Network Print Terms of Use

Article 1 (Purpose)

These Terms set out the conditions under which customers of tabiori, planned and operated by Gotaru Co., Ltd., use the service for printing documents on multifunction copiers installed in stores operated by Sharp Marketing Japan Corporation (the “Company”), its business partners (“Partners”), or their franchise chains (the “Service”).

Article 2 (Definitions)

The following terms have the meanings set out below.
(1) “User” means a user of tabiori, planned and operated by the company, who agrees to comply with these Terms.
(2) “Partner” means a business that partners with the Company to provide the Service.
(3) “Store” means a store operated by a Partner or its franchise chain that has a Sharp multifunction copier installed.
(4) “Service System” means the servers and other equipment, devices, facilities, and connections used to provide the Service, connected to the internet and operated and managed by the Company or a third party to which Service-related work is outsourced under Article 21 (including its subcontractors, collectively “Contractors”).
(5) “Sharp Multifunction Copier” means a digital color multifunction copier manufactured by Sharp Corporation (“Sharp”) that supports the Service. The Company will separately specify the supported models.
(6) “Dedicated Website” means the website operated by the Company to provide the Service (https://networkprint.ne.jp).
(7) “Registered File” means a file registered by a User on the Service System. The Company will separately specify the file formats, sizes, and other requirements for registration.

Article 3 (Description of the Service)

The Service allows Users to print Registered Files from the Service System on Sharp Multifunction Copiers installed in Stores, using the method specified by the Company. The details, conditions, specifications, and other aspects of the Service are as determined by the Company or its Partners.

Article 4 (Conditions of Service)

1. With the cooperation of its Partners, the Company provides the Service to Users residing in Japan who have the equipment and environment necessary to use it. Any third party whom a User permits to use the Service is also treated as a User. The User must ensure that such third parties comply with these Terms and is jointly and severally liable for their actions.
2. The content, conditions, specifications, and other aspects of the Service are limited to what the Company can reasonably provide at the time of provision.
3. The Company may, at its discretion, add to or change all or part of the Service without prior notice to Users. In that case, it will provide notice or make an announcement using the methods set out in Article 22.

4. If a change to the Service involves a change to fees or other material contractual terms, a User may end use of the Service by notifying the Company using its prescribed method before the change takes effect. If this paragraph applies, the Company will inform customers in the notice or announcement of the change to these Terms.
5. Notwithstanding the preceding two paragraphs, if a change requires a User's consent for legal or other reasons, the Company will obtain that consent using its prescribed method.
6. The Company may discontinue all or part of the Service after giving prior notice to Users, without incurring any liability to them. If the entire Service is discontinued, these Terms will be terminated on the discontinuation date.

Article 5 (How to Use the Service)

Users may use the Service as follows.
(1) The User first registers the files to be printed in a Store on the Service System, following the procedures separately specified by tabiori, planned and operated by Gotaru Co., Ltd. Registration of each file is completed when tabiori displays a registration-complete message after the User follows those procedures. File formats, sizes, and other requirements are as described in Article 2(7).
(2) During the period specified in Article 9(5), the User may print the Registered Files submitted under the preceding item by entering the user number on a Sharp Multifunction Copier in a Store, following the procedures separately specified by the Company and its Partners, and paying the fee specified in Article 7. Before printing, the User is responsible for checking that the file selected for printing is the Registered File submitted under the preceding item.

Article 6 (Management of User Numbers)

1. Users are responsible for managing and using their own user numbers.
2. If the Service is used as a result of an error in use or inadequate management of a user number, disclosure of a user number, unauthorized use by a third party, or another cause not attributable to the Company, the Company will treat that use as having been undertaken voluntarily by the User. The Company is not liable for damage suffered by a User or third party due to a cause not attributable to the Company.
3. If a User discovers that a user number has been stolen, disclosed, or used without authorization by a third party, or that there is a risk of this occurring, the User must immediately notify the Company. Such notification does not release the User from responsibility under the preceding two paragraphs.

Article 7 (Service Fees)

When printing Registered Files under Article 5(2), Users must pay the Service fee separately set by the Partner by inserting the required amount into the coin-operated payment unit attached to the Sharp Multifunction Copier in the Partner's Store.

