Terms of Use / Store Listing Account Terms
When using Recoya, please read the following terms carefully and use the service only if you agree to them.
Recoya Terms of Use
In using Recoya (hereinafter referred to as the “Service”), you are required to read and agree to all provisions of these Recoya Terms of Use (hereinafter referred to as the “Terms”).
Article 1 (Application)
These Terms set forth the conditions governing the use of the Service provided by the operator of Recoya (hereinafter referred to as the “Operator”). Any user shall be deemed to have agreed to all provisions of these Terms at the time they use the Service in any manner whatsoever, including viewing store information, viewing or posting user content, or otherwise using the Service.
Any rules, guidelines, notes, or similar matters regarding the use of the Service posted by the Operator on the Operator’s website shall constitute a part of these Terms.
If the content of these Terms differs from the content of any rules set forth in the preceding paragraph or any other explanation regarding the Service outside these Terms, these Terms shall prevail; provided, however, that if the user and the Operator enter into a separate agreement (hereinafter referred to as an “Individual Agreement”) in writing or by electronic means regarding the use of posted content or any other matter, the provisions of such Individual Agreement shall prevail over these Terms.
In addition to these Terms, users who are Listed Store Users or users of Store Listing Accounts shall also be subject to the “Store Listing Account Terms” and any other rules separately prescribed by the Operator.
If the supplementary terms or other rules referred to in the preceding paragraph differ from these Terms, such supplementary terms or other rules shall prevail with respect to the use of Store Listing Accounts.
Article 2 (Definitions)
(1) “User” means any person who views or uses the Service, regardless of whether they have registered as a member.
(2) “Member” means an individual or entity among Users who has been registered as a user of the Service pursuant to Article 3 (Registration).
(3) “General User” means a Member who uses the “Dug It” feature for listed stores or other standard functions separately prescribed by the Operator.
(4) “Listed Store User” means a Member who has been granted editing authority for a listed store page, pursuant to rules separately prescribed by the Operator, with respect to a listed store that such Member operates or rightfully manages.
(5) “Posted Content” means any and all information posted, transmitted, or published by a Member on the Service, including text, images, videos, audio, “Dug It” comments, descriptions, articles, and any other content.
(5)-2 Text, images, logos, and other content entered, transmitted, posted, or uploaded by a Listed Store User as store information shall be treated in the same manner as Posted Content.
(6) “Content” means text, images, videos, audio, and any other data.
(7) “Registration Information” means a nickname, email address, password, and any other information specified by the Operator that is required for a Member to use the Service.
(8) “Operator Website” means the website operated by the Operator whose domain is “https://recoya.net,” including any successor website in the event the domain or content of the Operator’s website is changed for any reason.
(9) “Intellectual Property Rights” means copyrights, moral rights, patent rights, utility model rights, design rights, trademark rights, and any other rights related to intellectual property, including the right to obtain such rights or to apply for registration thereof.
(10) “Listed Store” means a record store, music-related shop, event space, or any other store or facility registered on the Operator Website and designated by the Operator as a subject of listing on the Service.
(11) “Store Information” means the name, location, business hours, products handled, descriptions, images, and any other information specified by the Operator that is posted on the Service in relation to a Listed Store.
(12) “External Service” means any service provided by a third party other than the Operator, including social networking services, map services, payment services, and similar services.
(13) “Dug It” means comments or other similar information posted by a General User or Listed Store User regarding a Listed Store.
(14) “Bookmark” means a function that allows a User to save or favorite a Listed Store, article, or any other item designated by the Operator on the Service.
(15) “Store Listing Account” means an account issued by the Operator to a Listed Store User on the Service for the management of information relating to the relevant Listed Store.
Article 3 (Registration)
In order to post Posted Content or use member functions of the Service, a user must agree to these Terms and register the required Registration Information with the Service in advance.
