Terms and conditions (common to donation and purchase)

Article 1  Scope

1. These terms and conditions (hereafter, the terms and conditions) stipulate the matters that the Organization For People With Universities (hereafter, the organization) requires of users of the service provided on the site, and their rights and duties. The terms and conditions apply at all times when using the service.
2. By using the service, the users agree to abide by  the terms and conditions.
3. The guidelines on the site or any other regulations shall constitute part of the terms and conditions.
4. If there is any conflict between the stipulations of the terms and conditions, the guidelines stated (in the preceding paragraph) or any other regulations, the stipulations of the relevant other regulations shall prevail.
5. The organization may modify the terms and conditions at its own discretion at any time. The revised terms and conditions shall come into force at the time when they appear on the site.

Article 2  Definitions

The definitions of terms used in the terms and conditions  are as follows.

1. The site
   The website named “Otsucle” (URL: https://otsucle.jp/) administered by the organization.
2. The service
   All services related to crowdfunding offered on the site.
3. Researchers
   Subscribers (including organizations) who receive support for research, educational, and social contribution activities.
4. Supporter
   Subscribers who endorse the research, educational, or social contribution activities of the researchers and who support their projects by making donations or purchasing products.
5. Subscriber
   Users who are registered by the method specified by the organization to use the site.

Article 3  Purpose

1. The terms and conditions govern the crowdfunding service for soliciting funds for researchers using the internet.
2. The organization’s crowdfunding service comprises donation-type funding through donations from supporters, and purchase-type funding through purchase of products.

Article 4  Personal information

When the organization provides services where personal information is handled, the information is handled in accordance with the privacy policy  specified separately.

Article 5  Registration

1. Researchers and supporters who wish to register to use the service must agree to the terms and conditions, and register as such using the method specified by the organization.
2. Registration is completed when the organization notifies the applicant of approval following screening of the application
3. If the organization establishes that any of the following apply to any application, it may refuse the application or reapplication without any obligation to disclose the reason.
   a. All or some of the information provided when applying is false, incorrect, or incomplete
   b. The applicant has been in violation of the terms and conditions in the past and been deregistered, or was involved in such applications
   c. The applicant is a member of antisocial forces, or related parties
   d. Applicants otherwise deemed inappropriate by the organization
4. The organization may deregister and refuse use of this service to subscribers to whom any of the following apply, at the discretion of the organization. The organization will bear no responsibility whatsoever for damages to subscriber arising from the following.
   a. If the terms and conditions are violated
   b. If the registration information is found to be false
   c. If payment is canceled  or the subscriber starts bankruptcy proceedings
   d. If the subscriber has been deregistered in the past, or is related to such a subscriber
   e. If the subscriber is a member of antisocial forces, or is related to such
   f. If the subscriber is otherwise deemed inappropriate for ongoing registration by the organization
5. If there are any changes to the registered information, the subscriber shall notify the organization without delay by the method specified by the organization.

Article 6  Management of passwords

1. Subscribers are required to protect the integrity of  their password, ID, and registered email address themselves , and must not loan, transfer, reassign or sell them to a third party .
2. Subscriber will be liable for any losses arising from improper use of the service or use by third parties due to inadequate protection of passwords, IDs, or devices,  and the organization will not bear any responsibility in this regard

Article 7  Changes or stoppages of the service

1. The organization may suspend, change, interrupt or end the service in total or in part without notifying subscribers in any of the following cases.
   a.    Routine or emergency inspection or maintenance of the computer system
   b.    Failure of the computer system or communication line
   c.    Fire, power failure, or natural disaster
   d.    Occasions otherwise deemed necessary by the organization
2. The organization will bear no responsibility for damages to subscribers resulting from actions taken pursuant to this article.

Article 8  Prohibitions

Subscribers must not commit any of the following acts when using the service, or any acts deemed by the organization to correspond to such acts.

