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Terms of Use

Welcome to Geeks website.

We, Maruso Industry Co., Ltd (hereinafter referred to as “we” or the “Company”) have strong wish and dream for all the people to play on Geeks website as an open space on internet to provide with cheerful experience (WakuWaku feeling) of ‘Make= making product’’ for all of the people who have are interested in any creation. 
For you to enjoy with safety and reliability, we establish minimum rules, which are explained as follows. We would appreciate it very much if you would kindly read and follow these rules and work together exiting (WakuWaku) Make world.

We stipulate byelaws regarding registration of member and terms of use (hereinafter referred to as the “Terms of Use”) of the service (hereinafter referred to as the “Service(s)”) provided by “Geeks”(http://geeks-keyofmake. com) which we operates. In order to use this Service, it is necessary to agree to all of the Terms of Use, and when a member has used this Service, it shall be deemed that the member has consented to the Terms of Use.


<Chapter 1> ABOUT THE SERVICES:

(Provision 1) Purpose and Contents of this Service

This Service is to provide matching and communication field in which members who invent and post their idea related with ‘’Make= making product’’ (hereinafter referred to as the ‘’Inventor(s)’’) communicate with unspecified number of members (including website audience, designer and/or manufacturer) who support, comment and/or give their opinion in order to materialize the idea of Inventors. 
The purpose of this Service is to materialize the idea of inventors to the stage where they wish. Inventors are able to stop receiving support and/or comment to their ideas (hereinafter referred to as ‘’Close(d)’’) from members. 

(Provision 2) Coverage of this Service

This Service includes media such as blogs, Twitter, Facebook, newsletter, and so forth operated by this Service and/or us.


<Chapter 2> USE OF REGISTRATION OF MEMBER AND THIS SERVICE:

(Provision 3) Qualification of Member

1.    "Member" means a person who upon acceptance of the Terms of Use applies and is approved by us to use the Service by the method set forth by the Company.
2.    The members as the Inventors may propose the idea on this service based on this Terms of Use and assemble supporters. In case they post their idea on this website, they shall be regarded that they agree with this Terms of Use.
3.    The members as the supporters may support and/or comment to the ideas posted by the Inventors on this Service based on this Terms of Use. They are regarded that they agree with this Term of Use in case they provide with any support including any comment and/or correspondence through this Service. 
4.    Posting of the idea shall be allowed only for the legal adults who owns physical address in Japan or the United States of America, telephone number, bank account under their own name and public ID (driver’s license, passport and or health insurance ID card) or student ID. 
5.    The member may NOT allow any third party to use, nor assign or offer as collateral or otherwise dispose of the membership. 

(Provision 4) Registration for Member

1.    Any person who wishes to be the member (hereinafter referred to as the “Member Applicant”) shall personally apply for registration by themselves on line according to the rule and conduct designated by us. However, if members are not legal adult, they shall be required to get consent of their person with parental authority. If it is found that there is no consent of the person with parental authority, the member shall lose the qualification of member back to the time of registration. 
In addition, the person who is regarded as related with any antisocial forces including gang group is prohibited to register as any status of this service. If such fact is found, the member shall lose the qualification of member back to the time of registration.
2.    The procedure for registration will be completed after our approval to
above-mentioned application for registration. However, we may refuse the registration by our own judgment in case the member lost the qualification in the past or we find any untruth fact in the application.

(Provision 5) Governance of Member ID and Password

1.    The member shall be responsible to keep tabs on member’s ID and password issued by us to the member.
2.    The member may NOT be allowed to let the third person use, nor assign or offer as collateral or otherwise dispose of the membership ID and password. 
3.    The member shall be responsible for any prejudice caused by the lack of control, misuse or the third party use. We shall NOT take any responsibility and risk.
4.    In case the member recognizes that the member ID and password become disclosed to the third party or have doubt that are wrongly used by the third party, they shall immediately report that to us and follow our instruction if any. In this case, we may terminate the member ID and password as an injustice account.
5.    The registered member has obligation to change their password regularly. And, we shall NOT take any responsibility for any risk and prejudice caused of the lack of such member’s obligation.

(Provision 6) Mail Magazine etc.

The member is supposed to agree that we provide them with e-mail notice regarding guidance about this Service, maintenance of system and what we judge as important.

(Provision 7) Change of Provided Information

1.    The member shall submit by the designated form any change in registered information.
2.    Any notice from us to the members shall be deemed to have reached to the member at the time when we send our notice to registered the member’s contact information.

