Terms of Subscription
Chapter 1 General
Article 1 Application of These Terms
- 1. These Terms apply between NOWCAST, Inc. (hereinafter referred to as “NC,” “we,” “our,” or “us”) and you as a Subscriber (or, before the completion of the subscription, as an applicant to the subscription) with respect to the subscription of “Nikkei CPINow” (hereinafter referred to as the “Service”). Various services might be added to, changed under, or removed from the Service in the future.
- 2. You can be registered as a Subscriber to the Service only after your acceptance of the terms and conditions of these Terms. PLEASE READ AND ACCEPT THESE TERMS BEFORE SUBMITTING YOUR APPLICATION.
- 3. If there are separate terms for an individual service, these Terms shall, unless otherwise provided for and unless contrary to the nature hereof, be applied, directly or by appropriately replacing certain terms hereof, to such separate terms for such individual service. If such separate terms for an individual service provide for a matter contrary to these Terms, the relevant provision of such separate terms shall prevail with regard to such individual service.
- 4. At the time of the commencement of your subscription to the Service, you are deemed to have accepted the terms and conditions of the Service, and a legal agreement for your use of the Service (hereinafter referred to as “this Agreement”) is deemed to have been entered into between NC and you.
Article 2 Scope of the Application of these TermsThese Terms apply to all matters relevant to your use of the Service and any content and system thereof.
Article 3 OutsourcingNC may outsource to our business partner(s) all or part of the operations necessary for providing the Service to you.
Chapter 2 Subscribership
Article 4 Categories of Subscribers; Service Descriptions
- 1. There are four subscribership categories as described below:
- (1) Diamond Subscriber
- (2) Platinum Subscriber
- (3) Gold Subscriber
- (4) Silver Subscriber
- 2. The Service includes the following contents:
- (1) Delivery of index data calculated and made available by NC;
- (2) Delivery of reviews made by an officer, employee, or technical consultant of NC or other expert (including in a written form, e-newsletter, or public communication through a site of the Service);
- (3) Small group workshops which are exclusively for Subscribers and are hosted by an officer, employee, or technical consultant of NC, or other expert;
- (4) Priority participation in public lectures given by an officer, employee, or technical consultant of NC, or other expert; and/or
- (5) Other services prescribed by NC to be made available to Subscribers.
- 3. The following categories of services will be made available in accordance with the respective subscribership categories set forth in Clause 1.
- (1) Diamond Subscriber: All of Items (1) to (5) included in the Clause 2 of this Article, and/or any service agreed to with NC in addition thereto or in lieu thereof.
- (2) Platinum Subscriber: All of Items (1) to (5) included in the Clause 2 of this Article.
- (3) Gold Subscriber: Items (1), (2), (4), and (5) of the Clause 2 of this Article. In addition, participation in Item (3) of the Clause 2 of this Article subject to the payment of fees to be prescribed separately.
- (4) Silver Subscriber: Items (2), (4), and (5) of the Clause 2 of this Article.
Article 5 Registration of Subscription
- 1. Your application for subscription to the Service shall be made in accordance with the procedures prescribed by NC. The subscription agreement between you and NC is formed if and when NC accepts said application.
- 2. NC may refuse to accept your subscriber registration in any of the following cases. In such cases, NC will not disclose in any way the grounds for the decision of such nonacceptance. In addition, you shall not raise any objection to the result of such a decision.
- (1) In the case where a person or entity alleged to be an applicant is not an existing person or entity;
- (2) In the case where NC cannot contact you at a phone number, fax number, email address, postal mailing address, etc., notified by you;
- (3) In the case where your registration information contains a false description or otherwise incorrect description similar thereto;
- (4) In the case where NC deems that you fail to meet the eligibility requirements for the subscriber registration, such as the case where you have been suspended from using a service, etc., operated by NC (including, but not limited to the Service and respective individual services) due to your breach of the relevant terms or otherwise;
- (5) In the case of any technical or operational difficulty; or
- (6) In the case where NC deems as otherwise inappropriate to register you as a Subscriber.
