Terms of Use
Art. 1 Members
1. Those wishing to use the Service shall consent to these GTC and apply for use of the Service in accordance with the procedure set forth by the Company. When deemed necessary, the applicant shall submit to the Company additional information as requested, such as information and evidence to identify the person.
2. When the application in accordance with the preceding paragraph is received, the Company shall examine it and notify the applicant the result thereof in the way of the Company’s choice. The applicant shall become a “Member Ethe moment when the Company dispatches its such acceptance notice.
3. The company may reject the application, or may cancel the acceptance even after the start of the Service if any one of the following is applicable:
1) The applicant’s legal ability is limited (e.g. the applicant being a minor) and has not obtained written consent by its legal guardian;
2) “Credit card Eis selected for payment and approval by the credit card company is not granted;
3) False information is provided in application.
4) The applicant has been rejected provision of the Service or services of third parties for the reasons of breach of general terms and conditions, etc.
4. The Company may amend the GTC without notice. The GTC after amendment shall be applied to all users. The content of amendment shall be posted on the homepage of the Company.
Art. 2 Different Status of Members
1. There are three different status of Members, i.e., Members having registered for Charged Plan but in uncharged trial period (“Trial Members E, Members having registered for Charged Plan and has purchased the Points (“Charged Members E and Members having registered for the Uncharged Plan and using the Service (“Uncharged Members E.
2. If a Trial Member does not purchase the Points within 30 days after registration or an Uncharged Member does not log in for a period of 180 days, the Company may terminate the Membership upon the Company’s discretion.
3. The Charged Members shall purchase the Points and can continue using the Service until the Points are fully consumed. If a Charged Member does not purchase the Points within 30 days after full consumption, the Company may terminate his/her Membership upon the Company’s discretion.
4. The Service cannot not be used after termination of Membership.
5. The contents of the Service, its limitation and how to use it shall be set forth by the Company separately.
Art. 3 ID
1. When using the Service, the Members must use proper user ID and password (collectively, the “IDs E.
2. IDs may be used exclusively by the pertinent Member. A Member may not disclose its IDs to any third party.
3. Members must duly manage their IDs under their full responsibilities. The responsibility for any and all acts under use of a Member’s IDs and their results shall be borne by the pertinent Member, and the Company shall not take any responsibility unless attributable to its intention or gross negligence.
4. If the IDs are used improperly by a third party or possibilities for such use is recognized, the Member shall report it to the Company promptly and follow its instruction.
Art. 4 Provision of Information
1. With regard to use of the Service and/or disputes related to the Service, Members must faithfully and promptly provide the Company with the information as it requests. Members guarantee that all the information they provide to the Company is true and accurate.
2. If email address, mailing address or any other information registered with the Company changes, the Member must promptly amend the registration in accordance with the procedure set forth by the Company.
3. The Company shall use the information related to the Members for the following purposes, and may disclose it to third parties when necessary for such purposes:
1) Due provision of the Service
2�E�Contemplation/examination with regard to the business of the Company
3�E�Provision of information with regard to other services and products of the Company
4. The Company may disclose to third parties information provided to the Company by the Members :
1�E�in response to the inquiries made by credit card companies when improper use of the credit card is suspected, and any other cases that the Company regards appropriate in order to preserve due interest of the Members, the Company or third parties
2�E�in response to the inquiries made by courts, public prosecutors, bar associations, consumer protection center or any other organizations for public services
3�E�when disclosure is legitimate under applicable laws such as the Act for Protection of Personal Information, Act on the Liabilities of Internet Providers, etc.
Art. 5 Use of the Service: the Principle of Self-Responsibility
1. Members shall use the Service under their own responsibilities and sound common sense, and only for legitimate purposes.
2. The Company shall not take any responsibility what so ever for the acts by the Members using the Service.
3. Members shall settle under its full responsibility and burden of costs any and all disputes vis a vis third parties arising out of or in relation to use of the Service, and shall not burden the Company with any trouble or costs. Should the Company incur any damage in relation to such disputes, the pertinent Member shall, upon request by the Company, compensate for any and all such damages (including the attorney fees).
Art. 6 Code of Conducts
1. The Members may especially not do the following when using the Service. In application of this provision, setting links to the internet sites that may relate to the prohibited acts shall be regarded as violating this provision:
1) Acts violating rights (including, but not limited to, property rights such as ownership, intellectual property, moral rights such as privacy, publicity, honor, trust, etc) or legitimate interest of others, or possible to violate such rights or interest
2�E�Acts of slandering or discriminating others
3�E�Acts to illegitimately obtain, use or disclose to third parties the information related to others (including business as well as non-business information)
4�E�Acts to intentionally spread false information
5�E�Acts that may promote or to support terrorism, racial discrimination or any other anti-social acts
6�E�Acts that may disturb proper function of computer or communication system of others such as spreading computer virus, spam mail, etc.
7) Acts that may disturb proper operation of the business or harm social trust of the Company
8�E�Any other acts that violate or may violate laws or good moral
9�E�Any other acts that the Company regards inappropriate
Art. 7 Use of Material Provided by the Company
1. Anything provided by the Company for use of the Service such as material, design, format, etc., may not be used for other purposes than proper use of the Service.
