NEWガイアの夜明けで紹介された、クラウドファンディングを活用して新規事業を立ち上げるためのスクール「zenschool(ゼンスクール)」 22期新規募集(残席1名)

zenmono Terms of Use

Welcome to zenmono website.

   We have strong wish and dream for all the people to play on zenmono website as an open space on internet to provide with cheerful experience through existing (WakuWaKku feeling) ‘Make= making product’’ for all of the people who are interested in any creation.

  For you to enjoy with safety and reliability, we establish minimum, which are explained as follows. We would appreciate it very much if you would kindly read and follow these rules and work together exiting(WakuWaku) Make world.

  enmono Co., Ltd.(hereinafter referred to as the “we” or the “Company”) stipulates byelaws regarding registration of member and terms of use (hereinafter referred to as the “Terms of Use”) of the service (hereinafter referred to as the “Services”) provided by “zenmono”(http://zenmono.jp) which we operates. In order to use this Service, it is necessary to agree to all of the Terms of Use, and when a member has used this Service, it shall be deemed that the member has consented to the Terms of Use.

<Chapter 1> ABOUT THE SERVICES:

Miki

(Provision 1) Purpose and Contents of this Service

This service is to provide matching and communication filed in which unspecified number of members as the members who support by funding (hereinafter referred to as the”Patron”) or the members who support by other ways but funding(hereinafter referred to as the “Supporter”) shall support and/or assist for the project which are creative plans and projects posted by a member (hereinafter referred to as the "Player") who has proposed a plan or project based on their own creativity.

(Provision 2) Coverage of this Service

This service includes medias such as blogs, Twitter, Facebook, newsletter, and so forth operated by this Service and/or us.

Utsunomiya

 

 

 

 

 

 

 

 

<Chapter 2> USE OFREGISTRATION OF MEMBER AND THIS SERVICE:

Miki

(Provision 3) Qualification of Member

  1. 1."Member" means a person who upon acceptance of the Terms of Use applies and is approved by us to use the Service by the method set forth by the Company.
  2.  
  3. 2.The member as the Player may propose their project on this service based on this Terms of Use.
  4.  
  5. 3.When they post their project and ask for support of patron, the member is regarded that they agree with this Terms of Use if they post their project.
  6.  
  7. 4.The member as the Patron can support the project posted by the Player on this Service based on this Terms of Use. The member is regarded that they agree with this Term of Use if the patron effects payment of funds for support.
  8.  
  9. 5.The member as the Supporter can assist this project posted the Player. The member is regarded that they agree with this Term of Use when they provide player with any supports except funding of money.
  10.  
  11. 6.The member may not allow any third party to use, nor assign or offer as collateral or otherwise dispose of the membership.

(Provision 4) Registration for Member

  1. 1.Any person who wishes to be the member (hereinafter referred to as the “Member Applicant”) shall personally apply for registration by themselves on line according to the rule and conduct designated by us. However, if member is not over 20 years old, he is required to get consent of their person with parental authority. If it is found that there is no consent of the person with parental authority, the member shall lose the qualification of member back to the time of registration.

In addition, the person who is regarded as related with gang group is prohibited to register as any status of this service. If such fact is found, the member shall lose the qualification of member back to the time of registration.

  1. 2.The procedure for registration will be completed after our approval to above-mentioned application for registration. There is possibility that we do not
    approve the registration by our own judgment in case the member lost the qualification in the past or we find any untruth fact in the application.
Utsunomiya
Miki

(Provision 5) Governance of Member ID and Password

  1. 1.The member shall responsible to keep tabs on member’s ID and password issued by us to the member.
  2.  
  3. 2.The member may not allowed to let the third person use, nor assign or offer as collateral or otherwise dispose of the membership ID and password.
  4.  
  5. 3.The member shall responsible for any prejudice caused by the lack of control, misuse or the third party use. We and the Player shall not take any responsibility and risk.
  6.  
  7. 4.In case the member recognizes that the member ID and password become disclosed to the third party or have doubt that are wrongly used by the third party, they shall immediately report that to us and follow our instruction if any. In this case, we may terminate the member ID and password as an injustice account.
  8.  
  9. 5.The registered member has obligation to change there password regularly. And, we will not take any responsibility for any risk and prejudice caused of the lack of such member’s obligation.

