepts returned Goods from the Purchaser, the Company may purchase the returned Goods from the Designer, in which case the Company shall be free to assign, lend, display or otherwise dispose of such Goods.

Article 11 (Shipping of Goods)

1. If a purchase and sale contract has been concluded, the Company shall, after completion of the payment required by paragraph 2 of the preceding article, and on behalf of the Designer, place an order for the manufacture of the relevant Goods with a 3D Print Service Provider and ship the finished goods to the Purchaser.

2. Each Designer acknowledges in advance, based on his/her acceptance of these Terms of Use, that the Company will, on behalf of the Designer, place an order for the manufacture of his/her Goods with a 3D Print Service Provider.

Article 12 (Usage Fee for the Service)

Upon conclusion of a purchase and sale contract for Goods, the Designer shall pay to the Company a usage fee for the Service in the amount calculated by multiplying the price of such Goods by the rate separately prescribed by the Company.

Article 13 (Suspension of the Service)

The Company may suspend or discontinue the provision of all or part of the Service without prior notice to Users in any of the following events:

(1) If it becomes impossible to provide the Service due to the occurrence of any trouble, failure or wrong operation of, or unauthorized access to, or excessive concentration of access to, the computers, servers, communication lines or other equipment necessary for the provision of the Service (the “Service Operation Equipment”) or for any other reason.

(2) In the event of inspection, maintenance, repairs or change of the Service Operation Equipment.

(3) If it becomes impossible to provide the Service due to any earthquake, lightning strike, fire, wind and flood damage, power failure or other Act of God, or any war, terrorism, riot, epidemic or other force majeure.

(4) If it becomes impossible to provide the Service due to any law or regulation or any action taken under any law or regulation.

(5) If otherwise the Company deems it necessary to suspend or discontinue the Service.

Article 14 (Change and Termination of the Service)

1. The Company may, for its convenience and at its discretion, change the content of the Service or terminate the provision of the Service.

2. If the Company intends to terminate the provision of the Service, the Company will give prior notice to Users.

Article 15 (Ownership of Rights)

1. All rights in the Service are vested in the Company or third parties licensing such rights to the Company. Users shall not engage in any act that infringes such right holders’ rights without the permission of the right holders and without acquiring any rights to the Service. The grant of a license to use the Service under these Terms of Use does not constitute the grant of a license to any rights in the Service held by the Company or any third-party right holders.

2. Each User represents and warrants to the Company that he/she has the legitimate right to use (including without limitation public disclosure on the Service, manufacture of Goods, and assignment of Goods to Purchasers) all 3D Data and other information (“3D Data, etc.”) posted by him/her on the Service and does not infringe any third-party’s rights by such use of the 3D Data, etc. by him/her.

3. All liability for 3D Data, etc. shall be assumed by the User who posted such 3D Data, etc. The Company makes no warranty and assumes no liability as to the content, quality, accuracy, authenticity, legality, recency, usefulness, etc. of such 3D Data, etc.

4. Each User who has posted 3D Data, etc. has copyrights, trademark rights, and other intellectual property in such 3D Data, etc. and grants to the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, display, and execute such 3D Data, etc.; provided, however, that the Company will not use any 3D Data, etc. for any purpose beyond the purpose of manufacturing Goods (including samples) or advertising the Service or beyond the extent to which the Company otherwise provides the Service, and that if the Company intends to use any 3D Data, etc. for any purpose other than the above purposes, the Company will obtain the prior consent of the User.

5. Each User agrees not to exercise any moral rights of an author against the Company unless the Company is in violation of the preceding paragraph.

Article 16 (Disclaimer of Warranties and Liability of Users)

1. The Company makes no warranty as to the content, quality, function, accuracy or usefulness of the Service or the stable and continuous provision of the Service.

2. Any trouble between Users or between a User and a third party/ies arising from or in connection with the Service shall be resolved by the User/s at his/her/their expense and responsibility. The Company shall assume no liability for any such trouble.

Article 17 (Compensation for Damage)

1. If any User breaches the Terms whether due to intent or negligence, such User shall assume liability to compensate, and any other liability to, all Users and third parties and the Company for any damage suffered by them as a result of such breach. If two or more Users assume such liability, these Users shall assume the liability jointly and severally with each other.

2. The Company assumes no liability for any damage suffered by any User as a result of or in connection with the Service.

3. If any contract concerning the Service between the Company and a User constitutes a consumer contract as defined by the Consumer Contract Act, the disclaimer under the preceding paragraph shall not apply. In such case: (i) the Company assumes no liability for any damage which is incurred by the User due to any default or tort cause by negligence (excluding gross negligence) on the part of the Company and which arises from exceptional circumstances, including cases where the occurrence of such damage is foreseen or foreseeable by the Company or the User; (ii) the Company shall be liable only for direct and ordinary damage actually incurred by the User; and (iii) the Company shall compensate for such damage in an amount up to the amount of usage fee received from the User for the month in which such damage occurred.

Article 18 (Notice)

1. Any inquiry about the Service or any communication or notification from a User to the Company and any communication or notification from the Company to a User shall be made by posting on the Service or by any other means deemed appropriate by the Company.

2. If the Company addresses any communication or notification to the email address or any other contact details contained in a User’s registered information, such User shall be deemed to have received such communication or notification.

Article 19 (Assignment of Status)

1. No User may, without the prior written consent of the Company, assign or transfer, or create any security over, or otherwise dispose of, the User’s contractual status under the Terms or any of his/her rights or obligations thereunder to any third party.

2. If the Company transfers its business related to the Service to a third party (including a business transfer, company split or any other case where the provider of the Service is replaced), the Company may, and each User acknowledges in advance based on his/her acceptance of these Terms of Use that the Company may, assign to the transferee of such business: (i) the User’s contractual status under the Terms; (ii) the User’s rights and obligations under the Terms; (iii) the information registered by the User through User Registration; and (iv) information on the User’s use of the Service, in each case in association with such transfer of the business.

Article 20 (Severability)

If any provision or part thereof of the Terms is held invalid under the Consumer Contract Act or any other law, regulation, etc., the remaining provisions of the Terms and the remaining part of the provision part of which is held invalid shall survive and continue in full force and effect.

Article 21 (Governing Law and Court of Competent Jurisdiction)

1. The Terms shall be governed by the laws of Japan.

2. Each User and the Company agree that the Tokyo District Court shall have exclusive jurisdiction as the court of first instance over any dispute between the User and the Company arising out of or in connection with the Service.

Established on August 5th, 2019

English