LINE-UP STORE Terms of Service

LINE-UP STORE Terms of Service

 

In terms of using POP UP STORE Space (located at Seiwa Minami-Horie River Residence West 1F, 1-5-8, Minami-Horie,  Nishi-ku, Osaka City: hereinafter referred to as the “LINE-UP STORE”) operated and managed by LINE-UP Inc. (hereinafter referred to as the “Operator”), any user thereof, any user with reservation thereof and anyone who wishes to use it (hereinafter collectively referred to as the “User”) shall comply with the following terms (hereinafter referred to as the "Terms"), which shall constitute the terms and conditions of a LINE- UP STORE usage agreement to be concluded by and between the User and the Operator, except as otherwise agreed by the User and the Operator.

 

Article 1 (Compliance with the Terms)

  1. The Operator shall let the User use the LINE-UP STORE in accordance with the Terms, and the User shall use the LINE-UP STORE in compliance with the provisions of the Terms.

  2. Upon establishment of a provisional reservation in the manner set forth herein with the User, the Operator shall deem that the User has accepted all of the provisions of the Terms and the User may not object thereto.

  3. The User shall acknowledge that the LINE-UP STORE is leased on an “as is” basis.

  4. The User shall acknowledge that only the User or those who have been notified in advance to the Operator by the User may use the LINE-UP STORE.

 

Article 2 (Payment of Usage Fees)

  1. The User shall make payment to the Operator of the usage fees separately set forth by the Operator as the consideration for using the LINE-UP STORE.

  2. The User shall pay the full amount of the usage fees within the payment period set forth in an invoice issued by the Operator upon establishment of the User’s provisional reservation.

  3. Payment of usage fees from the User to the Operator shall be made by remittance to a bank account separately designated by the Operator. The User shall be liable for any charges for remittance.

 

Article 3 (Establishment and Cancellation of Reservations)

  1. The User shall make reservations for use of the LINE-UP STORE in compliance with the following procedure set forth by the Operator:

  1. The User shall make an application by submitting a reservation application from the provisional reservation application form on the Operator's LINE-UP STORE reservation site, or by sending a reservation application document which may be downloaded on the same site by post, via facsimile or e-mail after completing necessary information on the document.

  2. A provisional reservation is completed when, after the application set forth in ① above has been made, the Operator informs the User of the establishment of the provisional reservation via telephone or e-mail (including other applications such as LINE and Instagram).

  3. A formal reservation is established when, after the User completes the payment for the full amount of the usage fees to the Operator pursuant to the invoice issued by the Operator via e-mail or other communication means, the Operator confirms such payment (at the same time, a LINE-UP STORE usage agreement including the provisions of the Terms is deemed to be concluded by and between the User and the Operator).

 

  1. If the User fails to pay the usage fees within the payment period, notwithstanding the Operator's request for the usage fees to the User by setting such payment period after completion of the provisional reservation, the Operator deems that the User has cancelled the provisional reservation at the end of the payment period, and the User may not object thereto.

  1. In the event that the User wishes to cancel (including change the date and time of) the reservation after the establishment of the formal reservation set forth in the preceding paragraph, the User shall notify the Operator’s office of the cancellation by e-mail (popupstore@lineup-inc.com) and the cancellation is established upon arrival of this e-mail to the Operator.

  2. If the User cancels the reservation pursuant to the preceding paragraph, the cancellation fee shall be paid to the Operator for the amount in accordance with the following terms and conditions:

    1. if Canceled between the date of formal reservation and 91 days prior to the scheduled commencement date, 25% of the full amount of the usage fees;

    2. if canceled between 90 days and 61 days prior to the scheduled commencement date, 50% of the full amount of the usage fees;

    3. if canceled between 60 days and 31 days prior to the scheduled commencement date, 75% of the full amount of the usage fees; or

    4. if canceled between 30 days prior to the scheduled commencement date and the scheduled commencement date, 100% of the full amount of the usage fees.

  3. If the User cancels the reservation after the reservation set forth in the paragraph 1 has been completed and the User has already paid to the Operator all or part of the usage fees, the Operator shall refund to the User the received usage fees after deducting the cancellation fee set forth in the preceding paragraph by remitting to an account designated by the User. The User shall be liable for any charges for remittance at the time of the refund from the Operator to the User.

