Terms of Use

Genius Co., Ltd. (hereinafter referred to as the "Company") has established the "Online Salon UCAP Terms of Use" (hereinafter referred to as the "Terms"), and in accordance with these Terms, the "Online Salon" (hereinafter referred to as "The This service is provided.)

Article 1 (About this service)

This service is a membership-based communication service that enables communication between owners who send information and members, or between members, through various social media or platforms operated by the Company.

Article 2 (Definition)

In this agreement, the terms are defined as following, unless otherwise defined.

(1) "Online Salon" means a place where the owner can open communication with various social medias or platforms operated by the Company, where the owner and members can communicate with each other.

(2) "Owner" means an individual who presides over the online salon, or a corporation or other organization owned or substantially controlled by the individual. When the owner belongs to the organization, the owner is also included.

(3) "Owner-originated information" means information such as sentences, images, voices, and videos sent by the owner in this service.

(4) "Applicant" means a person who applies for membership of the online salon in this  service.

(5) “Member” means a person who has registered as a member in accordance with Article 4.

(6) "Valid period" means the period during which members can use the online salon as defined in Article 5.

(7) "Various social media” means social networking services such as Facebook operated by Facebook, Inc. that we specify as a medium for providing our online salon.

(8) "Distribution contents" means, in addition to the owner-distributed information, the texts, images, voices, videos, etc. distributed by the owner to members in this service. The copyright of the distributed contents belongs to the owner or a third party who licenses the owner.

(9) "Member post information" means all information posted by members on this service, including texts, images, audio and videos. The copyright of the member posted information and all other legal rights belong to the member who posted the member posted information or a third party who licenses the member.

Article 3 (Membership)

To use the online salon, you need to become a member, and to become a member, you are qualified as a member by fulfilling all the following requirements.

(1) Complete the membership application procedure

(2) Agree to these Terms

(3) If the member is a minor, obtain the consent of a legal representative

Article 4 (membership registration)

1. The applicant shall apply to the Company for membership in the online salon by the method specified by the Company.

2. Online salon membership registration (hereinafter referred to as "member registration") will be completed when the owner approves participation in the online salon.

3. Situations in which owner or the Company determines a strict examination may occur in cases of the following. No account of various social media linked, no real name registered, no profile photo, no listing in friend list or the account is not active.

If we determine that a strict examination is necessary, we may perform an examination. In this case, the provisions of the preceding paragraph will not apply, and membership registration will be completed when the Company notifies the applicant of the acceptance for membership or when the applicant pays the usage fee, whichever comes later. 

4. The applicant agrees in advance that the owner or the Company may not accept the application for membership from the applicant. The Company shall not be obligated to explain the reason for disapproval to the applicant.

Article 5 (use charges, etc.)

1. To use the online salon, you must pay the usage fee (hereinafter referred to as "usage fee") to the Company in advance by the method specified in paragraph 7 of this article. Members can use the online salon during the validity period by paying the usage fee.

2. The usage fee varies depending on classes, and is 1,800 yen (tax included) or 980 yen (tax included) per month. It is valid until 23:59 on the last day of every month. Even if you register or withdraw during the month, you will not be able to prorate the usage fee for the month you withdraw.

3. Membership registration shall be automatically renewed (hereinafter referred to as "automatic renewal") unless the member completes the withdrawal procedure and the owner completes the withdrawal procedure or the membership qualification expires.

4. When automatically renewed according to the preceding paragraph, the usage fee will be automatically settled by the payment method specified by the member at the time of membership registration when the validity period has passed (hereinafter referred to as "at the time of renewal"). will do.

7. Payment method of usage fee is currently limited to credit card or PayPal.

8. If we change the usage fee, we will notify the member one month before the change date. However, this does not apply if there are unavoidable circumstances.

Article 6 (Distribution content usage)

1. If a member voluntarily withdraws from the online salon or loses his / her membership, he / she will not be able to use all contents.

Article 7 (Refund)

1. The Company shall not refund the usage fee and purchase price paid by the member.

2. Even if the member voluntarily withdraws from this service within the valid period or the membership qualifies, the same as the previous paragraph.

Article 8 (Prohibited matters)

1. The Company prohibits the following acts when members use this service. In addition, the prohibited items specified in the following items shall also be applied to member posted information.

