Ipros Corporation (hereinafter referred to as any of “we,” “us” or “our”) provides services on the following conditions and provisions. Upon the use of “Tech Directory” (the “Site;” the services provided by us through the Site are hereinafter referred to as “Our Services”), users shall accept the restrictions pursuant to the conditions and provisions of these Terms of Use (as defined below). Users are deemed to agree to the Tech Directory Terms of Use (these “Terms of Use”) upon the use of the Site by accessing the Site in any manner, and users shall accept the restrictions pursuant to the conditions and provisions of these Terms of Use.
Article 1 General Provisions
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(1)
These Terms of Use will apply to any and all use of the Site by the users. Users shall comply with these Terms of Use upon the use of the Site.
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(2)
The Site includes certain services (“Member Services”) that are provided only to users who are registered as members (“Members”). Members shall comply with the Terms of Membership as well as these Terms of Use.
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(3)
Users who intend to use the services for which individual provisions are provided in the Site shall comply with these Terms of Use and the individual provisions of the relevant services. If these Terms of Use contradict the individual provisions, the individual provisions will prevail, and these Terms of Use and the individual provisions will both apply to the remaining parts.
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(4)
The Terms of Membership and the individual provisions of each service constitute a part of these Terms of Use, and all of these combined constitute these Terms of Use.
Article 2 Our Services
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(1)
Information provided and posted by a third party other than us, and disclosed and provided to users and Members through Our Services (including, but not limited to, company information, product information, catalogs and advertisements) is referred to as “Third Party Information.” Third Party Information is provided by a Member who registers and posts such Third Party Information at his or her own responsibility, and we are not involved in the content of Third Party Information. Therefore, we will not be in any way responsible for investigating and confirming the content of Third Party Information. We will not be responsible for explaining Third Party Information.We will not warrant the truth, correctness, currency, usefulness, reliability, legality or non-infringement of a third party’s right of Third Party Information. We will not be responsible for any damage arising from the content of Third Party Information or its use by users. Users are requested to use Our Services at their own judgment and responsibility.
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(2)
Our Services are available to individuals or companies able to execute a contract legally binding in the country of residence thereof. Users of Our Services must be 18 years of age or over. We may refuse the use of the services at our discretion.
Article 3 Matters Prohibited from being Conducted by Users
We prohibit users from conducting the following acts:
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a )
registering a false name or other false information or information illegally obtained;
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b )
infringing our property, privacy, copyrights, patent rights, trademark rights or other intellectual property rights, trade secrets or any other rights, or those of other users or third parties;
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c )
defaming or slandering, damaging the reputation of, or blackmailing us or other users or third parties, or otherwise conducting acts that lack dignity or cause discomfort to others;
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d )
conducting acts that violate, or are likely to violate, any laws or ordinances regardless of whether due to willful misconduct or negligence;
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e )
conducting acts for which users are not able to be responsible;
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f )
causing damage or loss to, or wrongly revising or changing, computers, systems, personal information or other various data, wrongly collecting information or data, or any other unauthorized access;
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g )
conducting acts that lead to crimes or criminal activity;
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h )
offending public order or morals;
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i )
using (meaning use in any and all forms, including but not limited to copy, sale, resale, or publication) information obtained by accessing the Site for purposes other than discussion or transaction with business operators with which users’ purposes are consistent;
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j )
collecting the information posted on the Site without our consent;
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k )
conducting acts with an aim to advertise or promote by methods other than registration as an Exhibition Member on the Site or paid services to be provided upon a separate agreement with us;
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l )
conducting, or being involved in, political activities, campaign activities, religious activities and other activities;
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m )
conducting acts likely to cause us to violate relevant laws, regulations or ordinances; or
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n )
conducting acts that obstruct, or are likely to obstruct, our operation or that of the Site, or damage, or are likely to damage, our credibility or that of the Site.
Article 4 Violation of Terms of Use
If we discover acts or the like that violate these Terms of Use, we may immediately suspend the use of Our Services by the violating user without giving notice, and delete the registration or posting that corresponds to such violation. In this case, we will not be responsible to such violating user or any third party.
Article 5 Our Rights in Content, Etc.
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(1)
All property rights, copyrights, trademark rights, patent rights and other intellectual rights, and any other rights in the content posted on the Site, other than the content such as Third Party Information, and videos and information posted on the site of other companies linked to the Site, belong to us.
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(2)
The content (including Third Party Information) posted on the Site and all the software (the “Software”) used in connection with the Site are protected by the Copyright Act, the Trademark Act, the Patent Act and other laws and ordinances regarding the protection of intellectual properties, the Unfair Competition Prevention Act and other laws.Without our prior approval, users shall not copy, transmit (or make transmittable), distribute, assign, lease, translate, adapt, secondarily use, license or commercialize the Site or the Software, or content included therein (irrespective of whether in whole or in part). Users shall not copy, transmit (or make transmittable), distribute, assign, lease, translate, adapt, secondarily use, license or commercialize Third Party Information without approval of the relevant provider.