Article 6 Change in Registration Information
- 1. In the case of a change in your registration information, you shall, in a prescribed manner, promptly notify NC of such change. However, for procedural reasons, a certain number of days might be needed for a change to take effect after you have completed the procedures for notification of the change.
- 2. NC is not liable in any way for any disadvantage incurred by you before you make the notification under the preceding Clause or due to your failure to make the notification under the preceding Clause.
- 3. NC may, as a result of the review of the details of the change, suspend your use of the Service.
Article 7 Management of ID and Password
- 1. As used herein, an ID provided by NC (hereinafter referred to as “NC-ID”) and password or other symbols, etc., used together with the NC-ID as the information required for the verification of your right to use the Service are collectively referred to as “Personal Authentication Information,” and the verification made by means of the Personal Authentication Information with respect to your right to use the Service is referred to as “Personal Authentication.”
- 2. You are fully responsible for the management of your own Personal Authentication Information, and shall not allow any other person to use your own Personal Authentication Information or the right to use the Service requiring the Personal Authentication, share any of it with any other person, nor grant a license under any of it to any other person. As for any use of the Service after successful Personal Authentication of you or any act in association with such use (including cases where your Personal Authentication can be successfully completed without your involvement and the Service can be used by another person as a result of the connection or settings of your device or network being on an always-on connection service, etc.), any of such use and/or act is deemed to have been made by yourself regardless of whether such use or act is made by yourself or not, and you are fully liable and responsible therefor.
- 3. NC makes no warranty as to the capability and quality with respect to things such as connections made at the same time by you and another person using one Personal Authentication Information or connections made at the same time under more than one Personal Authentication Information through the same terminal.
Article 8 Your ResponsibilitiesYou may, subject to your acknowledgment of and agreement to all of the following matters, use the Service.
- 1. You comply with these Terms;
- 2. In using the Service, you follow the procedures established by NC, if any;
- 3. You use any content at your own responsibility by judging things such as the reliability, accuracy, maturity and usefulness (or value) of the details thereof yourself.
Article 9 Prohibitions
- 1. You shall not, without prior written authorization of NC, transfer, delegate or pledge as a security your status as the party to these Terms, or all or part of the rights or obligations under these Terms to or for any third party.
- 2. In using the Service, you shall not commit any of the following acts:
- (1) An act that violates or is likely to violate a right of NC or another person;
- (2) An act of unauthorized access;
- (3) An act of hacking or cracking;
- (4) An act of unauthorized downloading (such as, but not limited to, downloading of content(s), etc., in an amount or frequency which is obviously deemed as unusual in light of the purpose of your subscription), or an act of webscraping (including but not limited to, the act set forth in Article 47-7 of the Japanese Copyright Act) of content(s) made available on the Service;
- (5) An act associated with a crime such as fraud or an act in connection with a criminal conduct;
- (6) An act of hindering the use or operation of a facility of another person or a facility for provision of the Service (meaning any communication facility, communication line, computer or other device or software prepared by NC to provide the Service; hereinafter the same shall apply);
- (7) An act of breaching these Terms, public order or morality, hindering the operation of the Service, impairing the credibility of NC or violating a property of NC, or an act harmful to another person or NC;
- (8) An act of redistributing, leasing or selling the Service to another person unless authorized by NC;
- (9) An act of utilizing a failure or fault of the Service for an unauthorized purpose or informing of such failure or fault to another person; or
- (10) An act that NC deems as otherwise inappropriate.
Article 10 Personal Information
- 2. If you cancel the subscription of the Service or if NC suspends your use of the Service, NC will delete your information set forth in the preceding Clause; provided, however, that NC may, if we validate your usage history or otherwise find it necessary, retain back-up data of such information for thirteen (13) months and then delete it.
Article 11 Special Subscribership
- 1. In addition to the categories of subscriberships set forth in Article 4, Clause 1, NC may establish the following two categories as special subscribership(s): (1) Media Subscriber; and/or (2) Academic Subscriber.