Article 8 (Equipment and Environment)

1. Users must, at their own responsibility and expense, obtain all terminals, communications equipment, software, and other necessary equipment, and enter into agreements with telecommunications carriers and internet providers as necessary to use the Service.
2. Users must, at their own responsibility and expense, maintain and manage the equipment and environment described in the preceding paragraph so that the Service can be used smoothly and appropriately.

3. The Company is not liable for damage suffered by a User or third party as a result of the User's breach of either of the preceding two paragraphs.

Article 9 (Handling of Registered Files)

1. In operating and providing the Service, the Company will not disclose Registered Files to third parties except in the following cases.
(1) The User has consented to disclosure of the Registered Files.
(2) Disclosure is necessary to comply with laws or requests from government or public authorities, and is limited to the necessary scope.
(3) Disclosure is made to Partners or Contractors. The Company will contractually or otherwise require them to manage Registered Files appropriately and will disclose files only to the extent necessary.
2. Except in the cases covered by paragraphs 5 through 7, the Company will take, or cause its Contractors to take, measures it considers appropriate on the Service System or Dedicated Website to prevent deletion, loss, damage, alteration, unauthorized release, or leakage of Registered Files (collectively “Deletion, etc.”). If Deletion, etc. occurs despite those measures, the Company assumes no liability for any direct or indirect damage suffered by a User or third party as a result, notwithstanding Article 18.
3. When registering files on the Service System, Users must, at their own responsibility and expense, back up the files and take appropriate measures to protect them.
4. To address failures or malfunctions of the Service System or Dedicated Website in operating and providing the Service, the Company may copy and retain Registered Files itself or have Contractors do so. This paragraph does not impose any obligation on the Company or Contractors to copy or retain Registered Files.
5. The Company will delete all Registered Files from the Service System without notifying the User when the retention period set by Gotaru Co., Ltd., within the maximum period permitted by the Company, has elapsed from the date and time of registration.
6. If the Company discontinues the Service under Article 4(6), it will delete all Registered Files and other related data.
7. In addition to the preceding two paragraphs, the Company may delete all or part of the Registered Files after notifying Users in advance if it considers this necessary to operate and provide the Service.
8. The Company is not liable for damage suffered by a User or third party as a result of the preceding three paragraphs.

Article 10 (Protection of Personal Information)

The Company handles Users' personal information (information that can identify a specific individual) in accordance with the “Handling of Personal Information for the Network Print Service” published on its website at https://smj.jp.sharp/bs/contact/networkprint.

Article 11 (Suspension or Restriction of the Service)

1. The Company may suspend all or part of the operation or provision of the Service to maintain, inspect, repair, or update the Service System or Dedicated Website, after giving Users prior notice by a method it considers appropriate.
2. The Company may suspend or restrict all or part of the operation or provision of the Service without prior notice to Users in any of the following cases.

(1) A User engages in, or is likely to engage in, an act listed in Article 12(1).
(2) A User places an excessive load on, or causes a serious impediment to, the Service System or Dedicated Website, including but not limited to damage to data contained therein.
(3) Unauthorized access, cracking, attacks, unauthorized relaying, or other improper acts against the Service System or Dedicated Website occur through a User or through computers, communications equipment, software, or other resources prepared or managed by the User, regardless of the User's intent or negligence.
(4) The User and the Company enter into an agreement to terminate or suspend the provision or use of the Service.
(5) A natural disaster, war, riot, civil disturbance, enactment, amendment or repeal of laws, order or disposition of a court or administrative authority, labor dispute, power outage (including a planned outage), or other emergency occurs or is likely to occur.
(6) A failure occurs or is likely to occur in the Service System, Dedicated Website, other facilities, or communications lines.
(7) A telecommunications carrier suspends telecommunications services, such as internet connections, used to operate, provide, or use the Service.
(8) Suspension of the Service is unavoidable for reasonable and urgent operational, technical, or other reasons.
(9) Another cause beyond the Company's responsibility occurs.
3. In addition to the preceding two paragraphs, the Company may suspend or restrict all or part of the Service at any time without prior notice to Users. In that case, it will announce the suspension or restriction by a method it considers appropriate.
4. The Company is not liable for damage suffered by Users due to suspension or restriction under the preceding three paragraphs, except where the damage results from the Company's intentional misconduct or gross negligence.

