AdLantis「アドランティス」

AdLantis Terms and Conditions

The AdLantis Terms of Service describes the conditions agreed to by the User for using the ad marketplace (online transaction market for selling internet advertisement spots) and web advertising distribution system which AtLantis Co., Ltd. (hereinafter, "AtLantis") provides and operates (hereinafter, collectively referred to as "Services").
Usage of these Services constitutes understanding of and consent by the User to all of the provisions in these Terms.

1. Definitions

The terminology used in these Terms is defined below.

AtLantis: AtLantis Co., Ltd.
AdLantis: the ad marketplace and web advertising distribution system which AtLantis provides and operates
Advertiser: an entity that places a web advertisement using AdLantis
Media Owner: an entity that provides web Advertising Space using AdLantis
Advertising Space: the area for which web advertising can be distributed on media sites
User: an entity that uses AdLantis

2. Procedure for starting usage (registration application by the User)

2.1 To start using these Services, after filling in the basic information (company information, etc.) in an online form designated by AtLantis, apply to AtLantis for User registration. If application for registration is conducted by the User, a Usage Agreement with the conditions stipulated in these Terms is deemed to be executed between the User and AtLantis once the corresponding registration application information reaches AtLantis.
2.2 If the applicant falls under any of the following conditions, AtLantis may refuse the corresponding application for registration. In that case, AtLantis bears no obligation whatsoever to explain the grounds for refusal or to compensate for damages.
(1) If the applicant does not exist
(2) If an entity who is already using these Services submits another application for User registration during the usage period
(3) If, due to a past breach of these Terms, the applicant's Usage Agreement was nullified or the applicant's User qualification was suspended or terminated
(4) If a falsehood, error, or omission exists in the information which the applicant notified to AtLantis during the application for registration
(5) If a usage suspension order is issued by a credit card company, payment service company, or financial institution regarding the credit card or bank account designated by the applicant
(6) If the applicant has neglected to pay fees owed to AtLantis in the past
(7) If the applicant possesses limited capacity (minors, adult wards, persons under curatorship, or persons subject to a limited guardianship who received a ruling of paragraph 1 of Article 16 of the Civil Code) and did not obtain the consent of legal representation, curator, or limited guardian to apply
(8) If AtLantis predicts that the applicant will breach these Terms
(9) If AtLantis has any other reason to deem the applicant as unfit to become a User

3. Changes and deletion of User registration

3.1 If there is any change in User registration information, the User shall update the information through an online form designated by AtLantis. If the User is unable to update the information through the online form designated by AtLantis, the User shall notify AtLantis of the changes. If the User does not appropriately update the registration information changes or notify AtLantis of the changes, AtLantas may nullify or cancel the corresponding Usage Agreement and terminate User qualification. In that case, AtLantis bears no obligation whatsoever to explain the grounds for nullification or cancellation, to compensate for damages, or to return fees.

3.2 The User may terminate Usage Agreements with AtLantis by notifying AtLantis. However, AtLantis will only complete termination procedures after confirming through e-mail or some other means that the entity requesting termination is the corresponding User and that the request is authentic.

3.3 In the event of a User Agreement cancellation as stipulated in the previous paragraph, if AtLantis owes money to the User, the right of the User to collect that money will become null upon termination. If an Advertiser requests cancellation, AtLantis shall return the Advertiser's money minus a clerical processing fee designated by AtLantis.

4. Nullification or cancellation of the Usage Agreement

4.1 If AtLantis deems that the User falls under any one of the following circumstances, AtLantis may nullify or cancel the agreement with the User. In that case, AtLantis bears no obligation whatsoever to explain the grounds for nullification or cancellation or to compensate for damages.

(1) If a draft or check from the User is not honored
(2) If a motion is filed for seizure, provisional seizure, provisional injunction, or auction
(3) If a motion is filed for bankruptcy, commencement of corporate reorganization procedures, or composition, or if the User begins liquidation
(4) If the User attempts to dissolve or transfer the entirety or an important portion of operations to a third party
(5) If the User breaches any of the provisions of these Terms
(6) If AtLantis deems that any other grounds attributable to the User which necessitate nullification or cancellation exist

4.2 In the event of a User Agreement cancellation or nullification, if AtLantis owes money to the User, the right of the User to collect that money will become null upon termination.

5. Types of companies not qualified for registration

AtLantis services are not available in the following cases.

