These Terms of Use (hereinafter referred to as the “Terms of Use”) applies to the services provided by Paulonia Co. Ltd. (hereinafter referred to as the “Company”) provides on this website (hereinafter referred to as the “Service”). All registered users (hereinafter referred to as “Users”) are bound by these Terms of Use and are requested to use the Service in accordance with these Terms of Use.
Article 1 (Application)
- These Terms of Use shall apply to all relationships between the User and the Company regarding the use of the Service.
- In addition to the Terms of Use, the Company may establish various rules and regulations regarding the use of the Service (hereinafter referred to as “Individual Regulations”). These Individual Regulations shall constitute a part of this Agreement, regardless of the name by which they are called.
- In the event that any provision of the Terms of Use conflicts with any of the Individual Regulations, the provisions of the Individual Regulations shall take precedence over the Terms of Use unless otherwise specified in the Individual Regulations.
Article 2 (Registration for Use)
- In this Service, the registration for use shall be completed when a prospective user agrees to these Terms of Use, applies for registration for use in the manner prescribed by the Company, and when the Company approves the application.
- In the event that the Company determines that the applicant has any of the following reasons, the Company may not approve the application for registration, and shall not be obligated to disclose the reasons for such denial.
(1) When false information is reported at the time of application for registration.
(2) If the application is from a person who has violated these Terms of Use
(3) In any other case in which the Company deems the registration of use to be inappropriate.
Article 3 (Management of User ID and Password)
- Users shall properly manage their user IDs and passwords for the Service at their own responsibility.
- User shall not, under any circumstances, transfer or lend user ID and password to a third party, or share them with a third party. When a user logs in with the same combination of user ID and password as the registered information, the Company shall consider the use of the Service to be by the user who has registered the user ID.
- Except in the case of willful misconduct or gross negligence on the part of Company, Company shall not be liable for any damage caused by the use of a user ID and password by a third party.
Article 4 (Fees and Payment Methods)
- The User shall pay the usage fee for the paid portion of the Service, which is separately determined by the Company and displayed on the Website, by the method designated by the Company.
If the User delays payment of the usage fee, the User shall pay a late fee at the rate of 14.6% per annum.
Article 5 (Prohibited Matters)
In using the Service, the User shall not engage in any of the following acts.
(1) Acts that violate laws, ordinances, or public order and morals
(2) Criminal acts
(3) Infringement of copyrights, trademarks, or other intellectual property rights contained in the Service, including but not limited to the contents of the Service
(4) Acts that destroy or interfere with the functionality of the server or network of the Company, other users, or other third parties
(5) Commercial use of information obtained from the Service
(6) Acts that may interfere with the operation of the Company’s services
(7) Unauthorized access or attempts to gain unauthorized access.
(8) Acts of collecting or accumulating personal information of other users
(9) Act of using this service for any unauthorized purpose
(10) Acts that cause disadvantage, damage, or discomfort to other users of this service or other third parties
(11) Impersonation of another user
(12) Acts of impersonating another user.
(12) Advertising, advertisement, solicitation, or sales activities on the Service that are not authorized by the Company
(13) Acts of unacquainted members of the opposite sex
Actions for the purpose of meeting with the opposite sex whom you do not know
(14) Acts of providing benefits directly or indirectly to antisocial forces in relation to our services
(15) other acts that are deemed inappropriate by our company
(16) Any other acts that the Company deems inappropriate.
Article 6 (Suspension of the Service, etc.)
- In the event that the Company deems any of the following to exist, the Company may suspend or discontinue provision of all or part of the Service without prior notice to the User.
(1) Maintenance, inspection, or updating of computer systems related to the Service
(2) When the provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fire, power outages, or natural disasters
(3) When computers or telecommunication lines are stopped due to an accident
(4) In any other cases where provision of the Service is required by the Company, or in any other cases where the Company deems it difficult to provide the Service. - The Company shall not be liable for any disadvantage or damage incurred by the User or a third party as a result of the suspension or interruption of the provision of the Service.
