CAMPFIRE Inc. and its subsidiaries and affiliates (“CAMPFIRE”) (“CAMPFIRE”) and its subsidiaries and affiliates (“CAMPFIRE”) hereby establish the terms and conditions for the crowdfunding service provided by CAMPFIRE (the “Service”). This Terms of Use is hereby established for the crowdfunding service provided by CAMPFIRE (hereinafter referred to as the “Service”). This Terms of Use constitutes the agreement between the User and CAMPFIRE (as defined in Article 1(2)) for the use of the Service. CAMPFIRE and the User agree that these Terms of Use constitute the agreement between the User and CAMPFIRE for the use of the Service.
Article 1 (Definitions)
Terms used in this Agreement are defined as follows
(1) “Member”
A person who has approved this Agreement, applied for membership to use the Service in a manner determined by CAMPFIRE, and has been approved by CAMPFIRE.
(2) “User”
All Users who use the Service.
(3) “Project”
Projects, products, etc. posted on the Service.
(4) “Project Owner”
The person who plans, manages, operates, etc. the project.
(5) “Backer”
Users who support a project.
(6) “Support Agreement”
A contract that is formed between a Backer and the Project Owner when a project is approved.
(7) “Support”
The act of a Backer paying a certain amount of money to the Project Owner based on sympathy for the project.
(8) “Reward”
The provision of goods, services, or a reward gift to express gratitude from the Project Owner for the support of the project.
(9) “Application period”
The period set by the Project Owner for each project on the Service during which support is solicited.
(10) “Target Amount”
The target amount of total support set by the Project Owner for each project.
(11) “External social media”
A social networking service provided by Facebook or other service providers that is used by CAMPFIRE to authenticate members, disclose friendships, and publish content within such external social networking service.
Chapter 1 Membership Registration, etc.
Article 2 (Membership Application)
1. To become a member of CAMPFIRE, Users must read and agree to abide by this Agreement and the CAMPFIRE Privacy Policy, and then apply for membership by providing the required information in the form provided by CAMPFIRE. When filling out the form, Users are required to provide us with authentic information. The same person may not register for more than one membership.
If CAMPFIRE accepts the application as described in the previous section, the membership registration process will be completed at the time of acceptance, and the applicant will acquire the status of a member from this point on. CAMPFIRE will not accept the application in the following cases:
(1) If all or part of the information provided to CAMPFIRE at the time of application (hereinafter referred to as “Registration Information”) is false, erroneous or omitted
(2) If it is found that User’s membership has been suspended in the past or that Users have fallen under any of the reasons for suspension.
(3) When there is a risk of violation of the commitments stipulated in Article 22, Paragraph 1.
(4) If any of the reasons set forth in Article 23 are recognized
(5) In any other cases where CAMPFIRE deems the registration to be inappropriate.
2. In the event that CAMPFIRE does not give its consent as stipulated in the preceding article, CAMPFIRE shall not be obliged to disclose the reason to the applicant.
Article 3 (Management of Member ID and Password)
1. Members are responsible for the management and safekeeping of their member IDs, passwords, etc., which CAMPFIRE grants to members. Members must change the password they set regularly to prevent unauthorized use.
2. Members may not allow a third party to use their member ID or password, or transfer or pledge their member ID or password to a third party.
3. Members shall be responsible for any damages caused by inadequate management of their member IDs and passwords, errors in use, or use by third parties, and CAMPFIRE shall not be liable for any such damages unless they are caused by CAMPFIRE's intentional or negligent acts.
4. If a member's member ID or password is divulged to a third party, or if a member suspects that his/her member ID or password is being used by a third party, the member shall immediately notify CAMPFIRE to that effect and comply with CAMPFIRE's instructions, if any. In such a case, CAMPFIRE may suspend the member's ID or password as an unauthorized account.
Article 4 (Changes to submitted information, etc.)
1. Should there be any change in the registration information provided to CAMPFIRE when applying for membership, the member shall provide CAMPFIRE with such information without delay.
2. Members must comply with any request from CAMPFIRE to provide identification documents or other information related to their membership.
Article 5 (Cancellation of membership)
1. A member can cancel his/her CAMPFIRE membership (resign from membership) through the designated procedure.
2. In the event of the death of a member or any other event that makes it impossible for the member to use his/her membership, CAMPFIRE will consider the member to have cancelled his/her membership at that time and suspend the use of his/her member ID and password.
Article 6 (Suspension and cancellation of membership)
1. CAMPFIRE may suspend the membership or cancel the membership registration without any prior notice or demand to the member for any of the following reasons:
(1)If a member uses or causes others to use their member ID or password or the service illegally.
(2) If there is any falsehood, error or omission in all or part of the registration information provided to CAMPFIRE.
(3)If Users use or attempt to use the Service for any purpose or in any way that may cause damage to CAMPFIRE, other users, external social media providers or any other third party.
(4) If Users obstruct the operation of the Service, regardless of the means used
(5) If the member fails to fulfill payment obligations (including support payments) by the due date
(6) If a petition for seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation is filed against the member, or if the member files for bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation himself/herself
(7) When a member is suspected of committing a crime for which a statutory penalty of imprisonment or greater has been established
(8）When there is a password input error more than the number of times specified by CAMPFIRE.
(9）When there is no use of the Service within the period specified by CAMPFIRE
(10）When the registered email address or telephone number is disconnected and CAMPFIRE is unable to contact the member.