The Operator may refuse registration, without prior notice or demand, if a person seeking registration under the preceding paragraph falls under any of the following items. The Operator may choose not to disclose the reason for such refusal.
(1) If all or part of the Registration Information is false, erroneous, or incomplete
(2) If the person is an anti-social force, etc. (meaning an organized crime group, member of an organized crime group, right-wing organization, anti-social force, or any equivalent person; the same shall apply hereinafter), or if the Operator determines that the person is involved in the maintenance, operation, or management of such anti-social force, etc. through funding or otherwise
(3) If the Operator determines that the person has previously violated the Service or any agreement with the Operator, or is related to such a person
(4) If the person has previously been subject to measures prescribed in Article 12 (Cancellation of Registration, etc.)
(5) If the person is already registered as a Member
(6) If the Operator otherwise determines that registration is inappropriate
A person who wishes to register as a Listed Store User or obtain relevant authority shall apply by the method separately prescribed by the Operator. The Operator may grant Listed Store User authority after confirming whether the applicant has the right to lawfully operate or manage the relevant Listed Store, as well as any other matters the Operator deems necessary.
Even after granting authority under the preceding paragraph, the Operator may suspend or revoke such authority if the Operator determines that it is inappropriate for the Listed Store User to continue to hold such authority.
Article 4 (Changes to Registration Information)
If there is any change to a Member’s Registration Information, the Member shall promptly notify the Operator of such change or correct it by the method prescribed by the Operator.
Article 5 (Management of ID and Password)
Members shall properly manage and store, at their own responsibility, the ID and password relating to the Service, and shall not allow any third party to use, lend, transfer, change the name of, or buy or sell such ID or password.
Members shall be responsible for any damages arising from inadequate management of an ID or password, errors in use, or use by a third party.
Article 6 (Posted Content and Store Information)
Members represent and warrant that they have the lawful right to post, transmit, or publish Posted Content and that such Posted Content does not infringe the rights of any third party.
General Users may not edit Store Information unless otherwise permitted by the Operator.
Listed Store Users may edit Store Information only for Listed Stores that they operate or rightfully manage, and only within the scope prescribed by the Operator.
Listed Store Users represent and warrant that, with respect to Store Information they edit, they have the lawful and proper authority to represent or manage the relevant Listed Store.
When editing Store Information, Listed Store Users shall endeavor to enter accurate and up-to-date information and shall not post false information, misleading information, or information that infringes the rights of any third party.
Listed Store Users shall not edit or attempt to edit Store Information for any Listed Store other than those for which they have been granted editing authority.
The Operator does not guarantee the accuracy, completeness, or timeliness of Store Information.
If the Operator determines it necessary for the operation of the Service, it may correct, hide, delete, or otherwise take any necessary measures with respect to Posted Content or Store Information.
If the Operator receives a complaint or request from a Listed Store, rights holder, or other third party based on alleged rights infringement, factual inaccuracy, or any other reasonable grounds, it may, as necessary, hide, delete, correct, or otherwise take any necessary measures with respect to the relevant information.
Article 7 (Ownership of Rights)
Copyrights and other Intellectual Property Rights in Posted Content shall belong to the Member who posted such Posted Content or to the third party who has licensed such rights to that Member.
Members grant the Operator the right to use Posted Content free of charge, on a non-exclusive basis, and without territorial limitation, to the extent necessary for the operation, improvement, advertising, publicity, introduction, editing, translation, summarization, reproduction, public transmission, display, distribution, and creation of derivative works in connection with the Service.
Members shall not exercise moral rights in Posted Content against the Operator or any third party authorized by the Operator.
Except for Posted Content, all Intellectual Property Rights related to the Operator Website, the Service, and all content included therein shall belong to the Operator or to third parties who have licensed such rights to the Operator.
The license to use the Service granted under these Terms does not constitute any transfer or license of the Intellectual Property Rights referred to in the preceding paragraph.
