DLsite.com User Agreement

Introduction

This User Agreement ("Agreement") is made between EISYS, INC./DLsite.com ("Site") and site visitors ("Users") including members of DLsite.com. In this Agreement references to; "you" or "your" refers to any Users of DLsite.com; and "We" and "us" and "our" refer to the Site.

Article 1 (Scope and Nature of the Agreement)

This Agreement applies to all services that the Site offers and to all the Users. The Site reserves the right at any time without prior notice to: Modify or eliminate any portion of the Terms of this Agreement contained herein; or Change the Site, including eliminating or discontinuing any downloads on, content on or materials of the Site. By continued use of the Site after such terms and conditions have been posted, you agree to abide by such changes.

Article 2 (Eligibility of Users)

The Users are those who applies to use the Site based on the designated procedure of the Site and upon acceptance of the Agreement, and who the Site approved. However, you must be an individual who is at least 18 years old to access, use, or activate your account on the Site.

Article 3 (Agreement of Users)

The Site may decline or cancel the approval of use if the person who applies for its use falls under any of the following items. Also, after the approval, the Site reserves the right to cancel the approval without prior notice.

  1. When the Site finds the fact that the Users have been disqualified as Users in the past due to violation of the Agreement or other reasons;
  2. When the Site finds the fact that there was a false statement, misdescription or incomplete form in the application of use;
  3. When the Site finds the fact that the payment through a financial institution, etc designated by the Users is suspended;
  4. When the Site finds the fact that the payment for the use of the Site has been neglected;
  5. When the Site finds the fact that the applicant is under 18 years old;
  6. When the Site finds the fact that the same applicant has applied for its use more than once; or
  7. When the Site judges the cancellation appropriate.

Article 4 (Control of User Number and Password)

You may not assign, transfer, sell, change the ownership or pawn the user number ("ID") and password provided by the Site in any manner to any third party. The Users take responsibility for the management and use of the ID and password provided under the Agreement to avoid inflicting any damage on the Site. The Users use the Site with the said ID and password on their own responsibility and shall be liable for any debt related to its usage.

Article 5 (Notification of Change)

The Users shall promptly notify the change of the e-mail address, telephone number or other information registered to the Site in a predetermined procedure. You cannot change your registered name unless the Site judges it appropriate such as the change of the Family name due to the marriage.

Article 6 (Facilities)

The Users must prepare communication equipment, communications lines, software, and all other facilities that are necessary to use the Site, on their own responsibility and at their expense.

Article 7 (Modification and Discontinuation of Provision of the Site)

The Site may change the various conditions, operational rules or the provision of the Site without prior notice to the Users, and the Users shall agree to this. This change includes, but is not limited to, the price revision and partial improvement or elimination of the provision of the Site. We may discontinue the provision of the Site, after giving a notification to the Users at least three (3) months in advance. This notification of change or discontinuation is offered on the Site and through the other methods the Site can provide.

Article 8 (Temporary Suspension of the Service)

The Site may temporarily suspend the service provided by the Site without prior notice when it falls under any of the following items:

  1. When periodic or urgent maintenance is performed on the system of the Site.
  2. When the system operation is technically interrupted or endangered by earthquake, fire, or any natural calamities, riot, labor dispute, unrest, act of public enemies, any law, order, regulation, power problem, etc.
  3. When the Site has reasonable grounds to unavoidably suspend the service of the Site.

Article 9 (Guarantee and Suspension of the Provision of the Site)

The provision of the Site is what the Site can offer at the time. The Site does not guarantee the completeness, accuracy, applicability, usability, etc of the information that the Site offers, and descriptions, applications, etc. registered by the Users under any circumstances.

The Site shall take no responsibilities in and shall not be liable for any damage to the Users or to the third party as a result of any delay or failure in performance of the Site, under any circumstances.

Article 10 (Claim for Damage)

The Site shall take no responsibilities in and shall not be liable for any loss or damage of any kind the Users suffer as a result of using or accessing the Site. If the Users inflict any damage on the third party by the usage of the Site, the Users must resolve the case on their own responsibility and at their own expense, and shall not inflict damage on the Site. If Users inflict damage on the Site by the act which violates the Agreement or by the incorrect or illegal act, the Site shall file a claim to the relevant Users regarding the damage upon consultation with the relevant Users.

Article 11 (Personal Use of the Site)

Except upon approval of the Site (if any third party has the rights to the relevant information, this includes the acquisition of the approval of the relevant third party through the Site; hereinafter the same in this Article) is granted, the Users shall not copy, reproduce, publish, upload, post, transmit or distribute any information the Users acquired through the Site in any manner; you may use the information for the strictly personal use only as the Users of the Site. Except upon approval of the Site, the Users shall not copy, reproduce, publish, upload, post, transmit or distribute any information the Users acquired through the Site in any manner through a third party.

