These Terms of Use (hereinafter referred to as the “Terms”) stipulate provision conditions of the Service and rights/obligations relationship between the Company/Group Company (as defined in Article 2) and the Registered Partners. For using the Service, the Registered Partners are requested to read the full text of these Terms and agree to them. The governing language of these Terms is Japanese and translations into other languages are provided together with the original.
Article 1. Application
These Terms are intended to provide for the terms of use of the Service stipulated by each of Leverages group companies, and to set rights/obligations relationship between the Company/Group Company and the Registered Partners, and apply to all relationships between the Registered Partners and the Company/Group Company relating to use of the Service. If the content of these Terms and descriptions, etc. of the Service provided in materials or the like other than these Terms should differ, the provisions of these Terms shall be applied in preference.
Article 2. Definition
The following terms as used herein shall have the meaning defined in each i tem below.
Article 3. Registration
Article 4. Accuracy of Registration Matters
The Registered Partners shall provide the Company/Group Company and the User Company with accurate personal information with no deficiency or inconsistency. In the event any objection, calin or demand, etc. is filed by the User Company or other third party due to the inaccuracy in personal information provided by the Registered Partner or to a deficiency or inconsistency, etc. in the content, the Registered Partner shall deal with the issue at his/her expense and on his/her own responsibility and ensure that he/she will not cause any trouble to the Company/Group Company.
The Registered Partner shall, when there is a change in Registration Matters, notify the Company/Group Company of the change by the method prescribed by the Company/Group Company without delay. The Registered Partner shall, when requested by the Company/Group Company, promptly submit the following documents.
Article 5. Management of User ID and Password
The Registered Partner shall, when the Company/Group Company issues a user ID and password in connection with the Service, be responsible for using and managing such user ID and password, and shall not have a third party use or assign to a third party such user ID or password in any case.
Article 6. Provision of Service
The Company/Group Company will provide the Registered Partner with appropriate services from among the following services at its own judgement.
Article 7. Prohibited Matters
The Registered Partners shall be prohibited from conducting any acts that fall or are determined by the Company/Group Company to fall under any of each item below when using the Service.
Article 8. Suspension, etc. of the Service
The Company/Group Company is allowed to suspend or discontinue the provision of the Service, wholly or in part, without the prior notice to the Registered Partners, if any of the following is applicable.
Article 9. Ownership of Rights
All Intellectual Property Rights relating to the Service shall belong to the Company/Group Company or a person who grants to the Company/Group Company a license, and permission for use of the Service under these Terms shall not mean licensing of Intellectual Property Rights of the Company/Group Company or a person who grants to the Company/Group Company a license relating to the Service.
The Registered Partners shall agree not to exercise the author’s moral right against the Company/Group Company or a person who assumes a right or to whom a right is granted by the Company/Group Company.
Article 10. Deregistration, etc.
Article 11. Withdrawal
The Registered Partners may, by notifying the Company/Group Company by the Company’s/Group Company’s prescribed method, withdraw from the Service and cancel his/her registration as the Registered Partner. If there are obligations owed to the Company/Group Company when withdrawing from the Service, the Registered Partner shall automatically forfeit the benefit of time with respect to all obligations owed to the Company/Group Company, and shall immediately pay all obligations to the Company/Group Company. The handling of personal information after withdrawal shall be subject to provisions of Article 17.
Article 12. Change of Contents and Termination of the Service
The Company/Group Company may change the contents of the Service or terminate the provision for its convenience. When terminating the provision of the Service, the Company/Group Company will notify the Registered Partners in advance.
The Company/Group Company will not be liable for any damages incurred by the Registered Partners due to the measures taken by the Company/Group Company pursuant to this article.
Article 13. Disclaimer of Warranties
Article 14. Elimination of Anti-social Forces
The Registered Partners shall represent that they are not and shall not be in the future anti-social forces (meaning an organized crime group, a member of an organized crime group, a person for whom less than five (5) years have elapsed since he/she has stopped being a member of an organized crime group, a quasi-member of an organized crime group, a company involved with an organized crime group, a corporate racketeer, etc., a social movement, etc. advocating miscreant, a crime group specialized in intellectual crimes, or any other persons equivalent thereto), that they do not and shall not in the future conduct illegal acts, including violent acts, fraudulent/act of intimidation, and acts of interfering with business. In the event of a breach of the representation, the Registered Partner shall accept the termination of provision of the Service without any objection.
