In order to promote the protection of personal information, Durian Inc. (hereafter referred to as “the Company”) has established a Policy for the Protection of Personal Information by creating an environment wherein all of our employees recognize the importance of personal privacy and endeavor to protect it.
Management of Personal Information
The Company keeps accurate and up-to-date personal information of its customers. In order to prevent the unauthorized access, loss, corruption, falsification or leakage of such information, the Company undertakes all necessary measures such maintenance of the security system, maintenance of the management system and thorough employee training to implement safety measures and manage personal information securely.
Use of Personal Information
The Company shall use the personal information of the users only for the purposes indicated below. The company will only use the information for a purpose other than those indicated if prior consent of the user has been received or if permitted by laws related to the protection of personal information etc.
–personal authentification of users and provision of various services
-temporary back-up storage in relation to the operation of the services
-customer surveys for the purpose of improving services, aggregation of user profiles and data analysis
Prohibition of disclosure and provision of personal information to third parties
We diligently manage the personal information entrusted to us by our customers, and will not disclose such information to a third party, except in the following cases.
–if we have the consent of the Customer
–if the personal information needs to be disclosed to a supplier consigned by the Company to carry out tasks necessary to fulfill services that have been requested by the Customer
–if disclosure is necessary to comply with laws and regulations.
Safety Measures for Personal Information
The Company has taken all possible security measures to ensure the accuracy and safety of personal information.
Customer Requests Related to Personal Information
If the Customer has a query regarding their personal information, or if they wish to correct or delete such information, the Company will respond to such requests after confirming the identity of the person in question.
Compliance and Review of Laws, Regulations and Standards
If you have any queries regarding the Company’s handling of personal information, please contact the below.
April 1, 2018
Editing Service User Agreement
Chapter 1 Purpose of this Agreement
Article 1 (Purpose of this Agreement)
This Agreement sets out the contents of the Editing Service and the application process etc.
Chapter 2 Establishing an Editing Service User Agreement
Article 2 (Application Process)
1. The Applicant to the Editing Service shall complete all necessary sections of the Editing Service Application Form on the Company’s website without omission and shall transmit the necessary information according to the procedure displayed on the screen.
2. Before applying for the Editing Service, the Applicant should verify the contents of this Agreement. Once the Applicant has followed the application process described in Paragraph 1, the Company shall be deemed to have consented to all aspects of this Agreement.
Article 3 (Requirement for Establishing an Editing Service User Agreement)
The Editing Service User Agreement shall come into effect once all the conditions listed below are satisfied.
(1) The Applicant has confirmed that they have read the points specified separately.
(2) All information requested on the application form has been received by the Company in line with the application process specified by the Company as described in paragraph 1 of the preceding article.
(3) The Applicant has paid the full fee specified in Article 18 to the Company. (This does not apply to the Free Editing Service.)
(4) The Company has indicated to the Customer its intention to accept.
Article 4 (When the Editing Service User Agreement Comes into Effect)
The Editing Service User Agreement will come into effect once all the conditions specified in the preceding article have been met and the Company has sent the Customer a notice of acceptance as described in Article 3 above, unless otherwise specified by law.
Article 5 (In the Case of Non-acceptance)
1. The Company may reject an application to the Editing Service for any of the reasons listed below.
(1) It is clear that the Applicant will use the Editing Service in violation of the terms and conditions of this Agreement.
(2) If the Customer is late in fulfilling his or her obligations to the Company, or has been late doing so in the past.
(3) If the Applicant submits false information to the Company when applying to the Editing Service.
(4) If the Applicant is a minor, an adult ward or under guardianship at the time of application, and lacks the ability to honour the terms of the Editing Service User Agreement by his or her own acts, in the absence of consent or confirmation by an agent or other legal representative.
(5) If the Applicant is an antisocial organization, or is found to be connected to an antisocial organization.
(6) If in the past the Applicant’s service has been terminated or their application has been refused.
(7) In addition to the cases described in each of the preceding items, if there is a problem for the Company to carry out the service or there is a risk that there may be a problem.
2. The Company is not obliged to notify the Customer of the reason for non-acceptance.
Chapter 3 Editing Service
Article 6 (Editing Service)
1. Under the terms of this Agreement, “Editing Service” refers to a service whereby the Company edits the material submitted by the Customer and provides the Customer with the Edited Material.
