This policy applies to usage of website service(s) (hereinafter, the "Service") on the website (hereinafter, the "Site") provided by Layupshot (hereinafter, the "Company") for member defined in Article 3 (Member) (hereinafter, the "Member").
The Member shall use the Service according to this policy.
The Member using the Service will imply consent to entire terms of the policy.
Article 2 (Policy Change)
The Company reserves the right to change this policy at any time at its sole discretion.
The Company will notify a policy change to the Member prior to the policy change taking effect by posting a notification on the Site.
The usage policy, as changed, will become effective immediately upon the changed policy being posted on the Site unless otherwise indicated separately by the Company.
Using the service after the policy change takes effect implies Member's consent to the entire terms of the policy, as changed.
Article 3 (Member)
The Member means a person who submits an application to the Company to use the Service and followed and completed examination and registration procedures requested by the Company, and who agreed to the terms of the policy.
The Member is granted non-transferable, non-lendable membership to use the Service, or the Member is prohibited to grant others permission to use the Service.
Article 4 (Notification of Change)
The Member shall provide to the Company any change in registered information as soon as possible by the Company's instructed method.
The Company accepts no liability for any damages caused to the Member if there is a failure to conduct the notification set forth in the previous clause.
Article 5 (Fee for Using the Service)
The fee systems, calculations, payment, etc., to use the Service will be set forth separately by the Company.
Article 6 (Assigned ID and Password and Security Responsibility Thereof)
The Company will assign an ID and a password to the Member when granting membership to use the Service.
The Member is prohibited to transfer, lend or disclose the ID and the password that are assigned.
The Member is fully responsible for maintaining the security and use of the ID and the password.
The Member shall immediately report lost or stolen ID and/or password to the Company and shall follow instructions given by the Company. Any use of the Service with this ID and the password will indicate the Service used by the Member, and the Member will be liable to pay the full amount of fees associated with using the Service and any other liabilities.
Article 7 (Prohibited Use Beyond the Scope Permitted)
The Member may only use materials obtained through this Service, limited to personal or home use, any use thereof beyond the scope of the personal or home use, such as making copies of the materials, transmitting any communication to the public areas, publishing or distributing the material is limited.
The Member is prohibited from making a third-party engage in any violation set forth in the previous clause.
Article 8 (Prohibited Actions)
The Member is strictly prohibited from taking the following actions in addition to the prohibited actions set forth herein. The Member is prohibited from making a third-party perform any of the same actions.
(1) Any actions that constitute or deemed to constitute infringement of copyright, trademark right, and other intellectual property right of the Company or third-party.
(2) Any actions that constitute or deemed to constitute infringement of property, privacy, honor, or right of publicity of the Company or third-party.
(3) Using information or materials obtained through the Service or in association with the Service for commercial purposes.
(4) Using the Service outside the use permitted by the Company.
(5) Transmitting or distributing computer virus and other destructive software.
(6) Any action that intends to disrupt the operation of the Service.
(7) Any other illegal or unlawful action.
The Member who engages any of the actions set forth in the above clauses will receive a warning and an order from the Company to desist from such activities. The Company reserves the right to make the posted information that is relevant to the Member on the Site undisclosed or involuntary deleted if no appropriate action is taken in a predetermined period of time set by the Company.
Article 9 (Damages for Late Payment etc.)
The Company reserves the right to claim damage for late payment of any liabilities owed to the Member, with annual interest of 6% of the amount payable for the period elapsing from the day after the Member is held liable for the payment in addition to the delayed payment.
If the Member makes a late payment of the fee, the Company will suspend the Service to the Member until the payment of the fee is received.
Article 10 (Service Change)
The Company reserves the right to change the content of the Service without prior notice to the Member.
Article 11 (Temporary Discontinuation of the Service)
The Company may temporarily discontinue the Service without prior notice to the Member if any of the following occurs.
(1) To perform routine or emergency inspection for system administration and maintenance to provide the Service.
(2) Communication line failure, power failure etc.
(3) In case the Service cannot be provided due to fire, blackout, etc.
(4) In case of earthquake, typhoon, flood, tsunami, other natural disasters of any other emergency conditions, or communication limitation is ordered or instructed by authority or by law, or by the Company's decision necessitated due to the concern of such natural disasters.
(5) The Service cannot be provided due to any other technical incapability.
The Company will not be liable of any damages caused to the Member or the third-party due to the delay or temporary discontinuation of the Service.
Article 12 (Termination of the Service)
The Company may terminate the Service upon posting a notice with at least three months of prior notice to the Member. The Company will reimburse the amount for the remaining paid period of the Member's unused Service from the received fee.
Article 13 (Withdrawal)
The Member shall voluntary notify the Company by the method of the Company's instruction when terminating the Service (hereinafter, the "Withdrawal"). The Company will not reimburse any of the fees already received.
The Withdrawal according to this Article will hold the Member liable for payment of fee and other liabilities that are incurred at the time of the Withdrawal.
Article 14 (Expulsion etc.)
The Company reserves the right to expel a Member without prior notice or warning to temporarily suspend the use of the ID, undisclose or involuntarily delete information on the Site relevant to the Member, if any one of the following items occurs.
(1) Submission of an untrue statement when using the Service.
(2) Using ID or password for unfair activities.
(3) Violation of this policy.
(4) Failure to make payment for incurred Service fee.
(5) When liability to make payment according to the policy is considered difficult due to the major changes in assets and/or credits.
(6) When the Company, in its sole discretion, deems the person unsuitable to be a Member.
Article 15 (Disclaimer)
The Company does not guarantee the Member and the third-party that all information provided through the Service is perfect, accurate, useful, updated, and truthful, etc. The Company accepts no liability for any consequence occurring as a result of the decision made by or actions taken by Member and/or the third-party based on the information provided through the Service.
The Company does not guarantee technical failure free, error-free, computer virus free, or any other destructive material-free in using the Service.
The Company does not guarantee the secure supply of the service and/or secure access results, etc. to the Member and/or the third-party.
The Company accepts no liability for any damages to the Member or the third-party caused by failure to check or unable to receive notice message etc., for notifying end of the contract period that the Company may have sent via email.
In case of Withdrawal or Expulsion of the Member, the Company reserves the right to delete information with regard to the Member and/or information associated with the Member contained in the Site.
Article 16 (Handling of Personal Information)
Name, email address and other personal information obtained from the Member upon using the Service will be handled properly according to the "Privacy Policy" as set forth separately from this policy.
Article 17 (Ownership of Intellectual Property)
Intellectual property and other rights for all portions of data, graph, table, program, material, etc., with regard to the Service will be owned by the Company and information provider to the Company.
Article 18 (Agreement on Jurisdiction)
This policy is governed in accordance with the laws of Japan, and unless otherwise specified, Shizuoka District Court Hamamatsu Branch or Hamamatsu Summary Court has exclusive first instance jurisdiction for this policy for any dispute arising in relation to the policy, the Site, and the Service.