Article 1. General Provisions
Those terms and conditions for Jet-Black Gallery (hereinafter referred to as “Terms and Conditions”) provide the conditions for the provision of the services made available by Jet-Black Gallery (hereinafter referred to as “Gallery”), the services are, including, however not limited to: sales of art, shipment and any other accompanied services (hereinafter referred to as “Services”). The Terms and Conditions also provide the rights and obligations arisen in the relationships between the Gallery and all users.
Please note: In order to use the Services, users are required to agree to the Terms and Conditions after reading the full text of the Terms and Conditions.
For the purposes of the Terms and Conditions, the terms shall have the meanings stipulated below:
Article 3. Application
The purposes of the Terms and Conditions are to establish the relationship of rights and obligations arising between the Gallery and the Users in relation to the conditions of provision and utilisation of the Services. The Terms and Conditions apply to any of the relationships arising in relation to utilisation of the Services.
２ The Users are not allowed to use the Services without an agreement to the Terms and Conditions.
The User who wishes to register for the Services, the User will become the Registered User by agreeing to comply with the Terms and Conditions and by entering an email address and a password on the page of “My account”.
２ The Registered User can enter and save the information relating to the Registered User. The information for the individual users are, including, however not limited to: a full name, address, phone number and an email address, and the information for the corporate body users are, including, however not limited to: a name, address, phone number, and an email address (hereinafter referred to as “Account Information”) on their account page that is displayed after logging in. Entering and saving the Account Information mentioned above are hereinafter referred to as “Addition of the Account Information”.
３ By carrying out the registration and the Addition of the Account Information provided in the previous two paragraphs, the Registered User can utilise the Services without entering the Account Information each time of the utilisation of the Service.
４ The Registered User can also carry out the Addition of the Account Information provided in the previous three paragraphs by clicking on the button of “Place order” or “Proceed to PayPal” after entering the Account Information when the Registered User is placing an order.
５ The Unregistered User can register and carry out the Addition of the Account Information at the same time, when the Unregistered User is placing an order, by setting up a password and then clicking on the button of “Place order” or “Proceed to PayPal” after entering the required information equivalent to the Account Information and ticking the box next to “Create an account ”.
Article 6. Changes to Registered Information
The Registered User is required to update their Account Information by logging into the member’s page as soon as possible in the cases that there have been any changes to their registered information.
２ The Gallery shall not be held liable in any way whatsoever for any delay or unavailability of the provision of the Services due to the failure of the Registered User to update their Account Information as provided in the previous paragraph.
Article 7. Management of Username and Password
The Registered User shall be liable for adequately managing and safekeeping their username and password relating to the Services, and must not lend, assign, sell, buy, or let a third party use the username and password.
２ The Registered User shall be liable for any damage arising from the inadequate management, misuse, or use by a third party of their username and password, or any other acts contrary to the previous paragraph. The Gallery shall not be held liable in any way whatsoever for any of such damage.
Article 8. Subscription and Unsubscription to Mail Magazines
The User who wishes to subscribe for receiving the mail magazines published by the Gallery, the User can subscribe to them when the User utilises the Services by clicking on the button of “Mail Magazine Subscription” after entering a full name and an email address into the designated part or on the page of the Gallery’s mail magazine subscription.
２ The User who wishes to unsubscribe from receiving the mail magazines, the unsubscription can be completed by entering the email address used for the subscription into the page that will be displayed when the link at the bottom of the mail magazine is clicked and clicking on the button of “Unsubscribe”.
Article 9. Price and Payment Method
The User shall make a payment of consideration for the utilisation of the Services as per the price displayed on the Gallery Website and the shipping fees provided in the Notation based on the Specified Commercial Transaction Act, and the User shall make the payment as per the payment method specified by the Gallery. The User is liable for any customs duties, import taxes, and customs charges, arising from shipment outside Japan.
２ For returns, the details are provided in paragraph eleven of the Notation based on the Specified Commercial Transaction Act separately provided by the Gallery.