- 2. In establishing the special subscribership(s) as set forth in the preceding Clause, NC may, in addition to these Terms, establish separate terms and conditions with respect to the details of qualifications, rights and obligations of the relevant Subscribers.
Chapter 3 Intellectual Property Rights, etc.
Article 12 Intellectual Property Rights, etc., of NC
- 1. The Service is a business information service provided by NC. Any data, diagram, chart, report, image, visual material, software, etc., relevant to the Service (hereinafter referred to as “Content”), any and all rights such as intellectual property rights (including, but not limited to intellectual property rights (including, but not limited to patent rights, utility model rights, copyrights (including the rights set forth in Articles 27 and 28 of the Japanese Copyright Act), moral rights of authors, design rights, trademark rights, ideas and know-how), the right to obtain a registration thereof, and ownership or other real rights thereto (excluding any ownership or other real right that belongs to a third party under a contract or otherwise)) belong to NC or NC's information provider(s).
- 2. You may, subject to all of the following conditions, use the Content made available through the Service:
- (1) You may download or accumulate the Content made available through the Service only for your personal use or internal use within your organization permitted under the Japanese Copyright Act. You may store and accumulate downloaded data on your own terminal or storage media for such purpose; provided, however, that any rights in or to any of such data are not transferred to you and remain the property of NC or a relevant information provider of NC. Therefore, you shall not, based on any Content downloaded, compile any database that can be regarded as a reproduction or adaptation of the Service even for the aforesaid internal use without the written authorization of NC. As for the aforesaid internal use within your organization, you may show such data which you have downloaded and accumulated to personnel other than yourself within your organization (except for your service assistant who is under your direct control and supervision; the term “service assistant” as used herein refers to a secretary, assistant, etc., and does not include any person who might make an external announcement and activities in his/her own name; hereinafter the same shall apply in this Item (1)) as a reference material to the extent not contrary to this Item (2); provided, however, that any of such personnel other than you within your organization or any other third person shall not, without going through you, directly access or use such downloaded and accumulated data.
(2) Your external use of the Content outside your organization (including, but not limited to any quotation in any literary work, such as a book, newspaper, paper, essay or report, which is open to the public or is made available to your client, as well as any duplication, transmission, distribution, transfer, lease, translation, adaptation, license grant, reproduction or reuse of information that is made available through the Service) shall be subject to all of the following conditions:
- a. As for Content that NC makes available to the public in addition to Subscribers, you may use it by clearly identifying NC as the source of the quotation and to the extent of “quotation” permitted under Article 32 of the Japanese Copyright Act.
- b. As for Content that NC makes available only to Subscribers, you may, subject to all of the following restrictions, use it by clearly identifying NC as the source of the quotation and to the extent of “quotation” permitted under Article 32 of the Japanese Copyright Act:
- (a) You shall not use outside your organization in whatever form any numeric data in which the whole of a consecutive data set of no less than a 30-day period can be perceived as information, or in which the whole of a consecutive data set of no less than a 6-month period can be perceived as information as for any numeric data made available on a daily basis;
- (b) You shall not use any diagram or chart in a manner in which a consecutive numeric data set can be perceived as information as prohibited in Sub-Item (a) above; and
- (c) Except for a quotation made by clearly identifying NC as the source of the quotation and to the extent of “quotation” permitted under Article 32 of the Japanese Copyright Act, you shall not use any report, or material for any workshop, or lecture in the form of duplication or adaptation.
- c. In the case of any external use as set forth in this Item, please identify as follows: “Source: (NOWCAST, Inc.).” In addition, in making such use, please contact us through the contact information designated by NC.
- d. Any trademark, service mark, logo, etc., contained in the Service are the registered trademarks or trademarks of NC, and you shall not, without the authorization of NC, use any of them other than for your personal use or internal use within your organization.
- 3. In addition to the provisions of the preceding Clause, you acknowledge and agree that you will not, whether wholly or partially, duplicate, publish, transmit, distribute, transfer, lease, translate, adapt, grant a license of, reproduce or reuse the Service or software or any content contained therein unless otherwise prescribed in the preceding Clause or authorized by NC in advance in writing.
