These Terms of Service apply to customers who use the services of CoMADO, an online design research tool provided by ACTANT, Inc. (the "Company"). The customers shall use the Service upon agreeing to these Terms of Service. By agreeing to these Terms of Service, a contract subject to the contents of these Terms of Service shall be established between the customers and the Company.
The following terms used in this Agreement are defined as follows.
The service provided by the Company on the Internet in accordance with this Agreement.
The website operated by the Company in relation to the Services.
A user who purchases the Services.
A user of the Services.
This Agreement shall be deemed to be formed when the Company receives an application for use of the Service from the Customer on the Website and the Company indicates the date of commencement of use of the Service, as if the Company had accepted the application.
The Company may change this Agreement in accordance with the provisions of Article 548-4 of the Civil Code. In the event that the Company amends these Terms and Conditions, the Company will notify you of the amendment, its contents and the effective date of the amendment on the Website at least two weeks prior to the amendment.
after the Company notifies the Customer of the contents of the amended Terms and Conditions and the amended version of the Terms and Conditions comes into effect, the contents of the amended Terms and Conditions shall become the contents of this Agreement.
The Service is a service that allows multiple users to share and edit specific images, video, audio and information on the Internet.
The Service may be linked with services provided by third parties other than the Company, and may be provided to users via such external services.
The Company shall provide the Service to Users in accordance with each usage plan determined by the Company. The Company shall post specific details of each usage plan on the Site.
You may use the Service yourself and, depending on the contents of the usage plan described in the preceding paragraph, have users other than yourself use the Service through methods designated by the Company or by fulfilling conditions designated by the Company, such as registration of necessary information.
You shall ensure that Users you allow to use the Services in accordance with the preceding paragraph comply with these Terms.
You shall, at your own responsibility and expense, provide the hardware, software, internet connection lines, security, and other environment necessary for the use of the Services, and if you allow Users other than you to use the Services, you shall provide the same environment.
The provision of the Service does not include the transfer of any copyrights, trademarks, publicity rights, or other intellectual property rights owned by the Company. Users may not use the Service in a manner that infringes on such Intellectual Property Rights, etc.
A paid plan that enables customers to use services, functions, etc. specified by the Company by applying for the plan through a method specified by the Company and paying a usage fee presented by the Company.
The Company reserves the right to change the prices of features that are free or charged for in the Service after a certain period of notice. If you do not agree to such changes, you agree in advance that you may not be able to use all or part of the Service.
Once you register for a paid plan, your registration will continue until you cancel your subscription or until we terminate your registration for any reason set forth in these Terms.
If you fail to pay the subscription fee for a paid plan or otherwise violate these Terms, we may terminate your registration. The Company may terminate your paid plan registration and suspend the provision of the paid plan if you fail to pay the subscription fee or otherwise violate these Terms and Conditions.
You may change your paid plan by completing the change procedures designated by the Company. If a paid plan is changed pursuant to this Article, the start date of the changed plan shall be the day after the expiration date of the previous plan.
You may cancel your paid plan by following the cancellation procedures specified by the Company
In the case of the preceding two paragraphs, the Company shall not make any pro-rata reduction or refund of the usage fees accrued based on the paid plan before modification or cancellation. However, the Company may reduce or refund the said fees if the Company specifies otherwise.
The term of this agreement shall be one month from the date of conclusion of the agreement.
This Agreement shall automatically renew for a period of one month unless the Customer requests termination of this Agreement in the manner specified by the Company prior to the expiration date of the term of this Agreement.
Notwithstanding the preceding two paragraphs, we may stipulate the term of the agreement and renewal of the term of the agreement on the Site or by agreement with you. Such stipulations made in accordance with this paragraph shall supersede the preceding two paragraphs.
The Company shall not reduce or refund the usage fees accrued under the paid plans prior to the termination of this Agreement on a pro-rata basis. However, the Company may reduce or refund said fees if the Company specifies otherwise.
