Terms of Service
General
ARTPASS services (the “Service" or “Services") offered by DO CREATION CO.LTD (“DO CREATION") are administrated using a platform provided by DO CREATION. These services are provided under the following Terms of Use Agreement ("Agreement") and pertinent individual provisions and guidelines(Agreement and pertinent individual provisions and guidelines are hereafter referred to as “Agreements")
1. Application of this Agreement
This Agreement is a legal agreement for all ARTPASS Services, between DO CREATION and Users. This Agreement is applied cumulatively together with the individual provisions and guidelines, and the individual provisions and guidelines constitute part of this Agreement. By using ARTPASS Services, Users indicate that they have agreed to all sections of these Agreements as well as the Privacy Policy.
2. Terminology
“User" or" Users" indicate an individual or group who use Service or Services. "Member" or "Members" indicates an individual or group who has consented to these Agreements and registered as a Member of the Service. “Nonmember" or “Nonmembers" indicate an individual or group who has consented to these Agreement and use the Service without membership registration. “Attendee" or “Attendees" indicate a Member, Members, a Nonmember, or Nonmembers that attend an event by using the services. “Organizer" or “Organizers" indicate an individual that organizes an event by using the Services.
"Event" or "Events" refer to an event created by the Organizer or Organizers registered with the Services. "Ticket" or "Tickets" refer to the QR Code or the printed one that enables entry and attendance to Events created by using the Services.
“Paid Ticket" or “Paid Tickets" refer to the paid tickets published by Organizers/Co-organizers by using the Service.
“Free Ticket" or “Free Tickets" refer to the free tickets published by Organizers/Co-organizers by using the Service.
"Transaction" or "Transactions" refer to the action of purchasing Paid Tickets or getting Free Tickets, and the use of Subscription Service by Members of the Service.
Individual Terms of Services refers to Individual Terms of Services for Attendees (hereinafter “TOS for Attendees"), Individual Terms of Service for Event Organizers/Co-organizers (hereinafter “TOS for Event Organizers/Co-organizers").
3. Usage Environment
The Member bears responsibility to properly prepare, set up, and operate the equipment, software, and Internet necessary to use the Services at their own cost. DO CREATION bears no responsibility for the Members' accessibility of the Site and the Services.
4. Membership and Member Registration
Individuals who have given their consent to this Agreement and have completed the prescribed membership application will be granted Membership after completion of the prescribed registration procedures. Member Registration should be carried out by the person applying to be a member him or herself. Registration by a representative will not be recognized. Persons younger than 20 years of age, adult wards, or persons with limited ability require parental or legal representative consent before Member Registration. When Members or Nonmembers with limited ability use the Service or Services, pretending to have legal representative consent, or pretending to be an adult, the legal action of Members or Nonmembers may not be annulled. Furthermore, those who have previously had their Membership revoked or have been judged unfit for Membership by DO CREATION may be refused.
5. Entering Member Information
When registering as a Member, please accurately enter all necessary information in the prescribed entry form.
6. Managing Username and Password
Members shall take responsibility for the management of their Username and Password, such as by changing them periodically to prevent them being found out by others. When the entered Username and Password are confirmed by the prescribed method to be the same as those registered, it is considered to have been logged in by the Member having logged, and even if it is actual us by someone other than the Member due to theft or unauthorized use, DO CREATION does not take responsibility for any resultant damages.
7. Changing Registered Information
When any of your registered information changes, please update it as soon as possible .DO CREATION will not be held responsible for any damages resulting from out of date information. Also, even when your information has been updated, Transactions processed before the update will be carried out based on the old information.
8. Canceling Membership
When a Member wishes to cancel their Membership, it is obliged to for the person to apply promptly for cancellation with the exception of a Member being an Organizer who has a published and un-finished event. Once the prescribed Membership cancellation procedures have been completed, Membership will be considered cancelled.
9. Prohibitions
Users shall not engage in the following acts in connection with the usage of this Service.
Violating the law, Guideline, these Agreements, warnings from DO CREATION or this Service, or any other agreement. Violating the rights of or degrading Users or other third parties. Actions that may negatively affect the physical and mental well-being of minors. Distributing or submitting harmful computer programs or e-mails. Lending or giving a username and password to a third party or sharing a username and password with a third party. Unauthorized reproduction, transmission or distribution of all or part of provided information to third parties. Using the Service for activities related to elections for public office at any time. Actions that may violate intellectual property rights such as copyrights, trademark rights of DO CREATION or other third parties. In addition to the one prescribed by the preceding paragraph, actions that may violate the property rights, privacy, portrait rights, or any other rights of DO CREATION or other third parties. Action that may violate social ethics, public order, and standards of decency. Intentionally registering false information such as name, address, phone number, or email address of themselves or another person. Posting false or inaccurate information regarding the event. Posting questions or complaints regarding the accuracy of the feature or information of the Services. Using the Services for a purpose unintended by DO CREATION. Creating a nuisance to DO CREATION or other third parties. Actions that may lead to or has the risk of leading to crimes. Soliciting customers to transactions other than the Services by indicating preferential treatment or by any other method. Other instances otherwise deemed inappropriate by DO CREATION.
