The User may use the Service only if the User has reached the age of majority or legal age in the User’s jurisdiction and place of residence (generally 18 or older) and can form legally binding contracts under applicable law. If the User is under 18 or the legal age of majority in the User’s jurisdiction and place of residence, The User’s parent, or guardian must agree to these Terms on the User’s behalf.
Article 1 (Applicable Scope)
- These Terms set forth the relationship between the Company and User regarding the conditions for the provision and the use of the Service and shall apply to any and all relationships between the User and the Company pertaining to the use of the Service (regardless of the type of terminals such as PC and the type of system such as the website being used).
- If the Company publishes separate provisions or additional provisions (collectively, “Additional Provisions”) for the Service on a screen in the Service or Company’s Website (defined in the next Article) or the Company sends Additional Provisions to Users by email, etc., such Additional Provisions shall constitute a part of these Terms. If such Additional Provisions conflict with these Terms, such Additional Provisions shall prevail.
Article 2 (Definition)
- The following terms used herein shall have the meanings set forth below
- (1) “Company’s Website” means the website (https://www.mangaplaza.com) used to provide the Service operated by the Company.
- (2) “Applicant” means a person who wishes to use the Service.
- (3) “User(s)” means a company or companies, or, an individual or individuals that has/have registered for the Service pursuant to Article 4.
- (4) “Contents” means the digitized books being provided by the Company or any information to which the User may access in the Service or on the Company’s Website (including but not limited to written works, images, movies, and other data).
- (5) “Intellectual Property Rights” means all and any patent rights, utility model rights, trademark rights, design rights, copyrights, and other intellectual property rights (including the right to apply for obtaining those rights and to register, renew or extend those rights) under any countries, states, regions, and jurisdictions.
- (6) “Anti-Social Forces” means organized crime groups, related companies of organized crime groups, corporate racketeers, groups engaging in criminal activities under the pretext of conducting social campaigns or political activities, crime groups specialized in intellectual crimes, and other organizations conducting antisocial activities and its members.
- (7) “Laws and Regulations” means general terms of laws, cabinet orders, notices, rules, orders, directives, guidelines, and other rules of any state, territory or country including, but not limited to, Japan and the United States.
Article 3 (Amendment)
- If the Company deems necessary to do so, the Company may amend these Terms in the following manner:
- (1) Amendment of these Terms conforms to the general interest of the User.
- (2) Amendment of these Terms does not run afoul of the purpose of these Terms and is reasonable in light of circumstances concerning amendment such as the necessity of amendment and the appropriateness of the details of the amended conditions.
- In the case set forth in the preceding paragraph, the Company shall give the User notice of the fact that the Company will amend these Terms, its amended contents, and the effective date of the amendment on the Company’s Website, through the Service or by electromagnetic records such as email, no later than two weeks prior to the date when such amendments become effective.
- In addition to what is specified in the preceding two paragraphs, the Company may amend these Terms with the consent of Users in a manner specified by the Company.
Article 4 (Registration)
- An Applicant may apply for registration on the condition that the Applicant agrees to comply with these Terms and provide the Company with the information requested by the Company (“Registered Information”) in a manner specified by the Company.
- If the Applicant falls under any of the following items detailed hereunder, the Applicant may not apply for the registration. The Applicant shall immediately notify the Company if the Applicant falls under these items. If the Company determines that the Applicant falls or is likely to fall under any of the following, the Company may deny the registration without giving prior notice or an ex post facto report to the Applicant. The Company will not disclose the reasons for the rejection of the registration.
- (1) the Applicant does not meet the requirements for registration provided in this Article or prescribed by the Company
- (2) any or all of the Registration Information provided by the Applicant to the Company is found to be false, inaccurate, or contains omitted information
- (3) the Applicant is either a minor, an adult ward, a person under guardianship or a person under conservatorship, and has not obtained the consent of legal representatives, a guardian or conservator
- (4) the Applicant is or is likely to be sentenced as guilty in a criminal proceeding
- (5) the Applicant is or was a member of an Anti-Social Force or has interaction or involvement with an Anti-Social Force
- (6) the Applicant has breached the contract with the Company and/or violated other agreements with the Company, has had their registration of the Service or other services of the Company rejected or revoked, or falls under the category of relevant person hereof
- (7) the Applicant engages, or is likely to engage, in conduct that breaches these Terms
- (8) any circumstance wherein the Company determines that the registration by the Applicant is inappropriate
- The Company shall, at its sole discretion, determine the acceptability of registration of the Applicant. If the Company accepts the registration of the Applicant, the Company may notify the Applicant. However, the registration of the Applicant shall be deemed to have been completed when the Company accepts the registration of the Applicant even if the Applicant did not receive a notification for such acceptance. The Company shall grant the Applicant a user ID and a password upon the completion of such registration.
