Terms of Use
1. ACCEPTANCE OF TERMS AND CONDITIONS
These terms and conditions of Use (the "Terms of Use") apply to this website "xfy Community" and all associated sites linked to this website (the "Site") provided and made available to you by JUSTSYSTEMS CORPORATION("JUSTSYSTEMS"). BY ACCESSING AND USING THIS SITE IN ANY MANNER, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT ACCESS OR USE THE SITE.
2. MODIFICATION TO TERMS OF USE
JUSTSYSTEMS reserves the right to modify and update the Terms of Use at JUSTSYSTEMS' sole discretion from time to time without any notice to you. Please check the Terms of Use for modification periodically. Your continued use of the Site after such modification to the Terms of Use shall mean that you have accepted such modification and agreed to be bound by the modified Terms of Use.
3. CONTENT
All information, software, documentation, text, graphics, contents, trademarks, logos and/or other materials contained on the Site (collectively, the "Contents") are the proprietry of JUSTSYSTEMS, and solely owned or licensed by JUSTSYSTEMS, and protected by copyright, patent and trademark laws, and other intellectual property rights and other applicable laws. Except as expressly provided in the Terms of Use, no license is granted to you to copy, reproduce, modify, alter, distribute, sell, publish, upload, post, display, translate, transmit, license to others, and/or make any delivative works from any part of this Site and any Contents in any way without JUSTSYSTEMS' express prior written consent.
You may use the Contents provided that you (a) do not remove any proprietary notice language in all copies of the Contents, (b) use the Contents only for your personal, non-commercial, and internal purpose and do not copy, post, distribute, sell, rent, lease or license to others the Contents in any way, (c) make no modifications to any or all portion of the Contents, and (d) do not make any additional representations or warranties relating to the Contents.
If any Content is licensed to you under any terms and conditions other than these Terms of Use or under additional terms and conditions, you shall comply with such terms and conditions, and such terms and conditions shall prevail over these Terms of Use to the extent of any inconsistency or conflict.
4. ACCOUNT, PASSWORD, AND SECURITY
By using and becoming a member of this Site, you agree to provide true, accurate, current and complete information as prompted by the registration form (the "Registration Information") and to maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is not true, accurate, current or complete, JUSTSYSTEMS has the right to suspend or terminate the use of your account or this Site.
You are entirely responsible for maintaining the confidentiality of your user name and password (collectively, the "Account Information"). You are responsible for damages resulting from all uses of your Account Information, whether actually or expressly authorized by you, unless access to your Account Information was obtained through no fault or negligence of your own.
JUSTSYSTEMS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH YOUR FAILURE TO COMPLY WITH ANY OBLIGATION UNDER THIS ARTICLE 4.
5. PRIVACY
Any personal information that JUSTSYSTEMS collects from this Site (the "Personal Information") is used for registration of users for membership services, for providing the services on this Site, for responding to inquiries, for statistical purposes, for improving our Site and its performance, for developing better products and services, to send out questionnaires, to serve information about the Contents and this Site, and to notify you of products or individual offers that may be of interest to you.
In principle, JUSTSYSTEMS does not disclose or provide the Personal Information to third parties, except in the following circumstances:
- (a) When express consent to do so is received from the person concerned;
- (b) When JUSTSYSTEMS consigns such activities as sending newsletters or so to other entities, in which case the Personal Information is covered by the terms of a non-disclosure agreement;
- (c) When a judicial order or the like obliges JUSTSYSTEMS to disclose the Personal Information;
- (d) When the business of JUSTSYSTEMS is succeeded by another entity by way of a merger, corporate separation, transfer of business or otherwise;
- (e) When permitted by the applicable laws.
JUSTSYSTEMS manages the Personal Information in an appropriate manner. Strict security measures ensure that the Personal Information is securely saved and kept from loss, misuse or improper alteration.
Please contact each individual contact address established for each service for more information concerning the Personal Information, but if no contact information is provided, then contact privacy@justsystems.com.
JUSTSYSTEMS will protect your Personal Information in accordance with the laws of Japan.
6. DISCLAIMER OF WARRANTIES
THIS SITE AND ALL CONTENTS ARE PROVIDED "AS IS" BASIS ONLY AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF FOREGOING, JUSTSYSTEMS MAKES NO WARRANTY OR REPRESENTATION THAT THIS SITE OR CONENTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THIS SITE OR CONTENTS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT ANY DEFECTS IN THIS SITE OR CONTENTS WILL BE CORRECTED NOR WITH RESPECT OF THE CORRECTNESS, ACCURACY OR RELIABILITY OF THIS SITE OR CONTENTS.
THIS SITE AND CONTENTS COULD INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS OR OTHER MISTAKES. JUSTSYSTEMS MAY MAKE IMPROVEMENTS OR CHANGES TO OR UPDATE THIS SITE OR CONTENTS AT ANY TIME WITHOUT NOTICE.