The User shall be prohibited from taking part in any acts that the Gallery determines falling under the following:
The Gallery may suspend or interrupt the provision of whole or part of the Services without prior notice to the Users in the cases under the following circumstances:
Article 12. Ownership of Rights
The ownership of all of the Intellectual Property Rights related to the Gallery Website or the Services belongs to the Gallery. Utilisation of the Services in accordance with the Terms and Conditions does not mean authorising a use of the Intellectual Property Rights of the Gallery related to the Gallery Website or the Services.
２ The User who posts content through the Gallery Website shall express and guarantee, to the Gallery, that the User has the legal right of posting or sending of the Posted Data and the Posted Data does not infringe the rights of a third party.
3 Any of the copyrights relating to the artwork handled by the Gallery belongs to its author of the artwork. The User who purchased an artwork will obtain only the possession right of the artwork and the User is not allowed the utilisation, including, however not limited to, reproduction of the artwork without an authorisation. Obtaining the authorisation from the author of the artwork is necessary, in case of utilising the copyright relating to the artwork, the utilisation, including, however not limited to, a reproduction of the artwork purchased, or a transfer of the reproduced artwork to a third party.
4 In relation to the Posted Data, the User who posts content through the Gallery Website shall provide the authorisation for the sublicensable rights of non-exclusive utilisation without a fee to the Gallery and the other Users. The above-mentioned rights include, however not limited to: a reproduction right, public transmission right, transfer right, rental right, translation right, and an adaptation right. The User shall also provide the above-mentioned authorisation to the derivative work relating to the Posted Data.
5 The User who posts content through the Gallery Website shall provide consent for not exercising the moral rights of an author to the Gallery, the other Users, a person who has succeeded the right from the Gallery or the other Users, or a person who is authorised the right from the Gallery or the other Users.
６ Paragraph four and paragraph five above do not apply in the circumstances when the User posted contents with a clear expression, relating to the specific Posted Data, that the copyright relating the Posted Data is reserved to the User who posted or the Posted Data is the work of the User who posted. However, this does not guarantee absolutely any prevention of utilisation, including, however not limited to, an unauthorised use by a third party including other Users other than the Gallery.
The Gallery shall take, to the User concerned, one or all of the measures without a prior notice to the User, including: deleting of the Posted Data, temporally suspension of the use of the Services, cancellation of the registration as the Registered User, or cancellation of the individual sale and purchase contract relating to the utilisation of the Services, where the User is in the following circumstances:
Article 14. Cancellation of Registration by the User
The Registered User can delete their user account by logging into the member’s page and clicking on the button of “Delete account”.
２ Upon the cancellation of the registration, in case of the User owes any payment obligations to the Gallery, all payment obligations that the User owes to the Gallery become due and the Gallery demands the User to pay immediately all of the payment obligations.
３ The Account Information after the cancellation of the registration is handled in accordance with article seventeen of the Terms and Conditions.
４ The subscription to the mail magazines is not cancelled automatically upon the deletion of an account. The User wishes to unsubscribe to the mail magazines is required to take the processes stated in article eight, paragraph two of the Terms and Conditions. The User shall not object to receiving the mail magazines until the completion of the procedures of unsubscription.
Article 15. Amendment to Contents and Termination of the Services
The Gallery shall, at its discretion, amend contents of the Services or terminate the provision of the Services. Upon the termination of the provision of the Services, the Gallery shall notify the User in advance or publish through the Gallery Website.
Article 16 Denial and Disclaimer of Guarantee
The Gallery provides no guarantee for: the Services conform with the specific purpose of the User; the Services have better function, product value, accuracy, and usefulness than the Services usually shall have; and the use of the Services by the User conforms with the laws and regulations that the User is obliged to conform with.
２ In the event that the Gallery takes actions stated in article eleven, article thirteen and article fifteen, the Gallery shall not be held liable for compensation in any way whatsoever for: a deletion or a disappearance of a message or information sent by the User to the Services; a disappearance of registered data due to the use of the Services; a breakdown or damage to equipment due to the use of the Services; or any other damages received by the User relating to the Services (hereinafter referred to as “User‘s Damage”).
