Terms of Use
These Terms of Use (hereinafter referred to as the "Terms") apply to the use of all services provided by GMO Insight Inc. (including but not limited to websites, software, search services, bulletin boards and other services, as well as software that we provide in connection with or incidental to such services; collectively, the "Services"). The Services may be used only by persons who have agreed to the contents of these Terms.
1. Scope of the Terms
1-1. These Terms are the general terms and conditions that commonly apply to the use of the Services provided by GMO Insight Inc. (hereinafter referred to as the "Company").
1-2. The Company may establish individual rules or regulations applicable to specific services on the Company's website or otherwise. Such rules and regulations constitute a part of these Terms. Accordingly, in order to use each service, you must agree to all applicable terms and conditions. In the event of any conflict between these Terms and any individual terms, the individual terms shall prevail, and the remaining provisions of these Terms and the individual terms shall apply concurrently.
2. Effectiveness and Amendment of the Terms
2-1. Users of the Services (hereinafter referred to as "Users") shall be deemed to have agreed to these Terms and shall comply with them. Some of the Services may be available without user registration or other procedures; however, these Terms shall apply to such Services as well, and a User shall be deemed to have accepted these Terms at the time the User uses any of the Services. If, under the laws applicable in the User's current place of residence, the User has not reached the age of majority or the age at which the User can bear legal responsibility (hereinafter referred to as a "Minor"), or if the User is otherwise restricted from independently performing legal acts or bearing legal responsibility, the User must use the Services only after obtaining the consent of the User's parent or legal guardian or otherwise removing such restrictions on performing legal acts or bearing legal responsibility, to the extent required under such laws.
2-2. The Company may amend these Terms from time to time if any of the following items applies. After such amendment, the amended Terms shall apply.
- When the amendment to these Terms is in the general interest of Users; or
- When the amendment to these Terms is reasonable in light of the purpose of the contract, the necessity of the amendment, the appropriateness of the amended provisions and the details thereof, and other circumstances relating to the amendment.
2-3. When amending these Terms, the Company shall determine the effective date of the amended Terms and notify Users of the contents of the amended Terms and their effective date by posting them on the Company's website or by other methods the Company deems appropriate, no later than two (2) weeks prior to the effective date. If a User does not agree to the amended Terms, the User shall immediately cease using the Services. If, after such notice in the preceding paragraph, the User continues to use the Services on or after the effective date of the amended Terms, the User shall be deemed to have agreed to the amendment of these Terms.
3. Usage Environment
3-1. In order to use the Services, it is necessary to access the Internet. Users shall, at their own responsibility and expense, prepare and appropriately install, configure and operate the necessary equipment, software, telecommunications services and the like. The Company is not involved in any way in the preparation or methods used by Users to access and use the Services.
3-2. The User understands and agrees that, when using the Services, (1) default settings of the User's computer and web browser and other applications, (2) part of the User's customized settings (including but not limited to search function settings), and (3) software and other items provided by the Company may be modified or updated for the purpose of enabling the use of the Services.
3-3. The User acknowledges that, depending on the specifications of the User's computer usage environment or communication environment, all or part of the Services may not be available. The Company does not warrant compatibility of the Services with any software or other items that may be developed in the future.
4. Use of Registered Services
4-1. For Services that require user registration, Users must comply with the following conditions:
- In registering as a User, the User shall provide the information required by the Company in the manner specified by the Company.
- The registration application must be made by the User who will actually use the Services.
- In applying for user registration, the User must provide true, accurate and up-to-date information to the Company.
- The User shall not use false, inaccurate or misleading information in the registration details.
4-2. The Company may refuse registration if any of the following applies:
- The Company determines that there is a risk of violation of these Terms;
- There is any false information, error or omission in the registration details provided to the Company;
- The applicant has previously had registration for the Services cancelled;
- The applicant is a Minor, an adult ward, a person under curatorship or a person under assistance, and has not obtained the consent of his or her legal representative, guardian, curator or assistant; or
- In any other case where the Company deems registration inappropriate.
4-3. If there is any change in the registration details after registration, the User shall promptly notify the Company of such change by the method specified by the Company and submit any documents requested by the Company.
