The applicant in the subject becomes a member of “BINARYSTAR” (hereinafter referred to as “The Member”) after accepting the following terms and conditions for BINARYSTAR Inc. (hereinafter referred to as “The Operator”) and the title We have offered to use the facilities (hereinafter referred to as “The Facility”) and services associated with it (hereinafter referred to as “The Service”).
1. The applicant submits required items in the prescribed “application for admission and use” to the operator along with various attached documents, and when the operator approves the membership, “BINARYSTAR” membership and facility use agreement (hereinafter referred to as “The Agreement”) can be concluded.
1. The effective term of this contract shall be until June 28th, 2019.
2. The term of membership shall end upon the expiration date of the preceding paragraph.
1. The member is a person who has obtained the approval of the operator by a prescribed application, and can use the facility and the service according to the terms of the agreement.
In addition, the member does not have the right to lease that is under the application of the Leasehold Land Law in any way, and the member does not request the operator for compensation such as goodwill in connection with the termination of the agreement.
2. The member expresses to the operator that he or she does not fall under any of the following when applying for admission or use.
(1) A group that may assist in conducting violent torts collectively or in a chronic manner, a person who belongs to such a group or a person who has business with such a person.
(2) A group that has been disposed of according to the act on the regulations of the group that has conducted massive indiscriminate mass murder, a person who belongs to such a group, or a person who has business with such a person.
(3) In addition to the above, organizations similar to these, persons belonging to such organizations, or persons who have transactions with these persons.
(4) A person related to gambling or Pachinko business, as well as regulation of adult entertainment related business defined in Article 2, Paragraph 1 of Businesses Affecting Public Morals Regulation Act or person who conducts special business related to the entertainment business as defined in Article 2, Paragraph 5 of Businesses Affecting Public Morals Regulation Act.
(5) An organization that is against public morals or its related persons and those who are judged to be significantly lacking in credit.
(6) Collection restrictors as defined in Article 24, Paragraph 3 of the Money Lending Business Act (Law No. 32 of 1982), or persons similar to these
3. The member can register registered users (hereinafter referred to as “users”) up to the maximum number of people determined for each room by notifying the operator in advance, and users shall be able to use this facility.
4. All persons who use this facility and this service regularly must notify the operator as a user and register.
5. The member can not transfer or lend all or part of the membership rights.
1. At the time of vacating, the member must return all the cards to the operator.
1. If any one of the following facts occur, the member shall notify the operator of such fact and its contents in writing (notification of the contract change) without delay.
(1) If there is a change in the contractor, representative, trade name, user, other articles of incorporation regulations or articles.
(2) If there is a change registration for the trade name.
(3) If there is a change in the address or contact information of the contractor, representative, registered users.
(4) If there is a change in emergency contacts.
(5) If there is a change in business transfer or the company organization.
(6) If there is a significant change in the capital structure.
(7) If there is a cancellation of the user.
2. The member shall promptly notify the operator if any equipment, furniture, equipment, fixtures in the facility are damaged or soiled regardless of intention or negligence.
3. As using “BINARY STAR”, the member shall operate with a trade name (If there is any) that describes the type of industry (type of business) indicated.
In addition, if there is a change in these, the member must report to the operator in advance and obtain approval.
The operator shall be able to cancel the agreement and withdraw the member if there is no report of such a change or if the content of the reported change is deemed inappropriate for the use of “BINARYSTAR”
1. If the member or user falls under any of the following items, the operator may cancel this agreement immediately and withdraw the member without requiring any notice.
(2) If the operator receive request for temporary seizure, temporary disposition, seizure, auction, a request due to non-payment of taxes and public charges or a maintenance disposition.
(3) If bankruptcy, civil rehabilitation proceedings start and company reorganization proceedings are filed or dissolved without merger.
(5) If there are suspension of duties, business license or cancellation of business registration from the competent government agency.
(6) If there is a significant change in credit status.
(7) If the basic charge and other various charges are overdue.
(8) If there is an act of disturbing the order of sharing space among members.
(9) If the violation of the matters stated in Article 4 Paragraph 2 occured.
(10) If false information are listed in the application form.
(11) If intentionally trying to contaminate or damage the facilities and incidental equipment.
(12) If the member uses the facilities for office work sales activities, anti-social thought activities, adult entertainment activities or office for organized group of gangster.
(13) If conducted acts to bring anxiety to nearby people and nearby residents by dressing or acting like a gangster inside and outside of the facility.