- Upon the completion of the registration by an Applicant pursuant to the preceding items, a service agreement (“Service Agreement”) shall be deemed to have been concluded between the Applicant and the Company, and the Applicant as a User may use the Service in accordance with the method specified by the Company to the extent of the purpose of these Terms provided that the User does not breach these Terms.
Article 5 (Obligations of User)
- The User shall use the Service in accordance with these Terms and the instructions for using the Service or instruction manual of the Service separately prescribed by the Company.
- The User shall warrant the accuracy of the Registered Information and any information provided to the Company during the term of the Service Agreement.
- The User shall promptly notify the Company of any change to the Registered Information in the manner specified by the Company during the term of the Service Agreement without delay.
- The User shall, at their own responsibility, properly maintain and store the user ID and password for the Service and shall not lend, assign, transfer the ownership, sell, or make available their user ID or password to a third party. The User hereby acknowledges and agrees that in the event the Company verifies the combination of user ID and password, the Company will deem that the User who has been registered as the holder of such user ID and password has used the Service.
- The Company shall not be responsible for any damages caused by the User’s insufficient management or misuse of, or the use by a third party of the User’s user ID and/or password, and the Company shall not be in any way liable for any losses or damages resulting from the User’s failure to comply with the foregoing.
- The User shall immediately notify the Company upon discovery that the User’s user ID and/or password for the Service has been stolen or misappropriated by a third party and shall follow the instructions of the Company to resolve the matter.
- The User shall provide the Company with information that is deemed to be necessary by the Company for the Service or the maintenance of the Service at any time upon request by the Company.
Article 6 (Provision of Service)
- To use the Service, the User shall conclude a contract with the Company through a device, operating system, and browser that supports the Service (hereinafter referred to as “Compatible Terminals”) as prescribed by the Company. In addition, the User shall, at their own responsibility and expense, prepare the Compatible Terminals, software, network connection, and other necessary tools for using this Service.
- The User can view the Contents via a streaming method, which mean that the Contents can be viewed via simultaneous playback without having to save the Contents to the Compatible Terminals.
- All Users must be over 18-years old to view or purchase access to view the Contents in the Service.
- This Service is only available in the United States. The Company will not bear any responsibility for any use of this Service outside the United States.
- Users can use the same account to access the Service on up to five devices.
- The Company may post advertisements (including e-mail newsletters) through the Service. Any hyperlinks for third party services appearing in such advertisements are independent of this Service, and the Company bears no responsibility for the use of the services accessible through the hyperlinks that appear on the advertisements.
- To comply with Laws and Regulations, the Company may take certain measures in providing the Contents on the Service. The User may not make any demands or claims against the Company for any such measures.
- The Company may suspend the provision of the Service, including the suspension of the sale of access to view the Contents, without prior notice. The Company may also cease the provision of certain Contents without prior notice, and such Contents shall be made inaccessible from the moment the provision of the Contents ceases. In addition, the Company does not guarantee the continuity of the Contents being offered until the final installment of such Contents.
- Certain Contents may not be available depending on the User’s device. For details, the User may refer to the following FAQ page:
Article 7 (Sample Contents)
The Contents that the Company has designated as a sample may be viewed by a user whether or not they are a registered User under Article 4 of these Terms.
Article 8 (Free Contents)
The User can view all Contents that the Company has designated as free without any charge.
Article 9 (Paid Services)
- The following are the types of paid services that the Company offers through this Service.
- (1) Pay-to-view service: The User can purchase access to view individual Contents that the User wants to view.