Article 8 (Prohibited Acts)
Users shall not engage in any of the following acts, or any acts that the Operator determines fall under any of the following, in connection with the use of the Service:
(1) Acts that violate laws or are related to criminal acts
(2) Fraud, threats, harassment, or defamation against the Operator, other Users, Listed Stores, or third parties
(3) Acts contrary to public order and morals
(4) Acts that infringe the Intellectual Property Rights, portrait rights, privacy rights, reputation rights, credit, or any other rights or interests of the Operator, other Users, Listed Stores, or third parties
(5) Posting, publishing, or transmitting through the Service any information that falls under any of the following:
・Information containing excessively violent or cruel expressions
・Information containing computer viruses or other harmful programs
・Information containing expressions that damage the reputation or credibility of the Operator, other Users, Listed Stores, or third parties
・Information containing excessively obscene expressions
・Information containing expressions that promote discrimination
・Information containing expressions that encourage suicide, self-harm, inappropriate use of illegal drugs, or similar conduct
・Information containing anti-social expressions
・Chain mail, spam, or any information that requests distribution to third parties
・Information containing expressions that cause discomfort to others
・Information contrary to the purpose of the Service or unrelated to it
(6) Intentionally posting, publishing, or spreading false information
(7) Registering information about a store that does not actually exist, or posting information that falsely suggests a store is currently operating while knowing that it has already closed
(8) Registering or editing Store Information based on incorrect information while knowing it is incorrect, or when an ordinary person could easily recognize it as incorrect
(9) Repeatedly editing Store Information without making any substantive additions or corrections
(10) Posting “Dug It” comments, reviews, evaluations, or similar postings that are not based on actual experience or reasonable grounds
(11) Pretending to represent a store or attempting to edit Store Information despite not being a Listed Store User
(12) A Listed Store User editing or attempting to edit information for a Listed Store for which they do not have authority
(13) A Listed Store User posting false information, exaggerated representations, information that infringes third-party rights, or other inappropriate information on their own store page
(14) A General User or Listed Store User using the “Dug It” function to engage in defamation, harassment, spread false rumors, or otherwise unfairly disadvantage a Listed Store or third party
(15) Requesting, inducing, or coercing other users to provide “Dug It” comments, reviews, ratings, likes, Bookmarks, or other similar reactions, whether for consideration or not
(16) Using the Service for the business, promotion, advertising, solicitation, or other profit-making purposes of the User or any third party without the Operator’s permission
(17) Promoting, recommending, or introducing a store, product, service, or event, etc. without disclosing the fact that such act was performed at the request or instruction of another person (including so-called stealth marketing)
(18) Posting false or unfairly negative content for the purpose of damaging the credibility of competing stores, products, services, events, etc.
(19) Impersonating another person
(20) Improperly collecting information of other Users
(21) Using the Service for the purpose of meeting, dating, sexual contact, or other interactions unrelated to the purpose of the Service with strangers
(22) Accessing the Service or obtaining information by scraping, crawling, spiders, bots, or other similar automated means
(23) Reproducing, modifying, reprinting, altering, analyzing, reverse engineering, disassembling, decompiling, or performing similar acts on the software, system, data, or content comprising the Service
(24) Placing an excessive burden on the Service’s servers, network, or systems
(25) Unauthorized access or use of another Member’s Registration Information
(26) Interfering with, or potentially interfering with, the operation of the Service
(27) Providing benefits to anti-social forces, etc., or similar acts
(28) Directly or indirectly causing, facilitating, or attempting any of the acts described in the preceding items
(29) Any other acts that the Operator deems inappropriate
Article 9 (Suspension of the Service, etc.)
