TERMS OF USE
TERMS OF USE
THIS TERMS OF USE (the “Terms of use”) constitutes a legal agreement governing the services (the “Services”) provided, and to be provided, by CLARION CO., LTD., (the “Company”). The Terms of use includes the Company’s Terms of Use and Privacy Policy which can be viewed by clicking the respective footer on the relevant pages of the portal site and are incorporated in the Terms of use by this reference. Please read the Terms of use (including Privacy Policy) carefully before registering for the use of the Services. If you do not agree to the Terms of use, you are not authorized to use the Services. Your use of the Services is conclusive evidence that you have agreed to the Terms of use.
| 1 |
Terms for Services. |
| (a) |
A “Member” is an individual registered for Services. |
| (b) |
A “User” is an individual using the Services. Users include Members and other individuals using the Services. Each Member agrees to advise any person using the Services with his or her approval that the User must agree to the Terms of use. |
| (c) |
The Company may alter, change, amend, modify or delete parts of the Terms of use from time to time without any prior notice to Users. The User agrees to review the Terms of use periodically to ensure that the User is aware of any modifications. The User’s continued access or use of the Services after modifications have become effective shall be deemed conclusive evidence of the modified terms. |
| (d) |
Any terms of use for sites linked to the Services or for particular Services supplement the Terms of use and, to the extent they are different, those terms of use govern the use of the linked site or particular Service by the Users. Please review any applicable terms of use before using the linked site or Services. |
| (e) |
The Terms of use governs the Services currently offered by the Company as well as any future Services offered to Members by the Company. |
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| 2 |
Fees. |
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The Company currently permits registration without charge. Fees are imposed for certain Services as reflected in their terms of use or as otherwise noted. The Company reserves the right to impose a fee on Services which are currently provided without charge. |
| 3 |
Registration. |
| (a) |
An individual registers for the Services and becomes a Member by following the procedures specified by the Company on the relevant pages and entering the required information. Each Member agrees that all information the Member provides to the Company during the registration process will be true, accurate, complete and current information. The Member agrees to promptly inform the Company of any change in this information in accordance with procedures as specified by the Company. |
| (b) |
Only one person may register as a Member for any single product unit. |
| (c) |
A Member’s rights under the Terms of use may not be assigned, transferred, delegated or encumbered in whole or in part. |
| (d) |
The Member shall be solely responsible for maintaining the confidentiality of his or her log on information and passwords. The Member is responsible and liable for any activities that occur under the Member’s ID. |
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| 4 |
Termination of Registration. |
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The Company may terminate an individual’s status as a Member or User and suspend providing Services, in whole or in part, to that individual, including deletion of the account of the Member and the information associated with that account, if: |
| (a) |
the Company believes that the individual has a previous record of violating applicable laws or regulations or of breaching the Terms of use or any terms of use for individual Services; |
| (b) |
the information provided by the individual is incomplete, contains false or erroneous information or lacks necessary information; |
| (c) |
the Company believes the Member is impersonating another person or otherwise misrepresenting the Member’s true identity; |
| (d) |
the Member’s password is illegitimately used or the Member permits any third party to use his or her passwords; |
| (e) |
the Member does not log in for a considerable period of time; |
| (f) |
the Company believes the Member has violated applicable laws and regulations or breached the Terms of use or any terms of use for other individual Services; or |
| (g) |
the Company determines, in its sole discretion, that the Member should not be permitted to use the Services. |
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Any termination of registration is at the Company’s sole discretion and the Company has no obligation whatsoever to disclose or to explain the reason for termination. Furthermore, the Company shall have no liability for possible damage incurred to or claimed to have incurred to the Member, any other User or any other person by reason of the termination of registration. |
| 5 |
Withdrawal from Membership. |
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A Member may withdraw from membership in accordance with the procedures specified by the Company. The application for withdrawal is deemed received on the day and at the time when the application is verified in accordance with procedures provided for in the Services. Upon receipt of the application, the Company will terminate the Services for the applicable Member and may delete all or any of the information associated with the Member’s account. |
| 6 |
Changes to Services. |
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Without any prior notice to the Users, the Company may, from time to time make additions and changes to, as well as partial deletion of various Services. The Company shall have no liability for any damage or claimed damages to the Member, any other User or any other person by reason of additions or changes to, or partial deletion of the Services. Please refer to terms of use for each relevant individual Service. |
| 7 |
Delay, Suspension and/or Discontinuation of Services. |
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Without any prior notice to the Users, the Company, may delay, suspend or discontinue the Services for any appropriate reason such as scheduled or unscheduled maintenance, system failure and the requirements of applicable laws or regulations. The Company shall not be liable to the Member, any other User or any other person by reason of delay, suspension or discontinuation of the Services. |
