This Terms of Service Agreement (hereinafter referred to as the "Agreement") sets forth the matters that must be observed by the registered users of the “academist” which is provided by the Academist Corporation (hereinafter referred to as the “Company”) and the rights and obligations of the Company and the registered users in using the service. If you are using this service as a registered user, please be sure to read the entire Agreement before agreeing to it.
Article 1 Application
The purpose of this Agreement is to define the rights and obligations of the Company and the Registered User (defined in Article 2) regarding the use of the Service (defined in Article 2) which apply to all relationships between the Registered User and the Company regarding the use of the Service.
The guidelines, rules, etc. regarding the Service that the Company publishes on the Company's Website (defined in Article 2) shall constitute a part of this Agreement.
In the event that the contents of this Agreement differ from the guidelines and others set forth in the preceding paragraph or explanations of the Service outside of this Agreement, the provisions of this Agreement shall prevail.
Article 2 Definitions
The following terms used in this Agreement shall have the meanings set forth below.
The "Service" refers to the crowdfunding service named “academist” provided by the Company (in the event that the name or content of the service is changed for any reason, the service after such change will be included). It is the first academic crowdfunding service in Japan that specializes in acquiring research funding. Each project is divided into "donation type" and "purchase type".
The term "crowdfunding service" refers to the means of achieving fund-raising by receiving monetary transfers (hereinafter referred to as "support") from a large number of unspecified individuals or corporations through the Internet in the forms of donations or those of purchases and sales of future products or other benefits.Among them, the ones that raise funds by donation are called "donation type" and the ones that raise funds by purchase and sales are called "purchase type".
The term "challenge" refers to an act of a researcher, or a “Challenger”, who challenges a project using “academist” and tries to achieve fundraising for it.
The term "Project" refers to a project in which a researcher uses “academist” to post information necessary to obtain research funding such as the nature of the research, the purpose of obtaining the research funding, the return for the support, etc., and aims to obtain support in excess of a predetermined target amount within a predetermined application period.
The term "Project Achievement" refers to the status that the total amount of support raised during the predetermined application period reaching or exceeding the target amount and that the application period has ended.
The term "prospective registrant" refers to a person who wishes to use the Service.
The term "registered information" refers to certain information as defined by the Company.
The term "Registered User" refers to an individual or a corporation that has been registered as a user of the Service in accordance with Article 3.
The term "Supporter" refers to a Registered User who has provided support for an individual Project.
The term "Usage Contract" refers to the contract between the Company and the Registered User or Supporter in accordance with Article 3.3 for the use of Service in accordance with the provisions of this Agreement.
The term "intellectual property rights" refers to copyrights, patent rights, utility model rights, trademark rights, design rights and other intellectual property rights including the right to acquire such rights or to apply for registration of such rights.
The term "Company's Website" refers to the website operated by the Company with the domain name "https://academist-cf.com/". If the domain name or content of the Company's Website is changed for any reason, the website after such change is included.
Article 3 Registration
A prospective registrant may apply to the Company for registration to use the Service by agreeing to abide by this Agreement and by providing the Company with registered information in a manner prescribed by the Company.
The Company shall determine whether or not the registration of the prospective registrant is acceptable according to the Company's standards. If the Company approves the registration, the Company shall notify the prospective registrant to that effect and the registration of the prospective registrant as a Registered User shall be deemed to be completed by this notification.
Upon completion of the registration set forth in the preceding paragraph, a Usage Contract of the Service in accordance with the provisions of this Agreement will be established between the Registered User and the Company and the Registered User will be able to use the Service in the manner prescribed by the Company.
The Company may refuse registration or re-registration of an individual who has applied for registration in accordance with Paragraph 1 if the individual falls under any of the following criteria, and the Company is under no obligation to disclose the reasons for such refusal.
If there is any falsehood, error or omission in all or part of the registered information provided to the Company;
If an individual is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent, etc. of a legal representative, guardian, curator, or assistant;
In the event that the Company judges that the individual is an organized crime group, organized crime group member, right-wing group, antisocial force and any other equivalent thereto (hereinafter referred to as “antisocial forces, etc.”) or that the individual has any interaction or involvement with antisocial forces, etc., such as cooperating with or being involved in the maintenance, operation, or management of antisocial forces, etc. through the provision of funds or other means;
In the event that the Company determines that a prospective registrant is an individual who has violated a contract with the Company in the past or an individual related to such an individual; or
Other incidents in which the Company judges that the registration is not appropriate.