10. DO CREATION's Liability Limitations
Users shall not engage in the following acts in connection with the usage of this Service :
DO CREATION bears no responsibility for system down time, slowing or data losses due to damages to telecommunication lines or computers, damages resulting from unauthorized access to data, or any other damages suffered by Users related to use of this Service. Provided, however, that this shall not apply in the case where damage was made on purpose or results from a critical fault of DO CREATION. DO CREATION does not guarantee that e-mail contents sent from DO CREATION's web page, server or domain are free of harmful viruses or any other programs that harm the Users' computer or devices. DO CREATION bears no responsibility for the damages suffered by Users that can be attributed to email contents which include such harmful programs. DO CREATION may from time to time provide information or advice to Users, but DO CREATION takes no responsibility for said information or advice. DOCREATION bears no responsibility for any damages resulting from a User violating this Agreement. DO CREATION bears no responsibility for the contents of Events shared by this Service. DO CREATION bears no responsibility for the usability, compatibility, integrity, accuracy, safety, legality, concurrence of any information provided through this Service including emails related to the Service and external sites linked from the Site which is managed by third parties. DO CREATION does not guarantee that no bug, error, failure or any other trouble will occur for the Services. DO CREATION may bear no responsibility for any damages resulting from the usage of the Services or inability to use the Services, regardless of the damages being direct or indirect, monetary or mental. Provided, however, that this shall not apply in the case where damage was made on purpose or results from a critical fault of DO CREATION. Any trouble or dispute between the Users or between the User and another third party regarding the Service must be resolved between them, and DO CREATION bears no responsibility.
11. Handling of Members・Nonmembers Information
Member・Nonmember information will be managed by DO CREATION in accordance with DO CREATION Privacy Policy. DO CREATION will consider Member・Nonmember information as something that can be used by DO CREATIION for the purposes of providing Service to Member・Nonmembers, improving the quality of the Service, promoting the Service (including direct e-mails), and to ensure the well-rounded and smooth operation of the Service. This applies to all Member・ Nonmembers information provided at the time of Member Registration.
12. Suspension of Use or Revocation of Membership for Specific Members
If any of the following are judged applicable to a specific Member, DO CREATION may without warning suspend service, change the Member's username and password, or revoke the Membership of the applicable Member. DO CREATION does not bear responsibility for any resultant damages. Actions that violate the law or these Agreements. Inappropriate or unauthorized use of the service by a Member・ Nonmember. Issues with security and protection such as multiple incorrect password entries. Using another Member's username and password. Publishing or broadcasting another Member's content without prior permission. When otherwise deemed appropriate by DO CREATION.
13. Suspension, Alteration or Abolishment of the Service
DO CREATION may suspend, alter or abolish part of or the entirety of the Service at their discretion. DO CREATION does not bear any responsibility for any resultant damages.
14. Re-entrustment
DO CREATION shall re-entrust part of or the entirety of the Services specified in these Agreements to third parties.
15. Handling of Personal information
Personal Information pertaining to clients along the guidelines provided in a separate Privacy Policy shall be handled by DO CREATION, and Members or Nonmembers that use the Service shall be deemed to have agreed to the terms of the Privacy Policy.
Purpose of Using Personal Information Members' or Nonmembers' information is permitted to be used for DO CREATION.
Arbitrariness of using Personal Information Provision of Personal Information is not mandatory or required, however, in the event that the collected Personal Information is not sufficient, Purpose of the use may not be achieved.
Outsourcing of Personal Information DO CREATION may entrust part of or entire business to a relevant outsourcing company and entrust handling of Personal Information in order to achieve the purpose of the use to the extent required. In this case a third party which meets the standards of DO CREATION shall be selected and is required to handle Personal Information adequately and appropriately by DO CEEATION through making a contract, so that the Personal Information shall not be leaked, lost or misused.
Management of Personal Information DO CREATION complies with Privacy Policy and manages Personal Information collected properly, so that there is neither unauthorized use nor unauthorized access.
Return of Personal Information Collected Personal Information shall not be returned. Personal Information shall be deleted, discarded and disposed at our own risk.
Provision of Personal Information to a Third Party DO CREATION shall not provide Personal Information other than what is required by law to a third party without the consent of the person, except we are formally requested to disclose Personal Information by public organizations such as courts of justice and police.
