These Terms of Use (hereinafter referred to as the “Terms”) set forth the conditions for using the services provided by Tabium Co., Ltd. (hereinafter referred to as the ‘Company’). Registered users (hereinafter referred to as “Users”) shall use the Company’s services in accordance with these Terms.
Article 1 (Application)
These Terms shall apply to all relationships between Users and the Company concerning the use of the Company’s services.
The Company may establish various rules and regulations (hereinafter referred to as “Individual Provisions”) regarding the Company Services in addition to these Terms. Regardless of their name, these Individual Provisions shall constitute a part of these Terms.
In the event of a conflict between the provisions of these Terms and the provisions of the Individual Provisions referred to in the preceding article, the provisions of the Individual Provisions shall prevail unless otherwise specifically stipulated in the Individual Provisions.
Article 2 (User Registration)
User registration for our Services shall be completed when an applicant agrees to these Terms and applies for registration using the method specified by us, and we approve such application.
We may refuse to approve an application for user registration if we determine that any of the following grounds apply to the applicant, and we shall have no obligation to disclose the reasons for such refusal.
The applicant provided false information in the registration application.
The application is from a person who has previously violated these Terms.
Other cases where the Company deems registration inappropriate
Article 3 (Management of User ID and Password)
Users shall manage their User ID and password for the Company’s services appropriately at their own responsibility.
Users may not transfer, lend, or share their User ID and password with any third party under any circumstances. The Company shall deem any login using a combination of User ID and password that matches the registered information to be use by the registered user themselves.
The Company shall not be liable for any damages arising from the use of a User ID and password by a third party, except in cases where the Company has acted with intent or gross negligence.
Article 4 (Usage Fees and Payment Methods)
Users shall pay the usage fees separately determined by the Company and displayed on this website as consideration for the paid portions of the Company’s services, using the payment method specified by the Company.
If a user delays payment of usage fees, the user shall pay a late payment penalty at an annual rate of 14.6%.
Article 5 (Prohibited Acts)
Users shall not engage in the following acts when using the Company’s services.
Acts that violate laws, regulations, or public order and morals
Acts related to criminal activities
Acts infringing upon copyrights, trademark rights, or other intellectual property rights contained within our services
Acts that destroy or interfere with the functionality of our servers or networks, or those of other users or third parties
Acts of commercially exploiting information obtained through our services
Acts that may interfere with the operation of our services
Acts of unauthorized access or attempts thereof
Acts of collecting or accumulating personal information or other data concerning other users
Acts of using our services for improper purposes
Acts causing disadvantage, damage, or discomfort to other users of our services or other third parties
Acts of impersonating other users
Acts of advertising, solicitation, or sales activities on our services without our permission
Acts aimed at meeting strangers of the opposite sex
Acts that directly or indirectly provide benefits to antisocial forces in connection with our services
Other acts deemed inappropriate by us
Article 6 (Suspension of Our Services)
We may suspend or interrupt the provision of all or part of our services without prior notice to users if we determine any of the following grounds exist:
When performing maintenance, inspection, or updates on the computer systems related to our services
When the provision of our services becomes difficult due to force majeure such as earthquakes, lightning strikes, fires, power outages, or natural disasters
When computers or communication lines cease operation due to accidents
Other circumstances where we determine the provision of our services is difficult
We shall not be liable for any disadvantage or damage incurred by users or third parties due to the suspension or interruption of our services.
Article 7 (Use Restrictions and Account Termination)
The Company may, without prior notice, restrict a User’s use of all or part of the Company’s Services or terminate the User’s registration if the User falls under any of the following categories:
Violation of any provision of these Terms
Discovery of false information in registration details
Failure to pay fees or other charges
Failure to respond to our contact within a specified period
No use of our Services for a specified period after last use
Other circumstances where we deem the user’s use of our Services inappropriate
We shall not be liable for any damages incurred by the user as a result of actions taken by us under this Article.
Article 8 (Withdrawal)
Users may withdraw from our services by following the withdrawal procedures specified by us.
Article 9 (Disclaimer of Warranties and Limitation of Liability)
The Company makes no warranty, express or implied, that the Company’s Services are free from factual or legal defects (including, but not limited to, defects concerning safety, reliability, accuracy, completeness, validity, suitability for a particular purpose, security, errors, bugs, or infringement of rights).
The Company shall not be liable for any damages incurred by the User arising from the Company’s Services, except in cases of intentional misconduct or gross negligence on the part of the Company. However, this disclaimer shall not apply if the agreement between the Company and the User concerning the Company’s Services (including these Terms) constitutes a consumer contract as defined by the Consumer Contract Act.
Even in the case specified in the preceding paragraph, the Company shall not be liable for any damages incurred by the User arising from a breach of contract or tort due to the Company’s negligence (excluding gross negligence), including damages arising from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of such damages). Furthermore, compensation for damages incurred by the User due to a breach of contract or tortious act attributable to the Company’s negligence (excluding gross negligence) shall be limited to the amount of usage fees received from the User during the month in which such damage occurred.
The Company shall not be liable for any transactions, communications, disputes, or other matters arising between the User and other Users or third parties in connection with the Company’s Services.
Article 10 (Changes to Service Content)
The Company may change, add, or discontinue the content of the Company’s Services upon prior notice to the User, and the User agrees to this.
Article 11 (Amendment of Terms of Use)
The Company may amend these Terms without requiring the individual consent of the User in the following cases:
When the amendment is in the general interest of users.
When the amendment does not conflict with the purpose of the Service Usage Agreement and is reasonable considering the necessity of the amendment, the appropriateness of the amended content, and other relevant circumstances.
The Company shall notify users in advance of any amendment to these Terms under the preceding paragraph, including the fact of the amendment, the content of the amended Terms, and the effective date.
Article 12 (Handling of Personal Information)
The Company shall handle personal information obtained through the use of the Company’s Services appropriately in accordance with the Company’s “Privacy Policy”.
Article 13 (Notices or Communications)
Notices or communications between the User and the Company shall be made by the methods specified by the Company. The Company shall deem the currently registered contact information to be valid and shall send notices or communications to that contact information unless the User has submitted a change notification in accordance with a method separately specified by the Company. Such notices or communications shall be deemed to have reached the User upon dispatch.
Article 14 (Prohibition on Assignment of Rights and Obligations)
The User may not assign their status under the Service Agreement or any rights or obligations under these Terms to a third party, or use them as collateral, without the Company’s prior written consent.
Article 15 (Governing Law and Jurisdiction)
The interpretation of these Terms shall be governed by the laws of Japan.
In the event of any dispute arising in connection with the Company’s Services, the courts having jurisdiction over the location of the Company’s head office shall have exclusive jurisdiction.
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