Terms of Use
These terms of use (these "Terms") consist of the basic terms of use in Part 1 and the terms of use specific to each service (including the individual terms of use in Part 2). You must agree to the basic terms of use when you register as a User, and you must agree to the terms of use specific to each service when you use the services of dely, inc. (the “Company”).
Part 1: Basic Terms
Article 1: Basic Terms
- The basic terms of use set forth in this Part (the "Basic Terms") provide for the terms and conditions of use for all services provided by the Company (the "Services"). By using the Service, you are deemed to have agreed to the Basic Terms.
- The Company establishes individual terms and guidelines (the "Individual Terms") for each individual service. Regardless of the name, the Individual Terms also constitute a part of these Terms. When you use individual service, in addition to the Basic Terms, the Individual Terms for each individual service as set forth in Part 2 of these Terms shall apply, so please check the contents of such Individual Terms.
- In the event that the provisions of the Basic Terms differ from the provisions of the Individual Terms, the provisions of the Individual Terms shall take precedence.
- The Company may change these Terms at any time at its discretion without the prior consent of the User, if the change is compatible with the general interests of the User or does not contradict with the purpose of these Terms and is reasonable in light of the necessity of the change, the reasonableness of the content after the change, and other circumstances pertaining to the change.
- In the event that the Company changes these Terms pursuant to the preceding paragraph, the effective date of the changed Terms shall be determined, and unless otherwise specified by the Company, the Company shall display and make known in advance on the site the fact that these Terms will be changed, the contents of the changed Terms, and the effective date. The changed Terms shall take effect from the determined effective time. If you use the Service after the changes to the Terms become effective, you will be deemed to have agreed to the changed Terms.
- In the event that these Terms are newly established or changed, the new Terms will apply to any actions taken by Users prior to the establishment or change of the new Terms.
- Even if all or part of a provision of these Terms is determined to be invalid under the law and regulations, the portion of the provision other than the invalid portion and the other provisions of these Terms shall remain valid. If any part of these Terms is held invalid or revoked in relation to a particular User, these Terms shall remain valid in relation to the other Users.
- Failure to exercise or enforce of any rights set forth in these Terms shall not constitute a waiver of such rights by the Company.
Article 2: Definitions
The meaning of the terms used in these Terms shall be as set forth in the following items.
- "Users" refers to all persons who use the Service, regardless of whether or not they are Registered Users.
- "Registered User" means a person who uses the Service (including not only free functions but also services provided by paid functions) through User Registration procedures based on Article 3, Paragraph 2.
- "User Registration" means to be registered on the Company's server as a User of the Service.
- "Company/Organization" means an organization to which natural persons belong, such as a corporation, association, or club.
- "Company/Organization Registration" means the registration of a Company/Organization's information on our server.
- "Password" means a string of letters and numbers that is used to identify the Registered User, which the Registered User registered during the registration process or changed after registration.
- "Registration Information" means the information that the Registered User registered during the User Registration or Company/Organization Registration process, such as display name, e-mail address, Password, zip code, date of birth, gender, and information about the Company/Organization.
- "Reported Information" means the information that the Registered User has reported to the Company, such as address, name, telephone number, occupation, bank account, credit card number, etc., in addition to the Registration Information.
- "Personal information" means information that can be used to identify a specific User (including information that can be easily collated with other information to identify a specific User).
- “Partner Company” means the business Partner Company with which the Company has concluded a contract for the provision of the Service.
- “Shipper” means the company or individual among our Partner Companies that is the producer or manufacturer that produces and sells the product to us.
Article 3: User Registration
- The Service can be used without User Registration, but User Registration is required to use some of the Services.
- Users who wish for User Registration (the "Applicant") must agree to these Terms and complete the prescribed registration procedures.