5. License to Use Software
5-1. With respect to the Services that require specific software, the Company may provide software designated by the Company to the User. In such case, the Company grants to the User who receives such software a non-transferable, non-exclusive right to use such software. The software is licensed, not sold. The Company reserves all rights in such software other than the rights expressly granted by the Company, regardless of any doctrine of implication, estoppel or otherwise.
5-2. These Terms shall apply to upgraded or modified versions of such software, including changes in functions. The Company may implement such changes from time to time but is under no obligation to do so.
5-3. The Company may, for the purpose of use of the Services, check the versions of software distributed by the Company and update them by appropriate methods.
6. Changes, Suspension and Termination of the Services
6-1. The Company may, at any time and at its sole discretion, change, add or delete the contents or functions of the Services, or suspend or terminate all or part of the Services. The Company makes no warranty whatsoever regarding the contents of the Services, their reliable provision, the results of access to the Services, or the continuation of the Services themselves.
6-2. In addition to the preceding paragraph, the Company may temporarily suspend the provision of the Services without prior notice to Users if any of the following applies:
- When maintenance or construction work is performed on facilities for the Services;
- When a failure occurs in facilities for the Services;
- When the use of telecommunication services becomes impossible due to services provided by Type I telecommunications carriers or other telecommunications carriers;
- When the operation of the Services becomes impossible due to force majeure, such as fire, power outage, natural disasters or epidemics; or
- When the Company otherwise deems it necessary to temporarily suspend the Services for operational or technical reasons.
7. Restrictions on Use of the Services
7-1. The Company reserves the right, as necessary, to establish various rules regarding the use of the Services and to impose restrictions on such use (for example, by specifying the number of postings on bulletin boards, the disk space allocated by the Company to Users, access time and other matters).
7-2. Even if the Company retains, for a certain period for operational reasons, messages or other information sent or received by Users, the Company is under no obligation to retain such information and may delete it at any time. The Company shall not be liable for any damage incurred by Users arising from such measures.
8. Management of IDs and Passwords
User IDs and passwords obtained through user registration shall be managed under the responsibility of the User. The User shall be responsible for any acts performed using such ID and password. If the User's ID is used without authorization or if the User's ID or password is suspected to have been disclosed to a third party, the User shall immediately notify the Company. The User shall also log out each time the use of the Services is temporarily completed. The Company shall not be liable in any way for any damages arising from leakage or unauthorized use of an ID or password.
9. Responsibility for Transmitted Information
9-1. The User acknowledges that all content (including but not limited to information, data, documents, software, music, sound, photographs, images, videos, messages and text; collectively referred to as "Content") is owned, even if publicly known or personally obtained by the User, by the person who first created such Content (including a person who has legitimately obtained the rights to such Content from the original creator). Some of the Services allow Users to create, store, upload, transmit or share Content. The User shall be responsible for any Content that the User transmits, discloses or provides to the Company or any third party through the Services, and any Content that the User creates, stores, uploads, transmits or shares through the Services (collectively, "User Content"). The Company shall not bear any responsibility on behalf of the User with respect to User Content. The Company does not manage User Content and makes no warranty whatsoever as to the reliability, truthfulness or legality of User Content. The User acknowledges that the User may be subject to criminal penalties, claims for damages, or objections from third parties in relation to User Content. The Company shall not be liable for any damages arising from User Content.
9-2. The User understands that the Internet is used across national borders and shall comply with regulations applicable in the countries and regions where the Services are used regarding online conduct and what Content is permitted. In particular, when transmitting technical information from the country of residence to other countries, the User agrees to comply with applicable laws and regulations relating to the export of technology.
10. Handling of Personal Information
For personal information in relation to the Company's Services, please refer to the Company's Privacy Policy. The Privacy Policy stipulates the types of data collected by the Company, including personal information, the methods by which such data are used and the purposes of use. The Privacy Policy also applies to User Content. By using the Services, the User is deemed to have consented to the collection, use and disclosure of data, including personal information, and to the contents of the Privacy Policy. Depending on the nature of the Services, separate consent to the Privacy Policy may be required.