 

Article 4 (Terms of Hours of Use)

  1. The LINE-UP STORE may, in principle, be used from 9am to 11pm. Provided, however, that this shall not apply in case when the Operator, upon due consultation between the User and the Operator, stipulates different hours, purposes and manners of use.

  2. Even if the User withdraws before the end of the hours of use of the LINE-UP STORE approved by the Operator pursuant to the Terms and the established formal reservation, the Operator does not discount or refund the usage fees to the User.

  3. The User may not enter the LINE-UP STORE without an Operator’s approval after termination of the use stipulated by the Operator pursuant to the Terms and established formal reservation.

  4. The User may not extend the hour of use and may not start using prior to the commencement time without an Operator’s approval. If the Operator finds that the User uses the LINE-UP STORE without reservation or uses the LINE-UP STORE outside the stipulated hours of use without Operator's approval, the User shall pay to the Operator a penalty charge of 100,000 yen per hour for such unauthorized use by the User (e.g. for hours of use without reservation or extension without the Operator’s approval).

 

Article 5 (Prohibition of Transfer of Rights of Use)

The User may not transfer the right to use the LINE-UP STORE to a third party without an Operator’s permission. In addition, the User shall acknowledge that, with respect to any use of the LINE-UP STORE, the Operator does not grant to the User any inherent rights such as tenancy rights or other independent possession rights or goodwill, and that no such rights will accrue to the User.

 

 

Article 6 (Terms of Commencement)

The User shall, prior to using the LINE-UP STORE, receive one card key and three keys in accordance with an instruction by the Operator. At the time these keys are received, the User shall be deemed to commence using the LINE-UP STORE.

 

Article 7 (User's Duty of Care and Liability during while Using)

  1. The User shall, when using the LINE-UP STORE and its attached facilities, be responsible for handling the LINE-UP STORE, its attached facilities, card keys and keys in accordance with the duty of care of a good manager.

  2. When the User carries equipment or instruments in the building including the LINE-UP STORE, the floors, walls, etc. of the building shall be cured at the cost and expenses of the User.

  3. If the User has caused damage to the Operator or owners of the premises including LINE-UP STORE, their attached facilities and/or goods by causing damage or loss to the premises due to the breach of the Terms or by willful or negligent conduct of the User, the User shall be liable to compensate the entire amount of the damage to the Operator and/or owners of the premises. In such a case, the amount of damages shall be determined by the Operator or, in the event repair work is required, the amount shall be determined by the construction cost being performed by the contractor commissioned by the Operator, and the User shall pay the full amount claimed by the Operator on the payment date stipulated by the Operator. The User shall make no objection thereto and shall also make no claim to the owner of the premises including the LINE-UP STORE and the Operator.

  4. In the event that the LINE-UP STORE becomes unavailable due to any of the events set forth in the preceding paragraph, the User shall be liable to compensate the Operator for the lost profit of the Operator due to the LINE-UP STORE unavailability. In such an event, the amount of compensation for the Operator shall be equal to the amount of the usage fees for the LINE-UP STORE during the unavailable period of the LINE-UP STORE.

  5. Even if the User uses the LINE-UP STORE after 11pm after the Operator’s approval is obtained, the User shall exercise its best effort to not cause complaints from neighbors and reports to the police due to noise or other reasons during such use. In addition, the User shall be liable for any such event, and the Operator shall assume no responsibility whatsoever.

 

Article 8 (User’s Obligation upon Termination)

  1. The User shall terminate the use of the LINE-UP STORE and shall vacate and surrender the LINE-UP STORE to the Operator by the expiration of the term of use.

  2. Upon surrender at the expiration of the term of use, the User shall return to the Operator one card key and three keys of the LINE-UP STORE in accordance with an instruction by the Operator. If the User loses any or both of the card key and keys or has them being destroyed, the User shall compensate the Operator for all costs required to re-produce the card key and/or keys.

  3. In the event of surrender set forth in paragraph 1, the User shall assume the obligation to surrender the Operator after restoring the LINE-UP STORE to the original state prior to the commencement of the User’s use of the LINE-UP STORE.

