The OH! MATSURi website https://ohmatsuri.com （hereinafter the “Website”）is provided by TORAMEGA Inc. (hereinafter the “Company”) under the following Terms of Use Agreement (hereinafter the “Agreement”) to allow people around the world to exchange information through the Website.
By choosing to access and use the Website you agree to be bound by the Agreement and all related Laws and Regulations (hereinafter the “Laws,” including regulations set forth by local public bodies). Following the Agreement will enable maximum ease while using the Website.
1. Definition of Terms
The terms used in the Agreement are defined as follows:
(1) “User (Users)” – An individual (individuals) accessing and viewing the Website.
(2) “Contents” – All information, images, videos and sounds on the Website made public or provided by the Company or by cooperative bodies of the Company.
2. Consent to the Agreement
(1) The User may use the Website by following the rules set by the Company without violating the Agreement and the Laws. By choosing to access and use the Website, the User acknowledges having understood and accepted the Agreement. If you do not accept the Agreement, cease use of the Website immediately.
(2) The Agreement sets the terms of use of the Website and the Contents.
(3) Any usage notices, guidelines etc. (hereinafter the “Notices”) that are presented separately by the Company on the Website constitute a part of the Agreement. In case of a discrepancy between the Agreement and the Notices, the Notices will prevail.
3. Content Guarantee
The User must understand the below conditions to use the Website.
The Contents include information on customs and ingenuities that have not been verified for accuracy. Especially, information on future forecasts and information related to medicine and science may have actual results that differ greatly depending on various factors and affect individuals in various ways. The Company will present the Contents on an “as is” basis without warranties of any kind about the completeness, accuracy, authenticity, suitability or validity and takes no responsibility for any mistakes in the Contents and for not correcting said mistakes. Further, the Contents are provided without warranties of any kind, expressed or implied, about the fitness for a particular purpose, merchantability, non-infringement of third parties’ rights or any other matters. The User will take sole responsibility on any kind of loss or damages derived from using the Contents.
4. Website Usage Fee, Equipment Usage Fee, Communication Fee, etc.
As a general rule, the Website may be used free of charge. However, the User is responsible for the cost and management of all hardware, communication devices, other equipment and the communication environment necessary to use the Website. Further, please note that all communication fees to use the Website will be payable by the User.
5. User Responsibilities
(1) The User is responsible for any conflicts arising out of any action taken using the Website and any action taken relying on the Contents, and must solve any claims and disputes in connection with the use of the Website at the User’s expense. In no event will the Company be liable for said actions, conflicts, claims or disputes. The User will have no right to make claims against the Company regarding any conflicts, claims or disputes arising out of any action taken using the Website or any action taken relying on the Contents.
(2) The User will be obligated to pay the Company for damages in the event that the User causes damage to the Company by violating the Agreement or the Laws, or by using the Website.
(3) In the event that the Company receives any claims by a third party for infringement of rights or for any other reasons in connection with the use of the Website by the User, the User must compensate the Company the amount that the Company was forced to pay to the third party.
6. Restriction on Use
(1) The Company will grant a non-sublicense right to the User of the Website, to use the Website, view, copy or print out a part of the Website and the Contents, provided that the User abides to the Agreement including each item set forth below:
• Viewing, copying and printing of the Website and the Contents will be strictly for the purpose of personal information gathering, personal use and non-commercial use.
• There will be no secondary use, such as but not limited to, translation and modification of the Website and the Contents.
• The ownership right of the Company will be indicated in the case where the Website and the Contents are shown, displayed etc., and
• The Website and the Contents will not be used for purposes other than those intended by the Company.
(2) The Company will grant a non-exclusive right to the User of the Website to create a hyperlink to a text of the Website for non-commercial purposes. However, said hyperlink must not express intention to defame or libel the Website, the Contents, the Company or cooperative bodies of the Company.
(3) Unless permitted explicitly in the Agreement, the use of the Website and the Contents is strictly prohibited without prior written consent from the Company. Further, if any violation is found, or if the Company determines that there is a risk of violation, the right granted in the Agreement will be revoked.
7. Prohibited Conduct
The User is prohibited from conducting any act falling under the following items when using the Website:
· Acts that cause or may lead to infringement or damage of intellectual property rights, publicity rights, privacy rights, reputation rights or any other rights or interest of a third party or of the Company.
· Acts that violate or damage the Company’s confidentiality of communication, assets, privacy rights, reputation or credibility.
· Acts that infringe intellectual property rights, such as but not limited to, copyright and trademark rights by using the Contents without permission from the third party or the Company.
· Acts that are or may lead to criminal acts, that involve in or may involve in criminal acts or that are or may be offensive to public order and morals.
· Illegal access to devices, software etc. that are required to operate the Website.
· Transmitting harmful computer programs, such as computer viruses.
· Acts that are in violation, or may be in violation of the Laws.