- 4. In the case of your breach of Clause 2 or 3 of this Article, you acknowledge and agree in advance that NC is entitled to enjoin the access to (or use of) any Content, etc., as well as any material generated by duplication, publication, transmission, distribution, transfer, lease, translation, adaptation, license grant, reproduction or reuse of any Content, etc., and is also entitled to claim from you the amount equivalent to your profits earned from such conduct.
- 5. In the case of Clause 2, Item (2) of this Article or in the case where the authorization set forth in Clause 3 of this Article is granted, NC may quote, reproduce or present on the Service the relevant quotation made in a literary work, such as a book, newspaper, paper, essay or report released outside your organization, which is open to the public or is made available to your client. In the case where a consent of a third party is required for such quotation, reproduction or presentation, you shall provide cooperation necessary to obtain such consent.
Chapter 4 Subscription Fees
Article 13 Subscription Fees
- 1. You shall pay the fees for the Service in accordance with the Exhibit titled “Price List” (hereinafter referred to as the “Exhibit“). In principle, unless otherwise agreed to with NC, you shall, based on an invoice issued by NC, make the payment of the fees for the Service for the current month by the end of the next month to the bank account designated by NC.
- 2. NC may offer a free trial period with respect to this subscription service only for a certain period after your application under Article 5, Clause 1 of these Terms. NC will notify you of the time limit of such trial period at the time of your application.
- 3. Upon expiration of such free trial period under the preceding Clause, the trial subscription converts automatically to a paid subscription under Clause 1 of this Article. If you do not wish to be subject to such automatic conversion, you shall notify NC of the cancellation of the subscription in writing on or before the last day of the free trial period.
- 4. NC may revise the fees set forth in the Exhibit by notifying to you in writing or on a screen of the Service one (1) month in advance.
Chapter 5 Use of the Service
Article 14 Facilities, etc.
- 1. You are responsible for any communication charges required for your use of the Service as well as any facilities necessary for your use of the Service (such as computer, communication device, software and high-speed Internet access environment) at your own expense and account.
- 2. NC will separately identify the environment required for the use of the Service (hereinafter referred to as “System Requirements”). You agree that NC may change a program, communication means and/or content of information in order to enhance the quality of service for Subscribers.
- 3. You acknowledge and agree that you might not be able to use the Service if your facilities fail to meet the System Requirements. In addition, you acknowledge and agree that you might not be able to use the Service depending on your specific environment, the settings of your computer, or otherwise even under an environment meeting the System Requirements.
Article 15 Email Service
- 1. In sending an email to you for the Service, NC is not responsible for any unsent, delayed or garbled email or any email being sent multiple times.
- 2. In the case where you delete or lose an email you have received, NC will not resend such an email.
- 3. In the case where you change your registered email address, you acknowledge and agree in advance that a certain number of days is needed for a change to be effective, and emails from NC to be sent to your changed email address, and you shall not request NC to resend an email or otherwise.
Article 16 User Support
- 1. NC accepts inquiries about the Service through the Contact desk.
- 2. Some inquiries about the Service may be responded to by our business partner(s).
- 3. NC will not respond to any inquiry about Personal Authentication Information, or any request to undertake the procedures for changing Personal Authentication Information or for canceling the subscription the Service. As NC manages each password by encrypting it, NC cannot answer any inquiry even from you about your own password.
Article 17 Restrictions on the Use of the Service
- 1. You acknowledge and agree that you might, depending on a channel or method of your application for the subscription to the Service, be subject to restrictions such as unavailability of certain services.
- 2. NC retains the right to establish additional terms and conditions for your use of the Service and introduce some restrictions on your use (for example, by prescribing the time for your access or otherwise) as necessary.
- 3. In the case where your subscription agreement is terminated pursuant to Article 19 (Cancellation of Subscription), Clause 1 or Article 20 (Suspension of Use), Clause 1, even if you subscribe to the Service again, you are not entitled to take over any right under the unsbscribed Service.
- 4. NC may provide the Service to you through our third party vendor(s). In this case, you acknowledge and agree that not all the Services may be available to you through such third party vendor(s).