| 8 |
Termination of Services. |
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The Company may, terminate the whole or any part of the Services by notice given to the Members. The Company will use commercially reasonable efforts to give the Members notice in advance of termination. The notice may be given through publication at one or more places in the Services or by e-mails to the Members at their addresses registered with the Company. The Company shall not be liable for any damage, loss, lost profit, caused or claimed to have been caused by or in connection with the termination of the Services for any reason whatsoever. |
| 9 |
Advertising. |
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All advertising and promotions (including promotional prize contests) in the Services are the sole responsibility of the respective advertisers and shall not be construed as an endorsement by the Company of the content of the communication or the products or services advertised. Each User agrees that the Company shall have no liability therefor. |
| 10 |
Prohibited Conduct. |
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User expressly agrees to refrain from doing, either personally or through an agent, any of the following: |
| (a) |
Use any device or other means to harvest information about other Users. |
| (b) |
Transmit, install, upload or otherwise transfer any virus or other item or process to the Services that in any way affects the use, enjoyment, or performance of the Services. |
| (c) |
Transmit, install, upload, or otherwise transfer any virus or other item to the Services that in any way affects the use, enjoyment or service of any User’s or the Company employee’s computer or other medium used to access the Services. |
| (d) |
Post any material on the Services that is offensive to any other User. The Company maintains the exclusive right to determine what is offensive. |
| (e) |
Post or store on the Services any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents, and publicity rights). |
| (f) |
Modify the information, including headers, found on the Services. |
| (g) |
Transmit, install, upload, or otherwise transfer to the Services any unauthorized advertisement or communication. |
| (h) |
Engage in any action which the Company determines is detrimental to the use and enjoyment of the Services. |
| (i) |
Use the Services for any unlawful or defamatory means. |
| (j) |
Transmit, install, upload, post or otherwise transfer any information in violation of any applicable laws or post any information that could result in civil unrest. |
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| 11 |
Links. |
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The Company reserves the right to terminate any links to the Services. No User may mirror or frame any pages of the Services on any other site. |
| 12 |
Disclosure, Use and/or Statistical Analysis of Personal Information. |
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The Company may disclose, use and statistically analyze the personal information of a Member or another User, beyond use by the Company and its employees and agents: |
| (a) |
upon the request, which the Company believes to have been lawfully made, by courts, law enforcement authorities and other governmental agencies; |
| (b) |
if there is breach by the Member or the User of applicable laws or regulations, the Terms of use, or terms of use for individual Services, or in other cases if the Company determines the Member’s or the User’s acts to be an inappropriate use of the Services; |
| (c) |
if the Company considers disclosure or use necessary in order to protect the life, physical wellbeing or property of any person; |
| (d) |
if the Company considers disclosure or use necessary to protect the Company, the Services, any other Users or the rights of any third party; |
| (e) |
if disclosure is made in such a manner so that it does not contain personally identifiable information with respect to individuals; |
| (f) |
if disclosure is made to persons who require the personal information for the purpose of providing Services to the Users or to the Company and are bound to use the personal information provided by the Company solely within the scope their duties and not to further disclose that information; |
| (g) |
in case of transmitting mails giving operational notices in connection with the Services or the advertising function of the Services at the Company’s sole discretion; |
| (h) |
if the applicable User has given consent to disclosure and/or use of their personal information; |
| (i) |
if the Company judges disclosure and/or use of any personal information necessary in order to provide services which are desired by the User; |
| (j) |
in case of giving presentations regarding the Services to potential partners, advertisers and/or other third parties; |
| (k) |
in case of analyzing personal information for the purpose of improvement of the Services or for similar purposes; |
| (l) |
in case of transfer and/or assignment of business of the Company whereby transfer of the personal information is deemed necessary by the Company in order to continue the Services; or |
| (m) |
in any other cases whereby the Company judges reasonable and appropriate based on reasonable grounds to disclose the personal information for legitimate purposes. |
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| 13 |
Third Party Content. |
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The Company is not the publisher or speaker of any information through the Services that is provided by third-party content providers or by Users, and the Company is not liable for any claims related to that information. Any mention on the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by the Company. The Company assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on, or found through, the Services are solely between the User and the third parties, and are subject to any terms, conditions, warranties, or representations associated with those dealings. |
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THE COMPANY MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THE SERVICES THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SERVICES. ADDITIONALLY, THE COMPANY DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SERVICES WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THE SERVICES. IF YOU ACCESS ANY OF THIRD-PARTY WEB SERVICESS LINKED TO THE SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK. |
