This Regicloud Terms of Service (hereinafter referred to as “Terms”) will define conditions for use of the Regicloud Service (hereinafter referred to as “Service”, defined in the following clauses) and publications and management of account required for the usage of Service (hereinafter referred to as “Account(s)”, also defined in the following clauses), which are provided by Caters inc. company (hereinafter referred to as “Company”).
The Company will recognise that the user has agreed to the Terms at the point of use of Service, and the Terms will be applied as of that moment.
The company will provide users the Accounts based upon this Terms, and the user should keep to these Terms, along with other terms defined in the corresponding terms of other services (Regipad and/or Regiphone Terms of Services). This Terms will also include details of service, other regulations, and warnings (including warnings or cautions displayed when using the Service) as part of the Terms.
2. Definition of Services
“Regicloud Service” is a term used to call the set of or individual services provided by the Company.
“Account” refers to the ID which is given by the Company to users wishing to use the Regicloud Service.
3. The Issue, Management, Disabling of user accounts
The User is required to register necessary information in order to have the Account issued.
The User must manage their given account at their own responsibility, and should not trade, lend, sell, give or transfer to third-person. The Company will not compensate nor bear any responsibility for damages which occur as a result of inappropriate use of account or unauthorized use by third-person.
During use, the company can take any measures including disabling of account when there was a use of user account which the Company considers inappropriate. This will include taking legal measures.
4. Prohibited Acts
Upon use, the User must not commit the following acts or acts that may lead to these acts.
(1) Criminal acts or acts which may lead to criminal acts.
(2) Acts which may violate the rights of others, including copyrights, trademarks and other IPs, right to privacy, honour rights and others.
(3) Acts which discriminate the Company or any other third-parties.
(4) Acts which may violate the conduct of Service including committing illegal or unauthorised access to server.
(5) Act of using part of whole of Service beyond range of personal use, including duplicating, copying, transferring, reprinting, accumulating, selling, publishing, and other acts without prior consent from the Company.
(6) Act of transferring, re-licensing, or mortgaging the user license to a third-party.
(7) Act of reverse-engineering, reverse-compiling, reverse-assembling, and other acts which correspond with it.
(8) Acts which defect the credibility of the Company or any other third-party.
(9) Act of receiving service pretending to be someone else.
(10) Act of breaking the law, or going against this Terms, or treating the public order.
(11) Act of accessing the Service by means other than that provided by the Company.
(12) Troublesome behavior for the Company or a third-party.
(13) Act of providing contents for commercial or sales promotion purposes.
(14) Act of providing false information to the Company.
(15) Other acts which the Company decides inappropriate.
When the User has violated the Terms or has committed acts which the Company judges inappropriate, the company may take serious measures including disabling of accounts, requesting compensation, and any other measures (including legal measures) required to stop a user from taking such actions. In those cases, the Company will not bear any responsibility for compensating any damages caused to the User as a result of the measures taken.
5. Disclaimers and limitation of liability
The Company does not ensure the Service to be completely free of bugs, errors or network disturbance, and any other contents or e-mails that is provided alongside to be free of harmful contents such as computer viruses.
The Company does not ensure accuracy, newness, perfectness, usefulness, purpose fulfillness, safety, legality, and truthfulness of information provided by the Service.
The content provided as advertisement on the Service screen such as links, affiliates, banner, trackbacks and any other kind, is made based on the information provided by the advertiser, and the Company does not bear any responsibility to the content of the advertisement. Also, any commercial transaction with the advertiser (including appliance to promotions such as reward campaigns) must take place upon the responsibility of User and the advertiser, which may include payments for products, decision for contracts, assurance, and liabilities. The Company does not take any responsibility for damages that occur due to the trade or due to the posting of certain advertisement.
The User must note in advance that there may be cases where a part or whole of the Service cannot be provided due to network environment or other factors. The Company do not bear any liability for damages caused as a result of slow display speed or network failure due to access overload or any other unpredictable factors.
The Company is not obliged to change or update the Service when the devices, equipment, or software which User uses (including devices necessary for using the Service, such as printers. hereinafter referred to as “User Devices”) is not fit for the Service. To use the Service, the User must prepare adequate User Device which the Company designates otherwise. Also, the Company may apply updates, changes, or modifications to the software without advance notice to the User, and the Company will not be liable for any damages caused as a result of such updates.
The Company is not liable for any damages caused to the user as a result of unpredictable causes such as computer viruses which cannot be prevented with regular anti-virus measures, natural disaster, and other factors outside of the Company’s responsibility such as electricity or network services.
The Company is not liable for any troubles between the User and a third-party caused as a result of usage or unavailability of the Service. The User must respond to any inquiries about the Service from indirect users in such cases on their own responsibility, without troubling the Company.
The Company will not compensate nor be liable for damages occurred to the User as a result of using the Service. However, there may be exceptions when it’s obvious that there’s gross negligence or intention by the Company. In those cases, the Company will bear liability for compensation to the User in limitation to direct damage. However, the amount of compensation will be limited to the total amount of user license fee paid by the User on the year of incidence.
