Terms of Use
This Terms of Use (hereinafter referred to as "these Terms") set forth the matters that users (defined in Article 2, Paragraph 1) must comply with when using the various services (including any changes to the name or content of the services for any reason, hereinafter referred to as "the Services") provided by Giraffe Inc. (hereinafter referred to as "the Company") through the internet service "magi" provided by the Company. It also establishes the rights and obligations between the Company and the users. Those who wish to use the Services must agree to these Terms, so please read the entire Terms and agree to them before using the Services.
Chapter 1 General Provisions
Article 1 (Contents of the Services and Role of the Company)
1. The Services provide an online flea market service for trading cards and other items.
2. The Services provide opportunities for the sale and purchase of trading cards and other items between users (defined in the following article, Paragraph 1) and related ancillary services. All guarantees concerning sale and purchase contracts, listings, purchases, etc., between users shall be the sole responsibility of the respective users, and the Company shall not conduct sales itself, except in the case of Paragraph 4 or when the Company provides consignment sales services separately.
3. The Services do not mediate auctions or act as an intermediary for the sale of goods through auctions. The content of the Services is as stipulated in these Terms and the guides.
4. The Company may list trading cards and other items as a seller (defined in Article 2, Paragraph 1) within the Services. Terms that do not naturally apply to the Company as a seller by the nature of the regulations may not apply to the Company.
Article 2 (Definitions)
1. In these Terms, unless otherwise defined or clearly understood from the context, the following terms shall have the following meanings:
a. "These Terms" refers to these Terms of Use, separate terms set by the Company, and the guides defined in c., all of which constitute these Terms.
b. "Privacy Policy" refers to the privacy policy established by the Company (regardless of its name).
c. "Guide" refers to the guide set by the Company regarding the Services.
d. "User" refers to individuals or corporations who agree to the content of these Terms and use the Services within Japan.
e. "Business Registered User" refers to users who have applied for business registration following the procedures separately set by the Company and whose registration has been approved by the Company.
f. "Personal Information" refers to personal information as defined in Article 2, Paragraph 1 of the Act on the Protection of Personal Information, and "Personal Data" refers to personal data as defined in Article 47, Paragraph 1 of the same Act.
g. "Content" refers to information posted or transmitted on the Services by the Company or users.
h. "Listing" refers to the act of a user posting or transmitting the necessary content for a transaction of goods on the Services, making it viewable by other users and enabling transactions.
i. "Seller" refers to a user who lists goods through the Services.
j. "Buyer" refers to a user who purchases goods listed by a seller on the Services.
k. "Goods" refers to trading cards and other items.
2. The definitions in this article apply to these Terms unless otherwise defined or clearly understood from the context.
Article 3 (User Registration, etc.)
1. Those who wish to use the Services (hereinafter referred to as "Registration Applicants") can apply for registration to use the Services by agreeing to comply with these Terms and providing the Company with certain information specified by the Company (hereinafter referred to as "Registration Information") in the manner specified by the Company.
2. The application for registration must be made by the individual or the representative or employee of the corporation who will use the Services, and registration applications by agents are not permitted unless the Company has agreed in advance in writing (including electronic records). Registration applicants must provide true, accurate, and up-to-date information to the Company when applying for registration.
3. If the registration applicant is a minor, the registration application must be made after obtaining comprehensive consent from their guardian or other legal representative regarding the registration application, the use of the Services, conducting sales and other transactions through the Services, and all other uses of the Services. If the registration applicant is a minor, the Company may contact the legal representative to confirm the consent. The legal representative must promptly respond to the matters requested by the Company concerning the consent for the registration application.
4. Users and registration applicants may not register multiple user accounts.
5. The Company may refuse registration if it determines that the applicant falls under any of the following:
a. If the Company determines that there is a risk of violating these Terms or if the registration applicant has previously violated these Terms.
b. If any of the Registration Information provided to the Company is false, incorrect, or incomplete.
c. If the applicant has had their registration to use the Services canceled in the past.
d. If the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance and has not obtained the consent of a legal representative, guardian, curator, or assistant.
e. If the applicant is an organized crime group, a member of an organized crime group, a right-wing organization, an anti-social force, or any equivalent, or if the applicant cooperates or is involved with such groups by providing funds or other means.
f. If the Company otherwise determines that registration is inappropriate.
6. The Company will determine the eligibility for registration of the registration applicant based on the preceding paragraph and will notify the applicant if the registration is approved. The registration of the applicant as a user is completed upon such notification, and a contract for the use of the Services (hereinafter referred to as "Use Agreement") is established between the user and the Company following these Terms.
7. Users must promptly notify the Company of any changes to the Registration Information in the manner specified by the Company and provide the information and documents requested by the Company.
