This Terms of Use Agreement (hereinafter referred to as the "Agreement") sets forth the terms and conditions of use of the services (hereinafter referred to as the "Service") provided by Plübmind Corporation (hereinafter referred to as the "Company") on this website.
Registered users (hereinafter referred to as "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 Company regarding the use of the Service. In addition to the Terms of Use, the Company may establish various rules and regulations regarding the use of the Service (hereinafter referred to as "Individual Regulations"). In addition to the Terms of Use, the Company may also establish rules for the use of the Service (hereinafter referred to as "Individual Rules"). Regardless of the name by which these Individual Regulations are called, they shall constitute a part of this Agreement. In the event that any provision of this Agreement conflicts with any provision of the Individual Regulations, unless otherwise specified in the Individual Regulations, the provisions of the Individual Regulations shall take precedence over this Agreement.
Article 2 (Registration)
Registration for use of the Service shall be completed when an applicant agrees to the Terms of Use and applies for registration for use of the Service in a manner specified by the Company, and when the Company approves the application. If the Company determines that the applicant has any of the following reasons, the Company may not approve the application for registration, and shall not be obligated to disclose the reasons for such denial. If the applicant has provided false information when applying for registration. If the application is from a person who has violated these Terms of Use. If the Company otherwise deems the registration to be inappropriate.
Article 3 (Management of User ID and Password)
The User shall properly manage his/her user ID and password for the Service at his/her own responsibility. User shall not, under any circumstances, transfer or lend User ID and password to a third party, or share them with a third party. When a user logs in with the same combination of user ID and password as the registered information, the Company shall consider the use of the Service to be by the user who has registered the user ID. The Company shall not be liable for any damage caused by the use of a user ID and password by a third party, except in the case of willful misconduct or gross negligence on the part of the Company.
Article 4 (Fees and Method of Payment)
The User shall pay the usage fee for the paid portion of the Service, which is separately determined by the Company and displayed on the Website, by the method designated by the Company. If the User delays payment of the usage fee, the User shall pay a late fee at the rate of 14.6% per annum.
Article 5 (Prohibited acts)
Users shall not engage in any of the following acts when using the Service. Acts that violate laws and ordinances or public order and morals Acts that are related to criminal acts Acts that infringe on copyrights, trademarks, or other intellectual property rights contained in the Service, such as the contents of the Service Acts that destroy or interfere with the functions of servers or networks of the Company, other Users, or other third parties Acts that attempt to use information obtained through the Service for commercial purposes Acts that may interfere with the operation of the Company's Service Acts that may interfere with the operation of the Company's services Acts that provide or attempt to provide unauthorized access Acts that collect or accumulate personal information about other users Acts that use the Service for unauthorized purposes Acts that cause disadvantage, damage, or discomfort to other users of the Service or other third parties Acts that cause disadvantage, damage, or discomfort to other users of this service or other third parties Acts that impersonate other users Acts that advertise, advertise, solicit, or conduct sales activities on this service that are not authorized by this company Acts that aim to meet unacquainted members of the opposite sex Acts that provide benefits directly or indirectly to anti-social forces in relation to our services Other acts that we deem inappropriate Other acts that we deem inappropriate.
Article 6 (Suspension of this Service, etc.)
In the event that the Company deems any of the following to exist, the Company may suspend or discontinue provision of all or part of the Service without prior notice to the user. (1) When maintenance, inspection, or updating of computer systems related to the Service is performed (2) When provision of the Service becomes difficult due to force majeure such as earthquake, lightning, fire, power outage, or natural disaster (3) When computers or communication lines are stopped due to accident (4) When the Company judges that provision of the Service is difficult for any other reason The Company shall not be liable for any disadvantage or damage incurred by the User or a third party due to the suspension or interruption of the provision of the Service.
Article 7 (Restriction of Use and Cancellation of Registration)
We reserve the right to restrict a user's use of all or part of the Service or terminate the user's registration without prior notice in any of the following cases.
- The User has violated any of the provisions of this Agreement.
- When it is found that there is a false fact in the registration information
- In the event of default in payment of fees and other obligations.
- When there is no response to communications from us for a certain period of time
- In the event that there has been no use of the Service for a certain period of time since the last use of the Service
- In any other cases where we deem the use of this service to be inappropriate.
We shall not be liable for any damages incurred by the user as a result of actions taken by us in accordance with this Article.
Article 8 (Withdrawal from membership)
The User may withdraw from the Service by following the withdrawal procedure specified by the Company.
Article 9 (Disclaimer of Warranty and Disclaimer of Liability)
We make no warranty, express or implied, that the Service is free from defects in fact or in law (including safety, reliability, accuracy, completeness, validity, fitness for a particular purpose, security or other defects, errors or bugs, infringement of rights, etc.). We shall not be liable for any and all damages incurred by the user arising from the service, except in the case of intentional or gross negligence on our part. However, this disclaimer does not apply when the contract between the Company and the user regarding the Service (including this agreement) is a consumer contract as defined in the Consumer Contract Act. Even in the case of the proviso of the preceding paragraph, SBM shall not be liable for any damage arising from special circumstances (including cases in which SBM or the user foresaw or could have foreseen the occurrence of damage) among damages caused by default or tort due to negligence (excluding gross negligence) of SBM. The Company shall not be liable for any damage arising out of special circumstances (including cases where the Company or the User foresaw or could have foreseen the occurrence of damage). In addition, compensation for damages incurred by a user due to default or tort caused by our company's negligence (excluding gross negligence) shall be limited to the amount of usage fees received from the user for the month in which the relevant damages occurred. We shall not be liable for any transaction, communication, or dispute between a user and another user or a third party in connection with the Service.
Article 10 (Change of Service Contents, etc.)
We may change, add, or discontinue the Service with prior notice to the User, and the User agrees to such changes, additions, or discontinuation.
Article 11 (Modification of Terms of Service)
The Company may change the Terms of Use without requiring the individual consent of the User in the following cases (1) the modification of the Terms of Use is in the general interest of the User; or (2) When the modification of these Terms of Use is not contrary to the purpose of the Service Usage Agreement, and is reasonable in light of the necessity of the modification, reasonableness of the modified contents, and other circumstances pertaining to the modification. In amending the Terms of Use in accordance with the preceding paragraph, the Company shall notify the User in advance of the amendment, the contents of the amended Terms of Use, and the effective date of the amendment.
Article 12 (Handling of Personal Information)
The Company shall appropriately handle personal information obtained through the use of the Service in accordance with the Company's "Handling of Personal Information.
Article 13 (Notification or Communication)
Notification or communication between a user and the Company shall be made by the method prescribed by the Company. Unless a user notifies us of a change according to a method separately determined by us, we will assume that the currently registered contact address is valid and send notices or communications to that address, which will be deemed to have reached the user at the time they are sent.
Article 14 (Prohibition of transfer of rights and obligations)
The User may not assign his/her position in the service contract or rights or obligations under this Agreement to a third party or offer them as security without prior written consent of the Company.
Article 15 (Governing Law and Jurisdiction)
The Terms of Use shall be governed by and construed in accordance with the laws of Japan. Any disputes arising in connection with the Service shall be subject to the exclusive jurisdiction of the court having jurisdiction over the location of the Company's head office.