(Provision 8) Cancellation of Membership

1.     The member may cancel by the procedures prescribed by us.
2.    In the case of the death of the member or other reason that it is no longer possible to
use the membership by the individual, we shall deem that member to have
unsubscribed, and shall render the member ID and password invalid in the time when the reason has arisen.
3.    Personal information of member will be kept in the record within 180 days after the member withdraw. 

(Provision 9) Termination of Member’s Qualification and Expulsion 

We may temporarily suspend or terminate the member’s qualification and/or execute expulsion without any prior notice of demand for the following reasons:
1.    In case the member uses member’s ID or password and uses this Service in the wrong way, 
2.    In case the member faces attachment, sequestration, compulsory execution, bankruptcy, civil rehabilitation, corporate reorganization and special liquidation, Or in case the members by themselves allege bankruptcy, civil rehabilitation, corporate reorganization and special liquidation,
3.    In case the member make mistyping of the password more times than we set,
4.    In case the member does not use this Service during more period than we set, 
5.    In case we judge that the member violates any of above-mentioned rules and conducts, or we doubt so.
6.    In case we judge that the member is improper for our Service

(Provision 10) Change and Abolishment of this Service

We may change or abolish the part or all of the contents of this Service without any prior notice. We shall NOT be responsible at all for any damage or disadvantage caused on the members due to the change and abolishment of this Service except in case we have intention or gloss negligence. 

(Provision 11) Discontinuation of this Service

We may discontinue a part or all of this Service due to following reason. We shall NOT be responsible at all for any damage or disadvantage caused to the member as a result of such suspensions when:
1.    In case we execute maintenance or clearance on the equipment or facility for this Service, 
2.    In case we have difficulty to provide this Service because of fire, blackout, earthquake, act of nature or system trouble,
3.    In case we judge the situation compelling, 

(Provision 12) Prohibited Matters

1.    The members are prohibited in using this Service to do any of following action or to do doubtful action.
(1)    Any act which is illegal and related to illegal act or against public order and morality.
(2)    Any actionable fraud or intimidation to us, other audience and any third party.
(3)    Any act to infringe or invade the intellectual property right, right of publicity, privacy right, privilege, trust/faith and any other right of us, any audience and any third party.
(4)    To send any information to audiences through this Service which corresponds to following items or which we judge corresponds.
i.    Any information/data which includes computer virus and/or any other baleful computer programs. 
ii.    Any information/data which requires diffusion of information to the third party such as chain-mail.
iii.    Any information which includes expression to prejudice distinction or credence of us, audience of this service and/or any other third party
iv.    Any information which includes too much violent, cruel and salacious
expression.
v.    Information/expression which cultivates discrimination.
vi.    Information/expression which cultivates suicide or fictitious injury.
vii.    Information/expression regarding dangerous object including weapons such as guns and/or bombs. 
viii.    Information/expression which cultivates improper usage of drug.
ix.    Information which includes antisocial expression.
x.    Information which includes expression which gives people discomfort
feeling.
(5)    Any act which provides the network or system of this Service with too heavy load.
(6)    Any act which is regarded as risk to make an interception to our operation of our Service.
(7)    Any act to access or try to access illegally to our network.
(8)    Any act to spoof as third person.
(9)    Any act which includes advertisement, commercial message, soliciting, or business action without prior permission given by us.
(10)    Any act to collect any information about audience of this website.
(11)    Any act to exert detriment, damage, or discomfort to us and website      audience.
(12)    Any act to provide any antisocial forces with any advantage or benefit.
(13)    Act to have more than one member account and/or to share one account by more than one member except in case we permit.
(14)    Any act to override abusively and/or delete any information on this Service and stored in our system and equipment. 
(15)    Any act which we judge as improper.
2.    We may make a legal claim for any damage (including reasonable legal fees) caused by any violation of this Terms of Use done by the member against the member.

(Provision 13) Limitation of our Liabilities

1.    We shall make NO warranty that the Service does not incur damage from harmful programs such as computer viruses when the member uses the Service.
2.    We shall also make NO warranty that any equipment or software in use operates when the member uses the Service.
3.    We shall NOT have any liability for any cost of correspondence fee charged to members through using this Service.
4.    Except in the case of any intentional act or gross negligence by us, we shall NOT compensate the member for any damage arising from loss of profit, consequential damage, special damage, incidental damage, attorney's fees, or any other damage not stipulated in this Article. 
5.  We shall NOT have any responsibility and answerability even for the case the idea of inventors is not materialized as the inventors wish.