Article 3-2 Business Registration and Obligations of Business Registered Users
1. When a user applies for business registration following the procedures specified by the Company, the Company will verify the applicant's identity based on the Act on the Control of Secondhand Articles following the procedures specified by the Company. If the Company determines that identity verification cannot be completed due to deficiencies in the documents submitted by the applicant, the Company will notify the applicant.
2. Business registration applications are limited to users.
3. Business registered users must cooperate with the procedures for identity verification requested by the Company even after business registration if the Company deems it necessary.
Article 4 (Management of Account Information)
1. Users are responsible for managing and storing their user ID and password (hereinafter referred to as "Account Information") related to the Services at their own risk and shall not allow third parties to use, lend, transfer, change the name of, or sell the Account Information.
2. Users are responsible for any damage caused by inadequate management of Account Information (including using easily guessable passwords), mistakes in use, or third-party use, and the Company assumes no responsibility.
3. If a user finds that their Account Information has been stolen or is being used by a third party, they must immediately notify the Company and follow the Company's instructions.
Article 5 (Cancellation of User Registration, etc.)
1. The Company may, without prior notice, cancel user registration, deny access to or suspend the use of all or part of the Services, delete all or part of the content or information related to the user, or take other necessary measures if it determines that the user falls under any of the following:
a. If the user violates laws or these Terms.
b. If fraudulent activities are found.
c. If the registered information is false.
d. If the user fails to follow the procedures required under these Terms or fails to contact the Company when necessary under these Terms.
e. If the registered information duplicates existing registration.
f. If the registered phone number or email address becomes unreachable.
g. If the user becomes insolvent, bankrupt, suspends payments, or becomes unable to pay.
h. If the user causes undue inconvenience to other users or third parties.
i. If there is an issue with the user's registered financial institution account, such as illegal or inappropriate activities pointed out by the financial institution.
j. If the user falls under any of the items in Paragraph 5, Article 3.
k. If there is no use of the Services for over 12 months, and there is no response to the Company's communication.
l. If the user or a third party on behalf of the user engages in violent demands, unreasonable demands beyond legal responsibility, threatening behavior, or uses violence, spreads rumors, uses deception, or force to damage the credibility or obstruct the business of the Company.
m. If the user does not respond to inquiries related to this paragraph.
n. If the Company reasonably determines that the user's use of the Services is inappropriate.
2. The Company may prohibit users subject to the measures under the preceding paragraph from using and accessing the services provided by the Company in the future.
3. If the Company suspects that the user involved in illegal activities or deems it necessary, it may withhold the payment of money to be paid to the user at the time of the measures under the preceding paragraph.
4. The Company assumes no responsibility for any damages incurred by users due to the measures under the preceding paragraph, except in cases of intentional or gross negligence.
5. The Company is not obligated to explain the reasons for the measures under the preceding paragraph to users.
Article 6 (User Withdrawal)
1. Users may withdraw from the Services by contacting the Company as specified by the Company and obtaining approval from the Company.
2. Notwithstanding the preceding paragraph, users cannot withdraw if there are unsettled transactions, such as payment for transactions, shipping of goods, withdrawal requests for product payments, or other transaction procedures. Users must promptly and smoothly complete the unsettled transactions following these Terms and then contact the Company again following the procedures specified by the Company.
3. The Company assumes no responsibility for any damages incurred by users due to the measures under the preceding paragraph, except in cases of intentional or gross negligence.
Article 7 (Handling of Personal Information, etc.)
1. The Company will handle personal information following these Terms and the Privacy Policy.
2. Users must check the Privacy Policy on the Services before using or browsing the Services and agree to its contents before using the Services.
3. The Company may use personal information obtained through the Services for providing the Services and for purposes stated in the Privacy Policy.
4. To resolve disputes arising from the sale of goods or other transactions between users through the Services, the Company may provide the contact information of the relevant user to the other party involved in the dispute. Users agree to this provision in advance.
5. The Company may provide personal information to third parties to prevent fraudulent use of credit cards by third parties. Users agree to this provision in advance.
6. Users must comply with the Act on the Protection of Personal Information and other laws when handling personal information obtained through the Services.