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If the Company approves the Applicant's User Registration after conducting the necessary screening of the application details entered in accordance with the procedures described in the preceding paragraph, the Company will register the relevant application details as Registration Information and send an e-mail to the e-mail address entered in the application, which will be used as an indication of the Company's approval. However, the Company reserves the right not to accept the User Registration if any of the following cases apply as a result of the examination of the application:
- In the event that the Applicant is a person who has received the punishment set forth in Article 17, Paragraph 1 from the Company on the grounds that he/she has violated these Terms in the past, or in the event that the Applicant falls under or is likely to fall under any of the items of each paragraph of Article 16; or
- In the event that the Company otherwise deems inappropriate.
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In addition to the preceding paragraph, the Company may, regardless of whether before or after the User Registration is made, at its discretion, refuse to accept or cancel the User Registration if the Company determines that any of the following items apply to the Applicant or Registered User the contents of the application or Registration Information of the Applicant or Registered User:
- When the Applicant or Registered User does not exist;
- When the Applicant or Registered User does not have an e-mail address that can be sent or received;
- In the event that the Applicant is undergoing or has previously undergone punishment as stipulated in Article 17, Paragraph 1 at the time of application, or in the event that the Applicant falls under or is likely to fall under any of the items in each paragraph of Article 16;
- If there is any false information in the application or Registration Information;
- If there has been any failure of a payment to us;
- When it interferes with the execution of the Company's or our Partner Company's business or technology;
- When the Applicant or Registered User is a minor, an adult ward, a person under curatorship, or a person under assistance, and the registration procedure was not conducted by an adult guardian, or the consent of a legal representative, curator, or assistant was not obtained during the registration procedure;
- When the Applicant or Registered User is anti-social forces, etc. (meaning organized crime groups, organized crime group members, right-wing groups, anti-social forces, and other persons equivalent thereto. The same shall apply hereinafter., or has any kind of interaction or involvement with anti-social forces, etc., such as cooperating with or being involved in the maintenance, operation, or management of anti-social forces, etc. through the provision of funds or otherwise; or
- In any other cases where the Company deems the User Registration of the Applicant or Registered User to be inappropriate.
Article 4: Registration of Companies / Organizations
- Users who wish to register as a Company/Organization (the "Company/Organization Registration Applicant") must agree to these Terms and complete the prescribed registration procedures.
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If the Company approves the registration of the Company/Organization Registration Applicant after conducting the necessary screening of the application details entered in accordance with the procedures described in the preceding paragraph, the Company will register the relevant application details as Registration Information. If, as a result of the examination of the application, any of the following applies, the Company may, at its discretion, not approve the registration of the Company/Organization:
- If the Company/Organization Registration Applicant is not a member of the Company/Organization in question, or does not have the legitimate authority to represent the Company/Organization in question; or
- In the event that the Company otherwise deems inappropriate.
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In addition to the preceding paragraph, the Company may, regardless of whether before or after the Company/Organization registration was made, at its discretion, refuse to accept or cancel a Company/Organization Registration if the Company determines that any of the following apply to the Company/Organization Registration Applicant, the contents of the Company/Organization registration application, or the Registration Information;
- If the company or organization no longer exists or has been dissolved;
- If there any false information in the application or Registration Information;
- In the event of inappropriate behavior as determined by the Company;
- In any other case where the Company deems the Company/Organization Registration Applicant or the Company/Organization Registration to be inappropriate.
- In the event that a User Registration as a Company/Organization is cancelled, the Company/Organization Registration as a Company/Organization shall be cancelled at the same time.
Article 5: Management of E-mail Addresses and Passwords
- The Registered User shall manage his/her e-mail address and Password under his/her own responsibility, and the Company shall not be held responsible for any disadvantage or damage incurred by the Registered User due to inaccurate or false Registration Information.
- In the event that the Company confirms through a prescribed method that the e-mail address and Password entered at the time of login match the registered e-mail address and Password, the Company shall consider such login to be a genuine login by the Registered User and shall deem such login to be use by the Registered User. In the event that fees or charges are incurred for the use of the Service or the purchase of products, such fees or charges will be billed to the relevant Registered User.