(11）When a member violates any of the terms of this agreement
(12）If the financial institution concerned points out that there are illegal, inappropriate or other problems with the account at the financial institution registered by the user.
(13) When it is recognized that there is a risk of a breach of the commitments set forth in Article 22, Paragraph 1.
(14)If any of the reasons set forth in Article 23 are recognized.
(15) When the statements made to CAMPFIRE are contrary to the facts
(16) If CAMPFIRE reasonably determines, based on reasonable grounds, that the applicant is not qualified to be a member.
2. If a member falls under any of the items of the preceding paragraph after a project has been approved but before CAMPFIRE completes the transfer of support funds to the Project Owner, CAMPFIRE may (i) if the member is a Backer, void the relevant support and refund the paid-in funds according to the procedure determined by CAMPFIRE (ii) In the case of a Project Owner, CAMPFIRE may immediately suspend the posting of the Project, and may declare the approved Project to be unsuccessful.
3. In the event that CAMPFIRE has a reasonable suspicion that any of the items in Paragraph 1 apply, CAMPFIRE may temporarily suspend the Member's use of the service until the confirmation of the facts is completed.
4. CAMPFIRE shall not be liable for any damages incurred by the member as a result of actions taken by CAMPFIRE in accordance with this article, except in cases where CAMPFIRE is liable for default or tort.
Chapter 2 Services provided by CAMPFIRE
Article 7 (CAMPFIRE service and parties to the support agreement)
1. The service is a platform for an unspecified number of users to become Backers of a project posted by a member as the Project Owner, and to provide financial support to the project.
2. When a project is approved, a support contract is concluded between the Project Owner and the Backers. The platform provider CAMPFIRE is not a party to the support contract.
Article 8 (Packaged Services)
1. CAMPFIRE may provide the services listed below at the Project Owner's option when posting a project. The scope and details of the services to be provided will be determined separately between CAMPFIRE and the Project Owner.
(1) Translation services (translation of English or Chinese into Japanese, including project pages (including images and videos to be posted), advertising materials and press releases)
(2) Production of pre-launch advertising materials and project pages (images, videos, text, etc.)
(3) Receipt of product samples, etc., and shipping to Influencers or exhibition sites, etc., on behalf of the Project Owner(provided that the products are within the liability limits stipulated in the terms and conditions of carriage of the carrier used for delivery)
(4) Operations related to customer support
- Period: From the start of pre-marketing to the end of the month in which all Rewards are expected to be received by Backers.
- Creation and communication of Backer lists (including translation of Backer information)
(5)Work to prepare and communicate lists of Backers (including translation of information on Backers).
(6) Support operations related to social media advertising
(7) Project Updating support services
- Provision period: From the start of pre-marketing to the end of the month when the project is scheduled to be completed.
- Content: Translation and posting of Project Updates prepared by the Project Owner (see Article 16) and calculation of the amount of support achieved and posting of Project Updates related to the amount of support achieved on behalf of the Project Owner.
2. The provision of services by CAMPFIRE in accordance with the preceding paragraph does not guarantee that the contents of the project are accurate, appropriate, or legal, nor does it guarantee that the project will be successful or that Rewards will be made without delay or in full. CAMPFIRE will not be liable for any loss or damage incurred by the Project Owner or any third party as a result of the provision of such services.
Article 9 (Use of Support Services, etc.)
When CAMPFIRE provides Project Owners with Support Services, etc. (including but not limited to the services set forth in Paragraph 1 (2) and (6) of the preceding article), Project Owners agree to be bound by the following terms and conditions.
(1) Support Service Application Agreement
(2) CAMPFIRE Support Menu Application Terms and Conditions
Article 9-2 (Terms and Conditions for Packaged Services and Support Services, etc.)
1. Notwithstanding the provisions of the various rules, he Project Owner shall be obliged to pay CAMPFIRE the amount (in US dollars) agreed with CAMPFIRE as compensation for the services (including but not limited to the services stipulated in Article 8 and the preceding article) to a bank account separately designated by CAMPFIRE in advance by the specified date. In this case, the Project Owner shall bear the remittance fee. The Project Owner shall promptly notify CAMPFIRE (by a method separately specified by CAMPFIRE) of the completion of the remittance after the remittance.
2. CAMPFIRE shall convert the consideration (in U.S. dollars) remitted by the Project Owner in accordance with the preceding paragraph into Japanese yen at a time and rate determined by CAMPFIRE’s discretion, and shall provide the Packaged Services and Support Services, etc. within the limit of the amount of Japanese yen after conversion. In this case, CAMPFIRE shall not provide such services unless CAMPFIRE confirms the payment of such consideration.
3. When CAMPFIRE pays the Project Owner the Support Payment in accordance with Article 20.Paragraph 2, if there is any balance in the consideration stipulated in this Article, CAMPFIRE shall remit such balance to the Project Owner by the method stipulated in the same paragraph of this Article, adding the amount of the Support Payment. The remittance fee shall be borne by the Project Owner.
Chapter 3: Rules for Project Owners
Article 10 (Eligibility)
1. In order to solicit support from backers as a Project Owner, you must meet the following conditions:
(1) You must be a CAMPFIRE member.