In order to use the Service, you must register your e-mail address and other information designated by the Company.
You shall strictly manage the Registration Information and shall manage it in such a way that it is not known to any third party.
You agree that any use of the Service using your Registration Information shall be deemed to be made by you.
personal information obtained from you by the Company will be used only for the provision of the Company's services and the development of better services, such as notifications thereof. The Company will not provide your personal information to any third party without your consent unless required by law or service provision.
You may not use any copyrighted material provided through the Services for any purpose outside the scope of use of the Services.
If you post a copyrighted work on the Services, you grant us a free of charge license to use said work within the scope of the purpose of use on the Services or advertising the Services, and you shall not exercise your moral rights with respect to said use.
The Company prohibits the following acts in connection with the use of the Service by Users, including Clients.
Any act that violates the Terms of Service.
Infringe or may infringe intellectual property rights, patent rights, design rights, trademark rights, copyrights, portrait rights, or any other rights of the Company or any other third party.
Acts that cause or may cause disadvantage or damage to the Company or other third parties.
Acts that unreasonably damage or may damage the reputation, rights, or trust of the Company or other third parties.
Acts that violate laws and regulations.
Conduct that offends or may offend public order and morals or that is likely to offend public order and morals.
Behavior that is or may be offensive to public order and morals, or behavior that provides other users or other third parties with information that may be offensive to public order and morals.
Criminal activity, behavior that leads or encourages criminal activity, or behavior that may lead to criminal activity.
Providing any information that is untrue or potentially untrue.
Unauthorized access to our systems, tampering with program code related to such access, tampering with location information, willful deception, telecommunications equipment specifications, or other applications Fraud, distribution of computer viruses, or any other activity that interferes or may interfere with the normal operation of this service.
Use of macros and functions or tools that automate operations.
Any activity that undermines or may undermine the reliability of this service.
Use of the Service by impersonating a third party through the use of another User's account or other means.
Fraud, illegal sale or purchase of savings accounts or cell phones.
Activities related to the proceeds of crime, terrorist financing, or suspected such activities.
Any other activity that we deem inappropriate.
The Company may terminate this Agreement without prior notice if the Company determines that any of the activities of the Customer or any user to whom the Customer has caused to use the Service fall under any of the preceding paragraphs.
The Company may temporarily suspend the use of the Service without prior notice to customers and users in the following cases. In no event shall the Company be liable for any damages incurred by the customer or user in such cases.
In the event of periodic or emergency maintenance of systems necessary for the provision of this service.
When this service cannot be provided due to suspension, interruption, or termination of external services.
In the event that this service cannot be provided due to fire, power outage, accident, etc.
In the event that this service cannot be provided due to a natural disaster such as earthquake, eruption, flood, tsunami, etc.
In the event that provision of this Service becomes impossible due to war, upheaval, riot, disturbance, labor dispute, etc.
Technical problems that are difficult to anticipate.
In addition to the above, when we deem it necessary to temporarily suspend provision of the Service for operational or technical reasons.
We reserve the right to terminate this Agreement without prior notice in the event that you fall under any of the following. The same shall apply to a user whom you have allowed to use the Service.
If the customer information notified to us contains falsehoods.
The customer has previously had this Agreement terminated in accordance with these Terms and Conditions.
Your heirs have notified us of your death or we have confirmed your death.
A minor enters into this Agreement without the consent of his/her legal representative.
If a person with limited capacity for action enters into this Agreement without the consent of his/her guardian or conservator.
The customer does not respond in good faith to the Company's request.
In any other case that the Company deems inappropriate.
Notwithstanding any other provision of these Terms and Conditions, if we cause any damage to you or any user due to our responsibility, we shall be liable for compensation only to the extent set forth below.
① In the event of willful misconduct or gross negligence on the part of the Company: the full amount of such damages.