- (2) Monthly subscription service: The User has unlimited access to view the Contents within the scope prescribed by the Company by paying a monthly subscription fee stipulated by the Company.
- Both the “pay-to-view service” and “monthly subscription service” may be used together.
Article 10 (Pay-to-View Service)
- The User can purchase access to view individual Contents by paying the purchase price of such individual Contents prescribed by the Company.
- The purchased Contents can be viewed by the User during the User’s registration period unless the Company has ceased providing such purchased Contents in the Service.
- The contract between the User and the Company for the pay-to-view service shall be deemed to be concluded when the User selects the Contents that they wish to purchase access to view, enters their payment information (including but not limited to user ID, password, and credit card number) on the payment screen, and the Company has verified the entered information.
- The Company shall deem that the payment information entered pursuant to the preceding paragraph has been entered by the User.
- The User will not be able to cancel any purchases made through the pay-to-view service after the contract has been concluded as prescribed in Article 10.3 above. Refunds will not be provided for any purchases other than cases when an error attributable to the Company has been found.
Article 11 (Monthly Subscription Service)
- The User can have unlimited access to view Contents within a certain scope during the subscription period by paying a monthly subscription fee that has been predetermined by the Company. The scope of accessing the monthly subscription service shall be determined by the Company. For details of the scope of access, please refer to the following page:
- Users who wish to register for the monthly subscription service shall make an application for a free trial according to the method prescribed by the Company. Registration for the free trial will be completed once the Company accepts the application submitted by the User.
- The period of the free trial should be determined by the Company. The free trial is available for one time only per User. Under this article, the standard time zone shall be based on PST (Pacific Standard Time).
- When the User does not cancel the free trial according to the method determined by the Company by the end of the free trial period as prescribed in the preceding paragraph, the User will be automatically switched to the monthly subscription service.
- On the date that the User’s subscription for the monthly subscription service goes into effect, the User will be charged a one-month subscription fee. For the avoidance of doubt, the same shall be applied for each subsequent charge for the monthly payment of the subscription fee. Even if the User cancels their subscription for the monthly subscription service during a month when their subscription is in effect, a one-month subscription’s fee shall be charged. The amount of the monthly subscription fee will not be reduced on a daily prorated basis.
- EVERY MONTH, THE USER WILL BE AUTOMATICALLY CHARGED THE MONTHLY SUBSCRIPTION FEE AT 12:00 AM ON THE SAME DAY OF EACH FOLLOWING MONTH BASED ON THE DATE WHEN THE MONTHLY SUBSCRIPTION SERVICE IS REGISTERED (“REGISTRATION DATE”). IF THE REGISTRATION DATE FALLS ON A DATE THAT DOES NOT HAVE A CORRESPONDING DATE IN THE FOLLOWING MONTH, THEN THE USER WILL BE AUTOMATICALLY CHARGED THE MONTHLY SUBSCRIPTION FEE AT 12:00 AM ON THE LAST DATE OF THAT FOLLOWING MONTH, AND FOR ALL SUBSEQUENT MONTHS THEREAFTER, THE MONTHLY SUBSCRIPTION FEE WILL BE AUTOMATICALLY CHARGED ON THE SAME DATE AS THAT OF SUCH FOLLOWING MONTH (“NEW DATE”), HOWEVER, IF A SUBSEQUENT MONTH DOES NOT HAVE A DATE CORRESPONDING TO THE NEW DATE, THEN THE LAST DAY OF SUCH MONTH SHALL APPLY.