11. Prohibited Acts
Users shall not engage in any of the following acts in connection with the Services:
- Altering or deleting information that can be used through the Services, or transmitting or posting information that is not true;
- Exploiting, harming or threatening Minors;
- Infringing, or acting in a manner that may infringe, copyrights, trademarks or other intellectual property rights of other Users, third parties or the Company;
- Discriminating against, defaming or slandering other Users, third parties or the Company, or otherwise damaging their honor or credibility;
- Infringing, or acting in a manner that may infringe, the property, privacy, portrait rights or publicity rights of other Users, third parties or the Company;
- Disclosing the personal information of other Users or third parties without authorization;
- Sending advertising, promotional or solicitation emails to other Users, third parties or the Company without authorization, sending emails that cause discomfort to recipients, interfering with the receipt of emails by others, or requesting chain email forwarding and responding to such requests;
- Engaging in acts that constitute crimes such as fraud;
- Establishing or soliciting for pyramid schemes or similar schemes;
- Transmitting or posting obscene materials or materials constituting child abuse, including images and documents;
- Engaging in election campaigning or similar activities, or acts in violation of the Public Offices Election Act;
- Using, providing or recommending computer viruses or other harmful programs;
- Sending spam or engaging in phishing;
- Accessing the Services by means other than the interfaces provided by the Company to Users;
- Impersonating another User or a third party when using the Services, or falsely claiming to have partnership, cooperation or other relationships with a person or organization;
- Attempting to gain unauthorized access to other computer systems or networks connected to the Services;
- Otherwise violating laws or public order and morals (including but not limited to prostitution, violence and cruelty), or engaging in acts that cause disadvantage to other Users, third parties or the Company;
- Aiding or encouraging any of the prohibited acts listed above; or
- Any other acts that the Company deems inappropriate.
12. Measures such as Deletion and Suspension of Use
12-1. If a User engages in any prohibited act specified in these Terms or otherwise violates these Terms, the Company may, at its discretion, take any or all of the following measures. However, the Company is under no obligation to take such measures, including deletion of information.
- Deletion, concealment or suspension of display of the relevant information; and/or
- Suspension of all or part of the Services to the User, or cancellation of the User's registration.
12-2. The Company shall not be liable for any damages incurred by the User or any third party arising from the deletion or non-deletion of information pursuant to the preceding paragraph.
13. Content Transmitted to the Company
13-1. The Company provides certain Services, such as bulletin boards, that allow public access by an unspecified number of Users to Content transmitted by Users. When a User transmits Content to such Services that are accessible by an unspecified number of Users, the User shall be deemed to have granted the Company a non-exclusive, worldwide, perpetual and royalty-free license (including the right to grant sublicenses) to use such Content (including but not limited to reproducing, publicly transmitting, adapting, transmitting, distributing, transferring, lending, translating and otherwise exploiting such Content). The User shall not exercise moral rights of authors with respect to such Content. For the avoidance of doubt, this clause does not constitute a commitment by the Company to grant licenses to other Users to use such Content.
13-2. If required under applicable laws or legal procedures, if necessary to ensure compliance with these Terms, if necessary to address claims regarding Content that infringes the rights of third parties, or if necessary to protect the property, rights, life, body, business or other safety of the Company or Users, or to protect the public interest, the Company may retain and disclose Content and related information as the Company deems necessary.
13-3. When a User uses the Services and transmits information to the Company, the Company may analyze such information for the purpose of improving user convenience and reflect the results in the features provided as part of the Services.
14. Responsibility for Content
14-1. When using Content accessible through the Services, the User agrees to make his or her own judgment regarding the reliability, accuracy, completeness, usefulness, suitability for a particular purpose and other attributes of the Content, and to use the Content at the User's own responsibility and risk. The User should recognize that Content posted on the Services, including all services such as bulletin boards, may be unreliable.
14-2. The User understands and agrees that, when sending or receiving services including Content, necessary data, signals and similar information may be altered due to circumstances related to the type and condition of the network and equipment used for connection.
15. Rights Relating to the Services
15-1. All intellectual property rights and other rights relating to the Services and Content (excluding User Content) belong to the Company or its licensors, and Users shall not engage in any act that infringes such rights.
