Vineyard Terms of Use
terms of service
Yokohama Winery Co., Ltd. (hereinafter referred to as "our company") has established the "Vineyard Owner System Terms of Use" (hereinafter referred to as "these Terms") and will provide the "Vineyard Owner" (hereinafter referred to as "this service") in accordance with these Terms.
Article 1 (About this Service)
This service is a members-only service that enables communication between the administrator who disseminates information and members, or between members themselves, via LINE or platforms operated by our company ( both online and offline ) , focusing on activities at the wine vineyards operated by our company.
Article 2 (Definitions)
In these Terms and Conditions, unless otherwise defined, the definitions of terms are as follows:
(1) "Group" refers to a place opened by an administrator on LINE or a platform operated by the Company where communication can be conducted between the administrator and Members, or between Members themselves.
(2) “Administrator” refers to the individual who presides over the group, or a person who has an employment relationship with our company, or an individual or corporation that has entered into a business outsourcing contract with our company.
(3) "Administrator-generated information" refers to information such as text, images, audio, and video that the Administrator transmits through this service.
(4) "Applicant" means a person who applies for membership in a group under this service.
(5) "Member" means a person who has registered as a member in accordance with Article 4.
(6) "Validity Period" means the period during which a Member may use the Service, as specified in Article 5.
(7) "Member Posted Information" refers to all information, including text, images, audio, and video, posted by a Member to the Service. All copyright and other legal rights to Member Posted Information belong to the Member who posted the Member Posted Information or to a third party who has authorized the Member to use it.
Article 3 (Membership Qualifications)
In order to use this service, you must become a member of the group, and you will be granted membership status by meeting all of the following requirements.
(1) Completing the membership application process
(2) Agree to these terms and conditions.
(3) If the person becoming a member is a minor, consent from the legal guardian must be obtained.
Article 4 (Membership Registration)
1. The applicant shall apply to our company for group membership in the manner specified by our company.
2. Group membership registration (hereinafter referred to as "membership registration") is completed when the administrator approves your participation in the group.
3. If the administrator or our company determines that strict screening is necessary for reasons such as the name at the time of application does not match the LINE account name, the absence of a profile photo, etc., the administrator or our company may conduct a prescribed screening. In this case, the provisions of the preceding paragraph will not apply, and the membership registration will be completed at the later of the time when our company notifies the applicant that the application for membership is accepted or when the applicant pays the usage fee.
4. The Applicant agrees in advance that there may be cases where the Administrator or our company will not approve the membership application from the Applicant. Furthermore, our company is not obligated to explain the reason for denial to the Applicant.
Article 5 (Usage fees, etc.)
1. In order to use the Service, a Member must pay a usage fee (hereinafter referred to as the "Usage Fee") in advance to the Company in the manner set forth in Paragraph 5 of this Article. By paying the Usage Fee, the Member can use the Service during the valid period.
2. The annual membership fee is 30,000 yen (tax included) ( payment can only be made in installments by credit card, in which case the monthly fee is 2,800 yen ( tax included ) ) . The validity period is from the month of application until 23:59 on the last day of the month one year after the month of application. In principle, the usage fee will not be pro-rata even if you join in the middle of the month or cancel within the period. In addition, even if you cancel your annual membership fee before the end of the period, you will continue to pay in installments during the one-year membership period. Example : Whether you apply on May 1, 2022 or May 31 , 2022 , the validity period is until May 31 , 2023 , and the annual membership fee is the same unless there is a difference in the payment method.
3. Membership registration will, in principle, be automatically renewed (hereinafter referred to as "automatic renewal") unless the Member completes the cancellation procedure, the Administrator completes the cancellation procedure, or the membership expires.
4. In the event of automatic renewal as set forth in the preceding paragraph, the service fee will be automatically settled at the end of the validity period (hereinafter referred to as "at the time of renewal") using the payment method designated by the Member when registering as a Member.
5. Payment methods for the service fee are limited to credit cards and payment methods designated by the operator.
6. In the event that the Company changes the service fees, the Company shall notify the Member at least one month prior to the date of the change, except in cases where unavoidable circumstances exist.
Article 6 (Refunds)
1. In principle, our company will not refund any usage fees or purchase prices paid by members.
2. If a Member voluntarily withdraws from the Service during the validity period or if his/her membership expires, the same shall apply as in the preceding paragraph.
Article 7 (Prohibitions, etc.)
1. The Company prohibits the following actions when Members use the Service. The following prohibited actions also apply to Member-posted Information.
