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【ゴールデンウィーク期間中の休業】
4月28日(土)~30日(月)、5月3日(木)~ 5月6日(日)
【ゴールデンウィーク期間中の休業】
4月28日(土)~30日(月)、5月3日(木)~ 5月6日(日)

BAZART Terms of Use

This document sets forth the terms and conditions for the use of “BAZART” service provided by Warehouse TERADA (the “Company” hereinafter). Users of BAZART shall agree to the below terms of use.

Contents

  • Chapter I. Basic Terms
  • Chapter II. Storage/Sale/Lease (Terms of Use for the Artists)
  • Chapter III. Purchase/Lease

Chapter I. Basic Terms

Basic terms of the Service are set forth as follows:
“Chapter I. Basic Terms” (“Chapter I” hereinafter) defines the basic terms and conditions for (i) users who have not registered as members (“Guests” hereinafter) and (ii) persons who have completed membership registration in accordance with the provisions of Chapter I. Article 7 (“Members” hereinafter) with respect to the use of this Service.

Article 1. Scope of Application

  1. This service is provided only to Guests and Members who have agreed to these Terms of Use.
  2. Guests can view goods posted on this site, make inquiries about the Service, and register as Members of the Service. By using the Service, Guests are deemed to have agreed to Chapter I.
  3. By using the Service, Members are deemed to have agreed to all items in these Terms of Use.
  4. With respect to the Service, individual guidelines, manuals and/or terms of use (collectively referred to as the “Guidelines” hereinafter) may be established in addition to these Terms of Use, and such Guidelines constitute part of these Terms of Use. In case there is discrepancy between the contents of these Terms of Use and the Guidelines, the Guidelines shall prevail.
  5. The governing language of this Agreement is Japanese, and this English translation is for reference only.
  6. This Agreement is not subject to the United Nations Convention on Contracts for the Sale of Goods.

Article 2. Definitions

In these Terms of Use, following terms have the following meanings respectively.

  1. Websites related to the Service with domain name “bazart.tokyo” such as “https://bazart.tokyo” and “https:// agent.bazart.tokyo” are referred to as the “Sites.”
  2. Users who have not registered as members are referred to as “Guests.”
  3. Persons who have completed membership registration in accordance with the provisions of Chapter I. Article 7 are referred to as “Members.”
  4. Members who deposit goods other than those listed in Attachment 1 and sell/lease such goods are referred to as “Artist Users.”
  5. Members who purchase/borrow goods listed on the Sites are referred to as “Users.”

Article 3. Revisions

  1. The Company may revise these Terms of Use and Guidelines without prior approval by Guests and Members. In such case, the revised Terms of Use and Guidelines shall become applicable from the time they are posted on this Sites; provided, however, if the Company provides otherwise, such provision shall be applicable.
  2. Guests and Members shall agree in advance that they will accept such revised Terms of Use and Guidelines if the Terms of Use and Guidelines are revised in accordance with the preceding Paragraph.

Article 4. Scope of Service

This service is being provided in Japan only; provided, however, the Company may agree to requests for storage of goods from Members residing overseas, or sale to members residing overseas.

Article 5. Responsibilities of Guests and Members

Guests and Members shall determine the reliability and interpretation, etc. of the information provided by the Company for the Service at their own responsibility.

Article 6. Environment of Use

  1. To use the Service, Guests and Members shall prepare communications equipment, software, and public lines, etc. (the “Communications Equipment” hereinafter) at their own responsibility and expense.
  2. Guests and Members shall maintain and manage Communications Equipment at their own responsibility to prevent hindrance to the use of the Service. In addition, Guests and Members shall, for using the Service, manage and pay various expenses arising with the telecommunications carriers related to accessing the Service at their own responsibility.

Article 7. Members

  1. The Company shall issue membership ID and provide the service only to Guests who apply for membership using the membership registration function and whose membership is approved by the Company.
  2. Guests who wish to register as Members (“Membership Registration” hereinafter) shall complete Membership Registration in accordance with the terms and conditions set forth in this and following Paragraphs. Guests who can make Membership Registration are persons whom the Company approves the Membership Registration application set forth in this Article, and meets all of the conditions in the following Items:
    1. Own a valid credit card available for use in Japan issued by a credit card company approved for use by the Company;
    2. An individual who is 18 years of age or older;
    3. Have an e-mail address that enables to send and receive e-mails with the Company; and
    4. Have an address and telephone number that enables communication with the Company.
  3. Application for Membership Registration in the preceding Paragraph (“Application” hereinafter) shall be made by sending true and accurate information about the registrant himself/herself in the method designated by the Company.
  4. The Company shall receive the information regarding the Application in the preceding Paragraph, and perform necessary assessment of such Application.
  5. The Company may, at the time of the assessment in the preceding Paragraph and after Membership registration, contact the Member with respect to matters regarding the Service.
  6. The Company shall, in case of approval of the Application based on the assessment in Paragraph 4 of this Article, approve by sending the ID and password, etc. designated by the Company for using this Service (“Verification Information” hereinafter) in a method designated by the Company (“Approval” hereinafter). Members shall be fully responsible for the use and management of the Verification Information, and manage them appropriately.
  7. Members with Approval by the Company can use the service.
  8. Members shall immediately notify the Company if they become aware that the Verification Information has been stolen, lost, forgotten, or used by a third party, etc.
  9. The Company shall not be held liable for damages incurred by the Member prior to the notice in the preceding Paragraph, from the Verification Information being stolen, lost, forgotten or used by a third party, etc.
  10. The Company shall not be held liable in any way for damages incurred due to poor management of Verification Information by the Member, or unauthorized use of Verification Information by a third party, etc.
  11. The Company may decline to give Approval if the party making an Application in accordance with Paragraph 3 of this Article is deemed to fall under any of the Items below. In addition, if the Company deems that a Member falls under any of the following Items subsequent to the Approval, the Company may take measures including cancellation of Membership Registration, suspension of the Service, and/or invalidation of the Verification Information against such Member (“Cancellation” hereinafter) without prior notice:
    1. In case the applicant does not comply with these Terms of Use and Guidelines;
    2. In case the applicant is found not to exist;
    3. In case the applicant is found to have had suspension or cancellation of Membership qualification due to breach of these Terms of Use or Guidelines in the past;
    4. In case misrepresentation, errors, or omissions are found in the information registered with the Company in the Application;
    5. In case the applicant engages in acts that fall under any of the Items in Chapter I. Article 14. Prohibitions;
    6. In case the applicant is an adult ward, person under curatorship, or person under assistance, and had not obtained consent by statutory agent, curator or guardian at the time of Application;
    7. In case the Member is found to be deceased;
    8. In case the Member is found not to have used the Service for a period of time designated by the Company; or
    9. In addition to the preceding Items, where the Company determines it inappropriate to grant Approval or user qualification for the Service.
  12. At the time of use of the Service by a Member, if the Company collates the Member’s Verification Information that was given an Approval with the Verification Information entered by such Member, and confirms that they match using a method designated by the Company, the Company shall treat such use of the Service by such Member as authorized use of the Service by such Member, but shall not be held liable in any way for problems or damages arising from such use of the Service.
  13. Members shall comply with these Terms of Use and Guideline when using the Service.
  14. If Members wish to terminate the use of the Service (“Withdrawal” hereinafter), Members shall notify the Company using the method designated by the Company. Members who notify Withdrawal as above shall lose all rights regarding the Service at the time of Withdrawal.

Article 8. Temporary Interruption, Suspension, Changes, and Termination of the Service

  1. The Company may, if an event falling under any of the following items occurs, temporarily suspend provision of all or part of this Service without advance notice to Guests and Members:
    1. When conducting periodic or emergency maintenance, etc. of the equipment for the Service;
    2. When taking measures against failures of equipment for the Service;
    3. When the Company determines that the Service cannot be provided due to earthquake, fire, volcanic eruption, tsunami, flood, other natural disasters such as damage caused by wind or flood, power outage, war, uprising, riot, terrorist acts, labor dispute, demonstration, or other acts of third parties; or
    4. In addition to the above items, when the Company determines that the temporary suspension of the Service is necessary for the operational or technical reasons regarding the Service.
  2. The Company may, if it deems necessary, terminate all or part of the Service without advance notice to the Guests and Members.
  3. The Company may, at its discretion, change all or part of the Service at any time.
  4. The Company shall not be held liable in any way even if temporary interruption, suspension, change, or the termination of the Service due to each of the preceding Items cause any damages or disadvantages to the Guests or Members.

