1.This VISFOOTBALL Terms of Use (the “Terms of Use”) is applicable to all Users (as defined in Article 2) of the “VISFOOTBALL” service (the “Services”) provided and operated by Ikuya Takao (the “Provider”). User shall use the Services upon agreeing to this Terms of Use.
2.This Terms of Use stipulate terms and conditions for using the Services. All Users registered in the Services must use the Services in accordance with the conditions as stated in this Terms of Use, including age and usage.
3.By agreeing to this Terms of Use, the User will have entered into the Agreement (as defined in Article 2) between the Provider.
4.The Provider may establish additional terms, rules, guidelines, or conditions separately from this Terms of Use in connection with the provision of the Services (the “Other Rules”). Other Rules shall be effective together with this Agreement. In the event of any inconsistency or conflict between this Agreement and the Other Rules, the Other Rules shall prevail unless otherwise specified.
5.For your personal data that the Provider collects under this Agreement, is available at the Privacy Policy (as defined in Article 2).
For the purpose of this Terms of Use, the meanings of the terms set forth in the following items shall be as prescribed in those items.
(a) “Agreement” means the agreement to be concluded between the Provider and User under the terms and conditions as stipulated in this Terms of Use.
(b) “User” means a person who registered with the Services.
(c) "Account" means the account required to use the Service granted to each User.
(d) “User Information” means ID and password of you registered with the Services and your Account.
(e) ”Communication Equipment” means smartphones, tablets, and computer equipment.
(f) ”Privacy Policy” means https://visfootball.com/termsofuse/.
(g) ”User Content" means the data, images, drawings, and other content posted on the Service by the User when using the Service, as well as content derived therefrom.
(h) ”Other User” means a User other than yourself.
1.A person who intends to become a User shall agree to this Terms of Use and complete the registration process based on the procedures required by the Provider.
2.If there is any change to the information registered pursuant to the Article 3.1, you must immediately change such information.
3.The Provider may refuse your registration at its sole discretion.
4.You shall not allow any third party to use your Accounts, lend, transfer, assign or pledge your Account to any third party.
5.The User represents and warrants that you are 16 years or older or under the age of 16 who have obtained the permission of a legal representative.
This Service provides you a place to disseminate your information, knowledge and experiences, and to share them among Users.
1.The fees for the Services (the “Fees”) shall be as separately determined by the Provider.
2.User shall pay the Fees only by a method designated by the Provider.
1.User shall prepare all the environment and the Communication Equipment necessary for using the Services at your own expense. User shall bear all the communication costs necessary for using the Services.
2.User shall be responsible for the management of your User Information and the Communication Equipment. User shall be responsible for any damage arising from mismanagement or error in use of your User Information or the Communication Equipment or the use of Services by any third party or any other reasons. The Provider shall not be liable for any such damage unless it is caused by the Provider’s gross negligence or willful misconduct.
3.User shall immediately inform the Provider and follow the Provider’s instructions if there is any risk that your User Information be used by a third party.
4.User represents and warrants that you are not prohibited from using the Services under any law applicable to you and that you are responsible for all activities that occur under your Account.
1.The Provider may temporarily suspend or disable the Service, or components of the Service, from time to time in order to perform routine or emergency maintenance (“Maintenance Service”). The Provider will notify User by posting on the web page or by other means that the Provider deems reasonable before the Maintenance Service, and make reasonable efforts to minimize the amount of time that the Service is unavailable to User while such Maintenance Service.
2.The Provide may discontinue the Service, suspend User’s access to the Service or terminate the Agreement with User at any time if ;
1.This Agreement shall be effect from the time of the conclusion of this Agreement and remain in full force until the provision of the Service by the Provider is discontinued or User deletes its Account and withdraws from the Service, whichever occurs earlier. Notwithstanding the forgoing, the provisions of Article8, 9, 10, 12, 14, 15, 16, 17, and 19 shall survive after the termination of this Agreement.
2.Upon the termination of this Agreement, your Account will be deleted and you will no longer be able to access the Services. You understand and agree that the Provider has no obligation to store your User Content.
1.Subject to the terms, conditions and restrictions of this Agreement, the Provider grants you a limited, revocable, non-exclusive, non-transferable, non-sub licensable license to access and use the Service.
2.User acknowledges and agrees that the Service uses and contains confidential and proprietary information and technology of the Provider and third party (collectively “Licenser”) and embodies trade secrets and intellectual property of the Licenser protected under copyright and other laws of the United States of America, Canada, Japan and/or other countries, and by international treaty provisions (collectively “Contained IP”). Except for the limited right to access and use the Service granted herein, Licensors retain all right, title, and interest in and to Contained IP, including but not limited to;
3.The copyright “Copyright © VISFOOTBALL ” and other names and marks used in the Service are trademarks or registered trademarks of the Licensors, and you shall not be used without permission of Licenser.