| 14 |
Copyright Protection. |
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The Company honors the intellectual property rights of others and asks the same of Users of the Services. The Company may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. |
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In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), the Company is registered with the U.S. Copyright Office as a Service Provider. Any notifications of claimed copyright infringement must be sent to the Company’s Designated Agent. If you believe your work has been infringed, please provide the Company’s Designated Agent with the following information: |
| (a) |
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; |
| (b) |
Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; |
| (c) |
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to identify the material; |
| (d) |
Information that is reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and if available, e-mail address; |
| (e) |
A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and |
| (f) |
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. |
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| 15 |
Disclaimer and Limitation of Liability. |
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The Users shall be solely responsible for their use of the Services. The Company explicitly disclaims its liability whatsoever or any responsibility for indemnification or compensation for the Users for any actual or claimed damage, loss or lost profit arising from or in connection with any use, or unavailability of use, of the Services by the Users. Although the Company has attempted to provide accurate information through the Services, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions in that information. |
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO THE USER. |
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USER ACCESSES THE SERVICES AT HIS OR HER OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER THE COMPANY NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OF, OR UNAVAILABILITY OF INFORMATION IN, OR CONTENT OF, THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS WARRANTS THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION PROVIDED THROUGH THE SERVICES AND EACH EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS AND OMMISSIONS IN THE INFORMATION. |
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IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE SERVICES, ANY COMPATIBILITY BETWEEN THE SERVICES AND THE USER’S FILES, AND THE USER’S BROWSER OR OTHER SERVICES ACCESSING PROGRAM. |
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THE PROVISIONS IN THIS PARAGRAPH 15 ARE APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF THE COMPANY, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF, USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. USER AGREES THAT THE COMPANY IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SERVICES. |
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USER AGREES NOT TO SEEK TO HOLD THE COMPANY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD-PARTY CONTENT PROVIDERS LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. |
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USER AGREES NOT TO SEEK TO HOLD THE COMPANY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SERVICES. |
| 16 |
Indemnification. |
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User understands and agrees that he or she is personally responsible for his or her behavior on this site. User agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, and assigns from and against all losses, expenses, damages, costs (including, but not limited to, direct, incidental, consequential, exemplary, punitive, and direct damages), reasonable attorneys’ fees, resulting from or arising out of the User’s use, misuse, or inability to use the site or any violation by the User of this Agreement. |
| 17 |
Miscellaneous. |
| (a) |
This Agreement constitutes the entire agreement between the Company and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between the Company and User dealing with the subject matter hereof is superseded. |
| (b) |
Upon User’s breach of this Agreement, the Company may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages as well as injunctive relief. The Company’s remedies are cumulative and not exclusive. Failure of the Company to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. |
| (c) |
User agrees that, regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. |
| (d) |
The Company makes no representation that the content of the site is appropriate or available for use in all locations. |
| (e) |
Users are responsible for compliance with all applicable local laws |
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| 18 |
Governing Laws and Jurisdiction. |
| (a) |
Except to the extent expressly provided in the following paragraph, the Terms of use and the relationship between the User and the Company shall be governed by the laws of Japan, excluding its conflicts of law provisions. The User and the Company agree to submit to the personal and exclusive jurisdiction of the district court situated in Tokyo, Japan to resolve any dispute or claim arising from the Terms of use or the Services. |
| (b) |
If the User: (i) is not a Japanese citizen; (ii) does not reside in Japan; (iii) is not accessing the Service from Japan; and (iv) is a citizen of one of the countries identified below, the User hereby agrees that any dispute or claim arising from the Terms of use or the Services shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and the User hereby irrevocably submits to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs: |
| (c) |
If the User is: |
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(i) Citizen of United States of America,
Governing law and forum is Laws of California, Orange County, California |
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(ii) Citizen of Any European Union country
Governing law and forum is Laws of Federal Republic of Germany, Federal Republic of Germany. |
| (d) |
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods. |
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This Terms of use was last revised as of October 15, 2008.
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