- In the event that a third party becomes aware of your Password, or you suspect that your Password is being used by a third party, you shall immediately notify the Company and follow the Company's instructions, if any.
- The Registered User shall indemnify the Company or the Partner Company for any damages incurred by the Company or the Partner Company due to the unauthorized use of the Password, etc.
Article 6: Publication of Advertisements, etc.
Users shall agree to allow advertisements and banners to appear on this site and in all content, including e-mails.
Article 7: Handling of Personal Information, etc.
- The Company shall handle Personal Information obtained by the Company in an appropriate manner in accordance with the Privacy Policy separately stipulated.
- When using the Service, Users agree to display their nicknames and icon photos on this site so that Users of the Service can recognize each other, in addition to the items specified in the Privacy Policy depending on the Service.
Article 8: Change of Registered Information, Cancellation of User Registration, etc.
- The Registered User shall promptly notify the Company of any change in the Reported Information according to the procedures specified by the Company. In the absence of such notification, the Company shall assume that there has been no change in the Reported Information.
- The Company shall not be held responsible for any delay, non-delivery, or non-performance of notifications or other communications from the Company due to the Registered User's failure to notify the Company of changes to the Reported Information.
- The Registered User may cancel the User Registration by following the procedure for cancellation of registration prescribed by the Company.
Article 9: Prohibition of Transfer, etc.
- The Registered User may not transfer the rights related to the Service to a third party, or pledge or otherwise provide security for the rights.
- The status of the Registered User may not be sold, bought, changed, or succeeded to by another person, unless the status of the Registered User who has completed Company/Organization Registration is succeeded to by another Registered User who is a member of the Company/Organization or in the case otherwise specified by the Company.
- In the event that the Company transfers the business of the Service to another company, the Company may transfer the status under the service agreement, rights and obligations under on these Terms, and the registered matters and other information of the Users to the transferee of the business, and the Users shall be deemed to have agreed to such transfer in advance. The transfer of business in this paragraph shall include not only ordinary business transfers, but also corporate splits and any other cases in which business is transferred.
Article 10: Contact or Notification
- If the Company deems it necessary to contact or notify a Registered User, it will do so by sending an e-mail to the registered e-mail address, displaying the information on the site, or by any other method the Company deems appropriate.
- Users shall use the inquiry form to contact the Company, except as otherwise provided in these Terms. The Company does not accept telephone contact or visits.
Article 11: Interruption of Provision of the Service, etc.
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The Company may temporarily suspend the provision of all or part of the Service without prior notice to Users in the event of any of the following:
- When performing periodic maintenance and inspection of communication facilities, etc., to provide the Service, or when performing such inspection in an emergency;
- In the event that the provision of the Service becomes impossible due to fire, power failure, etc.;
- In the event that the Service cannot be provided due to natural disasters such as earthquakes, eruptions, floods, tsunamis, etc.;
- In the event that provision of the Service becomes impossible due to war, upheaval, riot, disturbance, labor dispute, etc.
- When the provision of the Service becomes impossible due to unforeseen changes in weather, natural disasters, unforeseen accidents, accidents at Partner Companies, stock-outs by the product Shipper, postponement of release, discontinuation of release, or other reasons;
- When the provision of the Service becomes impossible due to laws and regulations or measures based on such laws and regulations; or
- In any other cases where the Company deems it necessary to temporarily suspend the provision of the Service for operational or technical reasons.
- If the Company deems it necessary, the Company may change the contents of the Service, or suspend or discontinue the Service at any time without prior notice.
- Even if there is a delay or interruption in the provision of all or part of the Service due to any of the items in Paragraph 1 or any other reason, the Company shall not be liable for any damages incurred by Users or third parties resulting from such delay or interruption, except as specifically provided in these Terms.
- Even if the Company changes the contents of the Service, or suspends or discontinues the provision of the Service, the Company shall not be liable to the User, except as specifically provided in these Terms.