Article 7 (Restriction of Use and Cancellation of Registration)
- The Company may, without prior notice, restrict the User from using all or part of the Service or terminate the User’s registration as a User, if the User falls under any of the following cases:
(1) If the User violates any of the provisions of these Terms of Use
(2) If any false information is found in the registration information
(3) In the event of default in payment of fees or other obligations, or in the event that a certain amount of fees or other obligations are not paid.
(4) When there is no response to communications from the Company for a certain period of time, or when there is no final confirmation of the Service.
(5) When there has been no use of the Service for a certain period of time since the last use of the Service
(6) In any other cases where the Company deems the use of the Service inappropriate. - The Company shall not be liable for any damages incurred by the user as a result of actions taken by the Company in accordance with this Article.
Article 8 (Withdrawal from Membership)
The User may withdraw from the Service by following the withdrawal procedure specified by the Company.
Article 9 (Disclaimer of Warranty and Disclaimer of Liability)
(1) Even if the Company expressly or implicitly denies that the Service is free from defects in fact or in law (including safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, defects in security, etc., errors or bugs, infringement of rights, etc.), the Company shall not be liable for any damages arising out of the use of the Service.
(2) We do not warrant, expressly or impliedly, that the Service is free from defects (including defects in safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc., errors, bugs, infringements, etc.).
(3) Even in the case of the proviso of the preceding paragraph, the Company shall not be liable for damages arising out of special circumstances (including cases where the Company or the user foresaw or could have foreseen the occurrence of damages) among damages incurred by the user due to default or tort caused by the negligence of the Company (excluding gross negligence). (Including cases in which the Company or the User foresaw or could have foreseen the occurrence of the damage). In addition, the Company shall not be liable for damages arising from default or tort due to the negligence of the Company (excluding gross negligence). In the event of default or tort by the Company (excluding gross negligence), compensation for damages incurred by the User shall be limited to the amount of the usage fees received from the User for the month in which such damages occurred.
(4) Company shall not be liable for any transaction, communication, or dispute between a user and another user or a third party in connection with the service.
Article 10 (Change of Service Contents, etc.)
The Company may change, add, or discontinue the Service with prior notice to the User, and the User agrees to such changes, additions, or discontinuation.
Article 11 (Modification of Terms of Service)
- The Company may change the Terms of Use without requiring the User’s individual consent in the following cases:
(1) When modification of the Terms of Use is in the general interest of the User.
(2) When modification of the Terms of Use is in the general interest of the Company. - The modification of the Terms of Use is not contrary to the purpose of the Service Use Agreement, and is reasonable in light of the necessity of the modification, reasonableness of the modified contents, and other circumstances pertaining to the modification; or
(2) When modifying the Terms of Use in accordance with the preceding paragraph, the Company shall notify the User in advance of the modification, the contents of the modified Terms of Use, and the effective date of the modification.
Article 12 (Handling of Personal Information)
The Company shall appropriately handle personal information obtained through the use of the Service in accordance with the Company’s “Privacy Policy.
Article 13 (Notification or Communication)
Notification or communication between a user and Company shall be made in a manner determined by Company. Unless a user notifies us of a change in his/her contact information in accordance with a method separately determined by us, we will assume that the currently registered contact information is valid and send notices or communications to that contact information, which will be deemed to have reached the user at the time they are sent.
Article 14 (Prohibition of Assignment of Rights and Obligations)
The User may not assign his/her position in the service contract or rights or obligations under the Terms of Use to a third party or offer them as collateral without prior written consent of the Company.
Article 15 (Accuracy of Information)
In providing information, Company will provide as accurate information as possible. However, the Company may not be able to guarantee the accuracy of information due to the passage of time or other circumstances beyond the Company’s control. The Company shall not be liable for any mental or physical inconvenience caused to the user due to errors in the information provided by the Company.
Article 16 (Governing Law and Jurisdiction)
- The Terms of Use shall be governed by and construed in accordance with the laws of Japan.
- In the event of any dispute arising in connection with the Service, the court having jurisdiction over the location of the Company’s head office shall have exclusive jurisdiction.