<Chapter 3> CONDITIONS OF USE OF THIS SERVICE

(Provision 14) Posting of the Idea and Supports

1.    Inventors are able to post their idea on the website provided by the Service to show their idea to members who browse the website.
2.    Inventors shall understand that their idea will be posted based on our approval and shall provide consent that it will not be posted on and/or will be deleted in case we do not approve.
3.    It is recommendable for inventors to promote their idea and share its progress with supporter as member of the Service in order to materialize the idea up to the stage/shape which they themselves wish.
4.    Inventors shall response properly and arbitrarily to the comments and/or suggestion provided by supporter as member of the Service.
5.    Inventors shall Close their idea on the website after it gets materialized up to the stage/shape which they themselves wish.
6.    We may Close the posted idea without inventor’s permission in case we judge that necessary and/or appropriate, while inventor shall understand that the posting of their idea might be deleted and/or terminated by us.
7.    Inventors shall post their idea on the website duly based on full understanding that the Service is not operated only for their idea to be materialized to be commercial products and/or services. 
8.    The posted idea shall NOT be deleted from the website by any third party except the case we judge to do so.
9.    We shall NOT take any responsibility for relationship including trouble among each member I.E. inventors, supporters and the website audience. 
10.    Even after the posted idea is Closed, we shall have right to keep showing the related contents including the idea itself and related communication such as comments and/or exchange of the opinions.
11.    In case the idea itself and/or any support and comment are judged by us as inadequate, we may reject the posting and/or delete them from the website.

(Provision 15) Method of Posting Idea

Inventors who would like to post their ideas to solicit for any supports including comments and/or opinions shall proceed posting duly in accordance with the method designated by us. Please kindly refer to the following link which is for the inventors who would like to post their ideas on the Service.

(Provision 16) Prohibited Matters in Posting of Projects

1.    The Player shall be prohibited to post the project with which they have nothing to do and/or for which they don’t have official permission from the right holders.
2.    In case members are able to know any information of any other members I.E. inventors, supporters and/or audience as status such as physical address, and/or e-mail address and/or the past archival record regarding supports, they shall be prohibited to reprint and/or disclose above-mentioned information and/or record at internet or any other media without permission of the identical person except their user names officially registered on the Service.
3.    The any kind of expression and activity on the Service including the idea, support, comment and opinion which includes and/or related with following contents and/or intent shall be strictly prohibited to be posted. 
(1)    Anything which violates the laws and regulations and/or which undertakes, arranges and/or draws in any illegal activities including anything which we judge as danger of causing such activities. 
(2)    Literary work without copyright and/or licensing, what violates patent property, design right and/or trademark right and/or anything without valid right of use. 
(3)    Firearm/weapon, cigarette, drug medicine/medical supply, animate beings such as animals and insects and/or anything which does not comply with the license or qualification required by the law and regulations for the sales and any illegal products.
(4)    The products such as gunpowder or firework with high risk of danger, the products which have possibility to be used for crime (air gun, stun gun, lachrymatory gas spray etc.), edged tool prohibited by law to carry, expensive goods which call for luck or amulet, financial commodity (stock or dividend etc.) and goods with high liquidity such as common gift certificate or coupon. 
(5)    Any information including any expression or graphical contents which is showing or related with dispatch, reversibly disrupt, corpse and carcass. Any information showing or related with obscenity, child pornography and child abuse and/or any information which we judge as atrocious activities. 
(6)    Any information which is for the purpose of commercial message, advertisement or soliciting (except what we officially permit). The information which includes the link to affiliate service. The information which solicits endless money chain business, chain mail, MLM and/or lead mail. Any information (including activity to attach the link on the website of the Service) which leads to website which we judge inadequate such as ones which are operated for the purpose of sowing harmful computer program such as computer virus. 
(7)    Posting spam, spam word, spam URL and any contents which include what we judge as spam.
(8)    The contents or activities sets forth Provision 12.1. 
(9)    Any others which we judge as irrelevance. 

(Provision 17) Our Right related with the Service

The ownership and rights of any contents provided by us such as the logo, trademark, text, photo, movie, designs and so on shall belong to us. 

(Provision 18) Intellectual Property Rights

1.    Any intellectual property rights such as copyrights, patent rights and/or design rights (including rights for the registration and the accession) of the posted contents including idea itself, drawing, text, design, CG, 3D data, photograph, sound and/or footage (hereinafter referred to as the “Posted Contents”) shall belong to each person who creates each posted contents except in special agreement. The members shall be responsible to the objective materials in connection with their own rights of the Contents in order to avoid any trouble cause by ownership of the intellectual property rights.
2.    All members on the Service shall be considered that they grant us without compensation and limitation of term and area the right to utilize the Posted Contents for the purpose of operating the Service and/or promotions (including the right to alter the Contents such as abbreviation to the extent necessary and pertinent and the right to delegate the third party with whom we have the official business alliance). 
3.    Inventors shall stipulate their posted ideas do not include anything which infringes any third person’s rights including copyright, patent, design right or trademark right.  
4.    The registered members may reprint on internet URL of the idea page of the Service, the title of the ideas, the text and graphics on the idea posting sheet unless such action violates distinction and any other right and profit of the inventors and/or anybody. 
However, the reprinting those to paper media is subject to prior approval by us and the inventors.
5.    The members shall be considered that they join the Service duly with full understanding on the risk to lose the novelty required by the law for the patent and design right at the same time when the idea is disclosed in public on the Service. We shall NOT take any responsibility to any loss and detriment caused on the members due to the loss of the novelty regarding the project. 