(1) If the business of an applicant violates the public order and morals, or if there is a possibility of such
(2) If the business of an applicant violates the law, or if there is a possibility of such
(3) If there is a possibility that the business of the applicant could damage the corporate image of AtLantis
(4) If AtLantis deems the applicant inappropriate for any other reason

6. Advertisement creative screening

Results of the advertisement creative manuscript screening are dependent solely on the independent judgment of AtLantis. Also, grounds for rejection are, as a matter of course, not disclosed to the Advertiser and the Advertiser is not allowed to protest the rulings by AtLantis based on the independent judgment criteria of AtLantis.

7. Ad-network advertising remuneration

7.1 If a Media Owner displays ad-network advertising by using the ad-network advertising placement system provided by AtLantis through the AdLantis service and earns remuneration for results due to the display, AtLantis shall pay to that Media Owner an advertising display fee stipulated separately by AtLantis.

7.2 The advertisement results and corresponding monetary amount eligible for remuneration payment are as determined solely by the judgment of AtLantis.

3. If, due to the circumstances of AtLantis or the advertisement provider, display of an advertisement through said ad-network advertising becomes impossible, AtLantis may exclude that advertisement from the payable amount.

7.4 Payment from AtLantis to the Media Owner is contingent upon the completion of payment from the advertisement provider to AtLantis.

7.5 AtLantis shall, as a matter of course, pay remunerations earned for each month on the final day of the subsequent month by transferring money to a bank account designated separately by the Media Owner. However, if the Media Owner owes AtLantis money, AtLantis may retain remuneration for results to the Media Owner of an amount not to exceed that owed amount. Also, if a monthly remuneration is lower than a monetary amount stipulated by AtLantis, the payment of remuneration for that month will carry over and be paid cumulatively together with remuneration for a month, after that month, that exceeds the amount stipulated by AtLantis.

7.6 If AtLantis is unable to pay remuneration due to the fault of the Media Owner, Atlantis will not pay remuneration.

7.7 If the total of all unpaid remuneration accumulated within 1 (one) year from the last day on which remuneration is earned does not exceed an amount stipulated by AtLantis, or if the total unpaid remuneration existing at the point in time when the corresponding Agreement is nullified does not exceed an amount stipulated by AtLantis, the Media Owner will lose the right to claim the unpaid amount.

8. Prohibitions

If AtLantis deems that one of the following acts has occurred in the use of these Services, AtLantis has the right to use any and all means to resolve the situation without issuing any prior notice, including payment termination, User registration termination, and legal action.

(1) Actions that infringe upon the intellectual property rights, privacy, right of publicity, or any other rights of another User, a third party, or AtLantis, or any acts which may lead to such
(2) Acts detrimental or damaging to another User, a third party, or AtLantis, or any acts which may lead to such
(3) Acts deemed as harmful to a minor, promotion of any such acts, or any acts which may lead to such
(4) Acts deemed as violating social morals, promotion of such acts, or any acts which may lead to such
(5) False or misleading labeling in an advertisement
(6) Registering false information
(7) Acts in violation of the law
(8) Persuading or coercing readers through fraudulent or illicit means or methods
(9) Using automatic display tools or services designed to increase access counts (such as traffic exchange, read mail, or auto surf)
(10) Closing or implementing major changes in a media site without advance notice
(11) Extracting or altering HTML code generated from or executed via these Services
(12) Direct interaction between Users without going through these Services
(13) Interference with the operation of these Services
(14) Any other acts which AtLantis has reasonable cause to deem inappropriate

9. Means of communication

9.1 The method of communication between AtLantis and the User must conform to a means of communication which AtLantis deems appropriate, such as e-mail or the different kinds of application forms available on the web site for these Services.

9.2 The User shall comply with the following requirements when communicating with AtLantis. AtLantis is not responsible for any detriment or damage resulting from non compliance with these requirements, whether through negligence or intent. Also, pertaining to notices, etc., AtLantis is not responsible for any damage occurring due to e-mail not arriving.

(1) When contacting AtLantis, the User shall always use the e-mail address which is registered for these Services
(2) When contacting AtLantis, the User party shall use the stipulated method
(3) The User shall not divulge to another User or a third party any data that AtLantis uses in communication, such as e-mail addresses
(4) The User is responsible for content in e-mail that the User sends as an original e-mail or as a reply

10. Intellectual property

10.1 All rights (patent rights, utility model rights, trademark rights, design rights, copy rights, and all other rights) pertaining to data included in these Services, including but not limited to text, images, and programs, are owned by AtLantis. However, the copyright for advertisement manuscripts created by the Advertiser are retained by the Advertiser or the original copyright owner of said advertisement manuscript.

