These Terms of Use (hereinafter referred to as the “Terms of Use”) These Terms of Use (hereinafter referred to as the “Terms of Use”) define the terms and conditions of the Service and the relationship of rights and obligations between the Company and all registered users. In order to use the Service, you must read the Terms of Service in its entirety and agree to the Terms of Service.
Article 1 (Application)
- The purpose of this Agreement is to define the terms and conditions of the Service and the relationship of rights and obligations between the Company and registered users regarding the use of the Service, and shall apply to all relationships between registered users and the Company regarding the use of the Service.
- In the event of any discrepancy between the contents of this Agreement and the rules and other explanations of the Service outside of this Agreement, the provisions of this Agreement shall take precedence over such discrepancy.
Article 2 (Definitions)
The following terms used in this Agreement shall have the meanings set forth below.
(1) “Service Usage Contract” means a contract for the use of the Service between the Company and a Registered User, which is concluded under the terms and conditions of this Agreement.
(2) “Intellectual Property Rights” means copyrights, patent rights, utility model rights, design rights, trademark rights, and other intellectual property rights (including the right to acquire such rights or to apply for registration of such rights). (2) “Posting Data” means any data or information that you submit to us.
(3) “Posted Data” means any content (including but not limited to text, images, video, and other data) posted or otherwise transmitted by Registered Users using the Service. (3) “Posted Data” means content (including but not limited to text, images, videos, and other data) posted or otherwise transmitted by registered users using the Service.
(4) “We” and “Us” mean TRADOM Inc.
(5) “Company’s website” means the website operated by the Company to provide the Service (in the event that the domain or content of the Company’s website is changed for any reason, including the website after such change). (6) “Registered User” means a person who is a registered user of the Company’s website.
(6) “Registered User” means an individual or legal entity that has been registered as a user of the Service in accordance with Article 3 (Registration).
(7) “Service” means the service named “TRADOM” provided by the Company (in the event that the name or content of the service is changed for any reason, including the service after such change). means the service provided by TRADOM.
Article 3 (Registration)
- A person who wishes to use the Service (hereinafter referred to as “Prospective User”) (hereinafter referred to as the “Applicant”) may apply to register to use the Service by complying with these Terms of Use, agreeing to and accepting the precautions indicated on the Company’s website, and providing certain information determined by the Company (hereinafter referred to as the “Registration Items”) to the Company in a manner determined by the Company. (hereinafter referred to as the “Applicant”) may apply to the Company for registration to use the Service by complying with these Terms of Use, agreeing to and accepting the precautions indicated on the Company’s website, and providing the Applicant with certain information as determined by the Company (hereinafter referred to as the “Registration Items”).
- (2) The Company shall determine whether or not to register the applicant who has applied for registration based on Paragraph 1 (hereinafter referred to as “Registration Applicant”) in accordance with the Company’s standards. If the Company approves the registration, the Company will notify the Applicant of such approval or disapproval. The registration of the applicant as a registered user shall be deemed to have been completed when the Company has given the notice in this section.
- Upon completion of the registration as stipulated in the preceding paragraph, a service use agreement will be established between the registered user and the Company, and the registered user will be able to use the Service in accordance with these Terms of Use.
- If any of the following reasons applies to an applicant for registration, the Company may refuse registration or re-registration, and shall not be obligated to disclose any reasons for such refusal.
(1) If all or part of the registration information provided to us is false, erroneous, or omitted
(2) If the applicant is a minor, an adult ward, a person under curatorship, or a person under assistance, and has not obtained the consent of a legal representative, guardian, curator, or assistant
(3) If you are an anti-social force, etc. (meaning a crime syndicate, a member of a crime syndicate, a right-wing organization, an anti-social force, or any other similar person. The same shall apply hereinafter).
(4) If the Company determines that the user has violated a contract with the Company in the past, or is related to such a person.
(5) If you have been subjected to any of the measures stipulated in Article 10.
(6) In any other case in which the Company deems registration is not appropriate.
Article 4 (Change of Registered Matters)
Registered users shall notify us without delay of any changes in their registered information in a manner determined by us.
Article 5 (Password and User ID Management)
- Registered Users shall, at their own responsibility, properly manage and store their password and user ID (e-mail address) for the Service, and shall not allow any third party to use them, or lend, transfer, transfer, change the name of, sell, or otherwise dispose of them.
- Registered Users shall be responsible for any damages caused by inadequate management of passwords or user IDs, errors in use, or use by third parties.