Article 9. Treatment of Posted Information

  1. Members may post information, such as writing regarding the Service, on parts of the Sites designated by the Company (“Posted Information” hereinafter).
  2. Posted Information that are posted by Members pursuant to the preceding Paragraph must be information for which the Members have all necessary rights for posting, or regarding which the Members obtain permission for use from a third party with its legitimate rights. Members shall approve in advance that the Posted Information by such Member may be posted on the Sites after such Member’s Withdrawal from the Service.
  3. The Company may, where it deems that Posted Information falls under any of the following Items, delete such Posted Information or take other measures regarding the posting of such Posted Information without notice to the Member:
    1. In case the Company determines that it may infringe or is likely to infringe any rights held by other Guests, other Members, third parties, or the Company (including intellectual property rights, such as copyrights, ownership rights, possessory rights, and other rights);
    2. In case the Company determines that it includes contents that may cause economic or psychological damage, or be slanderous or discriminatory against other Guests, other Members, third parties, or the Company;
    3. In case the Company determines that the Posted Information includes contents that violate laws and regulations or public order and good moral; contents that are lewd, vulgar, cruel, or violent; or contents that includes links to websites containing such contents;
    4. In case the Company determines that the Posted Information includes solicitation for specific religion/ideology, election campaign, or similar contents; or contents including links to websites containing such contents;
    5. In case the Company determines that the Posted Information includes computer programs, etc. that are harmful to the operation of the Service; or
    6. In addition to the above Items, Posted Information that the Company determines is unsuitable for the purpose of the Service or inappropriate for the operation of the Service.
  4. Guests and Members may view Posted Information in accordance with these Terms of Use and Guidelines, provided, however, Posted Information is posted at the responsibility of the Member, and the Company is not held liable in any way regarding the contents, etc.
  5. Guests and Members shall make decisions on the contents, etc. of the Posted Information at their own responsibility, and the Company shall not be held liable in any way for damages incurred by other Guests, other Members or third parties arising from information obtained through Posted Information.
  6. Members are deemed to have given approval to the Company, at the time they post Posted Information on the Sites, for secondary use of the contents of their Posted Information by the Company to the extent necessary for operation and provision of this Service, free of charge, for indefinite period, and without limitation (any and all use including reproduction, editing, publication, reprint, sending, and approving use by third parties). In addition, the Member who posted the Posted Information shall not exercise the moral right of author against the use of Posted Information by the Company and/or a third party to whom approval of use was granted by the Company.

Article 10. Advertisement and Links

  1. The Sites may display links to third party websites (“Third Party Sites” hereinafter), but the Company does not manage such Third Party Sites. Guests and Members shall conduct transactions with such linked sites through the operator of such Third Party Sites at their own responsibility (including but not limited to compliance with terms of contracts, terms of use, and terms of sale for such Third Party Sites).
  2. The Company shall not be held liable in any way for damages incurred by the Guests and Members, other Guests, other Members or third parties arising from the transaction in the preceding Paragraph.

Article 11. Treatment of Personal Information

  1. Treatment of personal information regarding the Guests and Members obtained by the Company (“Personal Information” hereinafter) shall be in accordance with the Company’s “Personal Information Rules” and “Security Policy” (“Personal Information Protection Policy” hereinafter).
  2. Members shall give advance approval to the contents of the Personal Information Protection Policy in the preceding Paragraph as set forth by the Company, as well as to display of nicknames, etc. on the Sites to enable identification of the writer of the Posted Information and writer of comments to Posted Information when using the Service.

Article 12. Re-Consignment

The Company may subcontract all or part of the business regarding the Service at its own responsibility.

Article 13. Intellectual Property Right

  1. Property rights regarding the Service’s contents, program, and information, etc. excluding Posted Information belong to the Company or the third party who authorized their use by the Company. All software used by the Company for the Service and in relation to the Service include property rights and business secrets protected by the laws and regulations, etc. pertaining to intellectual property rights.
  2. Rights to information posted on the Sites, such as texts, images, and other data through the Service, belong to the Company, other Members, and/or other third parties with due rights, and we hereby confirm that the use of this Service and Sites does not entail transfer of copyrights.

Article 14. Prohibitions

Guests and Members shall not engage in acts set forth in the following Items when using the Service:

  1. An act that violates or is likely to violate laws, regulations, and/or public order and good moral;
  2. An act that leads to or is likely to lead to criminal acts;
  3. An act that violates or is likely to violate the property rights, credibility, privacy, and/or honor of other Guests, other Members, third parties, or the Company;
  4. An act that infringes or is likely to infringe intellectual property rights including copyrights, ownership rights, possessory rights and other rights of other Guests, other Members, third parties, or the Company;
  5. An act that causes or is likely to cause disadvantage or damages to other Guests, other Members, third parties, or the Company;
  6. An act of sending, posting, or displaying information that is contrary to or is likely to be contrary to facts, or an act of slander against other Guests, other Members, third parties or the Company;
  7. Election campaign, pre-election campaign, an act violating the Public Offices Election Act, or similar acts;
  8. An act for purposes of profit-making unrelated to the Service;
  9. An act of transfer of rights related to the Service; provision of use, sale, pledge of such rights; provision of such rights as collateral to a third party, or any similar acts;
  10. An act that interrupts the operation of the Service, or damages the credibility of the Company or the Service;
  11. An act of multiple Membership Registration by an individual;
  12. An act of using single Verification Information by multiple persons;
  13. An act of repeatedly posting Posted Information with contents that are the same or substantially same with already posted Information on the Sites.
  14. An act of using the Service under false representation as other Member, third party, or the Company;
  15. An act of sending harmful computer programs, etc. through the Service, or creating an environment enabling receipt of such programs, etc. by other Guests, other Members, and/or third parties;
  16. An act that makes or is likely to make unauthorized access to other computers, systems, servers, etc. connected to the Service;
  17. An act that facilitates acts prescribed in the preceding Items; or
  18. In addition to the above Items, acts that the Company deems inappropriate.

Article 15. Validity

  1. If part of the provisions of these Terms of Use and/or other terms of use, etc. (including Guidelines; the same shall apply hereinafter) is deemed invalid under laws and regulations, other provisions of the Terms of Use and other terms of use, etc. shall remain valid.
  2. If part of these Terms of Use and/or other terms of use is deemed invalid or canceled in relation to a Member, these Terms of Use and other terms of use, etc. shall remain valid in relation to other Members.

Article 16. Responding to Breach

  1. In case a Member is deemed to have breached these Terms of Use and other terms of use, etc., and where the Company considers it necessary, the Company may take the following measures against such Member; provided, however, the Company is not obligated to take such measures:
    1. Demand to cease the act that violates these Terms of Use and other terms of use, and not to repeat similar acts;
    2. Request voluntary correction of the contents;
    3. Delete all or part of the contents, change the scope of publication, or make such contents unavailable for viewing (non-public);
    4. Disclose the fact of breach in the Service internally and/or externally (including notice to the police and other pubic organization in case it may fall under criminal offense etc.);
    5. Temporarily suspend use of the Service; and
    6. Mandatory membership cancellation.
  2. The Company shall not be held liable if measures in the preceding Paragraph cause disadvantages or damages to the Member.
  3. The Member may not object to measures taken by the Company pursuant to these Terms of Use against acts that breach these Terms of Use or other terms of use, etc.
  4. In case the Company has incurred damages from acts of a Member, the Company may claim damages against such Member regardless of whether the Company has taken measures prescribed in Paragraph 1 of this Article.

Article 17. Payment of Fees

  1. The Company calculates the usage fees as of the end of each month. Refer to the relevant Article of these Terms of Use for details, including the amount.
  2. Members shall make lump-sum payment of fees and consumption taxes arising from the use of the Service with a credit card issued by a credit card company approved by the Company, in accordance with the membership rules of such credit card company.
  3. When making the payment in the preceding Paragraph, the Member shall use a credit card with the same cardholder name as the Member.
  4. In case payment by the credit card prescribed in Paragraph 2 of this Article cannot be settled due to the expiry of the Member's credit card or other circumstances, the Member shall immediately pay the unpaid amount in accordance with the method designated by the Company. Bank transfer fee in case of payment through bank transfer shall be borne by the transferor. In case a dispute arises between a Member and such credit card company in relation to the fees or other obligations, such dispute shall be resolved between the parties, and the Company shall not be held liable in any way.

Article 18. Matters to be Notified

  1. In case there is change in information provided to the Company pursuant to this Application, Members shall notify such change immediately using the procedures and methods designated by the Company.
  2. The Company shall not be held liable for damages incurred by the Member prior to the notice in the preceding Paragraph from errors in information registered with the Company.
  3. If any of the following Items are applicable, Members shall have no objections to having the Company be notified by the Member’s credit card company without prior approval by such Member:
    1. Loss of membership for the credit card notified to the Company; or
    2. Change in credit card number notified to the Company due to loss of credit card, etc.
  4. The Company shall not be held liable in any way if the Member incurs disadvantage from failure to give notice in the preceding Paragraph.

