Effective date: August 17, 2021
These terms and conditions govern your use of the E-tan service (the “Service”) provided by Elpmis Corporation (the “Company”). Please use the Service after agreeing to these Terms.
The definitions of the terms used in this Agreement are as follows
|Services||Services operated by the Company and related services.|
|Website||The website on which the contents of the Services are posted.|
|Contents||General term for text, sound, still images, video, software programs, code, etc. provided on the Services (including posted information).|
|Users||All persons who use the Service.|
|Registered users||Those who have completed user registration for this site.|
|Personal information||General term for information that can identify individuals, such as address, name, occupation, and telephone number.|
|Registration information||General term for information registered by registered users on this site (excluding posted information).|
|Intellectual property||Inventions, devices, new varieties of plants, designs, copyrighted works, and other items produced by human creative activities (including laws or phenomena of nature that have been discovered or clarified and have industrial applicability), trademarks, trade names, and other items that indicate goods or services used in business activities, and trade secrets and other technical or business information useful for business activities.|
|Intellectual property rights||Patent rights, utility model rights, breeder’s rights, design rights, copyrights, trademark rights, and other rights stipulated by laws and regulations regarding intellectual property or rights pertaining to legally protected interests.|
2. Acceptance of this Agreement
- If the user is a minor, please use this service after obtaining the consent of a person with parental authority or other legal representative.
- If a minor user uses this service by falsely claiming to have consent without the consent of a legal representative, or by falsely claiming to be of age, or by using other fraudulent means to make others believe that he or she is capable of acting, all legal acts related to this service cannot be revoked.
- The Company may revise the contents of this Agreement at any time without obtaining the consent of the User, and the User shall agree to such revisions without objection.
- In the event that the Company revises the Terms, the Company shall notify the User of the contents of such revision by the method prescribed by the Company.
- The revision of the Terms shall take effect from the time that the Company gives notice in accordance with the preceding paragraph.
4. Manage your account
- Users shall voluntarily register and manage the information they have registered for use (hereinafter referred to as “registered information”. Users shall voluntarily register and manage their information (including e-mail addresses, etc.) under their own responsibility. The user shall not allow a third party to use this information, or lend, transfer, change the name of, or buy or sell it.
- In the event that there is use of this service based on the registered information, this company may treat it as if the registered user himself/herself had used the service, and the results caused by such use and all associated responsibilities shall belong to the registered user himself/herself.
- In the event that the Company or a third party suffers damage due to the unauthorized use of registered information, the user shall compensate the Company and the third party for such damage.
- Users shall be responsible for managing their own registration information, and this company shall not be held responsible for any disadvantages or damages incurred by users due to inaccurate or false registration information.
- In the event that registered information is found to have been stolen or used by a third party, the user shall immediately notify the Company to that effect and follow the Company’s instructions.
5. Handling of Personal Information, etc.
6. Prohibited acts
When using this service, the Company prohibits the following acts from users (hereinafter referred to as “Users”). In the event that the Company deems that a User has violated any of the prohibited items, the Company may take any action it deems necessary, such as suspending use or deleting posts, and the User shall agree to this without objection.
(1) Infringing the intellectual property rights of the Company or a third party
(2) Actions that defame the honor or credit of the Company or a third party, or unfairly discriminate or slander.
(3) Infringing or threatening to infringe the property of the Company or a third party.
(4) Actions that cause economic damage to the Company or a third party.
(5) Acts that threaten the Company or third parties
(6) Acts that specify or induce computer viruses or harmful programs
(7) Actions that place undue stress on the infrastructure facilities for this service.
(8) Attacks on the server, system, or security of this site.
(9) Attempting to access the Company’s services using methods other than the interface provided by the Company.
(10) Actions that are user acquires multiple accounts.
(11) Besides the above, actions that the Company considers inappropriate
7. Content handling
- Users may use the contents of this service only within the scope specified by the Company.
- The Company retains the rights to all Content provided by the Service, and does not grant the User any license to practice or use the Company’s patent rights, utility model rights, design rights, trademark rights, copyrights, or other intellectual property rights.