Article 4 Change of Registered Information
If there is any change in the registered information, the Registered User shall notify the Company of such change without delay by the method prescribed by the Company.
Article 5 Management of Passwords and User IDs
Registered Users shall manage and store their passwords and user IDs at their own risk, and shall not allow any third party to use, lend, transfer, change the name of, or sell them and so forth.
The Registered User shall be responsible for any damage caused by inadequate management of the password or user ID, errors in use, or use by a third party, and the Company shall not be held responsible for any such damage.
In the event that a Registered User finds that his/her password or user ID has been stolen or is being used by a third party, the registered user shall immediately notify the Company and follow the Company's instructions to that effect.
Article 6 Fees and Payment Method
When a purchase type Project is achieved, the Supporter must pay the supported amount as well as 10% consumption tax which is added to the amount separately. In the case of donation type Projects, no consumption tax will be charged. Payment methods include credit card (VISA, MASTER), bank transfer, and convenience store payment.
In the case of payment by credit card, the payment will be completed when the Project is achieved. In case of payment by bank transfer or convenience store transfer, the payment must be made to the account instructed by the Company by the due date after the reservation of support. If there is a bank transfer fee, the Supporter shall cover such cost.
Article 7 Prohibited Acts
In using the Service, a Registered User shall not engage in any of the following acts or acts that the Company deems to fall under any of the following criteria.
Acts that violate laws and regulations or that are related to criminal acts;
Acts of fraud or intimidation against the Company, other users of the Service, or other third parties;
Acts that are offensive to public order and morals;
Acts that infringe on the intellectual property rights, portrait rights, rights of privacy, honor, or other rights or interests of the Company, other users of this Service, or other third parties;
Transmitting through this Service to the Company or other users of this Service any information that the Company deems to fall under or to correspond to the following;
Information that contains excessively violent or cruel expressions;
Sending information that contains computer viruses or other harmful computer programs;
Information that contains expressions that defame the reputation or credibility of the Company, other users of this Service, or other third parties;
Acts related to criminal acts or acts that are offensive to public order and morals;
Information that contains excessively obscene expressions;
Information that contains expressions that promote discrimination;
Information that contains expressions that encourage suicide or self-injury;
Information that contains expressions that promote the inappropriate use of drugs;
Information containing antisocial expressions;
Information that seeks to spread information to third parties, such as chain mails;
Information that contains expressions that may cause discomfort to others; or
Information for the purpose of meeting an unacquainted people for dating;
Acts that place an excessive load on the Service's network or system;
Acts that may interfere with the operation of this Service;
Illegally accessing or attempting to illegally access the Company's network or systems, etc.;
Impersonating a third party;
Acts of using the IDs or passwords of other users of this Service;
Advertising, solicitation, or business activities on the Service that are not authorized in advance by the Company;
Collection of information about other users of the Service;
Actions that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or other third parties;
Acts that conflict with the guidelines for using the Service posted on the Company's Website;
Acts that provides benefits to antisocial forces, etc.;
Acts for the purpose of meeting an unacquainted people for dating;
Acts that directly or indirectly causes or facilitates any of the preceding items; or
Other acts that the Company deems inappropriate.
Article 8 Suspension of the Service, etc.
The Company may suspend or discontinue all or part of the use of the Service without prior notice to Registered Users in any of the following cases;
In the event of periodic or emergency inspection or maintenance of the computer system pertaining to the Service;
When a computer or communication line is stopped due to an accident;
When the operation of this Service becomes impossible due to force majeure such as fire, power outage, natural disaster, etc.; or
In any other cases where the Company deems it necessary to suspend or discontinue the service.
The Company shall not be liable for any damages incurred by a Registered User based on measures taken by the Company in accordance with this Article.