2. If a Member transfers to any external server a page it uses within the Service, the Company shall deem such act as use of “FLIPS Data Download Service Eand the related fee as set forth by the Company shall be payable.
Art. 8 Rights
1. In absence of applicable provisions in these GTC, any rights accrued in relation to use of the Service shall be handled in accordance with the applicable laws.
2. The Company is entitled to use, upon its discretion for its business purposes, the pages and other contents made by the Members. Such use shall include, but not limited to, putting on the newspapers, magazines, web pages or publishing in books, etc. When so using, the Company may alter the original contents as it regards necessary, provided that personal information of the Members shall not be made public.
3. The Members consent, without any reservation, to the use of the contents by the Company in accordance with the preceding Paragraph. In relation to such use by the Company, the Members shall not demand any compensation or raise any claim what so ever.
Art. 9 Suspension of the Service
1. Should any one of the following be applicable to a Member, the Company may promptly, without notice, suspend provision of the Service to the pertinent Member for a period of time the Company regards appropriate.
1�E�The Company has found, upon its judgment, that any item under Art. 1 Para.3 is applicable to the Member
2�E�The Company has found, upon its judgment, that the Member has breached the code of conducts (Art. 6) or other obligation of the Members, or there is an actual possibility thereof.
3�E�The Company has found, upon its judgment, that the use of the Service by the Member shall cause unusual burden on or mal-function of the system of the Company or third parties
4�E�The Company has found, upon its judgment, that the use by the Member is inappropriate and suspension of the Service is necessary
2. In addition to the cases set forth in the preceding paragraph, if necessary in the due course of business including, but not limited to, the cases of maintenance works, taking measures against virus attack, etc., the Company may suspend provision of the service for a required period.
3. For whatever reasons, the Members cannot demand compensation or raise any claim against the Company in relation to the suspension of the Service in accordance with this Article.
Art. 10 Changes/Termination of the Service and/or the GTC
1. The Company may, from time to time as necessary, change the Service and/or these GTC. In such cases, the Company shall announce the content and the date of such changes by sending emails to the registered email addresses of the Members.
2. The Members shall be deemed to have agreed to the announced changes if notices declaring rejection of such changes do not reach the Company within 3 days after it dispatched the email in accordance with the preceding paragraph. Should the notice of rejection of the Members reach the Company within such a period, the provision of the Service to the pertinent Member shall be terminated.
3. The Company may terminate provision of the Service by announcing it on its web site one month in advance.
4. The Company shall refund for the remaining points that are not used as of the date of the termination in accordance with the preceding paragraph.
5. For whatever reasons, the Members cannot demand, other than the refund in accordance with the preceding paragraph, compensation or raise any claim against the Company in relation to the changes of the Service/GTC or the termination of the Service in accordance with this Article.
Art. 11 Termination of Membership without Notice
1. Should any one of the following be applicable to a Member, the Company may promptly, without notice, terminate the Membership of the pertinent Member:
1�E�Art.9 Para.1 Item 1)or 2)
2�E�Item 3) or 4) of the same paragraph is applicable and, according to the judgment of the Company, it will not be remedied within a reasonable period
3�E�Any provision of these GTC is breached
2. In case of termination of Membership in accordance with the preceding paragraph, remaining points shall not be refunded.
3. For whatever reasons, the Members cannot demand compensation or raise any claim against the Company in relationto the termination of the Membership in accordance with this Article.
Art. 12 Deletion of Contents and Information in case of Termination
1. Should the Service or the Membership be terminated for whatever reason, the Company may delete any and all contents and/or information related to the use of the Service by the pertinent Member without notice.
2. The Members shall neither object to the measures taken by the Company in accordance with the preceding paragraph nor demand compensation or raise any claim against the Company with regard to such measures.
Art. 13 Compensation for Damage
1. Although the Company shall make due effort for trouble-free operation of the Service, the Company shall not be liable for any damage arising out of or in relation to the Service, except where such damage is attributable to the intent or gross negligence of the Company.
2. Should the Company be liable for the damages in accordance with the preceding paragraph, the Company’s liability shall be limited only to the direct and usual damages. Compensation for spiritual damage, indirect damage such as lost profit or damages arising out of or in relation to unusual circumstances is explicitly excluded. The amount of the Company’s liability is limited to the sum of the money (price for points) received from the pertinent Member within 6 months before the incident causing the damage occurred.
Art. 14 Miscellaneous
1. The Membership may not be transferred, lent or disposed of in any way.
2. Notices from the Company to the Members shall be made to the registered email addresses and such notices shall be deemed to have reached the pertinent Member simultaneously with its dispatch. Even if the Member terminates use of the registered email address, the same shall apply until he/she registers the new email address.
3. Among the Service, the services provided free of charge is only provided as courtesy of the Company to the Members. Notwithstanding the provisions of these GTC, the Company shall not bear any obligation with regard to such services and the Members cannot raise any claim against the Company in this relation for whatever reason.
4. Any and all matters related to the Service shall be governed by and construed in accordance with the laws of Japan, without regard to the address, domicile or place of use of the Members.
5. For any and all disputes related to the Service, Tokyo District Court shall have the exclusive jurisdiction for the first instance.
Art. 15 Additional Provision
These GTC shall take effect as from November 1, 2012.