- THE MONTHLY SUBSCRIPTION SERVICE SHALL BE AUTOMATICALLY RENEWED AT 12:00 AM ON THE SAME DAY OF EACH FOLLOWING MONTH BASED ON THE REGISTRATION DATE UNLESS THE USER CANCELS THEIR SUBSCRIPTION TO THE MONTHLY SUBSCRIPTION SERVICE. THE MONTHLY SUBSCRIPTION SERVICE SHALL CONTINUE UNTIL IT IS CANCELLED BY THE USER. IF THE REGISTRATION DATE FALLS ON A DATE THAT DOES NOT HAVE A CORRESPONDING DATE IN THE FOLLOWING MONTH, THEN THE MONTHLY SUBSCRIPTION SERVICE SHALL BE AUTOMATICALLY RENEWED AT 12:00 AM ON THE LAST DATE OF THAT FOLLOWING MONTH, AND FOR ALL SUBSEQUENT MONTHS THEREAFTER, THE MONTHLY SUBSCRIPTION SERVICE WILL BE AUTOMATICALLY RENEWED ON THE SAME DATE AS THAT OF SUCH FOLLOWING MONTH (“NEW TIME”), HOWEVER, IF A SUBSEQUENT MONTH DOES NOT HAVE A DATE CORRESPONDING TO THE NEW TIME, THEN THE LAST DAY OF SUCH MONTH SHALL APPLY.
- If the User repeatedly cancels and reregisters for the monthly subscription service in the same month, the Company will charge the User the monthly subscription fee for that month for each time the User reregisters for the monthly subscription service.
- Cancellation of the monthly subscription service must be made by the User according to the manner prescribed by the Company.
- The monthly subscription service shall be deemed to be cancelled when the User has made a cancellation application based on the preceding paragraph, and the Company has confirmed the cancellation application. The cancellation application must be sent through the User’s ‘My Account’ page. Once the monthly subscription service is cancelled, the User will not be able to access such service. The Company will not refund the daily prorated monthly subscription fee based on the unused number of days for the month during which the monthly subscription service was cancelled by the User. However, the User may still be able to view Contents that the User purchased through the pay-to-view service.
Article 12 (Payment Method)
- Payment for the paid services offered through this Service may be made via credit cards that the Company has designated, PayPal, or other payment methods that the Company may prescribe, provided however, that the payment holder shall be the User.
- If the Company, for any reason, has determined the User is unable to use the payment method, the Company may cancel the User’s monthly subscription service, delete the User’s registration or limit the User’s use of the Service’s functions.
Article 13 (Reviews)
- Users may post reviews (comments) for the Contents that are available in the Service.
- Users shall be responsible for their reviews and the Company shall not be liable for any disputes that arise between a User and other users in connection to those reviews.
- Users may use a username to post a review for Content in the Service and such username shall be posted together with the review made by the User.
- Users shall agree to the following conditions for posting reviews in the Service.
- (1) The Company may use the content of the review made by the User as reference material or marketing and promotion material for product and service development, or provide such review to a third party after the Company has processed the review to the extent that the identity and the individual identification of the User cannot be made.
- (2) The content of the review shall be made available free of charge to the Company or a third party that the Company has authorized and can be utilized in any format and manner such as published in the Service, other websites, or brochures. This shall include the use of parts of reviews that have been deleted, modified or edited, and the use of reviews where the username of the User who posted the review has been removed.
- (3) The Company, at its sole discretion, can delete, modify or edit the content of any review that falls under the conditions listed in the following article, or any reviews that the Company determines as inappropriate.
- The User represents and warrants that their reviews do not infringe the Intellectual Property Rights, privacy rights, publicity rights, other usage rights, or any rights belonging to a third party.
- The User hereby releases the Company from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits which the User may or can have in connection with the User’s reviews, including, without limitation, any and all liability for any permitted use or nonuse of the content of the User’s review, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss.
- To the extent permitted under applicable law, the User also forever waives and relinquishes all moral rights now or hereafter recognized in connection with the content of the User’s review and the rights granted to the Company hereunder.
- The User agrees to indemnify and hold the Company and the Company’s affiliates, and each of their respective employees and officers, harmless from any demands made to the Company by any third party, or losses, liabilities, claims or expenses (including reasonable attorneys' fees) incurred by the User or any third party arising out of or in connection with the Company’s use of the content of the User’s review.
- The Company prohibits Users from posting reviews that fall under any of the following:
- (1) Privacy-related information, such as identifiable personal information
- (2) Infringes the copyrights and other related rights or the interest of other Users of the Service or a third party
- (3) Defamation, discrimination or promotion of discrimination, libel or defamation of other Users of the Service or a third party
- (4) Violates Laws and Regulations, promotes crimes or dangerous actions, or encourages actions that are contrary to public order
- (5) Solicitation, personal sale or promotion for the purpose of gaining profit
- (6) Contains harmful content, programs, or scripts such as computer viruses
- (7) Intention to manipulate the ratings of Contents
- (8) Other actions that fall under the prohibitions prescribed in Article 14 herein
- The Company is under no obligation to monitor the reviews posted by the Users or maintain a backup of the posted reviews
Article 14 (Prohibited Acts)
- In using the Service, the User shall not engage in any of the acts set forth below.