Article 6 (Fees and Method of Payment)
- This service includes free services and paid services. In the event that a Registered User uses a service provided for a fee, the Registered User shall pay to the Company the usage fee separately determined by the Company and displayed on the Company’s website, in accordance with the payment method designated by the Company.
- If a Registered User delays payment of the usage fee, the Registered User shall pay to the Company a late fee at the rate of 14.6% per annum.
Article 7 (Prohibited Matters)
In using the Service, Registered Users shall not engage in any of the following acts, or any act that the Company deems to fall under any of the following items.
(1) Violation of laws and regulations or acts related to criminal acts
(2) Fraudulent or threatening acts against the Company, other users of the Service, or other third parties
(3) Acts that offend public order and morals
(4) Infringement on the intellectual property rights, portrait rights, rights to privacy, honor, or other rights or interests of the Company, other users of the Service, or other third parties
(5) Transmitting to the Company or other users of the Service through the Service any information that the Company deems to fall under or correspond to any of the following
- Information containing excessively violent or cruel expressions
- Information that contains computer viruses or other harmful computer programs
- Information that contains expressions that defame or discredit the Company, other users of the Service, or other third parties
- Information that contains excessively obscene expressions
- Information that includes expressions that promote discrimination
- Information that encourages suicidal or self-injurious behavior
- Information that encourages the inappropriate use of drugs
- Information including antisocial expressions
- Information that calls for the spread of information to third parties, such as chain mail
- Information including expressions that may cause discomfort to others
(6) Excessive load on the network or system of this service
(7) Reverse engineering or other analysis of the software or other systems provided by the Company
(8) Acts that may interfere with the operation of this service
(9) Unauthorized access to the Company’s network or systems, etc.
(10) Impersonation of a third party
(11) Use of IDs or passwords of other users of the Service
(12) Advertisements, advertisements, solicitations, or sales activities on the Service that are not authorized in advance by the Company
(13) Collection of information of other users of the Service
(14) Acts that cause disadvantage, damage, or discomfort to the Company, other users of the Service, or other third parties
(15) Providing benefits to antisocial forces, etc.
(16) Actions for the purpose of meeting people of the opposite sex whom one has not met
(17) Directly or indirectly causing or facilitating any of the aforementioned acts
(18) Attempting to do any of the foregoing
(19) Any other acts that the Company deems inappropriate.
Article 8 (Suspension of this Service, etc.)
In any of the following cases, we may suspend or discontinue all or part of the Service without prior notice to registered users.
(1) In case of urgent inspection or maintenance of the computer system related to the Service
(2) In the event of failure of computers, communication lines, etc., malfunction, mishandling, excessive concentration of access, unauthorized access, hacking, etc., making it impossible to operate this service
(3) In the event that the operation of this service becomes impossible due to force majeure such as earthquake, lightning, fire, windstorm, flood, power outage, or natural disaster
(4) In any other cases where the Company deems it necessary to suspend or discontinue the Service.
Article 9 (Attribution of Rights)
- All intellectual property rights related to the Company’s website and the Service belong to the Company or the party that has licensed them to the Company, and permission to use the Service under these Terms of Use does not imply permission to use the intellectual property rights of the Company or the party that has licensed them to the Company related to the Company’s website or the Service. The license to use the Service under these Terms of Use does not mean a license to use the intellectual property rights of the Company or the licensors of the Company’s website or the Service.
- Registered Users represent and warrant to us that they have the lawful right to post or transmit their own Postings and that their Postings do not infringe upon the rights of any third party.
- You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works from, display, and perform the Submitted Data. You also grant to other registered users a non-exclusive license to use, reproduce, distribute, create derivative works from, display, and perform any posted data posted or otherwise transmitted by you using the Service.
- Registered Users agree not to exercise their moral rights of authorship against the Company or any person who has succeeded to or been granted rights by the Company.
Article 10 (Cancellation of Registration, etc.)
- In the event that any of the following events occur to a registered user, we may, without prior notice or demand, delete or hide the posted data, temporarily suspend the use of the Service by the registered user, or terminate the registration of the registered user as a registered user
(1) If any of the provisions of these Terms of Use are violated
(2) When it is found that there is a false fact in the registration information
(3) If you stop making payments or become insolvent, or if a petition is filed for the commencement of bankruptcy proceedings, civil rehabilitation proceedings, corporate reorganization proceedings, special liquidation, or any other similar proceedings
(4) If the customer does not respond to inquiries or other communications requesting a response from the Company for more than [90 days].
