Welcome to all software services (the “Service”) provided by Otani & Co., Inc. and its affiliates (“Otani” or “We”). In order to use the software associated with the Service, you must agree to all of the terms and conditions of the Terms of Use for the Service (hereinafter referred to as the “Terms of Use”) without objection. Users of the Service (including users of external applications that use information related to the Service, hereinafter referred to as the “User”) agree that you are obligated to comply with all terms and conditions of these Terms of Use, and that all procedures, terms, and conditions of this site, as well as the handling of personal information and copyrights, etc., referred to in these Terms of Use constitute a part of the Terms of Use.
We reserve the right to change any of the terms and conditions contained in these Terms of Use, as well as any procedures, guidelines, and terms regulating the Service, at any time and in its sole discretion. Any changes will be effective upon posting of the revised version on the Service. Also, all notices of changes to these Terms of Use will be posted on this page for 15 days (unless changed again during that period). You are responsible for reviewing any notices of change and any applicable changes. Changes to the referenced procedures, guidelines, and terms and conditions may be posted on the Site without notice to Users. Your continued use of the Service after the posting of such changes by the Secretariat shall constitute your acceptance of such changes or modifications. If you do not agree to any changes to these Terms of Participation, please stop using the Service immediately.
1. Eligibility for Use
Use of the Service is limited to users who are legally able to enter into a contract under applicable law and who understand, read, and write the language. Minors under the age of 18 may not use the Service without the consent of a parent or guardian. In order to register for the Service, a User must provide information that identifies the individual user and his/her email, as well as other information about the User and his/her use of the Service through the input form provided by OtaniI on the Service or through other means of communication.
2. Status of a User
Users shall have the status of either “individual” or “corporate” as an account on the Service. However, this is not specified by the Secretariat and depends on the type of use by the User.
3. Fees, Payment Obligations and Conditions
All services consist of free services and paid services. When a user uses a paid service, the user is obligated to pay the usage fees, etc. specified for the paid service portion. In such cases, the user of the paid service shall be obligated to fulfill the payment conditions, etc. in the manner determined by us within 7 days from the time of billing by us, unless otherwise determined in the paid service portion.
In addition, even for the free service portion, the user shall be obliged to pay the usage fees, etc. as determined by us when deemed necessary by us. In such cases, the terms of payment shall be in accordance with those stipulated in these Terms of Use, except as otherwise provided.
4. Applicable Terms and Conditions
In using the Service, the user agrees without objection to follow the procedures and terms, etc., as described in the “Help” and other sections of this document. These procedures, terms and conditions are hereby incorporated by reference into these Terms of Use. The procedures and terms and conditions found in the Help explain the necessary procedures and indicate what is permissible and prohibited. These procedures and terms and conditions are subject to change in the future, and such changes will be effective upon posting on the Site without notice to users. Please refer to the “Help” page regularly to understand and implement the latest procedures and terms of use. Users shall provide all requested information, including the purpose of use, in the manner and at the time specified by us, and We may release such information on its own authority.
5. Reservation of Our Rights
We reserves the right to determine the appearance, design, functionality and other aspects of the content, including the right to redesign, modify, delete or change the content, appearance, design, functionality and other aspects of the Service, as well as any element, aspect, part or characteristic thereof, from time to time, and to publish any information at its discretion. We reserve the right, in its sole discretion, to delay or suspend the posting of any information, and to refuse or refrain from posting such information or to request that users do not post such information. We may, in its sole discretion, withhold information about a user’s status for investigation, or deny, limit, or suspend the use of such information. Users shall suspend or cancel any use upon our request.
The User grants us the right to reuse any information (including but not limited to images and texts) uploaded by the User in any document (including but not limited to electronic documents) related to the Service for the purpose of promoting, advertising, or introducing the Service free of charge. This includes editing, modifying, etc. as deemed necessary and appropriate by us. However, this shall not infringe upon or be intended to infringe upon any intellectual property rights of the information uploaded by the user. Users shall endeavor to take appropriate measures against any actions that may infringe on their intellectual property rights outside of this service and affiliated services. This action is between the user and the person responsible for the operation of the relevant site, the administrator of the domain of the site, or a similar person. We, as a third party, assume no responsibility whatsoever.
6. Rights
All rights to intellectual property within the Service belong to us. This includes, but is not limited to, the appearance, design, functionality, and other information that determines the nature of the Service (including but not limited to calculated values and computer programs for this purpose). However, this does not apply if the copyright or other information is clearly indicated in the Service.
7. Prohibited Acts
The Service may be used only for lawful purposes and by lawful means. Users shall comply with all applicable laws, statutes, rules, and administrative regulations.
In addition, if a user commits any of the following acts, the user shall not only cease use of the Service, but shall also compensate the Secretariat in any and all ways.
- Infringing the rights of any intellectual property (including but not limited to any software developed and created by Otani & Co., Inc. and its affiliates) within the Service or any foreseeable infringement thereof (including but not limited to reverse engineering and excessive requests to the API).
- Continuous requests to the server using automatic programs, etc. (regardless of the request interval).
- Other actions deemed inappropriate by us.
The amount of compensation for damages in the event of a prohibited act shall be the higher of 50,000 yen per day per license or five times the amount of compensation to be received. The amount of compensation may be calculated retroactively from the time the prohibited conduct commenced.
8. Warranty
The Service is provided on an “AS IS” basis. We make no representations or warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The following are not representations or warranties made and are expressly disclaimed. We disclaims all warranties of any kind, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
- Implied warranties of validity, fitness for a particular purpose, title and non-infringement of the information provided.