(Provision 6) Mail Magazine etc.

The member is supposed to agree that we provide them with e-mail notice regarding guidance about this Service, maintenance of system and what we judge as important.

Utsunomiya
Miki

(Provision 7) Change of Provided Information

  1. 1.The member shall submit by the designated form any change in registered information.
  2.  
  3. 2.Any notice from us to the members shall be deemed to have reached to the member at the time when we send our notice to registered the member’s contact information.

(Provision 8) Cancellation of Membership

  1. 1.The member may cancel by the procedures prescribed by us.
  2.  
  3. 2.In the case of the death of the member or other reason that it is no longer possible to use the membership by the individual, we shall deem that member to have unsubscribed, and shall render the member ID and password invalid.
  4.  
  5. 3.The Player may not be allowed to withdraw within 3 months from the beginning of their project.
  6. Private information of member will be kept in the record within 180 days after the member withdraw.

However, if the member has record that they lost qualification of the member in the past or that they applied with the false information, we may reject our acceptance of the registration as member. Or we may cancel the registration in that case.

Utsunomiya
Miki

(Provision 9) Termination of Member’s Qualification and Expulsion

We may temporarily suspend or terminate the member’s qualification and/or execute expulsion without any prior notice of demand for the following reasons:

  1. 1.In case the member uses member’s ID or password and uses this Service in the wrong way,
  2. In case the member does not effect payment of fund by the set time,
  3.  
  4. 2.In case the member faces attachment, sequestration, compulsory execution, bankruptcy, civil rehabilitation, corporate reorganization and special liquidation, Or in case the members by themselves allege bankruptcy, civil rehabilitation, corporate reorganization and special liquidation,
  5.  
  6. 3.In case the member make mistyping of the password more times than we set,
  7. In case the member does not use this Service during more period than we set,
  8.  
  9. 4.In case we judge that the member violates any of above-mentioned rules and conducts, or we doubt so.
  10. In case we judge that the member is improper for our Service

(Provision 10) Change and Abolishment of this Service

We may change or abolish the part or all of the contents of this Service without any prior notice. We shall not be responsible at all for any damage or disadvantage caused on the members due to the change and abolishment of this Service except in case we have negligence or design.

Utsunomiya
Miki

(Provision 11) Discontinuation of this Service

We may discontinue a part or all of this Service due to following reason. We shall not be responsible at all for any damage or disadvantage caused to the member as a result of such suspensions when:

  1. 1.In case we execute maintenance or clearance on the equipment or facility for this Service,
  2.  
  3. 2.In case we have difficulty to provide this Service because of fire, blackout, earthquake, act of nature or system trouble,
  4.  
  5. 3.In case we judge the situation compelling,

(Provision 12) Prohibited Matters

  1. 1.The members are prohibited in using this service to do any of following action or to do doubtful action to violate these rules.
  2.  
  1. 1.Any act which is illegal and related to illegal act or against public order and morality.
  2.  
  3. 2.Any actionable fraud or intimidation to us, other audience and any third party.
  4.  
  5. 3.Any act to infringe or invade the intellectual property right, right of publicity, privacy right, privilege, trust/faith and any other right of us, any audience and any third party.
  6.  
  7. 4.To send any information to audiences through this Service which corresponds to following items or which we judge corresponds.
  1. i.Any information/data which includes computer virus and/or any other baleful computer programs.
  2. ii.Any information/data which requires diffusion of information to the third party such as chain-mail.
  3. iii.Any information which includes expression to prejudice distinction or credence of us, audience of this service and/or any other third party
  4. v.Any information which includes too much violent, cruel and salacious expression.
  5. vii.Information/expression which cultivates discrimination.
  6. Information/expression which cultivates suicide or fictitious injury.
  7. viii.Information/expression which cultivates improper usage of drug.
  8. viii.Information which includes antisocial expression.
  9. ix.Information which includes expression which gives people discomfort feeling.
  10.  
  11. 1.Any act which provides the network or system of this
  12.  
  13. 2.Service with too heavy load.
  14.  
  15. 3.Any act which is regarded as risk to make an interception to our operation of our Service.
  16.  
  17. 4.Any act to access or try to access illegally to our network.
  18.  
  19. 5.Any act to spoof as third person.
  20.  
  21. 6.Any act which includes advertisement, commercial message, soliciting, or business action without prior permission given by us.
  22. Any act to collect any information about audience of this website.
  23.  
  24. 7.Any act to exert detriment, damage, or discomfort to us and website      audience.
  25. 8.Any act to provide any antisocial forces with any advantage or benefit.
  26.  
  27. 9.Any act which we judge as improper.
  28.  
  29. 1.We may make a claim for any damage (including reasonable legal fees) caused by any violation of this Terms of Use done by the members.
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<Chapter 3> CONDITIONS OF USE FOR PLAYERS AND SUPPORTERS:

Miki

(Provision 13) Posting of Project and Support

  1. 1.The Player may sell members “Thank You” which we and/or player commit (I.E. intangible services or behavior and/or tangible return which are affordable within funds by the Patrons, hereinafter referred to as “Thank You”).

And, the member is able to be the Patron of project and support execution of the project by purchasing the right to obtain “Thank You”.

  1. 1.The Player shall start activity for the project duly after the payment of supported funds is settled, in case the funded money reaches to the targeted amount during a fixed application period (I.E. validated date for targeted fund amount fixed by the Player depending on each project, hereinafter referred to as the “Application Period”). And, in such case, the project shall be regarded established at the end of the Application Period(hereinafter referred to as the “Goal”).
  2.  
  3. 2.In case the funded money does not reach to the targeted amount during the the Application Period, the project shall be regarded ended in failure (hereinafter referred to as the “No Goal”).  Any funded money shall not be settled. And, the Patrons will not have right to obtain “Thank You”. We will not effect any payment to the Player in such case.
  4.  
  5. 3.The Player is recommended to try best in PR of their project and sharing the status of progress to the Patrons, the Supporters and the members.
  6.  
  7. 4.Even if the funded money reaches to the targeted amount before the Application Period comes, the Player may not terminate the posting of the project and have to continue to accept the Patron until the final date of the Application Period.
  8.  
  9. 5.The project posted on this Service shall not be basically allowed to be discontinued or changed in the Application Period, targeted fund amount or the contents or amount of  “Thank You” except our judgment.

However, if we or the Player judge and approve in writing that the project is obliged to be given up for the unavoidable reason, this principle shall not be enforced to apply.

  1. 1.The Player shall fix and announce the time to provide the patrons with “Thank You”. We shall not be in a position to take any responsibility for the agreement and/or consent between the Player and the Patron. Any trouble or dispute caused by delivery of “Thank You”  should be resolved between the Player and the Patron. And, the Patron shall be required to support by funding duly with understanding that there is the maximum limitation of the numbers of “Thank You” to be distributed.
  2.  
  3. 2.The Patron will obtain the right to receive “Thank You”  from the Player at the time the funded money is settled duly after the supported project reaches to the Goal.
  4.  
  5. 3.The Player shall fulfill their obligation to provide the Patrons with “Thank You” within 180 days after the end of the Application Period of the project if it reaches to the Goal.
  6.  
  7. 4.The Patron and the Supporter shall be considered that they fully understand and agree with the detailed conditions of the project (indicated on the website by each project).
  8.  
  9. 5.We may indicate the list of the Patrons without any delay at the time the Patron completes application procedure of the support (instead of payment settlement).
  10.  
  11. 6.The Patron may not request or expect anything but “Thank You” committed by the Player in advance.
  12.  
  13. 7.We may reject the posting of the project in case we judge it as a kind of donation or charity.
  14.  
  15. 8.It shall be understood that there is possibility for the Player and/or the Patron to have obligation of tax payment in connection with using this Service. Since we recuse any tax levy, the Player and/or the Patron is supposed to have any responsibility to check any possibility of tax levy and/or its amount/rate by their own action such as consulting with the specialists.

(Provision 14) Qualification as Player

The player who is able to solicit for the Patrons through this Service must be majority having physical address either in Japan or in the United States, telephone number, bank account under its own name, public ID (driver’s license, passport or health insurance card) and/or student ID card.