Article 18 Notifications to Subscribers
- 1. Any notification from NC to you will be made in a manner NC determines as appropriate, such as by posting on the Service or via email.
- 2. In the case where a notification from NC to you is made by posting on the Service or via email pursuant to the provision of the preceding Clause, such notification comes into effect upon the posting on the Service or the sending of email therefor.
- 3. You are responsible for checking notifications from NC to you from time to time. NC is not liable in any way for any damage incurred by you due to your failure to conduct such a check.
Chapter 6 Revision of these Terms; Cancellation of Subscription (Cancellation of Subscription Agreement); Change to the Service, Etc.
Article 19 Revision of these Terms
- 1. NC may, if NC finds it necessary, make an addition, amendment or deletion (hereinafter referred to as “Revision” or “Revise” in this Article) to or from these Terms from time to time. You acknowledge and agree that NC may make such Revision(s) to these Terms and that the terms for use, etc., of the Service are governed by the Revised version of these Terms.
- 2. Prior to making a Revision under the preceding Clause, NC will notify Subscribers of the terms and conditions of the Revised version of these Terms by means such as the posting on the Service, the sending of email, or otherwise as NC deems appropriate pursuant to the provision of Article 18 (Notification to Subscribers), Clause 1.
- 3. The Revised terms and conditions of these Terms comes into effect upon the posting on the Service or the sending of email therefor unless otherwise specified by NC.
Article 20 Cancellation of Subscription
- 1. If you wish to cancel this Agreement during the term, you shall notify your intention of cancellation to NC in writing on or before the last day of the month that is one (1) month prior to the day on which you wish the cancellation to be effective. This Agreement expires at the end of the month following the month in which the cancellation notice is received. You shall pay the fees up to and including the month of such expiration (No fee will be calculated in a per diem form).
- 2. NC is not liable in any way for any damage incurred by you due to a conduct made by NC in accordance with this Article.
Article 21 Suspension of Use
- 1. NC may suspend your use of the Service (terminate your subscription agreement) without any notice to you or demands for rectification if NC deems that any of the following Items applies to you:
- (1) In the case where NC receives a complaint, claim, etc., from another person in connection with your use of the Service and if NC finds it necessary to suspend your use of the Service;
- (2) In the case where NC cannot contact you by phone, fax, email or otherwise;
- (3) In the case where a postal item addressed and sent to you is returned;
- (4) In the case where you become subject to a criminal procedure, etc., due to your violation of a law, regulation, etc.;
- (5) In the case where you admit your inability to pay your debts or you have the inability to pay your debts as they become due;
- (6) In the case of the dishonor of a negotiable instrument or check;
- (7) In the case of a petition for attachment, provisional attachment or compulsory auction against you or a disposition of delinquency of any tax or public charge against you; or
- (8) In the case of a petition for the commencement of bankruptcy or civil rehabilitation proceedings against you or in case of material uncertainty about your credit standing;
- (9) In the case where you breach Article 9 (Prohibitions) or where NC deems that you are likely to breach it;
- (10) In the case where you breach any provision of these Terms (other than those set forth in the preceding Clause) and if such breach is not rectified within a reasonable period after NC's demand for rectification of such breach;
- (11) In the case where the Service is not used by you for a certain period;
- (12) In the case where NC offers a free trial period for a paid individual service, and such trial period has lapsed without your registration for paid subscription of such individual service (in this case, your use will be suspended only as regards such individual service); or(13) In the case where NC deems it necessary for your subscription agreement to be terminated for a cause other than those described above.
- 2. NC will not accept any question or complaint concerning NC's suspension of your use (or termination of your subscription agreement).
- 3. If your subscription agreement is suspended (or terminated), any and all of your obligations to NC (including any unpaid subscription fees) that have accrued as of the time thereof become immediately due and payable, and you shall perform all such obligations at once.
- 4. In the case where you breach Article 9 (Prohibitions) or fall under any of the Items of Article 1, Clause, 1 and if NC incurs damage as a result thereof, NC is, regardless of whether your subscription agreement is terminated or not, entitled to claim from you the damages incurred by NC.