(14) When this facility is used as a place of criminal activity concerning gambling, prostitution, stimulants.
(15) If the member become a criminal suspect or conduct an act related to a criminal act or an act that violates public order and morals.
(16) If the member carry in or use dangerous materials, drugs.
(17) If the member makes a prohibited act under article 12.
(18) If there is an act that the operator admits to deteriorate the grade as a member.
(19) If there is a fact that the member does not subscribe to the fire insurance designated by the operator.
2. In the case of termination of membership qualification or cancellation of the contract, the operator shall be able to immediately terminate all services provided to the member and users.
3. If the contract with the member is terminated and communication with the operator becomes impossible, the operator shall immediately forfeit the deposit by the member, enter the room immediately, change the key, or leave the property removal of figurines and restoration work shall be conducted, the member shall not make any objections to this.
The member shall not do the following acts when using this facility and shall not let the user do.
(1) Bringing in explosive or flammable articles, or other dangerous or foul odorous articles.
(2) Bringing in animals such as cats, dogs, birds and reptiles in the hall or the building.
(3) Smoking in the hall or the building site.
(4) Living in the hall or the building.
(5) Discourses and chattering noises that cause other members or neighbors to be a nuisance.
(6) Being a nuisance to other members due to the sound output from portable music equipment and sound leakage.
(7) Eating and drinking in the public area of the building. (However, snacks do not have strong smell are not limited to this)
(8) Using musical instruments or playground equipment, or playing mahjong in the hall or the building.
(9) Bringing in appliances (including heating appliances) and fuel that may cause fire.
(10) Discarding and leaving paper dust, trash and other wastes outside the designated area.
(11) Leaving articles in the public area of the building or in the building or installing or attaching signs, advertisements, bulletin boards, photographs and documents without permission. Also, Damaging to the walls by the attachment.
(12) Posting banners, flags, posters and signboards from buildings, walls, windows. (However, except for designated bulletin boards)
(13) Installing its own facilities or equipment without permission in the hall or bringing a large or large number of electrical products into a private room. (However, except for portable electronic products that are deemed necessary for business, such as personal computers)
(14) Parking cars, motorcycles and bicycles in and around the building.
(15) Conducting sales, solicitation, speeches, advertisements and demonstrations in the hall or the building.
(16) Being a hindrance to the sales or duties of other users or third parties.
(17) Infringing intellectual property rights, portrait right, right of privacy, honor, other right of the operator, other users or third parties.
(18) Sending information including computer viruses and other harmful computer programs.
(19) Transmitting or receiving data exceeding a certain data capacity defined by the operator through the network provided by the operator.
(20) Falsifying available information for “BINARYSTAR”.
(22) Interfering with the operation of the facility by the operator.
(23) Using the facility for the purpose other than the type of business described in the title. Also, the purpose other than original purpose about accessory structures.
(24) Letting a third party other than the member (including the registered users) accepted by the operator use the facility. Also, modifying or adding the member without permission by the operator.
(25) Remodeling the facility or installing new furniture (altering of original condition).(However, this does not apply if the approval of the operator is obtained.)
(26) Installing or exchanging keys without permission.
(27) Other actions that the operator recognizes as inappropriate.
1. The member is obliged to use the facility (including equipment and accessories in Schedule 1) with the attention of a good manager.
2. The member pays particular attention to the prevention of water leakage and fire occurrence at the facility, and immediately reports any abnormalities.
4. The operator lends to the member IC cards for the number of registered users required for using the facility at the same time as the contract starts.
5. The member stores and uses the IC cards received from the operator with the attention of a good administrator.
6. The member must immediately contact the operator when the IC cards are lost or damaged. In this case, the operator issues new IC cards at the expense of the member and delivers the key to the member.
1. In the case of fire, natural disaster, establishment or abolition of laws, administrative guidance, significant changes in social or economic conditions, problems with internet connections, Internet provider maintenance, problems with in-house LAN facilities or other unavoidable circumstances, the operators can abolish some or all of the services and facilities and limit their use. The operator shall not be liable for any damage caused by the abolition or restriction of use under this paragraph.
2. In accordance with the preceding paragraph, if the use restriction occurs for restoration or maintenance of facilities or services of “BINARY STAR”, the operator shall not be liable for any damage caused by the use restriction under this paragraph.
3. According to the preceding paragraph, if the operator judges that the facilities or services of “BINARY STAR” are lost or unrecoverable, or excessive cost is required for recovery, the contract loses its effect. The operator shall return the unpaid portion of the usage fee to the member.