The Operator may suspend or interrupt all or part of the Service without prior notice to Users if any of the following applies:
(1) When urgent inspection or maintenance work is required on the computer systems relating to the Service
(2) When the operation of the Service becomes impossible due to computer or communication line failures, operational errors, excessive concentration of access, unauthorized access, hacking, or similar causes
(3) When the operation of the Service becomes impossible due to force majeure such as earthquakes, lightning, fire, storm or flood damage, power outages, or other natural disasters
(4) When the operation of the Service is hindered due to failures, suspensions, or specification changes of External Services
(5) When the Operator otherwise determines that suspension or interruption is necessary
Article 10 (Modification and Termination of the Service)
The Operator may change the content of the Service without prior notice to Users at its own convenience, and may terminate the Service by giving prior notice through an appropriate method.
Article 11 (Fees and Payment Methods)
If paid functions, paid membership systems, advertising placements, product sales, or other paid services are introduced into the Service, Users or Members shall comply with the fees and payment conditions separately prescribed by the Operator and displayed on the Operator Website.
If a third-party payment service is used for settlement, the terms of use and other conditions of that payment service may separately apply.
Article 12 (Cancellation of Registration, etc.)
If a Member falls under any of the following items, or if the Operator reasonably determines that such Member falls under any of the following, the Operator may, without prior notice or demand, delete or hide Posted Content or Store Information posted by that Member, temporarily suspend that Member’s use of the Service, or cancel that Member’s registration:
(1) If the Member violates any provision of these Terms
(2) If any false information is found in the Registration Information
(3) If the Member falls under any of the items in Article 3, paragraph 2
(4) If the Operator otherwise determines that it is inappropriate to continue the Member’s registration
Article 13 (Withdrawal)
Members may withdraw from the Service and cancel their membership registration by completing the procedures prescribed by the Operator.
The handling of Registration Information after withdrawal shall be governed by Article 15 (Handling of Personal Information).
Article 14 (Confidentiality)
Users shall not disclose or leak to any third party any non-public information disclosed by the Operator in connection with the Service and designated by the Operator as confidential, unless prior written or electronic consent is obtained from the Operator.
Article 15 (Handling of Personal Information)
The handling of Users’ personal information by the Operator shall be governed by the separately prescribed Privacy Policy, and Users agree that the Operator shall handle personal information in accordance therewith.
Article 16 (Amendment of these Terms)
The Operator may amend these Terms if it deems it necessary.
If the Operator amends these Terms, it shall notify Users of the effective date and details of the amended Terms by posting them on the Operator Website or by any other appropriate method.
The amended Terms shall become effective as of the effective date set forth in the preceding paragraph, and Users shall be deemed to have agreed to the amended Terms by continuing to use the Service after the amendment.
Article 17 (Communication / Notice)
Any inquiries, communications, or notices from Users to the Operator regarding the Service, and any communications or notices from the Operator to Users, shall be made by the method prescribed by the Operator.
If the Operator sends a communication or notice to the email address or other contact information included in the Registration Information, such communication or notice shall be deemed to have reached the User at the time it would normally be received.
Article 18 (Disclaimer)
The Operator makes no warranties whatsoever, whether express or implied, that the Service will be suitable for a User’s particular purpose, will have the functions, accuracy, usefulness, continuity, or security expected by the User, that Listed Stores or Store Information will be up to date or accurate, or that the Service will be free from defects.
The Operator shall not be liable for any damages incurred by a User in connection with the Service, except in cases where the Operator has acted intentionally or with gross negligence; provided, however, that if damage is caused to a User due to the Operator’s slight negligence in breach of contract or tort, the Operator shall be liable only for ordinary and direct damages actually incurred by the User.
Even where the Operator is liable under the proviso of the preceding paragraph, the maximum amount of such liability shall be limited to the total amount of consideration actually paid by the relevant User to the Operator during the preceding three months; provided, however, that if the relevant User has not paid any consideration to the Operator during the preceding three months, the maximum amount shall be JPY 10,000.
The Operator shall not be liable for incidental damages, indirect damages, special damages, future damages, or lost profits, except where the Operator has acted intentionally or with gross negligence.