10.2 Regarding intellectual property rights pertaining to creative aspects of advertising provided by the User to AtLantis, including copyrights, trademark rights, and design rights, the User is obligated to obtain permission from the corresponding intellectual rights holder. Furthermore, AtLantis is not involved with the transaction or usage of those rights and bears absolutely no liability regarding them.

10.3 Regarding 10.1 and 10.2, if a dispute arises with a third party, the User shall attempt to resolve the problem at the responsibility and expense of the User.

11. ID and password control

11.1 The ID and password which AtLantis issues to the User for the use of these Services is assigned to the User only, and the User shall not sell or transfer that ID and password to a third party.

11.2 The User shall, with the care of a good manager, carefully manage and store the ID and password which AtLantis assigns to the User. Furthermore, the User is responsible for any damages occurring through the usage of that ID and password.

11.3 In the event that the User is no longer able to use these Services due to any reason, whether the User withdraws membership or an agreement is nullified, the User shall delete the ID and password which AtLantis assigned to the User and not retain them thereinafter.

12. Exemptions

12.1 AtLantis is not liable whatsoever for any damages incurred by the User due to using these Services

12.2 AtLantis is not liable whatsoever for the completeness, reliability, accuracy, or usefulness of the information that the User obtains through these Services or the content of the various services offered through these Services.

12.3 If the User causes damages to a third party through the use of these Services, the User shall compensate the damages at the expense and responsibility of the User. Furthermore, AtLantis is not liable whatsoever for such damages.

12.4 AtLantis is not liable whatsoever for any damages arising from the inability to use these Services due to malfunctions, errors, or obstructions occurring in these Services.

12.5 If data within these Services is corrupted due to any kind of external factor (such as system failure or assault from outside), AtLantis is not liable whatsoever for restoring that data or compensating for damages.

12.6 AtLantis implements management and supervision for the smooth operation of these Services, but is not obligated to do so.

12.7 Excluding damages arising due to a violation of these Terms or the law by AtLantis and damages arising due to the intent or grave negligence of AtLantis, AtLantis is not liable whatsoever for the compensation of any damages arising from usage of these Services regardless of the reason or cause.

12.8 AtLantis does not guarantee results based on the usage of these Services.

12.9 Regardless of the cause, if AtLantis deems that maintaining the operation or management of these Services is difficult and suspends or terminates these Services, AtLantis bears no obligation whatsoever to explain or compensate for damages.

13. Nondisclosure

13.1 The User shall not publicly divulge or disclose to a third party any confidential information which the User obtains through the usage of these Services without obtaining the written consent of AtLantis. However, this does not apply when disclosure or supply is requested from the government, a court of law, or any other public institution possessing legitimate authority upon the execution of legitimate procedures.

13.2 AtLantis may use content sent by the User for analytical or statistical materials after completely eliminating any information that can identify a specific individual.

14. Handling of private information

AtLantis may acquire private information during User registration and usage of these Services. Refer to the Privacy Policy for AtLantis' method of handling private information.

15. Revisions and alterations

15.1 AtLantis may alter these Terms without obtaining consent from the User to correspond with changes in the content of these Services, the enactment or amendment of laws, or any other circumstances.
15.2 If AtLantis amends or revises these Terms, AtLantis shall immediately announce such publicly through a method selected by AtLantis, such as the web site for these Services.
15.3 Continuing to use these Services as a User after amendment or revision constitutes consent to these Terms after amendment or revision.

16. User status

The User shall not transfer, loan, or supply as collateral to a third person the status, ID, password, payments receivable, and financial obligations of the User based on using these Services.

17. Dispute resolution

If any matters arise that are not stipulated in these Terms or doubts arise in the interpretation of the provisions of these Terms, AtLantis and the User shall discuss such in good faith and work towards a peaceful resolution.

18. Jurisdiction

The Tokyo District Court will be the exclusive jurisdictional court of first instance for disputes between AtLantis and the User.

19. Governing law

These Terms are governed by the law of Japan.

Supplementary provision

These Terms are effective as of June 19, 2008.