Terms and Conditions

Terms and Conditions

The Terms and Conditions set out the conditions for the Services operated by Dream Plus Co. Ltd. and offered under the name KUMI.

Article 1 (Definition)

The terminologies used in the Terms and Conditions are defined as follows:

“Terms and Conditions” – this KUMI Terms and Conditions.
“Company” – Dream Plus Co. Ltd.
“Services” – services offered under the name of KUMI by the Company.
“Service site” – a website established by the Company for the purpose of the operation of the Services.
“User” – a natural or physical person who uses or will use the Services.
“Member” – a User who has applied for and been accepted by the Company for the membership of the Services in accordance with the procedures prescribed by the Company for the use of the Services.
“Registration” – any act by which a User provides information to the Company for the purpose of receiving the Services.
“Registered information” – all information registered by the User.
“Public information” – information that is assumed to be viewed by unspecified third parties due to the fictionality of the Services among the Registered information, including, for instance, personal information of the Member.
“Login ID” – the code, including password, used to identify the Member of the Services.
“Contracting company” – any legal entity or other organisation that requires the provision of services by the Member via the Services.
“Subject contract” – any contract between the Member and the Contracting company via the Services, including performance contract, outsourcing contract and any other contracts.
“Contents” – information on any text, images and videos contained within the Services.
“Individual regulations” – various provision concerning the use of the Services that the Company establishes in addition to the Terms and Conditions.
“Terms and Conditions etc.” – a comprehensive term including the Terms and Conditions as well as the Individual regulations.

Article 2 (Applicability of this Terms and Conditions)

The purpose of this Terms and Conditions is to set out the terms and conditions of the Services offered by the Company.
The Terms and Conditions apply to all Users. If they do not agree to the Terms and Conditions, they cannot use the Services.
The User is deemed to have agreed to all the following content of the Terms and Conditions at the time of applying for membership as stipulated in Article 5.2 and performing any other acts of use relating to the Services.
If the User is a minor, he/she must obtain the necessary consent of legal representative such as a person with parental authority for each act of use before using the Services.
The Company may set out Individual regulations concerning the Services. These regulations shall constitute a part of the Terms and Conditions regardless of their name.
If the provisions of these Terms of Use conflict with the provisions of the Individual regulations in the preceding paragraph, the latter shall take precedence unless otherwise specified in the Individual regulations.

Article 3 (Content of the Services and Our Role)

The Services refer to an information exchange platform for those who aim to engage international activities in the film industry and those who aim to develop their own copyrighted work overseas. All parties are responsible for guaranteeing the accuracy and reliability of the information exchanged between Members and Contracting companies for the purpose of providing the information exchange place and opportunity between Members as well as Members and Contracting companies.
Although the Company provides Members with opportunities to conclude Subject contracts with Contracting companies, the Company does not act as a mediator for these contracts. The Company is not involved in the execution of transactions such as the conclusion, cancellation, rescission, and refund of the Subject contract, except as otherwise stipulated in the Terms and Conditions or as a separate agreement concluded between Members.
The Company does not ensure the conclusion of Subject contract or any other results from the Member’s use of the Services.
In addition to the preceding paragraphs, a Member is held responsible for any acts and results related to the Member’s use of the Services. If a Member causes damage to the Company or others as a result of the use of the Services, the Member shall compensate for damage at his/her responsibility and expense.

Article 4 (Usage Environment)

The User shall, at his/her responsibility and expense, prepare the necessary environment for the use of the Services, including setting up hardware, software, internet connection and security.
The Company shall not be involved, in any way, with the User’s usage environment and shall bear no responsibility whatsoever.

Article 5 (Member Registration and Withdrawal)

The User shall register as a Member to use the functions of the Services.
The applicant can apply for his/her membership Registration in accordance with the methods explained on the Service site upon agreeing with the Terms and Conditions. The Company may conduct a separate identification check in accordance with the Company’s standards when the Member applies for the membership.
If the applicant is a minor, he/she shall obtain the comprehensive consent of his/her legal representative, such as a person with parental authority, before using the Services. In this case, the Company may contact the applicant or his/her legal representative to confirm whether or not the legal representative has given his/her consent.
The Company shall, in principle, accept the application for the membership contact once the application procedure has been completed as stipulated in the preceding paragraph. However, the Company may withdraw such acceptance in the following cases:
When the consent of the minor’s legal representative stipulated in the preceding paragraph does not exist;
When the application declares false facts;
When the applicant has already registered as a Member;
When the application violates the contract with the Company in the past;
When the fact that the applicant breaches declaration or warranty set out in Article 17 was revealed, or when the act breaches the commitment;
When the Company otherwise deems the applicant to be unsuitable.
When changing the Registered information, the User shall immediately notify the Company of the content change in accordance with the method set out by the Company.
The Member can withdraw from membership of the Services in the following withdrawal procedure stipulated by the Company. However, due to the Services’ system, the withdrawal procedure will take certain time to be completed. The membership withdrawal can be restricted due to the availability of the Services by the Member and, as a result of this, the User shall accept the restriction.
The Company shall not be liable for any damage or disadvantage caused by the fact that the User deletes his/her membership.