Article 19. Disclaimer

  1. The Company shall not be held liable for any compensation of damages incurred by Members, Guests, or third parties in relation to the use of the Service.
  2. The Company shall not be held liable for matters set forth in the following Items in relation to information and goods, etc. obtained by Guests and Members in conjunction with the use of the Service:
    1. That the Service satisfies the purpose or demand of Guests and Members;
    2. That the Service is without failures, defects, or errors;
    3. That the information, service, or goods, etc. obtained by the Guests and Members through the Service satisfies the expectations of Guests and Members;
    4. That the information and data, etc. provided by the Company through the Service is accurate;
    5. That the information, service, or goods, etc. obtained by the Guests and Members through the Service do not infringe on copyrights and other intellectual properties, ownership rights, possessory rights, and/or any other rights of third parties; and
    6. That the ownership rights or possessory rights of goods, etc. obtained by Guests and Members through the Service belong to the seller or User.
  3. The Company shall not be held liable in any way for damages incurred by Members, Guests, or third parties in relation to deletion or revision of Posted Information, cancellation of Membership Registration, suspension of the Services, or invalidation of Verification Information pursuant to these Terms of Use and Guidelines.
  4. The Company shall not make any guarantee on performance of communication equipment and/or instrument and software, etc. used by the Guests and Members in relation to use of the Sites, and will not be held liable for any compensation of damages incurred by a Guest, Member or third party in relation to such equipment, instrument and/or software, etc.
  5. The Company shall not be held liable in any way for damages incurred by a Member or third party by use of the Member’s Verification Information by a third party, even where the Member has not been negligent.
  6. The Company shall not be held liable in any way to compensate for damages incurred by Members, Guests, or third parties in relation to occurrence of temporary interruption, suspension, or termination of all or part of the Service pursuant to these Terms of Use and Guidelines.
  7. Notwithstanding the provisions of Paragraph 1 and Paragraphs 3 to 6 of this Article, if a Member is a “consumer” as defined in the Consumer Contract Act, the Company shall be held liable for compensation of damages if the Company is at fault, provided, however, the scope of such liability shall be limited to ordinary damages actually suffered directly by such Member, and to the amount equivalent to the fees paid by such Member in conjunction with the use of this Service in the preceding twelve months (excluding the purchase price for goods) (such limits shall not apply where the Company acted willfully or with gross negligence).
  8. The Company does not guarantee the lawfulness, non-infringement of rights, morality, reliability, accuracy, or any other matter regarding the contents posted by the Members. The Company shall not be held liable that the posted contents comply with the internal rules, etc. of corporations or organizations that the writer belongs to.
  9. The Company does not have obligation to monitor or retain contents posted by the Members.
  10. The Company shall not be held liable for damages caused by posted contents (including damages caused by computer virus infection from contents created by Members).
  11. The Company will not be involved in communication and/or activities by the Members. Even if a dispute arises between Members, such dispute shall be resolved between the parties, and the Company shall not be held liable for resolution of disputes.
  12. The Company shall not be held liable in any way for slower loading speed or failure, etc. caused by excessive traffic or other unforeseen factors.
  13. The Company shall not be held liable in any way for damages caused by addition or revision to the contents of the Services, or interruption or termination of the Services.
  14. The Company will not be involved in transactions between Members, and shall not make any compensation of expenses or damages incurred by Members in relation to execution of transaction, defective goods, effectiveness of the transaction contract (validity, cancellation, etc.), return of goods, after-sales services, and other matters.

Article 20. Damages

  1. The Members shall resolve any and all complaints or claims for damages, etc. received from a third party in relation to the use of this Service at their own responsibility and expenses.
  2. In case the Company incurs damages caused by breach of the Agreement and/or guidelines, etc., or unauthorized use of the Site by Guests and Members, the Company may claim for damages against the breaching party.
  3. In case a third party makes complaints or claims for damages, etc. against the Company in relation to the use of this Service by a Member, the Company may claim any and all expenses (including attorney’s fees) required in relation to such complaints and claims, etc. against the Member.

Article 21. Notices

  1. Any notice or demand by the Company to Members shall be made by making information regarding such notice or demand available for viewing by the Members through following methods:
    • (1) Sending an e-mail containing such information to the e-mail address that the Member registered with the Company;
    • (2) Sending a document containing such information by mail to the address that the Member registered with the Company; or
    • (3) Posting such information on the Sites related to the Service.
  2. In case the Company makes notice or demand by sending an e-mail to the e-mail address provided to the Company at time of Membership Registration (if the Member has notified change, such e-mail address after the notice of change), such notice and demand is deemed to have reached the Member immediately.
  3. In case the Company makes notice or demand by sending a document by mail to the address provided to the Company at time of Membership Registration (if the Member has notified change, such address after the notice of change), such notice or demand is deemed to have reached the Member the time such mail should normally reach the user.
  4. In case the Company makes notice or demand by posting on the Sites, such notice or demand will be deemed to have reached the Member at the time such information is posted on the Sites.
  5. Members shall periodically view this Sites.

Article 22. Guarantee of Deposited Items

  1. The Company shall, in leasing and selling deposited items under the Service (Storage Plan), post the photographic data taken by the Company concerning the deposited item (“Photographic Data” hereinafter, including the Photographic Data set forth below) at a position in the Sites designated by the Company, to guarantee that the deposited items subject to lease and sale exist. Artist Users (defined below) shall, at time of sale of deposited items under the Service (Standard Plan), if requested by the Company, take a photograph of the items by themselves and post such Photographic Data at a position in the Sites designated by the Company in accordance with the instructions by the Company.
  2. Photographic Data will be posted in accordance with the preceding Paragraph; however, the Company does not guarantee the quality, characteristics, or conditions, etc. of the deposited item and other items. Photographic Data shall refer to photographs displayed on the details screen of deposited items and other items in the Sites (URLs starting with http://bazart.tokyo/art/detail/).

Article 23. Operating Hours

  1. The Company shall establish and display operating hours on the Sites.
  2. The Company shall, when making changes in the operating hours prescribed in the preceding Paragraph, post such change on the Sites in advance.

Article 24. Governing Law

These Terms of Use and Guidelines shall be governed by the laws of Japan.

Article 25. Agreed Jurisdiction

Depending on the amount in dispute, Tokyo District Court or Tokyo Summary Court shall be the agreed exclusive court of first instance for any disputes arising from the Service, Terms of Use and Guidelines between the Company and Members.

Chapter II. Storage, Sale and Lease

“Chapter II. Storage, Sale, and Lease” (“Chapter II” hereinafter) establishes the treatment of exhibition, storage, and delivery of items provided, sale and lease of deposited items, and use of incidental services (“Exhibition Services” hereinafter).

Users of Exhibition Services (“Artist Users” hereinafter) shall use the Exhibition Services at their own determination and responsibility, based on sufficient understanding and approval of the contents of these Terms of Use and Guidelines, and in accordance with these Terms of Use as well as designated procedures and methods separately established by the Company.

Section 1. General Rules

Article 1. Scope of Application

  1. Chapter II is applicable to depository storage of items other than those listed in Attachment 1 (simply referred to as “Items” hereinafter), for which the storage is provided as part of Exhibition Services, and exhibition of other items.
  2. The Company shall provide Exhibition Services in accordance with the Standard Trunk Room Contract; however, if the provisions of the Standard Trunk Room Contract and these Terms of Use are to be applied in overlapping manner, these Terms of Use shall prevail, and the Standard Trunk Room Contract shall be applicable to matters not prescribed in these Terms of Use. “Depositor” in the Standard Trunk Room Contract shall be deemed to refer to the “Artist User” in these Terms of Use.
  3. With respect to the Exhibition Service, individual guidelines, manuals and/or terms of use (collectively referred to as the “Guidelines” hereinafter) may have been established in addition to these Terms of Use and the Standard Trunk Room Contract, and such Guidelines constitute part of Chapter II.
  4. In case there is discrepancy between the contents of Chapter II and the Guidelines, the Guidelines shall prevail.

Article 2. Artist Users

  1. Artist Users shall, if they wish to use the Exhibition Services, provide information and material requested by the Company, and be subjected to assessment.
  2. The Company shall, subsequent to the assessment in the preceding Paragraph, notify the Artist Users whether to approve their use of Exhibition Services using a designated method. Artist Users shall, if they receive a notice from the Company on the “approval of the use of Exhibition Services,” pay the Membership Registration Fee set forth in Attachment 3, Paragraph 1, to the Company.
  3. Artist Users who can use the Exhibition Services are Members set forth in “Chapter I, Article 7. Members” who are granted approval by the Company and who satisfy all of the following conditions:
    • (1) Persons who understand and consent to the lease and sale of deposited items to the Members of this Service;
    • (2) Persons who applied to one of the two plans set forth in Attachment 2. Artist Users may apply for change of Plans at any time using the method designated by the Company;
    • (3) Persons who received notice of “approval of the use of Exhibition Services” prescribed in Paragraph 2 of this Article; and
    • (4) Persons who have paid the Membership Registration Fee prescribed in Paragraph 2 of this Article to the Company.