Article 12: Maintenance of the Usage Environment
- Users shall, at their own expense and responsibility, prepare and make available all communication equipment, software, and other equipment necessary to use the Service. In addition, in using the Service, the Users shall, at their own expense and responsibility, voluntarily select and connect to the Internet via telecommunication service or telecommunication line.
- Users shall maintain security measures such as prevention of computer virus infection, unauthorized access, and information leakage in accordance with their own usage environment, referring to information provided by the relevant authorities.
- The Company is not involved in, nor is it responsible for, the User's usage environment.
Article 13: Principle of Self-responsibility
- Users shall use the Service at their own risk, and shall be responsible for any and all actions taken using the Service and the results thereof.
- In the event that a User causes damage or disadvantage to other Users, third parties, or the Company when using the Service, the User shall resolve such damage or disadvantage at the User's own responsibility and expense.
Article 14: Intellectual Property Rights, etc.
- The User shall be deemed to have licensed the Company the right (including the right to sublicense) to allow the Company or any person designated by the Company to freely use (reproduce, publish, transmit, distribute, transfer, lend, translate, and adapt) the content sent (transmitted) by the User on a non-exclusive basis without any restrictions and without payment of compensation, both in Japan and overseas until the expiration of the term of copyright and all other rights pertaining to the content in question and the User shall agree it in advance. Even if the User possesses moral rights pertaining to the content in question, the User shall not exercise such rights against the Company or any person designated by the Company.
- Users shall be responsible for resolving, at their own responsibility and expense, all claims and demands arising from or related to the content sent (transmitted) by the Users, use, connection or violation of the terms of service by the Users, or infringement of rights by Users on third parties.
- In the event that the Company incurs expenses or pays compensation, etc. in connection with responding to claims or demands as described in the preceding paragraph, such expenses and compensation, as well as legal fees paid by the Company, shall be borne by the relevant User, and the Company may demand payment of the total amount of such expenses and compensation from the relevant User.
- Users shall be aware that the Company is not obligated to store any content sent (transmitted) by the Users, and shall back up any necessary content as appropriate.
- The Company may view the content sent (transmitted) by Users as necessary for operation, and if the Company determines that there is a conflict with terms, the Company may make all or part of the content private or delete it without prior notice to the Users.
Article 15: Property Rights of the Company
- Except for the content and information sent (transmitted) by the User, the property rights to all content and information contained in the Service belong to the Company or a third party that has licensed the use of the content to the Company.
- The contents posted or provided in the Service or advertisements are protected by copyright law, trademark law, design law, and other applicable laws.
- The Service and all software used in connection with the Service contain proprietary rights and trade secrets that are protected by laws and regulations regarding intellectual property rights.
Article 16: Prohibited Actions
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Users shall not engage in the following acts when using the Service:
- Acts that infringe or may infringe the copyrights, trademarks, or other intellectual property rights of the Company, other Users, or other third parties ("Others");
- Acts that infringe or may infringe the property, privacy, or portrait rights of Others;
- Provision of Personal Information of specific individuals;
- Act that a single User holds the status of multiple Registered Users (unless otherwise specified by the Company) or the act of holding a Registered User's status jointly by multiple people, or transferring, buying, selling, lending, or changing the name etc. of a Registered User’s status;
- Registration as a User on behalf of a Registered User whose status as a Registered User has been suspended or invalidated;
- Discrimination or slander of Others, or defamation of the honor or trust of Others;
- Falsification or erase of the accessible contents or information of the Service or the contents or information of Others;
- Acts of impersonating the Company or Others (including acts of tampering with e-mail headers or other portions in order to impersonate).