Article 8 (Prohibited Acts)
1. The Company prohibits users from engaging in the following acts (hereinafter referred to as "Prohibited Acts") and users agree that engaging in any of the Prohibited Acts, whether intentional or negligent, will be considered a violation of these Terms. The Company may add or modify the Prohibited Acts as necessary, and users must always check the latest content when using the Services. If the Company determines that a third party's actions are equivalent to the Prohibited Acts by the user, the third party's actions will be considered as the user's actions.
a. Acts that violate laws or these Terms.
b. Acts that are inappropriate in light of the spirit of these Terms.
c. Acts that violate the precautions set separately by the Company for using the Services.
d. Acts that interfere with the operation of the Company's services.
e. Impersonating another person's name or user ID.
f. Using another user's qualifications to use the Services.
g. Acts that infringe the intellectual property rights, including copyrights, or other rights or interests of the Company or other users, or acts that are likely to do so.
h. Acts that negatively affect the mental and physical health of young people.
i. Acts that are contrary to public order and morals.
j. Sending information related to opposite-sex dating.
k. Posting or distributing vulgar or obscene content.
l. Posting or distributing false information.
m. Acts that other users cannot understand or are likely to misunderstand or confuse.
n. Acts that infringe on the privacy of other users, damage their reputation, or cause other mental harm to them.
o. Publishing or posting personal information (such as real names, addresses, email addresses, and phone numbers) other than through the procedures specified by the Company.
p. Acts that cause economic damage to the Company or other users.
q. Acts that cause physical or mental harm to other users.
r. Acts that are likely to cause inconvenience or discomfort to other users.
s. Acts that are likely to cause disputes with other users.
t. Acts that imply ethnic or racial discrimination or lead to such discrimination.
u. Acts that the Company deems unacceptable from an ethical perspective.
v. Using any of the Company's services, content, information, systems, functions, or programs for commercial purposes without the Company's prior written consent.
w. Acts for commercial advertising or promotion purposes.
x. Posting links to websites or resources operated by third parties.
y. Engaging in solicitation activities.
z. Engaging in any acts related to election campaigns.
aa. Transmitting computer viruses or any acts that negatively affect computer equipment, communication lines, software, etc.
bb. Negatively affecting the servers or networks connected to the Company's services.
cc. Unauthorized access to any systems related to the Company's services.
dd. Accessing the Services using methods other than the interfaces provided by the Company.
ee. Exploiting security holes, errors, bugs, etc., in the systems or software related to the Company's website.
ff. Reverse engineering, disassembling, or decoding any systems or software related to the Company's website, modifying, altering, or duplicating them, or reusing them for secondary purposes.
gg. Engaging in money laundering activities.
hh. Listing items at significantly divergent prices from their normal economic value.
ii. Engaging in mutual purchase practices at reduced prices with other users.
jj. Exchanging or proposing to exchange items with other users.
kk. Attempting to settle the payment for listed items through means other than the payment methods provided on the Services.
ll. Offering cash on delivery payments through methods not approved by the Company.
mm. Listing the same item multiple times (including individual items in a bundled listing).
nn. Engaging in transactions or exchanges between secondhand dealers.
oo. Shipping items from overseas.
pp. Acting as a proxy to list items for other users or allowing other users to list items on their behalf.
qq. Trading NFTs issued by other marketplaces or services on the Services if the respective services prohibit trading those NFTs outside their platform.
rr. Acts that violate contracts with third parties.
ss. Other acts that the Company deems inappropriate.
2. The Company prohibits minors or other persons with limited legal capacity from conducting transactions on the Services without the consent of their legal representatives.
3. The Company prohibits the use of the Services by individuals who fall under or are equivalent to those described in Article 3, Paragraph 5 e.
4. Users represent and warrant that they will not violate the preceding two paragraphs when using the Services.
5. If the Company determines that a user violates or is likely to violate the preceding three paragraphs, it may suspend the provision of the Services to the user without prior notice. The Company assumes no responsibility for any damages or disadvantages incurred by the user due to this suspension, except in cases of intentional or gross negligence.
Chapter 2 Listing and Purchasing Methods of Goods
Article 9 (Listing of Goods)
1. Sellers shall list goods following the procedures specified by the Company. The Company may establish standards for listing methods, conduct reviews, and restrict the use of listings if they do not meet the standards.
2. Users agree in advance that they cannot list the following goods (hereinafter referred to as "Prohibited Goods"). If a user lists Prohibited Goods, it will be considered a violation of these Terms regardless of the user's intention or negligence:
a. Goods that violate laws.
b. Goods obtained through criminal or equivalent activities (hereinafter referred to as "criminal activities") or related to criminal activities, or goods used in criminal activities.
c. Goods that infringe or are likely to infringe the rights or interests of third parties due to the seller's listing or the sale of the goods.
d. NFTs issued by other marketplaces or services if those services prohibit trading those NFTs outside their platform.
e. Other goods deemed inappropriate by the Company.
3. Users must not list goods that they do not genuinely intend to sell. Additionally, users must not list goods that cannot be properly understood or are likely to confuse other users or other listings with insufficient explanations. Users must not post images unrelated to the listed goods as information related to the listing.