Utsunomiya
Miki

(Provision 15) Method of Positing Project

The Patron and/or the Player who would like to solicit for patron is required to submit their proposal duly in accordance with the method designated by us. Please kindly refer to this guidance, which is for the Player who wishes to propose the project.

(Provision 16) Prohibited Matters in Posting of Projects

  1. 1.The Player shall be prohibited to post the project with which they have nothing to do and/or for which they don’t have official permission from the right holders.
  2.  
  3. 2.The registered member shall be prohibited to reprint and/or disclose at internet or any other media without the Patrons’ permission any information regarding the Patrons except their user names even if the member comes to be able to know the address, e-mail address or record of support of the Patrons.
  4.  
  5. 3.The project and “Thank You” which include following contents shall be prohibited to be posted;
  1. 1.That which violates laws and legulations
  2.  
  3. 2.Literary work without copyright or licensing or anything without valid right of use
  4.  
  5. 3.Firearm/weapon, cigarette, drug medicine/medical supply, cosmetic product, food item, animate beings such as animal and insect, anything which does not comply with the license or qualification required by law for the sales and any illegal products.
  6.  
  7. 4.The products such as gunpowder or firework with high risk of danger, the products which have possibility to be used for crime (air gun, stun gun, lachrymatory gas spray etc.), edged tool prohibited by law to carry, expensive goods which call for luck or amulet, financial commodity (stock or dividend etc.) and goods with high liquidity such as common gift certificate or coupon.
  8.  
  9. 5.Any others which we judge as irrelevance.
Utsunomiya
Miki

(Provision 17) Curators

  1. 1.We may have option to appoint curators (person who supports to materialize the project by coordinating such as expounding or writing up the player’s idea/concept or actualization process, hereinafter referred to as the “Curator(s)”) duly based on mutual consultation if we judge it necessary.
  2.  
  3. 2.The Player may not claim any obligation to us and/or the Curators even if the project fails to succeed or gets cancelled and must take full responsibility to materialize the project and its contents, while the Curators shall just support for the Player to materialize the project.

(Provision 18) Intellectual Property Rights

  1. 1.The project posted by the Player shall be free from any violation to any third person’s rights including copyright, patent, design right or trademark right. And, the Player shall stipulate that the project does not violate any third person’s rights.
  2.  
  3. 2.The registered members may reprint on internet URL of the project, web widget, the title of the project, the text and graphics on “Project Posting Sheet” and player’s profile. However, reprinting those to paper media is subject to prior approval by us and the Player.
  4.  
  5. 3.The members except the Player shall not have any rights regarding the project including copyright and merchandising right regardless of the fact that they assist it as the Patron or the Supporter or not. However, as an exceptional case, the members will have right to receive “Thank You” in case they assist the project as the Patron.
  6.  
  7. 4.The members are considered that they join this Service duly with full understanding on the risk to lose the novelty required by the law for the patent and design right at the same time when the project is disclosed in public on this service. We shall not take any responsibility to any loss and detriment caused on the members due to the lost of the novelty regarding the project.
Utsunomiya
Miki

(Provision 19) Cancellation, Return, Refund

  1. 1.The Patrons shall not be allowed to cancel their payment and request for return, refund, or otherwise payment once after they effect payment of fund.
  2.  
  3. 2.The Players shall be not allowed to ask for withdrawal or amendment of their project enacted with the Patrons. However, only if the Player requests for the withdrawal of the project because of the unavoidable reason, we may accept their request depending on full explanation of the background to us and the Patrons. In such case, the Player will have to return full amount of funded money to the Patrons through posting of the project.
  4.  
  5. 3.We shall not take any obligation to any trouble, request for return of funded money or ship back of “Thank You” and any other disputes caused during processing of the project but apart from our Service, while all those troubles and disputes are supposed to be resolved only between the Patron or the Supporters and the Player.
  6.  
  7. 4.We shall not take any obligation to return of full or part of collected funds regardless of any reasons and before or after the start of the project even if the Player becomes unable to continue the project or fulfill their commitment on “Thank You” including any delay.

