These Terms of Use (hereinafter referred to as “the Terms”) stipulate the terms of use of the services (hereinafter referred to as “the Services”) provided on this website by THX Partners Inc. (hereinafter referred to as “our company”). Registered users (hereinafter referred to as “Users”) must use the Services in accordance with these Terms.
Article 1 (Application)
- These Terms shall apply to all relationships between the User and the Company regarding the use of the Service.
- In addition to these Terms, the Company may make various provisions regarding the Service, such as rules for use (hereinafter referred to as “Individual Provisions”). Regardless of their name, these Individual Provisions shall constitute a part of these Terms.
- In the event that the provisions of these Terms conflict with the provisions of the Individual Provisions in the previous article, the provisions of the Individual Provisions shall take precedence unless otherwise specified in the Individual Provisions.
Article 2 (User Registration)
- For this service, registration is completed when the person who wishes to register agrees to these terms and conditions, applies for user registration in a manner specified by our company, and our company approves the application.
- If our company determines that the applicant for user registration falls under any of the following reasons, we may not approve the application for user registration, and we are not obligated to disclose the reasons.
i. If false information is reported when applying for user registration
ii. If the application is from a person who has previously violated these terms and conditions
iii. If our company otherwise determines that user registration is inappropriate.
Article 3 (Management of User ID and Password)
- Users shall be responsible for properly managing their user ID and password for this service.
- Users may not transfer or lend their user ID and password to a third party, or share them with a third party, under any circumstances. If a user ID and password combination matches the registered information and logs in, the Company will consider that the user who registered the user ID has used the user ID.
- The Company shall not be liable for any damages caused by a third party using the user ID and password, except in cases of willful misconduct or gross negligence on the part of the Company.
Article 4 (Prohibited acts)
When using this service, users are prohibited from engaging in the following acts.
- Actions that violate laws and regulations or public order and morals
- Actions related to criminal activities
- Actions that infringe on the contents of this service, copyrights, trademarks, and other intellectual property rights contained in this service
- Actions that destroy or interfere with the functions of the servers or networks of our company, other users, or other third parties
- Actions that commercially use information obtained through this service
- Actions that may interfere with the operation of our services
- Actions that illegally access or attempt to illegally access
- Actions that collect or accumulate personal information, etc. about other users
- Actions that use this service for illegal purposes
- Actions that cause disadvantage, damage, or discomfort to other users of this service or other third parties
- Actions that impersonate other users
- Promotion, advertising, solicitation, or sales activities on this service that are not approved by our company
- Actions aimed at meeting members of the opposite sex who have not met
- Actions that directly or indirectly provide benefits to anti-social forces in relation to our services
- Other actions that our company deems inappropriate
Article 5 (Suspension of provision of the Service, etc.)
- If the Company determines that any of the following events occur, the Company may suspend or interrupt provision of all or part of the Service without prior notice to the User.
i. When maintenance, inspection, or updates are performed on the computer system related to the Service
ii. When provision of the Service becomes difficult due to force majeure such as earthquakes, lightning, fires, power outages, or natural disasters
iii. When computers or communication lines, etc. are stopped due to an accident
iv. When the Company otherwise determines that provision of the Service is difficult - The Company shall not be liable for any disadvantage or damage suffered by the User or a third party due to the suspension or interruption of provision of the Service.
Article 6 (Restrictions on use and cancellation of registration)
- If the User falls under any of the following, the Company may restrict the User’s use of all or part of the Service or cancel the User’s registration without prior notice.
i. If you violate any provision of these Terms and Conditions
ii. If it is discovered that the registered information is false
iii. If you fail to pay your fees or other obligations
iv. If you do not respond to our contact for a certain period of time
v. If you have not used the Service for a certain period of time since your last use
vi. If the Company otherwise determines that your use of the Service is inappropriate - The Company shall not be liable for any damages incurred by the User as a result of any action taken by the Company under this Article.
Article 7 (Withdrawal)
Users may withdraw from the Service by following the withdrawal procedure stipulated by the Company.
Article 8 (Disclaimer of Warranty and Disclaimer)
- The Company does not guarantee, either explicitly or implicitly, that the Service is free from actual or legal defects (including defects related to safety, reliability, accuracy, completeness, validity, suitability for a specific purpose, security, etc., errors, bugs, infringement of rights, etc.).
- The Company shall not be liable for any damages incurred by the User as a result of the Service, except in cases where such damages are caused by the Company’s willful misconduct or gross negligence. However, this disclaimer shall not apply if the contract between the Company and the User regarding the Service (including these Terms) is a consumer contract as defined by the Consumer Contract Act.
- Even in the case set forth in the proviso of the preceding paragraph, the Company shall not be liable for any damages incurred by the User as a result of breach of contract or tort due to the Company’s negligence (excluding gross negligence), resulting from special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of the damages). Furthermore, compensation for damages incurred by the User due to breach of contract or tort caused by the Company’s negligence (excluding gross negligence) shall be limited to the amount of the service fee received from the User in the month in which the damage occurred.
- The Company shall not be liable for any transactions, communications, disputes, etc. arising between the User and other Users or third parties in relation to the Service.
Article 9 (Changes to the Service Content, etc.)
The Company may change, add, or abolish the content of the Service with prior notice to the User, and the User agrees to this.
Article 10 (Changes to the Terms of Use)
- The Company may change these Terms of Use without the User’s individual consent in the following cases.
i. When the change to these Terms of Use is in the general interest of the User.
ii. When the change to these Terms of Use is not contrary to the purpose of the Service Agreement and is reasonable in light of the necessity of the change, the appropriateness of the changed content, and other circumstances related to the change. - When changing these Terms of Use pursuant to the preceding paragraph, the Company will notify the User in advance of the change to these Terms of Use, the content of the changed Terms of Use, and the effective date of the change.
Article 11 (Handling of Personal Information)
The Company shall handle personal information acquired through the use of this service appropriately in accordance with the Company’s “Privacy Policy”.
Article 12 (Notification or Contact)
Notification or contact between the User and the Company shall be made in the manner specified by the Company. The Company shall notify or contact the User via the currently registered contact information, assuming that the contact information is valid, unless the User notifies the Company of a change in accordance with the method separately specified by the Company, and shall assume that the notification or contact has been received by the User at the time of sending.
Article 13 (Prohibition of Transfer of Rights and Obligations)
The User may not transfer or pledge to a third party the status under the Service Agreement or the rights or obligations under these Terms and Conditions without the prior written consent of the Company.
Article 14 (Governing Law and Jurisdiction)
- The interpretation of these Terms and Conditions shall be governed by Japanese law.
- In the event of a dispute regarding this service, the court with jurisdiction over the location of the Company’s head office shall have exclusive jurisdiction.