(2) You must be a corporation (the representative of the corporation must be over the age of majority)
(3) The applicant must have a telephone number (including a cell phone number), a bank account in the name of the corporation, and a certificate issued by a public institution (corporate registration, etc.). In addition, the corporate representative must have a telephone number (including a cell phone number) and an identification card issued by a public institution (passport, etc.).
2. Users who apply to become Project Owners must provide the above proof or any other information or documents that CAMPFIRE deems necessary.
Article 11 (Obligations of Project Owner)
1. The Project Owner must comply with the Act on Specified Commercial Transactions, the Act Against Unjustifiable Premiums and Misleading Representations, and other related laws and regulations in Japan, in addition to the laws and regulations applicable to the Project Owner, when posting projects and providing Rewards. If the Project Owner is a “seller” under the Act on Specified Commercial Transactions, you must post a notice under the Act on Specified Commercial Transactions on your project page or on a page that can be accessed by a link from your project page, such as your profile page as a Project Owner.
2. If the Project Owners are making a Reward that falls under any of the following categories, please indicate on the project page or the Project Owner's profile page, which can be accessed via a link from the project page, the license/permit number, the name of the person responsible for management, and other information required by law to be displayed on the website for the respective license/permit:
(1) Secondhand articles: Secondhand dealer permit
(2) Alcoholic beverages: Mail order liquor retailer license
(3) Food: Business license under the Food Sanitation Law
(4) Pharmaceuticals and medical devices: license under the Pharmaceuticals and Medical Devices Law
(5) Other cases in which permits or licenses are required by laws and regulations.
3. Project Owners must take the initiative in carrying out the project to be posted on the site. If the feasibility of a project is deemed to be unrealistic or extremely low, we may refuse to publish the project. The Project Owner is obligated to ensure that the Reward promised in the support contract will be executed when the crowdfunding project is approved. It is not possible to set a Reward whose execution is uncertain.
4. Project Owners may not impersonate any other person (including individuals or corporations) for any reason. Project Owners must be truthful in all factual information in their project applications and postings, including the name and contact information of the individual or entity.
5. Projects must be specifically identified in terms of their purpose, activities, etc. In addition, it is prohibited to describe any mutually contradictory or misleading information regarding the duration of the project, the contents of Rewards and their relationship to the amount of support provided, and other matters. The use of images that are not recognized as having any relationship to the content of the project is not permitted.
Article 12 (Prohibited Items)
Posting of a project or Reward is prohibited if the contents of the project or Reward correspond to any of the following:
(1) If the project or Reward does not or may not comply with laws and regulations.
(Examples of these are)
- Infringement of any intellectual property rights, including copyrights
- Handling of food in a manner that violates obligations under the Food
Sanitation Law or Food Labeling Law
- Handling of alcoholic beverages in a manner that violates obligations under the Liquor Tax Law
- Selling telecommunications equipment in a manner that is not in accordance with regulations under the Radio Law
- Handling of products in violation of the Act on Quality, Efficacy and Safety Assurance of Pharmaceuticals, Medical Devices, etc. and related laws and regulations
- Handling of animals in a manner that violates regulations regarding animal handling business
- Provision or handling of tourism services in violation of regulations under the Travel Agency Law, Road Transportation Law, etc.
※The above are only examples. The existence or non-existence of legal regulations and their implementation must be carried out by the Project Owner who is the party to the support agreement at his/her own responsibility, and CAMPFIRE will not be held responsible for such implementation.
(2) When the goods or services handled in the project or Reward are or may be in violation of laws and regulations.
(Examples of these are)
- Weapons, firearms
- Stimulants, narcotics, psychotropic drugs, poisons, deleterious substances, etc.
- Tobacco, nicotine-containing liquids
- Gunpowder
- Ivory and other products prohibited by the Law for the Preservation of Species
- Prostitution or sexually immoral acts
- Gambling, buying and selling of lottery tickets, and related activities
※The above are only examples. The Project Owner, who is the party to the support agreement, is responsible for the implementation of any legal restrictions and CAMPFIRE will not be held responsible for any such restrictions.
(3) When the Financial Instruments and Exchange Law applies or is likely to apply to the project or Reward. If the project or Reward falls under or is likely to fall under the category of prepaid means of payment as defined in the Funds Settlement Law (except in cases where CAMPFIRE deems it appropriate to post the information in consideration of individual circumstances and it is confirmed that there are no problems under the Funds Settlement Law or other laws and regulations) or cryptographic assets.
(4) The provision of the following products or services that CAMPFIRE determines from a moral standpoint to be likely to promote crime or to be associated with the project or Rewards.
- Air guns, stun guns, tear gas, tear gas spray
- High-priced products claiming to bring good luck, ward off evil, or provide health benefits.
- Items that fall under or may fall under pyramid schemes or pyramid selling schemes
- Extremely expensive jewelry or other goods
- Gold certificates, gift certificates, coupons, etc. that are recognized as tradable
- Items that are recognized as extremely stimulating the gambling spirit
- Animals and other living creatures (including all living creatures such as birds, fish, reptiles, and insects)
(5) If the contents of the project or Reward are or may be harmful to the rights of others, such as portrait rights, privacy rights, or personal rights
(6) If the project or Reward contains content that is or may be discriminatory in terms of nationality, ethnicity, race, social status, gender, ideology, religious beliefs, medical history, education, age, etc.
(7) When the contents of the project or Rewards are deemed to be the provision or expression of goods or services that are inappropriate from the viewpoint of the protection and nurturing of young people.