1. Illegal acts or acts related to criminal acts
2. Acts that violate public order and morals
3. Fraud or intimidation against the organization, other users of the service, or third parties
4. Acts that infringe the intellectual property rights, personality rights, right to privacy, and other rights or interests of the organization, other users of the service, or third parties
5. Unreasonable discrimination or defamation against the organization, other users of the service, or third parties
6. Soliciting membership and support of specific political parties or religious groups
7. Sending information through the service which the organization deems to correspond to the following
   a. Commercial advertising, promotion, solicitation
   b. Information including affiliate links
   c. Information requesting forwarding to third parties such as chain mail
   d. Information corresponding to obscenity, child pornography, or child abuse
   e. Information intended for meeting strangers of the opposite sex
   f. Information likely to offend others or encourage discrimination
   g. Information deemed inappropriate by the organization
8. Acts that burden the network or system of the service, or that could interfere with its operation
9. Unauthorized access to the network or system of the service, or attempted unauthorized access
10. Impersonating a third party
11. Use of another subscriber’s ID and password
12. Collection of user information
13. Payoffs to antisocial forces
14. Acts that violate the terms and conditions and the guidelines of the service
15. Other acts deemed inappropriate by the organization

Article 9  Handling of violations of the terms and conditions

1. If a subscriber is deemed to have violated the terms and conditions or other regulations, the organization may take any of the following measures against such subscriber. The organization will not bear any responsibility for disadvantage  or damage to the subscriber arising from the measures.
   a. Require that the subscriber ceases the violation
   b. Require correction or deletion of information
   c. Temporary suspension of use
   d. Cancelation of registration
   e. Disclosure of violations which may correspond to criminal offenses
2. Subscribers cannot raise objections to the measures in the preceding paragraph.
3. If any actions of subscribers result in damages to the organization, the organization can claim compensation for damage from subscribers, regardless of whether the organization takes the measures in paragraph 1.
4. The organization will bear no responsibility for consequences arising from violation of the terms and conditions or other regulations by subscribers.

Article 10  Ownership of rights

1. All intellectual property related to the site and the service belongs to the organization or persons who grant a license to the organization and the right to use the service does not grant subscribers the right to use this intellectual property.
2. The copyright for data and content posted when using the service belongs to the subscribers who post it, but the organization has the right to use it freely and at no charge for providing and publicizing the service. The organization will maintain the right to use the data or content even if the subscriber is deregistered.
3. Subscribers shall ensure that the information does not infringe the rights of third parties.

Article 11  Deregistration

1. Subscribers shall apply to deregister by notifying the organization by the method specified by the organization.
2. If a subscriber owes the organization debts at the time of deregistration, all of the debts must be paid to the organization immediately.

Article 12  Disclaimer

1. Subscribers use the service on their own responsibility, and the organization will bear no responsibility for any action taken using the service and its consequences.
2. Responsibility for the content posted on the site by a subscriber lies with the subscriber. The organization will bear no responsibility for the accuracy, reliability, legality etc. of the content.
3. Subscribers shall resolve any matters arising between them or a third party on their own responsibility, and the organization will bear no responsibility in this regard.
4. Subscribers who use the service abroad are understood to observe the regulations of the relevant country, and the organization will bear no responsibility in this regard.
5. If for any reason the organization becomes liable for damages to a subscriber, the organization will not be held responsible for damages over and above the direct damages to the subscriber, and will not be held responsible for indirect or incidental damages.

Article 13  Transfer of status

1. Subscribers cannot transfer, assign, set as security or otherwise dispose of the rights and duties specified  in the terms and conditions to a third party.
2. If the organization contracts the work related to the service to another company, the status conferred by the user agreement, the rights and obligations based on the terms and conditions, the registration information etc. can be transferred to the contractor, and the subscriber shall be deemed to give their consent under this paragraph.

Article 14  Validity of the terms and conditions

Even if part of the provisions of the terms and conditions and other regulations are deemed invalid based on the laws and regulations, the parts other than the invalid portions of the terms and conditions and other regulations shall be valid. In this case, the organization and subscribers shall cooperate in striving to maintain the legal and economic effectiveness of the service.

Article 15  Governing law and court of jurisdiction

1. Japanese law shall be the governing law of the terms and conditions.
2. Disputes arising under or related to the terms and conditions shall be taken to the Tokushima District Court as the exclusive agreed jurisdiction court of first instance.

Supplementary provisions

The terms and conditions were enacted on October 17, 2016.