(1) Posting content that solicits, induces, or encourages compensated dating, prostitution, or buying sex, or that uses ambiguous language, including slang, to solicit, induce, or encourage such activities
(2) Actions aimed at meeting or dating
(3) Distribution of child pornography or acts that may induce child abuse
(4) Any act that infringes or may infringe the copyrights, trademarks, patents, utility model rights, privacy rights, portrait rights, publicity rights, or other rights of other members, the Administrator, the Company, or any third party.
(5) Any act that libels or slanders or damages the reputation or credibility of other members, the Administrator, our company, or third parties.
(6) Discrimination based on ethnicity, religion, race, sex, age, etc.
(7) Any act that solicits, induces or encourages suicide, mass suicide, self-injury, illegal drug use or illegal drug use, etc.
(8) Purchasing or selling memberships or other similar activities
(9) Any act aimed at advertising, publicizing, or inviting users to use products or services of yourself or a third party without the consent of the Company, or any act aimed at soliciting users through spam mail, chain mail, etc.
(10) Any act that causes disadvantage to other members, the Administrator, our company, or third parties.
(11) Any act that violates public order and morals or other laws and regulations or that is linked to a crime, and any act that solicits, aids, coerces, or encourages such acts.
(12) Reproducing or quoting information obtained through this service, or posting it on other media without permission from the administrator
(13) Providing benefits or convenience to antisocial forces
(14) Using the Service for the purpose of gathering information about other members or soliciting them to participate in religious or political activities
(15) Disseminating false information to other members
(16) Any act that interferes with other members' use of the Service.
(17) Using the Service by impersonating another member or a third party
(18) Any act violating the terms and conditions of use of the platform operated by LINE or the Company.
(19) Providing personal information obtained through the Service to a third party without the individual’s consent
(20) Tampering with or deleting information provided by this service
(21) Any act that places an excessive burden on our servers
(22) Any attempt to gain unauthorized access to other computer systems or networks connected to the Service
(23) Any act of using or providing harmful programs such as computer viruses, or any act of recommending such acts
(24) Reverse engineering, decompiling, or disassembling the Service or any software used on the Service.
(25) Disclosing to a third party the details of a project in which the Company or the Owner is involved before it is released
(26) Any act that significantly disrupts the order of the community, such as slander or trolling against the management or specific members.
(27) Any act that disrupts the Service or any other services operated by the Company, including holding events at the Vineyard or elsewhere.
(28) Any act that encourages any of the acts specified in the preceding paragraphs.
(29) Any act suspected to be any of the acts specified in the preceding paragraphs.
(30) Any other act that the Company deems inappropriate
2. The Company reserves the right to determine at its sole discretion whether any of the prohibited acts listed in the preceding paragraph apply.
Article 8 (Voluntary withdrawal)
- Members may cancel their membership in the Group by informing the Administrator of their intention to cancel their membership in the Service and going through the prescribed procedures.
2. Even if a member withdraws from the group, the information posted by that member may remain viewable by other members.
Article 9 (Expiry of Membership)
If any of the following events occur to a Member, the Member's membership will be invalidated and the Member will no longer be able to use any of the Services.
(1) When a member fails to make payment via his/her registered credit card or fails to make payment by the due date at the time of renewal.
(2) In the cases specified in Article 11
Article 10 (Measures for violations of the Terms of Use, etc.)
In order to operate the Service appropriately, if a Member falls under any of the items listed below, the Company reserves the right to take any necessary measures, including but not limited to deleting the Member's posted information, suspending the Member's use of the Service, or invalidating the Member's membership, without prior notice to the Member.
(1) If the Member violates or is in danger of violating any provision of these Terms and Conditions.
(2) If the trust between the member and the administrator or our company is lost, or if the administrator or our company determines that the member's use of the service is inappropriate
Article 11 (Handling of Member Data and Member Posted Information, etc.)
1. In the event that the need arises for the maintenance or improvement of the Service, the Company may copy, etc., Member Posted Information to the extent necessary for the maintenance or improvement of the Service.
2. The Company and the Administrator may use (including duplication, copying, modification, sublicensing to third parties, and any other use) the information posted by the member free of charge for the purpose of advertising this service and commercializing and creating services derived from this service (including but not limited to secondary use such as publishing in books), and the member grants this permanent and irrevocable permission to the Company and the Administrator. However, if the Company and the Administrator use information posted by the member that can identify an individual or information posted by the member with an explicit intention to make it private, the Company and the Administrator must obtain the prior consent of the member who posted the information.
3. Members shall not exercise any moral rights against the Company or the Administrator regarding the use of the Member Posted Information as described above.
Article 12 (Monitoring of Member Posted Information)
In order to allow members to use the Service comfortably, the Company will monitor the information posted by members, either by itself or by entrusting it to a third party, and members agree to this. However, the Company is not obligated to monitor.