4. Users must comply with the Act on the Control of Secondhand Articles, the Act on Specified Commercial Transactions, the Act against Unjustifiable Premiums and Misleading Representations, the Unfair Competition Prevention Act, the Trademark Act, the Copyright Act, and other applicable laws when listing goods.
5. Users may not list goods intending to sell only to specific users. The Company may determine at its discretion whether a listing intends to sell only to specific users based on the listing conditions and other circumstances and may take measures under Paragraphs 6 and 7. The Company assumes no responsibility for any damages incurred by users due to such determination and measures, except in cases of intentional or gross negligence.
6. If the Company determines that a user's listing violates these Terms or is inappropriate, it may cancel the listing or related purchases at its discretion. The Company assumes no responsibility for any damages incurred by users due to these measures, except in cases of intentional or gross negligence.
7. The Company may take the following actions without prior notice regarding goods listed by users and assumes no responsibility for any damages incurred by users due to these actions, except in cases of intentional or gross negligence:
a. Cancel the listing.
b. Restrict the visibility of the listing.
c. Hide image data related to the listing information.
8. Users shall resolve any liability issues arising from their listings or related transactions with third parties at their own expense and responsibility, and the Company assumes no responsibility for such issues, except in cases of intentional or gross negligence.
9. Users agree in advance that goods listed by users under Paragraph 1 may also be displayed as items listed on "Rakuma," a service provided and operated by Rakuten Group Inc. (hereinafter referred to as "Rakuma"). However, if users request not to display their goods on Rakuma following the procedures specified by the Company, the Company will process the request to ensure that the goods are not displayed on Rakuma.
10. Users agree to comply with the magi-Rakuma Partnership Service Individual Terms (https://magi.camp/terms/r_renkei) and the terms set by Rakuten Group Inc. referenced therein unless they request not to display their goods on Rakuma simultaneously with business registration under Article 3-2.
Article 10 (Purchase of Goods)
1. Users shall place orders with the intent to purchase following the procedures specified by the Company. Users cannot cancel orders after placing them.
2. Users cannot place orders for goods they do not intend to purchase, for resale or other commercial purposes, or orders that appear to be pranks at the Company's discretion.
3. Even if an order is placed under Paragraph 1, if the data related to the sale price, action data indicating the intent to sell, and other data specified by the Company do not arrive at the Company's server within the time allowed to start the transaction, the order will be invalid, and users agree to this in advance.
4. Sellers cannot purchase their listings.
5. Users must decide whether to purchase listed goods based on the information provided by the seller and other information at their own expense and responsibility. The Company assumes no responsibility for any damages incurred by users or third parties due to orders or purchases made by users under Paragraph 1, except in cases of intentional or gross negligence.
Article 11 (Issuance and Use of Coupons)
1. The Company may issue coupons to users that can be used in the Services.
2. The issuance and use conditions of coupons shall be determined by the Company, and users must comply with them.
3. The validity period of coupons is set to 23:59 (Japan time) on the expiration date specified for each coupon.
4. Coupons can only be used at the time of purchase and cannot be applied retroactively to already completed purchases.
5. No refunds will be issued for the difference if the purchase amount is less than the coupon amount.
6. Users agree to the following when using coupons:
a. Coupons can only be used by the user who purchased the coupon, and users cannot use coupons owned by other users.
b. Users cannot transfer or share their coupons with other users or third parties.
c. Coupons cannot be canceled or refunded after purchase under any circumstances.
d. The Company is not responsible for accidents related to items purchased using coupons (such as loss, theft, damage, or delayed delivery of items) unless there are reasonable grounds attributable to the Company, and the Company will not refund the coupons.
e. If a user loses their user status due to withdrawal or cancellation of registration, all coupons owned by the user will expire, and the user will lose all rights to the coupons.
7. If the Company determines that a user has violated or is likely to violate Paragraphs a or b, it may cancel all or part of the user's coupons.
Chapter 3 Conclusion and Execution of Sale and Purchase (Seller-Buyer Sales)
Article 12 (Timing of Conclusion, Payment, and Execution of Sale and Purchase (Seller-Buyer Sales Contract))
1. A sale and purchase contract (hereinafter referred to as "Seller-Buyer Sales Contract") between a seller and a buyer for goods (including NFTs and other rights and interests) is concluded when the buyer completes the purchase procedure for the listed specific goods. Sellers and buyers cannot transfer, provide as collateral, or otherwise dispose of the rights and obligations arising from the Seller-Buyer Sales Contract to third parties.
