Article 1 (Purpose)
Article 2 (Definitions)
The definitions of terms used in the Terms will be as stipulated in each of the items below.
(1) “Services” refers to the various services provided through the comprehensive technical information site “BizRobo! Portal” (hereinafter referred to as the “Site”), which is related to BizRobo and managed and operated by the Company.
(2) “User” refers to a person who has agreed to the Terms in order to use the Services.
(3) “Account” refers to the right to use the Services that was granted to a user.
(4) “User ID” refers to a code that the Company issues in order to identify a user.
(5) “Password” refers to a code that is used in combination with a user ID in order to identify a user.
Article 3 (Use of the Services)
- The user can use his or her own user ID and the password issued by the Company in advance to log in to the Site.
- After the initial log-in, the user is to register the information related to the user him or herself (hereinafter referred to as the “User Information”) that is requested by the Company.
- In some cases, the Company will not provide all or a portion of the Services to a user who has not registered his or her User Information or who otherwise does not fulfill the conditions that the Company judges as necessary.
- In the event that the Company judges that it is necessary, the Company can, at any time and without notifying users in advance, change all or a portion of the content of the Services or suspend provision of the Services. Even if any disadvantage or damage arises for a user as a result of such a thing, the Company will not bear any liability.
Article 4 (User Information and accounts)
- The user is to provide true, accurate, and complete User Information and make corrections so that it will always be the most up-to-date information.
- The user is to strictly manage his or her account, at his or her own liability, so that it will not be fraudulently used.
- An account for the Services will attribute exclusively to one user, and it is not possible to transfer or loan it to a third party, have a third party succeed to it, or share it with a third party.
Article 5 (Changes in User Information)
- In the event that there is a change in a user’s User Information, he or she is to immediately use the Company’s prescribed method to conduct procedures to change the User Information.
- In the event that the user incurs any disadvantage because he or she did not appropriately conduct the change procedures of Article 5.1, the Company will not bear any liability.
Article 6 (Password management)
- The user is to take sufficient care in managing the password that was set for conducting user registration, and in the event that his or her User Information is leaked to a third party because the password was misused, the Company will not bear any liability.
- In the event that the password that was registered is forgotten, access to the user’s User Information will be allowed through the procedures stipulated by the Company. In the event that a leak to a third party occurs because the Company allowed access to the User Information according to those procedures, the Company will not bear any liability.
- In the event that the Services are used by using the user ID and password that were registered by a user, the Company can deem that such use was by the relevant user, and the user is to bear any liability related to that use.
- Even in the event that misuse or elimination of User Information occurs, excluding cases in which a user incurs damage due to the Company’s deliberate intention or gross negligence, the Company will not bear any liability.
Article 7 (Paid services)
- In the event that the user will use any of the Services that requires a fee (hereinafter referred to as the “Paid Services”), he or she is to use the Company’s prescribed method to conclude an agreement (hereinafter referred to as the “Paid Agreement”) related to use of the Paid Services.
- The user is to pay the use fees for the Paid Services by the deadline stipulated in the Paid Agreement. In the event that the user is late in paying the relevant use fees, the Company can charge the user a late payment charge that will be calculated by an annual interest rate of 14.6%.
Article 8 (Prohibited matters)
The user may not conduct the actions stipulated in each of the items below or actions that are similar to them when using the Services.