Any transactions, communications, disputes, or similar matters arising between a User and another User, a Listed Store, or a third party in connection with the Service or the Operator Website shall be resolved by the User at their own responsibility.
The Operator may post advertisements of the Operator or third parties, articles with PR labels, affiliated content, and similar materials on the Operator Website.
Article 19 (Severability)
Even if any provision of these Terms or part thereof is held invalid or unenforceable under the Consumer Contract Act or any other laws or regulations, the remaining provisions of these Terms and the remaining part of such provision shall continue in full force and effect.
Article 20 (Governing Law and Court of Jurisdiction)
These Terms and any Individual Agreement shall be governed by the laws of Japan. Any and all disputes relating to the Service, these Terms, or any Individual Agreement shall be subject to the exclusive jurisdiction in the first instance of the Akashi Branch of the Kobe District Court or the Akashi Summary Court.
Recoya Store Listing Account Terms
These Store Listing Account Terms (hereinafter referred to as the “Supplementary Terms”) set forth the conditions for use of Store Listing Accounts provided by the operator of Recoya (hereinafter referred to as the “Operator”) for the management of stores listed on Recoya.
Applicants for, users of, and Listed Store Users of Store Listing Accounts shall apply for and use Store Listing Accounts only after agreeing to these Supplementary Terms in addition to the Recoya Terms of Use (hereinafter referred to as the “Parent Terms”).
If the content of these Supplementary Terms differs from the Parent Terms, these Supplementary Terms shall prevail with respect to the use of Store Listing Accounts.
Article 1 (Scope of Application)
These Supplementary Terms apply to applicants for Store Listing Accounts, users of Store Listing Accounts, and Listed Store Users.
Store Listing Accounts shall be granted to persons whom the Operator recognizes as having the proper authority to lawfully operate or manage the relevant Listed Store.
Listed Store Users shall comply with the Parent Terms and these Supplementary Terms.
Article 2 (Nature of Store Listing Accounts)
A Store Listing Account is an account for managing Store Information posted on the Operator Website.
As a general rule, only one Store Listing Account shall be issued per Listed Store.
A Store Listing Account may be applied for not only by the store owner personally, but also by a person who has the proper authority to manage the relevant Listed Store.
Store Listing Accounts shall be granted to Listed Store Users.
The Operator may, if it deems necessary, exceptionally permit management by multiple persons or other forms of operation, but shall not be obligated to do so.
Article 3 (Application and Review)
A person wishing to obtain a Store Listing Account shall apply by the application form or other method prescribed by the Operator.
The applicant must provide, truthfully and accurately, the store name, name of the person in charge, email address, telephone number, and any other information specified by the Operator at the time of application.
In order to confirm whether the applicant has the proper authority to lawfully operate or manage the relevant Listed Store, the Operator may verify such authority through the store’s official website, official social media accounts, publicly available contact information, telephone, email, direct message, or any other method.
The Operator may request additional materials or information if necessary.
The Operator shall determine, at its discretion, whether to issue a Store Listing Account, and shall have no obligation to disclose the reasons for refusing issuance.
Article 4 (Scope of Authority)
Listed Store Users may edit the Store Information of the relevant Listed Store within the scope prescribed by the Operator.
The Operator may change at any time the editable items, editing methods, reflection methods, display methods, or any other specifications.
The Operator may restrict direct editing by Listed Store Users with respect to store names, addresses, eligibility for listing, and other important matters, and may require separate confirmation procedures.
Article 5 (Accuracy and Updating of Information)
Listed Store Users shall endeavor to enter accurate and up-to-date Store Information.
Listed Store Users shall not post false information, misleading information, exaggerated representations, information that infringes the rights of third parties, or information that violates laws or public order and morals.
If there is any important change to the business status, contact information, business hours, products handled, or similar matters of the relevant Listed Store, the Listed Store User shall update the information or notify the Operator within a reasonable period.
Article 6 (Images, Logos, Text, etc.)
