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Terms of Use

NOTE: This English translation is provided for reference only. In the event of any discrepancy, the Japanese original shall prevail.

Article 1  Application

  1. These Terms set forth the rights and obligations between the Company and Registered Users (each as defined in Article 2) with respect to use of the Service (defined in Article 2) and shall apply to every aspect of such use.
  2. Any rules or regulations relating to the Service that the Company may post on the Website (defined in Article 2) from time to time constitute an integral part of these Terms.

Article 2  Definitions

As used in these Terms, the following terms shall have the meanings set forth below.
  1. “Intellectual Property Rights” means copyrights, patent rights, utility-model rights, trademark rights, design rights, and any other intellectual-property rights (including the right to obtain or apply for registration of such rights).
  2. “Website” means the website operated by the Company with the domain “creww.me” (including all sub-domains and, regardless of reason, any successor site if the domain or content is changed).
  3. “Applicant” has the meaning given in Article 3.
  4. “Registration Information” has the meaning given in Article 3.
  5. “Registered User” means any individual or entity that has been registered as a user of the Service pursuant to Article 3.
  6. “Service” means the suite of services provided under the name “creww,” including the request function, search function, messaging function, “Creww Growth,” and any other services (and any successor services if the name or content changes for any reason).
  7. “User Agreement” means the agreement for use of the Service formed between the Company and a Registered User pursuant to Article 3.3, in accordance with these Terms.

Article 3  Registration

  1. Any person or entity wishing to use the Service (“Applicant”) may apply for registration by agreeing to comply with these Terms and providing the Company with certain information specified by the Company (“Registration Information”) in the manner prescribed by the Company.
  2. The Company shall determine, in accordance with its own criteria, whether or not to approve an Applicant’s registration; if approved, the Company will notify the Applicant, whereupon the Applicant’s registration as a Registered User shall be deemed complete.
  3. Upon completion of registration under the preceding paragraph, a User Agreement in accordance with these Terms shall be formed between the Registered User and the Company, and the Registered User may thereafter use the Service in the manner determined by the Company.
  4. The Company may reject an application for registration if any of the following applies to the applicant:
    1. Any part of the Registration Information provided is false, inaccurate, or incomplete;
    2. The applicant is a minor, an adult ward, a person under curatorship, or a person under assistance and lacks the requisite consent of a statutory agent, guardian, curator, or assistant;
    3. The Company determines that the applicant is an antisocial force or interacts/engages with such forces;
    4. The Company otherwise deems the registration inappropriate.

Article 4  Change of Registration Information

If any change occurs in the Registration Information, the Registered User shall, without delay, update such information in the manner prescribed by the Company.  The Registered User shall also comply with any request from the Company to submit documents relating to such changes.

Article 5  Management of Password and User ID

  1. The Registered User shall manage and store its password and User ID at its own responsibility and shall not allow any third party to use, lend, transfer, assign, change the name of, or sell them.
  2. The Registered User shall be liable for any damage arising from inadequate management, misuse, or third-party use of the password or User ID, and the Company shall bear no responsibility whatsoever, except in cases of the Company’s willful misconduct or gross negligence.
  3. If the Registered User discovers that its password or User ID has been stolen or is being used by a third party, it shall immediately notify the Company and follow the Company’s instructions.

Article 6  Fees

The Service is provided to Registered Users free of charge.  However, the Company does not guarantee that the Service will remain free in the future and may, upon prior notice to the Registered Users, set fees for all or part of the Service.  In no event will the Company charge any fees without the prior consent of the Registered User.

Article 7  Use of the Service

  1. A Registered User may use the Service only during the period in which its registration remains valid, only for the purposes contemplated by these Terms and within the scope that does not contravene them, and in accordance with the methods prescribed by the Company.
  2. Preparation and maintenance of computers, software, and other equipment, communication lines, and any other communications environments necessary to receive the Service shall be carried out at the expense and responsibility of the Registered User.

Article 8  Prohibited Acts

  1. In using the Service, a Registered User shall not engage in any of the following acts:
    1. Any act that infringes, whether directly or indirectly, the intellectual-property rights, portrait rights, privacy rights, honor, or other rights or interests of the Company, other users of the Service, or any third party;
    2. Any act related to criminal conduct or contrary to public order or morals;
    3. Transmitting information concerning sexual encounters;
    4. Transmitting information that contains computer viruses or other harmful programs;
    5. Any act that may interfere with the operation of the Service by the Company;
    6. Any other act that the Company deems inappropriate.
  2. If the Company determines that any information transmitted by a Registered User falls, or is likely to fall, within any of the items of the preceding paragraph, the Company may, without prior notice, delete all or part of such information. Except in cases of the Company’s willful misconduct or gross negligence, the Company shall bear no liability for any damage incurred by the Registered User as a result of measures taken under this paragraph.