  4. If, by the expiration of the term of use, the User fails to withdraw from the LINE-UP STORE or the premises including it, fails to remove the luggage or goods carried in by the User, fails to return the card key and keys pursuant to the paragraph 2, or otherwise fails to restore to its original state pursuant to the preceding paragraph, the User may not object to the Operator even if the Operator carries, removes to outside of the premises including the LINE-UP STORE, discards, or disposes of such luggage or goods.


 

  1. If the User fails to surrender by the expiration of the term of use, the amount equivalent to five times of the LINE-UP STORE usage fees per day from the day following the expiration date of the term of use until the day of completion of surrender including days required for restoration to the original state (if the Operator designates otherwise, such amount) shall be charged as delay damages, in addition to the penalty set forth in the paragraph 4 of the Article 4. In addition, the User shall also liable for the actual cost required for removal, discard, disposal, delivery and cleaning (if the Operator pays for such expenses of removal, discard, disposal, delivery and cleaning, the User shall reimburse the full amount of the Operator’s cost and expenses).

 

Article 9 (Prohibited Acts of User and Cessation of Use)

  1. The Operator hereby prohibits the User from taking any of the conducts stipulated in the following items when making reservation to use or actually using the LINE-UP STORE, and the User hereby covenants not to take any of the conducts stipulated in the following items:

  1. Using the LINE-UP STORE for any purpose or in any manner other than the purpose and manner at the time of the User’s application (except for the purpose and manner added or changed after application with the Operator’s approval);

  2. Behaviors, acts, noise, etc. that cause or may cause annoyance to other tenants, users of the premises including the LINE-UP STORE, and business operators and residents in vicinity;

  3. Subleasing to a third party without an approval from the Operator;

  4. Acts deemed inappropriate by the Operator in terms of public morals or safety control;

  5. Carrying in and using or selling hazardous materials, items causing noise or shudder, animals, and equipment in quantities or contents that exceed social norms;

  6. Acts that are in violation of or are likely to be in violation of laws and regulations as well as carrying in and using or selling goods that are prohibited from being sold under laws and regulations; 

  7. Vulgar acts as well as carrying in and using or selling obscene or illegal goods that are contrary to public order and morals;

  8. Carrying in and using or selling things that may infringe any rights or profits of others;

  9. Continuing use after cessation order is issued by an authorized government agency;

  10. Nailing to the floors, walls, ceilings, attached facilities or equipment, renovating, reconstruction, remodeling, affixing adhesive tapes, riveting, or otherwise altering or likely altering the existing state of the LINE-UP STORE without a prior approval of the Operator; 

  11. Negotiating or concluding a contract directly with another user with reservation of the LINE-UP STORE without an approval of the Operator;

  12. Lodging in the LINE-UP STORE (including the act of having a third party lodge);

  13. Eating and drinking within or in the vicinity of the LINE-UP STORE without a prior approval of the Operator;

  14. Using the LINE-UP STORE after receiving complaints from neighbors or reports to the police later than 11pm;

  15. Any act that violates the prohibited matters notified to the User that the Operator determined as inappropriate under normal social conventions or that is indicated with reasonable grounds such as the use may cause adverse effect to the Operator; or

  16. Any other conduct in violation of the Terms.

 

  1. If it is found that the User, an organizer of the User’s event or a participant to the User’s event falls under any one of the items of the preceding paragraph or commits an act that falls under any of the said items, the Operator may, even during the User uses the LINE-UP STORE pursuant to the Terms and reservation, cease the use of the LINE-UP STORE.

  2. Even in the event that the Operator caused the user to cease using the LINE-UP STORE pursuant to the preceding paragraph, the Operator shall not be liable to the User for any damages, while the User shall be liable to compensate for any damages of the Operator or any third party incurred because the User, an organizer of the User’s event or a participant to the User’s event falls under any of the items stipulated in the paragraph 1.

 

Article 10 (Operator's Scope of Liability and Immunity)

  1. The User acknowledges that the Operator’s liability for damages due to its negligence to the User shall be limited to an amount up to the User's paid usage fees.

