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The services of LightPocket (hereinafter referred to as the "the Service(s)") are provided by LightPocket (the "Company") under the following Terms and Conditions (the "Terms and Conditions").
These Terms and Conditions form the agreement between you and the Company (the "Service Agreement" ) that applies to all the Services provided by the Company to you. Please read them carefully as by using the services of LightPocket (the "Website"), you are accepting to all the followings.
If there is any conflict between these Terms and Use or any other description of the Services not provided herein, these Terms and Conditions will prevail. We reserve the right to amend these Terms and Conditions at any time.
A person wishing to use the Services (a "Candidate") may apply to the Company for registration to use the Services by agreeing to comply herewith and providing certain information as specified by the Company (the "Registration Information") in accordance with such manner as may be prescribed by the Company.
The Company shall determine whether to register a Candidate who made an application pursuant to the first paragraph of this Article 1 (an "Applicant") in accordance with the Company's criterion, and shall notify the Applicant of its approval, if the Company to do so. The Applicant's registration as a registered user (a "Registered User") shall be completed upon the notice by the Company pursuant to this paragraph.
Upon completion of the registration pursuant to the foregoing paragraph, the Service Agreement shall become effective between the Registered User and the Company, allowing the Registered User to use the Services pursuant to these Terms and Conditions.
The Company reserves the rights to refuse registration or re-registration of any Applicant without any obligation to disclose the reasons, in the event that:
(i) Any or all of the Registration Information provided by the Applicant to the Company is found to be false, inaccurate or omitted;
(ii) The Applicant is a minor, adult ward, or person under curatorship or assistance, for which approval has not been obtained from such Applicant's legal representative, guardian, curator or assistant;
(iii) The Applicant was determined by the Company to (1) constitute an organized crime group or a member thereof, rightist organization, anti-social force, or other similar person or entity ("Antisocial Force"), or (2) assist or be involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means;
(iv) The Applicant was determined to have been in violation of any agreements with the Company, or to have involvement with a defaulting party of any such agreement.
(v) In addition to the foregoing, the Company deems the registration inappropriate.
The Registered User shall promptly notify the Company of any change to the Registration Information in accordance with such manner as prescribed by the Company.
The Registered User shall be responsible for keeping and maintaining its password and user ID for the Services in an appropriate manner, and may not cause a third party to use, or provide, transfer, change the name of, sell or otherwise dispose of, the same. The Registered User shall be, and the Company shall in no event be, liable for damages arising out of inappropriate management, misuse, or use of the Registered User’s password or user ID by a third party.
1. Any and all IP Rights related to the Website and the Services are expressly reserved by the Company or the Company's licensor. Nothing contained herein shall be construed as granting to the Registered User of the IP Rights owned by the Company or the Company's licensor.
2. The Registered User hereby represents and warrants to the Company that it has lawful rights to post or otherwise transmit posted data, meaning any content (the "Posted Data"), and that the Posted Data so posted does not infringe any third party’s rights.
3. The Registered User hereby grants to the Company a worldwide, non-exclusive, royalty-free, and sublicensable and transferable license to use, reproduce, distribute, make, express, and create derivative works of the Posted Data. In addition, the Registered User hereby grants to the other Registered Users a non-exclusive license to use, reproduce, distribute, make, express and create derivative works of the Posted Data posted or otherwise transmitted by the Registered User using the Services.
4. The Registered User hereby agrees not to exercise moral rights against the Company or any other person who succeeded to the same from the Company or licensee thereof.
The company makes no representation or warranty of any kind, express or implied, with respect to the Services (including but not limited to any representation or warranty (i) of fitness or suitability for a particular purpose contemplated by the Registered User, (ii) that the Services have expected functions, commercial value, accuracy, or usefulness, (iii) that the use by the Registered User of the Services complies with the laws and regulations applicable to the Registered User or any internal rules established by the industrial organizations, and (iv) that the Services will be free of interruption or defects).
Under no circumstances shall the Company be liable for any damages incurred by the Registered User arising out of discontinuance, suspension, termination, unavailability, or modification by the Company of the Services, cancellation or loss of messages or information transmitted by the Registered User to the Services, deletion of the registration of the Registered User, loss of registered data or failure of or damage to equipment through the use of the Services, or otherwise in connection with the Services ("Damages").
The Company shall not be liable for any amount exceeding the consideration paid by the Registered User to the Company for the immediately previous 12 months in relation to Damages incurred by the Registered User that are attributable to the Company for any reasons whatsoever. Under no Circumstances shall the company be liable for incidental, indirect, special, future damages and lost profits.
The Company shall not in any way be liable for transactions, communications or disputes arising between the Registered User and other Registered Users or a third party in connection with the Services or the Website,
When using the Services hereunder, the Registered User may not conduct any of the following acts or any act that the Company determines falls under any of the following:
(1) acts that violate any laws or regulations or that are associated with criminal activity;
(2) acts that defraud or threaten the Company, other Registered Users or other third parties;
(3) acts against public order and good morals;
(4) acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or profit of the Company, other Registered Users or other third parties;
(5) acts that place an excessive burden on the network or system of the Services;
(6) acts that threaten to interrupt the operation of the Services;
(7) acts to access or attempt to access the system or network of the Services improperly.