4. The operator shall be able to appropriately change the facilities and services provided by “BINARY STAR” if the operator deems it necessary.
1. The operator shall be able to post the member’s logo on the operator’s homepage and in the facility.
2. The operator shall receive the following provision from the member in using the member’s logo.
(1) Logo mark material (basic form ai file (illustrator format), SVG file and high quality PDF)
(2) Guidelines for using logo mark (usage rules and expression rules)
3. If it is necessary to change the logo mark guidelines accompanying logo mark use, it shall be done by the member.
4. There is no liability for both sides of any damage caused to the operator and the member due to the member’s logo.
5. The member shall cooperate with the maintenance of the facility performed by the operator and on the website system.
Even if the member’s logo can not be posted due to construction or maintenance, the operator shall not be liable for any damages caused to it.
6. The member’s logo mark notice shall be able to be withdrawn promptly by the operator after the member’s use of the facility ends.
1. The member and users shall resolve their own disputes with the other members, users or third parties when using the facilities. The operator is obliged to not resolve any such disputes and shall not be liable. If the operator suffers due to a dispute between the members, the users or third parties, the member must compensate all damages due to the dispute in solidarity with related parties.
2. The member and users shall manage their own property under their own responsibility when using “BINARY STAR”. The operator shall not be liable in the property theft, loss, damage and other damages caused to the member and the user.
3. When using “BINARY STAR”, the member and users shall manage their own information under their own responsibilities. The operator shall not be liable in information leak, data loss, and damages to the member and the user.
4. If an accident occurs as a result of the use of the facility and equipment by the member, users or a third party, the operator shall not be liable for any damages.
5. If the operator is unable to reach their reasonable control (fire, blackout, hacking, computer virus intrusion, earthquake, flood, war, cessation of commerce, strikes, riots, inability to secure supplies and transport facilities, a case the government can not fulfill its obligations under the intervention of their authority, the establishment or abolition of internal or external laws and regulations), it shall not be liable to default for the principal member for the period of the condition.
1. If the member or his / her agent, employee, contractor, or any other person related to the member has caused damage to the operator, the owner of the facility, lessee, a third party or the property, the member must compensate for any damage that has occurred as well as immediately reporting this to the operator.
2. If the operator restores the damage caused by the provision of the preceding paragraph to the original condition, the member shall bear the compensation amount including the cost required for the restoration of the original condition. If it is difficult, compensation must be paid to the operator, the owner, another lessee or a third party for damages.
3. If property and third party insurance owned by the operator or the owner is increased due to the case imputable to be accused of the member, the member shall pay the operator the full amount of the increase.
4. If the operator, employees, contractors or a person related to the operator hurt the member or his/her employees, visitors or other members physically as well as damage their property, the operator must compensate for any damage caused thereby.
2. The Member shall comply with the Act on the Protection of Personal Information in all transactions between the operator and the member other than the preceding paragraph.
1. The member shall not disclose or leak information in the business, technical or other aspects of the other party (hereinafter referred to as “Confidential Information” and including the personal information in Article 13) upon fulfillment of the agreement to a third party. However, this shall not apply if the written consent of the other party has been obtained in advance.
2. Notwithstanding the preceding paragraph, the information that falls under any of the following items does not fall under confidential information.
(1) Information that has become publicly known without its own blame after having received information or disclosure that is already known at the time.
(2) Information already held legally at the time of disclosure.
(3) Information developed independently without using confidential information.
(4) Information obtained legally from third parties without obligation to maintain confidentiality.
3. The member shall not use the confidential information for any purpose other than the purpose of fulfilling the agreement.
4. If the information leakage occurs about the confidential information (including the case of doubt), the member shall immediately report to the other party in writing to that effect and follow the instructions.
5. If the contract is terminated or requested by the other party, the member shall discard or return confidential information (including copies and those by electromagnetic media) to the other party.
However, if the member is required to comply with the law or keep it in accordance with the company rules, it shall not be necessary to discard, delete or return them to the other party. In addition, the member confirms that such information is subject to the confidentiality obligation stipulated in this article.
6. Confidentiality obligation sets forth in this article shall be eligible after any termination of this agreement.
If a dispute arises over the rights and obligations under the agreement, the Tokyo district court or Tokyo summary court shall be the court of exclusive jurisdiction for the first trial.
Any questions relating to the interpretation of, or to a matter not stipulated in, the agreement shall be resolved by consultation between the operator and the member in good faith.