2. Under the terms of this Agreement, “Edited Materials” refer to materials that have been edited by the Company and returned to the Customer.
3. The Company may change the content of its Editing Service specified under paragraph 1 without notice. We are not responsible for any damage caused to Customer as a result.
Article 7 (Completion Date)
1 The Company will inform the Customer of the estimated completion date, upon establishing the Editing Service User Agreement.
2. The Company shall not take any responsibility for damage caused to the Customer in the case of failure to meet the estimated completion date specified to the Customer in accordance with the preceding paragraph.
Article 8 (Delivery of Edited Materials)
The Company shall deliver the Edited Materials to the Customer in the manner specified by the Company.
Article 9 (Data Back-up)
1. Unless otherwise specifed, the Company takes no responsibility for any loss or damage to the drawings, illustrations or Edited Materials (hereinafter collectively referred to as “Data”) provided to the Company by the Customer at the time of application to the Editing Service. This applies both before and after delivery of the Edited Material.
2. The Customer shall make back-ups of the Data specified in paragraph 1 at their own expense and burden.
Article 10 (Infrastructure Failure)
If the Customer is unable to use the Editing Service due to the failure of telecommunications services or other infrastructure used by the Company to deliver the Editing Service, the Company will not assume any responsibility for damage caused to the Customer.
Article 11 (Transfer of Rights)
Customers may not transfer, inherit, sublease, sublicense or submit to any third party their rights and obligations regarding the Editing Service User Agreement.
Article 12 (Customer Notifications)
The Company may request certain information or notify certain matters to customers via e-mail, postal mail, fax etc. in order to confirm matters necessary for provision of the Editing Service. It is the responsibility of the Customer to observe the contents of these requests and notifications and take all necessary action at their own expense. If the Customer fails to do so (for instance for the reasons specified in Article 13 below) the Company shall not be responsible for any damage caused to the Customers or third parties.
Article 13 (Notification of Change)
1. If the Customer intends to change their details submitted to the Company for the use of the Editing Service, the Customer will promptly notify the Company of such changes. Notification of this change shall be made according to the process specified by the Company.
2. Until the notification specified in the preceding paragraph has reached the Company and the Company has confirmed the details of the change, the Company will assume there has been no change and will continue to deliver the Editing Service and other tasks related to the Editing Service User Agreement as before. The Company is not responsible for any damage caused to customers as a result.
Article 14 (Rules Governing the Use of the Editing Service)
1. In order to clarify matters to be complied with by Customers regarding the use of the Editing Service, the Company may revise the rules governing the use of the Editing Service without notice. The Company will inform Customers of the revised rules by appropriate means, such as posting on the website.
2. The provisions of Article 25 (Amendments to this Agreement) shall also apply mutatis mutandis to the revision of rules as described in the preceding paragraph.
Article 15 (Termination of Services)
1. The Company may terminate all or part of its Editing Service following an announcement to customers. In cases of emergency, there may be no announcement.
2. The Company shall not be liable for any damages caused to customers due to the termination of services as described in the preceding paragraph.
Article 16 (Disclaimer)
1. In connection with the reasons specified in the following items, and in the event of resulting damage to customers or third parties, the Company shall not take responsibility for repairing defects, restoring data programs or any other electromagnetic records (hereinafter referred to as “Data etc.”), or provide compensation for damages (including psychological damage)
(1) Error in Edited Materials
(2) Loss, damage, leakage of Data etc. that the Customer provided to the Company
(3) If the Customer is dissatisifed with the quality, continuity, or legitimacy of the Editing Service, its conformity to a specific purpose, non-infringement of third party rights, any resulting increase or decrease in the Customer’s sales, usage or non-usage of part or all of the Editing Service etc.
2. In addition to the reasons specified in the preceding paragraph, the Company takes no responsibility for any damage caused to the Customer or third party in relation to the Editing Service.
3. The provisions of the preceding two paragraphs shall not apply to damages caused intentionally or through gross negligence. However, even in such cases, the liability assumed by the Company shall be limited to the extent of direct and reasonable damage caused to the Customer or third party. Furthermore if there is separate provision under laws and regulations, the Company shall comply with the law.
