Last Revised: March 15, 2017
1. LISUTO! SERVICES
Our Service provides Users with an inventory listing platform which enables Users to offer their products (“Products”) for sale via third-party e-commerce marketplaces made accessible by the Services (the “Marketplaces”) by creating or importing product listings through the Website or the App (the “Listings”). These Listings are then posted on the websites of the Marketplaces selected by the User or by LISUTO!. To assist you in listing your Product in international Marketplaces, our proprietary technology will translate your Listings, in whole or in part, into various languages. Please note, though, that the accuracy or availability of such translations is not guaranteed, and you accept the risk that these translations may not be available or accurate. Please note that LISUTO! reserves the right to include LISUTO! branding and other information regarding LISUTO! in a User’s Listing, with such branding and information appearing in connection with the Listing in the Marketplaces.
LISUTO! reserves the right to modify or otherwise revise the Service at any time and may stop providing the Service at any time without any notice or obligation to you. LISUTO! currently provides the Service without charge, but LISUTO! reserves the right to charge for the Service or for any premium content or customized solutions included in the Service upon providing notice of such charges on the Website or App. You may stop use of the Service at any time.
A. LISUTO! as a Portal
Once you use the Service to create a Listing and use the Service to post that Listing in a Marketplace, you should only modify the Listing via the Service. Any attempts to modify or remove a Listing directly on a Marketplace site may not be reflected on our Service or other Marketplaces in which you have posted the Listing through our Service. Once a Product you choose to list on a Marketplace is sold, our Service will remove that Product from the other Marketplaces in which the Service has listed a Product. However, LISUTO! does not guarantee that a Product, once sold in one Marketplace will be immediately removed from all other Marketplaces where it is listed, or that the creation or modification of any Listing through our Service will appear immediately in the Marketplaces, and you should not expect any real time change. LISUTO! IS NOT RESPONSIBLE FOR YOUR LISTINGS OR FOR FULFILLING YOUR PRODUCT SALES OR FOR COLLECTING PAYMENTS ON YOUR BEHALF.
B. User Content
2. YOUR RESPONSIBILITIES
A. Use of the Service
You agree that you will not under any circumstances:
- post or submit any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive; create a false identity or impersonate any person or otherwise provide untrue or inaccurate information in using the Service;
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- distribute or submit unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
- attempt to, or harass, abuse, harm or bully another person or User;
- create fake Listings or provide false or inaccurate information to LISUTO! or in your Listings or about your Products;
- publish, submit or link to malicious content, including any content that contains a “back door,” “drop dead device,” “time bomb,” “Trojan horse,” “virus,” “worm,” “spyware,” or adware” (as such terms are commonly understood in the software industry), intended to damage, disable, harm, disrupt or otherwise impede in any manner the operation of the browser, computer or systems of LISUTO! or of any other person or entity or compromise the privacy or data security of the LISUTO Service or the computer or systems of LISUTO! or any other person or entity; or
- upload Content or input data that will harm the accuracy or reliability of our Catalog.
B. Listing and Products
You agree that we are only acting as a conduit for your online distribution and publication of your Listings and other Content regarding the offering for sale of your Products. LISUTO! takes no responsibility and assumes no liability for your Products or for any Content that you or any other User or third party posts or sends via the Service. LISUTO! does not, and cannot, pre-screen or monitor all Content, including Content we incorporate into the Catalog, and we have no obligation to do so. You are responsible for the accuracy and content of the Listings and the Products you offer. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
You agree that you will not:
- post any Content or offer any Products that would otherwise violate any local, state, national or international law;
- post any information or list any Products that we think are or could be harmful, unlawful, inflammatory, harassing, vulgar, obscene, pornographic, lewd, fraudulent, invasive of privacy or publicity rights, hateful, abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive or which restrict or inhibit any other person from using or enjoying the Service, the Website or the App, or which may expose us, the Marketplaces, or any other Users or customers of the Products to any harm or liability of any type;
- post any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- submit Content or Products that are subject to third party proprietary rights unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- list Products for sale through our Services for which you do not have sufficient rights to offer for sale or which you cannot deliver to buyers in the manner that you promise to deliver the Products.