(8) When CAMPFIRE deems it inappropriate to post the project or Reward as a purpose for extremely specific individuals.
(9) When the purpose is to donate to a third party (except for cases individually approved by CAMPFIRE)
(10) When dealing with goods or services that are generally available on the market or have a fixed price, but for which they are not the manufacturer or seller.
(11) Cases in which the goods have a fixed price and there is a significant difference between the said fixed price and the Reward price.
(12) When the purpose of the project or Reward is, or is deemed likely to be, political or religious activities.
(13) If the project or Rewards are deemed to be incompatible with the service itself or the philosophy of CAMPFIRE.
(14) Other cases in which CAMPFIRE deems the project to be inappropriate for posting.
Article 13 (Application and Posting)
1. In order to solicit support as a Project Owner, you must apply by entering the information specified by CAMPFIRE in the entry form. In addition, you must submit the necessary information and documents separately when individually requested by CAMPFIRE.
2. CAMPFIRE reserves the right to disapprove the posting of a project in relation to an application if any of the following circumstances are found.
(1) When it cannot be confirmed that the applicant is eligible to use the service as stipulated in Article 11.
(2) When the information applied for at the time of application contains factual inaccuracies
(3) If the contents of the project or Reward violate the prohibitions set forth in the preceding article
(4) If the project falls under any of the reasons for suspension of membership as stipulated in Article 6, Paragraph1
(5) If CAMPFIRE reasonably determines, based on reasonable grounds, that the project is inappropriate for publication, such as when there is a suspicion that the Project Owner has violated these Terms of Use.
3. If any of the circumstances described in the preceding paragraph become clear after a project has been posted and before CAMPFIRE pays the Project Owner the Fund in accordance with Article 20, Paragraph 2 or Paragraph 4, CAMPFIRE may disapprove the posting of the project in question and suspend its posting. In addition, the posting of projects whose application period and support has ended shall be at the discretion of CAMPFIRE.
4. If, after a project has been posted, the circumstances described in each item of Paragraph 2 are reasonably suspected, CAMPFIRE may temporarily suspend the posting of the project while it is necessary to verify the facts. The Project Owner must cooperate as necessary with CAMPFIRE's verification of the facts.
5. In the event that CAMPFIRE disapproves an application or suspends the publication of a project due to the circumstances set forth in Paragraphs 2 through 4, CAMPFIRE is not obligated to disclose the reasons for such disapproval or suspension.
6. CAMPFIRE shall not be liable for any damages incurred by members due to actions taken by CAMPFIRE in accordance with this article, except in cases where CAMPFIRE is liable for default or tort.
Article 14 (Types of Projects and Conditions for Establishment)
The types of projects and the conditions for their establishment are as follows:
(1) Type: Purchase-type project
A purchase-type project is a project in which the contract of support between the Project Owner and the Backer r is a paid contract, such as a sales contract, when the project is approved. The Project Owner provides a Reward to the Backer as compensation for the support contract.
(2) Condition for establishment: All-in method
A project is established when the support for the project reaches one yen, and the Project Owner is paid regardless of whether or not the collected Fund reaches the target amount.
Article 15 (Fees and Consideration to be incurred by the Project Owner)
1. When a project is approved, the Project Owner shall be obligated to pay to CAMPFIRE the prescribed commission fee in Japanese yen. The timing of the payment of the commission by the Project Owner shall be the same as the date of the payment of the Fund stipulated in Article 20, and CAMPFIRE shall deduct the commission from the Fund stipulated in the same Article. However, if there is a separate agreement between CAMPFIRE and the 2.Project Owner regarding the commission, the said agreement shall take precedence.
2. In addition to the project posting fee stipulated in the preceding paragraph, the Project Owner shall be obligated to pay CAMPFIRE for the services rendered in accordance with Article 9-2. In this case the remittance fee shall be borne by the Project Owner.
3. CAMPFIRE will not refund the consideration paid by the Project Owner under the preceding paragraph for any reason whatsoever. However, if CAMPFIRE's performance of said services results in a balance, the balance will be refunded in the same manner as stipulated in Article 20, Paragraph 2, combined with the payment of the funds stipulated in Article 20, Paragraph 2. The remittance fee shall be borne by the Project Owner.
Article 15-2 (Payment Rules)
1. All payments under this Agreement shall be treated at the discretion of CAMPFIRE in the event of any fraction less than a whole yen.
2. All taxes under this Agreement shall be borne and paid by the party required to pay such taxes under applicable laws.
Article 16 (Project Update)
1. Upon successful completion of a project, the Project Owner shall post an Project Update including the following items in accordance with these Terms and Conditions by 18:00 Japan Standard Time within 10 days from the date of completion of the project:
(1) Any changes regarding the arrival time of the Reward
(2) Details of the Reward shipping method and schedule
(e.g., shipping process, schedule per process and shipping method (by land, sea, air, etc.))
(3) Contact information, time to reply, and language of correspondence.
2. CAMPFIRE reserves the right to cancel the project and to reject the project in accordance with Article 6, Paragraph 2 of the Terms and Conditions if the Project Owner does not submit an Project Update (including a substitute for submission) by 7 business days prior to the month in which the Reward is due. In such a case, the Project Owner may not be able to post a new project for a period of 6 months from the month in which the project was cancelled.