Article 13 (Suspension, Change, and Termination of the Service)
1. Our company may suspend provision of all or part of the Service at any time if any of the following applies:
(1) When carrying out inspection or maintenance work on the system related to the Service
(2) When the system, communication lines, etc. are stopped
(3) In the event of a natural disaster such as an earthquake, lightning, fire, storm or flood damage, or power outage, or other emergency.
(4) If the LINE service is suspended
(5) Any other reason that the Company deems it necessary to suspend the Service.
2. The Company reserves the right to change the content of the Service or terminate the provision of the Service at its convenience. If the Company suspends, changes or terminates the Service (hereinafter referred to as "Suspension, etc."), the Company will endeavor to notify Members in advance as much as possible, but please note that in the case of an emergency, etc., it may not be possible to give advance notice.
3. The Company shall not be liable for compensation for damages suffered by a Member due to the suspension or other cause of the Service.
Article 14 (Disclaimer)
1. Our company does not guarantee any of the following: Members shall use this service and the usefulness of the information provided by this service at their own discretion and responsibility.
(1) The usefulness, suitability, completeness, accuracy, reliability, safety, legality, morality, and currency of all information provided by the Service, including Owner-issued Information and the content of Streaming Content (including information provided by the Service and all information contained in links managed or operated by third parties displayed on the Service; the same applies hereinafter in this section).
(2) All matters relating to interactions between members
(3) Items posted on LINE
(4) There will be no defects, errors or interruptions in the provision of this Service.
(5) The information transmitted by the Administrator and the content distributed on this Service do not infringe the rights of third parties.
(6) The existence or integrity of the Service will be maintained.
2. If a dispute arises between a Member and the Administrator or another Member, the parties involved shall resolve it between themselves.
3. If a Member incurs damages due to the Company's default or tort in connection with the Member's use of the Service, the Company shall be liable for compensation to the Member up to the amount of the service fee incurred by the Member in the month in which the default or tort occurred, except in cases where the Company is guilty of willful misconduct or gross negligence.
Article 15 (Compensation for Damages)
If the Company incurs damages due to the actions of a member (including claims arising from the actions of a member), the Company may claim compensation for the full amount of such damages (including attorney's fees borne by the Company) from the member.
Article 16 (Handling of Personal Information)
1. The Company will handle personal information provided to the Company by Applicants and Members when using the Service in accordance with the provisions of the Company's "Privacy Policy." Note that in this article, "personal information" refers to personal information as defined in the "Act on the Protection of Personal Information."
2. The Company may use personal information for the purposes set forth below.
(1) Purpose of providing this service
(2) To cooperate with the procedures for the Administrator's membership screening of applicants.
3. Applicants and Members agree that the Company may provide personal information to the Administrator and a third party designated by the Administrator to the extent necessary for the purposes set out in the preceding paragraph.
4. If an applicant or member provides their personal information directly to the administrator without going through our company, our company shall not be involved in any disputes that arise as a result and shall not be held liable to the applicant or member in any way.
Article 17 (Changes to Terms)
1. Our company reserves the right to change these Terms and Conditions and the Administrator Rules, etc., when deemed necessary, without prior notice to Applicants and Members.
2. The revised Terms of Use shall come into effect at the time they are displayed on the Service, and if the Applicant or Member uses the Service after the Terms of Use have been revised, the Member shall be deemed to have accepted the contents of the revised Terms of Use.
Article 18 (Notifications from the Company)
1. Regarding any matters related to communication from our company to applicants and members, we will contact or notify them via the email address or various SNS that the member registered when registering as a member.
2. If there is any change in the email address of the Applicant or Member as described in the preceding paragraph, the Applicant or Member must immediately make the change on this Site.
3. Even if an applicant or member incurs damages due to the applicant or member's failure to carry out the change procedures set forth in the preceding paragraph, the Company shall not be liable for any damages.
Article 19 (Prohibition of Transfer of Rights and Obligations)
With respect to all contracts based on these Terms and Conditions, a Member may not assign, transfer, pledge as security or otherwise dispose of all or part of his/her contractual status and any rights and obligations arising from them to a third party without the prior written consent of the Company.
Article 20 (Severability)
If any provision of these Terms and Conditions is found to be in violation of the relevant laws and regulations applicable to the contract with a Member based on these Terms and Conditions, such provision shall not apply to the contract with the Member to that extent. However, even in such case, the validity of other provisions of these Terms and Conditions shall not be affected.
Article 21 (Governing Law, Court)
1. These Terms shall be governed by and construed in accordance with the laws of Japan.
2. The Company, the Applicant and the Members agree in advance that the Tokyo District Court shall be the court of first instance with exclusive jurisdiction over any disputes that may arise between the Company and the Applicant or Members in relation to these Terms and Conditions.
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