2. When a Seller-Buyer Sales Contract is concluded, the buyer shall pay the total amount of the product price and the fee separately specified by the Company in the manner specified by the Company. If the seller bears the shipping cost (including packaging costs), it will be included in the product price, and if the buyer bears the cost, the shipment will be made on a cash-on-delivery basis.
3. After the buyer's payment of the product price is completed or after receiving a shipping request from the Company, the seller shall ship the goods to the buyer. When shipping goods, sellers must comply with the following:
a. Ship goods that match the content posted as product information on the Services and the goods photographed and posted as images.
b. The payer of the shipping cost (including packaging costs) should be as specified at the time of listing.
c. For the transfer of NFTs, follow the procedures specified by the marketplace or service handling the NFTs.
4. Any disputes arising between the seller and the buyer concerning the goods or the Seller-Buyer Sales Contract shall be resolved between the respective users, and the Company assumes no responsibility for such disputes, except in cases of intentional or gross negligence.
5. If goods have issues such as damage, discrepancies with the seller's description, or packaging problems causing damage during delivery, or if the seller is otherwise responsible, the seller shall bear the cost of refunds, returns, exchanges, etc.
6. Even if the seller displays different information concerning the return of goods than the content of these Terms, the content specified in these Terms shall take precedence. Sellers and buyers agree to this in advance.
7. Payments or settlements required for the use of the Services shall be made through the online system of the Services or other methods specified by the Company, and the details shall be specified in the guide of the Services. Receipts for payments made by users in connection with the use of the Services will not be issued. Users shall bear the transfer fees and other costs required for payment following the guide of the Services.
8. Sellers grant the Company the authority to receive product payments on behalf of the buyers. If the Company designates a payment service provider or a payment agency, sellers grant such entities the authority to receive product payments. The buyer's payment obligation to the seller is extinguished when the Company or the designated payment service provider or payment agency receives the product payment. The Company may designate payment service providers or payment agencies based on the region. Sellers agree in advance that the product payment receivable may be transferred to the Company if necessary for the merchant contract with the payment service provider or payment agency, and buyers consent to this transfer without objection.
9. If users do not make the necessary payments or delay payments under these Terms or if the credit card or bank account information entered by the user is suspended, the Company may suspend the user's use of the Services without notice and take measures as specified in Article 5.
10. Even if a Seller-Buyer Sales Contract is concluded, if the buyer does not pay the total amount of the product price and fee or delays payment, if the seller does not ship the goods, if the goods are Prohibited Goods, if the goods do not conform to the content of the Seller-Buyer Sales Contract, if the listed goods do not match the actual goods, or if the Company deems it necessary, the Company may cancel the Seller-Buyer Sales Contract.
11. If a Seller-Buyer Sales Contract is canceled under the preceding paragraph, the seller shall bear the cost of refunds, returns, repairs, or exchanges. If the seller refuses to accept the returned goods concerning the canceled sales contract, the Company may consider this refusal as an abandonment of ownership by the seller and may dispose of the goods (including transferring them to third parties). The seller agrees to this in advance and cannot make any objections or claims for damages.
12. The Company assumes no responsibility for any damages incurred by users due to the use or suspension of credit card or bank account information entered by users, inaccuracies in the entered information, or the Company's actions or inactions under this article, except in cases of intentional or gross negligence.
Article 12-2 (Special Provisions for Transactions Concluded on Rakuma)
1. Notwithstanding the preceding article, if a seller's goods are purchased on Rakuma, the magi-Rakuma Partnership Service Individual Terms (https://magi.camp/terms/r_renkei) will also apply to the transaction.
2. In addition to the preceding paragraphs, if any matters arise related to transactions concluded on Rakuma that the Company or Rakuten Group Inc. deems necessary, sellers shall respond in good faith to such matters upon the Company's request.
Article 12-3 (Special Provisions for Transactions through Anshin Trade)
Notwithstanding Article 12, if a buyer selects the Anshin Trade option for the transaction, the Anshin Trade Terms of Use (●●) will also apply to the transaction.
Article 13 (Content Verification and User Evaluation)
1. Buyers shall promptly verify the content of the received goods upon receipt. If the goods are found to be Prohibited Goods as a result of the verification, the buyer shall report this to the Company following the procedures specified by the Company within the period specified by the Company from the date of receipt.
2. If the buyer determines that the goods are not Prohibited Goods as a result of the content verification, the buyer shall evaluate the seller following the procedures specified by the Company within the period specified by the Company from the date of receipt.
3. After the buyer evaluates the seller, the seller shall evaluate the buyer following the procedures specified by the Company.
4. If the buyer does not report under Paragraph 1 or evaluate under Paragraph 2 within the period specified by the Company from the date of receipt of the goods, the Company may consider that the buyer has evaluated.