Article 3. Exhibition Services Fee

  1. Various fees related to the Exhibition Services including storage fee and handling fee (“Storage Fee” hereinafter) shall be as set forth in Attachment 3, Paragraph 2.
  2. Storage Fee shall occur every month from the date of the Deposit Contract until the last day of the month when the Deposit Contract is terminated. There shall be no prorated treatment for Storage Fee.

Section 2. Conclusion of Deposit Contract

Article 4. Rejection of Deposit

The Company may reject acceptance of deposit if the following reasons exist:
  1. When application for deposit is not in accordance with these Terms of Use, Standard Trunk Room Contract, or Guidelines;
  2. When Items are deemed to be dangerous items, items prone to degeneration or damage, items with insufficient packing, items set forth in Attachment 1, or other items deemed to be inappropriate for storage;
  3. When agreement cannot be reached on the Deposit Price pursuant to the provisions of Paragraph 2 of the following Article;
  4. When facilities necessary for storage of Items are not available;
  5. When special burdens are required for the storage of Items;
  6. When the storage of Items violates laws and regulations, public order, or good moral; and
  7. When there are other unavoidable reasons.

Article 5. Deposit Price

  1. Artist Users shall agree in advance that the deposit price of deposited items (“Deposit Price” hereinafter) shall be up to the amount set forth in Attachment 3, Paragraph 2. Deposit Price is the maximum amount (market price) that can be guaranteed by fire insurance, etc. in case an accident, etc. occurs to items deposited in the Company’s designated warehouse.
  2. Notwithstanding the provisions of the preceding Paragraph, the Company may, at the time of application for deposit, designate the amount deemed to be appropriate as the Deposit Price, subject to consultation with the Artist User.

Article 6. Deposit Application and Conclusion of Deposit Agreement

  1. Artist Users shall, upon application for deposit of Items, make an application by entering and sending the following information regarding the items (“Application Information” hereinafter) through the Sites, using the procedures and methods designated by the Company.
    1. Name, address, telephone number and e-mail address of the Artist User;
    2. Title and quantity of items;
    3. Measure of items and measure of items in package;
    4. If packaged, type of packaging and quantity per type of packaging;
    5. Deposit price;
    6. If storage method is determined, such method;
    7. If special care is required for storage or handling, notes on such storage and handling;
    8. Delivery date;
    9. If insurance set forth in Chapter II. Article 25. Purchase of Fire Insurance; Chapter II. Article 26. Purchase of Rental Property Insurance; and Chapter II. Article 27. Product Liability Insurance is not required, such fact; and
    10. Other necessary information for storage or handling.
  2. The Company shall not be held liable in any way for damages arising from Artist Users’ failure to enter or send Application Information; failure to enter matters that should be stated in the Application Information; or discrepancy of information entered or sent in the Application Information from facts.
  3. Deposit of Items by Artist Users to the Company pursuant to these Terms of Use and Guidelines (“Deposit Contract” hereinafter) concludes when the Company approves the Application Information, and the Company accepts such Items (Items subject to Deposit Contracts shall be referred to as “Deposited Items” hereinafter).

Article 7. Revision of Matters Stated in Application Information

  1. Artist Users must immediately notify the Company using the procedures and methods designated by the Company in case of change in information listed in Paragraph 1, Item 1 of the preceding Article.
  2. Artist Users must notify the Company in advance using the procedures and methods designated by the Company in case they are to make changes to information listed in Paragraph 1, Items 2 to 9 of the preceding Article.

Article 8. Termination of Contract

  1. The Company may terminate the Deposit Contract if the following reasons exist:
    1. When any of the Items in Chapter I. Article 14. Prohibitions; or any of the Items in Chapter II. Article 4. Rejection of Deposit, Paragraph 1, Items 2 to 6 are found to be applicable;
    2. When Artist Users do not deliver Deposited Items in accordance with these Terms of Use and Standard Trunk Room Contract;
    3. When the Artist User refuses inspection of contents of Deposited Items pursuant to provisions of Paragraph 1 of the following Article; or
    4. When agreement cannot be reached on the Deposit Price pursuant to the provisions of Chapter II. Paragraph 5. Deposit Price.
  2. In case the Company is to abolish or suspend its operation, the Company may terminate the Deposit Contract. In such case, the Company shall make efforts to give advance notice of three months prior to the termination date.
  3. In case any of the following Items are applicable to Artist Users, Artist Users shall lose the benefit of time, and the Company may immediately terminate the Deposit Contract:
    1. When Artist Users breach any of these Terms of Use, Guidelines, or related conditions separately established by the Company;
    2. When there are reasonable grounds that the Company or third party incurs or is likely to incur damages due to reasons attributable to the Artist Users or degeneration of Deposited Items, etc.;
    3. When a note or check is dishonored, or when in receipt of suspension of banking transactions;
    4. When an attachment, provisional attachment, provisional disposition, or others are executed against the Artist Users; or Artist Users are filed for corporate reorganization, bankruptcy and civil rehabilitation or make such filing by themselves;
    5. When inheritance is commenced regarding the Artist Users;
    6. When the contents of the Application Information are found to be contrary to facts; or
    7. When the Artist Users or related parties of Artist Users are found to be members of groups that are likely to promote engaging in collective or habitual violent unlawful acts such as organized crime groups or persons that have transactions with such parties.
  4. In case the Company or a third party incurs damages due to reasons in the preceding Items, Artist Users shall compensate for such damages.
  5. In case the Company terminates the Deposit Contract pursuant to the provisions of Paragraphs 1 to 3 of this Article after the Artist Users have delivered the Deposited Items, Artist Users must pay storage fees, handling fees and other expenses, as well as advances and arrears without delay, and collect the Deposited Items.
  6. The Company shall not be held liable in any way for damages incurred by the Artist Users or third parties in case the Deposit Contract is terminated pursuant to the provisions of Paragraph 1 or 3 of this Article.
  7. The Company shall not be held liable in any way for damages caused by termination of the Deposit Contract pursuant to provisions of Paragraph 2 of this Article, where the abolishment or suspension of operation has reasonable grounds.

Section 3. Delivery of Deposited Items

Article 9. Content Inspection of Deposited Items upon Delivery

  1. The Company shall inspect the Deposited Items upon delivery from the Artist Users. The Company shall confirm the contents of the Deposited Items delivered, and in case any of the following is applicable, notify the Artist User of such fact and return the Deposited Items to the Artist Users at their expense:
    1. Items exceeding the size designated by the Company;
    2. Items without hook on the back for hanging from the wall; or
    3. Items set forth in Attachment 1.
  2. In addition to the preceding Paragraph, the Company may, with the consent of the Artist User, inspect the contents of the Deposited Items if there is doubts about the product name, volume, or notes on storage or handling of the Deposited Items sent or entered in the Application Information.
  3. The Company may, notwithstanding the provisions of the preceding Paragraph, inspect the contents of the Deposited Items without consent from the Artist User in case there is no time to obtain consent from the Artist User and there is justifiable reason such as assumption of abnormality regarding the contents from the exterior of the Deposited Items.
  4. The Company may, in case it conducts inspection pursuant to the provisions of Paragraph 1 of this Article without presence of the Artist User or conducts inspection pursuant to the provisions of the preceding Paragraph, notify the Artist User of such fact and the result of the inspection without delay.
  5. The Company shall be held liable for compensation of damages for loss, damage, or stains to Deposited Items caused by the inspection, where it conducts inspection pursuant to provisions of Paragraphs 1 or 2 of this Article, and the contents of the Deposited Items do not differ from what was sent or entered in the Application Information.
  6. Artist Users must bear the expenses required for the inspection in case an inspection is conducted pursuant to the provisions of Paragraphs 1 or 2 of this Article, and the contents of the Deposited Items differ from what was sent or entered in the Application Form. In case of the above, the Company shall notify the Artist User of such fact, and may return the Deposited Items at the expense of the Artist User.

Article 10. Change in Deposit Price upon Delivery

  1. The Company may change the Deposit Price upon delivery of the Deposited Item if it deems that the Deposit Price designated by the Artist User is inappropriate, to an appropriate amount subject to consultation with the Artist User.

Article 11. Confirmation of Delivery

  1. When Deposited Items are delivered, the Company shall notify the Artist User using the procedures and methods designated by the Company.

Section 4. Storage of Deposited Items

Article 12. Storage Method

  1. Storage provided by the Service does not involve the Deposited Items themselves (boxes, etc.), but the service of storage of the contents (“Individual Items” hereinafter). Therefore, the Company may, subsequent to the delivery of the Deposited Items, open such Deposited Items to confirm the presence, contents, and volume of Individual Items in the Deposited Items.
  2. Sale and lease shall be conducted for each Individual Item. Therefore, if several items are to be registered, sold, or leased as a group, Artist Users shall pack such items in a way that such purpose is clear, and sent them to the warehouse designated by the Company. In such case, the Company shall treat such group of items as an Individual Item.
  3. The Company shall not be held liable for loss or damages to Individual Items, unless such loss or damages are attributable to the Company.
  4. Storage methods for Individual Items shall be determined at the discretion of the Company, and individual requests from Artist Users will not be accepted.