1.User undertakes that User is the sole and exclusive owner of the User Content or that User has obtained the necessary permissions from the rights holder to use the User Content.
2.In addition to the Article 10.1,User shall undertakes the following matters.
3.Notwithstanding the Article 10.1, the Provider reserves the right to remove any User Content that violates this Agreement or that the Provider deems inappropriate. provided, however, that the Provider shall not have the obligation to delete any User Content.
4.You agree that the Provider and its business partners may collect, use, copy, store, transmit, distribute, display, or modify your User Content and create derivative works of your User Content for the operation of the Services during the term of this Agreement and even after the termination of this Agreement. You shall grant the necessary licenses for these activities to the Provider and the Provider's business partners. In addition, the User agrees not to exercise the moral rights of the author with respect to the User Content against the Provider or the Provider's business partners.
5.You understand and agree that your User Content may be copied and stored by the Provider or the Provider's business partners for backup purposes during the term of this Agreement and even after the termination of this Agreement, and that your User Content may be stored on servers or other information assets outside of your location.
6.Notwithstanding the any of the provisions of this Agreement, the Provider shall not have the obligation to take backups and to provide the backed up data.
1.Regarding Users’ use of the Services, the Provider prohibits any of the acts in the following items;
2.If the Provider considers that any acts of Users fall under any of the items prohibited on Article 11.1, the Provider may take any or all of the following measures, without prior notice.
1.User shall be fully responsible for the relationship with third parties (including but not limited to Other Users) in connection with the use of this Service. The Provider has the right, but is not obliged to intervene, in any dispute that arises between the User and the third party. User agrees that the Provider shall not be liable for any damages incurred as a result of disputes between User and a third party. In addition, if the Provider incurs damages as a result of such dispute, User shall compensate the Provider for all of such damages (including, but not limited to, lost profits and attorney's fees).
2.The Service may contain User Content provided by Other Users (the "Other-Users’ Content"). The Provider shall not be liable for any Other-Users’ Content, including, without limitation, any obligation to control or monitor such Other-Users’ Content, and makes no representations or warranties with respect to the Other-Users’ Content. User shall use Other-Users’ Content at its own risk.
1.The Provider may discontinue the provision of the Service to the User if the Provider receives a notice from the copyright holder or the legal representative of the copyright holder regarding copyright infringement by the User.
2.If you believe that your copyrighted work (including but not limited to your User Content) has been used on the Service in a way that infringes your copyright, please notify here.
1.User agrees to indemnify and hold the Provider harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your breach of this Terms of Use or use of the Services.
2.The Provider reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will fully cooperate with the Provider in asserting any available defenses. Even in this case, User shall not be exempted from the responsibility and obligation based on Article 14.1.
1.USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE SERVICE IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICE.
2.DURING USE OF THE SERVICES, TRANSITION MAY SOMETIMES OCCUR FROM THE SERVICES TO OTHER RELEVANT SERVICES OPERATED BY A THIRD PARTY (THE “EXTERNAL SERVICES”). IN THIS CASE, USERS SHALL AGREE TO THE TERMS AND CONDITIONS, INCLUDING THE TERMS OF USE, OF SUCH EXTERNAL SERVICES, AND USE SUCH EXTERNAL SERVICES AT ITS SOLE RESPONSIBILITY. THE PROVIDER DOES NOT MAKE ANY GUARANTEE THAT THE CONTENTS OF EXTERNAL SERVICES ARE COMPLETE, ACCURATE OR VALID.
3.THE PROVIDER DOES NOT GUARANTEE THAT THE SERVICE COMPLIES WITH ANY LEGAL REQUIREMENTS THAT MAY APPLY TO YOU. THE PROVIDER SHALL NOT BE LIABLE FOR ANY VIOLATION OF THE LAWS AND REGULATIONS OF JAPAN OR FOREIGN COUNTRIES IN CONNECTION WITH THE USE OF THE SERVICE.
4.THE PROVIDER HAVE NO OBLIGATION TO STORE ANY USER CONTENT, AND YOU ARE RESPONSIBLE FOR PROPERLY BACKING UP YOUR USER CONTENT. THE PROVIDER SHALL NOT BE LIABLE FOR ANY DATA LOSS INCURRED IN CONNECTION WITH THE USE OF THE SERVICE.
1.NOTWITHSTANDING ANY PROVISIONS OF THIS TERMS OF USE, IF THE PROVIDER CAUSES DAMAGES TO USERS FOR A REASON ATTRIBUTABLE TO THE PROVIDER, THE PROVIDER’S COMPENSATION FOR SUCH DAMAGES WILL BE LIMITED TO AMOUNTS SPECIFIED IN THE FOLLOWING ITEMS:
2.NOTWITHSTANDING THE ARTICLE 16.1, IF YOU ARE A CORPORATION OR USES THE SERVICES FOR ITS BUSINESS PURPOSE, THE PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE INCURRED BY YOU IN CONNECTION WITH THE SERVICES, EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY THE PROVIDER. COMPENSATION FOR DAMAGES UNDER THIS ARTICLE 16.2 SHALL BE UP TO 10,000 JPY.