Article 6 (Management of Login ID)

Members shall manage and store their Login ID in an appropriate manner, and shall not allow third parties to use them by means of lending, transfer, name change, sell or any other methods.
If the Member’s Login ID is stolen or is likely to be stolen, the Member shall immediately notify the Company and follow the Company’s instruction.
The use of the Services, conclusion of various contracts and other transactions with the Login ID registered by the Member shall be deemed to have been made by the Member who registered the Login ID, irrespective of whether the registered Member made the use or transaction concerned or whether the registered Member was negligent (unless the Company is negligent).
The Company shall not be liable for any damage caused by the fault in the management or use of the Login ID etc., or by the use of third parties, unless the Company is negligent.

Article 7 (Notice and Communication)

Notice and communication between the User and the Company shall be made by the method prescribed by the Company. The Company shall verify the contact details registered by the User and shall send notice or communication to the contact details. The notice or communication shall be deemed to have reached the User at the time of transmission.
In the event that the User fails to realise the notice or communication from the Company because the User fails to notify the Company of a notification stipulated in Article 5.5, the Company shall not be liable for any damage caused by the User.
The User shall manage and store the account for the email service and other services used for the Services at his/her responsibility. The Company shall not be liable for any damage caused by the fault in the management or the use of such Services, or by the use of the third parties, except in the case of intentional or gross negligence on the Company.

Article 8 (Registration of Public Information)

Members shall register Public information, including their personal information, at their own responsibility and discretion, in accordance with the stipulated methods on the Service site, with the understanding that the information concerned can be exposed by an unspecified number of Users who use the Service site.
The Members shall immediately modify their registered Public information when the information has any changes or corrections.
The Company can add, modify or delete all or part of the registered Public information by the Members when the Company deems it necessary to do so.
The preceding paragraph does not oblige the Company to add, modify or delete the Public information. The Company does not guarantee to the User that the content of Public information has no fault, including accuracy, legality, reliability, completeness, validity, suitability for a particular purpose, and rights’ infringement, etc.

Article 9 (Contents Submission)

Members shall register contents for which they own the rights at their own responsibility and discretion, with the understanding that their information can be exposed by an unspecified number of Users of the Service site, in accordance with the prescribed method of the Service site.
Members shall ensure that the Contents they register do not infringe the rights and interests of others.
The Company can add, modify or delete all or part of the registered Contents by the Members if the Company deems it necessary to add, modify or delete it.
The preceding provision is not obliged to add, modify or delete the registered Contents by the Members.
The Company shall not be obliged to refund the fees paid by the Members for the Registration of the Contents concerned if the deletion of the Contents or other measures under the preceding paragraph 3 are due to any of the following reasons:
If the registered Contents violate the preceding paragraph 2 of this Article or any other provisions of the Terms and Conditions;
If the registered Contents do not comply with the purpose of the Services;
For other reasons attributable to the Members.
The Company can use the Contents posted by the User to within the reasonable scope for the purpose of the operation and advertisement of the Services, including not limited to reproduction, publication, transmission, distribution, transfer, lending, translation, adaptation, and use of secondary works. This also includes the right to sub-licence. The User shall accept this usage purpose. In addition, the User shall not exercise personality rights or any other rights in relation to such use by the Company or any third parties designated by the Company.
The preceding paragraph shall remain in force even after the contractual relationship between the Company and the User has ended, irrespective of whether the User withdrew from the Services, the Company suspended the use of the Services by the User or for any other reason.
The Company shall not be obliged to back up any Contents posted by the Members. If the Members need to back up their Contents, they shall do so at their own expense and responsibility.

