TERMS OF SERVICE
EACH TIME YOU ACCESS OR USE THIS WEBSITE OR THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THESE TERMS OF SERVICE, PLEASE EXIT FROM THE WEBSITE. ANY REFERENCES HEREIN TO "YOU" AND "YOUR" REFER TO BOTH YOU AND SUCH PERSON AND LEGAL ENTITY ON WHOSE BEHALF YOU ACT, IF ANY.
The Company may, from time to time, modify, amend, or supplement these Terms of Service, and post those changes on the Terms of Service page. Such modifications, amendments or supplements shall be effective immediately upon posting on the Website. You are responsible for periodically checking the Website for changes to these Terms of Service. If you do not agree to be bound by (or cannot comply with) these Terms of Service as modified, you agree that your sole remedy is to cease using the Services by canceling your Account. Your continued use of the Services constitutes your agreement to be bound by the amended Terms of Service.
1.ACCOUNT REGISTRATION AND POLICIES
By completing the registration process, you may establish a Service account ("Account") and register as a Plat'Home Member ("Member"), and access and use the Service from the Website. To create an Account, you must click on the link below and complete the registration form. The registration form requires you to enter your company name and department (if applicable), select a login ID and password, your name, address, phone and fax numbers, email address and such other information that the Company may require. You must provide truthful and accurate information during the Account registration process and agree to provide written notice to the Company should any of the information provided during the registration process change. The Company reserves the right to reject any attempted registration for any reason.
You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, transfer or sell your Account login ID or password to third party users or permit such third party to access your Account.
(a)Charges and Billing
Terms of payment are within the Company's sole discretion and may be modified, amended or supplemented at any time and shall become effective upon posting on the Website. All applicable fees and other charges for products are payable in advance. Payment for the products will be made by credit card or PayPal only. Each sale of a product shall be deemed consummated upon Company's receipt of the applicable fees and charges. The Company reserves the right to change prices at any time. The Company is not responsible for pricing, typographical, or other errors, in any offer by the Company and reserves the right to cancel any orders resulting from such errors.
(b)Termination of Account
(i)Member. Subject to the terms described herein, each Member has the right to terminate or cancel such Member's Account at any time upon written notice to the Company. Each Member understands and agrees that the cancellation of a Member's Account is such Member's sole right and remedy with respect to any dispute, including, but not limited to, any related to, or arising out of: (A) any term of these Terms of Service or the Company's enforcement or application of these Terms of Service; (B) the Member's ability to access and/or use the Service; or (C) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods. The Company reserves the right to collect accrued fees and charges and costs incurred by the Company upon receipt of a Member's notice to cancel an Account.
(ii)Company. The Company terminate a Member's account at any time in its sole and absolute discretion for any reason including, without limitation, upon the occurrence of any one of the following events:
(iii)General. In the event an Account is terminated or canceled for any reason no refund will be granted and the Member will have no further access to the subject Account. Any delinquent or unpaid Account with unresolved disputes must be settled before the Company may allow a Member to register again. Any and all of a Member's personal information submitted to the Service, including, any Account information and password information will promptly be destroyed upon termination of the Service.
(c)Product Delivery. All orders placed on the Website are subject to product availability, and payment processing time, and will be delivered solely via download from the Website. The Company reserves the right to decline or cancel product orders at any time.
(d)Refunds. Under no circumstances will a product refund be given after payment is received by the Company.
2. RESTRICTIONS AND OBLIGATIONS
(a)Modification to Service
The Company may at any time and from time to time revise, supplement, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, and terminate all licenses granted in these Terms of Service. You agree that neither the Company nor any of its affiliates, licensors, agents, or employees is liable to you or any third party for any revision, supplement, suspension, or discontinuation of the Service, and termination of any license.
Each Member agrees not to engage in any of the following:
(c)Liability For Computer Fraud
The use of machines, computers, scripts or any automated system on the Service is strictly prohibited and may result in criminal liability under one or more applicable laws or regulations. Moreover, any of the following actions may subject you to civil and/or criminal liability, including, penalties:
(i) knowingly and with intent to defraud, accessing a protected computer without authorization, or exceeding authorized access, and by means of such conduct furthering the intended fraud and obtains anything of value;
(ii) knowingly causing the transmission of a program, information, code, or command, and as a result of such conduct, intentionally causing damage without authorization, to a protected computer;
(iii) intentionally accessing a protected computer without authorization, and as a result of such conduct, recklessly causing damage; or
(iv) intentionally accessing a protected computer without authorization, and as a result of such conduct, causing damage.