Article 12 (User Obligations)

1. Users must not engage in, or engage in conduct likely to constitute, any of the acts listed below when using the Service. If a User engages in such conduct, or the Company determines that a User is likely to do so, the Company may take appropriate measures without prior notice or demand.
(1) Unauthorized use of another person's login information.
(2) Use, provision, or transmission of harmful programs, including computer viruses.
(3) Acts that cause damage to the Company or a third party.
(4) Deletion, loss, damage, alteration, unauthorized release, or leakage of information belonging to the Company or a third party.
(5) Discrimination against, defamation or disparagement of, or damage to the reputation or credit of the Company or a third party.
(6) Infringement of a third party's privacy or portrait rights.
(7) Infringement of the property of the Company or a third party, including intellectual property.
(8) Acts contrary to public order or morals.
(9) Criminal acts or acts connected with criminal activity.
(10) Acts that interfere with operation or provision of the Service, such as placing an excessive load on, or causing a serious impediment to, the Service System or Dedicated Website, including but not limited to damage to data contained therein.
(11) Use of the Service for the purpose of selling content.
(12) Printing banknotes, currency, or other items covered by Japan's Act on Control of Imitation of Currency and Securities, or similar items
.
(13) Any breach of these Terms.
(14) Any other act contrary to laws or regulations.
(15) Any other act the Company considers inappropriate.
2. Users bear full responsibility for their use of the Service and its results. If the Company or a third party, including another User, suffers damage in connection with a User's use of the Service, the User must compensate the affected party for that damage.

Article 13 (Compliance with Export Controls)

When registering files on the Service System from outside Japan, including by using the Service from a User's branch, office, sales office, or other base outside Japan, whether permanent or temporary, or from a temporary location such as a business trip destination, the User acknowledges responsibility for export control compliance and must comply with all applicable export restrictions, including Japan's Foreign Exchange and Foreign Trade Act, U.S. re-export regulations, and other countries' export controls.

Article 14 (Loss of Eligibility)

If a User engages in, or engages in conduct likely to constitute, an act listed in Article 12(1), the Company may temporarily suspend that User's access to the Service or terminate the User's eligibility without prior notice or demand. Use of the Service ends when the User loses eligibility.

Article 15 (Copyright)

1. Users must not use copyrighted works through the Service beyond the scope permitted by the author or copyright holder or allowed by law.
2. Users must not allow third parties to use copyrighted works through the Service without permission from the author or copyright holder.
3. The Company is not responsible for issues arising from a User's breach of this Article. If the Company suffers damage due to such a breach, the User must compensate the Company.

Article 16 (Service Inquiries)

Unless the Company separately specifies otherwise, Users may submit questions or report issues concerning the Service only by completing and submitting the designated form on the Dedicated Website. The Company responds between 9:00 a.m. and 5:40 p.m. Japan time, Monday through Friday, excluding Japanese national holidays and year-end/New Year or other holidays designated by the Company.

Article 17 (Disclaimer)

1. The Company makes no warranty as to the completeness, accuracy, reliability, usefulness, or fitness for a particular purpose of the Service.
2. Users must handle and resolve disputes with third parties concerning use of the Service at their own responsibility and expense, except where the Company has acted intentionally or with gross negligence.

Article 18 (Compensation for Damage)

1. If the Company causes damage to a User for reasons attributable to the Company in performing its obligations under these Terms, it will compensate only for direct and ordinary damage actually suffered by that User. The Company's liability is limited to JPY 10,000 regardless of the basis of the claim. The Company is not liable for damage arising from special circumstances, lost profits, or damage to a User resulting from a third party's claim for compensation, regardless of whether the Company foresaw such damage.
2. A User loses the right to claim compensation under these Terms unless the claim is made within one year from the date on which the User became entitled to make it.