Disclosure of Personal Information・Inquiries
On using Services, in accordance with DO CREATION Privacy Policy, collected Personal Information shall be disclosed, notified the purpose of its use, added, corrected, deleted, stopped using and providing, according to the request of the person.
16. Advertising placement
DO CREATION shall display advertisements deemed appropriate on this site. DO CREATION bears no responsibility for any damages to Members or third parties resulting from advertisements displayed on the site.
17. Revisions to these Agreements
DO CREATION shall revise these Agreements at its discretion and provide additional agreements to supplement these Agreements. Revisions or supplements become effective when posted to the prescribed web site by DO CREATION. In such cases Users shall follow the revised or supplemented Agreements.
For any disputes arising out of or in connection with Events conducted in o
18. Governing Laws and Jurisdiction
For any disputes arising out of or in connection with Events conducted in Japan, the laws of Japan shall govern these Agreements, and any controversy or claim resulting out of or relating to these Agreements shall be settled in the District Court of Tokyo.
Individual Terms of Service for Attendees
1. Usage of Services
Individual Terms of Services for Attendees (“TOS for Attendees") is ancillary to the Agreement provided by DO CREATION and is applicable to all matters relating to the usage and operation of the Services between Member or Nonmember and DO CREATION when the Member or Nonmember orders the Free Ticket or purchases a Paid Ticket. Member or Nonmember shall be deemed to have reviewed and agreed to the TOS for Attendees when using the Services. By ordering a Free Ticket or purchasing a Paid Ticket, Members or Nonmembers indicate that they have agreed to all sections of this TOS for Attendees. Unless otherwise defined, definitions of the terms used in this TOS for Attendees are the same as those defined in this Agreement.
DO CREATION reserves the right to modify the TOS for Attendees without the consent of users. Unless otherwise specified, post-modification TOS for Attendees will be effective the moment it is displayed on the Site. In case the user uses the Services after the modification of TOS for Attendees becomes effective, users are deemed to have agreed to all sections of the modified TOS for Attendees.
2. Pricing of Tickets
By using this Service, Event Organizers/Co-organizers create Events and Tickets related to such Events and delegate the sales of the Tickets to DO CREATION. The number and price of Tickets on sale are determined by the Event Organizer. Pricing of Paid Tickets displayed on this Site are tax included.
3. Ticket Transaction
Users shall purchase a ticket by a method specified by DO CREATION, check and agree to the Agreement and Privacy Policy provided by DO CREATION in advance. The transaction is considered complete when a ticket order confirmation email is sent by DO CREATION, and in case of a Paid Ticket, sales agreement is made upon completion of the transaction between the Organizer and those who made the purchase. Ticket is displayed digitally in the smartphone applications for Attendees provided by DO CREATION or in the designated page on the Site. DO CREATION bears no responsibility for the delay of ticket receipt by the Member, Nonmember or any resultant damage caused by reasons attributable to the Member or Nonmember including incorrect information provided in the order process.
4. Liabilities and Refunding upon Event Cancellation
DO CREATION bears no responsibility including notification if an Event is cancelled due to circumstances related to the Organizer/Co-organizer. Provided, however, the purchase price of Tickets is refunded when the Organizer cancels the Event in a method specified by DO CREATION.
5. Prohibition on Reselling Tickets
Purchased tickets shall not be resold or provided to a third party for reselling purposes. In case that a ticket turned out to be resold in violation of Terms, the ticket shall be nullified and the ticket refund and admission to the Event shall not be allowed. DO CREATION also shall cancel the account at its discretion. DO CREATION does not bear any responsibility for the tickets available anywhere, except the Service, such as other websites or services, ticketing shops and scalpers.
6. Distribution of coupon for Attendees
DO CREATION may distribute and post coupons and advertisements (“Attendee Coupon" or “Attendee Coupons") to the Attendees which are provided by DO CREATION or other third- party companies and shops. Provisions below are applied to the Attendee Coupons:
Attendee Coupons are distributed and posted in the emails and smart phone application for Attendees provided by DO CREATION in the Site. Attendee Coupons are viewed and used at the discretion of the Attendees. DO CREATION bears no responsibility for the damages incurred by Attendees or other third parties resulting from viewing or using the Attendee Coupons.
7. Handling of personal information
We may disclose a part of personal information to the organizer and the contractor entrusted by the organizer only to confirm the validity and details of the ticket owned by the participant. In this case, we will select a person who meets the standards set by our company as the disclosure destination, conclude a contract regarding the handling of personal information, and manage and supervise it appropriately so that safety management can be achieved.
Enactment date: January 1, 2021
Partial revision: March 21, 2021
Partial revision: April 5, 2021