(8) acts to impersonate a third party;
(9) acts to use the user ID or password of other users of the Services;
(10) acts of exploitation, advertisement, soliciting or marketing without the Company's prior consent;
(11) acts to collect information of other users of the Services;
(12) acts that cause disadvantage, damage or uncomfortable feelings to other users of the Services or other third parties;
(13) acts to provide Antisocial Forces with profit;
(14) acts that are intended to encounter unacquainted persons of the opposite sex;
(15) acts that, directly or indirectly, evoke or facilitate acts listed in the preceding items; or
(16) other acts that the Company deems to be inappropriate.
1. The Company may, without prior notice or demand, delete the Posted Data, or temporarily suspend the use by the Registered User of the Services, cancel the Registered User's registration as such or terminate the Service Agreement, in the event of any of the following:
(i) The registered User failed to comply with any of provisions hereof;
(ii) Any of the Registration Information is found to be false;
(iii) The Registered User underwent payment suspension or became insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure was filed against the Registered User;
(iv) The Registered User has not responded to inquiries from the Company or other communications requiring its response for 30 days or more;
(v) The registered User falls under any of subparagraphs of Article 1.4; or
(vi) In addition to the foregoing, if the Company determined that it is not inappropriate for the Registered User to use the Services, maintain its registration as a Registered User, or have the Service Agreement remain in effect.
2. If one or more of events specified above occurred, all amounts owed to the Company by the Registered User shall be automatically accelerated, and the Registered User shall immediately pay to the Company such amounts in full.
3. The Company shall not be liable for any damages incurred by the Registered User arising out of, or in connection with, any actions taken by the Company pursuant to this Article 7.
1. The Company shall be entitled to, without any advance notice to the Registered User, suspend or discontinue the Services, in whole or in part, in the event that:
(ⅰ) Inspection or maintenance of the computer system for the Services needs to be performed due to urgent circumstances;
(ⅱ) Computers or communication lines have been disrupted due to an accident;
(ⅲ) The Company becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
(ⅳ) The Company determines that suspension or discontinuance is required for other reasons.
2. Under no circumstances shall the Company be liable for any damages incurred by the Registered User arising out of any measures taken by the Company pursuant to this Article 9.
1. The Registered User may withdraw from the Services and cancel its registration as a Registered User by giving notice to the Company to that effect and pursuant to such manner as specified by the Company.
2. Upon withdrawal, all amounts then due and payable from the Registered User, if any, shall be automatically accelerated, and the Registered User shall immediately pay to the Company such amounts in full.
3. Treatment of user information after the withdrawal shall be subject to the provisions of Article 13.
1. The Company shall be entitled to at any time modify or terminate the Services in its own discretion. The Company shall notify in advance the Registered User of any intended termination by the Company of the Services.
2. The Company shall not be liable for any damages incurred by the Registered User arising out of, or in connection with, any actions taken by the Company pursuant to this Article 11.
The Registered User shall keep confidential any and all non-public information disclosed by the Company to the Registered User for which the Company has imposed on the Registered User a confidentiality obligation in connection with the Services, unless the Registered User has obtained prior written approval from the Company.
2. The Company may, in its sole discretion, use or make public any information or data provided by the Registered User to the Company as statistical information in a form that cannot identify an individual, and the Registered User may not challenge or dispute such use.
The Company reserves the right to amend or change these Policies. In the event of any amendment or change to these Policies, the Company shall notify the Registered User thereof. If the Registered User uses the Services, or fails to take steps to cancel its registration within the time specified by the Company after the notice set forth above, the Registered User shall be deemed to have agreed to such amendment or change to these Policies.
Any inquiries with respect to the Services or other communications or notices from the Registered User to the Company, or the notices concerning any amendment to these Policies or other communications or notices from the Company to the Registered User shall be made in accordance with the procedures specified by the Company.
1. The Registered User shall not assign, transfer, grant security interests in or otherwise dispose of its status under the Service Agreement or its rights or obligations under these Policies without prior written consent of the Company.
2. In cases where the Company has assigned the business regarding the Services to a third party, the Company may, as part of such assignment, assign to such third party its status under the Service Agreement, its rights and obligations under these Policies, and the Registration Information and other information relating to the Registered User, and the Registered User hereby agrees to such assignment in advance. For the purposes of this Article 16.2, the business assignment referred to above shall include, in addition to the usual form of business assignment, a split of the company or any other form of restructuring of the company that would result in business transfer.
If any provision of these Policies or part thereof is held to be invalid or unenforceable under the Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof shall remain in full force and effect.
1. These Policies shall be governed by the laws of Japan. If there are sales of goods in the Services, the United Nations Convention on Contracts for the International Sales of Goods (CISG) shall not apply.
2. Any and all disputes arising out of or in connection with these Policies shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.
[Prescribed on 2018/04/23]