Terms and Conditions of Use
Effective: January 1, 2022
Welcome to www.pctjapan.com (the “Site”).The Site is maintained and operated by KTSIP Osaka, an intellectual property law firm located in 2-1-2, Floor 4, Uchihiranomachi, Chuo, Osaka, Japan in accordance with these Terms and Conditions of Use (“Agreement”).
1. AGREEMENT
This Agreement describes the terms governing your use of the KTSIP Osaka online services provided to you on the Site, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
- KTSIP Osaka’s Privacy Policy provided to you in the Services available on the Site or provided to you otherwise.
- Additional Terms and Conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, etc.
2. YOUR RIGHTS TO USE THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by KTSIP Osaka. KTSIP Osaka reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, KTSIP Osaka grants to you a personal, limited, nonexculusive, nontrasferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.
- Make the Services available on any file-sharing or application hosting service.
3. PAYMENT
For Services offered on a payment or subscription basis, the following terms apply, unless KTSIP Osaka notifies you otherwise in writing:
- Payments will be billed to you in Japanese Yen.
- You must pay with one of the following:
- A valid credit card acceptable to KTSIP Osaka;
- A valid debit card acceptable to KTSIP Osaka; or
- By another payment option KTSIP Osaka provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
- If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
- Additional cancellation or renewal terms may be provided to you on the Site for the Services.
4. YOUR PERSONAL INFORMATION
You can view KTSIP Osaka’s Privacy Policy provided with the Services and on the Site for the Services.
You agree to the applicable KTSIP Osaka’s Privacy Policy, and any changes published by KTSIP Osaka.
You agree that KTSIP Osaka may use and maintain your data according to the KTSIP Osaka Privacy Policy, as part of the Services.
5. CONTENT
5.1 You are responsible for all materials (“Content”) uploaded or stored through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. KTSIP Osaka is not responsible for the Content or data you submit through the Services.
You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any Japanese or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
- Except as permitted by KTSIP Osaka in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owners.
5.2 You agree that KTSIP Osaka may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant KTSIP Osaka a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to KTSIP Osaka in any way.
5.3 KTSIP Osaka may monitor your Content. KTSIP Osaka may, but has no obligation to, monitor content on the Services. You may disclose any information necessary to satisfy our legal obligations, protect KTSIP Osaka or remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
6. ADDITIONAL TERMS
You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact KTSIP Osaka if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
7. DISCLAMER OF WARRANTIES
THE SERVICES ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICES IS AT YOUR OWN RISK. KTSIP OSAKA DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES KTSIP OSAKA MAKE ANY WARRANTY AS TO THE ACCURACY OF THE CONTENT OR AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES. KTSIP OSAKA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED IN RELATION TO THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION, ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, TITLE, NONO-INFRINGEMENT OR TIMELESS, SUITABILITY, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN IN RELIANCE ON ANY INFORMATION OR CONTENT THEREIN, INCLUDING, WITHOUT LIMITATION, INACCURATE OR INCOMPLETE INFORMATION. ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY APPLICABLE LAW. TO THE EXTENT THAT THE LAW APPLICALBE IN ANY PARTICULAR JURISDICTION PRECLUDES THE FULL RANGE OF LIMITATIONS STATED IN SECTIONS 7 AND 8, THE LIMITATIONS OF LIABILITY AND REMEDIES CONTAINED HEREIN WILL BE APPLIED AS BROADLY AS POSSIBLE TO LIMIT THE LIABILITY OF KTSIP OSAKA AND THE RANGE OF REMEDIES THAT MAY BE APPLIED AGAINST IT.
8. LIMITATION OF LIABILITY
USER EXPRESSLY AGREES THAT KTSIP OSAKA SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SERVICES, THE CONTENT, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICES, THE CONTENT, ANY CHANGES TO OR INACCESSIBILITY OF THE SERVICES, ANY INACCURACY OR INCOMPLETENESS OF THE CONTENT OR INFORMATION CONTAINED IN THE SERVICES, ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, NAGLIGENCE OR OTHERWISE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KTSIP OSAKA’S TOTAL LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED THE TOTAL PURCHACE PRICE PAID, IF ANY, BY USER TO KTSIP OSAKA HEREUNDER. IF THE USER IS DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SERVICES AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7.
Unless expressly stated or agreed in writing by KTSIP Osaka, KTSIP Osaka is not providing legal advice, is not providing advice or guidance on the purchase or sale of securities, is not a broker-dealer or an insurer with regard to performance of the Services or Content. KTSIP Osaka’s disclaimer of warranties and the limitation of liability and remedy are a reflection of the risks assumed by the parties in order for user to obtain the rights to you the Services at the specified price. You assume all risk for: (i) all liabilities disclaimed by KTSIP Osaka contained herein; and (ii) all alleged damages in excess of the amount, if any, of the limited remedy provided hereunder.
You specifically acknowledge and agree that KTSIP Osaka shall not be liable for the Content or defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing is borne solely by you. To the extent that any limitation of liability or of remedy is not permitted in a particular jurisdiction, the limitations of liability and remedy will be construed as broadly as possible to carry out the intention of limiting rather than permitting liability and remedies.
9. CHANGES
KTSIP Osaka reserves the right to change this Agreement at any time, and the changes will be effective when posted through the Service, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
10. TERMINATION
KTSIP Osaka may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspended the Services effective immediately, in whole or in part, for suspicion of fraud, security, illegal activity or unauthorized access issues to protect the integrity of the Services or our systems and comply with applicable KTSIP Osaka policy or if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect KTSIP Osaka’s rights to any payments due to it. KTSIP Osaka may terminate a free account at any time. Sections 2.2, 3 through 13 will survive and remain in effect even if the Agreement is terminated.
11. GOVERNING LAW
This Agreement shall be treated as though it were executed and were to be performed in Japan and will be governed by and construed in accordance with Japan laws. KTSIP Osaka does not represent that the Services are appropriate or available for use in all countries.
12. DISPUTES
In the event of any dispute between the parties, they shall first endeavor to resolve it by amicable discussion. If this fails to resolve the dispute, either party may commence formal dispute resolution solely as follows, within seven (7) days after providing a written statement to the other party that informal efforts at dispute resolution have failed. The parties hereto submit the exclusive jurisdiction of the Osaka District Court of Japan in respect to all controversies arising from or in relation to this Agreement, its performance, or any breach thereof.
13. GENERAL
This Agreement is the entire agreement between you and KTSIP Osaka and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of KTSIP Osaka. However, KTSIP Osaka may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by KTSIP Osaka or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact KTSIP Osaka via an email to: info@pctjapan.com.