- Transmitting harmful computer programs or making them available for others to receive;
- Pre-election campaigning, election campaigning (including similar activities) or actions that violate the Public Offices Election Act;
- Sending advertising, promotional, or solicitation e-mails or disgusting e-mails (including potentially disgusting e-mails) to Others without permission, interfering with the reception of e-mails by Others, or requesting chain mail forwarding or forwarding e-mails in response to such requests;
- Acts that overload the server beyond the normal use of the Service, acts that encourage such overload, or other acts that interfere with or hinder the operation and provision of the Service or the use of the Service by other Users;
- Distributing information, equipment, software, etc. to remove or circumvent the access control functions of servers, etc.;
- Duplicating, modifying, reprinting, altering, changing, reverse engineering, disassembling, decompiling, translating or analyzing the functions provided by the Service;
- Acquiring the Registration Information of Others without their consent or by fraudulent means (including so-called phishing and similar means);
- Use of all or part of the Service for commercial purposes, regardless of the method of use (including acts for the purpose of preparing for such use. However, this excludes cases approved by the Company);
- Using all or part of the contents and information on this site or the Service for the development, learning, training, testing, etc. of artificial intelligence, or inputting them directly or indirectly into artificial intelligence (including acts for the purpose of preparing for such use. However, this excludes cases approved by the Company) for commercial purposes;
- Use of the Service without complying with the procedures required by laws and regulations, such as notification to the supervisory authorities or obtaining permits and licenses, or any other acts that violate or may violate such laws and regulations;
- Actions that interfere with the operation of the Service, actions that interfere with the exchange or sharing of information led by Others, actions that cause disadvantage to the Company or Others, such as damage to credibility or infringement of property rights;.
- Calling for a long period of time, repeating similar inquiries excessively, or forcing Others to do things without obligation or reason, which significantly interferes with the Company's business;.
- Transmitting or providing illegal contents or contents that may damage the brand value of the clients as defined in the Company's Guidelines for Brand Safety and Measures Against Invalid Traffics (the "Guidelines for Brand Safety, etc.");
- Generating invalid traffics as defined in our Guidelines for Brand Safety, etc.;
- In addition to the above items, acts that violate laws and regulations or these Terms (including guidelines separately stipulated by the Company), or acts that violate public order and morals (such as transmitting or displaying information that may promote or induce violence or cruel images, or recruiting friends in spirit);
- Linking to data, etc., in which any of the above acts (including cases in which such acts are committed by Others) can be seen, for the purpose of encouraging such acts; or
- Other actions that the Company deems inappropriate as a User.
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In the event that a User falls under any of the following categories, such User shall not be able to use the Service:
- Organized crime group;
- Member of an organized crime group;
- Quasi-member of an organized crime group;
- Related enterprise of an organized crime group;
- Racketeer groups (sokaiya) etc., groups engaging in criminal activities under the pretext of conducting social campaigns or political activities or crime groups specialized in intellectual crimes; or
- Other persons similar to the preceding items.
Article 17: Cancellation of User Registration, etc.
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The Company may, at its discretion, delete or change the contents sent (transmitted) through the Service, suspend the Service, cancel User Registration (including the suspension of the Registered User's status), or deny access to the site without any notice to the relevant User, if any of the following events occur:
- In the event that the User violates these Terms;
- In the event that the User has committed any of the prohibited acts specified in Paragraph 1 of the preceding article;
- When the User falls under the category of a person specified in Paragraph 2 of the preceding article;
- In the event that the User uses or causes to be used the Registered Information or the Service in an unauthorized manner;
- If the User fails to make a payment to the Company;
- If there is any false information in the application or Registration Information;
- In the event that the User refuses to accept the method of payment for the product when the Company specifies the method of payment for the product as a result of the Company's credit check;
- In the event that a seizure, provisional seizure, provisional disposition, compulsory execution, bankruptcy, or civil rehabilitation is filed against the User, or in the event that the User files a petition for bankruptcy or civil rehabilitation;
- If the Password is entered incorrectly more than the number of times specified by the Company;
- Unauthorized use of the information provided by the Service;
- When there is no use of the Service within the period specified by the Company;
- In the event that the Company determines that there is a risk of the User causing damage to the Company, its Partner Companies, or other third parties;
- When the Company deems the use of the Service to be inappropriate; or
- In other events where the Company judges that the User is unqualified as a User.