- Actions that violate a law or ordinance, a judgment, decision, or order by a court, or an administrative measure that has legally binding power
- Actions that are likely to harm public order or good morals
- Actions that infringe the Company’s or a third party’s intellectual property rights, such as copyrights, trademark rights, or patent rights, the right to have a good reputation, privacy rights, or other rights based on a law, ordinance, or agreement
- Actions of posting excessively violent expressions, explicit sexual expressions, expressions that will lead to discrimination due to race, nationality, beliefs, gender, social status, or lineage, expressions that will induce or encourage suicide, actions of self-harm, or drug abuse, or other expressions that include anti-social content and will cause other people to feel unpleasant
- Actions of pretending to be the Company or a third party or actions of intentionally spreading false information
- Actions of exchanging an account for cash or other economic profit
- Actions for the purpose of sales, publicity, advertisement, solicitation, or other profit-making (excluding things that the Company has allowed)
- Actions for the purpose of harassing, libeling, or slandering another user
- Actions that will hinder operation of the Services or damage the Company’s reputation
- Actions that profit or otherwise cooperate with anti-social forces
- (11) Religious activities or actions of invitation to a religious organization
- Actions of unjustly collecting, disclosing, or providing another person’s personal information, User Information, or information about use history
- Actions of causing hindrance to the Services’ server or network system
- Actions of improperly operating the Services by using a bot a cheat tool, or other technical means
- Actions of intentionally using a problem of the Services
- Actions of making improper inquiries or requests to the Company, such as repeatedly asking similar questions beyond what is necessary, or other actions of interfering with or causing hindrance to the Company’s operation of the Services or another user’s use of the Services
- Actions of assisting or promoting an action that falls under any of the items above
- Other actions that are equivalent to one of the items above and that the Company judges as inappropriate
Article 9 (User’s liability)
- The user is to use the Services at his or her own liability and bear liability for all actions he or she conducts through the Services and the results of those actions.
- In the event that it is recognized that the user is using the Services in violation of the Terms, the Company will take the measures that it judges as necessary and appropriate. Provided, however, that the Company will not bear any obligation to prevent or correct the relevant violation.
- In the event that the Company directly or indirectly incurs any damage (including burdens for attorney expenses) because the user used the Services (including cases in which the Company received a complaint from a third party because of that use), the user must immediately follow the Company’s request and provide compensation for that damage.
- In the event that a dispute with another user or a third party arises in relation to use of the Services, the user is to smoothly resolve that dispute with the party to the dispute and not cause any inconvenience to the Company.
Article 10 (Handling of software)
- For software (hereinafter referred to as the “Software”) that has been downloaded through the Site, the user is to confirm the use conditions for the Software and then conduct use by complying with those conditions and the Terms.
- The user can use the Software only for purposes of personal use, and it may not conduct any change, duplication, distribution, transmission, exhibition, screen presentation, public announcement, sublicensing, creation of derivative works, transfer, or sales with regard to the Software.
- The user cannot make any modification to or adaptation of the Software, or employ tracing, debugging, reverse assembly, decompiling, or other means to analyze that Software’s structure, functions or processing methods or conduct actions to try to obtain that Software’s source codes.
- The Company will not make any guarantees related to the Software, such as guarantees with regard to the Software’s marketability, suitability for a specific purpose, or non-infringement of third parties’ rights.
- The user is to use the Software at his or her own judgment and liability, and the Company will not bear any liability for any damage that the user incurs due to use of the Software.
Article 11 (Handling of content)
- The user will confirm that all intellectual property rights such as copyrights related to the individual documents, images, videos, lesson compositions, and other content posted on the Site (hereinafter referred to as the “Content”) will attribute to the Company or a third party such as the original author.
- The user can use the Content only for purposes of personal use, and it may not conduct change, duplication, distribution, transmission, exhibition, screen presentation, public announcement, sublicensing, creation of derivative works, transfer, or sales with regard to the Content.
- The user is to use the Content at his or her own judgment and liability, and the Company will not bear liability for any damage that the user incurs due to use of the Content.
Article 12 (Handling of posted content)
- The user is to declare and guarantee that he or she possesses the lawful rights to things that he or she posts, i.e., text data for which comments are posted on the site by using the Services, and data that is incidentally posted in posted text such as images, videos, and voice files (hereinafter referred to as “Posted Content”) and that the Posted Content will not infringe third parties’ rights.