Article 9  Suspension of the Service

  1. The Company may suspend or interrupt all or part of the Service without prior notice to Registered Users if any of the following events occurs:
    1. Periodic or emergency inspection or maintenance of computer systems for the Service;
    2. Failure of computers, communication lines, or other facilities due to accident;
    3. Inability to operate the Service due to force majeure such as fire, power outage, or natural disaster;
    4. Any other circumstance in which the Company deems suspension or interruption necessary.
  2. The Company may, at its convenience, terminate provision of the Service; in such case the Company shall notify Registered Users in advance.
  3. Except in cases of willful misconduct or gross negligence, the Company shall bear no liability for any damage incurred by Registered Users arising from measures taken under this Article.

Article 10  Precautions Regarding Downloads

When downloading or installing software, etc. from the Website to the Registered User’s computer in connection with the Service, the Registered User shall exercise due care to avoid loss or alteration of its data, or malfunction or damage of its equipment, and the Company shall bear no liability for any such damages, except in cases of willful misconduct or gross negligence.

Article 11  Submission of Proposals

  1. The Registered User warrants that any proposal, text, image, video, or other data posted or transmitted on the Website or through the Service does not infringe any intellectual-property or other rights or interests of any third party, and shall compensate the Company for any damage incurred due to breach of such warranty.
  2. When posting or transmitting a proposal, the Registered User shall comply with conditions separately presented by the Company or any third party authorized by the Company.
  3. The Registered User shall perform any acts separately requested by the Company in relation to orientations, presentations, or other matters concerning the proposal.

Article 12  Ownership of Rights

  1. All ownership and Intellectual Property Rights in the Website and the Service belong to the Company or its licensors; the license to use the Service granted under these Terms does not constitute a license to use such Intellectual Property Rights.
  2. Text, images, videos, or other data posted or transmitted by a Registered User on the Website or through the Service may be used by the Company free of charge and without restriction, including reproduction, copying, modification, and sublicensing to third parties.
  3. The Company may freely provide to third parties information that a Registered User has made public on the Website or through the Service.

Article 13  Cancellation of Registration, etc.

  1. The Company may temporarily suspend the Service for, or cancel the registration of, any Registered User without prior notice or demand if any of the following applies:
    1. Breach of any provision of these Terms;
    2. Discovery of false information in the Registration Information;
    3. Suspension of payments, insolvency, or filing for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, or analogous proceedings;
    4. No use of the Service for one year and no response to contact from the Company;
    5. Falling under any item of Article 3.4;
    6. The Company otherwise deems continuation of registration inappropriate.
  2. Upon occurrence of any item in the preceding paragraph, the Registered User shall lose the benefit of time with respect to all obligations to the Company and shall immediately pay all such obligations.
  3. Except in cases of willful misconduct or gross negligence, the Company shall bear no liability for any damage incurred by the Registered User arising from actions under this Article.
  4. A Registered User may cancel its registration by notifying the Company in the manner prescribed by the Company.

Article 14  Disclaimer of Warranties and Limitation of Liability

  1. The Service is provided “as is,” and the Company makes no warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
  2. Non-warranted matters include, but are not limited to:
    1. Assurance that a requesting user will pay the stated reward when another user provides advice through the request function;
    2. Adoption of any proposal submitted through Creww Growth;
    3. Performance of any promise by other users made via the messaging function.
  3. The Registered User shall, at its own responsibility and expense, investigate whether use of the Service violates any laws or internal rules applicable to it, and the Company makes no warranty of compliance.
  4. Transactions, communications, or disputes between a Registered User and other users or third parties relating to the Service or the Website shall be handled and resolved at the Registered User’s responsibility, and the Company bears no liability except in cases of willful misconduct or gross negligence.
  5. The Company shall not be liable for any damage suffered by a Registered User in connection with interruption, suspension, termination, unavailability, or modification of the Service, deletion or loss of messages or information, cancellation of registration, data loss, or equipment failure, except in cases of willful misconduct or gross negligence.
  6. Even if the Website links to or from other websites, the Company assumes no responsibility for such external sites or information therefrom, except in cases of willful misconduct or gross negligence.