Article 13. Re-Deposit

  1. The Company may re-deposit Deposited Items with other warehouse operators at the Company’s expense if necessary facilities for storage of Deposited Items do not exist and for other unavoidable reasons, subject to consent by the Artist User; provided, however, the Company may re-deposit without consent by the Artist User if there is no time to obtain such consent.
  2. In case of re-deposit pursuant to the provisions of proviso in the preceding Paragraph, the Company shall notify the Artist User of such fact without delay.

Article 14. Change in Deposit Price During Storage

  1. Artist User must apply for change in Deposit Price without delay if there is significant change in the price of Deposited Items.
  2. If the Deposit Price for Deposited Items becomes inappropriate, the Company may change such price to an appropriate amount subject to consultation with the Artist User.

Article 15. Content Inspection of Deposited Items in Storage

  1. The Company may, with the consent of the Artist User, inspect the contents of the Deposited Items during storage period if there are doubts about the product name, volume, or notes on storage or handling of the Deposited Items sent or entered in the Application Information.
  2. The Company may, notwithstanding the provisions of the preceding Paragraph, inspect the contents of the Deposited Items without consent from the Artist User in case there is no time to obtain consent from the Artist User and there is justifiable reason such as assumption of abnormality regarding the contents from the exterior of the Deposited Items.
  3. The Company may, in case it conducts inspection pursuant to the provisions of Paragraph 1 of this Article without presence of the Artist User or conducts inspection pursuant to the provisions of the preceding Paragraph, notify the Artist User of such fact and the result of the inspection without delay.
  4. The Company shall be held liable for compensation of damages for loss, damage, or stains to Deposited Items caused by the inspection, where it conducts inspection pursuant to provisions of Paragraphs 1 or 2 of this Article, and the contents of the Deposited Items do not differ from what was sent or entered in the Application Information.
  5. Artist Users must bear the expenses required for the inspection in case an inspection is conducted pursuant to the provisions of Paragraphs 1 or 2 of this Article, and the contents of the Deposited Items differ from what was sent or entered in the Application Form.

Article 16. Deposit, Retrieval, and Inspection of Deposited Items

  1. Artist Users may request retrieval of Deposited Items using procedures and methods designated by the Company when taking measures necessary for inspection or storage of Deposited Items.
  2. The Company may, under unavoidable circumstances, designate the timing of the deposit, retrieval, or measures to be taken for inspection or storage of the Deposited Items by the Artist User.

Article 17. Emergency Viewing, Opening, and On-Site Inspection

  1. The Company may view, open, unseal Deposited Items, or conduct on-site inspection at storage facility without notice to Artist Users in case any of the following items are applicable:
    1. Based on provisions of laws and regulations;
    2. Where the Company deems it urgent and unavoidable; or
    3. Where other reasonable grounds exist.

Article 18. Change in Storage Method

  1. The Company may change the storage location or storage facility of Deposited Items from the initial deposit, reload Deposited Items, have them in mixed storage with other cargo, or make other changes to storage methods; provided, however, the Company gives prior notice to the Artist User in case of Item 3 of this Article. In case any of the Items in this Article is applicable, the Company shall not be held liable for compensation of damages even if Artist Users incur damages from the change in storage methods.
    1. Cancellation or termination of the contract, or expiry of the Deposit Contract otherwise;
    2. Delay in payment of Storage Fees or repayment of other debts under the Deposit Contract; or
    3. Where reasonable grounds exist including closure or repairs of facility.

Article 19. Measures against Deposited Items Unsuitable for Storage

  1. Operating company may made a demand toward the Artist Users to take necessary measures within reasonable period of time in case of following:
    1. Deposited Items are deemed to have become unsuitable for storage due to degeneration or damage, etc.; or
    2. Deposited Items are deemed likely to cause damages to the warehouse or other Deposited Items.
  2. Artist Users must, when in receipt of the demand in the preceding Paragraph, take necessary measures without delay.
  3. In case the Artist Users do not respond to the demand in the preceding Paragraph within the period designated by the Company, or there is no time for the Company to make a demand, the Company may take necessary measures including disposal of the Deposited Items.
  4. Expenses required for the measures in the preceding three Paragraphs shall be borne by the Artist User if such measures are taken due to reasons attributable to the Artist Users.
  5. In case measures in Paragraph 3 of this Article are taken, the Company shall notify such fact to the Artist User without delay.

Section 5. Return of Deposited Items

Article 20. Return Procedures

  1. To receive return of Deposit Items, Artist Users must enter information designated by the Company on this Site using the procedures and methods designated by the Company and send the same to the Company, pursuant to Article 43.
  2. Artist Users who completed the Deposited Items retrieval procedures designated by the Company pursuant to the preceding Paragraph must collect such Deposited Items without delay. The Company may return the Deposited Items at the expense of the Artist Users.

Article 21. Rejection of Returns

  1. Operating Company may refuse the request for return until it receives the payment of Storage Fees, handling fees and other expenses, advances and arrears.
  2. Artist Users must pay the amount equivalent to the Storage Fees during the period of detention pursuant to the provisions of the preceding Paragraph.
  3. Operating Company is not held liable for compensation of damages in case it refuses request for return pursuant to the provisions of Paragraph 1 of this Article.

Section 6. Treatment of Uncollected Deposited Items

Article 22. Request for Collection

  1. In case Deposited Items are not collected pursuant to provisions of Chapter II. Article 8. Termination of Contract, Paragraph 5, the Company may request the Artist Users to collect the Deposited Items by the date designated by the Company.
  2. In case the Company is to make the request in the preceding Paragraph by sending an e-mail or document in a post, it may make a supplementary note that “collection of the item will be deemed to be refused in case it is not collected by the date designated by the Company.” The Company shall not be held liable for compensation of damages to the Deposited Items after the date designated pursuant to the provisions of Paragraph 1 of this Article.

Article 23. Disposal of Deposited Items

  1. The Company may, where the Artist Users refuse to or cannot collect the Deposited Items, or where it is impossible to notify the Artist Users without negligence by the Company, and the Deposit Item is not collected within the designated period despite demand being given to the Artist Users on collection of Deposited Items with set deadline, and three months have passed from the date of the demand, sell or otherwise dispose of the Deposited Items with attendance by an impartial third party, subject to advance notice to the Artist Users; provided, however, the Company may, in case the Deposited Items are likely to rot or degenerate, sell or otherwise dispose of the Deposited Items with attendance by an impartial third party immediately after the deadline, subject to advance notice to the Artist Users.
  2. The Company shall, in case it disposes of Deposited Items pursuant to provisions of the preceding Paragraph, notify the Artist Users of such fact without delay.
  3. The Company may, in case it sells Deposited Items pursuant to the provisions of Paragraph 1 of this Article, deduct from the price the Storage Fees, handling fees and other expenses, advances and arrears, as well as expenses required for such sale (including expenses required for notifying the Artist Users), and return the balance if any to the Artist Users, or claim for shortfalls against the Artist Users.

Section 7. Property Insurance for Deposited Items

Article 24. Purchase of Fire Insurance

  1. The Company shall, unless Artist Users express otherwise, purchase fire insurance that covers the following damages by an insurer deemed appropriate by the Company, for Deposited Items of the Artist Users; provided, however, with respect to Deposited Items redeposited with other warehouse operators, such warehouse operators receiving the redeposit shall purchase fire insurance by an insurer it deems appropriate:
    1. Damages caused by fire;
    2. Damages caused by lightning;
    3. Damages caused by explosion;
    4. Damages caused by water leakage, discharge, or overflow in conjunction with accident to plumbing systems;
    5. Damages caused by accidents attributable to negligence in works performed by the Company or its employees;
    6. Damages caused by mice; and
    7. Stealing, damage, or stains caused by theft.
  2. The amount of insurance for the fire insurance to be executed by the Company for the Deposited Items pursuant to the provisions of the preceding Paragraph shall be the Deposit Price for the Deposited Item.

Article 25. Purchase of Rental Property Insurance

  1. The Company shall, unless Artist Users express otherwise, purchase rental property insurance that covers the following damages by an insurer deemed appropriate by the Company, for Deposited Items of the Artist Users who selected the Storage Plan; provided, however, with respect to Deposited Items redeposited with other warehouse operators, such warehouse operators receiving the redeposit shall purchase insurance by an insurer it deems appropriate:
    1. In case leased Deposited Items are damaged.
  2. The insurance amount of rental property insurance to be executed by the Company for Deposited Items pursuant to the provisions of the preceding Paragraph shall be determined subject to assessment of loss to such Deposited Items by the insurer.
  3. Scope of application of rental property insurance contract to be executed by the Company for Deposited Items pursuant to the provisions of Paragraph 1 of this Article shall be for the period between retrieval of the Deposited Items from the warehouse for the purpose of lease until return to the warehouse designated by the Company at the completion of the lease.