(5) If any of the items of Article 3, Paragraph 4 applies (6) If the Company otherwise deems it inappropriate to use the Service or to continue registration as a registered user
2. In the event of any of the events described in the preceding paragraph, the registered user shall lose the benefit of time for all debts owed to the Company, and shall immediately pay all debts owed to the Company.
Article 11 (Withdrawal from Membership)
- A registered user may withdraw from this service and delete his/her registration as a registered user upon completion of the procedures prescribed by the Company.
- Upon withdrawal from membership, if there are any debts owed to the Company, the registered user will naturally lose the benefit of time with respect to all debts owed to the Company, and must immediately pay all such debts to the Company.
- The handling of user information after withdrawal from membership shall be in accordance with the provisions of Article 15.
Article 12 (Change or Termination of the Service)
- The Company may change the contents of the Service or terminate the provision of the Service at the Company’s convenience.
- In the event that the Company terminates provision of the Service, the Company shall notify registered users in advance.
Article 13 (Disclaimer of Warranty and Disclaimer of Liability)
- We make no warranty, express or implied, that the Service will be suitable for any particular purpose of the registered user, that the Service will have the expected functions, commercial value, accuracy, or usefulness, that the registered user’s use of the Service will comply with applicable laws, regulations, or internal rules of any industry organization, that the Service will be continuously usable, or that defects will not occur. We make no warranty, express or implied, that the use of the Service by registered users will conform to applicable laws, regulations, or internal rules of any industry organization, that the Service will be continuously available, or that defects will not occur.
- We shall not be liable for any damages incurred by registered users in connection with the service beyond the amount of consideration paid to us by registered users during the past [12 months], nor shall we be liable for incidental damages, indirect damages, special damages, future damages, or damages for lost profits. We shall not be liable for any incidental, indirect, special, future, or lost profit damages.
- Any transaction, communication, dispute, etc. between a registered user and another registered user or a third party in connection with this service or our website shall be settled by the registered user at his/her own responsibility.
Article 14 (Confidentiality)
Registered Users shall treat as confidential any non-public information disclosed by the Company to Registered Users in connection with the Service that the Company requires to be treated as confidential, except with the prior written consent of the Company.
Article 15 (Handling of User Information)
- The handling of user information of registered users by the Company shall be governed by the separate privacy policy of the Company, and registered users shall consent to the handling of user information of registered users by the Company in accordance with this privacy policy.
- We may, at our discretion, use and disclose information, data, etc. provided by registered users to us as statistical information in a form that does not identify individuals, and registered users agree to this.
Article 16 (Modification of these Terms and Conditions, etc.)
- MUTOH HOLDINGS reserves the right to change these Terms of Use as deemed necessary by MUTOH HOLDINGS. In the event of modification of the Terms of Use, the Company shall notify the registered users of the effective date and contents of the modified Terms of Use by posting on the Company’s website or by other appropriate means.
- In the case of a change that requires the consent of the registered user under the law, the registered user’s continued use of the service after the date of the change shall be deemed to constitute consent to the change without objection.
Article 17 (Communication/Notice)
- Inquiries regarding the Service and other communications or notifications from registered users to us, as well as notifications regarding changes to these Terms of Use and other communications or notifications from us to registered users, shall be made in a manner determined by us.
- If we contact or notify you at your e-mail address or other contact address included in your registration, you will be deemed to have received such contact or notification.
Article 18 (Transfer of Status under Service Usage Contract, etc.)
- Registered Users may not assign, transfer, pledge as security, or otherwise dispose of their status under the Service Agreement or their rights or obligations under the Service Agreement to any third party without the prior written consent of the Company.
- In the event that we transfer the business related to this service to another company, we may transfer the position under the usage contract, rights and obligations under these Terms of Use, and registered user’s registered matters and other customer information to the transferee of such business transfer, and the registered user agrees in advance to such transfer in this paragraph. Registered Users shall be deemed to have agreed in advance to such transfer. The business transfer stipulated in this paragraph shall include not only ordinary business transfers, but also corporate divestitures and any other cases in which business is transferred.
Article 19 (Severability)
If any provision of these Terms and Conditions or any part thereof is determined to be invalid or unenforceable under the Consumer Contract Act or other laws or regulations, the remaining provisions of these Terms and Conditions and the remaining portions of any provision determined to be invalid or unenforceable in part shall remain in full force and effect.
Article 20 (Governing Law and Court of Jurisdiction)
- These Terms of Use and the Service Usage Agreement shall be governed by and construed in accordance with the laws of Japan.
- The Tokyo District Court shall have exclusive jurisdiction in the first instance over any and all disputes arising out of or in connection with these Terms of Use or the Service Use Agreement.
Established November 17, 2022