Article 10 (Confidentiality)

The User shall not disclose or divulge to their parties any information relating to the technology, sales, operations, finances, organisation, etc. of the Company and the Contracting companies that are disclosed or divulged by the Company and Contracting companies in relation to the Services, without the prior written or email consent of the Company and the Contracting companies.
The obligations set out in the preceding paragraph shall remain in force after the end of the valid period of the recommissioning agreement and after withdrawal from the Services.

Article 11 (Intellectual Property Rights)

Copyright and other intellectual property rights concerning the content of the Services are attributed to legitimate rights holders of the Company, Contents providers and others. The User cannot reproduce, reprint, modify or make any other secondary use of the Contents without permission.
Members shall not perform the following acts relating to the Contents of the Services:
Recording or filming any audio or video Contents of the Services, whether for private purpose or not;
Making the Contents provided for Members on the Services available for viewing by third parties, including but not limited to the act of disclosing the URL for distribution of video Contents;
Reproducing any Contents created by the Company relating to the Services, regardless of format, such as PDF data, digital text data, audio download data, video distribution data etc.

Article 12 (Prohibited Matters)

The User shall not perform any of the following acts or other acts that may lead to the following acts:

Violations of the law or public order;
Acts related to criminal conduct;
Infringements of copyrights, trademarks or other intellectual property rights contained in the Services;
Infringement of the rights of third parties or posting of Contents that is not related to the purposes of the Services;
Destruction, or interference with, the function of the Company’s server or network, including excessive burdensome acts;
Obstruction of the operation of the Services;
Acts that discredit or damage the Services;
Unauthorised access, or attempted unauthorised access, to the Services;
Collection, store, or provision of personal information on other Users to a third party for any purpose contrary to the purposes of the Services;
Impersonation of other Users or Registration of false information;
Solicitation of online business, multi-business or religious activities;
Desire or inducement to meet the opposite sex;
Sending indiscriminate messages to an unspecified number of third parties or acts causing inconvenience to third parties;
Acts that directly or indirectly provide benefits to anti-social groups in relation to the Services;
Acts that make a third party commit any of acts listed in the preceding items, or that leave a third party without taking appropriate measures despite knowing the existence of such acts made by the third party;
Any other acts that the Company deems inappropriate.

Article 13 (Response to Violations)

The Company can, without prior notice, take any of the measures set out in the following paragraphs against the User when the User falls under any of the following situations:
Where the User violates any of the provisions of the Terms and Conditions etc.;
Where the Registered information contains false information;
Where the consent of the minor’s legal representative under Article 2.4 does not exist;
Where the fact that breaches the declaration or warranty set out in Article 17 exists, or where there is a breach of the commitment;
Where there has been no response to communications from the Company for a certain period of time;
In addition to the preceding items, where the email address registered by the User is deemed to be inactive;
In addition to the preceding items, where the Company decides that the relationship of mutual trust between the Company and the User has been destroyed;
Where the Company decides that the User inappropriately uses the Services.
The Company shall decide the content of the measures to be taken against the User set out in the preceding paragraph at the discretion of the Company. The Company can take the following measures:
Restrictions on the use of all or part of the Services;
Withdrawal from membership of the Services;
Any other measures that are deemed necessary to be taken by the Company in order to resolve the problem.
The Company shall not be liable for any damage caused by the User as a result of the measures taken by the Company in accordance with this Article. In addition, the Company is not obliged to disclose the reasons for any measures taken under this Article to the User.
The User shall compensate the Company or a third party for damages, including reasonable legal fees, when the User causes damage to the Company or a third party in violation of the Terms and Conditions etc.

Article 14 (Suspension and Usage Restrictions of the Services’ Provision)

The User shall acknowledge that the Company may change, suspend or terminate all or part of the Services. If such change, suspension or termination of the Services have a significant impact on the rights of the User, the Company shall give prior notice to the User by means of publication on the Service site or any other means.
The Company can suspend or interrupt all or part of the Services’ provisions without prior notice to the User when the Company decides that any of the following cases exist:
Where the Services cannot be provided due to force majeure, such as natural disasters or labour disputes;
Where temporary suspension of the Services is necessary due to system error of the Services, maintenance or construction of the equipment used to provide the Services or other technical reasons;
In addition to the preceding items, where temporary interruption of the Services is required for operational reasons.
The Company shall not be liable for any damage suffered by the User or a third party as a result of change, suspension, interruption or termination of the provision of the Services.