3.NOTWITHSTANDING THE ARTICLE 16.1 AND16.2, IF YOU ARE PAYING THE FEE FOR THIS SERVICE, THE MAXIMUM AMOUNT OF DAMAGES SHALL BE THE TOTAL AMOUNT OF THE FEES ACTUALLY PAID BY YOU TO THE PROVIDER FOR THE USE OF THE SERVICE DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF THE DAMAGE OCCURRED.
1.Unless otherwise mutually agreed by the parties hereto, all disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement or the Service, including any breach of this Agreement, shall be finally settled by arbitration in Tokyo, Japan pursuant to the Commercial Arbitration Rules of the Japan Commercial Arbitration Association. The arbitration shall be conducted in Japanese. The arbitral award shall be final and binding on both parties and the judgments upon the award may be entered in any court of competent jurisdiction.
2.Even if any part of Article 17.1 is determined to be invalid or unenforceable based on the law, the provisions excluding such part shall continue to remain in effect.
1.The Provider will use its reasonable efforts to answer Users’ enquiries concerning the Services, provided, however, the Provider shall not be obliged to make such answer, unless otherwise obliged by laws, regulations, or this Terms of Use.
2.The Provider shall not be obliged to explain the reason for not answering any specific enquiries from a User.
1.This Agreement is made under and shall be interpreted in accordance with the laws of Japan, without giving effect to any principles that provide for the application of the law of another jurisdiction excluding its choice of law and conflict of law provisions. The parties hereto expressly agree that the application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded, and it shall not apply to this Agreement.
2.This Agreement sets forth the complete and final understanding of the Provider and User with respect to the provision of the Service, and supersedes all other agreements or understandings on the topic.
3.If a provision of this Terms of Use is held invalid under any applicable law, such invalidity will not affect any other provision of this Terms of Use that can be given effect without the invalid provision. If a provision of this Terms of Use is held invalid under any applicable law in relation to a part of Other User, such invalidity will not affect any provision of this Terms of Use in relation to you.
4.Failure of the Provider to enforce any provision of this Agreement shall not be construed as a waiver of such provision or of the right to enforce such provision.
5.Goods, software, services or technical information made available to User in connection with the Service or with this Agreement may be controlled by export regulations of User’s jurisdiction, or any other jurisdiction that apply to User or User’s business (the “Export Regulations”). User shall ensure that all activities involving distribution and export/re-export of those goods, software, services or technical information are in compliance with all laws, regulations, including without limitation U.S. Export Administration Regulations (“EAR”), U.S. International Traffic in Arms Regulations (“ITAR”) and sanctions list of U.S. Office of Foreign Assets Control (“OFAC”), orders or other restrictions of the Export Regulations.
6.User shall not assign, sublicense, or otherwise transfer the rights, obligations, and status under this Agreement without the prior consent of the Provider. In addition, the Provider may assign or transfer (including, but not limited to, subcontracting) the rights, obligations, and status of the Provider under this Agreement without prior notice to the User.
7.User shall not divulge to a third party any business confidentiality or intellectual property rights of the Provider obtained in connection with this Agreement (the "Confidential Information") or use it for any purpose other than the use of the Service. Notwithstanding the forgoing, User shall not assume any obligation of confidentiality of the Confidential Information to the extent that a court order or compulsory disposition is made in accordance with laws and regulations. Confidential Information do not contain;
8.The Provider shall not be liable for any failure to provide the Service, or otherwise perform its obligations under this Agreement, to the extent resulting from fire, flood, earthquake, storm, riot, insurrection, acts of terrorism or a foreign enemy, epidemic or any other cause that is not caused by the Provider.
9.User acknowledge that the your breach of this Agreement will cause irreparable injury to the Provider for which remedies at law would be inadequate. Accordingly, the Provider may seek immediate injunctive or other equitable relief in a court of competent jurisdiction in connection with any breach or alleged breach of the provisions of this Agreement.
10.The Provider may, at its sole discretion, change the contents of this Agreement at any time, and in the event such change, the Provider' shall determine the effective date of the amended Agreement, and notify you of the contents and effective date of the amended Agreement , by displaying it on the Service or otherwise deems appropriate by the Provider. If you do not agree to such change, you should delete your Account and withdraw from the Service. If the user continues to use this Service after such changes, it will be deemed that you have accepted the amended Agreement.
11.The governing language of the Terms of Use is Japanese. Only the original Japanese version has the effect of a contract, and any translation has no contractual or any other effect.
END OF TERMS
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