TermsTerms of Use
- Preface
These terms and conditions of use (hereinafter referred to as the “Terms and Conditions”) shall be governed by and construed in accordance with the laws of Japan. This Terms of Use Agreement (hereinafter referred to as the “Agreement”) applies to the services (hereinafter referred to as the “Services”) provided by IMS JAPAN inc. (hereinafter referred to as the “Institution”), sets forth the terms and conditions of use of the services provided by IMS Japan KK (hereinafter referred to as the “Service”) on this website. (hereinafter referred to as “IMS Japan”) provides on this website (hereinafter referred to as “the Service”).
All users (hereinafter referred to as “Users”) are required to use the Service in accordance with these Terms of Use. Users (“Users”) are requested to use the Service in accordance with these Terms of Use.
- Article 1 (Application)
- These Terms of Use shall apply to all relationships between the User and the Facility in relation to the use of the Service.
- The User agrees to use the Service upon agreeing to these Terms of Use, and when the User agrees to these Terms of Use, these Terms of Use become the contractual content of both parties.
- In addition to these Terms of Use, the facility may establish various rules and regulations regarding the use of this service (hereinafter referred to as “Individual Regulations”). These individual provisions, regardless of their name, shall constitute a part of these Terms and Conditions. Regardless of the name of these Individual Regulations, they shall constitute a part of these Terms and Conditions.
- In the event of any conflict between the provisions of these Terms and Conditions and the individual provisions of the preceding Article, the provisions of the individual provisions shall take precedence unless otherwise specified in the individual provisions.
- Article 2 (Prohibited Matters)
- Acts that violate laws and regulations or public order and morals
- Conduct related to criminal activity
- Acts that infringe on copyrights, trademarks, or other intellectual property rights contained in this service, including the contents of this service.
- Any action that destroys or interferes with the functionality of the server or network of this facility, other users, or any other third party.
- Commercial use of information obtained through this service
- Actions that may interfere with the operation of the facility’s services
- Unauthorized access or attempts to gain unauthorized access
- Collecting or accumulating personal information about other users.
- Use of the Service for any unauthorized purpose.
- Acts that cause disadvantage, damage, or discomfort to other users of the Service or other third parties
- Impersonating another user
- Advertising, publicity, solicitation, or sales activities on the Service that are not authorized by this facility.
- Aiming to meet someone of the opposite sex whom you are not acquainted with
- Acts of providing benefits directly or indirectly to antisocial forces in relation to the services provided by this facility.
- Other activities that the facility deems inappropriate
- Article 3 (Suspension of Provision of the Service, etc.)
- The Facility reserves the right to suspend or discontinue all or part of the Service without prior notice to the User for any of the following reasons
- When performing maintenance inspections or updating of computer systems related to this service
- In the event that provision of this service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disasters.
- In the event of computer or communication line outage due to accident
- In any other cases in which this facility deems it difficult to provide this service.
- The facility shall not be liable for any disadvantage or damage incurred by the user or any third party due to the suspension or interruption of the provision of this service.
- The Facility reserves the right to suspend or discontinue all or part of the Service without prior notice to the User for any of the following reasons
- Article 4 (Restriction of Use)
- The Facility may, without prior notice, restrict the User from using all or part of the Service if the User falls under any of the following.
- Violation of any of the provisions of these Terms and Conditions
- If you do not respond to our communications for a certain period of time
- In any other cases in which this facility deems the use of this service to be inappropriate.
- The facility shall not be liable for any damages incurred by the user as a result of actions taken by the facility in accordance with this Article.
- The Facility may, without prior notice, restrict the User from using all or part of the Service if the User falls under any of the following.
- Article 5 (Disclaimer of Warranty and Disclaimer of Liability)
- This facility does not warrant, expressly or impliedly, that the service will be free from defects in fact or law (including defects in safety, reliability, accuracy, completeness, effectiveness, fitness for a particular purpose, security, etc., errors or bugs, infringement of rights, etc.). No warranty, express or implied, is made that the Service is free from defects in fact or law (including, but not limited to, defects in safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security, etc., errors or bugs, or infringement of rights).
