Terms of Service(Rev: 20231010)

This Terms of Service is old. Please check the latest Terms of Service here.

1. Purpose

These Terms of Service set forth matters that members of Japan Spark (hereinafter called "the Service"), a web platform which is used to request tasks including exchange of information such as reviews, opinions and ideas on the products and service provided by modelcase,Inc. (hereinafter called "the Company") shall comply with and relationships among the Company, a third party that commissions the Company (hereinafter called "Client") and members. Members shall well understand the contents of these Terms of Service and supplementary provisions (hereinafter called "the Terms") and agree to comply with the Terms before using the Service. A newly registered member is deemed to have agreed to these Terms of Service when he/she has completed the member registration, and these Terms of Service apply to members.
If a member is entrusted a job by the Company or a Client through Japan Spark, a service agreement shall be made between such member and the Company. Such member shall not make an employment contract with the Company and the Client.
Because members are individuals who are parties related to a contract as a business or for business projects, they do not fall under the category of "consumer" as defined in Article 2, Paragraph 1 of the Consumer Contract Act, therefore, these rules and the formed outsourcing agreement established based on them, shall not fall under the category of "consumer contract" prescribed in Paragraph 3 of the same article.

2. Revision of Terms

The Company may revise the Terms without notifying members and without obtaining consent from members, and the Company and members shall comply with the revised Terms. Members acknowledge that any members are deemed to have agreed to such revised Terms if they use the Service after such revision. Any members who do not agree to revision of the Terms may not use the Service. Furthermore, the Company assumes no responsibility for any damages to members caused by revision of the Terms.

3. Contents of the Service

The Service provides a space where members can exchange information such as reviews, opinions, and ideas on requests from the Company or Clients or offers a paid job. The Service uses account verification with the member’s email address or his/her Facebook（https://www.facebook.com/） account (hereinafter called “Facebook Account”) and requires member registration and registration of required information.
Based on attributes, career, skills, and reviews on past requests on the Service by the Company and Clients, requests that are presented to each member may vary.

4. Procedure of Service Agreement between Member and the Company and Accomplishment of Job, etc.

If a member wishes to take a job posted by the Company on Japan Spark website (or sent by email) (hereinafter called "Job"), such member shall send a message that clearly indicates that effect with the message function of the Service or by email.
If there is a person who is deemed to be appropriate for the Job among the members who sent a message as specified in the preceding section and such person is selected as the subcontractor, the Company will send an email or a message through the message function of the Service on behalf of the Client to notify the member of the Job offer, the Job details, contents of service agreement and other matters.
If the member who received the email or the message as specified in the preceding section made a reply and wished to accept the Job as described in the email or the message and if such reply has reached to the Company, a service agreement is concluded between the Company and the member upon arrival of such reply according to the contents shown in the email or the message.
The member shall comply with the laws and regulations, the Terms, and the service agreement, complete the Job by the prescribed due date, and deliver the work product if required.
The Company will inspect the Job after the completion or the delivery of the work product as specified in the preceding section. The member shall be responsible if any defect is detected within one (1) year from the completion of inspection, unless otherwise described in the service agreement.
The Company may provide the Client with personal information on the member who made a service agreement if needed, and the member shall agree in advance to such provision of personal information.
The member acknowledges that the Job assignment may be cancelled for any reason on the Company and Client sides and the member may not claim any compensation against the Client and the Company in such case.
Concerning the Job, the member shall comply with the following unless otherwise described in the service agreement between the member and the Company:
1. If any work product is made for the Job, the ownership of work product will be transferred upon delivery of the work product from the member to the Company or the Client.
2. For things and ideas that were invented in connection with the Job and the outcome of Job, the intellectual property right such as industrial property right (including rights to receive these) and copyright (including rights prescribed in Article 27 and Article 28 of the Copyright Act) will be also transferred from the member to the Company or the Client upon delivery of the outcome from the member to the Company or the Client.
3. The member ensures that his/her Job and its work product have not infringe any rights of third parties. If any conflict arises with third parties, the member settles it on his/her own responsibility and at his/her own cost and does not cause any damage to the Client.
4. The member shall neither disclose or leak any information obtained in connection with the conclusion of service agreement with the Company and the Job to any third parties other than the Client nor use it for any other purposes than the purpose to accomplish the Job. Confidentiality of such member shall survive not only during the term of service agreement but also after the termination of the service agreement as well as loss of his/her membership.
If a Client or a third party claims the Company for infringement of rights or other reasons in connection with a member's use of the Service, such member shall compensate the Company for the amount which the Company had to pay to such third party under such claim as well as the amount which the Company bore to settle the conflict, etc. relating to such claim (including fees for specialists like attorney and personnel expenses at the Company).
The Company assumes no responsibility for any damages to users in connection with the Service. If the Company accepts liability for damages to users under the Consumer Contract Act, etc. regardless of this section and other provisions of these Terms and Service, with the exception of intentional or gross negligence on The Company's part, the scope of the Company's liability shall be limited to the direct and general damages actually caused by the reasons attributable to the Company's responsibility.