(1) Acts of soliciting, inducing, and facilitating aid dating, prostitution, etc., or posting inviting, inducing, and promoting such vague expressions including all slang

(2) Acts for the purpose of meeting or dating

(3) Actions that may induce child pornography or child abuse

(4) Acts that infringe or may infringe copyrights, trademark rights, patent rights, utility model rights, privacy rights, portrait rights, publicity rights and other rights of other members, owners, our company or third parties

(5) Acts that slander other members, owners, the Company or third parties, or damage their honor or credit

(6) Expressions related to ethnicity, religion, race, sex, age, etc. that lead to discrimination

(7) Actions that solicit, induce, or promote suicide, mass suicide, self-harm, illegal drug use, etc.

(8) Buying and selling membership status and other similar acts

(9) Acts for the purpose of advertising, promoting, or inducing self- or third-party products or services without obtaining our permission, or acts for soliciting spam mails, chain mails, etc.

(10) Acts that give disadvantages to other members, owners, the Company or third parties

(11) Acts that violate public order and morals, other laws and ordinances, or acts that solicit, assist, forcibly, or promote such acts.

(12) Act of reprinting or quoting the information obtained by this service and posting it on other media

(13) Providing benefits or convenience to antisocial forces

(14) Acts of using this service for the purpose of collecting information of other members, or for the purpose of soliciting religious or political activities.

(15) Dissemination of false information to other members

(16) Acts that interfere with the use of this service by other members

(17) Act of impersonating another member or a third party to use this service

(18) Acts that violate the rules set by various social medias

(19) Acts that infringe or may infringe on intellectual property rights such as copyrights, trademark rights, etc. of distribution contents (copying, modifying, public transmission, making transmission possible, uploading, rental, distribution contents, The act of screening or broadcasting corresponds to this, but is not limited to this.)

(20) Act of circumventing the technical protection measures applied to the distributed contents

(21) Act of providing personal information acquired through this service to a third party without the consent of the person

(22) Falsification / erasure of information provided by this service

(23) Acts that place an excessive burden on our server

(24) An attempt to illegally access another computer system or network connected to this service.

(25) Acts of using or providing harmful programs such as computer viruses, or acts of recommending these acts.

(26) Reverse engineering, decompiling, or disassembling the Service or the software used on the Service.

(27) Act of disclosing the contents of the pre-publication project involving the Company and the owner to a third party

(28) Operations and defamation to specific members, acts of trolling, and acts that greatly disturb the order of the community.

(29) Acts that interfere with the services operated by the Company in addition to this service

(30) Actions that promote the actions specified in the preceding items

(31) Actions suspected to be those prescribed in the preceding items

(32) Other acts that the Company deems inappropriate.

2. Whether or not the prohibited items in each item of the preceding paragraph are applicable can be judged at our discretion.

Article 9 (voluntary withdrawal)

1. If a member wishes to withdraw from this service, he / she may inform the company via email (celeinaann.ucap@gmail.com).  However, in this case, the provisions of Article 7, paragraph 2 shall apply.

2. Even if a member withdraws from the online salon, other members can view the information posted by that member.

Article 10 (Expiration of membership)

In the event of any of the following reasons, the membership will expire and the member will not be able to use the entire service.

(1) When updating, if the credit card registered by the member cannot be settled and automatic updating is not possible

(2) Situations specified in Article 11

Article 11 (Measures for Acts of Violation of Terms)

In order to properly operate this service, we will delete the information posted by the member, suspend the use of this service, expire the membership, etc. without notifying the member in advance if the member falls under the following matters. The Company shall be able to take necessary measures.

(1) When the member violates the matters stipulated in this agreement, or when the Company judges that there is a risk

(2) When the trust relationship between the member and the owner or our company is lost, or when the owner or our company determines that the use of this service by the member is inappropriate.

Article 12 (Handling of member data and information posted by members)

1. When it becomes necessary to maintain or improve this service, the Company shall be able to copy the member posted information within the range necessary for the service maintenance or improvement.

2. The Company and the owner will use the information posted by the member free of charge for the purpose of advertisement of this service and commercialization and service derived from this service (including but not limited to secondary use such as book conversion). It is possible to use (including duplication, copying, modification, sublicense to a third party and all other uses), and the member grants it to the Company and the owner as permanent and irrevocable. However, when using information that can identify an individual among member posted information or information posted by a member that clearly indicates the intention of limited disclosure, the Company and the owner shall obtain the prior consent of the member who posted the information. 

3. Members shall not exercise the moral rights of the author against the Company or the owner in using the information posted by the Member under the preceding paragraph.