- The facility shall not be liable for any damages incurred by the user arising from the service, except in cases of intentional or gross negligence on the part of the facility. However, if the contract between the facility and the user regarding the service (including this agreement) is a consumer contract as defined in the Consumer Contract Act, this disclaimer of liability shall not apply. However, this disclaimer does not apply if the contract between the facility and the user regarding the service (including this agreement) is a consumer contract as defined in the Consumer Contract Act.
- (2) Even in the case of the proviso of the preceding paragraph, the facility shall not be liable for damages arising out of special circumstances (including cases where the facility or the user foresaw or could have foreseen the occurrence of the damages), damages arising out of default of the facility due to negligence (excluding gross negligence) or tort. The facility shall not be liable for any damages arising out of special circumstances (including cases where the facility or the user foresaw or could have foreseen the occurrence of damages), even in the case of the proviso of the preceding paragraph. The facility shall not be liable for any damage arising from special circumstances (including cases where the facility or the user foresaw or could have foreseen the occurrence of damage). In addition, the facility shall not be liable for any damages arising out of negligence (excluding gross negligence), default by the facility, or torts. In addition, compensation for damages incurred by the User due to default or tort caused by the negligence (excluding gross negligence) of the facility shall be limited to the amount of the usage fee received from the User for the month in which the relevant damages occurred.
- This facility shall not be responsible for any transactions, communications, or disputes between the user and other users or third parties in connection with the Service.
- Article 6 (Change of Service Contents, etc.)
The Facility shall be free to change, add or discontinue the Service at any time.
- Article 7 (Modification of Terms of Use)
- The Facility reserves the right to modify these Terms and Conditions without requiring the individual consent of the User in the following cases
- (2) when the modification of these Terms and Conditions is compatible with the general interest of the User; or
- (iii) the modification of these Terms of Use is not contrary to the purpose of the agreement for use of the Service (hereinafter referred to as the “Agreement”); and (ii) the modification is not contrary to the purpose of this Service Agreement (hereinafter referred to as the “Service Agreement”) and is reasonable in light of the necessity of the modification, reasonableness of the modified content, and other circumstances pertaining to the modification.
- User’s use of the Service after any modification of these Terms of Use shall be deemed to constitute User’s agreement to such modification of these Terms of Use.
- The Facility reserves the right to modify these Terms and Conditions without requiring the individual consent of the User in the following cases
- Article 8 (Handling of Personal Information)
The facility shall appropriately handle personal information obtained through the use of this service in accordance with the facility’s “Privacy Policy”.
- Article 9 (Prohibition of Assignment of Rights and Obligations)
The User may not assign its position under the User Agreement or its rights or obligations under these Terms of Use to a third party or offer them as security without the prior written consent of the Facility.
- Article 10 Other Disclaimer
- The facility shall not be liable for any and all damages caused by the user’s inability to use the service.
- In the event that a user causes damage to a third party through the use of this service, the user shall settle the matter at the user’s own responsibility and expense, and shall not cause any trouble to the facility, except in cases where the damage is attributable to the facility.
- The user shall bear the costs related to the installation of equipment and communication devices necessary for the user to use the Service, as well as telephone charges, LAN and other usage fees and application fees required for the use of the Service.
- Users shall use the following recommended browsers to use this service. The facility shall not be responsible for any problems caused by the use of browsers other than those recommended by the facility, nor shall the facility accept any questions.
Recommended browser PC
Windows】 OS :Windows 10 or higher
Browser : Google Chrome latest version / Edge latest version / Firefox latest versionMacintosh】 OS : Mac OS X latest version
Browser : Google Chrome latest version / Safari latest versionRecommended browser Smartphone
iOS】 OS : iPhone iOS latest version
Browser : Google Chrome latest version / Safari latest versionAndroid】 OS : Android OS latest version
Browser : Google Chrome latest version - Article 11 (Governing Law and Jurisdiction)
- These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.
- In the event of any dispute arising in connection with the Service (including court mediation procedures), the Saitama District Court having jurisdiction over the location of the head office of the Facility shall have exclusive jurisdiction. The Saitama District Court, which has jurisdiction over the location of the head office of the facility, shall have exclusive jurisdiction over any disputes arising in connection with this service (including court mediation procedures).