- That the service will meet all of your requirements, will always be available, accessible, uninterrupted, updated from time to time, secure, or error-free.
- All obligations, liabilities, rights, claims and remedies for torts, whether caused by our negligence or otherwise
- To the fullest extent permissible under applicable law, we disclaim any and all warranties.
9. Disclaimer of Warranties
In the event of any dispute or damage arising out of the use of the Service, any User agrees to indemnify and hold us (and its agents and employees) harmless from and against any and all claims, demands, and damages of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or in any way connected with such dispute or damage.
10. Indemnification and limitation of liability
Indemnification
User shall indemnify, defend, and hold Otani & Co., Inc. and its affiliates (and their employees, directors, agents, and representatives) harmless from and against any and all claims, expenses, damages, judgments, penalties, profits, and costs (including attorneys’ fees) arising out of or related to (a) Any breach or alleged breach of any of Subscriber’s representations, warranties and obligations set forth in these Terms of Use. (b) Infringement of intellectual property rights of the User’s website or any content provided by the User (including physical goods, etc.), or any claim thereof (c) Any other acts or claims deemed necessary by this company..
Limitation of Liability
We shall not be liable for any damages of any kind. Such damages include, but are not limited to, direct, indirect, incidental, punitive, and consequential damages arising out of or in any way connected with these Terms of Use, the distribution of information caused by or related to the failure or inability to use this service, or any transaction entered into in connection with this service.
11. Governing Law
The Service is organized, provided and operated by Otani & Co., Inc. located in Japan. These Terms of Use and all its terms and conditions shall be governed by the laws of Japan. All lawsuits and legal disputes arising out of or relating to the service (these terms and conditions) shall be subject to the exclusive jurisdiction of the relevant authorities having jurisdiction in Tokyo District Court or Tokyo as the court of first instance, depending on the judgment of this company.
12. Disputes
We shall not act as an agent of the user for any purpose or under any circumstances. Therefore, we will not act as an agent in connection with the resolution of any disputes between users that may arise through the Service. We request that users cooperate with each other to resolve such disputes.
13. assignment
By agreeing to these Terms of Use, you grant to Otani & Co., Inc. and its affiliates the right to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works from, and make commercial or non-commercial use of the content you provide in any manner whatsoever, and you hereby grant to Otani & Co., Inc. and its affiliates or any other online presence on or through any website or the Site, and to sublicense to its affiliates and operators any goods or services distributed, offered, commercialized, advertised, described or supplied thereon, without consideration, a nonexclusive, irrevocable, royalty-free, perpetual, irrevocable rights in any existing or future media, whether now or hereafter recognized. However, we shall not change the user’s trademarks (e.g., user’s trademarks provided by the user to us in a non-textual form for branding purposes, separate from (and not embedded in or otherwise containing) any specific information or materials) from the form provided by the user, nor shall we change the relative proportions of such trademarks. (except in the case of a resizing that does not change the relative proportions and is necessary for display), and will comply with any User’s request for removal of a particular use of the User’s trademarks (provided that such removal cannot be effected through the use of standard features available to the User on the Service). Notwithstanding the foregoing, nothing in these Terms of Use shall prevent or impair the right of Otani & Co., Inc., to the extent permitted by applicable law, to use any content or other materials provided by you without the express permission of you or your affiliates (e.g., fair use under copyright law (e.g., fair use under copyright law, reference use under trademark law, valid license from a third party, etc.). You represent and warrant that you own or otherwise have control over all of the content that you provide, that the content of such materials is lawful, and that the use of such materials by Otani & Co., Inc. and its affiliates will not infringe or interfere with any third party rights.
14. Termination
We may, in its sole discretion and for any reason, immediately terminate the contractual relationship under these Terms of Use, your access to the Service and the provision of any information without notice. Not limited to the above, in the event of termination of the contractual relationship based on any terms of use related to the Service, these Terms of Use may also be terminated by us, and the user’s access to the Service and provision of information may be terminated. Similarly, in the event that the contractual relationship under these Terms of Use is terminated, any and all current or future contractual relationships under these Terms of Use related to the Service, as well as access to these services and the provision of any retroactive information, may also be terminated.
15. General Terms and Conditions
Entire Agreement
These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and cancel all prior agreements, claims, representations, and understandings between the parties with respect thereto.
Absence of Agency Third Party Beneficiaries
We do not act as agent, trustee, fiduciary, or other representative of the User. Nothing expressed, referred to or implied in these Terms of Use shall confer or be deemed to confer any legal right, remedy or claim on any person other than the User under or in connection with these Terms of Use. These Terms of Use and all representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties.
Severability
If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, such provision shall be deemed severable from the other provisions and shall not affect the validity or enforceability of any remaining provisions.
Non-Waiver
We shall not be deemed to have waived any rights or remedies under these Terms of Use unless such waiver is in writing, signed and sealed. No delay or failure by us to exercise any right or remedy shall be deemed a waiver. The Secretariat’s exercise of only one right or remedy, or part of a right or remedy, shall not preclude the further exercise of any other right or remedy. The failure of Otani & Co., Inc. to require strict performance of any provision of these Terms of Use shall not be deemed a waiver of its right to require compliance with such provision or any other provision of these Terms of Use.
Assignment
You may not assign or delegate these Terms of Use or any of your rights or obligations hereunder, whether voluntarily or by operation of law, without the prior written consent of Otani & Co., Inc. We are free to assign or delegate these Terms of Use or any rights or obligations hereunder without the consent of the User.