Terms & Privacy Policy 2/3

Article 10  Discontinuance of Site

1) In the event of occurrence of any of the following events, the Company may discontinue or suspend the provision of all or a part of the Site without advance notice to the Users:

1．If any urgent inspection or maintenance of the computer system pertaining to the Site is required;

2．If the computer or communication line is disconnected due to accidents;

3．If it has become unable to operate the Site due to act of God such as earthquake, lightning strike, fire, wind and flood damage, power outage, and act of providence; or

4．If the Company decides that a discontinuance or suspension is necessary due to other causes.

2) The Company shall not be liable whatsoever for any damage suffered by the Users due to the measures taken by the Company based on this Article.

Article 11  Change of Content or Termination of Site

1) The Company may change the content of or terminate the Site without advance notice to the Users.

2) The Company shall not be liable whatsoever for any damage suffered by the Users due to the measures taken by the Company based on this Article. 

Article 12  No Guarantee

1) The Company does not guarantee whatsoever that the Site conforms to any specific purpose of Users, it has the functionality, merchantability, accuracy, and usefulness as expected, Users’ use of the Site conforms to the law or internal regulations of the industry organization applicable to the Users, or no failure will be caused.

2) The Company does not guarantee the accuracy and completeness of the information posted on the Site.

Article 13  Exemption of Liabilities

1) The Company shall not be liable whatsoever for any damage caused due to the Users’ use of the contents posted on the Site.

2) The Company shall not be liable whatsoever to compensate for the suspension, discontinuation, termination, impossibility to use, or change of the Site by the Company, deletion or disappearance of message or information sent to the Site by Users, disappearance of registered data or breakdown or damage to equipment due to the use of the Site, or any other damage suffered by User in relation to the Site (hereinafter referred to as the “Users’ Damage”).

3) In the event that the Company shall be liable for some reason, the Company’s liability for the User’s Damage shall not exceed the amount of consideration paid by the User in the past one (1) month.  The Company shall not be liable to compensate for any incidental damage, indirect damage, special damage, future damage, or lost damage.

4) The Company shall not be liable whatsoever for any transaction, communication, or dispute arising among Users or between Users and third parties in relation to the Site.

5) The Company shall not be liable whatsoever for any acts and results therefrom arising from information obtained by Users from the Site (including the information in the Site, external information such as cited references (books and papers) and websites, and information in linked pages).

6) The Company does not accept any questions concerning the data for the infographics posted on the Site or the reference source thereof.

Article 14  Exclusion of Antisocial Forces

1) The Company and Users shall commit to each other the matters in each of the following items:

1. They are not a gang, member of a gang, formerly a member of a gang in the past five (5) years, quasi-member of a gang, enterprise related to a gang, corporate racketeer, extortionist who claims to uphold social movement, violent group with special intelligence, or any other thing similar to these (hereinafter collectively referred to as the “Antisocial Forces”);

2. Their officers (employees who are executive members, directors, executive officers, or those who are in similar roles) are not among the Antisocial Forces;

3. They shall not make Antisocial Forces use their names or have any transaction with them;

4. They shall not make Antisocial Forces use their names or enter into contracts with them; and

5. They shall not engage in or make any third party engage in any of the following acts:

5-1. Acts of making violent requests;

5-2. Acts of making unjust requests beyond legal responsibilities;

5-3. Threatening behavior or violent acts;

5-4. Acts of damaging credit or obstructing business of the other party by spreading false rumors, using fraudulent means, or by force; or

5-5. Any other acts similar to those in each of the preceding items.

2) In the event that any violation of the preceding paragraph is discovered, the Company or the User may cancel the contract with the Company without giving any notice.

Article 15  Confidentiality

1) Except where the Company has given prior written approval, Users shall keep confidential any non-public information related to the Site disclosed by the Company with a request to keep it confidential. 

Article 16  Handling of User Information

1) The Company shall handle the information of Users in accordance with the Privacy Policy separately stipulated by the Company.  Users shall give consent to the Company’s handling of their information in accordance with the Privacy Policy.

2) The Company may, at its discretion, use and release the information and data provided to the Company by Users as statistical information where individuals cannot be identified, and Users shall not raise any objection to this.

Article 17  Contact/Notice

1) Users shall contact the Company by e-mail, using the form on the Site.  The Company will not accept notices from any contact address other than the one posted on the Site.

2) The Company shall contact the Users by posting on the Site or e-mail to the Users.  The Company shall not be liable whatsoever for any prejudices caused due to the Users’ failure to provide accurate contact address.

Article 18  Transfer of Contractual Status for Use of Site

1) In the case of a transfer of business pertaining to the Site to another company, the Company may, along with the business transfer, transfer to the transferee of the business its contractual status for the use of Site, rights and obligations based on these Terms of Use, registered matters of Users, and other customer information.  Users shall be deemed to have given consent in advance to such transfer in this clause.  The business transfer within the meaning of this clause shall include normal business transfer as well as company split and any other cases which require a transfer of business.

Article 19  Severability

1) Even in the event that any clause of these Terms of Use or any part of it is judged to be null and void or unenforceable based on the Consumer Contract Act or other laws and regulations, the remaining clauses of these Terms of Use and the remaining part of the clause a part of which is judged to be null and void or unenforceable shall continue to be in full force.

Article 20  Governing Law and Court of Jurisdiction

1) The governing law for these Terms of Use and the Terms of Use of Services shall be the laws of Japan.  The parties agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods for any sale of goods or Items for Download in the Site.

2) With respect to all disputes relating to these Terms of Use or the Terms of Use of Services, the parties agree to submit to the exclusive jurisdiction of the Nagoya District Court as the court of first instance. 

Established on August 1, 2016