5. Payment of Rewards to Members

A member may be in a position to request for payment according to the following section under the service agreement between the member and the Company after receipt of notification of completion of inspection from the Company or the Client. The time to receive the notification of completion of inspection after the completion of Job may vary for individual request.
Members may receive payment only if the amount of reward exceeds JPY 3,000. If a member wishes to receive payment for less than JPY 3,000, such member may request for the payment into his/her bank account as long as such member will bear the handling charge of JPY 300 (including consumption tax) at PayPal or the Company.
The Company confirms the amount of rewards at the end of each month and sends payment advice to eligible users on My Page of the Service or by email. Then, the payment shall be made by the end of the following month (or the next business day if the day falls on Saturday, Sunday or a national holiday) to the member’s saving account of a financial institution which is designated by the member.
If a member whose amount of rewards is less than JPY 3,000 has not requested for payment within one (1) year after receiving the notice of completion of inspection, such member loses the remuneration right.

6. Membership Requirements

Member means a person who agrees to these Terms of Service and the Privacy Policy and completed the member registration of the Service.
Members shall not assign, lend, transfer, sell or provide in any other methods their membership to any third party.
Members shall provide latest and accurate information required by the Company in the member registration. If the Company asks members to submit documents, etc., members shall satisfy the request unless there are reasonable grounds.
Those who wish to become a member fall under any of the following shall not perform the member registration:
1. Japanese national (excluding those who were born outside Japan and acquired Japanese nationality)
2. Person under the age of 18
3. Already registered-member
4. Person who works at a company providing similar service to the Service or is engaged in a profession relating to such business and his/her family members
5. Person who currently belongs to or belonged to anti-social forces such as an organized crime group and who currently has or had a relationship with anti-social forces
6. If the Company judges that all or part of the information provided to the Company in the membership registration as false or incomplete
7. Person who the Company judges is a person who violated an agreement with the Company in the past or a person relating to such person
8. If the Company judges the member registration as inappropriate
The Company has no obligation to disclose the reasons of refusal of registration and de-registration to those who wish to become a member and existing members.

7. Login ID and Password Management

Each member shall be responsible for management and use of his/her own login ID and password required to use the Service.
Members shall not let a third party including their family members use their ID and password or shall not disclose them.
If a member found that a third party knew his/her ID and password or possible unauthorized use of ID and password by a third party, such member shall promptly contact the Company to apply for invalidation of such ID and password.
The Company, with the exception of intentional or gross negligence on The Company's part, shall not be liable in the event that a Member is disadvantaged or experiences loss due to negligence in the mismanagement of the ID and password of the Member. In addition, if the Company, the Client Company, or a third party suffered damages due to negligence in the management of the Member's ID and password, the Member shall compensate the Company, the client company, or the third party for such damages

8. Handling of Member Information

The Company shall properly manage members’ registration information and other personal information obtained through the Service according to the Privacy Policy published on the Website by the Company (hereinafter called “Privacy Policy”). Members shall confirm the Privacy Policy on the Website before using the Service. A newly registered member is deemed to have agreed to the Privacy Policy when he/she has completed the member registration.

9. Prohibitions

Members shall not perform any action which falls under or may fall under any of the following in connection with use of the Service:
1. Any action against laws and regulations, public order, the Terms and instruction of the Company and Clients
2. Any action that prevents the Company from operating the Service or other members or Clients from using the Service
3. Any action to use the Service for illicit purposes
4. Any action to provide false or incorrect registration information to the Company
5. Acting as a third party to use the Service
6. Any action to illegally use ID and password or any action to cause unauthorized use by a third party
7. Any action to write information that is false or against the fact or to make false statements
8. Any action to breach an agreement made with a Client through the Service
9. Any action to breach confidentiality under the Terms of Service or regulation separately specified
10. Any action that infringes intellectual property rights of the Company, Clients, members or other third parties such as trademark rights, copyrights, design rights and patent rights as well as their portrait rights, publicity rights, and other rights
11. Any action that defames or damages the credibility of the Company, Clients, members, or other third parties, or infringes their privacy
12. Any action to manipulate or delete the information of the Company, Clients, members, or other third parties
13. Unauthorized use of facilities of the Company, Clients, members, or other third parties, or any action that hinders their operation
14. Any action to send, provide or recommend harmful programs such as computer virus
15. Any action against the membership and rules of Facebook
16. Any other actions that the Company determines as inappropriate
If any action in the preceding sections conducted by a member or member’s breach of these Terms and Service causes damage to the Company, Clients, members or other third parties, such member shall indemnify the Company, Clients, members or other third parties from any damages on his/her own responsibility and at his/her own cost.