- (1) any act that breaches these Terms
- (2) any act that violates Laws and Regulations or relates to criminal activities
- (3) any act of fraud or intimidation towards the Company or a third party
- (4) any act that violates public order and morality
- (5) any act that is related to and profits Anti-Social Forces
- (6) any act that infringes the Intellectual Property Rights, publicity rights, privacy, or any other rights or interests of, or defames the reputation of the Company or any third party, including but not limited to the following:
- (a) copying, reproducing, storing, transferring, or selling the Contents, in whole or in part, without the Company’s consent
- (b) commercial use of the Contents, in whole or in part, without the Company’s consent
- (c) any act that allows, or enables an unspecified number of persons to view the Contents, in whole or in part, such as publicly displaying the Contents in a commercial establishment without the Company’s consent
- (d) any other acts that infringe or are likely to infringe the rights of the Company or any third party
- (7) any act with regard to the Contents that fall under the following:
- (a) reproducing the Contents
- (b) renting, leasing, displaying, selling, transferring, redistributing, or relicensing the Contents
- (c) removing, circumventing, disabling, or altering the technical protection measures or the rights management information for the purpose of restricting or controlling the use of the Contents
- (8) any act of defamation towards the Company or a third party
- (9) any act of transmitting information to the Company or other Users where the Company deems such information falls under any of the following:
- (a) information containing expressions that defame the reputation and credibility of the Company, other Users or a third party
- (b) information containing violent, cruel or brutal expressions
- (c) information containing obscene expressions
- (d) information containing expressions encouraging discrimination
- (e) information containing expressions encouraging suicide and/or self-injury
- (f) information containing expressions encouraging the improper use of drugs
- (g) information containing antisocial expressions
- (h) information requesting a third party to disseminate junk, spam or chain emails
- (i) information containing any illegal solicitation or advertisements
- (j) information containing disturbing expressions
- (k) information containing computer viruses and other harmful computer programs
- (10) any act that heavily loads the Company’s network or system
- (11) any act of unauthorized access or attempting to access the Company’s network or system
- (12) any act of impersonation, misrepresentation of one’s relationship to a third party or organization, or concealing or attempt to conceal one’s identity
- (13) any act of using or causing a third party to use the user ID and/or password of other Users
- (14) any act that causes a disadvantage to, damages, or provides a sense of discomfort to the Company or a third party
- (15) any act that solicits meeting with an unacquainted third party
- (16) any act of copying, selling, publishing or using information acquired through the Service, unless otherwise expressly stipulated in these Terms or acknowledged by the Company separately
- (17) any act that interferes with the operation of the Service, or act that defames or is likely to defame the credibility of the Company
- (18) any act that provides or is likely to provide an advantage for competitors of the Company
- (19) any act of copying, distributing or disclosing a part of the Service
- (20) any act of modifying, deleting, recompiling, reassembling, or reverse engineering of programs related to the Service or Company’s Website or any act of determining the architecture of the Company’s Website by monitoring its network or using digital detective software
- (21) any act that causes inconsistency and/or interferes with or impairs the safety of the Service’s systems, or attempts to send signals to servers operating the Service or decode signals from such servers
- (22) any act of uploading invalid data, viruses, worms or other software agents through the Service
- (23) any act of collecting or acquiring information that can identify individuals (including user IDs) through the Service
- (24) unless otherwise expressly stipulated in these Terms or acknowledged by the Company separately, any act that intends to use the Service for commercial purposes or providing benefits to a third party
- (25) any act that cause or promote, directly or indirectly, acts that fall under any of the preceding items
- (26) any other acts deemed inappropriate by the Company.
Article 15 (Change, Termination, and Suspension of the Service)
- The Company may, at its sole discretion, change the content of or suspend the Service. In the case where the Company suspends the Service, the Company shall notify the User in advance.
