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Terms of Service
Terms of Service
These Terms of Service (hereinafter referred to as this "Agreement") provide conditions for use of the service (hereinafter referred to as "Service") provided by Kobe Future City Co., Ltd. (hereinafter referred to as "Company" on this website.
Registered users (hereinafter referred to as "Users") shall use the Service pursuant to this Agreement.
- Article 1. Application
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- This Agreement shall apply to any and all relationships pertaining to the use of the Service between the Users and the Company.
- In addition to this Agreement, the Company may provide rules and various other regulations (hereinafter referred to as "Individual Rules") concerning the use of the Service. The Individual Rules, irrespective of the names given to the Individual Rules, shall constitute a part of this Agreement.
- If there is discrepancy between the provisions of this Agreement and the provisions of Individual Rules according to the preceding Article, the provisions of Individual Rules shall prevail unless stipulated otherwise in the Individual Rules.
- Article 2. User registration
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- In the Service, a customer wishing to be registered gives their consent to this Agreement and applies for user registration pursuant to the method prescribed by the Company. When the Company gives its approval in return, the user registration shall be complete.
- If the Company determines that an applicant for user registration falls under the circumstances below, the Company may not approve the user registration application. In such case, the Company shall not be obliged to disclose the reason thereof in any manner:
- If the customer makes a false entry upon application for user registration;
- If the application is filed by a person who has breached this Agreement in the past; and
- If the Company otherwise determines that user registration is not appropriate.
- Article 3. Management of User ID and password
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- The User shall, on its own responsibility, manage their User ID and password for the Service appropriately.
- The User shall not in any event, assign or lend the User ID and password to a third party, or share these with a third party. When someone logs in using the same combination of User ID and password as the registered information, the Company will deem that the login was performed by the User who is registered under such User ID.
- If damage results from the use of a User ID and password by a third party, the Company shall not be held liable in any way for the damage unless it is caused by intent or by gross negligence on the part of the Company.
- Article 4. Usage fees and payment method
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- In consideration for the fee-charging part of the Service, the User shall pay the usage fees that are separately prescribed by the Company and indicated on this website by the method designated by the Company.
- 2. If the User is late in making payment of the usage fees, the User shall pay the late payment charge at the rate of 14.6% per annum.
- Article 5. Prohibited matters
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The User shall not take any of the following actions upon using the Service:
- Acts that are in violation of laws and regulations, or public order;
- Acts that are associated with criminal activities;
- Acts that infringe on the content of the Service, and any other copyrights, trademark rights, and other intellectual property rights that are included in the Service;
- Acts that involve damaging or interfering with server or network functions of the Company, any other User, or any other third party;
- Acts of using the information, which is obtained by the Service, for commercial purposes;
- Acts having the risk of interfering with the operation of the Company's service;
- Acts involving unauthorized access or attempting such unauthorized access;
- Acts of collecting or accumulating personal information and the like of other Users;
- Acts of using the Service for unlawful purposes;
- Acts that cause disadvantage, damage, or discomfort to any other User of the Service or any other third party;
- Acts of pretending to be another User;
- Acts of promoting, advertising, soliciting, or selling which are performed on the Service without the Company's approval;
- Acts aimed at meeting as yet unknown persons of the opposite sex;
- Acts of giving favors to anti-social forces directly or indirectly, in connection with the Company's service; and
- Any other acts that are deemed inappropriate by the Company.
- Article 6. Discontinuation, etc. of provision of the Service
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- In the event that any of the following causes is applicable, the Company may discontinue or suspend provision of the entire or part of the Service without sending an advance notice to the User:
- In the case of conducting maintenance and inspections or updates of the computer system pertaining to the Service;
- If provision of the Service becomes difficult due to events of force majeure such as an earthquake, lightning, fire, power failure or natural disaster.
- If the computer or communication lines or the like becomes inoperative due to accidents; and
- If the Company otherwise determines that provision of the Service is difficult. 2. The
- The Company shall not be held liable in any way for any loss or damage suffered by the User or a third party due to discontinuation or suspension of provision of the Service.
