Article 1 (Scope of Application)
1. These terms and conditions apply to the user of learningBOX (hereinafter referred to as “the Service”) (hereinafter referred to as “the User”) and Tatsuno Information System Co., Ltd. (hereinafter referred to as “Us” or “We”).
2. Users shall apply for the use of the Service upon agreement to the Terms of Service in advance.
Article 2 (Change of Terms)
1. If the Company changes the Terms of Service, the modified Terms of Service shall apply thereafter.
Article 3 (User Account)
1. The User must provide true, accurate and complete information when registering their own information when using the Service, and must update to the latest information always.
2. If you register a password when using the Service, you must strictly control it at your own responsibility in order not to be used fraudulently. We can regard any action taken by a registered password as the action of the User.
3. The User who registers for this service can delete his/her account and withdraw at any time.
4. If the Company finds that the User violates or may violate the Terms of Service, the Company may suspend or delete the account without notifying the User in advance.
5. The account of our service is the sole property of the user. You cannot assign, lend, or inherit all rights of your use of the Service to another person. However, companies and individuals that have entered into a franchise agreement with the user’s subsidiary and the User will not be regarded as a third party and will be given the same rights as the User.
6. As we are currently preparing for the General Data Protection Regulation, EU residents cannot access to our service. The User living in the EU may not use our service because of a lack of the General Data Protection Regulation.
Article 4 (Suspension of Service Provision)
1. The Company may suspend the provision of our Service if any of the following conditions are applied.
(1) When We are under the unavoidable circumstance to provide our service i.e)maintenance or construction of the system of the Service
(2) When We decide that the Service cannot be provided due to fire, power outage, etc.
(3) When We decide that this service can not be provided due to natural disasters such as earthquakes, eruptions, floods, and tsunamis, or wars, disturbances, riots, mayhem, labor disputes, etc.
(4) When the first-tier telecommunications carrier stops telecommunications services.
(5) In addition, when We determine that it is necessary to stop the Service for operational or technical issues.
2. If the User has any of the following reasons, We may stop providing the service and terminate the contract.
(1) When it turns out that there was a fault in the application to your company information or the contents of the communication, etc.
(2) When payment is suspended or being a lack of ability for payment to our service.
(3) When we received seizure, provisional seizure, or when we received a petition for auction or provisional disposition
(4) When the commencement of bankruptcy proceedings, commencement liquidation proceedings, the commencement of company reorganization proceedings, or civil rehabilitation proceedings are filed.
(5) When all or a significant part of the dissolution or sales is transferred to a third party
(6) Other cases in violation of these terms
3. If we suspend the provision of this service in accordance with the provisions of paragraph 1, we will post that effect on our homepage in advance and notify each user by email, and in accordance with paragraph 2, we will offer this service. Users are notified in advance by e-mail or in writing when stopping the service. However, this is not the case if we decide that we can not avoid emergencies.
Article 5 (Change of Service Content and Its Abolition)
1. If We deem it necessary, it shall be able to change or abolish the content of the Service.
2. If We change or abolish the content of our service in accordance with the preceding paragraph, we will notify the user by email or the other methods within 30 days before the date of the change or abolition.
3. If the Company changes or abolishes the content of this service in accordance with the provisions of the preceding paragraph, We provide the program free of charge to the User to and We set up to run the Service for the User continuous provision. The cost required for this setting will be paid by the User.
Article 6 (Copyright etc.)
1. The user may use or disclose the information provided through our service beyond the scope of the private use of the user-specified by the copyright law without obtaining the consent of the copyright owner, such as the copyright. In addition, users are prohibited from reprinting, copying, storing, or transferring the contents of our service without permission from Us.
Article 7 (Prohibited act)
1. The User shall not perform the following acts in using the Service.
(1) Acts that infringe or may infringe any rights, including the copyright and other intellectual property rights of Us or a third party, in relation to the documents or programs provided for the use of the Service.
(2) Transfer, lend or disclose documents or programs provided for the Service use to a third party without the prior written consent of Us
(3) Decompilation, disassembly, reverse engineering, and other analysis of data, programs, etc. of this service, and actions to copy, edit, modify and adapt, etc.
(4) Transfer the right to receive the Service provision to a third party.
(5) Acts that We deem it to impede the Service operation
(6) Unauthorized use of a user ID or a password
(7) Act of using a computer program that may interfere with the Service or the work of another person, such as a computer virus through using the Service, or providing it to a third party.
(8) In addition to the original purpose, any act that may overload our servers and other facilities
(9) Acts that lead to the intentional failure of servers and equipment, etc.
(10) Act of obtaining profit from the third party using the Service, However, this section is not applicable when using the payment function and payment function API provided by the Service
(11) Acts that damage the Company’s social credibility.
(12) Sending advertisement, advertising or solicitation emails (unsolicited advertisements, spam emails, e-mails that the recipient does not wish) to the recipient without permission
(13) Act against public manner and morals
Article 8 (Information Handling and Management Responsibilities)
1. The user shall manage the error mail to be returned if the user sent an error using this service (error indeterminate, refusal to receive by mail filter of destination, etc.).
Article 9 (Handling of User Data and Content)
1. We shall not be obligated to back up the user data which is stored on our server, and the User shall back up the data. In the event that there is a need for maintenance or improvement of our service, we can copy the data on our server managing by us to the extent necessary for maintenance or improvement of the service, etc.
2. The copyright of the content uploaded by the user to the Service belongs to the user or the copyright holder of the content. However, when uploading content to the service, only for the content uploaded by specifying the content release restriction setting to “public”, the user allows us to use it free of charge and non-exclusively in Japan and outside Japan. The right (including copying, screening, public transmission, exhibition, distribution, transfer, loan, translation, adaptation, and publication) is deemed to have been granted (including sub-licensing rights) without a fixed date. Users shall not exercise the moral right of the author.
Article 10 (Secrecy)
1. With regard to the provision of the Service, the Company shall maintain the information or the contents provided by users that are clearly designated as confidential under an administrator’s goodwill.
2. Notwithstanding the provisions of the preceding paragraph, there is no need to treat information or contents that fall under any of the following items as confidential.
(1) The information is generally available
(2) Those already owned by the Company
(3) The Company independently developed outside of this service
(4) The Company legally obtained it from a third party
3. The Company shall also handle personal information about the user’s affiliated members recorded by the User using the Service in accordance with Section 1.
4. This Article shall be effective continuously after the termination of the provision of the Service.
5. The Company shall, upon the termination of the provision of the Service, delete all information recorded by the User using the Service.
Article 11 (About advertising)
We shall be able to post advertisements of the Company or third parties who have made postings to the Company in the provided services or software.
However, advertising on the service is limited to free users.
Article 12 (Disclaimer)
1. We provide the services under the through security as much as possible, but in case of damage to our facilities and customer’s data, etc caused by a third party’s malicious acts. Please note that we can not take any responsibility as such compensation or restoration.
2. The Company shall not be liable in the event of a dispute between a user and a third party about the use of the Service.
Article 13 (Exclusive Jurisdiction)
1. If a dispute arises between (us) and the user, the Kobe District Court will have the exclusive jurisdiction for the first instance.
Article 14 (Governing Law)
1. These terms and conditions shall be governed by and construed in accordance with the laws of Japan without reference to principles of conflict of laws.
Date of establishment: April 6, 2016
Revised August 16, 2018
Revised August 23, 2018