XCITY Membership Agreement
Alcemia Inc. XCITY internet office (hereafter called "XCITY office") provides this Agreement on website subject to the following conditions. As an XCITY member, you signify your agreement to it by joining and using XCITY website and its internet services (hereafter called "XCITY") that are provided by XCITY office.
This document forms a legally binding agreement between XCITY Office and Members in relation to your use of XCITY.
Article 1 (CONTROL AND MODIFICATION)
- 1. XCITY office shall provide changes and/or modifications of rules and conditions on XCITY website from time to time.
- 2. XCITY office may change this Agreement without notice. XCITY office also reserves the right to modify the price of any services and merchandise. All changes and modifications must be posted on XCITY website, and your use of the website after such changes will mean that you accept them.
- 3. All changes and modifications of this Agreement shall be in effect from a point in time when they are posted on this website unless XCITY office notices separately.
- 4. XCITY office shall notice information to you at any time via email, on the website, or other methods that are considered to be effective.
Article 2 (MEMBERSHIP)
- 1.You will be qualified as an XCITY Member when you complete the registration for XCITY after you agree the terms of this Agreement, send applications to XCITY office, and receive an approval to join XCITY from XCITY office.
- 2. Completion of all procedures to become an XCITY member means that you agree and accept every content of terms on this Agreement.
- 3. You must have all devices (e.g., computers, modems, software, etc.) and internet connection and are responsible for all of them to use XCITY services.
Article 3 (MEMBERSHIP QUALIFICATION)
- 1. All members must be eighteen (18) years old and over.
- 2. XCITY office issues identification numbers (hereafter called "ID") for each of those who are qualified and approved of being XCITY members.
- 3. Membership may NOT be approved if you:
- (a) do not give correct information to XCITY office when you register;
- (b) have been expelled from XCITY for the reason of an act in violation of the Agreement;
- (c) have refused to pay fees or have overdue to XCITY office;
- (d) have your credit cards or bank account that XCITY designate for payment suspended by the financial institutions;
- (e) are 17 years old or younger, a person adjudged incompetent, or a quasi-incompetent person, and you have no approval by your legal representative;
- (f) are considered as a fictitious character;
- (g) have overdue and/or have been suspended from XCITY because of violations of the Agreement at the time of registration, or;
- (h) are considered as an inappropriate person for XCITY membership.
- 4. XCITY office reserves the right to suspend or cancel your membership from XCITY after your ID is issued if we find you meet any of these problems above.
- 5. When you're suspended or canceled your membership after your ID is issued, you have all responsibility to pay the whole amount of fees by means of designated.
Article 4 (HANDLING OF ID AND PASSWORD)
- 1. You may not transfer, loan, share, sell, or secure your ID and password. You have no right to let others use your ID and password.
- 2. You have all responsibility for the handling of your ID and password. You shall be called to account for all liability if a third party use your ID and password, and XCITY office and our program provider shall not have no responsibility for such incident.
- 3. You must report as soon as you find that a third party use or may know your ID and password illegally.
- 4. Unless you report it immediately, we have no responsibility when you have damages or losses because a third party use your ID and password illegally.
Article 5 (NOTIFICATION OF CHANGES)
- You are expected to notify any changes of your address, bank account, credit card number, credit card expiration date, or personal information promptly to XCITY office.
- 2.Members will take all responsibilities if they cause any damage to XCITY Office or Program Provider because of negligence in changing information. XCITY will have no obligation if a loss is inflicted on Members because of negligence in changing information.
- 1. You agree that XCITY office collects and manages your information you give us.
- 2. XCITY office uses your information only for XCITY operation and management. XCITY office may share or release the information when:
- (a) XCITY office needs to email you for getting member's agreement upon the use of personal information;
- (b) you agree to share your information with others, or;
- (c) XCITY office is required to share your personal information and non-personal information pursuant to judicial or governmental subpoenas, warrants, or orders.
Article 7 (COPYRIGHT)
- XCITY office and our program providers hold all the copyright for every content on XCITY website except for member's information.
Article 8 (PROGRAM SERVICES)
- 1. XCITY office makes decisions and manages all programs and services provided on XCITY. XCITY office reserves the right to change or cancel these programs and services without notice. In such cases, XCITY office shall post such changes on XCITY website as soon as possible.
- 2. XCITY office may suspend or cancel XCITY services without notice when:
- (a) XCITY office needs to perform regular or emergency maintenance;
- (b) XCITY office cannot provide services for reasons of a fire, a blackout, or an interference by a third party;
- (c) XCITY cannot provide services for reasons of natural disasters such as an earthquake, a volcano eruption, a flood, or a tsunami;
- (d) XCITY cannot provide services for reasons of a war, an upheaval, a riot, sedition, or a labor dispute;
- (e) XCITY is prohibited from providing services by law, by administrative guidance, or by court orders, or;
- (g) XCITY needs to suspend from providing services for reasons of proper management or technical problems.
- 3. XCITY office shall stop all XCITY services with at least three (3) months notice. The announcement of discontinuing services shall be made through the means that it offers.
- 4. You agree that you may be able to use only limited services based on the process of registration or your payment method.
- 5. Neither XCITY office nor our program providers have responsibility for damages and losses that you suffer because of delay, suspension, or discontinuing of XCITY services.
Article 9 (PROHIBITION OF DIVERTING SERVICES)
- You may not divert, use, or share any services and data on XCITY with third parties. You may not trade on any content on XCITY for business of you or third parties.
- * Copyright Act Article 119: A person who infringes on the copyright, right of publication or neighboring rights (omission) or commits an act deemed to constitute an act of infringement on the copyright or neighboring rights (omission) shall be punishable by imprisonment with work for a term not more than ten years or by a fine of not more than ten million Yen, or by both.