6. Treating personal information and other data
The User must follow relating laws and other regulations, and manage personal information properly. When there is any trouble between the User and a third-party regarding the User’s management of personal information, the User must handle it under their own responsibility.
The Company may use the registered e-mail as a means for sending information in the form of e-mail magazine or advertisements. The e-mail may include information provided by a third-party which signed a contract with the Company.
The User must take care of the information sent or input via the device with regard to using the Service (hereinafter referred to as “Provided Information”) under the User’s own responsibility, and the Company will not bear the liability to save that information. Even if the Provided Information is saved in the Company’s server, the Company will not be obliged to provide backups or provide that information to the User.
The Company will not ensure the safety and consistency of the Provided Information, and will not bear any liability for the damage caused to the User or a third-party as a result of any loss or damage of the information, under any circumstances (this will include cases with gross negligence or intention by the Company, although clause 8 in the previous article describes otherwise).
The Company may publish, use, or provide to a third-party the information of User related to the usage of the Service (this will include, but not limited to, the Provided Information), without regard to the length of usage period, by processing the information to formats in which an individual cannot be identified.
7. Suspension, Modifying and Termination of the Service
In the following cases, the Company may, without prior notice to the User, suspend or terminate part or whole of the Service. In those cases, the Company will not be liable for any damages caused to the User or a third-party as a result.
(1) To execute regular or irregular server or other system maintenance for providing the Service. (This will include cases for responding to changes in third-party services)
(2) Inability or difficulty due to fire, power failure, or other disasters.
(3) Inability or difficulty due to war, civil war, riots, labor unrest and other social disturbances or unstableness.
(4) In cases the Company finds difficulty or inability to continue the Service due to system failure, unauthorized access by third-party, or infection by computer virus.
(5) In cases the Company finds difficulty or inability to continue the Service in regards with legal measures.
(6) In cases the Company finds difficulty or inability to continue the Service due to suspension or termination of third-party service. This may include, but not limited to, system maintenance, change in service specifications, or suspension due to defects.
(7) In any other cases the Company finds difficulty to continue the Service.
Without any relevance to the above clause, the Company may suspend, change, add or terminate any part or whole of the Service without any prior notice to the User, and in any of those cases the Company will not be liable for compensation to the damages which may be caused to the User as a result of the above measures.
8. Service Fees
The Company will provide the Service for a designated fare, and the content and the price (hereinafter referred to as “Fee”) will be posted on the Service website.
The Company will take it for granted that the User has agreed to the Terms and other relating agreements for the Service at the point the Company confirmed a payment of the Fee.
The User will pay the Fee via means designated by the Company, which may include transfer or credit card payment. Service fees and any corresponding fees must also be paid by the User.
The User must take full responsibility for resolving disputes between the User and any payment processors regarding payment of the Fee, and the Company will not take any liability.
The Company will not refund the Fees paid to the Company under any reason.
The Service payment contract will be updated automatically, and the Fee will be deducted until the User resigns on their own. The Company will post on the website how to resign from the Service, and the User must follow those instructions to end automatic updates.
In case if there is no payment of Fee up to a predesignated due date, the Company will terminate the Service for the User as of the end of paid terms.
The Company may change the amount of the Fee. The new Fee will be applied to all users after the date designated by the Company.
9. Change of the Terms
When there is a change in the Terms which the Company decides important, the Company will post notice about the content or conditions of the change (hereinafter referred to as “Modifying Conditions”) on the Service prior to the date of application.
The User must resign from the Service as designated otherwise by the Company if he/she does not agree to the Modifying Conditions.
The Terms will be changed accordingly to the Modifying Conditions at the predesignated date, and even if the User has resigned from the Service as described in the clause above, the Company will see that the User has agreed to the new Terms if the User use part or whole of the Service after the date of change, and the use will be subject to the changed Terms.
10. Obligation to Confidentiality
The User must not, without any prior written consent from the Company, copy, duplicate, destroy, modify, or reveal to any third-party the information about the Company or its technologies acquired as a result of using the Service (hereinafter referred to as “Confidential Information”), not questioning before or after the start of usage. The User must also not use the information for commercial purpose, except for cases such as;
(1) An information which is already open to public at the moment of disclosure.
(2) An information which became public after disclosure, by reason not put down to the User.
(3) An information obtained from a third-party legally and without bearing obligation to confidentiality.
(4) Any information gained as a result of own development, not as a result of disclosure from the Company.
The User must take their own security measures to protect from unauthorized access to Confidential Information, loss, destruction, manipulation, and leakage.
The User must, under a request from the Company, return or discard any Confidential Information by following the Company’s orders, handled with care for information leakage. This will also apply in a case where the initial purpose of disclosure has been dissolved.
When the User has been ordered by the nation or any other state power to disclose information, the User can disclose the Confidential Information without regard to the first clause. However, the User must be obliged to swiftly notify the Company the fact of being ordered, and try to keep the information as secure as possible.
11. Intellectual Property Rights
All rights (including but not limited to; proprietary rights, intellectual rights, portrait rights, or publicity rights) for any contents provided via the Service, including texts, images, video and audio files, programs, and any other kind of data (hereinafter referred to as “Contents”) belong to the Company or a third-party who hold the original rights, and the User must not, without questioning the format or means, copy, duplicate, transfer, sell, publish or use the data in any other kind of forms outside of one’s own shops.