Article 15  Dispute Resolution and Damages

  1. A Registered User shall compensate the Company for any damage caused by breach of these Terms or use of the Service.
  2. The Company’s liability for damages to a Registered User, if any, shall be limited to JPY 10,000, except in cases of willful misconduct or gross negligence or where liability cannot be excluded under the Consumer Contract Act.

Article 16  Confidentiality

  1. For purposes of these Terms, “Confidential Information” means all information concerning the Company’s technology, sales, operations, finance, organization, or any other matters that the Registered User receives, is provided or disclosed (whether in writing, orally, or via recorded media) by the Company, or otherwise becomes aware of in connection with the User Agreement or the Service; provided, however, that the information set forth in each of the following items shall be excluded from Confidential Information:
    1. information that was already public knowledge or already known to the Registered User at the time it was provided, disclosed, or learned;
    2. information that becomes public knowledge after provision, disclosure, or learning through no fault of the Registered User;
    3. information lawfully obtained from a third party authorized to provide or disclose it without a duty of confidentiality;
    4. information independently developed without use of the Confidential Information; and
    5. information confirmed in writing by the Company to need not be kept confidential.
  2. The Registered User shall use Confidential Information solely for the purpose of using the Service and shall not, without the Company’s prior written consent, provide, disclose, or leak Confidential Information to any third party.
  3. Notwithstanding the preceding paragraph, the Registered User may disclose Confidential Information pursuant to an order, demand, or request of law, court, or governmental agency; provided that, if such order, demand, or request is received, the Registered User shall promptly notify the Company.
  4. Upon the Company’s request, the Registered User shall, without delay and in accordance with the Company’s instructions, return or destroy the Confidential Information and all documents or other media containing or embodying the Confidential Information and all copies thereof.

Article 17  Term

The User Agreement shall remain in force between the Company and the Registered User for the duration of the Service, from the date the User’s registration is completed pursuant to Article 3 until the date such registration is cancelled.

Article 18  Amendment of these Terms

  1. The Company may freely change the content of the Service.
  2. The Company may amend these Terms (including the rules and regulations concerning the Service posted on the Website).  When the Company makes amendments, it shall notify the Registered Users of the details of such amendments or post them on the Website, and if a Registered User uses the Service after such notice or posting, or fails to cancel its registration within the period specified by the Company, the Registered User shall be deemed to have agreed to the amendments.

Article 19  Notices and Communications

Inquiries, notices, or other communications from a Registered User to the Company regarding the Service, and notices or other communications from the Company to Registered Users, including notices of amendments to these Terms, shall be made in the manner prescribed by the Company.

Article 20  Assignment of These Terms

  1. A Registered User may not assign, transfer, pledge, or otherwise dispose of its contractual position under the User Agreement or any rights or obligations under these Terms to any third party without the prior written consent of the Company.
  2. If the Company transfers the business relating to the Service to another entity, the Company may transfer its contractual position under the User Agreement, its rights and obligations under these Terms, and the Registered Users’ registration information and other customer information to the transferee of such business transfer, and the Registered Users hereby consent in advance to such transfer.  “Business transfer” in this paragraph includes ordinary business transfers as well as company splits and any other cases in which the business is transferred.

Article 21  Severability

Even if any provision or portion of these Terms is held invalid or unenforceable under the Consumer Contract Act or any other law or regulation, the remaining provisions and the remaining portion of such provision shall remain in full force, and the Company and the Registered Users shall endeavor to modify the invalid or unenforceable provision or portion to the extent necessary to make it legal and enforceable and to secure an intent and legal and economic effect equivalent to such provision or portion.

Article 22  Survival

Provisions of these Terms that, by their nature, should survive termination shall remain effective after termination of the User Agreement.  Confidentiality obligations, however, shall survive only for three (3) years after termination.

Article 23  Governing Law and Jurisdiction

These Terms shall be governed by the laws of Japan, and the Tokyo District Court shall have exclusive jurisdiction as the court of first instance over any and all disputes arising out of or in connection with these Terms.

Article 24  Amicable Resolution

The Company and the Registered Users shall endeavor to resolve promptly, through discussions in good faith, any matters not provided for in these Terms or any doubts arising in the interpretation of these Terms.