- The user is to license to the Company the rights to use (including duplicating, copying, modifying, sublicensing to third parties, and all other use) the Posted Content free of charge. The scope of the user’s use license to the Company based on this clause is to include the Company sublicensing use of the Posted Content to other users through the Services. When using the Posted Content, the Company can either indicate or not indicate the user’s name or business name, the user ID, and other names and information that represent the user.
- The user will not exercise the moral rights of an author in relation to the Posted Content against the Company or a party that has succeeded or been licensed rights by the Company.
- Even after the user’s account is deleted, the use license of Article 12.2 will continue to exist as long as the intellectual property rights for the Posted Content continue to exist.
- The Company or a third party that receives a consignment from the Company may use or publicly announce the Posted Content on the website of the Company or the third party. In such a case, the Company can make modifications such as summaries, excerpts, or size changes for the Posted Content.
- When the Company has recognized that it is necessary, such as when it is rationally judged that the Posted Content was posted in violation of the Terms, the Company can delete or revise the Posted Content without obtaining the consent of the person who posted it. The user is not to make any objections about such deletion or revision.
Article 13 (Withdrawal)
- In the event that a user wants to withdraw from the Services, he or she can withdraw through the Company’s prescribed method.
- In the event that a user withdraws, that user’s account will be deleted.
Article 14 (Suspension of use and deletion of an account)
When the Company has judged that a user falls under any one of the cases below, the Company can suspend use of the Services by the relevant user or delete the relevant user’s account.
- A case in which there is a falsehood in a matter that was notified at the time of applying to use the Services or in the User Information
- A case in which the person can be recognized as someone whose account was deleted in the past
- A case in which one year or more has passed since the person’s last log-in
- A case in which the person has fraudulently used a user ID or password
- A case in which the person has violated the provisions of the Terms
- Any other case in which a reason that is equivalent to one of the items above and that is suitable for recognizing that the person is inappropriate as a user has arisen
Article 15 (Handling after account deletion)
- In the event that a user’s account has been deleted, from then on that user will be unable to use the Services, including the Software and the Content.
- After deleting an account, the Company can delete the relevant account’s User Information or Posted Content.
- The provisions of Article 15, Article 17.3, Article 18, and Article 23 will continue to validly exist even after deletion of a user’s account.
Article 16 (Handling of personal information)
- Using various forms of media such as telephone calls, e-mail, and postal mail to make sales recommendations and to conduct questionnaire surveys for services and products posted on the Site
- Providing information and guidance related to various events and campaigns that are introduced on the Site
- Replying to various inquiries and consultations
Article 17 (Exclusion of anti-social forces)
- The Company and the user declare that they do not currently fall under an organized crime group, a member of an organized crime group, a person who was a member of an organized crime group within the last five years, a semi-constituent member of an organized crime group, a company related to an organized crime group, a racketeer, a politically-branded racketeering organization, an organized crime syndicate, or another party that is equivalent to one of these things (hereinafter collectively referred to as “Organized Crime Groups”) and that they do not fall under one of the items below, and they firmly promise that they also will not fall under one of these things in the future.
- Having a relationship that can be recognized as one in which Organized Crime Groups are controlling its management
- Having a relationship that can be recognized as one in which Organized Crime Groups are substantively involved in its management
- Having a relationship that can be recognized as one in which it is improperly using Organized Crime Groups, such as for obtaining unjust profit for itself, its company, or a third party, or for the purpose of causing damage to a third party
- Having a relationship that can be recognized as one in which it is providing funds to Organized Crime Groups or giving advantages to Organized Crime Groups
- A board member or a person substantively involved in management who is having a socially reprehensible relationship with Organized Crime Groups
- The Company and the user firmly promise that they will not, either themselves or by using a third party, conduct actions that fall under one of the items below.
- Violent demands or actions
- Unjust demands or actions that exceed legal responsibility
- Actions of spreading rumors, using fraudulent means, or using power to damage the other party’s reputation or hinder the other party’s business
- Actions that go against a law, ordinance, or public order and morals, or that are likely to go against such
- Other actions that are equivalent to one of the items above
- When it has rationally judged that a user falls under Organized Crime or any of the items of the previous two clauses, the Company can delete the relevant user’s account without making any demands, and the relevant user is not to make any objections about that deletion.