３ Although in the circumstances that the Gallery is liable for some reason, in relation to the User’s Damage, the Gallery shall not be held liable for compensation more than the amount of money the User paid to the Gallery in the past twelve months and a scope of the compensation shall be limited to ordinary and direct damages. The Gallery shall not be held liable for compensation for damages, including, however not limited to: a damage due to special circumstances, indirect damage, future damage, and a lost profits damage.
４ In relation to the Services and the Gallery Website, the Gallery shall not be held liable in any way whatsoever for acts, including, however not limited to: trade, contact, and a dispute that is unrelated to the Gallery, and arising between the Users or the User and a third party.
Article 17 Confidentiality
Unless the Gallery has provided consent in writing beforehand to the User, the User shall not disclose or inform to a third pay, or make an opportunity for a third party to have a knowledge of any unpublished information in relation to the Services that the Gallery disclosed to the User with a request to handle it confidentially. The unpublished information, includes, however not limited to: the information relating to an artwork before it is available for sale, or after cessation of sale.
２ The Gallery shall delete all of the Account Information in relation to the User who deleted their account that has been saved and stored physically or electronically by the Gallery.
３ The previous two paragraphs do not apply to the User who falls under article five, article thirteen, paragraph two, or article fourteen, paragraph two of the Terms and Conditions.
Article 18. Handling of the Account Information
２ The Gallery shall use, or publically announce the information and data provided by the User to the Gallery, in the form of statistical information that does not identify any specific individuals.
Article 19. Amendment to the Terms and Conditions
The Gallery shall amend the Terms and Conditions. Upon the amendment, the Gallery shall notify the User of change or publish through the Gallery Website. In the case that the User utilised the Services or did not cancel the registration within the time, set by the Gallery, after the notification or publication of the amendment, it is deemed that the User has agreed to the amendment of the Terms and Conditions.
Article 20. Contact and Notification
For any enquiries relating to the Services, or any other contacts or notifications to the Gallery, those can be made through “Contact” on the Gallery Website or by contacting the Gallery through the details in article 24 of the Terms and Conditions.
２ Any notification or publication relating to an amendment of the Terms and Conditions, or any contact or notification to the User from Gallery will be made through the methods decided by the Gallery at its discretion.
Article 21. Assignment of Contractual Status Relating to the Service Contract
Without a written consent from the Gallery, the User shall not assign, transfer, use as collateral, and dispose in other ways to a third party of their contractual status in relation to the Service Contract, or their rights and obligations based on the Terms and Conditions.
２ In case of the assignment of the business in relation to the Services to a third party, upon the assignment, the Gallery shall assign the contractual status of the Service Contracts, the rights and obligations based on the Terms and Conditions, the registered information of the Registered User, and the other customer information to the third party who has been assigned the business. It is deemed that the Registered Users agree to this assignment as per this paragraph in advance. The assignment of the business provided in this paragraph includes a company split and any other cases of transfers of business.
Article 22. Severability
If any article or paragraph, or part of the article or paragraph in the Terms and Conditions is found to be invalid or unenforceable due to the Consumer Contract Act or any other laws and regulations, the remaining parts of the Terms and Conditions shall remain enforceable.
Article 23. Governing Law and Court of Jurisdiction
The Terms and Conditions and the Service Contract are governed by the laws of Japan. The Gallery and the User shall agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is excluded, although in the event that a sale and purchase of an item arisen in relation to the Services.
２ The district court having jurisdiction over the location of the Gallery shall have exclusive jurisdiction by consent of the first instance with respect to any disputes arising from or related to the Terms and Conditions or the Service Contract.
Article 24. Contact Details
For any enquiries or feedback relating to the handling of the Account Information of the Gallery or any other matters, please contact the Gallery through the following contact details:
Contact person: Daisuke Shirai (Jet-Black Gallery)
Phone number: +815-3374-2040
Email address: firstname.lastname@example.org
Mailing address: 32-3, Noji, Kozakai-cho, Toyokawa-shi, Aichi Ken, Japan
Date of Enactment: 30 October 2020