These Terms of Use (the "Terms") set forth the terms and conditions for the provision of the Service (as defined below), and the rights and obligations between us and the registered users. You must agree to the Terms by reading the entirety before using the Service.
The purpose of the Terms is to set forth the terms and conditions for the provision of the Service and the rights and obligations between the Company (as defined below) and the Registered Users (as defined below), and the Terms shall be applied to all aspects of the relationship between the Registered Users and the Company in connection with the Service.
Any rules for use of the Service posted on our website at the "Rules" shall constitute an integral part of the Terms.
If there is any conflict between the Terms and the Rules or any other description regarding the Service not provided for herein, the Terms shall prevail.
For purposes of the Terms, the following terms have the following meanings.
(1) "Service Agreement" means the agreement relating to the use of the Service to be executed under the terms and conditions of the Terms between the Company and the Registered User.
(2) "IP Rights" means copyrights, patents, utility model rights, design rights, trade mark rights and other intellectual property rights (including rights to obtain, or apply for registration of, such rights).
(3) "Posted Data" means any content, including but not limited to text, images, animation and other data, that is posted or otherwise transmitted by the Registered User through the Service.
(4) "Company" means heartiogram.
(5) "Website" means such website as may be from time to time operated by the Company, whose domain name is heartiogram.com (or if the domain name or content thereof is modified for any reasons, such modified website).
(6) "Registered User" means any person or entity that has been registered as a user of the Service pursuant to Article 3 (Registration).
(7) "Service" means the service provided by the Company under the name of heartiogram (or if the name or content thereof is modified for any reasons, such modified service).
A person wishing to use the Service may apply to the Company for registration to use the Service by agreeing to comply herewith and providing certain information as specified by the Company (the "Registration Information") in accordance with the manner as may be prescribed by the Company.
The Company shall determine whether to register the person that has made an application pursuant to Paragraph 1 of this Article 3 ("Applicant") in accordance with the Company's criteria, and if the Company approves the registration, it shall notify the Applicant to that effect. The Applicant's registration as a Registered User shall be completed upon the notice by the Company pursuant to this Paragraph.
Upon completion of the registration pursuant to the preceding Paragraph, the Service Agreement shall become effective between the Registered User and the Company, allowing the Registered User to use the Service pursuant to the Terms.
The Company reserves the rights to refuse registration or re-registration of any Applicant without any obligation to disclose the reasons, in the event that:
(1) The whole or any part of the Registration Information provided by the Applicant to the Company is found to be false, inaccurate or omitted;
(2) The Applicant is a minor, adult ward or person under curatorship or assistance, and applicable approval or consent has not been obtained from such Applicant's legal representative, guardian, curator or assistant;
(3) The Applicant is determined by the Company to (i) constitute an organized crime group or a member thereof, rightist organization, anti-social force or other similar person or entity (collectively, "Antisocial Force"), or (ii) have any interaction or involvement with an Antisocial Force in any manner such as assisting or being involved in the maintenance, operation or management of an Antisocial Force by way of finance or other means;
(4) The Applicant is determined by the Company to be a party having violated any agreement with the Company, or to have been involved with such violating party;
(5) The Applicant has suffered any of the measures under Article 10; or
(6) In addition to the foregoing, the Company deems the registration inappropriate.
The Registered User shall promptly notify the Company of any change to the Registration Information in the manner as prescribed by the Company.
When using the Service, the Registered User may not conduct any act that falls under, or is determined by the Company to fall 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 Registered 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 interests of the Company, other Registered Users or other third parties;
(5) acts to transmit through the Service to other Registered Users any information or data that falls under, or is determined by the Company to fall under, the information or data that:
(6) acts that place an excessive burden on the network or system of the Service;
(7) acts to reverse-engineer or otherwise analyze the software or other systems provided by the Company;
(8) acts that are likely to interrupt the operation of the Service;
(9) acts to access the network or system of the Company improperly;
(10) acts to impersonate a third party;
(11) acts to use the user ID or password of other users of the Service;
(12) acts of exploitation, advertisement, soliciting or marketing through the Service without the Company's prior consent;
(13) acts to collect information of other users of the Service;
(14) acts that cause disadvantage, damage or uncomfortable feelings to other users of the Service or other third parties;
(15) acts that violate the Rules;
(16) acts to provide Antisocial Forces with profit;
(17) acts that are intended to meet unacquainted persons of the opposite sex;
(18) acts that, directly or indirectly, cause or facilitate the acts listed in Items (1) through (17) above;
(19) attempting to conduct any of the acts listed in Items (1) through (18) above; or
(20) other acts that the Company deems to be inappropriate.
The Company shall be entitled to, without any advance notice to the Registered User, suspend or discontinue the Service, in whole or in part, in the event that:
(1) Inspection or maintenance of the computer system for the Service needs to be performed due to urgent circumstances;
(2) The Company becomes unable to provide the Service due to error in computers or communication lines, wrong operation, excessively concentrated access, unauthorized access, hacking or the like;
(3) The Company becomes unable to provide the Service due to force majeure, including but not limited to earthquake, lightning, fire, storm and flood damage, power blackout and other natural disasters; or
(4) The Company determines that suspension or discontinuance is required for other reasons.