- Users are prohibited from copying, transmitting, transferring (including buying and selling between users), lending, translating, adapting, reprinting without permission, secondary use, use for commercial purposes, modifying, disassembling, decompiling, reverse engineering, etc. in any way beyond the scope of use specified by the Company.
- Notwithstanding the preceding paragraph, when a user loses user status due to withdrawal from membership, etc., the right to use the provided content shall also be extinguished.
8. Paid Content
- Paid contents can be purchased for a portion of the Service by paying a fee. The amount of paid contents, payment method and other matters shall be determined separately by the Company and displayed on the Service or the Company’s website.
- The Company may, at its discretion, change the price of any content that is free or charged for in the Service.
- In the event that a user delays payment of the price of paid contents, the user shall pay to the Company a late charges at the rate of 14.6% per annum.
- Paid content is licensed only for the user’s own registered information.
- The Company shall not be liable for any damages caused by changes, interruption, termination in the contents of the Service.
- The Company shall not be involved in, and shall not be responsible for, the user’s environment for using the Service.
- The Company does not warrant in any way that the Service will be suitable for the specific purpose of the User, that it will have the expected functions, commercial value, accuracy, or usefulness, that the use of the Service by the User will comply with laws and regulations applicable to the User or internal rules of industry organizations, or that defects will not occur.
- The Company does not guarantee that the Service is compatible with all information terminals, and the User acknowledges in advance that malfunctions may occur in the operation of the Service due to the upgrade of the OS of the information terminal used to use the Service. The Company does not guarantee that such problems will be resolved by the Company’s modification of the program, etc. in the event that such problems occur.
- The Company shall not be liable for any damages directly or indirectly incurred by users as a result of using this service.
- The Company shall not be liable for any loss of opportunity, interruption of business, or any other damages (including indirect damages or lost profits) incurred by users or other third parties, even if the Company has been notified of the possibility of such damages in advance.
- In the event that the Company is liable for damages regarding as the use of the Service, the Company shall be liable for compensation up to the amount of usage received from the User in the month in which the relevant damage occurred.
- The Company shall not be responsible for any disputes or troubles between users and other users. In the event of a dispute between a user and another user, both parties shall be responsible for resolving the dispute and shall not make any claim against the Company.
- In the event that a user causes damage to another user or a dispute arises with a third party in relation to the use of this service, the user shall, at his/her own expense and responsibility, compensate for such damage or resolve such dispute, and shall not cause any inconvenience or damage to the Company.
- In the event that the Company receives a claim for damages, etc. from a third party as a result of the User’s conduct, the User shall resolve such claim at the User’s expense (including attorney’s fees) and responsibility. In the event that our company pays compensation for damages to third party, the user shall pay all costs (including attorney’s fees and lost profits) including said compensation to our company.
- In the event that a user causes damage to the Company in relation to the use of this service, the user shall compensate the Company for the damage (including judicial cost and attorney’s fees) at the user’s expense and responsibility.
Users are deemed to understand and agree that the Service may contain any and all advertisements, and that the Company or its partners may place any and all advertisements on the Service.
11. Termination of service
- The Company may terminate the Service by notifying the User in an appropriate manner.
- Users shall agree without objection in advance that in the event that termination of the Service, they shall lose all rights to use the Paid Contents and shall not be able to use the Paid Contents thereafter.
- In the event that the Service is terminated for any reason whatsoever, the Company shall not be liable for any damages incurred by users or third parties resulting from such termination.
12. Prohibition of Assignments of rights
- The Company may transfer all or part of the Service to a third party at the Company’s discretion, in which case all rights of the User pertaining to the Service, including the User’s account to the extent of the transferred rights, shall be transferred to the transferee.
If any part of these Terms of Service is held invalid or unenforceable, that part will be construed to reflect the drafter’s original intent, and the remaining portions will remain in full force and effect.
The user’s contact or inquiry to the Company regarding the Service shall be made by sending an inquiry form set up in the Service or the website operated by the Company, or by a method separately designated by the Company.
15. Governing Law, Venue
1. Elpmis is located in Tokyo, Japan. These Terms of Service and any access to or use of the Service will be governed by the laws of Tokyo, Japan.
2. Any dispute subject to Binding Arbitration will take place in Tokyo, Japan