(d)Proprietary Rights; Copyrights and Trademarks
You understand and acknowledge that the Website, the Service and information provided to you in connection therewith is owned solely and exclusively by the Company, its licensors or its affiliates, or suppliers, and are protected by applicable laws and regulations, and international treaties relating to copyrights, trademarks, and other intellectual property rights. Under no circumstance will you obtain any ownership interest in any such proprietary subject matter pursuant to these Terms of Service or otherwise.
The Company, its logo(s), and associated brand names and domain names are trademarks of the Company in Japan and other countries. The Company trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner can be interpreted as business disparagement. All other trademarks not owned by the Company that may appear on the Website are the property of their respective owners. You may not use, and nothing contained on the Website grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Website without the written permission of the Company or the respective owner of such trademark, service mark or logo.
The Website is provided on an "as is" and "as available" basis. The Company reserves the exclusive right and may, at any time and without notice and liability to you, modify or discontinue the Website or delete the data that you provide, whether temporarily or permanently. Temporary interruptions in the availability of the Website may occur from time to time as normal events. Under no circumstances will the Company be held liable for any damages resulting from such interruptions. The Website may include technical inaccuracies, typographical errors or may enable you to access or download harmful or malicious code introduced onto the Internet by third parties. The Website is made available internationally and may contain references to products, programs and services of the Company and/or its suppliers that are not available in your location. Such references do not imply that the Company or its suppliers intend to make available such products, programs or services in your location.
3. DISCLAIMER OF WARRANTIES
YOU HEREBY EXPRESSLY AGREE THAT THE ACCESS AND USE OF THE WEBSITE, THE SERVICE, AND THE INTERNET IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICE, THIRD-PARTY SERVICES AND PRODUCTS AND ANY INFORMATION DELIVERED TO YOU IN CONNECTION THEREWITH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND BY THE COMPANY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY PROVIDES THE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
4. LIMITATIONS OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH THE COMPANY OR ITS LICENSORS IS TO STOP USING THE SERVICE, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL THE COMPANY, ITS LICENSORS OR ITS AFFILIATES BE LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICE. MOREOVER, IN NO CASE SHALL THE COMPANY's OR ITS LICENSORS', AFFILIATES', EMPLOYEES', OFFICERS', MEMBERS' OR DIRECTORS' (COLLECTIVELY, "COMPANY AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO THE COMPANY FOR THE SERVICE. FURTHERMORE, IN NO CASE SHALL ANY COMPANY AFFILIATE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM THEFT OR LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSS) ARISING FROM YOUR USE OF THE SERVICE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ANY COMPANY AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
5.LINKS WITH OTHER SITES
For the convenience of our users, the Website provides certain links to web sites provided by third parties. The Company is not responsible for the content of any other web site linked to or from the Website. If you link to another site, you leave the Website and you do so entirely at your own risk. The Company provides links from the Website to other sites solely as a convenience to you and in no way should this be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. THE COMPANY DISCLAIMS ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING, WITHOUT LIMITATION, AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE.
You agree to defend, indemnify and hold harmless the Company and its licensors, affiliates, suppliers, employees, officers, and directors from all claims for liabilities, losses and expenses, including reasonable attorneys' fees, from third parties arising from any breach of these Terms of Service. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to the Company in that matter.
This Website is operated and controlled from the Company's offices in Tokyo, Japan. It can be accessed from various countries of the world. The laws of Japan, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Website and your connection to and use of the Website and/or the Services. By accessing or using the Website and/or the Services, you submit and consent to the exclusive jurisdiction of Tokyo District Court with respect to any dispute or cause of action arising out of or in connection with these Terms of Service and/or your use of the Website or the Service.
8. VOID WHERE PROHIBITED
The Company makes no representation or warranty that any material on the Website or the Service is lawful in every jurisdiction from which such content can be accessed, or is available for use in all jurisdictions. If you access or use the Website or the Services from a jurisdiction outside Japan you are responsible for compliance with all applicable local laws.
If you have any questions, complaints, or comments regarding these Terms of Service, or have other questions or suggestions about our Website, please contact us via e-mail at firstname.lastname@example.org.
© 2007 Plat'Home Co., Ltd. All rights reserved.