3. LICENSE TO YOU
A. License Grant
B. License Restrictions
You agree to protect the Services, and the related Content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Service or such proprietary Content, information or other materials except as expressly permitted herein or otherwise expressly authorized in writing by LISUTO!. Except as specifically permitted herein or expressly authorized in writing by LISUTO!, you agree that you will not directly or indirectly:
(a) distribute, sell, transfer, rent, lease, sublicense or otherwise exploit the Website, the App, or the Service in any unauthorized manner; or
(b) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify, in any form or manner or by any means, the Website, the App, or the Service, or any part thereof, including, without limitation, any content of the Catalog, Listing Tools or translations performed by the Service.
You understand and agree that you are not permitted to: (i) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (ii) use any means to discover the trade secrets in the Services; or (iii) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of LISUTO! and its affiliates and licensors. If you breach these restrictions, you may be subject to prosecution and damages.
4. OWNERSHIP BY LISUTO!
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content, including the Catalog and the content therein that you see or read through the Service (collectively, the “Proprietary Material”) is owned by LISUTO!, or its affiliates or licensors. As between you and LISUTO!, LISUTO! owns all Proprietary Material (excluding your Content not derived from the Catalog), as well as the coordination, selection, arrangement, translation and enhancement of such Proprietary Material as a collective work under all applicable copyright rights and other intellectual property rights of any applicable jurisdiction. The service marks and trademarks of LISUTO! are owned by LISUTO!. Any other trademarks, service marks, logos and/or trade names appearing via the Service, including any marks associated with the Products, are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
5. LICENSES TO LISUTO!
6. OWNERSHIP OF FEEDBACK
You hereby acknowledge that any and all (i) suggestions for correction, change and modification to the Service and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to LISUTO! by you (collectively “Feedback”), and all related (ii) improvements, updates, modifications or enhancements, whether made, created or developed by LISUTO! or otherwise relating to Service (collectively, “Revisions”), are and will remain the property of LISUTO!. You authorize LISUTO! to treat any Feedback as non-confidential and non-proprietary. You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback or any related Revisions. All Feedback and Revisions become the sole and exclusive property of LISUTO! and LISUTO! may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to LISUTO! any and all right, title and interest (that you may have in and to any and all Feedback. At LISUTO!’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
7. TERM AND TERMINATION
8. THIRD PARTY WEBSITES, CONTENT AND SERVICES
The Website and App may contain links to other websites and apps, including the Marketplaces (“Third Party Services”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We may add or remove any links to Third Party Services and the ability to post Listings in any Marketplace from our Website or App at any time without notice.
A. No Responsibility for Third Party Services or Content
Third Party Services and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Services accessed through the Website or App or any Third Party Content posted on or available through the Website or App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Services or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Services or any Third Party Content does not imply approval or endorsement thereof by LISUTO!. If you decide to leave the Website or App and access the Third Party Services or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.
B. Marketplace Account Information
C. Terms and Policies of Third Party Services
9. DISCLAIMER OF WARRANTIES
A. The Service
The Service, the Website and/or the App may be unavailable from time to time for maintenance or for other reasons, and LISUTO! makes no guarantees of uptime, response time or availability. LISUTO! shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, any content made available via the Service, the Website or the App.
ALL USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE AND ANY CONTENT AND INFORMATION PRESENTED ON THE WEBSITE OR APP OR VIA THE SERVICE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY.
WITHOUT LIMITING THE FOREGOING, NEITHER LISUTO! NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR THAT THE SERVICES WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. NEITHER LISUTO! NOR ITS AFFILIATES WARRANT THAT THE LISTINGS CREATED OR MODIFIED BY USERS VIA THE SERVICE WILL IMMEDIATELY BE POSTED, MODIFIED OR REMOVED, AS APPLICABLE, IN THE APPLICABLE MARKETPLACES. NEITHER LISUTO! NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. NEITHER LISUTO! NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER.