- In the event any of the following occurs, the Company may temporarily terminate or suspend all or a part of the Service without giving prior notice to the User.
- (1) an emergency or periodical check, or maintenance of computer systems for the Service
- (2) provision of the Service is rendered difficult due to failure, operation mistake, website traffic, hacking, or other unexpected error in the computer or communication lines
- (3) there is a security issue with the Service
- (4) management of the Service is rendered difficult due to force majeure, such as an earthquake, lightning strike, fire, storm and flood damage, blackout, or other natural disaster, etc.
- (5) proper operation of the Service has become difficult
- (6) the Company has judged rationally that it is necessary to terminate or suspend the Service
- The Company shall not be liable for any damages incurred by the User caused by any actions taken by the Company under this Article.
Article 16 (Cancellation)
- The User may cancel the Service Agreement by giving notice to the Company using a method specified by the Company. In the case of cancellation, the User shall no longer be allowed to use the Service from the cancellation date of the Service Agreement as prescribed by the Company. In addition, the Contents purchased by the User will no longer be available to them after the cancellation of the Service Agreement.
- The Company will not refund any service fee of the Paid Services and other services received by the Company upon the User’s cancellation of the Service Agreement.
- If the User has any liability to the Company upon the cancellation of the Service Agreement, all and any of its liabilities owed to the Company shall become automatically due and the User shall immediately fulfill such liabilities.
- If the User cancels the Service Agreement by mistake and/or forfeits their right to use the Service, the User will no longer be able to use their user ID and other information accumulated in the Service for any reason whatsoever.
Article 17 (Termination)
- If the User falls under any of the following items, the Company may temporarily limit the User from using the Service or terminate the Service Agreement without notifying or making a demand to the User.
- (1) if the User breaches any of the terms and/or warranties herein (However, the stipulation in Article 541 of the Civil Code of Japan shall not apply)
- (2) if the User falls under any of the items prescribed in Article 4(2) of these Terms
- (3) if the User becomes insolvent or a petition for proceeding of bankruptcy, civil rehabilitation or any other similar proceedings is filed
- (4) if the User dies or an order of the commencement of guardianship or conservatorship for the User is granted
- (5) if the User does not respond to the Company’s inquiry and/or any other messages from the Company asking for their response for seven days or more
- (6) if the User has not used the Service for more than six months
- (7) if the User is deemed inappropriate as a User by the Company
- If the User falls under any of the items of the preceding paragraph, all and any liabilities owed to the Company shall become automatically due and the User shall immediately fulfill such liabilities.
- The Company shall not be liable for any damages attributable to the User that arise due to any actions taken by the Company under this Article, and the Company will not refund any paid service fees for use of the Paid Services.
Article 18 (Intellectual Property Rights)
The Intellectual Property Rights in relation to the Service shall belong to the Company or the party who grants the license to the Company, and the execution of the Service Agreement between the Company and User and the license granted to the User for use of the Service shall not be construed as a transfer of the Company or its licensor’s Intellectual Property Rights from the Company or licensor to the User.
Article 19 (Ownership of Rights)
Unless otherwise specified by the Company, the Intellectual Property Rights and other rights related to the Contents being provided by the Company shall belong to the Company or the right holder of the Contents. The Intellectual Property Rights and other rights related to the layout, design, and structure of the Service shall belong to the Company.
Article 20 (Disclaimer and Compensation)
- THE COMPANY WILL PROVIDE THE SERVICE ON AN “AS-IS” BASIS, AND THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE’S FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, VALIDITY, CREDIBILITY, MERCHANTIBLITY, NON-INFRINGEMENT, OR COMPLIANCE WITH THE LAWS AND REGULATIONS. TO THE EXTENT THAT THE COMPANY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM AN IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
- The Company shall not be obliged to retain the Registered Information, the Service’s Contents, and any information on the User.
- The User acknowledges that the Company does not guarantee that the Service will be compatible with all devices and that there is a possibility that a failure will occur due to upgrading the OS of the devices being used to access the Service. The Company makes no guarantee that the failure will be resolved by modification of the Service’s program in the event that a failure to use the Service occurs.