The Company will not guarantee, whether secretive or openly, any content or the Service itself to be completely free of intellectual property infringements.
The Company may use the user-related data, such including, but not limited to, product data and sales data (hereinafter referred to as “User Information”) freely, and may modify, duplicate or delete certain parts of the data upon use. This may include, but not limited to, screen display of the Service, or other types of media (which may include, but not limited to, medias that the Company owns, or other partners that use the User Information as described in the following article). Even in cases the User possesses moral rights, the User may not claim such right.
The User must ensure that the User Information does not infringe third-party rights (which may include but not limited to intellectual rights or portrait rights), or confidential information of corporation, or privacy rights, and that the User possesses all the rights in order to grant the Company the usage rights as described in the clauses above.
In case the User has received claims from third-party (this will not question whether it’s judicial or involve compensation or injunction), or such claim has been identified by the Company, the User must respond to such cases under their own cost and responsibility, and the Company will not take any responsibility for that before or after the use of the Service.
12. How We Treat User Information
The Company may, without prior notice or agreement with the User, provide User Information to our partners (hereinafter referred to as “Partner”), and the User shall grunt prior permission for this.
The Company will not ensure whether or not the User Information will be provided to Partners, or if the User Information will be used in any forms, or if the User Information will be kept new.
The User must respond to inquiries or claims from users who saw the User Information at our Partners under their own responsibility.
13. The Responsibility of the User
The Company will not take any responsibility for damages caused to the User as a result of having their ID or passwords used by a third-party. The Company will take it for granted that any activity under registered ID and passwords are committed by the rightful owner, and the User must bear liability for compensation for any damages caused as a result of inappropriate use such as the case above.
The User must be fully responsible for all their activities (this will include, but not limited to actions and resulting outcome of responsibilities described in this article), and shall not affect the Company with any prejudice, burden or damage.
If the User receives some inquiry or claim from a third-person while using the Service, the User must respond under their own cost and responsibility, and not to damage the Company. If the Company receives any prejudice, burden or damage as a result of an action by the User, the User must compensate for any prejudice, burden or damage (including attorney fees and other costs) to the Company.
If the Company receives some inquiry or claim from a third-person as a result of the User’s usage of the Service, the User must compensate for any fees including attorney fees required to respond to such inquiry or claim. If the Company was forced to pay compensation or other costs to the third-person, the User must pay the same amount of money, and any other fees required to settle such disputes.
14. Elimination of Anti-Social Forces
The User must ensure that they do not belong to crime group or syndicates, and must not be a member of crime group, or within 5 years since they got out of the group (hereinafter referred to as “Crime Group Member”). The User must ensure that they do not apply to the following clauses, now and to the future.
(1) To have a relationship with Crime Group Member ownership
(2) To have a relationship that is deemed to be substantially involved in management of Crime Group.
(3) To have a relationship deemed to inappropriately use Crime Group Members for gaining profits for themselves or their surroundings.
(4) To have a relationship deemed to be giving monetary support or other kind of supports.
(5) For directive class and other management positions to have an inappropriate relationship with Crime Group or its’ Members.
The User must ensure not to commit any of the following acts.
(1) Ordering or requesting with violence
(2) To possess a relationship with seeming direct involvement with ownership
(3) Unjust request or order outside of the legal liability.
(4) Dissemination of rumors, damaging the credit of counterpart by using force or fraud, or other actions to interfere with the service of counterpart.
(5) Other actions similar to above.
The Company may re-entrust part or whole of the business related to the Service to a third-party, and the User shall accept this in advance.
While the business is re-entrusted to a third-party, any action or notification given to the User by the operating company shall be seen as taken by the Company.
In the case above, any action or notification from the User to the operating company shall be seen as taken to the Company.
16. Prohibition of Transfer of Rights or Obligation
Except if there’s an exceptional clause written in this Terms, the User cannot, without prior written consent with the Company, transfer, lend or mortgage any rights or obligations to a third-party.
When the Company transfer a business related to the Service, the Company can transfer the rights and obligations based on this Terms, and any information acquired from the User in relation to the Service usage can be transferred to the recipient, and it shall be taken for granted that the User has agreed to this. Also, this transfer of business shall include, besides the regular transfer of business, the cases with splitting the Company or other types of business transfer.
17. Choice of Law, Exclusive Venue
The laws of Japan govern this Terms.
If any litigation is necessary to solve disputes regarding the Service between the User and the Company, the Utsunomiya District Court will be an exclusive venue for litigation of the first trial.
Even if any provision of these Terms is found unenforceable, it will not affect the validity and enforceability of any remaining provisions.
Even if any provision of these Terms is found invalid or unacceptable in relationship with a certain User, the Terms will still be valid between other Users.
19. Arguments and Resolutions
When there is a case outside of that described in the Terms, or when there is a doubt in how the Terms should be understood, the User and the Company shall argue and try to resolve it in good faith.
These Terms were written in Japanese, and when the translated version of these Terms conflict with the original Japanese version, the Japanese version will control.