② In case of slight negligence on our part: the amount of damages shall be limited to 10,000 yen within the range of actual direct damages (excluding special damages, lost profits, indirect damages, and attorney's fees).
notwithstanding the preceding paragraph, if you are a corporation or an individual who uses the Service for business or commercial purposes, the Company shall not be liable for any damages incurred by you in connection with the Service, except in the case of intentional or gross negligence on the part of the Company, and even if the Company is liable for damages In the event that we compensate you for damages, the maximum amount of compensation shall be limited to the amount of profit we have earned from the Service.
In the event of a dispute between you and a User or other third party to whom you have caused to use the Service, such dispute shall be resolved between you and such third party, and we shall not be liable in any way. The same shall apply in the event that a user whom you have caused to use the Service suffers damages as a result of the use of the Service.
Our company reserves the right to suspend the Service and related services when Our company reasonably determines that such suspension is necessary. In such cases, the Company shall not be liable for any loss or damage except in the case of willful misconduct or gross negligence on the part of the Company.
You and we shall maintain strict and proper control over the other party's confidential information (including know-how related to this Agreement, information related to our systems, and all confidential technical or business information). You shall not provide services to third parties (including our affiliates and contractors) and shall not disclose, provide, or divulge such information without the other party's prior written consent. The following types of information are not considered confidential
Information already in the data subject's possession at the time of disclosure.
Information that is already publicly known at the time of disclosure or subsequently becomes publicly known for reasons not attributable to the data subject.
Information lawfully obtained from a third party after receiving disclosure.
Information developed or created separately from the disclosed confidential information Information required to be disclosed by law or court order.
You shall ensure that Users who have used the Service by themselves comply with the preceding paragraph.
Upon instruction from the other party or upon termination of this Agreement, you and we shall promptly return or dispose of the Confidential Information in accordance with the other party's instructions after restoring it to its original condition. You shall not use the information thereafter. If we disclose your Confidential Information to our affiliates or subcontractors with your consent, we are not responsible for the handling of such Confidential Information by such affiliates or subcontractors. We may use your Confidential Information for the purpose of providing services under this Agreement to our customers.
① The relationship is such that a member of a criminal organization, etc. is deemed to control the management of the company.
② The relationship is such that a member of a criminal organization, etc. is deemed to be substantially involved in the management of the company.
③ Having a relationship with a person who uses the Service or the services provided by the Company for an unjust purpose, such as for the purpose of giving an unjust gain to oneself, one's company, or a third party, or for the purpose of causing damage to a third party.
④ Having a friendly relationship with a gangster or a person associated with a gangster who is believed to be involved in illegal financing or money laundering.
⑤ The company's officers or persons substantially involved in the management of the company have a relationship with a person who is socially criticized as a crime syndicate, etc.
① Violent demands.
② Unreasonable demands beyond legal responsibility.
③ Acts of defaming the other party, obstructing business, or similar acts by spreading threatening words, actions, or false rumors related to transactions.
We will endeavor to respond to your and your users' inquiries regarding this Agreement, but we are not obligated to do so except as required by law or under these Terms and Conditions.
Contact information for inquiries to the Company shall be in accordance with the Notice Given under The Japan Act on Specified Commercial Transactions, which is separately stipulated by the Company.
Neither you nor the Company may assign, transfer, interfere with, or otherwise dispose of all or any part of your position under this Agreement, or any rights or obligations hereunder, to any third party without the prior written consent of the other party. This shall not apply, however, in the event of a stock or business transfer, merger, corporate split or other reorganization.
If any provision of these Terms is determined to be invalid under law, the other provisions of these Terms will continue to be valid. If any provision of these Terms is held invalid or revoked with respect to one user, these Terms will continue to be valid with respect to the other users.
If you discover a violation of these Terms and Conditions, you must contact the Company. You may not object to the Company's action in response to the breach.
These Terms and Conditions are governed by the laws of Japan.
In the event of any dispute between the Company and the customer, the Tokyo District Court shall have exclusive jurisdiction as the court of first instance.