Terms Of Conditions
We set forth this Terms and Conditions, during the performance of ishiitakahiro.com (the “Website”), as follows;
These Terms and Conditions set forth the terms and conditions for providing the Website, and the rights and obligations between us and Users of the Website. You must read and agree to the entire Terms and Conditions before using the Website.
Article 1 Applicability
- The purpose of these Terms and Conditions is to set forth the terms and conditions for providing the Website and the rights and obligations between us and the Users(as defined below), and these Terms and Conditions shall apply to all aspects of the relationship between you and us in connection with the Website.
- If there is any conflict between these Terms and Conditions and the Rules or any other description of the Website not provided for herein, these Terms and Conditions will prevail.
Article 2 Definitions
For purposes of these Terms and Conditions, the following terms have the following meanings.
- “Service Agreement” means not only these Terms and Conditions but also any other agreements relation to the Website to be executed between us and the User.
- “IP Rights” means copyrights, patents, trade marks, utility rights, design rights and other intellectual property rights(including rights to obtain or to apply for registration of such rights).
- “User” means any person or entity that has become a user of the Website pursuant to Article 3(Registration).
- The scope of “the Website” includes the website after the change if the domain is changed.
Article 3 Registration
Those who wish to use the Website may use the Website by agreeing to comply with these Terms in the way specified by us.
Article 4 Prohibited Actions
When using the Website hereunder, the User may not conduct any of the following acts or any act that we determine fall under any of the following:
- acts that violate any lows or regulations or that are associated with criminal activity;
- acts that defraud or threaten us, other Users or other third parties;
- acts against public order and good morals;
- acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or profit of us, other Users or other third parties;
- acts to transmit to other Users, through the Website, any of the following or any transmissions that we determine include under any of the following:
- excessively violent or cruel content;
- computer viruses or other hazardous computer programs;
- content that damage the reputation or the credit of us, other users of the Website or other third parties;
- excessively indecent content;
- content that encourages discrimination;
- content that encourages suicide or self-mutilation;
- content that encourages drug abuse;
- antisocial content;
- content for the purpose of disbursing information, such as chain mails;
- content that causes uncomfortable feelings to third parties;
- content for the purpose of encountering unacquainted persons of the opposite sex;
- acts that place an excessive burden on the network or system of the services;
- acts that threaten to interrupt the operation of the Website;
- acts to access or attempt to access the system or network of the Website improperly;
- acts to impersonate a third party;
- acts to use the user ID or password of other user of the Website;
- acts of exploitation, advertisement, soliciting or marketing without our prior consent;
- acts to collect information of other users of the Website;
- acts that cause disadvantage, damage or uncomfortable feelings to other users of the Website or other third parties;
- acts that are deferred to the rule regarding the use of this service posted on the Website;
- acts to provide Antisocial Forces with profit;
- acts that are intended to encounter unacquainted persons of the opposite sex;
- acts that, directly or indirectly, evoke or facilitate acts listed in the preceding items; or
- other acts that we deem to be inappropriate.
Article 5 Suspension of the Website
- We shall be entitled to, without any advance notice to the User, suspend or discontinue the Website, in whole or in part, in the event that:
- Inspection or maintenance of the computer system for the Website needs to be performed due to urgent circumstances;
- Computers or communication lines have been disrupted due to an accident;
- We become unable to provide the Website due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
- We determine that suspension or discontinuance is required for other reasons.
- Under no circumstances shall we be liable for any damages incurred by the User arising out of any measures taken by us pursuant to this Article.
Article 6 Ownership of Rights
- Any and all IP Rights related to the Website and the Services are expressly reserved by us or our licensor. Nothing contained herein shall be construed as granting to the User a license of the IP Rights owned by us or our licensor.
Article 7 Website Modification and Termination
- We shall be entitled to at any time modify or terminate the Website in its own discretion. We shall notify in advance the User of any intended termination by us of the Website.
- We shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by us pursuant to this Article.
Article 8 Disclaimer and Waiver of Warranties
- WE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (including but not limited to any representation or warranty (1) of fitness or suitability for a particular purpose contemplated by the User, (2) that the Services have expected functions, commercial value, accuracy, or usefulness, (3) that the use by the User of the Services complies with the laws and regulations applicable to the User or any internal rules established by industrial organizations, and (4) that the Services will be free of interruption or defects).
- Under no circumstances shall we be liable for any damages incurred by the User arising out of discontinuance, suspension, termination, unavailability, or modification by us of the Services, cancellation or loss of messages or information transmitted by the User to the Services, deletion of the registration of the User, loss of registered data or failure of or damage to equipment through the use of the Services, or otherwise in connection with the Services(“Damages”).
- We shall not be liable for any amount exceeding the consideration paid by the User to us for the immediately previous 1 months in relation to Damages incurred by the User that are attributable to us for any reasons whatsoever. UNDER NO CIRCUMSTANCES SHALL WE NOT BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, FUTURE DAMAGES AND LOST PROFITS.
- We shall not in any way be liable for transactions, communications or disputes arising between the User and other Users or a third party in connection with the Services or the Website.
Article 9 Confidentiality
The User shall keep confidential any and all non-public information disclosed by us to the User for which we have imposed on the User a confidentiality obligation in connection with the Services, unless the User has obtained prior written approval from us.
Article 10 Treatment of User Information
- WE may, in its sole discretion, use or make public any information or data provided by the User to us as statistical information in a form that cannot identify an individual, and the User may not challenge or dispute such use.
Article 11 Amendments
We reserve the right to amend or change these Terms and Conditions. In the event of any amendment or change to these Terms and Conditions, we shall notify the User thereof. If the User uses the Services, or fails to take steps to cancel its registration within the time specified by us after the notice set forth above, the User shall be deemed to have agreed to such amendment or change to these Terms and Conditions.
Article 12 Notice
Any inquiries with respect to the Services or other communications or notices from the User to us, or the notices concerning any amendment to these Terms and Conditions or other communications or notices from us to the User shall be made in accordance with the procedures specified by us.
Article 13 Assignment
- The User shall not assign, transfer, grant security interests in or otherwise dispose of its status under the Service Agreement or its rights or obligations under these Terms and Conditions without the prior written consent of us.
- In cases where we have assigned the business regarding the Services to a third party, we may, as part of such assignment, assign to such third party its status under the Service Agreement, its rights and obligations under these Terms and Conditions, and the Registration Information and other information relating to the User, and the User hereby agrees to such assignment in advance. For the purposes of this Article 18.2, the business assignment referred to above shall include, in addition to the usual form of business assignment, a split of us or any other form of restructuring of us that would result in a business transfer.
Article 14 severability
If any provision of these Terms and Conditions or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect.
Article 15 Governing Law and Jurisdiction
- These Terms and Conditions shall be governed by the laws of japan. If there are sales of goods in the Services, the United Nations Convention on Contracts for the International Sales of Goods (CISG) shall not apply.
- Any and all disputes arising out of or in connection with these Terms and conditions shall be submitted to the exclusive jurisdiction of the district court or summary court designated by us in the first instance.
These Terms and Conditions shall be executed in the Japanese language. Japanese shall be the governing language and nay translation of these Terms and Conditions into any other language is for convenience of reference only and shall not bind the parties hereto.