10. Revision and Update of Registration Information and Withdrawal

Members shall revise their registration information following the procedure specified by the Company without delay if there is any change in information of their member registration.
Members shall follow the procedure specified by the Company on the Website of the Service to withdraw from the Service. Once members have completed the withdrawal procedure, the withdrawal becomes effective.
The Company shall delete the member information which the Company retains (except in the cases where the Company retains the member information within the laws) upon the member’s withdrawal as specified in the preceding section. Members acknowledge that the Company may not respond to matters that cannot be checked without member information when those who have withdrawn to the Service make an inquiry on member information, etc. at the Company.
When a member withdraws to the Service, the rewards or compensation shall be paid under the provisions of Article 5 only if such member requests for payment under Article 5 during his/her withdrawal procedure. If such member has not requested for payment before the completion of withdrawal procedure, such member loses the remuneration right under Article 5 on the day of withdrawal.
The preceding provision does not apply to the members who are forced to withdraw to the Service under Article 6 and Article 9. Such members shall lose their remuneration right on the day of forced withdrawal.
Members acknowledge that information provided and posted by members in connection with the Service will not be deleted after withdrawal of members and will survive as posted information on the Service; provided, however, that this does not apply to the posted information that is subject to deletion under these Terms of Service.

11. Membership Suspension and Deletion

If the Company determines that a member falls under any of the following, the Company may suspend use of the Service by such member or temporarily suspend, cancel or delete the membership of such member without obtaining consent from members:
1. If a member violates the laws, the ordinances, other regulations, or these Terms of Service or regulations separately specified
2. A member who falls under Article 6 Section 4
3. If a member performed any action which falls under any of prohibitions of Article 9
4. If the Company judges a person is not an appropriate person for membership
Members acknowledge that if the Company suspends use of the Service by a member or deleted his/her membership as specified in the preceding section, the Company has no obligation to notify such member of that effect and assumes no responsibility for providing or disclosing the reasons, etc. to such member if he/she makes an inquiry on such measures.
If a member causes damage to the Company, Clients, members, or other third parties on the Service due to the reason attributable to the member, such member shall be responsible for compensating for such damages even

12. Service Provision Discontinuation and Termination, etc.

The Company may change, discontinue, or terminate the contents of the Services without notice to its members or without their consent. The Company shall not be liable for any disadvantage or damage to its members as a result of changes, suspension, or termination of the Services. In the event that the Company is liable for damages to its members by the application of the Consumer Contract Act, etc., regardless of the provisions of this paragraph, the Terms, etc. or the Business Entrustment Agreement, with the exception of intentional or gross negligence on The Company's part, the scope of the Company's liability shall be limited to direct and ordinary damages that have actually occurred due to reasons attributable to the Company.

13. Email Communication

The Company may occasionally send members emails containing information on the Service or relating to advertisement and promotion of the Company or third parties.
Members acknowledge that members agree to receive the emails described in the preceding section by completing the registration on the Service.
Members agree to bear the cost of communication required to receive the emails described in Section 1 and to use the Service.

14. Copyright and Ownership

Members shall transfer for free the copyright and any other rights (including rights prescribed in Article 27 and Article 28 of the Copyright Act) of any contents communicated, posted or published by exchanging and sharing information including reviews, opinions and ideas on the products and service on the Service by members and work product for the assigned task to the Company, and the Company may copy, modify, publish, or provide, transfer or sell etc. to a third party these contents at its own discretion. Furthermore, members, etc. shall not exercise the author's moral right of the transferred copyrighted work to the Company or the third parties designated by the Company.

15. Severability

If any provision or a part of a provision of these Terms of Service is found invalid for any reason, the validity of the remaining provisions shall not be affected in any way. In such case, the provision which is found invalid shall be interpreted in a limited manner to the extent necessary to be effective.

16. Governing Law and Exclusive Court of Jurisdiction

These Terms of Service are governed by and interpreted in accordance with the laws of Japan. Any dispute arising between the Company and members shall be subject to the exclusive jurisdiction of the Tokyo Summary Court or the Tokyo District Court in the first instance depending on the jurisdictional amount.

17. Other

These Terms and Conditions are for reference purposes only and the original written in Japanese shall have legal effect. The accuracy, with respect to the English translation, is not necessarily guaranteed and is used for reference only.

Date established: September 1st, 2020 (detail)
Date of revision: October 10th, 2023