These Terms of Service (hereinafter, "these Terms") set forth the conditions of use for the service provided on this website (hereinafter, the "Service") by TorecaBinks (hereinafter, the "Store"). Registered users (hereinafter, "Users") shall use the Service in accordance with these Terms.
Article 1 (Application)
These Terms shall apply to all relationships between Users and the Store in connection with the use of the Service.
In addition to these Terms, the Store may establish various rules regarding use of the Service (hereinafter, "Individual Provisions"). Regardless of their title, these Individual Provisions shall constitute part of these Terms.
If any provision of these Terms conflicts with the Individual Provisions, the Individual Provisions shall prevail unless otherwise specified therein.
Article 2 (Registration)
Registration shall be completed when an applicant agrees to these Terms, applies by the method prescribed by the Store, and the Store approves the application.
The Store may refuse a registration application in the following cases and shall bear no obligation to disclose the reasons:
- The applicant made a false statement when applying;
- The applicant has previously violated these Terms; or
- The Store otherwise deems the application inappropriate.
Article 3 (Management of Email Address and Password)
Users shall properly manage their email address and password at their own responsibility.
Users may not transfer, lend, or share their email address or password with a third party. A login using a matching email address and password shall be regarded as use by the registered User.
Except in cases of the Store's willful misconduct or gross negligence, the Store shall bear no responsibility for damages arising from use of an email address and password by a third party.
Article 4 (Prohibited Acts)
When using the Service, Users shall not:
- Violate laws or public order and morals;
- Engage in acts related to criminal activity;
- Infringe copyrights, trademarks, or other intellectual property rights in the Service;
- Destroy or interfere with servers or networks of the Store, other Users, or third parties;
- Commercially use information obtained through the Service;
- Interfere with the Store's operation of the Service;
- Access the Service without authorization, or attempt to do so;
- Collect or accumulate personal information about other Users;
- Use the Service for improper purposes;
- Cause disadvantage, damage, or discomfort to other Users or third parties;
- Impersonate another User;
- Advertise, solicit, or conduct sales on the Service without the Store's permission;
- Provide benefits to anti-social forces in connection with the Store's services; or
- Engage in any other acts the Store deems inappropriate.
Article 5 (Suspension of Service Provision, etc.)
The Store may suspend or discontinue all or part of the Service without prior notice if:
- Maintenance, inspection, or update of computer systems is being performed;
- Provision of the Service is difficult due to force majeure such as earthquake, lightning, fire, power outage, or other natural disaster;
- Computers or communication lines have stopped due to an accident; or
- The Store otherwise determines that provision of the Service is difficult.
The Store shall bear no responsibility for any disadvantage or damage suffered by Users or third parties as a result.
Article 6 (Restriction of Use and Deregistration)
The Store may, without prior notice, restrict a User's use of the Service or deregister the User if:
- The User has violated these Terms;
- Registered information contains false statements;
- The User fails to respond to communications from the Store within a certain period;
- The User has not used the Service for a certain period; or
- The Store otherwise determines that use of the Service is inappropriate.
The Store shall bear no responsibility for damages incurred by a User as a result of any action under this Article.
Article 7 (Disclaimer of Warranty and Exemption from Liability)
The Store makes no warranty, express or implied, that the Service is free from defects, including those related to safety, reliability, accuracy, completeness, fitness for a particular purpose, or security.
Except where caused by the Store's willful misconduct or gross negligence, the Store shall bear no responsibility for damages arising from the Service. This disclaimer shall not apply where the contract constitutes a consumer contract under the Consumer Contract Act.
Even then, the Store shall bear no responsibility for damages arising from special circumstances due to the Store's negligence (excluding gross negligence), and compensation shall be limited to the usage fees received from the User in the month the damages occurred.
The Store shall bear no responsibility for transactions, communications, or disputes between a User and another User or a third party.
Article 8 (Changes to Service Content, etc.)
The Store may change, add to, or discontinue the content of the Service by giving notice to Users, and Users agree to accept such changes.
Article 9 (Amendment of Terms of Service)
The Store may amend these Terms without individual consent from Users where:
- The amendment is in the general interest of Users; or
- The amendment does not conflict with the purpose of the usage agreement and is reasonable in light of its necessity and appropriateness.
The Store shall notify Users in advance of the amendment, the content after amendment, and the effective date.
Article 10 (Handling of Personal Information)
The Store shall appropriately handle personal information obtained through use of the Service.
Please refer to the Privacy Policy for details.
Article 11 (Notice or Communication)
Notices or communications between Users and the Store shall be made by the method prescribed by the Store. Unless a User submits a change of contact information by the prescribed method, the Store shall regard the currently registered contact information as valid; such notices shall be deemed to have reached the User at the time of transmission.
Article 12 (Prohibition of Assignment of Rights and Obligations)
Users may not assign their status under the usage agreement or any rights or obligations under these Terms to a third party, or use them as collateral, without the Store's prior written consent.
Article 13 (Governing Law and Jurisdiction)
These Terms shall be governed by and interpreted in accordance with the laws of Japan.
In the event of a dispute, the court having jurisdiction over the location of the Store's head office shall have exclusive agreed jurisdiction.