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SECTION 1 - DEFINITIONS
These terms of use applies to any users using the services and sites related to the services provided by Windware Solution LLC. (Referred to as 'we' and 'us' hereafter.)
'User' and 'you' means hereafter refer to the person registered to use the services.
We reserve the right, at its our sole discretion, to change, modify, update, add, or remove portions of the terms of use at any time, with or without notice to you. Your continued use of the services after the posting of any changes to the terms of use means that you have accepted those changes. The changes will take effect immediately as posted on the web site unless specifically stated otherwise by us.
SECTION 2 - REGISTRATION / CANCELLATION
Part of the services may only be used by those who have the ability to make payments by the methods defined by us.
By accessing and using the services and sites related to the services, you agree to be bound by these terms of use. We reserve the right to limit or terminate your access to the services if you do not comply with these terms of use.
The account registered may not be used by or given to another person in any case.
Users may request cancellation of the services by the method defined by us and will only take effect when it is accepted by us.
SECTION 3 - RIGHTS / LIABILITY
In no event shall we be liable for any special, indirect or consequential damages, or any damages whatsoever, resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the services or information available from the services.
All information saved and used by the users are the sole responsibility of the users and we have no obligation to save the information nor take responsibility for the content of the information.
Users are solely responsible for the content of all information generated by the users.
Rights to content generated by the users are retained by the users and other than to provide the services we will not publish, display, modify or use such content in any manner without explicit permission from the users.
SECTION 4 - USER PAYMENT
Payment procedures are handled by the intermediate payment services partnered with us and we are not responsible for problems occurring during payment processing.
No refund will be made upon cancellation, and users may continue using the services during the period of last subscription span.
When an active user fails to make a payment, we, at any given time, may cancel the user registration and delete any information related to the user.
Users must continue to make the payments until cancellation is accepted.
When any conflicts arise between third party services sellers and the users, users must solve the issues by themselves and we are not liable for any damages caused by such conflicts.
SECTION 5 - SERVICES
Users must prepare and maintain any device, software and communication method to access the services. We do not provide said devices, software and communication methods, nor are we responsible for them.
We may terminate, suspend or make changes to all or any portion of the services and any other information and materials available on or through the services at any time and without notice.
We are not liable for damages resulting from termination, suspension of the services, unavailabity of the services due to server outages or other unusual conditions.
We will not monitor activity of the users. We are not liable for any disputes occurring between users.
The services may contain links to third party sites that are not under our control, and we are not responsible for, nor does it guarantee the accuracy or integrity of the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that we endorse or accept any responsibility for the content on any third party site.
SECTION 6 - PROHIBITED ACTIVITIES
You may not perform any of the following activities.
- Perform any activities that violate, intentionally or unintentionally, any applicable local or international laws or regulations promulgated by governmental agencies that have the force of law.
- Use the services in any manner that could damage, disable, overburden, disrupt or impair the services or any of our servers or the servers connected to them.
- Attempt to gain unauthorized access to the services, the computer systems, networks or servers connected to the services or to the accounts of other account holders.
- Transmit or save content for others to see if such content infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party.
- Harass or advocate harassment of another person or entity.
- Transmit or save content for others to see that is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory.
- Transmit or save content for others to see that is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner.
- Transmit unsolicited mass mailings.
- Impersonate any person or entity or misrepresent in any way your affiliation with a person or entity.
- Transimit or save any files containing software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
- Permit a single account to be used by multiple people.
- Any activities that lead to the above conditions.
SECTION 7 - USER INFORMATION
Private user information is handled in accord with the privacy policy defined by us on in a separate statement.
We may be required by Japanese laws or otherwise, to run the services safely, view, save, edit or let third parties view the user generated information by using the services. And we are not liable for any damages caused by the consequences of such third party use.
You consent to the creation, use and preservation of information generated by using the services in Japan regardless of where you are located. All users understand the potential cross border nature of communications made using the services and acknowledge that using the services may result in international transmission of data.
SECTION 8 - DISPUTES
The terms shall be governed by and construed in accordance with the laws of Japan. By accessing the services you agree that any litigation shall be subject to the exclusive jurisdiction of the courts in the city of Tokyo, Japan and you consent to the personal jurisdiction of those courts.
The terms of this agreement are to be construed according to the Japanese language version, and translated terms are provided for reference only.
The information gathered from the users will not be used for any other purposes than stated below by Windware Solution LLC. (Referred to as 'we' and 'us' hereafter. Duly established and registered in Japan.) The information will be kept securely and safely.
(1) The email addresses registered by the user may be used to notify, advertise our services and/or get in touch with the user when we, in our sole discretion, believe necessary or appropriate. The information will not be disclosed to third parties unless explicitly granted by the user.
(2) The information such as access histories and access environments gathered, without identifying any specific user, may be used to enhance the experience for the users, understand user behaviors and/or optimize the advertisement methods and may be disclosed to third parties.
The information will not be used for any other purposes, unless permission is explicitly granted by the user.
We may share personally identifiable information with law enforcement or other entities where we have a good faith belief that it is required in order to respond to subpoenas, court orders, or other legal process, to prevent fraud or imminent harm, or to establish or exercise our legal rights or defend against legal claims.
We will if possible, correct or delete private information if the user contacts us via email.
We will not be held liable, if the user can be identified via information given from the user and is passed to a third party by any action taken by the user.
This policy may change at any time and any changes will be posted on the web site.
This policy shall be governed by and construed in accordance with the laws of Japan. You further agree that any litigation shall be subject to the exclusive jurisdiction of the courts in the city of Tokyo, Japan and you consent to the personal jurisdiction of those courts.
The terms of this agreement are to be construed according to the Japanese language version, and translated policies are provided for reference only.