5. If the buyer reports under Paragraph 1 within the period specified by the Company from the date of receipt but does not evaluate the seller following the procedures specified by the Company within the period specified by the Company from the date the Company notifies the buyer that the goods are not Prohibited Goods, the Company may consider that the buyer has evaluated.
6. The Company assumes no responsibility for any damages incurred by users due to the measures under Paragraphs 4 and 5, except in cases of intentional or gross negligence.
Article 14 (Usage Fees and Sales Withdrawal Requests)
1. Sellers shall pay the Company a usage fee for the Services when a Seller-Buyer Sales Contract is concluded for the listed goods, calculated by multiplying the sales price of the concluded sales contract by the rate specified separately in the guide. The usage fee for each item is displayed when the seller sets the product price.
2. The usage fee for the Services will be collected by deducting it from the product price, and the seller agrees in advance to the collection method of deducting the usage fee from the product price received by the Company on behalf of the seller.
3. Sellers shall request the withdrawal of the product price within 90 days from the completion of the transaction (when the payment and shipping of goods related to the Seller-Buyer Sales Contract are completed, and mutual evaluation by the seller and buyer is conducted, or when the buyer's evaluation is deemed completed by the Company). Sellers cannot request the withdrawal of the product price before the completion of the transaction.
4. The Company may request identity verification and confirmation of transaction information when requesting the withdrawal of the product price, and the withdrawal may be withheld until the verification is completed. Sellers agree to this withholding in advance.
5. If the seller does not request the withdrawal of the product price within 90 days from the completion of the transaction despite being notified by the Company to do so, the Company may consider that the seller has requested the withdrawal and may pay the product price to the seller.
6. If the seller has not designated a bank account for receiving the product price or if the designated bank account is incorrect, and the seller has not designated a correct receiving bank account within 2 years from the completion of the transaction, the Company may consider that the seller has waived the right to claim the product price.
Chapter 4 Miscellaneous
Article 15 (Handling of Points)
1. The Company may issue points that users can use within the Services. Users can use such points for purchasing goods within the Services at a rate of 1 point = 1 yen within the validity period specified in Paragraph 7. The Company will pay the equivalent monetary value of the used points to the seller on behalf of the user.
2. The Company may grant points to users who meet the criteria specified separately by the Company (excluding the case in the following paragraph).
3. Users (excluding users subject to measures under Article 5) can exchange sales proceeds before the withdrawal request within 90 days of transaction completion for points at a rate of 1 point = 1 yen. The sales proceeds payment claim will be used to purchase points as a form of in-kind payment.
4. When the Company confirms that the user has completed the point exchange procedure under the preceding paragraph, the exchange is completed by granting points equivalent to the purchase amount. The user's sales proceeds payment claim to the Company will be extinguished. Users cannot cancel the completed exchange procedure.
5. Users who exchange points must promptly check the balance for errors after the exchange is completed and immediately report any errors to the Company.
6. The acquisition rate, conditions, expiration conditions, and eligible goods for points obtained by users (limited to those obtained under Paragraph 2) will be specified separately by the Company, except as provided in these Terms.
7. Users can use points within 150 days from the date the points are granted (or a shorter period specified by the Company before the points are granted) unless the Company allows an extension. Users acknowledge that the Company has no obligation to notify users of the expiration date before the expiration period ends and that even if the Company voluntarily notifies users of the expiration date, it has no obligation to continue doing so.
8. The starting date for the point validity period is the date the points are granted by the Company. Even if points used by the user are returned to the user due to cancellations or other reasons, the handling of points will not differ.
9. If a user withdraws or their registration is canceled, the points held by the user will expire at the time of withdrawal or cancellation, regardless of the validity period specified in Paragraph 7. Users agree that the Company will not notify users of the number of points that will expire upon withdrawal or cancellation.
10. Users can use points only for their transactions within the Services and cannot transfer, sell, or use the points as a payment method outside the transactions within the Services. Users must contact the Company if they are solicited by third parties to engage in these prohibited activities.
11. The Company will not refund points in cash under any circumstances.
Article 16 (Transition to Other Services)
1. When users use the Services, they may transition to services provided by the Company's group or other businesses designated by the Company (hereinafter referred to as "Third-Party Services") used for the implementation of the Services. Users agree to this transition in advance and use the Services and Third-Party Services following these Terms and the terms of use of the Third-Party Services.
2. If users continue to use the Services after transitioning to the Third-Party Services, they will be deemed to have agreed to the terms of use of the Third-Party Services. The Company makes no guarantees regarding the Third-Party Services and assumes no responsibility for any damages incurred by users or third parties due to the use of the Third-Party Services, except in cases of intentional or gross negligence.