Listed Store Users represent and warrant that they have the lawful right to use any images, logos, text, and other content entered or uploaded as Store Information, and that such content does not infringe the rights of any third party.
Listed Store Users grant the Operator permission to use such content within the scope necessary for the operation, display, editing, translation, summarization, publicity, advertising, social media introduction, and any other purposes prescribed in the Parent Terms.
In using such content under the preceding paragraph, the Operator may change the size, crop, standardize expressions, translate, summarize, or otherwise edit such content to the extent necessary for display.
Article 7 (Account Management)
Listed Store Users shall properly manage IDs, passwords, and other authentication information at their own responsibility.
Except where separately approved by the Operator, Store Listing Accounts may not be used by third parties, lent, transferred, renamed, or bought or sold.
If there is a risk of unauthorized use or a possibility that authentication information has been leaked, the Listed Store User shall immediately notify the Operator.
Article 8 (Loss of Authority and Transfer of Accounts)
If a Listed Store User loses the authority to properly manage the relevant Listed Store due to resignation, termination of a service agreement, change of person in charge, transfer of the store, or any other reason, the Listed Store User shall immediately notify the Operator.
In the case set forth in the preceding paragraph, the Operator may suspend, revoke, transfer, or otherwise take any necessary measures with respect to the Store Listing Account.
The Operator may, based on a request from the Listed Store or any other reasonable grounds, change the Listed Store User or transfer the Store Listing Account to a new person in charge.
Article 9 (Correction, Suspension, etc. by the Operator)
If the Operator determines it necessary for the operation of the Service, it may correct, reject for revision, hide, delete, or otherwise take necessary measures with respect to Store Information edited by a Listed Store User.
If the Operator receives a complaint or request from a Listed Store, rights holder, user, or other third party based on rights infringement, factual inaccuracy, impersonation, or any other reasonable grounds, it may, as necessary, temporarily suspend all or part of the use of the Store Information or the Store Listing Account.
If a Listed Store User violates the Parent Terms or these Supplementary Terms, the Operator may suspend or revoke the Store Listing Account without prior notice or demand.
Article 10 (Prohibited Acts)
In addition to the prohibited acts set forth in Article 8 of the Parent Terms, Listed Store Users shall not engage in any of the following acts:
(1) Applying for or using a Store Listing Account without proper authority regarding the relevant Listed Store
(2) Providing false or inaccurate application information or Store Information
(3) Displaying business operations, handled products, events, campaigns, etc. that do not actually exist
(4) Using another person’s images, logos, text, etc. without authorization
(5) Editing or attempting to edit Store Information of any store other than the relevant Listed Store
(6) Displaying information in a manner that misleads the Operator or third parties into believing that official certification, priority display, recommendation, partnership, or similar status exists
(7) Posting false or misleading information for the purpose of improperly increasing page views, visits, sales, response counts, or similar results
(8) Any other act that the Operator deems inappropriate
Article 11 (No Warranty)
The Operator does not guarantee that the use of a Store Listing Account will result in any particular search ranking, number of views, customer acquisition effect, number of visits, increase in sales, or any other result whatsoever.
The Operator does not guarantee the implementation, continuation, content, or timing of the display position, display format, continued display of Store Information, translation results, social media introductions, anniversary-related posts, or any other ancillary measures.
The Operator does not guarantee the accuracy, completeness, timeliness, or usefulness of Store Information edited through a Store Listing Account.
Article 12 (Amendment of these Supplementary Terms)
The Operator may amend these Supplementary Terms if it deems necessary.
If the Operator amends these Supplementary Terms, it shall notify users of the content of the amended terms and their effective date by posting them on the Operator Website or by any other appropriate method.
The amended Supplementary Terms shall become effective from the effective date set forth in the preceding paragraph, and a Listed Store User shall be deemed to have agreed to the amended Supplementary Terms by continuing to use the Store Listing Account thereafter.