Article 26. Purchase of Product Liability Insurance

  1. The Company shall, unless Artist Users express otherwise, purchase product liability insurance that covers the following damages by an insurer deemed appropriate by the Company, for Deposited Items of the Artist Users who selected the Storage Plan; provided, however, with respect to Deposited Items redeposited with other warehouse operators, such warehouse operators receiving the redeposit shall purchase insurance by an insurer it deems appropriate:
    1. In case a User who rented the Deposited Item suffers injury caused by the Deposited Item.
  2. The amount of insurance for the product liability insurance to be executed by the Company for the Deposited Items pursuant to the provisions of the preceding Paragraph shall be the amount determined by the insurer.
  3. Scope of application of product liability insurance contract to be executed by the Company for Deposited Items pursuant to the provisions of Paragraph 1 of this Article shall be for the period between retrieval from the Deposited Items from the warehouse for the purpose of lease until return to the warehouse designated by the Company at the completion of the lease.

Article 27. Determination of Amount of Cover

  1. When determining the amount of cover under the insurance prescribed in Chapter II. Articles 24 to 27, if an agreement cannot be reached between the Artist Users and the insurers, the Company may determine such amount subject to discussion with the insurer.
  2. Artist Users must, in case the Deposited Items incur damage and the price at the time of the damage, extent of damage and the amount of insurance payment is to be determined with the insurer, obtain approval by the Company for each such amount.

Article 28. Insurance Payment Procedure

  1. Artist Users must receive payment through the Company in case they are to receive payment of fire insurance.
  2. Artist Users must receive payment through the insurers in case they are to receive payment of product liability insurance and/or rental property insurance.

Article 29. Commencement and Termination of Liability

The Company’s liability regarding the Deposited Items commence at the time of delivery of the Deposited Items by the Artist Users to the Company, and terminates at the time the Artist Users collect the Deposited Items from the Company.

Article 30. Liability for Compensation and Onus of Proof by the Company

The Company shall be held liable for compensation of damages arising from loss or damages to Deposited Items unless it proves that it or its employees did not fail to exercise due care concerning storage and/or handling of Deposited Items.

Article 31. Liability for Redeposited Items

The Company shall be held liable for Deposited Items redeposited to other warehouse operators pursuant to the provisions of Chapter II. Article 13. Redeposit, as if the Company stored such Deposited Item in accordance with these Terms of Use.

Article 32. Compensation Amount

  1. The Company shall compensate Artist Users for damages arising from loss or damages to Deposited Items caused by reasons attributable to the Company.
  2. Even where the amount of damages in the preceding Paragraph exceeds the Deposit Price, the Deposit Price shall be deemed to be the limit of the amount of damages in the preceding Paragraph, and the Company shall not be held liable over the Deposit Price. In addition, if the damages are compensated with insurance prescribed in Chapter II. Articles 24 to 26, the Company’s liabilities shall be reduced by such amount of compensation.
  3. In case an accident such as damages in transport occur, Artist Users shall follow the terms and conditions set forth by the Company’s affiliated transport company. Notice of accident shall be made by either the Company or its affiliated transport company, and actual compensation measures shall be taken by such affiliated transport company
  4. Damages in Paragraph 1 of this Article while the Deposited Items are on lease by the Artist Users shall be pursuant to Chapter II. Article 25. Purchase of Rental Property Insurance, or Chapter II. Article 26. Purchase of Product Liability Insurance.

Article 33. Lapse of Liabilities

  1. Liabilities of the Company concerning damages caused by partial loss or damages to the Deposited Items shall lapse one year from the collection of the Deposited Items by the Depositor from the Company; provided, however, if the Company has knowledge of such damage, the period shall be five years.
  2. Liabilities of the Company concerning damages caused by complete loss of the Deposited Items shall lapse five years from the notice of loss to the Depositor by the Company.

Article 34. Special Events for Lapse of Liabilities

  1. Notwithstanding the provisions of the preceding Articles, liabilities of the Company concerning damages caused by partial loss or damages to the Deposited Items shall lapse unless the depositor dispatches a notice to the Company indicating “partial loss or damages to the Deposited Items” within one week from the receipt of the Deposited Items.
  2. Provisions of the preceding Paragraph shall not be applicable in case the Company has knowledge of partial loss or damages to the Deposited Items at the time of return of such Deposited Items.

Article 35. Compensation Liability of Depositors

Depositors shall be liable for compensation of damages incurred by the Company in relation to Deposited Items; provided, however, the same shall not apply where the depositor did not know of the characteristics or defects without negligence, or the company had knowledge of such characteristics or defects.

Article 36. Payment of Amount Equivalent to Storage Fees for Delayed Delivery

Depositor must, in case Deposited Items are not delivered on the promised date, pay an amount equivalent to the Storage Fees for the Deposited Items from such date to the earlier of the day before delivery or the day the Deposit Contract is terminated.

Article 37. Payment of Amount Equivalent to Storage Fees for Delayed Collection

Depositor must, in case Deposited Items are not collected pursuant to the provisions of Paragraph 4 of Chapter II. Article 8. Termination of Contract, pay an amount equivalent to the Storage Fees for such Deposited Items.

Section 8. Payment of Fees

Article 38. Arrears

Depositors must, in case they do not pay the amounts in the preceding Article by the date designated by the Company, pay arrears at the rate of six percent per annum from the day after such date until the date of payment.

Article 39. Liability for Fees regarding Lost Deposited Items

The Company may, in case of loss of Deposited Items, claim fees until the date of such loss against the depositor; provided however, the same shall not apply to the Storage Fees for the storage period (month) in case the Deposited Items are lost due to reasons attributable to the Company.

Article 40. Restriction on Assignment

Artist Users may not transfer, assign, or pledge as collateral, all or part of rights and obligations under the Deposit Contract to a third party without prior written consent by the Company.

Article 41. Treatment in Case of Death of Artist Users

  1. In case Artist Users become deceased, persons listed in the following Paragraph shall be treated as a person with rights and obligations regarding the Deposit Contract (including but not limited to the obligation on collection of Deposited Items in conjunction with the termination of the Deposit Contract) (“Successor” hereinafter); provided, however, if there is a testamentary executor who delivers the Deposited Items to the Successor, notwithstanding the provisions of the following Paragraph, such testamentary executor shall be treated as the Successor.
  2. Successor in the preceding Paragraph shall refer to the spouse, child, parents, grandchildren, grandparents, and siblings of the Artist Users, as well as persons who maintained living through support from the Artist Users and persons who maintained living of Artist Users at the time of death of the Artist Users.
  3. In case there are multiple Successors as defined in the preceding Paragraph, the person with prior order as listed in such Paragraph shall be the Successor.
  4. In case there are multiple Successors with the same priority in the preceding Paragraph, the Company may select one as the Successor. In such case, performance of obligations by the Company to such person pursuant to the Deposit Contract shall discharge the Company from liabilities in regard to relationship with other Successors.

