Terms of Use

The following terms of use (hereinafter referred to as the “Terms”) are stipulated by Existence Co., Ltd. (hereinafter referred to as the “Company”) as the terms and conditions pursuant to which the services (hereinafter referred to as the “Service(s)”) being offered through this Website may be used.

 

All registered users (hereinafter referred to as the “User(s)”) of this Website may use the Services in compliance with these Terms.

 

 

ARTICLE 1  APPLICATION

 

These Terms shall apply to all matters pertaining to relations between Users’ and the Company concerning use of the Services.

 

 

ARTICLE 2  REGISTRATION

 

A person intent on becoming a registered User shall apply for registration through the procedure as specified by the Company, and if the Company approves, the registration shall be deemed complete.

 

If the Company deems that any of the conditions specified below are present with any individual that is applying for registration, the Company reserves the right to deny the registration, in which case the Company will not be obligated to disclose any information on the reason for denial:

 

(1) if the registration application contains any false information;

 

(2) if the application is filed by an individual that previously violated these Terms; or

 

(3) if the Company otherwise deems it inappropriate to approve the registration based on any other grounds.

 

ARTICLE 3  MANAGEMENT OF USER ID AND PASSWORD

 

Each User shall manage his/her User ID and password for use of the Services at his/her sole responsibility.

 

A User may not transfer or loan his/her User ID and password to a third party under any circumstances. If a log-in is made using the correct user ID and password of a User that matches the User’s registered information, such use shall be deemed to have been made by the User himself/herself.

 

 

ARTICLE 4  USAGE FEE AND PAYMENT METHOD

 

Each User shall pay to the Company the usage fee as separately specified by the Company and indicated on this Website for its use of the Services, by the payment method as specified by the Company.

 

If a User fails to pay the usage fee by the due date, a late payment penalty will be additionally charged to the User at an annual rate of 14.6%.

 

ARTICLE 5  PROHIBITED MATTERS

 

Users are prohibited from engaging in any of the following acts in connection with use of the Services:

 

(1) act that is in violation of any law or disruptive to public order or good morals;

 

(2) act that is associated with a criminal act;

 

(3) act that is destructive or disruptive to any of the Company’s computer servers or network functions;

 

(4) act that could disrupt the Company’s service operation;

 

(5) act of gathering or accumulating personal information, etc. pertaining to other Users;

 

(6) act of falsely assuming another User’s identity;

 

(7) act of providing direct or indirect benefit to an antisocial force in connection with the Company’s services; or

 

(8) any other act that is deemed inappropriate by the Company.

 

 

ARTICLE 6  SUSPENSION OF PROVISION OF THE SERVICES, ETC.

 

If the Company deems that any of the circumstances as set forth below has arisen, the Company may suspend or interrupt its provision of the Services entirely or partially without notifying Users in advance:

 

(1) if it becomes necessary for the Company to perform maintenance, inspection, or updating of the computer system that is related to the Services;

 

(2) if an earthquake, lightning strike, fire, power outage, or another natural disaster or other force majeure occurs thereby making it difficult for the Company to continuously provide the Services;

 

(3) if any related computer, telecommunication line, etc. stops its normal operation due to an accident; or

 

(4) if the Company otherwise deems it difficult to continuously provide the Services.

 

If the Company’s provision of the Services is suspended or interrupted and any negative effect or damage is caused to Users or any third party, the Company shall be exempted from all responsibility to compensate for such effect or damage regardless of the circumstances.

 

 

 

 

 

 

 

 

ARTICLE 7  RESTRICTION ON USE AND REVOCATION OF REGISTRATION

 

If any of the circumstances as set forth below arises with a User, the Company may restrict the User’s use of the Services entirely or partially or revoke the User’s registration without prior notice:

 

(1) if the User is found to have violated any of these Terms;

 

(2) if the registration information submitted by the User is found to contain any false information; or

 

(3) if the Company otherwise deems it inappropriate to allow the User to use the Services.

 

If any action taken by the Company pursuant to this ARTICLE causes damages to a User, the Company shall be exempted from all responsibility to compensate for damages.

 

 

ARTICLE 8  DISCLAIMERS

 

Even if the Company fails to perform its contractual duties, the Company shall be fully indemnified from and against the consequences of such non-performance, unless it is caused by the Company’s intentional act or gross negligence.

 

Even if the Company is required to take responsibility for its non-performance of contractual duties, etc. with any User for any reason, its liability to compensate shall be limited to ordinary damage, which shall not exceed the fees paid by the User if it’s a fee-based service (which shall be limited to one month’s worth of fee if it’s a continuous service).

 

The Company shall be exempted from any responsibility for transactions, communications, disputes, etc. that may take place among Users or between Users and third parties in connection with the Services.

 

 

 

 

 

ARTICLE 9  MODIFICATION OF THE SERVICES, ETC.

 

The Company reserves the right to modify the Services or suspend provision of the Services at any time without notifying Users. The Company shall be exempted from all responsibility for any damage that the Users may suffer as a result of the Company’s Service modification or suspension.

 

 

ARTICLE 10  AMENDMENT OF THE TERMS OF USE

 

The Company may amend these Terms at any time without notifying Users if the Company deems it necessary to do so.

 

 

ARTICLE 11  NOTICES AND COMMUNICATIONS

 

All notices and communications between Users and the Company shall take place through the methods specified by the Company.

 

 

ARTICLE 12  PROHIBITION ON ASSIGNMENT OF RIGHTS AND OBLIGATIONS

 

Users are prohibited from assigning or pledging to a third party their status under the service use contract or any of their rights or obligations under these Terms, unless the prior written consent of the Company is obtained.

 

 

ARTICLE 13  GOVERNING LAW AND JURISDICTION

 

These Terms shall be construed in accordance with the laws of Japan.

 

If any dispute arises in connection with the Services, it shall be submitted to the exclusive jurisdiction of the court having jurisdiction in the place where the Company’s head office is located.