Article 10 (PROHIBITION)
- 1. You may not register at XCITY with information, or act to use information including:
- (a) expressions obviously against law, or public order and standards of decency;
- (b) relation with criminal acts;
- (c) infringement of copyright, business secrets, publicity, property rights, or personal rights including name and privacy of XCITY, or other members, or third parties;
- (d) slander and abuse against XCITY, other members and third parties;
- (e) contents with harmful computer programs, such as spyware and computer virus;
- (f) impediment expressions to operate XCITY properly.
- (g) contents that have to be deleted upon requested by judicial or governmental subpoenas, warrants, or orders;
- (h) illegal use of membership ID;
- (i) programs, software, or devices for clearing or avoiding access control by the server, or;
- (j) contents and expressions that XCITY office consider to be inappropriate.
- 2. When you cause other members or third parties damages and losses while using XCITY, you have all liability for them on both physically and financially. XCITY office reserves the right to claim damages and losses from you when you violate this Agreement and cause XCITY office or program providers damages and losses.
Article 11 (DELETION OF INAPPROPRIATE INFORMATION)
- XCITY office shall delete any information, without notice, if it may be considered to violate the terms above.
Article 12 (USE OF ONLINE SHOPPING)
- Although XCITT office act as an intermediary in online shopping between you and our program providers, such as receiving your purchase orders, XCITY office has NO responsibility for goods and services you purchase from the program providers. XCITY office has NO liability for any goods and services provided by the program providers.
Article 13 (FEES)
- 1. You have to obey the regulations of fees and payments for XCITY. The program providers may settle different methods of payments for online shopping.
- 2. You pay all taxes and charges in addition to fees. You also pay any cost, such as handling fee, as well.
Article 14 (Payment)
- 1. XCITY requires any of payment methods below.
- (a) pay by credit card
- You may pay by a credit card under your name issued by the financial institution that XCITY office designate in accordance with its rules.
- (b) automatic payment from bank account
- You may use automatic payment from your bank account. You need to notify your bank account numbers using a specified paper provided by XCITY. Please remember that you have to choose one of these method for the first payment: by COD, by wire transfer, or by registered mail.
- (c) other method approved by XCITY office
- 2. XCITY office has NO responsibility when you are involved in a dispute with delivery companies or financial institutions.
Article 15 (CANCEL PAID SERVICES)
- 1. When you would like to cancel pay services, you have to notify it to XCITY office through the prescribed form. Your debt shall be settled at the moment XCITY office receives your request, and you have to pay the whole amount immediately. Please remember that XCITY office does NOT refund the fees you've paid in all cases.
- 2. In case of your death, XCITY office starts processing your cancellation at the moment it's notified.
Article 16 (WITHDRAWAL)
- 1. When you decide to withdraw from XCITY, you need to make a request via online or through the prescribed form.
- 2. In case of your death, XCITY office starts processing your withdrawal at the moment it's notified.
Article 17 (EXPULSION)
- 1. XCITY office reserves the right to suspend your ID or to expel you from XCITY, if you are considered to meet one of below:
- (a) You give XCITY office incorrect information at registration;
- (b) You express that you do not obey this agreement, or you do not follow a request from XCITY office not to violate this Agreement;
- (c) You use the information improperly, or you alter the information;
- (d) You use ID or password improperly;
- (e) You overdue, or refuse to pay the fees;
- (f) Your credit card or bank account for the payment is suspended by the financial institutions, or you are involved in a dispute with such institutions;
- (g) You violate this Agreement;
(h) You conduct interference with XCITY office's duty, or your threat and coerce hinder its business, or;
- (former-(h) is merged into (b) )
- (i) You are considered to be inappropriate as a member by XCITY office.
- 2. If you are expelled from XCITY, you have to pay all the debt immediately. XCITY office does NOT refund the fees you've paid at any time.
- 3. When your conducts cause XCITY damages and losses, XCITY office reserves the right to claim you all compensation regardless of your status on XCITY.
Article 18 (TEMPORARILY SUSPENSION)
- XCITY office may suspend all or partial of its services temporarily without notice and without any liability, if:
- (a) you overdue or do not make payment of the fees;
- (b) XCITY notices that a third party may use your personal or non-personal information without permission;
- (c) XCITY office fails to contact you by phone or via email;
- (d) the credit card or the bank account is not under your name, or;
- (e) XCITY office considers it necessary.
Article 19 (EXEMPTION CLAUSE)
- 1. XCITY office expresses NO guarantee of reliability, accuracy, or usefulness in XCITY contents or in information that you acquire through XCITY.
- 2. XCITY office has NO liability for your damages and losses caused while you are using XCITY, including for reasons of disputes between you and third parties, regardless of your observance of this Agreement.
Article 20 (DISPUTES AND JJURISDICTION)
- 1. In case that neither this Agreement nor proposals by XCITY office can be settle disputes between you and XCITY office, both of the parties concerned shall consult to solve them.
- 2. Any dispute between you and XCITY office shall be adjusted and settled at Tokyo District Court or Tokyo Summary Court, and you consent to exclusive jurisdiction and venue in such courts.
Article 21 (APPLICABLE LAW)
- This Agreement will be governed by the law of Japan applicable to contracts entered into and performed exclusively in that country.
Article 22 (ADDITIONAL RULES)
- 1. The term of "cancel" indicates "canceling paid services" in this Agreement.
- 2. The term of "withdrawal" indicates that your XCITY ID is deleted with your withdrawal from XCITY free membership.
- 3. You may change your information and request withdrawal from XCITY at any time by completing and sending XCITY office the prescribed form on MYXCITY page.
Effective as of December 12th, 2002
Last Updated: Jul 7th, 2010