  2. The Operator shall not be liable to the User for any accident such as any personal injury or theft or damage to any parts or exhibits resulting from the User’s use of the LINE-UP STORE, unless such accident is attributable to the Operator.

  3. The User agrees that the Operator shall not be liable for any damages resulting from any of the following:

  1. damages caused by the User’s reservation errors, cancellations of reservations(including the case pursuant to the item ④ of the paragraph 1 of the Article 3), and rescheduling;

  2. damages due to unauthorized use, property destruction, unauthorized cancellation, theft, accidents, breakdowns, fires, natural disasters, or other problems emerged within the LINE-UP STORE and the premises concerned (including damages caused to customers of the event held by the User or any user notified in advance by the User to the Operator);

  3. any and all damages, such as business compensation, transportation expenses, and personnel expenses, due to unavailability of the LINE-UP STORE on a daily basis or from the middle of the day for a reason not attributable to the Operator;

  4. damages caused by the User’s use of the LINE-UP STORE to any operators of the LINE-UP STORE including the Operator, User’s affiliates, User’s customers, and other third parties, as well as damages to the User itself;

  5. damages due to the theft, loss, or fires of the equipment or instruments brought in by the User;

  6. any and all damages arising from the User’s failure to obtain the requisite permit or damages in the event of food poisoning when the User provides food and drink in the LINE-UP STORE; and

  7. any and all damages incurred in the User’s breach of any of the prohibitions set forth herein.

 

ARTICLE 11 (Terms Concerning Photography in the LINE-UP STORE)

  1. Unless the User shows its intention to decline, the User and the Operator mutually confirm that the Operator may take photos of the User’s usage status of the LINE-UP STORE (such as the state of events held by the User) and then provide photography services that deliver the photograph data to the User.

  2. When the Operator delivers the photograph data set forth in the preceding paragraph to the User, unless otherwise agreed by and between the User and the Operator, no consideration shall be charged to the User other than the LINE-UP STORE usage fees.

  3. The Operator agrees in advance with the User that the User may, at the liability of the User, use the photographs taken by the Operator and delivered to the User pursuant to the paragraph 1. Such use of photograph data by the User is at the sole responsibility of the User, and the Operator shall not be liable for any trouble caused by the use of such photograph data by the User.


 

  1. The User agrees in advance with the Operator that the Operator may, at the liability of the Operator, use the photographs taken by the Operator pursuant to the paragraph 1.

 

Article 12 (Cancellation of Reservations and Termination)

  1. The Operator is entitled to cancel the provisional reservation even after establishment of a provisional reservation, or to terminate the LINE-UP STORE usage agreement even after establishment of the formal reservation, without any notice, in the event of any of the following items:

  1. if the LINE-UP STORE and the premises including the LINE-UP STORE becomes unavailable for a reason not attributable to the Operator;

  2. if the User's bill or check is dishonored or the User becomes insolvent;

  3. if the User is subjected to exercise of public authority by a third party, such as attachment, provisional seizure, provisional disposition, public sale, compulsory execution, or disposition for delinquent tax;

  4. if the user files a petition for bankruptcy, civil rehabilitation, corporate reorganization, or special liquidation, receives such petition, or makes a resolution for dissolution of the User; or

  5. if the User violates the Terms and, after the Operator’s notice, fails to correct such violation within the notified period.

  1. The User is entitled to terminate the LINE-UP STORE usage agreement without any notice even after establishment of the formal reservation, in the event of any of the following items:

  1. if the LINE-UP STORE and the premises including the LINE-UP STORE becomes unavailable for a reason not attributable to the User;

  2. if the Operator files a petition for bankruptcy or receives such petition; or

  3. if the Operator violates the Terms and. after the User’s notice, fails to correct such violation within the notified period.

  1. In the event the other party is liable for the cause of cancellation or termination, the User and the Operator is entitled to claim compensation for damages against the other party, even if the cancellation or termination set forth in the preceding two paragraphs has been effected.

  2. If the cancellation or termination is effected for a reason that neither the User nor the Operator is liable, the Operator is relieved from any liability after making refund to the User the full amount of the usage fees that has been received from the User.