(Provision 20) Payment of Funds to Player

  1. 1.In case the project reaches to collect the targeted amount of funds duly within the set deadline, we will effect payment to the Players the collected funds amount duly after deducting our designated commission and unsettled amount for any reasons done by the Patrons to our bank account.
  2.  
  3. 2.In case the payment of funds can not be settled properly due to any reasons, the Patrons will not obtain the right to receive “Thank You” until the payment gets effective completely. In addition, if the payment of fund is not settled properly within 30 days from the set deadline of the project, the support by the Patrons shall be automatically cancelled regardless of the amount.
  4.  
  5. 3.In case the project reaches to collect the targeted amount of funds, the detailed statement of the payment of funds will be informed the Player through the registered e-mail address. Upon our receipt of the Player’s confirmation to the detailed statement, the payment of funds will be remitted to the Player’s bank account. However, the payment can not be guaranteed if we don’t receive confirmation to the detailed of statement from the Player even after 180 days from date of issue.
Utsunomiya
Miki

(Provision 21) Regarding our Commission

  1. 1.Our commission shall be 15% of the total amount of funds collected through the listing of the project, while the remaining 85% is to be paid to the Player. The charge for the payment settlement shall be born by our account.
  2.  
  3. 2.In case the Player requires us to provide with our service of study for developing products, please be duly noted in advance that our commission will be total 20% (15% as the regular fee plus additional 5%)..

(Provision 22) Regarding Operation of Service

  1. 1.We shall not take any responsibility for any damage and/or loss of the members caused by incomplete of payment of the funds as the Patron due to any trouble including convergence of internet access.
  2.  
  3. 2.Members are supposed to use this service duly based on understanding that

the criterion time of this Service is the one controlled by our saver and system, which might be irreconcilable with the real local time of members and/or the indicated time on this Service.

  1. 1.We shall not take any responsibility for any damage and/or loss of the Players caused by the fact that the Player can not start the project since they fail to collect the targeted amount of funds within the deadline.
  2.  
  3. 2.We shall not take any responsibility for any damage and/or loss of the Patrons caused by the delay of the indication the fact of support as the Patron and/or the delay of delivery of “Thank You” in case those delays happen due to the reasons belonging to the Patrons’ obligations (such as mistakes on registration of e-mail address or physical address).
Utsunomiya
Miki

(Provision 23) Limitation of our Liabilities

  1. 1.We shall make no warranty that the Service does not incur damage from harmful programs such as computer viruses when the member uses the Service.
  2.  
  3. 2.We shall also make no warranty that any equipment or software in use operates when the member uses the Service.
  4.  
  5. 3.We shall not be liability for any cost of correspondence fee charged to members through using this Service.
  6.  
  7. 4.Except in the case of any intentional act or gross negligence by us, we shall not compensate the member for any damage arising from loss of profit, consequential damage, special damage, incidental damage, attorney's fees, or any other damage not stipulated in this Article.
  8.  
  9. 5.We shall not assume any liability for the case that the Player’s project are amended or canceled after the project reaches to the targeted goal.
  10.  
  11. 6.This Service is supposed to provide members with the communication field for the Players, the Patrons and the Supporters including merchandising “Thank You” between the Players and the Patrons. In any meaning, we are not supposed to be the party involved in the contractual relationship among each member. And, any troubles caused among the Players, the Patrons, the Supporters and any other members shall be resolved fully under their own responsibility and costs, while we shall not take any responsibility. In addition, all of members are supposed to understand that this Service is not to promote or induce donation or trade.
  12.  
  13. 7.We shall make no warranty whatsoever, whether expressed or implied, as to whether the products that may be redeemed for "Thank You" will be sent by the Player, or with respect to the content and substance, etc., of those products. Matters as to whether to purchase "Thank You", which "Thank You" to purchase, or whether to cancel a purchase should all be done at the responsibility of the Patron.
  14.  
  15. 8.Any project established shall not warrant that the project will succeed as planned. We shall not assume any responsibility for any products, etc., that may be redeemed with "Thank You" not sent to the Patron due to the failure of a project or other reason, or any content or substance, etc., of such products, etc., different from that indicated on the project page. We shall not otherwise be involved whatsoever with the fulfillment of transactions such as the erasing or termination of a sales contract, cancellations and refunds, and the sending of products, and the Patron and the Player have to try to resolve between themselves any problems arising out of or relating to the execution and performance of a sales agreement.
  16.  
  17. 9.The Service may not be used as a means of giving illegal profits to a person prohibited or restricted from accepting money or other profit from specific or unspecified individuals in accordance with laws and regulations, etc., or allowing such person to accept illegal profits. The member shall be responsible for complying with the applicable laws and regulations, and the Company shall assume no obligation or responsibility with respect to such compliance.