Article 9 Vesting of Rights
All intellectual property rights related to the Company's Website and the Service belong to the Company or to parties that have granted licenses to the Company, and the granting of a license to use the Service based on the registration set forth in this Agreement does not imply a license to use the intellectual property rights of the Company or parties that have granted licenses to the Company related to the Company's Website or the Service. The license to use the Service based on the registration set forth in this Agreement does not mean the license to use the intellectual property rights of the Company or the person who has licensed to the Company regarding the Company’s Website or the Service.
Registered Users shall represent and warrant to this Company that they have the legal right to post or otherwise transmit the posted data, and that the posted data does not infringe on the rights of any third party.
Registered Users grant the Company a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, create derivative works from, display and perform the posted data. Registered Users are also granted a non-exclusive license to use, reproduce, distribute, create derivative works from, display and perform the posted data posted or otherwise transmitted by the Registered User using the Service.
Registered Users agree not to exercise the moral rights of the author against the Company or any individual who has succeeded or licensed the rights from the Company.
Article 10 Cancellation of Registration, etc.
In the event that a Registered User falls under any of the following criteria, the Company may temporarily suspend the use of the Service or cancel the registration of the Registered User without prior notice or notification;
In case of violation of any of the provisions of this Agreement;
When it is found that there is a false fact in the registered information;
In the event of suspension of payment or inability to pay, or the filing of a petition for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings, commencement of corporate reorganization proceedings, commencement of special liquidation proceedings or similar proceedings;
When there is no use of the Service for more than 6 months and there is no response to communications from the Company;
When there is no response for more than 30 days to an inquiry or other communication requesting a response from the Company;
In the event that any of the items in Article 3, Paragraph 4 apply; or
In any other case where the Company deems it inappropriate to continue the registration as a Registered User.
In the event of any of the events listed in the preceding paragraph, the Registered User shall naturally lose the benefit of time for all debts owed to the Company, and shall immediately make payment of all debts to the Company.
The Company shall not be liable for any damages incurred by a Registered User as a result of any action taken by the Company in accordance with this Article.
Article 11 Withdrawal from Membership
A Registered User may withdraw from the Service and cancel his/her registration as a Registered User by notifying the Company in the manner prescribed by the Company.
If there are any debts owed to the Company at the time of withdrawal, the Registered User will naturally lose the benefit of time for all debts owed to the Company, and must immediately make payment of all debts to the Company.
The handling of user information after withdrawal from the membership shall be in accordance with the provisions of Article 15.
Article 12 Change and Termination of the Service
The Company may change the contents of the Service or terminate the provision of the Service at the Company's convenience. In the event that the Company terminates the provision of the Service, the Company shall notify the Registered User in advance.
The Company shall not be liable for any damages incurred by a Registered User based on measures taken by the Company in accordance with this Article.
Article 13 Disclaimer of Warranty and Disclaimer of Liability
The Company does not guarantee that the Service will be suitable for the specific purpose of the Registered User, that it will have the expected functions, commercial value, accuracy, or usefulness, that the use of the Service by the Registered User will comply with laws and regulations applicable to the Registered User or internal regulations of industry organizations, or that defects will not occur.
The Company shall not be liable for any interruption, suspension, termination, unavailability, or change in the provision of the Service by the Company, deletion or loss of messages or information sent by a Registered User to the Service, deletion of a Registered User's registration, loss of registration data due to the use of the Service, or malfunction or damage to the machine, or any other damage incurred by a Registered User in relation to the Service (hereinafter referred to as the "User Damage").
In the event that the Company is liable for damages to a registered user for any reason, the Company shall not be liable to compensate for User Damages in excess of the amount of compensation paid by the Registered User to the Company during the past twelve (12) months retroactively from the time the reason for the damages arose. In addition, the Company shall not be liable to compensate for incidental damages, indirect damages, special damages, future damages, or damages for lost profits.
Any transactions, communications, disputes, etc. between a Registered User and another Registered User or a third party in relation to the Service or this Company's Website shall be handled and resolved at the Registered User's own risk, and this Company shall not be responsible for such matters at all. However, in the case of disputes related to the Service, the Company will make every effort to resolve the dispute to the extent possible.