Article 17 (Suspension of the Services, etc.)
1. The Company may suspend or interrupt the use of all or part of the Services without prior notice to users in the following cases:
a. When regular or urgent maintenance or inspection of the computer system related to the Services is conducted.
b. When the computer, communication lines, etc., are stopped due to an accident.
c. When the operation of the Services becomes impossible due to force majeure such as fire, power outage, natural disasters, etc.
d. When there are problems, suspension, or interruption of the Third-Party Services, suspension of cooperation with the Services, changes in specifications, etc.
e. When the Company determines that suspension or interruption is necessary.
2. The Company may terminate the provision of the Services at its discretion. In such cases, the Company will notify users in advance.
3. The Company assumes no responsibility for any damages incurred by users due to measures taken under this article, except in cases of intentional or gross negligence.
Article 18 (Rights Attribution)
1. All ownership and intellectual property rights related to the Services belong to the Company or the licensors who grant licenses to the Company, and the Company's permission to use the Services under these Terms does not imply the transfer or license of the intellectual property rights related to the Services owned by the Company or its licensors. Users shall not engage in any acts that may infringe the intellectual property rights of the Company or its licensors for any reason (including reverse assembly, reverse compilation, and reverse engineering).
2. The Company may freely use (including reproduction, copying, modification, sublicensing to third parties, and other uses) the photos, videos, information, and other content posted or transmitted by users in the Services without charge.
3. Users are responsible for all content posted or transmitted in connection with the Services, and the Company does not verify the content, quality, accuracy, reliability, legality, timeliness, usefulness, etc. The Company does not guarantee these aspects and assumes no responsibility for them, except in cases of intentional or gross negligence.
4. Users must judge the content, quality, accuracy, reliability, legality, timeliness, usefulness, transferability, etc., of the content posted or transmitted by other users themselves. The Company assumes no responsibility for any damages incurred by users or third parties due to the use of the content by users, except in cases of intentional or gross negligence.
5. The Company has no obligation to back up content. Users must back up content at their own expense and responsibility if necessary.
6. If the Company determines that a user has violated these Terms or engaged in inappropriate behavior in light of the spirit of these Terms, it may change or delete any content posted by the user without prior notice.
Article 19 (Burden of Equipment, etc.)
1. Users shall prepare and maintain the necessary computer, software, other equipment, communication lines, and other communication environments at their own expense and responsibility to receive the Services.
2. Users shall take security measures at their own expense and responsibility to prevent computer virus infections, unauthorized access, information leakage, etc., according to their usage environment of the Services.
3. Even if the Company temporarily stores the messages or other information sent and received by users for operational purposes, the Company has no obligation to store such information and may delete it at any time. The Company assumes no responsibility for any damages incurred by users due to such deletion, except in cases of intentional or gross negligence.
4. Users must take sufficient care to prevent the loss, alteration, or damage of their information or equipment when downloading software or other means from the Services. The Company assumes no responsibility for any damages incurred by users due to such losses, alterations, or damage, except in cases of intentional or gross negligence.
Article 20 (Disclaimer and Limitation of Liability)
1. The Company does not guarantee that users will be able to list the goods they wish to list. The Company assumes no responsibility if users cannot list the goods they wish to list.
2. The Company does not guarantee the content, quality, or standard of the Services, the stable provision of the Services, or the results of using the Services. The Services are provided as-is, and the Company does not guarantee the Services, including fitness for a particular purpose, commercial usefulness, completeness, or continuity.
3. Even if users obtain any information directly or indirectly from the Company about the Services, other users of the Services, or other matters, the Company does not guarantee any content beyond what is stipulated in these Terms.
4. The Company does not guarantee that users will be able to complete transactions for goods through the Services at specific times expected by the users. The Company assumes no responsibility if transactions for goods are not completed through the Services at specific times expected by the users.
5. The Services may be linked to Third-Party Services, but such linkage is not guaranteed. The Company assumes no responsibility if the Services cannot be linked to Third-Party Services.
6. If the Services are linked to Third-Party Services, users shall comply with the terms of use of the Third-Party Services at their own expense and responsibility. If disputes arise between users and the operators of the Third-Party Services, the Company assumes no responsibility for such disputes. However, if disputes arise related to transactions under Article 12-2, Paragraph 1, users shall handle the disputes at their own expense and responsibility following the Company's instructions.
7. Users shall investigate whether their use of the Services violates applicable laws and regulations at their own expense and responsibility. The Company does not guarantee that the user's use of the Services complies with applicable laws and regulations.
8. Any transactions, communications, or disputes between users and other users, Third-Party Service providers, or other third parties related to the Services shall be handled and resolved at the user's expense and responsibility. The Company assumes no responsibility for these matters beyond what is stipulated in these Terms.
