Welcome to QOOLJAN. QOOLJAN is websites and applications that introduce Japanese unique things. We hope that you will use this services, but please note that your utilization is subject to your review and agreement with these Terms of Service. This document describes in detail your rights and our rights about QOOLJAN, so please review these Terms carefully.
Article 1. Applicability
1. The purpose of these Terms of Service is to set forth the terms for providing the Services and the rights and obligations between the Company and the Users, and these Terms shall apply to all aspects of the relationship between you and the Company in connection with the Services.
2. If there is any conflict between these Terms and any othe description of the Services not porvided for herein, these Terms will prevail.
Article 2. Definitions
For purposes of these Terms, the following terms have the following meaings.
(1) “Company” means QOOLJAN.
(2) “Services” means any and all services provided by the Company under the name” QOOLJAN” (or if such name or the content of such services has been modified for any reasons, such modified services).
Article 3. Prohibited Actions
When useing the Services hereunder, the User may not conduct any of the following acts or any act that the Company determines falls under any of the following:
(1) acts that violate any laws or regulations or that are associated with criminal activity;
(2) acts that defraud or threaten the Company, other Users or other third parties;
(3) acts against public order and good morals;
(4) acts that infringe any IP Rights, portrait rights, privacy rights, reputation or other rights or profit of the Company, other Users, shops and companies reported in the Services or other third parties;
(5) acts to transmit to other Users, through the Services, any of the following or any transmissions that the Company determines includes under any of the following:
– excessively violent or cruel content;
– computer viruses or other hazardous computer programs;
– content that damage the reputation or the credit of the Company, other users of the Services or shops and companies reported in the Services or other third parties;
– excessively indecent content;
– content that encourages discrimination;
– content that encourages suicide or self-mutilation;
– content that encourages drug abuse;
– antisocial content;
– content for the purpose of disbursing information, such as chain mails;
– content that causes uncomfortable feelings to third parties;
– content for the purpose of encountering unacquainted persons of the opposite sex;
(6) acts that place an excessive burden on the network or system of the Services;
(7) acts that threaten to interrupt the operation of the Services;
(8) acts to access or attempt to access the system or network of the Services improperly;
(9) acts to impersonate a third party;
(10) acts of exploitation, advertisement, soliciting or marketing without the Company’s prior consent;
(11) acts to collect information of other users of the Services;
(12) acts that cause disadvantege, damage or uncomfortable feelings to other users of the Services or shops and companies reported in the Services or other third parties;
(13) acts to provide Antisocial Forces with profit;
(14) acts that are intended to encouter unacquainted persons of the opposite sex;
(15) acts that, directly or indirectly, evoke or facilitate acts listed in the preceding items; or
(16) other acts that the Company deems to be inappropriate.
Article 4 Suspension of the Servicies
1. The Company shall be entitled to, without any advance notice to the User, suspend or discontinue the Services, in whole or in part, in the event that:
(i) Inspection or maintenance of the computer system for the Services needs to be performed due to urgent circumstances;
(ii) Computers or communication lines have been disrupted due to an accident;
(iii) The Company becomes unable to provide the Services due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
(iv) The Company determines that suspension or discontinuance is required for other reasons.
2.Under no circumstances shall the Company be liable for any damages incurred by the User arising out of any measures taken by the Company pursuant to this Article 4.
Article 5. Ownership of Rights
Any and all IP Rights related to the Website and the Services are expressly reserved by the Company or the Company’s licensor. Nothing contained herein shall be construed as granting to the User a license of the IP Rights owned by the Company or the Company’s licensor.
Article 6. Services Modification and Termination
1. The Company shall be entitled to at any time modify or terminate the Services in its own discretion.
2. The Company shall not be liable for any damages incurred by the User arising out of, or in connection with, any actions taken by the Company pursuant to this Article 6.
Article 7. Disclaimer and Waiver of Warranties
1.THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES (including but not limited to any representation or warranty (i)of fitness or sutability for a particular purpose contemplated by the User, (ii)that the Services have expected functions, commercial value, accuracy, or usefulness,(iii)that the use by the User of the Services complies with the laws and regulations applicable to the User or any internal rules established by industrial organization, and (iv)that the Services will be free of interruption or defects).
2.The Company takes the utmost care regarding the operation of the Services and the information contained herein. However, the Company makes no representation or warranty of any kind with respect to the reliability or accuracy of this information.
3.Under no circumstances shall the Company be liable for any damages incurred by the User arising out of discontinuance, suspension, termination, unavailability, or modification by the Company of the Services, cancellation or loss of messages or information transmitted by the User to the Services, or otherwise in connection with the Services (“Damages”).
4.The Company shall not in any way be liable for transactions, communications or disputes arising between the User and other Users or shops and companies reported in the Services or a third party in connection with the Services or the Website.
Article 8. Confidentiality
The User shall keep confidential any and all non-public information disclosed by the Company to the User for which the Company has imposed on the User a confidentiality obligation in connection with the Services, unless the User has obtained prior written approval from the Company.
Article 9. Treatment of User Information
2.The Company may, in its sole discretion, use or make public any information or data provide by the User to the Company as statistical information in a form that cannot identify an individual, and the User may not challenge or dispute such use.
Article 10. Amendments
The Company revserves the rights to change these Terms, and provide the User with notice of such change by posting the revised draft of the Terms on the Website. The User continued use of the Services or Website after such changes will indicate your acceptance of such changes.
Article 11. Notice
Any inquiries with respect to the Services or other communications or notices from the User to the Company, or the notices concerning any amendment to these Terms or other communications or notices from the Company to the User shall be made in accordance with the procedures specified by the Company.
Article 12. Assignment
In cases where the Company has assigned the business regarding the Services to a third party, the Company may, as part of such assignment, assign to such third party its status under the Service Agreement, its rights and obligations under these Terms, and the Registration Information and other information relating to the Registered User, and the Registered User hereby agrees to such assignment in advance. For the purposes of this Article 12, the business assignment referred to above shall include, in addition to the usual form of business assignment, a split of the Company or any other form of restructuring of the Company that would result in a business transfer.
Article 13. Severability
If any provision of these Terms or part thereof is held to be invaild or unenforceable under the Consumer Contract Law of Japan or othe laws or regulations, the remaining provisions hereof shall remain in full force and effect.
Article 14. Coverning Law and Jurisdiction
1.These Terms shall be governed by the laws of Japan. If there are salse of goods in the Services, the United Nations Convention on Contracts for the International Sales of Goods (CISG) shall not apply.
2.Any and all disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court in the first instance.
These Terms shall be executed in the Japanse language. Japanese shall be the governingu language and any translation of these Terms into any other language is for convenience of reference only and shall not bind the parties hereto.