Section 9. Treatment of Individual Items

Article 42. Registration/Exhibition of Individual Items

  1. Artist Users shall, in case they wish to lease or sell Individual Items, apply to the Site for registration of such Individual Items using the method separately designated by the Company. Artist Users who select the Standard Plan may not lease Individual Items.
  2. Notwithstanding the provisions of the main text of the preceding Paragraph, Artist Users may request the Company for application to register in the preceding Paragraph regarding Individual Items included in Deposited Items. In case Artist Users request the Company for application to register Individual Items, such Artist Users are deemed to have agreed in advance for the Company to unseal, sell, and/or lease the Deposited Item.
  3. The Company shall, in case Artist Users make an application for registration of Individual Items or deliver Deposited Items pursuant to these Terms of Use, unseal the Deposited Items upon delivery, take photographs of Individual Items and register the category of Individual Items (such registered information shall be referred to as the “Registration Contents” hereinafter) with due care of prudent manager; provided, however, the Company shall not accept demands and requests regarding photographs of Individual Items, and shall be held liable for damages related to the Registration Contents despite handling with due care.
  4. The Company shall interrupt unsealing of Deposited Items in case abnormalities are observed on the exterior at the time of delivery of the Deposited Items, and notify the Artist Users of the fact without delay.
  5. The Company shall determine whether Individual Items in the Registration Application shall be included in items for lease or sale at its own discretion.
  6. Artist Users can confirm the Registration Contents from these Sites.
  7. Artist Users agree to the Company conducting the following acts as necessary; provided, however, the Company is not obligated to conduct such acts:
    1. Edit and select Registration Contents at the discretion of the Company; and
    2. Use the Registration Contents and Deposited Items for Gallery Services at the discretion of the Company.
    Artist Users confirm that they cannot obtain sales, fees, or other consideration merely by having the Registration Contents posted on these Sites.
  8. Artist Users may not request the Company to change the Registration Contents unless the Registration Contents are found to differ from fats, or such request is made at the expense of the Artist Users.
  9. Artist Users shall confirm the Registration Information of Individual Items, and enter additional necessary information for the Individual Items (mandatory information for these Sites including the title, price, and category of work) and other information requested by the Company (Artist Users’ profile and comments, etc.). Artist Users may designate the price of Individual Items between five thousand and three-hundred thousand yen. Individual Items will be made public on these Sites from the time additional necessary information is entered, available to the Members for viewing, purchase and/or lease.
  10. Artist Users must, in case they request registration and deposit of Individual Items to the Company, store the number of Individual Items designated by the Company or less as Deposited Items. In case Individual Items stored exceeds the number designated by the Company, Artist Users must make additional application for the Service. In case the Artist Users do not make additional application for the Service by the deadline designated by the Company, the Company may return such Individual Items to the Artist Users. In such case, Artist Users shall bear the expenses required for such return.
  11. The Company shall, in case abnormalities such as damages are observed for Individual Items, interrupt registration of Individual Items, and notify such fact to the Artist Users without delay; and the Artist Users must take measures without delay in accordance with instructions by the Company.
  12. The Company may, in case there is doubt regarding notes on storage and/or handling during the storage period of the Deposited Items, unseal the Deposited Items and inspect Individual Items subject to consent by the Artist Users. The Company may, notwithstanding the provisions of the preceding Paragraph, inspect the Individual Items without consent from the Artist User in case there is no time to obtain consent from the Artist User and there is justifiable reason such as assumption of abnormality regarding the contents from the exterior of the Deposited Items.
  13. Registration of Individual Items under this Service shall be limited to Individual Items created by the Artist Users himself/herself, and Individual Items for which registration was permitted by its creator.
  14. Artist Users shall permit the Company, to the extent necessary for operation and/or provision of the Service, to accumulate images regarding Deposited Items in the database of the Company and its affiliated corporations; to post them on these Sites and the sites of the Company’s affiliated corporations; and to otherwise use them to the extent deemed necessary by the Company (including processing, saving, disposing and posting).
  15. Artist Users shall represent and guarantee that the transfer or lease of Individual Items in this Service does not infringe on copyrights and other intellectual property rights, ownership rights, possessory rights, or any other rights of third parties.

Article 43. Retrieval of Individual Items

  1. Artist Users may request the Company for retrieval of Individual Items in deposit using these Sites.
  2. The Company shall engage in deposit, retrieval and dispatch of Individual Items with the duty of due care of prudent manager; provided, however, the Company shall not be held liable for damages incurred despite handling by the Company with due care.
  3. Retrieval or Individual Items in this Article shall be limited to where the registration of Individual Items has been completed and the Deposited Items are stored in the warehouse designated by the Company. Deposited Items may not be retrieved if they are on lease.
  4. Payment of retrieval fees (referring to the retrieval fees in Attachment 3. Paragraph 4) shall be made in lump-sum, with a credit card or cash on delivery.

Article 44. Delivery and Return of Deposited Items

All delivery and return of Deposited Items or Individual Items in this Service shall be made through parcel delivery service designated by the Company. Delivery and return by Artist Users at shop front is not available; provided, however, delivery and return by Artist Users at shop front may be made for some Individual Items permitted by the Company at time and date designated by the Company.

Article 45. Leasing of Individual Items

  1. Artist Users using the Storage Plan agree to leasing of Individual Items by requesting the Company for registration of Individual Items. Artist Users using the Storage Plan cannot lease Individual Items, and Individual Items available for lease will be limited to Individual Items deposited with the Company under the Storage Plan.
  2. Artist Users may not lease Individual Items to third parties other than Members of this Service while they are using exhibition services.
  3. Individual Items become available for lease after completion of registration of such Individual Items.
  4. In this Service, if Individual Items in Attachment 1 are leased, the Company may cancel the application for lease without permission from Artist Users, and return or dispose such Individual Items at the expense of such Artist Users.
  5. Minimum lease period for Individual Items shall be one month from the application for lease by a Member seeking rental of an Individual Item by Artist User through a method designated by the Company (“Lessee” hereinafter) (more precisely, until the end of the month of the application for lease by the Lessee); provided, however, if the Lessee wishes extension of lease period, or delays return of Individual Items, lease period for the Individual Item shall be extended.
  6. Artist Users consent to receipt of fees prescribed in Attachment of “Terms of Use for Users” by the Company from Lessees in relation to the leasing of Individual Items. Artist Users shall not obtain sales, fees, or other consideration in conjunction to the leasing of Individual Items to the Lessee.
  7. Artist Users may not rent Deposited Items deposited by themselves.

Article 46. Sale of Individual Items

  1. Regardless of selected Plans, Artist Users are deemed to have agreed to sale of Individual Items by the Company by requesting registration of Individual Items, unless they notify that they cannot agree to sale of an Individual Item (not for sale items) using a method designated by the Company.
  2. Individual Items made available for sale in this Service can only be sold through this Service.
  3. Sale of Individual Items in this Service are made using the purchase/sale system. Purchase/sale system in this Service refers to a system where subject to the deposit of the Individual Item to the Company or delivery by the Artist User, Members who wish to purchase Individual Items of Artist Users (“Purchasers” hereinafter) makes a purchase application using a method designated by the Company, whereby the Company simultaneously purchases the Individual Items from the Artist Users selling their Individual Items using a method designated by the Company at the sales price registered by such Artist Users in advance, and sells the same to the Purchaser at such price. The Company may sell Individual Items through these Sites or using a third party service as designated by the Artist User.
  4. In case the Purchaser wishes to purchase Individual Items deposited with the Company, the Company shall purchase and ship such Individual Item at the expense of the Purchaser. In case the Purchaser wishes to purchase Individual Items not deposited with the Company, Artist Users shall ship such Individual Items to the Company within seven days from receipt of instructions by the Company in accordance with such instructions at the expense of Artist Users. In such case, the Company shall inspect the Individual Items after receipt in accordance with Chapter II. Article 15, and ship to the Purchaser at the expense of the Purchaser.
  5. Artist Users may change the price of Individual Items at their will after such price has been set, using the method designated by the Company, within the range prescribed in Chapter II. Article 42, Paragraph 9; provided, however, such price may not be changed if the Individual Items are on lease or being retrieved, or the purchase application for such Individual Items have already been completed.
  6. The Company shall sell Individual Items to Purchasers through this Service, and when the amount equivalent to the sale price is received from the Purchaser, pay the amount of sales (amount calculated by deducting the fees in Attachment 3, Paragraph 3 from the price of Individual Items) to the Artist Users in accordance with Chapter II. Article 48.
  7. In this Service, if Individual Items in Attachment 1 are sold through this Site, the Company may cancel the application for sale without permission from Artist Users, and return or dispose such Individual Items at the expense of such Artist Users.
  8. Artist Users agree in advance that if all of the conditions below in this Paragraph are met, Individual Items may be returned within eight days from the purchase of such Individual Items by the Purchasers:
    1. Explanation regarding the Individual Items on sale differ significantly from the content of the items purchased by the Purchaser;
    2. Items purchased by the Purchaser differ significantly from the photographic date used for Guarantee prescribed in Chapter I. Article 22. Guarantee of Deposited Items; and
    3. The Company agrees that such Individual Items satisfy the conditions in each of the preceding Items.
  9. In case of return of items pursuant to the preceding Paragraph, the purchase and sale agreement between the Company and the Artist User for the Individual Item shall be canceled, and the obligation of the Company to pay the sales amount to such Artist User shall lapse.
  10. Artist Users may not purchase Deposited Items deposited by themselves.

Article 47. Processing and Repair of Individual Items

Artist Users agree that the Company may process or repair Individual Items as necessary, subject to notice to the Artist Users; provided, however, the Company is not obligated to process and/or repair Individual Items.

Article 48. Sales

  1. Artist Users shall, when invoicing the Company for sales, make a transfer request using a method designated by the Company.
  2. The Company shall, when in receipt of a transfer request, aggregate transfer requests as of the end of each month, and make payment by the end of the following month.
  3. Payment of sales shall be made by the Company making a bank transfer to the bank account designated by the Artist Users. Transfer fees shall be borne by Artist Users.

