In the event that the content of this page conflicts with the Japanese Terms of Service, the Japanese Terms of Service shall take precedence.
Article 1 (Application)
- The individual terms and conditions separately stipulated by ADF by posting on the Service or by other means and the additional terms and conditions notified by ADF to the User from time to time shall constitute a part of these Terms. In the event that these Terms differ from the Individual Terms and Additional Terms, the Individual Terms and Additional Terms shall take precedence.
Article 2 (Definition of Terms)
The meaning of the terms used in this Agreement shall be as set forth in the following items.
- "User" means any person or entity that accesses or uses the ADF services in any way, regardless of whether or not they have registered for an account with the service.
- "Exhibitor" means a corporation or an individual who signs a contract with ADF and posts information about works or events on the Service.
- "Content" means refers to information, etc. about the works sold or services provided by the Seller.
Article 3 (User Information)
- Users may use the Service to purchase art of works or services ("Art of works").
- If a user wishes to purchase a art of work, the user shall apply in accordance with the method specified by ADF.
- The user shall submit true and accurate data on the application. In the event that there is an error in the contents of the application sent to ADF or the seller through the online application, ADF or the seller shall not be able to respond to any request, except in cases attributable to ADF or the seller.
- Users shall promptly change their address, name, telephone number, or any other registered information on this site if there are any changes.
Article 4 (Restrictions on Applications)
If you are a minor, please obtain the consent of your legal representative and apply for the work in the name of your legal representative. Other users with limited capacity to act should obtain the necessary consent.
Article 5 (Handling of Personal Information)
Article 6 (Formation of Sales Contract)
- In the event that ADF and the Seller accept the application as described in Article 3, ADF shall send an e-mail to the e-mail address that the User has entered or applied for, and the User shall confirm such acceptance. Upon receipt of the e-mail, a sales contract with conditions precedent shall be concluded between the User and the Seller.
- Notwithstanding the provisions of the preceding paragraph, ADF may cancel or terminate the purchase agreement, suspend performance, or take other appropriate measures in the event of fraudulent or inappropriate acts in connection with the use of the Service, or in the event that the credit card company designated by the User notifies ADF of a credit default.
Article 7 (Access to and Use of Statistical Data, etc.)
ADF shall create statistical data, etc. by processing, aggregating, and analyzing the registration information and the usage history of the Service by the User in such a way that a specific individual cannot be identified, and may view and use (including, but not limited to, allowing a third party to view and use, providing as marketing materials, developing new functions of the Service, and conducting market research) such usage history or statistical data, etc. without any restriction, and the User agrees to this in advance.
Article 8 (Usage Fees and Payment Method)
- In consideration for the use of the Service, the User shall pay the usage fee separately determined by ADF and displayed on the Website in the manner designated by ADF.
- The exhibitor shall donate a 9.64% transaction fee to ADF as "the Art Fund".
- Sellers shall pay a 3.6% credit card transaction fee to Stripe.
Article 9 (Prohibited Matters)
Users shall not engage in any of the following acts when using the Service.
- Actions that violate laws and regulations or public order and morals
- Acts related to criminal activities
- Disrupting or interfering with the functioning of ADF's servers or network
- Actions that may interfere with the operation of ADF's services.
- Collecting or accumulating personal information about other users.
- Impersonating other users.
- Providing direct or indirect benefits to antisocial forces in connection with ADF services.
- Other actions that ADF deems inappropriate.
Article 10 (Suspension of Provision of the Service, etc.)
ADF reserves the right to suspend or discontinue the provision of all or part of the Service without prior notice to the User if it determines that any of the following reasons exist
- When performing maintenance, inspection, or updating of the computer system for this service
- When the provision of the Service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage or natural disaster.
- When the computer or communication line is stopped due to an accident.
- In any other cases where ADF deems it difficult to provide the Service.
ADF shall not be liable for any disadvantage or damage suffered by the User or any third party due to the suspension or interruption of the Service for any reason whatsoever.