Article 15 (Exemption)

The Company does not guarantee, expressly or implicitly, that there are no de facto or de jure defects in the Services (e.g. defects in safety, reliability, accuracy, completeness, validity, compatibility for a particular purpose, security etc., errors or bugs, and infringement of rights).
The Company shall not be liable for any transactions, communications or disputes arising from the relationship between the User and other Users or third parties (including but not limited to Contracting companies) in relation to the Services.
The Company shall not be liable for any damage caused by the temporary suspension of the Services, partial or total suspension of the Services functions, delay or undelivered emails, wrong expression and non-display on the Services pages, due to the system error of computer system for the provision of the Services.
The Company shall not be liable for any damage arising from the environment of computer, line, or software used by the User.
The Company does not recommend the use of websites and other services provided by third parties that can be accessed via the Services. The Company shall not be liable for any damage caused by the User concerning the use of the Services.
Despite any provision in the Terms and Conditions etc., the Company’s liability shall be limited to direct and ordinary damages actually caused by the User as a result of default or tort, when the Company’s liability is restricted by the application of the Consumer Contract Act or for any other reason. In this case, the maximum amount of compensation shall be 10,000 yen. However, if the damage is caused by the Company’s intent or gross negligence, the compensation shall be made without these limitations.

Article 16 (Treatment of Personal Information)

The Company shall appropriately treat personal information obtained through the use of the Services in accordance with the Company’s “Privacy Policy”.

Article 17 (Exclusion of Anti-Social Forces)

The User shall declare and ensure that he/she, his/her officers (regardless of name, counsellors, advisors, employees executing business or other persons who de facto participate in management) or employees (authorised persons who have a significant impact on business interests or represent such persons) do not fall under any of the following categories (hereinafter “anti-social groups”) and that he/she does not have, or will not have, any relationship with anti-social groups.
“Bouryokudan, bouryokudan members, bouryokudan quasi-constituents, bouryokudan-affiliated companies, general meeting house operators, social movement mark boards, special intelligence violent groups”, and other persons equivalent thereto as described in the National Police Agency’s “Organised Crime Measures Outline”;
Those who have a close personal, capital or economic relationship with the persons listed in the preceding item, such as those who provide funds or benefits, or use them for the purpose of gaining illicit benefits;
The User shall confirm that the he/she does not conduct any of the acts listed in the following items, either by themselves or by using third parties:
Fraudulent, violent or threatening behaviour or language;
Illegal conducts or unreasonable demands;
Obstruction of business;
Defamation;
Acts equivalent to each of the preceding items.
If the User violates any of the preceding paragraphs, the Company can terminate the contract of the Services in whole or in part without being obliged to compensate the User for damages.

Article 18 (Recommission)

The Company can recommission all or part of the Services to third parties at its own responsibility.
The Company shall be liable for the appointment and supervision of the recommissioned parties and the results of the performance made by the recommissioned parties.

Article 19 (Assignment of Rights and Obligations)

The User cannot, without the prior written consent of the Company, transfer to the third parties their status on the Services or rights and obligations under the Terms and Conditions etc., or use them as security.
When the Company transfers the business relating to the Services to third parties, the Company can transfer the contractual rights and obligations based on the Terms and Conditions etc., the User’s Registered information and other information to the transferee of such business transfer without the User’s individual consent. The business transfer stipulated in this paragraph shall include not only ordinary business transfers, but also demerger or any other business transfer.

Article 20 (Separability)

If any provision of the Terms and Conditions etc., or any part thereof, is considered to be invalid or unenforceable under the Consumer Contract Act or any other law or regulation, the remaining provisions of the Terms and Conditions and those being considered invalid or unenforceable in part shall remain in full force and effect.

Article 21 (Change of the Terms and Conditions etc.)

The Company can, at any time, change the Terms and Conditions etc. in accordance with Article 548-4 of the Civil Code. In this case, the new Terms and Conditions after modification shall apply to the content of the contract for the Services.
When changing the Terms and Conditions etc. in accordance with the preceding paragraph, the Company shall announce the following matters to the public by posting on the Service site or by other methods by the effective date (except in cases falling under Article 548-4(1)(i) of the Civil Code).
That fact that the Terms and Conditions etc. are changed;
The content of the Terms and Conditions etc. after being changed;
Date of entry into force.

Article 22 (Applicable Law and Jurisdiction)

The Terms and Conditions etc. shall be interpreted in accordance with Japanese law.
The Tokyo District Court shall have exclusive jurisdiction as the first instance court in the event of any dispute concerning the Terms and Conditions etc. and the Services.

Date of enactment: 3/1/2024