Article 12 (Use of the Site in Japanese)

The Japanese sections of the Site are intended only for the Users who speak Japanese fluently. To use these sites, you shall be required to have a good understanding of any of the information in Japanese. The customer service in English is not intended for use of the Japanese sites. The Site reserves the right to deny refunds if any problem occurs with your purchase on the Japanese sites as a result of misunderstanding or not fully understanding any instructions in the purchased product(s) or information on Japanese sites. We do not guarantee the operation of the products available on the Japanese sites in your environment, or that the operation of the products does not interrupt and is error free.

Article 13 (Scope of Service of the Site and Set of Purchase Limit)

The Site may set or change the limitation to the scope of the service of the Site to the Users on its own judgment. Similarly, the Site can set or change the limitation to the purchase limit of the Site to the Users.

The Site consists of contents offered by a group of creators ("Circle"). If a Circle cancels their account at the Site and no longer offers their products at the Site, the Users may not be able to purchase or download (including redownload) said products.

Article 14 (Charge by the Site)

The charge by the Site shall be displayed in the checkout page for each product. The calculation and the payment method shall be displayed in the checkout page as well. If the payment method is defined separately for a certain product, the Users may follow the condition. The Users may be granted points by the Site; one (1) point is equal to one (1) Japanese Yen, and the Users may deduct the usable points in the checkout page from the total amount of the charge. The Users shall bear the consumption tax and other taxes as applicable related to the purchase.

Article 15 (Points)

Each one (1) point granted by the Site is equal to one (1) Japanese Yen, and the Users may deduct the usable points in the checkout page from the total amount of the charge. The Users shall bear the consumption tax and other taxes as applicable related to the purchase.

Article 16 (Type of Points)

There are two (2) types of points: points that may be granted through one of the following procedures (normal points), and the points that may be granted through the direct purchase of the points (purchased points).

  1. Points that are granted by rating a purchased product.
  2. Points that are granted by writing a review for a product.
  3. Points that are granted as incentives through the affiliate program.
  4. Points that are granted through a promotion, etc.
  5. Other points that the Site grants as necessary.

Article 17 (Expiration of Normal Points)

Normal points shall expire when the Users cancel their membership (including the cancellation by disqualification) or when all of the following conditions are met.

  1. When more than 12 months have elapsed from the last date you have purchased a product.
  2. When more than 12 months have elapsed from the last date you have either earned or used your points.

Article 18 (Expiration of Purchased Points)

Purchased points shall expire when the membership is canceled by disqualification, and when the Users cancel their membership.

Article 19 (Payment of Charge)

The payment for the Site is by the one method that the Site approves for each user. The Users shall choose one of the payment options that the Site provides. If a financial institution, etc has the regulations such as conditions of use and payment or limit of chargeable amount separately, the Users agree to comply with the relevant regulations. In the case of the conflict between the Users and the financial institution, etc, the case shall be resolved by the both parties concerned, and the Site shall assume no responsibility.

Article 20 (Membership Cancellation)

The Site reserves the right to dismiss, temporarily suspend, or terminate Users' account and rights to use the service at any time without prior notice if the Users fall under any of the following items. In any of the following cases, the Site reserves the right to deny refunds for purchased products for any reason.

  1. When you provide false information upon member registration;
  2. When you alter the information improperly;
  3. When you use the ID or password incorrectly;
  4. When you interfere with the operation of the Site;
  5. When you fall behind or refuse to pay for your purchase(s);
  6. When you cause loss, damage, or significant mental distress to other Users;
  7. When you apply for but never activate the ID and password and more than 6 months have elapsed;
  8. When you apply to use the Site more than once (if this is the case, the Site terminates the duplicate account(s) to approve only one account per User);
  9. When you breach one of the articles in the Agreement; or
  10. When the Site judges the Users unsuitable as a member.

Article 21 (Membership Termination)

If the Users wish to terminate the membership, they shall report the termination to the Site one (1) month prior to the date they wish to terminate the membership in a designated form and pay all of the debt they owe to the Site immediately. The Site reserves the right to deny refunds for the charges that are already paid. The Site also reserves the right to deny refunds for all charges such as the right of the use of the Site under any circumstances.

Article 22 (Jurisdictional Issues)

The Site (except linked websites) is administrated and provided by EISYS, Inc. from its office in Japan. By accessing this website, both the Users and the Site agree that the laws and regulations in force in Japan, without regard to its conflicts of law principles, will apply to all matters relating to the use of the Site. By accessing this website, both the Users and the Site further agree that all litigation out of or, in connection with the above-mentioned every term of use or material, shall be brought solely to the court which has jurisdiction over the seat of EISYS, Inc. The Site makes no representation that materials on this website are legitimate or appropriate for use in other countries or areas. Furthermore, the Site makes no representation that accessing the Site is legitimate or appropriate in other countries or areas. Those who choose to access the Site from other countries or areas shall act on their own initiative and are responsible for compliance with applicable local laws.

(Last Revised on September 1, 2014)