Article 13 (Monitoring of information posted by members)

In order for our members to use this service comfortably, we will entrust ourselves or a third party to monitor the information posted by the members, and the members agree to this. However, we have no obligation to monitor.

Article 14 (Stop, change, end of this service)

1. The Company shall be able to suspend the provision of all or part of this service at any time in the following cases.

(1) When inspecting or maintaining the system related to this service

(2) When the system or communication line is down

(3) In the event of a natural disaster or other emergency such as an earthquake, lightning strike, fire, storm and flood damage, blackout, etc.

(4) When various social media services stop

(5) In addition, if we determine that it is necessary to stop this service

2. The Company may change the content of the Service or terminate the provision of the Service for the convenience of the Company. When we stop, change or terminate this service (hereinafter referred to as "suspension"), we will endeavor to notify the members in advance as much as possible, but in case of emergency etc. Please note that you may not be able to do so.

3. The Company shall not be liable for damages suffered by the Member due to the suspension of this service.

Article 15 (Disclaimer)

1. We do not guarantee any of the following matters. Members shall use the service and the usefulness of the information provided by the service at their own discretion and at their own risk.

  1. The usefulness, suitability, completeness, accuracy, reliability, safety, legality, morality, and up-to-dateness of all information provided by this service, including owner-originated information and the contents of distribution content (for information provided by this service and link destinations managed or operated by a third party displayed on this service) (The same shall apply hereinafter in this section))

  2. All matters concerning exchanges between members

(3) Items posted on various social media

(4) No defect, error or failure in the provision of this service.

(5) The owner-originated information and distributed contents on this service do not infringe the rights of third parties.

(6) The existence or identity of this service and each online salon shall be maintained.

2. In the event of a dispute with the owner or another member, the member shall resolve this between the parties.

3. If a member suffers damage due to the default or tort of our company while the use of this service, the Company is obligated to provide monetary award towards the member We will be liable for damages up to the amount of a usage fee  incurred by the member in the month in which the default occur . However, this does not apply if the Company has a willful or gross negligence.

Article 16 (Damage Compensation)

In the event that the Company suffers damages due to the member's actions (including complaints caused by the member's actions), the Company shall notify the member of the total amount of damages (including the lawyer's expenses incurred by the Company). 

Article 17 (Handling of personal information)

1. The Company shall handle personal information provided when the Applicant and Member use this Service, in accordance with the provisions of the Company's "Privacy Policy". In addition, personal information in this section means the personal information specified in the "law concerning protection of personal information".

2. The Company shall be able to use personal information for the purposes specified in the following items.

(1) Purpose of providing this service

(2) Purpose of cooperating with the procedures for the applicant's admission examination conducted by the owner

3. The Applicant and Member agree that the Company shall provide personal information to the owner and third parties designated by the owner within the range necessary for the purpose specified in the preceding paragraph.

4. If the applicant and the member directly provide their own personal information to the owner without going through the company, the company shall not be involved in any dispute caused by it and shall bear no responsibility to the applicant and the member. Article 18 (Change of Terms)

1. The Company shall be able to change the Terms and Use and Rules, etc. without prior notice to the Applicant and Member if the Company deems necessary.

2. The changed Terms shall immediately take effect when displayed on the Service. The applicant will automatically be deemed to have accepted the changed Terms of Use.

Article 19 (Notice from us)

1. Regarding matters to be contacted by the Company to members, we will contact or notify you through or various social media or the email address registered by the member at the time of member registration.

2. If there is a change in the email address in the preceding paragraph, the applicant must immediately request the change to celeinaann.ucap@gmail.com (state applicant’s name, and new e-mail address.) 

3. The Company shall not be liable for any damages caused to the Applicant or Member due to the failure of the Applicant or Member to perform the change procedure specified in the preceding paragraph.

Article 20 (Prohibition of transfer of rights and obligations)

Members are regulated to transfer or set collateral from all or part of the contractual status and all or part of the rights and obligations resulting from this contract, to a third party without prior written consent of our company. 

Article 21 (Separability)

If any provision of these Terms violates the related laws and regulations that apply to the contract with the Member based on this Agreement, the provision shall not apply to the contract with the Member to the extent so far. However, even in this case, the effect of other provisions of these Terms shall not be affected.

Article 22 (Governing Law, Court)

1. This agreement shall be interpreted according to Japanese law.

2. The Company, the Member have agreed in advance with respect to this Agreement that the Tokyo District Court will be the exclusive court of jurisdiction for the resolution of any dispute between the Company and the Member.

©Celeina Ann  All rights revered