Article 17 (Provision of Rewards)
1. The Project Owner must set a Reward within the range of the amount of money that the Backer is willing to support in advance.
2. The Project Owner will provide the pre-determined Reward to the Backers if the project is successful.
3.The Project Owner shall provide a clear indication on the Website of the timing of the Reward (e.g., shipping) for each project when the project is approved. In the event of delays or late delivery due to various reasons, the Project Owner, who is a party to the support agreement and responsible for the delivery of Rewards, shall contact the relevant Backers himself/herself, and CAMPFIRE shall not be liable for any such delays or late delivery.
4. The Project Owner shall be responsible for responding promptly and in good faith to any inquiries regarding the Reward.
5. Rewards cannot be changed or cancelled after the project has been approved. If the Project Owner needs to change the contents of a Reward due to unavoidable circumstances, the Project Owner shall obtain the individual consent of the Backers at its own responsibility, and shall change the Reward only to the extent that the Backers have given their consent.
6. If the Project Owner needs a Backer's personal information (address, telephone number, email address, etc.) to provide a Reward, the Project Owner shall obtain such information in a manner determined by CAMPFIRE. In this case, the Backer's personal information may only be used to the extent necessary in connection with the fulfillment of the Reward and activities related to the Project. In order for the Project Owner to use a Backer's personal information for any purpose other than the above, the Project Owner must obtain individual consent from the Backer on its own responsibility. CAMPFIRE will not be held responsible for any damage caused by the leakage of information or other problems, except in the case of intentional or negligent acts on the part of CAMPFIRE.
Article 18 (Cancellation of Projects)
1. Once a project has been posted on the service, the posting of the project cannot be withdrawn without the consent of CAMPFIRE, nor can the application period, target amount, or Reward content or amount be changed. However, the Project Owner may terminate the project listing only if the Project Owner determines that the project cannot be continued for unavoidable reasons, and the Project Owner promptly notifies CAMPFIRE to that effect, and CAMPFIRE gives its consent.
2. In the case of the preceding paragraph, the Project Owner agrees in advance that a certain cancellation fee determined by CAMPFIRE will be incurred; CAMPFIRE will provide the Project Owner with the amount of the cancellation fee prior to the cancellation being processed.
3. After receiving the cancellation fee request from CAMPFIRE, the Project Owner shall promptly pay the cancellation fee by wire transfer to the bank account designated by CAMPFIRE.
4.In the event that the Project is cancelled pursuant to this Article, the Project Owner shall explain the circumstances of the cancellation to the Backers in a manner determined by CAMPFIRE, and shall be responsible for responding to individual inquiries from Backers.
Article 19 (Troubles related to the project)
1. Any problems, requests for refunds, or other disputes between the parties to the support agreement that arise during the course of project activities are matters to be resolved between the Project Owner and the Backers who are parties to the support agreement, and CAMPFIRE and the Service Providers listed in Article 9 shall not be held liable for any such problems. CAMPFIRE and the service providers listed in Article 9 will not be held responsible for any such disputes. CAMPFIRE and the service providers listed in Article 9 will not be held liable in any way for any cancellation of support by a Backer.
2. If the Project Owner fails to respond to an inquiry from a Backer or to a fact check from CAMPFIRE pursuant to the preceding paragraph, and CAMPFIRE deems it highly necessary for the Backer to exercise his/her rights under the Support Agreement, CAMPFIRE will notify the Project Owner of the following may provide the Backers with the Project Owner's name, e-mail address, telephone number and other contact information as notified by the Project Owner to CAMPFIRE.
Article 20 (Payment of Funds)
1. The Project Owner authorizes CAMPFIRE to receive the Funds paid by the Backers on behalf of the Project Owner. The fulfillment of the Backer's obligation to pay the Funds shall be deemed to have been completed when CAMPFIRE receives the Backer's payment on behalf of the Project Owner.
2. In the event that a Project is approved within the period of the Call for Projects, CAMPFIRE will pay the Project Owner the Funds received on behalf of the Project Owner in a manner prescribed by CAMPFIRE until the last day of the month following the month in which the end of the Call for Projects falls. In this case, in principle, the payment will be made in Japanese yen. However, only in cases where CAMPFIRE approves in advance, payment in foreign currencies will be accepted. The remittance fee shall be borne by the Project Owner.
3. CAMPFIRE shall deduct the fees and all other debts owed by the Project Owner to CAMPFIRE upon payment of the support to the Project Owner. However, this excludes cases where there is a separate special written agreement between CAMPFIRE and the Project Owner.
4 Notwithstanding the provisions of Paragraph 2, CAMPFIRE may change the deadline for payment of Funds upon prior notice to the Project Owner in any of the following cases:
(1)CAMPFIRE determines that the project or Rewards are non-conforming.
(2)CAMPFIRE confirms that the Project Owner has defaulted on the project or Reward on another company's platform other than CAMPFIRE.
(3)CAMPFIRE has reasonable grounds to believe that the Project Owner may violate the Terms of Use, such as delaying or disrupting the Project Owner's ability to fulfill the Reward.