THE USE OF THIS SITE OR CONTENTS IS DONE IN YOUR SOLE DISCRETION AND RISK. NO ADVICE OR INFORMATION FROM JUSTSYSTEMS OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN TERMS OF USE.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL JUSTSYSTEMS BE LIABLE TO YOU (AN INDIVIDUAL OR ENTITY) OR ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR CONTENTS OR ANY WEBSITE REFERENCED OR LINKED TO OR FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF YOUR PROGRAMS, FILES OR DATA OR ANY LOSS OF YOUR PROFITS, SALES OR REVENUE, EVEN IF JUSTSYSTEMS HAS BEEN ADVISED OR FORSEEN OF THE POSSIBILITY OF SUCH DAMAGES.
8. YOUR CONDUCT
You may use this Site and Contents only for personal, non-commercial and internal purpose.
You are solely responsible for the contents of your transmissions through this Site. You agree to comply with all applicable laws to use or connect to this Site, and not to use this Site for any unlawful purposes.
You are prohibited from posting on or transmitting to or from this Site any unlawful, harassing, libelous, abusive, threatening or harmful material of any kind or nature. You further are prohibited from transmitting any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation. Attempts to gain unauthorized access to other computer systems are also prohibited.
Please note that any information or material sent to JUSTSYSTEMS will be deemed NOT to be confidential. JUSTSYSTEMS shall be free to use such information on an unstricted basis.
JUSTSYSTEMS may, at its sole discretion, immediately terminate your use of this Site and remove or delete any information or materials posted or transmitted by you, if your conduct fails to conform with the Terms of Use.
9. USE OF FEEDBACK
JUSTSYSTEMS welcomes your comments, suggestions and other communications about this Site and Contents (the "Feedbacks"). The Feedbacks may include reporting of bugs, timing, issues, workarounds, bug fixes, and comments or ideas contributed to the Community (defined in article10.) in this Site, as well as any suggestions for additional features or enhancements. JUSTSYSTEMS will own all such Feedback and be able to use the Feedbacks in any manner it fits appropriate.
10. COMMUNITY
JUSTSYSTEMS may create a community in this Site (the "Community") for distributing components relating to the software that has or is to be provided by JUSTSYSTEMS throgh this Site (the "Components"). You may use the Community, provided that you agree: (a) that the other memebers of this Site may use the Components for the sole purpose of evaluating the Components and not for commercial use, without any payment; (b) that the other members of this Site may modify such Components; (c) that the other members of this Site may distribute such modified Components; (d) not to remove the copyright notice in the Components; (e) to include in the Components modified by you a valid copyright notice in the name of you; (f) to display or show expressly that the Components are provided "AS IS" without warranties of any kind and the members of this Site shall use the Components at their sole risk; and/or (g) to otherwise comply with the terms of this Agreement.
11. DISTRIBUTION OF COMPONENTS OUTSIDE THE COMMUNITY
You may distribute the Components online by linking this Site to the website on which the Components are distributed by providing JUSTSYSTEMS with the URL of such website. You may also distribute the Components offline by displaying or showing expressly the URL of this Site.
12. INDEMNIFICATION
You agree to indemnify and hold harmless JUSTSYSTEMS against any demands, damages, loss, liabilities, claims or expenses (including attorneys' fees) arising out of or in connection with any of your conducts.
13. TERMINATION
You may stop using this Site any time at your sole discretion and JUSTSYSTEMS may cease the operation of this Site and related services with or without cause at any time without any notice. JUSTSYSTEMS shall not be liable to you or any third party for ceasing to provide operation of this Site and related services.
If you do not agree to any terms and conditions of Terms of Use or any modification, you may stop using the Site immediately.
JUSTSYSTEMS reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Site.
UPON DISCONTINUANCE OF THIS SITE, YOUR LICENSES GRANTED TO USE CONTENTS IMMEDIATELY CEASES.
14. NOTICE
Notices to you of modifications to the Terms of Use or other matters shall be made by e-mail or by displaying notices on this Site at JUSTSYSTEMS' sole discretion.
15. GOVERNING LAW; JURISDICTION AND LANGUAGE
THESE TERMS OF USE SHALL BE CONTROLLED BY, GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF JAPAN, EXCEPT FOR THE CONFLICTS OF LAWS PRINCIPLES THEREOF. You and JUSTSYSTEMS also agree that the Tokyo Direct Court shall have the exclusive jurisdiction for the first instance over any lawsuit and any other disputes involving you and JUSTSYSTEMS in connection with the Terms of Use. The English version of the Terms of Use shall prevail over the Japanese version.
16. GENERAL
The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on this Site constitute the entire agreement between JUSTSYSTEMS and you with respect to your use of this Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by JUSTSYSTEMS to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.