Article 11 (Restrictions on Use)
ADF reserves the right to restrict the use of all or part of the Services to a User, or to terminate a User's registration as a User, without prior notice, in the following cases
- If you violate any of the provisions of this Agreement.
- When it is found that there is a false fact in the registered information.
- In any other cases where ADF deems the use of the Service to be inappropriate.
ADF shall not be liable for any damages incurred by the User as a result of any action taken by ADF in accordance with this Article.
Article 12 (Disclaimer)
- ADF shall not be liable for the performance of any such contract by the Seller. ADF shall not be responsible for the performance of such contract by the Seller.
- ADF shall not be responsible for any and all disputes that may arise between the User and the Seller or between Users. In the unlikely event that a dispute arises between the User and the Seller or between Users, and ADF has no choice but to respond to such dispute directly, the User shall compensate ADF for any and all damages incurred.
- User agrees that ADF shall not be liable for any damages arising out of or in connection with (i) User's use or inability to use the Service, (ii) unauthorized access or unauthorized modification of the Service, (iii) acts by other Users on the Service, (iv) acts of impersonation by a third party, or (v) any other matters related to the Service, except in cases where ADF is willfully or grossly negligent. Translated with www.DeepL.com/Translator (free version)
- ADF does not guarantee the truthfulness, currency, certainty, or usefulness of the information or advice provided by ADF, the Seller, or the User, and ADF shall not be liable for any damages incurred by the User in connection with the information or advice provided by ADF, the Seller, or the User.
- ADF does not warrant that the Service is free from defects, and in the event that the Service is found to be defective, ADF shall endeavor to correct the defect, but shall not be liable for any damages incurred by the User due to defects in the Service.
- In the event that ADF is held liable for damages due to willful misconduct or gross negligence, ADF shall be held liable for damages up to the amount of damages directly and actually suffered by the user in question and the equivalent amount related to the damages, and shall not be held liable for damages resulting from special circumstances.
- Prices and contents may differ from those offered by the same seller on other sites, and ADF does not guarantee that the terms and conditions of transactions listed on the Service are the most favorable to users.
- We shall not be liable for any damages caused by allowing minors or third parties to use the user's computer or other devices.
Article 13 (Change of Service Contents, etc.)
ADF reserves the right to change the contents of the Service or discontinue the Service without notice to the User, and shall not be liable for any damages incurred by the User as a result of such changes.
ADF reserves the right to change this Agreement at any time without notice to you if it deems it necessary.
Article 15 (Notification or Communication)
- Any notice or communication between the User and ADF shall be made in a manner determined by ADF.
- ADF shall notify Users of necessary matters from time to time by posting notices on the Service, sending e-mails, or by any other means that ADF deems appropriate. The User shall be deemed to have consented to receive notifications from ADF via e-mail, etc. from the time the User registers for the Service. ADF may send e-mails to the e-mail address that the User has registered with Facebook or the Service for reasons such as part of the Service's functions or operational announcements. Such notices shall be effective from the time they are posted on the Service or sent by e-mail.
Article 16 (Prohibition of Assignment of Rights and Obligations)
Article 17 (Governing Law and Jurisdiction)
This Agreement shall be written in Japanese and shall be governed by the laws of Japan. Any dispute arising between you and ADF arising out of or in connection with the Service shall be subject to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court as the court of first instance.
Article 18 (Standard Time)
All applications by users, cancellation of applications, expiration dates, and other times related to the Service shall be based on Japan Standard Time.
Article 19 (Use from Overseas)
- ADF's services are based in Japan, and we make no representation or warranty that ADF's services are appropriate or available for use outside of Japan.
- If you are located outside of Japan, you agree that your access to and use of ADF's services is subject to compliance with national and state regulations and international laws and regulations.
- You shall not access or use the ADF Services if you are prohibited from receiving products or services originating in Japan by applicable local, state, national, or international law.
January 18, 2021