 

Article 13 (Prohibition of Use of Anti-Social Forces)

  1. The Operator does not accept reservations from the User if the User, an organizer of the User’s event or a participant to the User’s event falls under any of the following items:

  1. he/she is a member of an organized crime group, a company or organization affiliated with an organized crime group, a corporate racketeer, a radical action group, other anti-social force or a person similar thereto (hereinafter referred to as "Organized Crime Groups") or an affiliate to Organized Crime Groups;

  2. it is a corporation or other organization whose business activities are governed by Organized Crime Groups or an affiliate of Organized Crime Groups;

  3. his/her officer (meaning a director, executive officer or any other equivalent person), employee or affiliate is a member of the Organized Crime Groups or a related person thereto;

  4. he/she has behaved or conducted seriously inconvenient act against other customers of the LINE-UP STORE in the past; or

  5. there has been violence, intimidation, extortion, coercion or demand beyond a reasonable burden to the Operator, or it is found that similar act has been committed in the past.

 

  1. If the User, an organizer of the User’s event or a participant to the User’s event falls under any of the items in the preceding paragraph, the Operator may immediately terminate the reservation even after the reservation for the User to use the LINE-UP STORE has been established.

  2. If the User, an organizer of the User’s event or a participant to the User’s event falls under any of the items in the previous paragraph, the Operator may cease the User to use the LINE-UP STORE even after the User has started to use the LINE-UP STORE.

  3. The User shall not object to the Operator and the Operator shall not be liable to compensate the User for any of the following cases: refusal to accept reservations pursuant to the paragraph 1, termination of reservations pursuant to the paragraph 2, and cessation of use pursuant to paragraph 3 of this Article. In such cases, the Operator is not liable to refund the usage fees that has been received from the User.

 

Article 14 (Protection of Personal Information)

  1. The Operator shall appropriately protect the personal information provided by the User in order to provide LINE-UP STORE services or make reservations as the prerequisite thereto (hereinafter referred to as "personal information") in the manner stipulated in the following paragraphs.

  2. The Operator shall comply with laws and regulations concerning personal information and shall ensure appropriate handling of personal information.

  3. The Operator shall obtain personal information appropriately without deception or other wrongful means.

  4. The Operator shall use personal information to the extent required to achieve the following purposes of use. If personal information is used for a purpose not stipulated below, such use shall be made with a prior consent of the User:

    1. Responses to requests for quotations and inquiries, and sending materials; and

    2. Providing information of LINE-UP POP UP STORE and other services.

  5. The Operator shall take necessary and appropriate measures to securely manage personal information, such as preventing leakage, loss, or damage of personal information.

  6. If the Operator entrusts the handling of personal information, in whole or in part, to a third party, the Operator shall conduct appropriate investigations of such third party and provide necessary and appropriate supervision of such third party in order to ensure the secured management of the entrusted personal information. The Operator may entrust the handling of personal information when jointly performing consulting and applying privacy mark and ISMS with a third party.

  7. The Operator will not provide personal information to any third party without obtaining prior consent from the User, except as provided for by laws and regulations such as the Act on the Protection of Personal Information.

  8. The Operator will promptly disclose the User’s personal information upon request from the User. Provided, however, that, in the event that it cannot be confirmed if the request of disclosure is based on the true intention of the User, the Operator may not disclose the information.

  9. If there is any error in the content of the personal information held by the Operator and the User requests correction, addition, or deletion, the Operator will, upon investigation, promptly respond to the request. Provided, however, that, in the event that it cannot be confirmed if the request is based on the true intention of the User, the Operator may not respond the request.

  10. When the User requests or makes inquiries to the Operator regarding the Operator’s handling of the personal information, the User shall contact the address below by e-mail.


 

[Contact] LINE-UP Inc. / E-mail: popupstore@lineup-inc.com

  1. The Operator designates its representative as the administrator of personal information and shall appropriately manage the personal information and continuously improve it.

  2. The content of the protection of personal information by the Operator is subject to change. The content after the change shall become effective when posted on the Operator’s website, except as otherwise stipulated by the Operator.

LINE-UP.INC

■会社名

LINE-UP株式会社

■ LINE-UP STORE

〒550-0015

大阪府大阪市西区南堀江1-5-8 セイワ南堀江リバーレジデンス WEST 1F

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