- The Company assumes no responsibility for the management of the User’s information and personal information managed by a third party of an external services provider linked with the Service.
- In no case shall the Company be held liable for any damages, loss or infringement of rights caused by hacking, alteration, and other illegal access of the Service or account of Users as stipulated herein.
- The User shall, at their own expense and responsibility, handle and resolve any transactions, communications, and disputes with other Users or a third party in relation to the use of the Service, and the Company shall not be in any way liable for handling and resolving such transactions, communications or disputes.
- IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE COMPANY FOR THE DAMAGES INCURRED BY THE USER IN RELATION TO THE SERVICE AND/OR THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEPT FOR THE COMPANY’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, EXCEED THE TOTAL AMOUNT OF THE SERVICE FEE RECEIVED BY THE COMPANY FROM THE USER UNDER THESE TERMS FOR THE IMMEDIATELY PRECEDING ONE-MONTH PERIOD BEFORE THE OCCURRENCE OF SUCH DAMAGES, AND THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECULATIVE DAMAGES, OR LOSS OF PROFITS. TO THE EXTENT THE FOREGOING EXCLUSION OF LIABILITY IS NOT PERMITTED UNDER APPLICABLE LAW, THE COMPANY'S LIABILITY IN SUCH CASE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- The User shall defend, indemnify and hold the Company harmless from and against any claims, losses, expenses, damages, and liabilities (including reasonable attorneys’ fees and court costs) incurred by the Company and its officers, directors, employees, affiliates and contractors arising from or relating to the User’s breach of these Terms.
Article 21 (Privacy)
Article 22 (Contact Information)
As a general rule, the Company will contact or send notices to the User regarding the Service through the Company’s Website or using the email address provided by the User to the Company.
Article 23 (Confidentiality)
- The User acknowledges and agrees that they will treat any information disclosed by the Company to the User reasonably understood as being of a proprietary and/or confidential nature or marked or identified as confidential by the Company shall not be disclosed to any third party, except with prior written consent of the Company.
- The User shall return or dispose of the confidential information in the preceding paragraph, documents, or other storage media on which such information is entered or recorded, and all copies thereof without delay at any time upon request from the Company in accordance with instructions to be provided by the Company.
Article 24 (Assignment)
- The User may not assign, transfer, pledge as security or dispose of any contractual status hereunder or obligation hereunder without the written approval of the Company.
- The User hereby agrees that in the event the Company assigns or otherwise transfers its business relating to the Service, the Company shall be able to also transfer its title, rights and obligations hereunder, Registered Information, Contents, and other information to the transferee. The same shall apply for the cases of general successions including mergers and company splits.
Article 25 (Severability)
In the event that any provision or part thereof is found invalid or unenforceable under any applicable Laws and Regulations, the remaining part of these Terms shall remain in full force and effect, and the Company and User shall endeavor to make such invalid or unenforceable provision or part legitimate and to amend it to the extent necessary to enforce it so as to ensure intent or legal and economic effect to such invalid or unenforceable provision or part.
Article 26 (Governing Law and Jurisdiction)
- These Terms and the use of the Service shall be governed by and construed in accordance with the laws of Japan.
- Any dispute arising out of or in connection with these Terms and the use of the Service shall be submitted to the exclusive jurisdiction of the Osaka District Court in the first instance.
Article 27 (Infringement Notification)
The Company respects the intellectual property rights of others, and requires that the Users do the same. If the User believes that their work has been copied in a way that constitutes copyright infringement, they should send a notice of the claimed infringement to: [email@example.com]. Notices of the claimed infringement should include the following information: (a) the User’s address, telephone number and email address, (b) a description of the copyrighted work that the User claims has been infringed, (c) a description of where the alleged infringing material is located, with a link if possible; (d) a statement by the User that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest, (f) a statement by the User, made under penalty of perjury, that the above information included in their notice is accurate and that the User is the copyright owner or is authorized to act on the copyright owner's behalf.
NTT Solmare Corporation
Sumitomo Building No. 2, 4-7-28 Kitahama Chuo-ku, Osaka 541-0041, Japan
Last Updated: March 1, 2022