15-2. Without the Company's consent, Users shall not sell, rent, lease, sublicense, transfer, reproduce, modify, translate, adapt, reverse-engineer, decompile or disassemble the Services or Content (excluding User Content).
16. Use of Third-Party Applications and Services
Through the Services, Users may access or obtain independent third-party products, services, websites, links, content, materials, skills, bots or applications (collectively, "Third-Party Applications"). The Services may also search, request or operate Third-Party Applications, and may allow or require User Content to be shared with Third-Party Applications. Any permission to use Third-Party Applications through the Services shall be granted by the User, at the User's own discretion.
17. Availability of the Services
The Services or Third-Party Applications may become unavailable, subject to restrictions on use, or may differ in content depending on the User's region, environment or device.
18. Indemnification in Favor of the Company
The User shall resolve, at the User's own expense and responsibility, all claims or demands arising in connection with the User's use of the Services, software or similar items. If the Company incurs any costs in responding to such claims or demands, or pays any compensation, the User shall bear such costs and compensation (including legal fees paid by the Company).
19. Cancellation of User Registration
19-1. If a User falls under any of the following items, the Company may, without prior notice or demand, cancel the User's registration, suspend the User's use of the Services, or take other measures including permanent discontinuation of the User's access to the Services:
- The User violates these Terms;
- The User dies, or is subject to an order for commencement of guardianship, curatorship or assistance;
- The User has not used the Services for six (6) months or more and fails to respond to communications from the Company; or
- The Company otherwise deems it inappropriate for the User to continue using the Services.
19-2. If a User who falls under any of the items in the preceding paragraph owes any monetary obligations to the Company, such User shall automatically forfeit the benefit of time with respect to all such obligations.
19-3. The Company shall not be liable for any damages incurred by the User arising from the measures taken by the Company pursuant to paragraph 1 above.
20. NO WARRANTIES; DISCLAIMER
20-1. Service Availability: THE COMPANY MAKES NO WARRANTY OF ANY KIND REGARDING THE SERVICES, INCLUDING THE POSSIBILITY OF ACCESS, THE STATE OF PROVISION OR USE OF THE SERVICES. THE COMPANY ALSO MAKES NO WARRANTY THAT DEFECTS OR BUGS WILL NOT OCCUR, NOR ANY WARRANTY REGARDING THE CORRECTION OF DEFECTS OR BUGS.
20-2. Information Accuracy: THE COMPANY MAKES NO WARRANTY WHATSOEVER REGARDING ANY INFORMATION OBTAINED BY USERS THROUGH THE SERVICES (INCLUDING BUT NOT LIMITED TO SITES AND CONTENT DISPLAYED AS SEARCH RESULTS IN SEARCH SERVICES), INCLUDING COMPLETENESS, ACCURACY, CERTAINTY, USEFULNESS, FITNESS FOR A PARTICULAR PURPOSE, OR CONFORMITY WITH THE USER'S PREFERENCES, OR WITH RESPECT TO ANY RESULT OBTAINED BY USERS THROUGH THE USE OF SUCH INFORMATION.
20-3. Third-Party Links: EVEN IF LINKS FROM THE COMPANY'S WEBSITE TO OTHER WEBSITES, OR FROM OTHER WEBSITES TO THE COMPANY'S WEBSITE, ARE PROVIDED, THE COMPANY SHALL NOT, FOR ANY REASON, BE LIABLE FOR ANY WEBSITES OTHER THAN THE COMPANY'S WEBSITE OR FOR ANY INFORMATION OBTAINED THEREFROM. IN PARTICULAR, TRANSACTIONS WITH ADVERTISERS OR OTHERS WHO ADVERTISE IN THE SERVICES SHALL BE CONDUCTED UNDER THE RESPONSIBILITY OF THE USER AND SUCH ADVERTISERS, AND THE COMPANY SHALL NOT BE RESPONSIBLE IN ANY WAY FOR SUCH TRANSACTIONS.