Article 18 (Exemption from liability)
- The Company does not make any guarantees, either explicitly or implicitly, in relation to the Services’ content’s accuracy, completeness, usefulness, or suitability for a specific purpose.
- For information that was obtained based on the Services, the user is to use his or her own judgment to decide whether or not to use it and the method for use, and even in the event that the user or a third party incurs damage because of that information, the Company will not bear any liability.
- In the event that an accident, infection by a computer virus, or another problem occurs for content of the Services, the Company will not bear any liability, even if any disadvantage or damage arose for a user or another third party because of the Services.
- For websites of parties other than the Company and to which links are made on the Site, the user will confirm that they are not under the Company’s management, and the Company will not bear any liability for damage that arises due to use of those websites.
- Even in the event that the Company will bear liability to a user, the Company’s liability will be limited to the direct and ordinary damage that the user actually incurred.
Article 19 (Notification to Users)
- It will be possible to use one of the methods below, based on the Company’s judgment, to conduct notification from the Company to a user.
- Notification will be made by posting on the Services’ homepage. In such a case, it will be deemed that notification to all users was completed at the time it was posted.
- Notification will be made by sending e-mail to the user’s e-mail address that the user notified to the Company at the time of applying for use or after that, or by sending a fax to the user’s fax number. In such a case, it will be deemed that notification to the user was completed at the time when the Company sent an e-mail or fax to the relevant e-mail address or fax number.
- Notification will be made by sending postal mail to the user’s address that the user notified to the Company at the time of applying for use or after that. In such a case, it will be deemed that notification to the user was completed at the time when postal mail was sent to the relevant address.
- Notification will be made by any other method that the Company judges as appropriate and rational. In such a case, it will be deemed that the relevant notification was completed at the time designated by the Company in the relevant notification.
- In the event that written notification procedures are required based on the Terms or a related law or ordinance, it will be possible to change them to a document by conducting the procedures of Article 19.1.
Article 20 (Validity of the Terms)
- In the event that it is judged that any provision of the Terms is violating a law, that provision will be interpreted in order to reflect, to the extent possible, the intentions of the Company and the user, based on the other remaining clauses that are valid.
- In the event that it is judged that any clauses of the Terms are invalid or cannot be implemented, it will be possible to continue to validly implement the portions of those clauses that are valid or can be implemented and the remaining clauses of the Terms.
- The Company’s waiver of a right against the user’s violation of the Terms (irrespective of whether the waiver was explicit or implicit) will not mean a waiver of rights against the user’s subsequent violations of the Terms.
- Even after the user has lost an account, the provisions of the Terms will continue to have validity for the relevant user.
Article 21 (Additions to or changes in the Terms)
- In addition to cases in which the user agrees, in the cases stated below the Company can change the Terms based on the Company’s discretion.
- When a change of the Terms conforms with users’ general interests
- When a change of the Terms does not go against the purposes of concluding an agreement, and the change is rational in light of the necessity of the change, the appropriateness of the content after the change, the content of the change, and other circumstances related to the change
- When making a change in the Terms based on Article 21.1, the Company will, by the date when the changed Terms go into effect, post on the Site or use e-mail to notify users of the fact that the Terms will be changed, the content of the Terms after the change, and the date when the changed Terms will go into effect.
- In the event that a user uses the Services on or after the date when the changed Terms go into effect, it will be deemed that the user has agreed to the change in the Terms.
Article 23 (Governing laws and court of jurisdiction)
The laws of Japan will be the governing laws for the Terms, and the Tokyo District Court or Tokyo Summary Court will be the court of exclusive jurisdiction in the first instance for all disputes related to the Terms.
The Terms will go into effect on May 3, 2019.