(Provision 24) Product Liability (PL)

The Player shall cover product liability insurance on their own responsibility to products in case they manufacture the product after the project on this Service reaches to the targeted goal, while we shall not take any product liability with respect to the manufactured products resulting from the project using the Service.

Utsunomiya

 

 

 

 

 

 

<Chapter 4> GENERAL CLAUSE:

Miki

(Provision 26) Handling of Personal Information

  1. 1.We shall treat properly and fairly the personal informations which we collect regarding any members, the Players, the Patrons, and the Supporters duly in accordance with the Privacy Policy which we stipulate separately. Members shall agree that we handle the personal information in accordance with the Privacy Policy.
  2.  
  3. 2.We may use and disclose the information and data which members provide us as statistical information which can’t identify individuals, while members are not supposed not to refute that.
  4.  
  5. 3.In case the personal informations of the Patrons (postal address, telephone number and e-mail address etc.) are necessary for the purpose of providing “Thank You” with them, those should be collected through the method of acquisition prescribed by the Service or the function for transmitting messages shall be used. The Players shall take their own responsibility to control those personal information received through above-mentioned transaction, while we shall not take any responsibility for any loss and damage caused by the trouble such as divulgation of those personal informations.

(Provision 26) ContactNotice

Inquiry regarding this Service and/or contact or notice from members to us and the notice of amendment of this Terms of Use and/or other communication or notice from us to members shall be done duly by the method which we appoint.

Utsunomiya
Miki

(Provision 27) Governing Law and Jurisdiction

  1. 1.Where the Company has provided Users with a translation of the Japanese language version of the Terms and Conditions (hereinafter referred to as "Japanese Version"), the Japanese Version will govern the relationship between Users and the Company. In the event of a contradiction between the Japanese Version and a translation, the provisions in the Japanese Version shall take precedence over any other translation.
  2. The governing law of this Terms of Use is the laws and regulations of Japan, in which UN Convention on Contracts for the International Sale of Goods (CISG) is not applicable even in case the trade of goods arises through this Service.
  3.  
  4. 2.In case the dispute regarding this Terms of Use arises, the exclusive agreed jurisdictional court for the first instance shall be the Tokyo District Court.

(Provision 28) Amendment of Terms of Use

We may amend this Terms of Use without prior notice or acknowledgement of users. The members who use this Service after the said amendment of Terms of Use are considered to have agreed the amendment.

Utsunomiya
Miki

(Provision 29) Partial Invalidity

  1. 1.Even if parts or all of provisions of this Terms of Use are judged as invalid or unable to implement based on the laws and regulations, such provisions shall be understood in accordance with our original intention as much as possible. And it shall be understood that other parts of such provision except invalid parts and all the other provisions are valid.
  2.  
  3. 2.Even if parts of provisions of this Terms of Use are judged as invalid or dissolved in connection with a certain member, this Terms of Use are valid for all the other members.

Article 30 Inquiries

With respect to the content displayed on the Service, if there is a problem such as an infringement of privacy or defamation, or if it is discovered that a person is breaching the matters of compliance for users associated with the use of the Service, or if otherwise there are inquiries to the Company about the Service, please use the following e-mail address. In addition, the Service is a Service made together with all users, so if there are any suggestions, etc, to improve the Service, please do not hesitate to contact us at the following email address.

Address : support@enmono.jp

Utsunomiya
Miki

(Provision 30) Declaration of ‘Waku Waku’!?

Members who have agreed this Terms of Use are supposed to declare to promise to do manufacturing products with ‘Waku Waku’ emotion. Let’s make the world cheerful!

Prescribed on May 28, 2013 enmono Co., Ltd.