- In the event that any of the following causes is applicable, the Company may discontinue or suspend provision of the entire or part of the Service without sending an advance notice to the User:
- Article 7. Restriction on use and deletion of registration
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- If the User falls under any of the following, the Company may, without sending advance notice, restrict all or part of the usage of the Service by the User, or delete the User's registration:
- If the User breaches any of the provisions of this Agreement;
- Upon discovering that the registered information contains a false entry;
- In the event of default in payment of fees or other payables;
- If no response is made to the communication from the Company for a certain period of time;
- If the Service is not used for a certain period of time from the last time of use; and
- If the Company otherwise determines that the use of the Service is inappropriate.
- The Company shall not be held liable in any way for the damage suffered by the User due to an act performed by the Company under this Article.
- If the User falls under any of the following, the Company may, without sending advance notice, restrict all or part of the usage of the Service by the User, or delete the User's registration:
- Article 8. Membership cancellation
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The User may cancel their membership in the Service by performing the cancellation procedures prescribed by the Company.
- Article 9. Denial of warranty, and indemnification
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- The Company does not warrant either explicitly or implicitly, that the Service contains no factual or legal defects (including flaws, errors, and bugs relating to the safety, reliability, accuracy, completeness, effectiveness, conformity to a specific purpose, and security, etc. as well as infringement of rights).
- The Company shall not be held liable in any way for any damage suffered by the User as a result of the Service unless there is intent or gross negligence on the part of the Company. However, if the agreement between the Company and a User concerning the Service (including this Agreement) constitutes a consumer contract as stipulated in the Consumer Contract Act, then this indemnification clause shall not apply.
- Even in the case set forth in the proviso of the preceding paragraph, the Company shall not be held liable in any way for damage that results from special circumstances (including the case in which the Company or the User predicted the occurrence of damage or was able to predict such occurrence) from among the cases of damage suffered by a User as a result of a default or an unlawful act due to negligence (except for gross negligence) on the part of the Company. When the Company compensates a User for the damage suffered as a result of a default or an unlawful act due to negligence on the part of the Company (except for gross negligence), the maximum amount of compensation shall be the amount of the usage fees which the Company received from the User during the month in which such damage occurred.
- The Company shall not be held liable in any way for the transaction, communication, or a dispute or the like arising between a User and another User or a third party in connection with the Service.
- Article 10. Changes, etc. to the service content
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The Company may change, add, or discard the content of the Service by notifying Users beforehand, and Users shall give their consent thereto.
- Article 11. Changes to the Terms of Service
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- In the following cases, the Company may make changes to this Agreement without requiring the consent of individual Users:
- If the change to this Agreement conforms to the common interests of Users; and
- If the change to this Agreement does not run contrary to the purpose of the agreement for use of the Service, and is reasonable in light of the need for change, adequacy of the content after the change, and other circumstances pertaining to the change.
- Upon making changes to this Agreement pursuant to the preceding paragraph, the Company shall give advance notice to that effect to Users, along with the content of this Agreement after the change and the time when the changes shall take effect.
- In the following cases, the Company may make changes to this Agreement without requiring the consent of individual Users:
- Article 12. Handling of personal information
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The Company shall appropriately handle the personal information which is obtained by use of the Service pursuant to the Company's Privacy Policy.
- Article 13. Notification or communication
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Notification or communication between Users and the Company shall be performed by the methods prescribed by the Company.
The Company shall deem that a User's currently registered contact information is valid, unless a notice of change is submitted by the User in a manner separately prescribed by the Company, and the Company's notification or communication shall be addressed according to such contact information, and the notification and communication performed by the Company shall be deemed to have reached the User by way of the transmission. - Article 14. Prohibition of assignment of rights and obligations
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The User shall not without the Company's prior written approval, assign the status under the agreement for use of the Service or any of the rights or obligations hereunder to a third party, or provide any of the foregoing as collateral.
- Article 15. Governing law and jurisdiction
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- This Agreement shall be governed by and interpreted in accordance with the laws of Japan.
- If a dispute arises in connection with the Service, it is hereby agreed that the court having jurisdiction over the Company's head office shall be the court with exclusive jurisdiction in the first instance.