· Acts that interfere, or may interfere with the operation of the Website.
· All acts that are or could result in damage of rights or interest of a third party or the Company.
· Any other acts that violate the Agreement or the Laws.
· Other acts, not mentioned above, deemed by the Company to damage the interest of a third party or the Company. and
· Other acts, not mentioned above, deemed inappropriate by the Company.
8. Google Analytics and Cookie
The Website uses Google Analytics to collect access information for the purpose of providing better service. Google Analytics uses Cookies to collect access information of the User. Cookies are electronic files that are sent from a page of the Website to the browser of the User viewing that page and are stored on the User’s computer so that the User’s browser can be identified individually. The collecting method and usage of the access information is set forth by Google Analytics Terms of Service and Google Private Policy. To find out more about Google Analytics, visit the website http://www.google.com/analytics/. Cookies may be blocked by reconfiguring browser settings. Although it is recommended that Cookies are accepted when using the Website, it is up to the User to set and manage the browser, including accepting Cookies. However, please keep in mind that some services and functionalities may not work when Cookies are blocked.
9. Intellectual Property Rights
Unless otherwise indicated, all intellectual property rights related to the Website and the Contents belong to the Company or to third parties that have granted permission for use to the Company. The User may use the intellectual property rights related to the Website only within the scope of using the Website. The User must not, for whatever reason, take any action that may infringe intellectual property rights of the Company or of the third party that has granted permission for use to the Company, including but not limited to, disassembling, decompiling and reverse engineering.
10. Suspension, Interruption and Termination of the Website Services
(1) The Company does not guarantee that the operation of the Website will be free from interruption or suspension. The Company reserves the right to interrupt all or part of the operation of the Website due to Company circumstances without consent from the User, including cases in the following items:
• In case of routine or emergency inspection and maintenance of the Website’s computer systems and servers.
• In case of malfunction or trouble of the computer system, software etc.
• In case the computer or communication lines fail due to an accident.
• In case of a failure due to an unauthorized access from outside.
• In case the Website becomes inoperable due to server breakdowns, trouble and or unexpected problems.
• In case the operation of the Website becomes difficult or impossible due to external factors (such as but not limited to, wars, rebellions, disturbances, riots or labor disputes.)
• In case the Website becomes inoperable by measures according to the Laws., and
• Any other cases in which the Company determines that suspension or interruption is necessary.
(2) The company reserves the right to terminate the operation of the Website and shutdown the Website at the Company’s discretions at any time, for reasons other than those stated in the above paragraph.
(3) The Company will not be held responsible whatsoever for any damage caused by the measures taken in the above paragraph (2).
11. Disclaimer
(1) The Company makes no warranties of any kind on the use of the Website and the Contents, including warranty that the User will obtain information that is necessary for the User froｍ the Website and the Contents.
(2) The Company makes no warranties that use of the Website by the User conforms to the Laws applicable to the User. It is the responsibility of the User to confirm, at their own expense, whether or not the use of the Website violates the Laws applicable to the User.
(3) The Company will in no event be liable to pay, compensate or reimburse for any direct or indirect damages for loss, damage or expense inflicted on the User in connection with the Website due to interruption, suspension, inability to use or modification of the Website operation by the Company, or the deletion or corruption of the Contents, or loss of data or breakdown or damage to equipment as a result of using the Website, and further, will not be liable for any profit loss, loss of business, loss of data, business interruption and any indirect, special, incidental or consequential loss
(4) The Company will take no responsibility whatsoever on third-party websites linked to the Website and the Contents, or for websites other than the Website, or information obtained from said websites.
(5) In the event that the rules of liability limitation of the Company in the Agreement is deemed invalid by The Consumer Contract Act and other Laws, the scope of liability for which compensation should be provided by the Company will be limited to ordinary and direct damages to the User.
12. Modification of the Agreement
(1) The Company reserves the right to modify the content of the Agreement freely without prior notice.
(2) Modification to the Agreement will take effect immediately upon posting the changes on the webpage of the Website. User’s use of the Website after any such changes constitutes the User’s consent to the Agreement as modified.
(3) In the case when the Agreement is modified, the Company will not notify the User of said modifications. We advise the User to confirm the latest updates on the Agreement. If you do not agree to the modified Agreement, cease use of the Website immediately.
13. Severability of the Agreement
If any provision of the Agreement is held invalid or unenforceable for any reason whatsoever, said provision only will be considered severed from the Agreement and will not affect the other provisions.
14. Language
(1) Japanese is the authentic text of the Agreement. Translations of the Agreement may be made in other languages for reference, however, only the Japanese authentic text will have legal effect.
(2) Support for the service and the Contents will be provided in Japanese and English only.
15. Governing Law and Jurisdiction
The Agreement will be governed by the laws of Japan. The Tokyo District Court will be the court of first instance with exclusive jurisdiction for any dispute arising from or relating to the Agreement.