- In the event that the Company has taken the measures set forth in the preceding paragraph because a User falls under any of the items of the preceding paragraph, the Company shall not be liable for any damages incurred by such User. In addition, the Company shall not provide any compensation to the User for such measures, and shall not bear any responsibility or rights.
- When the Company takes the action described in the preceding paragraph, the Company shall notify the Registered User to the e-mail address registered in advance and the User who is not a Registered User to the e-mail address notified by such User.
- In the event that an e-mail from the Company as set forth in the preceding paragraph does not reach the User concerned due to the User's circumstances, the e-mail from the Company shall be deemed to have reached the User.
- No questions or complaints regarding the Company's disposition made in accordance with the provisions of this Article will be accepted.
Article 18: Restrictions on Use
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In the event that a User falls under any of the following, the Company may restrict the use of the Service by such User without obtaining the consent of such User:
- When it is determined that there is a risk of damage to a third party due to the involvement of the relevant Registered User, due to infection by a worm-type virus, the route of mass e-mail transmission, etc.;
- If the Company is unable to contact the User by phone or e-mail;
- When mail sent to the User is returned to the Company; or
- In addition to the above when the Company deems it highly urgent.
- The Company shall not be held responsible for any damages incurred due to the User's inability to use the Service as a result of the Company's restriction of the User's use of the Service in accordance with the preceding paragraph.
Article 19: Disclaimer
- The Company shall not be liable for any damages incurred by Users as a result of the use of the Service.
- In the event that a User causes damage to a third party through the use of the Service, the User shall compensate for this at his/her own expense and responsibility.
- The Company shall not be liable for any damages caused by the inability to use the Service due to malfunctions, errors, or failures that occur in the Service.
- The contents and information on the Service and the site shall be what the Company is able to provide at the time. The Company makes no warranty of any kind regarding the completeness, accuracy, applicability, usefulness, availability, safety, or certainty etc. of the information provided by the Company, text and other content registered or sent (transmitted) by Users, or the information regarding software, etc. (including information that has been analyzed, parsed, or processed with artificial intelligence or by any other means).
- The Company may provide information and advice to Users as appropriate, but shall not be responsible for the results of such information and advice.
- The Company shall not be held responsible for any data corruption caused by any external factors.
- In the event that a contract based on these Terms with a User falls under a consumer contract as defined in Article 2, Paragraph 3 of the Consumer Contract Act (Act No. 61 of 2000), the provisions of these Terms that completely exempt the Company from liability shall not apply. If a contract based on these Terms falls under a consumer contract and the Company is liable for damages based on default or tort, the Company shall be liable for damages up to the maximum amount of damages directly and actually suffered by the relevant User, except in cases where there is intent or gross negligent on the Company, and the Company shall not be liable for damages arising from special circumstances (including cases where the occurrence of damages was foreseen or could have been foreseen).
- Pursuant to our Guidelines for Brand Safety, etc., the Company may remove contents that are not suitable for places for advertisement and remove invalid traffics to ensure the quality of the places for advertisement and the quality of the advertising traffics, and the Company shall not be liable for any damages incurred by users as a result of these measures.
Article 20: Services under Development
- The Company may provide services under development as part of the Service or as an independent service.
- The User understands that the service under development is provided as a service that, due to its nature, may contain bugs, defects, malfunctions, and other symptoms that prevent it from operating properly.
- The Company may change the contents of the service under development, or suspend or discontinue the provision of the service under development at any time without prior notice if the Company deems it necessary.
- The Company makes no guarantees whatsoever regarding the completeness, accuracy, applicability, usefulness, availability, safety, or certainty of the services under development.
Article 21: Governing Law
These Terms shall be governed by and construed in accordance with the laws of Japan.
Article 22: Jurisdiction
In the event that a lawsuit arises between the User and the Company, the Tokyo District Court shall be the exclusive jurisdictional court of first instance.
June 9, 2017, Enacted.
December 1, 2017, Amended.
May 29, 2018, Amended.
October 9, 2019, Amended.
March 31, 2020, Amended.
August 3, 2022, Amended.
October 13, 2023, Amended.