9. The Company assumes no responsibility for any damages incurred by users due to interruptions, suspensions, terminations, unavailability, or changes in the provision of the Services, deletion or loss of user messages or information, cancellation of user registrations, loss of data due to the use of the Services, or malfunction or damage to equipment, except in cases of intentional or gross negligence.
10. Even if links to other websites are provided from the Services or links to the Services are provided from other websites, the Company assumes no responsibility for the websites other than the Services or the information obtained from them. The Company assumes no responsibility beyond what is stipulated in these Terms.
11. The Company assumes no responsibility for any damages incurred by users due to the use of the Services, except in cases of intentional or gross negligence.
12. Notwithstanding the provisions of Article 5, Paragraph 4, Article 6, Paragraph 3, Article 8, Paragraph 3, Article 9, Paragraphs 5 to 8, Article 12, Paragraph 12, Article 13, Paragraph 6, Article 16, Paragraph 2, Article 17, Paragraph 3, Article 18, Paragraphs 3 and 4, Article 19, Paragraphs 3 and 4, and this Paragraph 9 and the preceding paragraph, if the Consumer Contract Act applies or for other reasons the Company is liable for damages to users, the Company will compensate for damages caused by the Company's intentional or negligent acts, up to the following amounts received by the Company from the relevant user in the past month:
a. Compensation for damages incurred by the seller in the Seller-Buyer Sales Contract: Sales commission.
b. Compensation for damages incurred by the buyer in the Seller-Buyer Sales Contract: Product price.
13. The Company may view and record content transmitted by users to promote the healthy use of the Services by minors, prevent criminal use of the Services, check users' compliance with these Terms, and improve the Services.
Article 21 (User's Liability for Compensation, etc.)
1. If users violate these Terms or cause damages to the Company in connection with using the Services, users must compensate the Company for the damages (including reasonable attorney fees).
2. If disputes arise between users and other users, Third-Party Service providers, or other third parties (including receiving claims from them) in connection with the Services, users must immediately notify the Company of the content and resolve the disputes or claims at their own expense and responsibility, and promptly report the progress and results to the Company upon the Company's request. However, if disputes arise related to transactions under Article 12-2, Paragraph 1, users must handle the disputes or claims at their own expense and responsibility following the Company's instructions.
3. If the Company receives any claims from other users, Third-Party Service providers, or other third parties for infringement of rights or other reasons related to the user's use of the Services, users must compensate the Company for the amounts the Company was forced to pay to the third party due to the claims and the costs incurred by the Company.
Article 22 (Changes to these Terms)
1. The Company may change these Terms at its discretion in the following cases:
2. When the changes to these Terms are in the general interest of users.
3. When the changes to these Terms do not contradict the purpose of the contract and are reasonable in light of the necessity of the changes, the appropriateness of the content after the changes, and other circumstances related to the changes.
4. When changing these Terms under the preceding paragraph, the Company will post the changes, the content of the revised Terms, and the effective date of the revised Terms on the Company's website (URL: https://magi.camp/terms/use) or notify users by email at least one month before the effective date of the revised Terms.
5. If users use the Services after the effective date of the revised Terms, they will be deemed to have agreed to the changes to these Terms.
Article 23 (Contact and Notifications)
Inquiries about the Services, other contacts or notifications from users to the Company, changes to these Terms, and other contacts or notifications from the Company to users shall be made in the manner specified by the Company.
Article 24 (Transfer of These Terms, etc.)
1. Users cannot transfer, move, pledge, or otherwise dispose of their status under the use contract or the rights or obligations based on these Terms (including claims for payment of sales proceeds) to third parties without the Company's prior written consent.
2. If the Company transfers the business related to the Services to a third party (regardless of the method of business transfer, company split, or other forms), the Company may transfer the status under the use contract, the rights and obligations based on these Terms, and user registration information and other customer information to the transferee, and users agree to such transfers in advance.
Article 25 (Severability)
1. Even if any provision or part of these Terms is deemed invalid or unenforceable under the Consumer Contract Act or other laws, users agree in advance that the remaining provisions will remain fully effective.
2. The Company and users will make efforts to amend the invalid or unenforceable provisions to ensure legal and economic effects equivalent to those of the invalid or unenforceable provisions.
Article 26 (Governing Law and Jurisdiction)
These Terms are governed by Japanese law, and any disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of the first instance.
Article 27 (Amicable Settlement)
The Company and users shall promptly resolve any matters not specified in these Terms or any ambiguities in the interpretation of these Terms through mutual consultation in good faith following the principle of mutual trust and sincerity.