B. Third Party Services and Content
LISUTO! MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICES, OR ANY THIRD PARTY SERVICES OR THIRD PARTY CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF ANY PROPRIETARY CONTENT OR OTHER CONTENT PROVIDED THROUGH THE WEBSITE OR APP, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, REGISTRATION INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
LISUTO! DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE OR PRODUCT ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LISUTO! WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS EXPRESSLY PROVIDED HEREIN.
Some jurisdictions do not allow the exclusion of implied warranties so some or all of the above exclusions may not apply to you.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL LISUTO! OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON CLAIMING THROUGH OR UNDER YOU FOR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS OR LOST DATA, OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, ARISING FROM YOUR USE OF THE SERVICES, OR ANY OF THE WEBSITE OR APP CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE OR APP, EVEN IF LISUTO! IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, LISUTO! SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM OR IN RELATION TO THE DISCLOSURE OR DISPLAY OF ANY CONTENT YOU SUBMIT TO THE SERVICE OR FROM ANY INTERACTIONS WITH LISUTO! OR ANY OTHER USE OF THE SERVICE.
IN NO EVENT SHALL LISUTO!’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED US $250. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
If you have a dispute with one or more Users or any other third party, including any Marketplaces or other Third Party Services, resulting from or arising out of or in connection with your use of the Services, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
13. DISPUTE RESOLUTION – ARBITRATION, NO CLASS ACTIONS
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void.
If for any reason a claim proceeds in court rather than in arbitration, the dispute will be governed by the laws of Japan without regard to or application of its conflict of law provisions, and will be brought solely in Tokyo District Court. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
15. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
A. Termination of Repeat Infringer Accounts
LISUTO! respects the intellectual property rights of others and requests that users do the same. LISUTO! may remove any content from the Website or App at its sole discretion without any liability to the User who provided such content, in order to comply with Act No. 137 of 2011 of Japan or the notice-and-takedown laws or regulations of other jurisdictions. For content (i) provided by users in the United States, (ii) where any allegations of infringement are based on U.S. copyright laws or (iii) that otherwise originates or is stored on servers in the United States, LISUTO! has adopted and will implement the notice-and-takedown provisions of the United States Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”). Further, pursuant to 17 U.S.C. 512(i) of the DMCA, LISUTO! has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Services who are repeat infringers. LISUTO! may terminate access for Users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
B. DMCA Take-Down Notices
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Website infringe upon your copyrights, you may submit a notification pursuant to the DMCA by sending the following information in writing to LISUTO!’s designated copyright agent at firstname.lastname@example.org:
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
LISUTO! is not liable for any content removed as a result of a notification of infringement by a copyright owner or his agent.
If you believe that your Content that has been removed from the Website or App is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, any judicial district in which LISUTO! may be found, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the LISUTO! copyright agent, LISUTO! may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in LISUTO!’s discretion) be reinstated on the Website and App in 10 to 14 business days or more after receipt of the counter-notice.
16. GOVERNING LAW, VENUE AND JURISDICTION
17. MISCELLANEOUS PROVISIONS
A. Entire Agreement
Any notices or communication required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to LISUTO! in your completed registration or as updated by you and on file with LISUTO!. Any notices or communication required or permitted to be given to LISUTO! shall be in writing and shall be sufficiently given if delivered via email or mailed as follows:
Akasaka Yamada Bldg.2F,
2-21-8 Akasaka, Minato-ku, Tokyo, 107-0052, Japan
Email Address: email@example.com
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received on the fourth business day after it was posted.
G. Mobile Services
We currently do not charge for using the Website or the App. However, please be aware that when accessing the Service via the Website (on a mobile device) or App, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using the App may be prohibited or restricted by your carrier or an app store, and the App may not work with all carriers or devices. Therefore, you should check with your carrier or the app store, as applicable, to find out if the App is available for your mobile device, and what restrictions, if any, may be applicable to your use of the App.