5. In the event that the Project Owner wishes to make an early payment of the Funds, CAMPFIRE may do so on a date to be determined in advance by CAMPFIRE, provided that CAMPFIRE accepts the request and the Project Owner pays the early transfer fee (in Japanese yen) that CAMPFIRE will provide to the Project Owner in advance. If, after CAMPFIRE has notified the Project Owner that the Support Payment has been confirmed, 6 months have passed without the Support Payment being received by the Project Owner due to reasons such as incomplete account information or other information requested at the time of application as described in Article 13, Paragraph1, CAMPFIRE may deem that the Project Owner has waived his/her right to claim payment of the Funds.
Article 21 (representations and warranties)
1. The Project Owner acknowledges, represents and warrants that the transfer of funds to the Project Owner shall not be subject to (i) the Foreign Exchange and Foreign Trade Act (Act No. 228 of 1949, as amended) and its related regulations, (ii) regulations imposed by the U.S. Office of Foreign Assets Control (OFAC), (iii) any other applicable restrictions on the transfer of funds imposed by governmental agencies or international organizations or other (iii) any other applicable restrictions on the transfer of funds or other sanction-related rules and regulations imposed by any governmental agency or international organization.
2. In connection with the confirmations, representations and warranties set forth in the preceding paragraph, the Project Owner agrees to provide or submit such information or evidence as may be requested by CAMPFIRE, the relevant financial institutions and regulatory authorities.
Article 22 (Exclusion of Anti Social Forces, etc.)
1. The Project Owner shall not engage in any activity that would constitute a violation of the following provisions: (1) Anti Social Forces (organized crime groups), Anti Social Forces members and those who have not been Anti Social Forces members for 5 years, quasi-organized crime groups, those belonging to companies affiliated with organized crime groups, general assemblymen, etc., goros for social activities, special intelligence violent groups, etc., terrorists, and those designated by the Japanese or foreign governments as subject to economic sanctions. (The above 9 persons are hereinafter collectively referred to as “Anti Social Forces-in etc.”) (2) The applicant does not fall under any of the following: (i) a person who is a member of a crime syndicate, (ii) a person who is a cohabitant of a crime syndicate, or (iii) any other similar person (all of the above are hereinafter collectively referred to as “anti-social forces, etc.”) (2) Users do not, and will not in the future, fall under any of the categories of “Anti-Social Forces, etc.” (hereinafter collectively referred to as “Anti-Social Forces, etc.”), and Users will not, by yourself or by using a third party, engage in violent acts of demand, unreasonable demands beyond legal responsibility, threatening words or actions or use violence in connection with transactions, spread rumors, use false information or use force, or engage in any other act that would cause damage to CAMPFIRE's credibility. (2) Users promise that Users will not engage in any of the following acts (hereinafter collectively referred to as “unreasonable demands, etc.”). (hereinafter collectively referred to as “Unreasonable Requests, etc.”).
2. “Anti Social Forces-in etc. symbiote” as defined in the preceding paragraph means any of the following
(1) Those having a relationship in which Anti Social Forces-in etc. are deemed to control the management.
(2) Those having a relationship in which Anti Social Forces-in etc. are deemed to be substantially involved in the management.
(3) A person who has a relationship with Anti Social Forces-in etc. that is deemed to involve unjustified use of Anti Social Forces-in etc., such as for the purpose of pursuing unjust profits for oneself or a third party, or for the purpose of inflicting damage on a third party.
(4)A person who has a relationship with Anti Social Forces, etc. that is recognized as involving Anti Social Forces, etc. by providing funds, etc. or benefits to Anti Social Forces, etc.
(5) A person who has a socially reprehensible relationship with Anti Social Forces, etc.
(6) Other persons who take advantage of the fund-raising activities of Anti Social Forces-in etc. or who seek to increase their own profits by utilizing the power, information, financial resources, etc. of Anti Social Forces-in etc.
3. If a Project Owner violates any of the commitments in Paragraph 1, CAMPFIRE will immediately stop providing the Service to the said Project Owner. In this case, even if the Project Owner incurs any damages, CAMPFIRE, the payment agency, the affiliated credit card companies, or any other third party cannot be held liable for any compensation for such damages.
Article 23 (Prohibited Acts)
1. In using the Service, the Project Owner shall not engage in any of the following acts, or any act that may lead to such an act:
(1) Using the service for fraudulent purposes.
(2) Infringing the intellectual property rights, portrait rights, publicity rights or other rights of CAMPFIRE, other Users or any third party.
(3)Injuring the honor or credit of CAMPFIRE, other users or other third parties, or infringing their privacy.
(4) Actions that lead to fraud or other crimes
(5) Actions that transmit, provide, or recommend harmful programs such as computer viruses.
(6) Falsifying or deleting information of CAMPFIRE, other users, or other third parties.
(7) Any act that illegally uses or interferes with the operation of CAMPFIRE, other users, or other third parties' facilities.
(8) Violating laws and regulations, these Terms of Use, or public order and morals.
(9) Acts that obstruct the operation of the Service
(10) Acts of using the Project Update, message function, etc. on the Service for purposes other than the Service
(11) Any other acts that CAMPFIRE deems inappropriate.
2. If CAMPFIRE suffers any damage as a result of the Project Owner's conduct falling under any of the items of the preceding paragraph, CAMPFIRE may claim compensation from the Project Owner.
Article 24 (Handling of Personal Information)
1. CAMPFIRE may use the personal information provided by Project Owners within the scope necessary for the provision of the Service as set forth in Article 20, Paragraph 3 and for the purposes set forth in the CAMPFIRE Privacy Policy, and Project Owners agree that CAMPFIRE may use the personal information provided by Project Owners in accordance with this Privacy Policy. The Project Owner agrees that CAMPFIRE may use the personal information provided by the Project Owner in accordance with this Privacy Policy.