Chapter 4 Fee
Article 17 (Types of Fee)
1. The Customer shall pay the Company a fee for the Editing Service according to the terms prescribed separately by the Company. The Company will provide the Editing Service after confirming that the fee for using the Editing Service has been paid. (This does not apply to the Free Editing Service.)
2. The Company may decide to charge the Customer fees other than those specified in the preceding paragraph for customers who use certain existing service plans or certain service plans to be newly established. In this case, in addition to the fee specified in the preceding paragraph, the Customer shall pay the fee determined by the Company in this section.
3. Customers will be responsible for the taxes and dues generated upon usage and payment for the Editing Service.
4. The Customer shall bear any other expenses incurred as a result of paying the fee.
Article 18 (Fee)
1. The Company shall determine the fee for using the Editing Service and notify the customer by appropriate means, such as posting on the website or sending an e-mail.
2. The Company may change the fee stipulated in the preceding paragraph without notice. The Company will notify customers of the revised fees by appropriate means, such as by posting on the website.
Article 19 (Method of payment)
1. The Customer shall pay the fee to the Company by credit card payment as specified by the Company.
2. For certain customers, the Company may require a payment method different from the payment method prescribed in paragraph 1.
Article 20 (Cancellation at the Customer’s Request)
1. The customer can cancel the Editing Service User Agreement at any time up until receiving the Edited Materials in line with Article 8.
2. In the case of cancellation pursuant to the preceding paragraph, the Customer shall notify the Company in accordance with the method prescribed by the Company. If the Customer fails to follow the prescribed method cancellation will not occur.
3. Even if the Customer cancels in line with the method prescribed in this section, the Customer cannot receive a refund of the fee paid for the Editing Service etc.
Article 21 (Cancellation by the Company)
1. The Company may suspend provision of the Editing Service or cancel the Agreement without notifying the Customer for any of the reasons specified below:
(1) If the Customer violates the terms of this Agreement.
(2) If the Customer commences bankruptcy proceedings, corporate reorganization proceedings or similar.
(3) If the Customer submits false information to the Company.
(4) In any of the cases specified under Article 5, paragraph 1, or when it is deemed that there is a risk of such cases occurring.
(5) In addition to the cases specified in the preceding items, if there are serious reasons why it is difficult to provide the Editing Service.
2. In addition to the reasons specified in each item of the preceding paragraph, the Company is not liable for any damages caused to customers or third parties in relation to the Editing Service.
Chapter 5 Licence of Use
Article 22 (Use of Edited Materials)
1. Customers are free to use the Edited Materials as they see fit.
2. The Company may use the Edited Materials for the purpose of commentary or promotion through various media such as books, videos, internet or exhibitions, for an indefinite period of time, without offering compensation to the Customer. If the Company wishes to sell the material on a standalone basis, the Company shall determine with the Customer how to proceed.
3. The Customer shall not exercise moral rights of authorship against the Company or any third party designated by the Company. The Company will use the pen-name provided at the time of application to indicate authorship.
Chapter 6 Dispute Resolution etc.
Article 23 (Governing Law)
The Applicable law governing the Editing Service User Agreement is the law of Japan.
Article 24 (Jurisdiction)
Any litigation arising out of the Editing Service User Agreement shall be subject to the exclusive jurisdiction the Tokyo Summary Court or Tokyo District Court in the first instance, to the exclusion of others.
Chapter 7 Revision of this Agreement
Article 25 (Revision of this Agreement)
1. The Company may revise the terms of this Agreement as of a specified date. The Company will notify the Customer of the revised terms of the Agreement by appropriate means such as posting on the website.
2. The contents of the Editing Service User Agreement shall change as of the date of implementation of the revised Agreement and the Customer shall be bound by the terms of the revised Agreement.
1. The terms of this Agreement shall come into effect on April 1, 2018.
Studio Durian Editing Service https://studio-durian.jp/news/studio-durian-editing-service
Charge correction https://studio-durian.jp/news/charge-correction
Free Editing Service https://studio-durian.jp/news/free-editing-service
Atelier Durian https://studio-durian.jp/news/atelier-durian-en