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(3)
If a user violates this Article and infringes our rights, we have the right to suspend such violation, the right to suspend the use of the matters arising from such violation, the right to claim for removal of the results of such violation, and the right to claim for damages arising from such violation. If a user uses Third Party Information without the consent of the relevant provider, we will not be obligated to suspend or remove such violation on behalf of the provider, and will not be responsible for indemnifying the provider for damages. The provider shall, at his or her responsibility and expense, take measures or responses against such violating user.
Article 6 Responsibility for Compensation
Users shall, whether in or outside of a nation, and whether in or out of court, compensate for the following damage incurred by us and necessary legal costs (including those incurred upon participation in litigation as we determine necessary, and including attorneys’ fees, whether in or out of court):
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a )
loss or damage incurred by us in connection with the acts by the users or the information, data, files and other content provided or registered by the users (including those directly incurred by us and arising in connection with a claim made by a third party);
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b )
loss or damage arising from the claims made by a third party against us due to the sale and purchase, provision of services or prior negotiation therefor between the users and such third party; and
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c )
other loss or damage incurred by us in connection with the violation of these Terms of Use (including those directly incurred by us and arising in connection with the claim made by a third party).
Article 7 No Intervention in Transaction
We will not intervene in any discussion or transaction between the users arising from the provision of Third Party Information through Our Services. Users shall execute the transactions at their own responsibility. Therefore, we shall not be responsible for any dispute between the parties or with any third party arising in respect of, out of, or in connection with actual negotiations, transactions or payments between the users, or any loss or damage arising in connection with such dispute.
Article 8 Disclaimer
We shall not be responsible for any damage (which means any disadvantage including business interruption, mental damage, or other monetary damage or loss or expenses; “Loss or Damage”) arising from the use of Our Services. In addition, we shall, whether directly or indirectly, not be responsible for any of the following damage:
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a )
Loss or Damage arising from change, interruption, suspension or termination of all or part of the provision of Our Services;
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b )
damage caused by computer virus or unauthorized access that are unable to be prevented by commonly taken measures, damage caused by strike or acts of God, or other damage caused by a reason not attributable to us (a “Force Majeure Event”);
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c )
if the Site links to site or resources other than the Site (“External Site”) or External Site links to the Site, liability in relation to the use of the External Site, or Loss or Damage arising from or in connection with the External Site; or
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d )
other Loss or Damage incurred by the users upon their use of Internet.
Article 9 No Warranty
We do not warrant any of the following matters:
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a )
absence of defect, error or problems in the provision of Our Services;
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b )
accuracy of the information or the like obtained through Our Services; or
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c )
satisfaction of users’ expectations of Our Services or the goods, services, information or other items obtained through Our Services.
Article 10 Interruption or Termination of Our Services
We may interrupt or terminate all or part of the provision of Our Services (including Member Services) without the approval of users due to maintenance of equipment for our own reasons or for other unavoidable administrative reasons, or due to a failure of the provision by a telecommunications carrier of the services used by us.
Article 11 Amendment to Terms of Use
We may, at our discretion, amend these Terms of Use separately from and independently of other Terms of Membership and individual provisions from time to time. We will notify the details of amendment by indicating them on the Site. If users do not agree to revisions or amendments, users shall suspend the use of Our Services. The revisions of or amendments to these terms become effective immediately after they are posted on the Site. It is deemed that users agree to the revised or amended terms by continuing their use of Our Services, and the latest terms of use will prevail.
Article 12 Comprehensive Agreement and Severability
Users’ agreement on these Terms of Use and other Terms of Membership and individual provisions constitutes a comprehensive agreement on Our Services between the users and us. Therefore, users are not permitted to partially agree to or refuse these terms. If a part of the terms conflicts with laws or ordinances, only such part will be deemed to be invalid, and the remaining terms will remain effective.
Article 13 Transfer of Agreement on Terms of Use upon Business Transfer
If all or part of Our Services are transferred by us to other companies, all of such services will be automatically transferred to the transferees.
Article 14 Governing Law and Jurisdiction
These Terms of Use and the Terms of Membership, individual provisions and other rules are governed by, and are construed in accordance with, the laws of Japan irrespective of the countries or areas where users reside. The Tokyo District Court has exclusive jurisdiction as the court of first instance over any claim.
Article 15 Translation of Terms
If a translation of these Terms of Use differs in interpretation from or contradicts the Japanese version of these Terms of Use, the Japanese version will prevail.