Terms of service

These Terms of Service (hereinafter referred to as the "Terms") set forth the conditions for providing the Service, defined in Article 2, Paragraph 1, and the relationship of rights and obligations between the Japan Sumo Association (hereinafter referred to as the "Association") and the users. Prior to using the Service, you must read the full text of these Terms and agree to them.

(Applicability)

1. Article 1: The purpose of these Terms is to set forth the conditions for providing the Service and the relationship of rights and obligations between the Association and the users regarding the use of the Service, and they shall apply to any and all relationships between the users and the Association regarding the use of the Service.
2. 2. The rules regarding the use of the Service posted by the Association on the SuMALL website (such as the Privacy Policy (https://sumall-sumo.xyz/policies/privacy-policy)) shall constitute a part of these Terms.
3. 3. In the event of any conflict or inconsistency between the contents of these Terms and the rules mentioned in the preceding paragraph or other descriptions of the Service outside of these Terms, the provisions of these Terms shall take precedence.

(Definitions)

1. Article 2: The following terms used in these Terms shall have the meanings set forth below:
   1. (2) "SuMALL Website" means the website operated by the Association, the domain of which is "domain name".
   2. (3) "Intellectual Property Rights" means copyrights, patents, utility model rights, design rights, trademark rights, and any other intellectual property rights (including the right to acquire those rights or to apply for registration, etc., of those rights).
   3. (4) "User" means an individual who has been registered as a user of the Service based on Article 3 (Registration).
   4. (5) "Posted Data" means contents (including, but not limited to, texts, images, videos, and other data) posted or otherwise transmitted by the User using the Service.

(Registration)

1. Article 3: A person who wishes to use the Service (hereinafter referred to as the "Applicant") may apply to the Association for registration to use the Service by agreeing to comply with these Terms and providing certain information specified by the Association (hereinafter referred to as "Registration Items") to the Association in a manner prescribed by the Association.
2. 2. The registration of the Applicant who has applied for registration based on the preceding paragraph shall be deemed completed when the Association sends a notice of approval of the registration to the Applicant.
3. 3. The Association may refuse registration or re-registration if the Applicant falls under any of the following items, and the Association shall not be obligated to disclose the reasons for such refusal:
   1. (1) If all or part of the Registration Items provided to the Association contain false statements, clerical errors, or omissions
   2. (2) If the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent, etc., of a legal representative, guardian, curator, or assistant
   3. (3) If the Association determines that the applicant is an anti-social force, etc. (meaning organized crime groups, members of organized crime groups, right-wing groups, anti-social forces, and other similar persons; the same shall apply hereinafter), or has some interaction or involvement with anti-social forces, etc., such as cooperating with or being involved in the maintenance, operation, or management of anti-social forces, etc., through financial support or other means
   4. (4) In any other cases where the Association determines that the registration is not appropriate

(Changes to Registration Items)

1. Article 4: In the event of any changes to the Registration Items, the User shall notify the Association of such changes without delay in a manner specified by the Association.
2. 2. The Association shall not be held liable for any failure of product delivery or any other disadvantages caused by the User's failure to notify changes to the Registration Items.

(Management of Password and User ID)

1. Article 5: The User shall, at their own responsibility, appropriately manage and store their password and User ID related to the Service, and shall not allow any third party to use them, nor lend, transfer, change the name of, buy, or sell them.
2. 2. The User shall bear full responsibility for any damages arising from inadequate management of the password or User ID, errors in use, or use by a third party.

(Purchase of Products)

1. Article 6: Users may purchase products from the Association by utilizing the Service.
2. 2. When a User wishes to purchase a product, they shall apply for the purchase of the product in a manner specified by the Association, and a sales contract regarding the product shall be formed between the User and the Association at the time the order is confirmed.