- 5. NC is not liable in any way for any damage incurred by you as a result of NC's termination of your subscription agreement.
Article 22 Change, Discontinuation, etc., of the ServiceNC may, without any prior notice to you, change, suspend or discontinue (or terminate) all or part of the contents of the Service. Such change, suspension or discontinuation (or termination) includes those due to the maintenance of system, natural disasters, etc.
Chapter 7 Miscellaneous
Article 23 TermThis Agreement continues in effect from the commencement date of your subscription to the Service to the last day of the month succeeding the month in which one (1) year has elapsed from such commencement date; provided, however, that you do not provide a written notice of cancellation thirty (30) days prior to the expiration of the term, this Agreement is renewed for an additional one (1) year, and the same shall apply thereafter.
Article 24 Transfer by NCNC may, upon a prior notice on the Service and without your specific permission, transfer to any third party our status as the party to these Terms and respective individual terms of services and assign or delegate to any third party our rights and obligations set forth in these Terms.
Article 25 Disclaimer and Damages
- 1. (Disclaimer of NC) NC's responsibility to you with respect to the Service is limited to operating the Service with the due care of a good manager so that you can use the Service with no hindrance. Except in the case of NC's willful conduct or gross negligence, NC is not liable in any way for any of the following matters, and does not assume any obligation to compensate for any damage therefrom:
- (1) Any damage incurred by you or any other third party due to or in connection with any use of the Service (including any damage arising due to a trouble between you and any other person), or any damage incurred by you or any other third party as a result of unavailability of the Service (including, but not limited to each damage specifically described hereinafter in this Clause);
- (2) Any result of a conduct made by NC in accordance with a provision of these Terms;
- (3) 1) Any failure, malfunction, trouble, blackout, etc., of a system providing the Service or a force majeure event beyond NC's scope of prediction such as an abnormality in a communication line, or 2) any disappearance or loss of Personal Authentication Information, personal information or other data, etc., concerning you due to a system failure or any damage arising therefrom;
- (4) Any payment obligation with respect to any expense incurred by you in association with a change, etc., in the Service (meaning, but not limited to telephone charges and fees based on a contract, etc., with a provider);
- (5) Any failure which can arise in your use of the Service such as a failure in connection with the installation of a program;
- (6) Any damage incurred by you or any third party due to a change in, suspension of or cancellation (termination) of a content of the Service (if any);
- 2. (Responsibilities of Subscriber)
You are liable for any of the matters set forth below and NC is not liable in any way for any of said matters:
- (1) Any social, mental or physical damage incurred by yourself due to your deviation from the appropriate use;
- (2) Any conduct made on the Service by using your own Personal Authentication Information as well as any result thereof (regardless of whether such conduct is made by yourself or not), and any damage incurred by you or any third party as a result of another person's use of your Personal Authentication Information (regardless of whether or not it is due to your intention or negligence);
- (3) Your use of the Service and any conduct made by you by using the Service as well as any result thereof; and/or
- (4) Any disadvantage incurred by you due to a deficiency, if any, of a detail of your registration information or of a content generated by you.
- 3. (Disclaimer of Warranty for the Service) The Service is provided to you on an “as available” basis for NC at the time of provision of the Service. You acknowledge and agree in advance that NC makes no warranty for the absence of defect in the Service. Accordingly, NC is not responsible in any way for the completeness, accuracy, applicability, usefulness or otherwise with respect to such as information (including a computer program) you acquires through your use of the Service.
- 4. (Use of Information Acquired from the Service) Any Content of the Service is not intended to solicit investment. Your use of any information acquired from each Content of the Service shall be at your own discretion and responsibility. In particular, in using the Service in connection with any company information, stock or securities information, investment information, etc., please read the terms and conditions of this Clause carefully again. The Service is only a source of information, and no Content, etc., is posted for the purpose of recommending a certain investment. Neither NC nor any of our business partners is responsible in any way for the accuracy, usefulness, etc., of any information provided through the Service. In addition, neither NC nor any of our business partners is responsible in any way for any result of investment made by using (or accessing) or relying on (or depending on) such information, and neither NC nor any of our business partners is liable in any way for any damage alleged to be incurred due to such information.