Article 19 (Confidentiality)

1. Users and the Company must strictly protect information expressly identified as confidential that is disclosed or provided by the other party in performing these Terms (“Confidential Information”). Without the other party's prior written consent, they must not use it for purposes other than performance of these Terms or disclose or leak it to a third party. This does not apply to information that:
(1) Is publicly known or publicly available.
(2) Becomes publicly known or available after disclosure or provision through no fault of the receiving party.
(3) Can be proven to have already been held by the receiving party at the time of disclosure or provision.
(4) Is obtained from a duly authorized third party without a confidentiality obligation.
(5) Can be proven to have been independently created after disclosure or provision without reference to the Confidential Information.
(6) Is disclosed as required by law.
2. Notwithstanding the preceding paragraph, the Company may disclose its Confidential Information to Contractors to the extent necessary to provide the Service. In that case, the Company will impose confidentiality obligations equivalent to those in the preceding paragraph on the Contractors.
3. The Company may copy Confidential Information to the extent necessary to use or provide the Service. This Article also applies to those copies.
4. Users and the Company must promptly return, destroy, or delete Confidential Information at the other party's request or when use or provision of the Service ends.
5. This Article remains effective for three years after use or provision of the Service ends.

Article 20 (Prohibition on Assignment)

Except as provided in these Terms, Users must not assign, transfer, pledge, or otherwise dispose of all or part of their rights or obligations under these Terms to a third party.

Article 21 (Outsourcing)

The Company may delegate or subcontract all or part of its obligations under these Terms to third parties.

Article 22 (Communications to Users)

Unless otherwise provided in these Terms, the Company will communicate with and notify Users by publishing information on the Dedicated Website. Communication or notice is deemed complete when the Company publishes it there.

Article 23 (Compliance with Laws)

1. Users and the Company must comply with applicable laws and regulations when performing these Terms.
2. Users and the Company will respect the government's guidelines for preventing harm from antisocial forces (the “Guidelines”). Each represents and warrants that it, its officers, persons who substantially control its management, and its parent or subsidiary companies (as defined in Japan's Companies Act) are not, and will not become affiliated with, organized crime groups, members of such groups, related companies or persons, corporate racketeers, or other antisocial forces (“Antisocial Forces”).
3. In connection with performance of these Terms, Users and the Company must not engage in any of the following acts.
(1) Threatening words or conduct, violence, or acts damaging the other party's reputation or credit.
(2) Obstruction of the other party's business by deception or force.
(3) Improper demands against the other party of the kind excluded by the Guidelines.
(4) Causing a third party belonging to Antisocial Forces to engage in any of the preceding three acts.
(5) Supporting the activities of Antisocial Forces, including by providing funds, whether by the party itself, its officers, or persons who substantially control its management.
(6) Any of the preceding five acts by a parent or subsidiary company.

Article 24 (Changes to the Terms)

1. The Company may amend these Terms in either of the following cases. After amendment, the amended Terms govern provision of the Service.
(1) The amendment is in Users' general interests.
(2) The amendment does not conflict with the purpose of the agreement and is reasonable in light of the need for the amendment, the appropriateness of its content, and other relevant circumstances.
2. Unless the Company separately specifies otherwise, it will notify customers or announce the amendment, the amended Terms, and their effective date using the methods in Article 22.
3. For an amendment under paragraph 1(2), the notice or announcement in the preceding paragraph will be made before the amendment takes effect.
4. If an amendment involves a change to material contractual terms, a User may end use of the Service by notifying the Company using its prescribed method before the amendment takes effect. The Company will inform Users in its notice or announcement if this paragraph applies.
5. Notwithstanding the preceding four paragraphs, if an amendment requires a User's consent for legal or other reasons, the Company will obtain that consent using its prescribed method.

Article 25 (Governing Law)

The formation, validity, performance, and interpretation of these Terms are governed by Japanese law, without reference to choice-of-law principles.

Article 26 (Resolution of Disputes)

1. The Company and Users will discuss in good faith and seek an amicable resolution of matters not covered by these Terms or questions concerning the interpretation of any provision.
2. The Tokyo District Court has exclusive agreed jurisdiction as the court of first instance over disputes concerning these Terms.