(Prohibited Matters)

1. Article 7: In utilizing the Service, the User must not engage in any act that falls under, or is determined by the Association to fall under, any of the following items:
   1. (1) Acts that violate laws and regulations or acts related to criminal behavior
   2. (2) Purchasing products for the purpose of listing them on auction sites
   3. (3) Purchasing products for commercial purposes such as resale
   4. (4) Registering false information in the Registration Items
   5. (5) Acts contrary to public order and morals
   6. (6) Acts that infringe upon the intellectual property rights, portrait rights, privacy rights, honor, or any other rights or interests of the Association, other users of the Service, or any third party
   7. (7) Transmitting information to the Association or other users of the Service through the Service that falls under, or is determined by the Association to fall under, any of the following expressions:
      1. a. Information containing expressions that defame or discredit the Association, other users of the Service, or any third party
      2. b. Information containing obscene expressions
      3. c. Information containing discriminatory expressions or expressions that promote discrimination
      4. d. Information containing anti-social expressions
      5. e. Information containing expressions that cause discomfort to others
   8. (8) Acts that may interfere with the operation of the Service
   9. (9) Unauthorized access to the Association's network or systems
   10. (10) Impersonating a third party
   11. (11) Using the ID or password of another user of the Service
   12. (12) Promotion, advertising, solicitation, or business activities on the Service that have not been permitted by the Association in advance
   13. (13) Acts that cause disadvantage, damage, or discomfort to the Association, other users of the Service, or any third party
   14. (14) Any other acts that the Association deems inappropriate

(Suspension of the Service, etc.)

1. Article 8: The Association shall be entitled to suspend or interrupt the provision of all or part of the Service without prior notice to the users in the event of any of the following items:
   1. (1) When performing urgent inspection or maintenance work on the computer systems related to the Service
   2. (2) When the operation of the Service becomes impossible due to failures of computers, communication lines, etc., accidental errors, excessive concentration of access, unauthorized access, hacking, etc.
   3. (3) When the operation of the Service becomes impossible due to force majeure such as earthquakes, lightning, fires, wind and flood damage, power outages, or natural disasters
   4. (4) In any other cases where the Association determines that suspension or interruption is necessary

(Ownership of Rights)

1. Article 9: All intellectual property rights related to the SuMALL Website and the Service belong to the Association or those who have granted licenses to the Association, and the license to use the Service based on these Terms does not imply a license to use the intellectual property rights of the Association or those who have granted licenses to the Association regarding the SuMALL Website or the Service.
2. 2. The User represents and warrants to the Association that they have the lawful right to post or otherwise transmit the Posted Data and that the Posted Data does not infringe upon the rights of any third party.

(Cancellation of Registration, etc.)

1. Article 10: In the event that a User falls under any of the following items, the Association may, without prior notice or demand, delete or hide the Posted Data, temporarily suspend the use of the Service for the User, or cancel the registration of the User:
   1. (1) If the User violates any provision of these Terms
   2. (2) If it is discovered that the Registration Items contain false facts
   3. (3) If the User falls under any of the items in Article 3, Paragraph 3
   4. (4) In any other cases where the Association determines that the continuation of the use of the Service or the registration as a User is not appropriate

(Withdrawal)

1. Article 11: Users may withdraw from the Service and cancel their registration as a User upon completion of the procedures prescribed by the Association.
2. 2. Upon withdrawal, if there are any outstanding debts owed to the Association, the User shall automatically lose the benefit of time regarding all such debts and must immediately pay all debts to the Association.
3. 3. The handling of user information after withdrawal shall be in accordance with the provisions of Article 14.

(Changes to and Termination of the Service)

1. Article 12: The Association may change the content of the Service or terminate its provision at its own convenience.
2. 2. In the event that the Association terminates the provision of the Service, the Association shall notify the users in advance.

(Disclaimer)

1. Article 13: The Association shall bear no liability for any damages, losses, or disadvantages suffered by users in connection with the Service.
2. 2. Any transactions, communications, disputes, etc., arising between a User and other users or third parties in connection with the Service or the SuMALL Website shall be resolved by the User at their own responsibility.

(Handling of User Information)

1. Article 14: The handling of users' User Information by the Association shall be governed by the separately established Privacy Policy (https://sumall-sumo.xyz/policies/privacy-policy), and the users shall agree to the handling of their User Information by the Association in accordance with such Privacy Policy.

(Amendments to these Terms)

1. Article 15: The Association may amend these Terms whenever the Association deems it necessary.

(Severability)

1. Article 16: Even if any provision of these Terms or a part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and the remaining portion of the provision that was determined to be invalid or unenforceable shall continue to remain in full force and effect.

(Governing Law and Jurisdiction)

1. Article 17: These Terms and the formation, performance, interpretation, and application of the Service shall be governed by the laws of Japan.
2. 2. Any and all disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.

These Terms shall enter into force on January 4, 2023.