(Provision 19) Regarding Operation of Service

1.    We shall NOT take any responsibility for any damage and/or loss of the members caused by any trouble including convergence of internet access. 
2.    Members are supposed to use this service duly based on understanding that 
the criterion time of this Service is the one controlled by our saver and system, which might be irreconcilable with the real local time of members and/or the indicated time on this Service. 
3.    We shall NOT have any responsibility and answerability even for the case the idea of inventors is not materialized as the inventors wish.

(Provision 20) Product Liability (PL)

The inventor, supporter and/or any other members shall cover product liability insurance on their own responsibility to products in case they manufacture the product based on the idea posted and/or proceeded through the Service, while we shall NOT take any product liability with respect to the manufactured products resulting from the Service. 

(Provision 21) Others

1.    The Service is purely to provide members with the communication field for the inventors, supporters and any other members. In any meaning, we are not supposed to be the party involved in the contractual relationship among each member. And, any troubles caused among the members shall be resolved fully under their own responsibility and costs, while we shall NOT take any responsibility about these troubles. In addition, all of members are supposed to understand that the Service is not to promote or induce donation or trade. 
2.    The Service may NOT be used as a means of giving illegal profits to a person prohibited or restricted from accepting money or other profit from specific or unspecified individuals in accordance with laws and regulations, etc., or allowing such person to accept illegal profits. The member shall be responsible for complying with the applicable laws and regulations, and the Company shall assume NO obligation or responsibility with respect to such compliance.

<Chapter 4> GENERAL CLAUSE

(Provision 22) Handling of Personal Information

1.    We shall treat properly and fairly the personal information which we collect regarding any members duly in accordance with the Privacy Policy which we stipulate separately. Members shall agree that we handle the personal information in accordance with this Privacy Policy.
2.    We may use and disclose the information and data which members provide us as statistical information which can’t identify individuals, while members are not supposed not to refute that.

(Provision 23) Contact・Notice

   Inquiry regarding the Service and/or contact or notice from members to us and the notice of amendment of this Terms of Use and/or other communication or notice from us to members shall be done duly by the method which we appoint.

(Provision 24) Governing Law and Jurisdiction

1.    Where the Company has provided Users with a translation of the Japanese language version of the Terms and Conditions (hereinafter referred to as "Japanese Version"), the Japanese Version will govern the relationship between Users and the Company. In the event of a contradiction between the Japanese Version and a translation, the provisions in the Japanese Version shall take precedence over any other translation.  The governing law of this Terms of Use is the laws and regulations of Japan.
2.    In case the dispute regarding this Terms of Use arises, the exclusive agreed jurisdictional court for the first instance shall be the Kokura branch office of the Fukuoka District Court or the Kokura Summary Court depending on the amount of claimed compensation and/or the contents of court case.

(Provision 25) Amendment of Terms of Use

   We may amend this Terms of Use without prior notice or acknowledgement of members. The members who use the Service after the said amendment of Terms of Use are considered to have agreed the amendment.

(Provision 26) Partial Invalidity

1.    Even if parts or all of provisions of this Terms of Use are judged as invalid or unable to implement based on the laws and regulations, such provisions shall be understood in accordance with our original intention as much as possible. And it shall be understood that other parts of such provision except invalid parts and all the other provisions are valid.
2.    Even if parts of provisions of this Terms of Use are judged as invalid or dissolved in connection with a certain member, this Terms of Use are valid for all the other members.

(Provision 27) Inquiry

We would like to receive any inquiry regarding the Service and any related information in case it is found that any problem regarding invasion of privacy and/or defamation are caused and/or that anybody is acting against compliance of members for using this Service. For those inquiry and information, please contact us at following email address.
Address: info@geeks-keyofmake.com

(Provision 28) Declaration of ‘Waku Waku’!?

Members who have agreed this Terms of Use are supposed to declare to promise to do manufacturing products with ‘Waku Waku’ emotion. 
Let’s make the world cheerful!

 

Prescribed on 28th of May, 2014
Maruso Industry Co., Ltd