- 5. (Links from the Service) A Website for the Service may contain links to other Websites, etc. Any Web page to which you move is not managed or controlled by NC. NC is not responsible for availability of any Website or resource outside the Service. In addition, NC is not responsible in any way for any content, advertisement, commodity, service, etc., contained in or made available on such a Website or resource. Accordingly, NC is not liable to compensate for any damage (whether indirect or direct) arising out of or in connection with such content, advertisement, commodity, service, etc.
- 6. In the case where any conflict arises between you and NC or a third party as a result of your use of the Service or where you cause any damage to NC or a third party, you shall resolve it at your own responsibility and expense.
- 7. In the case where you cause any damage to NC in your use of the Service, NC may claim damages from you.
- 8. Even if any part of this Article is held to be invalid by any related law or regulation, any other provisions remain in full force and effect.
- 9. Notwithstanding the provisions of this Article, in the case where the disclaimer of NC as provided for in these Terms is not enforceable due to a mandatory statute, final and binding court judgment, etc., or in the case of NC's willful conduct or gross negligence, NC is responsible to compensate only for a normal direct damage incurred by you.
Article 26 Countermeasures for Breach of These Terms, etc.
- 1. If you breach or are likely to breach these Terms, or if NC receives a complaint, claim, etc., from a third party in connection with your use of the Service and NC finds it necessary, NC may request you to cooperate with a survey thereof, and you shall cooperate with such a survey. In addition, NC may, if we find it necessary based on another reason, take against you one or more of the measures described below:
- (1) Request you to cease any conduct which breaches or is likely to breach these Terms and not to engage in any conduct similar thereto again;
- (2) Request you to enter into negotiation with the relevant third party(ies) in order to resolve the complaint, claim, etc., (including those under an alternative dispute resolution procedure);
- (3) Remove all or part of the content generated by you; and/or
- (4) Take any other measures that NC finds necessary.
- 2. NC is not obligated to take any of the measures set forth in Clause 1 of this Article. NC is not liable in any way for any result due to any of such measures.
- 3. You acknowledge and agree that NC may take such measures set forth in Clause 1 of this Article at NC's discretion and without any notice.
Article 27 Governing Law; JurisdictionIf the necessity for litigation arises between you and NC under or in connection with these Terms, the Tokyo District Court shall have the exclusive jurisdiction as the court of first instance. These Terms are governed by the laws of Japan.
Article 28 Official Text and Headings
- 1. The official text of these Terms is in the Japanese language. Although NC provides this English translation version of these Terms for your convenience, if there arises any contradiction or question between the Japanese text and English text, these Terms shall be construed in accordance with the Japanese text.
- 2. The headings of each Article are inserted for convenience of reference only, and do not affect the construction of these Terms.
Article 29 Entire AgreementYou and NC acknowledge that the matters provided for in these Terms constitute the entire agreement between the parties, and that any and all contracts, memorandums of understanding, agreements, understandings, negotiations, etc., made between you and NC concurrently or prior to the execution of this Agreement cease to be effective.
Article 30 No Waiver
- 1. No failure or delay of either party to require the performance by the other party of any provision of these Terms shall in any way adversely affect such provision thereafter.
- 2. No waiver by either party of a breach of any provision of these Terms is deemed to be a waiver by such party of any succeeding breach of such provision.
Article 31 SeverabilityIf some provisions of these Terms are held to be legally invalid, such situation does not mean the invalidity of any other provision.
Supplementary Provisions 1
These Terms come into effect as of January 1, 2016.
Supplementary Provisions 2
1. These Terms as revised come into effect as of Thursday, March 30, 2017.
2. The provisions of Article 13, Clauses 2 and 3 shall apply to each Subscriber who makes an application on or after April 1, 2016 under Article 5, Clause 1 of these Terms.