2. CAMPFIRE may share the Project Owner's personal information with third parties as set forth in the CAMPFIRE Privacy Policy or when CAMPFIRE obtains the consent of the Project Owner individually.
Article 25 (Confidentiality)
1. In this Agreement, “Confidential Information” means all information regarding CAMPFIRE's technology, business, operations, finances, organization, and other matters provided to or disclosed by the Project Owner in writing, orally, or in recorded media, or otherwise made available to or known by CAMPFIRE in connection with the Terms of Service or the Service. This means all information regarding CAMPFIRE's technology, business, operations, finances, organization and other matters provided or disclosed by CAMPFIRE in writing, orally or through recorded media, or otherwise obtained. However, the following items shall be excluded from Confidential Information
(1)Information that is or was generally known to the public at the time it is provided or disclosed by CAMPFIRE or becomes known to the public.
(2)After being provided or disclosed by CAMPFIRE, or becoming known to the public through publications or other means for reasons not attributable to CAMPFIRE.
(3)Information that was legally obtained from a third party authorized to provide or disclose it without being obligated to maintain confidentiality.
(4)Developed independently without any confidential information
(5)Confidential information that has been confirmed in writing by CAMPFIRE to be non-confidential.
2. Project Owners shall use confidential information only for the purpose of using the Service and shall not provide, disclose or divulge CAMPFIRE's confidential information to any third party without prior written consent.
3. Notwithstanding the preceding paragraph, the Project Owner may disclose Confidential Information to the extent legally required by law, court order, request or demand of a court or government agency. However, the Project Owner must promptly notify CAMPFIRE of any such order, request or demand.
4. The Project Owner shall obtain CAMPFIRE's prior written consent before reproducing any document or magnetic recording medium, etc., containing Confidential Information, and shall strictly manage the reproductions in accordance with Paragraph 2.
5. Whenever requested by CAMPFIRE, the Project Owner shall, without delay and in accordance with CAMPFIRE's instructions, Reward or destroy the Confidential Information and any documents or other recorded media containing or containing the Confidential Information and all copies thereof.
Article 26 (Communication/Notice)
Users agree that any information regarding the Service, notices regarding system maintenance and any other communications or notifications from CAMPFIRE to them will be sent to them by email or any other method determined by CAMPFIRE, Any communication or notice from CAMPFIRE to them shall be deemed to have reached them when it should have reached them by sending it to the contact address which they have provided to CAMPFIRE.
Chapter 4 Other Rules
Article 27 (Changes, Additions or Discontinuation of the Service)
1. CAMPFIRE may change, add to (hereinafter referred to as “change, etc.”) or discontinue the Service at any time. In the event that a change to the Services will have a significant impact on the User, CAMPFIRE will post a notice on the CAMPFIRE website to inform the User of such change. In addition, the discontinuation of the Service shall be notified to users in advance by the method prescribed by CAMPFIRE.
2. CAMPFIRE shall not be liable for any damages incurred by users as a result of actions taken by CAMPFIRE in accordance with this Article, except in cases where CAMPFIRE's actions are intentional or negligent.
Article 28 (Suspension of the Service)
CAMPFIRE may suspend or discontinue all or part of the Service without prior notice to Users in any of the following cases, and CAMPFIRE shall not be liable for any damages incurred by them due to such suspension or discontinuation, except in cases of intentional or negligent conduct by CAMPFIRE:
(1) When performing maintenance or inspection of the equipment or systems used to provide the Service
(2) In the event of difficulty in operating the Service due to fire, power outage, earthquake, natural disaster, system failure, etc.
(3) In the event of trouble, interruption or suspension of service provision, suspension of linkage with the Service, specification changes, etc. to external social media services.
(4) In any other cases where CAMPFIRE deems the suspension or interruption to be unavoidable.
Article 29 (Disclaimer)
1. The Service provides a place for Users to conduct transactions as Project Owners or Backers, and does not guarantee to Users that their projects will be executed as planned.
2. Any problems that arise between users, including between Project Owners and Backers, in relation to the service shall be handled and resolved at the user's own risk, and CAMPFIRE shall not be held responsible for any such matters.
3. The Service may be linked with external social media services, but such linkage is not guaranteed and CAMPFIRE will not be held responsible for any failure of the Service to link with external social media services. In the event that the Service is linked to an external social media service, the User shall comply with the terms of use of the external social media service at the User's own expense and responsibility, and CAMPFIRE shall not be liable for any dispute between the User and the external social media service provider operating the external social media service in question. CAMPFIRE will not be liable for any disputes that may arise between the User and the external social media service provider.
4. CAMPFIRE does not guarantee that Users will not be damaged by harmful programs such as computer viruses when using the Service.
5. CAMPFIRE does not guarantee the operation of any equipment or software that Users use when using the Service.
6. CAMPFIRE shall not bear any communication costs incurred when Users use the Service.
7. CAMPFIRE shall not compensate Users for any lost profits, indirect damages, special damages, extended damages, attorney's fees, etc., except in the case of intentional or gross negligence on the part of CAMPFIRE, and even if CAMPFIRE is liable for any reason, CAMPFIRE shall be liable for their losses and damages incurred by them. In the event that CAMPFIRE is held liable for any reason, CAMPFIRE shall not be liable for any further compensation up to the total amount paid by them to CAMPFIRE for the Service.