Any and all IP Rights related to the Website and the Service are expressly reserved by the Company or its licensor. Nothing contained herein shall be construed as granting to the Registered User a license of the IP Rights related to the Website and the Service owned by the Company or its licensor.
The Registered User hereby represents and warrants to the Company that it has lawful rights to post or otherwise transmit the Posted Data, and that the Posted Data so posted or transmitted does not infringe any third party's rights.
The Registered User hereby grants to the Company a worldwide, non-exclusive, royalty-free, sublicensable and transferrable license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data. In addition, the Registered User (the "Granting Registered User" in this Paragraph 3) hereby grants to the other Registered Users a non-exclusive license to use, reproduce, distribute, create derivative works of, display and execute the Posted Data posted or otherwise transmitted by the Granting Registered User through the Service.
The Registered User hereby agrees not to exercise moral rights against the Company or any other person to which the Company has transferred or granted the relevant rights.
(1) The Registered User fails to comply with any of the provisions hereof;
(2) Any of the Registration Information is found to be false;
(3) The Registered User undergoes payment suspension or becomes insolvent, or a petition for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or other similar procedure was filed against the Registered User;
(4) The Registered User has not used the Service for 6 months or more;
(5) The Registered User has not responded to inquiries from the Company or other communications requiring a response for 30 days or more;
(6) The Registered User falls under any of Items of Paragraph 4 of Article 3; or
(7) It is determined to be inappropriate by the Company that the Registered User continues to use the Service or to be registered as a Registered User.
The Company shall be entitled to at any time modify or terminate the Service in its own discretion.
The Company shall notify in advance the Registered User of any intended termination by the Company of the Service.
THE COMPANY MAKES DOES NOT MAKE WARRANTIES, EXPRESS OR IMPLIED, (i) that the Service fits or is suitable for a particular purpose contemplated by the Registered User, (ii) that the Service has expected functions, commercial value, accuracy or usefulness, (iii) that the use by the Registered User of the Service complies with the laws and regulations or internal rules of industrial organizations that are applicable to the Registered User, or (iv) that the Service will be free of interruption or defects.
The Company shall not be liable for the damages incurred by the Registered User in relation to the Service in excess of the amount of the consideration paid by the Registered User to the Company for the immediately preceding 12 months. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR FUTURE DAMAGES, OR LOST PROFITS.
Any transactions, communications and disputes arising between the Registered User and other Registered Users or a third party in connection with the Service or the Website shall be addressed and resolved by the Registered User at its responsibility.
The Registered User shall keep confidential any and all non-public information disclosed in relation to the Service by the Company to the Registered User for which the Company, at such disclosure, requires the Registered User a confidential treatment, unless the Registered User has obtained the prior written approval from the Company.
Treatment by the Company of the Registered User's information shall be subject to the provisions of our Privacy Policy, which is separately prescribed, and the Registered User hereby agrees to treatment by the Company of the Registered User's information pursuant to such Privacy Policy.
The Company may, in its sole discretion, use or make public any information or data provided by the Registered User to the Company as statistical information in a form that cannot identify an individual, and the Registered User may not raise any objection to such use or publication.
The Company reserves the right to amend or change the Terms when the Company finds it necessary. In the event of any amendment or change to the Terms, the Company shall inform the effective time and content of the amended or changed Terms by posting on the Website or other appropriate way, or notify the Registered User of the same. Notwithstanding the foregoing, the Company shall obtain the Registered User's consent in a manner specified by the Company for the amendment or change of the Terms that requires such consent under the applicable laws.
Any communications or notices from the Registered User to the Company, including but not limited to inquiries with respect to the Service, and any communications or notices from the Company to the Registered User, including but not limited to notices concerning any amendment to the Terms shall be made in accordance with the procedures specified by the Company.
Any communication or notice made by the Company that is addressed to the e-mail address included in the Registration Information of a Registered User shall be deemed to be received by the Registered User.
The Registered User shall not assign, transfer, grant security interests on or otherwise dispose of the Service Agreement or its rights or obligations under the Terms without the prior written consent of the Company.
In cases where the Company transfers the business regarding the Service to a third party, the Company may, as part of such transfer, assign to the third party the Service Agreement, the rights and obligations of the Company under the Terms, and the Registration Information and other information relating to the Registered User, and the Registered User hereby agrees to such transfer in advance. The business transfer referred to above in this Paragraph shall include, in addition to the usual form of business transfer, a company split or any other form that would result in a business transfer.
If any provision of the Terms or a part thereof is held to be invalid or unenforceable under Consumer Contract Law of Japan or other laws or regulations, the remaining provisions hereof or the remaining portion of the provision held invalid or unenforceable in part shall remain in full force and effect.
The Terms shall be governed by the laws of Japan without regard to conflict of laws principles.
Any and all disputes arising out of or in connection with the Terms or the Service Agreement shall be submitted to the exclusive jurisdiction of the Sapporo District Court of Japan in the first instance.
Prescribed on Feb. 6, 2024
The Terms shall be executed in the Japanese language. Japanese shall be the governing language and any translation of the Terms into any other language is for convenience of reference only and shall not bind the parties hereto.