Article 15. Disclaimer
The Company/Group Company shall not be liable for discontinuation, suspension, termination, unavailability or change of provision of the Service by the Company/Group Company, deletion or disappearance of message or information transmitted by the Registered Partner to the Service, deregistration of the Registered Partner, disappearance of registration data due to use of the Service, or failure or damages of devices, and any other damages suffered by the Registered Partners in relation to the Service (hereinafter referred to as “User Damage”).
Even if the Company/Group Company assumes liability for some reason, the Company/Group Company shall not be held liable for User Damage exceeding the amount of consideration that has been paid by the Registered Partner to the Company/Group Company over the past twelve (12) months. In addition, the Company/Group Company shall not be liable for compensating incidental damage, indirect damage, special damage, future damage, and damage pertaining to lost profit.
The Company/Group Company will not take any responsibility for any transaction, communication, dispute, or the like arising between the Registered Partner and another Registered Partner or a third party in connection with the Service or the Company’s/Group Company’s website.
Article 16. Confidentiality
The Registered Partners shall, with respect to information which is disclosed by the Company/Group Company requesting the Registered Partners to handle in confidence, handle it in confidence except where the prior written consent of the Company/Group Company is obtained.
Article 17. Handling of Personal Information
The handling of personal information of the Registered Partners by the Company/Group Company shall be governed by provisions of the “Handling of Personal Information,” and the Registered Partners shall agree that the Company/Group Company handles the user information of the Registered Partner in accordance with the “Handling of Personal Information.”
Article 18. Liability for Damages
If a user inflicts damage on the Company/Group Company, related persons or third parties in breach of each provision herein, the user shall compensate for the damage.
Article 19. Amendment to these Terms, etc.
The Company/Group Company may amend these Terms. When amending these Terms, the Company/Group Company will release content of the amendment to the Registered Partners. After the release of content of the amendment, if a Registered Partner uses the Service or if he/she did not take deregistration procedures within the period specified by the Company/Group Company, the Registered Partner shall be deemed to have agreed to the amendment to these Terms.
Article 20. Communication/Notices
Inquiries in relation to the Service, any other communication or notices from the Registered Partners to the Company/Group Company, and the publication pertaining to amendment to these Terms, any other communication or publication from the Company/Group Company to the Registered Partners shall be given in the manner prescribed by the Company/Group Company.
Article 21. Assignment, etc. of Contractual Status under the Service Terms of Use
The Registered Partner may not, without the prior written consent of the Company/Group Company, assign, transfer, establish security to a third party or otherwise dispose of the contractual status under the Service Terms of Use or rights or obligations founded on these Terms.
If the Company/Group Company transferred the business pertaining to the Service to another company, the Company/Group Company shall be entitled to assign the contractual status under the Service Terms of Use, rights and obligations founded on these Terms, or Registration Matters of the Registered Partners and other customer information to the assignee of the said business transfer, and the Registered Partners shall be deemed to have agreed in advance to such assignment under this paragraph. The business transfer set forth in this paragraph shall include company split and any other cases of business transfer, beside ordinary business transfer.
Article 22. Entire Agreement
The Registered Partners shall confirm that these Terms constitute and represent the entire agreement between the Registered Partners and the Company/Group Company and supersedes any prior communication, representation, understanding and agreement, irrespective of whether oral or written, between the Registered Partners and the Company/Group Company as to the Service Terms of Use.
Article 23. Severability
If any provision of these Terms or a part thereof shall be determined to be invalid or unenforceable by the Consumer Contract Act or other laws and regulations, the remainder of these Terms and the remainder of the provision determined to be partially invalid or unenforceable shall nevertheless remain in full force and effect.
Article 24. Governing Law and Jurisdiction
These Terms and the Service Terms of Use shall be governed by the laws of Japan; provided, however, that if the Company/Group Company providing services is a corporation outside Japan, it shall be subject to provisions set forth in the “Country-by-Country Table”. The parties hereto agree that even if buying and selling of goods arises in the Service, application of the United Nations Convention on Contracts for the International Sale of Goods shall be precluded.
The parties hereto consent to the exclusive jurisdiction of the Tokyo District Court or the Tokyo Summary Court in the first instance for the settlement of any and all disputes arising out of or in connection with these Terms or the Service Terms of Use; provided, however, that if the Company/Group Company providing services is a corporation outside Japan, it shall be subject to provisions set forth in the “Country-by-Country Table”.
[Last updated: August 30, 2021]