Article 14 Confidentiality
The term "Confidential Information" as used in this Agreement refers to all information regarding the Company's technology, business, operations, finances, organization, and other matters provided or disclosed by the Company in writing, orally, or through recorded media, etc., or obtained by a Registered User in connection with the Usage Contract or the Services. However, the followings shall be excluded from the Confidential Information;
Information that was already generally known or known to the public when it was provided or disclosed by the Company or when it became known to the Company;
Information that has become public knowledge through publications or other means due to reasons not attributable to the Company after being provided or disclosed by the Company or becoming known to the Company;
Information that was obtained lawfully without obligation of confidentiality from a third party with authority to provide or disclose;
Information that was developed independently, without the aid of the Confidential Information; and
Information that has been confirmed in writing by the Company as not requiring confidentiality.
The Registered User shall use the Confidential Information only for the purpose of using the Service and shall not provide, disclose or leak the Company's Confidential Information to any third party without the written consent of the Company.
Notwithstanding the provisions of the proceeding paragraph, a Registered User may disclose Confidential Information pursuant to any order, demand or request of any law, court or governmental agency. However, in the event of such an order, demand or request, a Registered User must promptly notify the Company of such order, demand or request.
Whenever requested by the Company, the Registered User shall, without delay and in accordance with the Company's instructions, return or destroy the Confidential Information and any documents or other recorded media containing the Confidential Information and all copies thereof.
Article 15 Handling of User Information
The Company may, at its discretion, use and disclose the information, data, etc. provided by the Registered User to the Company as statistical information in a form that does not identify the individual, and the Registered User shall have no objection to this.
For the purchase type of this Service, user information may be provided to the Challenger or to the university or other research institution to which the Challenger belongs for the purpose of providing a return.
In the case of the donation type of this Service, user information may be provided to the Challenger or the university or other research institution to which the Challenger belongs for the purpose of communicating the reward and issuing a receipt.
Article 16 Changes to the Agreement, etc.
The Company shall be free to change the contents of the Service.
The Company shall not be liable for any loss or damage arising out of or in connection with this Agreement including any guidelines, rules, etc. related to the Service posted on the Company's Website. In case the Company makes any change, the Company shall notify the Registered User of such changes, and in the event that the Registered User uses the Service after notification of such changes or does not take the procedure for cancellation of registration within the period of time specified by the Company, the Registered User shall be deemed to have agreed to the changes.
Article 17 Communication / Notification
Inquiries and other communications or notifications from Registered Users to the Company regarding the Service, as well as notifications regarding changes to this Agreement and other communications or notifications from the Company to Registered Users, shall be made in a manner determined by the Company.
Article 18 Transfer of Status under the Service Usage Contract, etc.
Registered Users may not assign, transfer, encumber, or otherwise dispose of their status under the Usage Contract or their rights or obligations under this Agreement to a third party without the prior written consent of the Company.
In the event that the Company transfers the business of the Service to another company, the Company may transfer the status of the Usage Contract, the rights and obligations under this Agreement, and Registered Users’ registered information and other customer information to the transferee of the transfer. The Registered User shall be deemed to have agreed to such transfer in advance. The business transfer provided for in this paragraph shall include not only ordinary business transfer, but also any case in which the business is transferred, such as a company split.
Article 19 Severability
Even if any provision or part of any provision of this Agreement is determined to be invalid or unenforceable under the Consumer Contract Act or any other law or regulation, the remaining provisions of this Agreement and the remaining portions of any provision determined to be invalid or unenforceable shall continue in full force and effect, and the Company and the Registered User may modify such invalid or unenforceable provision or portion to the extent necessary to make such invalid or unenforceable provision or portion legal and enforceable. The Company and the Registered Users shall endeavor to modify such invalid or unenforceable provisions or portions to the extent necessary to make them lawful and enforceable, and to ensure that the intent and legal and economic effect of such invalid or unenforceable provisions or portions are equivalent.
Article 20 Governing Law and Court of Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Japan, and any and all disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.
Partial revision on October 15, 2021
Partial revision on September 02, 2020
Revised on October 01, 2019
Revised on August 01, 2018
Revised on April 20, 2014