Supplementary Provisions
Established and effective as of October 6, 2015
Revised June 3, 2016
Revised March 24, 2017
Revised July 13, 2017

Attachment 1


Artist Users may not apply for deposit of works including items listed in the following Items:

  1. Cash, securities, passbooks, postal stamps, revenue stamps, deeds, material documents, seals, credit cards, and cash cards, etc.;
  2. Expensive or valuable items such as rare metal, antiques, jewelry, artifacts, fur, and kimono;
  3. Fragile items such as precision instruments, glass products, china and porcelain, and Buddhist altars;
  4. Items that affect other Deposited Items by generating magnetic fields;
  5. Flammables such as kerosene, gasoline, gas canisters, matches, lighters, and paints;
  6. Hazardous or deleterious materials such as agrochemicals, poison, gunpowder, toxin, chemicals, or radioactive materials;
  7. Food, animals, and plants (including seeds and seedlings);
  8. Liquid;
  9. Items that disseminate or is likely to disseminate abnormal or bad odor;
  10. Waste;
  11. Items that are prohibited to possess by laws and regulations;
  12. Items that infringe copyrights, portrait rights, or other rights of third parties;
  13. Items that have not obtained permission for registration from their creators;
  14. Items that violate public order and good moral;
  15. Items that are mass produced/manufactured;
  16. Items with purposes other than leasing and/or sales;
  17. Items that the Company determine are likely to cause injury or accidents to Users by their use; and
  18. Items that otherwise do not meet the inspection criteria by the Company.

Attachment 2

Artist Users shall apply for one of the following two plans regarding Individual Items.

Plan Name Summary
(Details are based on the text of the Terms of Use)
Standard Plan
  • Items may not be deposited.
  • Items are exhibited on the online Gallery.
  • Items (exhibited works) are not leased, and are available for sale only.
  • Artist Users are to photograph and register Individual Items.
  • When the work is sold, sales is paid pursuant to these Terms of Use.
Storage Plan
  • Flat items with the sum of length, width, and height within 160 cm may be deposited.
  • Items are exhibited on the online Gallery and physical Gallery.
  • Items (exhibited works) are available for lease and sale.
  • The Company is to photograph and register Individual Items.
  • When the work is sold, sales is paid pursuant to these Terms of Use.

Attachment 3

【Table of Fees】

1. Membership Registration Fee:980 JPY (including consumption tax)

2. Storage Fee

  • Artist Users shall pay the following Storage Fee. Storage Fees are not prorated on daily basis, but as monthly fees.
  • Deposit Price shall be 10,000 yen per item.
Contracted Item Measurement Monthly Storage Fee
(including consumption tax)
Standard Plan - 0 JPY
Storage Plan Flat items with sum of length, width and height within 160 cm 162 JPY per item

3. Fee (at time of sale)

Stored Item Fee (including consumption tax)
Standard Plan 20% of Price of Work
Storage Plan 30% of Price of Work

*Bank transfer fee 324 JPY (including consumption tax) shall be borne by the Artist Users.

4. Retrieval Fee

Stored Item Fee (including consumption tax)
Standard Plan -
Storage Plan 1,058 yen per item

Chapter III. Purchase and Lease

“Purchase and Lease” (“Chapter III” hereinafter) sets forth the treatment when using the purchase/rental of Items and incidental services provided through BAZART (“Purchase and Lease Service” hereinafter).

Users of Purchase and Lease Services (“Users” hereinafter) shall use the Purchase and Lease Services at their own determination and responsibility, based on sufficient understanding and approval of the contents of Chapter I and other related terms of use, and in accordance with designated procedures and methods separately established by the Company.

1. Purchase and Lease Fees

  1. Fees for the Purchase and Lease Services shall be set forth in Attachment 4.
  2. Users shall make lump-sum payment of fees and consumption taxes arising from the use of the Purchase and Lease Services with a credit card issued by a credit card company approved by the Company, in accordance with the membership rules of such credit card company, unless otherwise provided or with consent by the Company.
  3. When making the payment in the preceding Paragraph, Users shall use a credit card with the same cardholder name as the User.
  4. In case the credit card cannot be settled due to the expiry of the User's credit card or other circumstances, the User shall immediately pay the unpaid fees in accordance with the method designated by the Company. In case a dispute arises between a User and such credit card company in relation to the fees or other obligations, such dispute shall be resolved between the parties, and the Company shall not be held liable in any way.

2. Rental of Items

  1. Users may apply to the Company using these Sites for rental of Items that are listed on these Sites and stored at the Company’s warehouses.
  2. Minimum rental period for each Item shall be one month (more accurately, until the end of the month of the rental application date).
  3. Users shall make lump-sum payment of rental fees to the Company for the minimum rental period (one month) pursuant to Paragraph 2 of the Attachment. Settlement fees for the User’s credit card used for the rental of Items shall be borne by the Company.
  4. Rental Fees are incurred from the date of rental application, and shall not be prorated on daily basis regardless of the rental application date or the return date. The Company shall not refund the rental fee even if the User returns the Item prior to the expiry of the rental period.
  5. In case the Item is not returned to the warehouse designated by the Company after the minimum rental period, rental period is automatically extended by a month. In case the Item is not returned within the extended rental period, rental period shall be extended automatically by a month in the same manner until the rental period reaches six months (more accurately, the end of the fifth month from the rental application date).
  6. Payment obligation for the extended period in the preceding Paragraph shall occur on the first of each month, and the User shall pay the Extension Fee in Paragraph 3 of the Attachment on the first of each extended month. Payment obligation for such extension fee shall continue regardless of return of the Item by the User prior to the expiry of the extension period. Extension fee will not be refunded even if the User returns the Item prior to the expiry of the extension period, subsequent to the payment of the extension fee.
  7. Users may purchase the leased Item during the rental period.
  8. Users shall, in case the rental period for the Item exceeds six months (more accurately, the end of fifth month from the rental application date), purchase the Item at the price designated by the Artist Users.
  9. In case of Paragraphs 7 and 8 of this Article, notwithstanding the provisions of Article 4, Paragraph 4, Users may not return the Item.
  10. Users shall, in case the rented Items are to be used for secondary use or commercial purposes, notify such purpose of use at the time of rental application using a method designated by the Company; provided, however, the Company may deny such secondary use or use for commercial purpose at its discretion. Furthermore, Users shall credit the name of the Company and the Artist User in case rented work is to be published in the media, etc.
  11. Rented Items may not be leased or transferred to a third party regardless of purpose.
  12. Users shall confirm the conditions of rented Items promptly at time of arrival, and in case damages or loss of parts and attachments (“Damages” hereinafter) are found, shall notify the Company within two days from the date of arrival or the Items.
  13. Preceding Paragraph shall be applicable to cases where Damages occur in the process of transport by operators for return of Items, and the liabilities of the transport operators are to be handled and resolved separately between the User and the transport operator.
  14. In case Users who rented Items do not make payment of designated rental fees, extension fees, and/or purchase price prescribed in Paragraph 8 of this Article, etc., such Users must pay arrears to the Company at the rate of six percent per annum from the day after such date until the date of payment.

3. Compensation

  1. The Company shall, in case Damages are found on Items that have been returned after rental by Users at the time of inspection at the Company’s warehouse, compensate the creator of the Item (“Artist Users” hereinafter) in accordance with the insurance purchased by the Company; provided, however, Users shall compensate the Artist Users for the full amount of loss or Damages in case Damages to the Items are caused by willful acts or gross negligence of the Users.
  2. In case the Item causes injury or accident to the User, the Company shall compensate the User in accordance with the insurance purchased by the Company.

4. Purchase of Items

  1. Users may purchase Items exhibited on these Sites. Settlement fees for the User’s credit card used for the purchase of Items shall be borne by the Company.
  2. The Company shall not be held liable in any way with regards to disputes arising from purchase of Items through the Purchase and Lease Services between the Artist Member, User and third party, and such disputes are to be resolved among the disputing parties; provided, however, the Company may take necessary measures for resolution of such dispute at its own discretion.
  3. Users are deemed to have consented to the Standard Trunk Room Contract upon purchase of the Items.
  4. Users may return the purchased Items, if all of the following conditions in this Paragraph are met, and notifies the Company using the designated method within eight days from the purchase of such Item:
    1. The photograph presenting the Item on these Sites and the purchased Item differ significantly; or
    2. The photograph presenting the Item on these Sites and the purchased Item differ significantly;/li>
    3. The User has not rented the Item prior to purchase of such Item;
    4. The User resides in Japan, and the purchased Item is located in Japan; and
    5. The Company agrees that such Individual Items satisfy the conditions in each of the preceding Items.
  5. In case the User returns an Item falling under the preceding Paragraph to an address designated by the Company, the Company shall promptly make a refund to the User.
  6. Users may not purchase and resell Items exhibited on these Sites.

5. Delivery of Items

  1. The Company shall, in case a User rents or purchases Item on these Sites, ship such Item to the address designated by the User using the transport operator (parcel delivery service) designated by the Company at the expense of the User. Delivery fees shall be in accordance with Paragraph 4 of the Attachment.
  2. Users shall designate an address in Japan as delivery address for the Items rented through these Sites. Users may designate an address in Japan or out of Japan for Items purchased through these Sites.
  3. The Company may, when shipping the Item under the provisions of this Article, provide information concerning the User necessary for the shipping of the Item to the transport operator, and the User shall agree to this in advance.

Established and effective as of October 5, 2015
Revised June 3, 2016
Revised July 13, 2017
Revised August 1, 2017
Revised November 25, 2017