8. The standard time for the Service is the time managed by CAMPFIRE's servers and systems and may not match or work with the actual time or the time displayed on the Service. Users shall use the Service with the understanding that this is the case.
9. Users acknowledge that they may be subject to taxation in connection with their use of the Services and that CAMPFIRE will not be involved in any taxation and that they are solely responsible for verifying and responding to any such taxation and the amount thereof. The User shall be solely responsible for verifying the existence of taxation and the amount of taxation.
Article 30 (Attribution of Rights)
1. All ownership and intellectual property rights to the CAMPFIRE Website and the Services belong to CAMPFIRE or the party that has granted a license to CAMPFIRE. The permission to use the Services pursuant to registration under these Terms of Use does not constitute a license to use the intellectual property rights of CAMPFIRE or any licensor to CAMPFIRE with respect to the CAMPFIRE Website or the Services. Users shall not do any act (including but not limited to disassembling, decompiling, reverse engineering) that may infringe the intellectual property rights of CAMPFIRE or any licensor to CAMPFIRE for any reason whatsoever. Users shall not do any of the following. However, the rights to the photographs and other materials provided by the Project Owner for the Project and to the products or services that are the subject of the Project shall be reserved to the Project Owner or the person who has granted a license to the Project Owner.
2. With regard to the text, images, videos and other data (including those stipulated in the proviso of the preceding paragraph) posted or transmitted by users on the CAMPFIRE Website or the Service, CAMPFIRE shall be free to use (including reproduction, copying, modification, sublicensing to third parties and any other use) without compensation. (including reproduction, copying, modification, sublicensing to third parties and any other use) Users may freely use (including reproduction, copying, modification, sublicensing to third parties, and any other use) the contents of the Project without compensation.
3. Users may not post any Project content that infringes on the reputation or other rights or interests of CAMPFIRE, the Project Owner or any other third party (including the posting of projects that offer similar products or services outside of CAMPFIRE), as long as such Project content does not infringe on the rights or interests of CAMPFIRE, the Project Owner or any other third party. The Project URL and embed code, Project title, Project summary text and images, and Project Owner's profile as defined by CAMPFIRE may be reproduced on the Internet and external social media services, as long as they do not infringe on the honor or other rights or interests of the Project Owner or other third parties (including when posting projects that offer similar products or services outside of CAMPFIRE). However, Users must obtain CAMPFIRE's prior consent to publish the information in print or web media for purposes other than project announcements.
Article 31 (Modification of these Terms and Conditions)
1. CAMPFIRE may modify these Terms and Conditions at any time in accordance with Article 548-4 of the Japan Civil Code, if any of the following items applies. The Agreement after the modification of these Terms and Conditions shall be governed by these Terms and Conditions after the modification.
(1) When the modification of the Terms of Use is in the general interest of the User.
(2) When the modification of this Agreement is not contrary to the purpose for which the agreement was made and is reasonable in light of the necessity of the modification, the reasonableness of the modified content and its contents, and other circumstances pertaining to the modification.
2. In the event that CAMPFIRE amends these Terms of Use, CAMPFIRE shall specify the effective date of the amended Terms of Use, and shall notify Users of the contents and effective date of the amended Terms of Use in advance, by displaying the amended Terms of Use on the Service, or by other means prescribed by CAMPFIRE.
3. Notwithstanding the provisions of the preceding two paragraphs, if a User uses the Service after the changes to these Terms of Use are made known to the User in the preceding paragraph, or if the User does not take the necessary cancellation procedures within the period specified by CAMPFIRE, such User shall be deemed to have agreed to the changes to these Terms of Use.
Article 32 (Assignment of Status, etc.)
1. Users may not assign, transfer, grant a security interest in, or otherwise dispose of their position under the Terms of Service or their rights or obligations under the Terms of Service to any third party without the prior written consent of CAMPFIRE.
2. In the event that CAMPFIRE transfers the business of the Service to another company, CAMPFIRE may transfer the status under the Terms of Service, rights and obligations under the Terms of Service, as well as the User's registration information and other information to the transferee of such business transfer, and the User agrees in advance to such transfer in this section. The user agrees in advance to such transfer in this paragraph. The business transfer stipulated in this paragraph shall include not only ordinary business transfers, but also corporate divestitures and any other cases in which business is transferred.
Article 33 (Partial Invalidity, etc.)
1. Even if any provision of this Agreement is determined to be invalid, in whole or in part, pursuant to law, such provision shall be interpreted so as to conform as closely as possible to the original intent, and all portions of this Agreement other than the invalid portion of such provision and all other provisions of this Agreement shall remain valid.
2. If any provision of this Agreement is held invalid or revoked in relation to one User, this Agreement shall remain valid in relation to the other Users.
Article 34 (governing law, language and agreed jurisdiction)
1. This Agreement shall be governed by and construed in accordance with the laws of Japan.
2. This Agreement shall be written in Japanese and translated into English. The Japanese version is the official version and the English version is for reference only. In the event of any inconsistency between these two versions, the Japanese version shall prevail and be interpreted in Japanese.
3. The Tokyo District Court shall have exclusive jurisdiction in the first instance over any disputes arising in connection with these Terms of Use.
Established on December 1, 2024