20-4. Equipment and Expenses: THE COMPANY MAKES NO WARRANTY REGARDING THE OPERATION OF ANY EQUIPMENT OR SOFTWARE USED BY USERS IN CONNECTION WITH THE SERVICES. THE USER SHALL MANAGE, AT THE USER'S OWN RESPONSIBILITY, ANY EXPENSES INCURRED IN CONNECTION WITH THE USE OF TELECOMMUNICATIONS SERVICES BY VARIOUS CARRIERS AND THE LIKE WHEN USING THE SERVICES, AND THE COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR SUCH EXPENSES.
20-5. Service Interruption: EXCEPT IN CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE BY THE COMPANY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY USERS ARISING FROM INTERRUPTION, SUSPENSION, UNAVAILABILITY OR MODIFICATION OF THE PROVISION OF THE SERVICES, DELETION OR LOSS OF MESSAGES OR INFORMATION OF USERS, CANCELLATION OF REGISTRATION OF USERS, LOSS OF DATA OR FAILURE OR DAMAGE TO EQUIPMENT RESULTING FROM THE USE OF THE SERVICES, OR ANY OTHER DAMAGES RELATED TO THE SERVICES.
20-6. Information Warranty Limitation: EVEN IF THE USER OBTAINS INFORMATION RELATING TO THE SERVICES DIRECTLY OR INDIRECTLY FROM THE COMPANY, THE COMPANY SHALL NOT PROVIDE ANY WARRANTY TO THE USER BEYOND THAT SET FORTH IN THESE TERMS.
20-7. Legal Compliance: THE USER SHALL, AT THE USER'S OWN RESPONSIBILITY AND EXPENSE, INVESTIGATE WHETHER THE USE OF THE SERVICES OR SOFTWARE AND SIMILAR ITEMS PROVIDED BY THE COMPANY VIOLATES ANY LAWS, REGULATIONS OR INTERNAL RULES OF INDUSTRY ASSOCIATIONS APPLICABLE TO THE USER. THE COMPANY DOES NOT WARRANT THAT THE USER'S USE OF THE SERVICES COMPLIES WITH ANY LAWS, REGULATIONS OR INTERNAL RULES OF INDUSTRY ASSOCIATIONS APPLICABLE TO THE USER.
21. LIMITATION OF THE COMPANY'S LIABILITY
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, IF THE COMPANY CAUSES DAMAGE TO A USER DUE TO REASONS ATTRIBUTABLE TO THE COMPANY, THE COMPANY SHALL, EXCEPT IN CASES OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, BE LIABLE ONLY FOR ORDINARY DAMAGES THAT ACTUALLY AND DIRECTLY ARISE (EXCLUDING SPECIAL DAMAGES, LOST PROFITS, INDIRECT DAMAGES AND ATTORNEYS' FEES), AND THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED TEN THOUSAND (10,000) JAPANESE YEN.
22. Notices and Communications
Notices from the Company to Users under these Terms or other notices relating to the Services shall be given by posting on the Company's website, by email, or by other methods the Company deems appropriate. Such notices shall take effect at the time of posting on the website, the time of sending the email, or the time specified by the Company, depending on the method of notification.
23. Exclusion of Antisocial Forces
23-1. The User represents and warrants to the Company that the User is not an antisocial force (meaning an organized crime group, member of an organized crime group, company affiliated with an organized crime group, corporate racketeer, group engaging in criminal activities under the pretext of social movements or political activities, a crime group specialized in intellectual crimes, or any member of such groups, or any other person equivalent thereto), and that the User has no relationship with any antisocial force.
23-2. The User shall not engage in any of the following acts toward the Company:
- Threatening, violent or unreasonable demands that exceed legal responsibility;
- Spreading rumors, using fraudulent means or using force to damage the Company's credibility or interfere with its business; or
- Any other act similar to the acts in the preceding items.
23-3. If the User violates any of the preceding paragraphs and the Company suffers damage, the User shall compensate the Company for all such damage.
23-4. The User agrees that, in the event of any inconsistency between this Article and any other provision of these Terms, this Article shall prevail.
24. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Japan. Any disputes between the Company and a User arising out of or in connection with the Services, software or these Terms shall be submitted to the exclusive jurisdiction of the Tokyo District Court as the court of first instance. However, if the User is a consumer and mandatory laws in the User's country provide otherwise, such mandatory laws shall prevail.